theconfused
12-15 07:57 PM
Dear Sunny,
I will be honest to VO and there is no doubt about it. But i am wonerding if my past condition is going to pose any threat on my visa stamping.
And i am also wondering if anyone has gone with situation like mine?
My company has not applied for GC (labor) yet.
I will be honest to VO and there is no doubt about it. But i am wonerding if my past condition is going to pose any threat on my visa stamping.
And i am also wondering if anyone has gone with situation like mine?
My company has not applied for GC (labor) yet.
wallpaper Anne Hathaway-Marke Seliger
theconfused
12-14 11:59 PM
Dear All
I will be thankful to you if i can get the responses from some folks who have gone through the situation like mine.
Here is the summary of my case -
1) Came to US in 2004 on F1 visa.
2) Got the job in 2006. Company A applied for H1B in 2007. Got H1B visa stamped on passport valid from September 2007 to September 2010.
3) Was laid off on 16th Novmeber 2007.
4) Company B applied for H1B petition on 21st December 2007 using regular processing. No pay check from company B.
5) Company C applied for H1B petition in March 2008 using premium processing. Comapny C applied based on A and not based on B.
6) Company C's petition got approved but with I 797 B. No I - 94 attached. Attorney asked me to leave the country and come back with a new I 94 as i have an almost brand new visa. I did so. And started working with Company C. Meanwhile, company B's petition was approved in May 2008 without Adjustment of Status (means no I 94 attached only I 797 B)
7) Worked with company C from April 2008 to September 2008. Although, no pay check from 16th November 2007 to 1 April 2008 because company B did not provide any.
8) Got the job with company D. Company D applied for H1B petition and it was approved with I 94 attached ( means I 797A).
Now 2010 is coming and my visa will expire in September 2010.
I want to go to India to get the H1B stamp on my passport with the current employer's I 797 (which is employer D).
I do not have any documentation from Company B except receipt number for H1B petition. I do not have any pay check from company B.
I have paycheck from 1st April 2008 to 31 September 2008 from Company C and 1st October 2008 to till date from Company D.
Will i face problem during visa interview?
I am thankful to your comments and suggestions.
Thanks
I will be thankful to you if i can get the responses from some folks who have gone through the situation like mine.
Here is the summary of my case -
1) Came to US in 2004 on F1 visa.
2) Got the job in 2006. Company A applied for H1B in 2007. Got H1B visa stamped on passport valid from September 2007 to September 2010.
3) Was laid off on 16th Novmeber 2007.
4) Company B applied for H1B petition on 21st December 2007 using regular processing. No pay check from company B.
5) Company C applied for H1B petition in March 2008 using premium processing. Comapny C applied based on A and not based on B.
6) Company C's petition got approved but with I 797 B. No I - 94 attached. Attorney asked me to leave the country and come back with a new I 94 as i have an almost brand new visa. I did so. And started working with Company C. Meanwhile, company B's petition was approved in May 2008 without Adjustment of Status (means no I 94 attached only I 797 B)
7) Worked with company C from April 2008 to September 2008. Although, no pay check from 16th November 2007 to 1 April 2008 because company B did not provide any.
8) Got the job with company D. Company D applied for H1B petition and it was approved with I 94 attached ( means I 797A).
Now 2010 is coming and my visa will expire in September 2010.
I want to go to India to get the H1B stamp on my passport with the current employer's I 797 (which is employer D).
I do not have any documentation from Company B except receipt number for H1B petition. I do not have any pay check from company B.
I have paycheck from 1st April 2008 to 31 September 2008 from Company C and 1st October 2008 to till date from Company D.
Will i face problem during visa interview?
I am thankful to your comments and suggestions.
Thanks
VivekAhuja
06-20 07:09 PM
Yes....you can do all those.... even though I cannot see a DESPERATE reason to "shift" to H1-B or to be in the country on H1-B when your actually work status is infact H1-B (even if enetered on AP) and your immigration status is parolee.
2011 July 2010 ; Anne Hathaway
ak27
05-22 12:43 PM
You will need to pay for every renewal.. I have paid twice so far... Good for USCIS to make money...
Do we need to pay $340 for the second renewal of EAD and AP?
