martinvisalaw
08-31 07:24 PM
Hi
I came US on h4 visa .One employer had filed for my h1b last year,and they said i got the approval.but the employer had no job for me as part of recession.So I am still on h4 .Will I loose my H1 approval.How long is the validity of h1b approval ?:confused:
You need to be careful here. If the H-1B was approved as a change of status (COS) last year, you may have automatically changed to H-1B status on the start date. If you did not work for the employer, you then violated H-1B status.
If the H-1B was not approved as a COS, you have stayed in H-4 status. The H-1B approval could be used to get a H-1B visa, however you would need a letter from the H-1B employer confirming that there was still a job for you. The consulate would probably need this since it has been a year since the H-1B was approved. Otherwise, the H-1B is valid until the expiration date, unless the employer revokes it with CIS.
I came US on h4 visa .One employer had filed for my h1b last year,and they said i got the approval.but the employer had no job for me as part of recession.So I am still on h4 .Will I loose my H1 approval.How long is the validity of h1b approval ?:confused:
You need to be careful here. If the H-1B was approved as a change of status (COS) last year, you may have automatically changed to H-1B status on the start date. If you did not work for the employer, you then violated H-1B status.
If the H-1B was not approved as a COS, you have stayed in H-4 status. The H-1B approval could be used to get a H-1B visa, however you would need a letter from the H-1B employer confirming that there was still a job for you. The consulate would probably need this since it has been a year since the H-1B was approved. Otherwise, the H-1B is valid until the expiration date, unless the employer revokes it with CIS.
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ssksubash
07-23 02:27 PM
Hi,
I recently traveled to Canada by land for 1 week . When I went to Canada the canadian authorities did not take my I 94. When I returned from canada, the US officials did not give me a new I 94, will this be a problem ?
Thank you for your time.
I recently traveled to Canada by land for 1 week . When I went to Canada the canadian authorities did not take my I 94. When I returned from canada, the US officials did not give me a new I 94, will this be a problem ?
Thank you for your time.
LostInGCProcess
03-09 04:13 PM
I recently did apply for EAD and the documents required are as below
1. Personal check or Money order for 380$. I prefer sending personal check so that i can know if my check was cashed.
2. I did paper filing and not e-Filing. Some say efile is better some say paper filing is better , i felt paper filing is easy and better , as we can track our documents sent.
3. Docs req are
1. Filled EAD Application form
2. your 485 receipt notice copy
3. Current Addresss proof. electricity bill, water bill etc.
3.Copy of the biographic page of passport for each applicant
4. i-94 Copy
5. 2 Photographs
6. SSN copy ( i put it as my attorney suggested but its not mandatory)
7. copy of driver licence
With e-file too, they instantly cash your payment via credit card or debit card. So, you can keep track of it.
1. Personal check or Money order for 380$. I prefer sending personal check so that i can know if my check was cashed.
2. I did paper filing and not e-Filing. Some say efile is better some say paper filing is better , i felt paper filing is easy and better , as we can track our documents sent.
3. Docs req are
1. Filled EAD Application form
2. your 485 receipt notice copy
3. Current Addresss proof. electricity bill, water bill etc.
3.Copy of the biographic page of passport for each applicant
4. i-94 Copy
5. 2 Photographs
6. SSN copy ( i put it as my attorney suggested but its not mandatory)
7. copy of driver licence
With e-file too, they instantly cash your payment via credit card or debit card. So, you can keep track of it.
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10-31 12:35 PM
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dalishi
09-02 07:14 PM
;)
ss_col
06-18 12:29 AM
Hi everyone,
I have 2004 W2 but cant seem to find my tax return. I have 2003, 2005, 2006tax returns but not 2004. What can I do to get that return. Please any advice will be appreciated.
Thanks
I have 2004 W2 but cant seem to find my tax return. I have 2003, 2005, 2006tax returns but not 2004. What can I do to get that return. Please any advice will be appreciated.
