tnite
09-11 12:08 PM
Before i begin let me say its my mistake :(
My EAD expires Oct 08 and my lawyer sent me the forms to file in and send it back to him to be filed in Aug 08. But it was delayed by me till last week and was filed yesterday. what are my chances of getting EAD and continue working. In June 08 i went to India and came back using AP so i am not in H1 (i assume).
what should i do if i dont get EAD approved before oct 08?
Thanks:confused:
stop working until you get your EAD
My EAD expires Oct 08 and my lawyer sent me the forms to file in and send it back to him to be filed in Aug 08. But it was delayed by me till last week and was filed yesterday. what are my chances of getting EAD and continue working. In June 08 i went to India and came back using AP so i am not in H1 (i assume).
what should i do if i dont get EAD approved before oct 08?
Thanks:confused:
stop working until you get your EAD
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rahulpaper
09-22 11:25 AM
Yes..you can apply for AP. It is the only way you can reenter into US. I applied for my F1 (spouse) too.
Yes you can write that same reason for the AP appplication.
BTW your F1 is not valid anymore since you showed immigration intent. You are still legal status. If you have Tuition waver/ Stipend or oncampus job...you should also apply for EAD so that you can continue to earn money.
DO check with International office in your university.
I want to apply for AP but I'm not sure if I qualify and I don't want to get rejected as I cannot afford to lose the money. I am here on F-1 visa and got married and subsequently have applied for I-485 and got receipt for it.
1. Can I apply for advanced parole?
2. I want to go home and visit family and/or have AP in case I need to leave. Is this a valid reason? Is this what I write as my reason on form?
Thanks.
Yes you can write that same reason for the AP appplication.
BTW your F1 is not valid anymore since you showed immigration intent. You are still legal status. If you have Tuition waver/ Stipend or oncampus job...you should also apply for EAD so that you can continue to earn money.
DO check with International office in your university.
I want to apply for AP but I'm not sure if I qualify and I don't want to get rejected as I cannot afford to lose the money. I am here on F-1 visa and got married and subsequently have applied for I-485 and got receipt for it.
1. Can I apply for advanced parole?
2. I want to go home and visit family and/or have AP in case I need to leave. Is this a valid reason? Is this what I write as my reason on form?
Thanks.
Blog Feeds
06-08 06:20 PM
H1B Visa Lawyer Blog Has Just Posted the Following:
Secretary Janet Napolitano of the Department of Homeland Security (DHS) announced (http://www.aila.org/content/default.aspx?docid=32175) on June 3, 2010 that the U.S. and France have established an arrangement to implement the Immigration Advisory Program (IAP), which allows for the identification of high-risk travelers at foreign airports before they board aircraft bound for the U.S. This arrangement has been launched at Paris� Charles De Gaulle International Airport. A similar arrangement was entered into on July 1, 2009, implementing IAP at Madrid Barajas International Airport.
The purpose of the IAP is to allow specialized U.S. Customs and Border Protection (CBP) personnel posted in foreign airports to utilize current targeting and passenger analysis information and/or an assessment of passengers� documentation to identify high-risk persons bound for the U.S. and to make �no board� recommendations to carriers and host governments.
Secretary Napolitano believes that the IAP arrangements will enhance the capabilities of both the U.S. and foreign countries in which we have collaborated with to protect our immigration systems as well as the global aviation network from abuse by terrorists and transnational criminals.
DHS currently has IAP arrangements with seven (7) countries and operates at nine (9) locations.
For more information, please visit www.dhs.gov (http://www.dhs.gov/index.shtm)
More... (http://www.h1bvisalawyerblog.com/2010/06/dhs_news_release_us_and_france.html)
Secretary Janet Napolitano of the Department of Homeland Security (DHS) announced (http://www.aila.org/content/default.aspx?docid=32175) on June 3, 2010 that the U.S. and France have established an arrangement to implement the Immigration Advisory Program (IAP), which allows for the identification of high-risk travelers at foreign airports before they board aircraft bound for the U.S. This arrangement has been launched at Paris� Charles De Gaulle International Airport. A similar arrangement was entered into on July 1, 2009, implementing IAP at Madrid Barajas International Airport.
The purpose of the IAP is to allow specialized U.S. Customs and Border Protection (CBP) personnel posted in foreign airports to utilize current targeting and passenger analysis information and/or an assessment of passengers� documentation to identify high-risk persons bound for the U.S. and to make �no board� recommendations to carriers and host governments.
