akela_topchi
01-20 12:42 AM
Dear Friends
I have a friend who is currently on H1B, currently on vacation in home-country, and stuck in PIMS verification.
1. he has H1B from current employer (valid till 2009) - Employer1.
2. another H1B from previous employer - Employer2. Previous employer ready to hire him again.
3. His spouse filed for his GC and his EAD, AP has already been received. Spouse has approved PERM, pending i140 and pending AOS.
He came on H4, converted to H1B (with Employer2), then switched to Employer1. Then went on vacation, and appeared for H1 re-stamping interview with i797, documents provided by current employer (Employer1).
Now he is stuck in PIMS verification, and the current employer want him to join asap and threatening to terminate her employment.
Assuming that current employer does not revoke H1B, but terminates him, can you help answer following doubts -
[A] validity of such a stamp on passport -
Q1. Will the visa stamp (with current employer) be vaild?
Q2. Previous employer hasn't revoked the H-1B, will that still be usable for jobs, re-entry?
[B] Re-entry
Q3. Inspite of termination, can the stamp and i797 of the current employer valid for re-entry?
Q4. Should he rather use i797 of the previous employer + passport (with stamp of current employer) for re-entry? Previous employer can provide offer letter and job description etc.? Is this route valid and will they allow re-entry on this?
Q5. Though he wants to continue on H-1B, but if his current situation may result in violation of any provisions, should he rather use Advance parole to re-enter?
THANKS A LOT IN ADVANCE FOR ALL YOUR RESPONSES!!!!
I have a friend who is currently on H1B, currently on vacation in home-country, and stuck in PIMS verification.
1. he has H1B from current employer (valid till 2009) - Employer1.
2. another H1B from previous employer - Employer2. Previous employer ready to hire him again.
3. His spouse filed for his GC and his EAD, AP has already been received. Spouse has approved PERM, pending i140 and pending AOS.
He came on H4, converted to H1B (with Employer2), then switched to Employer1. Then went on vacation, and appeared for H1 re-stamping interview with i797, documents provided by current employer (Employer1).
Now he is stuck in PIMS verification, and the current employer want him to join asap and threatening to terminate her employment.
Assuming that current employer does not revoke H1B, but terminates him, can you help answer following doubts -
[A] validity of such a stamp on passport -
Q1. Will the visa stamp (with current employer) be vaild?
Q2. Previous employer hasn't revoked the H-1B, will that still be usable for jobs, re-entry?
[B] Re-entry
Q3. Inspite of termination, can the stamp and i797 of the current employer valid for re-entry?
Q4. Should he rather use i797 of the previous employer + passport (with stamp of current employer) for re-entry? Previous employer can provide offer letter and job description etc.? Is this route valid and will they allow re-entry on this?
Q5. Though he wants to continue on H-1B, but if his current situation may result in violation of any provisions, should he rather use Advance parole to re-enter?
THANKS A LOT IN ADVANCE FOR ALL YOUR RESPONSES!!!!
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sidbee
03-11 11:04 AM
Folks,
Please read this. if USCIS takes this seriously then we can expect some movement in coming visa Bulletins
Cyrus D. Mehta & Associates, PLLC (http://cyrusmehta.com/news.aspx?SubIdx=ocyrus20103925436)
U think USCIS doesn't know this ??? Creating this thread ,with the given title is just a waste of everyone's time,
Please read this. if USCIS takes this seriously then we can expect some movement in coming visa Bulletins
Cyrus D. Mehta & Associates, PLLC (http://cyrusmehta.com/news.aspx?SubIdx=ocyrus20103925436)
U think USCIS doesn't know this ??? Creating this thread ,with the given title is just a waste of everyone's time,
GCVivek
03-23 02:48 PM
Travelling via UK is OK as long as you have GC or a valid US Visa stamped in the passport. Even if flights are delayed, staying at the airport is no problem. The problem is not in UK but at the time of boarding in home country. Once you are on the plane....you are fine.
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iman.karta
12-27 04:23 PM
Hi Starscream,
I am currently in the same situation like you are (and hopefully were?); they are a mistake in filling the ETA9089.
The error is in such a way that from USCIS point of view, I worked during the gap of period between my OPT and H1-B transition.
So I guess I just want to know how your case is resolved? That way I have an idea what will happen to mine. ;(
Thanks for the info!
I am currently in the same situation like you are (and hopefully were?); they are a mistake in filling the ETA9089.
The error is in such a way that from USCIS point of view, I worked during the gap of period between my OPT and H1-B transition.
So I guess I just want to know how your case is resolved? That way I have an idea what will happen to mine. ;(
Thanks for the info!
more...
aguy
07-27 03:14 PM
Hi,
There seems to be a lot of mixed information about F1-OPT and I-485.
