wandmaker
04-30 02:37 PM
I have a couple of questions regarding H1B.
My current H1B(10th year) is expiring in a month and I am planning to use EAD. My 140 is approved and 485 is pending for over 2 years with company A. At the same time my second 140 is pending with company B.
The question is, in case if I used my EAD to work and for some reason if my 485 is denied, can I get back to my H1B? I was under the impression that I will have to leave the country and wait for 1 year to reset the clock but I was told by someone that its not necessary to wait for an year and I can file a H1B based on my pending I-140 with company B and will have to do it while outside of the country. ( This process does not require a new quota).
Is this true? any ideas?
Given the situation for 485 denial. AFAIK, You have an option of filing for H1B (not counted against quota) based on your B's labor approval and pending 140. Once you use the EAD, technically you don't have the H1B status to transfer or extend. Hence, it will require you to go to consulate (b/c approval will come without I94) to stamp, and start working for Company B after you return.
My current H1B(10th year) is expiring in a month and I am planning to use EAD. My 140 is approved and 485 is pending for over 2 years with company A. At the same time my second 140 is pending with company B.
The question is, in case if I used my EAD to work and for some reason if my 485 is denied, can I get back to my H1B? I was under the impression that I will have to leave the country and wait for 1 year to reset the clock but I was told by someone that its not necessary to wait for an year and I can file a H1B based on my pending I-140 with company B and will have to do it while outside of the country. ( This process does not require a new quota).
Is this true? any ideas?
Given the situation for 485 denial. AFAIK, You have an option of filing for H1B (not counted against quota) based on your B's labor approval and pending 140. Once you use the EAD, technically you don't have the H1B status to transfer or extend. Hence, it will require you to go to consulate (b/c approval will come without I94) to stamp, and start working for Company B after you return.
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fiestagirl
05-28 06:00 AM
I have searched the internet on this and had no luck.. i'm 20 weeks pregnant and Canadian married to a USC. I went for my medical today and had all of my backup for vaccinations / immunity but the immigration doctor wants me to get a tetanus shot. All information on the web says this is "safe" during pregnancy, however I am completely opposed to having a vaccination while pregnant or breast-feeding due to potential issues vaccinations can cause (eg: autism in children). While this is not readily "accepted" by the medical community, it is how I feel. Some very high profile people have talked about vaccinations and the dangers they can cause but the medical community seems to reject their logic (not enough studies.. who knows).
I don't feel that I should be subjected to this when I'm so opposed to it - I know I can apply for a "moral objection" but I can't find any information as to whether USCIS actually acknowledges these objections.
Has anyone out there been in a similar situation or know of how I can get an exemption from this during my pregnancy / breast-feeding stage?
Thanks everyone!
I don't feel that I should be subjected to this when I'm so opposed to it - I know I can apply for a "moral objection" but I can't find any information as to whether USCIS actually acknowledges these objections.
Has anyone out there been in a similar situation or know of how I can get an exemption from this during my pregnancy / breast-feeding stage?
Thanks everyone!
GCHope2011
02-27 04:20 PM
I am on F1 visa. I enrolled in one of the university. I don't attend university in person. I do attend classes online from another state. My question is that I am resident of which state ?? Will I be automatically resident of state where exactly my university is ? I know it is mandatory to attend classes in person on F1. Can you please advise ? How is residency considered ?
Thank you very much.
If you are on F1, you need to be attending courses in-person - so e-learning/ distance learning is a voilation per-se of F1.
Now, if you were attending the courses in-person, you can be residing anywhere (particularly in cities close to state borders), and your residency will be the address where you are staying, not the university you are enrolled in. There is nothing in the rules to be a resident of the same state as your Univ is.
Thank you very much.
If you are on F1, you need to be attending courses in-person - so e-learning/ distance learning is a voilation per-se of F1.
Now, if you were attending the courses in-person, you can be residing anywhere (particularly in cities close to state borders), and your residency will be the address where you are staying, not the university you are enrolled in. There is nothing in the rules to be a resident of the same state as your Univ is.
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ivvm
08-27 08:17 PM
Give it 1-2 weeks at least! Relax...There is still a long way to go ;)
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eagerr2i
09-04 04:15 PM
If you travel abroad when the change is status is pending, the change of status is deemed withdrawn. Pls contact your immigration lawyer, so that he can work with USCIC to get the new I-94 details on the petition.
If the petition was approved before the travel happened, then all that you need to do is to start working and get a visa stamp of H1 when you go out of the country.
If the petition was approved before the travel happened, then all that you need to do is to start working and get a visa stamp of H1 when you go out of the country.
supers789
09-21 05:07 PM
Thanks for the reply. But I have not yet received the approval. I have just received the receipt of H1B transfer application, and I am worried if they would not approve H1B transfer application since middle name has a typo. Please reply.
