reddymjm
08-10 09:53 AM
As I mentioned in my post, I have applied for H1 in India in April,2007and got approval in August,2007.
My Approved H1 B petition does not have change of status i.e 1-94.
I came to USA on L1 in Feb,2008 and working till date. and my I-94 is valid till Feb,2011.
As I want to shift to H1 B,I think I need to go out of country i.e Canada from USA for H1 B stamping.
My question is:
If for some reason, I have not issued H1 visa at Canada consulate,
Is my L1 is still valid and Can I comeback to USA on my L1 visa and I-94? and Can I continue working on my L1 in USA?
Please suggest me the better approach.
My objective is to switch to H1 using my old approved petiiton and not want to go back to India for H1 stamping.
Regards
As you entered US on L1 after your H1B approval from India, You need to get that H1B stamped to work on H1B.
Looks like it is a one year old H1B. You should have a valid and strong answer when the officer asks you why you did not use that then or why do you want that one stamped now.
Best way is you can ask your H1B holder to apply for another H1B COS as the visa number is already counted against the cap. Hope fully you are not outstide the US for more than 1 year after approval.
If you go to candian consulate and your H1B gets rejected, it is a tough route. As soon as you go to the consulate they will cancel all the existing visas. You can enter the country with an attorney withing 30 days and your company A should be able to do an L1 again or you are out of status.
I strongly recommend you to go to your home country for the visa stamping until unless you have a US masters degree.
Need more PM me.
Good luck.
My Approved H1 B petition does not have change of status i.e 1-94.
I came to USA on L1 in Feb,2008 and working till date. and my I-94 is valid till Feb,2011.
As I want to shift to H1 B,I think I need to go out of country i.e Canada from USA for H1 B stamping.
My question is:
If for some reason, I have not issued H1 visa at Canada consulate,
Is my L1 is still valid and Can I comeback to USA on my L1 visa and I-94? and Can I continue working on my L1 in USA?
Please suggest me the better approach.
My objective is to switch to H1 using my old approved petiiton and not want to go back to India for H1 stamping.
Regards
As you entered US on L1 after your H1B approval from India, You need to get that H1B stamped to work on H1B.
Looks like it is a one year old H1B. You should have a valid and strong answer when the officer asks you why you did not use that then or why do you want that one stamped now.
Best way is you can ask your H1B holder to apply for another H1B COS as the visa number is already counted against the cap. Hope fully you are not outstide the US for more than 1 year after approval.
If you go to candian consulate and your H1B gets rejected, it is a tough route. As soon as you go to the consulate they will cancel all the existing visas. You can enter the country with an attorney withing 30 days and your company A should be able to do an L1 again or you are out of status.
I strongly recommend you to go to your home country for the visa stamping until unless you have a US masters degree.
Need more PM me.
Good luck.
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isthereawayout
02-22 02:22 PM
forgerator - Can you please check your PM?
needinfo80
09-11 11:10 AM
But if your form is signed with today's date then doctor might want you to take blood work again as they are no longer invalid if they are more than 1 yr old.
Again this are grey areas.There are no concrete answers.
Again this are grey areas.There are no concrete answers.
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abingc
08-19 12:46 PM
- Received 2 Yr EAD expiring July 2010
- Current EAD expires in Oct 2008
- 140 Still Pending
- EB2 I, Feb 07 PD
- Current EAD expires in Oct 2008
- 140 Still Pending
- EB2 I, Feb 07 PD
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rockstart
10-18 12:31 PM
I have submited my FP all 10 fingers when I was working for my past employer which was a financial company dealing in Credit Cards business. They collect it when they issue badge as part of security and its a federal requirement for financial company. I am not sure if they maintain it internally or send it to FBI for storage does any one have any info?
kaisersose
02-18 10:26 AM
This is how it works.
DOS will decide on a certain number ovisa to be released during a quarter. They will draw an estimate and set the cut-off to a certain date so that USCIS can request visa numbers.
As an example, let us say they decide to release 500 visa numbers for India EB2 the following month and set the cut off for that category to April 2004. USCIS will have a demand for thousands of visa numbers for EB2 India with PDs earlier than that date. DOS will release the 500 numbers and then they will push the date back to April 2002 or something to cut down supply till the next quarter. If there is demand for visa numbers even below this cut off date, they will reduce it further or change it to U.
We could have predicted the movement better if USCIS and DOS were one. But since they are not, it is almost impossible. Like how DOS shocked USCIS last year by unexpectedly setting all PDs to current. The other complication is since many EB3 are now changing over to EB2 with earlier PDs, forget DOS, even USCIS does not know how many EB2s it will have to process.
In short, continue to expect the same pattern of erratic movement.
DOS will decide on a certain number ovisa to be released during a quarter. They will draw an estimate and set the cut-off to a certain date so that USCIS can request visa numbers.
As an example, let us say they decide to release 500 visa numbers for India EB2 the following month and set the cut off for that category to April 2004. USCIS will have a demand for thousands of visa numbers for EB2 India with PDs earlier than that date. DOS will release the 500 numbers and then they will push the date back to April 2002 or something to cut down supply till the next quarter. If there is demand for visa numbers even below this cut off date, they will reduce it further or change it to U.
