purmuc
03-01 01:19 PM
I was in united states for 5 years and 2 months on H1-B visa. I did not apply for green card during my stay and had to return to India in Aug'2008 due to personal reasons. I want to find out if I am eligible for applyng H1 in this year's quota through same employer with whom I had earlier H1.
Here is my situation -
1. My H1-B petition is valid till 12th July 2009. My passport is not stamped to reflect this date.
2. I came back to India for good on 31st August 2008.
3. If I go back to US before 12th July, I will only get extension for remaining 10 months (as I was in us for 5 years and 2 months). But I want to go for couple of years, so have to go on new visa after completion of 1 year in India.
So I want to check if I am eligible for filing H1-B in this year's quota through same employer ?
Here is my situation -
1. My H1-B petition is valid till 12th July 2009. My passport is not stamped to reflect this date.
2. I came back to India for good on 31st August 2008.
3. If I go back to US before 12th July, I will only get extension for remaining 10 months (as I was in us for 5 years and 2 months). But I want to go for couple of years, so have to go on new visa after completion of 1 year in India.
So I want to check if I am eligible for filing H1-B in this year's quota through same employer ?
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Canadian_Dream
07-25 02:12 AM
http://www.murthy.com/nflash/nf_051607.html
The regulation bans improper commerce and payment for labor certifications. It bans the sale, barter, or purchase of labor certifications. Employers cannot seek or receive payment of any kind for activity related to the labor certification. This includes payment of the employer's attorney fees and costs. Individuals can pay for their own legal fees for separate representation, but the labor certification is regarded as the employer's cost. If there is dual representation, the employer must pay the attorney fees and related costs. This applies only to the labor certification stage.
Applied I-140 and I-485 in EB3 this month. New employer might agree to apply in EB2 category. Assuming I have to pay all costs for EB2 PERM processing, what's the average cost in Manhattan area?
The regulation bans improper commerce and payment for labor certifications. It bans the sale, barter, or purchase of labor certifications. Employers cannot seek or receive payment of any kind for activity related to the labor certification. This includes payment of the employer's attorney fees and costs. Individuals can pay for their own legal fees for separate representation, but the labor certification is regarded as the employer's cost. If there is dual representation, the employer must pay the attorney fees and related costs. This applies only to the labor certification stage.
Applied I-140 and I-485 in EB3 this month. New employer might agree to apply in EB2 category. Assuming I have to pay all costs for EB2 PERM processing, what's the average cost in Manhattan area?
golgappa
11-17 04:41 PM
1. when the H1B extension was applied, your employer must have attached the copy of the old H1B and USCIS also would have had the old H1B and date, still they approved..it so they took that 6 days in to consideration..that can be one argument..if you have to make somewhere.
2. If your packed was mailed before 20 Feb and it reached on 26 that could also add to the argument...that it was "POST MARKED" before 20 Feb...but you dont have anything to show it..
3. it seems you were technically "out of status" in those days...
4. Was your I-94 was also till 20 FEb..normally they give I-94 10-15 days after the date of visa expiry..
2. If your packed was mailed before 20 Feb and it reached on 26 that could also add to the argument...that it was "POST MARKED" before 20 Feb...but you dont have anything to show it..
3. it seems you were technically "out of status" in those days...
4. Was your I-94 was also till 20 FEb..normally they give I-94 10-15 days after the date of visa expiry..
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carbon
11-01 02:06 PM
Dear Friends,
Can I quite my current job in the US and go back to india for 6 months come back on AP and find similar job ? is this possible ? how long can I stay in india
before my I-485 status "runs out" ?
My PD is June 2005/EB2. I am a July 2 filer. I have received I-485 receipt,EAD and AP.
Thanks.
Can I quite my current job in the US and go back to india for 6 months come back on AP and find similar job ? is this possible ? how long can I stay in india
before my I-485 status "runs out" ?
My PD is June 2005/EB2. I am a July 2 filer. I have received I-485 receipt,EAD and AP.