USCIS page says, no fee only if you have filed 485 after July 30, 2007.
Do we need to pay $340 for the second renewal of EAD and AP?
USCIS page says, no fee only if you have filed 485 after July 30, 2007.
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nat23
03-09 02:06 PM
Hi nat23,
Thank you very much for your reply.
Currently i am not enrolled into any company benefits like Health Insurnace etc as i have those benefits from my spose company.
This company said that they are paying thier attorney firm 5200$ for H1b and i am not paying anything.
For this 5 months, i will be H4 and will not get paied by this company.
Question is:
1. Can the company now apply and pay for H1b for Oct 1st start date and then later can they tell me not to hire me anymore?
If the company wants they can do it. Nothing can stop them from doing. However, its common sense they wouldnt unless they have a very compelling reason as they are spending 5 grand on it.
2. Can mutiple employers file for h1B with same start date of Oct 1st?
If yes, then i would start looking for other jobs as my backup H1b jobs.
From what I know the answer is Yes. However, I would recommend you talk to someone else about it as well.
Please advise. Much appreciated - thanks
Hope this helps. I wouldnt be worried too much if they are sponsoring my H1.
Thank you very much for your reply.
Currently i am not enrolled into any company benefits like Health Insurnace etc as i have those benefits from my spose company.
This company said that they are paying thier attorney firm 5200$ for H1b and i am not paying anything.
For this 5 months, i will be H4 and will not get paied by this company.
Question is:
1. Can the company now apply and pay for H1b for Oct 1st start date and then later can they tell me not to hire me anymore?
If the company wants they can do it. Nothing can stop them from doing. However, its common sense they wouldnt unless they have a very compelling reason as they are spending 5 grand on it.
2. Can mutiple employers file for h1B with same start date of Oct 1st?
If yes, then i would start looking for other jobs as my backup H1b jobs.
From what I know the answer is Yes. However, I would recommend you talk to someone else about it as well.
Please advise. Much appreciated - thanks
Hope this helps. I wouldnt be worried too much if they are sponsoring my H1.
Jerry2009
05-11 02:04 PM
desimass77, thanks a lot for your response! Congratulations on your loan approval.
My wife's school insists that AP document from USCIS is not a valid document unless it has been stamped by customs, which forces us to re-enter US :mad:
I will argue with school again. Thanks a lot for your information.
My wife's school insists that AP document from USCIS is not a valid document unless it has been stamped by customs, which forces us to re-enter US :mad:
I will argue with school again. Thanks a lot for your information.
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akhilmahajan
04-13 01:35 PM
AFAIK, for summer the courses can be part time. This was the case back in 2001 when i went for my masters.
Please check this with the school and your wife can take one evening class and be enrolled for atleast 3-4 months and move on to the F-1 Visa. Community college will be a good place to start, as she will not be spending a lot of money also.
I hope this helps. All the best.
GO I/WE GO. TOGETHER WE CAN.
Please check this with the school and your wife can take one evening class and be enrolled for atleast 3-4 months and move on to the F-1 Visa. Community college will be a good place to start, as she will not be spending a lot of money also.
I hope this helps. All the best.
GO I/WE GO. TOGETHER WE CAN.
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psychman
11-11 07:00 PM
This is almost identical to the Modifying a Databound Collection case: http://www.kirupa.com/blend_wpf/modifying_databound_collection_pg1.htm
Thanks again Kirupa. I went back over the above post and it helped me answere some of the questions I had, but I do have one more if you don't mind. I have this little project almost wrapped up now. When complete the app will do the following:
-Imports Metadata.xml file generated by Deep Zoom Composer
-On import it will populate the databound image and text boxes with the original data
-On import it will also add four new "tag" elements to the original xml file
-The user will be able to navigate all of the original images and coresponding tags (your MIX08 presentation helped me create the navigation piece ((thanks!))
-The user can add new "tag" data to any of the old and new fields and the new data will overwrite the original xml file when the "save" button is clicked.
