americandesi
08-16 03:43 PM
There's no catch at all.....according to my lawyer. He said even if you come back on AP, you can still work on your H-1B so long as it's valid.
Thanks,
Jayant
As far as I know, Until your apply for a H1 extension or H1 transfer on "Parolee" status, your status continues to be "Parolee". Lets consider this.
You have 3 years remaining on your H1.
You go out and come back on "AP".
Your status changes to "Parolee".
You do H1 transfer (or) your employer files for H1 extension at the end of the 3rd year.
Now your status changes back to "H1".
Here is the catch. You are a "Parolee" until your "H1" transfer or extension. In case your I-485 gets rejected during your "Parolee" status, you gotta leave the country (or) file for an appeal and proceed with H1 transfer (or) H1 extension to retain your H1 status.
Seniors, Please correct me if i am wrong.
Thanks,
Jayant
As far as I know, Until your apply for a H1 extension or H1 transfer on "Parolee" status, your status continues to be "Parolee". Lets consider this.
You have 3 years remaining on your H1.
You go out and come back on "AP".
Your status changes to "Parolee".
You do H1 transfer (or) your employer files for H1 extension at the end of the 3rd year.
Now your status changes back to "H1".
Here is the catch. You are a "Parolee" until your "H1" transfer or extension. In case your I-485 gets rejected during your "Parolee" status, you gotta leave the country (or) file for an appeal and proceed with H1 transfer (or) H1 extension to retain your H1 status.
Seniors, Please correct me if i am wrong.
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hpandey
09-16 10:58 AM
I was wondering if your H1 visa was not approved how did you come back on H-4 visa. Didn't your H4 status get invalid when your H1 got approved.
The approval of your H1 would have invalidated your H-4 visa :confused:
The approval of your H1 would have invalidated your H-4 visa :confused:
akhichopra
03-01 07:34 PM
Hello Folks,
I am on H1-B since Aug2009 and last year I transferred around 40K USD to parents. All these transfers were spread over the year in the denominations of 5K per transaction.(As and when I saved money).
My question is, do I have to pay taxes in US on this money transferred to India. I know that my parents don't have to but I am not sure about myself.
Any pointers in this regard will be highly appreciated. Thanks,
I am on H1-B since Aug2009 and last year I transferred around 40K USD to parents. All these transfers were spread over the year in the denominations of 5K per transaction.(As and when I saved money).
My question is, do I have to pay taxes in US on this money transferred to India. I know that my parents don't have to but I am not sure about myself.
Any pointers in this regard will be highly appreciated. Thanks,
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vc_gc
09-18 05:34 PM
I have EAD for couple of years & when I moved to Ohio, I was issued 4 years DL. They did look at I-94 (I travelled on AP having one year validaty on I-94), also they DID NOT looked at my EAD expiry date..They asked very simple question - Do you have your SSN? Thats it..!
C'mon...Guys, come to Ohio..you will get DL for 4 years..
My Ohio license will expire soon along with H1B. As far as my attorney says, when the original H1B application receipt presented, BMV issues one-year renewal. With the H1B approval, they renew the license for three years.
C'mon...Guys, come to Ohio..you will get DL for 4 years..
My Ohio license will expire soon along with H1B. As far as my attorney says, when the original H1B application receipt presented, BMV issues one-year renewal. With the H1B approval, they renew the license for three years.
more...
monkeyman
10-16 11:55 AM
My wife had the same issue. We had to type the following letter and attach evidence as follows:
Date Entered to US - Visa Type - Date leaving US I-94 Status Evidence
For the evidence, you need to refer to the copy of the passprt that indicates the stamping and your lawyer must include a letter that states that he has verified all the dates and attach the reference to page number duly attested by the lawyer's office.
Under the I-94 status column, you need to indicate if the I-94 was surrendered at airport or not. If you are not aware, please enter 'do not know'. Visa type was the type of visa used to enter US (my wife travelled on B1, H1 (some 10 times) and most recently on H-4) and now waiting for EAD to resume a new career.
Hopefully that should address it. Apparently, my lawyer has never seen an RFE on I-131. So, he's not sure if that resolves it or not. Case status still indicates an RFE online. Good luck.
