bkarnik
10-26 09:56 AM
No... as long as you can show ties to the US (owning a house, paid taxes, etc) you should be OK. In a situation where a company has sent you overseas, if you have adequate documentation to prove that the company had sent you overseas and you are still on the payroll here, you should be OK. Although, to be safe, I would probably try to make a couple of trips back to the US in a year to maintain resident status.
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gc_kaavaali
04-10 12:55 PM
I think u did not submitted your 485 application. You can only apply for EAD once u submit your 485 application. There are three stages of GC...Labor, 140 and 485...Once u have approved labor.. you need apply for 140 when your priority date is not current...When your priority date is current then you can apply for 140 and 485 together. Once you apply for 485 you can get EAD.
Only exception when you are on L2 Visa.
Hi,
My employer filed labor for me in October 2007. My labour got approved in Feb 2008. Can you please know when I can apply for the EAD? What are the pre-requisties to apply for an EAD.
Thanks a lot,
Nithin.
Only exception when you are on L2 Visa.
Hi,
My employer filed labor for me in October 2007. My labour got approved in Feb 2008. Can you please know when I can apply for the EAD? What are the pre-requisties to apply for an EAD.
Thanks a lot,
Nithin.
Seb Hughes
06-06 12:30 PM
Nice stamps
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pointlesswait
07-23 02:40 PM
hello..
My h1 is valid till march 2010.. but the i-94 i have is expiring in Oct.. (i changed my job ..and had been out of US..on the old stamping..)
Can iget it extended staying in US? or do i have to leave get it restamped in desh.. ?
Is it illegal to stay on expired i-94..but witha valid H1?????????
what are my options..
cheers
My h1 is valid till march 2010.. but the i-94 i have is expiring in Oct.. (i changed my job ..and had been out of US..on the old stamping..)
Can iget it extended staying in US? or do i have to leave get it restamped in desh.. ?
Is it illegal to stay on expired i-94..but witha valid H1?????????
what are my options..
cheers
more...
Blog Feeds
11-01 09:10 AM
According to a recent USCIS guidance an employer may not hire an H-1B worker prior to USCIS approving the H-1B petition unless the employee (i) is currently in H-1B status, or (ii) is the beneficiary of a timely filed H-1B (http://www.h1b.biz/lawyer-attorney-1137085.html) extension of status petition. If the employee is in another nonimmigrant status, such as F-1 (student) or L-1 (intracompany transfer), the employer must wait until USCIS approves the H-1B petition before hiring the foreign worker.
Under section 214(n) of the Immigration and Nationality Act, a worker who "was previously issued a visa or otherwise provided [H-1B] nonimmigrant status" is authorized to begin working upon the filing of an H-1B petition by his or her new employer. This provision is often referred to as H-1B portability. Congress passed the law to allow employers to hire H-1B workers without having to wait for the government to adjudicate the H-1B petitions (http://www.h1b.biz/lawyer-attorney-1137085.html), a process that can often take several months.
The issue was raised to the USCIS Verification Division after employers received nonconfirmations from the E-Verify system when they hired H-1B workers under H-1B portability and the workers were not, at the time of hire, in H-1B status, or were not the beneficiaries of H-1B extension petitions. In the exchange, the USCIS Verification Division stated that the agency does not consider those employees to be work authorized. Please contact our office for further information.
More... (http://www.visalawyerblog.com/2010/10/h1b_visa_attorney_guidance_reg.html)
Under section 214(n) of the Immigration and Nationality Act, a worker who "was previously issued a visa or otherwise provided [H-1B] nonimmigrant status" is authorized to begin working upon the filing of an H-1B petition by his or her new employer. This provision is often referred to as H-1B portability. Congress passed the law to allow employers to hire H-1B workers without having to wait for the government to adjudicate the H-1B petitions (http://www.h1b.biz/lawyer-attorney-1137085.html), a process that can often take several months.
The issue was raised to the USCIS Verification Division after employers received nonconfirmations from the E-Verify system when they hired H-1B workers under H-1B portability and the workers were not, at the time of hire, in H-1B status, or were not the beneficiaries of H-1B extension petitions. In the exchange, the USCIS Verification Division stated that the agency does not consider those employees to be work authorized. Please contact our office for further information.
More... (http://www.visalawyerblog.com/2010/10/h1b_visa_attorney_guidance_reg.html)
nmdial
02-26 09:26 AM
Dear Lawyers,
I am a registered professional civil engineer in the state of PA having an educational background of a BS from India and MS from the US in civil engineering. I got my H1B extension approved last year for its second term of three years. I have been working in the same company since my graduation and also hold an approved I-140. I am planning to visit India in March to get my visa stamping done and am concerned about the reports of valid H1B holders being returned from Newark. Do you think I should avoid Newark as the PoE?