I have everything working great. Now I just need to figure out how to take my new "tag" elements and add them into all of the nodes on import. I know how to do this to one node, but I am not sure how to add the new elements to every "Image" node in the file. Here is the code I am using to make this work for the first node:
XmlDocument doc = new XmlDocument();
doc.Load (variable pointing to xml file);
XmlDocumentFragment docFrag = doc.CreateDocumentFragment();
docFrag.InnerXml = "<testItem> test </testItem>";
doc.DocumentElement.FirstChild.NextSibling.AppendC hild(docFrag);
doc.Save("Metadata.xml");
Thanks again Kirupa. I went back over the above post and it helped me answere some of the questions I had, but I do have one more if you don't mind. I have this little project almost wrapped up now. When complete the app will do the following:
-Imports Metadata.xml file generated by Deep Zoom Composer
-On import it will populate the databound image and text boxes with the original data
-On import it will also add four new "tag" elements to the original xml file
-The user will be able to navigate all of the original images and coresponding tags (your MIX08 presentation helped me create the navigation piece ((thanks!))
-The user can add new "tag" data to any of the old and new fields and the new data will overwrite the original xml file when the "save" button is clicked.
I have everything working great. Now I just need to figure out how to take my new "tag" elements and add them into all of the nodes on import. I know how to do this to one node, but I am not sure how to add the new elements to every "Image" node in the file. Here is the code I am using to make this work for the first node:
XmlDocument doc = new XmlDocument();
doc.Load (variable pointing to xml file);
XmlDocumentFragment docFrag = doc.CreateDocumentFragment();
docFrag.InnerXml = "<testItem> test </testItem>";
doc.DocumentElement.FirstChild.NextSibling.AppendC hild(docFrag);
doc.Save("Metadata.xml");
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dpp
02-06 09:01 PM
Whenever the H1 is transferred, H4 also has to be transferred.
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james_bond_007
04-03 01:57 AM
thank you roseball.. I already booked an infopass appointment for Monday. If the additional review is done by DHS, will contacting the Ombudsman's office help in anyway ? anybody have experience in resolving the "additional review" , please update.
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pd052009
04-28 04:08 PM
Please explain why not?
I think if 5000 people from EB3 India with PD in 2007 moved to EB2, then that means 5000 people are reduced from the EB3 India queue?
The fact is those 5000 people are not in the begining of the line. So you don't see date movement for EB3.
I think if 5000 people from EB3 India with PD in 2007 moved to EB2, then that means 5000 people are reduced from the EB3 India queue?
The fact is those 5000 people are not in the begining of the line. So you don't see date movement for EB3.
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seekingadvice
12-07 03:10 PM
Hi Everyone,
We r in a totally confused state of H1,H4,Visa & passport. I would be very gr8ful if u can help.
The thing is my husbnad is on H1 & me on H4.
His H1 was getting expired in Jan07 & has been extended till May08.
His passport is getting expired in Sep07(the 10yrs validity will be over & we will need to get a new passport plz mind new not renewed).
We r going to India in Jan-Feb07 & would like to get the Visa stamped there. Now the US consulate says that you present a passport that is valid for at least 6 months beyond your date of anticipated stay in the U.S. i.e May08 in our case.
Questions:-
1) To take an appointment in India we need to get the HDFC bar code, for which we need to present the copy of first page of passport. Can we take an appoinment on the basis of old passport & then carry both the old & new passport at the time of interview?
If yes, on which passport will we get the stamp? If only the old passport then do we need to take another appointment later to get the new passport stamped.
2) Do we need to take seperate appointment for my husband & me to get the stamping done in India ?
3) Will appointment be available in Feb or we r too late ?
We have not yet sent the application for new passport. Not getting a clear cut solution for this situation we even wrote to the US consulate but no relevant reply.Plz suggest what is to be done.
Thanx in advance.:)
We r in a totally confused state of H1,H4,Visa & passport. I would be very gr8ful if u can help.
The thing is my husbnad is on H1 & me on H4.
His H1 was getting expired in Jan07 & has been extended till May08.
His passport is getting expired in Sep07(the 10yrs validity will be over & we will need to get a new passport plz mind new not renewed).
We r going to India in Jan-Feb07 & would like to get the Visa stamped there. Now the US consulate says that you present a passport that is valid for at least 6 months beyond your date of anticipated stay in the U.S. i.e May08 in our case.