Thanks
more...
bekugc
08-06 05:39 PM
whether you are in h1 or h4, it is important you maintain 'good standing' of whatever status you are in. if u dont have a job, change to H4, so that ur earlier h1 record remains clean (as long as u had H1, u got paid and have proof of pay /employment experience)
when you get ur offer down the line, if that company sponsors h1 for you, at that time theyll collect ur experience letters and proof and go for the H1. if the h1 sponsor is a different company, Im do not really think it is treated as a "renewal" since ur status as H1 has ended when u changed to H4. It may be treated as a "fresh h1 sponsor/transfer" for you.
However, you do not have to worry about the annual h1 quota in ur case even tho u have lost ur H1 status. you are included in the exception clause - "Those beneficiaries not subject to the annual quota are those who currently hold H-1B status or have held H-1B status at some point in the past six years and have not been outside the United States for more than 365 consecutive days"
so basically, according to me, if ur employment record is clean and if the new sponsor's requirements meets proper H1 guidelines, you can get back on H1.
im not an attorney..so the regular warning applies!
when you get ur offer down the line, if that company sponsors h1 for you, at that time theyll collect ur experience letters and proof and go for the H1. if the h1 sponsor is a different company, Im do not really think it is treated as a "renewal" since ur status as H1 has ended when u changed to H4. It may be treated as a "fresh h1 sponsor/transfer" for you.
However, you do not have to worry about the annual h1 quota in ur case even tho u have lost ur H1 status. you are included in the exception clause - "Those beneficiaries not subject to the annual quota are those who currently hold H-1B status or have held H-1B status at some point in the past six years and have not been outside the United States for more than 365 consecutive days"
so basically, according to me, if ur employment record is clean and if the new sponsor's requirements meets proper H1 guidelines, you can get back on H1.
im not an attorney..so the regular warning applies!
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polapragada
09-01 12:37 AM
Hi,
My H1 B is valid until 2010 (mar). But considering my entry/exit (I94) dates - I will be completing my 5 years in next 2 months.
My query:
1. Do I have time until 2009 (mar) for filing the Labor?
2. Can I file GC in the 6th year of H1 B, if yes what are the consequences?
Thanks in advance
Yes you ahve time. But don't wait hurry up, we need not get surprised if they change rules even....
Any way for March 2009 you have only 6 months you have so much work to do like paper adds, etc... so... All the best
My H1 B is valid until 2010 (mar). But considering my entry/exit (I94) dates - I will be completing my 5 years in next 2 months.
My query:
1. Do I have time until 2009 (mar) for filing the Labor?
2. Can I file GC in the 6th year of H1 B, if yes what are the consequences?
Thanks in advance
Yes you ahve time. But don't wait hurry up, we need not get surprised if they change rules even....
Any way for March 2009 you have only 6 months you have so much work to do like paper adds, etc... so... All the best
more...
perm2gc
04-20 10:15 AM
Is it possible to extend H4 status after using EAD for a person whose I-485 pending in derivative status.
I read Cronin Memo reg. dual intent "Revision of March 14, 2000 Dual Intent Memorandum"
It seems to discuss reg. using AP to enter the country and maintaining H status.
Not sure if anyone here has done the extension of H4 after using EAD.
Cronin memo:
Cronin Memo (5-16-00) | Carl Shusterman (http://shusterman.com/h1blvisasmemoworkingadvanceparole.html)
Appreciate any comments reg. this,
There's no 100% clear law/rule on that situation and it's somewhat up to the consulate to decide. In theory, she should have no problem getting an H-4 visa at all. However, that's based on a USCIS position saying that your underlying H-1B work authorization remains valid, even after you travel using a Parole. You're correct, though, that there's always been a logical problem with that CIS position, since your status is technically Parolee. Since the consulates are run by the USDOS, they are allowed to take their own position on that problem, so there's always at least some risk of them causing problems with an H-4 visa application. so it is better to file an H1B amendment and go for H4 stamping.
I read Cronin Memo reg. dual intent "Revision of March 14, 2000 Dual Intent Memorandum"
It seems to discuss reg. using AP to enter the country and maintaining H status.
