perm2gc
09-07 05:00 PM
I meant before I am out of status.
Also, if there are no paystubs for that period, are there any implications in regards to GC processing or any other way ?
Thanks a bunch.
OzIn Some Cases USCIS may ask paystubs before approving the H1(So be careful with company A..you need them until you get the approval notice). In case of GC, couple of months will not effect the process.
Also, if there are no paystubs for that period, are there any implications in regards to GC processing or any other way ?
Thanks a bunch.
OzIn Some Cases USCIS may ask paystubs before approving the H1(So be careful with company A..you need them until you get the approval notice). In case of GC, couple of months will not effect the process.
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malepati
09-14 05:50 AM
My OPT started on July 12th, 2006 and I did not apply for my H1-B last year because the advanced degree cap quota was reached even before I got my job. Now, my OPT expired on July11th, 2007. My attorney suggested me to use the 60 days grace period to stay in U.S and get my H1-B Visa stamped in Chennai, India (Because, the 60 days grace period will get over by September 11th, 2007 and there is 19 days gap before my H1-B starts). In the H1-B approval notice it is clearly mentioned that I would attend the Chennai consulate for my stamping. The problem is that, I am not able to find available dates in Chennai consulate for H1-B stamping. Can I attend Delhi or Mumbai consulates? Please suggest me a way to come out of this situation.
unchew
06-06 11:52 PM
Ok, i'll do that tomorrow... and will leave just one square so that it is ALONE.
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hotshots
06-22 11:16 AM
My friend who is currently working for a IT consulting firm has applied for H1B transfer to a direct hire position with a leading healthcare co. He is currently maintaining H1B status, working and getting paid.
He came to US originally on L1B in 2005 and applied for a L1 to H1B transfer (with change of status) which was approved in Oct 2006. The problem - he continued working for the L1B firm till Dec 06 and then joined the H1B employer. At that time, he did not know that he was supposed to start working for H1B employer right from Oct 2006 when the COS was approved. The lawyer who filed the application advised him that it was OK to continue working for the L1B firm till Dec. He has subsequently maintained H1B status at all times and has even travelled out of the country, got H1B stamped etc. without any issue.
Questions:
- Was he out of status for 2 months (Oct to Dec 2006) when he continued working for the L1 firm even after COS approval?
- Could this be a problem for the H1B transfer that has been currently applied for. Does USCIS check only whether the individual is currently maintaining H1B status, or do they go back and look for past periods also to determine status violations?
- Even if USCIS determines he had violated his status, is there any provision (like 245k) which protects him for the current H1B transfer, since the potential out of status period was only 2 months?
Thanks much!!
He came to US originally on L1B in 2005 and applied for a L1 to H1B transfer (with change of status) which was approved in Oct 2006. The problem - he continued working for the L1B firm till Dec 06 and then joined the H1B employer. At that time, he did not know that he was supposed to start working for H1B employer right from Oct 2006 when the COS was approved. The lawyer who filed the application advised him that it was OK to continue working for the L1B firm till Dec. He has subsequently maintained H1B status at all times and has even travelled out of the country, got H1B stamped etc. without any issue.
Questions:
- Was he out of status for 2 months (Oct to Dec 2006) when he continued working for the L1 firm even after COS approval?
- Could this be a problem for the H1B transfer that has been currently applied for. Does USCIS check only whether the individual is currently maintaining H1B status, or do they go back and look for past periods also to determine status violations?
- Even if USCIS determines he had violated his status, is there any provision (like 245k) which protects him for the current H1B transfer, since the potential out of status period was only 2 months?
Thanks much!!
more...
munnu77
06-09 04:41 PM
good luck!!
narentilwani
03-05 02:04 PM
I believe my situation is a lot similar to man-woman-and-gc except maybe that I am single. This is what I have achieved so far after sticking to Company A for 4.5 years (this one was pretty big in size; so didn't have to worry about any paperwork):
1) I-140 approved in August 2008 (total of 198 days till date i.e. March 5th 2009)
2) I-485 pending since July 2007 (USCIS receipt date of September 29 2007)
3) EAD valid till October 2010
4) H1-B valid till October 2010
5) PD: Feb 2007
However as a preemptive measure against any potential layoff from company A, I have started looking around. I am preparing a checklist of things that I have to inform the other companies (say company B) so that the transition is smooth. The 2 main things I can think of to talk about with any potential employer are:
1) I DEFINITELY want to maintain my H1-B; so they will have to transfer it. I will be pushing this to make sure I have the flexibility to get a dependent at any time
2) They will have to help me MAINTAIN my GC process. For example any minor changes in the position requirements to show that the job is similar or same. Thats one reason I am primarily looking at similar work profiles
I would GREATLY appreciate if someone from this thread can point me to any location or list out the things that I should be extremely careful about or notify to both my previous employer and the future employer to avoid any future pains in my GC process. A few things that I remember are as follows, but please provide more information that may be missed out here:
1) Do I have to ask Company B to apply for anything relating to my GC? I want to make sure that they know and agree to all costs associated with the paperwork? Dont want to end up paying from my pocket as I have heard in a few cases before
2) I believe since my I-140 is approved for more than 180 days or actually my I-485 being filed for more than 180 days, I am allowed to move, correct?
