Recording is now available for download http://www.immigration.com/improving_immigration/conference_calls.html
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Conference Call on Dec 11, 2008, Recording is now available for download
- Thread starter monica1
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H1-B questions
Hello Sir:
I filed for AOS on 07/2007 (pending), stopped using my current H1-B on 07/2008 (8th yr. H1-B approved thru 07/2009). Working with petitioning employer since 07/2004. Working on EAD for 2 companies since then, have those regular paystubs. I am EB3-India PD 03/2005, old style RIR labor approved 04/2007. M.S. from US in Materials Science & Engg. in 2001 (working in Software); B.E. in Chemical Engg. from India.
140 pending 500+ days, petitioning company financials disastrous for 2007; ok in 05, 06 (shows profits). My W2 < prevailing wage (53k) in 05,06; 73k in 07. Last H1 paystub in July. My question is can I can apply for a new H1-B thru a different company in the US now, instead of a transfer? Could you suggest any options for me to continue working if my 140 gets denied?
Thank you.
Hello Sir:
I filed for AOS on 07/2007 (pending), stopped using my current H1-B on 07/2008 (8th yr. H1-B approved thru 07/2009). Working with petitioning employer since 07/2004. Working on EAD for 2 companies since then, have those regular paystubs. I am EB3-India PD 03/2005, old style RIR labor approved 04/2007. M.S. from US in Materials Science & Engg. in 2001 (working in Software); B.E. in Chemical Engg. from India.
140 pending 500+ days, petitioning company financials disastrous for 2007; ok in 05, 06 (shows profits). My W2 < prevailing wage (53k) in 05,06; 73k in 07. Last H1 paystub in July. My question is can I can apply for a new H1-B thru a different company in the US now, instead of a transfer? Could you suggest any options for me to continue working if my 140 gets denied?
Thank you.
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Procedure for invoking AC 21
Dear Rajiv,
Thanks a lot for the help.
Pl. help me the procedure for invoking AC 21.
My status as of now:
I- 140 Approved Jan 2008.
I485 filed July 2007 - Still pending.
EAD Valid till July 2010.
3 Yrs of H1B Vaild till 2010 (based on my approved I 140)
As of now I'm on 8th Year H1B.
1. What happen if my employer revoke the approved I140? will it have any consequence in my GC process?
2. What are all the necessary documents required for AC 21. so far i don't have any copy of my approved labor and I140.
3. What document should I give for the new employer? Just EAD enough?
4. How do I contine to apply further extension on my EAD and AP? As of now it was done through my company attorney.
Thanks and Regards,
Rajesh
Dear Rajiv,
Thanks a lot for the help.
Pl. help me the procedure for invoking AC 21.
My status as of now:
I- 140 Approved Jan 2008.
I485 filed July 2007 - Still pending.
EAD Valid till July 2010.
3 Yrs of H1B Vaild till 2010 (based on my approved I 140)
As of now I'm on 8th Year H1B.
1. What happen if my employer revoke the approved I140? will it have any consequence in my GC process?
2. What are all the necessary documents required for AC 21. so far i don't have any copy of my approved labor and I140.
3. What document should I give for the new employer? Just EAD enough?
4. How do I contine to apply further extension on my EAD and AP? As of now it was done through my company attorney.
Thanks and Regards,
Rajesh
Dear Rajiv,
Thanks for offering your help. I am an ex-Flubrighter, in the US since 2002. Just finished my PhD this summer and I am now on my first year of Academic Training. My husband came with me and is a J2. He has worked with an EAD ever since we got here, and the document was always renewed on time with no objections, every time our DS2019s were extended.
Well, not this time.... He applied online and received notice of "application pending" on Sept 7. On Nov 6 we got updated notice saying the EAD had been approved and the card was in production. A week later we log in again, and the status had been pushed back to the "pending" situation with a Sept 7date. Now the 90 days have gone by and still no card or update. We called numerous times and the really helpful (rolls eyes) customer service just took note and emailed Texas to request a revision, which might take 45 days, just to tell us what the status is. The strangest part is they say there is no record of a Nov 6 approval at all. His current EAD expires 12/15 and he will be immediately terminated. Worse part is all of us, including special needs child will lose health insusrance coverage, and they still wont tell us anything at all. And we did start the process 100 days before expiration. Any ideas? We called numerous times, overnighted a pleading letter to Texas and to an officer in DC (done today). Is there anyone else we can reach out for an answer? Any phones or faxes at Texas directly? I suspect there was some kind of error and nobody will listen (I think they don't believe us when we say it was approved on 11/6). It is just ridiculous how our entire lives can change because of this glitch and nobody will listen!
