izolo
06-04 02:10 AM
I applied for H1-B visa on April 2007 and the petition was approved from October 2007 to 26Th of September 2010 but when I came to USA consulate office to get the visa it became pending putting under administrative processing. It took almost 3 years to get the reconfirmation and last week I received the visa.
The visa issuing date is 27Th May and the expiry date is 24Th August but there is another date in bottom right part of it as PED : 26 September 2010 which is my petition's expiry date.
Now I am planning to move to USA for a long term stay so that I am selling my stuff, renting my house,.. and I just got confused by considering this date.Does this mean my visa will be expire on September and my H1 visa is just for some months? In this case does this mean I have lost 3 years of the total 6 years of the H1 visa? or the the officer issuing the visa on I-94 form in the ports of entry can issue the visa for 3 years as a normal H1-B visa?
I have arranged with my employer to start the job on 10Th of July and I will enter USA on 8Th, so up to 26Th of September which is the PED date will be less than 3 months and if the white I-94 card that will be in my passport should correspond with the expiration of the petition, the total of my work duration, will be less than 3 months which really doesn't make sense at all but as it seems that's it!
It seems now the only way is to apply for H1-b extension. So there will be these questions:
1- how will be the process and how much are the fees?
2- How long does it take?
3- Do I have to go back to my home country to get the new stamp for extension?
4- Is there any way to renew it in USA ?
5- Is 2.5 months of work enough to apply for extension? or I have to come sooner if it is really necessary.
6- In my first interview on 2007 they got all the original documents from me and never return them back to me. should I ask for duplication?
7- Is there anything else that my employer and I should know and consider?
I have to know the answers to these questions, first to arrange with employer and to see if they are interested and also to decide about our stuff, jobs, properties,... in my home country before entring the USA, otherwise it can be the loose of everything for us.
Please help me
The visa issuing date is 27Th May and the expiry date is 24Th August but there is another date in bottom right part of it as PED : 26 September 2010 which is my petition's expiry date.
Now I am planning to move to USA for a long term stay so that I am selling my stuff, renting my house,.. and I just got confused by considering this date.Does this mean my visa will be expire on September and my H1 visa is just for some months? In this case does this mean I have lost 3 years of the total 6 years of the H1 visa? or the the officer issuing the visa on I-94 form in the ports of entry can issue the visa for 3 years as a normal H1-B visa?
I have arranged with my employer to start the job on 10Th of July and I will enter USA on 8Th, so up to 26Th of September which is the PED date will be less than 3 months and if the white I-94 card that will be in my passport should correspond with the expiration of the petition, the total of my work duration, will be less than 3 months which really doesn't make sense at all but as it seems that's it!
It seems now the only way is to apply for H1-b extension. So there will be these questions:
1- how will be the process and how much are the fees?
2- How long does it take?
3- Do I have to go back to my home country to get the new stamp for extension?
4- Is there any way to renew it in USA ?
5- Is 2.5 months of work enough to apply for extension? or I have to come sooner if it is really necessary.
6- In my first interview on 2007 they got all the original documents from me and never return them back to me. should I ask for duplication?
7- Is there anything else that my employer and I should know and consider?
I have to know the answers to these questions, first to arrange with employer and to see if they are interested and also to decide about our stuff, jobs, properties,... in my home country before entring the USA, otherwise it can be the loose of everything for us.
Please help me
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txh1b
08-18 09:53 AM
Agree with wandmaker.
sanjay02
07-16 03:37 PM
It might be about your photos
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sprash
06-02 05:41 PM
bump
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eb3_nepa
02-14 01:21 PM
I am not from NOLA, but i recommend naming the title of any thread more than just one word. The simple reason being, it gets lots in the list of other threads on the R.H.S. Just a suggestion
BumbleBee
03-30 03:28 AM
sorry to hear about your job loss. AP are supposed to be used during emergencies and it seems you are only planning for a week visit, seems perfect for AP use.
I have used AP many times, never had any problem, most recent visit being in Jan 2009.
