kghoshal
02-18 06:51 PM
Last December, 2006 I got laid off because of company downsizing. My last pay stub was dated 12/15/2006. My LC was pending more than 365 days in my last company. Recently I got new job offer. My new company attorney is collecting all my immigration related information for filing H1-B extension from me. I have almost 60 days employment gap when my new company attorney file my 8th year H1-B extension.
I like to know the consequence of my 60 days employment gap. Whether my H1-B extension will be denied by USCIS? I will greatly appreciate your valuable suggestions as I am very much worried.
I like to know the consequence of my 60 days employment gap. Whether my H1-B extension will be denied by USCIS? I will greatly appreciate your valuable suggestions as I am very much worried.
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senthil1
02-18 09:59 AM
Basically it will be approved as master degree if you have 4 year Bachlore degree and 2 Year Master degree. Any others are risk of approval. Also the job requirement should need Master degree with higher pay(compared to Eb3). I heard some Indians who had MSC was approved in EB2 but I heard lot people got rejected because they it is 3 +2 years term.
Your french degree has no compelling equivalency to a masters degree in u.s. educ. level. specially you are just a neophyte in your field (1yr) better apply in quebec ...:( :(
Your french degree has no compelling equivalency to a masters degree in u.s. educ. level. specially you are just a neophyte in your field (1yr) better apply in quebec ...:( :(
vchip
08-24 09:47 AM
Any chances of Chances of Reconsidering this MEMO in the near future?
2011 Topic: Jennifer Aniston; Photo
SmSm
10-19 10:03 AM
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lazycis
05-28 01:55 PM
I have the same question. What is the process of renewing once its already expired? Should a new application be submit? Can we do it on our own without going through a lawyer?
Thank you
I did it myself without a problem. It's the same I-765 form, you just mail a filled-out form, a copy of your existing EAD (front and back), copy of I-485 receipt, 2 photos and a check.
Thank you
I did it myself without a problem. It's the same I-765 form, you just mail a filled-out form, a copy of your existing EAD (front and back), copy of I-485 receipt, 2 photos and a check.
bugsbunny
05-17 01:24 PM
Hi,
I will be done with my second master's this July 29. I have two months grace period to leave the country as I already used my OPT after my first master's. I have a job offer and they are willing to do my H1B which starts from October 2011. But my two months grace period will end this september 29. If my H1B is filed in September under Premium processing, will I be in status or out of status for those two days. Did any one face similar problem before. If so, can you please give me the solution?
Thanks,
KEDoubt
You can extend your F1 status under "cap-gap" relief
USCIS - Extension of Post-Completion Optional Practical Training (OPT) and F-1 Status for Eligible Students under the H-1B Cap-Gap Regulations</br> Questions and Answers (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=1d175ffaae4b7210VgnVCM100000082ca60aRCR D&vgnextchannel=6abe6d26d17df110VgnVCM1000004718190a RCRD)
Here is an extract but please read the entire document carefully from the above link
Q4. How does a student covered under the cap-gap extension obtain proof of continuing status?
A4. The student should go to their Designated School Official (DSO) with evidence of a timely filed H-1B petition (indicating a request for change of status rather than for consular processing), such as a copy of the petition and a FedEx, UPS, or USPS Express/certified mail receipt. The student�s DSO will issue a preliminary cap-gap I-20 showing an extension until June 1.
If the H-1B petition is selected for adjudication, the student should return to his or her DSO with a copy of the petitioning employer�s Form I-797, Notice of Action, with a valid receipt number, indicating that the petition was filed and accepted. The student�s DSO will issue a new cap-gap I-20 indicating the continued extension of F-1 status.
I will be done with my second master's this July 29. I have two months grace period to leave the country as I already used my OPT after my first master's. I have a job offer and they are willing to do my H1B which starts from October 2011. But my two months grace period will end this september 29. If my H1B is filed in September under Premium processing, will I be in status or out of status for those two days. Did any one face similar problem before. If so, can you please give me the solution?
Thanks,
KEDoubt
You can extend your F1 status under "cap-gap" relief
USCIS - Extension of Post-Completion Optional Practical Training (OPT) and F-1 Status for Eligible Students under the H-1B Cap-Gap Regulations</br> Questions and Answers (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=1d175ffaae4b7210VgnVCM100000082ca60aRCR D&vgnextchannel=6abe6d26d17df110VgnVCM1000004718190a RCRD)
Here is an extract but please read the entire document carefully from the above link
Q4. How does a student covered under the cap-gap extension obtain proof of continuing status?
A4. The student should go to their Designated School Official (DSO) with evidence of a timely filed H-1B petition (indicating a request for change of status rather than for consular processing), such as a copy of the petition and a FedEx, UPS, or USPS Express/certified mail receipt. The student�s DSO will issue a preliminary cap-gap I-20 showing an extension until June 1.
