frostrated
09-09 03:52 PM
My case was approved on Aug 19, 2010. I received my card on Aug 26, 2010.
Unfortunately, The EAD card had a wrong start date. I have sent my cards back for correction on Sept 2, 2010.
(I do have approval e-mail of my cards and the case.)
So, Question is, Can I work while my cards come back with the correct date. I don't have receipt of the replacement cards in my hand yet.
Please let me know.
Thanks,
Samir
you need to be in possession of the card to work. the fact that you sent the card back does not make you eligible to work, as the card had dates that were wrong. what were the wrong dates? you can work only for the dates that the card was approved for, provided you have the card in your possession.
Unfortunately, The EAD card had a wrong start date. I have sent my cards back for correction on Sept 2, 2010.
(I do have approval e-mail of my cards and the case.)
So, Question is, Can I work while my cards come back with the correct date. I don't have receipt of the replacement cards in my hand yet.
Please let me know.
Thanks,
Samir
you need to be in possession of the card to work. the fact that you sent the card back does not make you eligible to work, as the card had dates that were wrong. what were the wrong dates? you can work only for the dates that the card was approved for, provided you have the card in your possession.
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jai_verma
10-15 04:53 PM
Yes, I understand that I ll loose my H1b status.
To register company: just go to http://www.corporate.com/
So, I would be OK and not to worry about I-9.
Thanks,
-Jai
To register company: just go to http://www.corporate.com/
So, I would be OK and not to worry about I-9.
Thanks,
-Jai
prathap
04-08 09:03 PM
My current H1 B expires on July 31 2011. With this I will be exhausting my renewals quota as my sponsoring company Wipro has not initiated GC process. Also when my last renewal was done, a mistake was done by Wipro Visa office. My first entry to US was in Aug 2004. After that I had gone out of US in Aug 2005 for 1 month vacation and returned in Sept 2005. Each time when we file for extensions, we give all the entry and exit dates. The Wipro visa office had incorrectly entered my first entry into US as Sept 2005 even though it should have been Aug 2004. Based on this they renewed my petition till July 31 2011. If we calculate now, it turns out to be the seventh year on H1. When I tried to change my employer this year, they looked at these details and informed that if I start GC process now, they will definitely calculate my dates and find out that I am in the 7th year of H1 without GC initiation. So they told it will cause issues and it would be better for me to leave the country after July 31 2011, wait for 1 year, sponsor a new H1 and then come back.
Is there any alternative I have here? Thanks for offering help.
Is there any alternative I have here? Thanks for offering help.
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furiouspride
08-12 08:57 AM
Why would anyone pay $2 for this? :D
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arnet
08-22 07:11 PM
not sure about I-140, i think it should be ok to mention your spouse name but check with your immigration lawyer about this.
NOTE: as far as i know, if your wife is in H4 visa, you can file her AOS (I-485) as your spouse. But if she is in F1 visa, you CANNOT file her I-485 as your dependent along with your I-485 since she is in F1 student visa. but check with your immigration lawyer about this..
Disclaimer: I'm not an attroney so Consult an immigration lawyer about your situation.
I am on H1-B, and about to apply for I140.
My wife has recently got a F1 visa (and her H4 visa has been left valid).
I am applying for I140. Is it ok to mention her name on my I140 as my spouse?
Thanks in advance,
Ace
NOTE: as far as i know, if your wife is in H4 visa, you can file her AOS (I-485) as your spouse. But if she is in F1 visa, you CANNOT file her I-485 as your dependent along with your I-485 since she is in F1 student visa. but check with your immigration lawyer about this..
Disclaimer: I'm not an attroney so Consult an immigration lawyer about your situation.
I am on H1-B, and about to apply for I140.
My wife has recently got a F1 visa (and her H4 visa has been left valid).
I am applying for I140. Is it ok to mention her name on my I140 as my spouse?
Thanks in advance,
Ace
Lisap
08-25 12:03 PM
Thank you- I am still trying to figure out what all the terms are.... I appreciate your response!
