Avaya_2131
02-08 11:18 AM
Hi,
I am currently in L1B visa , i am in US for 40 Months. The total period that i can be in US in L1B is 5 yrs .
I am planning to do my H1B this year (2008), having already elapsed 40 months, if i get a H1B will the period elapsed ( 40 months in L1B) be accounted or i will get the H1b for 3 yrs.
Thanks
I am currently in L1B visa , i am in US for 40 Months. The total period that i can be in US in L1B is 5 yrs .
I am planning to do my H1B this year (2008), having already elapsed 40 months, if i get a H1B will the period elapsed ( 40 months in L1B) be accounted or i will get the H1b for 3 yrs.
Thanks
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rim1122
10-05 10:54 PM
Hello,
My husband's employer told him that the 6 year H1 B stay cap has been eliminated since the year 2008. Is that true?
Does it mean that as long as the USCIS approves your H1-B extension you may apply even after 6 years?
Thanks.
My husband's employer told him that the 6 year H1 B stay cap has been eliminated since the year 2008. Is that true?
Does it mean that as long as the USCIS approves your H1-B extension you may apply even after 6 years?
Thanks.
viveksri
06-19 11:59 AM
Finally USCIS has corrected the processing date typo. The dates are not back to original track.
I guess its good news from the EAD point of view.
VS
I guess its good news from the EAD point of view.
VS
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rbkrao
03-03 08:36 PM
I had the same issue. Because in my passport surname was missing ( not missing but it was added at the end of my first name) that triggered an FNU in H1 visa.
But in my h1 petition it came out ok. and in I-94 i wrote my name correctly. so that was not an issue. and DL and SSN it came out OK based on I-94.
i corrected it in my passport first. then during H1 visa renewal it got corrected automatically.
even though you have FNU in visa, mention your name correctly in your I-94. otherwise every official document(SSN, DL etc.,) will have FNU as your first name. My friend suffered a lot
because of this issue and he had to go back to india and come back with right I-94 and corrected the rest of the documents later.
Hope that helps.
But in my h1 petition it came out ok. and in I-94 i wrote my name correctly. so that was not an issue. and DL and SSN it came out OK based on I-94.
i corrected it in my passport first. then during H1 visa renewal it got corrected automatically.
even though you have FNU in visa, mention your name correctly in your I-94. otherwise every official document(SSN, DL etc.,) will have FNU as your first name. My friend suffered a lot
because of this issue and he had to go back to india and come back with right I-94 and corrected the rest of the documents later.
Hope that helps.
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pom
10-04 07:40 PM
Ouh, neato! But I don't like the Kirupaforum thing at the bottom :-\
eb3_nepa
03-06 02:52 PM
FINALLY someone who understands EXACTLY what the problem is :)
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gc_chahiye
09-19 05:21 PM
if i use EAD for a part time job, does the H1B visa status become invalid?
yes. look up the archives, this has come up quite a few times. Some people say going from EAD to H1 is a one-way street and coming back requires new H1 subject to cap. Many others (including my attorney) say that you can come back on new H1 (or even existing H1 petition if its not expired) without being subject to quota/cap. Reactivating the H1 does require a trip out and back into the US.
yes. look up the archives, this has come up quite a few times. Some people say going from EAD to H1 is a one-way street and coming back requires new H1 subject to cap. Many others (including my attorney) say that you can come back on new H1 (or even existing H1 petition if its not expired) without being subject to quota/cap. Reactivating the H1 does require a trip out and back into the US.
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Dhundhun
07-09 04:52 PM
Dear fellow IV members,
I was just referring to my first application for EAD filed by my lawyer (july filer)
For Q#12 - Date of last entry into the US - my lawyer had entered (05/10/2007) - the H1-B approval date in date of last entry in to US - is this because of the new I-94 attached to H1-B approval notice?
But the I-94 in the passport shows my actual physical entry into US after my last visit outside the country - 08/10/2006.
I have not traveled outside the country after renewing my H1-B.
Which date did you guys put - the actual date of physical entry or the I-94 start date after renewal of H1-B?
Thank you!!!
Actual date of last physical entry.
I was just referring to my first application for EAD filed by my lawyer (july filer)
For Q#12 - Date of last entry into the US - my lawyer had entered (05/10/2007) - the H1-B approval date in date of last entry in to US - is this because of the new I-94 attached to H1-B approval notice?
But the I-94 in the passport shows my actual physical entry into US after my last visit outside the country - 08/10/2006.
I have not traveled outside the country after renewing my H1-B.
Which date did you guys put - the actual date of physical entry or the I-94 start date after renewal of H1-B?