Thanks.
more...
sk.aggarwal
02-28 10:37 AM
I am not sure about the answer. It depends on how close you are to finding the new position. Once you find a new position, speak with attorney for new company. In worst case can always do H1 extension in premium. If I were you, I would just have a hard dead line of say April end. If I dont find a new job by then, would just file for extension in premium.
bfadlia
05-15 01:38 PM
I am looking for a cheap lawyer in Chicago area who will be willing to do basic paperwork for Canada immigration. Please suggest.
The process is so simple, instructions on the website are clear. There is no need for a lawyer. Most people I know did it themselves successfully. I did it on my own too and I'm about to land soon.
On second thought, you may hire me to help you :)
The process is so simple, instructions on the website are clear. There is no need for a lawyer. Most people I know did it themselves successfully. I did it on my own too and I'm about to land soon.
On second thought, you may hire me to help you :)
more...
mkrisa
08-07 09:34 PM
Guys, I have some questions?
Can we file I-765 (EAD) and not use it? Do we have to renew it even though we dont use it?
Please let me know.
Thanks
Can we file I-765 (EAD) and not use it? Do we have to renew it even though we dont use it?
Please let me know.
Thanks
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a_yaja
11-21 02:10 PM
Hello, I have a question I hope someone is able to answer :)
Suppose my priority dates gets current for a certain month and therefore I apply for adjustment of status (I-485) and a EAD card for my wife (I-765). If the next visa bulletin retrogresses my priority date and it is no longer current, does that also freeze the I-765 processing, or would my wife get the EAD even if my priority date is no longer current?
Thanks.
If you do not file for EAD along with the I-485 application, you can apply for EAD at any time after filing the I-485. I filed my I-485 during the July 2007 rush but did not file for EAD at that time as my H1 was valid till June 2008. I applied for my EAD only in March 2008 - when my dates were not current - and I got my EAD after 50 days.
Suppose my priority dates gets current for a certain month and therefore I apply for adjustment of status (I-485) and a EAD card for my wife (I-765). If the next visa bulletin retrogresses my priority date and it is no longer current, does that also freeze the I-765 processing, or would my wife get the EAD even if my priority date is no longer current?
Thanks.
If you do not file for EAD along with the I-485 application, you can apply for EAD at any time after filing the I-485. I filed my I-485 during the July 2007 rush but did not file for EAD at that time as my H1 was valid till June 2008. I applied for my EAD only in March 2008 - when my dates were not current - and I got my EAD after 50 days.
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bobzibub
10-04 03:27 PM
you can also change employers immediately. Your spouse is the primary applicant, and hte 180 day AC21 rule applies to her. You can:
- use EAD whenever you want
- change jobs whenever you want
- change job profile however you want.
she:
- can use EAD whenever she wants
- change jobs after 180 days
- change onto a job in the same or similar profile.
Now if the secondary applicant also has a 140/485 application filed this means that he or she should wait for six months also.. I have an EAD (as of yesterday) from my wife's application. Mine is just the 485 -- no EADs/APs etc. If I contract on the side with my EAD (invalidating my H1b) does my employer find out? Am I obligated to tell?
Cheers,
-b
- use EAD whenever you want
- change jobs whenever you want
- change job profile however you want.
she:
- can use EAD whenever she wants
- change jobs after 180 days
- change onto a job in the same or similar profile.
Now if the secondary applicant also has a 140/485 application filed this means that he or she should wait for six months also.. I have an EAD (as of yesterday) from my wife's application. Mine is just the 485 -- no EADs/APs etc. If I contract on the side with my EAD (invalidating my H1b) does my employer find out? Am I obligated to tell?
Cheers,
-b
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fasterthanlight�
05-10 04:04 PM
Thanks! I'm just wondering why I was the first to think of it. MEh.
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hemya
02-12 02:25 PM
Please ask your lawyer whether the H1 is being filed as " change of status" or "consular processing". If it is consular processing then she will have to go and get the stamping done. As per my knowledge if H1 is rejected she can still enter on H4 since it is still valid. I assume the H1 petition will be filed on 1st April. If she enters after that date then most probably it will have to be consular processing
However please check with your lawyer since the above is only my understanding
Good luck
However please check with your lawyer since the above is only my understanding
Good luck
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factoryman
06-14 09:39 PM
80% will benefit immediately. 20% will not. But we must strive to work for these 20% also.
