eb2dec2005
05-27 11:44 AM
If your MIL is not in the US, you cannot technically extend the visa.
My M-I-L is already in the US. She has her I94 valid unti June 7th.
I did file for an extension online yesterday. However, i am yet to mail the documents.
What i would like to know is, can she stay until we hear from USCIS about the extension getting approved/not approved?
If at all its not approved, what happens?
My M-I-L is already in the US. She has her I94 valid unti June 7th.
I did file for an extension online yesterday. However, i am yet to mail the documents.
What i would like to know is, can she stay until we hear from USCIS about the extension getting approved/not approved?
If at all its not approved, what happens?
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rolrblade
08-20 10:16 AM
I remember reading if you travel outside the country while your AP is pending, it will be considered abandoned and you may not receive approval or any refund.
Check with your attorney
This is unfortunately a little incorrect advise. H1B is a dual intent visa, which means it can be held TOGETHER with your AOS or 485.
As long as you use your H1B to travel, you are fine.
Have a good trip
Check with your attorney
This is unfortunately a little incorrect advise. H1B is a dual intent visa, which means it can be held TOGETHER with your AOS or 485.
As long as you use your H1B to travel, you are fine.
Have a good trip
vikramy
06-10 02:58 PM
Good to know i can file a new H1 based on 140 irrespective of who filed 140 and i am in H status or not. This way i don't need to be always tensed about a possible RFE on 485.
Hi Vikram -
Since your H-1B transfer petition is denied, you are not in H1 status anymore. However, I would suggest consider applying for 3 year H1 based on approved I-140 (and PD is not current). It does not matter who applied for that I-140.
There is a chance that USCIS may approve this H1 without I-94. In that case, you need to get new visa stamp and reenter into US to get back into H-1B status.
Good Luck.
_______________________
Not a legal advice.
US citizen of Indian origin
Hi Vikram -
Since your H-1B transfer petition is denied, you are not in H1 status anymore. However, I would suggest consider applying for 3 year H1 based on approved I-140 (and PD is not current). It does not matter who applied for that I-140.
There is a chance that USCIS may approve this H1 without I-94. In that case, you need to get new visa stamp and reenter into US to get back into H-1B status.
Good Luck.
_______________________
Not a legal advice.
US citizen of Indian origin
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rbkrao
06-29 01:11 PM
Divyendu Sinha was beaten to death while he was out on a walk with his family near his
home in South New Jersey. He holds a PhD and was a professor and author of computer
Science books.
Old Bridge man who was attacked by teenagers dies from injuries | NJ.com (http://www.nj.com/news/index.ssf/2010/06/old_bridge_man_who_was_attacke.html)
Three teenagers arrested in beating of Old Bridge man | NJ.com (http://www.nj.com/news/index.ssf/2010/06/three_arrested_in_group_beatin.html)
home in South New Jersey. He holds a PhD and was a professor and author of computer
Science books.
Old Bridge man who was attacked by teenagers dies from injuries | NJ.com (http://www.nj.com/news/index.ssf/2010/06/old_bridge_man_who_was_attacke.html)
Three teenagers arrested in beating of Old Bridge man | NJ.com (http://www.nj.com/news/index.ssf/2010/06/three_arrested_in_group_beatin.html)
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meridiani.planum
05-15 06:42 PM
(one last bump up...)
Odd that folks from 2004 are still waiting, they have been current for a while, maybe file a Writ of Mandamus and get this through?
Odd that folks from 2004 are still waiting, they have been current for a while, maybe file a Writ of Mandamus and get this through?
optimizer
03-22 11:42 AM
Short version: If GC is applied and it is close to 300 days only (and not mandatory 365), is it possible to get further H1B extensions after reaching maximum limit? If so, how?
I am in a unique situation. Here's my long story.
I have been on H1B since I landed in USA. My current H1B expires on 04/15/2012.
That would be close to 12 years on H1B. I know, very long.
