alien2006
07-11 07:54 AM
Well i just sent a message to my lawyer and this is the reply i received.
"If her current H-1B has been counted against the cap before, she should be able to return to H-1B status without having to wait for the cap to reopen."
Pls comment:)
Yes your lawyer is correct. You count towards the cap only once.
On the other hand, you mentioned that she is a teacher. If she works for non profit, govt, entities her H1 is also not counted towards the cap. So if she was working for a school earlier on a H1, then if she now wants to move to the industry on a new job, the new H1 will count towards the cap.
"If her current H-1B has been counted against the cap before, she should be able to return to H-1B status without having to wait for the cap to reopen."
Pls comment:)
Yes your lawyer is correct. You count towards the cap only once.
On the other hand, you mentioned that she is a teacher. If she works for non profit, govt, entities her H1 is also not counted towards the cap. So if she was working for a school earlier on a H1, then if she now wants to move to the industry on a new job, the new H1 will count towards the cap.
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GEEVER
January 31st, 2008, 02:36 PM
well thanks i'm thinking now that it's a good idea that buying an old one thing...i think i'll do it
TheCanadian
01-02 08:24 PM
Are you saying we can submit past works?
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statuslaw
01-24 04:56 PM
Yellow Admin Review is usually TAL (Technology Alert List) check. This kind of makes sense with your Chemical background. This is usually faster check compared to other types (like name-check). This used to take 21 days, you are around the same timeframe.
casinoroyale, Thanks!
But I was told name check first and then security check when I called DOS the second time. Do the both are the same?
casinoroyale, Thanks!
But I was told name check first and then security check when I called DOS the second time. Do the both are the same?
more...
Stan09
07-16 08:56 PM
It's complicated. An employer cannot ask you to repay any of the Training Fee ($1500 or $750 if under 25 employees). You cannot pay any of the rest of the costs if paying those costs brings your salary below the "prevailing wage" or "actual wage" for the position.
As regards whether a reimbursement agreement is enforceable - it depends on state law.
By "Training" did you mean "Filing"?
Otherwise it does not make any sense.
As regards whether a reimbursement agreement is enforceable - it depends on state law.
By "Training" did you mean "Filing"?
Otherwise it does not make any sense.
desi3933
01-23 01:15 PM
I just checked my transfered h1b petition. It says reciepient date as aug, 23rd and work permit starting august 28. My previous company (A) fired me on 23rd. So, this is my case. I also would like to remind you that after shifting to Company B I got my H1b visa stamped. This is the second time I am going for stamping for visa renewal.
Given that my h1 transfer recipient date is aug 23rd (same day I got laid off),am I still safe?
Please also let me know if I could use adv. parole if some worst happens and get my h1 renewal visa gets rejected. Please respond me as soon as possible. Thanks.
You should be fine. From these details, it seems you were not out of status.
Even if you were out of status for 7 days, this can not ground for visa denial. If visa is not issued (or rejected), AP can be used for re-entry.
Good Luck.
____________________
Not a legal advice.
US Citizen of Indian Origin
Given that my h1 transfer recipient date is aug 23rd (same day I got laid off),am I still safe?
Please also let me know if I could use adv. parole if some worst happens and get my h1 renewal visa gets rejected. Please respond me as soon as possible. Thanks.
You should be fine. From these details, it seems you were not out of status.
Even if you were out of status for 7 days, this can not ground for visa denial. If visa is not issued (or rejected), AP can be used for re-entry.
Good Luck.
____________________
Not a legal advice.
US Citizen of Indian Origin
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GCWhru
08-04 05:04 PM
anoopraj2010,
We are also on the same boat. My GC (primary ) approved on Aug 2008 and my wife's 485 still pending, we have returned back from India last week and no questions asked about her AP.
We are also on the same boat. My GC (primary ) approved on Aug 2008 and my wife's 485 still pending, we have returned back from India last week and no questions asked about her AP.
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abhi_jais
01-27 08:58 AM
Guys,
Don't loose hope, we have got nothing to loose but in case we win, we will help the entire community to achieve their dreams. I guess we should do our part and leave the rest on the senators. Lets get together again and convince our senators to pass this bill, hopefully we can get it done this time.
