
rdx0
01-09 06:37 PM
Hi,
I am in a unique situation, any advise/help would be appreciated.
My H1 Visa and I-94 are expiring on Jan 20, 2009. It can be extended till Apr 2011 as I have been in US only for 3 Yrs and 8 Months. My current employer is not extending my Visa, so I am going to get it extended through another company, say COMPANY ABC (a Staffing company basically).
However, I don't want to be with Company ABC because I am soon going to get a job with a direct client, CLIENT XYZ, but that won't happen until Jan 25th or so.
So my question is, if I apply for extension through COMPANY ABC for now, just so that I don't go 'out of status' on Jan 20th, will CLIENT XYZ be able to apply for my extension on Jan 25th, while my application with Company ABC is still pending? Or they (CLIENT XYZ) will have to wait until my first application (With COMPANY ABC) is processed?
Basically, just want to know if a Company ABC has filed for H1 Transfer and I-94 extension before the expiry date, can another Company XYZ file for an extension/transfer after the expiry while the application from company ABC is still being processed?
Any help is appreciated. I have posted this query on couple of other posts but no one seems to know the answer! no one replied yet :(
I am in a unique situation, any advise/help would be appreciated.
My H1 Visa and I-94 are expiring on Jan 20, 2009. It can be extended till Apr 2011 as I have been in US only for 3 Yrs and 8 Months. My current employer is not extending my Visa, so I am going to get it extended through another company, say COMPANY ABC (a Staffing company basically).
However, I don't want to be with Company ABC because I am soon going to get a job with a direct client, CLIENT XYZ, but that won't happen until Jan 25th or so.
So my question is, if I apply for extension through COMPANY ABC for now, just so that I don't go 'out of status' on Jan 20th, will CLIENT XYZ be able to apply for my extension on Jan 25th, while my application with Company ABC is still pending? Or they (CLIENT XYZ) will have to wait until my first application (With COMPANY ABC) is processed?
Basically, just want to know if a Company ABC has filed for H1 Transfer and I-94 extension before the expiry date, can another Company XYZ file for an extension/transfer after the expiry while the application from company ABC is still being processed?
Any help is appreciated. I have posted this query on couple of other posts but no one seems to know the answer! no one replied yet :(
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rck4evr
07-19 04:14 PM
I am in the same boat too. My employer is filing only 485. My only concern is that what if my lawyer/employer does not give me the receipt ?
smuggymba
10-13 11:35 AM
Hi folks
We have applied for COS for my wife from H4 - F1, and yesterday we got approval.
(TOOK ONE MONTH APPROX),
Now the question is,
I AM AWARE THAT SHE HAS TO GET STAMPED IF SHE TRAVELS TO INDIA, BUT what if she travels to India, when on OPT status????
Any seniors had experienced the same situation?????????
Pl advice
JAGGU BHAI
u can come back on OPT only if you have a valid and current job offer. On F1, u have to come back on stamping.
We have applied for COS for my wife from H4 - F1, and yesterday we got approval.
(TOOK ONE MONTH APPROX),
Now the question is,
I AM AWARE THAT SHE HAS TO GET STAMPED IF SHE TRAVELS TO INDIA, BUT what if she travels to India, when on OPT status????
Any seniors had experienced the same situation?????????
Pl advice
JAGGU BHAI
u can come back on OPT only if you have a valid and current job offer. On F1, u have to come back on stamping.
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ronhira
06-08 10:36 AM
Sen. Reid is up for re-election in 2010. That's why he is making statements like these favoring Immigration Bill because there is large hispanic population in NV that will be potential voters for Senator's re-election.
more...

qplearn
08-23 06:29 PM
My case is filed in EB-2 although I am eligible to apply in EB-1.
When I filed, there was no retrogression for India, and so it made no sense to apply in EB-1.
Does anyone have any suggestions?
My PD is Dec 2004
and I have a 140 approved.
qplearn
When I filed, there was no retrogression for India, and so it made no sense to apply in EB-1.
Does anyone have any suggestions?
My PD is Dec 2004
and I have a 140 approved.
qplearn
b_boy
04-21 11:37 PM
mine is paperbased
more...
gnutin
04-05 05:12 PM
It is unlikely that your I-140 was revoked because usually they are revoked only for fraud. Also, there is no limit on the time you can have I-140 approved before filing for I-485 and continuing your case. Most likely you cannot file I-485 anyway due to retrogression.
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anilsal
10-12 12:04 PM
It may be better to call the USCIS 800 number and I think there is an option for change of address.
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anilsal
12-10 11:32 AM
When: Wednesday: December 13, 2006 (8pm cst - 9pm cst)
Details:
Scheduled Conference Date: Wednesday, December 13, 2006
Scheduled Start Time: 8:00 PM Central Std Time
Scheduled End Time: 8:55 PM Central Std Time
Scheduled # of Participants: 50
Type of Conference: Web-Scheduled Standard
Dial-in Number: 1-641-297-5500 (Iowa)
Participant Access Code: 523434
Conference Controls:
# Q&A Mode (Participants are muted but may unmute themselves, Organizers are unmuted)
# Entry Chimes - Enabled
# Exit Chimes - Enabled
Agenda:
* Get to know each other.
