ChainReaction
10-19 10:24 AM
If you have an approved I140 (does not matter which company whether former, curent or future employer), you can get a 3 year H1 extension. There is nothing your current employer can do. How ever, as the others suggested above, you should find you new job and transfer your H1 by using premium processing to be on the safe side. Also apply for new GC process which would allow you to port your priority date as long as your I140 is not revoked for froad/misrepresentation. There are certain rebates on this too.
If you are layed-off, there is nothing much to think. Just act quickly to get your 3 year extension and be optimistic.
thanks tom for the reply,
I have one more question what if i am applying for the 6th year extension ( have completed 5yrs already on H1B) can i still get 3yrs extension?
thanks
If you are layed-off, there is nothing much to think. Just act quickly to get your 3 year extension and be optimistic.
thanks tom for the reply,
I have one more question what if i am applying for the 6th year extension ( have completed 5yrs already on H1B) can i still get 3yrs extension?
thanks
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LostInGCProcess
09-17 12:19 PM
TV25,
1) You were in H4 at first when U came to this country.
2) Then you were sponsored(H1) by some company.
3) you worked for 3 months.
4) went overseas to get stamped(visa) for H1. But they put you on hold for administrative process.
5) You decided to return with H4 visa that was valid at that time. (although technically you are not supposed to enter using H4 since you already started working on H1)
6) You came back to US on H4.
7) Get a letter from USCIS that h1 is denied.
What surprised me the whole time was, why did the consulate not cancel the existing H4 visa, since your status already changed?
That's the first thing they do, when you go for visa stamping...they cancel without prejudice, and issue a new visa....even if its going thru a administrative process, they would still cancel it, cause the assumption is you are going to get the new visa once the process is complete.
1) You were in H4 at first when U came to this country.
2) Then you were sponsored(H1) by some company.
3) you worked for 3 months.
4) went overseas to get stamped(visa) for H1. But they put you on hold for administrative process.
5) You decided to return with H4 visa that was valid at that time. (although technically you are not supposed to enter using H4 since you already started working on H1)
6) You came back to US on H4.
7) Get a letter from USCIS that h1 is denied.
What surprised me the whole time was, why did the consulate not cancel the existing H4 visa, since your status already changed?
That's the first thing they do, when you go for visa stamping...they cancel without prejudice, and issue a new visa....even if its going thru a administrative process, they would still cancel it, cause the assumption is you are going to get the new visa once the process is complete.
santa123
08-14 07:31 AM
Good points: Here is what I think:
- future VBs
- visa availability in the coming months
FOR THIS I HAVE DISCUSSED DETAILED PREDICTION IN FOLLOWING THREAD:
http://immigrationvoice.org/forum/showthread.php?t=20863
- awareness about visa wastage
DEFINITELY A MAJOR ACHIEVEMENT. ALL THE HAPPENINGS OF THIS YEAR (USCIS AND DOL DEPOSITIONS FOR IMMIGRATION BILLS ETC..) THERE IS CLEARLY MUCH MORE AWARENESS ABOUT VISA WASTAGE AND IT APPEARS THAT THEY ARE TRYING REAL HARD TO AVOID IT...:)
- dates becoming current for most EB categories
- light at the end of tunnel for most of us
I GUESS BOTH THESE THINGS ARE THE SAME. I THINK EB2 AND EB3 ROW WILL BE CURRENT BY THE END OF THE FISCAL YEAR AND EB3 INDIA AND CHINA WILL MOVE FORWARD SIGNIFICANTLY TO USE UP THE OVERFLOW (AS THERE ARE NO 485S FILED AFTER JULY 2007). HOPEFULLY MOST EB2 WILL GET THEIR GCS IN NEXT TWO YEARS. ADDITIONAL ONE YEAR FOR EB3 INDIA AND CHINA (ONLY A GUESS)
- USCIS efficiencies
NO COMMENT ON THIS: THEY PROVED IT AGAIN....THEY CAN NEVER BE EFFICIENT...EITHER THEY DONT HAVE RESOURCES OR THEY DONT HAVE MECHANISM TO USE THEM (LIKELY LATER SCENARIO)..AND NOTHING WILL HAPPEN WITHOUT MAJOR RESTRUCTURING OF THE SYSTEM. EVEN AFTER EVERYTHING BECOMES CURRENT, THERE WILL BE PEOPLE WITH PD IN 2001 AND 2002 STILL WAITING.
