Ramba
04-09 06:08 PM
Here is my situation:
I was on H-1 B status with my former employer then I changed jobs using AC 21 and I am currently working on EAD with my new employer. I didn't transfer my H-1b from former employer to new employer since I have EAD. I still have H-1b visa stamp on my passport that will not expire until end of 2010. I am planning to go home to visit my family during the summer for 2 weeks. my question is : do i need to apply for travel document to be able to come back or can I just use the H-1B stamp on my passport even tough I am not with my green card sponsoring employer anymore??
Please advise. Thank you in advance.
You can enter with previous company H1 visa, only if you are maitaining that status (H1) with new company. As you are currenty working on EAD with other emplyer, the previous H1B visa has no use. You need AP to enter, as you are in pure AOS.
However, you can enter in H1B visa, only if you are going to work for the previous comapany upon arrival to USA (provided thay have not cancelled the H1, and still they have job offer to you upon arrival). If you do so, your 485 will get abonded, as you travelled without parloe when you are in AOS. If you want to protect 485, you must get AP before leaving. H1B visa will be usefull, only if you maintain H1 status just before leaving US and resumes H1 after arrival.
I was on H-1 B status with my former employer then I changed jobs using AC 21 and I am currently working on EAD with my new employer. I didn't transfer my H-1b from former employer to new employer since I have EAD. I still have H-1b visa stamp on my passport that will not expire until end of 2010. I am planning to go home to visit my family during the summer for 2 weeks. my question is : do i need to apply for travel document to be able to come back or can I just use the H-1B stamp on my passport even tough I am not with my green card sponsoring employer anymore??
Please advise. Thank you in advance.
You can enter with previous company H1 visa, only if you are maitaining that status (H1) with new company. As you are currenty working on EAD with other emplyer, the previous H1B visa has no use. You need AP to enter, as you are in pure AOS.
However, you can enter in H1B visa, only if you are going to work for the previous comapany upon arrival to USA (provided thay have not cancelled the H1, and still they have job offer to you upon arrival). If you do so, your 485 will get abonded, as you travelled without parloe when you are in AOS. If you want to protect 485, you must get AP before leaving. H1B visa will be usefull, only if you maintain H1 status just before leaving US and resumes H1 after arrival.
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glores1970
09-22 08:25 AM
Hello,
Anybody has information to offer for such a case ?
Thanks.
Anybody has information to offer for such a case ?
Thanks.
IneedAllGreen
06-21 04:45 PM
Since this thread is open and dont want to wast resouce on new thread. I want to ask people those who had already filed 485/EAD/AP that did anyone has taken photos at Walgreens.
I am getting $7.99 for taking 2 photos at Walgreens($48 for 2person with 6 photos deal) in Milwaukee. Whereas in Kinko's I am getting deal of $13.50 for first 2 photo and rest 4 photos for $13.50 ($54 for 2 person with 6 photos deal) in Milwaukee city area.
Now question besides money I want to know which one is worth taking chance for taking a picture interms of quality.
Thanks
INeedAllGreen
I am getting $7.99 for taking 2 photos at Walgreens($48 for 2person with 6 photos deal) in Milwaukee. Whereas in Kinko's I am getting deal of $13.50 for first 2 photo and rest 4 photos for $13.50 ($54 for 2 person with 6 photos deal) in Milwaukee city area.
Now question besides money I want to know which one is worth taking chance for taking a picture interms of quality.
Thanks
INeedAllGreen
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GC08
08-21 07:34 PM
Looks like more chaos has come. Nowadays nothing is working properly. How can they allow a 4 month difference in processing I140 between the 2 centers? What happened in NSC? NSC must have won the imcompetence contest among all those agencies. :-)
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lagsam
12-17 03:35 PM
There is no problem re-entering with a valid AP, even if the validity date is the day you re-enter.
You will have a problem if your AP is expired. My daughter came back with just one month on her AP and she was stamped with extra 6 months on I-94. But I don't know the reason for that.
