colemancol
12-09 02:16 PM
Hello,
You can not (lawfully) re-enter on an H1B, as you're out of status. If you get caught lying at the border, you will be turned back and will likely be permanently barred from entering the U.S. You'll want to re-enter on an H4 visa - you dont need an H4 petition, although obviously you'll need to qualify for the H4, so be prepared to document your spouse's H1 approval and valid status.
Are you stating that you were laid off (thus overstaying), or that you were benched without pay (meaning your employer should have been paying you)? With more than 90 days out-of-status, you may have triggered a period of ineligibility to re-enter the U.S.
Given the apparent overstay issue, I suggest consulting an immigration lawyer.
Hope you find these information valuable.
You can not (lawfully) re-enter on an H1B, as you're out of status. If you get caught lying at the border, you will be turned back and will likely be permanently barred from entering the U.S. You'll want to re-enter on an H4 visa - you dont need an H4 petition, although obviously you'll need to qualify for the H4, so be prepared to document your spouse's H1 approval and valid status.
Are you stating that you were laid off (thus overstaying), or that you were benched without pay (meaning your employer should have been paying you)? With more than 90 days out-of-status, you may have triggered a period of ineligibility to re-enter the U.S.
Given the apparent overstay issue, I suggest consulting an immigration lawyer.
Hope you find these information valuable.
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wandmaker
04-26 04:23 PM
Not a lawyer- but my guess is that the date of validity on your H1b (First H1) is the day you can start counting your 6 years. This is regardless of when you started working for your employer.
Example: Employer sponsored H1 for Mr.X on April 2nd 2005. H1 approved with validiity starting 1st oct 2005. Mr. X flew to the USA in december 2005. Started working 15th jan 2006. The 6 years are counted from 1st Oct 05.
Now one can recapture all the months that the employee was on vacation. But I am not sure if this is still an option.
The six year count starts from the day you entered the US first. If you take the above example, six year count starts from December 2005. Additionally, if there is gap from the time you entered and started working that period is considered out of status, that's all together different issue.
Example: Employer sponsored H1 for Mr.X on April 2nd 2005. H1 approved with validiity starting 1st oct 2005. Mr. X flew to the USA in december 2005. Started working 15th jan 2006. The 6 years are counted from 1st Oct 05.
Now one can recapture all the months that the employee was on vacation. But I am not sure if this is still an option.
The six year count starts from the day you entered the US first. If you take the above example, six year count starts from December 2005. Additionally, if there is gap from the time you entered and started working that period is considered out of status, that's all together different issue.
VMH_GC
07-23 07:06 PM
Gurus,
can you please tell me whether I-94 expiry date should be taken from I-94 CARD given at the port of entry or I-94 from H1b Extension approval notice when filling up I-485 Form?
can you please tell me whether I-94 expiry date should be taken from I-94 CARD given at the port of entry or I-94 from H1b Extension approval notice when filling up I-485 Form?
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p_kumar
06-20 03:37 PM
This is the height of foolishness.trying to get US Citizen a green card....:rolleyes:
more...
ita
11-19 11:48 AM
Does anyone know if there would be some kind of record about
when and how many times we have spoken to the IIO.
Like will a IIO be able to look at one's receipt# and say if they have spoken to an IIO earlier that day or whenever that is?
Thank you.
when and how many times we have spoken to the IIO.
Like will a IIO be able to look at one's receipt# and say if they have spoken to an IIO earlier that day or whenever that is?
Thank you.
wizard
04-23 05:05 PM
I like it! :thumb:
Though I think the text could be more readable. ;)
Though I think the text could be more readable. ;)
more...
Ann Ruben
03-30 07:53 PM
A 7th year extension is still possible, but the extension petition must be filed within 180 days of the LC approval. ( per current DOlL regulations, the LC expires after 180 days). My advice would be to have company B file to amend it's petition, requesting a validity date of 12/12.
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ivyleeger
07-12 09:25 AM
Nicely written
http://www.infoworld.com/article/07/07/12/28OPentinsight_1.html
http://www.infoworld.com/article/07/07/12/28OPentinsight_1.html
more...
CagedApe
06-23 03:24 AM
That layout didn't take long to make at all. I didn't add any detail yet. It's a work in progress :)
BUT, I am a beginner and am just trying to learn photoshop and do something useful at the same time.
BUT, I am a beginner and am just trying to learn photoshop and do something useful at the same time.
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sudiptasarkar
07-14 01:07 PM
Hi,
My 485 status on USCIS site is showing Document production or Oath Ceremony. The status changed on 7/8/2010. What does this status mean. Does this mean approval? How long does it take to recieve the actual card once the case enters to this state.
Thanks in advance.
Sudipta
My 485 status on USCIS site is showing Document production or Oath Ceremony. The status changed on 7/8/2010. What does this status mean. Does this mean approval? How long does it take to recieve the actual card once the case enters to this state.
Thanks in advance.
Sudipta
more...
gdhiren
09-07 03:32 PM
Also folks, don't forget this. We need help from local members on accomodation/transportation.
http://immigrationvoice.org/forum/showthread.php?t=12462
http://immigrationvoice.org/forum/showthread.php?t=12462
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absaarkhan
02-05 12:01 PM
You can live in US legally beyound your current H1B I-94.
As long as your AOS (I-485) is Pending, Ofcoure u need EAD for work.
