martinvisalaw
06-12 04:43 PM
You need to be one full year outside the US, however the year does not have to be continuous. So if you came back to the US for a month during your year overseas, you would need to be outside the US for 13 months to get H-1B status again. You will be subject to the H-1B cap again if claiming a new 6-year period.
As the previous answer says - you don't have to go back to your home country. You just have to be outside the US.
As the previous answer says - you don't have to go back to your home country. You just have to be outside the US.
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widad2020
06-10 10:57 AM
USCIS is going to issue two year EAD starting at the end of June 2008 for those AOS applicants whose cases USCIS expects to get deleyed more than a year.
"
I'm also pleased to announce that we will be extending the validity period of the employment authorization documents that we issue to individuals who are waiting adjustment of status to lawful permit residenture or in colloquial phrase, the green card.
Currently, adjustment applications are granted employment authorization documents with only a one year maximum validity. Beginning later this month, we'll start issuing these documents with a two-year validity period for aliens who are waiting adjustment of status if their application is expected to be pending for more than a year."
http://www.dhs.gov/xnews/releases/pr_1213101513448.shtm
"
I'm also pleased to announce that we will be extending the validity period of the employment authorization documents that we issue to individuals who are waiting adjustment of status to lawful permit residenture or in colloquial phrase, the green card.
Currently, adjustment applications are granted employment authorization documents with only a one year maximum validity. Beginning later this month, we'll start issuing these documents with a two-year validity period for aliens who are waiting adjustment of status if their application is expected to be pending for more than a year."
http://www.dhs.gov/xnews/releases/pr_1213101513448.shtm
up_guy
08-22 05:24 AM
appreciate any feedback or comments on law firm www.morganlewis.com
for Ac21 and GC etc..
for Ac21 and GC etc..
2011 Kelly Rowland amp; M. Candys
Munna Bhai
08-23 09:00 AM
Hello,
My friend has H1 and working for company A. He transferred his H1 and started working for company B (Its been 4 weeks and he has 2 paystubs from company B).
He is sure that company A didn't revoked / cancelled his H1. Now he wants to move to company A (old one). Is this possible?
or does he need to re-transfer his H1 from copnay B to company A?
Please advise.
Thanks
He/She can join old company as long as H1b from the old company is not revoked. There is no need for any H1b transfer as long as old company's H1b is valid. Just go and join them back if they are willing to take him. Lot of people of H1b do this. Hope this helps.
My friend has H1 and working for company A. He transferred his H1 and started working for company B (Its been 4 weeks and he has 2 paystubs from company B).
He is sure that company A didn't revoked / cancelled his H1. Now he wants to move to company A (old one). Is this possible?
or does he need to re-transfer his H1 from copnay B to company A?
Please advise.
Thanks
He/She can join old company as long as H1b from the old company is not revoked. There is no need for any H1b transfer as long as old company's H1b is valid. Just go and join them back if they are willing to take him. Lot of people of H1b do this. Hope this helps.
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desi485
11-13 01:47 PM
I had a question about using using AC21.
Here is the scenario: Let us say I work for XYZ Company who applied for my 140 and 485. I have approved 140, H-1b, EAD and AP.
If XYZ laid me off or I left them for career progression or more money 180 days after my 485 was filed and 140 approved, what happens to my 485 application?
Wouldn't USCIS question that since my sponsoring employer does not exist anymore, who am I going to work for once I get my green card? or is this coverd under AC21?
Please advice!
sir, if you have worked 180 days for this employer after filling of 485, there are no issues with CIS, atleast legally. However there are some unfortunate incidents going on where IO wrongfully denied 485 petitions when a person changed jobs using AC-21. I urge you to take part in IV AC-21 letters campaign which will help you and all of us to survive any unfortunate, unforseen job loss due to current downturn in economy. (http://immigrationvoice.org/forum/showthread.php?t=22182) It is actully very easy, just print 4 pages and mail it thru' USPS. Won't even cost you $2. Remember this for yours and our future and peace of mind. Arul, I humbly request you to do so for sake of our community. Thanks!
Here is the scenario: Let us say I work for XYZ Company who applied for my 140 and 485. I have approved 140, H-1b, EAD and AP.
If XYZ laid me off or I left them for career progression or more money 180 days after my 485 was filed and 140 approved, what happens to my 485 application?