If the H-1B petition is selected for adjudication, the student should return to his or her DSO with a copy of the petitioning employer�s Form I-797, Notice of Action, with a valid receipt number, indicating that the petition was filed and accepted. The student�s DSO will issue a new cap-gap I-20 indicating the continued extension of F-1 status.
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shishirv
07-10 12:27 PM
I am currently working as a Functional Solution Architect in an IT firm.
Current Status: H1B (6th year)
GC status as follows:
Priority Date: April 2007
EAD received: October 2007
I-140 is approved.
Under the AC21 portability I believe I can change my employer without affecting my GC process. However I want to change my field of work from IT to Finance. My question is:
1. Is that permissible and can I use my EAD to work for a new employer in a different field.
2. If the above is not permissible and If I change my job in the same field, can my previous employer cancel my GC process, even though my I-140 is approved. If they can, how can I mitigate that possibility.
Thanks in advance for your response.
Current Status: H1B (6th year)
GC status as follows:
Priority Date: April 2007
EAD received: October 2007
I-140 is approved.
Under the AC21 portability I believe I can change my employer without affecting my GC process. However I want to change my field of work from IT to Finance. My question is:
1. Is that permissible and can I use my EAD to work for a new employer in a different field.
2. If the above is not permissible and If I change my job in the same field, can my previous employer cancel my GC process, even though my I-140 is approved. If they can, how can I mitigate that possibility.
Thanks in advance for your response.
2010 2009 - Jennifer Aniston
trivial science
12-09 05:34 PM
Hi there,
I am from northern NY, close to the border and my spouse has been to Ottawa twice for H1 renewal.
No there is no problem at the actual border. However if you are driving through the Adirondacks be prepared for Border Police (best not to drive at night). Also there has been a lot of snow and the roads are very slippery (the region gets some serious snow and wind chill). Make sure that your car breaks, tires and heating is okay.
Drive safe and Best of luck!!!
trivial
Hello Guys,
I didn't find any thread on this topic, if there is one please give me the link.
I have appointment in Ottawa for H1B stamping. I want to take my car instead of rental. Is there a problem?
Please share if anyone has done this.
Thank you in advance.
I am from northern NY, close to the border and my spouse has been to Ottawa twice for H1 renewal.
No there is no problem at the actual border. However if you are driving through the Adirondacks be prepared for Border Police (best not to drive at night). Also there has been a lot of snow and the roads are very slippery (the region gets some serious snow and wind chill). Make sure that your car breaks, tires and heating is okay.
Drive safe and Best of luck!!!
trivial
Hello Guys,
I didn't find any thread on this topic, if there is one please give me the link.
I have appointment in Ottawa for H1B stamping. I want to take my car instead of rental. Is there a problem?
Please share if anyone has done this.
Thank you in advance.
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09-01 04:37 PM
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sac-r-ten
05-27 07:49 AM
Is there a option of adopting here in US for EAD or H1B?
thank you.
thank you.
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gc_rip
10-12 02:41 PM
Is this movement have any relation to prove or disprove that the FOIA data is correct?
Any analysis on it.
Thanks!
Any analysis on it.
Thanks!
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sathish_gopalan
10-18 12:47 PM
Can anyone please share info on conversion of EB3 to EB2 after applying for 485 ?. Our lawyer now suggests that they cant apply for EB2 and they have to revoke EB3 application.. Is this applicable to even apply for EB2 labor and subsequent I140. I thought we need to revoke 485 only when we are about to apply for new 485. Also, please let me know if we can apply for EB2 when you are in EAD status and has not invoked AC21. Sorry, if this question was already answered in the forum.
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Venkat_175
03-28 04:59 PM
Hi,
I changed employer in 2010 so my wife got new H4 valid until 03/2013 ( I-94 valid until 03/2013). She traveled to India last year and while returning she did not show her new H4 approval to immigration office so got I-94 until 08/2011 (old H4 was stamped until 08/2011).
My question is does she need to file I-539 for I-94 extension? If yes, process is similar like any other(B1, B2) extension? I appreciate any kind of help.
Thanks,
Venkat.
Thank you all. Visited border protection office and they extended I-94.
I changed employer in 2010 so my wife got new H4 valid until 03/2013 ( I-94 valid until 03/2013). She traveled to India last year and while returning she did not show her new H4 approval to immigration office so got I-94 until 08/2011 (old H4 was stamped until 08/2011).
My question is does she need to file I-539 for I-94 extension? If yes, process is similar like any other(B1, B2) extension? I appreciate any kind of help.