H1B is having lot of problems in getting stamped and at POE, but I haven't heard anything like that for AP travelers. Just remember that if I485 is denied for whatever reason, AP also gets invalidated(Meaning out-of-country AP holders won't be able to return!!!!).
I would say go ahead travel on AP. How long can one put life on hold for GC. Its ridiculous.
File AC21 at the soonest to avoid getting denial.
Also check this thread for 'AOS pending and AP while out of country'. http://immigrationvoice.org/forum/showthread.php?p=330716#post330716 (http://immigrationvoice.org/forum/showthread.php?p=330716)
I have used AP many times, never had any problem, most recent visit being in Jan 2009.
H1B is having lot of problems in getting stamped and at POE, but I haven't heard anything like that for AP travelers. Just remember that if I485 is denied for whatever reason, AP also gets invalidated(Meaning out-of-country AP holders won't be able to return!!!!).
I would say go ahead travel on AP. How long can one put life on hold for GC. Its ridiculous.
File AC21 at the soonest to avoid getting denial.
Also check this thread for 'AOS pending and AP while out of country'. http://immigrationvoice.org/forum/showthread.php?p=330716#post330716 (http://immigrationvoice.org/forum/showthread.php?p=330716)
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rajenk
04-02 02:10 PM
I did it online on 3/21/09 and got approved for me and my wife on 3/31/09. 10 days total turn around! I was amazed to see USCIS's efficiency on cases filed online. I heard the opposite that if you file online it was taking long time. Mine was at NSC
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OLDMONK
07-23 05:53 PM
My lawyer explicity told "NOT" to flipflop wven without me asking.
Same here. My lawyer specified NO "flip top". Does it matter, I guess not.
Same here. My lawyer specified NO "flip top". Does it matter, I guess not.
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nashorn
12-15 12:50 PM
You need to make it more clear to get help.
You said she got a H4 stamp when she first came to the US based on your H1B. That could not be true. She must had a I-797 approval notice of her H4.
You need all her I-797s of H4. Check the starting and ending times on them. Their should be no gap between. Any gap, if during which she was in the US, means illegal stay. But, if she had left the US after the gap and returned legally, the gap wouldn't be treated as illegal stay when you file 485. The evidence you need to prove this the her I-94s. All the VISA she'll ever has are the ones in her passport.
You said she got a H4 stamp when she first came to the US based on your H1B. That could not be true. She must had a I-797 approval notice of her H4.
You need all her I-797s of H4. Check the starting and ending times on them. Their should be no gap between. Any gap, if during which she was in the US, means illegal stay. But, if she had left the US after the gap and returned legally, the gap wouldn't be treated as illegal stay when you file 485. The evidence you need to prove this the her I-94s. All the VISA she'll ever has are the ones in her passport.
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nonimmi
06-12 04:44 PM
I know most us are victim of immigration lawyers in this GC mess. They with company's help exploit our situation. You may want to use this website rating those useless lawyers.
http://www.avvo.com/
http://www.avvo.com/
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sameer2730
09-30 09:06 PM
Do not submit your I-94 at the canadian border. Just say you intend to come back within 30 days. If you go by road no one will ask you for it either. On the way back show all you documents.
One important thing. Take all your previous H1b's with you. Take you entire petition papers with you as well. Take your original H1B with the I-94 attached. If your spouse is going with it take all her / his previous papes as well , including the H4 and previous H1 if any. My wife was asked for her previous H1b as well since her last stamp on passport was H4. You should be fine . I have done it and found the procedure very smooth. By road try to take the busy route like the one going through Niagara as they are very well aware of the rule.
One important thing. Take all your previous H1b's with you. Take you entire petition papers with you as well. Take your original H1B with the I-94 attached. If your spouse is going with it take all her / his previous papes as well , including the H4 and previous H1 if any. My wife was asked for her previous H1b as well since her last stamp on passport was H4. You should be fine . I have done it and found the procedure very smooth. By road try to take the busy route like the one going through Niagara as they are very well aware of the rule.