Not sure if anyone here has done the extension of H4 after using EAD.
Cronin memo:
Cronin Memo (5-16-00) | Carl Shusterman (http://shusterman.com/h1blvisasmemoworkingadvanceparole.html)
Appreciate any comments reg. this,
There's no 100% clear law/rule on that situation and it's somewhat up to the consulate to decide. In theory, she should have no problem getting an H-4 visa at all. However, that's based on a USCIS position saying that your underlying H-1B work authorization remains valid, even after you travel using a Parole. You're correct, though, that there's always been a logical problem with that CIS position, since your status is technically Parolee. Since the consulates are run by the USDOS, they are allowed to take their own position on that problem, so there's always at least some risk of them causing problems with an H-4 visa application. so it is better to file an H1B amendment and go for H4 stamping.
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gc??
04-23 11:16 AM
Thank you guys. Feel much better.
Glad it is not cancelled with prejudice! Never knew so many terminology associated with immigration.
Glad it is not cancelled with prejudice! Never knew so many terminology associated with immigration.
more...
zico123
06-19 09:54 AM
thanks,, but i think the visa interview dates will be closed for aug/sept by the time i receive my I797. :mad:
If you cannot get an appointment for interview you can schedule an Emergency Appointment at your consulate. Check consulate website for details.
If you cannot get an appointment for interview you can schedule an Emergency Appointment at your consulate. Check consulate website for details.
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HRPRO
01-24 02:37 PM
When was the LCA filed?
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ragz4u
03-28 09:45 AM
Please post your responses here
http://immigrationvoice.org/forum/showthread.php?t=407
http://immigrationvoice.org/forum/showthread.php?t=407
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11-15 03:30 PM
http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf
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07-12 03:48 PM
Visa Bulletin for August 2010 (http://www.travel.state.gov/visa/bulletin/bulletin_5092.html)
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07-31 09:44 PM
instead of a thread, is it possible to track using a spreadsheet????
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Widget
03-15 06:10 PM
I agree with you. I am not from India and we should concentrat on the problem of the GC problem.
Guys, please don't start Indian firm bashing here. This site is being visited by people of other nationalities as well as offices of the lawmakers. We don't want to throw mush on the companies of our own country and look small. The info spgtopper has asked for is being asked by our lobbyst, so I would appreciate if you provide the relevant info.
Just a request. Please delete your posts.
Thanks for listening
Guys, please don't start Indian firm bashing here. This site is being visited by people of other nationalities as well as offices of the lawmakers. We don't want to throw mush on the companies of our own country and look small. The info spgtopper has asked for is being asked by our lobbyst, so I would appreciate if you provide the relevant info.
Just a request. Please delete your posts.
Thanks for listening
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08-17 03:46 PM
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BumbleBee
07-27 05:52 PM
Its complicated and gray area, I haven't seen any success from anybody yet.:confused:
There are two ways of porting older priority date
#1 if your old PD is stuck in backlog center, file a new perm labor with exact same wordings( same category too ), this is well documented.
#2 If you have an approved labor(can be substituted also) and approved I-140, then file a new labor with any employer under any category(eb2 in your case). Once labor is approved, at the time of filling new I-140, you need to specify that you want to port priority date of previously approved I-140. Specify relavent memos too, try finding attorney who knows or have done this atleast once :D
"EB3 - Labor filed - Aug, 2004 - BackLogged - Philadelphia - 45 day letter - Replied"
priority date from above labor can only be captured if it gets approved and employer files and get I-140 approval for this labor, and then you go ahead and file a new I-140 for your already approved EB2 specifying need to recapture old PD.
This is all from top of my head w/o having any degree in relavent field, please talk to attorney before taking any action blah blah blah.......
BumbleBee
There are two ways of porting older priority date
#1 if your old PD is stuck in backlog center, file a new perm labor with exact same wordings( same category too ), this is well documented.