We could have predicted the movement better if USCIS and DOS were one. But since they are not, it is almost impossible. Like how DOS shocked USCIS last year by unexpectedly setting all PDs to current. The other complication is since many EB3 are now changing over to EB2 with earlier PDs, forget DOS, even USCIS does not know how many EB2s it will have to process.
In short, continue to expect the same pattern of erratic movement.
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samcam
05-19 02:39 PM
Welcome to our newest member, mmohan03
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MetteBB
05-11 01:57 PM
O... how about this one ?
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little_willy
08-15 11:28 PM
^^^^^^^^^
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logiclife
06-18 06:04 PM
Exactly the same as mine (except that I needed to copy whole passport)
That is the exact list my lawyer has sent me. Ditto. Also, he too asked for copy of all pages (blank and printed, every single page) of passport.
That is the exact list my lawyer has sent me. Ditto. Also, he too asked for copy of all pages (blank and printed, every single page) of passport.
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nixone
08-27 10:03 AM
Thanks chantu and fresheb2.
I have one more question regarding plane tickets. My parents bought ticket that has OPEN RETURN DATE, but the maximum validity of the ticket is SIX months.
They do not know the exact date when they are going to return and they also do not know how long the stay permit will be given to them (even though I have heard that normally 6-month stay is given). Now some people are saying that the Officer at Port of Entry does not like when there is no specific date of return.
Do you guys think my parents need to change the ticket or they need to have the return date mentioned on the ticket (the date that we do not know yet)? They are flying in less than 2 days. Thanks.
I have one more question regarding plane tickets. My parents bought ticket that has OPEN RETURN DATE, but the maximum validity of the ticket is SIX months.
They do not know the exact date when they are going to return and they also do not know how long the stay permit will be given to them (even though I have heard that normally 6-month stay is given). Now some people are saying that the Officer at Port of Entry does not like when there is no specific date of return.
Do you guys think my parents need to change the ticket or they need to have the return date mentioned on the ticket (the date that we do not know yet)? They are flying in less than 2 days. Thanks.
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shubhn
05-27 02:57 PM
I applied for my 7th year H1-B extension in March (Mat 14th) and received a WAC case number. As per the USCIS case search, It was approved last week. But I have not yet seen any confirmation from my attorney.
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desi3933
02-23 11:03 AM
Hi
We are in AOS pending status. I am on EAD.
After seeing the economy I am planning to send my wife to India. She is pregnant (2 months). Now I have job and in future if I get into any trouble with project Etc.. I need to pay the medical insurance and will have lot of financial issues.
How difficult is to bring new infant to US from India while our AOS is pending and apply 485. (Visitor visa Etc..)
Any suggestions.
Thanks
Since you are not on H1 visa status anymore, child can not get H-4 visa to enter into USA. Your child must get immigrant visa as follow-to-join. Immigrant visa can be issued only when your PD is current. You will need to file I-824 with USCIS. (Link for I-824 (http://www.uscis.gov/files/form/I-824.pdf))
________________________
Not legal advice.
US citizen of Indian origin
We are in AOS pending status. I am on EAD.
After seeing the economy I am planning to send my wife to India. She is pregnant (2 months). Now I have job and in future if I get into any trouble with project Etc.. I need to pay the medical insurance and will have lot of financial issues.
How difficult is to bring new infant to US from India while our AOS is pending and apply 485. (Visitor visa Etc..)
Any suggestions.
Thanks
Since you are not on H1 visa status anymore, child can not get H-4 visa to enter into USA. Your child must get immigrant visa as follow-to-join. Immigrant visa can be issued only when your PD is current. You will need to file I-824 with USCIS. (Link for I-824 (http://www.uscis.gov/files/form/I-824.pdf))
________________________
Not legal advice.
US citizen of Indian origin
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factoryman
02-09 07:21 PM
Congressmen from hi-tech SF and CA.
Rep. Lofgren (D - CA) : 16th District - San Jose
Rep. Eshoo (D- CA) : 14th District - San Francisco, San Jose, Santa Cruz
Rep. Pelosi (D - CA) : 8th District - San Francisco and north
That is why they may be using this tactic to bring pressure from hospitals from that area. Anyone from here spoke or wrote to these congressmen, that I posted in the other thread (http://immigrationvoice.org/forum/showpost.php?p=47625&postcount=1) at IV.
Rep. Lofgren (D - CA) : 16th District - San Jose
Rep. Eshoo (D- CA) : 14th District - San Francisco, San Jose, Santa Cruz
Rep. Pelosi (D - CA) : 8th District - San Francisco and north
That is why they may be using this tactic to bring pressure from hospitals from that area. Anyone from here spoke or wrote to these congressmen, that I posted in the other thread (http://immigrationvoice.org/forum/showpost.php?p=47625&postcount=1) at IV.
