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GCtension
10-21 07:53 PM
Hi All (Please respond)
I was laid off from company A in MAY 2002 (got salary till 31st May), later joined company B from 1st July 2002, so, I think, I was �out of status� for 1 month, later left company B because of differences on 31st October 2002 (received salary till 31st Oct ) and filed for H1 transfer with other company C on 11th November 2002, I got H1 approval on March 10th 2003, and started working with company C from April 2003 till now, so have 5 months gap between company B and C.
Was I out of status? If yes, looks like I was out out status for 6 months (5months continues plus 1 month earlier), unfortunately this comes to 181 days (june, nov,dec,jan,feb,march).
My I-94 was never expired and I went to India in Feb 2007 and got H1B stamping done and entered US with no problem.
I started my labor with current employer in May 2004 and got I40 approved as well, now filed for 485 in july rush, got EAD and fingerprinting notice, I am worried that my 485 may be denied because of �out of status� in past.
My Question:
1.Was I technically out of status and unlawfully present?
2.How does 180 days calculated? (continues 180 days or 180 days added in two time span like mine)?
3.If there was any out of status or unlawful present in past, Is it erased after lawful entry in US (I did enter in US this year after H1 stamping in India)?
4.Is Fingerprinting notice assures that everything is fine except security and criminal check?
Please help? I am really tensed after reading few forum, This will be horrible emotional set back for me and my family after 6 years in waiting if our 485 is rejected.
I was laid off from company A in MAY 2002 (got salary till 31st May), later joined company B from 1st July 2002, so, I think, I was �out of status� for 1 month, later left company B because of differences on 31st October 2002 (received salary till 31st Oct ) and filed for H1 transfer with other company C on 11th November 2002, I got H1 approval on March 10th 2003, and started working with company C from April 2003 till now, so have 5 months gap between company B and C.
Was I out of status? If yes, looks like I was out out status for 6 months (5months continues plus 1 month earlier), unfortunately this comes to 181 days (june, nov,dec,jan,feb,march).
My I-94 was never expired and I went to India in Feb 2007 and got H1B stamping done and entered US with no problem.
I started my labor with current employer in May 2004 and got I40 approved as well, now filed for 485 in july rush, got EAD and fingerprinting notice, I am worried that my 485 may be denied because of �out of status� in past.
My Question:
1.Was I technically out of status and unlawfully present?
2.How does 180 days calculated? (continues 180 days or 180 days added in two time span like mine)?
3.If there was any out of status or unlawful present in past, Is it erased after lawful entry in US (I did enter in US this year after H1 stamping in India)?
4.Is Fingerprinting notice assures that everything is fine except security and criminal check?
Please help? I am really tensed after reading few forum, This will be horrible emotional set back for me and my family after 6 years in waiting if our 485 is rejected.
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desi3933
01-03 03:53 PM
Hi people, I am currently applying change of status from H1 to F1. Since my PERM got audit, and my h1 visa is going to expire in the end of January 2009, I need to change my status to F1 student visa in order to stay in the U.S legally. Now, I am trying to fill out the form I-539 by myself, and I got confused on:
part 4. additional information on 3g:"Have you, or any other person included in this application, been employed in the U.S. since last admitted or granted an extension or change of status?"
I don't know should I put "YES" or "NO", I have never done "i-539 for change of status" on my first F1/OPT to H1 visa....but I actually worked in the U.S...
Can anyone help me to answer that? Thanks a lot!!!
>> Have you, or any other person included in this application, been employed in the U.S. since last admitted or granted an extension or change of status?
The answer should be Yes.
Good Luck.
__________________________
Not a legal advice.
US Citizen of Indian Origin
part 4. additional information on 3g:"Have you, or any other person included in this application, been employed in the U.S. since last admitted or granted an extension or change of status?"
I don't know should I put "YES" or "NO", I have never done "i-539 for change of status" on my first F1/OPT to H1 visa....but I actually worked in the U.S...
Can anyone help me to answer that? Thanks a lot!!!
>> Have you, or any other person included in this application, been employed in the U.S. since last admitted or granted an extension or change of status?
The answer should be Yes.
Good Luck.
__________________________
Not a legal advice.
