desi3933
09-19 12:55 PM
Hi All,
Please help me on this. Here is the situation:
1. Company A First time H1B - Oct 1, 2004
2. Company B transfer - Jan 22, 2006
3. My current visa is expiring on Jan 22, 2009, but after Jan 22, 2009, I still have till Oct 1, 2010 to complete my 6 years of H1B.
4. Now, my wife who is on H-4 is currently in India on vacation, since she is not in US, her H-4 extension cannot be filed.
My question is, can I file my H-1 extension and go to India and get both of our visas stamped based on my extension? Or does my wife need to come back on her currently valid visa and file for her own H-4 extension?
Please advise and pardon me for my ignorance on this.
Thanks in advance,
DSP
>> can I file my H-1 extension and go to India and get both of our visas stamped based on my extension?
Yes. She can get H4 visa stamp based on your H1 extension approval notice.
*** Not a legal advise ***
Please help me on this. Here is the situation:
1. Company A First time H1B - Oct 1, 2004
2. Company B transfer - Jan 22, 2006
3. My current visa is expiring on Jan 22, 2009, but after Jan 22, 2009, I still have till Oct 1, 2010 to complete my 6 years of H1B.
4. Now, my wife who is on H-4 is currently in India on vacation, since she is not in US, her H-4 extension cannot be filed.
My question is, can I file my H-1 extension and go to India and get both of our visas stamped based on my extension? Or does my wife need to come back on her currently valid visa and file for her own H-4 extension?
Please advise and pardon me for my ignorance on this.
Thanks in advance,
DSP
>> can I file my H-1 extension and go to India and get both of our visas stamped based on my extension?
Yes. She can get H4 visa stamp based on your H1 extension approval notice.
*** Not a legal advise ***
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deeru
04-02 01:11 PM
thank you
INDIAUSGC
06-12 01:52 PM
Gurus..
My labor has been pending from Jan 03. I am having a combined Bachelor's degree which was not mentioned in the Form 750A[mentioned as Bachelors] I came to know that couple of days back after my attorney informed me that she had sent a amendment latter to change my status two months back after waiting for 3 long years to add "combination of Bachelor's degree".
Should I be really worried at this stage and did any body had this problem or did you amend the 750A form from PBEC.
Guru�s please giving your advice.
Indian-US-GC.
My labor has been pending from Jan 03. I am having a combined Bachelor's degree which was not mentioned in the Form 750A[mentioned as Bachelors] I came to know that couple of days back after my attorney informed me that she had sent a amendment latter to change my status two months back after waiting for 3 long years to add "combination of Bachelor's degree".
Should I be really worried at this stage and did any body had this problem or did you amend the 750A form from PBEC.
Guru�s please giving your advice.
Indian-US-GC.
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sledge_hammer
08-07 02:50 PM
http://news.bbc.co.uk/2/hi/entertainment/6934653.stm
Pop star Lily Allen has had her US work visa cancelled after arriving at Los Angeles International Airport.
The 22-year-old, who is due to tour America in September, had flown in for the MTV Video Music Awards launch.
A spokesman for the singer said: "She's still in America. All her commitments will carry on as normal. The work visa will be sorted out by her next visit."
She was held at the airport for five hours in connection with an arrest for an alleged assault in London in June.
The arrest arose from an incident outside a London nightclub in March and resulted in a caution for common assault.
She flew into the US from Australia on Sunday to attend Tuesday's announcement of the award nominations in Las Vegas.
An MTV spokesperson has confirmed the star will still attend the awards show.
"Lily was questioned and her work visa was revoked," Allen's spokesman said. "She was detained for five hours but not strip searched. Understandably she was upset by it."
Allen will need a new work visa before she returns to the US on 6 September, when she is due to play in San Diego.
In a statement the singer said: "I am trying everything I can to sort this out.
"It is my intention to play my American dates in September. This depends on the authorities granting me a new work visa.
"I want my fans to know that I will do everything I can to be back in America in September. I don't like letting my fans down and this is a situation that I am sure we can sort."
Allen's previous stay in the US was cut short when she postponed 20 dates from her tour in May and June because she was "bored slightly" and wanted to get back to work in the studio.
