Davis
05-19 01:51 AM
Hi,
I got H1-B petition (I-797) approved in 2008 but due to recession, I couldn't appear to consulate office. I did not get a chance to work in US for that employer so I don't have any pay stubs for that employer.
The petition is approved till 2011. And now I am planing to either appear for visa stamping or transfering I-797 to any other sponser.
My queries are -
A-Appearing for Visa stamping now after long time is right option or is there any chance of rejection?
B-Since My current employer is not able to employ me there,I want to transfer my I-797. Can It be possible? How much risk is there? If it can be done that what is the process of that please?
C-Since petition is valid till 2011, If I get stamped this year Oct / 2010 what will be duration of visa?
D-Any sponsrs list ?
Thanks,
~Davis
I got H1-B petition (I-797) approved in 2008 but due to recession, I couldn't appear to consulate office. I did not get a chance to work in US for that employer so I don't have any pay stubs for that employer.
The petition is approved till 2011. And now I am planing to either appear for visa stamping or transfering I-797 to any other sponser.
My queries are -
A-Appearing for Visa stamping now after long time is right option or is there any chance of rejection?
B-Since My current employer is not able to employ me there,I want to transfer my I-797. Can It be possible? How much risk is there? If it can be done that what is the process of that please?
C-Since petition is valid till 2011, If I get stamped this year Oct / 2010 what will be duration of visa?
D-Any sponsrs list ?
Thanks,
~Davis
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aadimanav
06-23 03:12 PM
http://www.dhs.gov/journal/leadership/2008/06/processing-questions.html
Blog Feeds
08-18 02:10 AM
Immigration Lawyers Blog Has Just Posted the Following:
The new visa bulletin is out at this link: http://travel.state.gov/visa/bulletin/bulletin_5113.html. Employment-based categories are as follows: EB-1 remains current for all countries; EB-2 remains current, except for India and China which are at May 2006; EB-3 is at Dec. 2004 for all countries, except for India (Jan. 2002), China (Oct. 2003), and Mexico (currently unavailable); EB-3 other workers is at March 2003 for all countries, except India (Jan. 2002)and Mexico (currently unavailable); EB-4, religious workers, EB-5, and targeted employment areas and regional centers are all current. Family based petitions are backlogged, with the most recent date at Jan. 2010.
http://feeds.feedburner.com/~r/ImmigrationLawyersBlog/~4/hHcICkxAgKc
More... (http://feedproxy.google.com/~r/ImmigrationLawyersBlog/~3/hHcICkxAgKc/september_2010_department_of_s.html)
The new visa bulletin is out at this link: http://travel.state.gov/visa/bulletin/bulletin_5113.html. Employment-based categories are as follows: EB-1 remains current for all countries; EB-2 remains current, except for India and China which are at May 2006; EB-3 is at Dec. 2004 for all countries, except for India (Jan. 2002), China (Oct. 2003), and Mexico (currently unavailable); EB-3 other workers is at March 2003 for all countries, except India (Jan. 2002)and Mexico (currently unavailable); EB-4, religious workers, EB-5, and targeted employment areas and regional centers are all current. Family based petitions are backlogged, with the most recent date at Jan. 2010.
http://feeds.feedburner.com/~r/ImmigrationLawyersBlog/~4/hHcICkxAgKc
More... (http://feedproxy.google.com/~r/ImmigrationLawyersBlog/~3/hHcICkxAgKc/september_2010_department_of_s.html)
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Blog Feeds
01-04 08:10 AM
USCIS has announced that it is working on a rule to create an electronic registration system for H-1B employers subject to the annual cap. Employers would first register an application and be allocated an H-1B cap number and then would file the case. The idea is that employers would need to register to claim an H-1B cap number first and then if they are selected, they then would prepare and file the case. Right now, employers have to go to all the trouble of preparing a case that may be rejected simply because the visa allocation is filled. I think...
More... (http://blogs.ilw.com/gregsiskind/2010/12/uscis-planning-to-move-to-pre-registration-process-for-h-1b-cap-cases.html)
More... (http://blogs.ilw.com/gregsiskind/2010/12/uscis-planning-to-move-to-pre-registration-process-for-h-1b-cap-cases.html)
more...
Googler
09-27 04:06 PM
All,
I wonder if more of you have noticed this phenomena: one of your applications gets approved, but the approval doesn't show up on the online case status system.
My AP was approved on Sept 17, 2007 and mailed out to my attorney who got it in a few days and told me about yesterday when I emailed about another issue. Oddly enough, even today (Sept 27), the online case status system shows an LUD of Sept 14 but no approval. I didn't get the usual approval email from the case status system either.
