mchhokar
05-15 02:45 PM
Hi,
I am on L1 B (Individual) Visa since last three years. In January my company filed for extension, this time on L1 (Blanket). I received RFE in March, which my company replied in April. A couple days before the attorney called us mentioning the petition has been denied and I am awaiting final documentation.
Here are facts:
I am Senior Product Manager with Bachelor's in Computer Science and around 8 years of Experience working with the same Company. 5 years(India Subsidiary) and 3 Years US HQ.
We did mentioned in our RFE that I have the sole knowledge of two products that I represent and that with other things to convince USCIS.
My company is open and willing to appeal against the decision.
Questions: Could it be a reason that Attorney couldn't represent my case well and in that case should I reconsider other Attorney who is specialized in L1 process.
-Can appeal process buy me some time and should I start my H1B process simultaneously?
If yes, is that something which I can do legally.
-How much time can appeal process buy, is it two months, 4 months, 6 months ??
- My wife is on H1 and I do have 10 years B1 visa on my passport. Given those circumstances I do understant that my options for legally staying in US are open but I really want to avoid compromising options and save current working status.
I have been thinking-thinking a lot during last couple days and thus Any help and directions would be appreciated.
Regards,
Manu
I am on L1 B (Individual) Visa since last three years. In January my company filed for extension, this time on L1 (Blanket). I received RFE in March, which my company replied in April. A couple days before the attorney called us mentioning the petition has been denied and I am awaiting final documentation.
Here are facts:
I am Senior Product Manager with Bachelor's in Computer Science and around 8 years of Experience working with the same Company. 5 years(India Subsidiary) and 3 Years US HQ.
We did mentioned in our RFE that I have the sole knowledge of two products that I represent and that with other things to convince USCIS.
My company is open and willing to appeal against the decision.
Questions: Could it be a reason that Attorney couldn't represent my case well and in that case should I reconsider other Attorney who is specialized in L1 process.
-Can appeal process buy me some time and should I start my H1B process simultaneously?
If yes, is that something which I can do legally.
-How much time can appeal process buy, is it two months, 4 months, 6 months ??
- My wife is on H1 and I do have 10 years B1 visa on my passport. Given those circumstances I do understant that my options for legally staying in US are open but I really want to avoid compromising options and save current working status.
I have been thinking-thinking a lot during last couple days and thus Any help and directions would be appreciated.
Regards,
Manu
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chanduv23
11-17 05:39 PM
Hi,
My wife and I are currently working on EAD and have used the AP to entry the US. We will be going to the Canadian consulate to apply for Canadian Visa (want to go on vacation). I had the following questions:-
1) What all papers are required?
2) How long will they issue the canadian visa for? I am planning on obtaining a multiple entry visa. When I was on H1 they issued me a visa which was till the end of my H1 expiration date.
Thanks.
Not sure about the rules now, but when I did it in 2002, it was a single entry visa for 6 months - though it is single entry - going from US is an exception - from US it is multiple entry and it costed $50 during those times.
Documents - appp form, fee, your legal status here (485, EAD etc..), bank statements and usually they ask why r u visiting Canada and you can say "tourism"
My wife and I are currently working on EAD and have used the AP to entry the US. We will be going to the Canadian consulate to apply for Canadian Visa (want to go on vacation). I had the following questions:-
1) What all papers are required?
2) How long will they issue the canadian visa for? I am planning on obtaining a multiple entry visa. When I was on H1 they issued me a visa which was till the end of my H1 expiration date.
Thanks.
Not sure about the rules now, but when I did it in 2002, it was a single entry visa for 6 months - though it is single entry - going from US is an exception - from US it is multiple entry and it costed $50 during those times.
Documents - appp form, fee, your legal status here (485, EAD etc..), bank statements and usually they ask why r u visiting Canada and you can say "tourism"
bhartigorkar
04-13 09:58 AM
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mrsr
08-09 02:39 PM
not yet
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rockstart
03-31 01:30 PM
I was in same situation, My Labor & I 140 was approved before I got married and at the time when I was applying for my wife's H4 visa and we answered it NO since none of those applications had her linked any where.
