sertasheep
04-03 06:01 PM
Latest issued I-94 card is always in force. Lets say that you went out of the country on whatever visa, and then you entered back. You'll get a I-94 at that time. (Lets call this "X")
While you were away, its likely that you may have gotten your H1 approval. There are 2 possibilities here. You may get an I-94 stub with your H1 . Lets call this Y1.
The other possibility is Y2- wherein you get the H1 approval, but there's no accompanying I-94.
The important point here is when the H1 would be approved. Lets examine the situations under which you need to get a new I-94 by leaving the US and coming back:
Situation 1) X happens, then you enter the US. Then say Y1 has happened while you were away. I-94 from Y1 is no longer valid. You will need a new I-94. Solution: Go out of the US, get stamp, come in with new I-94.
Situation 2) X happens, then you enter the US. Then say Y2 has happened while you were away, or even after you enter the US. I-94 from Y2 is no longer valid. You will need a new I-94. Solution: Go out of the US, get stamp, come in with new I-94.
The only situation wherein you don't need to go out of the country is:
X happens, then you enter the US. After you enter the US, you get your H1 approval with a new I-94 attached.
Confused? I'm on the west coast. you can call me at <EDIT: Removed tel. number> if you aren't clear. Remember, I'm not a immigration lawyer.
To keep it simple: avoid going out of the country until you get your H1 approval.
Someone else asked for lawyer's names. Admin, I'm not sure if it is against policy, but I will mention a name here..you may edit if this is against policy.
See the following link:
http://tinyurl.com/h8doe
While you were away, its likely that you may have gotten your H1 approval. There are 2 possibilities here. You may get an I-94 stub with your H1 . Lets call this Y1.
The other possibility is Y2- wherein you get the H1 approval, but there's no accompanying I-94.
The important point here is when the H1 would be approved. Lets examine the situations under which you need to get a new I-94 by leaving the US and coming back:
Situation 1) X happens, then you enter the US. Then say Y1 has happened while you were away. I-94 from Y1 is no longer valid. You will need a new I-94. Solution: Go out of the US, get stamp, come in with new I-94.
Situation 2) X happens, then you enter the US. Then say Y2 has happened while you were away, or even after you enter the US. I-94 from Y2 is no longer valid. You will need a new I-94. Solution: Go out of the US, get stamp, come in with new I-94.
The only situation wherein you don't need to go out of the country is:
X happens, then you enter the US. After you enter the US, you get your H1 approval with a new I-94 attached.
Confused? I'm on the west coast. you can call me at <EDIT: Removed tel. number> if you aren't clear. Remember, I'm not a immigration lawyer.
To keep it simple: avoid going out of the country until you get your H1 approval.
Someone else asked for lawyer's names. Admin, I'm not sure if it is against policy, but I will mention a name here..you may edit if this is against policy.
See the following link:
http://tinyurl.com/h8doe
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s_r_e_e
07-07 05:39 PM
in thw worst case, if you owe lot of taxes to IRS at the end of the year and no money was paid, you can still pay it along with the next year tax filing . Your payment will include some % penalty.
archum123
08-03 09:34 AM
Hey! I am a practising dentist and I am on H1B.
Q: Does she need a dental license to apply for H1 ?
Ans:Yes a dental license is required for applying for a dentist position
Q: She 'qualifies' for a dental license (ie meets all requirements), but almost all states require a SSN to issue a dental license. Since she is on H4, she doesnt have a SSN. Problem: Dental License needs SSN - SSN needs H1 - H1 needs license - basically a "Catch 22" position here
Ans: Qualification is a very broad term. A dental degree doesnot make one eligible for a license. There are other important requirements for a license like National dental Boards, a clinical exam, jurisprudence exam of the state.
Also, if one one "qualifies" with all the requirements he or she can apply based on the TIN #. The board must be informed that a TIN is used and will need to be updated with SSN when you recieve one.
HI, does the same holds good or a DENTAL HYGENISTS ? is there any chances to be sponsered for h1?
Q: Does she need a dental license to apply for H1 ?
