dingudi
05-22 03:12 PM
per my lawyer you can come back from EAD to H1 by filing a new H1 petition (if its past 6 years on H1, then you need some basis like approved I-140 or old LC). You will need to leave the US and return to activate the H1. So thats always an option if you jump to EAD.
In your case, you can still file a H1 transfer, if it comes without an I-94 attached (meaning H1 got transferred, but status was not activated which typically happens when last H1 status ended more than a couple of weeks ago like in your case) all you need to do is leave the US and return some PoE where you will get hte new I-94
You cannot come back on H1 once you cross 6 years and you have switched to EAD. For you to get H1 extensions beyond 6 years based on pending GC , you should already be in H status. If you are not in H status (e.g. EAD or some other status) then you cannot get H without being outside for 1 year and being counted in quota again.
In your case, you can still file a H1 transfer, if it comes without an I-94 attached (meaning H1 got transferred, but status was not activated which typically happens when last H1 status ended more than a couple of weeks ago like in your case) all you need to do is leave the US and return some PoE where you will get hte new I-94
You cannot come back on H1 once you cross 6 years and you have switched to EAD. For you to get H1 extensions beyond 6 years based on pending GC , you should already be in H status. If you are not in H status (e.g. EAD or some other status) then you cannot get H without being outside for 1 year and being counted in quota again.
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Ramba
11-18 07:14 PM
I must say Ron Rocks! See his post on his forums thread....
http://immigration-information.com/forums/showpost.php?p=24864&postcount=8
Hope this will help you to understand this issue further.
The post by Ron may be reasonable to compare, but it is not very correct. The main important thing is that the occupation classification of new job (onet classification) should be same or similar to old job. The same or similarity determination is based on comparing job descripion/duties of both jobs. The salary of the new job should be equal or more than prevailing wage for that occupation in the same level of orignal one in the area of new job. The prevailing wage can be obtained for a area, and for a level, in DOL web site.
For example, lets say prevailing wage of a software engineer level 2 in TX is 75K and for Bay area in CA is 120K. If a guy works for fortune 500 in TX and moves to small bussiness in bay area, still he/she has to meet the PW in that area. The AC21 job change from TX to CA should satisfy the PW in CA irrespective of employer size.
The justification of wage difference based on employer size and profit will not work.
http://immigration-information.com/forums/showpost.php?p=24864&postcount=8
Hope this will help you to understand this issue further.
The post by Ron may be reasonable to compare, but it is not very correct. The main important thing is that the occupation classification of new job (onet classification) should be same or similar to old job. The same or similarity determination is based on comparing job descripion/duties of both jobs. The salary of the new job should be equal or more than prevailing wage for that occupation in the same level of orignal one in the area of new job. The prevailing wage can be obtained for a area, and for a level, in DOL web site.
For example, lets say prevailing wage of a software engineer level 2 in TX is 75K and for Bay area in CA is 120K. If a guy works for fortune 500 in TX and moves to small bussiness in bay area, still he/she has to meet the PW in that area. The AC21 job change from TX to CA should satisfy the PW in CA irrespective of employer size.
The justification of wage difference based on employer size and profit will not work.
kvsagar22
02-15 10:57 AM
I applied my first H1B extension through my company in June 2008. On 11th Feb, I received REF. I am very much tense about it. Since I am out of project. I got cleared my I 140 with this company in July 2008.
I applied H1B transfer(Normal process) also in October 2008 to other company . This one is still pending.
I am very much tense about my status. Please suggest me what to do?
Is it better to answer to RFE for first company?
or
Can I do PP with second company? or else any better thing?
Thanks
Vidya
I applied H1B transfer(Normal process) also in October 2008 to other company . This one is still pending.
I am very much tense about my status. Please suggest me what to do?
Is it better to answer to RFE for first company?
or
Can I do PP with second company? or else any better thing?
Thanks
Vidya
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vactorboy29
06-30 04:06 PM
I have applied for I -140 (EB2) but I am with 10+Diploma(3 years) +Bachelors of Electronics from Mumbai Univerisity(3 years).
Is it considered 4 year degree and good for EB2 along with prior 5 years of experience?
Thanks
I have same credential in Mechanical engineering. I got 140 approved last year. don�t worry .You will be fine.
Is it considered 4 year degree and good for EB2 along with prior 5 years of experience?
Thanks
I have same credential in Mechanical engineering. I got 140 approved last year. don�t worry .You will be fine.