My wife is on a F1 visa. She will be finishing school soon. She also has a pending I-485 linked to my application and an "approved" EAD.
Can she apply for OPT?
I will appreciate if someone can shed light on this.
Thanks.
There seems to be a lot of mixed information about F1-OPT and I-485.
My wife is on a F1 visa. She will be finishing school soon. She also has a pending I-485 linked to my application and an "approved" EAD.
Can she apply for OPT?
I will appreciate if someone can shed light on this.
Thanks.
bestofall
03-25 05:13 PM
Just want to share the info that i got from my immigration firm news letter
Under Section 265 of the Immigration and Nationality Act (INA), all non-U.S. citizens who change their residential address are required to notify the U.S. Citizenship and Immigration Services (USCIS) within 10 days of the change. This applies to all adults and children (of any age) who are non-U.S. citizens, including U.S. green card holders.
A person who fails to notify the USCIS of a change of address within 10 days of the change is guilty of a misdemeanor under Section 266 of the INA. The penalty for failing to notify the government of the new address within 10 days is a fine of up to $200.00 or possible imprisonment for a period not to exceed 30 days, or both. However, the government has not enforced this section of the law that rigorously to date, and many notify the USCIS of their change of address well after the 10 day reporting period without an issue, but this could change. Since we have seen an increase in USCIS enforcement activities with respect to H-1B employers and H-1B workers, and since many H-1B employers place H-1B employees at client locations around the country for short-term assignments, it is very important that H-1B employees notify the USCIS each time they move within the 10 day reporting period.
In order to report a change of address to the USCIS you may download, complete, and mail a Form AR-11 or Form AR-11SR (Special Registrants Only) to the USCIS, or you may report your change of address, electronically, by visiting the USCIS web site (www.uscis.gov), and following the procedures provided by the USCIS
Under Section 265 of the Immigration and Nationality Act (INA), all non-U.S. citizens who change their residential address are required to notify the U.S. Citizenship and Immigration Services (USCIS) within 10 days of the change. This applies to all adults and children (of any age) who are non-U.S. citizens, including U.S. green card holders.
A person who fails to notify the USCIS of a change of address within 10 days of the change is guilty of a misdemeanor under Section 266 of the INA. The penalty for failing to notify the government of the new address within 10 days is a fine of up to $200.00 or possible imprisonment for a period not to exceed 30 days, or both. However, the government has not enforced this section of the law that rigorously to date, and many notify the USCIS of their change of address well after the 10 day reporting period without an issue, but this could change. Since we have seen an increase in USCIS enforcement activities with respect to H-1B employers and H-1B workers, and since many H-1B employers place H-1B employees at client locations around the country for short-term assignments, it is very important that H-1B employees notify the USCIS each time they move within the 10 day reporting period.
In order to report a change of address to the USCIS you may download, complete, and mail a Form AR-11 or Form AR-11SR (Special Registrants Only) to the USCIS, or you may report your change of address, electronically, by visiting the USCIS web site (www.uscis.gov), and following the procedures provided by the USCIS
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ajay_hyd
04-30 05:15 PM
Did anyone file your own AC21, i have moved to a new company and its a similar kind of position, my case is pretty straight forward, should i file it by myself or use an attorney. the attorney's asking for good $$$$
If any one of you have experience doing it yourself, please share it here.
Thanks.
If any one of you have experience doing it yourself, please share it here.
Thanks.
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royus77
06-26 01:25 PM
My H1 for 3 yr Ext got aPPROVED TODAY
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eb2waiter
05-04 09:54 PM
the date
:rolleyes:(not number of days to president signs)
thanks
:rolleyes:(not number of days to president signs)
thanks
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grcjso
12-27 12:00 AM
Here is my story -
- I came here in 1998 on F1
- Transferred to H1-B in 2002
- Filed for Labor Cert in 2005 (EB3) in Nevada
- I-140 approved in 2008
- I-485 pending for more then 180 days as of 2008
- EAD valid through 7/10/2009
- Got laid of in Feb 2009
- I got a job as an associate, a consultancy firm on W2 basis on Nov 17th, 2009 in WA
I have not done anything (i.e.informing the USCIS about job change etc.). I have the following questions.
- what documentation is required to be submitted to the USCIS about the new job.
- What kind of documentation is required from the employer vs myself
- When/how soon has this documentation is to be submitted
- When do i need to apply for my renewal of my EAD card
- What documentation is required to be submitted for the EAD renewal from employer vs myself
- Is it advisable to employ the services of an attorney if we run into issues.
- I worked on similar job for very short stints in between, but it was for a few weeks, does it endanger my case in anyway.
Any advice would be greatly appreciated.