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software7
05-27 11:54 AM
Receipt Number: LINXXXXXXXXXX
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: This case is now pending at the office to which it was transferred.
Following are the possibilities.
1. Office might request for any documents required to process.
2. INterview may be scheduled.
Or can get request for another set of finger prints if 1st set is expired. ( Usually finger prints are valid for 15 months)
or may be some other process. I am not sure.
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: This case is now pending at the office to which it was transferred.
Following are the possibilities.
1. Office might request for any documents required to process.
2. INterview may be scheduled.
Or can get request for another set of finger prints if 1st set is expired. ( Usually finger prints are valid for 15 months)
or may be some other process. I am not sure.
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satishku_2000
07-08 03:18 PM
Yeah it was on fox news live, This guy Tom Tancredo says people dont have "right to green card". As far as I understand I dont beleive that I have a right to green card and I beleive vast majority people on this forum know that fact.
Mere submitting AOS application does not guarentee Green card for anyone , If Tom Tancredo has problem with lawsuits for due process he should be more concerned how CIS handled 60000 applications in 12 working days.
Mere submitting AOS application does not guarentee Green card for anyone , If Tom Tancredo has problem with lawsuits for due process he should be more concerned how CIS handled 60000 applications in 12 working days.
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shirish
09-11 11:17 AM
Any one who did not send the medicals with the I-485 application, got RFE yet?
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belmontboy
12-08 03:43 PM
We are legal immigrants and most importantly - tax payers, shouldn't that be enough??
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ivar
04-09 05:44 PM
Good luck, atleast you are in EB2
Thanks gcseeker.
I am extremely happy that i am in EB2 :D . I filled one PERM in Mar 06 that was in EB2 and i also filed one in JUN 07 that was also in EB2 and now one more in EB2. :D :D :D (moral of the story, EB2 or EB3 or EB1 doesn't matter, what matters is destiny, if you are destined to get GC you will get it else no matter how much you apply you will always be in Queue)
Thanks for your wishes, lets see how many PERMs i am going to apply before i complete my 6 years on H1b.
Thanks gcseeker.
I am extremely happy that i am in EB2 :D . I filled one PERM in Mar 06 that was in EB2 and i also filed one in JUN 07 that was also in EB2 and now one more in EB2. :D :D :D (moral of the story, EB2 or EB3 or EB1 doesn't matter, what matters is destiny, if you are destined to get GC you will get it else no matter how much you apply you will always be in Queue)
Thanks for your wishes, lets see how many PERMs i am going to apply before i complete my 6 years on H1b.
prince_charming
11-30 01:05 AM
Hi Prince,
Would you please tell me if your status is updated yet? If yes, How long did it take from MTR approval to updated status?
I have an approved MTR but it says that they are going to review my I-140. I have no idea how long will it take. Is there any possibility that the deny I-140 after Approval of MTR(I290B)?
Thanks,
Its been 2 years but my I-485 still shows denied although my MTR got approved and i have renewed 2 EADs and 2 APs etc.
Don't know for sure but i sent a letter to whitehouse and they sent a response couple of months later indicating my case is waiting for VISA number and everything else is alright.
And since my EADs and APs are approved in 2 years i am not that worried about online showing denied.
Would you please tell me if your status is updated yet? If yes, How long did it take from MTR approval to updated status?
I have an approved MTR but it says that they are going to review my I-140. I have no idea how long will it take. Is there any possibility that the deny I-140 after Approval of MTR(I290B)?
Thanks,
Its been 2 years but my I-485 still shows denied although my MTR got approved and i have renewed 2 EADs and 2 APs etc.
Don't know for sure but i sent a letter to whitehouse and they sent a response couple of months later indicating my case is waiting for VISA number and everything else is alright.
And since my EADs and APs are approved in 2 years i am not that worried about online showing denied.
qualified_trash
07-07 01:09 PM
Investing in a company -> Yes (shareholder)
Own a company -> No
On H1b, you are not even supposed to make money via Google Adsense. Even if the money is diverted to your home country you have to quote these earnings on your taxes. H1b visa holder has to quote his/her worldwide income and its unclear if your income in your home country is taxed here be it Adsense income or a business.
No wonder many entrepreneurial ideas either die or are taking roots in Korea, India or China!
This has been my research on the internet and is not from a legal advisor.
Could you tell me what the difference is between owning a company and being a shareholder? :-))
Jokes apart, you can definitely own a company on an H1. You CANNOT work for it unless you file a H1 for yourself through your own company.
Own a company -> No
On H1b, you are not even supposed to make money via Google Adsense. Even if the money is diverted to your home country you have to quote these earnings on your taxes. H1b visa holder has to quote his/her worldwide income and its unclear if your income in your home country is taxed here be it Adsense income or a business.
No wonder many entrepreneurial ideas either die or are taking roots in Korea, India or China!
This has been my research on the internet and is not from a legal advisor.
Could you tell me what the difference is between owning a company and being a shareholder? :-))
Jokes apart, you can definitely own a company on an H1. You CANNOT work for it unless you file a H1 for yourself through your own company.
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