munnu77
09-29 03:59 PM
HI,
My company filed my Perm on Jun 4th 08 but it is not yet approved. My H1B is in its 6th year and will end in July 09. I was wondering if I would get an extension , even if my Perm gets denied for some reason.
I just want to prepare for the worst case. Can any one please help with some information.
What are my options to get a H1B extension.
Thank you,
dont worry..it took my frnd almost 4 months
My company filed my Perm on Jun 4th 08 but it is not yet approved. My H1B is in its 6th year and will end in July 09. I was wondering if I would get an extension , even if my Perm gets denied for some reason.
I just want to prepare for the worst case. Can any one please help with some information.
What are my options to get a H1B extension.
Thank you,
dont worry..it took my frnd almost 4 months
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palemguy
09-16 12:15 PM
I am thinking that USCIS will initiate name check proess only after we give fingerprints. Is this true?
JunRN
12-18 02:49 PM
Chumki, although it is not required by law, there is a risk of not filing a memo. That is why I am saying it's your decision. Are you taking the risk or not?
You don't "have to", right! But are you willing to take the risk?
In your case, there is no problem even if you join the new company BEFORE 180 days as long as your I-140 is not revoked or should there be an RFE for I-140, the original petitioner will respond to it even though you resigned already.
USCIS does not care if you join the new company before or after 180 days. AC21 rule said that the I-485 is pending for more than 180 days. As long as your I-485 is pending for more than 180 days, it doesn't matter if you worked or not for the original petitioner, you can invoke AC21. USCIS will also not look if you're working for the new employer. ALL USCIS need is an employment offer which is similar to the original LC. "Offer" means you have work AFTER getting the GC.
You don't "have to", right! But are you willing to take the risk?
In your case, there is no problem even if you join the new company BEFORE 180 days as long as your I-140 is not revoked or should there be an RFE for I-140, the original petitioner will respond to it even though you resigned already.
USCIS does not care if you join the new company before or after 180 days. AC21 rule said that the I-485 is pending for more than 180 days. As long as your I-485 is pending for more than 180 days, it doesn't matter if you worked or not for the original petitioner, you can invoke AC21. USCIS will also not look if you're working for the new employer. ALL USCIS need is an employment offer which is similar to the original LC. "Offer" means you have work AFTER getting the GC.
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MatsP
May 18th, 2005, 07:28 AM
I'm having a problem with a Nikon d100 camera taking the necessary pictures for a high dynamic range photo. I need to take 3 pictures in a short ammount of time (which I can do, using the bracket setting) but I need to vary the shutter speed manually in this setting, with a different exposure time for each of the 3 pictures taken in the bracket. Is there any way that I can do this, or any software that will allow me to accomplish this?
Thanks,
Trish
As far as I know, this is exactly how the automatic bracketing mode works. Or at least, on the Canon cameras, that's what it does. Just set that the camera takes a +2, 0 and -2 exposure (I'd suggest using two stops, as you want to make a noticable difference between the shots, otherwise the "extension" of the range will be more or less useless).
However, I'm not entirely sure whether the camera will adjust the shutter speed or aperture, or both. It may well depend on which mode you set the camera to in the first place (Program mode -> change both, Shutter Priority -> change aperture [you set the time, so the camera changes the aperture to match], Apterure Priorty -> Change shutter speed [you set the aperture, the camera adjusts the time to match]).
Alternatively, if you use manual mode (and of course, no automatic bracketing available in manual mode), and set it to the "two stops shorter" time, you should be able to relatively quickly do "two clicks" on the dial that adjusts the time. Then do two clicks more. [of course, two stops is probably more than two clicks, but you get the idea].
--
Mats
Thanks,
Trish
As far as I know, this is exactly how the automatic bracketing mode works. Or at least, on the Canon cameras, that's what it does. Just set that the camera takes a +2, 0 and -2 exposure (I'd suggest using two stops, as you want to make a noticable difference between the shots, otherwise the "extension" of the range will be more or less useless).
However, I'm not entirely sure whether the camera will adjust the shutter speed or aperture, or both. It may well depend on which mode you set the camera to in the first place (Program mode -> change both, Shutter Priority -> change aperture [you set the time, so the camera changes the aperture to match], Apterure Priorty -> Change shutter speed [you set the aperture, the camera adjusts the time to match]).