--Abhi
Don't loose hope, we have got nothing to loose but in case we win, we will help the entire community to achieve their dreams. I guess we should do our part and leave the rest on the senators. Lets get together again and convince our senators to pass this bill, hopefully we can get it done this time.
--Abhi
more...
texcan
08-04 09:29 PM
I've applied for EAD/AP renewal for both myself and my wife. I spent $1,290 for this.
Say I got my GC approved and then I call USCIS and withdraw my pending EAD/AP application. Will I get a refund for pending EAD/AP application, if I get my GC approved before EAD/AP approval?
Thanks,
India EB2; PD - Nov 05
I-140 - Filed Mar '06; Approved Jun '06
I-485 - Reached NSC July 26'07;
My friend,
Donot get angry, its not personal to you...but for the action.
Please live your life and try not to find excuses to be unhappy.
Think about this, you have been waiting for GC ( assumption) for last 3-4 years, you must have had your times of frustration, everyone does...but now when your GC is thru or about to be thru; you have found a way to stay anxious, unhappy.
Sorry to say these words to you, please donot mind and not take it personally.
Be happy at least and spread some joy in community.
See the link below, this is inspiration and actions i expect from community (IV) /friends/group. Please see
http://www.youtube.com/results?search_query=Sara+Reinertsen+Ironman&search_type=&aq=f
Please donate some time, money to IV...if not some cheer at least.
Say I got my GC approved and then I call USCIS and withdraw my pending EAD/AP application. Will I get a refund for pending EAD/AP application, if I get my GC approved before EAD/AP approval?
Thanks,
India EB2; PD - Nov 05
I-140 - Filed Mar '06; Approved Jun '06
I-485 - Reached NSC July 26'07;
My friend,
Donot get angry, its not personal to you...but for the action.
Please live your life and try not to find excuses to be unhappy.
Think about this, you have been waiting for GC ( assumption) for last 3-4 years, you must have had your times of frustration, everyone does...but now when your GC is thru or about to be thru; you have found a way to stay anxious, unhappy.
Sorry to say these words to you, please donot mind and not take it personally.
Be happy at least and spread some joy in community.
See the link below, this is inspiration and actions i expect from community (IV) /friends/group. Please see
http://www.youtube.com/results?search_query=Sara+Reinertsen+Ironman&search_type=&aq=f
Please donate some time, money to IV...if not some cheer at least.
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rkumar18
11-21 11:23 AM
Cubans are politically active and highly vocal in advocacy of their cause. Are you?
No they are NOT if you are talking about immigration!They are highly passionate and vocal in support for their own country and its leader (well are we???). Only reason they are enjoying immigration benfits is due to the US policy towards Cuba and its regime.
Well I do agree with you that we should avoid highlighting such issues and channelize our time and efforts towards the betterment of our own cause.
No they are NOT if you are talking about immigration!They are highly passionate and vocal in support for their own country and its leader (well are we???). Only reason they are enjoying immigration benfits is due to the US policy towards Cuba and its regime.
Well I do agree with you that we should avoid highlighting such issues and channelize our time and efforts towards the betterment of our own cause.
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jamesbond007
11-19 03:32 PM
Does this mean that, if we do not want to be overstepped in the Q, everyone has to have an attorney with AILA membership?? :eek:
Everyone send chocolates/gifts to your attorney for Thanksgiving/Christmas and be on their good side.
Everyone send chocolates/gifts to your attorney for Thanksgiving/Christmas and be on their good side.
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tinamatthew
07-21 01:37 PM
bumping it....I need some links guys
I agree - some links guys. An EAD and AP last only for 1 year. After that I expect we would have to pay for a renewal
I agree - some links guys. An EAD and AP last only for 1 year. After that I expect we would have to pay for a renewal
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wandmaker
12-09 12:53 PM
We all know what IV did for us during July bulletin fiasco. If not IV, we all will still be watching visa bulletins. At this juncture, we are talking about EAD and AP renewals. Contribute, and raise the bar.
