nlssubbu
12-24 01:22 PM
Hi,
I have a question:
- H1-B's I-797 is valid, but visa stamping has expired.
- I use AP document to re-enter.
- I do not use EAD at all
After using AP, can I move to a different company by petitioning for H1-B?
The other question is: Is it worthwhile to go for H1-B stamping when I have an AP?
I don't see a reason for you going in for H1-B stamping. You can enter using AP and still have H1B validity, if you don't use EAD for job. If different company willing to sponsor H1, then you can transfer it without any issue. Please make sure that the job offer from the new company is "same or similar" in nature.
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Detailed scenario
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My only reason for being on H1-B is to have a backup if there is a problem with my I-485 application. I don't want to use EAD, since it will terminate my H1-B status. With the recent retrogression I think its going to be a real long while.
My questions are:
1. If I use the AP (and don't use EAD), I read that I can be on H1-B with the same employer, and get my H1-B renewed with the same company. However, in future can I re-apply for a H1-B through some other company?
As stated by you, use of AP does not invalidate your H1B. If you want to change employer, you can transfer the existing H1B instead of re-apply for a new one.
2. If I use my AP, I will be on a parolee status (on I-94), so when reapply for H1-B, and I send my I-94 , would my new H1-B be approved? Any such cases? Links, etc. would be helpful
I myself came back to US using AP thrice and extended my H1B twice after such entry. You need not send your existing I-94 to them. Your H1B will come with the new I-94 with the same number of your white one for the extended time period.
I have a appt. in Chennai in mid january and am wondering if its worthwhile to go there at all. I have seen some messages about delays in visa approvals.
I think it is only waste of time (to go to consulate) and money (to spend for the visa stamping)
Thanks
Thanks
I have a question:
- H1-B's I-797 is valid, but visa stamping has expired.
- I use AP document to re-enter.
- I do not use EAD at all
After using AP, can I move to a different company by petitioning for H1-B?
The other question is: Is it worthwhile to go for H1-B stamping when I have an AP?
I don't see a reason for you going in for H1-B stamping. You can enter using AP and still have H1B validity, if you don't use EAD for job. If different company willing to sponsor H1, then you can transfer it without any issue. Please make sure that the job offer from the new company is "same or similar" in nature.
-----------------
Detailed scenario
-----------------
My only reason for being on H1-B is to have a backup if there is a problem with my I-485 application. I don't want to use EAD, since it will terminate my H1-B status. With the recent retrogression I think its going to be a real long while.
My questions are:
1. If I use the AP (and don't use EAD), I read that I can be on H1-B with the same employer, and get my H1-B renewed with the same company. However, in future can I re-apply for a H1-B through some other company?
As stated by you, use of AP does not invalidate your H1B. If you want to change employer, you can transfer the existing H1B instead of re-apply for a new one.
2. If I use my AP, I will be on a parolee status (on I-94), so when reapply for H1-B, and I send my I-94 , would my new H1-B be approved? Any such cases? Links, etc. would be helpful
I myself came back to US using AP thrice and extended my H1B twice after such entry. You need not send your existing I-94 to them. Your H1B will come with the new I-94 with the same number of your white one for the extended time period.
I have a appt. in Chennai in mid january and am wondering if its worthwhile to go there at all. I have seen some messages about delays in visa approvals.
I think it is only waste of time (to go to consulate) and money (to spend for the visa stamping)
Thanks
Thanks
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don840
04-03 06:06 PM
Have had unfortunate turn of events and need your guidance.
I had a valid approved h1 petition and i-94 for 2005 through company A.
Company filed for extension of h1 in 2007 and received approved h1 and i-94 valid till 2010. Did not travel out of the country at that time.
Filed for AOS 485, EAD, AP in 2007. Traveled and entered US using AP in 2008.
USCIS did inquiry and has revoked 2005 h1 because of incorrect LCA filing by the company. They have also said that because of incorrect LCA filing, I am in violation of h1 status. Attorneys have advised that USCIS will retroactive hold me as 'out-of-status' but not unlawful present as I was working in good faith based on an approved petition and unexpired i-94s.
The 2007 h1 was also filed in similar fashion as the 2005 h1.
Although USCIS has not revoked current 2007-2010 h1, there is a possibility of that happening. The 485 might be denied in that case.
The only option is to get on h4 by applying from consulate in India.
Since I will be now answering yes to question 38 (have you violated terms of US visa, or unlawful present..?) I have also shown as intent to immigrate based on my 485 filing.
I want to know my chances of getting an h4 approved.
I had a valid approved h1 petition and i-94 for 2005 through company A.
Company filed for extension of h1 in 2007 and received approved h1 and i-94 valid till 2010. Did not travel out of the country at that time.
Filed for AOS 485, EAD, AP in 2007. Traveled and entered US using AP in 2008.
