jbjeunice
04-16 02:00 PM
Hi, I am currently on my 5th year H-1B visa. I have an option to stay with the same firm and they will help me apply greencard. But I am also considering an opportunity in Bermuda for a 2-3 year program (with the same firm).
My question is if I come back to the US after 2 years, will I be able to apply H-1B visa again? Will it be a whole new H-1B petition/application process subject to the H-1B cap?
Or will it be just another H-1B renewal process following my previous two terms?
Do I need to wait for another two terms of H-1B to expire before starting the greencard process?
Can I ask my currently employer to apply for greencard concurrently while I am working outside the US?
Thanks,
E
My question is if I come back to the US after 2 years, will I be able to apply H-1B visa again? Will it be a whole new H-1B petition/application process subject to the H-1B cap?
Or will it be just another H-1B renewal process following my previous two terms?
Do I need to wait for another two terms of H-1B to expire before starting the greencard process?
Can I ask my currently employer to apply for greencard concurrently while I am working outside the US?
Thanks,
E
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indyanguy
03-12 05:34 PM
I think that thread was closed by Admins for some reason
EB3Victim
09-20 10:43 PM
The USCIS provided further clarification and instructions on I-140 premium processing following the initial announcement. They listed three types of cases that are not eligible for premium processing, even if they are within the EB3 preference category. These are:
a second I-140 filing, if an initial I-140 remains pending
a labor certification substitution request
a duplicate labor certification requests (i.e. those cases where the original labor certification is not included)
These cases simply have additional processing requirements that cannot be met within the premium processing timeframe. These exceptions are in addition to the EB3 �other worker� cases which, as mentioned above, are not eligible for premium processing.
Go through the below link
http://www.murthy.com/news/n_eb3140.html
a second I-140 filing, if an initial I-140 remains pending
a labor certification substitution request
a duplicate labor certification requests (i.e. those cases where the original labor certification is not included)
These cases simply have additional processing requirements that cannot be met within the premium processing timeframe. These exceptions are in addition to the EB3 �other worker� cases which, as mentioned above, are not eligible for premium processing.
Go through the below link
http://www.murthy.com/news/n_eb3140.html
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guest1978
12-10 04:18 PM
i believe this would be a problem. I had a similar mistake(address) on my wife's AP, but the lawyer responded saying name could be an issue but not the address..
Hi
we applied ap in octoer and we got receipt on oct 24th but we found a typo error on my daughters receipt instead of 'ekthasruthi sakala' it was ektha sakala' will it be a problem at the port of entry . please suggest me.
Hi
we applied ap in octoer and we got receipt on oct 24th but we found a typo error on my daughters receipt instead of 'ekthasruthi sakala' it was ektha sakala' will it be a problem at the port of entry . please suggest me.
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Jipjap74
04-15 11:44 AM
I am from Ireland and its for a Multi national manager or executive. My attorney told me that form her experience it takes 4-6 weeks after approval of the I-140 as the visa numbers are current. Bit apprehensive to give the company as I dont see a need for anyone to know this info???
GCFROMOHIO
05-06 10:01 AM
Hi All,
I need to travel urgently to India due to some family issue and my EAD is expiring in Aug 2010. I need to apply for my renewal before I fly out this Sunday since I will have to be in India for 30 days. Can I e file my application from here and send the supporting documentation by Saturday? If so, I want to make sure that if for some reason, I get a biometrics appt., while in India, how can I postpone it? and also there won't be any issues with my EAD renewal app since I will be India and My I 94 will change once I am back.
Thanks for all your responses.....
I need to travel urgently to India due to some family issue and my EAD is expiring in Aug 2010. I need to apply for my renewal before I fly out this Sunday since I will have to be in India for 30 days. Can I e file my application from here and send the supporting documentation by Saturday? If so, I want to make sure that if for some reason, I get a biometrics appt., while in India, how can I postpone it? and also there won't be any issues with my EAD renewal app since I will be India and My I 94 will change once I am back.
Thanks for all your responses.....
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martinvisalaw
08-31 07:32 PM
Hi company A applied for my H1 in april 1st week.
they have got 2 rfe so far and now i am not interested in working with them(they also dont seem interested in replying to the 2nd rfe)
Another company is interested in filing my h1b.
what is the safest way to go about doing this.
should i let company B know that i filed with company A before.