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gc_bulgaria
10-02 11:29 AM
:(
Infact most questions answered in the call are not in the post. Did I miss something?
Infact most questions answered in the call are not in the post. Did I miss something?
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wandmaker
04-26 04:23 PM
Not a lawyer- but my guess is that the date of validity on your H1b (First H1) is the day you can start counting your 6 years. This is regardless of when you started working for your employer.
Example: Employer sponsored H1 for Mr.X on April 2nd 2005. H1 approved with validiity starting 1st oct 2005. Mr. X flew to the USA in december 2005. Started working 15th jan 2006. The 6 years are counted from 1st Oct 05.
Now one can recapture all the months that the employee was on vacation. But I am not sure if this is still an option.
The six year count starts from the day you entered the US first. If you take the above example, six year count starts from December 2005. Additionally, if there is gap from the time you entered and started working that period is considered out of status, that's all together different issue.
Example: Employer sponsored H1 for Mr.X on April 2nd 2005. H1 approved with validiity starting 1st oct 2005. Mr. X flew to the USA in december 2005. Started working 15th jan 2006. The 6 years are counted from 1st Oct 05.
Now one can recapture all the months that the employee was on vacation. But I am not sure if this is still an option.
The six year count starts from the day you entered the US first. If you take the above example, six year count starts from December 2005. Additionally, if there is gap from the time you entered and started working that period is considered out of status, that's all together different issue.
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hibworker
12-17 02:18 PM
You do not need new visas. At port of entry show the new approval notice to get I-94 for the duration of the new approval notice.
My husband is in H1B visa and he transfered his visa to another company. Got the I-797 approvals too. Along with that mine and my kids H4 also got approved.
Now I am urgently required to travel to India, and want to return from India without going for stamping. Here are other details.
1) Even my previous H4 visa is not expired while I return from India.
2) I have the new H4 approval notices and copy of husbands new H1s I797 with me.
Will it be an issue if I reenter without stamping. Our plan is to go for Visa stamping to any nearby consulate in US border after I come back. Please advise.
My husband is in H1B visa and he transfered his visa to another company. Got the I-797 approvals too. Along with that mine and my kids H4 also got approved.
Now I am urgently required to travel to India, and want to return from India without going for stamping. Here are other details.
1) Even my previous H4 visa is not expired while I return from India.
2) I have the new H4 approval notices and copy of husbands new H1s I797 with me.
Will it be an issue if I reenter without stamping. Our plan is to go for Visa stamping to any nearby consulate in US border after I come back. Please advise.
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guy03062
04-14 01:23 PM
Well, everyone should be proud of IV's great volunteers too who have always proved their consistent success from time to time - though big sucess yet to come! As these volunteers are just like one of us who are working full-time in their job and contribute to IV as and when they can - but I always felt that IV is managed by bunch of full-time professionals with so efficient and accurate manner! Their leading efforts to solve legal immigrant's problems are really commendable!! We are equally graced with great IV members who contributed $$ generously every time (and hope they will keep continue) and helped other way too (e.g. live update of senate sessions, news links, new immigration bills, etc...).
Thanks to everyone. Really proud of being IV member. United we stand!
Thanks to everyone. Really proud of being IV member. United we stand!
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martinvisalaw
09-27 06:32 PM
So what if DOL doesn't respond before the H1 expires..Can the Employer file for H1 Extension without an approved LCA ??
Not recommended - CIS will reject a H-1B without a certified LCA.
[/quote] And if the LCA is denied because the DOL doesn't recognize the FEIN what options have we got..Can the employer reapply for LCA or just submit the Info and wait for info from DOL ??[/QUOTE]
The employer needs to submit proof of the EIN to DOL, wait for DOL to confirm, then file a new LCA. DOL will tell the employer what EIN evidence it needs to present.
Not recommended - CIS will reject a H-1B without a certified LCA.
