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nehas

01-29 05:35 PM

Hi

I came to us on H4 in 2007 and the got my H1B in 2008. I am not getting a job on H1 yet so i want to know that till when the H1B be valid as I am not genarating any salery and my consultant is not running my pay roll ?

And if the H1 goes dorment then what can be done next?

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jliechty

January 29th, 2005, 08:39 PM

Much better. :)

Your other one had better exposure also. And don't feel too bad about it - I struggle with proper highlight exposure on slide film all the time (/curses his lack of a spot meter). :(

Received EAD card in Mail [Archive] - Immigration Voice

View Full Version : Received EAD card in Mail

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rdx0

01-11 04:12 AM

I probabably know the answer of this question but would still like to confirm, just to be sure:

- First I-797B Valid from Jan 2004 to Sep 2006 <- Note: wasn't for 3 years
- First Visa valid from Jul 2004 to Sep 2006
- 1st US Entry Date from Aug 2005 till present date
(been to india in Dec 2007 for 1 month for visa stamping)
- First i-94 valid from Aug 2005 to Sep 2006

-Extended I-797A from Sep 2006 to Jan 2009 <-Note: not extended for 3 yrs
-2nd Visa/I-94 valid from Dec 2007 to Jan 2009

My questions?

1. Can my H1B Visa be extended again? This will be my 2nd extension.

2. Till what Date can be extended?
a. Jan 2010 (6 yrs from 1st I-797)
b. Jul 2010 ( 6 yrs from 1st visa stamping)
c. Aug 2011 (6 yrs from 1st US entry)

Thanks a lot !

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va_dude

05-06 02:53 PM

Most states would have domicile requirements that require you to have resided in the state for x number of months/years.

It could be as little as 1 year.

In VA its 1 year.

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vpm

02-12 10:49 AM

Once you have been outside of the U.S. for more than a year continuously after the approval of your GC, your permanent resident status will automatically terminate as abandoned.

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izolo

06-04 02:10 AM

I applied for H1-B visa on April 2007 and the petition was approved from October 2007 to 26Th of September 2010 but when I came to USA consulate office to get the visa it became pending putting under administrative processing. It took almost 3 years to get the reconfirmation and last week I received the visa.
The visa issuing date is 27Th May and the expiry date is 24Th August but there is another date in bottom right part of it as PED : 26 September 2010 which is my petition's expiry date.
Now I am planning to move to USA for a long term stay so that I am selling my stuff, renting my house,.. and I just got confused by considering this date.Does this mean my visa will be expire on September and my H1 visa is just for some months? In this case does this mean I have lost 3 years of the total 6 years of the H1 visa? or the the officer issuing the visa on I-94 form in the ports of entry can issue the visa for 3 years as a normal H1-B visa?

I have arranged with my employer to start the job on 10Th of July and I will enter USA on 8Th, so up to 26Th of September which is the PED date will be less than 3 months and if the white I-94 card that will be in my passport should correspond with the expiration of the petition, the total of my work duration, will be less than 3 months which really doesn't make sense at all but as it seems that's it!

It seems now the only way is to apply for H1-b extension. So there will be these questions:

1- how will be the process and how much are the fees?
2- How long does it take?
3- Do I have to go back to my home country to get the new stamp for extension?
4- Is there any way to renew it in USA ?
5- Is 2.5 months of work enough to apply for extension? or I have to come sooner if it is really necessary.
6- In my first interview on 2007 they got all the original documents from me and never return them back to me. should I ask for duplication?
7- Is there anything else that my employer and I should know and consider?

I have to know the answers to these questions, first to arrange with employer and to see if they are interested and also to decide about our stuff, jobs, properties,... in my home country before entring the USA, otherwise it can be the loose of everything for us.
Please help me

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mirage

02-15 06:07 PM

Texans & Californians don't you want to sign up ? House judiciary sub-committee for immigration is 80% CA & TX

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americandesi

04-11 04:20 PM

Guys

So, why is it no organization has tried this? or has this been tried before and failed..

This has been tried before by Rajiv Khanna and it was unsuccessful
http://immigrationvoice.org/forum/showpost.php?p=223206&postcount=111

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testsite

11-21 01:06 PM

Hello, I have a question I hope someone is able to answer :)

Suppose my priority dates gets current for a certain month and therefore I apply for adjustment of status (I-485) and a EAD card for my wife (I-765). If the next visa bulletin retrogresses my priority date and it is no longer current, does that also freeze the I-765 processing, or would my wife get the EAD even if my priority date is no longer current?

Thanks.