-grcjso
- I came here in 1998 on F1
- Transferred to H1-B in 2002
- Filed for Labor Cert in 2005 (EB3) in Nevada
- I-140 approved in 2008
- I-485 pending for more then 180 days as of 2008
- EAD valid through 7/10/2009
- Got laid of in Feb 2009
- I got a job as an associate, a consultancy firm on W2 basis on Nov 17th, 2009 in WA
I have not done anything (i.e.informing the USCIS about job change etc.). I have the following questions.
- what documentation is required to be submitted to the USCIS about the new job.
- What kind of documentation is required from the employer vs myself
- When/how soon has this documentation is to be submitted
- When do i need to apply for my renewal of my EAD card
- What documentation is required to be submitted for the EAD renewal from employer vs myself
- Is it advisable to employ the services of an attorney if we run into issues.
- I worked on similar job for very short stints in between, but it was for a few weeks, does it endanger my case in anyway.
Any advice would be greatly appreciated.
-grcjso
more...
ewapu
03-11 08:15 PM
hey i got 2nd one from the NSC. Is it happening with many people??
wat r the chances if handled carefully???
please share your advice nd experiences. thanks a lot
wat r the chances if handled carefully???
please share your advice nd experiences. thanks a lot
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eastindia
05-07 02:55 PM
What do you mean by reputation?
Having a good website or a forum does not mean the lawyer is reputed. Even small lawyers can be good and can pay more attention to a case. Some lawyers do not know marketing and do not have good website, but they maybe good in law.
Having a good website or a forum does not mean the lawyer is reputed. Even small lawyers can be good and can pay more attention to a case. Some lawyers do not know marketing and do not have good website, but they maybe good in law.
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ramesh-u
05-20 08:00 PM
I got approved email within 2 weeks but still waiting for the actual forms.. Just write Expedite on the top of the cover. Again, it depends on the Immigration officer.
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javadeveloper
03-28 06:34 PM
If the employer agrees not to revoke the 140, Can I change the employer after getting EAD. 485 application is pending but less than 180 days.
My project is getting over, and it seems hard to find a h1b job.
pls advice
I think your employer should cooperate with you by not withdrawing your I-140.
My project is getting over, and it seems hard to find a h1b job.
pls advice
I think your employer should cooperate with you by not withdrawing your I-140.
more...
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praveen2008
03-29 04:03 PM
Hello,
My wife is planning to attend for a H4 Visa Re stamping. I have couple of questions regarding the visa application process. Appreciate if you can help me with my questions
1) In DS156 should my answer to the Question� �Has Anyone Ever Files an Immigrant Petition on your behalf� be NO. FYI, my 140 is approved and waiting on 485 priority date. I don�t think I gave my wife�s name yet in my labor or 140 approval process
2) There is a section to be filled in VFS website called� Petition Details from 797/. I assume that principal applicant would be me. However I am not sure what to fill in the following questions
Petition Receipt #
Petition Expiration date
Petitioner Name: I assume it is my company name
Is the above info to be filled in from My 797 ( case type I129)or my wife�s 797( case type I539) Receipt #?
Please advice
Thanks,
My wife is planning to attend for a H4 Visa Re stamping. I have couple of questions regarding the visa application process. Appreciate if you can help me with my questions
1) In DS156 should my answer to the Question� �Has Anyone Ever Files an Immigrant Petition on your behalf� be NO. FYI, my 140 is approved and waiting on 485 priority date. I don�t think I gave my wife�s name yet in my labor or 140 approval process
2) There is a section to be filled in VFS website called� Petition Details from 797/. I assume that principal applicant would be me. However I am not sure what to fill in the following questions
Petition Receipt #
Petition Expiration date
Petitioner Name: I assume it is my company name
Is the above info to be filled in from My 797 ( case type I129)or my wife�s 797( case type I539) Receipt #?
Please advice
Thanks,
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rdx0
01-11 04:12 AM
I probabably know the answer of this question but would still like to confirm, just to be sure:
- First I-797B Valid from Jan 2004 to Sep 2006 <- Note: wasn't for 3 years
- First Visa valid from Jul 2004 to Sep 2006
- 1st US Entry Date from Aug 2005 till present date
(been to india in Dec 2007 for 1 month for visa stamping)
- First i-94 valid from Aug 2005 to Sep 2006
-Extended I-797A from Sep 2006 to Jan 2009 <-Note: not extended for 3 yrs
-2nd Visa/I-94 valid from Dec 2007 to Jan 2009
My questions?
1. Can my H1B Visa be extended again? This will be my 2nd extension.
2. Till what Date can be extended?
a. Jan 2010 (6 yrs from 1st I-797)
b. Jul 2010 ( 6 yrs from 1st visa stamping)
c. Aug 2011 (6 yrs from 1st US entry)
Thanks a lot !