#2 If you have an approved labor(can be substituted also) and approved I-140, then file a new labor with any employer under any category(eb2 in your case). Once labor is approved, at the time of filling new I-140, you need to specify that you want to port priority date of previously approved I-140. Specify relavent memos too, try finding attorney who knows or have done this atleast once :D
"EB3 - Labor filed - Aug, 2004 - BackLogged - Philadelphia - 45 day letter - Replied"
priority date from above labor can only be captured if it gets approved and employer files and get I-140 approval for this labor, and then you go ahead and file a new I-140 for your already approved EB2 specifying need to recapture old PD.
This is all from top of my head w/o having any degree in relavent field, please talk to attorney before taking any action blah blah blah.......
BumbleBee
snhn
03-12 04:57 PM
My old labor from 2001 is now up for review. This past Friday, my company put an ad in the newspaper. Dept of labor asked for
3 consecutive days and 1 posting in the office. Sunday was the first day. Basically I have a question. DOL has already placed an ad
on American job bank. They basically have Bachelors as the requirement. They do not mention what the discipline the bachelors need to be in.
However, the ad my company placed last Friday has Bachelors in computer science or Computer information systems. The job description is the same as the one
DOL posted on American Job bank. Do you think because they just used Bachelors in their posting and my company used Bachelors in Computer Science or CIS will
make a difference. Another words, can DOL reject my labor because of that. DOL, by using Bachelors, they are saying that anyone with Bachelors can apply. While my company is saying, only CIS or CS grads can apply.
Actually my attorney from 2001, made a mistake when he filed ETA 750. He listed education as Bachelors in Computer. So basically the advertisement should have been Bachelors in computer, as such what DOL is asking for. Mirror copy of ETA 750. However my company is saying that Bachelors in Computer is such broad term and does not make sense. That's why they placed the ad with Bachelors in Computer science or information systems. So having said that, what are chances that DOL will reject that advertisement, and make us re do it using Bachelors in Computer like the ETA 750 form is asking. Can we amend the form at this later of the ball game.
The advertisement is like 1000 for 3 days. The company picked up the tab this time, but if it is a mistake then I would have to pay for it. The did not even want to pursue this since they already have PERM and I140 approved for me. Getting this old labor certified for me, I would save a lot of time and be able to file 485 since my date is current. Using PERM priority date, it will take years.
Any thought will be appreciated.
Also, how do I remove him as the contact person for my labor. My company doe not want deal with him anymore.
can they send a letter for Backlog Center in Dallas.
Thanks!
3 consecutive days and 1 posting in the office. Sunday was the first day. Basically I have a question. DOL has already placed an ad
on American job bank. They basically have Bachelors as the requirement. They do not mention what the discipline the bachelors need to be in.
However, the ad my company placed last Friday has Bachelors in computer science or Computer information systems. The job description is the same as the one
DOL posted on American Job bank. Do you think because they just used Bachelors in their posting and my company used Bachelors in Computer Science or CIS will
make a difference. Another words, can DOL reject my labor because of that. DOL, by using Bachelors, they are saying that anyone with Bachelors can apply. While my company is saying, only CIS or CS grads can apply.
Actually my attorney from 2001, made a mistake when he filed ETA 750. He listed education as Bachelors in Computer. So basically the advertisement should have been Bachelors in computer, as such what DOL is asking for. Mirror copy of ETA 750. However my company is saying that Bachelors in Computer is such broad term and does not make sense. That's why they placed the ad with Bachelors in Computer science or information systems. So having said that, what are chances that DOL will reject that advertisement, and make us re do it using Bachelors in Computer like the ETA 750 form is asking. Can we amend the form at this later of the ball game.
The advertisement is like 1000 for 3 days. The company picked up the tab this time, but if it is a mistake then I would have to pay for it. The did not even want to pursue this since they already have PERM and I140 approved for me. Getting this old labor certified for me, I would save a lot of time and be able to file 485 since my date is current. Using PERM priority date, it will take years.
Any thought will be appreciated.
Also, how do I remove him as the contact person for my labor. My company doe not want deal with him anymore.
can they send a letter for Backlog Center in Dallas.
Thanks!
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