Date Entered to US - Visa Type - Date leaving US I-94 Status Evidence
For the evidence, you need to refer to the copy of the passprt that indicates the stamping and your lawyer must include a letter that states that he has verified all the dates and attach the reference to page number duly attested by the lawyer's office.
Under the I-94 status column, you need to indicate if the I-94 was surrendered at airport or not. If you are not aware, please enter 'do not know'. Visa type was the type of visa used to enter US (my wife travelled on B1, H1 (some 10 times) and most recently on H-4) and now waiting for EAD to resume a new career.
Hopefully that should address it. Apparently, my lawyer has never seen an RFE on I-131. So, he's not sure if that resolves it or not. Case status still indicates an RFE online. Good luck.
bsbawa10
05-26 09:39 PM
Dude, what are you talking about :confused::confused::confused: Am I missing any comedy here?
Just comparing USCIS with any product selling company .
Just comparing USCIS with any product selling company .
more...
jaithran
11-16 09:53 AM
Lol, how abt employers (exclude body shoppers) deciding on what category you should belong to based on your performance. Because just getting a Masters degree from US school doesn't mean you are better than a Masters degree holder from a non-US school. And this is often proved in many MNCs.
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hatighora
07-19 02:10 PM
Why are you even working for such a company? You should be with a company that values your contribution and wants to keep you and cares for you, similarly you should accept GC processing from a company that you are comfortable working with.
more...
vandanaverdia
09-20 06:14 PM
YES!! I agree... We went to make a point... and one doesnt have to be an American citizen to be able to sing one too....
Pankaj did a great job... And it was awesome to hear him sing. So much so that even Congressman McDermott commented that he sand better than the congressman himself.
Three cheers to Pankaj.
Pankaj did a great job... And it was awesome to hear him sing. So much so that even Congressman McDermott commented that he sand better than the congressman himself.
Three cheers to Pankaj.
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james_bond_007
04-14 05:48 PM
Thank you all for the good wishes !!
Pappu, I havnt got the approval notice / email yet. Will update once I have the same.
The day I got the email ( April 9 ) from TSC, I received an "unknown" call on my cell phone. I was in a meeting and was unable to take the call. Couple of days back I received a similar call and it was from an immigration officer @ TSC. She chatted with me regarding my old 140 for 2 minutes and told me that the priority date has been ported / used. I think the nice lady wanted to let me know about the approval and since I did not pick up the call generated an email from the OLD TSC system !!!!! . There is no update on the online system after wards.. I will update once I get something in regular mail..
Thanks again for all the good wishes and hopefully things will improve for all of us soon.
Pappu, I havnt got the approval notice / email yet. Will update once I have the same.
The day I got the email ( April 9 ) from TSC, I received an "unknown" call on my cell phone. I was in a meeting and was unable to take the call. Couple of days back I received a similar call and it was from an immigration officer @ TSC. She chatted with me regarding my old 140 for 2 minutes and told me that the priority date has been ported / used. I think the nice lady wanted to let me know about the approval and since I did not pick up the call generated an email from the OLD TSC system !!!!! . There is no update on the online system after wards.. I will update once I get something in regular mail..
Thanks again for all the good wishes and hopefully things will improve for all of us soon.
more...
avi
01-15 05:31 PM
Did any one whose I-485 was Xfr'd from NSC->CSC->NSC receive FP notice? If so, please list your city/state where FP is scheduled and if you opened a SR for FP.
In particular, i want to track folks from bay area, CA and those who didn't open SR.
Thanks!
I called them up yesterday and i was kept on hold for around 2:15 hrs before i hung up! the music was not pleasing either! Will give it a try again sometime tomorrow!
In particular, i want to track folks from bay area, CA and those who didn't open SR.
Thanks!
I called them up yesterday and i was kept on hold for around 2:15 hrs before i hung up! the music was not pleasing either! Will give it a try again sometime tomorrow!
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wata
09-29 11:55 AM
Thanks for all the info,
For AC21, I have read you don't need approve I-140, only approvable is good enough, new employer no need file new LC, no need ability to pay just have to be the same titile and similar pay. But I still not clear about self-employ.
Last question,
If I were to go with I-140 premium, and get approve let says October 15.
Is it going to do any good because 485 is even worse, right now is processing only Dec 2, 2005 and move slower than turtle. That's why I need to know somebody who get 485 approve from Nebraska to say something here. But I know basically people who already got 485 approved will never come back to spend time on this forum. But if you know friends or anybody got 485 approved please write something like Priority date and 485 receipt date.
