tpr
02-17 05:21 PM
Hi,
I graduated on May 2008 with an MBA degree. My OPT started in Jul 2008 and is valid till Jul 2009. I am not eligible for 29month extension.
I was on an internship till Jan 30th 2009 and am looking for fulltime positions now.
I understand that I will have to file for H1 on April1st and I can stay in the US and work legally if my H1B is still in process under the cap-gap rule passed last year.
How long can I legally stay in the US on OPT without a job?
Can anyone please throw light?
Thanks,
TPR
I graduated on May 2008 with an MBA degree. My OPT started in Jul 2008 and is valid till Jul 2009. I am not eligible for 29month extension.
I was on an internship till Jan 30th 2009 and am looking for fulltime positions now.
I understand that I will have to file for H1 on April1st and I can stay in the US and work legally if my H1B is still in process under the cap-gap rule passed last year.
How long can I legally stay in the US on OPT without a job?
Can anyone please throw light?
Thanks,
TPR
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transpass
09-28 12:55 PM
what info do you need to take to the office? gurus, can someone explain?
pakkus
03-04 09:18 PM
I came to the US on F1 for MS and then trasferred to another college to pursue my PhD. During this time my F1 visa expired, but I am maintaining my legal status as my I-20 is valid. I got married last year and my wife who originally came on F1, is now on H1.
I am going to planning to go to India in end of April and need to renew my F1 visa. What are the chances of my renewal getting refused, due to my wife's H1 (dual intention) status? What documents if any, can I show in order to prove that I have intentions to come back to the US?
I need to get a visa interview date soon, so please reply as soon as is convenient.
Thanks in advance!
I am going to planning to go to India in end of April and need to renew my F1 visa. What are the chances of my renewal getting refused, due to my wife's H1 (dual intention) status? What documents if any, can I show in order to prove that I have intentions to come back to the US?
I need to get a visa interview date soon, so please reply as soon as is convenient.
Thanks in advance!
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anurakt
01-05 08:21 PM
My personal suggestion : It's your personel descision, I think nobody on this forum can tell you anything in this matter. You are not in a soup like us. It's just you want to get all things in life at the same time without sacrificing anything ..... This may not work sir, to get you need to give. :)
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REQUIRE_GC
01-23 04:55 PM
I am on H1 and my husband on H4.
My 140 is pending.
We recently received EAD for both of us. If my husband applies for SSN but do NOT use EAD or SSN for work . Will he still remain on H4?
I want him to be on h4 status till I get 140 approved.
Thank you.
I am in the same boat. My 140 is pending. I am on H1 wife is already employed with EAD (After getting SSN). According to my attorney Her getting SSN and working will not have impact on My h1.
Why do you want your spouse to continue on h4?
My 140 is pending.
We recently received EAD for both of us. If my husband applies for SSN but do NOT use EAD or SSN for work . Will he still remain on H4?
I want him to be on h4 status till I get 140 approved.
Thank you.
I am in the same boat. My 140 is pending. I am on H1 wife is already employed with EAD (After getting SSN). According to my attorney Her getting SSN and working will not have impact on My h1.
Why do you want your spouse to continue on h4?
kirupa
03-17 09:46 PM
Hey gaurav - I double checked with a few colleagues, and this is a WPF issue. Unfortunately, there isn't a good workaround at this time. My only suggestion would be to not use those abnormally wide fonts at large text sizes :P
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tsiger
04-17 04:46 PM
thanx guys.. some more are coming soon :)
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wizard
05-09 01:44 AM
I wuv #4. :love:
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Chintu2009
02-09 02:22 PM
He wants to get F1 status and study full time. So, my l2 and ead will no longer be valid, if he quits his job?
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folse
05-10 01:51 PM
Dear friends,
I have an EB3 pending for years, and I submitted a marriage based green card application a couple of months ago.
I had the interview recently. The office said she requested the EB3 file, but the office that was processing it wouldn't release it to her. She said a person could have only 2 pending 485s, so the 2 applications should consolidate, either the EB3 file comes to her office or this marriage based green card application goes to the office that process the EB3 file. And she said she wouldn't want to release the marriage based file to that office. So we are stuck.
She went ahead and validated that our marriage is real, but she couldn't process the 485 because she needed all of my files. She didn't seem to be familiar with cases that have previous pending 485s. She had me signed a letter saying I'd like to withdraw my EB3 application and she'll send the letter with my EB3 485 receipt notice to the other office, hoping they'll cancel the EB3 green card application and release the file to her. She didn't seem to be certain that would do the job. She wasn't sure how long it would take and it's possible someone else will take over my case.
