millersoul
12-15 01:31 PM
Hi all,
I graduated this June and started working in a company on my OPT status (valid July 2009 to July 2010) since July until now. In October, my company filed H-1B petition, and on Nov 24, we got approval notice I-797B (without I-94) instead of I-797A, as well as a DENIAL of concurrent change of status.
Shortly after we filed the petition, I took a short trip to my home country and then come back(with OPT status) on Nov 1.
In the notice, it states "...the beneficiary departed the US on Oct. 15 2009, thereby abandoning the requested change of status. As such, the beneficiary has failed to maintain his F-1 status. Accordingly, the concurrent request for change of nonimmigrant status is denied."
I am really confused here because I re-entered the US with my F-1 OPT status on Nov. 1 without any issue.
What should I do now in order to get my H-1B visa? Am I still maintaining F-1 status (legally staying in the US) even if it stated that I have failed to??
Great Thanks in advance!!
MT
I graduated this June and started working in a company on my OPT status (valid July 2009 to July 2010) since July until now. In October, my company filed H-1B petition, and on Nov 24, we got approval notice I-797B (without I-94) instead of I-797A, as well as a DENIAL of concurrent change of status.
Shortly after we filed the petition, I took a short trip to my home country and then come back(with OPT status) on Nov 1.
In the notice, it states "...the beneficiary departed the US on Oct. 15 2009, thereby abandoning the requested change of status. As such, the beneficiary has failed to maintain his F-1 status. Accordingly, the concurrent request for change of nonimmigrant status is denied."
I am really confused here because I re-entered the US with my F-1 OPT status on Nov. 1 without any issue.
What should I do now in order to get my H-1B visa? Am I still maintaining F-1 status (legally staying in the US) even if it stated that I have failed to??
Great Thanks in advance!!
MT
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andy garcia
05-22 05:11 PM
Hello
I am a physician who is doing his residency on H1b. My wife has applied for green card with a priority date 4/2004 (employment based category 3). I have applied for my green card with her. Now we are in I 485 stage.
NOw that the way dates are progressing it seems it will take a while for her date to become current for EB3. I was wondering if I apply for green card when I finish my residency, can I recapture the priority date?
I'd appreciate your help. Thank you
can I recapture the priority date?
NO
PD are attached to either a Labor Certification or a I-140. It has to be your own LC or 140 in order to transfer the PD.
I am a physician who is doing his residency on H1b. My wife has applied for green card with a priority date 4/2004 (employment based category 3). I have applied for my green card with her. Now we are in I 485 stage.
NOw that the way dates are progressing it seems it will take a while for her date to become current for EB3. I was wondering if I apply for green card when I finish my residency, can I recapture the priority date?
I'd appreciate your help. Thank you
can I recapture the priority date?
NO
PD are attached to either a Labor Certification or a I-140. It has to be your own LC or 140 in order to transfer the PD.
brij523
03-02 06:10 AM
If the company has processed your H1-B and they have fired you. Probably you are entitled for return fare to your home country. Because somewhere under some clause of H1B application, company has to sign that they will give return ticket to employee when the work is done. Please do some home work. Go to USCIS site and look for details needed to file H1-B application. Or if you have your H1 paperwork, look into it. You will stumble on something.
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AllIzzWell
05-03 10:39 AM
Hi Gurus,
My wife has her H4 Visa stamp until 1st Oct 2010. She is in India. I am planning to visit India and travel back with her. If my visa gets stuck in "Admin Processing" will my wife be able to travel back on her valid H4 Visa.
She has to travel back due to some personal reasons.
Please advise.
Thanks
My wife has her H4 Visa stamp until 1st Oct 2010. She is in India. I am planning to visit India and travel back with her. If my visa gets stuck in "Admin Processing" will my wife be able to travel back on her valid H4 Visa.
She has to travel back due to some personal reasons.
Please advise.
Thanks
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gc_aspirant_prasad
11-14 08:00 PM
320k make majority sitting and hatching.