Alternatively, if you use manual mode (and of course, no automatic bracketing available in manual mode), and set it to the "two stops shorter" time, you should be able to relatively quickly do "two clicks" on the dial that adjusts the time. Then do two clicks more. [of course, two stops is probably more than two clicks, but you get the idea].
--
Mats
more...
LostInGCProcess
11-05 04:39 PM
In my understanding if she uses AP in the reentry, her status would change to AOS (Adj of Status) and can stay until the 485 is adjudicated. But if 485 is rejected she would be out of status immediately. We have been told (by my filing attorney) that if she gets a H1 visa this she wouldn't be out of status in case of 485 rejection - she can continue to stay & work on H1.
Is the above correct ? And if 485 gets rejected while on H1 would she be out of status immediately ?
The above statement is correct. If i485 is denied while you are on H1, you won't be out-of-status. You are still on H1 status. H1 status and AOS status are two different categories. And you cannot be on both the status simultaneously.
- I heard that the 485 rejection mentions an 'order' to leave the country within x number of days - I was wondering what the implications are if she is on H1 status (having reentered on valid H1 visa earlier) - Does her status still hold good and continue stay and work on H1 ?
As I told earlier, if you maintain H1 status, you continue to be on H1 status, regardless of the denial of I-485.
- Also at the time of applying for H1 visa what kind of information can be or cannot be shared at the Visa Interview ? just to make sure that the H1 visa doesn't get rejected due to her pending 485
H1b category is "Dual intent" meaning an H1B holder can have legal immigration intent (apply for and obtain the green card) while still a holder of the visa. Also, you must not withhold any information from the visa application, which could potentially lead to denial of the visa.
Is the above correct ? And if 485 gets rejected while on H1 would she be out of status immediately ?
The above statement is correct. If i485 is denied while you are on H1, you won't be out-of-status. You are still on H1 status. H1 status and AOS status are two different categories. And you cannot be on both the status simultaneously.
- I heard that the 485 rejection mentions an 'order' to leave the country within x number of days - I was wondering what the implications are if she is on H1 status (having reentered on valid H1 visa earlier) - Does her status still hold good and continue stay and work on H1 ?
As I told earlier, if you maintain H1 status, you continue to be on H1 status, regardless of the denial of I-485.
- Also at the time of applying for H1 visa what kind of information can be or cannot be shared at the Visa Interview ? just to make sure that the H1 visa doesn't get rejected due to her pending 485
H1b category is "Dual intent" meaning an H1B holder can have legal immigration intent (apply for and obtain the green card) while still a holder of the visa. Also, you must not withhold any information from the visa application, which could potentially lead to denial of the visa.
seltzer
02-12 03:42 PM
Yes, that is not only possible, but safer than using EAD. If your I-485 is denied for whatever reason, you still have H1-B with which to keep working. Once you use EAD, you lose H1-B status, and if I-485 is denied, you are out of status and must leave the country immediately.
more...
deardar
09-28 02:54 PM
How long did it take for you after filing the FOIA to get the concerned documents ?
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chakjobs
12-23 11:27 PM
Hi Nair/Perm,
I am not a returning US resident.
One of the companies sponsored my H1B and I am trying to get the visa stamped in India.
I got the wage report from the company but not the "Unemployment" wage report, so I am confused.
Any help about the document would be greatly appreciated.
Thanks a lot for all your help.
Have a nice time!
Thanks & Regards,
Chak
I am not a returning US resident.
One of the companies sponsored my H1B and I am trying to get the visa stamped in India.
I got the wage report from the company but not the "Unemployment" wage report, so I am confused.
Any help about the document would be greatly appreciated.
Thanks a lot for all your help.
Have a nice time!
Thanks & Regards,
Chak
more...
STAmisha
07-27 02:32 PM
Bumping up
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insbaby
01-11 12:39 PM
Hi
I am thinking my "living the american dream" will be a dream only.
True. Its just a dream. You work on something for 20 years and get a GC at 45. What are you getting after that. Just continue your dream for another 20 to 30 years and call it a day.
