nlssubbu
12-12 07:30 PM
Hi!
I have an approved H1 until 2009 but expired visa in my passport. I have AP and EAD approved. My lawyer has the original I-485 receipt notice - I only have a fax of it. I am travelling to India in Jan-08.
I am planning to re-enter the USA on AP. Do I need original I-485 receipt to re-enter? OR is AP documents enough? Do I need to carry approved H1-B notice or any other docs?
Thanks for your help!
Vivek.
I-485 receipt notice belongs to you and I do not know why your attorney retained them. If your attorney is not appointed by you and employed through your company, it is all the more better, if you have this copy with you.
If you are planning to re-enter using AP, then have the original I-485 receipt notice and the company letter to be on the safer side.
Have a safe trip!
I have an approved H1 until 2009 but expired visa in my passport. I have AP and EAD approved. My lawyer has the original I-485 receipt notice - I only have a fax of it. I am travelling to India in Jan-08.
I am planning to re-enter the USA on AP. Do I need original I-485 receipt to re-enter? OR is AP documents enough? Do I need to carry approved H1-B notice or any other docs?
Thanks for your help!
Vivek.
I-485 receipt notice belongs to you and I do not know why your attorney retained them. If your attorney is not appointed by you and employed through your company, it is all the more better, if you have this copy with you.
If you are planning to re-enter using AP, then have the original I-485 receipt notice and the company letter to be on the safer side.
Have a safe trip!
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burnt
04-07 03:44 PM
Does it in any way affect my Naturalization Application?
cooldude0807
12-12 12:17 PM
How about Montgomery, so that folks from Mobile can also show up for the meet & it will be a good center point....
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prinive
03-27 07:03 PM
:rolleyes:
more...
gconmymind
08-27 05:21 PM
I think you will not be able to apply for Visa renewal. You will be applying for H1 stamp for the first time hence it is a new visa applicaiton. this is per my understanding, please check with your lawyer. You can also send an email to the consulate (email address on VFS website). They will answer withing 3 business days...Goodluck
VFS website for booking H1B stamping appointments in India seems to have added a new question when booking a H1B appointment.
The question is "Are you applying for same visa class that expired in the last 12 months?*" and they have defined the Visa renewal criteria (which I have pasted below) in order to answer this question. Yes- means you are seeking a appointment for visa renewal and No - means your appt is NOT for visa renewal.
Can somebody advice if me and my wife would fall under the visa renewal category. The last US visa on my passport is F1. My H1b status started in May 2004 and I am now in my 4rth year of H1B. In between I changed employer and my H1 is now valid upto October 2008. But I have NOT travelled outside the country after my H1B status began in May 2004. Hence I am going to get my H1B stamped for the first time. In my wife's case also her last stamp is F1 and she went from F1 to H4 this year so she is also going to get her H4 stamped for the first time. Do we answer YES (appt for visa renewal) or NO(appt not for visa renewal). We are booking a appointment at the Mumbai consulate.
The below is the visa renewal criteria as defined on the website:
Visa renewal appointments are available to visa applicants who:
have a U.S. visa that has expired less than 12 months ago.
wish to apply for the same category visa (work, business, tourist, etc.)
are Indian nationals (hold Indian passports)
are resident in the New Delhi, Chennai, or Mumbai consular districts (this category is not available to Kolkata based applicants).
The following applicants do NOT qualify for appointments in the visa renewal category:
Applicants who have never had a US visa.
Applicants who have a U.S. visa that expired more than 12 months ago.
Applicants applying for a different category visa (e.g. had a student visa, now applying for a work visa).
Non Indian passport holders
Applicants applying at the U.S. Consulate in Kolkata.
First time H4 or L2 applicants under 18 years of age. (If you have recently married a H1b or L1 visa holder but have never had a visa interview for a visa in the H/L category, you may not schedule in the renewal category.)
Applicants applying for more than one visa at the same time (e.g. F and B1/B2).
Applicants applying for entertainment/performance visas(P3 category).
Applicants applying for unskilled worker visas (H2b category).
All visa renewal applicants should bring the following documents to the Embassy/Consulate Consular Section on the day of their appointment:
Current, valid passport
Passports containing previously issued U.S. visas
As applicable, I-797 (H and L), I-20 (F & M students), DS-2019 (J visa applicants)
VFS website for booking H1B stamping appointments in India seems to have added a new question when booking a H1B appointment.
The question is "Are you applying for same visa class that expired in the last 12 months?*" and they have defined the Visa renewal criteria (which I have pasted below) in order to answer this question. Yes- means you are seeking a appointment for visa renewal and No - means your appt is NOT for visa renewal.
Can somebody advice if me and my wife would fall under the visa renewal category. The last US visa on my passport is F1. My H1b status started in May 2004 and I am now in my 4rth year of H1B. In between I changed employer and my H1 is now valid upto October 2008. But I have NOT travelled outside the country after my H1B status began in May 2004. Hence I am going to get my H1B stamped for the first time. In my wife's case also her last stamp is F1 and she went from F1 to H4 this year so she is also going to get her H4 stamped for the first time. Do we answer YES (appt for visa renewal) or NO(appt not for visa renewal). We are booking a appointment at the Mumbai consulate.
