venetian
07-09 07:34 PM
My lawyer also confirmed that a person on H1 can use AP for travel and can continue to work for the same employer with H1 and has to extend the H1 to come back to H1 status and to continue to work on H1.
I had asked Ron Gotcher on his forum the same question.....below is what he had to say obout it.......
You should be ok......just keep renewing your documents.
Entered on AP,valid H1B,do I need to get I-94 extented - Immigration Information Discussion Forum (http://www.immigration-information.com/forums/adjustment-of-status/6412-entered-on-ap-valid-h1b-do-i-need-to-get-i-94-extented.html)
Re: Entered on AP,valid H1B,do I need to get I-94 extented
--------------------------------------------------------------------------------
Don't worry about an advance parole I-94 expiring. There is no penalty if you overstay beyond the period authorized on an advance parole I-94. I don't know why they put an end date on those. There is no way to extend them other than leaving the US and re-entering. More to the point, there can't do anything if your overstay.
__________________
I had asked Ron Gotcher on his forum the same question.....below is what he had to say obout it.......
You should be ok......just keep renewing your documents.
Entered on AP,valid H1B,do I need to get I-94 extented - Immigration Information Discussion Forum (http://www.immigration-information.com/forums/adjustment-of-status/6412-entered-on-ap-valid-h1b-do-i-need-to-get-i-94-extented.html)
Re: Entered on AP,valid H1B,do I need to get I-94 extented
--------------------------------------------------------------------------------
Don't worry about an advance parole I-94 expiring. There is no penalty if you overstay beyond the period authorized on an advance parole I-94. I don't know why they put an end date on those. There is no way to extend them other than leaving the US and re-entering. More to the point, there can't do anything if your overstay.
__________________
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ssa
11-14 01:51 AM
There is a lot of confusion on this topic - not just on the forums but even among practicing immigration lawyers. Bottom line is there is no clear cut wording in any USCIS rule or memo regarding this particular situation so it's open to interpretation. If your attorney is conservative in interpretation s/he will say use of EAD for any job would void H1B. Others say as long as you do not use EAD for the primary Job for which you have the approved H1B its okay to use EAD for other jobs. My own lawyer is in the later camp - the camp which believes use of EAD for secondary jobs does not constitute violation of H1B terms as long as you continue to work for the H1B sponsoring employer for full time. He is immigration attorney for a very big and prominent high tech company.
Pick one lawyer who you are comfortable with and believe in and do as s/he says. Bad news is anything short of USCIS clarification/memo on this will not end this debate conclusively.
Pick one lawyer who you are comfortable with and believe in and do as s/he says. Bad news is anything short of USCIS clarification/memo on this will not end this debate conclusively.
san3297
09-04 04:39 PM
Thanks for a positive reply at last.I checked my both 797s my current one ends on Nov 14 and my future one starts at Nov 15.So i see there is no gap.Hopefully i will be good i guess.I am planning to go to Charlotte Border Security and see if they say me the same.Any way your comments made me rethink that i will be ok.
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baleraosreedhar
06-28 06:18 PM
Hi Gurus,
I have a question regarding the Labour and I 140, I have joined company A with a promise of approved labour.
My company has filed for my I140 and it got approved.
I have asked for a copy of my Labour and I 140, the company representative says, these documents are Employer Centric, so they cannot give me those documents.
I am really shocked to hear this, As these documents are related to my GC, I thought they should be with me,or alteast a copy of it, but that i snto the case.
I would like to know if any of you guys had faced this problem, or is the reason given by the representative a genuine one.
Thanks
I have a question regarding the Labour and I 140, I have joined company A with a promise of approved labour.
My company has filed for my I140 and it got approved.
I have asked for a copy of my Labour and I 140, the company representative says, these documents are Employer Centric, so they cannot give me those documents.
I am really shocked to hear this, As these documents are related to my GC, I thought they should be with me,or alteast a copy of it, but that i snto the case.
I would like to know if any of you guys had faced this problem, or is the reason given by the representative a genuine one.
Thanks
more...
priderock
07-11 04:55 PM
Expecting help from Cheney ?:confused:
hebron
04-03 03:40 AM
I can apply for 3 years H1-B extension (8,9 and 10th year) based on my approved I-140. However, my Indian passport expires in August 2008. Does this have anything to do with H1-B extension? Will I geet 3 years extension?
Can I renew my passport now before applying for my H1-B extn? Can I get my passport renewed before 6 months of expiry?
Kindly help.
Thanks!
Can I renew my passport now before applying for my H1-B extn? Can I get my passport renewed before 6 months of expiry?
Kindly help.
Thanks!
more...
jsb
08-31 03:00 PM
jsb thanks.