If you get it by 25, you have some years to go hit something for your life.
I stopped worrying on GC and started living on tasks that help my family. I have a job now. If lost, I will go for another job and another and another in India/Europe/Australia/so and so. But surely not going to die or go to hospital for depression.
I am thinking my "living the american dream" will be a dream only.
True. Its just a dream. You work on something for 20 years and get a GC at 45. What are you getting after that. Just continue your dream for another 20 to 30 years and call it a day.
If you get it by 25, you have some years to go hit something for your life.
I stopped worrying on GC and started living on tasks that help my family. I have a job now. If lost, I will go for another job and another and another in India/Europe/Australia/so and so. But surely not going to die or go to hospital for depression.
more...
piyu7444
04-10 11:33 AM
Hi Guys -
I have a question about EAD and related to it is a question of re entry in US.
I am currently on h1b visa and have approved I 140 and was able to file for I-485 application alongwith EAD in July 07 fiasco. I got my EAD in Aug 2007 but never used it. I did not apply for AP.
Currently I am working as a consultant for (say) Co. ABC but my h1b holder is a desi consulting firm (say) Co. XYZ.
Now Co. ABC wants to hire me on EAD and I also want to take up this position. My current h1b expires in SEP 08 and my contract with Co. ABC expires May 2nd 2008.
If I take up a FT job with Co. ABC on May3rd and then go to Canada on May 15th for 10 days and then come back on May 25th and enter on h1b, what could be the impacts???
It is too late for me to apply and get the AP but I have to travel on May 15, at the same time I dont want to lose this position and want to take up the FT job.
Any suggestion on what could be my options to consider. I know that as soon as you use your EAD you lose h1b status but how does USCIS comes to know? How much time it takes for them to actually know that you have moved from h1b to EAD?
Gurus - please help me here...........
I have a question about EAD and related to it is a question of re entry in US.
I am currently on h1b visa and have approved I 140 and was able to file for I-485 application alongwith EAD in July 07 fiasco. I got my EAD in Aug 2007 but never used it. I did not apply for AP.
Currently I am working as a consultant for (say) Co. ABC but my h1b holder is a desi consulting firm (say) Co. XYZ.
Now Co. ABC wants to hire me on EAD and I also want to take up this position. My current h1b expires in SEP 08 and my contract with Co. ABC expires May 2nd 2008.
If I take up a FT job with Co. ABC on May3rd and then go to Canada on May 15th for 10 days and then come back on May 25th and enter on h1b, what could be the impacts???
It is too late for me to apply and get the AP but I have to travel on May 15, at the same time I dont want to lose this position and want to take up the FT job.
Any suggestion on what could be my options to consider. I know that as soon as you use your EAD you lose h1b status but how does USCIS comes to know? How much time it takes for them to actually know that you have moved from h1b to EAD?
Gurus - please help me here...........
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GCWhru
11-15 11:07 AM
Please come forward.. We will start Tennessee state chapter.
most of the states having some activity going on. I know TN has lot of members (I personally know 5 to 6 people accessing IV in my company).
Let us join together...
most of the states having some activity going on. I know TN has lot of members (I personally know 5 to 6 people accessing IV in my company).
Let us join together...
more...
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seahawks
07-27 03:13 PM
Even though receipts are generated based on received date, I assume they will process by priority date , if not what is use of priority date after filing I-485?
Gurus, any body know how USCIS will process 485 applications?
if visa dates are current or available per country limit, receive date will be, if retrogressed, the PD on or before cut off date will be the order.
Gurus, any body know how USCIS will process 485 applications?
if visa dates are current or available per country limit, receive date will be, if retrogressed, the PD on or before cut off date will be the order.
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mshelat
05-08 08:35 PM
Juliana gave me a call and we discussed the issue. Let us see what comes out of it.
Thanks a lot for the help.
Thanks a lot for the help.
more...
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adibhatla
05-04 03:51 PM
I recently traveled (2 weeks ago) via Frankfurt to India and back from Dallas. It is more than enough time. Also Lufthansa does a good job of on-time arrivals and departures. I would say it should not be a problem at all.
Cheers!
