kondur_007
11-09 02:54 PM
Dear all,
Currently working for ABC company with L1B visa, which expiring in Dec 19th 2008 and i am here in USA now along with my dependents.
But this year i got my H1B approval and having my documents, as my filing was done from India, i do not have I-94 at this time.
My quires are.
1. Do i need to go for stamping in Canada or Mexico
2. Can i work for company B with my H1B approval
3. To start my new job, do my employer should change my status
4. If going for stamping do my dependents also should join me.
Actually i have very short time to make my plans , please help in finding solutions for all my quires.
With Regards
Ganesh
I have an entirely different opinion than what is mentioned above; so please read carefully:
I understand that you are currently working on L1B visa and want to switch to H1b from Dec 19th. Your H1 petition is already approved.
1. If your H1 approval notice (form I 797) has I-94 attached to it, that means it came with CHANGE OF STATUS. In that case you can simply start working from the start date mentioned on attached I 94 (will need new I 9 filed with employer; showing the change of status from that date as well).
Now, your dependents will need to be on H4 status. Was their change of status filed along with your H1? If so and they all have H4 approval notice with attached I 94; they are ok and none of you need to go out of US for visa stamping.
If you or your family do not have change of status (and therefore no attached I 94), change of status can even be filed now from within US; if that was not filed with original H1 petition; But you must file it before you can start working on H1.
Another option is to go to Canada or Mexico for stamping for yourself and the family members; this is especially a good option if your education is from within US (something they can verify); if not they can ask you to go back to India to do so.
So all depends on two things:
1. Does your H1 approval notice have I 94 attached to it? what is the start date on that I 94?
2. Do all your family members have H4 approval notice along with I 94 attached?
If not; you either have to file change of status (and also H4 status for dependents if not already done) from here OR you have to get the visa stamped.
Good Luck.
Currently working for ABC company with L1B visa, which expiring in Dec 19th 2008 and i am here in USA now along with my dependents.
But this year i got my H1B approval and having my documents, as my filing was done from India, i do not have I-94 at this time.
My quires are.
1. Do i need to go for stamping in Canada or Mexico
2. Can i work for company B with my H1B approval
3. To start my new job, do my employer should change my status
4. If going for stamping do my dependents also should join me.
Actually i have very short time to make my plans , please help in finding solutions for all my quires.
With Regards
Ganesh
I have an entirely different opinion than what is mentioned above; so please read carefully:
I understand that you are currently working on L1B visa and want to switch to H1b from Dec 19th. Your H1 petition is already approved.
1. If your H1 approval notice (form I 797) has I-94 attached to it, that means it came with CHANGE OF STATUS. In that case you can simply start working from the start date mentioned on attached I 94 (will need new I 9 filed with employer; showing the change of status from that date as well).
Now, your dependents will need to be on H4 status. Was their change of status filed along with your H1? If so and they all have H4 approval notice with attached I 94; they are ok and none of you need to go out of US for visa stamping.
If you or your family do not have change of status (and therefore no attached I 94), change of status can even be filed now from within US; if that was not filed with original H1 petition; But you must file it before you can start working on H1.
Another option is to go to Canada or Mexico for stamping for yourself and the family members; this is especially a good option if your education is from within US (something they can verify); if not they can ask you to go back to India to do so.
So all depends on two things:
1. Does your H1 approval notice have I 94 attached to it? what is the start date on that I 94?
2. Do all your family members have H4 approval notice along with I 94 attached?
If not; you either have to file change of status (and also H4 status for dependents if not already done) from here OR you have to get the visa stamped.
Good Luck.
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learning01
05-23 02:31 PM
Currently there is no way to pay this USD 100 from US. You have to arrange a contact, your relative etc, ask them to go to designated HDFC banks in India, pay the fees. Get the bar code # on the HDFC receipt over phone, and using that start filling an online application.