Bottomline: CHANGE is happening... Hope and prayers are helping... Good luck to all
- future VBs
- visa availability in the coming months
FOR THIS I HAVE DISCUSSED DETAILED PREDICTION IN FOLLOWING THREAD:
http://immigrationvoice.org/forum/showthread.php?t=20863
- awareness about visa wastage
DEFINITELY A MAJOR ACHIEVEMENT. ALL THE HAPPENINGS OF THIS YEAR (USCIS AND DOL DEPOSITIONS FOR IMMIGRATION BILLS ETC..) THERE IS CLEARLY MUCH MORE AWARENESS ABOUT VISA WASTAGE AND IT APPEARS THAT THEY ARE TRYING REAL HARD TO AVOID IT...:)
- dates becoming current for most EB categories
- light at the end of tunnel for most of us
I GUESS BOTH THESE THINGS ARE THE SAME. I THINK EB2 AND EB3 ROW WILL BE CURRENT BY THE END OF THE FISCAL YEAR AND EB3 INDIA AND CHINA WILL MOVE FORWARD SIGNIFICANTLY TO USE UP THE OVERFLOW (AS THERE ARE NO 485S FILED AFTER JULY 2007). HOPEFULLY MOST EB2 WILL GET THEIR GCS IN NEXT TWO YEARS. ADDITIONAL ONE YEAR FOR EB3 INDIA AND CHINA (ONLY A GUESS)
- USCIS efficiencies
NO COMMENT ON THIS: THEY PROVED IT AGAIN....THEY CAN NEVER BE EFFICIENT...EITHER THEY DONT HAVE RESOURCES OR THEY DONT HAVE MECHANISM TO USE THEM (LIKELY LATER SCENARIO)..AND NOTHING WILL HAPPEN WITHOUT MAJOR RESTRUCTURING OF THE SYSTEM. EVEN AFTER EVERYTHING BECOMES CURRENT, THERE WILL BE PEOPLE WITH PD IN 2001 AND 2002 STILL WAITING.
Bottomline: CHANGE is happening... Hope and prayers are helping... Good luck to all
2011 Drawings - Anime Angel by
needhelp!
09-19 08:07 AM
Camera battery still charging.. will upload some pics/videos soon :)
I was very impressed by the guy who sang the national anthem...who was he?? He was too good!!
And for all of Logiclife's detractors, you should have heard him speak yesterday!:) He is simply 3 good!:) he could have energized you, motivated you and prompted you to do more for our cause, by the way he spoke and what he spoke.
We're still talking about it at home and how good both of us felt to be a part of this movement. Can't wait to see more pix and videos!:)
I was very impressed by the guy who sang the national anthem...who was he?? He was too good!!
And for all of Logiclife's detractors, you should have heard him speak yesterday!:) He is simply 3 good!:) he could have energized you, motivated you and prompted you to do more for our cause, by the way he spoke and what he spoke.
We're still talking about it at home and how good both of us felt to be a part of this movement. Can't wait to see more pix and videos!:)
more...
irha
12-07 12:01 PM
120th day
So you apply about 4 months in advance? Are you then not losing about 3 months of your previous validity due to this practice?
So you apply about 4 months in advance? Are you then not losing about 3 months of your previous validity due to this practice?
smodekurti
10-04 11:48 AM
I live in Chicago too.....
more...
ramaonline
04-20 06:13 PM
keep everything as it is - Just redirect to a new url for the website only
2010 Gothic by ~Anime-Angel-180
LIDIYA
09-13 08:29 PM
Date you filed - July 2nd
Receipt Date - AUG 27 (or very close to it. Sorry, I don't remember actual date)
Service center - TSC
If EAD received - SEP 1st (both EAD's)
FP - SEP 8th (both)
SSN - applied on SEP 6, received on SEP 13th (today)
Good luck!
Receipt Date - AUG 27 (or very close to it. Sorry, I don't remember actual date)
Service center - TSC
If EAD received - SEP 1st (both EAD's)
FP - SEP 8th (both)
SSN - applied on SEP 6, received on SEP 13th (today)
Good luck!
more...
