gc28262
12-16 12:02 PM
I have a valid H1 till 2012. As my company was going lean during the recession they asked me to work in India (no office in India - was working at home) for 1 year. Now they want me back in US. I am planning to get back in Feb 2010. I was not on payroll for 2009. My company transferred an amount every month to my indian bank account. My questions -
1. At the Point of Entry (POE) will they ask me why i was out of US for 1 year? - what should i tell them - will "health reasons" work?
3. Will they ask for payroll or W2 for 2009?
2. Will they ask me any sort of documents - other than I797?
Heard that POE's at Washington, Chicago are pretty strict - can someone please suggest a POE that i should choose.
Thanks in advance.
You need to have paystubs for the period you were present in US on H1B. You don't need paystub for the period you were in India.
Your H1B is still valid.
I guess that answers part of your question.
1. At the Point of Entry (POE) will they ask me why i was out of US for 1 year? - what should i tell them - will "health reasons" work?
3. Will they ask for payroll or W2 for 2009?
2. Will they ask me any sort of documents - other than I797?
Heard that POE's at Washington, Chicago are pretty strict - can someone please suggest a POE that i should choose.
Thanks in advance.
You need to have paystubs for the period you were present in US on H1B. You don't need paystub for the period you were in India.
Your H1B is still valid.
I guess that answers part of your question.
gotgc?
11-19 01:07 PM
H1 renewal i can understand but you need not apply for h4 renewal if your wife is working on EAD. Because if she wants to come back on h4, she always can and does not need h4 to be renewed now.
did you check with your attorney, if she absolutely has to do h4 renewal.
I understand that H4 Renewal is not really required; but if something happens to our AOS, then I will be on H1 and she willl be out of status and has to go out of country and come back on H4. Its always good to maintain both of our NIV status and also it helps to get 3 year DL renewal etc...
did you check with your attorney, if she absolutely has to do h4 renewal.
I understand that H4 Renewal is not really required; but if something happens to our AOS, then I will be on H1 and she willl be out of status and has to go out of country and come back on H4. Its always good to maintain both of our NIV status and also it helps to get 3 year DL renewal etc...
karthik_may
07-18 07:01 PM
No change in address since 2002..
Yes. Printed the status of pending with timestamp.. I just checked case tracking website and still shows pending.
The biggest frustration is we have lost 2 years due to lack of information.
Would contacting IO using InfoPass be a issue here? My attorney does not want to contact IO, as he is afraid that might confuse the case..
Yes. Printed the status of pending with timestamp.. I just checked case tracking website and still shows pending.
The biggest frustration is we have lost 2 years due to lack of information.
Would contacting IO using InfoPass be a issue here? My attorney does not want to contact IO, as he is afraid that might confuse the case..
zulo1715
10-20 04:34 PM
Hello,
I got my I-485 approval today, but my situation is a little complicated. I'm gonna explain that to you, and I appreciate your comments and thoughts.
My I-140 got approved two months ago, but the sad part is that I lost my job the day after I got my I-140 approval. My employer told me that it was because of the lack of projects, and I'd be back as soon as they got a new project (I don't think that happens soon; actually, I'm not counting on that). I was also told that they would not cancel my GC application (i.e. they won't revoke my I-140), and they would help me even if an RFE was raised to ask for an employment letter. Fortunately enough looks like I've not been out of status since I lost my job (I already filed my I-485 and got the approval for I-140 when I lost my job).
OK! here's what I'm worried about. My lawyer told me that as soon as I get my green card, I'm all set. He told me so when I asked him what would happen if I just wait for my GC approval and not to work for any other employer before then. I even have my EAD, but I decided not to go for another employer to make sure that I'm not raising a flag before getting my GC (that would be fine if I passed more than 180 days after my I-485 approval with an approved I-140). I know that some guys here say it's better (or even it's needed) to work for the company who sponsored your GC 6 months to one year after getting green card in order not to have an issue when applying for citizenship, but the thing is that my company doesn't have any project right now.
- Is there anything I can do to make sure that I'll be safe and sound in the future? What do I need to do now to make sure that my citizenship process in futute is OK?
- Is there anything that the sponsoring company can do regarding this; I mean help me out?
- Can I work for another employer now that I have my GC in hand?
Thank you,
I got my I-485 approval today, but my situation is a little complicated. I'm gonna explain that to you, and I appreciate your comments and thoughts.