Also will there be any problem in getting H1b approved because of my earlier filing
There should not be a problem in getting the H-1B approved by Co. B, assuming you and the position meet all the H-1B requirements. Just because there was a prior petition filed for you should not have a negative impact. You need to let Co. B know about the earlier filing, because there are some questions on the I-129 that might require them to provide information about the first filing.
they have got 2 rfe so far and now i am not interested in working with them(they also dont seem interested in replying to the 2nd rfe)
Another company is interested in filing my h1b.
what is the safest way to go about doing this.
should i let company B know that i filed with company A before.
Also will there be any problem in getting H1b approved because of my earlier filing
There should not be a problem in getting the H-1B approved by Co. B, assuming you and the position meet all the H-1B requirements. Just because there was a prior petition filed for you should not have a negative impact. You need to let Co. B know about the earlier filing, because there are some questions on the I-129 that might require them to provide information about the first filing.
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kirupa
05-27 03:19 PM
They both look really nice amit. I have added them both up!
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mambarg
07-20 07:03 PM
http://www.uscis.gov/files/pressrelease/ReceiptingTimes20Jul07.pdf
According to this Aug 1st will be current for receipt notices ?
I am not sure if it includes all 485's filed on July 2 to July 20 ?
According to this Aug 1st will be current for receipt notices ?
I am not sure if it includes all 485's filed on July 2 to July 20 ?
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mordaut
04-27 08:47 PM
Ummm... Bump?
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cherl
05-07 09:11 PM
Thanks for your reply.
What would be the process look like? When the priority date becomes current, what should I do? Where should I subject I-485?
What would be the process look like? When the priority date becomes current, what should I do? Where should I subject I-485?
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sunny1000
10-07 08:21 AM
Hi All
I am on a B1 - Visa visited 4 times to USA.But last time (4th time) i over stayed for about 20 days after the i-94 expired.
Normally first 3 times they gave i-94 for 3 months, last time it is only for 2 months, so it's my mistake i haven't looked it till iam
back. All this happened in June 2009. Now i am aproved for H1 - B for the year 2010. I need to face a visa interview. In DS 156
Application, Question No 38. ( Have you ever voilated the terms of a U.S. Visa or Been unlawfully present in,........)
I am checking the option Yes. Can you all help me in this please. Does 20 days extra stay will effect my H1 - B visa or if i get
the Visa, when i go to USA on H1 - B Visa does immigration stop me. Please help me on this case. Thanks a lot for all your
help.
Please post this in the lawyers section so that the attorneys can respond.
I am on a B1 - Visa visited 4 times to USA.But last time (4th time) i over stayed for about 20 days after the i-94 expired.
Normally first 3 times they gave i-94 for 3 months, last time it is only for 2 months, so it's my mistake i haven't looked it till iam
back. All this happened in June 2009. Now i am aproved for H1 - B for the year 2010. I need to face a visa interview. In DS 156
Application, Question No 38. ( Have you ever voilated the terms of a U.S. Visa or Been unlawfully present in,........)
I am checking the option Yes. Can you all help me in this please. Does 20 days extra stay will effect my H1 - B visa or if i get
the Visa, when i go to USA on H1 - B Visa does immigration stop me. Please help me on this case. Thanks a lot for all your
help.
Please post this in the lawyers section so that the attorneys can respond.
more...
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thomachan72
09-11 11:53 AM
Gurus:
I have a quick question about PERM requirements. I was told by my attorney that if I own my company�s stocks, I will be considered a part owner of the company and this will automatically trigger an audit.
My company is a private company and I was given some stock options with very few stocks that I have exercised. I will really appreciate your response.
Regards,
I dont think so. These options are a portion of the employee benefits. You pay tax for these when you exercise them. By holding a share you are only investing in that company you have certain rights as a share holder but not enough to be considered an owner (like a restaurent owner for example). Also how is the CIS going to be aware or be concerned about this? Consult another attorney if you are so worried. Your attorney might be over concerned or misinformed.
I have a quick question about PERM requirements. I was told by my attorney that if I own my company�s stocks, I will be considered a part owner of the company and this will automatically trigger an audit.