Remember, you NEED the ORIGINAL receipt to attend the visa interview. So, get it by Regd. Post or let your contact keep it in a safe place, you collect that when you meet him in India.
please tell me how can we pay $100 fee through online from USA. for getting that receipt number in order to file application for stamping?
Jc_gc
Remember, you NEED the ORIGINAL receipt to attend the visa interview. So, get it by Regd. Post or let your contact keep it in a safe place, you collect that when you meet him in India.
please tell me how can we pay $100 fee through online from USA. for getting that receipt number in order to file application for stamping?
Jc_gc
dxldad
05-18 12:45 PM
I was not aware that EB3 were getting over regular allotment....but porting is the only way i see people getting the GC in a reasonable time-frame if you are stuck in EB3 queue :cool:
An analogy would be to compare porting to the HOV traffic lane. If you qualify, do port and you would get to your destination faster. It is perfectly legal too and no one should be complaining about people porting if they qualify for it.
An analogy would be to compare porting to the HOV traffic lane. If you qualify, do port and you would get to your destination faster. It is perfectly legal too and no one should be complaining about people porting if they qualify for it.
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nomorelogins
11-27 04:26 PM
http://en.wikipedia.org/wiki/The_Goose_That_Laid_the_Golden_Eggs
of course you have to feed & take care ( issue ead & ap ), but would you rather get a egg a day or would you prefer to cut it open
of course you have to feed & take care ( issue ead & ap ), but would you rather get a egg a day or would you prefer to cut it open
more...
eb3retro
08-21 01:15 PM
1) Are there any issues traveling on AP under the following circumstances??
- there's no current H1 stamp, although H1 extension for 3 years has been approved
- AP is expiring within 2-3 days of planned return?
- New AP is filed/pending, Receipt Notice received
- Employer is a Fortune 500
2) I've read previously that they ask you if you've changed employers since filing I-485. Anybody familiar with scenarios where employers have changed??
3) Docs I need to carry, besides... :
- H1 Approval notices?? (All of them since day 1?)
- I-485 Receipt Notice
- I-140 Approval Notice (do i need this?)
- Current AP Approval Notice
- Pending AP Receipt Notice
- Paystub??
- Letter from employer??? (do I need this?)
hi jazzbythebay,
i was in pretty much in the same state like you a couple of months ago. i quit the original employer who sponsored by gc, used AC21 and EAD to join a new employer, and then i had to travel to india within a week of joining the new company. I infact had quit the company since I had an offer with another big multinational and i went to india and came back using AP. no h1 stamping. in both the above situations, i have not informed uscis. so literally when i went out of US and came back, i was unemployed. luckily for me they did not ask me the question of "are you working for the same employer that sponsored ur gc"? this is in SFO airport. as long as u have a valid ap, you could get in, its just that you may get some questions. just be prepared for that. Just show them the documents only if they ask for it. but keep it in hand just for your satisfaction. To me, they dont know much abt ac21 etc (atleast not thoroughly), so we dont need to teach them anything. my only worry in your case is, that you have only 2 days before your expiry of AP. So, make sure you take the ap renewal receipt with you, that alone could just prove them that your renewal is in process. hope this helps..bon voyage...
- there's no current H1 stamp, although H1 extension for 3 years has been approved
- AP is expiring within 2-3 days of planned return?
- New AP is filed/pending, Receipt Notice received
- Employer is a Fortune 500
2) I've read previously that they ask you if you've changed employers since filing I-485. Anybody familiar with scenarios where employers have changed??
3) Docs I need to carry, besides... :
- H1 Approval notices?? (All of them since day 1?)
- I-485 Receipt Notice
- I-140 Approval Notice (do i need this?)
- Current AP Approval Notice
- Pending AP Receipt Notice
- Paystub??
