die_exquisita
05-27 01:27 PM
Thanks!
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vicky123
04-15 02:41 PM
I am a resident physician on h1b visa which is expiring on 6-30-2010 . I am in process of applying for H1B extension for my fellowship. My wife is on H4 visa (expiring in 3-20-2013 since she got 5 yr multiple visa). Recently she visited Kuwait and on her re-entry she was given entry (on her I94) up to 3-15-2013 (up to 5 days prior to her visa expiration). Will she also need extension in this case along with my extension or can she stay in US till 2013 with out extension Thanks.
gcpool
08-07 01:20 PM
How about filing writ of mandamus
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pappu
08-22 06:52 PM
Read the archives on AC21 and job change.
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pappu
08-22 06:52 PM
Read the archives on AC21 and job change.
vaib.shah1
01-27 02:33 PM
Thank you. It was helpful.
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NKR
09-30 09:31 PM
A thread telling people to use caution in using AC21 is currently active. Do you all think that it is a rumor spread by some employer to prevent people from moving out? . Are there any genuine denial cases?
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gccovet
11-21 01:54 PM
few days ago, I tried to extend H4 visa for my spouse but I heard through one of the lawyer in the firm that once H4 visa holder used EAD, H4 becames invalid unless you enter again in POE using H4, we cant apply for H4 extension as the current status is AOS. But we are still exploring it.
I checked in H4 extension form I-539, they ask:
1. current immigration status?
2. whether you want to extend current status or change of status?
But my spouse is working so if we say change status to H4 from AOS then not sure whether she can use immediately EAD to work? I opened a thread regarding this.
Anybody experienced the same issue as above? Thanks.
Once your spouse started to use EAD (Work), spouse is no longer on H4 status and H4 status expires. You can reapply for H4 as long as primary applicant is still on H1. Once H4 is applied and i-797 issued, spouse had to go for stamping for h4 and reenter to be again in H4 status.
GCCovet.
I checked in H4 extension form I-539, they ask:
1. current immigration status?
2. whether you want to extend current status or change of status?
But my spouse is working so if we say change status to H4 from AOS then not sure whether she can use immediately EAD to work? I opened a thread regarding this.
Anybody experienced the same issue as above? Thanks.
Once your spouse started to use EAD (Work), spouse is no longer on H4 status and H4 status expires. You can reapply for H4 as long as primary applicant is still on H1. Once H4 is applied and i-797 issued, spouse had to go for stamping for h4 and reenter to be again in H4 status.
GCCovet.
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vkotval
04-03 01:34 PM
I think you should be fine. Apart from this scenario on the other extreme you could start working for the new company with just the receipt number as well. You dont need to wait for the approval to start working for the new company.
Hello All,
I am planning to start working for a new company starting June. I was wondering If I can start H1B visa transfer to the new company via premium processing(hopefully will get approved in 2-3 weeks) and continue to work for the current employer and get paid till the end of May, even the though the transfer would have been approved in the end of April.
Thanks in advance.
- Googlegc
Hello All,
I am planning to start working for a new company starting June. I was wondering If I can start H1B visa transfer to the new company via premium processing(hopefully will get approved in 2-3 weeks) and continue to work for the current employer and get paid till the end of May, even the though the transfer would have been approved in the end of April.
Thanks in advance.
- Googlegc
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alterego
05-04 11:55 AM
You can have a contract written for the required 5 yr period, where you and the employer have a without cause 60 or 90 day opt out clause. Many contracts are structured that way and there have not been problems previously. The main thing is the letter that comes form the State Dep't of heath supporting your petition. Speak with the point person in your state and they will be able to guide you.
Generally it is less complicated to get an employment contract for the NIW commitment duration, however in answer to your question, yes you can also petition on a business plan to open a practice after your 3 yr commitment. The visa retrogression and inability to file 485 may complicate this a little however.
Another distinction you should understand is, once you get an employment agreement, the petition can be filed by your employer or by you. You should self petition since you then control the destiny of the 140 petition. ie. it will not be withdrawn.