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dealsnet
02-13 01:11 PM
Tourist visa is for tourism purpose only. You want advice to misuse the visa ?. 10 year multiple entry visa can be used number of times. But she stays more (like 6 month max) for each visit, after 2 such visit, within a small gap say 2-6 months, there is a chancce to blacklist her and may be allow for 1-2 months I-94, or deny her entry. They are smart to see the intension of people. They look for the pattern of visit.
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whitecollarslave
03-06 10:14 AM
See this FAQ - http://www.dol.gov/ebsa/faqs/faq_consumer_cobra.HTML
There is a phone number for Benefits Advisors in the FAQ above. You can call them and find out for your specific situation.
There is a phone number for Benefits Advisors in the FAQ above. You can call them and find out for your specific situation.
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ss_col
04-18 11:14 AM
Hi everyone,
I got my labor approved under perm on Sept 11th however I have not filed for I140 as yet. This is because of employer making n reasons to file the same. Anyways, if the 45 day rule comes into play - does my labor get cancelled as it has been more than 45 days since it has been approved or does the 45 day period start after April 26th. How many of you think this rule will come out. I hope it does. That way employers will have no choice but to file I 140. A lot of employers now adays are stalling filing the same since they fear the employee will move. Am I the only one facing the same problem or are there others as well?
Thanks and regards
I got my labor approved under perm on Sept 11th however I have not filed for I140 as yet. This is because of employer making n reasons to file the same. Anyways, if the 45 day rule comes into play - does my labor get cancelled as it has been more than 45 days since it has been approved or does the 45 day period start after April 26th. How many of you think this rule will come out. I hope it does. That way employers will have no choice but to file I 140. A lot of employers now adays are stalling filing the same since they fear the employee will move. Am I the only one facing the same problem or are there others as well?
Thanks and regards
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gcdreamer05
02-17 09:49 AM
How did you come to a conclusion there is a huge rejection rate in chennai ?
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mhkumar
07-14 03:58 PM
It used to be required only for Mumbai Consulate. But I think Hyderabad has also started. Please check
I think it is only for Mumbai Consulate(as mentioned in VFS (http://www.vfs-usa.co.in)).
"For Mumbai consular district applicants only: Drop off your required documents three working days prior to your appointment at a VFS Application Centre in Mumbai, Pune or Ahmedabad."
No where it is mentioned that HYD consulate has started. Where did you find it?
I think it is only for Mumbai Consulate(as mentioned in VFS (http://www.vfs-usa.co.in)).
"For Mumbai consular district applicants only: Drop off your required documents three working days prior to your appointment at a VFS Application Centre in Mumbai, Pune or Ahmedabad."
No where it is mentioned that HYD consulate has started. Where did you find it?
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BharatPremi
05-11 10:21 PM
This is standard message when USCIS receives an RFE response. I had the same message when USCIS received my I140 rfe response.
This is in regards to 485-RFE response. Though text remains similar, meaning could have been different.
This is in regards to 485-RFE response. Though text remains similar, meaning could have been different.
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salvador marley
04-25 12:48 PM
thanks guys
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bekugc
08-04 09:15 PM
you can check with a lawyer to be sure ,
but what i think is -->
since u have a new born Kid in india which u wish to bring to the US, i think that would be only possible at this point if you sponsor a H4 for him. And for you to sponsor h4 for him means you will need to continue to be on H1 visa.
Your decision to continue to use H1, will not affect your Ead/AP. But once again, until you apply 485 for your kid , it will need H4 status to remain in the US, hence forcing u to stay on H1.
but what i think is -->
since u have a new born Kid in india which u wish to bring to the US, i think that would be only possible at this point if you sponsor a H4 for him. And for you to sponsor h4 for him means you will need to continue to be on H1 visa.
Your decision to continue to use H1, will not affect your Ead/AP. But once again, until you apply 485 for your kid , it will need H4 status to remain in the US, hence forcing u to stay on H1.
acecupid
06-12 04:10 PM
You are currently not eligible for I-140 premium processing. However, I-140 premium processing will soon be available to everyone by end of summer. This information is from recent AILA convention with USCIS and DOS officials as quoted in murty bulletin
snathan
01-12 10:42 PM
USe the EAD...