- Letter from employer??? (do I need this?)
hi jazzbythebay,
i was in pretty much in the same state like you a couple of months ago. i quit the original employer who sponsored by gc, used AC21 and EAD to join a new employer, and then i had to travel to india within a week of joining the new company. I infact had quit the company since I had an offer with another big multinational and i went to india and came back using AP. no h1 stamping. in both the above situations, i have not informed uscis. so literally when i went out of US and came back, i was unemployed. luckily for me they did not ask me the question of "are you working for the same employer that sponsored ur gc"? this is in SFO airport. as long as u have a valid ap, you could get in, its just that you may get some questions. just be prepared for that. Just show them the documents only if they ask for it. but keep it in hand just for your satisfaction. To me, they dont know much abt ac21 etc (atleast not thoroughly), so we dont need to teach them anything. my only worry in your case is, that you have only 2 days before your expiry of AP. So, make sure you take the ap renewal receipt with you, that alone could just prove them that your renewal is in process. hope this helps..bon voyage...
sparklinks
11-19 11:09 AM
I have been trying to change my address online for the last two days and it looks like the system is down. I called them up and they are not able to do it either. What a mess. I hope they don't mail our applications till the issues are resolved.
Also if I only want to change address on pending applications but not AR-11, there is no such option (other than calling them).
It looks like their systems are down since yesterday. Today even case status wasnt working for a while (it seems to be working now).
Anyone else having issues?
Yes ,I had the same issue, try now its working good
Also if I only want to change address on pending applications but not AR-11, there is no such option (other than calling them).
It looks like their systems are down since yesterday. Today even case status wasnt working for a while (it seems to be working now).
Anyone else having issues?
Yes ,I had the same issue, try now its working good
more...
diptam
04-11 11:16 PM
I've a terrible situation now:
My current H1 is probably going to be cancelled by Apr 30th , I'm looking for a Job on my EAD and will hopefully get one soon by Apr 30th.
However H1 cancellation means H4 will get auto-cancelled - Is that true ? If yes, then my spouse will lose her status ?? She couldn't apply for her "derivative 485" when I filed mine in July 2007 due to wrong DOB on Birth Certificate. Pricipal Applicant's priority Date is Mar 2005 and EB3-I and there is no signs for it to be current within next 3-4 years.
What are my spouse's options without falling out of status or leaving the country and remain separated for 3-4 yrs or more years till the PD gets current ? We have a Kid who is US citizen.
Thanks much!
My current H1 is probably going to be cancelled by Apr 30th , I'm looking for a Job on my EAD and will hopefully get one soon by Apr 30th.
However H1 cancellation means H4 will get auto-cancelled - Is that true ? If yes, then my spouse will lose her status ?? She couldn't apply for her "derivative 485" when I filed mine in July 2007 due to wrong DOB on Birth Certificate. Pricipal Applicant's priority Date is Mar 2005 and EB3-I and there is no signs for it to be current within next 3-4 years.
What are my spouse's options without falling out of status or leaving the country and remain separated for 3-4 yrs or more years till the PD gets current ? We have a Kid who is US citizen.
Thanks much!
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lazycis
10-05 11:15 AM
Yes, you are right. Now that I think about it, I do remember seeing that a person can apply for their AOS within 6 months of their being out-of-status. I am in close touch w/ my attorney, and he seems to be OK with the situation, but after seeing some disturbing tales on these forums, I wanted to confirm.
Yes, but the time she was without status will count as unlawful presence (depending on I-94). No worries, only 180 days or more of unlawful presence will trigger a three-year inadmissibility ban (see the INA � 212(a)(9)(B)(i)(I)).
I would also advise her not to leave the US until she gets an approval.
Yes, but the time she was without status will count as unlawful presence (depending on I-94). No worries, only 180 days or more of unlawful presence will trigger a three-year inadmissibility ban (see the INA � 212(a)(9)(B)(i)(I)).
I would also advise her not to leave the US until she gets an approval.
more...
enthu999
07-22 10:00 PM
Please check my question in blue below
looks like..becuase people travel abroad while AOS is in process.
looks like..becuase people travel abroad while AOS is in process.
