deekay
06-23 05:01 PM
Although this type of mistake on the I-94 would be an issue of you were solely maintaining H-1B status, because you are considered to be in the U.S. in an authorized period of stay as an Adjustment of Status (AOS) Applicant, the incorrect date on the I-94 should not present a problem for you. Technically your period of authorized stay as an AOS applicant can only end once your AOS application is adjudicated, so the dates listed on the I-94 cards for AOS Applicants are always somewhat arbitrary to begin with. Customarily AOS applicants are issued I-94 cards that are valid for a one-year period, however, if for instance, that year ends, and the I-94 �expires�, the AOS Applicant would still be maintaining valid status so long as the AOS application remains pending.
In any event, we are not sure if the CPB Deferred Inspection unit will correct this because of the situation above, and we do not feel that the correction is necessary. In addition to continuing to be in period of authorized status as an AOS Applicant, you also have a valid I-797 for H-1B status, and even though you re-entered the U.S. on Advance Parole, you are still eligible for employment pursuant to the H-1B petition.
In any event, we are not sure if the CPB Deferred Inspection unit will correct this because of the situation above, and we do not feel that the correction is necessary. In addition to continuing to be in period of authorized status as an AOS Applicant, you also have a valid I-797 for H-1B status, and even though you re-entered the U.S. on Advance Parole, you are still eligible for employment pursuant to the H-1B petition.
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h1bmajdoor
09-26 08:17 PM
I had a positive skin test & doctor recommended the 9 months tb treatment, but I applied for I485 & EAD because the doctor did provide me with I693 sealed envelope.
Now, Will it be a problem to get an EAD??? because I haven't completed my 9 months of treatment.
Thanks,
Nileshup
almost every foreigner has a +ive reaction. this is because we are vaccinated (BCG).
Now, Will it be a problem to get an EAD??? because I haven't completed my 9 months of treatment.
Thanks,
Nileshup
almost every foreigner has a +ive reaction. this is because we are vaccinated (BCG).
jimecalfa
01-08 03:40 AM
Hi, this is my situation:
- I have L2 Visa, because my husband has L1B Visa. This year, the visa expires and we have 3 new options: extension for L1 and L2 Visa, H1 and H4Visa or Green Card.
- In the other hand, I have my own business. I have and EAD (work permit) and SSN.
Questions:
1. Which of the 3 options do you recommend us to get? Why?
2. I understand that under H4, I am not able to get a work permit. Do I need a work permit to continue doing business by myself? Or it is required even to run my business?
Thanks
Jime
- I have L2 Visa, because my husband has L1B Visa. This year, the visa expires and we have 3 new options: extension for L1 and L2 Visa, H1 and H4Visa or Green Card.
- In the other hand, I have my own business. I have and EAD (work permit) and SSN.
Questions:
1. Which of the 3 options do you recommend us to get? Why?
2. I understand that under H4, I am not able to get a work permit. Do I need a work permit to continue doing business by myself? Or it is required even to run my business?
Thanks
Jime
2011 Hwang Mi Hee
nashim
08-07 11:51 AM
Good job, people can laugh by this post in a busy work schedule.
more...
lavanyamohan
03-18 12:50 AM
thanks everyone for their suggestions.I know the clock is ticking and I am gonna decide today itself. I have all documents prepared from last year and I missed the quota.
Did any one used http://www.usavisanow.com/ for their H1B filing.
I am waiting for some reference from any of senior membere here who have used their service
Thanks
Did any one used http://www.usavisanow.com/ for their H1B filing.
I am waiting for some reference from any of senior membere here who have used their service
Thanks
swartzphotography
June 24th, 2006, 10:47 PM
it dont just sound like you have dust on your sensor. you do have dust on your sensor. at this point you have 3 options. you can do what nikon and canon recomend and blow the dust out with a blower bulb at wich point your head may explode from the frustration of NOT getting the dust of since it clings to it through static charge. the next and most stress free way to do it is to find a local camera shop that will clean it for you (not all will do this for you however). the service is available here in okc for 85 smakaronies. The should use a stero scope to get down there and get every piece of dust off so that your sensor will be back to the original shape absolutely no dust. or you can be brave and make a small investment on ecipse cleaning solution and cleaning swabbs. the solution is streakless after it dries. also get a special set of cleaning brushes that you can swipe across the sensor without scratching the sensor. as i said the method i recomend is paying the mola to have someone else do it as when i tried to clean my sensor i was so nervouse i just did not trust myself to do a good job.
more...
sc09876
08-17 03:17 PM
Hello,
My I-140 got denied based on my Education.
