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  • eb3_nepa
    07-21 09:49 AM
    EB3_NEPA

    As Far I as know we cannot have 2 Visas at the same time. The logic behind this is, L1 Visa is specifically meant for Company Transfer and you need to be having at least 1 year in the Company even before applying for L1 Visa.

    And coming to having H1 simultaneously is not possible as you will be doing a transfer from H1 to L1 as you are still in the country and your H1 visa becomes invalid. Also the 6 year limit applies to both the period spent on H1 and L1.

    If you would require to start afresh , then you need to go back the country and get fresh L1 visa stamped and that would be valid for 6 years...

    I was in the same situtation and had to transfer from L1 to H1 as I did not want to go through the Visa appointment hassles.

    Hope this helps...

    :( That sucks, but thanks for the info.





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  • styrum
    03-14 03:17 PM
    You can travel back to India on an expired US VISA also.
    As long as you are travelling back to india (Country of citizenship)
    I did that last yr

    someone posted link to German Cosul in LA, which states this clearly...

    http://www.germany.info/relaunch/info/consular_services/visa/transit.html





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  • EndlessWait
    06-18 04:54 PM
    Mr. EndlessWait -

    You extended your status, not visa. Please get your basics correct.

    1. Nonimmigrant Visa number
    Visa Number for the last issued visa (does not matter if is expired)
    2. Date Visa Issued
    Date of Issue for Visa in #1
    3. Consulate Where Visa was Issued.
    Place of Issue for Visa in #1

    Good Luck


    Please check and verify details with your attorney/lawyer. This is NOT a legal advice.

    ----------------------------------
    Permanent Resident since May 2002

    Is the visa number the red colored number on the visa stamp or something else?

    thanks





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  • realist
    11-19 08:28 AM
    I have a similar situation, I would like for my brother to come here on a visitor's visa. He is an engineer and is currently working in a University. It would greatly help if you could share your experience on how and if you were successful in getting the visa



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  • GC_1000Watt
    12-11 03:03 PM
    Pls. find the answers in red ink below. Also, all the answers are based on personal experience.

    Can I work while the case is appealed?

    No. You cannot unless you have a back - up of EAD.




    How do I transfer to a new employer E2 (Premium Processing) and when can I apply for the new h1b (after the case is appealed or any time)?

    There is no way you can transfer you H1-B as you old one has already expired. The only way left is applying for a new H1-b, according to my lawyer, the sooner the better. The new H1-b mostly will be a consulate case. Meaning, even though you are approved, it will be only activated once you go for visa stamping.




    What are the chances of approvals in Premium processing in Current Markethttp://images.intellitxt.com/ast/adTypes/2_bing.gif (http://immigrationvoice.org/forum/#)?

    No idea.


    Can I start working once the receipt for the new h1b petition comes in?

    No, you can only start working once it is acitvated. Meaning, once u get it stamped if it is approved as a consulate case.

    If not, can I work once the h1 is approved or should I go to India (http://immigrationvoice.org/forum/#) and reenter to start working?

    If consulate case, then you will have to get it stamp to start working.

    Can i transfer my approved I140 to a new employer ?

    I guess, if you have filed I-485 which is already past 180 days. (Check with ur lawyer)

    I will really appreciate your feedback on this.


    Again, I am not a lawyer. All the above answers are based on personal experience. Hope it helps. All the very best.

    Thanks a lot for your reply. I really appreciate if you can aswer the following:
    Can I transfer my H1B to another company once my old employer has appealed the H1B denail notice?

    if the appeal on denial goes in my favor then whether I am going to get extension with I-94 or without I94?

    Thanks in advance.





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  • raysaikat
    01-22 10:39 PM
    Thks for your prompt response snathan, but I've been getting paystub from my new employer Company B (so far I've got 2 paystubs) so in this case I can't possibly getting Pay Stubs from both Company A & B right?

    The act suggested in the post above is illegal.

    Your work with Company B is also illegal. You cannot start working for a different company until you have the H1-B petition submission receipt.

    Your simplest and recommended course of action is to go out of the country and come back again. This will cause you least grief. But as you know, that course of action does entail the risk that your visa application could be denied.



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  • shree772000
    08-13 10:53 AM
    Once you are on AOS status you do not need H4. If you have renewed it that's fine it does not matter.
    My wife came to us in 2004 and she got her EAD/AP in 2007 and I did not apply H4 for her ever since. We have have gone out of country and come back in on AP.





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  • simple1
    06-18 01:47 PM
    Recently multiple threads have been created in IV forum about
    * Illegal’s (now conveniently called undocumented immigrants) * their anchor babies * and CIR.

    We should not support Illegal’s and their agenda.

    Support CIR only after seeing something for EB non-ROW or atleast legal immigration in general.
    We need to oppose CIR till we see such a provision.



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  • BECsufferer
    01-21 12:39 PM
    rumour say retrogression may lift on march 2009, is it true????

    Dil ko khush rakhne ke leye, Ghalib yeh khyal be aacha hain. :rolleyes:

    (Atleast his thought is good, to keep your mind at peace)





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  • tulips
    05-25 08:51 AM
    Thank you for your reply! He has been out for 9 months now but visited in between. He used H4 to come back and did not get new AP. We did file taxes. How do I know if the application is still valid and it's okay to use EAD?