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singhsa3
07-15 10:07 AM
I live in NJ but can try to make to it. But hold on this for couple of day , lots of things are brewing and it may be calm befor the storm.
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senthil1
05-01 09:32 AM
Many people might have lost job because of last year rally. Here I heard one of company in Chicago area fired all the illegal immigrants in last year immeditely after rally. So this kind of things may not be necessarily positive.
If Illiegals can protest and can have large rallies across the nation then whats the problem with the legals? Why can't we put our point forward through these kind of peaceful but strong measures.:confused:
If Illiegals can protest and can have large rallies across the nation then whats the problem with the legals? Why can't we put our point forward through these kind of peaceful but strong measures.:confused:
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waitin_toolong
02-08 12:46 PM
H4 time has been decoupled from H1 time but L1 time still counts against you so it will be 72 months -40 months
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gc28262
03-09 08:47 PM
bump
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dixie
12-18 10:43 AM
Neither can I. By the way, it is notable that the Princeton event came bang in the middle of our big push in Washington during the fag end of the LD session. Wonder if any of the core members could make it to the event given how critical that particular week end was to us.
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matreen
04-26 12:18 AM
Team,
Friend of mine had a interview today about 20 min, seems like everything looks good.
The current case for my friend falls under EB3 (2001). But the tricky thing is he filed another case in 2005 in Lulac but he revoked the case.
After interview officer said she needs calrify the Lulac case and background check.
I am wondering if anybody is in similar situation if so your advice will be very valuable.
Thanks,
M
Friend of mine had a interview today about 20 min, seems like everything looks good.
The current case for my friend falls under EB3 (2001). But the tricky thing is he filed another case in 2005 in Lulac but he revoked the case.
After interview officer said she needs calrify the Lulac case and background check.
I am wondering if anybody is in similar situation if so your advice will be very valuable.
Thanks,
M
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~Kipper~
04-17 06:11 PM
and what stamp costs $0.00?
whos to say it has to cost something - its the kirupa way
+ i prefer nice n simple. its less complcated :)
each to their own i guess but thanks for your input
whos to say it has to cost something - its the kirupa way
+ i prefer nice n simple. its less complcated :)
each to their own i guess but thanks for your input
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mohitb272
09-24 06:58 PM
Peeps -
My self-filed I-485 application (July 2nd) was sent without:
- Medical Exam results
- Employment Verification Letter
I have recently rec'd the receipt number for my case. Should i sent the missing documentation to USCIS linked to the receipt numbers - or should i wait for the RFE? Anyone with experience with this please advise.
Secondly, if you recommend that i send it now, how can i make sure that the documents will get added to my file? Is there a special procedure for this?
Thank you
Samir
I believe its a good idea to wait for the RFE since that would be the right way to go about this.
My self-filed I-485 application (July 2nd) was sent without:
- Medical Exam results
- Employment Verification Letter
I have recently rec'd the receipt number for my case. Should i sent the missing documentation to USCIS linked to the receipt numbers - or should i wait for the RFE? Anyone with experience with this please advise.
Secondly, if you recommend that i send it now, how can i make sure that the documents will get added to my file? Is there a special procedure for this?
Thank you
Samir
I believe its a good idea to wait for the RFE since that would be the right way to go about this.
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vikrant29nov
03-05 06:32 AM
Thx :)
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sriswam
12-05 03:51 PM
I havn't gotten mine yet. Filed on Sept 11th at VSC. Check seems to have cleared though -according to the Attorney. However I guess the delay in my case is the exception rather than the rule.
Funny thing is that we got the approval notice today! No receipt notice though.
Funny thing is that we got the approval notice today! No receipt notice though.
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venkatpuli
07-19 11:02 PM
Please reply
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pinak32
01-18 11:02 PM
I forgot to post my update - I actually did get my appointment with Xvars.com (http://www.xvars.com) . They got me the appointment about 2 days after I signed up, and I got my stamping done in Toronto on Dec 16th. I also chose Montreal as backup but got my original choice. Good luck to people stamping visas in canada. it is much easier and faster than going back to the home country.
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learning01
05-08 01:51 PM
And extensions and extensions. No worry. That's it. I am suggesting that the easy way suggested is not the way.
zCool
04-23 12:21 PM
You will qualify.
Issue is getting to Canada and staying there long enough with the high taxes they have average canadian tax burden is 40% (30% tax + 10% additional sales tax on everything you buy) !
I know how meaningless this "Backup" is after paying almost 50K$ over past few yrs.!
Beware!
Issue is getting to Canada and staying there long enough with the high taxes they have average canadian tax burden is 40% (30% tax + 10% additional sales tax on everything you buy) !
I know how meaningless this "Backup" is after paying almost 50K$ over past few yrs.!
Beware!
jonty_11
06-15 04:00 PM
yes lets continue the support and laud all the good work IV has done thus far.
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