k_usa
12-16 10:52 AM
I got mine renewed in July'08 based on EAD in Lodi, NJ (Bergen county).
They renewed until EAD expiry date + 3 months.
They renewed until EAD expiry date + 3 months.
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techbuyer77
06-20 01:13 PM
However if you also apply for EAD, then maybe you have to join the ex employer who files your 485 at least during the intial 180 days after 485 is filed, please do check with your lawyer.
Not really as GC is for future job; if 180 days have past you are ok even to change your intent even if you never worked for the first employer.
Not really as GC is for future job; if 180 days have past you are ok even to change your intent even if you never worked for the first employer.
Roger Binny
05-12 10:05 PM
First trying infopass is the right idea, even if you contact congress man and senators they may ask you to go through info pass first.
Google your statename and senators you should get the list, its not hard to find their home pages.
These are my opinons.
By the ways what is the reason they cited when the EB2 I-140 was denied?
Google your statename and senators you should get the list, its not hard to find their home pages.
These are my opinons.
By the ways what is the reason they cited when the EB2 I-140 was denied?
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pd_recapturing
06-17 02:27 PM
Today, I just saw in one of the threads in that a guy received his GC last week. He chnaged jobs twice on AC21. So dont worry, you can change jobs n number of times.
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bzuccaro
11-08 05:23 PM
SUMMARY OF PROVISIONS FOR EXTENDING H-1B VISA STATUS
PAST THE PERMISSIBLE 6 YEARS OF H-1B STAY
________________________________________
1. AC21 104 (c) - Approved I-140 Petition = Extension of H-1B Visa Status in 3 Year Increments.
� Under Section 104 (c) of AC21, the beneficiary of an approved I-140 who is prevented from filing an adjustment of status application due to application of worldwide OR per-country limitations may be granted an extension of H-1B visa status in 3 year increments pending eligibility to apply for adjustment of status.
� There is no requirement that the foreign citizen have a Labor Certification or immigrant visa petition pending for one full year prior to the expiration of the foreign citizen's 6th year of H-1B visa status.
� However, there MUST be an approved I-140 to access this benefit.
� This benefit does not apply to dependents who have reached 21.
2. AC21 106 (a) - Pending Labor Certification or
Employment Based Immigrant Visa Petition = Extension of H-1B Visa Status for 1 Year.
� Section 106 (a) of AC21 permits H-1B non-immigrants to obtain an extension of H-1B visa status beyond the 6-year maximum period, when:
(a) 365 days or more have passed since the filing of any application for labor certification, Form ETA 750, that is required or used by the foreign citizen to obtain status as an EB immigrant; or
(b) 365 days or more have passed since the filing of an EB immigrant visa petition.
� Extensions may only be granted in one-year increments, but may be requested on a single (combined) extension request for any remaining time left in the initial 6-year period.
� Must establish that the above criteria were or will be met either on or before the requested start date on the H-1B extension application.
� Thus, a foreign citizen is eligible for an extension of H-1B visa status beyond the 6th year as long as either the qualifying labor certification application or I-140 immigrant petition has or will have been pending for at least 365 days prior to the foreign citizen�s requested start date, regardless of whether the H-1B extension application was filed prior to the passage of such period.
� If the foreign citizen would no longer be in H-1B status at the time that 365 days from the filing of the labor certification application or immigrant petition has run, thus leaving a gap in valid status, then the extension of stay request cannot be granted.
� A request for an H-1B extension beyond the 6-year limit should not be denied on the sole basis that an I-140 petition has not yet been filed.
PAST THE PERMISSIBLE 6 YEARS OF H-1B STAY
________________________________________
1. AC21 104 (c) - Approved I-140 Petition = Extension of H-1B Visa Status in 3 Year Increments.
� Under Section 104 (c) of AC21, the beneficiary of an approved I-140 who is prevented from filing an adjustment of status application due to application of worldwide OR per-country limitations may be granted an extension of H-1B visa status in 3 year increments pending eligibility to apply for adjustment of status.
� There is no requirement that the foreign citizen have a Labor Certification or immigrant visa petition pending for one full year prior to the expiration of the foreign citizen's 6th year of H-1B visa status.
� However, there MUST be an approved I-140 to access this benefit.
� This benefit does not apply to dependents who have reached 21.
2. AC21 106 (a) - Pending Labor Certification or
Employment Based Immigrant Visa Petition = Extension of H-1B Visa Status for 1 Year.