My company is a private company and I was given some stock options with very few stocks that I have exercised. I will really appreciate your response.
Regards,
I dont think so. These options are a portion of the employee benefits. You pay tax for these when you exercise them. By holding a share you are only investing in that company you have certain rights as a share holder but not enough to be considered an owner (like a restaurent owner for example). Also how is the CIS going to be aware or be concerned about this? Consult another attorney if you are so worried. Your attorney might be over concerned or misinformed.
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undercovercisofficer
05-13 11:10 PM
TSC is not processing most EB3 I485. This is not supposed to be revealed publicly. It is wrong, so that's why I'm speaking out.
more...
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sundarpn
03-10 10:56 PM
Hello,
I am working on H1-b visa. My green card stage: Priority date July '06, EB3, India. I-140 approved, I-485 filed Sept'07. I don�t intend to use EAD for employment now.
I have a need to get my future spouse on H-4 visa. With EB3 India priority dates retrogressed, filing dependent I-485 for spouse is years away. (Unless rules change!)
Question 1: IF I loose my H1-b status (job loss) and find a new job using my EAD, my spouse on H-4 goes out of status. So what all options do I have to keep her in a valid status?
Question 2: Proactively, say my spouse (when on valid H-4 status) starts a Masters program (part-time) at a University, can she file for a H4 to F-1 change of status (COS) that very week or month I loose my job. Or are there any serious timing issues in this option?
Thx
I am working on H1-b visa. My green card stage: Priority date July '06, EB3, India. I-140 approved, I-485 filed Sept'07. I don�t intend to use EAD for employment now.
I have a need to get my future spouse on H-4 visa. With EB3 India priority dates retrogressed, filing dependent I-485 for spouse is years away. (Unless rules change!)
Question 1: IF I loose my H1-b status (job loss) and find a new job using my EAD, my spouse on H-4 goes out of status. So what all options do I have to keep her in a valid status?
Question 2: Proactively, say my spouse (when on valid H-4 status) starts a Masters program (part-time) at a University, can she file for a H4 to F-1 change of status (COS) that very week or month I loose my job. Or are there any serious timing issues in this option?
Thx
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cantonsale10@gmail.com
02-14 07:20 PM
Hi Friends,
I work for Company A from the year 2003 on H1-B Visa and here is my details
Priority Date : Aug 2004 (EB3-I)
I-140 Approved date : Jan 2007
I-485 Filed date : July 2007
Currently using : H1-B (8 th year running)
EAD & AP : I have both EAD & AP but not using it at this stage.
Now i got an offer from Company B but they can accept only EAD or GC with Good salary and position. I am really tired of getting low salary with company A as they started taking advantage of me.
Now if i use EAD card to move to company B (by using AC21) and once i get a green card (don't know when ??) do i have to come back to company A and work for one or two years as GC is for future employment ? Is there any rule like this ?
I am also planning to have my personal attorney after moving to Company B to take care of AC 21 and other communications.
I am not sure Company A will allow me to move at this stage and i cannot waste my life with this company for a low salary so i want to move and make some progress in my life.
Have any of you moved like this and got GC ? Will there be any issues ?
Please advise.
I work for Company A from the year 2003 on H1-B Visa and here is my details
Priority Date : Aug 2004 (EB3-I)
I-140 Approved date : Jan 2007
I-485 Filed date : July 2007
Currently using : H1-B (8 th year running)
EAD & AP : I have both EAD & AP but not using it at this stage.
Now i got an offer from Company B but they can accept only EAD or GC with Good salary and position. I am really tired of getting low salary with company A as they started taking advantage of me.
Now if i use EAD card to move to company B (by using AC21) and once i get a green card (don't know when ??) do i have to come back to company A and work for one or two years as GC is for future employment ? Is there any rule like this ?
I am also planning to have my personal attorney after moving to Company B to take care of AC 21 and other communications.
I am not sure Company A will allow me to move at this stage and i cannot waste my life with this company for a low salary so i want to move and make some progress in my life.
Have any of you moved like this and got GC ? Will there be any issues ?
Please advise.
more...
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realist
12-07 10:35 AM
The DREAM Act could come up for a cloture vote as early as this week, but faces tough opposition from Republicans -- including a few who, like McCain, previously supported the bill.