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  • TwinkleM
    12-10 11:16 PM
    Pls. find the answers in red ink below. Also, all the answers are based on personal experience.

    on Decebmer 7 USCICS website (http://immigrationvoice.org/forum/#) shows "Your extension has been denied, and a denial notice has been sent."
    My I-94 expired on Oct-10 2009 and H1B was valid till 30 Sep. 2009. Here are my questions:

    Am I an illegal resident now?

    Nope, you are not an illegal as their reply on your application will show the date as 7th December, which is not your fault.

    Until when can I stay in the us?

    The denial letter will mention the deadline for you to leave this country. Usually it is 30 days.

    Should my employer appeal the case and by when should he do that, is there premium (http://immigrationvoice.org/forum/#) processing for this?

    Yes. He should send the appeal within the time frame of 30 days. No there is no premium processing.

    How long does the appeal process take ?

    It can take anywhere from a month to a year for INS to answer the appeal. Basically appeal is done only to buy the time. Mostly its never a positive response.


    Can I work while the case is appealed?

    No. You cannot unless you have a back - up of EAD.

    How many days can I stay in us after the case is appealed?

    Till you get the verdict of the appeal.


    How do I transfer to a new employer E2 (Premium Processing) and when can I apply for the new h1b (after the case is appealed or any time)?

    There is no way you can transfer you H1-B as you old one has already expired. The only way left is applying for a new H1-b, according to my lawyer, the sooner the better. The new H1-b mostly will be a consulate case. Meaning, even though you are approved, it will be only activated once you go for visa stamping.


    What are the chances of approvals in Premium processing in Current Markethttp://images.intellitxt.com/ast/adTypes/2_bing.gif (http://immigrationvoice.org/forum/#)?

    No idea.


    Can I start working once the receipt for the new h1b petition comes in?

    No, you can only start working once it is acitvated. Meaning, once u get it stamped if it is approved as a consulate case.

    If not, can I work once the h1 is approved or should I go to India (http://immigrationvoice.org/forum/#) and reenter to start working?

    If consulate case, then you will have to get it stamp to start working.

    Can i transfer my approved I140 to a new employer ?

    I guess, if you have filed I-485 which is already past 180 days. (Check with ur lawyer)

    I will really appreciate your feedback on this.


    Again, I am not a lawyer. All the above answers are based on personal experience. Hope it helps. All the very best.





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  • thescadaman
    11-04 09:23 AM
    A little over a months time, I received a letter saying that the typo on my last name has been corrected. I could confirm that since the mailing address had all the correct details.

    Hence, I guess, their typo correction system is a bit slow but it works!

    ISSUE RESOLVED!



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  • fromnaija
    09-22 05:55 PM
    Is it possible to include "allow filing 485" if labor has been pending for 2+ years?

    Its not just people who have labor approved and are waiting for PD to be current. In fact there are a lot of ppl who are waiting for labor for 4+ years.

    I think its perfectly doable. If its ok to ask for ability to file 485 without PD being current, I think its ok to ask for ability to file 485 while labor is pending.

    But I guess we have gone thru this a dozen times and it doesn't appear that the plight of ppl stuck in PBEC is on IV agenda.

    I don't think that would be okay as you would then be jumping the hoop of I-140. I think we should just stay with the modest request of "filing 485" without visa number availability.





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  • omved
    10-09 01:43 AM
    There are lots of people living in arizona on H1 visa but still not member in immigrationvoice yet...

    But sure, lets do meet sometime...



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  • tnite
    09-26 10:13 AM
    Hi All,

    NSC received my I765 applications on June 21st. I am still waiting for my EAD. I have seen many people from NSC got their approval for the same time frame. Is there anypone in the same boat. Is this something I should be worried about.

    Thanks!

    see my signature but I am july 2nd filer.





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  • forgerator
    11-08 04:38 PM
    You are right on target, YES when the requirements are higher than similar positions in the industry DOL send RFP to prove business necessity for higher requirements.

    If they suspect any fraud then your employer will be asked for supervised recruitment effort

    Second, Your salary should reflect the (higher) qualifications, higher than prevailing!

    Third, if the requirement is MS+7yrs of experience, do you have 7yrs of experience after receiving your MS?;)

    I am in a similar situation where I am going to start my EB2 , however the internal job requirements for my position demand more than what the EB2 requirements are. They are as following:

    Bachelors plus 6-8 yrs experience
    or alternatively
    Masters plus 4-6 yrs experience.

    I do have Masters and my overall experience is 5.5 yrs but out of that 4.5 yrs were with the current employer so those won't be counted. How will I become eligible for EB2? Will the lawyer downgrade the requirement to Masters + 1 yr experience or will he keep requirement to say Masters + 4yr ? I guess I'm confused how this will work. :o



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  • sgupta33
    03-20 03:23 PM
    Hello All,

    I am planning on using AC21 to port to a new job. Is it possible for my employer to revoke the I-140 after the 180 days have elapsed?

    Thanks.





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  • Loruoo26
    02-14 12:47 PM
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  • RenaissanceGirl
    10-21 02:59 PM
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    fromnaija
    09-14 01:54 PM
    you would have to specify that when you apply for the AP. Look at part 7 item 2 in the application.

    NO, that part applies to a person applying for Advance Parole (humanitarian reason) and not Advance Parole (baed on peding I-485).

    This confusion is because the form is used for multiple application type - Rentry Permit, Refugee Travel Document, Advance Parole (humanitarian and I-485 pending). I think USCIS should redesign separate form for each application type to remove the confusion.

    If your AP is based on a pending I-485 you must be in the US to apply and receive the approval. If you need to travel before the approval, you could go to a local USCIS office to expedite the application.



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