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lazycis
02-29 11:34 AM
mallu is right. H1B status expires immediately when a person stops working. An employer is required by law to notify the USCIS about a lay off and the USCIS revokes H1B as of that date. There is no grace period, so the only chance to preserve H1 status is to find a new job and file H1B transfer BEFORE the lay off. Preserving I-485 is a different story and you are in a good shape regarding GC. Just find a new job, use EAD and stop worrying about H1 status. It does not worth the hassle and you may not get any benefits from H1.
kaisersose
08-24 11:02 AM
My wife will be on H1(currently on H4) october onwards...we received our EAD's yesterday. Can I still go and apply for SSN? I mean will that mean she is on EAD and H1 no longer valid?
Not simply because she applied for her SSN.
The EAD kicks in, once her employer fills out her I-9 using her EAD as permission to work inside the US. If she holds multiple jobs, then entering EAD into one I-9 will mean she has to ensure that she has all her I-9s from all employers updated to the EAD.
At this point, the H-1b is no longer used, but does not get cancelled (unless the employer revokes it). It just goes dormant and can be revived again by filing an extension. Another way is to go out of the country and return using the H-1b visa.
Not simply because she applied for her SSN.
The EAD kicks in, once her employer fills out her I-9 using her EAD as permission to work inside the US. If she holds multiple jobs, then entering EAD into one I-9 will mean she has to ensure that she has all her I-9s from all employers updated to the EAD.
At this point, the H-1b is no longer used, but does not get cancelled (unless the employer revokes it). It just goes dormant and can be revived again by filing an extension. Another way is to go out of the country and return using the H-1b visa.
more...
jnagendra
06-19 06:29 PM
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1804 Oaktree Road #3
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(732) 494-0080
Dr Shefali S Patel M.D.
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1804 Oaktree Road #3
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(732) 494-0080
You can call and go in
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kshitijnt
10-07 02:55 PM
Or take non stop flights from JFK/EWR for east coast ppl.
Yup even air india has non stop to both del and bom from JFK. Or fly jet airways. Why are we paying virgin atlantic and BA for just their pomp?
Yup even air india has non stop to both del and bom from JFK. Or fly jet airways. Why are we paying virgin atlantic and BA for just their pomp?
more...
Immi_Chant
06-04 01:29 PM
Congrats Salawrene !!! Your GC journey is quite encouraging for the folks who are still in this limbo, like me.
- Immi_Chant
- Immi_Chant
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virens
09-26 03:11 PM
My application reached USCIS on Aug 14th.
How do you guys get to track the status online, do you get the receipt and then track it online.
I am from arizona and dont know which place my lawyer filed the I 485 app with EAD and AP. Is it that applications from arizona go to a specific location so that i can go to USCIS website and get some approximate date.
Please do let me know.
Thanks.
Yes, you create an online account on https://egov.uscis.gov/cris/jsps/login.jsp with the provided receipt numbers.
You can also choose to get email notifications every time there is a change in status for any of your applications.
How do you guys get to track the status online, do you get the receipt and then track it online.
I am from arizona and dont know which place my lawyer filed the I 485 app with EAD and AP. Is it that applications from arizona go to a specific location so that i can go to USCIS website and get some approximate date.
Please do let me know.
Thanks.
Yes, you create an online account on https://egov.uscis.gov/cris/jsps/login.jsp with the provided receipt numbers.
You can also choose to get email notifications every time there is a change in status for any of your applications.
more...
nk2
06-04 11:24 PM
How do I send FAX..Please guide me through
http://immigrationvoice.org/index.php?option=com_iv_webfax&task=getContactDetails&Itemid=46
http://immigrationvoice.org/index.php?option=com_iv_webfax&task=getContactDetails&Itemid=46
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dvb123
12-03 07:31 PM
I think it will effect cases that are not adjudicated also. However u better check with ur lawyer.
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diptam
10-16 12:38 PM
Folks i got a LUD on my AP 7 days back and again LUD 5 days back. But the status didn't change nor i get any letter of so far.
Does this means i'm on my way to a RFE :) If they send RFE does that gets reflected on the Online Status ??
Thanks much!
I had the exact same RFE. I'm on H1 since 1998, and you can imagine how many times I have left and entered USA. I have about 8 H1B extensions. Here's what I sent...
1). Cover Letter stating list of document to show evidence of law ful status in US.
2). I-94 card issued by CBP at the last port of entry.
3). ALL the H1B extension notices issued by USCIS. Its important that there are no gaps in dates on the extension/change of status notices.
4). passport copy containing all US visas and entry and exit stamps.