Hello,
My wife is planning to attend for a H4 Visa Re stamping. I have couple of questions regarding the visa application process. Appreciate if you can help me with my questions
1) In DS156 should my answer to the Question� �Has Anyone Ever Files an Immigrant Petition on your behalf� be NO. FYI, my 140 is approved and waiting on 485 priority date. I don�t think I gave my wife�s name yet in my labor or 140 approval process
2) There is a section to be filled in VFS website called� Petition Details from 797/. I assume that principal applicant would be me. However I am not sure what to fill in the following questions
Petition Receipt #
Petition Expiration date
Petitioner Name: I assume it is my company name
Is the above info to be filled in from My 797 ( case type I129)or my wife�s 797( case type I539) Receipt #?
Please advice
Thanks,
Hello,
My wife is planning to attend for a H4 Visa Re stamping. I have couple of questions regarding the visa application process. Appreciate if you can help me with my questions
1) In DS156 should my answer to the Question� �Has Anyone Ever Files an Immigrant Petition on your behalf� be NO. FYI, my 140 is approved and waiting on 485 priority date. I don�t think I gave my wife�s name yet in my labor or 140 approval process
2) There is a section to be filled in VFS website called� Petition Details from 797/. I assume that principal applicant would be me. However I am not sure what to fill in the following questions
Petition Receipt #
Petition Expiration date
Petitioner Name: I assume it is my company name
Is the above info to be filled in from My 797 ( case type I129)or my wife�s 797( case type I539) Receipt #?
Please advice
Thanks,
gc_buddy
07-24 01:27 PM
To my knowledge, the PD field is always blank for EAD reciept notices.
I e-filed EAD renewal. On the I-797 Notice of Action that they mailed me, the "Priority Date" field is blank. The same is true for my last EAD notice of action as well which I did not check last time. Is it normally blank?
Is anybody else in the same boat?
I e-filed EAD renewal. On the I-797 Notice of Action that they mailed me, the "Priority Date" field is blank. The same is true for my last EAD notice of action as well which I did not check last time. Is it normally blank?
Is anybody else in the same boat?
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e3visa
05-04 09:08 PM
There is no requirement that states your employer has to buy your return aeroplane ticket. Hopefully you will be able to find another position.
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abcka111
05-01 06:57 PM
My husband is working for company X on H1-B and he could possibly be fired in couple of weeks. My questions are:
1. Does he need to leave the country on his last working day? Can he stay for a couple of weeks to look for another job?
2. If he finds a job after getting fired, will he be out of status till he finds a job?
3. If for example, 15th of May is his last working day in Company X and his H1B transfer process starts on 25th of May. Will the gap in the number of days of visa filling be an issue in future for Green card processing?
4. I am currently on H4. During his H1B transfer, does anything need to be done for my visa?
1. Does he need to leave the country on his last working day? Can he stay for a couple of weeks to look for another job?
2. If he finds a job after getting fired, will he be out of status till he finds a job?
3. If for example, 15th of May is his last working day in Company X and his H1B transfer process starts on 25th of May. Will the gap in the number of days of visa filling be an issue in future for Green card processing?
4. I am currently on H4. During his H1B transfer, does anything need to be done for my visa?
more...
frostrated
08-11 02:24 PM
My friend will come from India on H1B first time to Atlanta Air port this weekend. His H1B was approved for year 2008 and his stamping was done in early 2009. His H1B is from small desi consulting company. What kind of questions he may face? Any inputs will highly appreciated.
One of the most common questions for situation your friend is in is why he waited this long to come to the US after approval of H1B visa. Another question is to show proof of job availability. It is 2 years since a petition was applied for him and a year since he got his visa. Unless he has some very solid answers, there is a possibility that they might deny his entry.