[/quote] And if the LCA is denied because the DOL doesn't recognize the FEIN what options have we got..Can the employer reapply for LCA or just submit the Info and wait for info from DOL ??[/QUOTE]
The employer needs to submit proof of the EIN to DOL, wait for DOL to confirm, then file a new LCA. DOL will tell the employer what EIN evidence it needs to present.
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bkarnik
09-24 08:36 PM
OK...I just got an email from my Attorney. It is indeed what she thought. She received our receipts today from the CSC. The receipts have a receipt date of July 23rd and a notice date of September 19th. As to why the CSC sent out the other notice transferring the case back to NSC to me only and not the Attorney...that is a mystery. She plans to speak to our State Senator and hopefully get some answers.
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nishant2200
11-02 07:47 PM
dont worry. it was same thing for me, it did not lead to any problems.
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goel_ar
07-26 07:36 AM
But it won't have to go through lottery?
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immique
07-20 09:10 PM
it is my understanding that she just needs your H1 approval notice, employment letter, your pay stubs etc. I don't think she even needs her H4 approval notice for her H4 stamping. I am very sure that only your H1 related documents are needed(she needs your original H1 approval)-please check with your lawyer
Me and my wife filed H1B extension through a company. I moved to consulting after my extension is approved. The consulting company filed my H1B transfer which is approved recently. Unfortunately my employer (the consulting company I moved to) dint file for my wife's H4 extension and he told that was not needed.
My question is can my wife with the petition approved from my previous employer to get her H4 stamped in India?
Me and my wife filed H1B extension through a company. I moved to consulting after my extension is approved. The consulting company filed my H1B transfer which is approved recently. Unfortunately my employer (the consulting company I moved to) dint file for my wife's H4 extension and he told that was not needed.
My question is can my wife with the petition approved from my previous employer to get her H4 stamped in India?
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thota
10-28 08:51 PM
I also received the same message for my i485 application. Still have not recvd it. Anu updates from your end ?
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manishcp
05-08 07:39 AM
I used last time and I show offcer only one and he return it to me.
LAst year I got 4 AP documents. This year I got only 2 PA docs.
LAst year I got 4 AP documents. This year I got only 2 PA docs.
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rajenk
11-10 02:45 PM
Since AC21 does not go in any official USCIS form, it is better to attach with G-28. My attorney did that and USCIS had acknowledged their receipt of the G-28 and supporting documents. The Ack was a letter to me and the attorney when my (new) attorney opened a service request inquiring the attorney of record after 4 weeks of filing G-28 and AC21 documents.
Good luck.
Good luck.
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nixstor
12-07 01:09 PM
Be prepared to answer the following question's:
What is the bill number (H.R 5744) - am I correct or is there another Bill?
What is the subject line (Immigration relief for employment based immigration)
Your Address.
PS I Just called the PA congressman's office from the list that Pappu provided.
HR5384 as per this link
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=senate_calendar&docid=sc001.pdf
What is the bill number (H.R 5744) - am I correct or is there another Bill?
What is the subject line (Immigration relief for employment based immigration)
Your Address.
PS I Just called the PA congressman's office from the list that Pappu provided.
HR5384 as per this link
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=senate_calendar&docid=sc001.pdf
chapper
07-18 08:38 AM
I agree with Clockwork - PD is your labor filing date and not approval date. Good Luck.
gevgelija50
11-28 07:59 PM
As I understand the process, if your date is current, the USCIS will accept your application - meaning they ARE processing applications with a priority date matching or exceeding yours.
During the July 2007 fiasco, the cut-off dates were current, allowing everyone to apply. If we submitted our application and the date is current at the time, why do we have to wait until our date becomes current again? Shouldn't they process the application within 6 months or less?
During the July 2007 fiasco, the cut-off dates were current, allowing everyone to apply. If we submitted our application and the date is current at the time, why do we have to wait until our date becomes current again? Shouldn't they process the application within 6 months or less?
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