optimizer
03-22 11:42 AM
Short version: If GC is applied and it is close to 300 days only (and not mandatory 365), is it possible to get further H1B extensions after reaching maximum limit? If so, how?
I am in a unique situation. Here's my long story.
I have been on H1B since I landed in USA. My current H1B expires on 04/15/2012.
That would be close to 12 years on H1B. I know, very long.
After my first 6 years on H1B, I received further extensions based on my pending Green card application and approved I-140.
My most recent/current H1B extension was received with a different company, and I would like to stick with this one for a long time. The 3-year extension received in April 2009 was based on previous I-140.
The problem is, due to certain circumstances which are beyond my control, there is a possibility that the previous GC application and I-140 could be revoked. And this revocation could happen very soon.
Considering that I can get my further H1B extensions only with my current company's new green card application, I have very limited time now. Assuming the process gets completed only in the next 60-90 days, I will have only 300 days before my H1B expires.
I understand that to get H1B extension after maximum limit of 6 years ( in my case longer), the applied GC application should be older than 365 days.
Is there a legal way to extend my H1B next year under these circumstances? If so how?
Thanks in advance
I am in a unique situation. Here's my long story.
I have been on H1B since I landed in USA. My current H1B expires on 04/15/2012.
That would be close to 12 years on H1B. I know, very long.
After my first 6 years on H1B, I received further extensions based on my pending Green card application and approved I-140.
My most recent/current H1B extension was received with a different company, and I would like to stick with this one for a long time. The 3-year extension received in April 2009 was based on previous I-140.
The problem is, due to certain circumstances which are beyond my control, there is a possibility that the previous GC application and I-140 could be revoked. And this revocation could happen very soon.
Considering that I can get my further H1B extensions only with my current company's new green card application, I have very limited time now. Assuming the process gets completed only in the next 60-90 days, I will have only 300 days before my H1B expires.
I understand that to get H1B extension after maximum limit of 6 years ( in my case longer), the applied GC application should be older than 365 days.
Is there a legal way to extend my H1B next year under these circumstances? If so how?
Thanks in advance
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prasadn
06-30 12:06 PM
Hi Friends,
I am a green card holder, becoming eligible for citizenship in April 2009. My fianc�e has been in the US for the past 2 plus years on F1. She completes her MS in December this year .We plan to visit our home country in August this year and get married. I thought this was a relatively uncomplicated case till I read in some forum recently that marriage to a permanent resident can be a barrier to being admitted to the U.S. in F-1 status. This is because such a marriage obliterates the "non-immigrant" intent required for F-1 entrants. This could very easily jeopardize her plan to re-enter in F-1 status.
Any thoughts or advice on this? Appreciate all the help.
Thanks a lot.
It is better to register you marriage here in the US, appy for your spouse Adjustment of status and travel on AP to your home country to get married. The other choice is to wait till you become a citizen and then get married.
I am a green card holder, becoming eligible for citizenship in April 2009. My fianc�e has been in the US for the past 2 plus years on F1. She completes her MS in December this year .We plan to visit our home country in August this year and get married. I thought this was a relatively uncomplicated case till I read in some forum recently that marriage to a permanent resident can be a barrier to being admitted to the U.S. in F-1 status. This is because such a marriage obliterates the "non-immigrant" intent required for F-1 entrants. This could very easily jeopardize her plan to re-enter in F-1 status.
Any thoughts or advice on this? Appreciate all the help.
Thanks a lot.
It is better to register you marriage here in the US, appy for your spouse Adjustment of status and travel on AP to your home country to get married. The other choice is to wait till you become a citizen and then get married.
gc28262
03-15 11:26 PM
Please see the link.
http://immigrationvoice.org/forum/blog.php?b=39
The new job has to be same or similar irrespective of whether you transfer on EAD or H1.
http://immigrationvoice.org/forum/blog.php?b=39
The new job has to be same or similar irrespective of whether you transfer on EAD or H1.
