Overstay
04-25 10:32 PM
hi, first, I'm not trolling. I have a genuine question and I'm looking for answers seriously. I got laid off in 2009 while on a h1b and then for one reason or another, stayed back for 8 months. My understanding was that I could have gotten a new job within 6 months and then switched over my h1b. I was foolish. My I-94 on the h1b approval letter however had an expiration date of October 2011. By the time 8 months had gone by, I decided it was time to give up hope and return to my country.
Since I've been here, my parents have started a campaign to get me a bride. Arranged marriages are part of my culture, and people marry based on how good a match it is according to one's birthchart. If I do find a USC who is willng too marry me, will it help me in any way immigration wise? Or will my 8 months out of status stay in USA chase me for the rest of my life?
Since I've been here, my parents have started a campaign to get me a bride. Arranged marriages are part of my culture, and people marry based on how good a match it is according to one's birthchart. If I do find a USC who is willng too marry me, will it help me in any way immigration wise? Or will my 8 months out of status stay in USA chase me for the rest of my life?
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guyfromsg
07-26 08:31 PM
hey guys,
i send in my i-140/i485 along with those for my wife. as luck will have it, I forgot to include her sealed i-693. i am planning to send it tomorrow with a cover letter. is that okay? is there anything else I can do?
I will appreciate any help.
thanks
ashish
According to USCIS FAQ 14, 485 can be filed without medical examination report. You will get a RFE instead of rejection
http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
i send in my i-140/i485 along with those for my wife. as luck will have it, I forgot to include her sealed i-693. i am planning to send it tomorrow with a cover letter. is that okay? is there anything else I can do?
I will appreciate any help.
thanks
ashish
According to USCIS FAQ 14, 485 can be filed without medical examination report. You will get a RFE instead of rejection
http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
forgerator
05-23 12:39 PM
I got EAD on February 2008 with my primary GC employer. My PD is just 4 months away and I got a job offer in a big company which I cannot afford to loose.
The the job duties in my new job remain the same but I am worried to change job during this time when PDs are jumping very fast. The max I can delay the joining my new employer cannot be more than a 1 month. Please suggest the best approach...
Like others have pointed out - definitely worth it to switch over, given that you can use AC21.
The the job duties in my new job remain the same but I am worried to change job during this time when PDs are jumping very fast. The max I can delay the joining my new employer cannot be more than a 1 month. Please suggest the best approach...
Like others have pointed out - definitely worth it to switch over, given that you can use AC21.
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smuggymba
07-02 11:22 AM
Hi All,
I got my COS from H4 to F1 approved in first semester itself (Fed-2010), now my questions is I don�t have plans for going to India in next couple of years so after completing my masters can I apply for OPT without having the F1 Visa stamping OR should I have to get F1 Visa stamping in India in order to get the OPT after my masters.
my wife got OPT based on COS from H4 to F1 (no stamping).
I got my COS from H4 to F1 approved in first semester itself (Fed-2010), now my questions is I don�t have plans for going to India in next couple of years so after completing my masters can I apply for OPT without having the F1 Visa stamping OR should I have to get F1 Visa stamping in India in order to get the OPT after my masters.
my wife got OPT based on COS from H4 to F1 (no stamping).
more...
Paisano
05-01 08:58 PM
1) As per the law, you and your husband both are supposed to leave the country the next day. But USCIS generally allows upto 30 days to leave. As per the law, he can not stay for a couple of weeks to look for another job. Both of you are supposed to leave the country.
2) Yes. You both will be out of status but you will not be accuring unlawful presence if your I-94 is valid. You will start accuring unlawful presence once the employer withdraws H1B petition. The unlawful presence is the one which will make your bar from the country for 3 years (after 180 days and under 1 year) or 10 years (more than a year).
3) No. It may not be a issue with GC processing. Under 245 rules, unlawful presence upto 180 days is allowed.
4) You have to submit your I-539 petition along with your husband's H1B petition. Your status is tied to your husband's status.