You will have a problem if your AP is expired. My daughter came back with just one month on her AP and she was stamped with extra 6 months on I-94. But I don't know the reason for that.
abhi2001
02-26 05:35 PM
Another option here -
I was on H1B for about 4 years and after that on L1A via a COS for the last 1 year. (total 5 years). Currently I am on L1A with company A.
If my future employer B files for my H1B I don't have to go thru the cap/quota since I already was on an H1. I assume this is correct.
- So till the time my H1B is approved can I still be with employer A on L1A visa?
- Will moving to H1B with company B be my choice (of when I want to resign from company A and move to B) or will I be forced to join company B as soon as my H1B is approved?
- Parallel to the above company B files my GC.
Can this be done?
Thanks for all the help.
I was on H1B for about 4 years and after that on L1A via a COS for the last 1 year. (total 5 years). Currently I am on L1A with company A.
If my future employer B files for my H1B I don't have to go thru the cap/quota since I already was on an H1. I assume this is correct.
- So till the time my H1B is approved can I still be with employer A on L1A visa?
- Will moving to H1B with company B be my choice (of when I want to resign from company A and move to B) or will I be forced to join company B as soon as my H1B is approved?
- Parallel to the above company B files my GC.
Can this be done?
Thanks for all the help.
more...
dingudi
11-08 01:22 PM
our notice date on receipt is Sept 12, 2007....but no FP notice yet!
How long does it take to get FP notice? one of our fren got receipt later than us but already got FP notice ....
There are lot of people who are in the same boat. I am July 2nd filer , ND of sept 10 with TSC, No FP yet.
How long does it take to get FP notice? one of our fren got receipt later than us but already got FP notice ....
There are lot of people who are in the same boat. I am July 2nd filer , ND of sept 10 with TSC, No FP yet.
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Lasantha
07-05 10:45 AM
Hey Gurus,
What are the chances for ROW-EB2 to go backlog in OCT 2007. My wife's employer is filing for the LABOR this month. We are keeping our finger's crossed that it will be current in OCT this year.
What do you guys think about that? Thanks.
I am no guru BUT ....
It was current for more than the past two years, wasn't it. I think it is highly unlikely that it will be backlogged. If if it will, it could be by a very short period, 6 months maybe. This is what I think.
What do you think about EB3 ROW ?
What are the chances for ROW-EB2 to go backlog in OCT 2007. My wife's employer is filing for the LABOR this month. We are keeping our finger's crossed that it will be current in OCT this year.
What do you guys think about that? Thanks.
I am no guru BUT ....
It was current for more than the past two years, wasn't it. I think it is highly unlikely that it will be backlogged. If if it will, it could be by a very short period, 6 months maybe. This is what I think.
What do you think about EB3 ROW ?
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EkAurAaya
09-24 10:43 PM
his question was will bad credit affect GC? answer is "no it wont"
please dont suddenly become "Edward Jones" or "Suze orman" and give financial advice because you may be doing bettter than the person asking the question. God forbid, but one major illness can wipe out anyone's good credit, even with insurance. watch "Sicko" and "Maxed Out". Eye-opening documentaries about the predatory greed of the insurance and financial firms. Dont be so smug. kidding about other people's misfortune isnt funny.
Ok you just twisted my words, took it out of context and made new meaning out of it... oh man relax, i was not trying to kid about anyones misfortune here! I was not even thinking about it from that angel!
If you read carefully i did reply to his question although i do agree it is a bit cryptic ;) and if my reply sounded like kidding about "misfortune" then i really do apologize to the original poster, that was not my intent.
Green_Card: Thanks for policing... :rolleyes:
please dont suddenly become "Edward Jones" or "Suze orman" and give financial advice because you may be doing bettter than the person asking the question. God forbid, but one major illness can wipe out anyone's good credit, even with insurance. watch "Sicko" and "Maxed Out". Eye-opening documentaries about the predatory greed of the insurance and financial firms. Dont be so smug. kidding about other people's misfortune isnt funny.
