desi3933
04-02 08:44 AM
Gurus,
I have completed 4 years on H1B and I converted to L2 status and applied for EAD(feb'10) thru my Spouse's L1 Visa.
My GC is in process and not filed my I-485 yet.
Now my question is, as if i stay L2 for 1 year and if i convert it back to H1B, will my H1 term Start all over and will i get additional 6 year term? Please provide your feedback
Thanks
No, you can get only remainder of 6 years (on H-1B) and you are not subject to cap either. One must be physically present outside the US for 365 days to reset clock for H-1B. However, in that case, beneficiary is subject to H-1B cap as well.
Time spent on H4 or L2 does not count towards 6 years for H-1B.
As per 8 CFR 214.2(h) (13) (i) (B)
When an alien in an H classification has spent the maximum allowable period of stay in the United States, a new petition under sections 101(a)(15)(H) or (L) of the Act may not be approved unless that alien has resided and been physically present outside the United States, except for brief trips for business or pleasure, for the time limit imposed on the particular H classification. Brief trips to the United States for business or pleasure during the required time abroad are not interruptive, but do not count towards fulfillment of the required time abroad
________________
Not a legal advice.
I have completed 4 years on H1B and I converted to L2 status and applied for EAD(feb'10) thru my Spouse's L1 Visa.
My GC is in process and not filed my I-485 yet.
Now my question is, as if i stay L2 for 1 year and if i convert it back to H1B, will my H1 term Start all over and will i get additional 6 year term? Please provide your feedback
Thanks
No, you can get only remainder of 6 years (on H-1B) and you are not subject to cap either. One must be physically present outside the US for 365 days to reset clock for H-1B. However, in that case, beneficiary is subject to H-1B cap as well.
Time spent on H4 or L2 does not count towards 6 years for H-1B.
As per 8 CFR 214.2(h) (13) (i) (B)
When an alien in an H classification has spent the maximum allowable period of stay in the United States, a new petition under sections 101(a)(15)(H) or (L) of the Act may not be approved unless that alien has resided and been physically present outside the United States, except for brief trips for business or pleasure, for the time limit imposed on the particular H classification. Brief trips to the United States for business or pleasure during the required time abroad are not interruptive, but do not count towards fulfillment of the required time abroad
________________
Not a legal advice.
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GCHope2011
07-10 03:54 PM
If you are questioned on educational equivalence of the 3+2 year degree's parity with US' 4+2 year bachelor + masters, and your education evaluator can make a strong case for it, you should be ok.
singhsa3
12-13 12:55 PM
They do keep record of when you called and what did you call about. I can tell that from personal experience.
In my case , I called them about Name Check and I was told that I called them earlier asking the same question and was asked to check back when 120 days are over.
This was the first time I called up the USCIS help desk (1-800-375-5283) to find about AC21 180 days rule, when she asked what is this for I informed for change of employer.
I would like to know if that statement would be noted and would it create me any problems in future, as of now I don�t have any plans to change employer.
Any suggestions are greatly appreciated.
My Case Details:
PD: EB2- 2006.
I-140 Cleared.
EAD: Received.
FP: Completed
In my case , I called them about Name Check and I was told that I called them earlier asking the same question and was asked to check back when 120 days are over.
This was the first time I called up the USCIS help desk (1-800-375-5283) to find about AC21 180 days rule, when she asked what is this for I informed for change of employer.
I would like to know if that statement would be noted and would it create me any problems in future, as of now I don�t have any plans to change employer.
Any suggestions are greatly appreciated.
My Case Details:
PD: EB2- 2006.
I-140 Cleared.
EAD: Received.
FP: Completed
2011 Thomas Chicago White Sox
aim-high
03-25 08:34 AM
Hi
Thanks for your reply.
See according to the consulate, they say the following
passport or travel document valid for at least three months after visa expiry date
In this case, they mean the schengen visa expiration date. For example, if I am travelling from April 1 to April 20th, they will give me visa only upto April 20th. They want my AP to have expiration atleast 3 months from April 20th (which will be July 20th) but my AP is expiring on April 10th.
Thanks for your reply.
See according to the consulate, they say the following
passport or travel document valid for at least three months after visa expiry date
In this case, they mean the schengen visa expiration date. For example, if I am travelling from April 1 to April 20th, they will give me visa only upto April 20th. They want my AP to have expiration atleast 3 months from April 20th (which will be July 20th) but my AP is expiring on April 10th.
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teachamerica07
09-23 12:30 PM
No you cannot . You can only teach Math at this time.
Is ESL offer from the same school that sponsored you for math H1?