USCIS did inquiry and has revoked 2005 h1 because of incorrect LCA filing by the company. They have also said that because of incorrect LCA filing, I am in violation of h1 status. Attorneys have advised that USCIS will retroactive hold me as 'out-of-status' but not unlawful present as I was working in good faith based on an approved petition and unexpired i-94s.
The 2007 h1 was also filed in similar fashion as the 2005 h1.
Although USCIS has not revoked current 2007-2010 h1, there is a possibility of that happening. The 485 might be denied in that case.
The only option is to get on h4 by applying from consulate in India.
Since I will be now answering yes to question 38 (have you violated terms of US visa, or unlawful present..?) I have also shown as intent to immigrate based on my 485 filing.
I want to know my chances of getting an h4 approved.
BornConfused
07-03 11:01 AM
LOL!
You are missing the point! Those flowers aren't meant for them! It is to show our protest in a unique way that will attract attention from the media! Till date there are only 3 websites that I have come across that covers this fiasco... Don't you want our plight announced in the media???
It may not make a difference today... but it will definitely make a difference tomorrow if we keep it up. Let the public know more about this broken immigration system. Raise awareness about every pain that we go through!
Of course I want this in the media, it SHOULD be in the media, it's pathetic that it isn't. Shows how little they care about new immigrants considering how most of us are very skilled workers and deserve this.
I am sending a message to my local fox news and if I have time maybe I will mail other news media at their websites-just to inform them about this. THAT is better than sending USCIS flowers. And it's still a Ghandi-esque protest.
You are missing the point! Those flowers aren't meant for them! It is to show our protest in a unique way that will attract attention from the media! Till date there are only 3 websites that I have come across that covers this fiasco... Don't you want our plight announced in the media???
It may not make a difference today... but it will definitely make a difference tomorrow if we keep it up. Let the public know more about this broken immigration system. Raise awareness about every pain that we go through!
Of course I want this in the media, it SHOULD be in the media, it's pathetic that it isn't. Shows how little they care about new immigrants considering how most of us are very skilled workers and deserve this.
I am sending a message to my local fox news and if I have time maybe I will mail other news media at their websites-just to inform them about this. THAT is better than sending USCIS flowers. And it's still a Ghandi-esque protest.
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helph1b
08-28 07:03 AM
Hi Vani,
Even I have not yet received receipt number for the H1 application filed on 7-April-2009 by my employer in NJ USA. I was also given fedex tracking number for the application that was sent on 7-April-2009. But there is really no clue if the packet sent was really mine. So we are hopeless.
Are you still in contact with your employer about the H1 application case?
Let me know if you get any updates.
Even I have not yet received receipt number for the H1 application filed on 7-April-2009 by my employer in NJ USA. I was also given fedex tracking number for the application that was sent on 7-April-2009. But there is really no clue if the packet sent was really mine. So we are hopeless.
Are you still in contact with your employer about the H1 application case?
Let me know if you get any updates.
more...
alkg
10-24 10:19 AM
July 2nd Filer.
Reciept notice received on October 11th on Phone.
Waiting for EAD,AP.
FP Not Done
Still waiting for physical receipts ,EAD and AP.............
:mad::(:confused:
Reciept notice received on October 11th on Phone.
Waiting for EAD,AP.
FP Not Done
Still waiting for physical receipts ,EAD and AP.............
:mad::(:confused:
senk1s
10-09 04:54 PM
i thought this was just an interpretation of AC21 (and how it applies to the current situation)
more...
kumar1305
01-26 07:33 PM
Instead of all this country caps, applying for GC and waiting, why don't they get a rule like European countries? In UK, netherlands and Denmark it is very simple. All you have to do is prove that you made more money (ofcouse taxes count) than the stipulated amount by the government. Pay the taxes for 4 or 5 years and take the GC(Permanent Resident). Simple no lawyer no crap. Country benefits we benefit. I lived in UK for more than 3 years and I would have become a citizen by now. But never wanted to be in UK, it was only a stop over. I always loved America, don't know why? Do you think it is because of Hollywood? I'm kidding. But still I love this country. Hope things will change some day. If not my daughter will sponsor me when she turns 21.
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rajuram
11-23 09:40 PM
Also include some text which says that you were an fulltime employee (40 hrs per week)...
more...
LayoffBlog
01-27 01:32 PM
Royal Philips Electronics plans to cut 6,000 jobs. Those cuts could include layoffs at a Latham[,NY] operation.�I know that cuts across all sectors and all geographies,� said Ian Race, a spokesman for Holland-based Philips.Philips has 500 employees in Latham.Source: The Business Review (Albany)Posted in Electronics, US, worldwide Tagged: Philips, Philips layoffs http://stats.wordpress.com/b.gif?host=layoffblog.com&blog=5255291&post=1241&subd=layoffblog&ref=&feed=1
More... (http://layoffblog.com/2009/01/26/philips-to-cut-6000-jobs/)
More... (http://layoffblog.com/2009/01/26/philips-to-cut-6000-jobs/)
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immi2006
10-21 11:48 PM
Husband + Wife - 1 Application
Wife - Seperate Appln. ( Will do follow to join incase by chance the first one gets stuck
Wife - Seperate Appln. ( Will do follow to join incase by chance the first one gets stuck
more...
karthikgk
10-19 07:13 PM
Same situation here for my wife, we applied only on 29 Jun and current EAD expiring on 22 Aug. We totally forgot about it. She is working for a very reputed bank in NY. Yesterday she received a call from HR asking if she had applied for EAD renewal. She explained the situation and asked them what to do. This is their reply:"That's not a problem. You can work for 180 days after expiry. Just send me a copy of the receipt notice once you receive it".