The below is the visa renewal criteria as defined on the website:
Visa renewal appointments are available to visa applicants who:
have a U.S. visa that has expired less than 12 months ago.
wish to apply for the same category visa (work, business, tourist, etc.)
are Indian nationals (hold Indian passports)
are resident in the New Delhi, Chennai, or Mumbai consular districts (this category is not available to Kolkata based applicants).
The following applicants do NOT qualify for appointments in the visa renewal category:
Applicants who have never had a US visa.
Applicants who have a U.S. visa that expired more than 12 months ago.
Applicants applying for a different category visa (e.g. had a student visa, now applying for a work visa).
Non Indian passport holders
Applicants applying at the U.S. Consulate in Kolkata.
First time H4 or L2 applicants under 18 years of age. (If you have recently married a H1b or L1 visa holder but have never had a visa interview for a visa in the H/L category, you may not schedule in the renewal category.)
Applicants applying for more than one visa at the same time (e.g. F and B1/B2).
Applicants applying for entertainment/performance visas(P3 category).
Applicants applying for unskilled worker visas (H2b category).
All visa renewal applicants should bring the following documents to the Embassy/Consulate Consular Section on the day of their appointment:
Current, valid passport
Passports containing previously issued U.S. visas
As applicable, I-797 (H and L), I-20 (F & M students), DS-2019 (J visa applicants)
calaway42
10-04 01:04 AM
I am suppose to fill in the whole layer.. hwhere is the marquee area for the whole layer?
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karanp25
07-30 01:45 PM
We are in exact same situation. Mine got approved 2 weeks back, even though i am on H1, but we are patiently for my wife's EAD approval.
To make things worse, this whole drama of EB2 current in August will screw me all the more, as she will get 1 yr EAD and then i have to go through this whole nightmare one more time next yr.
For me, it's been almost 3 months now...and they tell me the case is within processing dates published on their website. I've seen people who applied almost 1.5 months later than me get their approvals....
Same situation happened to me - My status shows as card production ordered while hers have no update.
The sad part is that I m continuing on H1 while she is working on her EAD and needs it approved soon
To make things worse, this whole drama of EB2 current in August will screw me all the more, as she will get 1 yr EAD and then i have to go through this whole nightmare one more time next yr.
For me, it's been almost 3 months now...and they tell me the case is within processing dates published on their website. I've seen people who applied almost 1.5 months later than me get their approvals....
Same situation happened to me - My status shows as card production ordered while hers have no update.
The sad part is that I m continuing on H1 while she is working on her EAD and needs it approved soon
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floridasun
01-26 05:00 PM
Charlotte, NC. decent Indian population and growing,nice weather, midway between NY and ATL
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indianabacklog
06-27 08:56 AM
If an A# has been assigned it will be in the beneficiary box of the I140 approval notice. Not everyone has been given one it would appear. If you have not leave that box on the forms blank.
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chanduv23
10-02 02:04 PM
^^^^^^^^^^
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makemygc
04-17 09:45 AM
How did you find what job code your labor was applied for?
I did check, job code is 13-1111.00. the two titles used in labor cert are principal management consultant -system analysis - this is primary
and system analysis - mentioned in related occupation
the approval job code is 13-1111.00 - the new title i am getting is system analyst.
also i just have 1 page of approval for ETA750. are there more than one pages in this application and if so I should have all the pages...
I did check, job code is 13-1111.00. the two titles used in labor cert are principal management consultant -system analysis - this is primary
and system analysis - mentioned in related occupation
the approval job code is 13-1111.00 - the new title i am getting is system analyst.
also i just have 1 page of approval for ETA750. are there more than one pages in this application and if so I should have all the pages...
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gcdreamer05
01-17 12:27 PM
great glad to know your problem was solved.
Hey man thanks for coming back and positing the solution and that useful info for others.:)
Hey man thanks for coming back and positing the solution and that useful info for others.:)
more...
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syzygy
07-11 05:58 PM
I will distribute flyers in Indian stores in Hayward/Foster city area. Will definately be there on Saturday with at least one friend (I am new in area)
Lets rock the bay !
Please help people, this is our next action item after the flower campaign.
Spend less time discussing who to send flowers to next, and more helping on the immediate task at hand!
I challenge you!
:D
Lets rock the bay !
Please help people, this is our next action item after the flower campaign.
Spend less time discussing who to send flowers to next, and more helping on the immediate task at hand!
I challenge you!
:D
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drona
09-28 07:21 PM
Southern California IV Meet-up on Saturday 6 October at 3pm in Los Angeles. We have several post-rally action items to work on. Join our yahoo group for further information.
http://groups.yahoo.com/group/SC_Immigration_Voice/
http://groups.yahoo.com/group/SC_Immigration_Voice/
more...
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punjabi
07-17 06:10 PM
I joined IV just a week ago as someone referred me this website. Oh! I am indeed impressed and feel great to be a part of it!
