meridiani.planum
05-11 02:36 AM
Hi All,
I came to US on H1B visa in Feb 2005. Initially for two & half months(2.5) I was on bench, than I got project for 6 months. After that project again I was on bench for two & half moths(2.5). Means totally I was on bench for 5 months, so for that period I don't have paystubs with me. I have W2 & paystubs for those 6 months(when I was on the project) as I paid tax for those 6 months.
After that I never be on the bench till date, means I am constantly on the project from Jan 2006 to till date.
My labor got approved & I-140 is in process. Now in future if I get RFE on this issue than how should I give response in that matter?:confused:
I am asking this because I want to be prepare if any RFE come regarding this issue.
I will really appreciate any kind of response/guidance in this matter.
I really need solution for this problem.
Thanks in advance.
You were out of status in those 5 months. It does not matter at LC and I-140 stages only at I-485. However upto 180 days of out of status is forgiven when you file your 485, so you should be ok. THis is IN CASE you get an RFE for this. There is a good chance USCIS might even overlook this. Also if you left the US and returned any time after tha tou tof status, your slate is wiped clean (they are only supposed to check your status since your last entry into the US). So either way you should be ok... dont worry about it.
I came to US on H1B visa in Feb 2005. Initially for two & half months(2.5) I was on bench, than I got project for 6 months. After that project again I was on bench for two & half moths(2.5). Means totally I was on bench for 5 months, so for that period I don't have paystubs with me. I have W2 & paystubs for those 6 months(when I was on the project) as I paid tax for those 6 months.
After that I never be on the bench till date, means I am constantly on the project from Jan 2006 to till date.
My labor got approved & I-140 is in process. Now in future if I get RFE on this issue than how should I give response in that matter?:confused:
I am asking this because I want to be prepare if any RFE come regarding this issue.
I will really appreciate any kind of response/guidance in this matter.
I really need solution for this problem.
Thanks in advance.
You were out of status in those 5 months. It does not matter at LC and I-140 stages only at I-485. However upto 180 days of out of status is forgiven when you file your 485, so you should be ok. THis is IN CASE you get an RFE for this. There is a good chance USCIS might even overlook this. Also if you left the US and returned any time after tha tou tof status, your slate is wiped clean (they are only supposed to check your status since your last entry into the US). So either way you should be ok... dont worry about it.
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pointlesswait
12-29 11:34 AM
When you apply for H1 transfer..they transfer the current H1.
If you have more than 6 months on ur H1 you cannot apply for extension..
when you file for transfer.
So better option would be:
a.) Transfer H1...and then file for extension.
b.) Or file for extension and then change jobs...
if you havent filed for 485.. then you have to restart the GC..and recapture your PD.... i used the option B.
hope this helps
Gaz
I am in a similar situation. What did your friend end up doing? I would appreciate any feedback on this.
My 140 is approved, 6th year expires in March 09, 485 has not been filed due to retrogression and there is a potential for a layoff. Can I transfer 140 to a new employer and file 3 yr extension at the same time?
If you have more than 6 months on ur H1 you cannot apply for extension..
when you file for transfer.
So better option would be:
a.) Transfer H1...and then file for extension.
b.) Or file for extension and then change jobs...
if you havent filed for 485.. then you have to restart the GC..and recapture your PD.... i used the option B.
hope this helps
Gaz
I am in a similar situation. What did your friend end up doing? I would appreciate any feedback on this.
My 140 is approved, 6th year expires in March 09, 485 has not been filed due to retrogression and there is a potential for a layoff. Can I transfer 140 to a new employer and file 3 yr extension at the same time?
saibaba
12-18 02:39 PM
my honest opinion on transit visa issues- the best way is to do a quick check on Netherlands website.......rather than only rely on answers on a public forum
http://www.netherlands-embassy.org/visainquiry.asp
Visa Inquiry Result
March 11, 2003
Inquiry date: December 18, 2008
Citizen of: India
Status in US: unlisted status
Resident of: Texas
Travel document: US Re-entry Permit
Duration of stay: less than 12 hours
Purpose of stay: airport transit
First country: Netherlands
Second country: Other
Main destination: other
Based on the above mentioned information the following has been concluded:
an airport transit visa is not required.