Some will likely vote against the DREAM Act citing timing. Senate Majority Leader Harry Reid (D-Nev.) plans to bring up the bill for a cloture vote as early as Wednesday, but all 42 Republican senators have said they would filibuster any bills not related to tax cuts.
As the Senate struggles to come to agreement on the tax cuts and other issues, the DREAM Act could lose its few Republican supporters. Sen. Richard Lugar (R-Ind.), a co-sponsor of the DREAM Act, would vote against the bill if it came up this week, spokesman Mark Helmke said.
"You have to handle the spending bills, tax legislation and START first," Helmke said. "If we get those three things, he's willing to stay in and take up the DREAM Act."
http://www.huffingtonpost.com/2010/12/06/mccain-shoots-down-dream-_n_792809.html
Others Republican senators oppose the bill on its substance, even those who supported previous iterations of the bill. McCain now supports increased border enforcement and argues the border should be secured before the Senate can take up immigration issues such as the DREAM Act. Buchanan, his spokeswoman, attributed McCain's change in position to the increase in drug cartel violence in Mexico near the United States border.
Sen. Orrin Hatch (R-Utah) was an original sponsor of the bill in 2001. Earlier in the year, he seemed supportive of the DREAM Act when he was asked about the bill at a town hall meeting.
Some will likely vote against the DREAM Act citing timing. Senate Majority Leader Harry Reid (D-Nev.) plans to bring up the bill for a cloture vote as early as Wednesday, but all 42 Republican senators have said they would filibuster any bills not related to tax cuts.
As the Senate struggles to come to agreement on the tax cuts and other issues, the DREAM Act could lose its few Republican supporters. Sen. Richard Lugar (R-Ind.), a co-sponsor of the DREAM Act, would vote against the bill if it came up this week, spokesman Mark Helmke said.
"You have to handle the spending bills, tax legislation and START first," Helmke said. "If we get those three things, he's willing to stay in and take up the DREAM Act."
http://www.huffingtonpost.com/2010/12/06/mccain-shoots-down-dream-_n_792809.html
Others Republican senators oppose the bill on its substance, even those who supported previous iterations of the bill. McCain now supports increased border enforcement and argues the border should be secured before the Senate can take up immigration issues such as the DREAM Act. Buchanan, his spokeswoman, attributed McCain's change in position to the increase in drug cartel violence in Mexico near the United States border.
Sen. Orrin Hatch (R-Utah) was an original sponsor of the bill in 2001. Earlier in the year, he seemed supportive of the DREAM Act when he was asked about the bill at a town hall meeting.
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pvpb
10-11 04:48 PM
Hi GUys,
My application reached NSc on August 3rd ..signed by Bbesch...
Did nto hear anything back from them..please update if you are in the same boat
My application reached NSc on August 3rd ..signed by Bbesch...
Did nto hear anything back from them..please update if you are in the same boat
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crystal
12-18 09:23 AM
http://immigrationvoice.org/forum/showthread.php?t=15916
Hong12
12-16 01:36 AM
I just talked to my lawyer again, and he told me that I�m overreacting! He kept saying that this is not a big deal at all for having the wrong background on the petition letter submitted to USCIS. He said that the new petition letter, I-129 and documents do not need to be resubmitted to USCIS. My lawyer also said that he can simply solve the problem by sending me the new petition letter. Accordingly, I can then bring this new letter to the consular for the visa interview instead of going through the resubmission. He also said that there is nothing to be worry about PIMS or anything. Could you please advise what to do? Pls help. Thank you very much.
gman
04-17 09:23 PM
Hello everybody,
Since my last post I have done a lot of research on this site and i think i have found the answer to most things. I am curious to find out if anyone has been in the same situation and have a couple of questions left.
1. Since now I am married but when my I-485 was filed I was single, do I need to ammend the I-485?
2. Do I need to let the attorney know that we are self filing for my wife?
Thanks in advance!
Since my last post I have done a lot of research on this site and i think i have found the answer to most things. I am curious to find out if anyone has been in the same situation and have a couple of questions left.
1. Since now I am married but when my I-485 was filed I was single, do I need to ammend the I-485?
2. Do I need to let the attorney know that we are self filing for my wife?
Thanks in advance!
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