Secretary Napolitano believes that the IAP arrangements will enhance the capabilities of both the U.S. and foreign countries in which we have collaborated with to protect our immigration systems as well as the global aviation network from abuse by terrorists and transnational criminals.
DHS currently has IAP arrangements with seven (7) countries and operates at nine (9) locations.
For more information, please visit www.dhs.gov (http://www.dhs.gov/index.shtm)
More... (http://www.h1bvisalawyerblog.com/2010/06/dhs_news_release_us_and_france.html)
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matrixneo
10-20 12:14 PM
Thanks Guys,
Yes its related to property matters and need to execute on a stamp paper from India, I see below from Indian Consulate, San Francisco website
"If you are obliged to execute the Power of Attorney on a Stamp Paper from India, then please follow the �Apostille� Convention. Once the �Apostille� sticker is affixed to the Power of Attorney, the Consulate is not required to authenticate again the Power of Attorney."
Yes its related to property matters and need to execute on a stamp paper from India, I see below from Indian Consulate, San Francisco website
"If you are obliged to execute the Power of Attorney on a Stamp Paper from India, then please follow the �Apostille� Convention. Once the �Apostille� sticker is affixed to the Power of Attorney, the Consulate is not required to authenticate again the Power of Attorney."
more...
SeanDell
07-09 09:58 PM
Under the new fee structure, does the NO FEE apply only to the initial set of AP documents or also to all the subsequent renewals of AP I-131 document.
Thanks.
Thanks.
USABrightFuture
03-01 01:52 PM
Its been updated
more...
heywhat
07-16 07:41 PM
After so many mails my lawyer said that they have applied for my LC on 06/25. After 15 emails, she replied that LC applied means it is still in advertisement phase ... oops .. They had my papers and all forms with them since Mar'07.
This they are not really confirming that where they have advertised and for which category (EB2 or EB3)..
:mad:
This they are not really confirming that where they have advertised and for which category (EB2 or EB3)..
:mad:
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Cathy_P
January 3rd, 2005, 09:59 PM
Lovely!
more...
austingc
08-02 07:57 AM
hi,
i entered the US on AP in Jan 2010, and at the time of entry, my I94 validity was set for
1 year (viz Jan 2011) - and the AP also noted "AoS" status on it.
(a) Is the validity of my I94 (and thus my legal stay) 1 year, or as i have read elsewhere,
if AoS is pending, then its valid till the AoS case is decided?
(b) If the validity is 1 year, what is the process for extending the I94 validity?
thanks for your time,
-andy
a. Yes, you are on valid AOS status.
b. No need to extend your I-94 as long as your AOS is pending.
i entered the US on AP in Jan 2010, and at the time of entry, my I94 validity was set for
1 year (viz Jan 2011) - and the AP also noted "AoS" status on it.
(a) Is the validity of my I94 (and thus my legal stay) 1 year, or as i have read elsewhere,
if AoS is pending, then its valid till the AoS case is decided?
(b) If the validity is 1 year, what is the process for extending the I94 validity?
thanks for your time,
-andy
a. Yes, you are on valid AOS status.
b. No need to extend your I-94 as long as your AOS is pending.
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msp1976
05-24 05:21 AM
Yes but I was thinking, spouse and children are counted in family based visas and how exempting them will benefit EB visas. Correct me if I'm wrong. :confused:
At present the dependents are counted in the EB cap...So the number 140K for EB is principal applicant+dependents combined...This bill exclude all dependents of EB from any cap...(But the country limits still apply I guess)...
FB and EB cap got nothing to do with each other..
At present the dependents are counted in the EB cap...So the number 140K for EB is principal applicant+dependents combined...This bill exclude all dependents of EB from any cap...(But the country limits still apply I guess)...
FB and EB cap got nothing to do with each other..
more...
kundan
01-20 08:41 PM
Here is my situation:
I was joined as a contractor at CLIENT through client's preferred VENDOR. My paystub runs by my EMPLOYER. I use to submit my timesheets to my EMPLOYER and VENDOR every week. My EMPLOYER runs my paystub everymonth with minimum pay amount and not as per actual earnings. For ex:my actuals were $9500/- per month, he rans for only $6000/- every month. This gap is because he says he didn't receive the payments from VENDOR. With these gaps everymonth the dues between my employer and me has increased a lot, and my employer has to pay to me some $xx thousands dollars. There is no document/written evidence with me from my employer. My employer always tells me on phone, how much they paid to me and how much of mine they are holding.