US Citizen of Indian Origin
CRAZYMONK
04-07 12:03 PM
I entered US on H1 and the officer stamped the I-94 expiry date to the expiry date of the passport. I applied for a new passport but forgot about the I-94 expiry date. Does it mean that my H1B is expired and not valid? Can I re-enter US on the same H1B visa. Or, my H1B is no longer valid and I have to use AP?
Please let me know.
When did your I94 expired?
Even though it expired and if you are having a EAD you are legal.
Your H1B visa is still valid. If you want you can reenter using the same H1B Visa.
All you need is to extend your stay. I think you can do it by contacting CBP office in your area.
Please let me know.
When did your I94 expired?
Even though it expired and if you are having a EAD you are legal.
Your H1B visa is still valid. If you want you can reenter using the same H1B Visa.
All you need is to extend your stay. I think you can do it by contacting CBP office in your area.
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bobby123
12-29 12:50 PM
You have to go through the same process as a New H1B and it stamped in INDIA again and also get in touch with your new employer he should be able to give you the info you need. Their is no new form to be filled in.
more...
samcam
09-16 11:28 AM
Do we get a notice to get biometrics done when you apply for EAD renewal?
My wife and I have a EAD renewal RD of June 23, 2008 at NSC. We have not gotten any LUD after that. Anybody knows how long it takes to get the EAD?
Thanks for the help guys..
My wife and I have a EAD renewal RD of June 23, 2008 at NSC. We have not gotten any LUD after that. Anybody knows how long it takes to get the EAD?
Thanks for the help guys..
rayen
06-12 01:27 PM
I am going to file application for renewal of EAD of my spouse.She was on H-4 when she came to USA and she got EAD last year. She will start working from Aug 08. She has not used her EAD till now but went to India on AP.
1.What is manner of last entry and the current immigration status for her? Is it Parolee or H4 status in both cases?
2.I have filed I-485 after July 2007. Can I E-file? As I read somewhere on forum that On or after July 30, 2007, applications may not be electronically filed and must be submitted to a Service Center via regular mail or courier service.
Thank you.
Here is the update.
1. If your wife used AP @ POE then Parolee ( AOS - Pending)
2. You can e file but you have to go for FP.
Thanks.
1.What is manner of last entry and the current immigration status for her? Is it Parolee or H4 status in both cases?
2.I have filed I-485 after July 2007. Can I E-file? As I read somewhere on forum that On or after July 30, 2007, applications may not be electronically filed and must be submitted to a Service Center via regular mail or courier service.
Thank you.
Here is the update.
1. If your wife used AP @ POE then Parolee ( AOS - Pending)
2. You can e file but you have to go for FP.
Thanks.
more...
saturn12
02-13 11:53 PM
Hello
I am a EB3 candidate I 485 filed and green card pending,priority date is January 2007.My husband is also on EAD filed I 485 together and I am the principal applicant.He wants to own a sub way franchisee with his valid EAD ,please let me know if he can take up a sub way franchisee.
Thanking you,
I am a EB3 candidate I 485 filed and green card pending,priority date is January 2007.My husband is also on EAD filed I 485 together and I am the principal applicant.He wants to own a sub way franchisee with his valid EAD ,please let me know if he can take up a sub way franchisee.
Thanking you,
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shana04
05-18 07:55 PM
Shana, Better yet update the RFE page on the wiki. The page will be there easily accessible and you will not have the burden of keeping this thread alive.
http://immigrationvoice.org/wiki/index.php/Request_For_Evidence
If you prefer, you can start a new page on the wiki with the title "Common RFEs" or something like that. If you need help updating the wiki just holler and will help.
Thank you friend,
I have updated IV wiki for common RFE's during I-485 stage
Here is the link.
http://immigrationvoice.org/wiki/index.php/Green_Card
http://immigrationvoice.org/wiki/index.php/Request_For_Evidence
If you prefer, you can start a new page on the wiki with the title "Common RFEs" or something like that. If you need help updating the wiki just holler and will help.
Thank you friend,
I have updated IV wiki for common RFE's during I-485 stage
Here is the link.
http://immigrationvoice.org/wiki/index.php/Green_Card
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sagi9
01-12 06:30 PM
Whichever petition is latter is valid.
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shx
01-29 07:02 PM
You should only disclose class B misdemeanors and up. I would think that your citations are class C misdemeanors, which are same as traffic violations. I don't think you are required to disclose those, unless you got arrested, taken to court, etc. Just my opinion.
more...
sivanyk1234
11-04 08:02 AM
It will be very helpful , if any one can clarify the new rule FATCA in regards to Indian NRI bank accounts. Will FATCA filing is required for Green Card Holders also.