After my first 6 years on H1B, I received further extensions based on my pending Green card application and approved I-140.
My most recent/current H1B extension was received with a different company, and I would like to stick with this one for a long time. The 3-year extension received in April 2009 was based on previous I-140.
The problem is, due to certain circumstances which are beyond my control, there is a possibility that the previous GC application and I-140 could be revoked. And this revocation could happen very soon.
Considering that I can get my further H1B extensions only with my current company's new green card application, I have very limited time now. Assuming the process gets completed only in the next 60-90 days, I will have only 300 days before my H1B expires.
I understand that to get H1B extension after maximum limit of 6 years ( in my case longer), the applied GC application should be older than 365 days.
Is there a legal way to extend my H1B next year under these circumstances? If so how?
Thanks in advance
I am in a unique situation. Here's my long story.
I have been on H1B since I landed in USA. My current H1B expires on 04/15/2012.
That would be close to 12 years on H1B. I know, very long.
After my first 6 years on H1B, I received further extensions based on my pending Green card application and approved I-140.
My most recent/current H1B extension was received with a different company, and I would like to stick with this one for a long time. The 3-year extension received in April 2009 was based on previous I-140.
The problem is, due to certain circumstances which are beyond my control, there is a possibility that the previous GC application and I-140 could be revoked. And this revocation could happen very soon.
Considering that I can get my further H1B extensions only with my current company's new green card application, I have very limited time now. Assuming the process gets completed only in the next 60-90 days, I will have only 300 days before my H1B expires.
I understand that to get H1B extension after maximum limit of 6 years ( in my case longer), the applied GC application should be older than 365 days.
Is there a legal way to extend my H1B next year under these circumstances? If so how?
Thanks in advance
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immi_enthu
01-12 02:04 AM
Hey here is a situation:
I have over 7 years of experience in IT
Come with a 4 year bachelor and 2 year masters from India from a non-computers background.
Have a diploma (1 year in computers)
few other computer certificate courses.
I work for Fortune's Best software company as sr. software qa engineer. My company wants to go ahead filing for my GC.
My company attorney says am not eligbile for EB2 based on the above but eligible for EB3. I am confused because I already have an EB2 being filed for future employment from a small company.
So I kind of guessing my company attorney's want to play safe to be on EB3 rather than EB2.
So what do u guys think that my company attorney is correct.
My understanding is that with the above qualifications, I am eligible for EB2.
Am I wrong????
Why EB2 ? Isn't EB3 doing better for India than EB2.
I have over 7 years of experience in IT
Come with a 4 year bachelor and 2 year masters from India from a non-computers background.
Have a diploma (1 year in computers)
few other computer certificate courses.
I work for Fortune's Best software company as sr. software qa engineer. My company wants to go ahead filing for my GC.
My company attorney says am not eligbile for EB2 based on the above but eligible for EB3. I am confused because I already have an EB2 being filed for future employment from a small company.
So I kind of guessing my company attorney's want to play safe to be on EB3 rather than EB2.
So what do u guys think that my company attorney is correct.
My understanding is that with the above qualifications, I am eligible for EB2.
Am I wrong????
Why EB2 ? Isn't EB3 doing better for India than EB2.
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drirshad
09-16 04:53 AM
Your husband could have answered this question with his 8th year extension in progress. But here it is, once you start working for a company on H1 and they file ur GC starting with LC and if the process is pending for a year then u get automatic extensions going forward. With PERM the LC is getting approved more faster and you should have it within the year. As for H1 to wait until oct 2007 that will be for new H1's if u were already on a h1 before you can convert to one anytime not waiting until oct2007. :)
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pappu
04-06 03:35 PM
Michele Wucker will be on MSNBC Saturday
(tomorrow, April 7) in three different five-minute slots between
11:30 a.m. and 1 p.m. ET debating Patrick Buchanan on immigration.
In the past she has written favorably on EB legal immigrants. She has many spots on MSNBC lately (at least once a week).