My I-140 got approved two months ago, but the sad part is that I lost my job the day after I got my I-140 approval. My employer told me that it was because of the lack of projects, and I'd be back as soon as they got a new project (I don't think that happens soon; actually, I'm not counting on that). I was also told that they would not cancel my GC application (i.e. they won't revoke my I-140), and they would help me even if an RFE was raised to ask for an employment letter. Fortunately enough looks like I've not been out of status since I lost my job (I already filed my I-485 and got the approval for I-140 when I lost my job).
OK! here's what I'm worried about. My lawyer told me that as soon as I get my green card, I'm all set. He told me so when I asked him what would happen if I just wait for my GC approval and not to work for any other employer before then. I even have my EAD, but I decided not to go for another employer to make sure that I'm not raising a flag before getting my GC (that would be fine if I passed more than 180 days after my I-485 approval with an approved I-140). I know that some guys here say it's better (or even it's needed) to work for the company who sponsored your GC 6 months to one year after getting green card in order not to have an issue when applying for citizenship, but the thing is that my company doesn't have any project right now.
- Is there anything I can do to make sure that I'll be safe and sound in the future? What do I need to do now to make sure that my citizenship process in futute is OK?
- Is there anything that the sponsoring company can do regarding this; I mean help me out?
- Can I work for another employer now that I have my GC in hand?
Thank you,
more...
american_dreams
08-27 10:35 PM
My(dependant) EAD is still pending while primary's EAD was approved on 8/19 by TSC.
Anybody out there with Self and Spouse EAD Card approved from NSC, but Self actual physical EAD card arrived but Spouse physical EAD card did not arrive at the usual time say 5 days after approval.
Usually I have seen both arrive at the same time. Please comment. Thanks.
I ahve also heard about cards being stolen from the Kentucky facility. So, anybody out there who had to file for a replacement card for self or spouse.
Anybody out there with Self and Spouse EAD Card approved from NSC, but Self actual physical EAD card arrived but Spouse physical EAD card did not arrive at the usual time say 5 days after approval.
Usually I have seen both arrive at the same time. Please comment. Thanks.
I ahve also heard about cards being stolen from the Kentucky facility. So, anybody out there who had to file for a replacement card for self or spouse.
austingc
09-01 10:21 AM
Thank you for your help in this regard. My attorney submitted
1. Expert Opinion Letter
2. University Letter
and the I-140 RFE was cleared in 2 days and got the approval today (per USCIS case status).
Mine was PP.
That’s great news. Congratulations.
1. Expert Opinion Letter
2. University Letter
and the I-140 RFE was cleared in 2 days and got the approval today (per USCIS case status).
Mine was PP.
That’s great news. Congratulations.
more...
thokar
08-19 12:03 AM
I think depends on how many ears old your priority date is? I mean if your priority date is letz say 5 years old and today you are joining / getting promote to manager then yes you can. Every one know as time goes any skilled person will get promote or get into higher level...
But there is a IF clouse here... the new company should willing to give a letter saying that you have same similar job and also YOU HAVE ADDITIONAL RESPONSIBILITIES as specified in your exp'e letter....
Hope you got.. as long as company willing to give you exp'e letter with responsbilites then you are cover... in adition to that you got to have good Immigration attorney too...
Thanks...
But there is a IF clouse here... the new company should willing to give a letter saying that you have same similar job and also YOU HAVE ADDITIONAL RESPONSIBILITIES as specified in your exp'e letter....
Hope you got.. as long as company willing to give you exp'e letter with responsbilites then you are cover... in adition to that you got to have good Immigration attorney too...
Thanks...
maddipati1
02-04 04:30 PM
has anyone requested USCIS to send AP via Fedex/UPS?
I am thinking of sending USCIS a Fedex return envelope so that they can use that instead of regular USPS mail.
has anyone done this successfully?
would help me a lot
thanks
I am thinking of sending USCIS a Fedex return envelope so that they can use that instead of regular USPS mail.
has anyone done this successfully?
would help me a lot
thanks
more...
helpmeExperts
02-14 04:09 PM
what if 140 is approved, have got EAD card but dont want to use EAD until 485 gets approved?
Madhuri
09-01 04:05 PM
me too. I am a big fan of bee, logiclife, sunjoshi.
i m a big fan of the bee and ragz4u and sunjoshi
of course these daysi m interacting only with pappu...getting his "kangi" all set up
i m a big fan of the bee and ragz4u and sunjoshi
of course these daysi m interacting only with pappu...getting his "kangi" all set up
more...
h1denied
03-16 08:17 AM
I was working with Employer-A till 30/Nov/08 and then filed H1 transfer with employer-B. I started working with Employer B on Dec/08/08 as we received the receipt.