Thanks,
Venkat.
Thank you all. Visited border protection office and they extended I-94.
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Blog Feeds
09-09 07:30 PM
Immigration Visa Attorney Blog Has Just Posted the Following:
http://www.immigrationvisaattorneyblog.com/177934_bus_queue_v.jpgMajor news for relatives of legal permanent residents who have been patiently waiting for their petitions to become current. The Department of State reported in the September 2010 visa bulletin (http://www.travel.state.gov/visa/bulletin/bulletin_5113.html) that applicants who are spouses or children of greencard holders (filed as late as January 1, 2010) can now be processed for greencards. This is true for applicants from all countries except Mexico and the Dominican Republic, whose priority dates aren't far behind either: January 1, 2009.
What is a a "priority date," you ask? A "priority date" is a legal term of art that can be exceedingly hard to explain (especially in a blog), but I'll try. Let's start with basics. There is a quota on how many immigrants can come legally to the country per year. Imagine the quota like it is a long line of people lining up for a greencard. The people at the front of the line are those whose relative petitions were filed earliest, ie those with the earliest "priority date." A priority date is established on the date that your petition is received by the USCIS. Of course, the earlier your priority date, the sooner you can later ask for greencard status. Generally, priority dates always move forward, but these dates can also go backwards, and if applications aren't received by USCIS before this "retrogression" happens, applicants are back to the waiting game.
In the past month, the (F2A) priority date in the the family-based second preference category (ie for spouses and children of greencard holders) advanced from March 2009 to January 2010! This has made an incredible difference to those who have been waiting to be reunited with their spouses and children, rather than expecting a year or more of wait, this category of new immigrants can now start processing their greencard applications. If you would like assistance in making sure that your application can be made as quickly as possible, contact the attorneys at Fong & Chun, LLP before those dates retrogress. --ecf
More... (http://www.immigrationvisaattorneyblog.com/2010/09/relatives-of-permanent-residen.html)
http://www.immigrationvisaattorneyblog.com/177934_bus_queue_v.jpgMajor news for relatives of legal permanent residents who have been patiently waiting for their petitions to become current. The Department of State reported in the September 2010 visa bulletin (http://www.travel.state.gov/visa/bulletin/bulletin_5113.html) that applicants who are spouses or children of greencard holders (filed as late as January 1, 2010) can now be processed for greencards. This is true for applicants from all countries except Mexico and the Dominican Republic, whose priority dates aren't far behind either: January 1, 2009.
What is a a "priority date," you ask? A "priority date" is a legal term of art that can be exceedingly hard to explain (especially in a blog), but I'll try. Let's start with basics. There is a quota on how many immigrants can come legally to the country per year. Imagine the quota like it is a long line of people lining up for a greencard. The people at the front of the line are those whose relative petitions were filed earliest, ie those with the earliest "priority date." A priority date is established on the date that your petition is received by the USCIS. Of course, the earlier your priority date, the sooner you can later ask for greencard status. Generally, priority dates always move forward, but these dates can also go backwards, and if applications aren't received by USCIS before this "retrogression" happens, applicants are back to the waiting game.
In the past month, the (F2A) priority date in the the family-based second preference category (ie for spouses and children of greencard holders) advanced from March 2009 to January 2010! This has made an incredible difference to those who have been waiting to be reunited with their spouses and children, rather than expecting a year or more of wait, this category of new immigrants can now start processing their greencard applications. If you would like assistance in making sure that your application can be made as quickly as possible, contact the attorneys at Fong & Chun, LLP before those dates retrogress. --ecf
More... (http://www.immigrationvisaattorneyblog.com/2010/09/relatives-of-permanent-residen.html)
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davoutplantaire
02-17 06:02 PM
Hello everybody,
this is my first post on these forums, I've been reading around a fair bit for the past couple of weeks on immigration related websites, and especially IV.
As it has been so far the best source of information for me I want to ask a question that is pretty confusing...
From what I understood, being eligible for EB-2 is one of the best ways to get a GC in a reasonable delay (let's say around a year according to the first post of unitednations on http://immigrationvoice.org/forum/showthread.php?t=3250).
From what I understood that would merely require to have an arrangement with a company willing to help you in the tedious path to a GC instead of owning you with the H1-B.
There is where my question comes about EB-2 elibility as I'm really confused about the value of my french engineering degree in IT (5 years college, Diplome d'Ingenieur) and the possibility to find a position eligible for EB-2 that wouldn't require experience.
So my question consists of two parts :
- Is there any way to officially check that my degree is equivalent to an US Masters Degree ? (Wikipedia says yes, but I couldn't find any authoritative/official source)
- Is there any way that a position in the IT field that would require such a Masters Degree could be eligible for EB-2 even without work experience requirements ?