Thank you.
Thank you.
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dxldad
05-18 11:48 AM
My friend lost her green card while she was on vacation in China. She got a temporary green card to travel in a week or so which facilitated her entry into US and once she reached here, she just applied for another green card claiming the initial one as lost. There were no issues except the travel delay and the monetary loss.
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pnayak
01-11 12:20 PM
Hi All,
I had a question regarding the relationship between the number h1b transfers and green card process. I've heard some people say that if you have transferred H1b to many companies then the green card process will be delayed because USCIS needs to be convinced that you will be continuing with the same employer. Is this true or does it really not matter how many times you change employers it doesn't effect the green card process.
I have already transferred once. I am thinking of transferring one or possible two more times but am just worried about how this will effect the green card application process.
Thanks,
Purushotham Nayak
I had a question regarding the relationship between the number h1b transfers and green card process. I've heard some people say that if you have transferred H1b to many companies then the green card process will be delayed because USCIS needs to be convinced that you will be continuing with the same employer. Is this true or does it really not matter how many times you change employers it doesn't effect the green card process.
I have already transferred once. I am thinking of transferring one or possible two more times but am just worried about how this will effect the green card application process.
Thanks,
Purushotham Nayak
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Krilnon
01-27 03:06 AM
I had Visual Studio at my disposal while writing a particular application with Blend, but I never ended up actually bothered using VS in that case because the code editor in Blend is fairly nice.
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die_exquisita
07-07 04:42 AM
Hello,
Thanks for the reply!
So the letter is just an employment continuation or verification letter and has nothing that states the spousal details or spouse's intention to accompany the H1 holder. I hope I got that right.
Thanks again!
Thanks for the reply!
So the letter is just an employment continuation or verification letter and has nothing that states the spousal details or spouse's intention to accompany the H1 holder. I hope I got that right.
Thanks again!
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sampath21
06-25 08:52 AM
Hi All,
Joined California based consulting company in mid 2006, got project in Maryland(MD). Worked in Maryland but CA company ran payroll on CA address. I have LCA for Maryland. End of year,2006 filed tax filing with CA state.
Project went till February,2008 they are running my pay stubs,W2 with CA address. I filed CA tax returns for year 2007 but stayed in Maryland.
Now my questions is I�m present in Maryland(LCA) but pay stubs,W2 are showing CA address. In demographic information form(g-325) which I address I need to use. Should I go with physical address(Maryland) or W2 address(CA).
I have no idea how to go about this, can you please advice how to present my case.
Thanks,
Sampath.
Joined California based consulting company in mid 2006, got project in Maryland(MD). Worked in Maryland but CA company ran payroll on CA address. I have LCA for Maryland. End of year,2006 filed tax filing with CA state.
Project went till February,2008 they are running my pay stubs,W2 with CA address. I filed CA tax returns for year 2007 but stayed in Maryland.
Now my questions is I�m present in Maryland(LCA) but pay stubs,W2 are showing CA address. In demographic information form(g-325) which I address I need to use. Should I go with physical address(Maryland) or W2 address(CA).
I have no idea how to go about this, can you please advice how to present my case.
Thanks,
Sampath.
more...
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Blog Feeds
07-07 08:10 PM
Temporary Protected Status and Expired Employment Authorization Documents
One must accept a Temporary Protected Status (TPS) beneficiary's expired Employment Authorization Document (EAD) if DHS has automatically extended its validity in a Federal Register notice. Automatically extended EADs are listed on the USCIS web site. EADs issued to TPS beneficiaries will include one of two category codes: �A-12� or �C-19.� You must not require an employee to provide proof that he or she is a national of a country that has been designated for TPS.
When creating a new case in E-Verify for newly hired TPS beneficiaries, select �Employment Authorization Document (Form I-766)� as the document presented and use the date to which the EAD was automatically extended as the expiration date. We recommend that you read the TPS information on the USCIS web site carefully, as the EAD automatic extension is usually shorter than the TPS extension date.
When re-verifying an existing TPS beneficiary�s employment authorization in Section 3 of Form I-9, write down the date to which the EAD was automatically extended as the expiration date. Never use E-Verify to re-verify an existing employee�s employment authorization.