Thanks a lot for any advice,
Mar
Thanks for offering your help. I am an ex-Flubrighter, in the US since 2002. Just finished my PhD this summer and I am now on my first year of Academic Training. My husband came with me and is a J2. He has worked with an EAD ever since we got here, and the document was always renewed on time with no objections, every time our DS2019s were extended.
Well, not this time.... He applied online and received notice of "application pending" on Sept 7. On Nov 6 we got updated notice saying the EAD had been approved and the card was in production. A week later we log in again, and the status had been pushed back to the "pending" situation with a Sept 7date. Now the 90 days have gone by and still no card or update. We called numerous times and the really helpful (rolls eyes) customer service just took note and emailed Texas to request a revision, which might take 45 days, just to tell us what the status is. The strangest part is they say there is no record of a Nov 6 approval at all. His current EAD expires 12/15 and he will be immediately terminated. Worse part is all of us, including special needs child will lose health insusrance coverage, and they still wont tell us anything at all. And we did start the process 100 days before expiration. Any ideas? We called numerous times, overnighted a pleading letter to Texas and to an officer in DC (done today). Is there anyone else we can reach out for an answer? Any phones or faxes at Texas directly? I suspect there was some kind of error and nobody will listen (I think they don't believe us when we say it was approved on 11/6). It is just ridiculous how our entire lives can change because of this glitch and nobody will listen!
Thanks a lot for any advice,
Mar
N470 and naturalization
Hi Rajiv,
Thanks for taking questions.
I am a greencard holder for the last ~42 months now (since jun 2005). I have been in US for most of this period (except for couple of two weeks personal trips). I am taking up an employment position in the asia office of a US multinational. I will have to travel to Asia in Jan 09. I have already applied for the re-entry permit. My question is regarding my naturalization application which I am hoping to file in Jun 2010 (i.e. as soon as my five years as LPR are completed). The company I am joining does not seem to be familar with N-470 process and they have not yet committed to assisting me with the process. My questions are:
a) Assuming that I am not able to get N-470: if I keep traveling back to US every 4-5 months, maintain my US bank accounts, maintain a US house and file US taxes as resident but have employment in Asia, what is the risk of getting citizenship denied? I know this is a subjective question, but if you can tell me based on your experience if the risk is very high, high, medium, low, or very low etc, that will be useful.
b) Can I apply for N-470 even if my company is not sponsoring that process? I understand that at a minimum, I will need an affidavit from the company that lists company's US ownership and nature of my job. Does the letter have to specify expected date of return to US? Or, can it just specify that the currrent job requires me to stay outside US (without committing to any return date)?
c) Finally, assuming that I am able to get N-470, can I apply for citizenship while still employed outside US? I understand that I will have to be physically present in US to submit the application and to attend any interview or biometrics etc. The rules seem to suggest that I will have to "reside" in US after filing the application, but it doesn't say that I have to be physically present in US. Does that mean that as far as N470 is still active, my residency is preserved and I can apply for citizenship? Or, will I have to actually reside in US (with a job, house, family etc.) during the application process.
Finally, before somebody start asking me why do I need citizenship if I am taking a job outside, my goal is to live in US, my both kids are US citizens. I am considering the current job offer because it is a good professional move and is no different than any US citizen who takes up an overseas position for few years.
Thank you very much for your time and service.
Hi Rajiv,
Thanks for taking questions.