3) Since my I-140 is approved and I have an EAD, can USCIS/Company A cause it to be revoked? OR it doesn't apply to my case?
4) Do I need to ask Company A to maintain anything? Or just keeping good relations with them is enough :)
Thanks a lot to everyone in advance. Please let me know at your earliest convenience as you never know when opportunities come knocking at your door. Its better to be prepared ;)
1) I-140 approved in August 2008 (total of 198 days till date i.e. March 5th 2009)
2) I-485 pending since July 2007 (USCIS receipt date of September 29 2007)
3) EAD valid till October 2010
4) H1-B valid till October 2010
5) PD: Feb 2007
However as a preemptive measure against any potential layoff from company A, I have started looking around. I am preparing a checklist of things that I have to inform the other companies (say company B) so that the transition is smooth. The 2 main things I can think of to talk about with any potential employer are:
1) I DEFINITELY want to maintain my H1-B; so they will have to transfer it. I will be pushing this to make sure I have the flexibility to get a dependent at any time
2) They will have to help me MAINTAIN my GC process. For example any minor changes in the position requirements to show that the job is similar or same. Thats one reason I am primarily looking at similar work profiles
I would GREATLY appreciate if someone from this thread can point me to any location or list out the things that I should be extremely careful about or notify to both my previous employer and the future employer to avoid any future pains in my GC process. A few things that I remember are as follows, but please provide more information that may be missed out here:
1) Do I have to ask Company B to apply for anything relating to my GC? I want to make sure that they know and agree to all costs associated with the paperwork? Dont want to end up paying from my pocket as I have heard in a few cases before
2) I believe since my I-140 is approved for more than 180 days or actually my I-485 being filed for more than 180 days, I am allowed to move, correct?
3) Since my I-140 is approved and I have an EAD, can USCIS/Company A cause it to be revoked? OR it doesn't apply to my case?
4) Do I need to ask Company A to maintain anything? Or just keeping good relations with them is enough :)
Thanks a lot to everyone in advance. Please let me know at your earliest convenience as you never know when opportunities come knocking at your door. Its better to be prepared ;)
more...
pramodirt
07-02 11:08 AM
Thank you very much
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lkapildev
04-14 12:02 PM
I got the email today, per email card production ordered on April 12th 2008.
Filing dates as follows:
485 filing date July 27 2007:
485 Notice date Sept 26 2007
I140 with LC SUB EB-2 with PD July/2001 approved on Jan 2008
Best of luck for you all!!
Wish you a happy indian new year.
Filing dates as follows:
485 filing date July 27 2007:
485 Notice date Sept 26 2007
I140 with LC SUB EB-2 with PD July/2001 approved on Jan 2008
Best of luck for you all!!
Wish you a happy indian new year.
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enigma
10-22 05:00 PM
I am in Austin, I got my FP done on 10/11 in San Antonio. It was a pleasant experience if you go early. My applicatoin was reached NSC on 2nd July. Got EAD, but no AP yet.
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Aura M.
01-14 04:07 PM
I am in the same boat, and am not sure if a lawyer is needed or is it something simple enough that "even a caveman" can do it??
I am not trying to hijack your thread, thought it'll be appropriate to add it to the thread that you have started.
I will do it my self, but I need to be inform before, to avoid any mixtakes, I think is not impossible without a lawyer...
I am not trying to hijack your thread, thought it'll be appropriate to add it to the thread that you have started.
I will do it my self, but I need to be inform before, to avoid any mixtakes, I think is not impossible without a lawyer...
more...
sbmallik
06-30 01:19 PM
In that situation, your wife can re-enter using the H-4 stamp.
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stnkycheezman
11-24 11:02 AM
Need a web designer
I'm looking for a web designer that could possibly help me redsign my website. I need him/her to be pretty familiar with Flash and animation.