Once the automatic extension of the EAD expires, re-verify the employee�s employment authorization again in Section 3 of either the original Form I-9 or a new Form I-9. The employee may choose to present a new, unexpired EAD, or any other document from List A or C of Form I-9 that shows he or she continues to be authorized to work in the United States. Federal contractors with the FAR E-Verify clause must follow special rules for verifying new and existing employees, including employees in TPS status. Federal Contractor needs to check the Supplemental Guide for Federal Contractors for more information.
More... (http://www.visalawyerblog.com/2010/07/everify_news_tps_beneficiary.html)
One must accept a Temporary Protected Status (TPS) beneficiary's expired Employment Authorization Document (EAD) if DHS has automatically extended its validity in a Federal Register notice. Automatically extended EADs are listed on the USCIS web site. EADs issued to TPS beneficiaries will include one of two category codes: �A-12� or �C-19.� You must not require an employee to provide proof that he or she is a national of a country that has been designated for TPS.
When creating a new case in E-Verify for newly hired TPS beneficiaries, select �Employment Authorization Document (Form I-766)� as the document presented and use the date to which the EAD was automatically extended as the expiration date. We recommend that you read the TPS information on the USCIS web site carefully, as the EAD automatic extension is usually shorter than the TPS extension date.
When re-verifying an existing TPS beneficiary�s employment authorization in Section 3 of Form I-9, write down the date to which the EAD was automatically extended as the expiration date. Never use E-Verify to re-verify an existing employee�s employment authorization.
Once the automatic extension of the EAD expires, re-verify the employee�s employment authorization again in Section 3 of either the original Form I-9 or a new Form I-9. The employee may choose to present a new, unexpired EAD, or any other document from List A or C of Form I-9 that shows he or she continues to be authorized to work in the United States. Federal contractors with the FAR E-Verify clause must follow special rules for verifying new and existing employees, including employees in TPS status. Federal Contractor needs to check the Supplemental Guide for Federal Contractors for more information.
More... (http://www.visalawyerblog.com/2010/07/everify_news_tps_beneficiary.html)
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applejelly
11-18 10:53 AM
lol! I see what you mean
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wandmaker
03-31 05:07 PM
My parents are planning to go for a visa interview. What is difference between me inviting them to visit me versus they applying as tourists. I understand that if they apply as tourists they need to provide documents showing that they can support themselves.
Will coming as a tourist diminish the possibility of getting 10 year multiple entry visa. Any thoughts on this issue is much appreciated.
Tourists -> They support themselves financially during entire trip
Invite -> You support them financially during entire trip
The chances of getting 10 years multiple entry as a tourist is less likely, if they apply as tourists. Again, it is up to the I/O.
Will coming as a tourist diminish the possibility of getting 10 year multiple entry visa. Any thoughts on this issue is much appreciated.
Tourists -> They support themselves financially during entire trip
Invite -> You support them financially during entire trip
The chances of getting 10 years multiple entry as a tourist is less likely, if they apply as tourists. Again, it is up to the I/O.
frostrated
07-09 02:06 PM
I have demand data March, April and July 2010.
........................... March April July
CY2010 EB2 total 53,300 52,875 44,575
CY2010 EB3 total 148,600 148,550 44,850
EB2 is reduced 11K+ in 4 months and EB3 4K+.
can you post the numbers for CY-2006 and CY-2007 for India and China.
that will give us an idea how the volume moved.
........................... March April July
CY2010 EB2 total 53,300 52,875 44,575
CY2010 EB3 total 148,600 148,550 44,850
EB2 is reduced 11K+ in 4 months and EB3 4K+.
can you post the numbers for CY-2006 and CY-2007 for India and China.
that will give us an idea how the volume moved.
shekhar10c
06-13 06:46 PM
He is probably stucked in name check. If that clears he will get the visa.
Hey people , i need help. as EB-3 is current , my spouse who is on H4 ,applied for change of status(H-4 to F-1) ,so can i file her papers along wth mine in I-485 or not? change of status is in process.
Reply soon!!!!!!
Hey people , i need help. as EB-3 is current , my spouse who is on H4 ,applied for change of status(H-4 to F-1) ,so can i file her papers along wth mine in I-485 or not? change of status is in process.
Reply soon!!!!!!
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