Questions:-
1) To take an appointment in India we need to get the HDFC bar code, for which we need to present the copy of first page of passport. Can we take an appoinment on the basis of old passport & then carry both the old & new passport at the time of interview?
If yes, on which passport will we get the stamp? If only the old passport then do we need to take another appointment later to get the new passport stamped.
2) Do we need to take seperate appointment for my husband & me to get the stamping done in India ?
3) Will appointment be available in Feb or we r too late ?
We have not yet sent the application for new passport. Not getting a clear cut solution for this situation we even wrote to the US consulate but no relevant reply.Plz suggest what is to be done.
Thanx in advance.:)
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sundarpn
06-30 10:55 PM
eb3retro,
You changed on h1b transfer right? not on EAD?
I am just curious if a new employer can keep extending h1b based on previous employers I140 (and the fact that 180 days have passed since 485).
thanks
You changed on h1b transfer right? not on EAD?
I am just curious if a new employer can keep extending h1b based on previous employers I140 (and the fact that 180 days have passed since 485).
thanks
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kishdam
01-08 12:41 PM
Do we need photo copies (about originals - having original labor is not possible it would have been submitted with I140; most employer keep the original I140 as well). Some companies dont provide copies of labor or I140.
Is it risky to change jobs and invoke AC21 in this situation? (This is the scenario: labor, I140 is approved. I485 is pending for six+ months. EAD and AP are approved and are with cadidate; have six months pay stubs/tax info to prove that have been original labor sponsored employer for six months after filing I485).
Thanks.
Is it risky to change jobs and invoke AC21 in this situation? (This is the scenario: labor, I140 is approved. I485 is pending for six+ months. EAD and AP are approved and are with cadidate; have six months pay stubs/tax info to prove that have been original labor sponsored employer for six months after filing I485).
Thanks.
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Ann Ruben
01-20 09:11 AM
Abhay,
Was the RFE for the I-485 or for the I-140? If for the I-485, has the I-140 been approved? What evidence was requested?
Ann
Was the RFE for the I-485 or for the I-140? If for the I-485, has the I-140 been approved? What evidence was requested?
Ann
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flthere
08-12 06:01 PM
That wud be nice, even if they combine the fees :)
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lacrossegc
09-23 11:40 AM
You can work for a while but it will be considered UNAUTHORISED employment. Accumulation of 6 months of UNAUTHORISED STAY + UNAUTHORISED EMPLOYMENT will make you ineligible for I485. That is a huge risk to take.....
OH law firm : A flood of foreign workers and their family members filed around this time last year the employment-based EB-485 applications along with or followed by filing of their ancillary applications of EAD and/or Advance Parole. Since the initial EAD was valid only for one year. these applicants are currently filing the EAD renewals en masse. However, some of these applicants are likely to face failure of receiving the renewed cards timely before the initial card expires for either the USCIS backlogs or security check issues. Those who face such gap should remember that the unauthorized employment will make them ineligible for I-485 approval unless they are eligible for the 245(K) relief. In this regard, the recently released 245(K) Memorandum was "very timely" particularly for the July 2007 VB fiasco filers of I-485 applications in that any period of unauthorized employment "after" filing of their I-485 applications is added and tacked on any period of their violation of nonimmigrant status and/or unauthorized employment which had been aggregated within six months "immediately prior to" filing of their I-485 applications since their "last admission to the U.S." For instance, if one filed I-485 applications with the record of less than six months of violation of nonimmigrant status and/or unauthorized employment immediately prior to filing I-485 application since the last admission to the U.S., he or she was eligible for I-485 application filing deespite their violation of the law. However, should the same applicant engage in unauthorized employment while they wait for the I-485 applications, he or she could exceed total of six months of violations when they aggregate the total period of violation prior to I-485 filing and "post" filing of I-485 application. Assuming the same individual accumulated overstay of I-94 for two months and unauthorized employment for two months resulting in total violation for a period of four months immediately before he or she submitted I-485 application, any unauthorized employment "after" filing and while waiting for I-485 application that exceeds two months will make him or her ineligible for I-485 approval. Close reading of the 245(K) Memorandum will tell such applicant that any employment between expiration of the current EAD and the renewed EAD is considered unauhorized employment for the purpose of 245(K) eligibility. Pending renewal application does not give the alien any employment authorization. Accordingly, should the extension of EAD be not received aftre the expiration of the initial EAD, he or she should immediately stop the work until the renewed EAD card is received to toll the running of click of clock of unauthorized employment and potential deadly consequences of ineligibility of the I-485 approval. This advisory applies only to those who work solely on the EAD rather than on a valid H-1B or L visa status.
