swashbuckler
06-17 12:00 AM
Hi,
This is the 6th year of my H1B visa going on and my max out calender date is in June-2011 (including the days spent outside USA). My Green Card application was supposed to file last year but because of economy and job market situation, my Employer did not apply at that time. Now my Employer is going to start GC processing in July/August-2010. But as per the DOL rules, my GC must have been applied before 365 days of max out calender date, to qualify for H1Bb Visa extension beyond 6 years. I have the questions below in this regard:
1. What happens if Labor is pending (not approved) on 6 years completion? My Employer says, in this scenario I have to depart USA for one year till the PERM is pending. What does it mean? Could you please give some more details about this scenario.
2. Would I get qualified for H1B Visa extension if Labor is approved before 6 years completion (i.e by June-2011)?
Kindly consider my situation and answer to my questions. Thank you in advance. I am very much worried and unable to concentrate at work because of the situation.
Regards,
swashbuckler
This is the 6th year of my H1B visa going on and my max out calender date is in June-2011 (including the days spent outside USA). My Green Card application was supposed to file last year but because of economy and job market situation, my Employer did not apply at that time. Now my Employer is going to start GC processing in July/August-2010. But as per the DOL rules, my GC must have been applied before 365 days of max out calender date, to qualify for H1Bb Visa extension beyond 6 years. I have the questions below in this regard:
1. What happens if Labor is pending (not approved) on 6 years completion? My Employer says, in this scenario I have to depart USA for one year till the PERM is pending. What does it mean? Could you please give some more details about this scenario.
2. Would I get qualified for H1B Visa extension if Labor is approved before 6 years completion (i.e by June-2011)?
Kindly consider my situation and answer to my questions. Thank you in advance. I am very much worried and unable to concentrate at work because of the situation.
Regards,
swashbuckler
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anemmani
01-04 01:46 PM
Probably I did not make myself clear .
I don't care about any in-state tution or financial assistance .
My question is, is it possible to even file for COS from H4 to F1 after getting F1 denied in India .
Here is the timeline
Nov 2010 - COS from H4 to F1 approved in US.
Dec 2010 - Went to india for F1 Stamping and it was denied.
Jan 2011 - Came to US on H4 visa .
Now is it possible to apply for COS to F1 again ? . Will the F1 denial in India have any impact on COS to F1 processing ?
nit_sea,
I do not know about the chances of COS to F1 after a previous denial. You will need someone who had a similar experience or an attorney.
Good luck,
Nag
I don't care about any in-state tution or financial assistance .
My question is, is it possible to even file for COS from H4 to F1 after getting F1 denied in India .
Here is the timeline
Nov 2010 - COS from H4 to F1 approved in US.
Dec 2010 - Went to india for F1 Stamping and it was denied.
Jan 2011 - Came to US on H4 visa .
Now is it possible to apply for COS to F1 again ? . Will the F1 denial in India have any impact on COS to F1 processing ?
nit_sea,
I do not know about the chances of COS to F1 after a previous denial. You will need someone who had a similar experience or an attorney.
Good luck,
Nag
Berkeleybee
05-11 09:16 PM
Amit's call starts at 13:00 minute of the program if you want to skip and listen directly to his message.
I'd encourage people to listen to the whole program it is overall good -- Jennifer Ludden also talks about the frustration of waiting and losing one's edge while we wait.
I'd encourage people to listen to the whole program it is overall good -- Jennifer Ludden also talks about the frustration of waiting and losing one's edge while we wait.
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Gravitation
12-17 07:39 PM
My Labor was rotting in BEC, and so I moved to another role, and will now have a PD of 2007 as a new labor will be filed, Rest of the world, EB-3......
Got any predictions?????
Mine are 1 year (if legislation goes through), to 12 years (if it does not.)
I won't be that pessimistic about RoW. I'd say 1-3 years even if nothing passes.
Got any predictions?????
Mine are 1 year (if legislation goes through), to 12 years (if it does not.)
I won't be that pessimistic about RoW. I'd say 1-3 years even if nothing passes.
more...
rajenk
02-08 12:49 AM
Advance Parole. You are not alone. :)
Thanks, I got it. I even looked up on USCIS e-file page. E-file is the way to go...:)
Thanks, I got it. I even looked up on USCIS e-file page. E-file is the way to go...:)
traveldoc
09-10 02:24 PM
Thanks txh1b. But my question is what if they reject the second AP saying that the first one was approved. Any thoughts on this?
more...
macml
01-29 05:44 PM
Sorry, I can't help you out on how to fill out the application. My lawyer did it for me.
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goel_ar
12-21 11:29 AM
Thanks for responding.
Is it even true when H1 was supposed to be effective October Ist? I understand that I got new I-94 on Jun 30,2008 but with effective date of Oct 1, 2008; so I understand that my H1 status will be effective in system on october 1st, not before that?
Anyways, I have an infopass appointment on Tuesday & see how it goes.