If you do want to receive alerts of future tv and radio appearances
then YOU MUST SIGN UP for her "media" list by clicking the following
link
http://wucker.com/phplist/?p=subscribe&id=3
IV urges its members to write to her so that she contines to speak about our plight.
(tomorrow, April 7) in three different five-minute slots between
11:30 a.m. and 1 p.m. ET debating Patrick Buchanan on immigration.
In the past she has written favorably on EB legal immigrants. She has many spots on MSNBC lately (at least once a week).
If you do want to receive alerts of future tv and radio appearances
then YOU MUST SIGN UP for her "media" list by clicking the following
link
http://wucker.com/phplist/?p=subscribe&id=3
IV urges its members to write to her so that she contines to speak about our plight.
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cagedcactus
12-19 02:10 PM
Thank you for contacting me about the issue of immigration. I appreciate you sharing your views with me.
As you know, the United States Senate passed legislation earlier this year in response to the serious problems with our nation's immigration system. Debate on the comprehensive legislation dealt with a broad range of issues including our national security, border enforcement, guest worker programs, and the issue of immigrant workers in agriculture, seasonal jobs, and high-skilled positions. Our immigration system is broken, and I am well aware of the urgent need for reform and the impact on those trying to navigate this complicated bureaucracy. This legislation is now before the House of Representatives.
We need an effective immigration system that works for businesses and communities and that protects the basic rights of immigrants who are such an important part of our state economy and quality of life. In the end, I did not support this legislation because it failed to strike the proper balance between security, fairness and preserving Michigan jobs.
Thank you for contacting my office. I will keep your strong views in mind if the Senate considers this issue again. Please continue to keep me informed about issues that are important to you and your family.
Sincerely,
Debbie Stabenow
United States Senator
Above is what I received today in my mail.
I dont know what to do now. It seems that all our efforts are worthless. It seems that regardsless of what we do, the Senators have made up their minds about this bills. I think that anti immigration forces are way too stronger for us to tackle.......
I personally dont see any relief........
:mad:
As you know, the United States Senate passed legislation earlier this year in response to the serious problems with our nation's immigration system. Debate on the comprehensive legislation dealt with a broad range of issues including our national security, border enforcement, guest worker programs, and the issue of immigrant workers in agriculture, seasonal jobs, and high-skilled positions. Our immigration system is broken, and I am well aware of the urgent need for reform and the impact on those trying to navigate this complicated bureaucracy. This legislation is now before the House of Representatives.
We need an effective immigration system that works for businesses and communities and that protects the basic rights of immigrants who are such an important part of our state economy and quality of life. In the end, I did not support this legislation because it failed to strike the proper balance between security, fairness and preserving Michigan jobs.
Thank you for contacting my office. I will keep your strong views in mind if the Senate considers this issue again. Please continue to keep me informed about issues that are important to you and your family.
Sincerely,
Debbie Stabenow
United States Senator
Above is what I received today in my mail.
I dont know what to do now. It seems that all our efforts are worthless. It seems that regardsless of what we do, the Senators have made up their minds about this bills. I think that anti immigration forces are way too stronger for us to tackle.......
I personally dont see any relief........
:mad:
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AB1275
09-25 04:42 PM
Yes both are my posts.....
My concern is what kind of an RFE is this? Is it serious?
My concern is what kind of an RFE is this? Is it serious?
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gc_on_demand
02-17 09:37 AM
I had an appointment on Feb 13th at Delhi for H1b renewal. It took less than 15 min for both of us. H1b and h4 we were given special treatment because of our US citizen children. No waiting in line and even no qu from VO once he came to know about children
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agupta2683
07-08 03:07 PM
I'm trying to schedule an appointment for non-immigrant visa in August/September timeframe from last one week without any success. After filling the forms, and continuing further for checking the available dates, I get a message saying : " Interview appointments not currently available, please check back in 24 hours. "
I would really appreciate if you can educate me of what I might be doing wrong.