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800k will make majority jumping and fighting.
what is real number again??
One number for you : "300" !
krishmunn
05-03 10:45 AM
You do need an H1 amendment. Had you applied for an LCA prior to starting your work in the new location, an amendend H1 would not have been required. But since you have already started working, you will need a new LCA and a new H1
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snathan
02-19 04:57 PM
I have my labor cleared and 140 applied in 2007. Later in 2007 I had filed for 485 based on the pending 140 application and received EAD as well. But the 140 was denied later due to ineligibility to file on EB2 and a new one I140 was applied in EB2 refering the pending 485 application and the same old labor. This I140 has been pending since last few years and my attorney only received a letter stating it is under review, when a SR was raised. Meanwhile I have received EAD and AP extensions properly based on the pending 485.
I would like to apply 140 again from a different company using the old labor and refering the pending 485 application sine i am currently on EAD using the pending 485 application.
Questions
1. Can i do that?
2. If so, what documents would i need from my company to process this.
1. What is the point in applying EB2 again for the same labor when you are not eligible. It will be denied sooner or later. Either you should have applied in EB3 I-140 or should have started a new labor process. You just wasted your time.
2. No you can not apply for new I-140 with new employer when the labor belongs to different employer
I would like to apply 140 again from a different company using the old labor and refering the pending 485 application sine i am currently on EAD using the pending 485 application.
Questions
1. Can i do that?
2. If so, what documents would i need from my company to process this.
1. What is the point in applying EB2 again for the same labor when you are not eligible. It will be denied sooner or later. Either you should have applied in EB3 I-140 or should have started a new labor process. You just wasted your time.
2. No you can not apply for new I-140 with new employer when the labor belongs to different employer
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bestia
12-27 10:35 PM
Hey all,
I just efiled my EAD. (first one, not renewal). Do I need to send any supporting documents?
If so which ones?
They asked about previous EADs and I had 2 of them (one main, other interim 90 day rule) for my OPT after masters. Do I need to send a copy of those?
Plz help.
You don't need to send anything - they already have your I-485 application. They will ask if they want. After few weeks of e-filing, I was called for "biometrics". They only took my picture, and that was it. On 11th week I got my EAD. Mine was same as yours: first EAD but having one prior OPT. I mentioned OPT EAD in my application.
I just efiled my EAD. (first one, not renewal). Do I need to send any supporting documents?
If so which ones?
They asked about previous EADs and I had 2 of them (one main, other interim 90 day rule) for my OPT after masters. Do I need to send a copy of those?
Plz help.
You don't need to send anything - they already have your I-485 application. They will ask if they want. After few weeks of e-filing, I was called for "biometrics". They only took my picture, and that was it. On 11th week I got my EAD. Mine was same as yours: first EAD but having one prior OPT. I mentioned OPT EAD in my application.
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satyab7
04-06 09:30 PM
Very good effort. Keep it up guys.
Sincerely.
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bandoayan
09-17 04:58 PM
Leave aside ranking, this MBA program is not accredited by AACSB (AACSB International-The Association to Advance Collegiate Schools of Business (http://www.aacsb.edu)), the institution which accredits Business Schools. I wonder what value you will get in the market for an MBA from this University.
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burnt
06-16 05:13 PM
I just changed my job from a consulting position to a full time position.
Got my H1B transferred and I will be filing AC21 in a few weeks from now. I don't have my I-140 approval with me. My company lawyer says there is no issue, and I am all set
Got my H1B transferred and I will be filing AC21 in a few weeks from now. I don't have my I-140 approval with me. My company lawyer says there is no issue, and I am all set
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StarSun
04-28 09:47 AM
I have sent an email and pm; please check. Need details regarding your payment too.
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rbalaji5
01-11 01:35 PM
Thanks Gc2 for useful information. I will the family class.
Do I need to cancel their I-485 after they go to India or I will just leave as it is - let it cancel / reinject by itself.