Wouldn't USCIS question that since my sponsoring employer does not exist anymore, who am I going to work for once I get my green card? or is this coverd under AC21?
Please advice!
sir, if you have worked 180 days for this employer after filling of 485, there are no issues with CIS, atleast legally. However there are some unfortunate incidents going on where IO wrongfully denied 485 petitions when a person changed jobs using AC-21. I urge you to take part in IV AC-21 letters campaign which will help you and all of us to survive any unfortunate, unforseen job loss due to current downturn in economy. (http://immigrationvoice.org/forum/showthread.php?t=22182) It is actully very easy, just print 4 pages and mail it thru' USPS. Won't even cost you $2. Remember this for yours and our future and peace of mind. Arul, I humbly request you to do so for sake of our community. Thanks!
jsb
11-09 04:31 PM
I am july 2nd filer , received by R.Williams at NSC and still dont have EAD so I took infopass appointment as my case status still shows pending. I did fingerprints about 2.5 months back. I was told in the infopass that my case is still pending so if i do another set of fingerprints, my case would come up to grab attention of the staff at NSC. So, they did fingerprinting again and lo, i saw 2 luds on the 765 yesterday and today , am I really going to get EAD soon or did the infopass uscis guys just fool me and take the fp just to pretend they did something on my case, anybody else faced this, pls respond.
Is finger printing required for EAD? We got our EADs without any FP. No FP notice yet?
Is finger printing required for EAD? We got our EADs without any FP. No FP notice yet?
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NANO3
04-09 08:37 PM
two bucks for a stamp??? outrageous...:+)
In about 20 years here in the US that'll be the stamp :nose:
Digital stamps costing $2
In about 20 years here in the US that'll be the stamp :nose:
Digital stamps costing $2
2010 ft Kelly Rowland #39;What A
rajs
10-31 03:51 PM
IM just tring to find out if any one in EB3 cat. are seening any movement or progress by USCIS.
I have a pd of APR 2001 but no progress or lud in the past 1 year
nothing on my file and when i call USCIS they send me a letter saying
still in our prossesing time, but my app date of may 2004 with a approved
i-140
and still waiting for 485 .
I have a pd of APR 2001 but no progress or lud in the past 1 year
nothing on my file and when i call USCIS they send me a letter saying
still in our prossesing time, but my app date of may 2004 with a approved
i-140
and still waiting for 485 .
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BMP
01-13 07:04 PM
Send him a letter by certified mail and then dump the bloodsucker ! Noncompete agreements are very dubious in the first place so I doublt the employer would try to reclaim the loss.
Also you can get a free initial consultation from a licensed lawyer, there are plenty of options here. At most he would charge you something around $200
Also you can get a free initial consultation from a licensed lawyer, there are plenty of options here. At most he would charge you something around $200
hair Kelly Rowland – What A Feeling
ultimate_champ
07-24 11:15 PM
IO discretion.
My in-laws came in Apr'08 to US and left in Oct-08 for India. They then came back again in Dec'08 due to some issues and they had no problems - they again stayed nearly for months.
My in-laws came in Apr'08 to US and left in Oct-08 for India. They then came back again in Dec'08 due to some issues and they had no problems - they again stayed nearly for months.
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gettinthere
05-11 10:31 PM
Hi all
My I-485 is pending(EB-3,India)since 2007. I changed employer & successfully ported PD on new I-140 approval in EB-2 category. My PD is in Oct 2006 & I expect that to become current in the coming few months.
Now, I need to do Interfiling to link my pending I-485 to my new I-140.
(1) What all documents/wordings are required for interfiling? Can someone pls provide a checklist?
(2) Who should do Interfiling- Myself or "Attorney of File" on my original I-485 or my current attorney (who did my new I-140)?
(3) Can I send my Interfiling request to USCIS even before my PD becomes current?
Thanks
Sameer
My I-485 is pending(EB-3,India)since 2007. I changed employer & successfully ported PD on new I-140 approval in EB-2 category. My PD is in Oct 2006 & I expect that to become current in the coming few months.
Now, I need to do Interfiling to link my pending I-485 to my new I-140.
(1) What all documents/wordings are required for interfiling? Can someone pls provide a checklist?
(2) Who should do Interfiling- Myself or "Attorney of File" on my original I-485 or my current attorney (who did my new I-140)?