Thanks again to all IV folks and other who spend time sharing their precious information.
this is my first post on these forums, I've been reading around a fair bit for the past couple of weeks on immigration related websites, and especially IV.
As it has been so far the best source of information for me I want to ask a question that is pretty confusing...
From what I understood, being eligible for EB-2 is one of the best ways to get a GC in a reasonable delay (let's say around a year according to the first post of unitednations on http://immigrationvoice.org/forum/showthread.php?t=3250).
From what I understood that would merely require to have an arrangement with a company willing to help you in the tedious path to a GC instead of owning you with the H1-B.
There is where my question comes about EB-2 elibility as I'm really confused about the value of my french engineering degree in IT (5 years college, Diplome d'Ingenieur) and the possibility to find a position eligible for EB-2 that wouldn't require experience.
So my question consists of two parts :
- Is there any way to officially check that my degree is equivalent to an US Masters Degree ? (Wikipedia says yes, but I couldn't find any authoritative/official source)
- Is there any way that a position in the IT field that would require such a Masters Degree could be eligible for EB-2 even without work experience requirements ?
Thanks again to all IV folks and other who spend time sharing their precious information.
dresses Oscars 2009: Jennifer Aniston
radhakrishn
07-12 06:01 PM
I'm an unmarried Indian national and came to the US on H-1B visa. My father petitioned for me in FB F1 category. My priority date is September 1, 1999. I applied for AOS in the US and received my EAD and AP. I recently met a girl doing job on H-1B(Indian national) and we will like to tie the knot in near future. I was wondering if it would have any effect on my AOS processing( I do not have the actual Green card yet). Will my category change to F3 if I marry her now? Any suggestions/ideas are welcome.
Thanks.
Thanks.
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dionysus
06-14 12:21 AM
Just be truthful in your applications and things will be fine.
If you are not legally divorced, make sure you do mention your wife's name in your 485 application. If you do not file a separate 485 for her, she will not get any GC. INS can not grant GC to anyone who doesn't even ask for it. Your GC will not be affected if you file for only yourself. So you save money on one 485 filing and we all get one extra GC slot.
Hi,
Situation- PD Current and eligible to file 485
Married but seperated. What should that person mention in the form?
If he mentions his wife's name on the form, would she get GC as well?
Does he need to submit any docs for his wife? Currently planning to file for himself only.
Please advise
Thanks
If you are not legally divorced, make sure you do mention your wife's name in your 485 application. If you do not file a separate 485 for her, she will not get any GC. INS can not grant GC to anyone who doesn't even ask for it. Your GC will not be affected if you file for only yourself. So you save money on one 485 filing and we all get one extra GC slot.
Hi,
Situation- PD Current and eligible to file 485
Married but seperated. What should that person mention in the form?
If he mentions his wife's name on the form, would she get GC as well?
Does he need to submit any docs for his wife? Currently planning to file for himself only.
Please advise
Thanks
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sbmallik
07-01 03:40 PM
Good luck on your H-1B transfer ... in the worst scenario you have 10 days.
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walking_dude
10-31 06:20 PM
Wisconsin Wake up. Your chapter is calling you to join. Join the movement to increase Visa numbers and eliminate country caps. It's the only way to get out of the GC mess.
lazycis
01-26 07:51 AM
my wife is US citizen , applied for permanent residency (green card) almost 6 months back , my interview was 2 days back, everything went thru alrite, the immigration officer said at the end of interview , " your case been aproved, but we did not get the background chk from FBI , as soon as we get it we are going to mail you the green card "
is this normal? i checked "case status' on USCIS website, they still have some update from 4 months back ...
plz help, hope i posted in the right sub-forum this time..
I have a friend who is stuck in background check for 2+ years (same situation, a spouse of a US citizen). Hope it won't happen to you! Not much you can do now, just wait. If you do not get any response within a year, consider suing the USCIS (that's what my friend is doing).
is this normal? i checked "case status' on USCIS website, they still have some update from 4 months back ...
plz help, hope i posted in the right sub-forum this time..
I have a friend who is stuck in background check for 2+ years (same situation, a spouse of a US citizen). Hope it won't happen to you! Not much you can do now, just wait. If you do not get any response within a year, consider suing the USCIS (that's what my friend is doing).
NNReddy
07-05 11:32 AM
Do you know anybody that applied for extension based on medical grounds. So far I applied for extension 5 times during last 8 years for my mother-in-law and my brother-in-law and my father-in-law but all based on tourism/visiting grounds. I got extension all 5 times. Now that my mother-in-law wants to go back to india, but she just had a surgery and still in hospital and she needs to go to india next week. So we need to apply for extension.
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