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putu99
06-16 08:39 PM
I am in a similar situation...I have been on an F1 visa for the last five years, and have just applied for my OPT. I will start work this August on my F1 OPT, and my employer was going to apply for my H1B visa shortly. However, my husband is on an H1 visa, and thanks to all the dates being current, he can now file his I-485.
I would like to know if I can apply for an H1B *after* my husband files our papers for an AOS (I-485). The reason I ask is because I am not sure how long my husband's EAD will take to arrive (I have heard that perhaps due to everything being current, EADs and Advance Parole applications might get backlogged), and I know my OPT will expire next summer. Therefore before we make any decisions about I-485 filing I need to know if I will be eligible to apply for an H1 visa when I already have an AOS application on file.
Thank you.
I would like to know if I can apply for an H1B *after* my husband files our papers for an AOS (I-485). The reason I ask is because I am not sure how long my husband's EAD will take to arrive (I have heard that perhaps due to everything being current, EADs and Advance Parole applications might get backlogged), and I know my OPT will expire next summer. Therefore before we make any decisions about I-485 filing I need to know if I will be eligible to apply for an H1 visa when I already have an AOS application on file.
Thank you.
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gcisadawg
04-07 05:08 PM
I did extended for my in-laws when they entered last time to US. When they entered next time they entered without any issues.
A quick question. Did you extend after the initial 6 month period? I had a friend who extended the original 3 months and received another 3 months.
rgds,
g
A quick question. Did you extend after the initial 6 month period? I had a friend who extended the original 3 months and received another 3 months.
rgds,
g
skdskd
08-31 11:21 AM
http://www.cnn.com/CNN/Programs/lou.dobbs.tonight/
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micofrost
07-15 01:54 PM
Well, the first statement is true; the second, however is not. When one starts to work on EAD, his/her status changes to AOS, assuming his/her I-485 is pending. So, in this case, she will no longer be considered being on H4.
You can still work on EAD and maintain your H4 as long as you do not go out of the country. If you go out and enter on AP, then you switch back to AOS, no reporting to USCIS is necessary. But if you can still file I-539 and switch back to H4 again.
But on H4 you can still work on EAD, while maintaining your H4 status.
I would ask everyone , pls be careful while responding to someone's querry. And the person asking should also consult a lawyer. In this case, since I am in the same boat, and the advice came from the lawyer. I just got my spouse H4 extended for another 3 years, the after 6 years extension, while she is working on her EAD.
You can still work on EAD and maintain your H4 as long as you do not go out of the country. If you go out and enter on AP, then you switch back to AOS, no reporting to USCIS is necessary. But if you can still file I-539 and switch back to H4 again.
But on H4 you can still work on EAD, while maintaining your H4 status.
I would ask everyone , pls be careful while responding to someone's querry. And the person asking should also consult a lawyer. In this case, since I am in the same boat, and the advice came from the lawyer. I just got my spouse H4 extended for another 3 years, the after 6 years extension, while she is working on her EAD.
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vkannan
03-12 11:25 PM
Received a mail for myself and my wife. welcome to USA. But no email from CRIS.
:):):):):):)
CONGRATULATIONS on your GREEN! Tried to make you green , by adding to your reputation......;) but I guess with so many reds.....still you will not make it into GREEN....
but hey, you got the GREEN Which really matters......Enjoy
:):):):):):)
CONGRATULATIONS on your GREEN! Tried to make you green , by adding to your reputation......;) but I guess with so many reds.....still you will not make it into GREEN....
but hey, you got the GREEN Which really matters......Enjoy
hmehta
09-12 07:20 PM
Yes, you can take "Leave without pay" - you will not be out of status. Even if you are not getting paid you still are on company payroll.
As someone suggested earlier, if a woman on H1-B is pregnant, she can surely take maternity leave without going out of status.
As someone suggested earlier, if a woman on H1-B is pregnant, she can surely take maternity leave without going out of status.
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mr_aryan
10-19 01:50 PM
If the annonation says, you came to U.S for the liecensing exam & and you got any employment offer in correspondece to that after passing it.
I dont think it would be considered as a VISA fraud.
I dont think it would be considered as a VISA fraud.
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willigetgc?
09-09 09:21 AM
Not sure when the movie got released, but last weekend I got to watch "Outsourced" - It was fun !! I would recommend it, a little laughter on this tense topic.
