vin13
01-15 11:51 AM
Before you request for your passport and withdraw your H1-B, make sure your AP documents were approved before you left India.
I have heard from several sources that your AP should be approved before you leave the country. If the approval date is a few days before you left U.S, it can be assumed that you physically recieved it before leaving.
You may want to check with an attorney to confirm this situation. In these forum, you will get personal experiences, but it may never be the exact situaton as yours.
I have heard from several sources that your AP should be approved before you leave the country. If the approval date is a few days before you left U.S, it can be assumed that you physically recieved it before leaving.
You may want to check with an attorney to confirm this situation. In these forum, you will get personal experiences, but it may never be the exact situaton as yours.
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s416504
08-13 08:26 PM
I think of refiling because I have filed without lawyar (due to Friday 06/29 rumor). I understand frustrations of fews guyes..as I am also in same boat.
div_bell_2003
03-25 09:20 PM
I used Fedex Ground , just a tad more expensive than USPS Priority ( if you add all delivery confirmation etc etc ).
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lazycis
01-24 12:38 PM
I do not think there will be any issues. It's cheaper for the company to apply for EAD renewal than for H1B extension, though...
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pappu
11-30 06:15 PM
Guys,
If one IV member moves from State A to B, what would be the process of transferring membership to state chapter?
Will it merely be a deleting datbase record from one state and adding it to another state? Or would it be again filling up survey to new state chapter..?
Thanks.
You need to invoke IV-21 :D
If one IV member moves from State A to B, what would be the process of transferring membership to state chapter?
Will it merely be a deleting datbase record from one state and adding it to another state? Or would it be again filling up survey to new state chapter..?
Thanks.
You need to invoke IV-21 :D
piyu7444
09-15 11:56 AM
Hello,
My wife got her H1B approved last year and her start date was 10/01/07. She started working towards the end of Nov. She did not get any paychecks for 2007 before Dec 31st and started getting paid only in 2008. So she did not receive a W2 for 2007. I am about to file my tax for 2007 (had filed an extension) and would like to know the following.
1: I assume this should not impact me from filing a joint return. Am I right ?
2: Would I qualify for the stimulus check for $1200 since both of us were employed in 2007 ? Since she did not get a W2, I was not sure if I would get only $600.
3: Both of us have filed for I-485 and our applications are pending approval. Would there be any problem with her I-485 in the future (like any query) since in 2007, her status was converted to H1B (from H4) and she did not get a W2 ? I am being told USCIS does a complete background check on the applicant with respect to each status he/she has had.
Thanks in advance.
For point # 3 you can always tell USCIS that she joined the company in Nov 2007. It is not required to join the co. on Oct 1 although one gets converted to h1b from h4 when you change status in US. There is something like late joining also hence no pay !
Obviously the employer should have paid her but if she is working thru a desi firm I would understand what would be the case......
I do not think this will impact your 485 as long as you have pay chqs. coming for her in continuation thereafter and w-2 for 2008 meets the Amount on h1b LCA. USCIS will generally look for w-2 and might ask for recent pay stubs.
I have been interviewed for 485 (random pick) and they did not care to look at my pay stub even when I asked them to.........
Ensure that w-2 has the correct numbers else it can be trouble.
Consult a lawyer as all the above is my experience and limited knowledge.......
Hope it helps!!
My wife got her H1B approved last year and her start date was 10/01/07. She started working towards the end of Nov. She did not get any paychecks for 2007 before Dec 31st and started getting paid only in 2008. So she did not receive a W2 for 2007. I am about to file my tax for 2007 (had filed an extension) and would like to know the following.
1: I assume this should not impact me from filing a joint return. Am I right ?
2: Would I qualify for the stimulus check for $1200 since both of us were employed in 2007 ? Since she did not get a W2, I was not sure if I would get only $600.
3: Both of us have filed for I-485 and our applications are pending approval. Would there be any problem with her I-485 in the future (like any query) since in 2007, her status was converted to H1B (from H4) and she did not get a W2 ? I am being told USCIS does a complete background check on the applicant with respect to each status he/she has had.
Thanks in advance.
For point # 3 you can always tell USCIS that she joined the company in Nov 2007. It is not required to join the co. on Oct 1 although one gets converted to h1b from h4 when you change status in US. There is something like late joining also hence no pay !