Ok you just twisted my words, took it out of context and made new meaning out of it... oh man relax, i was not trying to kid about anyones misfortune here! I was not even thinking about it from that angel!
If you read carefully i did reply to his question although i do agree it is a bit cryptic ;) and if my reply sounded like kidding about "misfortune" then i really do apologize to the original poster, that was not my intent.
Green_Card: Thanks for policing... :rolleyes:
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Lynx
04-28 10:52 AM
Ironikart got my vote :) It looks so funny and like a real toy, I like it :P
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stones
07-08 05:33 PM
Do you think, I won't have problem even I do not have paystubs for October, 2008. I gave my OPT card, OPT I20 and latest pay stubs of Company B (until September 2008) and Company C (until June, 2009). Would they work? Please let me know. Thanks a lot for your advice.
In my Internationa office ther gave me this email
# On June 4, 2008 you were approved for a change of status to H1B from 10/01/2008-09/02/2011 with employer A.
# 09/16/2008 was your last day of employment at A. At that time your were in F-1 status. Since you did not remain with A until 10/01/2008, your H1B status was never activated.
# On October 28, 2008 employer B, filed an H1B Change of Employer and Extension of Stay petition on your behalf and you began employment under the impression that you were eligible for the benefit of portability. Since your H1B status was never activated, you were still in F-1 status at that time and were not eligible for the benefit of H1B portability. To date, no determination has been made on this application.
# On June 15, 2009 the Employer C filed a Change of Employer petition on your behalf and you began employment at Employer C.
Conclusion: The items that you have provided in response to the RFE show a sequence of events that may
make your extension of stay impossible. You were not in H1B status when employer B filed an H1B transfer for
you. This apparent lapse in visa status since the filing of the employer B H1B petition may exceed 180 days and
we recommend that you speak with an immigration attorney immediately to review your options.
I have attached a list of recommended immigration attorneys.
If one of the recommended immigration attorneys provides information in regard to your situation that would be
helpful in our response to the second RFE. Please forward all information by July 20th.
Moving forward, USCIS will most likely approve employer C's request for H1B employment and deny the extension of
H1B stay. If this occurs, you will need to travel to obtain your H1B status. Please let us know the Consulate
where you will obtain your visa at so we can provide USCIS with this information.
In my Internationa office ther gave me this email
# On June 4, 2008 you were approved for a change of status to H1B from 10/01/2008-09/02/2011 with employer A.
# 09/16/2008 was your last day of employment at A. At that time your were in F-1 status. Since you did not remain with A until 10/01/2008, your H1B status was never activated.
# On October 28, 2008 employer B, filed an H1B Change of Employer and Extension of Stay petition on your behalf and you began employment under the impression that you were eligible for the benefit of portability. Since your H1B status was never activated, you were still in F-1 status at that time and were not eligible for the benefit of H1B portability. To date, no determination has been made on this application.
# On June 15, 2009 the Employer C filed a Change of Employer petition on your behalf and you began employment at Employer C.
Conclusion: The items that you have provided in response to the RFE show a sequence of events that may
make your extension of stay impossible. You were not in H1B status when employer B filed an H1B transfer for
you. This apparent lapse in visa status since the filing of the employer B H1B petition may exceed 180 days and
we recommend that you speak with an immigration attorney immediately to review your options.
I have attached a list of recommended immigration attorneys.
If one of the recommended immigration attorneys provides information in regard to your situation that would be
helpful in our response to the second RFE. Please forward all information by July 20th.
Moving forward, USCIS will most likely approve employer C's request for H1B employment and deny the extension of
H1B stay. If this occurs, you will need to travel to obtain your H1B status. Please let us know the Consulate
where you will obtain your visa at so we can provide USCIS with this information.
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rpat1968
09-06 03:43 PM
You should get yours in 1-2 days
My wife received her FP notice 2 days ago and I am still waiting for FP notices for me and my daughter.