I am a greencard holder for the last ~42 months now (since jun 2005). I have been in US for most of this period (except for couple of two weeks personal trips). I am taking up an employment position in the asia office of a US multinational. I will have to travel to Asia in Jan 09. I have already applied for the re-entry permit. My question is regarding my naturalization application which I am hoping to file in Jun 2010 (i.e. as soon as my five years as LPR are completed). The company I am joining does not seem to be familar with N-470 process and they have not yet committed to assisting me with the process. My questions are:
a) Assuming that I am not able to get N-470: if I keep traveling back to US every 4-5 months, maintain my US bank accounts, maintain a US house and file US taxes as resident but have employment in Asia, what is the risk of getting citizenship denied? I know this is a subjective question, but if you can tell me based on your experience if the risk is very high, high, medium, low, or very low etc, that will be useful.
b) Can I apply for N-470 even if my company is not sponsoring that process? I understand that at a minimum, I will need an affidavit from the company that lists company's US ownership and nature of my job. Does the letter have to specify expected date of return to US? Or, can it just specify that the currrent job requires me to stay outside US (without committing to any return date)?
c) Finally, assuming that I am able to get N-470, can I apply for citizenship while still employed outside US? I understand that I will have to be physically present in US to submit the application and to attend any interview or biometrics etc. The rules seem to suggest that I will have to "reside" in US after filing the application, but it doesn't say that I have to be physically present in US. Does that mean that as far as N470 is still active, my residency is preserved and I can apply for citizenship? Or, will I have to actually reside in US (with a job, house, family etc.) during the application process.
Finally, before somebody start asking me why do I need citizenship if I am taking a job outside, my goal is to live in US, my both kids are US citizens. I am considering the current job offer because it is a good professional move and is no different than any US citizen who takes up an overseas position for few years.
Thank you very much for your time and service.
dear Rajiv,
on november 19 th i took my dad for his citizenship interview only to find out he voted.
my dad is in the nursing home. he is 55 now but has been there since he was 52 after his heart stoped and he went into a coma.long story short his brain got damaged. someone in the nursing home registered him and had him vote. my dad does not know his social # and i guess it is a requirement to vote which means someone went into his file to get the no but conveniently overlooked his diagnostics bcos on the registration form it says he is in the home for age related reasons.(false). well uscis did not deny his application bcos we were not sure he really did vote or not. i wrote a letter along with a doctors letter and some hospital records to the voting commissioner. they gave me a letter that says as at that day they had
cancelled his registration after reviewing my request.
i sent it to uscis.
my question is can i sue the nursing home and what kind of lawyer i need to do that. secondly how long b4 we might hear from uscis about a decision on his case.
also they gave him an appointment date to send the letter in or bring it on that day. can we go for the appointment if we dont hear from them by that date?(jan 26)
thank u very much. anthia
on november 19 th i took my dad for his citizenship interview only to find out he voted.
my dad is in the nursing home. he is 55 now but has been there since he was 52 after his heart stoped and he went into a coma.long story short his brain got damaged. someone in the nursing home registered him and had him vote. my dad does not know his social # and i guess it is a requirement to vote which means someone went into his file to get the no but conveniently overlooked his diagnostics bcos on the registration form it says he is in the home for age related reasons.(false). well uscis did not deny his application bcos we were not sure he really did vote or not. i wrote a letter along with a doctors letter and some hospital records to the voting commissioner. they gave me a letter that says as at that day they had
cancelled his registration after reviewing my request.
i sent it to uscis.
my question is can i sue the nursing home and what kind of lawyer i need to do that. secondly how long b4 we might hear from uscis about a decision on his case.
also they gave him an appointment date to send the letter in or bring it on that day. can we go for the appointment if we dont hear from them by that date?(jan 26)
thank u very much. anthia
Niw
Thanks for your service Rajeev!!
My H1 is expiring in 9 months and have applied for NIW a year ago and my questions are :
Thanks for your service Rajeev!!
My H1 is expiring in 9 months and have applied for NIW a year ago and my questions are :
if my NIW is denied, Can i appeal for my NIW and extend my H1 based on that
during my NIW processing can i change to a different job profile but same field(health care industry) for 2 years and later resume the same job for which NIW was filed
Hi Rajiv,
I am spouse of Greencard holder.I currently hold H1-B. My husband would be eligible to file for his citizenship in July 2009.I would like to know when approximately can he apply for my Greencard based on his citizenship(he applies for my greencard AFTER he gets his citizenship).And approximately how long do i need to wait to get my Greencard in hand from the time he applies for my greencard.Also my husband has already filed for family based greencard to me in 2005. Are there any chances of me getting greencard based on his application in 2005 to get finalized (aprroved/disapproved) around the time that he applies once again for my greencard based on his citizenship?