It is quite confusing.. I think going to Canada/mexico is risky as I don't have any paystubs on H1, so going to my home country (india) might be the only option.
Does anyone know how long does it take for Change of Status application (i-539) to get approved? The processing date at Vermont Center shows it as "Feb 2008" right now.
Thanks,
AG
Goel_ar,
Your manner of last entry is the status that you are currently on. Thats a fact.
This is most probably what happened in your case. You were first on H-4, then H-1 got approved in June'08. In the H-1 approval notice, did you get an I-94 attached at the bottom. If yes, then your status changed to H-1 automatically. Now, since you got back into the country in Sept'08 on H-4, it changed back to H-4.
Either you have to go to a consulate aboard and get H-1 stamp and enter using H-1 visa. Or apply for change of status within the country. However, whenever you leave the country, you will have to apply for H-1 visa stamp and use it later to enter.
Hope it helps.
Is it even true when H1 was supposed to be effective October Ist? I understand that I got new I-94 on Jun 30,2008 but with effective date of Oct 1, 2008; so I understand that my H1 status will be effective in system on october 1st, not before that?
Anyways, I have an infopass appointment on Tuesday & see how it goes.
It is quite confusing.. I think going to Canada/mexico is risky as I don't have any paystubs on H1, so going to my home country (india) might be the only option.
Does anyone know how long does it take for Change of Status application (i-539) to get approved? The processing date at Vermont Center shows it as "Feb 2008" right now.
Thanks,
AG
Goel_ar,
Your manner of last entry is the status that you are currently on. Thats a fact.
This is most probably what happened in your case. You were first on H-4, then H-1 got approved in June'08. In the H-1 approval notice, did you get an I-94 attached at the bottom. If yes, then your status changed to H-1 automatically. Now, since you got back into the country in Sept'08 on H-4, it changed back to H-4.
Either you have to go to a consulate aboard and get H-1 stamp and enter using H-1 visa. Or apply for change of status within the country. However, whenever you leave the country, you will have to apply for H-1 visa stamp and use it later to enter.
Hope it helps.
more...
sanagani
03-08 02:54 PM
Appreciate your answer,,thank you
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comstar8199
08-25 09:34 PM
You plan on going to wmu? (depending on your age)
Maybe, I may end up going to Umich. Still have one more year to decide...
Maybe, I may end up going to Umich. Still have one more year to decide...
more...
chanukya
04-06 08:31 AM
I think its high time, we step in and say enough of this excessive outsourcing, India has created more than enough jobs in India, ecomomy has grown to a very good level.
There should be a Fair level playing field for everybody, unfortunately not only Americans, the very Indians, who have struggled countless hours and sacrificed so many things and made a mark in US with thier technological hardwork are loosing to this big outsourcing companies.
The very reason of initial H1B people coming to US, for a good standard of living is slowly being lost becuase of this excessive outsourcing.
"As it happens, most of the largest users of the H1-B program are not
American companies but foreign firms that want to move jobs out of the
United States. Seven of the 10 firms that requested the most H1-B visas in
2006 were outsourcing firms based in India, which use the visas to train
workers in the United States before they are rotated home, according to Ron
Hira, an engineer who teaches public policy at the Rochester Institute of
Technology. Indian outsourcing firms Wipro and Infosys were the two top
requestors of H1-B visas."
There should be a Fair level playing field for everybody, unfortunately not only Americans, the very Indians, who have struggled countless hours and sacrificed so many things and made a mark in US with thier technological hardwork are loosing to this big outsourcing companies.
The very reason of initial H1B people coming to US, for a good standard of living is slowly being lost becuase of this excessive outsourcing.
"As it happens, most of the largest users of the H1-B program are not
American companies but foreign firms that want to move jobs out of the
United States. Seven of the 10 firms that requested the most H1-B visas in
2006 were outsourcing firms based in India, which use the visas to train
workers in the United States before they are rotated home, according to Ron
Hira, an engineer who teaches public policy at the Rochester Institute of
Technology. Indian outsourcing firms Wipro and Infosys were the two top
requestors of H1-B visas."
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reverendflash
10-21 02:18 AM
real quick...
Grateful Dead... :sleep: :sleep: :sleep:
another thread maybe...:cool:
Rev:elderly:
Grateful Dead... :sleep: :sleep: :sleep:
another thread maybe...:cool:
Rev:elderly:
more...
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waitnwatch
12-12 03:18 PM
I have personal experience with this correction. I entered through LA and they marked my wife's I-94 card with the date of expiry of passport. Apparently they should be marking it till the end of the I-797 expiry. Anyway I went to Denver Airport and got a fresh I-94. Those guys were helpful. Only thing is they tried to tell me that the I-94 date didn't matter as I had I-797 till a future date. I kind of persisted politely and they changed it so that I had "peace of mind". Anyway it is always better to get inconsistencies corrected earlier than later. You never know!