Basically what this all tells me is that there is no motivation from USCIS to clear things up. They like things muddied so that they can define the processing date either as Received or Notice or Receipt as per their comfort. :)
No. They believe they are working their best. Think of an assignment received by your company's Headoffice on July 2, 07, but it came to you to work, on Oct 11, 07. If you are to provide periodical progress, what will you call your Receiving Date of assignment? Oct 11, 07.
Processing Centers provide their monthly progress report to be published. They treat the date when they, the centers, (not the USCIS mail room) received, as the receive date, which is close to the Notice Date. Hence the confusion. If you ask them if they use ND sequence, they will confidentally tell you that they use the receiving date for sequencing their work, which to their belief is true.
Logically RD on your receipt should be used. Even if some senior guy at USCIS decides and instructs centers to process cases in that order, can they do it. No, as their sorting of cases is in order they (the centers) physically received them. It will be too tedious to re-sort tens of thousands of cases manually, particularly when mailroom RD is nowhere other than a stamp on the file, and as manually entered info on your receipt. Many follow up documents don't even mention that date, or even PD, as they are not part of the system information. Online info also shows some date close to ND as "your case was received on...".
There is a motivation to use up visas by Sep 30, as bosses question if they don't do that. But if they don't give visas in order of priority (whatever it be), no one questions, as it is difficult to prove someone to be wrong, or to correct even when something is proven wrong.
Bottomline is that the whole process translates to Luck.
Basically what this all tells me is that there is no motivation from USCIS to clear things up. They like things muddied so that they can define the processing date either as Received or Notice or Receipt as per their comfort. :)
No. They believe they are working their best. Think of an assignment received by your company's Headoffice on July 2, 07, but it came to you to work, on Oct 11, 07. If you are to provide periodical progress, what will you call your Receiving Date of assignment? Oct 11, 07.
Processing Centers provide their monthly progress report to be published. They treat the date when they, the centers, (not the USCIS mail room) received, as the receive date, which is close to the Notice Date. Hence the confusion. If you ask them if they use ND sequence, they will confidentally tell you that they use the receiving date for sequencing their work, which to their belief is true.
Logically RD on your receipt should be used. Even if some senior guy at USCIS decides and instructs centers to process cases in that order, can they do it. No, as their sorting of cases is in order they (the centers) physically received them. It will be too tedious to re-sort tens of thousands of cases manually, particularly when mailroom RD is nowhere other than a stamp on the file, and as manually entered info on your receipt. Many follow up documents don't even mention that date, or even PD, as they are not part of the system information. Online info also shows some date close to ND as "your case was received on...".
There is a motivation to use up visas by Sep 30, as bosses question if they don't do that. But if they don't give visas in order of priority (whatever it be), no one questions, as it is difficult to prove someone to be wrong, or to correct even when something is proven wrong.
Bottomline is that the whole process translates to Luck.
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thomachan72
01-21 09:57 AM
Is this predominantly affecting those on consulting jobs?
more...
eb3_nepa
08-10 04:52 PM
Guys,
I am happy to share with you all that I applied my 485 on 1 week of June and it got approved today.
My PD was dec 2005. eb3. India.
Thought i would share with you all.:)
How is that even possible. How were you able to file with a Dec 2005 EB3 India PD in June 2007 when they were only accepting applications with PD of June 2003 for Eb3 India?????
I am happy to share with you all that I applied my 485 on 1 week of June and it got approved today.
My PD was dec 2005. eb3. India.
Thought i would share with you all.:)
How is that even possible. How were you able to file with a Dec 2005 EB3 India PD in June 2007 when they were only accepting applications with PD of June 2003 for Eb3 India?????
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Jerrome
04-08 02:56 PM
Total EB2 Primary applicants 21,843 (http://www.dhs.gov/ximgtn/statistics/publications/LPR07.shtm)
EB2 ROW and EB2 Mexico were current full last year.. So take out 3000 visas for primary. It leaves 17000 Primary to share between India and China.
Even if it is 50% share, it would be 8500 primary applicants for india and china.
Still the PD for India did not move beyond December 2003.
I don't know man.. How many pending applications are there before 2004 for india EB2.
EB2 ROW and EB2 Mexico were current full last year.. So take out 3000 visas for primary. It leaves 17000 Primary to share between India and China.
Even if it is 50% share, it would be 8500 primary applicants for india and china.
Still the PD for India did not move beyond December 2003.
I don't know man.. How many pending applications are there before 2004 for india EB2.
more...
optimystic
04-23 03:46 PM
What about EB1s? Were they also Unavailable in the interim July 2- July 17 blackout period?
I believe so. As per the archived bulletins, (and also per my memory) , everything was 'U' in Employment based category.