Please note that each traveller needs to hold a valid passport with a validity thats exeeds the intended stay by at least 3 months and a return/onward airline ticket. In addition to that, visitors to the Netherlands need to present proof of sufficient funds and medical insurance upon arrival. Travellers should not present a danger to public order or national security.
http://www.netherlands-embassy.org/visainquiry.asp
Visa Inquiry Result
March 11, 2003
Inquiry date: December 18, 2008
Citizen of: India
Status in US: unlisted status
Resident of: Texas
Travel document: US Re-entry Permit
Duration of stay: less than 12 hours
Purpose of stay: airport transit
First country: Netherlands
Second country: Other
Main destination: other
Based on the above mentioned information the following has been concluded:
an airport transit visa is not required.
Please note that each traveller needs to hold a valid passport with a validity thats exeeds the intended stay by at least 3 months and a return/onward airline ticket. In addition to that, visitors to the Netherlands need to present proof of sufficient funds and medical insurance upon arrival. Travellers should not present a danger to public order or national security.
2011 La levedad de Portia | Los
theMan
02-26 08:21 AM
Aristotle, I think as a Non Resident, you are not eligible for Standard deduction. Again, OP you questions will be addressed better in the forum mentioned in my previous post.
more...
softcrowd
03-11 10:31 AM
PD Transfer can even be done @ i-485 stage too, but that's not as straight a process as porting it at the I-140 stage. But technically, it can be done at I-485 too.
rsayed
02-19 10:30 PM
...don't know the answer to your other questions - but, as far as -
"how far are we from either Bill getting passed?" - Your guess is as good as IV's, my friend.
Welcome to the real world - where your GC is processed by the time you're on a rocking chair, with a walking stick in your hand...kinda like the TOI commercial where an old man gets selected for the National Cricket Team.
"how far are we from either Bill getting passed?" - Your guess is as good as IV's, my friend.
Welcome to the real world - where your GC is processed by the time you're on a rocking chair, with a walking stick in your hand...kinda like the TOI commercial where an old man gets selected for the National Cricket Team.
more...
satishbsk
06-27 01:19 PM
If you believe that you haven't received an approval notice (for example - you check the online system and it indicates that your case was approved and you have not received an approval notice), USCIS encourages you to submit an inquiry to the e-mail box: CSC.NoNotice@DHS.Gov. Please include your receipt number and/or your "A" number with your inquiry. USCIS expects to respond to email inquiries within 30 calendar days.
________________
Contributed $260 so far
________________
Contributed $260 so far
2010 Photofrancesca gregorini
paskal
12-19 03:38 AM
absolutely
i wrote a pm to all those that responded to the MN threads, have had two replies so far including yours.
I will probably set up a time and let you know, we will see how many people show up then.
btw please do visit the two campaign threads if you haven't done so already: $20/member marathon and add a member, we all need to work on getting iv ready for the next big push,
thanks much!
i wrote a pm to all those that responded to the MN threads, have had two replies so far including yours.
I will probably set up a time and let you know, we will see how many people show up then.
btw please do visit the two campaign threads if you haven't done so already: $20/member marathon and add a member, we all need to work on getting iv ready for the next big push,
thanks much!
more...
lazycis
12-03 11:36 AM
Lazycis,
Did you inform USCIS after you invoked AC21? Thanks!
No. Both times it was a large company (one has an agreement with a big law firm to handle immigration-related issues). I asked my current employer's attorney about it and she told me not to worry, they never had issues with AC21 portability (employer has 120,000+ employees). She was right regarding my case.
Did you inform USCIS after you invoked AC21? Thanks!
No. Both times it was a large company (one has an agreement with a big law firm to handle immigration-related issues). I asked my current employer's attorney about it and she told me not to worry, they never had issues with AC21 portability (employer has 120,000+ employees). She was right regarding my case.
hair Portia de Rossi and Francesca
cbpds
12-09 04:50 PM
Well Said, its the bitter truth many will not agree :)
more...
LostInGCProcess
11-26 10:43 AM
Perhaps I am missing something. I thought you could get an extension beyond six years only if:
1. Your labor was pending for more than 360 days OR
2. Your I-140 was approved
I did not know that you could get an extension if:
Your labor was approved and your I-140 was still pending.
My understanding is that the USCIS came out with the I-140 premium processing only to address the above scenario. Perhaps someone who has dealt with this first hand can enlighthen us.
You are right. For approved labor (or pending more then a year, which is rare these days), pending more then a year, and if I-140 is still pending, you get H1 for 1 year. With approved I-140, you get 3 year extension.