Also i have another question.Whats the process for an Indian born child to become US citizen assuming the child is born in India and one of the parent is a US citizen.Does the child automatically become US citizen?If not whats the process?
If the child is born in India and one of the parent is US green card holder at the time the child is born and becomes a US citizen later, does the child still be eligible to become a US citizen OR can the US citizen parent apply for the child's US citizenship. If so whats the duration or process?Would there be any issues?
Thanks
I am spouse of Greencard holder.I currently hold H1-B. My husband would be eligible to file for his citizenship in July 2009.I would like to know when approximately can he apply for my Greencard based on his citizenship(he applies for my greencard AFTER he gets his citizenship).And approximately how long do i need to wait to get my Greencard in hand from the time he applies for my greencard.Also my husband has already filed for family based greencard to me in 2005. Are there any chances of me getting greencard based on his application in 2005 to get finalized (aprroved/disapproved) around the time that he applies once again for my greencard based on his citizenship?
Also i have another question.Whats the process for an Indian born child to become US citizen assuming the child is born in India and one of the parent is a US citizen.Does the child automatically become US citizen?If not whats the process?
If the child is born in India and one of the parent is US green card holder at the time the child is born and becomes a US citizen later, does the child still be eligible to become a US citizen OR can the US citizen parent apply for the child's US citizenship. If so whats the duration or process?Would there be any issues?
Thanks
Hello Rajiv
Hello Rajiv,
Thanks for everything. Recently my friend came to US 2 months Ago on B1. He has his B1 visa for 10 years. He has been to US couple of times on that visa on business purpose. His H1 got approved this year while he was in India. He did not go to stamping and after coming here on B1 He has applied for H1b transfer through an Attorney.
His application came back twice with various reasons. Attorney says She has done this cases many times and she also says that the guys in the INS mail room is not understanding the case, and returning the packet back. Recently (Friday) she has sent the packet directly to the Director, and awaiting for the receipt notice or Approval. This is premium processing.
My friend is very scared about whats happening and his 3 month I94 expires in the last week of December.
What is the other option?
Thanks
Hello Rajiv,
Thanks for everything. Recently my friend came to US 2 months Ago on B1. He has his B1 visa for 10 years. He has been to US couple of times on that visa on business purpose. His H1 got approved this year while he was in India. He did not go to stamping and after coming here on B1 He has applied for H1b transfer through an Attorney.
His application came back twice with various reasons. Attorney says She has done this cases many times and she also says that the guys in the INS mail room is not understanding the case, and returning the packet back. Recently (Friday) she has sent the packet directly to the Director, and awaiting for the receipt notice or Approval. This is premium processing.
My friend is very scared about whats happening and his 3 month I94 expires in the last week of December.
What is the other option?
Thanks
H1 and F1 Visa Stamping
Dear Rajiv
I came to US on a L1 Visa, from a Company A, in April 2005.
My visa was valid till August 2005. But my I-94 is valid till April 2008.
My L1 petition was valid till August 2007.
In May 2005 Company B applied H1 for me.
H1 papers were filed as if I was in India, and no status change was requested.
I have never joined/worked for Company B.
In July 2007 Company A applied for L1 extension and it got approved.
In March 2008, I got an offer from Company C and they applied for H1 transfer and change of status.
My H1 transfer got approved and my new I-94 is valid until Jan 2011. I am currently working for Company C.
I did not leave US since April 2005.
I am planning to visit India in February 2009.
My wife joined me in US, in May 2005, on L2 Visa.
In August 2005 she enrolled in a school and applied for change of status to F1.
Question:
Could you please suggest the best place, for both of us, to get our visa stamping done with no or minimal risk of delay/rejection.
