morchu
05-14 12:04 PM
Not true.
Your H1B status starts from the "start date" shown in the COS/H1B approval notice. If the H1B is approved for this fiscal year, most probably it will be October 1, 2009. So till then you are in L1.
Also nothing prohibits you from re-entering on a valid L1 visa, but after re-entry you are assumed to be in L1 status. And you might end up filing COS petition one more time.
Now your question is interesting, because you are re-entering in a period of your L1 validity and I assume H1 is not valid for status till 2009 Oct.
I am not really sure about all the possible solutions in this situation. The solution I know is, enter using L1 and file another COS (not a full H1 petition, but just a COS, showing already approved H1).
Answer to OP;s questions are:
1. Yes
2. Might abandon the COS (not sure about this). But definitely your H1 is not abandoned.
3. Not automatic, another COS might be required.
Questions 4,5,6,7 are irrelavant after you file a COS on re-entry.
Since your H-1B change of status is approved, you are in H-1B Status now. In order to continue working on H-1B status after overseas trip, you must enter USA using H-1B visa stamp. This may require you to apply and get new H-1B visa stamp.
Please consider getting professional advice from your attorney before making any travel plans and what visa to use for re-entering.
______________________
Not a legal advice.
US citizen of Indian origin
.
Your H1B status starts from the "start date" shown in the COS/H1B approval notice. If the H1B is approved for this fiscal year, most probably it will be October 1, 2009. So till then you are in L1.
Also nothing prohibits you from re-entering on a valid L1 visa, but after re-entry you are assumed to be in L1 status. And you might end up filing COS petition one more time.
Now your question is interesting, because you are re-entering in a period of your L1 validity and I assume H1 is not valid for status till 2009 Oct.
I am not really sure about all the possible solutions in this situation. The solution I know is, enter using L1 and file another COS (not a full H1 petition, but just a COS, showing already approved H1).
Answer to OP;s questions are:
1. Yes
2. Might abandon the COS (not sure about this). But definitely your H1 is not abandoned.
3. Not automatic, another COS might be required.
Questions 4,5,6,7 are irrelavant after you file a COS on re-entry.
Since your H-1B change of status is approved, you are in H-1B Status now. In order to continue working on H-1B status after overseas trip, you must enter USA using H-1B visa stamp. This may require you to apply and get new H-1B visa stamp.
Please consider getting professional advice from your attorney before making any travel plans and what visa to use for re-entering.
______________________
Not a legal advice.
US citizen of Indian origin
.
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ArkBird
07-09 04:22 PM
I think your asylum status is triggering red light. VO has all the reasons to believe that your family may also apply for asylum once they are in USA because you did even with strong family ties in home country.
Hope this helps.
ArkBird
My parents went to request for visitor visa for a second time. They got rejected again. This time only my parents applied, without my brothers. They showed the VO a letter stating reasons why they won't immigrate to the US (have 3 sons in Indonesia, taking care of elderly parent and have business & properties in Indonesia). The letter also stated that parents only want a short duration visa just to attend my wedding. All questions VO asked was about me, that I got asylum and didn't come back. Now I really don't know what to do. Should I include a notarized letter from me stating that I will make sure my parents go back to Indonesia within the allowed time? My parents don't have the intention to immigrate but I don't know how they can convince the VO.
I would really appreciate your advice. Thank you so much!
Hope this helps.
ArkBird
My parents went to request for visitor visa for a second time. They got rejected again. This time only my parents applied, without my brothers. They showed the VO a letter stating reasons why they won't immigrate to the US (have 3 sons in Indonesia, taking care of elderly parent and have business & properties in Indonesia). The letter also stated that parents only want a short duration visa just to attend my wedding. All questions VO asked was about me, that I got asylum and didn't come back. Now I really don't know what to do. Should I include a notarized letter from me stating that I will make sure my parents go back to Indonesia within the allowed time? My parents don't have the intention to immigrate but I don't know how they can convince the VO.
I would really appreciate your advice. Thank you so much!
smuggymba
03-27 08:21 PM
this is not a game , this happened really to me .I am Indian .They did not gave my passport back . They took my passport and send me to Bangalore Airport back .I know they don't have any right to hold any one's property that too a country citizenship passport.I am looking for an answer and advice , not question for a question
India doesn't allow anyone to enter the country without a passport. Period.