Annoying -- since now I won't learn of new developments till my lawyer calls me up to let me know and you know what slackers they can be. Although all this may be moot since apparently I am stuck waiting for my name check to clear, so there won't be any new developments to look look forward to for a long long time. Sigh. :(
Thanks,
Googler
I wonder if more of you have noticed this phenomena: one of your applications gets approved, but the approval doesn't show up on the online case status system.
My AP was approved on Sept 17, 2007 and mailed out to my attorney who got it in a few days and told me about yesterday when I emailed about another issue. Oddly enough, even today (Sept 27), the online case status system shows an LUD of Sept 14 but no approval. I didn't get the usual approval email from the case status system either.
Annoying -- since now I won't learn of new developments till my lawyer calls me up to let me know and you know what slackers they can be. Although all this may be moot since apparently I am stuck waiting for my name check to clear, so there won't be any new developments to look look forward to for a long long time. Sigh. :(
Thanks,
Googler
bustarhymes
02-18 02:17 PM
Can i travel on my H1B and Advance parole (EAD) and maintain the same H1B when i come back to the US? I've heard rumors that I will be forced to use the EAD on arriving at the airport. Hence I will lose my H1B (They have been serving as backups to each other)
Here are some additional details:
- Currently working for a company as an employee on my H1B
- H1b doesn't have valid stamping (should i go that route and get that??)
- My 485 Pending. Priority date is Aug 2005 on EB3
- Indian Citizen but born in Africa (EB3 is Rest of the World)
- Have had my EAD for the past two years (havent used it).
- i switched over companies last year and ported the greencard process - AC21
- I have an expired Advance Parole i filed over an 1 1/2 years ago (never used it) and was planning on re-applying for it
- I've lived in the US for the past 15 years and have at no point been illegal.
- Planning to travel to Europe in June.
Here are some additional details:
- Currently working for a company as an employee on my H1B
- H1b doesn't have valid stamping (should i go that route and get that??)
- My 485 Pending. Priority date is Aug 2005 on EB3
- Indian Citizen but born in Africa (EB3 is Rest of the World)
- Have had my EAD for the past two years (havent used it).
- i switched over companies last year and ported the greencard process - AC21
- I have an expired Advance Parole i filed over an 1 1/2 years ago (never used it) and was planning on re-applying for it
- I've lived in the US for the past 15 years and have at no point been illegal.
- Planning to travel to Europe in June.
more...
piyu7444
05-05 10:56 PM
You should get to talk to USCIS coz this is wrong for sure......USCIS should issue you a new EAD with no additional cost.........Even if you do not plan to use EAD card get the issue fixed.......
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suave100
01-30 10:50 AM
I am currently on H1B and in the process of leaving my current employer XYZ Inc. I also have an EAD that I haven't used yet but plan to use going forward. I understand that XYZ will and is rather obligated to notify USCIS of termination of my H1B employment by virtue of which, USICS will take steps to revoke the H1B petition. That being said,
1. Will I (beneficiary) and / or XYZ (petitioner) will receive a notice saying my H1B petition has been revoked?
2. Will it help in any shape or form if I were to fill an (back dated) I-9 form with XYZ indicating that I was already on EAD with XYZ before my termination? In this case, is XYZ still obligated to notify USCIS of termination of my H1B employment?
3. What constitutes a "bona fide termination" and is this even applicable in my case? Should I have a formal resignation letter in place for audit / RFE purposes down the road, if any?
1. Will I (beneficiary) and / or XYZ (petitioner) will receive a notice saying my H1B petition has been revoked?
2. Will it help in any shape or form if I were to fill an (back dated) I-9 form with XYZ indicating that I was already on EAD with XYZ before my termination? In this case, is XYZ still obligated to notify USCIS of termination of my H1B employment?
3. What constitutes a "bona fide termination" and is this even applicable in my case? Should I have a formal resignation letter in place for audit / RFE purposes down the road, if any?
more...
sri2007
02-26 02:02 PM
Thanks for your prompt response.
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kirupa
03-09 09:14 PM
Added!
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pan123
01-10 02:12 PM
Guys,
I remember I have seen this in some thread but I can't find it now. So I am repeating question here:
My receipt number starts with EAC. In order to check processing times, which service center I should be looking at?
Thanks,
I remember I have seen this in some thread but I can't find it now. So I am repeating question here:
My receipt number starts with EAC. In order to check processing times, which service center I should be looking at?