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perm2gc
01-27 11:05 AM
Today me and my wife got our CPO emails. Mine was filed in Eb3 and my wife's was in Eb2. I got my approved though my wife.
I've been in US for 10 years... now i've two things to do
1. Wonder was it really worth this wait.
2. Move to the citizen line.
thanks IV, for all the support.
I'll not be going anywhere..My life has been on IV for all these years and now i don't know what to do because I've been addicted to come to IV every hour of my life these past years. I still remember pressing F5 during the july fiasco bulletin.
:cool:
Congrats!!!
I've been in US for 10 years... now i've two things to do
1. Wonder was it really worth this wait.
2. Move to the citizen line.
thanks IV, for all the support.
I'll not be going anywhere..My life has been on IV for all these years and now i don't know what to do because I've been addicted to come to IV every hour of my life these past years. I still remember pressing F5 during the july fiasco bulletin.
:cool:
Congrats!!!
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div_bell_2003
01-06 01:55 PM
Interesting read since my lawyer had informed me specifically that the CBP officer at POE is not supposed to lift one copy of advanced parole, he's supposed to stamp it and hand it back over to me and make a copy for his own records. They have also told me that if a CBP officer looks to lift a copy, we should politely ask him/her if there is any specific reason he needs an original and can't make a copy.
On the same note, if every time they lift a copy, then how can one make more than say 2 trips on one AP ? I have seen lots of people using AP for business travel and they do make more trips.
You need both copies of the AP. The IO will keep one copy and stamp the other one and return it. When I got back to the USA in December 2008, my POE was Miami. My lawyer had told me to take both copies of the AP with me.
When I was in the Secondary room, there was another person who had only one copy of the AP. The IO asked him for the other copy. The dude told the IO that he had only one copy and the lawyer had told him that one copy is enough (you could see that he was nervous). The IO sarcastically told him to change his lawyer. The dude then said that he was not planning on traveling anytime before the expiry of the AP and said that the IO could keep the copy he had submitted. The IO again wryly told him that things don't work that way. He told the dude to take a seat and he wold see what he could do (the IO was actually polite all the time to this dude - even thought he sounded sarcastic at times - especially when he said "I would not waste any more money on this lawyer"). To make a long story short, I saw him get his stamped AP back and we left the room at around the same time).
My advise to you is - take both the copies - you will not regret it.
On the same note, if every time they lift a copy, then how can one make more than say 2 trips on one AP ? I have seen lots of people using AP for business travel and they do make more trips.
You need both copies of the AP. The IO will keep one copy and stamp the other one and return it. When I got back to the USA in December 2008, my POE was Miami. My lawyer had told me to take both copies of the AP with me.
When I was in the Secondary room, there was another person who had only one copy of the AP. The IO asked him for the other copy. The dude told the IO that he had only one copy and the lawyer had told him that one copy is enough (you could see that he was nervous). The IO sarcastically told him to change his lawyer. The dude then said that he was not planning on traveling anytime before the expiry of the AP and said that the IO could keep the copy he had submitted. The IO again wryly told him that things don't work that way. He told the dude to take a seat and he wold see what he could do (the IO was actually polite all the time to this dude - even thought he sounded sarcastic at times - especially when he said "I would not waste any more money on this lawyer"). To make a long story short, I saw him get his stamped AP back and we left the room at around the same time).
My advise to you is - take both the copies - you will not regret it.
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jagran
07-31 03:11 PM
From where you got this fact? If this is the fact then PD won't be hovering in 2001 since last 5 years. In those days, PD for EB3 was always current so every body applied in EB3.
The Sept bulletin will be
EB2I - Dec 03
EB3I - U
The Sept bulletin will be
EB2I - Dec 03
EB3I - U
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NO_Free_Rider
08-29 08:25 PM
That's interesting! Could you please point me to a location where it says?
Thanks
This is the loophole that needs to be plugged for the SKIL to work successfully. The one clause that need to be added is that the advance degree must have been completed before the LC was filed / approved so that acquiring education in excess of a Bachelor's does not become a ground for exploitation. Also, Online MBA's, M.S and other programs are not accredited by their respective boards anyway, meaning it�s a good 1 1/2 to 2 years of FULL TIME graduate school to get ahead of the line.