It's been a week and there's no updates online. I'm now scare that if anything goes wrong, I might lose my EB3 application and get stuck in the bureaucracy. I'm worried and would like to ask whether it was a typical way to handle cases like mine. Thank you very much!
I have an EB3 pending for years, and I submitted a marriage based green card application a couple of months ago.
I had the interview recently. The office said she requested the EB3 file, but the office that was processing it wouldn't release it to her. She said a person could have only 2 pending 485s, so the 2 applications should consolidate, either the EB3 file comes to her office or this marriage based green card application goes to the office that process the EB3 file. And she said she wouldn't want to release the marriage based file to that office. So we are stuck.
She went ahead and validated that our marriage is real, but she couldn't process the 485 because she needed all of my files. She didn't seem to be familiar with cases that have previous pending 485s. She had me signed a letter saying I'd like to withdraw my EB3 application and she'll send the letter with my EB3 485 receipt notice to the other office, hoping they'll cancel the EB3 green card application and release the file to her. She didn't seem to be certain that would do the job. She wasn't sure how long it would take and it's possible someone else will take over my case.
It's been a week and there's no updates online. I'm now scare that if anything goes wrong, I might lose my EB3 application and get stuck in the bureaucracy. I'm worried and would like to ask whether it was a typical way to handle cases like mine. Thank you very much!
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h1b6years
04-28 01:26 AM
Greeting everybody: I have been working for the same Company since 2002 first J1 then 6 years of H1-B expiring on July of this year (2009). Currently my employer is going thru the process for a Green Card with our Legal Firm and they proposed me an E Visa while the Green Card approval process is work in progress (I passed the DOL approval and I'm in the middle of the recruiting phase). I'd like to get a third party opinion if I can be granted a Green Card switching from H1-B to E Visa.
Anyone familiar with this matter?
Anyone familiar with this matter?
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jettu77
10-01 03:54 PM
^^^
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colemancol
12-09 02:16 PM
Hello,
You can not (lawfully) re-enter on an H1B, as you're out of status. If you get caught lying at the border, you will be turned back and will likely be permanently barred from entering the U.S. You'll want to re-enter on an H4 visa - you dont need an H4 petition, although obviously you'll need to qualify for the H4, so be prepared to document your spouse's H1 approval and valid status.
Are you stating that you were laid off (thus overstaying), or that you were benched without pay (meaning your employer should have been paying you)? With more than 90 days out-of-status, you may have triggered a period of ineligibility to re-enter the U.S.
Given the apparent overstay issue, I suggest consulting an immigration lawyer.
Hope you find these information valuable.
You can not (lawfully) re-enter on an H1B, as you're out of status. If you get caught lying at the border, you will be turned back and will likely be permanently barred from entering the U.S. You'll want to re-enter on an H4 visa - you dont need an H4 petition, although obviously you'll need to qualify for the H4, so be prepared to document your spouse's H1 approval and valid status.
Are you stating that you were laid off (thus overstaying), or that you were benched without pay (meaning your employer should have been paying you)? With more than 90 days out-of-status, you may have triggered a period of ineligibility to re-enter the U.S.
Given the apparent overstay issue, I suggest consulting an immigration lawyer.
Hope you find these information valuable.
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sudhakar_p_v
05-03 12:05 AM
Thanks Dhundhun.
To be clear When you say "packets" should i put them within two envelopes?
I was planning on just putting the documents(application and supporting docs) bound by paper clips.
sorry if its a dumb question but this being my first time filing this wanted to be extra sure.
To be clear When you say "packets" should i put them within two envelopes?
I was planning on just putting the documents(application and supporting docs) bound by paper clips.
sorry if its a dumb question but this being my first time filing this wanted to be extra sure.
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bijualex29
07-17 12:45 PM
Any expert can let me, can I apply L-1 Visa, if I am in USA in H-1B visa?
My company is Italian based Company and in USA they have a branch.
It is necessary that I have to be in outside USA to get L-1 Visa
My company is Italian based Company and in USA they have a branch.
It is necessary that I have to be in outside USA to get L-1 Visa
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desi3933
02-04 09:20 AM
On your I-485 approval, H4 status is lost and no longer valid.
Incorrect!
If the person is out of country while on H1/H4 and I-485 is approved, he/she can enter USA on valid H1/H4 visa stamp and will be offered Deferred Inspection. In most cases, they have to report within 7-14 days to local USCIS for passport stamping.