BharatPremi
10-19 11:00 AM
Do not forget to count the effect of the fact that once congress pass FBI Background Checks Improvement Amendment to CJS FY 2008 Appropriations Bill, total load again will cross more than 650,000 (320000 + June application load +Namecheck stuck files + August and onward load) at least. So in theory Namecheck stuck guys will start popping out of the system first and then us. And this may make all bulletins till 2008 end slow not moving beyond 2003 for almost all EB2-3 categories in general. Now Senate has already passed that Amendment. Ofcourse if it will become law through passing of the bill and till then we all will have to wait. But if it is passed will be effective mostly from 2008.
http://levin.senate.gov/newsroom/release.cfm?id=285400
Notes:
------
(1) USCIS claimed having 320000 AOS filings but it has not claimed that all those are from EB category only so do not
forget to assume some % out of that from Family category as well.
(2) USCIS has not claimed number for Consular Processing. Now Yearly limit 140000 covers Consular Processing files
as well. So assume this as well for your statistical prediction base.
(3) USCIS has not put any number for concurrent filers out of these 320000. So you will have to make their category
little separate for your analysis. The reason is that their whole processing now solely depends upon I-140 approval
so in theory even if date becomes current for them, if I-140 is not approved, their files will not be processed.
(4) You will have to make a base for "Fence Jumpers" in your analysis (CP to AOS and AOS to CP)
http://levin.senate.gov/newsroom/release.cfm?id=285400
Notes:
------
(1) USCIS claimed having 320000 AOS filings but it has not claimed that all those are from EB category only so do not
forget to assume some % out of that from Family category as well.
(2) USCIS has not claimed number for Consular Processing. Now Yearly limit 140000 covers Consular Processing files
as well. So assume this as well for your statistical prediction base.
(3) USCIS has not put any number for concurrent filers out of these 320000. So you will have to make their category
little separate for your analysis. The reason is that their whole processing now solely depends upon I-140 approval
so in theory even if date becomes current for them, if I-140 is not approved, their files will not be processed.
(4) You will have to make a base for "Fence Jumpers" in your analysis (CP to AOS and AOS to CP)
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vkrishn
07-12 03:47 PM
VB is out.. EB2 I moved to 01 March 06.
**Visa Bulletin for August 2010 (http://www.travel.state.gov/visa/bulletin/bulletin_5092.html)
**Visa Bulletin for August 2010 (http://www.travel.state.gov/visa/bulletin/bulletin_5092.html)
more...
indyanguy
01-18 12:55 PM
its not that simple. were you here in 2000-2002 also? When the whole company is running into major losses complete department and locations get wiped out. Does not matter how critical a resource you are. If the people at the top decide to scrap the product, the team goes with it. Thats how companies like Nortel, Lucent etc manage to go from employment figures of 100K to 30K in a couple of years...
I second this. It doesn't matter how valuable resource you are for the company. It doesn't matter how hard working you are. It doesn't matter how bright and intelligent you are. Anything can happen if you are out of luck.
I second this. It doesn't matter how valuable resource you are for the company. It doesn't matter how hard working you are. It doesn't matter how bright and intelligent you are. Anything can happen if you are out of luck.
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sanju_dba
08-04 12:19 PM
Kumar1,
where can i validate this
"Yes, extended H1-B is no longer valid after that. You simply can not fall back on that."
My attorney said, h1 will last till its expiration but cannot be renewed after 485 denial.
where can i validate this
"Yes, extended H1-B is no longer valid after that. You simply can not fall back on that."
My attorney said, h1 will last till its expiration but cannot be renewed after 485 denial.
more...
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subba
12-05 04:21 PM
I-94 on current I797 expires 4/30/2007
Am expecting H1B approval 4/30/2007-4/30/2010 soon.
Plan to travel in February 2007.
One thing I noticed is my previous visa stamps only had a end date but no start date. So I am guessing/hoping the start date is effectively dictated by I797 (which I will have 2 of).
^^^^
Am expecting H1B approval 4/30/2007-4/30/2010 soon.
Plan to travel in February 2007.
One thing I noticed is my previous visa stamps only had a end date but no start date. So I am guessing/hoping the start date is effectively dictated by I797 (which I will have 2 of).
^^^^
tattoo Draw an Anime Angel
JazzByTheBay
12-19 07:07 PM
You get the FP notices, attorney gets a copy.
Best way to find out (if you missed it) is to call USCIS Customer Service number on your I-485 notice.
Don't think it's delivered personally - it may not get delivered if you filed a change of address with the post office, but it should be in your mail if you haven't moved/no address change, imo.
jazz
Who gets FP notice? is it attorney or us?