Obviously the employer should have paid her but if she is working thru a desi firm I would understand what would be the case......
I do not think this will impact your 485 as long as you have pay chqs. coming for her in continuation thereafter and w-2 for 2008 meets the Amount on h1b LCA. USCIS will generally look for w-2 and might ask for recent pay stubs.
I have been interviewed for 485 (random pick) and they did not care to look at my pay stub even when I asked them to.........
Ensure that w-2 has the correct numbers else it can be trouble.
Consult a lawyer as all the above is my experience and limited knowledge.......
Hope it helps!!
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ibmguy
04-09 07:31 PM
I think I am not going to put a fight with the department handling my immigration. I may have to go for stamping though because they may not be willing to renew AP every year as a valid visa will save then from trouble (only trouble for me). Everyone is trying to cut short on expenditure.
BTW, my name ibmguy stands for Intermittently Brainwashed and Manipulated Guy. It has nothing to do with International Business Machines.
BTW, my name ibmguy stands for Intermittently Brainwashed and Manipulated Guy. It has nothing to do with International Business Machines.
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wam4wam
03-06 01:35 PM
i did not use the fax service
i used the link from www.senate.gov
i have always gotten response when i used that link
Sen. Dewine is aware about the issue
thanks
i used the link from www.senate.gov
i have always gotten response when i used that link
Sen. Dewine is aware about the issue
thanks
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manisha5
07-17 05:45 PM
Hurrah!!! :D
You guys did it.
You guys did it.
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watzgc
02-12 07:44 PM
Thanks lazycis for ur time to reply. is it must to fill I-9 form again to use with EAD even for the same employer. My attorney says continue as it is. mm.. confusing..
Btw, one more quesitons, for my son, I-485 status says Application rejected bcoz of incorrect fee (but attorney already sent correct fee !!) and I got I-131 AP for my son. Does that mean, USCIS accepted my sons I-485 application?.
Thanks lot again.
Btw, one more quesitons, for my son, I-485 status says Application rejected bcoz of incorrect fee (but attorney already sent correct fee !!) and I got I-131 AP for my son. Does that mean, USCIS accepted my sons I-485 application?.
Thanks lot again.
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chantu
02-29 02:18 PM
Well my employer applied for 140 on "some secret date", that he will not tell us :). So I don't know when he filed. I was under impression that he filed long time back almost a year back and it is approved. Suddenly, I received RFE at my home mail (I was surprised as well my employer..that how it arrived to my address) and I found that my I140 is in limbo state. But blessing in disguise was that now I have my I140 number and A# and I can track it online.
I don't know when exactly he filed my labor too. He just gave me one page to sign on labor. so I don't know any details of that too.
I don't know when exactly he filed my labor too. He just gave me one page to sign on labor. so I don't know any details of that too.
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seahawks
09-12 10:02 AM
remember when you get your new passport in 2007, carry the new passport and the old passport with you when you travel because the valid visa will still be in your old passport.
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talduk
March 24th, 2005, 04:04 AM
Thank so much for your reply. However, this was my first attempt with the camera so I used new batteries (six). Nontheless, I will try to change it.
Thanks.
Thanks.
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h1bnogc
08-28 10:20 PM
Hi,
I had the same issue. I did not pay attention what I-94 expiration date was stamped by the officer in JFK airport. I had my visa expired earlier than my approved H1B status.
I was able to fix it couple weeks later at home in Tampa Airport with US Customs and Border Protection. Make sure that you make appointment with them before you go to your nearest international airport. They will take you to secured area where they do all immigration paperwork. See U.S. Customs and Border Protection - Contacts (http://www.cbp.gov/xp/cgov/toolbox/contacts/deferred_inspection/)
Next time, check the expiration I 94 date before you leave an immigration officer counter at the port of entry. This year, when I came back from vacation, the Immigration Officer at Atlanta airport did the same mistake. I told him that's not right and he fixed it.
There are 2 dates on your visa stamp:
1) Visa expiration date
2) H1B status expiration date.
Basically u do not need to show them 797 approved form because they can see all info on your visa stamp. But carry 797 with you just in case.
Misha: how did you convince POE in second time? Thanks for sharing this...
I had the same issue. I did not pay attention what I-94 expiration date was stamped by the officer in JFK airport. I had my visa expired earlier than my approved H1B status.