OH law firm : A flood of foreign workers and their family members filed around this time last year the employment-based EB-485 applications along with or followed by filing of their ancillary applications of EAD and/or Advance Parole. Since the initial EAD was valid only for one year. these applicants are currently filing the EAD renewals en masse. However, some of these applicants are likely to face failure of receiving the renewed cards timely before the initial card expires for either the USCIS backlogs or security check issues. Those who face such gap should remember that the unauthorized employment will make them ineligible for I-485 approval unless they are eligible for the 245(K) relief. In this regard, the recently released 245(K) Memorandum was "very timely" particularly for the July 2007 VB fiasco filers of I-485 applications in that any period of unauthorized employment "after" filing of their I-485 applications is added and tacked on any period of their violation of nonimmigrant status and/or unauthorized employment which had been aggregated within six months "immediately prior to" filing of their I-485 applications since their "last admission to the U.S." For instance, if one filed I-485 applications with the record of less than six months of violation of nonimmigrant status and/or unauthorized employment immediately prior to filing I-485 application since the last admission to the U.S., he or she was eligible for I-485 application filing deespite their violation of the law. However, should the same applicant engage in unauthorized employment while they wait for the I-485 applications, he or she could exceed total of six months of violations when they aggregate the total period of violation prior to I-485 filing and "post" filing of I-485 application. Assuming the same individual accumulated overstay of I-94 for two months and unauthorized employment for two months resulting in total violation for a period of four months immediately before he or she submitted I-485 application, any unauthorized employment "after" filing and while waiting for I-485 application that exceeds two months will make him or her ineligible for I-485 approval. Close reading of the 245(K) Memorandum will tell such applicant that any employment between expiration of the current EAD and the renewed EAD is considered unauhorized employment for the purpose of 245(K) eligibility. Pending renewal application does not give the alien any employment authorization. Accordingly, should the extension of EAD be not received aftre the expiration of the initial EAD, he or she should immediately stop the work until the renewed EAD card is received to toll the running of click of clock of unauthorized employment and potential deadly consequences of ineligibility of the I-485 approval. This advisory applies only to those who work solely on the EAD rather than on a valid H-1B or L visa status.
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psaxena
07-07 12:43 PM
Shy to forums
Why can't your friend post this himself?
You are such a good friend that you care about his immigration needs. ;)
Why can't your friend post this himself?
You are such a good friend that you care about his immigration needs. ;)
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GCwaitforever
04-12 12:31 AM
Why not use people who already agreed to volunteer before by looking at their profiles?
FinalGC
09-16 11:55 AM
I am not sure if there is a law that requires us to stay with the GC employer after getting GC. However, many lawyers have suggested a general rule of thumb of at least 6 months after getting GC approval.
However, the rule that can be invoked to prove you have stayed with the GC sponsoring company could be the 245(i) which requires a 180 days after filing 485 application, which I believe many of us must have already abided by.....
However, the rule that can be invoked to prove you have stayed with the GC sponsoring company could be the 245(i) which requires a 180 days after filing 485 application, which I believe many of us must have already abided by.....
milind70
07-26 11:06 AM
Something does not sound right here. How can the employer "misplace" the upper portion of the approval notice? In the first place, why did he even separate the upper portion and the lower portion? He is supposed to give you the entire document as a single piece of paper.
Some thing really does not sound right here. By law, he is required to give you the approval notice.
I believe that Uppoer portion of the notice is to be retained by the mployer but they usually make a copy and give you the entire 797 for stamping ,technically they are not supposed to give you the upper portion.
Some thing really does not sound right here. By law, he is required to give you the approval notice.
I believe that Uppoer portion of the notice is to be retained by the mployer but they usually make a copy and give you the entire 797 for stamping ,technically they are not supposed to give you the upper portion.
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