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humsuplou
07-02 05:40 PM
Tnks for the quick response. a couple more questions :D
1) Eligibility Status?
2)Please provide information concerning your eligibility status.
Do I need to put anything in there? Or I can just leave it blank?
1) Eligibility Status?
2)Please provide information concerning your eligibility status.
Do I need to put anything in there? Or I can just leave it blank?
more...
like_watching_paint_dry
01-06 07:03 PM
Like many others we have been waiting for our AOS application to be approved for over 2 years. But the strange thing is, I did get an EAD approved but they never called me in for fingerprinting and Biometrics. I know I had to do the non-immigration "registration" that was initiated a few years ago and they had taken my fingerprints and biometrics, is that why they didn't call me in again? since they already have it?
I had to get the fingerprints and retinal scan the last time I went out of the country and had to get the visa stamping done. But I don't think it was termed as non-immigrant "registration".
Are you stuck in FBI name check? You can call CIS and check the status.
I had to get the fingerprints and retinal scan the last time I went out of the country and had to get the visa stamping done. But I don't think it was termed as non-immigrant "registration".
Are you stuck in FBI name check? You can call CIS and check the status.
Widget
09-21 04:04 PM
It should not. Go to the any INS office after you arrange for an appointment on line and ask tehm to replace your I-94 and to write the correct name.
Your case has been approved and tehre is nothing to do other than the above. My son been thru teh same process and when he applied for the visa abroad nobody asked him him at all about the error.
relax.
I recently changed my job, after getting a receipt from new employer. But I noticed that the attorney has done a typo in my middle name. she added 1 extra letter in the middle. can anyone please let me know if this would create any problem for me getting the H1B transfer approval and what is the way to correct it? Since I have already left my old job, I am kind of worried. Please reply back if anyone has come accross or aware of such case.
Thanks.
Your case has been approved and tehre is nothing to do other than the above. My son been thru teh same process and when he applied for the visa abroad nobody asked him him at all about the error.
relax.
I recently changed my job, after getting a receipt from new employer. But I noticed that the attorney has done a typo in my middle name. she added 1 extra letter in the middle. can anyone please let me know if this would create any problem for me getting the H1B transfer approval and what is the way to correct it? Since I have already left my old job, I am kind of worried. Please reply back if anyone has come accross or aware of such case.
Thanks.
more...
anilkumar0902
12-25 09:26 AM
You are safe. Once you have reached I-485 stage, it is all about you and not your employer. You mentioned that you already changed to a new employer. Technically, your old employer should've revoked your old I-140 after your move. Since, you moved to a new employer you are indicating that your new employer also has a new job that matches your initial Labor application. You have nothing to worry about your old employer closing down.
Enjoy your EAD/AP and hope you get your GC soon.
Cheers
Enjoy your EAD/AP and hope you get your GC soon.
Cheers
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alterego
10-15 10:39 PM
I would wait it out if I were you. Why the risk at this stage?
Risk/Benefit analysis is not in favour of anything but staying put if you ask me.
What if in the 8-9 months it will take to get to this stage, the EB3 date skips forward, worse yet what if they take a hard stand on conversion cases due to the number they are seeing and you get denied.
It all depends of course on your personal circumstances, but I can't see the logic in it.
Risk/Benefit analysis is not in favour of anything but staying put if you ask me.
What if in the 8-9 months it will take to get to this stage, the EB3 date skips forward, worse yet what if they take a hard stand on conversion cases due to the number they are seeing and you get denied.
It all depends of course on your personal circumstances, but I can't see the logic in it.
more...
ras
05-24 12:27 PM
Thank you very much for catching this....
Dont you think this is foolish on your side..
Dont you think this is foolish on your side..