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TexDBoy

09-11 10:30 PM

I think if the current H1B is expired, he has to apply transfer from India to a different company and go for VISA again ....

http://www.murthy.com/news/n_h1bcan.html

What Happens to my H1B if I am Abroad?
�MurthyDotCom
Questions arise on the topic of traveling abroad, or come from those who are outside the United States. An individual might have had an H1B filed by an employer, but for one reason or another, never entered the U.S. or worked for the employer. One might have been in the U.S. as an H1B employee at some point, but then left the U.S. to live abroad. People such as these ask about getting their H1Bs transferred from companies where they either never worked or are no longer working. Since there is no transfer, there is no concern about this issue. If one is abroad, the new company must file a new H1B petition. There is no pay stub problem in connection with the petition for a person living abroad, since there is no possibility of an extension of H1B status when the individual is not in the United States. (Lack of proper pay records may be an issue at the consulate in connection with an H1B visa application for one who was in the U.S. as an H1B employee, but was not being paid the required prevailing wage.) The H1B employee would need a new visa, if the earlier H1B visa stamp had expired.

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kilubilu46

07-24 10:20 PM

Applied I-140 and I-485 in EB3 this month. New employer might agree to apply in EB2 category. Assuming I have to pay all costs for EB2 PERM processing, what's the average cost in Manhattan area?

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devd

09-11 04:17 PM

Thanks for the reply,

Can i call USCIS or it should only be attorney or some authorized persons?

I agree, Online status is unreliable, but the recent update about undeliverable looks quite straight forward.

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pappu

03-10 04:14 PM

Hello Every one

As we have some funding drive , I would like to start this thread so people update their profile. Please do update your profile and post confirmation once you are done.

How to update Profile :

(1) Login into IV site
(2) Click on Forum from Top Navigation
(3) Click on My User Profile from Drop down
(4) Click on Edit Your Details on Left side navigation. Please enter correct GC details

Post confirmation message once you are done so you can verify details of your profile in your post.

As we dont know yet how long FOIA will take but at least we can have some stats. and may not need to go on other commercial site for data.

Please add this tutorial on IV wiki too so that in future when someone asks, we can point to the Wiki - Forums FAQS

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wc_user

07-16 05:42 PM

Thanks for all your reply. I filed it online and then sent the photos and other requested documentation by mail. I'll wait for the RFE and will let you know what it is about.

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fatboysam

02-12 05:18 PM

I am on h1b with a PD of JAN 2009 and I140 approved, i am changing a job, what is the procedure of I140 transfer ???

Thanks

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davesmith

01-29 10:19 AM

Thanks for reply. But I am getting confused with GC Category. I have posted this question in new thread.

Thanks a lot for reply.

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bekugc

08-04 09:15 PM

you can check with a lawyer to be sure ,

but what i think is -->

since u have a new born Kid in india which u wish to bring to the US, i think that would be only possible at this point if you sponsor a H4 for him. And for you to sponsor h4 for him means you will need to continue to be on H1 visa.

Your decision to continue to use H1, will not affect your Ead/AP. But once again, until you apply 485 for your kid , it will need H4 status to remain in the US, hence forcing u to stay on H1.

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gc03

12-20 03:57 PM

nice article by IV!

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GC_1000Watt

07-08 12:26 PM

Priority Date: Jan 2006
Category: EB3
I-140 Approved: Aug 2006
I-485 Filled: July 2007

I have a new job offer and the employer is willing to sponsor my GC in EB2 category. The job requires BS+5 years experience which I have.

Question: If the old employer revokes my I-140 before the new employer files new PERM and I-140 under EB2 category, can I still port my EB3 priority date to EB2?

According to a well known lawyer in LA area, you can port dates even if your 140 is revoked by your employer. The only possible cause not allowing you to port dates would be revoking of your 140 by USCIS if they feel there was a fraud in your case.

Good luck!

radduri

03-17 12:36 PM

Hello,

I would appriciate if some clarify me on the below queries.

Here my situation is, I had a H1 approved in July 2008 and got stamped in Feb 2009. due to recission I wasn't on travel to US on my H1 status but in Nov 2009 my indian current employer asked me to travel US on business trip for 6 months but at the port of entry they gave only 3months stamp on I94 so my company applied extension for 3 months and got approved. Now my client asked me to join in his company and he is willing to take care of H1.

So here my queries are.

1. In my case how you want me to processed. do i need to transfer my current H1 on my client name or my client need to apply for a new h1.

2. If he applies a new H1 then am i able to work imidiately here.

3. if he applies for a H1 (either Transfer or New) how much time it will take to get approved. what is the best process to get approval imidiately(with in short time. becasue i have only 6 week of time to get expired my B1 I94)

4. Is there any issues if i accept my client offer.

Please help me to get clarify on all these issues.

Thanks,
Ram

new_phd

04-14 02:40 PM

Congrats IKapildev! This has got to be one of the speediest approvals!! Great start to the new year for u!!
All the best!

colrivacas

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