- Canada/Mexico OR
- Hyderabad, India(We are from Hyderabad)
Thanks a lot for all your help
Dear Rajiv
I came to US on a L1 Visa, from a Company A, in April 2005.
My visa was valid till August 2005. But my I-94 is valid till April 2008.
My L1 petition was valid till August 2007.
In May 2005 Company B applied H1 for me.
H1 papers were filed as if I was in India, and no status change was requested.
I have never joined/worked for Company B.
In July 2007 Company A applied for L1 extension and it got approved.
In March 2008, I got an offer from Company C and they applied for H1 transfer and change of status.
My H1 transfer got approved and my new I-94 is valid until Jan 2011. I am currently working for Company C.
I did not leave US since April 2005.
I am planning to visit India in February 2009.
My wife joined me in US, in May 2005, on L2 Visa.
In August 2005 she enrolled in a school and applied for change of status to F1.
Question:
Could you please suggest the best place, for both of us, to get our visa stamping done with no or minimal risk of delay/rejection.
- Canada/Mexico OR
- Hyderabad, India(We are from Hyderabad)
Thanks a lot for all your help
EAD 90 day unemployment period ending..... need advice
Hello Sir,
My 90 days unemployment period on post completion OPT is ending on December 30th and I, unfortunately, have not found myself a job.
In order to maintain my legal status and stay back in the US, could I change to B-1/ B-2 without going back to my home country India (by going to Canada or Mexico)? I am thinking of doing this as I am applying for further studies (starting in fall 2009). So, I could stay back and continue searching for a job (working part-time or something once I get a valid status like F1 or something) during this time.
If this is possible, how long does it take to get a B-1/ B-2? Does this procedure get done faster when done through a lawyer?
If this change of status can be done, is it true that I would be on valid status even if I do not get my visa by December 30th but my application for B1/B2 has been submitted?
Thank you very much.
Hello Sir,
My 90 days unemployment period on post completion OPT is ending on December 30th and I, unfortunately, have not found myself a job.
In order to maintain my legal status and stay back in the US, could I change to B-1/ B-2 without going back to my home country India (by going to Canada or Mexico)? I am thinking of doing this as I am applying for further studies (starting in fall 2009). So, I could stay back and continue searching for a job (working part-time or something once I get a valid status like F1 or something) during this time.
If this is possible, how long does it take to get a B-1/ B-2? Does this procedure get done faster when done through a lawyer?
If this change of status can be done, is it true that I would be on valid status even if I do not get my visa by December 30th but my application for B1/B2 has been submitted?
Thank you very much.
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Hi Rajiv,
Does a Foreclosure / bad credit have any effect on the GC process?
I applied 140/485 in Aug 2007.
140 is approved, 485 is pending
Currently I'm on 5th yr H1B.
What do I have to do to start working on an EAD and save the remaining 1 yr H status for future use? I'm with the same employer who sponsored my GC.
As long as I'm on EAD and an employee of the company who sponsored the GC, can I take up a part time job with another company? (in a different field)?
Can I be an owner/partner of a company (LLC/INC) while on EAD?
Thanks for your time.
Does a Foreclosure / bad credit have any effect on the GC process?
I applied 140/485 in Aug 2007.
140 is approved, 485 is pending
Currently I'm on 5th yr H1B.
What do I have to do to start working on an EAD and save the remaining 1 yr H status for future use? I'm with the same employer who sponsored my GC.
As long as I'm on EAD and an employee of the company who sponsored the GC, can I take up a part time job with another company? (in a different field)?
Can I be an owner/partner of a company (LLC/INC) while on EAD?
Thanks for your time.
H1B_immigrant
New Member
Transfered H1B predicament
It seems like I have got into a tangle by myself, I need your help to get clarity on my situation.
Situation:
I am currently working with company A on H1 in the US. I accepted an offer from Company B (consultaning firm), it had filled a new H1 and got it approved during last week of Oct 08. I am still with company A on project and have not joined company B due to the lack of projects there. Company B is still trying to get me a project.
Questions:
1) Is it mandatory to join company B before last week of Dec, since I heard there is a 60 day period after H1 approval date that employee requires to join the sponsor company? What are the consequences of not joining even after 60 days? How do I handle this?