Good luck.
Generally it is less complicated to get an employment contract for the NIW commitment duration, however in answer to your question, yes you can also petition on a business plan to open a practice after your 3 yr commitment. The visa retrogression and inability to file 485 may complicate this a little however.
Another distinction you should understand is, once you get an employment agreement, the petition can be filed by your employer or by you. You should self petition since you then control the destiny of the 140 petition. ie. it will not be withdrawn.
Good luck.
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reachinus
08-06 07:07 PM
This is just my opinion. If I were you, I will go to the Airport and see an Immigration Office and have it corrected.
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indigokiwi
03-14 02:34 PM
Is this still an issue?
Seems like it is still an issue.
"By week�s end, Congress is expected to (again) re-up funding for the federal government to (again) avert a government shutdown � for another three weeks.
Congress is slated to approve a three-week spending measure over the next few days that would extend a March 18 deadline to keep the government�s lights on until April 8. In the meantime, lawmakers hope they can agree on a longer-term continuing resolution through September when this fiscal year ends."
The link is here (http://firstread.msnbc.msn.com/_news/2011/03/14/6268162-with-another-short-term-budget-bill-on-horizon-patience-dwindles).
Seems like it is still an issue.
"By week�s end, Congress is expected to (again) re-up funding for the federal government to (again) avert a government shutdown � for another three weeks.
Congress is slated to approve a three-week spending measure over the next few days that would extend a March 18 deadline to keep the government�s lights on until April 8. In the meantime, lawmakers hope they can agree on a longer-term continuing resolution through September when this fiscal year ends."
The link is here (http://firstread.msnbc.msn.com/_news/2011/03/14/6268162-with-another-short-term-budget-bill-on-horizon-patience-dwindles).
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sunshine737
03-17 03:38 PM
My H1 Extension approved from Sept'2010 - Dec 2012. LCA shows same dates and the salary shown is $5500 PM ($66000 P.A)
However recently, i noticed that i am receiving $5373(instead of $5500) per month since Sept'2010 till date.
I informed to my employer and he is willing to increase the pay from March.
Is it possible to correct it from March payroll.
Please advise.
Regards,
Sunshine
However recently, i noticed that i am receiving $5373(instead of $5500) per month since Sept'2010 till date.
I informed to my employer and he is willing to increase the pay from March.
Is it possible to correct it from March payroll.
Please advise.
Regards,
Sunshine
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immig_b2_0609
03-15 11:22 PM
Myself(Husband) & mywife both came on H1B from same employer.
My son got H4 visa through my wife H1B visa.
I (Husband) applied for green card and got EAD for myself & mywife , got Advance parole for myself, mywife & myson and are in 485 pending AOS status,
My Wife is taking permanent job with EAD (EAD is through my Greencard process)
If employer cancels my wife H1B she will come to EAD status.
I am not sure what will be the status of my son who is currently on H4 visa through my wife H1B visa.
My son got Advance Parole and 485 pending status through my green card.
Do I need to apply for H4 visa for my son or will my son be ok on pending AOS status ?
My son got H4 visa through my wife H1B visa.
I (Husband) applied for green card and got EAD for myself & mywife , got Advance parole for myself, mywife & myson and are in 485 pending AOS status,
My Wife is taking permanent job with EAD (EAD is through my Greencard process)
If employer cancels my wife H1B she will come to EAD status.
I am not sure what will be the status of my son who is currently on H4 visa through my wife H1B visa.
My son got Advance Parole and 485 pending status through my green card.
Do I need to apply for H4 visa for my son or will my son be ok on pending AOS status ?
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guyfromsg
02-14 09:09 PM
I am trying to file Labour under EB2 with Bachelors and 5+ year experience. My HR manager told me that filing this requires "all the other employees in my company with the same title should have a bachelor degree". She also concerned about having "Bachelor degree" as mandatory for future recruitements for the same title.
Please throw some light on this.