* Update from IV Core Members.
* Action Plan.
Details:
Scheduled Conference Date: Wednesday, December 13, 2006
Scheduled Start Time: 8:00 PM Central Std Time
Scheduled End Time: 8:55 PM Central Std Time
Scheduled # of Participants: 50
Type of Conference: Web-Scheduled Standard
Dial-in Number: 1-641-297-5500 (Iowa)
Participant Access Code: 523434
Conference Controls:
# Q&A Mode (Participants are muted but may unmute themselves, Organizers are unmuted)
# Entry Chimes - Enabled
# Exit Chimes - Enabled
Agenda:
* Get to know each other.
* Update from IV Core Members.
* Action Plan.
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pappu
01-10 10:37 AM
It is a good opportunity for state chapters. Unfortunately not many state chapters are yet formed despite having 8000+ members. We have members from every state but only a handful state members are actively working. Unless we all ourselves take responsibility and actively organize and participate in state chapters it is tough to use the grassroots level strength of this organization. We have more than a thousand members coming everyday to this site and posting ideas, opinions and what IV should do and what IV should not do. We all can achieve everything easily if everyone actively makes their state chapters alive and participate. If you feel that there is nobody in your chapter, then take a lead role and organize it. If you find that few members have signed up, and nothing is happening, then PM all those that are signed up and start working on action items.
pls use this link to sign up and start taking active role in your state chapter today
http://immigrationvoice.org/forum/showthread.php?p=30164#post30164
http://immigrationvoice.org/forum/forumdisplay.php?f=17
pls use this link to sign up and start taking active role in your state chapter today
http://immigrationvoice.org/forum/showthread.php?p=30164#post30164
http://immigrationvoice.org/forum/forumdisplay.php?f=17
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user_5
01-22 03:47 PM
Hi,
I was working on L1 before and my h1 was approved in october but i joined on h1 only in december before the 60 day grace period?
Now i need to visit to india so
1) Will there be any problem to get stamped in india if i travel in April ?
2) Can i get stamped in Mexico or Canada? How many pay slips n other documents do i need ? What is the process of getting stamped in Mexico or Canada?
3) Which one is less risky (going to mexico or canada) ?
Please let me know ASAP. I appreciate your help on this.
Thanks
I was working on L1 before and my h1 was approved in october but i joined on h1 only in december before the 60 day grace period?
Now i need to visit to india so
1) Will there be any problem to get stamped in india if i travel in April ?
2) Can i get stamped in Mexico or Canada? How many pay slips n other documents do i need ? What is the process of getting stamped in Mexico or Canada?
3) Which one is less risky (going to mexico or canada) ?
Please let me know ASAP. I appreciate your help on this.
Thanks
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sh2005
08-03 06:54 PM
They are not always up to date on their processing times.
Evidently.... I guess I can't rely on it too much for predicting approval of the other applications. I heard of a similar situation too, the receipt date is very close to mine and it got approved today.
Evidently.... I guess I can't rely on it too much for predicting approval of the other applications. I heard of a similar situation too, the receipt date is very close to mine and it got approved today.
more...
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lvgc
01-29 06:00 PM
Here is my situation:
I-485 is pending
H1 Visa will expire on Feb 26, 2009 (extension has been filed but have not received the receipt notice). Company will not file for premium processing due to budget cuts.
I have an EAD (valid until 2010) but did not renew my AP (expired this week).
I am going out of the country and will return on Feb 22, 2009.
Will there be any problems at the port of entry? Has anybody come back into the country with little time left on the H1B?
Thanks
I-485 is pending
H1 Visa will expire on Feb 26, 2009 (extension has been filed but have not received the receipt notice). Company will not file for premium processing due to budget cuts.
I have an EAD (valid until 2010) but did not renew my AP (expired this week).
I am going out of the country and will return on Feb 22, 2009.
Will there be any problems at the port of entry? Has anybody come back into the country with little time left on the H1B?
Thanks
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IneedAllGreen
06-27 03:29 PM
Yes I have known people done for H1 and H4 both. My friend who was fron MP usually get his H1 from Mumbai. But Last year he got his H1 stamped from Delhi just because he wants to go to Honeymoon there. Hope this helps.
more...
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Blog Feeds
06-13 05:20 PM
Last week I attended the Annual Immigration Lawyers conference in Las Vegas. During the conference, government officials spent some time to update the attendees of the most recent information and upcoming changes.
It seems that the collection of the $500 fraud fee for new H1B or L-1 petitions is being used to invest in hiring more investigators. One recent trend is that business practices that were standard and went unchallenged previously, now are being viewed as �fraud.� Many companies must revise their practices to meet current standards. This does not mean that these practices of employers or businesses are necessarily fraudulent.