Thank you!!!
Actual date of last physical entry.
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ameryki
06-18 04:14 PM
as long as you enter the country back on or before Sept 30th 2010 you will be in good shape otherwise you will need a new visa to enter.
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milind70
04-28 12:46 AM
I have a approved I-140. Applied for 3 year H1 extension in Oct 2006. 3 year H1 extension approved on 5th Feb 2007. Received H4 dependents extensions. Did not receive my I-797. Requested my consulting company to check why I did not receive my I-797 with I-94. They lied to me that they called USCIS and I/they/lawyer will get copy in 30/45 days. My MN drivers license got canceled/suspended on 04/24/2007 because I did not submit approved I-797/I-94. Company lawyer informed my company that they applied under premium processing for duplicate copy on 04/16/2007. I called USCIS and they told me this is bullshit. There is no premium processing for duplicate document. Lawyer does not want to reveal which form he filed for duplicate document. I also applied this week using form I-824 for duplicate copy of approved H1 extension. Called USCIS, and they said I will get a receipt number in 15 days and copy in 2-3 months. This copy will not include I-94, so it is useless. What options do I have. My lawyer is an American and he thinks it is below his dignity to answer my calls.
What options do I now have? Any options will be appreciated.
I think you can file Form 120 for a duplicate I 94 in case it is lost/mutilated etc. please check USCIS website. hope this helps
What options do I now have? Any options will be appreciated.
I think you can file Form 120 for a duplicate I 94 in case it is lost/mutilated etc. please check USCIS website. hope this helps
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va_dude
02-04 01:04 PM
I think in many ways its advisable to not leave the country until you actually have the approved AP in your hand.
In this case i guess the folks got a bit lucky. The officers at the POE would have to really dig deep into your case details and compare all sorts of dates to probably determine that you left US before you got your AP.
I doubt there is anything that automatically cancels or abandons your application if you travel prior to receiving the AP approval notice.
just my 2 cents.
In this case i guess the folks got a bit lucky. The officers at the POE would have to really dig deep into your case details and compare all sorts of dates to probably determine that you left US before you got your AP.
I doubt there is anything that automatically cancels or abandons your application if you travel prior to receiving the AP approval notice.
just my 2 cents.
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sinemkeceli
01-26 08:39 PM
can you please let me know what is the meaning of oas ? and do you suggest me to do in order to continue my process in the legal way.
thank you so much
thank you so much
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logiclife
06-22 12:18 PM
Did anyone (or spouse) applied for Social Security No. who were using ITIN before, for tax purposes. I have applied for 485 and EAD and plan to apply for my wife's Social Security once I get the EAD. Are there any tax filing implications? How to switch to this new number and still be able to e-file next year (assuming I get EAD this year)?
You are worrying about something too early.
Anyways, next year, you need to write your wife's SSN instead of ITIN in the field on 1040 form where it says "SSN". Usually, in absence of SSN we mention ITIN. but after you get SSN, use SSN.
As far as tax implications, there wont be any tax implication if she gets SSN but does not work. If she does not work then it doesnt really matter whether she has SSN or ITIN, you will be able to file as "Married filing jointly" status (where the tax is the least).
If she does work, you will still be able to file as "Married filing jointly" status but ofcourse, her income would be taxable and you will have to include her income from her W2s also.
Anyways, you have a lot to worry about things before April 2008.
You are worrying about something too early.
Anyways, next year, you need to write your wife's SSN instead of ITIN in the field on 1040 form where it says "SSN". Usually, in absence of SSN we mention ITIN. but after you get SSN, use SSN.
As far as tax implications, there wont be any tax implication if she gets SSN but does not work. If she does not work then it doesnt really matter whether she has SSN or ITIN, you will be able to file as "Married filing jointly" status (where the tax is the least).
If she does work, you will still be able to file as "Married filing jointly" status but ofcourse, her income would be taxable and you will have to include her income from her W2s also.
Anyways, you have a lot to worry about things before April 2008.
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priyasagiraju
04-07 03:20 PM
Iam on L2 and working on my EAD which is expiring on april 29 th 2011.
I have applied for H1 in the 2010 quota but due to my employers mistake i got a rejection on that.
we are trying to reappeal to USCIS but iam not sure if its going to work.
Suppose i have a project and apply again for 2011 quota , can i still continue working even if my EAD expires.
They say that we actually move to H1 on October , so if i apply before end of April through premium processing and get an approval notice before October can i continue working or start work right away or do i have to wait till October.
Is there a possibility to start working immediately as soon as my H1 gets approved or do we have to wait until October in any case.