Pop star Lily Allen has had her US work visa cancelled after arriving at Los Angeles International Airport.
The 22-year-old, who is due to tour America in September, had flown in for the MTV Video Music Awards launch.
A spokesman for the singer said: "She's still in America. All her commitments will carry on as normal. The work visa will be sorted out by her next visit."
She was held at the airport for five hours in connection with an arrest for an alleged assault in London in June.
The arrest arose from an incident outside a London nightclub in March and resulted in a caution for common assault.
She flew into the US from Australia on Sunday to attend Tuesday's announcement of the award nominations in Las Vegas.
An MTV spokesperson has confirmed the star will still attend the awards show.
"Lily was questioned and her work visa was revoked," Allen's spokesman said. "She was detained for five hours but not strip searched. Understandably she was upset by it."
Allen will need a new work visa before she returns to the US on 6 September, when she is due to play in San Diego.
In a statement the singer said: "I am trying everything I can to sort this out.
"It is my intention to play my American dates in September. This depends on the authorities granting me a new work visa.
"I want my fans to know that I will do everything I can to be back in America in September. I don't like letting my fans down and this is a situation that I am sure we can sort."
Allen's previous stay in the US was cut short when she postponed 20 dates from her tour in May and June because she was "bored slightly" and wanted to get back to work in the studio.
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chanduv23
09-12 02:42 PM
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cinqsit
06-24 07:36 PM
You can extend apply for AP (Advance Parole) ;-) at anytime provided you have your 485 pending so there should be no "risks"
only risk i see is that what if you have to travel and for some reason your H1 stamping gets delayed (if you have a AP you will be safe there)
Also their processing times keep on fluctuating - what if you later down the road are
in need of AP apply for one and then dont get it approved by the time you want to travel
Personally I prefer to just keep things simple and apply for AP renewals even though
I wont use them - just so that there is no "divergence" from the norm
Just so when USCIS officer is processing your case they wont have to think or
issue query to get clarification etc etc
cinqsit
only risk i see is that what if you have to travel and for some reason your H1 stamping gets delayed (if you have a AP you will be safe there)
Also their processing times keep on fluctuating - what if you later down the road are
in need of AP apply for one and then dont get it approved by the time you want to travel
Personally I prefer to just keep things simple and apply for AP renewals even though
I wont use them - just so that there is no "divergence" from the norm
Just so when USCIS officer is processing your case they wont have to think or
issue query to get clarification etc etc
cinqsit
more...
zCool
04-02 01:47 PM
Nothing written in stone but from anecdotal evidence.. NO
They process 485s according to RD.
Approval only comes after PD is current though
They process 485s according to RD.
Approval only comes after PD is current though
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nomorelogins
04-21 10:46 AM
are you getting paid more or lesser than in LC?
are you getting paid as per your H1 labor?
are you working in the same position as your LC is for?
are you getting paid as per your H1 labor?
are you working in the same position as your LC is for?
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SlowRoasted
04-24 10:33 PM
nice, i like the green one best
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rayoflight
02-02 04:41 PM
Hi,
Couple of things he need to check.
1) Annotation on the visa i.e the name of the company sponsoring the visa or its blank.
2) Is it B1, B2 or B1/B2
B1 is for business where as B2 is for Visiting. B1/B2 allows both.
Cheers,
Rayoflight
P.S Please contact an attorney for legal opinion as I am just sharing the knowledge what I read online.
Couple of things he need to check.
1) Annotation on the visa i.e the name of the company sponsoring the visa or its blank.
2) Is it B1, B2 or B1/B2
B1 is for business where as B2 is for Visiting. B1/B2 allows both.
Cheers,
Rayoflight
P.S Please contact an attorney for legal opinion as I am just sharing the knowledge what I read online.
more...
radhay
08-12 01:54 PM
clif, I wouldn't worry too much regarding the interview. Just take the latest paystubs, Employment letter from your new employer and all the evidence that you have to prove that you have been legally maintaining status in the country. Since you have already submitted medical exam results you don't need to take them with you.