1. Your labor was pending for more than 360 days OR
2. Your I-140 was approved
I did not know that you could get an extension if:
Your labor was approved and your I-140 was still pending.
My understanding is that the USCIS came out with the I-140 premium processing only to address the above scenario. Perhaps someone who has dealt with this first hand can enlighthen us.
You are right. For approved labor (or pending more then a year, which is rare these days), pending more then a year, and if I-140 is still pending, you get H1 for 1 year. With approved I-140, you get 3 year extension.
hot ellen degeneres and portia de
snathan
02-22 10:57 PM
Is there a specific stage in the process till which point i have to be in US. If I go back, I will go back to India on a job with the same employer and can come back later with the same employer. Thanks.
Technically No. But you never know what USCIS will ask for
Technically No. But you never know what USCIS will ask for
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house Portia de Rossi, Francesca
uma001
12-19 09:59 AM
Hi,
My wife is waiting on her H-1B approval. She is on a H-4 currently. The company that sponsored her H-1B is an american fortune 500. This will be her first H-1B and she is in the USA for 11 months now. I have a few questions:
1. To apply for the SSN she would need the original I-797 and the I-94, correct?
2. After she applies at the SSN office, will she be able to see the number immediately (and wait for the card) ?
3. How long does it normally take them for issuing a SSN for a person like her? (H-4 to first time H-1B)?
Thanks in advance.
Sagittarian,
Did your wife work before in India? How did fortune500 apply for H1?Did they attach client letter during H1 application?
My wife is waiting on her H-1B approval. She is on a H-4 currently. The company that sponsored her H-1B is an american fortune 500. This will be her first H-1B and she is in the USA for 11 months now. I have a few questions:
1. To apply for the SSN she would need the original I-797 and the I-94, correct?
2. After she applies at the SSN office, will she be able to see the number immediately (and wait for the card) ?
3. How long does it normally take them for issuing a SSN for a person like her? (H-4 to first time H-1B)?
Thanks in advance.
Sagittarian,
Did your wife work before in India? How did fortune500 apply for H1?Did they attach client letter during H1 application?
tattoo They showed off Portia#39;s new
overseas
08-21 04:22 PM
I further checked with my companies attorney and also called USCIS and understood that I need to file EAD and AP with Texas service center as I live in Massachusetts.
I did paper filing and sent my application today.
I did paper filing and sent my application today.
more...
pictures portia de rossi francesca
add78
03-20 10:01 AM
I was told if you have valid stamping you do not need get new stamping even if you changed the employer. All you need is to give the new approval notice at the POE.
am I missing somthing here.
Frankly, I am surprised to see such a question from someone with so many posts.
If you read the OP and desi3933 responses, the OP is currently NOT in H1B status.
Since there is no such thing as H1 "transfer", a new H1B petition is needed, if one is inside the country AND currently maintaining H1B status while the new H1B is requested, USCIS can issue the new H1B WITH a new I-94 (i.e. new I-797 with I-94 at the bottom). In that case, next time if the person goes out, while coming back can use this new I-797 with I-94 along with a previously unexpired visa stamp. Since OP is currently NOT in H1B status, USCIS will NOT issue new H1B (I-797) with I-94 and therefore, as the old visa stamp is now invalid (no longer working for older employer and no longer in H1B), the OP MUST apply at the consulate for new H1B stamp which will enable his/her entry and upon entry will get a new I-94 (white card).
am I missing somthing here.
Frankly, I am surprised to see such a question from someone with so many posts.
If you read the OP and desi3933 responses, the OP is currently NOT in H1B status.
Since there is no such thing as H1 "transfer", a new H1B petition is needed, if one is inside the country AND currently maintaining H1B status while the new H1B is requested, USCIS can issue the new H1B WITH a new I-94 (i.e. new I-797 with I-94 at the bottom). In that case, next time if the person goes out, while coming back can use this new I-797 with I-94 along with a previously unexpired visa stamp. Since OP is currently NOT in H1B status, USCIS will NOT issue new H1B (I-797) with I-94 and therefore, as the old visa stamp is now invalid (no longer working for older employer and no longer in H1B), the OP MUST apply at the consulate for new H1B stamp which will enable his/her entry and upon entry will get a new I-94 (white card).