I have 3 yrs + PG Diploma which is equivalent to US Degree according to my education evaluation.
Experience:
- 6 yrs of OUTSIDE USA experience
- 5 yrs of USA experience including 2 yrs of experience with current company.
- I am working as FULL time with an American Company at present
The JOB Description for PERM was:
"Bachelor’s degree in Computer Science plus 5 years experience; 3 year Bachelor’s degree plus 2 year post-graduate diploma in Software Engineering and 5 years
You dont say your category. I am assuming this is EB2 for which such denials are common place these days. Pls update your profile.
Long story short, it is on the education evaluation mapping to the requirements of the PERM position. Bachelors Degree in computer science means a 4 Year under graduate degree in US in the field of computer sciences or its foreign equivalent. USCIS does not equate 3+2 > 4. It may work for H1 petition but definitely not filing a 140 in a EB2 category
That you dont specify what kind of 3 year degree you got is another matter.
You need to consult a good attorney for options assuming that it is your attorney who got you into the trouble in first place by not making sure what is advertised for is what you got.
go to Murthy or Shusterman or Ron. I dont hold brief for any one, but all of these are experienced enough to have handled similar cases. Dont rely on people's suggestions here. I dont mean to demean people who offer suggestions in good faith, but what worked for some one may not work for you.
My I-140 got denied based on my Education.
I have 3 yrs + PG Diploma which is equivalent to US Degree according to my education evaluation.
Experience:
- 6 yrs of OUTSIDE USA experience
- 5 yrs of USA experience including 2 yrs of experience with current company.
- I am working as FULL time with an American Company at present
The JOB Description for PERM was:
"Bachelor’s degree in Computer Science plus 5 years experience; 3 year Bachelor’s degree plus 2 year post-graduate diploma in Software Engineering and 5 years
You dont say your category. I am assuming this is EB2 for which such denials are common place these days. Pls update your profile.
Long story short, it is on the education evaluation mapping to the requirements of the PERM position. Bachelors Degree in computer science means a 4 Year under graduate degree in US in the field of computer sciences or its foreign equivalent. USCIS does not equate 3+2 > 4. It may work for H1 petition but definitely not filing a 140 in a EB2 category
That you dont specify what kind of 3 year degree you got is another matter.
You need to consult a good attorney for options assuming that it is your attorney who got you into the trouble in first place by not making sure what is advertised for is what you got.
go to Murthy or Shusterman or Ron. I dont hold brief for any one, but all of these are experienced enough to have handled similar cases. Dont rely on people's suggestions here. I dont mean to demean people who offer suggestions in good faith, but what worked for some one may not work for you.
2010 Hwang Mi Hee, Lee Ji Woo,
josecuervo
08-12 10:21 PM
To celebrate the success :D
Success of ???
Success of ???
more...
coopheal
11-06 06:57 PM
bump
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vkannan
10-14 11:14 PM
Hi
I'm on h1 and also have an EAD
My current job is on my h1. And I have an EAD, but never used it.
Question: Can I work pat time on my EAD and still retain my h1.
Any pros and cons?
Thanks
Tejal
Dude, this is grey area, One thought is, Once EAD is used for 2nd job fulltime /parttime you lose your H1 status and there is other thought if you stay with your GC sponsoring employer and retain the full-time job you should be fine retaining your H1 status and ofcourse you can use EAD for your P/T job.
And hey this is not it there is one more thought going around, If your last entry is through H1b you still are in H1 status even after using EAD for your 2nd Job.
Fact of the matter, nobody is sure about which thought is correct.
I'm on h1 and also have an EAD
My current job is on my h1. And I have an EAD, but never used it.
Question: Can I work pat time on my EAD and still retain my h1.
Any pros and cons?
Thanks
Tejal
Dude, this is grey area, One thought is, Once EAD is used for 2nd job fulltime /parttime you lose your H1 status and there is other thought if you stay with your GC sponsoring employer and retain the full-time job you should be fine retaining your H1 status and ofcourse you can use EAD for your P/T job.