- First I-797B Valid from Jan 2004 to Sep 2006 <- Note: wasn't for 3 years
- First Visa valid from Jul 2004 to Sep 2006
- 1st US Entry Date from Aug 2005 till present date
(been to india in Dec 2007 for 1 month for visa stamping)
- First i-94 valid from Aug 2005 to Sep 2006
-Extended I-797A from Sep 2006 to Jan 2009 <-Note: not extended for 3 yrs
-2nd Visa/I-94 valid from Dec 2007 to Jan 2009
My questions?
1. Can my H1B Visa be extended again? This will be my 2nd extension.
2. Till what Date can be extended?
a. Jan 2010 (6 yrs from 1st I-797)
b. Jul 2010 ( 6 yrs from 1st visa stamping)
c. Aug 2011 (6 yrs from 1st US entry)
Thanks a lot !
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belmontboy
06-03 09:04 PM
any ideas about 1-2day /night cruise from Houston/Galveston ? I want to avoid Immigration checks.
Thanks in advance.
there is a wonderful app called "GOOGLE". That would help you
follow these steps:
Procedure A
1.) type www.google.com
2.) in the small box that appears, type cruise deals
3.) click enter
4.) in the results page that you may or may not get [depending on what crap u typed in step 2] open each page
for eachpage follow the below things
Procedure B
1.) click on page
2.) look for the deal you want
3.) if you find it, then book
4.) if you don't find, then click on back button
repeat the above [procedure B] until u get what u want
if u don't get anything from above steps then retry procedure A with a different keyword.
i hope I have technically enlightened you with the magical powers of search engine!!!
Good luck :D
Thanks in advance.
there is a wonderful app called "GOOGLE". That would help you
follow these steps:
Procedure A
1.) type www.google.com
2.) in the small box that appears, type cruise deals
3.) click enter
4.) in the results page that you may or may not get [depending on what crap u typed in step 2] open each page
for eachpage follow the below things
Procedure B
1.) click on page
2.) look for the deal you want
3.) if you find it, then book
4.) if you don't find, then click on back button
repeat the above [procedure B] until u get what u want
if u don't get anything from above steps then retry procedure A with a different keyword.
i hope I have technically enlightened you with the magical powers of search engine!!!
Good luck :D
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Leo07
01-18 12:29 PM
I rarely post/quote other forum threads here...this is an exception. I think it's a good post/comment from miceelf ( msg 34) on Ron's site:
Please forgive me if it's offending to anyone:
February Visa Bulletin (http://www.immigration-information.com/forums/visa-quota-and-cutoff-date-issues-66/february-visa-bulletin-13129/index4.html#post54691)
Please forgive me if it's offending to anyone:
February Visa Bulletin (http://www.immigration-information.com/forums/visa-quota-and-cutoff-date-issues-66/february-visa-bulletin-13129/index4.html#post54691)
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mrana
01-18 12:59 PM
Hi,
Thanks for information.
So as you mentioned that you had similar case. Did you have LIN# only or 1-140 receipt ?
Thanks
Thanks for information.
So as you mentioned that you had similar case. Did you have LIN# only or 1-140 receipt ?
Thanks
srini1976
03-26 10:41 AM
Just check if the physician fills out the I-693 form without errors and signs it appropriately.
90210
03-28 04:35 PM
Hello All,
I have to fill up the form I-539 for the extension of H4. Because we already applied for I-485, can someone please clarify what we should mention against these questions?
Part 4:
3. Answer the following questions. If you answer "Yes" to any question, please describe the circumstances in detail and explain on a separate sheet(s) of paper.
a. Are you, or any other person included on the application, an applicant for an immigrant visa?
b. Has an immigrant petition ever been filed for you or for any other person included in this application?
c. Has a Form I-485, Application to Register Permanent Residence or Adjust Status, ever been filed by you or by any other person included in this application?
I am thinking we should say "Yes" to all these questions. But what we say on a separate sheet of paper?
I have to fill up the form I-539 for the extension of H4. Because we already applied for I-485, can someone please clarify what we should mention against these questions?
Part 4:
3. Answer the following questions. If you answer "Yes" to any question, please describe the circumstances in detail and explain on a separate sheet(s) of paper.
a. Are you, or any other person included on the application, an applicant for an immigrant visa?
b. Has an immigrant petition ever been filed for you or for any other person included in this application?
c. Has a Form I-485, Application to Register Permanent Residence or Adjust Status, ever been filed by you or by any other person included in this application?
I am thinking we should say "Yes" to all these questions. But what we say on a separate sheet of paper?