We also filed on July 2nd at NSC.. got EAD and AP. buit no sign of FP yet. we were also out of country for last 3- 4 weeks. Is there chance we could have missed it?
Best way to find out (if you missed it) is to call USCIS Customer Service number on your I-485 notice.
Don't think it's delivered personally - it may not get delivered if you filed a change of address with the post office, but it should be in your mail if you haven't moved/no address change, imo.
jazz
Who gets FP notice? is it attorney or us?
We also filed on July 2nd at NSC.. got EAD and AP. buit no sign of FP yet. we were also out of country for last 3- 4 weeks. Is there chance we could have missed it?
more...
pictures Fantasy Art Anime Angel in
gpr
06-07 11:39 AM
I am in the same boat. Sent my application for EAD and AP renewals on 06/01. Received at phoenix lock box on 06/03. No updates yet. My EAD is expiring in the last week of july.
dresses by ~Anime-Angel-of-Gloom
cdeneo
03-22 12:26 PM
Is your application pending at NSC or TSC?
Also, can you share with us your city/state - just curious which USCIS location has become so efficient :)
Thanks for sharing this info with us!
Hello,
So yesterday (Saturday) was another surprize, a pleasant one again! I got a call from the same IO who told me that he got all the documents that I had sent and has cleared my case for approval, but now my fingerprints have expired.
He asked if I could come right away to his office and he could give me an instant fingerprinting appointment in the nearby INS office. When I told him that I'm currently out of country on business trip and won't be back in US till April, he said he will send me an appointment near April 15th.
I thanked him for his follow-up and he said he was just doing his job. I know this might be an exception than a rule, but just wanted to acknowledge this particular IO and hope there are more like him.
Also, can you share with us your city/state - just curious which USCIS location has become so efficient :)
Thanks for sharing this info with us!
Hello,
So yesterday (Saturday) was another surprize, a pleasant one again! I got a call from the same IO who told me that he got all the documents that I had sent and has cleared my case for approval, but now my fingerprints have expired.
He asked if I could come right away to his office and he could give me an instant fingerprinting appointment in the nearby INS office. When I told him that I'm currently out of country on business trip and won't be back in US till April, he said he will send me an appointment near April 15th.
I thanked him for his follow-up and he said he was just doing his job. I know this might be an exception than a rule, but just wanted to acknowledge this particular IO and hope there are more like him.
more...
makeup Anime Angel Drawing.
raysaikat
01-15 12:59 PM
Thank you for your response raysaikat! Could you please rephrase your first part of the answer "This is not a valid reasoning. The "no" is not related to immigration intent. It is related to if you made factually correct statements."? It's a bit confusing.
There are two different things. (i) Intention to commit immigration fraud by mis-representing facts; (ii) Intention to immigrate.
By returning from the US after your trip, you have proved (ii) to be false (i.e., you did not have intention to immigrate at least at that time). However, that evidence does not prove (i) to be false.
You're saying I need to *prove* that I have no intention for immigrating to US. Do you mean that they must clearly see that I have no intention to stay in the US after I finish college?
Yes, it is a requirement for issuing F-1.
The I-130 form is pending so it's obvious I have such intentions. However, the process takes a very long time. Do you think that if I prove that I plan to go back home after school and then wait for the process in my home country I'll be issued a visa?
Good question, and I do not know the answer. What you say may be true. Please consult a qualified attorney (or ask your brother to consult one).
Do they have information regarding the "I-130" process in their database?
Yes. The IO should have access to all prior and pending immigration related activities associated with you.
I mean there is a chance they don't even ask about it. Well, last time we applied they didn't.
Also, do you think that my previous false response to the application form question could in some way affect my I-130 process? I mean I've returned back so in my understanding it shouldn't be a problem. Please explain.
It should not affect your I-130, but again, I am not a lawyer and you seem to need reliable answers (i.e., you need to consult a lawyer).
If I get lucky and get a visa issued. What happens next? Is it easy to switch to a working "H1B" visa from "F-1" visa and maintain this status until the end of the "I-130" process?
Yes, H1-B is dual-intent. I.e., you do not need to prove non-immigration intent for getting an H1-B stamp.
Is it ok to leave the country while on "H1B" status while "I-130" pending? Please comment. Thank you.
I am not familiar about I-130 that much. If I-130 is similar to I-140, then it is okay to leave US while it is pending. However, if you file I-485, then you must have Advanced Parole before leaving US. Again, a question for a lawyer.