Ans:Yes a dental license is required for applying for a dentist position
Q: She 'qualifies' for a dental license (ie meets all requirements), but almost all states require a SSN to issue a dental license. Since she is on H4, she doesnt have a SSN. Problem: Dental License needs SSN - SSN needs H1 - H1 needs license - basically a "Catch 22" position here
Ans: Qualification is a very broad term. A dental degree doesnot make one eligible for a license. There are other important requirements for a license like National dental Boards, a clinical exam, jurisprudence exam of the state.
Also, if one one "qualifies" with all the requirements he or she can apply based on the TIN #. The board must be informed that a TIN is used and will need to be updated with SSN when you recieve one.
HI, does the same holds good or a DENTAL HYGENISTS ? is there any chances to be sponsered for h1?
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NikNikon
October 23rd, 2005, 09:30 AM
Sounds good to me. QJ?? Anyone else?
Speaking of QJ I haven't seen much activity from her lately, you still out there Queen?
Speaking of QJ I haven't seen much activity from her lately, you still out there Queen?
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friend_in_NC
02-13 04:02 PM
When you submit your passport for renewal, they usually give you a receipt with pickup date. This date is anywhere between 2 weeks to 6 weeks.
If you want you can request them to mail your new passport by paying extra $15 for mailing.
If you are going to pickup the passport by person, then you should be there between 4PM-5:15PM. Thats the delivery time.
In DC office you can not pickup anything before 2PM. Remember this
Thanks a lot for the information. Since I had sent my renewal application via courier, I never got any pick up slip. I have paid $15 for mailing service. What I am worried is that even if I drive 5 hours to pick up, if they haven't processed my application (its close to 4 weeks now since I have applied), I will run out of options. On the website they claim that they will process in 5 business days. I must have tried close to 5 different phone numbers multiples times for past week or so. I have also emailed and faxed my query multiple times. Same result - No response at all. I just don't get how work is done at the embassy.
If you want you can request them to mail your new passport by paying extra $15 for mailing.
If you are going to pickup the passport by person, then you should be there between 4PM-5:15PM. Thats the delivery time.
In DC office you can not pickup anything before 2PM. Remember this
Thanks a lot for the information. Since I had sent my renewal application via courier, I never got any pick up slip. I have paid $15 for mailing service. What I am worried is that even if I drive 5 hours to pick up, if they haven't processed my application (its close to 4 weeks now since I have applied), I will run out of options. On the website they claim that they will process in 5 business days. I must have tried close to 5 different phone numbers multiples times for past week or so. I have also emailed and faxed my query multiple times. Same result - No response at all. I just don't get how work is done at the embassy.
SFSweta
08-27 01:40 PM
You may! Because your priority date is based on your PERM/Labor...and that still holds valid.
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morpheus
07-12 12:35 PM
The information quoted by morpheus is quite correct. you can attend board meetings as a director although honorory or because of your extensive shareholding. you cannot be a salaried, contracted or basically compensated director or board member. you cannot take salaries but can take dividends (profit). you can also apply for any licenses or authorizations required for the business in your name. just make sure you dont write anything off in your name to save the taxes on the dividends because that will show your active involvement (day to day) which you cannot have.
The board issue does get very confusing. For example, an H1 is invited to be on the advisory board of a company and they grant the H1 some stock options. They don't pay the board members honororia or anything else. Is the H1 holder violating his or her status? At which point - when they accept the options? Or when they sell the stock? What if they have a green card by the time they sell the stock? What if the stock if held in the H1 employers name? It gets very confusing and there are few guidelines.
The H1 law was never intended to cope with the complexities of modern business as I see it!
Does anyone know some good lawyer/CPA who can provide guidance on such matters.
Also what if indian citizen residing in india wants to sell online to US customers ?
You could try any of the well known immigration law firms - Murthy, Rajiv Khanna etc.
I don't see how an Indian citizen in India selling online has anything to do with immigration?
The board issue does get very confusing. For example, an H1 is invited to be on the advisory board of a company and they grant the H1 some stock options. They don't pay the board members honororia or anything else. Is the H1 holder violating his or her status? At which point - when they accept the options? Or when they sell the stock? What if they have a green card by the time they sell the stock? What if the stock if held in the H1 employers name? It gets very confusing and there are few guidelines.
The H1 law was never intended to cope with the complexities of modern business as I see it!
Does anyone know some good lawyer/CPA who can provide guidance on such matters.
Also what if indian citizen residing in india wants to sell online to US customers ?
