vikramy
06-10 02:58 PM
Good to know i can file a new H1 based on 140 irrespective of who filed 140 and i am in H status or not. This way i don't need to be always tensed about a possible RFE on 485.
Hi Vikram -
Since your H-1B transfer petition is denied, you are not in H1 status anymore. However, I would suggest consider applying for 3 year H1 based on approved I-140 (and PD is not current). It does not matter who applied for that I-140.
There is a chance that USCIS may approve this H1 without I-94. In that case, you need to get new visa stamp and reenter into US to get back into H-1B status.
Good Luck.
_______________________
Not a legal advice.
US citizen of Indian origin
Hi Vikram -
Since your H-1B transfer petition is denied, you are not in H1 status anymore. However, I would suggest consider applying for 3 year H1 based on approved I-140 (and PD is not current). It does not matter who applied for that I-140.
There is a chance that USCIS may approve this H1 without I-94. In that case, you need to get new visa stamp and reenter into US to get back into H-1B status.
Good Luck.
_______________________
Not a legal advice.
US citizen of Indian origin
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10-09 08:03 AM
why not?
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03-02 09:29 PM
It really help if you are close to end of the time. I got it in 2 weeks.
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LookingForGC
07-09 01:12 PM
Thank You! It helps.
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go_guy123
01-14 04:49 AM
If you do get the F-1 visa, then you likely would not face any difficulty at the airport. However, F-1 visa requires non-immigration intent, which would be very difficult, if not impossible, for you to prove. Unfortunately, even J-1 visa requires you to prove non-immigration intent. So if you go outside USA, very likely you will not be able to get back. Therefore, I believe that traveling in your state is not advisable; you should stay put until your children's father is in a position to marry you. Then you can obtain the fiancee visa (K-1) and travel abroad.
depending on the country of citizenship J1 waiver is also needed
depending on the country of citizenship J1 waiver is also needed
vinzak
02-19 10:01 AM
Canada needs a transit visa even if you have a US visa stamped on yr passport. This applies even if you're staying inside the airport and not going through Canadian Immigration.
more...
Blog Feeds
06-10 06:40 PM
H1B Visa Lawyer Blog Has Just Posted the Following:
The United States Citizenship and Immigration Service (USCIS) is seeking public comment on a proposed federal rule (http://www.federalregister.gov/OFRUpload/OFRData/2010-13991_PI.pdf) that would adjust most fees by 10% for immigration benefit applications and petitions.
USCIS is a fee-based organization with about 90% of its budget coming from fees paid by applicants and petitioners to obtain immigration benefits. The law requires USCIS to conduct fee reviews every two years to determine whether its costs to administer the nation�s immigration laws, process application, and provide the infrastructure needed to support those activities. A fee adjustment, as detailed in the proposed rule, is necessary to ensure that the USCIS recovers the cost of their operations while also meeting the application processing goals identified in the 2007 fee rule.
Members of the public are encouraged to submit comments and/or suggestions to USCIS.
Comments may be submitted through regulations.gov (http://www.regulations.gov/search/Regs/home.html#home). The comment period runs for 45 days, beginning June 11, 2010 and ending July 26, 2010.
Proposal to Adjust Fees for Immigration Benefits: Questions and Answers (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a36b3d5d65919210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
Proposal to Adjust Fees for Immigration Benefits: Fact Sheet (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=269d3d5d65919210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
Current and Proposed Immigration Fees can be found on the Fact Sheet provided above.
***All information has been taken from USCIS.GOV
More... (http://www.h1bvisalawyerblog.com/2010/06/news_release_uscis_seeks_publi.html)
The United States Citizenship and Immigration Service (USCIS) is seeking public comment on a proposed federal rule (http://www.federalregister.gov/OFRUpload/OFRData/2010-13991_PI.pdf) that would adjust most fees by 10% for immigration benefit applications and petitions.
USCIS is a fee-based organization with about 90% of its budget coming from fees paid by applicants and petitioners to obtain immigration benefits. The law requires USCIS to conduct fee reviews every two years to determine whether its costs to administer the nation�s immigration laws, process application, and provide the infrastructure needed to support those activities. A fee adjustment, as detailed in the proposed rule, is necessary to ensure that the USCIS recovers the cost of their operations while also meeting the application processing goals identified in the 2007 fee rule.