Try calling the USCIS/Customs customer service, I believe there was a post sometime back in which a person gave the customer service numbers of all the airports. You will have to search. Try logging a complaint with the Indian embassy in US (Chicago, Houston, LA, Washington.)
India doesn't allow anyone to enter the country without a passport. Period.
Try calling the USCIS/Customs customer service, I believe there was a post sometime back in which a person gave the customer service numbers of all the airports. You will have to search. Try logging a complaint with the Indian embassy in US (Chicago, Houston, LA, Washington.)
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dbevis
October 27th, 2003, 07:41 AM
Some shots from yeasterday at and around the Delaware Water Gap:
http://www.pbase.com/image/22684252
I really like that waterfall shot.
http://www.pbase.com/image/22684252
I really like that waterfall shot.
more...
radhagd
03-09 04:21 PM
Your EB3 application is still safe. You can use your current EAD.
b2visahelp
07-09 03:34 PM
My parents went to request for visitor visa for a second time. They got rejected again. This time only my parents applied, without my brothers. They showed the VO a letter stating reasons why they won't immigrate to the US (have 3 sons in Indonesia, taking care of elderly parent and have business & properties in Indonesia). The letter also stated that parents only want a short duration visa just to attend my wedding. All questions VO asked was about me, that I got asylum and didn't come back. Now I really don't know what to do. Should I include a notarized letter from me stating that I will make sure my parents go back to Indonesia within the allowed time? My parents don't have the intention to immigrate but I don't know how they can convince the VO.
I would really appreciate your advice. Thank you so much!
I would really appreciate your advice. Thank you so much!
more...
vicks_don
04-18 10:34 AM
I filed 140 to VSC. Would it be transfered to TSC. It is still pending. I got a RFE on 140. Should i send the docs to VSC or TSC. Can anyone please answer this.
Thanks.
Thanks.
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pappu
07-14 01:50 PM
This link didn't work for me either.
try
photos1.blogger.com/blogger/7644/2582/1600/chart_alert7.11.2006.gif
try
photos1.blogger.com/blogger/7644/2582/1600/chart_alert7.11.2006.gif
more...
sertasheep
03-16 11:14 AM
The only easy options I see for US educated physicians (of Indian origin) are either the Middle East(where , you can get jobs after min 2+ years of US work experience, not just residency) or back in India.
- Neither Australia or UK recognize US medical education(ironic, isn't it!!!), requiring an arduous recertification process. Not worth it, IMHO.
- Canada claims that the process is simple, but Note that this is not that simple and rosy- jobs aren't that easy to get in Canada.Do a google search for "foreign doctors in Canada". Also, don't go by what migration/immigration agents tell you.
- I have heard of "exchange programs" (you work for a couple of years) in New Zealand or Australia, but you can't settle down there, unless a non-physician spouse is already a permanent resident or citizen
If something has changed in the recent past, or I am wrong, I'd like to hear more.
Here's an email trail from 2003. You can probably talk or contact the organization given below.
>>I hope this can help clarify your situation as concerns your wife's
>>future employment in Canada. If she will be graduating from an
>>accredited medical college in he United States, she will have
>>substantially less difficulty obtaining her license to practice medicine
>>in Canada.
>>
>>She will have to complete the qualifying examinations that are
>>administered by the Medical Council of Canada. There are two of these
>>exams. Information about these exams can be found at http://www.mcc.ca.
>>She should not have to worry about being subjected to the international
>>medical graduate programs since American schools have their degrees
>>recognized by the licensing bodies in Canada.
>>
>>If you would like to speak to me directly please feel free to contact me
>>at the numbers below.
>>
>>Regards,
>>
>>Scott Butler
>>Member Relations/Project Manager
>>Association of International Physicians and Surgeons of Ontario (AIPSO)
>>2 Carlton Street, Suite 1004
>>Toronto, ON M5B 1J3
>>
>>Phone: (416) 979-8611 x 4301
>>Fax: (416) 979-9853
>>Email: membershipaipso@cassa.on.ca
>>Web: http://www.aipso.ca
- Neither Australia or UK recognize US medical education(ironic, isn't it!!!), requiring an arduous recertification process. Not worth it, IMHO.
- Canada claims that the process is simple, but Note that this is not that simple and rosy- jobs aren't that easy to get in Canada.Do a google search for "foreign doctors in Canada". Also, don't go by what migration/immigration agents tell you.