And hey this is not it there is one more thought going around, If your last entry is through H1b you still are in H1 status even after using EAD for your 2nd Job.
Fact of the matter, nobody is sure about which thought is correct.
more...
mhtanim
06-30 02:04 AM
Your H-1B stays valid for as long as it is approved, even if you enter using AP.
If you enter with AP, you become a parolee (based on the fact that you get an I-94 with parolee status on it). Then you resume your work with the H-1B employer. After few months, for some reason your I-485 gets denied. Do you become out of status since your status was parolee?
If you enter with AP, you become a parolee (based on the fact that you get an I-94 with parolee status on it). Then you resume your work with the H-1B employer. After few months, for some reason your I-485 gets denied. Do you become out of status since your status was parolee?
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gcformeornot
10-06 08:40 PM
Hi,
I have approved H1 through consulate processing for the year 2009 and I am currently working on L1 visa which is going to expire on nov 2009.
My company is not going to extend my visa.Is there any speedy process where I can do COS with my approved H1 and how much will it cost to me?
Another thing I want to ask that Is it advisable for going back India for stamping as I heard that US consulate people are rejecting H1 B visa
Please advise
Thanks...
when you got H1 did you receive new I-94? If yes, then you should have been working with the employer who did your H1 and not L1 employer. If not you should be able to COS to H1 without issues.
I have approved H1 through consulate processing for the year 2009 and I am currently working on L1 visa which is going to expire on nov 2009.
My company is not going to extend my visa.Is there any speedy process where I can do COS with my approved H1 and how much will it cost to me?
Another thing I want to ask that Is it advisable for going back India for stamping as I heard that US consulate people are rejecting H1 B visa
Please advise
Thanks...
when you got H1 did you receive new I-94? If yes, then you should have been working with the employer who did your H1 and not L1 employer. If not you should be able to COS to H1 without issues.
more...
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payur
08-09 01:45 PM
It is your passport number
See his/her post, this is the first post. If you are not sure why confuse others, you can always say that you are not sure, why on earth did you think it was passport number?:eek:
See his/her post, this is the first post. If you are not sure why confuse others, you can always say that you are not sure, why on earth did you think it was passport number?:eek:
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hope4gc
04-26 07:05 AM
I think they were trying to do a 4/12/2012, it might have been a typo, Call them and explain your situation, you may get a extention.
more...
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cdeneo
03-25 09:36 PM
Is delivery confirmation possible for PO Box addresses?
I used Fedex Ground , just a tad more expensive than USPS Priority ( if you add all delivery confirmation etc etc ).
I used Fedex Ground , just a tad more expensive than USPS Priority ( if you add all delivery confirmation etc etc ).
dresses Hwang Mi Hee
garybanz
01-11 11:07 AM
Hi
This is my first post so please bear with me. I have been silent in these forums for some time now. My intention in this post is not to offer any advice etc but its only intended of what I am feeling after the Feb visa bulletin and whether there are other people sharing the same feeling. I have been in this process since 2001. Got screwed by company once (after about two years) and had to change company so started all over again. Luckily new company was good. Though they dont pay for any GC expense lawyer was good and got PD 2004. Last year after seeing VBs had hopes of getting out of this soon. But now Feb VB bulletin has provideed really depressing news. At this stage its very depressing. I am thinking my "living the american dream" will be a dream only. With upcoming elections who knows what will happen. IV seems to be the only hope now.
Dispatched letters today to IV California and President.
Jack
Jack,
Join your local state chapter and get more involved with IV activities. Also there was a post few days back requesting for 10 compelling stories, why don't you give yours?
Thanks,
Gary
This is my first post so please bear with me. I have been silent in these forums for some time now. My intention in this post is not to offer any advice etc but its only intended of what I am feeling after the Feb visa bulletin and whether there are other people sharing the same feeling. I have been in this process since 2001. Got screwed by company once (after about two years) and had to change company so started all over again. Luckily new company was good. Though they dont pay for any GC expense lawyer was good and got PD 2004. Last year after seeing VBs had hopes of getting out of this soon. But now Feb VB bulletin has provideed really depressing news. At this stage its very depressing. I am thinking my "living the american dream" will be a dream only. With upcoming elections who knows what will happen. IV seems to be the only hope now.
Dispatched letters today to IV California and President.