If you say that another position has opened up for which he is coming, then the next question would be if a new LCA was applied for the new position, which would then open up a totally new ball game. I would suggest that you have your friend contact his company lawyer for suggetions, rather than listen to advice given by people here who have not been in such situations.
One of the most common questions for situation your friend is in is why he waited this long to come to the US after approval of H1B visa. Another question is to show proof of job availability. It is 2 years since a petition was applied for him and a year since he got his visa. Unless he has some very solid answers, there is a possibility that they might deny his entry.
If you say that another position has opened up for which he is coming, then the next question would be if a new LCA was applied for the new position, which would then open up a totally new ball game. I would suggest that you have your friend contact his company lawyer for suggetions, rather than listen to advice given by people here who have not been in such situations.
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pdakwala
05-27 02:11 PM
Hey Folks,
I want to talk to an individual who is stuck at the Backlog elemination center. I am in touch with the reporter who is working on the story for the people who are stuck at BEC.
The topic is how would the current bill debated in the senate would affect people who are stuck at the labor process and their application is stuck at the BEC.
This is very urgent so please call me at 408 204 2200 if you are living in bay area. Please call me directly. DO NOT SENT ME A PM.
I want to talk to an individual who is stuck at the Backlog elemination center. I am in touch with the reporter who is working on the story for the people who are stuck at BEC.
The topic is how would the current bill debated in the senate would affect people who are stuck at the labor process and their application is stuck at the BEC.
This is very urgent so please call me at 408 204 2200 if you are living in bay area. Please call me directly. DO NOT SENT ME A PM.
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masterji
01-27 09:21 AM
I am in the same situation. I did not wait for 4-6 weeks for 221(g) and entered US using AP. The consulate called my home in India and was asking why I did not follow up my application? Should I withdraw my application by e-mail? Will there be any negative impact on my status in US?
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manbeing
12-26 05:29 PM
the format of employment date should be "mm/dd/yyyy", or just 'mm/yyyy'?
my last day in my previous employer was a Friday 5/15/2009 and my attorney entered 5/17/2009 (Sunday) as my last day on the LCA coz my first day in my current employer was 5/18/2009.
I am asking my former co-workers to write experience letter for me. Should I let them write '5/15/2009', or '5/17/2009' or just '5/2009' on the letters?
Thanks!
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my last day in my previous employer was a Friday 5/15/2009 and my attorney entered 5/17/2009 (Sunday) as my last day on the LCA coz my first day in my current employer was 5/18/2009.
I am asking my former co-workers to write experience letter for me. Should I let them write '5/15/2009', or '5/17/2009' or just '5/2009' on the letters?
Thanks!
Bookmark and Share
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desi3933
07-19 04:34 PM
Hi,
I too have the same question. Isnt EAD a non-immigrant status unlike H1B? So, how can one apply for GC on a non-immigrant status? I might be wrong though.
>> Isn't EAD a non-immigrant status unlike H1B?
EAD is not a status. EAD is just Employment Authorization Document. I-485 pending (AoS Pending) is the status.
>> So, how can one apply for GC on a non-immigrant status?
GC can, also, be applied for someone who is not even in US. Kind of status in US has nothing to do with GC process, as long as one is in valid (authorized) status.
I too have the same question. Isnt EAD a non-immigrant status unlike H1B? So, how can one apply for GC on a non-immigrant status? I might be wrong though.
>> Isn't EAD a non-immigrant status unlike H1B?
EAD is not a status. EAD is just Employment Authorization Document. I-485 pending (AoS Pending) is the status.
>> So, how can one apply for GC on a non-immigrant status?
GC can, also, be applied for someone who is not even in US. Kind of status in US has nothing to do with GC process, as long as one is in valid (authorized) status.
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Curious_Techie
10-17 10:36 AM
Friends I have a relative who is willing to get his GC via EB-5 Category.
Anybody who can share there knowledge on this? Recommend a good attorney who is kinda master in this category?