� Section 106 (a) of AC21 permits H-1B non-immigrants to obtain an extension of H-1B visa status beyond the 6-year maximum period, when:
(a) 365 days or more have passed since the filing of any application for labor certification, Form ETA 750, that is required or used by the foreign citizen to obtain status as an EB immigrant; or
(b) 365 days or more have passed since the filing of an EB immigrant visa petition.
� Extensions may only be granted in one-year increments, but may be requested on a single (combined) extension request for any remaining time left in the initial 6-year period.
� Must establish that the above criteria were or will be met either on or before the requested start date on the H-1B extension application.
� Thus, a foreign citizen is eligible for an extension of H-1B visa status beyond the 6th year as long as either the qualifying labor certification application or I-140 immigrant petition has or will have been pending for at least 365 days prior to the foreign citizen�s requested start date, regardless of whether the H-1B extension application was filed prior to the passage of such period.
� If the foreign citizen would no longer be in H-1B status at the time that 365 days from the filing of the labor certification application or immigrant petition has run, thus leaving a gap in valid status, then the extension of stay request cannot be granted.
� A request for an H-1B extension beyond the 6-year limit should not be denied on the sole basis that an I-140 petition has not yet been filed.
rbalaji5
03-02 08:02 PM
Thanks all for the very useful informations. Yes - I called the DI office today. As per their instruction, booked the infopass appointment for SFO. I will update the result soon.
As Informed I went SFO Local CBP/USCIS office through infopass appointment. The IO said that they did it as per the law. Also they suggested me to go U.S- Mexico border to get the new I-94 by paying $6.
As per their advise, I went to San Ysidro, (Tijuana) US - Mexico border. Crossed the border by walk, came back to U.S and got the new I-94 by explaining the situation. IO at POE understood the problem and gave the new I-94 without any issue.
As Informed I went SFO Local CBP/USCIS office through infopass appointment. The IO said that they did it as per the law. Also they suggested me to go U.S- Mexico border to get the new I-94 by paying $6.
As per their advise, I went to San Ysidro, (Tijuana) US - Mexico border. Crossed the border by walk, came back to U.S and got the new I-94 by explaining the situation. IO at POE understood the problem and gave the new I-94 without any issue.
more...
justareader
10-08 08:10 PM
I would appreciate if someone can help me with a link to how to post this question as a new post. I do not want to hijack this thread :o
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singhsa3
08-19 10:59 AM
Agreed and those kind of things should be shunned. There should strict self regulation regarding solicitations
I can see +ve in your thread, but some of us take advantages, for example amway is the best, and there are more.
I can see +ve in your thread, but some of us take advantages, for example amway is the best, and there are more.
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nk2006
04-17 03:36 PM
As per today I have an H1b visa, I have my I140 approved, and my 6th year ends on April 25, 2008. My actual employer have gave me a contract that says that upon I become a permanent resident i will have to work for him for 5 years, then if I quit after the 5th year or before I will not able to work on the same industry on all the united states, also mention what my salary would be but there is no mention of increase. Since I will have to wait until my residence at least 3 more years, that means that I will have to work on these conditions for 8 or 9 years.!!!!
I do not know what to do , this is almost illegal (I think !), do I have time to change employer and do again my visa, and I140, so I don't lost status ??
The contract is rather stringent � working for 5 years after getting the greencard and not able to work in same industry??? You are right it may not even legal � and may not stand in any court.
Having said that, I can say that it is very common in IT industry to make the visa candidates sign a contract. Generally these contracts ask you to work for the employer for at least 2 years �after� getting the green card; and if you leave before 2 years then you have to pay all the legal charges that employer incurred for the GC processing. Many employers require this before starting the process � but I heard many big companies don�t really enforce this. Also there are other couple workarounds: the contract (even in your case) says �after� getting the GC, so if you are eligible to apply for 485 then sign the contract and apply for 485; after six months you can use AC21 and leave the employer � technically you havn�t yet got the GC card and so the contract is not violated. I know a couple friends did this exactly in our company.
If you are not yet eligible to apply for 485 (retrogressed country) then try to collect some documents like a copy of your approved I140 and if possible a copy of approved labor (this may not be required). Then find a new job now and transfer your H1B there; during transfer ask for three years extension based on your approved I140+not able to apply for 485 status. With new employer start fresh PERM+I140. If you have copies of I140 you might be able to get you priority date too. I know there are lot of ifs and buts here but I think this is the best case scenario for you especially if you don�t like your present job (Disclaimer: I am not a lawyer).