Thanks in advance
I have applied for H1 in the 2010 quota but due to my employers mistake i got a rejection on that.
we are trying to reappeal to USCIS but iam not sure if its going to work.
Suppose i have a project and apply again for 2011 quota , can i still continue working even if my EAD expires.
They say that we actually move to H1 on October , so if i apply before end of April through premium processing and get an approval notice before October can i continue working or start work right away or do i have to wait till October.
Is there a possibility to start working immediately as soon as my H1 gets approved or do we have to wait until October in any case.
Thanks in advance
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cladden
02-23 03:22 PM
Hi Everyone
I am filling out my i-485 and I had a couple of questions.
A) What is the Expires On field in Part 1 referring to (right under the I-94#)?
Is it the actual expiry of my Visa (as printed on the Visa) or the date written on my I-94?
B) In part 3 it asks which consulate the Visa was issued. I got it at the American embassy in Oslo. I assume this is what they want to know. Could anyone reassure me?
C) In part 3b I list my wife who is an American. I assume that I should leave her A# blank. Is this correct? I also kinda think I read somewhere that even though it says middle initial (also in 3b) you should actually list the entire middle name? Is there any truth to this?
Thanks a lot. Hope someone can help me.
I am filling out my i-485 and I had a couple of questions.
A) What is the Expires On field in Part 1 referring to (right under the I-94#)?
Is it the actual expiry of my Visa (as printed on the Visa) or the date written on my I-94?
B) In part 3 it asks which consulate the Visa was issued. I got it at the American embassy in Oslo. I assume this is what they want to know. Could anyone reassure me?
C) In part 3b I list my wife who is an American. I assume that I should leave her A# blank. Is this correct? I also kinda think I read somewhere that even though it says middle initial (also in 3b) you should actually list the entire middle name? Is there any truth to this?
Thanks a lot. Hope someone can help me.
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rollercoaster
03-24 01:04 PM
Hi all,
I am on H4 visa now. Got a long awaited job (with EAD) which will start in June 2011. My I-94 is till september 2010 becoz H4 is stamped till that date. But I have I94 with I-797 till June 2011(6 years of H4). I want to travel to India before i start my job, probably in may. My husband is still on H1 visa eventhough he has EAD.
1.Can i travel on H4 status as i m not holding a job right now? My 797 is only till june 2011. If i go for stamping, it is more likely to get rejected.
2. Can i use EAD and AP eventhough i am not working rightnow? Are there any chance of denying my reentry with AP?
I cannot afford to loose my job and due to personal reasons, i can't avoid the travel. Please give your valuable advice.
I am on H4 visa now. Got a long awaited job (with EAD) which will start in June 2011. My I-94 is till september 2010 becoz H4 is stamped till that date. But I have I94 with I-797 till June 2011(6 years of H4). I want to travel to India before i start my job, probably in may. My husband is still on H1 visa eventhough he has EAD.
1.Can i travel on H4 status as i m not holding a job right now? My 797 is only till june 2011. If i go for stamping, it is more likely to get rejected.
2. Can i use EAD and AP eventhough i am not working rightnow? Are there any chance of denying my reentry with AP?
I cannot afford to loose my job and due to personal reasons, i can't avoid the travel. Please give your valuable advice.
more...
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same_old_guy
04-30 07:41 PM
What do you mean by filing ?
Is there anything to file for AC21 ? I somehow thought it's implicit and you just have to let USCIS know that you have changed your job. That's all. That too is not a mandatory task but most lawyers suggest it to play safe. I think it's matter of sending the letter with details to USCIS.
You just be prepared to explain at the 485 interview or reply to RFE's or NOID's if sent by USCIS, which wont happen till your 485 date is current or your sponsoring employer withdraws 140.
Is there anything to file for AC21 ? I somehow thought it's implicit and you just have to let USCIS know that you have changed your job. That's all. That too is not a mandatory task but most lawyers suggest it to play safe. I think it's matter of sending the letter with details to USCIS.
You just be prepared to explain at the 485 interview or reply to RFE's or NOID's if sent by USCIS, which wont happen till your 485 date is current or your sponsoring employer withdraws 140.
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gcdreamer05
02-17 09:48 AM
Thanks for sharing the info.
Was it first h1 renewal (meaning 3rd year) or second h1 renewal (meaning 7th year).
Did you do anything extra to avoid PIMS delay (like when you renewed your h1) did your employer keep another copy with a notice saying send to Kentucky CC
How long was the gap between h1 renewal received and you going for stamping?
Was it first h1 renewal (meaning 3rd year) or second h1 renewal (meaning 7th year).