Do I need to cancel their I-485 after they go to India or I will just leave as it is - let it cancel / reinject by itself.
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seebi
10-13 01:51 PM
I am interested too.
If anyone from the King of Prussia area is interested in meeting lawmakers, please PM me.
Once we have some people, we can plan and set up appointments over the next few weeks.
If anyone from the King of Prussia area is interested in meeting lawmakers, please PM me.
Once we have some people, we can plan and set up appointments over the next few weeks.
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gaz
09-01 03:26 PM
Hello,
My 140 is approved. My H1b is already extended for 3 years.
1) Can my spouses H1b get 7th year extension based on this?
2) If not, can my spouse move to H4?
Thank you.
gaz
My 140 is approved. My H1b is already extended for 3 years.
1) Can my spouses H1b get 7th year extension based on this?
2) If not, can my spouse move to H4?
Thank you.
gaz
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justice4all
02-04 11:23 AM
Thanks validIV for your reply.. I spoke to couple of attorneys regarding that.. one said its illegal and dont want to talk about it, other said that's the only option for my wife to go to job since she doesn't have an EAD.
Lawyers reading this thread can throw some light..
thanks
Lawyers reading this thread can throw some light..
thanks
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ramreddy
08-18 12:06 PM
Hi
I was not so so keen until this matter was resolved..BUT my GC got approved.
I am separated from spouse. But when I filed 485, I was "married" because our relationship was still unstable.
Now QUITE FRANKLY I am NOT sure what's going to happen ahead.Dont ask me why. This whole uncertainty depressed me . If I re-unite and my wife is in India and I am on GC HOW do I call her here ?
If I divorce and re-marry how do I get my new wife here.
In any case , I dont plan on getting more than 1 person so pl dont look at it from a gamers view.
Thanks for ur help
RR
I was not so so keen until this matter was resolved..BUT my GC got approved.
I am separated from spouse. But when I filed 485, I was "married" because our relationship was still unstable.
Now QUITE FRANKLY I am NOT sure what's going to happen ahead.Dont ask me why. This whole uncertainty depressed me . If I re-unite and my wife is in India and I am on GC HOW do I call her here ?
If I divorce and re-marry how do I get my new wife here.
In any case , I dont plan on getting more than 1 person so pl dont look at it from a gamers view.
Thanks for ur help
RR
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Becks
02-08 11:48 AM
I think any non-H1 (including H4) stay wont count. You will have full 6 yrs on H1 visa.
Hi,
I am currently in L1B visa , i am in US for 40 Months. The total period that i can be in US in L1B is 5 yrs .
I am planning to do my H1B this year (2008), having already elapsed 40 months, if i get a H1B will the period elapsed ( 40 months in L1B) be accounted or i will get the H1b for 3 yrs.
Thanks
Hi,
I am currently in L1B visa , i am in US for 40 Months. The total period that i can be in US in L1B is 5 yrs .
I am planning to do my H1B this year (2008), having already elapsed 40 months, if i get a H1B will the period elapsed ( 40 months in L1B) be accounted or i will get the H1b for 3 yrs.
Thanks
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battineni
06-09 10:46 AM
Really good work by IV team
a_yaja
01-16 09:56 PM
In Ohio, they issue a DL for one year from the application for H1B extension if the H1B has not been approved yet. It might be the same case in NC as well - it might be worth checking.
SBH
01-10 12:13 PM
Hi,
I am going to Mexico for H1b stamping next week. My I797 does not have my middle name. I used my middle name on all previous occassions like F1 Visa.
My passport also has the middle name in it.
Please let me know if anybody you know has faced such a situaiton. Is this a big deal ? Any help in this matter is highly appreciated.
Regards
SBH
I am going to Mexico for H1b stamping next week. My I797 does not have my middle name. I used my middle name on all previous occassions like F1 Visa.
My passport also has the middle name in it.
Please let me know if anybody you know has faced such a situaiton. Is this a big deal ? Any help in this matter is highly appreciated.
Regards
SBH
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