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WeShallOvercome
07-23 06:03 PM
Another issue that I think people like me mght face is if we are already in our 7th year H1B. If we want to invoke AC21 without having EAD in hand, we have to apply for H1 transfer. Now if our employer does not gove I-485 RN or I-140 approval notice, how can we apply for H1B extension?
I think that is their strategy,
don't give I-485 RN, don't give I-140 Approval notice, Don't let them apply EAD/AP.........Is there any way out of this if we want to invoke Ac21 in this case?
I think that is their strategy,
don't give I-485 RN, don't give I-140 Approval notice, Don't let them apply EAD/AP.........Is there any way out of this if we want to invoke Ac21 in this case?
more...
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indyanguy
08-03 12:05 PM
I've been waiting for 400+ days for my NSC-EB3-140 to get processed. Really frustrating!! :mad:
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saiimmi
07-16 07:09 PM
Please see links below:
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
:cool:
When will the next month dates come out ???
GCKabhayega!
What is the utility of your thread? You are posting this one month too late. I really do not want to give a red dot but request you to not dilute the purpose of IV forums by posting grossly useless messages.
Thanks,
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
:cool:
When will the next month dates come out ???
GCKabhayega!
What is the utility of your thread? You are posting this one month too late. I really do not want to give a red dot but request you to not dilute the purpose of IV forums by posting grossly useless messages.
Thanks,
more...
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godbless
07-18 09:08 PM
Thanks for great services..
My situation is as under : " My case is in removal proceedings for violating H1b status for 3 months due to laid off situation, i am working on H1b now and my labor is approved and I-140 is pending, now my priority date is become current for I-485 filing", now who will adjudicate my case, INS or EOIR court, where will i file my I-485.
will court close my removal proceedings based on PD current..
i will really really apprecate your help.
As yours is a really serious matter. You should take the advice of some attorney in fact as time available to know about the whole thing and then applying for I 485, in case, is very less.
My situation is as under : " My case is in removal proceedings for violating H1b status for 3 months due to laid off situation, i am working on H1b now and my labor is approved and I-140 is pending, now my priority date is become current for I-485 filing", now who will adjudicate my case, INS or EOIR court, where will i file my I-485.
will court close my removal proceedings based on PD current..
i will really really apprecate your help.
As yours is a really serious matter. You should take the advice of some attorney in fact as time available to know about the whole thing and then applying for I 485, in case, is very less.
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franklin
07-11 07:31 PM
Thanks everyone for your offers to help. The more volunteers the better, since it will decrease the number of phone calls for each person to make.
Please remember to send contact info (email address) to either gsc999 or myself
Please remember to send contact info (email address) to either gsc999 or myself
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swamy
11-27 04:08 PM
The moment one loses a job - technically the H1 status is lost. You can continue to stay here and look for a job under the Attorney General's authorization (AoS pending i.e) but USCIS is apparently counting it against the 180 days out of status that one can be for 245(k) purposes. So, as someone already said, if your approved 140 isn't revoked within 180 days and your 485 isn't adjudicated as well, you are ok. You may want to find a job soon though so you don't have trouble transferring your H1 or you may have to begin using your EAD and AP for travel etc
vijse
12-19 08:42 PM
For the sake of others who may search this forum in future, could you tell how you got it corrected? Thanks!
I went to a CPB defferred inspection site which was the one closest to where I live ,with my pasasport ,I-94 and my H1 petition . So the officer clearly saw it was an error and gave me a new I-94 .
I went to a CPB defferred inspection site which was the one closest to where I live ,with my pasasport ,I-94 and my H1 petition . So the officer clearly saw it was an error and gave me a new I-94 .
amulchandra
05-10 01:22 PM
Hi all,
I have been trying to get an appointment from Hyderabad consulate, AP, India for the past two days on 27th or 28th of May 2009.
When I check the availability, the website shows that 27 thru 29th of May are available for appointments. But after I create and save the application it doesn't take me to the page where I can select the appointment dates. We sent an email to VFS customer support but till now we did not receive any reply.We are two H1bs(myself and my husband) and two H4s(kids).
Did anyone get an appointment successfully ?
The entire process of H1b revalidation itself is a tormenting procedure. On the top of it VFS website is really annoying.Sorry for venting my frustration.
Can anyone please help me out and guide me through the process.
Thanks in advance
Amul
I have been trying to get an appointment from Hyderabad consulate, AP, India for the past two days on 27th or 28th of May 2009.
When I check the availability, the website shows that 27 thru 29th of May are available for appointments. But after I create and save the application it doesn't take me to the page where I can select the appointment dates. We sent an email to VFS customer support but till now we did not receive any reply.We are two H1bs(myself and my husband) and two H4s(kids).
Did anyone get an appointment successfully ?
The entire process of H1b revalidation itself is a tormenting procedure. On the top of it VFS website is really annoying.Sorry for venting my frustration.
Can anyone please help me out and guide me through the process.
Thanks in advance
Amul