The biggest frustration for lawyers dealing with H1B's are the unreasonable RFE's being issued by the service since the April 1 filing. USCIS is making requests for photos of the premises, copies of contracts between all involved parties, and evidence of doing business including leases, licenses, and other proof. These requests are onerous for employers, as well as disruptive and harmful to both the employer and the employee when the H1B petition is often denied without valid justification.
USCIS presumes fraud if the employer meets two out of the following three criteria: has been doing business for fewer than ten years, has fewer than 25 employees, and/or has less than $10 million in revenue. Most well-established, bona fide companies started with these drawbacks. Even many large, well-known, highly-reputable companies are being issued intensive requests for evidence (RFEs) that seem to be without basis. This trend must stop, otherwise employers will be discouraged from filing for new H1B workers.
More... (http://www.visalawyerblog.com/2009/06/h1b_visa_lawyer_cap_not_met_an.html)
It seems that the collection of the $500 fraud fee for new H1B or L-1 petitions is being used to invest in hiring more investigators. One recent trend is that business practices that were standard and went unchallenged previously, now are being viewed as �fraud.� Many companies must revise their practices to meet current standards. This does not mean that these practices of employers or businesses are necessarily fraudulent.
The biggest frustration for lawyers dealing with H1B's are the unreasonable RFE's being issued by the service since the April 1 filing. USCIS is making requests for photos of the premises, copies of contracts between all involved parties, and evidence of doing business including leases, licenses, and other proof. These requests are onerous for employers, as well as disruptive and harmful to both the employer and the employee when the H1B petition is often denied without valid justification.
USCIS presumes fraud if the employer meets two out of the following three criteria: has been doing business for fewer than ten years, has fewer than 25 employees, and/or has less than $10 million in revenue. Most well-established, bona fide companies started with these drawbacks. Even many large, well-known, highly-reputable companies are being issued intensive requests for evidence (RFEs) that seem to be without basis. This trend must stop, otherwise employers will be discouraged from filing for new H1B workers.
More... (http://www.visalawyerblog.com/2009/06/h1b_visa_lawyer_cap_not_met_an.html)
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DarkChild
04-08 04:19 PM
:lol:
more...
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skolagotla
04-07 11:42 AM
Hi,
May be a dumb question, but i would like to know how to proceed from here..
I have an approved 140 and applied for 485 got by EAD and done my FP, however recently i got married and i want to know how do i add my wife to my current 485 status ??
My employer lawyer says ; 485 dates should be current to add my wife ?? is that true ??
May be a dumb question, but i would like to know how to proceed from here..
I have an approved 140 and applied for 485 got by EAD and done my FP, however recently i got married and i want to know how do i add my wife to my current 485 status ??
My employer lawyer says ; 485 dates should be current to add my wife ?? is that true ??
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kv_ajay
10-19 10:40 AM
A startup in the area filed for my PERM and it was approved in June 2010. Right now, they are in a mess about their tax returns and reauditing with their CPA and it seems that they will not be able to provide tax statements for this year end.
That will cause the PERM to expire without filing I140 since PERM expires in Dec. Is there anyway for us to file extension for the PERM ? More than 180 days...
That will cause the PERM to expire without filing I140 since PERM expires in Dec. Is there anyway for us to file extension for the PERM ? More than 180 days...
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eilsoe
10-21 01:15 AM
cross yer eyes mdipi :)
Merge the two pictures with the power of offkey eyemovement :crazy:
Makes the purdy pictures go 3d... :P
Merge the two pictures with the power of offkey eyemovement :crazy:
Makes the purdy pictures go 3d... :P
alterego
02-06 08:13 AM
It looks as though they have updated their page. Previously they were suggesting people apply 180 days in advance.
nousername
01-19 03:01 PM
Sorry to hear about your situation. You are out of status the minuet you lost your job and the 180 days clock has already started ticking i.e. out of status for more then 180 days and still in the country may result in 5 yr entry ban.
I don't want to scare you but just sharing the law details.
Now you best course of action would be to get a job ASAP and get your H1 transferred. For this process immigration will ask for your last pay stub and if there is a big gap then they might reject your visa but again it is hard to say anything as it totally depends upon the officer.
Also, hire a good attorney if you can.
Staying in the US after losing a job on H1 is a gray area, especially when you have a valid i-94 hence getting a good attorney is very important.
Also, you might want to look at student visa or visitor visa to maintain your legal status.
Good luck
Do you have any idea about the other legal options in terms of immigration i might have.?
I don't want to scare you but just sharing the law details.
Now you best course of action would be to get a job ASAP and get your H1 transferred. For this process immigration will ask for your last pay stub and if there is a big gap then they might reject your visa but again it is hard to say anything as it totally depends upon the officer.
Also, hire a good attorney if you can.
Staying in the US after losing a job on H1 is a gray area, especially when you have a valid i-94 hence getting a good attorney is very important.
Also, you might want to look at student visa or visitor visa to maintain your legal status.
Good luck
Do you have any idea about the other legal options in terms of immigration i might have.?