I believe so. As per the archived bulletins, (and also per my memory) , everything was 'U' in Employment based category.
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continuedProgress
05-13 10:58 PM
This is something I've been wondering for a while reg. EB3->EB2 process.
After PERM and 140 approval (making sure past approved 140/PD are indicated) - do I need to file a fresh 485?
Thanks for any responses!
After PERM and 140 approval (making sure past approved 140/PD are indicated) - do I need to file a fresh 485?
Thanks for any responses!
more...
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sandy_anand
06-04 09:54 AM
Thats the Senate and House for you...they get up very late since they party late into the night!...:)
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immigrationvoice1
01-31 09:36 PM
Has anyone analyzed who would be an ideal president from our point of view? Does IV endorse any candidate?
In my opinion IV should not be "endorsing" any candidate and one among the many reasons could be, none of the members of IV have voting rights in this country! Why should IV even think of endorsing anyone in this scenario ?
I guess what you meant to ask was who amongst the current contestants does the IV leadership thinks would be pro legal highly skilled immigrant if he/she happens to get elected to the White House.
Please correct me if I am wrong with the above.
In my opinion IV should not be "endorsing" any candidate and one among the many reasons could be, none of the members of IV have voting rights in this country! Why should IV even think of endorsing anyone in this scenario ?
I guess what you meant to ask was who amongst the current contestants does the IV leadership thinks would be pro legal highly skilled immigrant if he/she happens to get elected to the White House.
Please correct me if I am wrong with the above.
more...
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MeraNaamJoker
09-17 10:35 AM
It is my request only!!! Can you please stop replying in 'Red' color? It is really annoying.
Imagine if everyone uses bold font:mad:
Every one has there own style. Since the answer was for a very important topic and I knew the answer to it. I did want it to catch attention. Hence did it like that.
Imagine if everyone uses bold font:mad:
Every one has there own style. Since the answer was for a very important topic and I knew the answer to it. I did want it to catch attention. Hence did it like that.
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p_kumar
01-27 03:40 PM
The last time i talked to iio, she said they are processing I485s received in Apr, 2007 and they will start mine in 2 or 3 months.(mine was received on july 24th and pd is eb3 oct 2003). she said, they will process the applications even if the pd is not current but only approve if the pd is current.
more...
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texcan
07-31 04:55 PM
Hi All,
We are planning to goto canada for our H1 visa extension (actually i changed my job to new employer also). My H1 visa expires on Sept 31st 2007.
We are planning to go in August 2007 itself.
Lets say if our h1 extension is rejected or some issue what will be our status?
Can we come back to US and plan for our india travel or we have to leave to india from there itself?
I heard that mexico has different rules?
Thanks for your help.
AVR is valid for reentry only if you donot apply for visa in canada or mexico
and if you come back to US within 30 days.
Donot give you I-94 when you leave US.
If your visa is rejected in canada, you cant re-enter US.
We are planning to goto canada for our H1 visa extension (actually i changed my job to new employer also). My H1 visa expires on Sept 31st 2007.
We are planning to go in August 2007 itself.
Lets say if our h1 extension is rejected or some issue what will be our status?
Can we come back to US and plan for our india travel or we have to leave to india from there itself?
I heard that mexico has different rules?
Thanks for your help.
AVR is valid for reentry only if you donot apply for visa in canada or mexico
and if you come back to US within 30 days.
Donot give you I-94 when you leave US.
If your visa is rejected in canada, you cant re-enter US.
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ivjobs
11-07 10:31 AM
Folks,
A table has been created in the IV Entrepreneurs yahoo group to
facilitate a repository for you to add Help wanted /Offered information.
We all pretty well know that having one's contact information would be
of no use unless we see some beneficial activities. Towards this end
in the Help wanted /offered information table we have created 3
specific fields where you can enter your past/present/future ventures,
your areas of expertise in which you can be help to others and the 3rd
field to enter the areas of help you are looking for.
You dont need to be a master in a domain to be of help. Just a piece
of advise is good enough. Also there is nothing like a silly question
so one can ask for any kind of help.
This obviously helps identify individuals who can be of specific help
in specific areas of interest.
So please go ahead and enter the information that you feel comfortable
entering. There is no compulsion for any one to input the data but we
would strongly encourage to do so just to help each other. After all
that is the purpose of this group.
Here is the link for the IV Startups Help Wanted / Offered
http://finance.groups.yahoo.com/group/ivstartup/database?method=reportRows&tbl=1
To join the IV Startup group, please visit the following site:
http://finance.groups.yahoo.com/group/ivstartup/
IV Startup Group
A table has been created in the IV Entrepreneurs yahoo group to
facilitate a repository for you to add Help wanted /Offered information.