Not sure if this applies to ALL the other employees or just the ones in your group. I was in a similar situation and my HR said only my group matters. I have Bachelors with 5+ years of experience and my position also requires min 5 years. My EB-2 was approved last year.
Please throw some light on this.
Not sure if this applies to ALL the other employees or just the ones in your group. I was in a similar situation and my HR said only my group matters. I have Bachelors with 5+ years of experience and my position also requires min 5 years. My EB-2 was approved last year.
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sth2009
07-24 03:36 AM
I am in the same situation.I was told by my lawyer that if company A didnt cancel the H1b and as long as u have a valid and unexpired h1b with company A u dont need to retransfer to company A
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validIV
03-17 08:23 PM
Talk to the school's immigration dept or an immigration lawyer to begin your change of status to F-1. You must do this immediately. Since you are on H-1 technically the moment you lose your employment you will be out of status.
http://travel.state.gov/visa/temp/types/types_1269.html
http://travel.state.gov/visa/temp/types/types_1269.html
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zuhail
07-23 09:00 AM
You can take time off -- like 4 weeks without any issue (I have done this), as long as the new company has filed to transfer your H1B petition.
I guess you should avoid going out of status -- where the old company has revoked your H1B when the new company hasn't even filed the H1B transfer petition. Other than this, taking time off between jobs should not be any problem at all, provided you stay within the country and, no travel outside the US. But if you do, you should consult your lawyer about its implications. Good luck with your new endeavors.
Sri.
I guess you should avoid going out of status -- where the old company has revoked your H1B when the new company hasn't even filed the H1B transfer petition. Other than this, taking time off between jobs should not be any problem at all, provided you stay within the country and, no travel outside the US. But if you do, you should consult your lawyer about its implications. Good luck with your new endeavors.
Sri.
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mammoy2k
09-10 11:25 AM
I should add that you can only port once your I-140 has been approved.
As per Yates memo, one can switch after 180 days even though I-140 was pending.
As per Yates memo, one can switch after 180 days even though I-140 was pending.
raysaikat
01-10 07:53 PM
Hi,
My current visa status is H4. As i cannot work on this visa, I am interested in doing an Unpaid Internship. Please clarify whether I can do so on an H4 visa.
I'm trying to secure the internship in a nonprofit organisation. Will there be an exception for them, in case it's not allowed otherwise?
Thanks a tonne!!!
AFAIK, you can do volunteer work without restrictions, provided this truly is a volunteer work; i.e., there is no employer-employee relationship, and you are not working in anticipation that you will be hired in near future based on your current work.
Maybe a good test is, if the nonprofit organization requires your SSN before they would allow you to work, then you may not do that work on H4.
My current visa status is H4. As i cannot work on this visa, I am interested in doing an Unpaid Internship. Please clarify whether I can do so on an H4 visa.
I'm trying to secure the internship in a nonprofit organisation. Will there be an exception for them, in case it's not allowed otherwise?
Thanks a tonne!!!
AFAIK, you can do volunteer work without restrictions, provided this truly is a volunteer work; i.e., there is no employer-employee relationship, and you are not working in anticipation that you will be hired in near future based on your current work.
Maybe a good test is, if the nonprofit organization requires your SSN before they would allow you to work, then you may not do that work on H4.
Appu
10-05 06:00 PM
Could you all please give me an opinion on this situation? I am trying to ask my lawyer, but I won't know for a few days and this is disturbing me a lot!
I am on H1, 7th year extension. My Labor just got approved. About to file 140. Now my project has apparently lost funding and the employer is offering me a temp job for 6 months till my 140 gets approved so I can use the approved 140 and move. But the catch is the new job requires a new H1 - different job description and pay. Will this affect my 140 filed with the old H1?
I am on H1, 7th year extension. My Labor just got approved. About to file 140. Now my project has apparently lost funding and the employer is offering me a temp job for 6 months till my 140 gets approved so I can use the approved 140 and move. But the catch is the new job requires a new H1 - different job description and pay. Will this affect my 140 filed with the old H1?
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