milind70
10-08 12:35 AM
Hi,
I had applied for my H1 extension in June 2008 and waited for some time and then upgraded it to premium processing in July. I did not get any result on my H1 extension but in the meantime my GC was approved in August. My question is will i be able to get my H1 processing fee back, at least the premium processing fee. I heard if your H1 processing doesn't get any result in certain time you will be entitled to get your money back.
Thanks in advance
I highy doubt it that you will get any fees back from USCIS. If you ask about the status of your H1 they will just get back to you saying that your H1 application was rejected since the applicant is n longer in Non Immigrant status as your status chnaged to Immigrant as soon as your Green Card was approved. You can try but very few people have actually recieved fees back from USCIS. Good luck
I had applied for my H1 extension in June 2008 and waited for some time and then upgraded it to premium processing in July. I did not get any result on my H1 extension but in the meantime my GC was approved in August. My question is will i be able to get my H1 processing fee back, at least the premium processing fee. I heard if your H1 processing doesn't get any result in certain time you will be entitled to get your money back.
Thanks in advance
I highy doubt it that you will get any fees back from USCIS. If you ask about the status of your H1 they will just get back to you saying that your H1 application was rejected since the applicant is n longer in Non Immigrant status as your status chnaged to Immigrant as soon as your Green Card was approved. You can try but very few people have actually recieved fees back from USCIS. Good luck
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fionaapple20
11-27 03:53 PM
Thank you wandmaker. This helps.
- But can a person be unemployed before the 180 days elapse? What happens if person is unable to find a job before 180 days?
- Also, per your information - can the person find a new job, change H1s and then wait for 180 days to send in a letter to USCIS?
- But can a person be unemployed before the 180 days elapse? What happens if person is unable to find a job before 180 days?
- Also, per your information - can the person find a new job, change H1s and then wait for 180 days to send in a letter to USCIS?
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kumar1
03-06 08:14 PM
I wouldn't worry about it. Enjoy your green card.
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nquadro
07-25 03:36 PM
Ensure that you have at least 90 days between the date you apply for I-485 and the TN expiry date.
TN is basically a non-immigrant visa so in case she tries for TN renewal after her I-485 has been applied, the TN will be denied. I suggest the 90 day period because you can apply for her EAD along with the I-485. EAD needs to be adjudicated within 90 days by law (I think...assuming that there are no RFE's). That will help in avoiding taking any leave from her job.
If there are less than 90 days I would suggest renewing the TN first and then applying for the I-485/EAD/AP.
Hope this helps.
TN is basically a non-immigrant visa so in case she tries for TN renewal after her I-485 has been applied, the TN will be denied. I suggest the 90 day period because you can apply for her EAD along with the I-485. EAD needs to be adjudicated within 90 days by law (I think...assuming that there are no RFE's). That will help in avoiding taking any leave from her job.
If there are less than 90 days I would suggest renewing the TN first and then applying for the I-485/EAD/AP.
Hope this helps.
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guyfromsg
09-26 10:19 PM
Georgia members please join your state chapter google group. We are growing fast and need more members. Atlatna has lot of skilled immigrants and the strength is not reflected yet ;)
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01-28 10:45 PM
^^^
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rockstart
07-20 08:32 PM
Spoke to Virgin Atlantic cust rep last week for flight from US to India via London and they said they cannot accept Advance Parole for transit and I would need UK Transit Visa or Valid US visa.
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MrWaitingGC
09-07 07:38 PM
There is no time limit of out of status.
Once you are out of a company you are out of status.
So make sure Company B at least files your case before 15th.
Once you are out of a company you are out of status.
So make sure Company B at least files your case before 15th.
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newyorker123
06-10 03:43 PM
thanks man and one more favor
what should I specify underneath
Identify the documents, records, or information you are seeking. Be as specific as possible.
section if I need all the documents submitted with my I-485 application?
what should I specify underneath
Identify the documents, records, or information you are seeking. Be as specific as possible.
section if I need all the documents submitted with my I-485 application?
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gcformeornot
08-02 01:09 PM
.
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vrbest
12-16 08:49 AM
This is not true.. First time H4 when the dependant is on in US will NOT have I797. They just go to consulate with spouse's H1B to get H4 Stamped. I-797 for H4 will be received when H4 is extended with H1 here in US. That is what we also have and I have done 3 extensions/stamping for H1/H4 already with no issues
You said she got a H4 stamp when she first came to the US based on your H1B. That could not be true. She must had a I-797 approval notice of her H4.
You said she got a H4 stamp when she first came to the US based on your H1B. That could not be true. She must had a I-797 approval notice of her H4.
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07-09 07:42 PM
Both
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confirm that AILF needs more Plaintiffs !