5). A document explaining the entry and exit dates matching the stamps in the passport.
6). Few pay stubs from the current H1B/green card employer that you are currently working.
7). Few W-2s for last few years.
Usually the I-94 that is on the extension of stay issued by USCIS is the same number thats issued by CBP at the Port of Entry. So, USCIS should be able to match the entry and exit information and extension of stay notices
I'm sure they know that one surrenders the white I-94 card when they leave US.
Does this means i'm on my way to a RFE :) If they send RFE does that gets reflected on the Online Status ??
Thanks much!
I had the exact same RFE. I'm on H1 since 1998, and you can imagine how many times I have left and entered USA. I have about 8 H1B extensions. Here's what I sent...
1). Cover Letter stating list of document to show evidence of law ful status in US.
2). I-94 card issued by CBP at the last port of entry.
3). ALL the H1B extension notices issued by USCIS. Its important that there are no gaps in dates on the extension/change of status notices.
4). passport copy containing all US visas and entry and exit stamps.
5). A document explaining the entry and exit dates matching the stamps in the passport.
6). Few pay stubs from the current H1B/green card employer that you are currently working.
7). Few W-2s for last few years.
Usually the I-94 that is on the extension of stay issued by USCIS is the same number thats issued by CBP at the Port of Entry. So, USCIS should be able to match the entry and exit information and extension of stay notices
I'm sure they know that one surrenders the white I-94 card when they leave US.
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krishnam70
04-14 11:47 AM
I just received the following email from TSC. case status is also updated with a hard LUD. It seems like TSC online system is working again!!!!!!!
receipt Number: SRC07******
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Card production ordered.
On April 9, 2009, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
- cheers
kris
receipt Number: SRC07******
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Card production ordered.
On April 9, 2009, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
- cheers
kris
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05-24 01:34 PM
Sent from South Florida
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maheshf
01-25 09:18 AM
Thanks Buran ..this is very helpful. I will lets school know and keep you posted with what they say.
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raysaikat
04-05 06:06 PM
If it is your home address you are talking about, then the RFE is very likely unrelated to the address change.
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justAnotherFile
03-07 02:34 PM
Hi,
Doesn't the recent USCIS Yates memo (the same one that said that H4 time will not be counted against 6 year H1 limit), also say that dependen children will be granted a GC if they were under 21 at the time of filing the petition? They need not necessarily be under 21 at the time the petition is approved...
not completely sure.. please check or ask a attorney...
Doesn't the recent USCIS Yates memo (the same one that said that H4 time will not be counted against 6 year H1 limit), also say that dependen children will be granted a GC if they were under 21 at the time of filing the petition? They need not necessarily be under 21 at the time the petition is approved...
not completely sure.. please check or ask a attorney...
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mnkaushik
03-02 09:10 AM
You dont have to pay any taxes for tranfering money. It looks like you are supporting your parents by transfering your savings to their account.
Since the account is in your parents name and i am guessing you are not a jt holder since that is illegal in india. A NRI and indian resident cannot be joint holders of an account.
If you were transferring it to your nre or nro account in India then you are supposed to report the account information using FBIR form( if sum of amount in all acounts > $10K) and pay taxes in US on the interest earned in those accounts.
I was not doing it initially but for past 5 years i have been paying taxes and past three years reporting all my accounts to IRS.
Hope this helps.
Since the account is in your parents name and i am guessing you are not a jt holder since that is illegal in india. A NRI and indian resident cannot be joint holders of an account.
If you were transferring it to your nre or nro account in India then you are supposed to report the account information using FBIR form( if sum of amount in all acounts > $10K) and pay taxes in US on the interest earned in those accounts.
I was not doing it initially but for past 5 years i have been paying taxes and past three years reporting all my accounts to IRS.
Hope this helps.
rsk73
08-19 08:24 AM
Thank you all for your suggestions and they are helpful.
I would wait for one or two months for the next FY visa bulletins and decide on starting my new labour in EB2.
Thank you again.
I would wait for one or two months for the next FY visa bulletins and decide on starting my new labour in EB2.
Thank you again.
vgayalu
02-28 03:48 PM
Friends,
Guys at DC and others also working very well on this issue. Thanks alot.
I am encouraging all my friends to contribute in addition to my self.
Please spread this to all of our H1 or L1 holders.
Vgayalu.
Guys at DC and others also working very well on this issue. Thanks alot.
I am encouraging all my friends to contribute in addition to my self.
Please spread this to all of our H1 or L1 holders.
Vgayalu.