I do not know what to do , this is almost illegal (I think !), do I have time to change employer and do again my visa, and I140, so I don't lost status ??
The contract is rather stringent � working for 5 years after getting the greencard and not able to work in same industry??? You are right it may not even legal � and may not stand in any court.
Having said that, I can say that it is very common in IT industry to make the visa candidates sign a contract. Generally these contracts ask you to work for the employer for at least 2 years �after� getting the green card; and if you leave before 2 years then you have to pay all the legal charges that employer incurred for the GC processing. Many employers require this before starting the process � but I heard many big companies don�t really enforce this. Also there are other couple workarounds: the contract (even in your case) says �after� getting the GC, so if you are eligible to apply for 485 then sign the contract and apply for 485; after six months you can use AC21 and leave the employer � technically you havn�t yet got the GC card and so the contract is not violated. I know a couple friends did this exactly in our company.
If you are not yet eligible to apply for 485 (retrogressed country) then try to collect some documents like a copy of your approved I140 and if possible a copy of approved labor (this may not be required). Then find a new job now and transfer your H1B there; during transfer ask for three years extension based on your approved I140+not able to apply for 485 status. With new employer start fresh PERM+I140. If you have copies of I140 you might be able to get you priority date too. I know there are lot of ifs and buts here but I think this is the best case scenario for you especially if you don�t like your present job (Disclaimer: I am not a lawyer).
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thomachan72
07-28 11:07 AM
it is not easy as you think. Once you have this non renewable/non transferable stamp on the license you are stuck. For eg:- even if you stay in the state that issues that lisence (in this case Ohio), you will have to retake the whole test (computer + driving test) to even renew the lisense when your visa is renewed. You initially get the lisence only valid until the day of your visa expiry.
bottom line:: THIS IS THE CRAZIEST RULE THAT I HAVE COME ACCROSS. The more a person drives I was under the impression that her/his skills improve. I am not against checking the visa validity etc but to make you take the whole drivers test again is SIMPLY STUPIDITY.
bottom line:: THIS IS THE CRAZIEST RULE THAT I HAVE COME ACCROSS. The more a person drives I was under the impression that her/his skills improve. I am not against checking the visa validity etc but to make you take the whole drivers test again is SIMPLY STUPIDITY.
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InTheMoment
02-05 06:53 PM
Good, the doc is moving along well to the observership which is a way to build brownie points in one's resume when applying for the residency match. It is a different issue, nevertheless, that several good hospitals do not bother to consider observership as a significant credential when assessing candidates for residency.
As such it is a non-clinical and non-payroll position and he/she might as well can do it on B2 (visitor). So there are no visa issues as such.
Well, my wife is doing her residency in a hospital affiliated to one of the top 2 univ programs in the US and hence the knowledge of these facts. I really emphatize with the double whammy type challenges docs have to face i.e professionally as well as with immigration/J-1/H-1 issues.
As such it is a non-clinical and non-payroll position and he/she might as well can do it on B2 (visitor). So there are no visa issues as such.
Well, my wife is doing her residency in a hospital affiliated to one of the top 2 univ programs in the US and hence the knowledge of these facts. I really emphatize with the double whammy type challenges docs have to face i.e professionally as well as with immigration/J-1/H-1 issues.
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shantanup
05-28 01:12 PM
Go and talk to your local congressman about your situation. Ask him / her to do something to solve this problem. You have a genuine case. He / she has to respond.
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vphope
04-04 12:22 PM
Is attorney not in the loop?
Why didnt he get any info?
Are we supposed to be monitoring all these...:mad:
Why didnt he get any info?
Are we supposed to be monitoring all these...:mad:
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immigrationvoice1
03-11 03:39 PM
My Vote for this thread in the "Entertainment Category" This is the most entertaining thread for the day!
No offense to the original poster. Though he probably did not get the answers that he was looking for, but managed to entertain us!! Singhsa3's response was hilarious!!:D
No offense to the original poster. Though he probably did not get the answers that he was looking for, but managed to entertain us!! Singhsa3's response was hilarious!!:D
more...
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chanduv23
12-09 08:17 AM
Good Morning
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immigrationvoice1
03-11 03:39 PM
My Vote for this thread in the "Entertainment Category" This is the most entertaining thread for the day!