If it is, then ask your lawyer if the school can do some paperwork so that ESL can be added to your approved H1 .
Is ESL offer from the same school that sponsored you for math H1?
If it is, then ask your lawyer if the school can do some paperwork so that ESL can be added to your approved H1 .
bank_king2003
04-23 06:49 PM
Thanks aruben for your reply.
the client is happy with my work and he cant pay me legally because i am not his employee so he wants to give me equity as his appreciation which i can later utilise if at all the company grows in future.
Regards,
the client is happy with my work and he cant pay me legally because i am not his employee so he wants to give me equity as his appreciation which i can later utilise if at all the company grows in future.
Regards,
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supu
04-21 12:43 AM
Can anyone please recommend a lawyer in Delhi for filling and helping in the I-824 or councillor processing for my Wife.
I am looking for a lawyer , who has office in both Delhi and in USA , so they can take care of the complete process.
I.e filing I-824 in USA and helping in india to prepare for the interview
If not in delhi , then please recommend any where in India :)
Also any idea , how much would it cost.
Thanks in advance
I am looking for a lawyer , who has office in both Delhi and in USA , so they can take care of the complete process.
I.e filing I-824 in USA and helping in india to prepare for the interview
If not in delhi , then please recommend any where in India :)
Also any idea , how much would it cost.
Thanks in advance
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mohican
05-16 11:07 AM
As the title suggest, it is meant for folks who have invoked AC21 (1-140 approved, I-485 filed & pending more than 6 months, job desc almost similar) successfully and unsuccessfully.
If you have successfully transferred, can you comment on the experience, any denial notices that you had to overcome? Have you got the green card finally?
If unsuccessful, what issues are you facing? Is there some work around or going back to desh is the only option?
Thoughts/Comments--from AC21 league members.
Thanks
Mohican
If you have successfully transferred, can you comment on the experience, any denial notices that you had to overcome? Have you got the green card finally?
If unsuccessful, what issues are you facing? Is there some work around or going back to desh is the only option?
Thoughts/Comments--from AC21 league members.
Thanks
Mohican
more...
ksvreg
07-19 02:40 PM
My I-140 approved. Based on the July 2007 Visa Bulletin revision threat on June 30th, I have prepared and submitted I-485 package with all necessary documents along with approved I-140 copy. I sent the package to Nebraska Service Center and it reached on July 2nd. In the last minute, my company also submitted the I-485 package. My company sent the package on July 1st and reached on July 2nd at Texas Service Center. This was happened due to some communication gap between my company and me.
My questions are:
1. Will there be any problem if there are two package submitted? One from me and one from my company law firm?
2. Will they reject one of the package? If so, which one will be returned?
3. Is it possible to withdraw one of the package?
My questions are:
1. Will there be any problem if there are two package submitted? One from me and one from my company law firm?
2. Will they reject one of the package? If so, which one will be returned?
3. Is it possible to withdraw one of the package?
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manish756
04-12 04:32 PM
Thanks a lot . she is travelling on AP. I haven't received the RFE till now.
It was issued in 10 april 2009i didn't understand about three weeks.Can you pls elaborate
It was issued in 10 april 2009i didn't understand about three weeks.Can you pls elaborate
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ski_dude12
07-13 01:14 PM
Another substitute case...
Any reason you went for substitute labor instead of your own?
I applied for I-140 in July 2007 using a substitute labor EB2 (from a different company) with a priority date of Nov 2005 and it got approved in May 2008.
During the same July fiasco, my employer at that time applied for I-485 with a priority date of August 2006.
I didn't apply for priority date porting after the substitute labor I-140 got approved because I didn't have the approval notice.
I read somewhere that even though I didn't apply for porting of the date, USCIS will consider the earlier date. How far is this true? How can I find out my correct priority date?
Thank you
Note: I already posted this in 'August Bulletin Out - EB2 India 01MAR06' but discussion there is totally different. So, posted a new thread.
Any reason you went for substitute labor instead of your own?
I applied for I-140 in July 2007 using a substitute labor EB2 (from a different company) with a priority date of Nov 2005 and it got approved in May 2008.
During the same July fiasco, my employer at that time applied for I-485 with a priority date of August 2006.
I didn't apply for priority date porting after the substitute labor I-140 got approved because I didn't have the approval notice.
I read somewhere that even though I didn't apply for porting of the date, USCIS will consider the earlier date. How far is this true? How can I find out my correct priority date?
Thank you
Note: I already posted this in 'August Bulletin Out - EB2 India 01MAR06' but discussion there is totally different. So, posted a new thread.