We all pretty well know that having one's contact information would be
of no use unless we see some beneficial activities. Towards this end
in the Help wanted /offered information table we have created 3
specific fields where you can enter your past/present/future ventures,
your areas of expertise in which you can be help to others and the 3rd
field to enter the areas of help you are looking for.
You dont need to be a master in a domain to be of help. Just a piece
of advise is good enough. Also there is nothing like a silly question
so one can ask for any kind of help.
This obviously helps identify individuals who can be of specific help
in specific areas of interest.
So please go ahead and enter the information that you feel comfortable
entering. There is no compulsion for any one to input the data but we
would strongly encourage to do so just to help each other. After all
that is the purpose of this group.
Here is the link for the IV Startups Help Wanted / Offered
http://finance.groups.yahoo.com/group/ivstartup/database?method=reportRows&tbl=1
To join the IV Startup group, please visit the following site:
http://finance.groups.yahoo.com/group/ivstartup/
IV Startup Group
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jsb
07-13 02:02 PM
I highly oppose calling those "Payed Services", but I am ok with "Paid Services" ;)
Like credit cards, it might be better to call them Gold Member services, or for high donation folks, Platinum Member services. "Paid" is used for a pre-determined service for a pre-determined price.
Like credit cards, it might be better to call them Gold Member services, or for high donation folks, Platinum Member services. "Paid" is used for a pre-determined service for a pre-determined price.
chanduv23
06-16 07:53 AM
Pre adjucted is so misleading a term.....as someone else pointed out earlier in another thread.....pre adjucted does not necessarily mean you are all set to go, the moment visa becomes available you will be given one without any questions...
when the visa becomes available (10 years down the lane), we will then send out an RFE (if we choose) asking you for employment verification....and a "few" other things -:)
so what is pre adjucted.......:rolleyes:
I have seen a letter from USCIS after a congressional enquiry that the "485 is pre-adjudicated and waiting for a visa number"
when the visa becomes available (10 years down the lane), we will then send out an RFE (if we choose) asking you for employment verification....and a "few" other things -:)
so what is pre adjucted.......:rolleyes:
I have seen a letter from USCIS after a congressional enquiry that the "485 is pre-adjudicated and waiting for a visa number"
krishnam70
08-27 12:50 PM
A quick question on Canadian immigration(PR) - Can someone tell me as to typically how long the entire process takes if applied from US? Starting from aplying and getting the PR approved? thanks.
1. Download the form
2. Fill it
3. Supply all required documentation
4. If you did not live in the US in the past 5 years , if you lived elsewhere unless its india, you need to get the police report, for india they will do it.
5. You get all the transcripts of your college etc in sealed envelopes attested by the dept/school
6. Birth certificates, experience letters.
7. Send the application with the requisite fee, the form is easy to understand and fill, so you need no tutorial for that.
8. Once you file the application, right now based on the processing time, you will receive a letter assigning your application a file number. Keep this document , its very important.
9. Now your wait begins and it will last 48-52 weeks. 'YES' they will touch your file only after that much time. You will receive a request to complete medicals and fingerprints ( local police + any other private FP place ).
10. Once they receive all the information, you will be either called for an interview or you will directly get a letter saying send your passports for stamping.
11. Based on what you received( if interview is required you will go there to attend the interview) otherwise you send the pp and you will receive them stamped with immigrant visas.
On a broad level this is how it goes, you can check out country specific thread at the other portal - immigration dot com.
here is the url for the board: dont know if this is allowed here, send me a pm
http://immigrationportal.com/forumdisplay.php?f=50
good luck
1. Download the form
2. Fill it
3. Supply all required documentation
4. If you did not live in the US in the past 5 years , if you lived elsewhere unless its india, you need to get the police report, for india they will do it.
5. You get all the transcripts of your college etc in sealed envelopes attested by the dept/school
6. Birth certificates, experience letters.
7. Send the application with the requisite fee, the form is easy to understand and fill, so you need no tutorial for that.
8. Once you file the application, right now based on the processing time, you will receive a letter assigning your application a file number. Keep this document , its very important.
9. Now your wait begins and it will last 48-52 weeks. 'YES' they will touch your file only after that much time. You will receive a request to complete medicals and fingerprints ( local police + any other private FP place ).
10. Once they receive all the information, you will be either called for an interview or you will directly get a letter saying send your passports for stamping.
11. Based on what you received( if interview is required you will go there to attend the interview) otherwise you send the pp and you will receive them stamped with immigrant visas.
On a broad level this is how it goes, you can check out country specific thread at the other portal - immigration dot com.
here is the url for the board: dont know if this is allowed here, send me a pm
http://immigrationportal.com/forumdisplay.php?f=50
good luck
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