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Refugee_New
03-24 02:30 PM
Now everything is queued..... no more cutting lines.
Thanks for the news vinabath. You know what?
Indian cricket team won the world cup last night. They beat West Indies.
Congratulate Kapil, Srikanth, Ravi shastri, Gavaskar, Mohindar Amarnath and other team members.
Thanks for the news vinabath. You know what?
Indian cricket team won the world cup last night. They beat West Indies.
Congratulate Kapil, Srikanth, Ravi shastri, Gavaskar, Mohindar Amarnath and other team members.
more...
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duncanidaho
02-17 10:51 PM
Stuk,
You'll be stuck forever if your 140 gets denied after you use AC21. If the 140 gets denied, your 485 will be denied automatically and your EAD becomes invalid. At this point, you have the option of filing a motion to reopen the 140 case and/or applying for an H1(that is not subject to quota), provided you have not spent more than 180 days in the US after your 140/485 are denied.
In all likelihood your H1 will be approved, but you need to go to your home country to get the visa stamped and reenter to start work. When you go for stamping to your home country there a a good chance that your stamping might be denied because you have shown 'intent to immigrate' by applying for 140/485 earlier. Granted, H1B in and of itself is a dual intent visa but you will be at the mercy of the visa officer at the consulate and the odds are stacked up against you.
So, be very very careful if you exercise AC21 prior to your 140 approval.
The best alternative is to ask your new employer to file for premium H1b transfer.
You'll be stuck forever if your 140 gets denied after you use AC21. If the 140 gets denied, your 485 will be denied automatically and your EAD becomes invalid. At this point, you have the option of filing a motion to reopen the 140 case and/or applying for an H1(that is not subject to quota), provided you have not spent more than 180 days in the US after your 140/485 are denied.
In all likelihood your H1 will be approved, but you need to go to your home country to get the visa stamped and reenter to start work. When you go for stamping to your home country there a a good chance that your stamping might be denied because you have shown 'intent to immigrate' by applying for 140/485 earlier. Granted, H1B in and of itself is a dual intent visa but you will be at the mercy of the visa officer at the consulate and the odds are stacked up against you.
So, be very very careful if you exercise AC21 prior to your 140 approval.
The best alternative is to ask your new employer to file for premium H1b transfer.
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dollar500
11-19 06:14 PM
That has happened to me too. It's ok. I looked at the reciept notice and the date is the original reciept date not the one mentioned in update. Don't worry. If you are really concerned call your lawyer.
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Case received and pending.
On October 14, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our TEXAS SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
I have a question. Mine was filed on Aug 15th but, the online status says that it was received on 10/14. Is this common or is this in error? Should I call CS?
Thanks in advance.
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Case received and pending.
On October 14, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our TEXAS SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
I have a question. Mine was filed on Aug 15th but, the online status says that it was received on 10/14. Is this common or is this in error? Should I call CS?
Thanks in advance.
more...
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thamizhan
07-18 10:39 AM
Check this out....
http://timesofindia.indiatimes.com/Gandhigiri_works_US_to_give_more_Green_Cards/articleshow/2215001.cms
http://timesofindia.indiatimes.com/Gandhigiri_works_US_to_give_more_Green_Cards/articleshow/2215001.cms
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lostinbeta
10-28 10:27 PM
HAHA, yeah, because they don't see your previous versions (unless you save your previous versions and keep them as examples)
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Edison99
09-15 12:30 PM
Enjoy the freedom!
Any ideas? (My wife and son are in india now).
Anyway, I will support IV wholeheartedly going forward. Of course, I got benefitted from it. I am a long timer, 2001, EB3.
Any ideas? (My wife and son are in india now).
Anyway, I will support IV wholeheartedly going forward. Of course, I got benefitted from it. I am a long timer, 2001, EB3.
newbee7
07-04 06:33 PM
Thanks for sharing your story! All the best..
smuggymba
10-08 04:54 PM
You have to actually work for company A- be on their staff, be on their payroll, be there full time employee. W2 is only issued if u work with them and draw salary.
Yeah question is what defines employment with them?
Yeah question is what defines employment with them?
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