There are two different things. (i) Intention to commit immigration fraud by mis-representing facts; (ii) Intention to immigrate.
By returning from the US after your trip, you have proved (ii) to be false (i.e., you did not have intention to immigrate at least at that time). However, that evidence does not prove (i) to be false.
You're saying I need to *prove* that I have no intention for immigrating to US. Do you mean that they must clearly see that I have no intention to stay in the US after I finish college?
Yes, it is a requirement for issuing F-1.
The I-130 form is pending so it's obvious I have such intentions. However, the process takes a very long time. Do you think that if I prove that I plan to go back home after school and then wait for the process in my home country I'll be issued a visa?
Good question, and I do not know the answer. What you say may be true. Please consult a qualified attorney (or ask your brother to consult one).
Do they have information regarding the "I-130" process in their database?
Yes. The IO should have access to all prior and pending immigration related activities associated with you.
I mean there is a chance they don't even ask about it. Well, last time we applied they didn't.
Also, do you think that my previous false response to the application form question could in some way affect my I-130 process? I mean I've returned back so in my understanding it shouldn't be a problem. Please explain.
It should not affect your I-130, but again, I am not a lawyer and you seem to need reliable answers (i.e., you need to consult a lawyer).
If I get lucky and get a visa issued. What happens next? Is it easy to switch to a working "H1B" visa from "F-1" visa and maintain this status until the end of the "I-130" process?
Yes, H1-B is dual-intent. I.e., you do not need to prove non-immigration intent for getting an H1-B stamp.
Is it ok to leave the country while on "H1B" status while "I-130" pending? Please comment. Thank you.
I am not familiar about I-130 that much. If I-130 is similar to I-140, then it is okay to leave US while it is pending. However, if you file I-485, then you must have Advanced Parole before leaving US. Again, a question for a lawyer.
girlfriend Drawing of an evil angel with
jayram123
07-12 12:28 AM
As a victim of identity theft, I can tell you first hand that there is serious potential that this could be an issue. There is no guarantee that the person who received your document will return it first off. What if he simply throws in the trash? USPS makes mistakes all the time. What if your package is placed by USPS in someone else's mailbox? Or what if CIS puts the wrong address on the package?
Anyway, bottomline it has potential but I do not know that we can do anything at this point other than worry and hope.
Anyway, bottomline it has potential but I do not know that we can do anything at this point other than worry and hope.
hairstyles been drawing the shuttle,
prince_waiting
02-23 09:05 AM
Bank of America(BOA) being a financial institution must have analyzed the risks before deciding to give credit cards to illegal aliens (no credit history and no SSN) and this would have been possible only with BOA having some kind of insider information on the status of the CIR.
My take is that BOA execs. know that the CIR is going to be passed in the summer. BOA knows for a fact that these 10-12 million illegal immigrants (read future customers) will have valid SSNs within the next 1 year or so.
This BOA action not consistent with traditional banking norms, is a precursor to the passing of the CIR in the house in the comming summer.
My take is that BOA execs. know that the CIR is going to be passed in the summer. BOA knows for a fact that these 10-12 million illegal immigrants (read future customers) will have valid SSNs within the next 1 year or so.
This BOA action not consistent with traditional banking norms, is a precursor to the passing of the CIR in the house in the comming summer.
va_217
10-09 03:53 PM
This month end my I-94 will be expiring and 2 months back I have changed my passport to a new one as it was expiring. I have renewed my H1 recently(15 days back) with the H1 extension I received new I-94, would that be sufficient or I have to go out and come in again for a new one
alisa
11-29 06:36 AM
One of ways in which you can make the lawmakers realize the seriousness of the issue of EB relief is by telling them about it in person. They meet tons of other people every day and hear about many issues that are just as important to the others who meet them. So to convince them of the urgency, IMHO, we all must go to their offices and talk to them. That requires you to take some time off from your schedule. Many of us have already met lawmakers. Join your local chapter.
Can we have
1) links and pointers to background material and other things we could study, so that we are on the same page, and can educate ourselves on what to ask lawmakers/public
2) a presentation/paper, so that we have the same, the best, and the most presentable message.
If this already exists, and I just haven't found it yet, I apologize....
Can we have
1) links and pointers to background material and other things we could study, so that we are on the same page, and can educate ourselves on what to ask lawmakers/public
2) a presentation/paper, so that we have the same, the best, and the most presentable message.
If this already exists, and I just haven't found it yet, I apologize....