My H1B visa transfer with Employer-B was denied on Mar/02/2009 as the contract between Employer-B and Client was not signed by Client.
My current H1B transfer is denied and previous H1B and I-94 is expired.
Current H1B transfer:
Start date: Nov-21-08,
RFE received: Dec-30-08,
RFE responded: Feb-06-09
RFE expiry date: Feb-10-09
Received Denial: Mar-02-09.
Previous H1B with Employer-A expired: Jan-31-09.
I-94 expired: Feb-10-2009.
What are my options? I believe that I am out of status since Mar/02/09 (Denial date). Is there any way that I can stay on H1 status in US? I think H1 transfer is not possible as my current H1 is denied and previous H1 is expired. Can anyone confirm?
If any new employer sponsors H1 for me with premium processing (I think I dont need to go through 2009 lottery system as I have already got H1 in 2006 cap), Is it legal for an employer to sponsor new H1B when beneficiary is out of status in US? Should I leave US and then my new employer can file fresh H1 using same 2006 cap so I dont need to go trhough 2009 lottery. Which is the good option? Should I stay in US or India while filing new H1? Within how much time should I leave the country? Is it ok to overstay for 15-20 days after denial?
Please guide me asap. Thanking you in advance!
My H1B visa transfer with Employer-B was denied on Mar/02/2009 as the contract between Employer-B and Client was not signed by Client.
My current H1B transfer is denied and previous H1B and I-94 is expired.
Current H1B transfer:
Start date: Nov-21-08,
RFE received: Dec-30-08,
RFE responded: Feb-06-09
RFE expiry date: Feb-10-09
Received Denial: Mar-02-09.
Previous H1B with Employer-A expired: Jan-31-09.
I-94 expired: Feb-10-2009.
What are my options? I believe that I am out of status since Mar/02/09 (Denial date). Is there any way that I can stay on H1 status in US? I think H1 transfer is not possible as my current H1 is denied and previous H1 is expired. Can anyone confirm?
If any new employer sponsors H1 for me with premium processing (I think I dont need to go through 2009 lottery system as I have already got H1 in 2006 cap), Is it legal for an employer to sponsor new H1B when beneficiary is out of status in US? Should I leave US and then my new employer can file fresh H1 using same 2006 cap so I dont need to go trhough 2009 lottery. Which is the good option? Should I stay in US or India while filing new H1? Within how much time should I leave the country? Is it ok to overstay for 15-20 days after denial?
Please guide me asap. Thanking you in advance!
seahawks
10-25 11:14 PM
bump, bump and bump
more...
bbct
03-14 05:15 PM
Which service center did you file your I-485 and how come your I-485 was denied by a local USCIS officer? Are you were called for an interview?
Please help! My I-485 was denied by a local USCIS officer because of visa availability. My case is EB2 PERM based and I filed I-485 in July 2007 when the visa number was available.
Apparently USCIS made a mistake if they have any knowledge of the wellknown visa bulletin fiasco of July 2007 (Visa bulletiin No. 107). What should I do to correct this? If I file a motion to reopen (MTR), it will cost me $1500 legal fee+$585 filing fee. Any suggestions are really appreciated.
Here is what it said:" At the time you filed your I-485, the Visa Bulletin of the Department of State provided that the employment based visas were unavailable for persons in your category. Section 245.2 of title 8 of the Code of Regulations (CFR) states, in part:'an immigration visa must be immediately available in order for an alien to properly file an adjustment application under section 245 of the Act," ...
Please help! My I-485 was denied by a local USCIS officer because of visa availability. My case is EB2 PERM based and I filed I-485 in July 2007 when the visa number was available.
Apparently USCIS made a mistake if they have any knowledge of the wellknown visa bulletin fiasco of July 2007 (Visa bulletiin No. 107). What should I do to correct this? If I file a motion to reopen (MTR), it will cost me $1500 legal fee+$585 filing fee. Any suggestions are really appreciated.
Here is what it said:" At the time you filed your I-485, the Visa Bulletin of the Department of State provided that the employment based visas were unavailable for persons in your category. Section 245.2 of title 8 of the Code of Regulations (CFR) states, in part:'an immigration visa must be immediately available in order for an alien to properly file an adjustment application under section 245 of the Act," ...