Thanks and regards,
Nishant
I am a registered professional civil engineer in the state of PA having an educational background of a BS from India and MS from the US in civil engineering. I got my H1B extension approved last year for its second term of three years. I have been working in the same company since my graduation and also hold an approved I-140. I am planning to visit India in March to get my visa stamping done and am concerned about the reports of valid H1B holders being returned from Newark. Do you think I should avoid Newark as the PoE?
Thanks and regards,
Nishant
more...
vik_tx
11-27 04:24 PM
how do you contact them? whats the ph. number?
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seahawks
02-15 12:47 AM
comeon guys keep this thread going, everyone, non recurring payers, please contribute, Its for a cause, live your dream, volunteer if you can, be active if you can, and if you really like to be behind the scenes, at least contribute!
more...
ybinds
11-08 12:57 AM
Well I have been waiting for a reply, seems like no one has answered my question. Can someone please post some suggestions. urgent
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pianojangee
10-11 10:12 PM
I don't think F-1 is dual intent. F-1 is non-immigrant visa. Dual intent means, even though the visa it self is non-immigrant but it has intent to change to immigrant visa, such as H-1B Temporary worker and K-1 Fiance visa.
For more accurate answer, consult an immigration attorney.
For more accurate answer, consult an immigration attorney.
more...
REEF�
05-09 05:16 PM
^
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fundo14
06-20 01:00 AM
Today I got the approval for 7th year H1 extension
more...
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Motivated
11-15 12:27 PM
The town we are in only has a community college only, my spouse is an engineer and they have nothing to offer... Small town restricts her chances to be hired on H1 too.
Biggest reason for taking up the new job is to be able to access the above options.....:(
Biggest reason for taking up the new job is to be able to access the above options.....:(
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BKY
09-23 03:25 PM
__________________________________________________ ________________________
When changing from EB3 to EB2 (same Employer), experience with the same employer is considered only when the job duties are >50% different from the existing job.
__________________________________________________ ________________________
What if you change the employer ?
We can apply in EB2 with not much difference in old job and new job ?
When changing from EB3 to EB2 (same Employer), experience with the same employer is considered only when the job duties are >50% different from the existing job.
__________________________________________________ ________________________
What if you change the employer ?
We can apply in EB2 with not much difference in old job and new job ?
more...
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dealsnet
03-05 03:12 PM
EAD is for work.
AP is for travel. For enter into USA, only AP and passport is required.
Dear Lawyer / Member,
My wife lost her EAD while traveling (in India) outside of this country, she has Advance Parole document with her.
Question is: Can she able to enter US without EAD?
My Wife status:
Current Status : AOS (H4 - expired) - Filed I-485
Advance Parole: Valid till 11/11/2010
EAD: Valid till 10/11/2010 (Lost):mad:
Appreciate your response.
Thanks
chingainfogc
AP is for travel. For enter into USA, only AP and passport is required.
Dear Lawyer / Member,
My wife lost her EAD while traveling (in India) outside of this country, she has Advance Parole document with her.
Question is: Can she able to enter US without EAD?
My Wife status:
Current Status : AOS (H4 - expired) - Filed I-485
Advance Parole: Valid till 11/11/2010
EAD: Valid till 10/11/2010 (Lost):mad:
Appreciate your response.
Thanks
chingainfogc
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Blog Feeds
05-17 01:40 AM
The information that is provided in this post is relevant as of Friday May 15, 2009. This is coming from our local AILA chapter Chair.
As many of our readers know, at the conclusion of the Marriage based adjustment of status interview, the immigration officer, upon approval, used to stamp the immigrant's passport with the I-551 (Green Card) stamp. This used to be an immediate proof that the case was approved and the applicant could work and travel using this stamp. As the actual production of the Green Cards became so fast, the practice of stamping applicants' passports stopped as well in most states across the nation.
It seems that things are changing, hence the recent notice from USCIS. According to the notice we received, the Green Card Facility in KY is undergoing renovation. USCIS' card production capability will be reduced over the next several months. They will expand the use of ADIT Temporary Green Card stamps as temporary evidence of LPR status.
The Stamps will be valid for 12 months (previously only 30 days validity was given). Work permits and travel documents (advance paroles) will be collected at the interview from the clients. The stamp will be the only proof of work and travel authorization in such cases. It looks like this policy will continue for the next 6-12 months. This is a nationwide policy and is not taking place only in San Diego.