2) I am planning to go back to India during Dec and continue working for company A and return to US after few months.
a) While leaving US, I will obviously have to return I-94 got for company A, but I do not have the I-94 for company B since all new H1 documents are with Company B. Will this cause a problem when I return to US in the future? If so is there any way to notify this issue at the immigration counter while leaving?
b) If I decide to return to US in the future, can I choose to work for company B if the H1 is valid and offer is still available? Will I need to go for visa stamping again for company B or can I enter US with the existing visa got through company A?
Thanks in advance.
It seems like I have got into a tangle by myself, I need your help to get clarity on my situation.
Situation:
I am currently working with company A on H1 in the US. I accepted an offer from Company B (consultaning firm), it had filled a new H1 and got it approved during last week of Oct 08. I am still with company A on project and have not joined company B due to the lack of projects there. Company B is still trying to get me a project.
Questions:
1) Is it mandatory to join company B before last week of Dec, since I heard there is a 60 day period after H1 approval date that employee requires to join the sponsor company? What are the consequences of not joining even after 60 days? How do I handle this?
2) I am planning to go back to India during Dec and continue working for company A and return to US after few months.
a) While leaving US, I will obviously have to return I-94 got for company A, but I do not have the I-94 for company B since all new H1 documents are with Company B. Will this cause a problem when I return to US in the future? If so is there any way to notify this issue at the immigration counter while leaving?
b) If I decide to return to US in the future, can I choose to work for company B if the H1 is valid and offer is still available? Will I need to go for visa stamping again for company B or can I enter US with the existing visa got through company A?
Thanks in advance.
Hi Rajiv,
Thanks for your effort toward community.
I am on L1 visa (Company A )and its valid till june 2010.
However i had applied for H1 (Company B )in 2008 and it got approved and it was with a COS.
However i am still working with Company A on L1.
Now, techinically I just came to know that i am OUT OF Status.(As I didn't went out of country)
Is that true?
Secondly, I want to retain my L1 status.
How can I retain that?
Can I go to India and again come back on L1?
Will this retain my L1 status? Will there be any problem on POEntry?
If above is not the solution , than can you kindly suggest some other option of retaining my L1 status?
Also what all I-94's i need to give on POExit? only L1 or both L1 and H1?
Lastly , If after some time i want to join Company B on H1 , how can this possible?
Also, one more doubt. If i withdraw the H1 , next time am i subjected to H1 quota or since i am already assigned a cap i just need to do a COS?
Thanks for your effort toward community.
I am on L1 visa (Company A )and its valid till june 2010.
However i had applied for H1 (Company B )in 2008 and it got approved and it was with a COS.
However i am still working with Company A on L1.
Now, techinically I just came to know that i am OUT OF Status.(As I didn't went out of country)
Is that true?
Secondly, I want to retain my L1 status.
How can I retain that?
Can I go to India and again come back on L1?
Will this retain my L1 status? Will there be any problem on POEntry?
If above is not the solution , than can you kindly suggest some other option of retaining my L1 status?
Also what all I-94's i need to give on POExit? only L1 or both L1 and H1?
Lastly , If after some time i want to join Company B on H1 , how can this possible?
Also, one more doubt. If i withdraw the H1 , next time am i subjected to H1 quota or since i am already assigned a cap i just need to do a COS?
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krishnatheone
New Member
H1 being processed how long I can stay
Hello Rajeev,
Thanks for your time and the good work you are doing for the immigrant community. I need your suggestion on the situation I am in right now.
I finished my Masters in ABC course at XYZ university on 01/01/01 and got my OPT. My OPT expired on 01/01/01 and was eligible for cap gap. The Cap Gap extension was give by my unversity until september 30th. I applied for a H1 through my employer and got picked up in the lottery and the employer received a query on my H-1 application on 01/01/01. My employer submitted the requested papers to the authorities around 01/01/01 and the case is still pending as of today(11/06/08). Now that my cap gap has expired and my H1 is not yet approved(the status says documents recieved and under process).When the authorities were contacted about the status of the H1 application they have told me that it is uder secrity clearance review....
My questions are
1) How LONG can I stay in the US while my H1 is being Processed.