Thanks
This is the loophole that needs to be plugged for the SKIL to work successfully. The one clause that need to be added is that the advance degree must have been completed before the LC was filed / approved so that acquiring education in excess of a Bachelor's does not become a ground for exploitation. Also, Online MBA's, M.S and other programs are not accredited by their respective boards anyway, meaning it�s a good 1 1/2 to 2 years of FULL TIME graduate school to get ahead of the line.
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sathyaraj
12-17 03:57 PM
Identify what is the job code in your LC and try to compare the new job duties in the similar category. If you happen to fall within the same group then you are fine. like within 15.****
http://online.onetcenter.org/link/summary/15-1051.00
Try to identify the job code of ur new job, then you will be able to compare.
Hire an attorney before taking any major descisions.
http://online.onetcenter.org/link/summary/15-1051.00
Try to identify the job code of ur new job, then you will be able to compare.
Hire an attorney before taking any major descisions.
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smisachu
11-06 09:38 AM
Any one knows which Airline is good (Cost & Service) from Newark to Bangalore? I have flown AI with stop over in Bom, but would prefer something direct to Bangalore.
Thanks
Thanks
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blackberry
07-30 01:59 PM
Many of us are in this situation.
Can someone throw some light based on prior experience,
who gets the receipt notice when using G-28.
#1. Lawyer Alone
#2. Applicant Alone
#3. Both lawyer & the applicant.
--BB
Can someone throw some light based on prior experience,
who gets the receipt notice when using G-28.
#1. Lawyer Alone
#2. Applicant Alone
#3. Both lawyer & the applicant.
--BB
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ssnd03
07-30 02:17 PM
Congratulations on your approval. Yor are really lucky and we envy you.
I know the systems is so much screwed up. There are so many frustrated people with their priority dates EB2 before August 2004 and could not file I-485 until this July. Its a wonder USCIS approved a case with priorioty date of August 2005. :mad: :confused: the system is so disgusting.
Remember one and only one thing prevents FIFO (First in First Out) for I485 approvals and that is FBI name-check delays. I do not believe FIFO is not honored due to USCIS processing problems.
(BEC backlogs also inhibit GC FIFO but hopefully that will be over by Sep 2007)
This guy's security checks were cleared timely and he got a visa number as soon as they were available.
It is rumored that USCIS in last month assigned visa numbers to applicants without FBI security-check completion. However, these GCs will not be approved if FBI checks are not completed by Sep 30, 2007 and the visa numbers will be returned to DOS. Hence, it remains to be seen how many visa numbers will be wasted in FY 2007 despite the fact that the visa bulletin says U August onwards.
Next to retrogression, this is a serious problem. But the irony is that retrogression allows FBI to enjoy, at our cost, years of delay in doing their job. However, you can also be so unlucky that your name-check does not clear when years later your PD becomes current
I know the systems is so much screwed up. There are so many frustrated people with their priority dates EB2 before August 2004 and could not file I-485 until this July. Its a wonder USCIS approved a case with priorioty date of August 2005. :mad: :confused: the system is so disgusting.
Remember one and only one thing prevents FIFO (First in First Out) for I485 approvals and that is FBI name-check delays. I do not believe FIFO is not honored due to USCIS processing problems.
(BEC backlogs also inhibit GC FIFO but hopefully that will be over by Sep 2007)
This guy's security checks were cleared timely and he got a visa number as soon as they were available.
It is rumored that USCIS in last month assigned visa numbers to applicants without FBI security-check completion. However, these GCs will not be approved if FBI checks are not completed by Sep 30, 2007 and the visa numbers will be returned to DOS. Hence, it remains to be seen how many visa numbers will be wasted in FY 2007 despite the fact that the visa bulletin says U August onwards.
Next to retrogression, this is a serious problem. But the irony is that retrogression allows FBI to enjoy, at our cost, years of delay in doing their job. However, you can also be so unlucky that your name-check does not clear when years later your PD becomes current
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indio0617
09-21 04:53 PM
Currently since labour is progressing really slowly and considering that it looks like fresh labour will get approved quickly .. but folks will have to wait 4-5 years to get into the 140/485 stage, are there are efforts being made by IV to get dependents say an interim EAD, so that they can start working, rather than be a victim of the process.
I think the biggest casualty of the process are the dependents, who unless qualified to get an h1, have no option but sit at home. I know both male and female dependents in this situation.