Did you do anything extra to avoid PIMS delay (like when you renewed your h1) did your employer keep another copy with a notice saying send to Kentucky CC
How long was the gap between h1 renewal received and you going for stamping?
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chandrajp
08-02 01:33 PM
did you get one? FP is necessary to the EAD
I filed EAD/AP and I485 together when I filed back in June 2005. I did not do any finger printing for EAD then. But for EAD renewal in 2006 and 2007 March, I applied EAD online. Then I had to go to ASC(Application Service Center) to give finger prints(not all fingers for EAD).
I'm one like you, check with your attorney for expert advice
PD : May 2002
Labor Certified : Mar 2005
I140/I485 concurrent filing : June 2005
I140 RFE : Nov 5th 2005
I140 RFE replied : Nov 20th 2005
I140 approved : Nov 30th 2005
I485 RFE : Apr 13th 2007(latest employment letter)
I485 RFE replied : June 18th 2007
I485 approved : June 28th 2007
3 EADs
2 APs
I filed EAD/AP and I485 together when I filed back in June 2005. I did not do any finger printing for EAD then. But for EAD renewal in 2006 and 2007 March, I applied EAD online. Then I had to go to ASC(Application Service Center) to give finger prints(not all fingers for EAD).
I'm one like you, check with your attorney for expert advice
PD : May 2002
Labor Certified : Mar 2005
I140/I485 concurrent filing : June 2005
I140 RFE : Nov 5th 2005
I140 RFE replied : Nov 20th 2005
I140 approved : Nov 30th 2005
I485 RFE : Apr 13th 2007(latest employment letter)
I485 RFE replied : June 18th 2007
I485 approved : June 28th 2007
3 EADs
2 APs
loku
08-16 08:03 PM
I was on H-1 and got laid off on July 23. I filed for COS to H4 online on the same day and got the electronic receipt the same day. As I had filed I-539 after work hours, the receipt shows that USCIS received my application on July 26 instead of 23. I got the paper receipt in next 3 days. I hope this will not create any problems as my employer sent notification to USCIS on July 31 and I received my last paystub on July 31 though it was only till July 23. I have been working in US with good status for last 5 years.
Now I have some questions. Any help is greatly appreciated:
1) I recently got two Job offers from different consulting firms. When I told them that my H4 status is still pending, their attorneys told me conflicting things.
- One employer's attorney said that I have to wait till my H4 is approved and only then they could apply for my H1. At this time I have not status and they cannot file my H1.
- The other employer's attorney said that I could apply for H1 while my H4 is still pending by giving pending petition reference in the new H1 application. This will let USCIS adjudicate both the pending status together and there will be no problem for my H1.
Which one of them is correct ? What are the risks involved if I go with the advice of second attorney? Is there a possibility that filing H1 increases the chances the both my H4 and H1 applications are rejected and I could be OOS ?
2) Second question is that the second employer wants me to start immediately after I get H1 receipt. Am I eligible to work on a receipt with my situation or do I need to wait for the complete approval ? What if I get an RFE ? As this is a consulting firm, they have work order from end client for only 3 months and it will be renewed after every 3 months. Will this 3 month work order will create any problems ?
3) What is my current status ? Will the current time while H4 is pending will be counted against H1 or H4 ? As I have only a little over year left in my H1, it is important for me to know how much valid time I have left for H1. This processing time could go in months if I get an RFE.
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Now I have some questions. Any help is greatly appreciated:
1) I recently got two Job offers from different consulting firms. When I told them that my H4 status is still pending, their attorneys told me conflicting things.
- One employer's attorney said that I have to wait till my H4 is approved and only then they could apply for my H1. At this time I have not status and they cannot file my H1.
- The other employer's attorney said that I could apply for H1 while my H4 is still pending by giving pending petition reference in the new H1 application. This will let USCIS adjudicate both the pending status together and there will be no problem for my H1.
Which one of them is correct ? What are the risks involved if I go with the advice of second attorney? Is there a possibility that filing H1 increases the chances the both my H4 and H1 applications are rejected and I could be OOS ?
2) Second question is that the second employer wants me to start immediately after I get H1 receipt. Am I eligible to work on a receipt with my situation or do I need to wait for the complete approval ? What if I get an RFE ? As this is a consulting firm, they have work order from end client for only 3 months and it will be renewed after every 3 months. Will this 3 month work order will create any problems ?
3) What is my current status ? Will the current time while H4 is pending will be counted against H1 or H4 ? As I have only a little over year left in my H1, it is important for me to know how much valid time I have left for H1. This processing time could go in months if I get an RFE.
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11-18 12:01 PM
is it? I am not aware of this.Anyways thankyou fide_champ.
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