2) And can I apply to a university, as I am waiting for my H1.
3) Say I get an admit from a university and my visa is F1, and then my
pending H1 gets approved, what status will I have.
4) Does making my H1 into premium help in the case of security clearance cases.
Thank You,
LN
Hello Rajeev,
Thanks for your time and the good work you are doing for the immigrant community. I need your suggestion on the situation I am in right now.
I finished my Masters in ABC course at XYZ university on 01/01/01 and got my OPT. My OPT expired on 01/01/01 and was eligible for cap gap. The Cap Gap extension was give by my unversity until september 30th. I applied for a H1 through my employer and got picked up in the lottery and the employer received a query on my H-1 application on 01/01/01. My employer submitted the requested papers to the authorities around 01/01/01 and the case is still pending as of today(11/06/08). Now that my cap gap has expired and my H1 is not yet approved(the status says documents recieved and under process).When the authorities were contacted about the status of the H1 application they have told me that it is uder secrity clearance review....
My questions are
1) How LONG can I stay in the US while my H1 is being Processed.
2) And can I apply to a university, as I am waiting for my H1.
3) Say I get an admit from a university and my visa is F1, and then my
pending H1 gets approved, what status will I have.
4) Does making my H1 into premium help in the case of security clearance cases.
Thank You,
LN
rajeshsadan
New Member
Hi Rajiv,
It is very nice that your conference call is a great help to Immigrants community and getting the proper guidance.
Brief Summary
Nov 2nd 2007 - I came to US on L1B for Employer A and L1 visa validity is upto July 2010.
May 15th 2008 Employer B filed my H1B with COS
H1B approval (1-Oct-2008 to 10-Sep-2011).
As on Dec 8th, I am still working with Employer A. Following are the questions:
1) What should I do to maintain my L1B status ?
2)If I go bahamas or India and come back with new I-94 showing L1 Visa does it retain my L1B ? and what are the other documents i need to show at POEntry...and how risk it is?
3)What are all the documents I need to submit at the POExit?
4)After some time If I want to work for Employer B on H1 ..I heard through premium process its possible..but premium process is again a lottery system? and how risk it is?
Thanks in Adavance,
Rajesh.
It is very nice that your conference call is a great help to Immigrants community and getting the proper guidance.
Brief Summary
Nov 2nd 2007 - I came to US on L1B for Employer A and L1 visa validity is upto July 2010.
May 15th 2008 Employer B filed my H1B with COS
H1B approval (1-Oct-2008 to 10-Sep-2011).
As on Dec 8th, I am still working with Employer A. Following are the questions:
1) What should I do to maintain my L1B status ?
2)If I go bahamas or India and come back with new I-94 showing L1 Visa does it retain my L1B ? and what are the other documents i need to show at POEntry...and how risk it is?
3)What are all the documents I need to submit at the POExit?
4)After some time If I want to work for Employer B on H1 ..I heard through premium process its possible..but premium process is again a lottery system? and how risk it is?
Thanks in Adavance,
Rajesh.
Last edited by a moderator:
chicago_2006
New Member
H1 transfer
Hello Sir,
Thank you so much for this service. I will be thankful if you could answer to my query.
I did posted my query in last call but Mr Rajiv was asking for more information and unfortunately I was not able to attend the call that day.Here is my query with more details.Please answer to my query.
I came to US for the first time in March 2006 on H1B visa through Company A.
I-94 of H1B visa was valid until March 2008. I am working for Company A from the day I entered US till date.
Company A applied for new L1-B in Nov 2006 even though I was already having H1-B. I received the petition papers of L1-B and I-94 in December 2006. L1B & I-94 is valid till Nov 2009.
I applied for H1-B transfer through Company B in Dec 2006 and it got approved but I have not Joined Company B till now.
Now, I am getting good offer from Company C.
I want to know Is it possible to transfer Company A H1-B (I-94 was valid until March 2008) to company C .
I would also like to mention that Company A H1-B was my first H1-B and I have not completed 6 years cap of H1-B so far.
Thank you
Sincerely
Shilpa
Hello Sir,
Thank you so much for this service. I will be thankful if you could answer to my query.