MA
Cheers!
MA
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vxg
08-09 10:42 PM
I just came back from doc..and he charged 400 dollars (xray will cost more in next few days. Anyways, he says he need to administer Tetnus 3 times (6 months apart).
I am not sure what he will say in report (which i get in couple of days). But my question to you all is :
When Shots are given with time lag, Is 485 processed normally or RFE happens or do USCIS just wait for all shots to be completed and submission of report by doc before they process anything?
Please Reply
Only DTAP is needed once actually my doc said that tetnus only is sufficient but DTAP is much better. I think this doc is making it up.
I am not sure what he will say in report (which i get in couple of days). But my question to you all is :
When Shots are given with time lag, Is 485 processed normally or RFE happens or do USCIS just wait for all shots to be completed and submission of report by doc before they process anything?
Please Reply
Only DTAP is needed once actually my doc said that tetnus only is sufficient but DTAP is much better. I think this doc is making it up.
more...
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matreen
10-07 03:59 PM
i am going to do almost exactly what you are thinking in a matter of few days. i spoke to two lawyers. essentially, ac21 allows this and there is nothing that you have to really do. Of course, i am assuming that you are moving into a job that has the similar job duties as specified in your labor application. what you need to do is make 100% sure that you have documentation to prove this job duties similarity. if you are going to get an SOW from your client, make sure that the SOW is similar to your labor. if you can, do get a letter from your client (where you will do your actual work) stating your job responsibilities, work content etc. you will also need to document/prove actual existence of your business by showing your tax transactions, invoices/receipts etc. also, make sure that you are spending 40 hours (or whatever is the equivalent of a full time job) doing your labor certified job... all this will be required only if USCIS sends you an RFE or calls you for an interview.
wish you luck
Don't you think if you're changing jobs and new job has to be fulltime with new employer? not contract?
Can we invoke AC21 on temp contracting job?
As you said if you go with contracing job where you will be running your payroll? Is it on your new owned company on your name? Or it has to be someone else name like spouse or friend?
Thanks,
Matt
wish you luck
Don't you think if you're changing jobs and new job has to be fulltime with new employer? not contract?
Can we invoke AC21 on temp contracting job?
As you said if you go with contracing job where you will be running your payroll? Is it on your new owned company on your name? Or it has to be someone else name like spouse or friend?
Thanks,
Matt
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Salomon5561
03-12 10:04 PM
This is a letter summarizing my process over the years, elaborated by my immigration attorney for the US Embassy in Nassau Bahamas where I renewed 3 times my visa H1B, However I have to renew it again and spend the $4500 + trip + hotel and food.
My question to you is that due to the crisis, my salary was reduce to almost half, and my wife is desperate in the house trying to do something on the internet because she cannot work on a H4 Visa. After you read the summary, will know how far are we in our process. Could I ask for a permit to work for her? How long would the process take to get our residence? Because according to my attorney, the immigration office is now processing the residence petitions made on Dec 2002, that means the is behind 8 years. Does that mean that I need to wait 8 more years? Please inform.
I would like to inform you that Mr. Mizrahi his first H-1B visa on June 27, 2003. The visa was approved from June 27, 2003 until May 3, 2006. On or about September 5, 2005, Mr. Mizrahi�s new employer submitted a new application for Mr. Mizrahi. This new H-1B visa was approved on September 30, 2005. The validity dates of the new visa were September 29, 2005 until September 5, 2008. On or about March 8, 2007, Mr. Mizrahi�s new employer submitted a new application for Mr. Mizrahi. The new H-1B visa was approved on March 9, 2007. The validity dates of that visa were March 9, 2007 until February 9, 2009.
According to the above information, Mr. Mizrahi�s six year limit should have ended on May 3, 2009. However, Mr. Mizrahi has made over 60 trips outside of the United States during this time span. Mr. Mizrahi spent 333 days outside of the US during the time that he has held his H-1B visa. Mr. Mizrahi was able to recapture does days and that is why his H-1B visa was extended until May 26, 2010. Further, Mr. Mizrahi has a Labor Certification and an I -140 approved through the same employer. Unfortunately, Mr. Mizrahi has not been able to apply for residency due to the fact that no immigrant visas are available for his category at this time.