I think this essentially means the 245(k). So I went back to read the same top to bottom, and looks like you are allowed to work not exceeding 180 days.
I will update once i get more clarification.
Hello,
Looks like probably me and my wife will end up in a situation with an expired EAD - we did receive a receipt of our renewal application.
What did you guys do? Did you continue working after the EAD expired? Or take a temporary break? Or did u luck out and got ur EAD just in time?
Any help/suggestion/advise is much appreciated - as you may imagine, I am worried sick
I think this essentially means the 245(k). So I went back to read the same top to bottom, and looks like you are allowed to work not exceeding 180 days.
I will update once i get more clarification.
Hello,
Looks like probably me and my wife will end up in a situation with an expired EAD - we did receive a receipt of our renewal application.
What did you guys do? Did you continue working after the EAD expired? Or take a temporary break? Or did u luck out and got ur EAD just in time?
Any help/suggestion/advise is much appreciated - as you may imagine, I am worried sick
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realist
11-19 08:28 AM
I have a similar situation, I would like for my brother to come here on a visitor's visa. He is an engineer and is currently working in a University. It would greatly help if you could share your experience on how and if you were successful in getting the visa
more...
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pd_recapturing
06-20 05:51 PM
If my I 140 approval notice does not have A#, what does it mean? How come, lots of ppl have A# on the I140 approval notice but a few like me dont have? Any idea, what should I fill for A# in 485 forms?
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reddog
01-21 11:03 AM
Money.........
more...
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psk79
06-06 02:31 AM
Don't worry. You should have signed on teh signature waiver section so that they leave it int he mail box. I signed it but still it was received by some uscis person with a different mail box. But mine reached there on 30th and just yesterday my checks are cashed. Looks like there are a ton of applicants, so be ready for some receipting delays...
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mmk123
12-19 04:41 AM
After near to unsuccessful attempt to spoil healthcare, *R* team is getting ready to spoil immigration reform efforts. Writer is well-known for talking baseless, stupid and racist comments. But, unfortunately the political atmosphere is such that even SJ news-paper couldn't resist posting this. Fasten your seat belts and get ready for even more bumpier ride than health reform.
more...
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TO BE OR NO TO BE
05-18 12:14 PM
Great work IV core team! EB immigration will be benefited by the work done by IV core team sooner or later. Keep it up!!
One will wonder that Indian Government will do something as the India and her economy are benefited by EB immigration big time in last decade. In the global economy the overseas workers are the greatest strength India has and as usual they are completely ignoring the problems faced by EB immigrants in the USA.
Just a thought,
One will wonder that Indian Government will do something as the India and her economy are benefited by EB immigration big time in last decade. In the global economy the overseas workers are the greatest strength India has and as usual they are completely ignoring the problems faced by EB immigrants in the USA.
Just a thought,
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tikka
06-03 01:14 PM
http://immigrationvoice.org/forum/showthread.php?t=4618&page=23
Thank you
Thank you
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maddipati1
08-15 12:54 PM
Great.. please contribute to DC rally in anyway you can.
Great.. update ur profile with ur contribution
Great.. update ur profile with ur contribution
ndialani
11-23 06:31 PM
I send through Wells Fargo to ICICI bank in Inida. You can open a remmitance account with wels fargo and wire transfer yourself. Every $1000 dollars they charge $9 dollars.
Advantage is money is there in 2 days.
Simplest way is ...send your mom, post dated checks for the whole year. Mail it through Prioriy mail using USPS.....ony costs 5 dollars. She can deposit the check every month. I 've been doing it for longest time.
Only , in case of emergency and you want to transfer 5000 or more, i like Wells Fargo Service.
Advantage is money is there in 2 days.
Simplest way is ...send your mom, post dated checks for the whole year. Mail it through Prioriy mail using USPS.....ony costs 5 dollars. She can deposit the check every month. I 've been doing it for longest time.
Only , in case of emergency and you want to transfer 5000 or more, i like Wells Fargo Service.
a_yaja
01-08 11:01 AM
Thank you for the quick response.
You said there are 3 copies of AP. But my lawyer sent me only 2 copies. Is that a problem???
I don't think so. I applied for AP on my own - and I got only 2 copies, not three.
You said there are 3 copies of AP. But my lawyer sent me only 2 copies. Is that a problem???
I don't think so. I applied for AP on my own - and I got only 2 copies, not three.
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