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gc_kaavaali
08-24 10:32 PM
Advance Parole is not a valid document to obtain Driving License...
thanks for your quick reply.
What about using AP for status check? Will they accept that?
thanks for your quick reply.
What about using AP for status check? Will they accept that?
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srikondoji
04-11 09:36 PM
Now. Don't try to scream.
This is just unofficial and don't ask my sources.
All i know is that as of yesterday there were only 18000 applications for Masters quota.
Why did not they get filled as fast as the Regular quota?
This is the reasoning my lawyer gave....
"Most of the applicants for Master's quota were in confusion after April 3 after reading several bulletins about 200,000 or so H1-B applications. And some people didn't even apply thinking that the USCIS may have received more than enough master's quota applications even though the bulletin said that they were accepting more applications for Master's quota."
I know of people who have submitted fresh H1-B applications under master's quota as late as April 7th.
So guys, wait for the official numbers. Don't believe me. But do compare when the official news is released.
I am surprised by the slow pace of Master's applications.
This is just unofficial and don't ask my sources.
All i know is that as of yesterday there were only 18000 applications for Masters quota.
Why did not they get filled as fast as the Regular quota?
This is the reasoning my lawyer gave....
"Most of the applicants for Master's quota were in confusion after April 3 after reading several bulletins about 200,000 or so H1-B applications. And some people didn't even apply thinking that the USCIS may have received more than enough master's quota applications even though the bulletin said that they were accepting more applications for Master's quota."
I know of people who have submitted fresh H1-B applications under master's quota as late as April 7th.
So guys, wait for the official numbers. Don't believe me. But do compare when the official news is released.
I am surprised by the slow pace of Master's applications.
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hiharsh
08-03 12:41 PM
Hi ,
I was convicted of petty larceny in NY. I was convicted of disorderly conduct PENEL CODE 240.20 on 05/25/2006 in NEW YORK . The actual arraignment charges applied were 155.25.165.40.
I performed 6 days of community service. Paid some $75. After a 1 year (5-26-2007) the charges were expunged. I have disposition letter from the NY court.
When I applied for my green card in July 2006 , in the I-485 / green card file I revealed that I was charged, convicted and arrested and my charges were expunged. I got my green card in August 2007 on the bases of VAWA (Violence against women act).
Now, I have been living in Maryland for the last 3 years.(Since September 2007)
I have applied for neutralization.
I am scared that I shall not be deported or citizenship should not be denied because of my conviction which is disposed almost 4 years old.
I have no charges against me after that incident.
I am filing my tax returns every year.
Do you think I can still be denied the citizenship? Or I can be deported ?
I would appreciate your response.
Regards
I was convicted of petty larceny in NY. I was convicted of disorderly conduct PENEL CODE 240.20 on 05/25/2006 in NEW YORK . The actual arraignment charges applied were 155.25.165.40.
I performed 6 days of community service. Paid some $75. After a 1 year (5-26-2007) the charges were expunged. I have disposition letter from the NY court.
When I applied for my green card in July 2006 , in the I-485 / green card file I revealed that I was charged, convicted and arrested and my charges were expunged. I got my green card in August 2007 on the bases of VAWA (Violence against women act).
Now, I have been living in Maryland for the last 3 years.(Since September 2007)
I have applied for neutralization.
I am scared that I shall not be deported or citizenship should not be denied because of my conviction which is disposed almost 4 years old.
I have no charges against me after that incident.
I am filing my tax returns every year.
Do you think I can still be denied the citizenship? Or I can be deported ?
I would appreciate your response.
Regards
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sunny1000
03-28 01:06 AM
Hi all,
I am on H4 visa now. Got a long awaited job (with EAD) which will start in June 2011. My I-94 is till september 2010 becoz H4 is stamped till that date. But I have I94 with I-797 till June 2011(6 years of H4). I want to travel to India before i start my job, probably in may. My husband is still on H1 visa eventhough he has EAD.
1.Can i travel on H4 status as i m not holding a job right now? My 797 is only till june 2011. If i go for stamping, it is more likely to get rejected.
2. Can i use EAD and AP eventhough i am not working rightnow? Are there any chance of denying my reentry with AP?
I cannot afford to loose my job and due to personal reasons, i can't avoid the travel. Please give your valuable advice.
You can use your AP for travel and come in as a Parolee even if you are not working.
Since you think you will have trouble getting H4 stamped, coming in using AP is the best thing to do.
Usually, travel with AP is smooth. If the officer asks you the reason for your travel, tell him/her that you went to see your family (don't say that you went on vacation). Make sure that you take the copy of your I-485 receipt notice and your original EAD with you, just in case. You will be sent for secondary inspection but, don't worry, that is normal practice for Parolees.