My question to you is that due to the crisis, my salary was reduce to almost half, and my wife is desperate in the house trying to do something on the internet because she cannot work on a H4 Visa. After you read the summary, will know how far are we in our process. Could I ask for a permit to work for her? How long would the process take to get our residence? Because according to my attorney, the immigration office is now processing the residence petitions made on Dec 2002, that means the is behind 8 years. Does that mean that I need to wait 8 more years? Please inform.
I would like to inform you that Mr. Mizrahi his first H-1B visa on June 27, 2003. The visa was approved from June 27, 2003 until May 3, 2006. On or about September 5, 2005, Mr. Mizrahi�s new employer submitted a new application for Mr. Mizrahi. This new H-1B visa was approved on September 30, 2005. The validity dates of the new visa were September 29, 2005 until September 5, 2008. On or about March 8, 2007, Mr. Mizrahi�s new employer submitted a new application for Mr. Mizrahi. The new H-1B visa was approved on March 9, 2007. The validity dates of that visa were March 9, 2007 until February 9, 2009.
According to the above information, Mr. Mizrahi�s six year limit should have ended on May 3, 2009. However, Mr. Mizrahi has made over 60 trips outside of the United States during this time span. Mr. Mizrahi spent 333 days outside of the US during the time that he has held his H-1B visa. Mr. Mizrahi was able to recapture does days and that is why his H-1B visa was extended until May 26, 2010. Further, Mr. Mizrahi has a Labor Certification and an I -140 approved through the same employer. Unfortunately, Mr. Mizrahi has not been able to apply for residency due to the fact that no immigrant visas are available for his category at this time.
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gk_2000
08-16 07:12 PM
EAD??? HAH!! Dream on...
The 485 wouldn't even be applied for then how EAD would be possible
Actually all these steps seem meaningless. They should give GC to those who want and are eligible. Period
The 485 wouldn't even be applied for then how EAD would be possible
Actually all these steps seem meaningless. They should give GC to those who want and are eligible. Period
gunabcd
07-02 09:52 AM
I see people not supporting the CIR which was suppose to be a pro Immigration bill, no matter which part of the society it was supporting. My question is Are you guys out here a Pro or an anti immigration forum?
Or are you guys out here are to fulfill their selfish dreams, stand on others to reach the top.
Can anyone answer me? I really doubt the people out here.
If you knew the difference between Legal and Illegal immigration, and had you read the CIR bill and all amendments then you would not ask this question. Please do some homework before asking such questions.
Or are you guys out here are to fulfill their selfish dreams, stand on others to reach the top.
Can anyone answer me? I really doubt the people out here.
If you knew the difference between Legal and Illegal immigration, and had you read the CIR bill and all amendments then you would not ask this question. Please do some homework before asking such questions.
logiclife
01-16 12:43 PM
There are some apprehensions on immigration portal about legality of lobbying and having an advocacy group to talk on our behalf and work on our behalf. I have posted a reply there and I am posting that same thing here to clear your fears of "backlash" and "Legal issues".
-----------------------------------
Hi,
There is nothing wrong with Lobbying. It is completely legal to seek professional advocacy for a public cause in order to shape public policy.
It is regulated and legal. Money given to lobbyist are a matter of public record. Hundreds of corporations do this all the time and some of them have their own people do it and some of them hire outside firms who specialize in such activities.
Lobbying has become a dirty word in the past 4 years and more so because of Abramoff scandal. But it is not going to end and it will continue happening since ITS LEGAL AND REGULATED AND MONITORED.
See more here http://en.wikipedia.org/wiki/Lobbying to do research in history and dynamics of lobbying.
Think about lobbying as hiring a lawyer. You can pay a lawyer as much as you want. Its legal. You cannot pay the judge. That is bribery and that is illegal. Similary we are paying orgs to be our advocates or communicator to lawmakers. No-one here is paying any lawmakers. Not a penny.
Regarding the reactions BECAUSE we hire professional advocates(using advocacy instead of lobbying since its dirty now due to scandals...its the same thing) ....here is the deal. There are 2 choices:
Choice 1.