Appreicate it
Anybody who can share there knowledge on this? Recommend a good attorney who is kinda master in this category?
Appreicate it
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hibworker
12-15 02:48 PM
Request for Change of Status means that you are physically present in US and requesting a change in your immigration status, in your case from F1 to H1. However if you leave the country when COS is pending, your COS application is considered abandoned as it is assumed that you'll re-enter using the status that you desire.
Hence your H1 is approved, COS to H1 is denied and you were properly admitted under F1 status on your return. You are legally maintaining F1 status until your OPT expires (+ any grace period mentioned in your I-20).
Here are your options:
1. Again apply for COS to H1 (not sure if this is possible, check with your lawyer)
2. Leave the country before F1 status expires and then re-enter on H1 visa. For getting H1 visa you don't necessarily have to go to home country, it is possible to get it done in Mexico/Canada.
Hence your H1 is approved, COS to H1 is denied and you were properly admitted under F1 status on your return. You are legally maintaining F1 status until your OPT expires (+ any grace period mentioned in your I-20).
Here are your options:
1. Again apply for COS to H1 (not sure if this is possible, check with your lawyer)
2. Leave the country before F1 status expires and then re-enter on H1 visa. For getting H1 visa you don't necessarily have to go to home country, it is possible to get it done in Mexico/Canada.
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bin2000
08-25 01:40 PM
Dear all,
My employer filed H1B with extension of stay even though I was not physically present in USA on the day of filing.I was out of USA on June 15th due to personal reasons and they filed H1B on July 10th.
I had requested them not to file extension of stay since I was already out of USA.USCIS approved the petition with extension of stay(I-94 attached).I need to go for visa stamping now .Will this create any issues while stamping?
Please advice.
Thank you
My employer filed H1B with extension of stay even though I was not physically present in USA on the day of filing.I was out of USA on June 15th due to personal reasons and they filed H1B on July 10th.
I had requested them not to file extension of stay since I was already out of USA.USCIS approved the petition with extension of stay(I-94 attached).I need to go for visa stamping now .Will this create any issues while stamping?
Please advice.
Thank you
more...
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reddymjm
05-12 09:33 AM
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bluekayal
05-18 04:14 PM
Ellen Krengel at Palo Alto?
ekrengel@yahoo.com
I am looking for someone in San Jose, Fremont, Milpitas, ..nearby areas. Sorry for not being specific last time.
ekrengel@yahoo.com
I am looking for someone in San Jose, Fremont, Milpitas, ..nearby areas. Sorry for not being specific last time.
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Bpositive
02-01 11:55 PM
Got a 221g (pink) from Chennai consulate because I have a Phd in biology. After almost 4 weeks the status on the website was updated to 'submit passport'. I have a couple of questions. If anyone who has gone through a similar situation, can answer, I would very much appreciate it..
1. I have been asked to submit the passport to VFS. How long did it take for passport to be returned with visa.
2. I have already gone through the security clearance. Do I need to go through PIMS clearance again?
Please...appreciate responses from those who have gone through this themselves..
Thanks. Man..this has been an ordeal....
1. I have been asked to submit the passport to VFS. How long did it take for passport to be returned with visa.
2. I have already gone through the security clearance. Do I need to go through PIMS clearance again?
Please...appreciate responses from those who have gone through this themselves..
Thanks. Man..this has been an ordeal....
sushilup
12-09 01:59 PM
Hello Guys,
I didn't find any thread on this topic, if there is one please give me the link.
I have appointment in Ottawa for H1B stamping. I want to take my car instead of rental. Is there a problem?
Please share if anyone has done this.
Thank you in advance.
I didn't find any thread on this topic, if there is one please give me the link.
I have appointment in Ottawa for H1B stamping. I want to take my car instead of rental. Is there a problem?
Please share if anyone has done this.
Thank you in advance.
fasterthanlight�
05-21 02:04 PM
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