2) Yes. You both will be out of status but you will not be accuring unlawful presence if your I-94 is valid. You will start accuring unlawful presence once the employer withdraws H1B petition. The unlawful presence is the one which will make your bar from the country for 3 years (after 180 days and under 1 year) or 10 years (more than a year).
3) No. It may not be a issue with GC processing. Under 245 rules, unlawful presence upto 180 days is allowed.
4) You have to submit your I-539 petition along with your husband's H1B petition. Your status is tied to your husband's status.
jcrajput
06-25 07:40 PM
Our visa stamp (H1B/H4) are expired in our passports. We are planning to travel via 'Frankfurt (FRA), Germany' to Mumbai in Lufthansa airlines and we will get our passport stamped in Mumbai. Does anyone have experience travelling via 'Frankfurt (FRA), Germany' without visa stamp in passport?
I know that travlling via London has some difficulties but not sure about 'Frankfurt'.
Please let me know.
FYI..We have our EAD and I-485 is pending with approved I-140.
Thanks for your help.
Jignesh
I know that travlling via London has some difficulties but not sure about 'Frankfurt'.
Please let me know.
FYI..We have our EAD and I-485 is pending with approved I-140.
Thanks for your help.
Jignesh
more...
Bytes4Lunch
08-17 11:07 AM
What annoys me, is that the consulate delays the visa stamping and also keeps the passport. Seems to me that they deliberately keep the passport so that the candidate doesnt travel back on the AP. I was in similar situation in March 08 at the Mumbai consulate, after waiting for around 45 days I travelled back on the AP(back then they had not taken my passport)
Let us what happened to your cousin when you receive updates from him. Is he working as a consultant (paid by his employer) and working elsewhere ?
Let us what happened to your cousin when you receive updates from him. Is he working as a consultant (paid by his employer) and working elsewhere ?
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pappu
01-01 06:31 PM
IV has been featured in India Post newspaper.
http://immigrationvoice.org/forum/showthread.php?p=40338#post40338
Could someone send me the scanned copy of the article? I would post it on the site for everyone to see and also record it for our purposes.
himanshu at immigrationvoice.org
thanks
http://immigrationvoice.org/forum/showthread.php?p=40338#post40338
Could someone send me the scanned copy of the article? I would post it on the site for everyone to see and also record it for our purposes.
himanshu at immigrationvoice.org
thanks
more...
zamoo
09-29 11:48 AM
If you indeed resign, there can be trouble..."luck factor" might pay a role.
But, I'm wondering why would you want to resign ? As long as your employer is a reasonably big one and has HR rules, you might be able to take FMLA...I think that can go for as long as 6 months. You will not get paid for a lot of it (depending on you leave balances). But, you will remain employed. And, you can work with your HR and legal folks to arrange a better alternative than resign.
Now, if your employer is a small place, then its all "it depends" thing...
Good luck...see to it that you don't extreme measures unless absolutely needed.
But, I'm wondering why would you want to resign ? As long as your employer is a reasonably big one and has HR rules, you might be able to take FMLA...I think that can go for as long as 6 months. You will not get paid for a lot of it (depending on you leave balances). But, you will remain employed. And, you can work with your HR and legal folks to arrange a better alternative than resign.
Now, if your employer is a small place, then its all "it depends" thing...
Good luck...see to it that you don't extreme measures unless absolutely needed.
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willgetgc2005
04-29 09:33 AM
^^^^^ bumping up. Please respond
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siddar
03-29 09:46 AM
Hi,
I changed employer in 2010 so my wife got new H4 valid until 03/2013 ( I-94 valid until 03/2013). She traveled to India last year and while returning she did not show her new H4 approval to immigration office so got I-94 until 08/2011 (old H4 was stamped until 08/2011).
My question is does she need to file I-539 for I-94 extension? If yes, process is similar like any other(B1, B2) extension? I appreciate any kind of help.
Thanks,
Venkat.