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rajeshpatl
09-10 11:52 AM
Hi,
I am working on H1B visa since 2006 and my parents got an green card 7 month back. they are here in us and planning to stay here permanently, my question is.
after 4 years when they get a citizenship, if they file I-130 (familybased GC) for me and my family and I will be still is US on H1B, can I directly file for adjustment of status or I need to wait till my date will be current?
please reply.
I am working on H1B visa since 2006 and my parents got an green card 7 month back. they are here in us and planning to stay here permanently, my question is.
after 4 years when they get a citizenship, if they file I-130 (familybased GC) for me and my family and I will be still is US on H1B, can I directly file for adjustment of status or I need to wait till my date will be current?
please reply.
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sidbee
01-23 09:27 AM
Good morning all of you:
If you had the experience of renewing your H1B visa could you please advise how is the process?
Thank you for any feedback .
Are you working on that H1B right now, If yes then its employers head ache to do so.If not, then any way you cant renew it :-)
If you had the experience of renewing your H1B visa could you please advise how is the process?
Thank you for any feedback .
Are you working on that H1B right now, If yes then its employers head ache to do so.If not, then any way you cant renew it :-)
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pcs
04-07 08:06 PM
They are a force to reckon with & their succes will help us NOT hurt us.
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Let us encourage them to protest.
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tempdb
06-18 02:18 PM
I got same status too.. Mine was in Texas.. It has been moved to National Benefits Center
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Blog Feeds
04-06 10:50 AM
Immigration Visa Attorney Blog Has Just Posted the Following:
The Barack Obama Administration recently announced that border guards at United States Ports of Entry (POE) will begin screening aliens arriving from certain countries based on specific information about threats to the USA. The immigration attorneys at Los Angeles' Fong & Chun immigration law firm are advocates for national security balanced against sensible protections for civil rights. We hope this change will reduce the number of unwarranted, unreasonable, and (usually) unfriendly challenges to certain arriving visitors.
Since the New York terrorist attack in September 2001, the USA has maintained a list of approximately fourteen countries (the so-called "group of fourteen") which are considered to encourage state-sponsored terrorism, or which are believed to provide assistance to terrorists. The US would not even officially name the specific countries, or confirm the exact number of countries, on the list. All citizens of one of these countries -- of any gender, any age, any social class, any educational level, for any reason -- would be subjected to additional interrogation by US Border Guards.
The newly-announced change sets up a system which uses intelligence information and threat assessment -- about specific persons, specific targets, and specific descriptions, to identify passengers who might have a link to terrorism. Quite properly, those persons would be subjected to additional scrutiny. Others who do not meet the more reasoned threat profiles would be allowed to enter the USA in the way of other visitors.
For example: most people in the know would say that the Islamic Republic of Iran was part of the group of fourteen. All citizens from Iran -- absolutely all -- would be pulled aside and interrogated at POEs. Under the new system, if the US has specific information about a 26-year old male Iranian student, or an Iranian woman with a certain name, or even someone with a partial passport number, then persons meeting those descriptions will be pulled aside. This allows border guards to focus their efforts on persons about whom the USA has specific threat-related information. --jcf
More... (http://www.immigrationvisaattorneyblog.com/2010/04/border-guards-will-finally-use.html)
The Barack Obama Administration recently announced that border guards at United States Ports of Entry (POE) will begin screening aliens arriving from certain countries based on specific information about threats to the USA. The immigration attorneys at Los Angeles' Fong & Chun immigration law firm are advocates for national security balanced against sensible protections for civil rights. We hope this change will reduce the number of unwarranted, unreasonable, and (usually) unfriendly challenges to certain arriving visitors.
Since the New York terrorist attack in September 2001, the USA has maintained a list of approximately fourteen countries (the so-called "group of fourteen") which are considered to encourage state-sponsored terrorism, or which are believed to provide assistance to terrorists. The US would not even officially name the specific countries, or confirm the exact number of countries, on the list. All citizens of one of these countries -- of any gender, any age, any social class, any educational level, for any reason -- would be subjected to additional interrogation by US Border Guards.
The newly-announced change sets up a system which uses intelligence information and threat assessment -- about specific persons, specific targets, and specific descriptions, to identify passengers who might have a link to terrorism. Quite properly, those persons would be subjected to additional scrutiny. Others who do not meet the more reasoned threat profiles would be allowed to enter the USA in the way of other visitors.