My wife received her FP notice 2 days ago and I am still waiting for FP notices for me and my daughter.
more...
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diptam
02-24 04:30 PM
The rule is if company B files a Labor 365 days before your H expiration then that H could be extended. However L visa probably doesn't have a specified time limit like 6 yrs. So theoretically you could let companyB file Perm and I-140 for you and keep working in Company A till your Priority date become current and you get EAD.
But the best practical option is to jump to Company B via H1 and let them file the Labor and you continue extending the H1 as I'm doing. Once EAD comes you could trash the H1 or even transfer that H1 to a 3rd company.
The choice is yours !
Thanks again guys.
Well company A can file my GC but the issue is that the financial books of company A are not clear right now. Hence there are chances I-140 will be refused even if I file on EB1.
Company B is willing to take me but the issue is how do I join B. The options which I see are that B files my GC under EB2 or EB3 and I continue to work with company A till then. But then in EB2/EB3 the processing will take years till I get my EAD and join company B.
But the best practical option is to jump to Company B via H1 and let them file the Labor and you continue extending the H1 as I'm doing. Once EAD comes you could trash the H1 or even transfer that H1 to a 3rd company.
The choice is yours !
Thanks again guys.
Well company A can file my GC but the issue is that the financial books of company A are not clear right now. Hence there are chances I-140 will be refused even if I file on EB1.
Company B is willing to take me but the issue is how do I join B. The options which I see are that B files my GC under EB2 or EB3 and I continue to work with company A till then. But then in EB2/EB3 the processing will take years till I get my EAD and join company B.
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Outkastpb231
11-02 03:51 PM
Without trying to sound too harsh, I think my dog could knock up something more worth going freelance about. :D
No hard feelings. I just really need to get back on my feet, since I am relatively busy I just got my own place, and I really need an idea to set me in motion. I am not a spontaneous artist in any sense at all.
No hard feelings. I just really need to get back on my feet, since I am relatively busy I just got my own place, and I really need an idea to set me in motion. I am not a spontaneous artist in any sense at all.
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starving_dog
09-02 02:01 AM
I'm glad to hear that you are well. Have a great Labor Day weekend.
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tiredofh1bfraud
10-20 09:41 PM
does anyone know delasoft inc. from chicago? do they delay payments or any other issues with this (prospective) employer?
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kaybeedee
11-05 11:18 AM
Is VFS the only site to book appointments (for HYD) as well ? I hear the news that HYD is operational but I don't see it in on VFS website to take an appointment - I need one for 1st week of Dec
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Leo07
10-15 03:41 PM
Friends,
I'm in a position where I have to file for I-140 again. In short, my company was purchased and I had to refile I-140 under the new company's name. Since the new company does not pay for Premium processing, I'll have to shell out the Premium processing fee from my pocket.
I need your honest opinion as to whether I must file with premium or regular? My PD: is June 2007.
I appreciate all your comments!
I'm in a position where I have to file for I-140 again. In short, my company was purchased and I had to refile I-140 under the new company's name. Since the new company does not pay for Premium processing, I'll have to shell out the Premium processing fee from my pocket.
I need your honest opinion as to whether I must file with premium or regular? My PD: is June 2007.
I appreciate all your comments!
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aachoo
03-18 10:06 PM
What happens if your W2 is higher then the prevailing wage? Like $22K higher?
Look at my past posts. I asked this question some time back and people said it should be OK. I got an RFE and the lawyer did not seem to care that my current salary is much higher than the LC.
-a
Look at my past posts. I asked this question some time back and people said it should be OK. I got an RFE and the lawyer did not seem to care that my current salary is much higher than the LC.
-a
Sachin_Stock
09-21 01:58 PM
New 485 is not recommended as you have to undergo all the hassles of fingerprinting, medical, background blah blah blah....Specially if your Eb-2 date is current and your case already being pre-adjudicated, interfiling is very much a common sense.
insbaby
12-05 05:26 PM
I bet they won't let a VB programmer in!!!
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