You might want to try CBP deferred inspection. For further details, go through the link below:
U.S. Customs and Border Protection - Contacts (http://www.cbp.gov/xp/cgov/toolbox/contacts/deferred_inspection/)
Talk to any CBP site at nearby International Airport, and tell them that "while entering I've submitted all the documents, but the I-94 was given based on the old petition".
If one site denies, then try another site. Otherwise, you need to submit the application to USCIS to extend the I-94.
I changed employer in 2010 so my wife got new H4 valid until 03/2013 ( I-94 valid until 03/2013). She traveled to India last year and while returning she did not show her new H4 approval to immigration office so got I-94 until 08/2011 (old H4 was stamped until 08/2011).
My question is does she need to file I-539 for I-94 extension? If yes, process is similar like any other(B1, B2) extension? I appreciate any kind of help.
Thanks,
Venkat.
You might want to try CBP deferred inspection. For further details, go through the link below:
U.S. Customs and Border Protection - Contacts (http://www.cbp.gov/xp/cgov/toolbox/contacts/deferred_inspection/)
Talk to any CBP site at nearby International Airport, and tell them that "while entering I've submitted all the documents, but the I-94 was given based on the old petition".
If one site denies, then try another site. Otherwise, you need to submit the application to USCIS to extend the I-94.
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Pagal
04-06 05:48 AM
Hello,
IMO, a new H-1B petition and new LCA is a safer option ... I had done this twice and it gave me peace of mind and flexibility to accept positions with better job prospects and pay... this was also recommended by the company lawyers and HR.
IMO, a new H-1B petition and new LCA is a safer option ... I had done this twice and it gave me peace of mind and flexibility to accept positions with better job prospects and pay... this was also recommended by the company lawyers and HR.
more...
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saravanaraj.sathya
07-25 12:45 PM
I think we should make this thready a sticky so that everyone could reply.
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godbless
05-01 09:08 AM
If Illiegals can protest and can have large rallies across the nation then whats the problem with the legals? Why can't we put our point forward through these kind of peaceful but strong measures.:confused:
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jk333
08-18 02:55 AM
As long as you use your H1 visa to come back in,
you are in good shape.
Have a safe trip.
you are in good shape.
Have a safe trip.
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sury
11-08 04:53 PM
I got the document in mail in 5 business days after approval from TSC
more...
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breddy2000
02-03 10:28 AM
I also heard that they are sending about 1500 people back to India..
I heard from one of my Frnds that all of their L1 visa extensions are getting rejected left and right....
Most of them are on these L1 Visas in managerial postions.
I heard from one of my Frnds that all of their L1 visa extensions are getting rejected left and right....
Most of them are on these L1 Visas in managerial postions.
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Sakthisagar
04-16 11:11 AM
Good Read
http://www.nfap.com/pdf/1003h1b.pdf
http://www.nfap.com/pdf/1003h1b.pdf
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Humhongekamyab
10-29 02:34 PM
Mine charged $750.
nid
06-12 11:16 PM
Hi,
My I140 is approved and I485 is pending. I am working Full Time as a Software Devloper on EAD with a Consulting Company. I have been offered a part time work of same nature by my friend. He has a company and he offers to pay me on 1099.
Would it be ok to work part time(15 Hrs. per week) and accept payment on 1099.
Please advise.
Thanks,
Nid
My I140 is approved and I485 is pending. I am working Full Time as a Software Devloper on EAD with a Consulting Company. I have been offered a part time work of same nature by my friend. He has a company and he offers to pay me on 1099.
Would it be ok to work part time(15 Hrs. per week) and accept payment on 1099.
Please advise.
Thanks,
Nid
kirupa
07-19 04:35 PM
Hi jkid,
Unfortunately, this is an area that I am not very familiar with. Posting on MSDN or stackoverlow.com may be a good idea since the forums in this category are more on the UI/design side of .NET develoment.
Cheers!
Kirupa :)
Unfortunately, this is an area that I am not very familiar with. Posting on MSDN or stackoverlow.com may be a good idea since the forums in this category are more on the UI/design side of .NET develoment.
Cheers!
Kirupa :)
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