(3) Can I send my Interfiling request to USCIS even before my PD becomes current?
Thanks
Sameer
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DDash
08-28 07:31 PM
Make sure your spouse has valid AP on hand while she travel to overseas...so that she return using AP at POE..so AP is must at this point as her AOS is still pending...
Also get advice from your lawyer in advance..
Thanks for your advice Webm...I will contact a lawyer as well. So what will be her visa status when she comes back to USA? Her H-4 is invalid now as I got my G.C. She has no EAD yet. Will she get into trouble assuming she travels with her AP?
Thanks again!
Also get advice from your lawyer in advance..
Thanks for your advice Webm...I will contact a lawyer as well. So what will be her visa status when she comes back to USA? Her H-4 is invalid now as I got my G.C. She has no EAD yet. Will she get into trouble assuming she travels with her AP?
Thanks again!
more...
house _Kelly_Rowland-What_A_Feeling-
little_willy
09-15 11:45 PM
�Every day I live I am more convinced that the waste of life lies in the powers we have not used, the selfish prudence that will risk nothing and which, shirking pain, misses happiness as well.�
tattoo with Kelly Rowland for new
Shevchuk
04-25 12:26 PM
Try BoxedApp SDK (http://boxedapp.com/)
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pictures Kelly Rowland the former
PDOCT05
10-16 12:37 PM
Gurus Need Help.
We filed for I-485 on july 3rd..and got receipt numbers after calling USCIS for 3 of us.Yesterday we got receipt notices for me and my wife..but for my son we haven't received the notice when i checked the status online..it says case is rejected and here is the text message from the online..,
"On October 10, 2007, we determined that this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was not properly filed, rejected it, and mailed it back to you with all supporting materials along with a notice describing the reasons the case was rejected. The notice will also describe what will need to be done to properly submit the case"
Is any one with the similar situation? Please help what could be the reason??
and how long it will take to receive the rejected notice?
any info will be great help...,
Thanks,
We filed for I-485 on july 3rd..and got receipt numbers after calling USCIS for 3 of us.Yesterday we got receipt notices for me and my wife..but for my son we haven't received the notice when i checked the status online..it says case is rejected and here is the text message from the online..,
"On October 10, 2007, we determined that this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was not properly filed, rejected it, and mailed it back to you with all supporting materials along with a notice describing the reasons the case was rejected. The notice will also describe what will need to be done to properly submit the case"
Is any one with the similar situation? Please help what could be the reason??
and how long it will take to receive the rejected notice?
any info will be great help...,
Thanks,
dresses Ft Kelly Rowland – What a
rajkumar_engg
05-26 09:25 AM
I had applied for my H1B extn and got an RFE. Lawyers replied to it and its almost 7 weeks now, haven't got any reply.
Is this a usual timeframe? how long will it usually take for USCIS to take any action on the RFE's after the reply was sent with all appropriate documents?
Is this a usual timeframe? how long will it usually take for USCIS to take any action on the RFE's after the reply was sent with all appropriate documents?
more...
makeup Kelly Rowland Heats Up Summer
raysaikat
03-07 07:09 PM
Hi, this is my first time in the forum and I wish to seek advice on my situation.
I'm a green card holder (singapore citizen) who got married while being a US PR. I wish to apply for my wife (singapore citizen) a green card.
How long is the typical wait?
See visa bulletin. Your case is Family Based (FB) 2A. Currently, it is at 01APR06 (i.e., the applications that USCIS received before 04/01/2006 are eligible to be approved). You need to study how quickly the dates move by going through VISA bulletins in the last 3-4 years, but my guess would be about 5 years.
Visa Bulletin for March 2010 (http://travel.state.gov/visa/frvi/bulletin/bulletin_4659.html)
while applying, is it true that my wife can't enter the US?
AFAIK, not on the basis of her GC application, but if she gets another (dual-intent) VISA, say H1B, then she can enter US.
I kind of know the answers but would like to confirm with this forum. I know the situation can be pretty bleak.
Many many thanks,
After 5 years of being PR, you can become US Citizen. After you have become a US citizen, your wife's GC application will no longer be subject to a quota and she should get GC within a few months (processing time).
I'm a green card holder (singapore citizen) who got married while being a US PR. I wish to apply for my wife (singapore citizen) a green card.
How long is the typical wait?