They usually just send a standard letter without checking any items in the list.
They usually just send a standard letter without checking any items in the list.
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martinvisalaw
11-05 08:17 PM
I moved to a new company and yet to receive my I-797 approved from INS. My old company visa is valid till May 2010. If they have not revoked it can i still travel out of country and come back?
You should not return showing just the old visa and approval notice for Company A. That would be misrepresenting to CBP that you were still working for Co. A. You need to show the receipt for Co. B's filing to show that you are working for them using portability (I assume you are)
You should not return showing just the old visa and approval notice for Company A. That would be misrepresenting to CBP that you were still working for Co. A. You need to show the receipt for Co. B's filing to show that you are working for them using portability (I assume you are)
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Blog Feeds
12-14 11:30 PM
Client just called and asked for a change of status from B2 visitor to F1 student. I said, great we can help, but when does your status expire. He said, no worries I am good for 10 years!!! Been here for 4 only.
I said: No you are not, the I-94 (little white card in the passport) is what controls your status, this only good for 6 months max. I heard a loud sound of falling and silence. For those who are in the U.S. temporarily as nonimmigrants, the most important date to track is perhaps the expiration date of their I-94 arrival / departure cards. The I-94 is a small card that is usually stapled into one's passport. It is obtained in one of two ways. It can be issued by a Customs and Border Protection (CBP) officer at the port of entry upon arrival in the United States. It can also be issued by the U.S. Citizenship and Immigration Services (USCIS) when one is granted an extension or change of nonimmigrant status from within the United States.
The I-94 card reflects how long one is permitted to stay in the United States, provided s/he complies with the terms of her/his status. Occasionally, the CBP or USCIS will issue an I-94 card with an erroneous date (either issuing an approval for a longer period than is permitted by law or granting an individual less time than appropriate.) In either case, one should immediately obtain competent legal advice on the proper steps to correct the error.
One should never rely upon an erroneous grant of more time in a nonimmigrant category than was requested or than one is eligible to receive. So if you are pending change of status for 2 years, it does not mean that you are legal for 2 years.
It is important to remember that the expiration date on a visa stamp in the passport and the expiration date on the I-94 card are often not the same. The visa is an entry document, only. The time that one is actually allowed to remain in the United States after an entry could be much shorter or longer than the duration of the visa.
The appropriate amount of time is determined by the CBP at the port of entry. This is based on applicable law as well as the CBP's discretion.
More... (http://www.visalawyerblog.com/2010/12/i94_card_what_is_it_and_what_i.html)
I said: No you are not, the I-94 (little white card in the passport) is what controls your status, this only good for 6 months max. I heard a loud sound of falling and silence. For those who are in the U.S. temporarily as nonimmigrants, the most important date to track is perhaps the expiration date of their I-94 arrival / departure cards. The I-94 is a small card that is usually stapled into one's passport. It is obtained in one of two ways. It can be issued by a Customs and Border Protection (CBP) officer at the port of entry upon arrival in the United States. It can also be issued by the U.S. Citizenship and Immigration Services (USCIS) when one is granted an extension or change of nonimmigrant status from within the United States.
The I-94 card reflects how long one is permitted to stay in the United States, provided s/he complies with the terms of her/his status. Occasionally, the CBP or USCIS will issue an I-94 card with an erroneous date (either issuing an approval for a longer period than is permitted by law or granting an individual less time than appropriate.) In either case, one should immediately obtain competent legal advice on the proper steps to correct the error.
One should never rely upon an erroneous grant of more time in a nonimmigrant category than was requested or than one is eligible to receive. So if you are pending change of status for 2 years, it does not mean that you are legal for 2 years.
It is important to remember that the expiration date on a visa stamp in the passport and the expiration date on the I-94 card are often not the same. The visa is an entry document, only. The time that one is actually allowed to remain in the United States after an entry could be much shorter or longer than the duration of the visa.
The appropriate amount of time is determined by the CBP at the port of entry. This is based on applicable law as well as the CBP's discretion.