Hello Friends,
I have utilized AC-21 and moved onto another employer and I will be using my EAD. I have an I-94, from the I-797 of my previous employer, which expires in May 2008.
The question I have is if we have utilized AC-21 can we still live here in US past the I-94 date? Will the stay be considered legal? I ask because as far as I know when a person is on H1B he can not afford to go past the I-94 validity date, does the same apply with an AOS applicant?
As long as your AOS (I-485) is Pending, Ofcoure u need EAD for work.
Hello Friends,
I have utilized AC-21 and moved onto another employer and I will be using my EAD. I have an I-94, from the I-797 of my previous employer, which expires in May 2008.
The question I have is if we have utilized AC-21 can we still live here in US past the I-94 date? Will the stay be considered legal? I ask because as far as I know when a person is on H1B he can not afford to go past the I-94 validity date, does the same apply with an AOS applicant?
more...
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singhv_1980
01-29 04:30 PM
What is unemployment wage report? I read that many visa seekers were asked for this.
Also, they were asked for a notarized list of all the employees with their job title, salary and immigration status. Wow now to get salary information for everyone is breach of privacy.
Also, they were asked for a notarized list of all the employees with their job title, salary and immigration status. Wow now to get salary information for everyone is breach of privacy.
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fromnaija
12-12 09:09 PM
I am not an attorney but seeing as noone has answered your question here is my answer.
Extension of H1 based on I-140 is part of AC21 and is intended for applicants who are in the USA in a valid H1 status. Since your H1 would have expired and you would be out of the USA, you cannot avail yourself of that provision. So, you will have to stay out for one year and then apply for a new H1.
An attorney may answer now and correct me if I am wrong.
Extension of H1 based on I-140 is part of AC21 and is intended for applicants who are in the USA in a valid H1 status. Since your H1 would have expired and you would be out of the USA, you cannot avail yourself of that provision. So, you will have to stay out for one year and then apply for a new H1.
An attorney may answer now and correct me if I am wrong.
more...
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immihelp1
08-07 02:16 PM
Dear nsb,
What u said is not true.
I am in 8th year and went to Nogales for stamping last week. Got 3 years stamped.
If anyone want's more info please PM me.
Thanks,
What u said is not true.
I am in 8th year and went to Nogales for stamping last week. Got 3 years stamped.
If anyone want's more info please PM me.
Thanks,
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hl
04-01 10:03 AM
Yay, I get to be .harish for a day!
more...
makeup the Compaq Evo d510 SFF
June2001
05-12 07:59 AM
Buddy, you will need to send only one AR-11 but will need to call in your change of address for every application. One phone call will cover it all, but make sure you tell the Customer service person that you needed this to be changed for every case. Then you will get a confirmation letter at your mailing address for every case that you changed address on. That is what I had to do on my 485 and EAD application.
Also if you have any dependents over 21 (like spouse) then make sure your spouse is next to you or calls in separately to the Customer service. They will not allow you to speak for your spouse. You could do so for dependents under 21 though.
Here is the little official quote and the link:
If you are not a U.S. citizen and you have a case pending with USCIS you need to do both - call customer service and complete the Form AR-11. The AR-11 is used by non-U.S. citizens to meet the legal requirements of informing USCIS of any change of address. Presently, completing an AR-11 does not update your address on any pending case. Also, while calling customer service updates the address on your pending case, it does not meet the legal requirement of completing an AR-11.
http://www.uscis.gov/graphics/howdoi/address.htm
Hope this helped.
Also if you have any dependents over 21 (like spouse) then make sure your spouse is next to you or calls in separately to the Customer service. They will not allow you to speak for your spouse. You could do so for dependents under 21 though.
Here is the little official quote and the link:
If you are not a U.S. citizen and you have a case pending with USCIS you need to do both - call customer service and complete the Form AR-11. The AR-11 is used by non-U.S. citizens to meet the legal requirements of informing USCIS of any change of address. Presently, completing an AR-11 does not update your address on any pending case. Also, while calling customer service updates the address on your pending case, it does not meet the legal requirement of completing an AR-11.
http://www.uscis.gov/graphics/howdoi/address.htm
Hope this helped.
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ultimo
10-01 01:39 PM
only after getting EAD card . if u have ssn then u can try
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srh1
10-01 10:45 PM
Can anyone tell me after my 6th year of H1 i have a 3 year extension of h1 visa, can i go to india and come back on that visa or do i need to have AP. I got my 140 approved and i got my 485 receipt notices.
VMH_GC
07-23 08:17 PM
Bump ^^^^^^
rameshvaid
07-29 02:53 PM
It's very painful to deal with these guys at times.
I also tried asking a finance broker about this and never heard back...
Have you tried apporaching another bank or some broker ?
(I was intrested to know if the can do a intrest only loan for 125% of current value...I would think no.....but perhaps no one has all the details ironed out yet)
Given a Chance will never deal with WF.. Horrible customer support.. and have bunch of jokers working for them..
RV
I also tried asking a finance broker about this and never heard back...
Have you tried apporaching another bank or some broker ?
(I was intrested to know if the can do a intrest only loan for 125% of current value...I would think no.....but perhaps no one has all the details ironed out yet)
Given a Chance will never deal with WF.. Horrible customer support.. and have bunch of jokers working for them..
RV