I was able to fix it couple weeks later at home in Tampa Airport with US Customs and Border Protection. Make sure that you make appointment with them before you go to your nearest international airport. They will take you to secured area where they do all immigration paperwork. See U.S. Customs and Border Protection - Contacts (http://www.cbp.gov/xp/cgov/toolbox/contacts/deferred_inspection/)
Next time, check the expiration I 94 date before you leave an immigration officer counter at the port of entry. This year, when I came back from vacation, the Immigration Officer at Atlanta airport did the same mistake. I told him that's not right and he fixed it.
There are 2 dates on your visa stamp:
1) Visa expiration date
2) H1B status expiration date.
Basically u do not need to show them 797 approved form because they can see all info on your visa stamp. But carry 797 with you just in case.
Misha: how did you convince POE in second time? Thanks for sharing this...
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Aah_GC
06-19 07:42 AM
Are you talking about I485? This document is mandatory - why don't you either ask your lawyer for a copy or call up USCIS and explain the case. I think there is an email address that folks here can share with you.
Another option would be to send your Online status (from USCIS website), either way - I recommend you get your I485 receipt and then scan all your documents and email it to yourself for future use.
My I-486 Receipt Notice was lost in mail. So I don't have the Receipt notice to send.
This is for an EAD Renewal.
Is it ok if I don't send the I-485 Receipt copy ?
-Bipin
Another option would be to send your Online status (from USCIS website), either way - I recommend you get your I485 receipt and then scan all your documents and email it to yourself for future use.
My I-486 Receipt Notice was lost in mail. So I don't have the Receipt notice to send.
This is for an EAD Renewal.
Is it ok if I don't send the I-485 Receipt copy ?
-Bipin
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a_yaja
10-07 01:47 PM
My H1B expire on 9/30 as well as my I-94 also expires 9/30. Some how I miss my H1B extenction. I have EAD that is valid until next year mid. I am working right now what is my current status? Is they any way still i can extend my H1B.
My employer is saying there is no way to extend H1B after crossing the last date. You have to work on EAD.
But my question my I94 is expired on 9/30 then what is my current staus.
thanks in advance.
You need to file a new I-9 with EAD as condition of employment ASAP. Otherwise you are working without authorization as your H1B has expired. As far as status is concerned, you are good as you are on AOS, but file the new I-9 (with HR dept. of your employer) quickly to avoid possible complications in your GC process.
My employer is saying there is no way to extend H1B after crossing the last date. You have to work on EAD.
But my question my I94 is expired on 9/30 then what is my current staus.
thanks in advance.
You need to file a new I-9 with EAD as condition of employment ASAP. Otherwise you are working without authorization as your H1B has expired. As far as status is concerned, you are good as you are on AOS, but file the new I-9 (with HR dept. of your employer) quickly to avoid possible complications in your GC process.
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DSLStart
07-29 11:22 AM
He did ask me who filed for the GC so he knew mine was EB case.
Elaine,
Is there any document on USCIS website that clearly states that EB AP holder's can visit outside US and return without need of emergency?
thanks,
The officer you met did not know the difference between AP applied on humanitarian grounds and AP applied based on pending I-485.
My wife entered NEWARK after 6 months in India ( using I-485 based AP) and no questions were asked although the waiting time inside the secondary inspection room was really long.
Elaine,
Is there any document on USCIS website that clearly states that EB AP holder's can visit outside US and return without need of emergency?
thanks,
The officer you met did not know the difference between AP applied on humanitarian grounds and AP applied based on pending I-485.
My wife entered NEWARK after 6 months in India ( using I-485 based AP) and no questions were asked although the waiting time inside the secondary inspection room was really long.
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justAnotherFile
07-17 08:12 PM
Thank you Emilio, for admitting the shortcomings and correcting the wrong.
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go_guy123
07-14 09:51 AM
easy way out :) mexico to san diego
Another addition....Mexico to San Diego and claim to be Cuban.....and GC is on the way.
Another addition....Mexico to San Diego and claim to be Cuban.....and GC is on the way.
siddar
01-05 04:40 PM
If she has the H4 stamped, with the validity 06/09 then she can enter using the H4.
my 2 cents.
my 2 cents.
valuablehurdle
09-11 04:15 PM
http://www.livemint.com/2007/09/11122655/Indian-IT-professionals-in-US.html
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