You can be afraid of raising your voice and afraid of anything and everything including the "RADAR" of god-knows-which branch of government(even though its legal), you can be afraid of your own employer(even though its not against company policy in 99% companies to contribute money to orgs that advocate, I have asked my company and they said its ok as long as its not my own profession to lobby and as long as I am not profiting from it personally...which I am not...its contrary...I and other voluteers have contributed personally), you can be afraid of anti-immigration forces that are not going to do anything but...you can be afraid of them. You can live in a country as free as US and be afraid of things that dont even exist.
Choice 2.
You can use your backbone and stand up to raise your voice for something you want and something you believe in. Every once in a while you HAVE TO STAND UP FOR WHAT YOU WANT AND SPEAK UP. Justice is not automatic.
For the sake of argument, let us say that you are on some-one's radar. Who do you thing that is? What are they going to do? If its government branch or agency, they wont do anything because nothing here is illegal. If its a private anti-immigration org then they will know that there are forces just like them in the opposite direction on this issue for immigration. So WHAT? WE know about them and they know about us. They do their job. We do our job. At the end of the day if we make an effect of even 5% on this issue, it could be decisive. And by the way, there are many other orgs that publicly advocate immigration(including illegal immigration) and they have their websites and phone numbers and addresses. They are not afraid of "RADARS" and "ANTI-IMMIGRATION FORCES". WHY SHOULD WE BE AFRAID OF ANYONE.
Lastly, if you cannot give up your fears and speak up or stand up...atleast dont scare others. I would really appreciate.
Thanks,
Logiclife.
-----------------------------------
Hi,
There is nothing wrong with Lobbying. It is completely legal to seek professional advocacy for a public cause in order to shape public policy.
It is regulated and legal. Money given to lobbyist are a matter of public record. Hundreds of corporations do this all the time and some of them have their own people do it and some of them hire outside firms who specialize in such activities.
Lobbying has become a dirty word in the past 4 years and more so because of Abramoff scandal. But it is not going to end and it will continue happening since ITS LEGAL AND REGULATED AND MONITORED.
See more here http://en.wikipedia.org/wiki/Lobbying to do research in history and dynamics of lobbying.
Think about lobbying as hiring a lawyer. You can pay a lawyer as much as you want. Its legal. You cannot pay the judge. That is bribery and that is illegal. Similary we are paying orgs to be our advocates or communicator to lawmakers. No-one here is paying any lawmakers. Not a penny.
Regarding the reactions BECAUSE we hire professional advocates(using advocacy instead of lobbying since its dirty now due to scandals...its the same thing) ....here is the deal. There are 2 choices:
Choice 1.
You can be afraid of raising your voice and afraid of anything and everything including the "RADAR" of god-knows-which branch of government(even though its legal), you can be afraid of your own employer(even though its not against company policy in 99% companies to contribute money to orgs that advocate, I have asked my company and they said its ok as long as its not my own profession to lobby and as long as I am not profiting from it personally...which I am not...its contrary...I and other voluteers have contributed personally), you can be afraid of anti-immigration forces that are not going to do anything but...you can be afraid of them. You can live in a country as free as US and be afraid of things that dont even exist.
Choice 2.
You can use your backbone and stand up to raise your voice for something you want and something you believe in. Every once in a while you HAVE TO STAND UP FOR WHAT YOU WANT AND SPEAK UP. Justice is not automatic.
For the sake of argument, let us say that you are on some-one's radar. Who do you thing that is? What are they going to do? If its government branch or agency, they wont do anything because nothing here is illegal. If its a private anti-immigration org then they will know that there are forces just like them in the opposite direction on this issue for immigration. So WHAT? WE know about them and they know about us. They do their job. We do our job. At the end of the day if we make an effect of even 5% on this issue, it could be decisive. And by the way, there are many other orgs that publicly advocate immigration(including illegal immigration) and they have their websites and phone numbers and addresses. They are not afraid of "RADARS" and "ANTI-IMMIGRATION FORCES". WHY SHOULD WE BE AFRAID OF ANYONE.
Lastly, if you cannot give up your fears and speak up or stand up...atleast dont scare others. I would really appreciate.
Thanks,
Logiclife.
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