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arnet
11-02 12:33 PM
if you need attroney, i can suggest few like rajivkhanna at immigration.com, sheila murthy at murthys.com, sonal mehta at nankin.com/mehtaverma.html, shusterman at shusterman.com. if they are out of state people, you can do teleconference.
if you have any legal advise questions, you can post your question to the attroney sonal mehta vema who gives free legal counsel in IV forum, check the following threads to know how to post a question:
http://immigrationvoice.org/forum/showthread.php?t=1267
Disclaimer: use it at your risk. I'm not an immigration attroney, consult one for your situations as laws/procedures are changing often.
I am in NYC. My wife's attorney Stephen Perlitsh, is just too busy to give us some career guidance and cancels our appointments in last moment. I have no problem paying a good fee if I can get a real good prefessional advice, it is very essential for us in this retrogressed scenerio.
R u specilising in Residencies and fellowships etcc?? I will PM u though.
Thanks
if you have any legal advise questions, you can post your question to the attroney sonal mehta vema who gives free legal counsel in IV forum, check the following threads to know how to post a question:
http://immigrationvoice.org/forum/showthread.php?t=1267
Disclaimer: use it at your risk. I'm not an immigration attroney, consult one for your situations as laws/procedures are changing often.
I am in NYC. My wife's attorney Stephen Perlitsh, is just too busy to give us some career guidance and cancels our appointments in last moment. I have no problem paying a good fee if I can get a real good prefessional advice, it is very essential for us in this retrogressed scenerio.
R u specilising in Residencies and fellowships etcc?? I will PM u though.
Thanks
more...
rajaa100
06-18 04:43 PM
Hi,
I have a question. I have H1B valid till 2012 under company A and I am working for company A now. Company B is offering me part time employment and they transferred existing H1B transfer. Now I have two H1Bs after transfer, literally. Am I correct? Now I am eligible to work for both the companies. Am I correct?
I have a question. I have H1B valid till 2012 under company A and I am working for company A now. Company B is offering me part time employment and they transferred existing H1B transfer. Now I have two H1Bs after transfer, literally. Am I correct? Now I am eligible to work for both the companies. Am I correct?
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Ramba
08-19 04:17 PM
Is it possible to convert or interfile an existing EB based I-485 application to FB based I-485?
I have pending I-485 through an approved I-140 (EB). PD is not current. I recently got married and my spouse is a US Citizen. We are considering pursueing FB application. Reading through the forums I gather that my spouse has to file I-130 and I file for I-485. My question is regarding I-485.
If I have to file for a new I-485, what happens to the existing one? Do I have to get new medical exam? Can I use existing AP, EAD or can I use EAD/AP that I currently have from my EB based application?
If an interfiling is possible, when should this be done - concurrently along with I-130 filing or we have to wait till I-130 is approved? Also what is the procedure for "interfiling"?
Which option is better?
I think you need not file any new 485 based on the approval of I-130. Once the I-130 is approved, you need to notify the USCIS (where your 485 is pending) that your new I-130 will be the underlying approved immigration petition for the pending 485. Perhaps, some lawyers may answer for the exact procedure to do that.
I have pending I-485 through an approved I-140 (EB). PD is not current. I recently got married and my spouse is a US Citizen. We are considering pursueing FB application. Reading through the forums I gather that my spouse has to file I-130 and I file for I-485. My question is regarding I-485.
If I have to file for a new I-485, what happens to the existing one? Do I have to get new medical exam? Can I use existing AP, EAD or can I use EAD/AP that I currently have from my EB based application?
If an interfiling is possible, when should this be done - concurrently along with I-130 filing or we have to wait till I-130 is approved? Also what is the procedure for "interfiling"?
Which option is better?
I think you need not file any new 485 based on the approval of I-130. Once the I-130 is approved, you need to notify the USCIS (where your 485 is pending) that your new I-130 will be the underlying approved immigration petition for the pending 485. Perhaps, some lawyers may answer for the exact procedure to do that.
more...
