pavish
09-06 09:18 PM
I dont think it is allowed. One would think that working outside the US while you are waiting for "Adjustment of Status" would be considered abandonment of your I 485
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askreddy
06-25 11:57 PM
You should receive letter from USCIS saying that your address is changed....
Askr
Askr
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!!
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freedom4ever
04-20 07:23 AM
As long as you haven't used the EAD/AP for employment purposes, I think your H1 is still valid. If your H1 is still valid then I believe you can get your denpendant's H-4 extended based on our H1 validitiy. But I suggest to contact your company attorney to make sure your H1 is still valid.
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vallabhu
04-09 11:45 AM
Hi rbashir,
Did you apply for H1 extension and can you update us with the result.
Did you apply for H1 extension and can you update us with the result.
seeking_GC
06-24 03:19 AM
Hello everyone,
I have a question which I hope someone can help answer.I have applied in EB2 category and am from India.My PD is July 2005. I have used AC21 recently and changed my employer(i.e I am no longer with my sponsoring employer) I have not notified USCIS of the same.
I plan to travel to India during September 2008 and use AP to reenter back into the US. Can someone help answer the below doubts.
1) Since at the port of entry the Immigration Officer will ask whether I am still with the same employer or not- I will have to say I have moved to another company- What happens then?
2)Does using the AP and subsequent answer of "Yes- I have changed my company" trigger a RFE during the GC allocation process since now I have to prove to USCIS that my job is "same or similar" and my pay is >= the pay mentioned in my LC.
3) Has anyone successfully used AP after using AC21 and not had an RFE issued during GC allotment?
Thanks in advance
I have a question which I hope someone can help answer.I have applied in EB2 category and am from India.My PD is July 2005. I have used AC21 recently and changed my employer(i.e I am no longer with my sponsoring employer) I have not notified USCIS of the same.
I plan to travel to India during September 2008 and use AP to reenter back into the US. Can someone help answer the below doubts.
1) Since at the port of entry the Immigration Officer will ask whether I am still with the same employer or not- I will have to say I have moved to another company- What happens then?
2)Does using the AP and subsequent answer of "Yes- I have changed my company" trigger a RFE during the GC allocation process since now I have to prove to USCIS that my job is "same or similar" and my pay is >= the pay mentioned in my LC.
3) Has anyone successfully used AP after using AC21 and not had an RFE issued during GC allotment?
Thanks in advance
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ho_gaya_kaya_?
11-18 10:45 PM
Do you have the rejection letter along with the returned application or is that with the lawyer?
IMHO- it will better to resend the application that got rejected- rather than sending a fresh application
I was in a similar situation - when my wifes application was lost
my lawyer suggested- an i agreed- that we wait for her app to show up rather than reconstructing a new one
Also the rejection letter will have complete instructions on how to refile
if for some reason you are not getting cooperation from your lawyer- get a new lawyer- If I were you- I wouldn't try to re-file with a lawyer...
IMHO- it will better to resend the application that got rejected- rather than sending a fresh application
I was in a similar situation - when my wifes application was lost
my lawyer suggested- an i agreed- that we wait for her app to show up rather than reconstructing a new one
Also the rejection letter will have complete instructions on how to refile
if for some reason you are not getting cooperation from your lawyer- get a new lawyer- If I were you- I wouldn't try to re-file with a lawyer...
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StarSun
04-22 11:33 AM
We appreciate your past contributions, but cannot give access based on past donations. Will contact you regarding this matter.
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kondur_007
07-12 03:51 PM
Great news for EB2 India.
As expected, this will clear out early 2006 cases.
Also note that now EB2 India and China has same PD and that means EB2 China may consume some of the spillover (or fall down/across) numbers.
Good Luck to every one....:)
As expected, this will clear out early 2006 cases.
Also note that now EB2 India and China has same PD and that means EB2 China may consume some of the spillover (or fall down/across) numbers.
Good Luck to every one....:)
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HV000
08-07 02:01 PM
Hi ,
I was working for company A and got my labor and I-140 approved and then i changed to company B. My priority date is jan 2005. Is there any way that i can continue my green card process with company A. WOuld be of great help if somone can tell me if there is any way to do it.
Did you try porting your PD?
I was working for company A and got my labor and I-140 approved and then i changed to company B. My priority date is jan 2005. Is there any way that i can continue my green card process with company A. WOuld be of great help if somone can tell me if there is any way to do it.
Did you try porting your PD?
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baburob2
04-29 10:40 PM
Gurus Pls help
I was with Company A whn I got married which had my visa and I 94 till Nov 08,2006. My wife wnt to consul. and got her visa and I-94 till same date.
I came back to US alone and changed to company B in July 06 and got my I-94 till 2009. Since my wife came to USA after that she didnt get her xtension.
i forgot to file for her xtension.