After my contract completion(for ex:10/30/09) at CLIENT, I joined and started as a Full Time Salaried employee at CLIENT on 11/5/2009. I submitted my resignation to my previous EMPLOYER on 11/16/2009.
I have to collect my dues(ex: $xx thousands) from previous EMPLOYER. How can I proceed further to collect these dues, as there is no document / written evidence with me from him. My previous employer always communicate with me on phone to update the money transactions.
My current visa status is, I am a Green Card holder.
Please help me how to proceed in collecting my dues from my previous employer.
I was joined as a contractor at CLIENT through client's preferred VENDOR. My paystub runs by my EMPLOYER. I use to submit my timesheets to my EMPLOYER and VENDOR every week. My EMPLOYER runs my paystub everymonth with minimum pay amount and not as per actual earnings. For ex:my actuals were $9500/- per month, he rans for only $6000/- every month. This gap is because he says he didn't receive the payments from VENDOR. With these gaps everymonth the dues between my employer and me has increased a lot, and my employer has to pay to me some $xx thousands dollars. There is no document/written evidence with me from my employer. My employer always tells me on phone, how much they paid to me and how much of mine they are holding.
After my contract completion(for ex:10/30/09) at CLIENT, I joined and started as a Full Time Salaried employee at CLIENT on 11/5/2009. I submitted my resignation to my previous EMPLOYER on 11/16/2009.
I have to collect my dues(ex: $xx thousands) from previous EMPLOYER. How can I proceed further to collect these dues, as there is no document / written evidence with me from him. My previous employer always communicate with me on phone to update the money transactions.
My current visa status is, I am a Green Card holder.
Please help me how to proceed in collecting my dues from my previous employer.
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the_immigrant
01-26 04:36 PM
Hello - I have a unique situation. I'm currently in the US on H1B, and my fiance is in India working for a reputed software company. We are planning to get married by end of April.
I want her to come to US on a work visa (hopefully H1B). I got to know that to make the FY09 H1B cap, she has to apply for H1B on Apr 1 2008, and wait till Oct 1 to travel if her visa gets approved. But since we are getting married by end of April, I don't want her to stay in India till October while I'm here.
The other option I was thinking was to apply for her H1B on Apr 1, but still go ahead and apply for H4 in early May, so that she can travel on H4 in May. And once her H1 is approved, she would already be in the US and can start working from Oct 1. Is this possible? Will this plan create any problems for her H4 or H1 visa application?
If the above does not work, what are my other options? If I miss the Apr 1 2008 deadline, the next earliest she can apply for H1 is Apr 1 2009, and work from Oct 1 2009 - and I don't want to wait that long.
Another option is to get married before Apr, get her to US on H4 before Apr, and apply for change of status to H1 on Apr 2008. But the marriage plans for Apr is made and to push the dates back would not be easy.
Any help in this matter is appreciated.
Thanks in advance,
I want her to come to US on a work visa (hopefully H1B). I got to know that to make the FY09 H1B cap, she has to apply for H1B on Apr 1 2008, and wait till Oct 1 to travel if her visa gets approved. But since we are getting married by end of April, I don't want her to stay in India till October while I'm here.
The other option I was thinking was to apply for her H1B on Apr 1, but still go ahead and apply for H4 in early May, so that she can travel on H4 in May. And once her H1 is approved, she would already be in the US and can start working from Oct 1. Is this possible? Will this plan create any problems for her H4 or H1 visa application?
If the above does not work, what are my other options? If I miss the Apr 1 2008 deadline, the next earliest she can apply for H1 is Apr 1 2009, and work from Oct 1 2009 - and I don't want to wait that long.
Another option is to get married before Apr, get her to US on H4 before Apr, and apply for change of status to H1 on Apr 2008. But the marriage plans for Apr is made and to push the dates back would not be easy.
Any help in this matter is appreciated.
Thanks in advance,
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meridiani.planum
07-09 01:09 AM
I believe you should be using your EAD + AC21 after 6 months of filing 485.
did you check elsewhere in the forum, I have seena lot of communication about it before here.
All the best !!
you can use AC21 with H1 transfer also. Using EAD is not mandatory.
did you check elsewhere in the forum, I have seena lot of communication about it before here.
All the best !!
you can use AC21 with H1 transfer also. Using EAD is not mandatory.