You could try any of the well known immigration law firms - Murthy, Rajiv Khanna etc.
I don't see how an Indian citizen in India selling online has anything to do with immigration?
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vshar
07-31 09:16 PM
I wish they will have online chat with IO who is assigned to ones file( not CSR) so no more RFEs etc.
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h1b_visaholder
06-08 09:57 PM
Any updates on this... I would really like to know cos I am in the same situation and would like to know what happened in your case.
Thanks in Advance.
Thanks in Advance.
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psam
07-22 01:25 AM
Hi,
I applied I-140/485 last July. In November, 2007 I left the previous employer, i.e. before 180 days. In April, 2008, my I-140 is approved, i.e. after 180 days. I have worked for them for 4.5 years.
Thanks!
In case you decide to re-start your GC with another employer, use the approved I-140 to retain your original priority date.
I applied I-140/485 last July. In November, 2007 I left the previous employer, i.e. before 180 days. In April, 2008, my I-140 is approved, i.e. after 180 days. I have worked for them for 4.5 years.
Thanks!
In case you decide to re-start your GC with another employer, use the approved I-140 to retain your original priority date.
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skp71
07-13 10:32 AM
Her 485 has been filed FOUR years ago sir.
She is NOT in H4 status anymore the day your I-485 is approved.
She has 180 days (from your approval date) to file I-485 application, otherwise she has to do follow-to-join CP at consulate abroad.
Consult a good attorney asap.
____________________
Not a legal advice.
She is NOT in H4 status anymore the day your I-485 is approved.
She has 180 days (from your approval date) to file I-485 application, otherwise she has to do follow-to-join CP at consulate abroad.
Consult a good attorney asap.
____________________
Not a legal advice.
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gc_hopful
06-04 04:06 PM
Hi,
My status on the DOL website shows 'CERTIFIED'. How long after status 'certified' will the attorney get hard copy of the approval notice so we can proceed wth I-140. It has been almost 1 and 1/2 weeks since I saw my status as certified.
Also, how soon after applying I-485 can we travel abroad.
Thanks in advance.
GC_HOPFUL
My status on the DOL website shows 'CERTIFIED'. How long after status 'certified' will the attorney get hard copy of the approval notice so we can proceed wth I-140. It has been almost 1 and 1/2 weeks since I saw my status as certified.
Also, how soon after applying I-485 can we travel abroad.
Thanks in advance.
GC_HOPFUL
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green2007
09-13 02:49 PM
EB-3
Mail Date: June 29, 2007
Received Date: July 2, 2007 @ 10:25a singed by J. Barrett
RN
I 485- 9/12
I 765- 9/12
I 131- 9/12
Just be patient guys. I stop worrying about it and finally got all the receipt notice.
Good Luck
Mail Date: June 29, 2007
Received Date: July 2, 2007 @ 10:25a singed by J. Barrett
RN
I 485- 9/12
I 765- 9/12
I 131- 9/12
Just be patient guys. I stop worrying about it and finally got all the receipt notice.
Good Luck
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inspectorfox
08-04 10:45 PM
Mine was upgraded to Premium by my company after waiting 15 months (see signature). Two days after it was upgraded, my I-140 was approved. Then company lawyer sent inquiry to USCIS on my I-485 after that I saw LUD on 9/15,9/16,9/17 then nothing. Then another LUD on 10/25,10/26 then on 10/27 i got 21 emails from CRIS, our 485 was approved (family of 5). So I think it's worth it. I thought I am stucked with name/background check but I guess I am not since they approved my I-485. So good luck to you guys !!
WOW... It's hard for me to believe this. I think it's all your good karma.
I filed my I140 in Oct 2006. RFE for Ability to Pay. Replied to this RFE in Feb 2007. I noticed no progress on my case so I decided to upgrade to PP on June 15. Still no decision. Took INFOPASS appointment on 07/27 to check case status was told USCIS got the Missing Documents on June 15 (Surprise Surprise - No documents were ever sent) and case has resumed normal processing. Lawyer says USCIS Officer did not provide correct information to me... He got an email stating my case has been moved to the Review Department of TSC for background check. Its 303 days today since I filed my case and I would appreciate if someone could guide me if there is a way to expediate the processing.