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extofu
03-07 11:06 AM
You require a new H1B stamp in your passport. If you look at your existing H1B stamp - it will have the name of your company (it is not clear from your post if this is Company A or Comapny B). Once you quit the company and leave this country, you need to have new stamp. In your case, you must have H1B stamp from Company C when you enter after you leave the country (unless you are visiting Mexico or Canada - in which case you can use automatic revalidation rule - provided you are out of the country for less than 30 days).
I am not sure what will happen if you try to reenter on a H1B with old company. The POE will have some way to find out in which company u r working.
My current H1 stamp is for company A.
Based on what you wrote, would you advise me to get the stamp of company C if I have plans to change to C eventually? I know that when I will be reentering USA, I will be on the payroll for company C.
I am not sure what will happen if you try to reenter on a H1B with old company. The POE will have some way to find out in which company u r working.
My current H1 stamp is for company A.
Based on what you wrote, would you advise me to get the stamp of company C if I have plans to change to C eventually? I know that when I will be reentering USA, I will be on the payroll for company C.
more...
makeup Portia de Rossi and Hugh Grant
anurakt
12-27 11:11 AM
anurakt, thanks for the update.
There is no information or caption on our home page that clearly states that this site/group is for highly skilled immigrants. We should come up with a caption that would convey this and also convey that its for all countries. We can add this beside the immigration voice logo.
The caption should be catchy and should convey the info....some thing like "by the people and for the people".
update: there is info about highly skilled immigrants on the home page but not sure if some people would have time to read these (especially those who just come in from other websites and might think this site is one of those immigration sites)
I think there is an article on front page. Also I am personnaly right now more interested in grass root state chapter person to person campaigning rather tha online campaigning. I think time has come to show the faces and numbers to each other. I appreciate your comments and my intention here is to just give an update. I am sure somebody from core is reading this and will take action if they like the idea....
Thanks once again.
There is no information or caption on our home page that clearly states that this site/group is for highly skilled immigrants. We should come up with a caption that would convey this and also convey that its for all countries. We can add this beside the immigration voice logo.
The caption should be catchy and should convey the info....some thing like "by the people and for the people".
update: there is info about highly skilled immigrants on the home page but not sure if some people would have time to read these (especially those who just come in from other websites and might think this site is one of those immigration sites)
I think there is an article on front page. Also I am personnaly right now more interested in grass root state chapter person to person campaigning rather tha online campaigning. I think time has come to show the faces and numbers to each other. I appreciate your comments and my intention here is to just give an update. I am sure somebody from core is reading this and will take action if they like the idea....
Thanks once again.
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coopheal
08-02 03:33 PM
In profile you enter application receipt numbers which you want to track online. Information you see for a specific application will not be different.
Benefits of profile are:
1) Don’t have to remember the receipt number
2) Will get email for any updates on your application.
Benefits of profile are:
1) Don’t have to remember the receipt number
2) Will get email for any updates on your application.
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cooldude
11-02 07:26 PM
I am able to see my EAD and AP online, but not I-1485. Don't worry, it should be there probaby next week.
muthukmk
08-03 04:25 PM
Are u sure that we have to withdraw old EB3 case. My understanding is that u can file a fresh EB2 and use the old EB3 priority date.
Experts please clarify
Experts please clarify
sunny26
11-21 08:08 AM
Hi Raj
Ur RD is dec21st.Now according to nsc processing date they r processing jan1st 2007 cases.So wait till next update if u didnt get before that u ask ur lawyer or employer to open SR.i dont think there is any paper work for that.They need to call and talk to IO and open.but i donno the procedure so check with quizzer.
I think you mean I need to see which dates are processing @ NSC; if my I-140 reciept date exceed more than 60 days then I can request my Attorney to got for SR(Service Request)?
Please confirm guys..by the way what are the documents we need to provide to go for SR or Attorney will handle it?
Your response much Appreciated.
Thank you
RT
Ur RD is dec21st.Now according to nsc processing date they r processing jan1st 2007 cases.So wait till next update if u didnt get before that u ask ur lawyer or employer to open SR.i dont think there is any paper work for that.They need to call and talk to IO and open.but i donno the procedure so check with quizzer.
I think you mean I need to see which dates are processing @ NSC; if my I-140 reciept date exceed more than 60 days then I can request my Attorney to got for SR(Service Request)?
Please confirm guys..by the way what are the documents we need to provide to go for SR or Attorney will handle it?
Your response much Appreciated.
Thank you
RT
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