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dpp
06-21 08:28 PM
In G-325, there is one column for "Applicant's residence last five years".
For me, I have not submitted my current address by filing AR-11 form. This G-325 is asking my present address plus last addresses. So what should I do? Do I need to send them AR-11 form too?
You are thinking too much. Just give them past addresses. Do not make it complicate. They are just asking for record purposes. They may verify with credit bureaus if they want to investigate further.
For me, I have not submitted my current address by filing AR-11 form. This G-325 is asking my present address plus last addresses. So what should I do? Do I need to send them AR-11 form too?
You are thinking too much. Just give them past addresses. Do not make it complicate. They are just asking for record purposes. They may verify with credit bureaus if they want to investigate further.
more...
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alien2006
07-06 11:15 AM
Is your BS degree a 3 year degree?
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wandmaker
03-31 05:07 PM
My parents are planning to go for a visa interview. What is difference between me inviting them to visit me versus they applying as tourists. I understand that if they apply as tourists they need to provide documents showing that they can support themselves.
Will coming as a tourist diminish the possibility of getting 10 year multiple entry visa. Any thoughts on this issue is much appreciated.
Tourists -> They support themselves financially during entire trip
Invite -> You support them financially during entire trip
The chances of getting 10 years multiple entry as a tourist is less likely, if they apply as tourists. Again, it is up to the I/O.
Will coming as a tourist diminish the possibility of getting 10 year multiple entry visa. Any thoughts on this issue is much appreciated.
Tourists -> They support themselves financially during entire trip
Invite -> You support them financially during entire trip
The chances of getting 10 years multiple entry as a tourist is less likely, if they apply as tourists. Again, it is up to the I/O.
more...
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roseball
03-31 11:28 PM
Hello!
My H1B got expired in Sep 2010, ( applied for transfer before expiry), got RFE and finally approval last week, but 797 form has the validity from current date(approved date) instead of requested date in Sep 2010. So now is the period from sep 2010 to 797 approved date is considered as out of status or how it is? I have paystubs during this time and on job all the time. Any implications while going for h1b stamping in India and or at port of entry and in future GC.
Any inputs are apprciated. Thanks!
If I remember correctly, you are allowed to work for 240 days from the receipt date while your case is pending. If the approval does not come within 240 days, you have to stop working and wait for the approval. You are NOT considered out-of-status as long as your petition was filed before the current H1 expired.
My H1B got expired in Sep 2010, ( applied for transfer before expiry), got RFE and finally approval last week, but 797 form has the validity from current date(approved date) instead of requested date in Sep 2010. So now is the period from sep 2010 to 797 approved date is considered as out of status or how it is? I have paystubs during this time and on job all the time. Any implications while going for h1b stamping in India and or at port of entry and in future GC.
Any inputs are apprciated. Thanks!
If I remember correctly, you are allowed to work for 240 days from the receipt date while your case is pending. If the approval does not come within 240 days, you have to stop working and wait for the approval. You are NOT considered out-of-status as long as your petition was filed before the current H1 expired.
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sbay2006
07-12 05:38 AM
Hi All,
I used the AR-11 form for the change of my address. I did it online. Also, while changing there is an option to change the address for any pending petition. In my case it is the I-485, which I changed.
My question is, how to verify if the address has actually changed in the system at USCIS. I checked my case status online and did not see any LUD's.
Please let me know if anyone of you have done the change of address and share your experience.
Thanks!!!
Call the 1-800 number and navigate to an rep via the POJ method.. You can verify you address with them.
I used the AR-11 form for the change of my address. I did it online. Also, while changing there is an option to change the address for any pending petition. In my case it is the I-485, which I changed.
My question is, how to verify if the address has actually changed in the system at USCIS. I checked my case status online and did not see any LUD's.
Please let me know if anyone of you have done the change of address and share your experience.
Thanks!!!
Call the 1-800 number and navigate to an rep via the POJ method.. You can verify you address with them.
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backtoschool
01-05 04:21 PM
All,
I had posted some queries previously and thanks to all who took time to respond.
As I had said before , I have an admission to study for my MBA outside US for one year. Here is the latest update:
I was thinking I will get a one year leave abscence from my employer ( advt on the website), but apparently they dont support studies as part of the deal.
So i am out of luck;
Considering my situation what do you gurus recommend.
How can I leave US yet maintain my GC process.