Members of the public are encouraged to submit comments and/or suggestions to USCIS.
Comments may be submitted through regulations.gov (http://www.regulations.gov/search/Regs/home.html#home). The comment period runs for 45 days, beginning June 11, 2010 and ending July 26, 2010.
Proposal to Adjust Fees for Immigration Benefits: Questions and Answers (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a36b3d5d65919210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
Proposal to Adjust Fees for Immigration Benefits: Fact Sheet (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=269d3d5d65919210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
Current and Proposed Immigration Fees can be found on the Fact Sheet provided above.
***All information has been taken from USCIS.GOV
More... (http://www.h1bvisalawyerblog.com/2010/06/news_release_uscis_seeks_publi.html)
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sideeque
05-24 01:51 AM
I have already posted there.
more...
flipflop
08-28 01:39 PM
I believe filing CPT and working on CPT till EAD (if filed with 485) arrives in hand should not affect pending I-485 at all.
Can somebody else in this situation confirm this?
This should be quite a common issue.
Can somebody else in this situation confirm this?
This should be quite a common issue.
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andycool
07-02 10:36 AM
Hi All,
I got my COS from H4 to F1 approved in first semester itself (Fed-2010), now my questions is I don�t have plans for going to India in next couple of years so after completing my masters can I apply for OPT without having the F1 Visa stamping OR should I have to get F1 Visa stamping in India in order to get the OPT after my masters.
You can get OPT after completion of your masters program you don't need visa for OPT .
Thanks
I got my COS from H4 to F1 approved in first semester itself (Fed-2010), now my questions is I don�t have plans for going to India in next couple of years so after completing my masters can I apply for OPT without having the F1 Visa stamping OR should I have to get F1 Visa stamping in India in order to get the OPT after my masters.
You can get OPT after completion of your masters program you don't need visa for OPT .
Thanks
more...
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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immi2006
01-05 10:02 AM
Folks,
Without much emphasis - will this not add weight atleast to show what the Tech companies have the power ? The founders are immigrants
Link # 0
http://nl.newsbank.com/nl-search/we/Archives?p_action=doc&p_docid=11678789AF708BE8&p_docnum=2
San Jose Mercury News (CA) January 4, 2007 Section: Front
VALLEY'S NEW LEADERS COMING FROM OVERSEAS
STUDY SHOWS IMMIGRANTS HELP CREATE MORE THAN HALF OF AREA'S START-UPS - JOHN BOUDREAU, Mercury News
Sudhakar Muddu left everything familiar in his homeland of India in 1990 to attend Yale University on a post-graduate scholarship. He later worked for IBM and Silicon Graphics.
Link # 1
http://cbs5.com/topstories/local_story_004195228.html
California Can Thank Google For Budget Windfall
(AP) SACRAMENTO Someday, this era may simply be known as The Google Years.
California, whose budget revenue slides up and down like a yo-yo with changes in capital gains and stock options, is once again counting on outsized income tax filings from a handful of tech executives to help balance its budget. For this wave, California can largely thank Google Inc.
After cashing in more than 9 million shares valued at $3.7 billion last year, 16 Google insiders will owe the Golden State as much as $380 million in taxes -- enough to cover the salaries of more than 3,000 state workers. - And countless other employees in Silicon Valley,
Without much emphasis - will this not add weight atleast to show what the Tech companies have the power ? The founders are immigrants
Link # 0
http://nl.newsbank.com/nl-search/we/Archives?p_action=doc&p_docid=11678789AF708BE8&p_docnum=2
San Jose Mercury News (CA) January 4, 2007 Section: Front
VALLEY'S NEW LEADERS COMING FROM OVERSEAS
STUDY SHOWS IMMIGRANTS HELP CREATE MORE THAN HALF OF AREA'S START-UPS - JOHN BOUDREAU, Mercury News
Sudhakar Muddu left everything familiar in his homeland of India in 1990 to attend Yale University on a post-graduate scholarship. He later worked for IBM and Silicon Graphics.