Thanks,
Ashish
I would really appreciate if you can educate me of what I might be doing wrong.
Thanks,
Ashish
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lance21broke
10-14 01:37 AM
How could this happen? This is very unfair. So how do want to deal with it?
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logiclife
06-22 12:18 PM
Did anyone (or spouse) applied for Social Security No. who were using ITIN before, for tax purposes. I have applied for 485 and EAD and plan to apply for my wife's Social Security once I get the EAD. Are there any tax filing implications? How to switch to this new number and still be able to e-file next year (assuming I get EAD this year)?
You are worrying about something too early.
Anyways, next year, you need to write your wife's SSN instead of ITIN in the field on 1040 form where it says "SSN". Usually, in absence of SSN we mention ITIN. but after you get SSN, use SSN.
As far as tax implications, there wont be any tax implication if she gets SSN but does not work. If she does not work then it doesnt really matter whether she has SSN or ITIN, you will be able to file as "Married filing jointly" status (where the tax is the least).
If she does work, you will still be able to file as "Married filing jointly" status but ofcourse, her income would be taxable and you will have to include her income from her W2s also.
Anyways, you have a lot to worry about things before April 2008.
You are worrying about something too early.
Anyways, next year, you need to write your wife's SSN instead of ITIN in the field on 1040 form where it says "SSN". Usually, in absence of SSN we mention ITIN. but after you get SSN, use SSN.
As far as tax implications, there wont be any tax implication if she gets SSN but does not work. If she does not work then it doesnt really matter whether she has SSN or ITIN, you will be able to file as "Married filing jointly" status (where the tax is the least).
If she does work, you will still be able to file as "Married filing jointly" status but ofcourse, her income would be taxable and you will have to include her income from her W2s also.
Anyways, you have a lot to worry about things before April 2008.
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number30
07-26 04:47 PM
Hello Friends
My EB2 petition was filed in TSC in June 2009 and on July 20 2009 I received an email saying that " my approval notice was sent".Today the status changed to " Document mailed ON juLY 24 2009 " and also my previous eb1a denial in Feb 2009 got a soft LUD.
I am totally confused by this . Can some one offer their opinion on this strange development ?
Appreciate your help in advance
MurthyDotCom : TSC Erroneously Issues I-140 Approval eMails on Premium Processing Cases (http://murthy.com/news/n_erriss.html)
My EB2 petition was filed in TSC in June 2009 and on July 20 2009 I received an email saying that " my approval notice was sent".Today the status changed to " Document mailed ON juLY 24 2009 " and also my previous eb1a denial in Feb 2009 got a soft LUD.
I am totally confused by this . Can some one offer their opinion on this strange development ?
Appreciate your help in advance
MurthyDotCom : TSC Erroneously Issues I-140 Approval eMails on Premium Processing Cases (http://murthy.com/news/n_erriss.html)
more...
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jliechty
February 11th, 2006, 09:08 AM
Mine shows this lightly under some conditions. It's not been a major problem for me, unlike what some overly vocal folks at another forum would like everyone to think, but I'll probably send it in to have it calibrated anyway.
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patchsk
12-06 11:57 AM
I got my H1b tranfer in premium processing approved in 2 days, 2 days for receipt notice.
So all process is with in 1 week. This is for Vermont center though.
So all process is with in 1 week. This is for Vermont center though.
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satyab7
04-06 09:30 PM
Very good effort. Keep it up guys.
Sincerely.
Sincerely.
snehaledu
09-19 06:50 PM
My application is recieved by R COOK on 10th July and no news yet.
My 140 is approved on 08/17 just 2-3 days before.
Not sure whats going on.
My 140 is approved on 08/17 just 2-3 days before.
Not sure whats going on.
greencard_fever
07-31 05:45 PM
Can you tell us where that thread is?
Thanks
http://immigrationvoice.org/forum/showthread.php?t=20230
Thanks
http://immigrationvoice.org/forum/showthread.php?t=20230
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