Wouldn't it make sense to lobby for an interim EAD in following cases:
1. if labour has not been cleared say for a long time period .. (maybe 2 years), or
2. cleared .. but people have waited a long time period but the dates for 140/485 are not current?
Not sure if this issue has been debated before.
vivache:
Top on IV's goals is 'ability to file for I-485' even when visa number is not available. As you perhaps know this will enable securing an EAD. Hope this answers your question.
I think the biggest casualty of the process are the dependents, who unless qualified to get an h1, have no option but sit at home. I know both male and female dependents in this situation.
Wouldn't it make sense to lobby for an interim EAD in following cases:
1. if labour has not been cleared say for a long time period .. (maybe 2 years), or
2. cleared .. but people have waited a long time period but the dates for 140/485 are not current?
Not sure if this issue has been debated before.
vivache:
Top on IV's goals is 'ability to file for I-485' even when visa number is not available. As you perhaps know this will enable securing an EAD. Hope this answers your question.
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jsb
03-26 09:41 AM
security clears of what? Anthrax?
For heaven's sake, those are just text, right? I dont think we can do an attachment..
There are more than 100,000 emails and more than 40,000 paper letters coming to Obama every day. I doubt, if all get acknowledged after somone reads them. Some sort of filtering process has to handle that task. With security I meant, checking on originating IP addresses against their watch-lists, certain words in the text, etc. As per reports, Obams is given some 10 letters (may be some emails) everyday to read.
For heaven's sake, those are just text, right? I dont think we can do an attachment..
There are more than 100,000 emails and more than 40,000 paper letters coming to Obama every day. I doubt, if all get acknowledged after somone reads them. Some sort of filtering process has to handle that task. With security I meant, checking on originating IP addresses against their watch-lists, certain words in the text, etc. As per reports, Obams is given some 10 letters (may be some emails) everyday to read.
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vivache
09-19 01:46 AM
"They are a privately owned LLC ( trust) and if I open a trading account with them, then I am accepted as a 'member' of the trading firm and at the end of the fiscal year, they would provide me a K1 tax form which would reflet my share of profits from my stock trades."
What does being a member mean?
does it mean that you are their employee? Which you cannot be .. since you are on h1 and they haven't filed one for you.
Are you a shareholder? If yes .. on a h1 you have the right to be a shareholder in any company .. (eg .. if you own Oracle stock .. you are a share holder there.)
"Can a person who is on H1B visa engage in an internet business (and receive income from it) from home ? I do know a couple of people who used to do that."
Yes .. the rule is this .. you can own any business .. internet or otherwise .. and can draw an income or profit. But .. you cannot work for that organization as say the CEO or Director Marketing. The reason being .. on a h1 visa .. you can only work for your employer. So essentially you can be an employer .. hire people .. etc ..even process h1's .. but cannot work : ).
What does being a member mean?
does it mean that you are their employee? Which you cannot be .. since you are on h1 and they haven't filed one for you.
Are you a shareholder? If yes .. on a h1 you have the right to be a shareholder in any company .. (eg .. if you own Oracle stock .. you are a share holder there.)
"Can a person who is on H1B visa engage in an internet business (and receive income from it) from home ? I do know a couple of people who used to do that."
Yes .. the rule is this .. you can own any business .. internet or otherwise .. and can draw an income or profit. But .. you cannot work for that organization as say the CEO or Director Marketing. The reason being .. on a h1 visa .. you can only work for your employer. So essentially you can be an employer .. hire people .. etc ..even process h1's .. but cannot work : ).
stemcell
02-11 11:55 AM
MOE
Please 'no more posts' and 'GOODBY' :D
Please 'no more posts' and 'GOODBY' :D
vin13
01-16 12:17 PM
The pay need not be exactly same. You can make more. There is no guide line. For example if you made 60K and now you have a job where you make 300K, then it would be hard to say it is the same kind of job.
Employees get yearly pay increase, or when they move they may make more. You need not have to say no if you get a pay increase. :)
Do not get me wrong, but you seem to have very basic questions. Send me your phone number on a private message and maybe i can clear some of your doubts.
Employees get yearly pay increase, or when they move they may make more. You need not have to say no if you get a pay increase. :)
Do not get me wrong, but you seem to have very basic questions. Send me your phone number on a private message and maybe i can clear some of your doubts.