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looneytunezez
04-06 04:33 PM
pertinent????........ really? :cool: I would hope it is pertinent to what you do.....:rolleyes:
i think you should consult a labor attorney to find out if the "contract" is valid and enforcable in your state.
Hi,
I signed an agreement with my employer who is holding my H1 visa. Agreement is saying I should not work for same client for 1 year. While I am on project, client is offering me pertinent job. My employer is saying I should not accept the employment offer from client. If I ignore my employer and accepts the offer from my client, I am going to be in trouble?
Thank you very much.
Regards,
Venkat.
i think you should consult a labor attorney to find out if the "contract" is valid and enforcable in your state.
Hi,
I signed an agreement with my employer who is holding my H1 visa. Agreement is saying I should not work for same client for 1 year. While I am on project, client is offering me pertinent job. My employer is saying I should not accept the employment offer from client. If I ignore my employer and accepts the offer from my client, I am going to be in trouble?
Thank you very much.
Regards,
Venkat.
more...
acecupid
08-02 09:31 AM
hi thank you once again.
my project is not that much long term project . after completing project again i have to go for " X " location only . In this recession time getting project in same place is very tough and then for every project we cant move our whole family but we single persons can adjust and stay with some friends in that project location.
I said i moved not we all. sorry for that i might have tell you clearly before . i thought if i write everything its looks like bigger matter. so for suggesting me some guys cant take that much time to read full thing. so i mentioned only important things. anyway i really appriciate your good efforts . thank you.
In that case I dont believe you have to apply for change of address. You can continue to maintain location "X" as your permanent address.
my project is not that much long term project . after completing project again i have to go for " X " location only . In this recession time getting project in same place is very tough and then for every project we cant move our whole family but we single persons can adjust and stay with some friends in that project location.
I said i moved not we all. sorry for that i might have tell you clearly before . i thought if i write everything its looks like bigger matter. so for suggesting me some guys cant take that much time to read full thing. so i mentioned only important things. anyway i really appriciate your good efforts . thank you.
In that case I dont believe you have to apply for change of address. You can continue to maintain location "X" as your permanent address.
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Googler
02-08 02:40 PM
All,
I did not contact the Ombudsmans Office or Aytes or AILA or DOS in order to discuss my personal case. It was just a part of my now years long efforts to bring attention to certain issues -- I've been speaking with staff at the Ombudsmans office for several years now, some issues and recommendations that have appeared in his report over the years were the result of these conversations.
I did not contact the Ombudsmans Office or Aytes or AILA or DOS in order to discuss my personal case. It was just a part of my now years long efforts to bring attention to certain issues -- I've been speaking with staff at the Ombudsmans office for several years now, some issues and recommendations that have appeared in his report over the years were the result of these conversations.
more...
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sodh
07-11 02:37 AM
Lage Raho Iv Bhai
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sam_hoosier
12-18 12:37 PM
Looks like the EB2 dates for india have retrogressed by two years. I am applying for green card and would like to know if I shouls go with EB2 or EB3.
Thanks for your help...
I dont think its as simple as choosing between EB2 or EB3. It would depend on your job description and which category the job qualifies for. Not all jobs would qualify for EB2. You should consult an immigration attorney to discuss your case.
Thanks for your help...
I dont think its as simple as choosing between EB2 or EB3. It would depend on your job description and which category the job qualifies for. Not all jobs would qualify for EB2. You should consult an immigration attorney to discuss your case.
more...
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boreal
08-24 07:30 PM
Hello GreatGuy
You can be a lil more cordious and polite :rolleyes:
At least if you expect somebody to answer your question.
Hey guys knock it off. Labor substitution is legally allowed
till date. If this guy get a pre approved labor let him accept
it and get ahead. Nobody blocks you to accept pre approved
labor. I'm retrogressed with PD of 2003 on EB3 India. But for
that reason I dont think I'm going to shout at somebody using
a pre approved labor and get ahead of me.
Now to answer you question Mr GREAT.
DOL can replace if its not approved. Mainly they look at the
education and experience.