I had to agn change the company C in Dec 06. Thats whn i realised her I-94 expired in Nov. I applied for her I 539. But it wasnt approved by INS.
I have decided to send her back before 180 days, because if she crosses 180 days, it can be a 3 yr ban.
She will have to go back to consulate now now for visa stamping. Will she have a problem?
Thank u
Why don't you apply your H1B in premium rather. Strictly speaking she has have gone out of status. But at the worst case, the USCIS will just approve her I-539 as non extension of status (which means she doesn't get a new I-94 with the extension and rather just gets a H4 approval and would be asked to go to the home consulate for visa stamping and reentry.) . Hence my bet would be to wait for her I-539 approval and then make the decision. But most likely her I-539 extension of status would be just approved (ie she would get a new I-94 with new extension date ) and she doesn't have to travel back to the consulate.
I was with Company A whn I got married which had my visa and I 94 till Nov 08,2006. My wife wnt to consul. and got her visa and I-94 till same date.
I came back to US alone and changed to company B in July 06 and got my I-94 till 2009. Since my wife came to USA after that she didnt get her xtension.
i forgot to file for her xtension.
I had to agn change the company C in Dec 06. Thats whn i realised her I-94 expired in Nov. I applied for her I 539. But it wasnt approved by INS.
I have decided to send her back before 180 days, because if she crosses 180 days, it can be a 3 yr ban.
She will have to go back to consulate now now for visa stamping. Will she have a problem?
Thank u
Why don't you apply your H1B in premium rather. Strictly speaking she has have gone out of status. But at the worst case, the USCIS will just approve her I-539 as non extension of status (which means she doesn't get a new I-94 with the extension and rather just gets a H4 approval and would be asked to go to the home consulate for visa stamping and reentry.) . Hence my bet would be to wait for her I-539 approval and then make the decision. But most likely her I-539 extension of status would be just approved (ie she would get a new I-94 with new extension date ) and she doesn't have to travel back to the consulate.
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raviram1980
01-18 08:24 AM
thanks a lot.
ravi
ravi
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andavarv
09-28 04:41 PM
Thanks Kirupa for your immediate response.
From your message and deployment guide, I understood only Admin Users can install the Silverlight light on his machines.
Is there any way to identify the User [ User from client machine ] has admin rights in Client machine through Javascript. ie., before MS start installing the Silverlight in client machine.
Thanks
Silverlight can be deployed on networks using something more centralized like group policy. I don't believe average end users can install SL3 without admin priviliges.
The best place to learn more is the SL Deployment Guide: http://blogs.msdn.com/tims/archive/2007/09/28/deploying-silverlight-in-the-enterprise.aspx
:)
From your message and deployment guide, I understood only Admin Users can install the Silverlight light on his machines.
Is there any way to identify the User [ User from client machine ] has admin rights in Client machine through Javascript. ie., before MS start installing the Silverlight in client machine.
Thanks
Silverlight can be deployed on networks using something more centralized like group policy. I don't believe average end users can install SL3 without admin priviliges.
The best place to learn more is the SL Deployment Guide: http://blogs.msdn.com/tims/archive/2007/09/28/deploying-silverlight-in-the-enterprise.aspx
:)
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wheyprotein
05-25 10:06 AM
Hi.
I have an urgent need. My wife is a green card holder and we just finished visiting my family here in the US before we travel overseas tomorrow to visit my wife's family. The problem is my wife left her purse (along with her green card) at my family's house but my family is now out of town themselves for a few weeks and we can't get into the house to get her purse and green card. Luckily she left her passport at our hotel so we still have that.
My question is---can we still leave the US tomorrow without my wife's green card? Does she need to show her green card to leave US? Her country of origin passport is still valid but her immigrant visa is expired.
I can ask my family to fedex us the green card overseas once they return so we can reeneter the US when our trip is finished.
Thanks!!
I have an urgent need. My wife is a green card holder and we just finished visiting my family here in the US before we travel overseas tomorrow to visit my wife's family. The problem is my wife left her purse (along with her green card) at my family's house but my family is now out of town themselves for a few weeks and we can't get into the house to get her purse and green card. Luckily she left her passport at our hotel so we still have that.
My question is---can we still leave the US tomorrow without my wife's green card? Does she need to show her green card to leave US? Her country of origin passport is still valid but her immigrant visa is expired.
I can ask my family to fedex us the green card overseas once they return so we can reeneter the US when our trip is finished.
Thanks!!
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sandyn16
08-08 08:21 AM
I have used TataAIG insurance from India on 4-5 occasions for my in laws and my parents and I found it to be good. On one occasion we also got around $4000 reimbursed from them (in Indian Rupees) for the hospital expenses incurred for my in laws. Here is my take on the Visitor Insurance.
You have two options -
1> Get visitor medical insurance from USA (various company names are at www.samachar.com).