Jack
Jack,
Join your local state chapter and get more involved with IV activities. Also there was a post few days back requesting for 10 compelling stories, why don't you give yours?
Thanks,
Gary
more...
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gcbikari
03-18 11:57 AM
Most of people file taxes jointly and so I am wondering if it becomes an issue for spouse on H4 about false info on income.
If your wife is on H4 she has no income hence she qualifies for free medicaid insurance. provided you fill out the forms the right way.
And there is a seperate Health insurance sponsored by government for kids below 18 years. based on your wife's Medicaid, your child can qualify for that insurance in your state.
You might need to buy insurance for you.
If your wife is on H4 she has no income hence she qualifies for free medicaid insurance. provided you fill out the forms the right way.
And there is a seperate Health insurance sponsored by government for kids below 18 years. based on your wife's Medicaid, your child can qualify for that insurance in your state.
You might need to buy insurance for you.
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karthkc
05-11 02:46 PM
This is a common scenario for some IT folks who were here during the downturn from 2001 through 2005 and is not a big deal in your case.
USCIS may or may not check your entire status history. My gut feel is if they have all your W2's during that period and someone takes a closer look at it and sees a discrepancy (if there is one) in terms of actual income and the minumum income based on your H1B annual salary you should have made for that year, then you may have an issue. However, that is not likely and I have not seen cases along those lines yet. If anyone in this forum have come across such a situation, please post and let us know specifics if you can.
In that extreme case, get a hold of a good lawyer if you dont have one and have them craft an appropriate response to the RFE since it is important that the right policy and regulations information is mentioned in the response letter.
Hope that clears it a bit!
Hi,
Thanks a lot for your reply. I really appreciate it.
Well as you said if I went to India after those 5 months(when I was on bench) than that period of 5 months when I was on bench will be wiped out(it will be gone,clean). It means that USCIS will check my status after my last entry in to US!!
OR they may check everything when ever I was in US including when I was on bench(including my first entry into US to till date i.e. From Feb 2005 - Till date)????
I went to India in Nov 2006 & came back, so in that case my old records would be clean. B'cos I was on bench for 5 months in 2005.
Correct me if I am wrong on this.
Also as you said this will come in case of I-485 & USCIS might overlook this & may send RFE!! Any idea how to respond that kind of RFE??
I will really appreciate your response.
Thanks.
USCIS may or may not check your entire status history. My gut feel is if they have all your W2's during that period and someone takes a closer look at it and sees a discrepancy (if there is one) in terms of actual income and the minumum income based on your H1B annual salary you should have made for that year, then you may have an issue. However, that is not likely and I have not seen cases along those lines yet. If anyone in this forum have come across such a situation, please post and let us know specifics if you can.
In that extreme case, get a hold of a good lawyer if you dont have one and have them craft an appropriate response to the RFE since it is important that the right policy and regulations information is mentioned in the response letter.
Hope that clears it a bit!
Hi,
Thanks a lot for your reply. I really appreciate it.
Well as you said if I went to India after those 5 months(when I was on bench) than that period of 5 months when I was on bench will be wiped out(it will be gone,clean). It means that USCIS will check my status after my last entry in to US!!
OR they may check everything when ever I was in US including when I was on bench(including my first entry into US to till date i.e. From Feb 2005 - Till date)????
I went to India in Nov 2006 & came back, so in that case my old records would be clean. B'cos I was on bench for 5 months in 2005.
Correct me if I am wrong on this.
Also as you said this will come in case of I-485 & USCIS might overlook this & may send RFE!! Any idea how to respond that kind of RFE??
I will really appreciate your response.
Thanks.
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andhrawala
02-12 09:56 AM
Mine also moved from NSC to TSC in July 2009. I applied I-485 from CA and moved to OH in 2008. But still OH and CA falls under NSC.
The reason for the transfer might be my I-140 was filed in TSC.
The reason for the transfer might be my I-140 was filed in TSC.
tdasara
04-16 02:16 PM
Is there a 120 day advance filing period to file for AP?
hijackers
04-27 10:24 AM
Since you got your H1B approved, it is risky to take another chance with lottery. With the approved H1B you can transfer it. In the meantime from this time till October you can get your OPT extended but you have do it within 30 days of receiving your H1 notice. Dont worry, you are not out of status. Look out for a job now.