Thanks again
As all the I-140's from CA and VT were transferred to NSC in April so it is slow. I guess they are currently working on cases filed in the month of April. If your I-140 is not approved by December then you might want to consider converting it into Premium Processing so that you can avail the benefits of AC21 once your I-485 is pending for more than 180 days.
For AC21, I have read you don't need approve I-140, only approvable is good enough, new employer no need file new LC, no need ability to pay just have to be the same titile and similar pay. But I still not clear about self-employ.
Last question,
If I were to go with I-140 premium, and get approve let says October 15.
Is it going to do any good because 485 is even worse, right now is processing only Dec 2, 2005 and move slower than turtle. That's why I need to know somebody who get 485 approve from Nebraska to say something here. But I know basically people who already got 485 approved will never come back to spend time on this forum. But if you know friends or anybody got 485 approved please write something like Priority date and 485 receipt date.
Thanks again
As all the I-140's from CA and VT were transferred to NSC in April so it is slow. I guess they are currently working on cases filed in the month of April. If your I-140 is not approved by December then you might want to consider converting it into Premium Processing so that you can avail the benefits of AC21 once your I-485 is pending for more than 180 days.
more...
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boogie2007
04-18 02:55 PM
my I485 lud got updated today , but the case status is still showing pending, when i called the officer she said they dont know what is lud ? but she said the case is pending.. any idea what does it means when lud is updated does that mean the case is now ready to be assigned by officer ?????:confused:
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desi3933
06-25 02:38 PM
MrWaitingGC,
My H1B is valid till April of 2008. When i went for vacation and entered the country in March 2007, the guy at the border patrol did some mistake and put the date on I-94 as 16th sep of 2007 instead of April 2008.
Your status is governed by the I-94 date and not by the visa expiration date.
I tried to get it corrected at the local CBP office but could not do it ... So i am planning to make a trip to Canada before my visa stamp expries to get a new I-94 which is valid till April 2008.
But since i have sent my passport for renewal, i am not sure if I can make the trip bfr my I-94 expires.
And also i am not sure if i can file for extension of my H1B as it is more than 6 months ( it is about 10 months early) before the expiration date on my current H1B.
You can file for H1 extension 6 months BEFORE STATUS EXPIRY date (16 Sep 2007), so you are ok and while extension is pending you can continue to work for the H1 employer upto 240 days. You should get new I-94 with the H1 extension approval notice. You don't need new H1 visa stamp until you travel out of USA.
At this point i am helpless with out my passport. I hope i get it soon.
So what i wanted to find out is, is my status still legal after 16th sep 2007 if i file my 485 ...
Like stated earlier, as long as your employer files for H1 extension before Sep 16th 2007, you are ok.
See above in Blue.
Not a legal advice
-----------------------
desi3933 at gmail.com
My H1B is valid till April of 2008. When i went for vacation and entered the country in March 2007, the guy at the border patrol did some mistake and put the date on I-94 as 16th sep of 2007 instead of April 2008.
Your status is governed by the I-94 date and not by the visa expiration date.
I tried to get it corrected at the local CBP office but could not do it ... So i am planning to make a trip to Canada before my visa stamp expries to get a new I-94 which is valid till April 2008.
But since i have sent my passport for renewal, i am not sure if I can make the trip bfr my I-94 expires.
And also i am not sure if i can file for extension of my H1B as it is more than 6 months ( it is about 10 months early) before the expiration date on my current H1B.
You can file for H1 extension 6 months BEFORE STATUS EXPIRY date (16 Sep 2007), so you are ok and while extension is pending you can continue to work for the H1 employer upto 240 days. You should get new I-94 with the H1 extension approval notice. You don't need new H1 visa stamp until you travel out of USA.
At this point i am helpless with out my passport. I hope i get it soon.
So what i wanted to find out is, is my status still legal after 16th sep 2007 if i file my 485 ...
Like stated earlier, as long as your employer files for H1 extension before Sep 16th 2007, you are ok.
See above in Blue.
Not a legal advice
-----------------------
desi3933 at gmail.com
more...
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sasidhar79
02-08 11:31 AM
I think hopein07's idea of approaching Manmohan Singh is a good idea.