Website will contain:
-photo gallery (photos provided)
-video clips (videos provided)
-community member profiles
-membership "join" form
-graphic effects
-guest book
-music/sound effects
-a lot of animation and graphic motion
The site will be formatted a little differently from normal sites, so be ready for a long explanation when you contact me. It's going to be a personal website and I have a fairly low budget. I need it to be $800 US or less. I'm fairly loose as far as a deadline is concerned. If you're interested, email me at stnkycheezman@hotmail.com. Hotmail has a tendency to block incoming email so you can also message me on AIM: stnkycheezman. If you'd like to take a look, my current website is OCFederation.com. Before I decide to hire you, you need to contact me so i can relay my ideas. You then need to make me a sample of the ideas that I give you, if I approve, you're hired. Before you continue, I should say that the task of fabricating my ideas will probably be a challenging one. This won't be an easy project, but if you can pull it off...it will be a good project to have in your portfolio.
Thanks,
Calvin
I'm looking for a web designer that could possibly help me redsign my website. I need him/her to be pretty familiar with Flash and animation.
Website will contain:
-photo gallery (photos provided)
-video clips (videos provided)
-community member profiles
-membership "join" form
-graphic effects
-guest book
-music/sound effects
-a lot of animation and graphic motion
The site will be formatted a little differently from normal sites, so be ready for a long explanation when you contact me. It's going to be a personal website and I have a fairly low budget. I need it to be $800 US or less. I'm fairly loose as far as a deadline is concerned. If you're interested, email me at stnkycheezman@hotmail.com. Hotmail has a tendency to block incoming email so you can also message me on AIM: stnkycheezman. If you'd like to take a look, my current website is OCFederation.com. Before I decide to hire you, you need to contact me so i can relay my ideas. You then need to make me a sample of the ideas that I give you, if I approve, you're hired. Before you continue, I should say that the task of fabricating my ideas will probably be a challenging one. This won't be an easy project, but if you can pull it off...it will be a good project to have in your portfolio.
Thanks,
Calvin
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house Paisley had seen Father of the
neeidd
07-14 06:28 PM
bumping again :(
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Ann Ruben
01-25 11:34 PM
As Fromnaija correctly explained, if you are an applicant for AOS with an approved EAD you are authorized to remain legally in the US as long as your application is pending. You Whether or not you are working does not matter.
more...
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jsb
09-05 10:09 PM
Hi,
I am writing here for the first time.
My checks got encashed only for EAD/AP.
I filed concurrently I140/485 and PD is 2006.
Can some one tell if this is normal?
Thanks
This is thread for I-485 status check with USCIS customer service !!!
I am writing here for the first time.
My checks got encashed only for EAD/AP.
I filed concurrently I140/485 and PD is 2006.
Can some one tell if this is normal?
Thanks
This is thread for I-485 status check with USCIS customer service !!!
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Blog Feeds
10-05 09:40 AM
What happens when the laws of America clash with the laws of physics? In the Never-Never Land of Immigration, the natural laws of physics must defer to human-made law. This is the absurd answer of U.S. Citizenship and Immigration Status (USCIS), the Board of Immigration Appeals (BIA) and the Court of Appeals for the Fifth Circuit (CA5) in its Sept. 29 decision, Bokhari v. Holder. The case involves the interpretation of a USCIS regulation, 8 C.F.R. � 274a.12(b)(20), which came into being because of the problems caused by bureaucratic delay. The regulation allows the automatic grant of work permission for up...
More... (http://blogs.ilw.com/angelopaparelli/2010/10/immigration-absurdity-you-can-work-here-but-you-cant-be-here.html)
More... (http://blogs.ilw.com/angelopaparelli/2010/10/immigration-absurdity-you-can-work-here-but-you-cant-be-here.html)
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Prashanthi
08-27 02:04 PM
Dear Attorney,
Is there any minimum length of time to be on H4 before applying to H1.
Thanks
No minimum length of time, but i would wait for 90 days just to make sure that the USCIS does not say that you had an intent to change to H-1 when you entered the country and therefore you should have entered on a H-1b. Very remote possibility for them to determine that your entry into the country was based on wrongful intent. I would wait for 60 to 90 days to overcome this problem.
Is there any minimum length of time to be on H4 before applying to H1.
Thanks
No minimum length of time, but i would wait for 90 days just to make sure that the USCIS does not say that you had an intent to change to H-1 when you entered the country and therefore you should have entered on a H-1b. Very remote possibility for them to determine that your entry into the country was based on wrongful intent. I would wait for 60 to 90 days to overcome this problem.
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mg_chase
01-11 12:19 PM
Been there. Done That. U should be just fine. Pls remember to contribute to IV.
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little_willy
07-22 05:21 AM
Yes. This can be done when applying for I-485. I don't know why, but couple of lawyers I spoke with, recommended this route.
srini1976
07-09 01:21 PM
What is your PD & EB Category please?
masti_Gai
01-10 03:28 PM
I mean the PD dates moving...;)
Let the PD dates move and give us some relief;)
Let the PD dates move and give us some relief;)
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