Advantages - Dont have to pay money upfront for hospital charges, but its kinda expensive then insurance from India.
2> Get visitor medical insurance from India
Advantages - this can cover insurance when in-flight also and for luggage also.
Disadvantages - Might have to pay money upfront for hospital expenses, and get reimbursed back in India.
Please note that this can be different from vendor to vendor. Also any existing ailments are not covered.
You have two options -
1> Get visitor medical insurance from USA (various company names are at www.samachar.com).
Advantages - Dont have to pay money upfront for hospital charges, but its kinda expensive then insurance from India.
2> Get visitor medical insurance from India
Advantages - this can cover insurance when in-flight also and for luggage also.
Disadvantages - Might have to pay money upfront for hospital expenses, and get reimbursed back in India.
Please note that this can be different from vendor to vendor. Also any existing ailments are not covered.
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sandeeps92049
08-07 12:44 AM
Hi,
I have H1 that is valid till 2011 but when I entered using H1 ( I had EAD and AP also), the visa officer gave i-94 only till Jun 3rd 2009. I did not notice this error at that time. I realized this when my attorney pointed out this while applying for my new AP. The attorney suggested that I should go out of the country and re enter on EAD/AP and start working on EAD. What are my options ?
1) My EAD is valid till 2010
2) My current H1 is valid till 2011
3) My current AP is Valid till August 28 2009
4) My I-94 expired on June 3rd 2009.
5) My H1 visa stamp expired on May 2009
Should I go to Canada or Mexico and re-enter US with EAD/AP before my AP expires to start working on EAD and avoid any "out of status" issues ?
Does Canada Mexico ask for valid VISA and I-94 to get a visitor visa ?
Should I go to India(my home country) and re-enter US before my AP expires to keep my status ?
Appreciate a quick response as my AP is about to expire.
I have H1 that is valid till 2011 but when I entered using H1 ( I had EAD and AP also), the visa officer gave i-94 only till Jun 3rd 2009. I did not notice this error at that time. I realized this when my attorney pointed out this while applying for my new AP. The attorney suggested that I should go out of the country and re enter on EAD/AP and start working on EAD. What are my options ?
1) My EAD is valid till 2010
2) My current H1 is valid till 2011
3) My current AP is Valid till August 28 2009
4) My I-94 expired on June 3rd 2009.
5) My H1 visa stamp expired on May 2009
Should I go to Canada or Mexico and re-enter US with EAD/AP before my AP expires to start working on EAD and avoid any "out of status" issues ?
Does Canada Mexico ask for valid VISA and I-94 to get a visitor visa ?
Should I go to India(my home country) and re-enter US before my AP expires to keep my status ?
Appreciate a quick response as my AP is about to expire.
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redgreen
08-27 09:56 PM
sure you lost it. what will you do?? you are doomed. and start a thread in all the websites. uscis and usps may work faster.
Dear Friends,
Does anybody has information on the current lag between check cashing and getting receipt in the mail?
My check for 485 was cashed on August 20 (process by my bank) and the online case status says receipt was mailed out. But my lawyer has not received it as of today.
Thanks in advance for your reply.
Dear Friends,
Does anybody has information on the current lag between check cashing and getting receipt in the mail?
My check for 485 was cashed on August 20 (process by my bank) and the online case status says receipt was mailed out. But my lawyer has not received it as of today.
Thanks in advance for your reply.
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catchagarwal
05-04 09:16 PM
I am on the same boat :(. Company A is sending me emails every week from past 1 month. Today he sent me a mail saying his legal attorney has started preparing a case against me. I want to be prepared for any legal action. What should i do? Please help
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ek_bechara
03-25 06:23 PM
Its an old rule.
Next will be electronic monitoring. No more strip clubs guys.. no more.
Next will be electronic monitoring. No more strip clubs guys.. no more.
dpuranik
02-19 11:50 PM
How do I know which dates are currently available for H1B visa stamping?
ddd27
10-26 10:14 AM
Hi all, My passport is going to expire next month (November 28th). I can drive easily upto DC consulate .. wanted to know if there is anything specific I need to do. The website (Embassy of India - Washington DC (official website) United States of America - Application for a New Passport or Reissue of Passport (10) years (http://www.indianembassy.org/index.php?option=com_content&id=167)) does not mention anything about "walk in to consulate" information.
Specifically,
1. Do I need to call and book appointment ? If yes, is there a minimum waiting time to get an appointment, like how many days before ...
2. Will I get the renewed passport the same day ?
Any other points/instructions that you think are important please let me know.
Thanks in advance for your help. :)
Specifically,
1. Do I need to call and book appointment ? If yes, is there a minimum waiting time to get an appointment, like how many days before ...
2. Will I get the renewed passport the same day ?
Any other points/instructions that you think are important please let me know.
Thanks in advance for your help. :)
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