This situation can be a lil dicey. If I were you I would
get the reference no or something of that labor cert and verify
all the details. Secondly I would do a thorough research on this
employer. It would have been a lil better if its already approved.
On 2002 I got a pre approved labor offer. I got a copy of
the labor from this employer and had it looked by an attorney.
Atty said its a lil risky to accept it. So I did not take it.
Good luck GREAT. I expect you to be a lil more polite on these
forums.
Ok now we know who is desperately looking for one such pre-approved LCs...All you blood-sucking desi consultancies...one more for you guys to earn money!!
You can be a lil more cordious and polite :rolleyes:
At least if you expect somebody to answer your question.
Hey guys knock it off. Labor substitution is legally allowed
till date. If this guy get a pre approved labor let him accept
it and get ahead. Nobody blocks you to accept pre approved
labor. I'm retrogressed with PD of 2003 on EB3 India. But for
that reason I dont think I'm going to shout at somebody using
a pre approved labor and get ahead of me.
Now to answer you question Mr GREAT.
DOL can replace if its not approved. Mainly they look at the
education and experience.
This situation can be a lil dicey. If I were you I would
get the reference no or something of that labor cert and verify
all the details. Secondly I would do a thorough research on this
employer. It would have been a lil better if its already approved.
On 2002 I got a pre approved labor offer. I got a copy of
the labor from this employer and had it looked by an attorney.
Atty said its a lil risky to accept it. So I did not take it.
Good luck GREAT. I expect you to be a lil more polite on these
forums.
Ok now we know who is desperately looking for one such pre-approved LCs...All you blood-sucking desi consultancies...one more for you guys to earn money!!
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royus77
06-18 12:35 PM
Hey Bro, as far as I know they only test for HIV, Siphilis,TB and Gonorrhea. I am loking at the copy of my medicals right now and I don't see Herpes mentioned anywhere. So I dont think the blood test looks for that. So don't jump the gun and tell the surgeon that you have it. My surgeon didn't even do a genital exam only checked my groin for lymph nodes. SO as far I can see you will be OK. Just take it easy and go for the test. ;)
Will the doctor share the results of the Tests with us ?Can we assume if we get the sealed envelope ,every thing is fine ?
Will the doctor share the results of the Tests with us ?Can we assume if we get the sealed envelope ,every thing is fine ?
more...
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GCOP
09-24 11:49 AM
This was just a proposal for EB visa Recapture First and then FB Visa Recapture, as nothing is passing in the current form of the bill. I think we have discussed this proposal enough, Please Close this thread.
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GCSOON-Ihope
11-02 11:47 AM
Some people are really highly sprung and get mad very quickly!
If you had expressed yourself better (from your first post, I believed you wanted to file by yourself), I wouldn't have bothered with my response.
Saying that, you are right: attorneys do screw up. It happened to me...
But practically speaking, considering how complex a file can be, good luck to you on checking an attorney's job.
If you had expressed yourself better (from your first post, I believed you wanted to file by yourself), I wouldn't have bothered with my response.
Saying that, you are right: attorneys do screw up. It happened to me...
But practically speaking, considering how complex a file can be, good luck to you on checking an attorney's job.
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MDix
02-04 09:07 AM
Gc_On_Demand,
I remember that last year your prediction about spill-over was almost close. What's your take this year.
Thanks
MDix
States accumulate spill over from Q1 to Q3 but doesnot apply. Those extra visas will not be given to any one .. Once gone from quarter then it cannot be given to any one. In last quarter it will go to Eb2 India.
I remember that last year your prediction about spill-over was almost close. What's your take this year.
Thanks
MDix
States accumulate spill over from Q1 to Q3 but doesnot apply. Those extra visas will not be given to any one .. Once gone from quarter then it cannot be given to any one. In last quarter it will go to Eb2 India.
clockwork
07-06 10:57 AM
I apologize for not searching it enough. Thanks -
sodh
07-18 05:05 PM
I can donate for this case if any Lawyer can help him.
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