Link # 1
http://cbs5.com/topstories/local_story_004195228.html
California Can Thank Google For Budget Windfall
(AP) SACRAMENTO Someday, this era may simply be known as The Google Years.
California, whose budget revenue slides up and down like a yo-yo with changes in capital gains and stock options, is once again counting on outsized income tax filings from a handful of tech executives to help balance its budget. For this wave, California can largely thank Google Inc.
After cashing in more than 9 million shares valued at $3.7 billion last year, 16 Google insiders will owe the Golden State as much as $380 million in taxes -- enough to cover the salaries of more than 3,000 state workers. - And countless other employees in Silicon Valley,
more...
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GC_ASP
02-12 11:00 AM
Go to www.ehealthinsurance.com , you can get quotes from some of the good insurance companies. You can apply for insurance without any pay obligation upfront. These prices are affordable. A small tip is that its better to shop individual plan than family plans as the family plans are expensive. Also the insurance is expensive for women compared to men. I would suggest you to go for smaller deductibles and no co-insurance. You could get a good insurance for 150 dollars per month. Let me know if you need more info on this.
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mali03
05-09 11:39 AM
As long as we get heard......And we might be in the final edited version (very good chance) for a few minutes
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vishwak
11-10 02:35 PM
What exactly USCIS did??? which is making you to file Case???
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GCisLottery
10-04 12:19 PM
A key figure (http://news.google.com/news?hl=en&ned=us&q=hastert&btnG=Search+News) in the latest political drama was a key figure in immigration debate (http://news.google.com/archivesearch?q=hastert+immigration&ie=UTF-8&oe=UTF-8&btnG=Search+Archives). I wish he makes way and hopefully some moderate does something for the immigrant community.
more...
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harinim
11-25 03:22 PM
Hi All,
I applied for Labor in EB2 category in Oct 2007. It was pending for 2 yrs and 2 days back my employer mentioned that they see my Labor status as denied and that they have not received any denial letter yet.
My H1 will expire in early Jan 2011, so I practically have around 365 days from now to apply for a new Labor. My questions are
1. Should I re-appeal?
2. Do Labors get approved in re-appeal?
3. Can I start a new Labor application with the same employer simultaneously?
4. What�s a safe category to apply at this point in time. EB2 or EB3?
Thanks
I applied for Labor in EB2 category in Oct 2007. It was pending for 2 yrs and 2 days back my employer mentioned that they see my Labor status as denied and that they have not received any denial letter yet.
My H1 will expire in early Jan 2011, so I practically have around 365 days from now to apply for a new Labor. My questions are
1. Should I re-appeal?
2. Do Labors get approved in re-appeal?
3. Can I start a new Labor application with the same employer simultaneously?
4. What�s a safe category to apply at this point in time. EB2 or EB3?
Thanks
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stemcell
12-26 01:45 PM
Does the bill have provisions to increase residency positions ? I heard few months back about hard lobbying to increase the match positions by 15000 to accomodate new patients because of the mandate. Any idea?
Thanks
A
Havent seen any increase in residency positions.
I dont think the bill addresses the 'real' issues that are plaguing health care in this country.
Thanks
A
Havent seen any increase in residency positions.
I dont think the bill addresses the 'real' issues that are plaguing health care in this country.
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reachinus
09-26 03:26 PM
Yes. UR Lawyer is correct. U have to just pay one single fee for 485 filing and u can file yearly extensions for EAD and AP Free till ur 485 is approved.
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July 26th, 2006, 07:30 PM
I loved the first shot showing both the guy and the bird looking intently down into the river. And yes he is no friend of the fishes
sku
12-25 03:19 PM
Hi
I planning to use AC 21 from Next week, I plan to call my parents in July 2008, What should I mention as my Immigration Status in Invitation letter.
As I will not be on H1B and neither I have Green Card ?
I planning to use AC 21 from Next week, I plan to call my parents in July 2008, What should I mention as my Immigration Status in Invitation letter.
As I will not be on H1B and neither I have Green Card ?
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