See visa bulletin. Your case is Family Based (FB) 2A. Currently, it is at 01APR06 (i.e., the applications that USCIS received before 04/01/2006 are eligible to be approved). You need to study how quickly the dates move by going through VISA bulletins in the last 3-4 years, but my guess would be about 5 years.
Visa Bulletin for March 2010 (http://travel.state.gov/visa/frvi/bulletin/bulletin_4659.html)
while applying, is it true that my wife can't enter the US?
AFAIK, not on the basis of her GC application, but if she gets another (dual-intent) VISA, say H1B, then she can enter US.
I kind of know the answers but would like to confirm with this forum. I know the situation can be pretty bleak.
Many many thanks,
After 5 years of being PR, you can become US Citizen. After you have become a US citizen, your wife's GC application will no longer be subject to a quota and she should get GC within a few months (processing time).
girlfriend Kelly Rowland – What A Feeling
kshitijnt
05-03 08:39 PM
First of all you are on OPT and your status has not yet changed to H1. It will change to H1 in October.
Your company can cancel H1 with or without your knowledge.
Your new employer can transfer your H1 provided you have the receipt number EAC or WAC number.
If I were you, I would first get the receipt number from your employer and then join the new company on OPT. Also if things do not work out this way, you still join the new company as you are eligible for 17 months OPT extension, you can still qualify for next years H1.
Best strategy is to use as much time on OPT as possible because in that case you dont have to pay social security and medicare taxes.
Your company can cancel H1 with or without your knowledge.
Your new employer can transfer your H1 provided you have the receipt number EAC or WAC number.
If I were you, I would first get the receipt number from your employer and then join the new company on OPT. Also if things do not work out this way, you still join the new company as you are eligible for 17 months OPT extension, you can still qualify for next years H1.
Best strategy is to use as much time on OPT as possible because in that case you dont have to pay social security and medicare taxes.
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vin13
11-10 10:15 AM
On the home page, just below ACTION ALERT on the right side there is this phrase : When will I get my Greencard?
Click on it and you will get the tracker.
Hope this helps.
Thanks. I never knew it was moved there.
Click on it and you will get the tracker.
Hope this helps.
Thanks. I never knew it was moved there.
godblessamerica_2009
02-04 01:27 PM
It's not clear what you really mean.
You say your employer has agreed to file your AOS papers but has not agreed to proceed with the processing. Isn't that one and the same?
Besides you should ask for exactly what the risk is.
Maybe hiring your own immigration attorney or a consult is the best to get your facts straight.
I corrected that. It is the attorney who didn't give a positive sign yet
You say your employer has agreed to file your AOS papers but has not agreed to proceed with the processing. Isn't that one and the same?
Besides you should ask for exactly what the risk is.
Maybe hiring your own immigration attorney or a consult is the best to get your facts straight.
I corrected that. It is the attorney who didn't give a positive sign yet
ckirsch
06-30 09:12 AM
I worked on an L1b in the US for 4 years. Because my company wouldn't sponsor me for a green card, I decided to switch to another company that offered to sponsor me for permanent residency and employ me in Europe in the meantime. Unfortunately, the PERM was audited and the legal entity that applied for the PERM is being dismantled as the result of an acqusition.
As a next step, the company could sponsor me for an L1 (not sure if L1a is possible, otherwise L1b) or an H1, but it's unlikely they'll sponsor me again for a green card soon. I also have an offer from another company, who'd offer to sponsor me for an H1 and possibly for a green card later on.
Since my spouse has a green card (same sex couple, therefore no family green card possible), I would very much like to return to my home in the U.S.
Which one is the safer option - L1x + H1 or H1 + green card? I have two bachelor degrees and 13 years of specialized experience but no masters degree. Any other advice for my situation?
Thanks!
As a next step, the company could sponsor me for an L1 (not sure if L1a is possible, otherwise L1b) or an H1, but it's unlikely they'll sponsor me again for a green card soon. I also have an offer from another company, who'd offer to sponsor me for an H1 and possibly for a green card later on.
Since my spouse has a green card (same sex couple, therefore no family green card possible), I would very much like to return to my home in the U.S.
Which one is the safer option - L1x + H1 or H1 + green card? I have two bachelor degrees and 13 years of specialized experience but no masters degree. Any other advice for my situation?
Thanks!
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