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.
more...
gsc999
11-17 04:09 PM
I do not think that the nuclear deal with India belongs at the Green Card retrogression part, unless this is a site for Indians only.
--
I am Indian too but I have to agree this post doesn't belong here.
Diverts attention and divides members.
--
I am Indian too but I have to agree this post doesn't belong here.
Diverts attention and divides members.
gc_seeker_2001
02-01 12:31 AM
Thanks everyone for the feedbacks. My EB2 I40 has not been approved, as it was filed only a month back.
From your responses it seems like sticking with EB-3 is better right?
When I checked with my lawyer (current company) they mentioned that, along with EB-2 I40 application, they have put a request to adjudicate the pending AOS based on the earliest priority date (EB2). They are also planning to do the same after, EB2 I-140 gets approved. I didn't expect them to do this along with I-140 filing. Had they waited till I-140 approval, they could have made a better decision to stick with EB3 or put a request to adjudicate AOS based on EB2 depending upon the state of the priority dates at that time :(
I am planning to check with the lawyer, if they can withdraw the EB2 I-140.
From your responses it seems like sticking with EB-3 is better right?
When I checked with my lawyer (current company) they mentioned that, along with EB-2 I40 application, they have put a request to adjudicate the pending AOS based on the earliest priority date (EB2). They are also planning to do the same after, EB2 I-140 gets approved. I didn't expect them to do this along with I-140 filing. Had they waited till I-140 approval, they could have made a better decision to stick with EB3 or put a request to adjudicate AOS based on EB2 depending upon the state of the priority dates at that time :(
I am planning to check with the lawyer, if they can withdraw the EB2 I-140.
more...
bowbow
10-29 12:01 PM
My FP was done on 10/17 but no LUD.how often they update status online?
We gave for fingerprints 5 days back but our LUD on I-485 is not yet updated. Is this common?
I-485 receipts from NSC.
Most of my friends LUD is updated within 2 days of giving finger prints.
Please post your experiences.
We gave for fingerprints 5 days back but our LUD on I-485 is not yet updated. Is this common?
I-485 receipts from NSC.
Most of my friends LUD is updated within 2 days of giving finger prints.
Please post your experiences.
nirupama.reddy90
01-15 10:54 PM
Hi,
I got laid off in dec-08, my H1B visa got extended till 2011, but stamp in passport was expired sept-30th. I got my W2 good for last year and have got pay stubs till dec month. Now i am in need of visiting India, I have to get my stamp renewed in India.
As I am on job at present, I can not produce any client letter at consulate in case if they ask.
Will there be any issues which I may come across, please help me if you have any experiences.
thanks in advance.
Niru
I got laid off in dec-08, my H1B visa got extended till 2011, but stamp in passport was expired sept-30th. I got my W2 good for last year and have got pay stubs till dec month. Now i am in need of visiting India, I have to get my stamp renewed in India.
As I am on job at present, I can not produce any client letter at consulate in case if they ask.
Will there be any issues which I may come across, please help me if you have any experiences.
thanks in advance.
Niru
maverick80
01-30 11:37 PM
anyone? Any help would be appreciated here.
mirage
07-05 12:40 PM
It is even better. Atleast we'll get the media attn..
gc_on_demand
04-22 11:12 AM
Hello Folks
I had valid stamp till 2011 but at POE I was given H1b till Nov 2010. My lawer told me that person at POE may have made mistake. My old stamp has validity Nov 2007. So he may have overlooked and give me 3 years stay based on that stamp. ( US consulate didont put dark stamp ( Cancelled without prejuidice ) . It was just marked with pen.
Now my 6th year will expire in Nov 2011. I have I 140 approved. so when I apply for H1b ext in Nov 2010 will I get 3 years or just till Nov 2011 and then again new extention for 3 years ?
I had valid stamp till 2011 but at POE I was given H1b till Nov 2010. My lawer told me that person at POE may have made mistake. My old stamp has validity Nov 2007. So he may have overlooked and give me 3 years stay based on that stamp. ( US consulate didont put dark stamp ( Cancelled without prejuidice ) . It was just marked with pen.
Now my 6th year will expire in Nov 2011. I have I 140 approved. so when I apply for H1b ext in Nov 2010 will I get 3 years or just till Nov 2011 and then again new extention for 3 years ?
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