Look, the USCIS will some good, reliable concrete numbers to work on. I feel what is happening is just.
Look, the USCIS will some good, reliable concrete numbers to work on. I feel what is happening is just.
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deeru
04-02 01:12 PM
mine is NSC...looks like NSC is taking more time than TSC..
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nat23
02-19 09:19 AM
I would suggest you ask your employer B to file thru premium processing. Just to be on the safe side
cancellation takes atleast a month if not more. (4-5 months is not a confirmed number so its better to assume the worse case of 1 month)
cheers
nat
cancellation takes atleast a month if not more. (4-5 months is not a confirmed number so its better to assume the worse case of 1 month)
cheers
nat
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frostrated
08-11 02:24 PM
My friend will come from India on H1B first time to Atlanta Air port this weekend. His H1B was approved for year 2008 and his stamping was done in early 2009. His H1B is from small desi consulting company. What kind of questions he may face? Any inputs will highly appreciated.
One of the most common questions for situation your friend is in is why he waited this long to come to the US after approval of H1B visa. Another question is to show proof of job availability. It is 2 years since a petition was applied for him and a year since he got his visa. Unless he has some very solid answers, there is a possibility that they might deny his entry.
If you say that another position has opened up for which he is coming, then the next question would be if a new LCA was applied for the new position, which would then open up a totally new ball game. I would suggest that you have your friend contact his company lawyer for suggetions, rather than listen to advice given by people here who have not been in such situations.
One of the most common questions for situation your friend is in is why he waited this long to come to the US after approval of H1B visa. Another question is to show proof of job availability. It is 2 years since a petition was applied for him and a year since he got his visa. Unless he has some very solid answers, there is a possibility that they might deny his entry.
If you say that another position has opened up for which he is coming, then the next question would be if a new LCA was applied for the new position, which would then open up a totally new ball game. I would suggest that you have your friend contact his company lawyer for suggetions, rather than listen to advice given by people here who have not been in such situations.
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drirshad
09-16 04:53 AM
Your husband could have answered this question with his 8th year extension in progress. But here it is, once you start working for a company on H1 and they file ur GC starting with LC and if the process is pending for a year then u get automatic extensions going forward. With PERM the LC is getting approved more faster and you should have it within the year. As for H1 to wait until oct 2007 that will be for new H1's if u were already on a h1 before you can convert to one anytime not waiting until oct2007. :)
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tabletpc
03-27 03:54 PM
No stages ..only worries and surprises...!!!!
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sapking
07-31 08:20 PM
Have you talked to your attorney? They will guide you.
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10-23 09:09 AM
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Rockford
06-24 12:57 AM
Whats your point? This is not a medical forum :)
BTW, its PPD test and I know quite a few people of Indian origin who had to go for the X-ray. Follow some of the other threads on this forum as well.
You are little too quick my friend, I did not complete my post by the time you replied. I wasn't sure that others can see my post while I was still creating (typing) my poll.
I am trying to get a sense of how many people are getting positive reaction. I am hoping this thread might give exposure about people harassed by uninformed or under informed civil surgeons/ health dept officials about the impact of BCG on PDP test. I see different interpretation of test results.
BTW, its PPD test and I know quite a few people of Indian origin who had to go for the X-ray. Follow some of the other threads on this forum as well.
You are little too quick my friend, I did not complete my post by the time you replied. I wasn't sure that others can see my post while I was still creating (typing) my poll.
I am trying to get a sense of how many people are getting positive reaction. I am hoping this thread might give exposure about people harassed by uninformed or under informed civil surgeons/ health dept officials about the impact of BCG on PDP test. I see different interpretation of test results.
gc_kaavaali
06-10 01:57 PM
It is really great news...hip hip hooray!!! thanks IV..
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