User: InspectorFox
Labor Filing Date: 10 Oct 2005
Service Center: Texas
Processing Type: premium
Category: EB3
Filing Type: non-concurrent
USCIS Receipt Date: 05 Oct 2006
USCIS Notice Date: 28 Nov 2006 RFE: yes
RFE Reply Date: 06 Feb 2007 I-140 Status: pending
Nationality: India
LUD: 07/28, 06/19, 06/18, 06/15, 02/14, 02/08, 11/28, 10/05
STRUCK BY SECURITY CHECK -
WOW... It's hard for me to believe this. I think it's all your good karma.
I filed my I140 in Oct 2006. RFE for Ability to Pay. Replied to this RFE in Feb 2007. I noticed no progress on my case so I decided to upgrade to PP on June 15. Still no decision. Took INFOPASS appointment on 07/27 to check case status was told USCIS got the Missing Documents on June 15 (Surprise Surprise - No documents were ever sent) and case has resumed normal processing. Lawyer says USCIS Officer did not provide correct information to me... He got an email stating my case has been moved to the Review Department of TSC for background check. Its 303 days today since I filed my case and I would appreciate if someone could guide me if there is a way to expediate the processing.
User: InspectorFox
Labor Filing Date: 10 Oct 2005
Service Center: Texas
Processing Type: premium
Category: EB3
Filing Type: non-concurrent
USCIS Receipt Date: 05 Oct 2006
USCIS Notice Date: 28 Nov 2006 RFE: yes
RFE Reply Date: 06 Feb 2007 I-140 Status: pending
Nationality: India
LUD: 07/28, 06/19, 06/18, 06/15, 02/14, 02/08, 11/28, 10/05
STRUCK BY SECURITY CHECK -
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sweet_jungle
09-16 01:59 AM
I am a July 2 filer. I got 485 receipt notice from California Service Center with receipt date of july 2. Today, in mail, I got another notice called transfer notice, which states that my case has been transferred to Nebraska. The receipt date on the transfer notice is Sep 5. Is it nromal to have such diferent receipt dates? Will USCIS process by receipt date on receipt notice or on transfer notice?
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sekharan
10-14 07:23 PM
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ramidiskr
01-09 04:19 PM
I am in similar situation,
But my wife will not be having a valid visa while returning and she will not have her AP before leaving US.?
I would mail the AP once it is approved and can she come back with AP?
I would be maintaining my H-1 status all the way through......
Please advise!!!
But my wife will not be having a valid visa while returning and she will not have her AP before leaving US.?
I would mail the AP once it is approved and can she come back with AP?
I would be maintaining my H-1 status all the way through......
Please advise!!!
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GCDo
04-25 01:45 AM
I never heard of this...what crap it is.?:eek:
Checked with my company lawyer. According to them it is a separate document from marriage certificate.
I applied for GC only after getting married , so right from the beginning my passport etc has my wifes name in it. What caused this RFE still baffles me.
I am not sure how will I get this document sitting in USA within 2 weeks.
Is there any other alternative ? Has any one faced with this kind of RFE and has given
some substitute for "Memorandum of marriage"
Checked with my company lawyer. According to them it is a separate document from marriage certificate.
I applied for GC only after getting married , so right from the beginning my passport etc has my wifes name in it. What caused this RFE still baffles me.
I am not sure how will I get this document sitting in USA within 2 weeks.
Is there any other alternative ? Has any one faced with this kind of RFE and has given
some substitute for "Memorandum of marriage"
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greenmonster
11-23 11:10 AM
Vishwak,
Thanks for the quick reply. For your answer to Question2.. my employer and some suggests not to file Ac21. just for the record sake i would send them a note that i would come back to the sponsoring company.
Do you think it is an option not to file Ac21 and still manage ? or will there be any issues for not filing ? any way i have to go back to the sponsor when its time...
Thanks for the quick reply. For your answer to Question2.. my employer and some suggests not to file Ac21. just for the record sake i would send them a note that i would come back to the sponsoring company.
Do you think it is an option not to file Ac21 and still manage ? or will there be any issues for not filing ? any way i have to go back to the sponsor when its time...
omved
07-17 06:48 PM
We should thank them all who worked for the cause. An official thank you gesture from IV would be sufficient I guess...
admin
01-05 08:04 AM
The $100 was just mentioned in passing. Please contribute more if you want to get really involved in this effort.
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