We will keep you posted with more information as it becomes available.
More... (http://www.visalawyerblog.com/2009/05/san_diego_immigration_lawyer_u.html)
As many of our readers know, at the conclusion of the Marriage based adjustment of status interview, the immigration officer, upon approval, used to stamp the immigrant's passport with the I-551 (Green Card) stamp. This used to be an immediate proof that the case was approved and the applicant could work and travel using this stamp. As the actual production of the Green Cards became so fast, the practice of stamping applicants' passports stopped as well in most states across the nation.
It seems that things are changing, hence the recent notice from USCIS. According to the notice we received, the Green Card Facility in KY is undergoing renovation. USCIS' card production capability will be reduced over the next several months. They will expand the use of ADIT Temporary Green Card stamps as temporary evidence of LPR status.
The Stamps will be valid for 12 months (previously only 30 days validity was given). Work permits and travel documents (advance paroles) will be collected at the interview from the clients. The stamp will be the only proof of work and travel authorization in such cases. It looks like this policy will continue for the next 6-12 months. This is a nationwide policy and is not taking place only in San Diego.
We will keep you posted with more information as it becomes available.
More... (http://www.visalawyerblog.com/2009/05/san_diego_immigration_lawyer_u.html)
more...
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rkumar28
05-26 03:33 PM
I had applied for my H1B extn and got an RFE. Lawyers replied to it and its almost 7 weeks now, haven't got any reply.
Is this a usual timeframe? how long will it usually take for USCIS to take any action on the RFE's after the reply was sent with all appropriate documents?
Hi Raj Kumar,
I am completing my 9 years on H1B and my H1B is expiring. I have applied for the H1B extenstion since my I485 is still pending. What exactly does the RFE says....Can you please provide some details...it will be helpful....
Is this a usual timeframe? how long will it usually take for USCIS to take any action on the RFE's after the reply was sent with all appropriate documents?
Hi Raj Kumar,
I am completing my 9 years on H1B and my H1B is expiring. I have applied for the H1B extenstion since my I485 is still pending. What exactly does the RFE says....Can you please provide some details...it will be helpful....
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Bodran
08-11 01:00 PM
my attorney asked me to sign
Are you 16 or under? Were you applying with your parents?
Are you 16 or under? Were you applying with your parents?
hairstyles Panning Gold, California
gimme_GC2006
07-11 02:47 PM
All,
Per Aug 2008 Bulletin, my dates are current.
But My and My spouse's 485 is transferred to NBC sometime back (we never heard anything)
My daughters 485 is still at TSC.
Anyone know, whats gonna happen now?
I get a feeling that, our apps will be laying eggs while dates are current :mad:
Per Aug 2008 Bulletin, my dates are current.
But My and My spouse's 485 is transferred to NBC sometime back (we never heard anything)
My daughters 485 is still at TSC.
Anyone know, whats gonna happen now?
I get a feeling that, our apps will be laying eggs while dates are current :mad:
tricolor
06-20 07:46 PM
Hi Buddy,
Put your address in 485 apps. You may at some point want to change the employer under AC21 rule and this will allow you to 'carry' the 485 process with you. Basically you own 485 process whereas it's not the case with labor and I-140.
HTH
Put your address in 485 apps. You may at some point want to change the employer under AC21 rule and this will allow you to 'carry' the 485 process with you. Basically you own 485 process whereas it's not the case with labor and I-140.
HTH
eb3India
12-07 07:56 AM
Did we ever think about forming a team with other like minded people under one banner? I think we will be able to effect something if all Pro CIR people join hands together and pool our resources. Any suggestions??
Good idea! here is why it won't work
AILA sees 11 milllion clients at their door step, so they support more of CIR which mostly favours illegals
Compete America is more towards corporate interest, they will be happy if they get more H1Bs, they do support more EB green cards, but I don't think itz their top agenda
IV is formed by guys who are really victims, so we know whatz in our best intrest, none of other groups are not victims they just want to take advantage of current situation
never the less their policy do align with ours , so I am sure IV core members are in touch with these organization and work them more closly
Good idea! here is why it won't work
AILA sees 11 milllion clients at their door step, so they support more of CIR which mostly favours illegals
Compete America is more towards corporate interest, they will be happy if they get more H1Bs, they do support more EB green cards, but I don't think itz their top agenda
IV is formed by guys who are really victims, so we know whatz in our best intrest, none of other groups are not victims they just want to take advantage of current situation
never the less their policy do align with ours , so I am sure IV core members are in touch with these organization and work them more closly