I did posted my query in last call but Mr Rajiv was asking for more information and unfortunately I was not able to attend the call that day.Here is my query with more details.Please answer to my query.
I came to US for the first time in March 2006 on H1B visa through Company A.
I-94 of H1B visa was valid until March 2008. I am working for Company A from the day I entered US till date.
Company A applied for new L1-B in Nov 2006 even though I was already having H1-B. I received the petition papers of L1-B and I-94 in December 2006. L1B & I-94 is valid till Nov 2009.
I applied for H1-B transfer through Company B in Dec 2006 and it got approved but I have not Joined Company B till now.
Now, I am getting good offer from Company C.
I want to know Is it possible to transfer Company A H1-B (I-94 was valid until March 2008) to company C .
I would also like to mention that Company A H1-B was my first H1-B and I have not completed 6 years cap of H1-B so far.
Thank you
Sincerely
Shilpa
Urgent question - fly to Mumbai on Indian passport after US Citizen Oath Ceremony?
Hello Rajiv, Monica! Thanks for the tremendous work over the years.
I am currently an Indian citizen and Indian passport holder. I have my US citizenship interview (and requested oath for immediately after) on January 14, 2009. Right after completing my oath ceremony and receiving certificate of naturalization I will file my application for a US passport. However, due to family health situation I cannot wait in US for my US passport to arrive. After filing application for US passport I plan to fly back to Mumbai on my India passport. I will have my US passport sent to me in India after it is issued.
What are your thoughts about this plan, and what implications might there be while leaving the US, entering India and at some later date reentering the US?
Thanks very much!
Hello Rajiv, Monica! Thanks for the tremendous work over the years.
I am currently an Indian citizen and Indian passport holder. I have my US citizenship interview (and requested oath for immediately after) on January 14, 2009. Right after completing my oath ceremony and receiving certificate of naturalization I will file my application for a US passport. However, due to family health situation I cannot wait in US for my US passport to arrive. After filing application for US passport I plan to fly back to Mumbai on my India passport. I will have my US passport sent to me in India after it is issued.
What are your thoughts about this plan, and what implications might there be while leaving the US, entering India and at some later date reentering the US?
Thanks very much!
jersey1980
Registered Users (C)
Hi Rajiv,
Thanks for your help for the community.
I came to united states on F1 Visa and with out completing my Masters I switched my status to H1 and working since then, now I found some time and willing to complete my masters. I would like to know what are possible ways to get admission and complete my masters. Am I allowed to pursue masters(Part or Full time) while I am on H1 status?
Can I continue my Masters while I am on H1 Status:
Thanks
Thanks for your help for the community.
I came to united states on F1 Visa and with out completing my Masters I switched my status to H1 and working since then, now I found some time and willing to complete my masters. I would like to know what are possible ways to get admission and complete my masters. Am I allowed to pursue masters(Part or Full time) while I am on H1 status?
Can I continue my Masters while I am on H1 Status:
Thanks
Dear Rajiv,
I am in the middle of my green card processing through marriage. Couple of weeks ago, I was charged with a 2nd degree misdemeanor (Disorderly conduct – breach of peace). The cop gave me a ‘notice to appear’ in the court and didn’t take me to the jail. I hired a criminal attorney and the case was Nolle Prossed (the state dropped the charges and didn’t want to prosecute my case). I have my green card interview on first week of January. Do you see any problem because of this misdemeanor charges at the interview….? I have never been charged with any other crime but the one mentioned above. Would you suggest me to take an immigration attorney with me to the green card interview…? I would appreciate your response.
I am in the middle of my green card processing through marriage. Couple of weeks ago, I was charged with a 2nd degree misdemeanor (Disorderly conduct – breach of peace). The cop gave me a ‘notice to appear’ in the court and didn’t take me to the jail. I hired a criminal attorney and the case was Nolle Prossed (the state dropped the charges and didn’t want to prosecute my case). I have my green card interview on first week of January. Do you see any problem because of this misdemeanor charges at the interview….? I have never been charged with any other crime but the one mentioned above. Would you suggest me to take an immigration attorney with me to the green card interview…? I would appreciate your response.
- Status