More... (http://www.visalawyerblog.com/2010/12/i94_card_what_is_it_and_what_i.html)
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Canadian_Dream
06-22 08:17 PM
I am in the exact same situation. I have already filed I-140/I-485 concurrently with the substituted labor. Now the dates are current I am filling another I-485 with my approved I-140. There is nothing wrong in what we are doing, as long we explain about the earlier filling and clarify the motive of the second filling. Eventually we should withdraw one of the two based on the outcome of substituted labor/I-140.
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gchopes
12-15 09:08 AM
Does this suggest that - All folks who entered on advance parole (and got 1 yr stamp on their I-94) but stayed beyond that duration because of a valid H1B / EAD are out of status?
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eilsoe
09-30 10:43 AM
Heck no... it's there for a reason...
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jliechty
June 5th, 2005, 09:04 PM
Good job for your first time. That's much better than I did when I was getting started. :o
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Of all of your images, my two favorites are these:
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http://www.dphoto.us/forumphotos/data/1428/MG_0257_copy.jpg
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werc
12-09 08:57 PM
Congratulations on your marriage.
Depending on where your would be spouse is ,there are two methods.
1. If she is outside the country , you would have to get her H-4 at the nearest consulate.
2. If she is in the country , and assuming you want to change her status to H4 , you can do it by filing the change of status form with USCIS.
Either way I do not think you would be requiring a lawyer. It is pretty straight forward. All the required instructions are on the form.
Depending on where your would be spouse is ,there are two methods.
1. If she is outside the country , you would have to get her H-4 at the nearest consulate.
2. If she is in the country , and assuming you want to change her status to H4 , you can do it by filing the change of status form with USCIS.
Either way I do not think you would be requiring a lawyer. It is pretty straight forward. All the required instructions are on the form.
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baldev.thakur
05-18 04:50 PM
My Green Card is stuck at EB2 Stage but all this time I forgot that I have potential for a British Citizenship based on my birth place and Father being a Britisher.
Now can I reapply as a Brit - all over again hoping to get past the long queue. I am not interested in gaming - dont get me wrong - I had been in UK for some 5-6years working and am easily eligible for to get UK Citizenship that I did not explore. Now can I change the situation ?
Now can I reapply as a Brit - all over again hoping to get past the long queue. I am not interested in gaming - dont get me wrong - I had been in UK for some 5-6years working and am easily eligible for to get UK Citizenship that I did not explore. Now can I change the situation ?
alien2006
07-14 01:25 PM
I thought that the ideal time would be before applying for I485, and thus the dependant spouse would automatically get a gc with which ever spouse got the gc first. So I would think that both applying and getting married before either I485 is submitted, and who ever gets gc first their dependant spouse gets it too.
If the I485 is already filed I don't know if it can be amended.
I'm no attorney so you need to throughly research this.
This is true if you are applyinf through employer based. But our guy is applying through family based and he marrying before getting his GC could push him to the next category and a wait of several years.
If the I485 is already filed I don't know if it can be amended.
I'm no attorney so you need to throughly research this.
This is true if you are applyinf through employer based. But our guy is applying through family based and he marrying before getting his GC could push him to the next category and a wait of several years.
sweet_jungle
09-30 12:42 PM
I don't think that's possible. USCIS wants a physical address where you stay and will not deliver mail to PO box. In fact there is no forwarding of documents sent by USCIS too. They are all returned to USCIS.
This issue I think originates from the fact that USCIS wants to know where all aliens are physically staying.
I wanted to have a PO box to avoid any issues with mail theft and my lawyer said its not possible.
Anything different coming from your lawyer would be welcome.
Regards.
Lawyer also has given whatever your lawyer said.
However, I know of few cases where people received green cards at their po boxes. If you call up custmer service, they will be happy to change the I-485 addresses to po box addresses.
This issue I think originates from the fact that USCIS wants to know where all aliens are physically staying.
I wanted to have a PO box to avoid any issues with mail theft and my lawyer said its not possible.
Anything different coming from your lawyer would be welcome.
Regards.
Lawyer also has given whatever your lawyer said.
However, I know of few cases where people received green cards at their po boxes. If you call up custmer service, they will be happy to change the I-485 addresses to po box addresses.
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