I suggest that you get more details about Deferred Inspection with your attorney.
________________________
Not a legal advice.
US citizen of Indian Origin.
Incorrect!
If the person is out of country while on H1/H4 and I-485 is approved, he/she can enter USA on valid H1/H4 visa stamp and will be offered Deferred Inspection. In most cases, they have to report within 7-14 days to local USCIS for passport stamping.
I suggest that you get more details about Deferred Inspection with your attorney.
________________________
Not a legal advice.
US citizen of Indian Origin.
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seahawks
02-15 12:47 AM
comeon guys keep this thread going, everyone, non recurring payers, please contribute, Its for a cause, live your dream, volunteer if you can, be active if you can, and if you really like to be behind the scenes, at least contribute!
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deepimpact
08-16 04:38 PM
I checked the German Mission in the US website and there I-797 is not mentioned among the documents permissible as exception for Transit Visa. Best is to call the German Mission and confirm. When I spoke to them it looked that they were already aware of this confusion and gave me a definitive answer that I didn't need the transit visa.
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anilsal
07-06 10:42 PM
Why not microsoft? The rest of high tech industry will not survive if they can't move their 60% of operations outside of USA. Bone headed congress will continue to come up with legislation that encourage illegal immigration and discourage legal immigration. Sounds like 19th century for UK, 20th century for USA and 21st century for China and India. Dollar declines and what is the use of GC? I am thinking of going back where the growth is.
In the last radio show that IV was invited (cannot recall which one), one of the premier companies had in fact opined that they will move the jobs overseas if the doors are not opened here. Most probably the company was Oracle.
In the last radio show that IV was invited (cannot recall which one), one of the premier companies had in fact opined that they will move the jobs overseas if the doors are not opened here. Most probably the company was Oracle.
vskp
12-28 03:14 PM
Following is the situation:
My H1 (6 years) expiring on 7th Mar'08 (have 35 days of vacation might be good till 11th Apr'08)
Labour filed on 06/20/2007 , still awaiting..(so 365 days rule does not apply for 7th yr ext)
Spouse was on H4, got H1 in Oct'2007 (no stamping done for H1).
Falling short of 10 weeks to get the 365 days rule
Options that I learnt for me getting 7th yr extension and staying in the country:
Option1:
Convert to H4 toward the end of H1 6 yrs expiry date till June 20th(to get the 365 days rule in effect)
File for 7th year extension based on the 365 days rule
Convert from H4 to H1 and start working.
Option 2:
Get Canada working visa (not sure how long it will take to get though) and work till June 20th there (to get the 365 days rule in effect)
File for 7th year extension based on the 365 days rule
Stamping in canada to return to USA.
(I am hoping 7th year extension can be done while I am outside the country)
Option 3:
Go back to India for 3 months wait till June 20th,
File for 7th year extension based on the 365 days rule
Stamping in India to return to USA.
(I am hoping 7th year extension can be done while I am outside the country)
Option 4:
Leave for India immediately and stay there for 10 weeks and recapture them along with 7th year extension(while I am in India )
Can the gurus/experts please put in any issues I might be running into or if any of the option above are not at all feasible(may be I am ignorant)
My H1 (6 years) expiring on 7th Mar'08 (have 35 days of vacation might be good till 11th Apr'08)
Labour filed on 06/20/2007 , still awaiting..(so 365 days rule does not apply for 7th yr ext)
Spouse was on H4, got H1 in Oct'2007 (no stamping done for H1).
Falling short of 10 weeks to get the 365 days rule
Options that I learnt for me getting 7th yr extension and staying in the country:
Option1:
Convert to H4 toward the end of H1 6 yrs expiry date till June 20th(to get the 365 days rule in effect)
File for 7th year extension based on the 365 days rule
Convert from H4 to H1 and start working.
Option 2:
Get Canada working visa (not sure how long it will take to get though) and work till June 20th there (to get the 365 days rule in effect)
File for 7th year extension based on the 365 days rule
Stamping in canada to return to USA.
(I am hoping 7th year extension can be done while I am outside the country)
Option 3:
Go back to India for 3 months wait till June 20th,
File for 7th year extension based on the 365 days rule
Stamping in India to return to USA.
(I am hoping 7th year extension can be done while I am outside the country)
Option 4:
Leave for India immediately and stay there for 10 weeks and recapture them along with 7th year extension(while I am in India )
Can the gurus/experts please put in any issues I might be running into or if any of the option above are not at all feasible(may be I am ignorant)
geevikram
11-22 03:02 PM
I would like to hear the response for the same.
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