For example: most people in the know would say that the Islamic Republic of Iran was part of the group of fourteen. All citizens from Iran -- absolutely all -- would be pulled aside and interrogated at POEs. Under the new system, if the US has specific information about a 26-year old male Iranian student, or an Iranian woman with a certain name, or even someone with a partial passport number, then persons meeting those descriptions will be pulled aside. This allows border guards to focus their efforts on persons about whom the USA has specific threat-related information. --jcf
More... (http://www.immigrationvisaattorneyblog.com/2010/04/border-guards-will-finally-use.html)
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same_old_guy
03-19 05:39 PM
If you are on payroll, it means you are still employed by that company. Consider this as bench period. The company may not pay you the whole salary or part of it but you are still employed. This creates problem sometime. You should ask your employer to consider you as on unpaid leave or vacation. You dont have to leave the country. Few days are ok as long as you get a new job elsewhere and transfer your H1. I think 30 days is good. Your first and foremost goal is to get a job at any cost. That should happen before you are out of payroll of your current company. That means within 30 days.
Once you are out of 30 days and dont have a job, you are out of status. That means you are here illegally. Your counter starts. There is no guideline how long you can stay here like that but more than 180 days will definitely create problem for you in the long run.
Coming to H1 transfer, if you can transfer the job within 30 days, you are good. No harms done. Although sometime you get RFE to show the income for that period if W2 shows very low number. There should some sort of parity with LCA minimum wage in H1 with W2. But 30 days of non-payment should not be a big issue as long as you can prove you were employed at that time with your H1 petitioner.
If you are out of status, there is not much you can do about it except get a job soon enough. There are people who got H1 transfer without any issue. But there is a greater chance it might come up as RFE in H1 or later in GC.
If you are here more that 180 days, you are in serious trouble.
In any case, talk to a lawyer. People here in this forum are good for some basic general advice but a case like yours should be consulted with a professional.
Once you are out of 30 days and dont have a job, you are out of status. That means you are here illegally. Your counter starts. There is no guideline how long you can stay here like that but more than 180 days will definitely create problem for you in the long run.
Coming to H1 transfer, if you can transfer the job within 30 days, you are good. No harms done. Although sometime you get RFE to show the income for that period if W2 shows very low number. There should some sort of parity with LCA minimum wage in H1 with W2. But 30 days of non-payment should not be a big issue as long as you can prove you were employed at that time with your H1 petitioner.
If you are out of status, there is not much you can do about it except get a job soon enough. There are people who got H1 transfer without any issue. But there is a greater chance it might come up as RFE in H1 or later in GC.
If you are here more that 180 days, you are in serious trouble.
In any case, talk to a lawyer. People here in this forum are good for some basic general advice but a case like yours should be consulted with a professional.
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dish
11-10 05:12 PM
I came to US on H4, 3 years ago. Later I took my H1B with a recruiter and got it with I-94. It was valid up to 2007 oct. But I couldn't take up any work due to some problems. Recently I went to India and came back. At the port of entry I got new I-94 with H4 stamping. Means My H1 Is not valid now ? In this case, is there any way to apply for change of status again as my H1 is valid up to 2007. Or else do I need to apply for my new H1B again ? Pl. any one clarify.
Once you are counted in the H1 cap you don't need to be counted again to extend your H1 status. But if you went to the consulate and got an H4 visa stamp, you might need to wait again till h1 visa is available again in april 2007.
I am curious to know, how your interview went in the consulate. Because you were on H1, without working. If you were not working and not recieving paystubs you are out of status. Didn't that create problems when you change to H4 ?
Once you are counted in the H1 cap you don't need to be counted again to extend your H1 status. But if you went to the consulate and got an H4 visa stamp, you might need to wait again till h1 visa is available again in april 2007.
I am curious to know, how your interview went in the consulate. Because you were on H1, without working. If you were not working and not recieving paystubs you are out of status. Didn't that create problems when you change to H4 ?
desanar
04-05 01:15 PM
I found that there are 24 states under compact member, some does not requires SSN to get RN license so there are good states to get license and practices. *https://www.ncsbn.org/158.htm *However you still get stuck when it comes to sponsorship.
snathan
08-09 01:03 AM
Hi all
I have I-140 approved from Company A . Company B applied for my H1B extn based on Company A's approved I-140 and got 3 years extension till 2011.
My question:
can I switch to company C now and get 3 more years extension again.? My I-140(company A) has not been revoked and priority date is not current.I want to start my PERM only after joining company C .
Thanks in advance .
If you are able to get the extension from company A to company B, what is stopping to get the extension for company C. I believe you should be able to get one. Go for PP....
I have I-140 approved from Company A . Company B applied for my H1B extn based on Company A's approved I-140 and got 3 years extension till 2011.
My question:
can I switch to company C now and get 3 more years extension again.? My I-140(company A) has not been revoked and priority date is not current.I want to start my PERM only after joining company C .
Thanks in advance .
If you are able to get the extension from company A to company B, what is stopping to get the extension for company C. I believe you should be able to get one. Go for PP....
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