Sure, I am going to donate!! You feel like you own it after you make the donation! So, I urge every new and old member to donate today so IV can continue to fight for us!!
Punjabi :)
Sure, I am going to donate!! You feel like you own it after you make the donation! So, I urge every new and old member to donate today so IV can continue to fight for us!!
Punjabi :)
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mansour
03-06 08:30 PM
i voted for paddy duke :thumb:
i can understand the concept, but i still didn't like the bottom part of mlkdave's site.
btw paddy duke - it would've looked much better if you used the same pictures on (see, play, hear)
i can understand the concept, but i still didn't like the bottom part of mlkdave's site.
btw paddy duke - it would've looked much better if you used the same pictures on (see, play, hear)
more...
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coolmanasip
07-19 10:35 AM
tnite.... thanks for the detailed reply........I forwarded this exchange to him........should make him happy and relaxed!!!
Thanks much!
Thanks much!
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waitingmygc
09-08 04:26 PM
I am convinced with Prashanthi.
Now these days, its relevantly easier for company to file GC for senior position which requires a higher minimum qualification (let�s say Masters) to avoid a lot of resume and/or audit. If a GC seeker has enough number of experience (10/11 +) and a higher degree then its comparatively easier than non-senior.
For a non-senior positions, prepare a good job adv with combination of skill set. If received a resumes without the combination then your company HR can reject the resume. No problem, as long as everything has been done properly, so that in case of an audit a proper response can be given.
Now these days, its relevantly easier for company to file GC for senior position which requires a higher minimum qualification (let�s say Masters) to avoid a lot of resume and/or audit. If a GC seeker has enough number of experience (10/11 +) and a higher degree then its comparatively easier than non-senior.
For a non-senior positions, prepare a good job adv with combination of skill set. If received a resumes without the combination then your company HR can reject the resume. No problem, as long as everything has been done properly, so that in case of an audit a proper response can be given.
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GCBy3000
09-25 02:33 PM
If this is derivative, then how come H1 obtained should be counted towards H4. H1 is standalone and should not be counted.
Again, my wife is on H4 for 6 years and I did not get into 485 stage. Now she wants to go to India and come back after a one year break. If she comes back after a year on new H1, it would be fine for her. If she come back on H4, can she get a H1 after one year?
Any idea, whether this is possible?
I'm not a lawyer, but my assumption would be that this is cannot be changed by an USCIS memo. Why? Because H4 is simply a derivative status which means that it obeys all the rules pertinent to the primary beneficiary's status plus additional restrictions imposed to the particular classification by law. H status is restricted to 6 year continuous presence in the US.
It would be helpful to find the definition of a derivative status; INA does not provide such definition, but I'm sure they wouldn't be using these words loosely without a proper definition.
So my guess would be is that the answer to the question of "decoupling" H4 and H1b time will boil down to the answer to another question: what really defines a derivative status.
Again, my wife is on H4 for 6 years and I did not get into 485 stage. Now she wants to go to India and come back after a one year break. If she comes back after a year on new H1, it would be fine for her. If she come back on H4, can she get a H1 after one year?
Any idea, whether this is possible?
I'm not a lawyer, but my assumption would be that this is cannot be changed by an USCIS memo. Why? Because H4 is simply a derivative status which means that it obeys all the rules pertinent to the primary beneficiary's status plus additional restrictions imposed to the particular classification by law. H status is restricted to 6 year continuous presence in the US.
It would be helpful to find the definition of a derivative status; INA does not provide such definition, but I'm sure they wouldn't be using these words loosely without a proper definition.
So my guess would be is that the answer to the question of "decoupling" H4 and H1b time will boil down to the answer to another question: what really defines a derivative status.
MerciesOfInjustices
03-25 09:09 AM
TOI is the champion of these kind of nonsense, after S.1932 was passed by the senate they published an article saying 'Good news, A bill for Green card increase, H1B increase ..... have been passed by U.S. lawmakers' with no mention of house hurdle etc. I fail to digest that the reporter who is writing the article doesn't know, after the bills get passed in the Senate they go to Congress. But it's TOI they can do that.
Write to TOI, the article is from a news agency but they should be talking about legal immigration issues more.
Write to TOI, the article is from a news agency but they should be talking about legal immigration issues more.
sk.aggarwal
06-17 08:45 AM
I would suggest if you could get the perm process started ASAP. Now a days it is getting approved quite fast, you may be good. You may also want to ask your manager if you could work remotely from outside US for couple of months. As per my understanding, if say you are short of 4 months between your PD and H1 expiry date you can do one of the following
1. Shift to some other status like H4
2. Move out of country for 4 months. Your employer will need to get H1 extension and you new stamping.
But as soon as labor gets approved, you will need to file for I140 and your will be good for 3 more year.
This is just from my understanding. I am in similar boat. Going out of US for 6 weeks starting from July.
1. Shift to some other status like H4
2. Move out of country for 4 months. Your employer will need to get H1 extension and you new stamping.
But as soon as labor gets approved, you will need to file for I140 and your will be good for 3 more year.
This is just from my understanding. I am in similar boat. Going out of US for 6 weeks starting from July.
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