Thanks,
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09-14 12:48 AM
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yagw
11-11 12:05 PM
My I-485 and I-140 was filed last week. I was wondering how many days it takes to get receit and .
when does the six month count down for AC21 begin???? Is it after receit date or fedex date..thnx
Please let me know
You need to wait till your I-140 is approved. Otherwise, you will face problem in AC21 stage.
That said, the 180 days count from "receipt" date in your I-797 (receipt for I-485). And its better to have few days more, if not few weeks/months (just to be safe).
when does the six month count down for AC21 begin???? Is it after receit date or fedex date..thnx
Please let me know
You need to wait till your I-140 is approved. Otherwise, you will face problem in AC21 stage.
That said, the 180 days count from "receipt" date in your I-797 (receipt for I-485). And its better to have few days more, if not few weeks/months (just to be safe).
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prout02
02-09 03:20 PM
Do you need to submit copies of your approved LC or I-140 to support your stay beyond 6 years? I don't see it mentioned in the I-129 application.
And do you say yes or no to the following question (Q.5, Part C of H-1B Data Collection and Filing Fee Exemption Supplement form)?
"Has the beneficiary of this petition been previously granted status as an H1-B nonimmigrant in the past 6 years and not left the United States for more than one year after attaining such status?"
This probably wishes to know whether you have a reason to stay here for more than 6 years. But I don't see anywhere to explain that. Any help is greatly appreciated.
And do you say yes or no to the following question (Q.5, Part C of H-1B Data Collection and Filing Fee Exemption Supplement form)?
"Has the beneficiary of this petition been previously granted status as an H1-B nonimmigrant in the past 6 years and not left the United States for more than one year after attaining such status?"
This probably wishes to know whether you have a reason to stay here for more than 6 years. But I don't see anywhere to explain that. Any help is greatly appreciated.
more...
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invincibleasian
02-19 05:19 PM
You can travel using AP only. No need to worry about visa stamp! But take your lawyers advice on this too!
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ivdude
04-07 03:30 PM
When my parents went for visa interview, I had only H1B extension reciept.No problem..
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sdckkbc
12-29 10:52 AM
I am working on H1B visa as full time employee (Business Analyst) for a global manufacturing company. After going throughforums I understand that as consulting employees need client letters, similarly full time employees need in house project documentation for visa stamping. I work in IT department of my company where we maintain applications and provide production support and there is no specific project that I am working on. Should full time employees must have in house project documentation for visa stamping? Will I have any problem if I tell VO that I provide production support and am not working on a specific 1 project?
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March 20th, 2006, 07:23 PM
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immigrationmatters30
07-16 11:06 AM
My labor is approved in August 2007 and I have approved I140.It is likely that my company might declare chapter 11(bankrupt).I have not yet filed my I1485 yet as dates are not current for my PD.
My question is can I port my I140 to a different company B and extend my H1 based on the approved I140 from company A.
If yes, What documents do I need from company A to get this done.There were some posts which said I cannot port without having my 485 filed and pending approval for 180 days.is this true?
Can someone provide some suggestion what would be good approach.Ofcourse I will talk to a advocate before proceeding but in order for me to request my labor and 140 from my current company, I need to prove it to them that it is possible to port 140 without 485.
My question is can I port my I140 to a different company B and extend my H1 based on the approved I140 from company A.
If yes, What documents do I need from company A to get this done.There were some posts which said I cannot port without having my 485 filed and pending approval for 180 days.is this true?
Can someone provide some suggestion what would be good approach.Ofcourse I will talk to a advocate before proceeding but in order for me to request my labor and 140 from my current company, I need to prove it to them that it is possible to port 140 without 485.
Onyxdoggy
08-02 02:34 PM
I originally came here as an E2 dependant but my husband just walked out of his job and had his visa cancelled. My 1-94 is still valid but I am out of status due to reasons beyond my control. He is leaving to go to another country but I am desperate to stay here. As I am out of status, I can't apply for change of status but am scared that if I leave a re-apply for another visa I will be denied because I stayed here out of status..
Can anyone offer any advice? Really unsure of what to do..
Can anyone offer any advice? Really unsure of what to do..
atlgc
09-15 02:01 PM
how real or possible in getting visitor visa for my brother .
he is under 30 and working in a non -it field and he is married but spouse doesn't work but studied M.tech in CS(just completed)they want to visit us for a month.myself and spouse both are h1-b and 485 applied. and he will be going to chennai consulate in india.
he is under 30 and working in a non -it field and he is married but spouse doesn't work but studied M.tech in CS(just completed)they want to visit us for a month.myself and spouse both are h1-b and 485 applied. and he will be going to chennai consulate in india.
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