My I-140 is approved
Situation:
Spouse in school Full time Studies on I-485 pending. ( entered on F1 then converted to I485..... so going back to F1 is impossible)..
I want her status to be preserved.
My thought:
Resign from my company when I need to leave. Convince them that I will return. Maintain no ties with the company for one year..basically can be compared to being jobless for one year.
and then get a letter that a future similar job will be available with the same Co. ( that sponsored my GC)...
Is this feasible ./practical?
I had posted some queries previously and thanks to all who took time to respond.
As I had said before , I have an admission to study for my MBA outside US for one year. Here is the latest update:
I was thinking I will get a one year leave abscence from my employer ( advt on the website), but apparently they dont support studies as part of the deal.
So i am out of luck;
Considering my situation what do you gurus recommend.
How can I leave US yet maintain my GC process.
My I-140 is approved
Situation:
Spouse in school Full time Studies on I-485 pending. ( entered on F1 then converted to I485..... so going back to F1 is impossible)..
I want her status to be preserved.
My thought:
Resign from my company when I need to leave. Convince them that I will return. Maintain no ties with the company for one year..basically can be compared to being jobless for one year.
and then get a letter that a future similar job will be available with the same Co. ( that sponsored my GC)...
Is this feasible ./practical?
ajithkumar
05-05 01:23 AM
Hi
i was working with employer A (h1b tenure 2006---september 30 2009)...I applied for my extension and also transfer of h1b to company B..got h1b extension sucessfully from 09-2009 to 08/2012...
both the companies A and B are operated by same person..
I went for H1B stamping in november 2009 at Canada ottawa...in the mean time my employer has same adress for company A and company B..My employer has provided me a letter stating that company B has merged with company A so they have same address
The visa officer has found out that they share the same adress and questioned me what is the point of H1B transfer when they share the same adress and both the companies are merged and he refused my h1b visa..
My employer sugessted me to attend again the interview at the newdelhi consulate ..he has provided me the business license ,office land purchase documents and companies merging document...which i have submited to newdelhi consulate..
after 3 months the new delhi consulate sends me a visa denial letter
stating that
we are not able to issue you a visa because:
your petitioner doesnot either be able to provide qualified employment in USA
I129 petition filed on your behlaf has been submitted to USCIS...
My original I797 was returned to me at the time of interview
my question:
Can I apply for a H1B transfer and attend interview again for stamping as I have original I 797???
WHAT OTHER OPTION DO I HAVE...
Please let me know
i was working with employer A (h1b tenure 2006---september 30 2009)...I applied for my extension and also transfer of h1b to company B..got h1b extension sucessfully from 09-2009 to 08/2012...
both the companies A and B are operated by same person..
I went for H1B stamping in november 2009 at Canada ottawa...in the mean time my employer has same adress for company A and company B..My employer has provided me a letter stating that company B has merged with company A so they have same address
The visa officer has found out that they share the same adress and questioned me what is the point of H1B transfer when they share the same adress and both the companies are merged and he refused my h1b visa..
My employer sugessted me to attend again the interview at the newdelhi consulate ..he has provided me the business license ,office land purchase documents and companies merging document...which i have submited to newdelhi consulate..
after 3 months the new delhi consulate sends me a visa denial letter
stating that
we are not able to issue you a visa because:
your petitioner doesnot either be able to provide qualified employment in USA
I129 petition filed on your behlaf has been submitted to USCIS...
My original I797 was returned to me at the time of interview
my question:
Can I apply for a H1B transfer and attend interview again for stamping as I have original I 797???
WHAT OTHER OPTION DO I HAVE...
Please let me know
jaune
03-28 04:09 PM
Hi
Did ur parents mention in their DS-156 as self-financing or did they mention ur name ?
My parents applied for visa ..
documents submitted
1) Bank deposit in US around 9000 $
2) deposit in india about 10000$
3) Job No objection certificate ( parents )
4) affidavit's of support
5) They carried all property documents in india ( valuated by CPA )
6) my H1b1 copy and a letter of invitation from me
thanks
Did ur parents mention in their DS-156 as self-financing or did they mention ur name ?
My parents applied for visa ..
documents submitted
1) Bank deposit in US around 9000 $
2) deposit in india about 10000$
3) Job No objection certificate ( parents )
4) affidavit's of support
5) They carried all property documents in india ( valuated by CPA )
6) my H1b1 copy and a letter of invitation from me
thanks
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