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Springflower
04-15 04:01 PM
Enjoy the freedom and fexibility GC provides!
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rameshraju11
06-05 04:08 PM
Hi,
My current Attorney could not inform my employer for H1B RFE. H1B RFE supposed to be submited by May 25th. however Attorney only informed today about the RFE. Employer needs a week to submit RFE. can we submit RFE after RFE submission date ?
Thanks
My current Attorney could not inform my employer for H1B RFE. H1B RFE supposed to be submited by May 25th. however Attorney only informed today about the RFE. Employer needs a week to submit RFE. can we submit RFE after RFE submission date ?
Thanks
more...
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gc_chahiye
06-28 03:17 AM
even if he goes back to A, these intervening 3 months might be dicey. His status cant be on B's H1 since that was denied, and it cant be on A's H1 since A is not paying him in these three months.
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ganguteli
04-07 09:48 AM
Hi,
I have 2 lawyers to select from. Both are good. One of them is the lawyer company (his office locate in the same city) which is the most expensive. The other lawyer is really good and his expenses is pretty good.
My question is that: Is it better to stuck with the company lawyer as he can handle the perm better. That may because he knows well where to advertise? Or it does not matter? I am just worried that the lawyer that live in another state will not know very well about the city and where he should advertise.
As anyone think, I also want to make sure that he does not over advertise such that we may get many applicants?
Please advise me if I should stuck with the company lawyer or it does not matter?
Thanks
Your lawyer cannot advertise. It is illegal. Your employer has to advertise. The lawyer works with your employer in the Perm process and your employer selects the candidate. So you do not control anything in the PERM process. Also, your employer needs to pay for Perm process and not you.
I have 2 lawyers to select from. Both are good. One of them is the lawyer company (his office locate in the same city) which is the most expensive. The other lawyer is really good and his expenses is pretty good.
My question is that: Is it better to stuck with the company lawyer as he can handle the perm better. That may because he knows well where to advertise? Or it does not matter? I am just worried that the lawyer that live in another state will not know very well about the city and where he should advertise.
As anyone think, I also want to make sure that he does not over advertise such that we may get many applicants?
Please advise me if I should stuck with the company lawyer or it does not matter?
Thanks
Your lawyer cannot advertise. It is illegal. Your employer has to advertise. The lawyer works with your employer in the Perm process and your employer selects the candidate. So you do not control anything in the PERM process. Also, your employer needs to pay for Perm process and not you.
more...
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eilsoe
10-20 03:01 PM
vts: It's that simple yes! :) I just made 2 cameras and placed them just like two eyes, then rendered each camera view...
Really simple... :)
Really simple... :)
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aadimanav
10-19 01:27 PM
H1, H4 (spouse) and H4 (kid) living happily.
File 485 and gets EAD/AP.
H1 doesn't use EAD.
H4 uses EAD and hence looses H4 status.
I-485 is denied.
Now, my understanding is that spouse has to go out of country and come back again on H4.
What about the kid?
When does the kid loose his/her H4 status? (When both mother and father use EAD)?
File 485 and gets EAD/AP.
H1 doesn't use EAD.
H4 uses EAD and hence looses H4 status.
I-485 is denied.
Now, my understanding is that spouse has to go out of country and come back again on H4.
What about the kid?
When does the kid loose his/her H4 status? (When both mother and father use EAD)?
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redgreen
11-03 05:30 PM
You can walk-in and get FP done without any problems. I did it 2 weeks before the specified date (at another location) when I went there to the Boston office to accompany another person. Just showed the FP notice (for a different location) and they didn't ask anything.
weilai
06-28 01:03 AM
A friend's H1B transfer from company A to company B was denied. Since his H1B with company A is still valid and is going to expire in 3 months, he can still go back to work for company A. However, if he chooses not to work for company A and tries to find a third employer to do another transfer, is he considered out of status for these three months?
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05-20 10:56 AM
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