No offense to the original poster. Though he probably did not get the answers that he was looking for, but managed to entertain us!! Singhsa3's response was hilarious!!:D
No offense to the original poster. Though he probably did not get the answers that he was looking for, but managed to entertain us!! Singhsa3's response was hilarious!!:D
more...
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cox
February 5th, 2008, 12:21 AM
...[look for big scratches, scrapes and worn off paint on the corners], it should be fine to buy a used one...
Hey, I didn't know you've seen my cameras, Mats! ;) GEEVER, Mats advice is right on. Both Canon and Nikon have excellent reliability, and there are only a couple of moving parts on a digital SLR. If it takes a picture when you look at it, it will probably be just fine.
In both Canon and Nikon, you have a fine selection of great lenses for the future. If you buy an old camera body now, like a Canon 300D, D60, 10D, etc. or the Nikon equivalents, you can spend more money on good lenses, and then upgrade camera bodies later. You don't get your money back reselling these cameras (though you save a lot compared to developing film!), and the older 6 mega-pixel cameras are just fine for printing 8x10s for your wall. It's not a bad strategy to get "into photography" if you're on a budget.
Hey, I didn't know you've seen my cameras, Mats! ;) GEEVER, Mats advice is right on. Both Canon and Nikon have excellent reliability, and there are only a couple of moving parts on a digital SLR. If it takes a picture when you look at it, it will probably be just fine.
In both Canon and Nikon, you have a fine selection of great lenses for the future. If you buy an old camera body now, like a Canon 300D, D60, 10D, etc. or the Nikon equivalents, you can spend more money on good lenses, and then upgrade camera bodies later. You don't get your money back reselling these cameras (though you save a lot compared to developing film!), and the older 6 mega-pixel cameras are just fine for printing 8x10s for your wall. It's not a bad strategy to get "into photography" if you're on a budget.
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apahilaj
05-29 01:39 PM
Yes file the G-28 forms as well..thats what i did too..
I didn't file G-28 form since I was filing myself. Isn't G-28 only required if some one else is representing you?
I've got the receipt notices for EAD as well. Will see what happens next.
I didn't file G-28 form since I was filing myself. Isn't G-28 only required if some one else is representing you?
I've got the receipt notices for EAD as well. Will see what happens next.
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uma77
10-17 09:12 PM
thank you duttasurajit for the link.
add78
05-30 09:54 AM
1. If you are still with university and the H1 is valid, you are not out of status.
2. If you are out of university and if company A's H1 is valid, you can start work with company A.
If you are out of university and company A's H1 is valid, but you are not getting job or salary - you are out of status
If you are out of university and company A's H1 is not valid, you are out of stats.
Please check with attorney asap.
What Snathan said above is absolutely 100% correct.
However as someone else said about stamping and getting over the out of status period issues is not correct, if at any point you were out of status (no salary or no valid i-94 (white card or the 797)), it may come back to haunt you during GC process.
Without getting into the risk/debate of whether you were counted for cap when "A" filed for your H1, in order to file with another employer "C", it is advisable to work for "A" if they have a valid H1 filed for you and if you have just left the University employer without any delay and consult with an attorney to remedy the out of status issue for the period since you left the Univ. employer. And as always, if you think you were helped by the senior members here, please consider helping IV by donating to your own cause as soon as you get a project / back on track. Thank You.
2. If you are out of university and if company A's H1 is valid, you can start work with company A.
If you are out of university and company A's H1 is valid, but you are not getting job or salary - you are out of status
If you are out of university and company A's H1 is not valid, you are out of stats.
Please check with attorney asap.
What Snathan said above is absolutely 100% correct.
However as someone else said about stamping and getting over the out of status period issues is not correct, if at any point you were out of status (no salary or no valid i-94 (white card or the 797)), it may come back to haunt you during GC process.
Without getting into the risk/debate of whether you were counted for cap when "A" filed for your H1, in order to file with another employer "C", it is advisable to work for "A" if they have a valid H1 filed for you and if you have just left the University employer without any delay and consult with an attorney to remedy the out of status issue for the period since you left the Univ. employer. And as always, if you think you were helped by the senior members here, please consider helping IV by donating to your own cause as soon as you get a project / back on track. Thank You.
kartikiran
04-08 03:29 PM
PD: MARCH -2002 (EB3 India)
I-485 filed: 29-JUN-2007 (NSC)
I-485 RD: 13-AUGUST-2007
I-485 filed: 29-JUN-2007 (NSC)
I-485 RD: 13-AUGUST-2007
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