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tikka
06-04 11:27 PM
http://immigrationvoice.org/index.php?option=com_iv_webfax&task=getContactDetails&Itemid=46
can you help out a little please?
we need to keep ask members to send faxes
thank you
can you help out a little please?
we need to keep ask members to send faxes
thank you
more...
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Lasantha
06-25 12:32 PM
What will be my status after i file my I485?
My current I-94 will expire on 16th Sep 2007 (on the day my current visa stamp in my passport expires and my current H1 B is set to expire Mid April 2008).
I am planning to make a trip to Cannda or someplace to get a new I-94 as soon as i get my new passport (i had sent it for renewal on june 2nd). But i am a little worried about my status if i am unable to make the trip.
So my question is what will be my status after 16th sep 2007 (once i file for I485 (first week of July2007) and my I-94 expires on 16th Sep 2007)?
Appreciate any responses ...
Your status has nothing to do with that. If you say that your H1B is good till April 2008, then you are in status till then
My current I-94 will expire on 16th Sep 2007 (on the day my current visa stamp in my passport expires and my current H1 B is set to expire Mid April 2008).
I am planning to make a trip to Cannda or someplace to get a new I-94 as soon as i get my new passport (i had sent it for renewal on june 2nd). But i am a little worried about my status if i am unable to make the trip.
So my question is what will be my status after 16th sep 2007 (once i file for I485 (first week of July2007) and my I-94 expires on 16th Sep 2007)?
Appreciate any responses ...
Your status has nothing to do with that. If you say that your H1B is good till April 2008, then you are in status till then
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Tito_ortiz
12-11 03:42 PM
Good news lately hasn't been good news. Bad news may turn out to be good news.
Perhaps we may see things streamlined after this event ? Cheer up. Happy Christmas everyone ! Let's celebrate with happiness in our heart, no matter the outcome of this insane immigration process.
:mad: 12/11/2006: USCIS Considers Termination of Concurrent Filing (140/485)
According to the USCIS rule-making agenda, the USCIS is to propose to terminate current concurrent I-140 and I-485 filing. The proposed rule is scheduled to be published in March 2007 with 60-day comment period. It is thus not imminent, but in the later part of next year(Oops!), the immigrant community may see a totally different filing procedure including electronic registration and filing just like current PERM labor certificaiton application procedure. Once the concurrent filing is terminated, the immigrants may experience a terrible pain as related to maintenance of nonimmigrant status pending I-140 petition, eligibility for 245K benefit, plus unavailability of EAD and AP pending I-140 petition, AC-21 180-day portability, etc. etc. Should the I-140 petition processing be dragged, the pain will be extremely unbearable!
http://www.immigration-law.com/
Perhaps we may see things streamlined after this event ? Cheer up. Happy Christmas everyone ! Let's celebrate with happiness in our heart, no matter the outcome of this insane immigration process.
:mad: 12/11/2006: USCIS Considers Termination of Concurrent Filing (140/485)
According to the USCIS rule-making agenda, the USCIS is to propose to terminate current concurrent I-140 and I-485 filing. The proposed rule is scheduled to be published in March 2007 with 60-day comment period. It is thus not imminent, but in the later part of next year(Oops!), the immigrant community may see a totally different filing procedure including electronic registration and filing just like current PERM labor certificaiton application procedure. Once the concurrent filing is terminated, the immigrants may experience a terrible pain as related to maintenance of nonimmigrant status pending I-140 petition, eligibility for 245K benefit, plus unavailability of EAD and AP pending I-140 petition, AC-21 180-day portability, etc. etc. Should the I-140 petition processing be dragged, the pain will be extremely unbearable!
http://www.immigration-law.com/
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chanduv23
07-15 07:15 AM
Our numbers must grow, and the immigrant community must realise what is happening on their back.
My wife does not get it in her head (now she understands a bit) all this politics, she thinks we are on h1b, and America needs us and we will become Americans soon. Such perception exists among the immigrant community. A part of the blame is these immigrant lawyers who always keep giving hope to the community.
My wife does not get it in her head (now she understands a bit) all this politics, she thinks we are on h1b, and America needs us and we will become Americans soon. Such perception exists among the immigrant community. A part of the blame is these immigrant lawyers who always keep giving hope to the community.