Good luck with your travel.
I am on H4 visa now. Got a long awaited job (with EAD) which will start in June 2011. My I-94 is till september 2010 becoz H4 is stamped till that date. But I have I94 with I-797 till June 2011(6 years of H4). I want to travel to India before i start my job, probably in may. My husband is still on H1 visa eventhough he has EAD.
1.Can i travel on H4 status as i m not holding a job right now? My 797 is only till june 2011. If i go for stamping, it is more likely to get rejected.
2. Can i use EAD and AP eventhough i am not working rightnow? Are there any chance of denying my reentry with AP?
I cannot afford to loose my job and due to personal reasons, i can't avoid the travel. Please give your valuable advice.
You can use your AP for travel and come in as a Parolee even if you are not working.
Since you think you will have trouble getting H4 stamped, coming in using AP is the best thing to do.
Usually, travel with AP is smooth. If the officer asks you the reason for your travel, tell him/her that you went to see your family (don't say that you went on vacation). Make sure that you take the copy of your I-485 receipt notice and your original EAD with you, just in case. You will be sent for secondary inspection but, don't worry, that is normal practice for Parolees.
Good luck with your travel.
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msgrewal81
08-30 09:11 PM
What a mean approach....what about people who have yet to apply EB3...guys when are we start supporting future EB appliers as illegals from mexico vote for candidates who support legalization of illegals..
Typical EB approved guy dont give hell to the one who follows...that needs to change and be taken care in all the future proposals coming up from IV..
Typical EB approved guy dont give hell to the one who follows...that needs to change and be taken care in all the future proposals coming up from IV..
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ragz4u
09-13 07:58 AM
My I140 was sent to LIN too and approved promptly!
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kondur_007
08-28 03:38 PM
Mine is basically a hopeless case.
EB3 India with PD Feb 2007.
My EAD, AP and II140 are all approved because of the July Fiasco and its been more than 180 days since they all got approved.
I have my EAD and AP in hand, but I140 is with employer. I neither have a copy of it, nor the receipt number/tracking for it . All I know is that it is approved. My employer will not give it to me as it is not required by law. I am still working on H1 (haven't used EAD yet)
Recently the client I am working with asked if I would be interested in a full time with them and said I can use my EAD. Is it possible for me to take up this offer without having any details about my I140 except knowing that it is approved.?
PS: I trust my employer. If they said my I140 is approved, then it is.
Safest thing to do: get a copy of I 140 approval and also copy of labor certification from USCIS via Freedom of Information act request (FOIA).
This way, you case will be clean (you need to use AC 21 and new job needs to be same or similar to the one for which you have GC filed; this requires a good attorney's help along with job titile and job description in original labor).
Good Luck.
EB3 India with PD Feb 2007.
My EAD, AP and II140 are all approved because of the July Fiasco and its been more than 180 days since they all got approved.
I have my EAD and AP in hand, but I140 is with employer. I neither have a copy of it, nor the receipt number/tracking for it . All I know is that it is approved. My employer will not give it to me as it is not required by law. I am still working on H1 (haven't used EAD yet)
Recently the client I am working with asked if I would be interested in a full time with them and said I can use my EAD. Is it possible for me to take up this offer without having any details about my I140 except knowing that it is approved.?
PS: I trust my employer. If they said my I140 is approved, then it is.
Safest thing to do: get a copy of I 140 approval and also copy of labor certification from USCIS via Freedom of Information act request (FOIA).
This way, you case will be clean (you need to use AC 21 and new job needs to be same or similar to the one for which you have GC filed; this requires a good attorney's help along with job titile and job description in original labor).
Good Luck.
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manbeing
12-27 06:48 PM
but on my LCA, my lawyer entered 5/17 as my last day for continuous employment reason.(my first day in my current company was 5/18). Will that be a problem?
All experience letters should indicate the last date of your employment as 5/15.
All experience letters should indicate the last date of your employment as 5/15.
Reggit
10-13 12:44 AM
Anyway that I can get a solid black line? It keeps preserving the opacity deficient coloring of the actual rectangle. More or less, the black line is getting the same 50% opacity as I made the rectangle. Don't want that. :P
:pirate: Ar.
:pirate: Ar.
sangmami
07-17 02:06 PM
Just Posted
Update (Such As It Is) on the Visa Bulletin Debacle (Updated 2pm)
saw in aila...any details
Update (Such As It Is) on the Visa Bulletin Debacle (Updated 2pm)
saw in aila...any details