GCOP
04-06 08:06 PM
Agree. Recapturing unused visas (estimated to be around 218,000) is the single most important thing we should focus on. We should also keep pressure on USCIS through lobbying efforts to use up the available numbers for the current year. According to one estimate (posted somewhere on IV forums), USCIS will only use 80K visas this year.
So, what can we do?
Can we organize another rally?
Fast for a day in protest?
Are we making any progress towards unused Visa Recapture ?
Input requested from IV core Team please, if there is any action Item suggested to achieve this Goal.
Continue Letter Campaign ?
Organize Another Rally ? Or Any other action ?
________________________________________
PD: October 2003, EB-3 (India)
Contribution: $20 + $20 + $100
Participated in Letter Campaign
Attended D.C. Rally
So, what can we do?
Can we organize another rally?
Fast for a day in protest?
Are we making any progress towards unused Visa Recapture ?
Input requested from IV core Team please, if there is any action Item suggested to achieve this Goal.
Continue Letter Campaign ?
Organize Another Rally ? Or Any other action ?
________________________________________
PD: October 2003, EB-3 (India)
Contribution: $20 + $20 + $100
Participated in Letter Campaign
Attended D.C. Rally
TheOmbudsman
08-30 05:15 PM
Since you asked what I am exactly doing here:
I am not here to discuss illegal immigration. I am here to discuss how we can put acceptable proposals out there so we can all get out of this mess, or at least get out of here a little faster !
Folks, allow me to tell you that we cannot succeed in this fight if our strategy remains wrong. By no means we shall find ourselves supporting what is against public opinion in our host country, which is now America. You guys from time to time, now what is called senior members from IV, pst phrases which may be PERCEIVED as an attempt to disguise the status of illegal aliens movement. Undocumented immigration simply doesn't exist. There are numerous ways one can find oneself without documents. I outlined an example before. "Immigrant" is not the correct designation if you never immigrated here. Start by showing our alignment with this country by using the correct term. We may be better accepted that way. By the way, wake up, is in major part thanks to the illegal aliens that many of us are stuck.
Tomorrow you can go to India as an immigrant. The day that you find yourself pushing for more immigration than Indians want, it is the day you will not be welcome in that lovely country anymore. Italy is a sweet country, but people are fed up with immigration there. How about France ? America is next. The lack of sympathy for immigration is in the air. Which are our chances to fight against it just because we conceal our proposals ? Minimal.
Sure. Do you want another one ?
immigrant
Main Entry: im�mi�grant
Pronunciation: 'i-m&-gr&nt
Function: noun
: one that immigrates : as a : a person who comes to a country to take up permanent residence b : a plant or animal that becomes established in an area where it was previously unknown
I was amused by..."Undocumented is someone who had documents, but lost them"...Bravo...!!
I am not here to discuss illegal immigration. I am here to discuss how we can put acceptable proposals out there so we can all get out of this mess, or at least get out of here a little faster !
Folks, allow me to tell you that we cannot succeed in this fight if our strategy remains wrong. By no means we shall find ourselves supporting what is against public opinion in our host country, which is now America. You guys from time to time, now what is called senior members from IV, pst phrases which may be PERCEIVED as an attempt to disguise the status of illegal aliens movement. Undocumented immigration simply doesn't exist. There are numerous ways one can find oneself without documents. I outlined an example before. "Immigrant" is not the correct designation if you never immigrated here. Start by showing our alignment with this country by using the correct term. We may be better accepted that way. By the way, wake up, is in major part thanks to the illegal aliens that many of us are stuck.
Tomorrow you can go to India as an immigrant. The day that you find yourself pushing for more immigration than Indians want, it is the day you will not be welcome in that lovely country anymore. Italy is a sweet country, but people are fed up with immigration there. How about France ? America is next. The lack of sympathy for immigration is in the air. Which are our chances to fight against it just because we conceal our proposals ? Minimal.
Sure. Do you want another one ?
immigrant
Main Entry: im�mi�grant
Pronunciation: 'i-m&-gr&nt
Function: noun
: one that immigrates : as a : a person who comes to a country to take up permanent residence b : a plant or animal that becomes established in an area where it was previously unknown
I was amused by..."Undocumented is someone who had documents, but lost them"...Bravo...!!
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