- I have heard of "exchange programs" (you work for a couple of years) in New Zealand or Australia, but you can't settle down there, unless a non-physician spouse is already a permanent resident or citizen
If something has changed in the recent past, or I am wrong, I'd like to hear more.
Here's an email trail from 2003. You can probably talk or contact the organization given below.
>>I hope this can help clarify your situation as concerns your wife's
>>future employment in Canada. If she will be graduating from an
>>accredited medical college in he United States, she will have
>>substantially less difficulty obtaining her license to practice medicine
>>in Canada.
>>
>>She will have to complete the qualifying examinations that are
>>administered by the Medical Council of Canada. There are two of these
>>exams. Information about these exams can be found at http://www.mcc.ca.
>>She should not have to worry about being subjected to the international
>>medical graduate programs since American schools have their degrees
>>recognized by the licensing bodies in Canada.
>>
>>If you would like to speak to me directly please feel free to contact me
>>at the numbers below.
>>
>>Regards,
>>
>>Scott Butler
>>Member Relations/Project Manager
>>Association of International Physicians and Surgeons of Ontario (AIPSO)
>>2 Carlton Street, Suite 1004
>>Toronto, ON M5B 1J3
>>
>>Phone: (416) 979-8611 x 4301
>>Fax: (416) 979-9853
>>Email: membershipaipso@cassa.on.ca
>>Web: http://www.aipso.ca
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logiclife
07-07 02:17 PM
My lawyer only asked for last one year's W2 and no paystubs at all.
Paystubs are desired but I dont think USCIS bother to look at them if you send them. If you have some issues with your status and your I-94, then that might raise more questions and they may ask for more W2 and more paystubs.
But for the begining, just one W2 is enough. If you are filing this year, send the 2006 W2. That's it.
Paystubs are desired but I dont think USCIS bother to look at them if you send them. If you have some issues with your status and your I-94, then that might raise more questions and they may ask for more W2 and more paystubs.
But for the begining, just one W2 is enough. If you are filing this year, send the 2006 W2. That's it.
more...
eb3_nepa
04-13 10:46 AM
Will IV be trying to campaign/lobby against the 180 day delay?
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roseball
08-07 10:37 AM
1> Marriage certificate.
2.> I-864 + employment letter (copy will do) + tax returns (last 3 years) + W2s (last 3 years) + paystubs for last 3 months + bank letter
3.> Proof of status for her (I-94s, I-20s, I-797, EAD, etc)
4.> Copy of her complete passport (including expired one if it exists)
5.> Her birth certificate / affidavits
6.> Copy of your I-140 approval
7.> 6 photographs of her
8.> Filing fees
You also need to include the filled in Form I-134.
http://www.uscis.gov/files/form/i-134.pdf
2.> I-864 + employment letter (copy will do) + tax returns (last 3 years) + W2s (last 3 years) + paystubs for last 3 months + bank letter
3.> Proof of status for her (I-94s, I-20s, I-797, EAD, etc)
4.> Copy of her complete passport (including expired one if it exists)
5.> Her birth certificate / affidavits
6.> Copy of your I-140 approval
7.> 6 photographs of her
8.> Filing fees
You also need to include the filled in Form I-134.
http://www.uscis.gov/files/form/i-134.pdf
more...
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felix31
04-18 11:42 AM
I received a receipt confirmation for my I-140 petition. It shows that they received on March 24, 2006. I tried to check on the status on USCIS website in case status. I could not find my case so far. Does it take so long to be updated. I am worried if my petition is misplaced somewhere...
Please give me your advice.
GC092003,
I am sorry to hear that. But this is absolutely new to me. As soon as we got the receipt number we were able to check online status ....
have you punched in all the letters and numbers correctly? Pay attention to that, because if you mistake one number you will not get accurate result..
If the number you are typing is correct than something must be wrong on their side and you can call 800 number to inquire via attomated system about your case...
hope this helps
Please give me your advice.
GC092003,
I am sorry to hear that. But this is absolutely new to me. As soon as we got the receipt number we were able to check online status ....
have you punched in all the letters and numbers correctly? Pay attention to that, because if you mistake one number you will not get accurate result..
If the number you are typing is correct than something must be wrong on their side and you can call 800 number to inquire via attomated system about your case...
hope this helps
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gonecrazyonh4
04-25 12:58 PM
Looks like this rule may not come into effect for fiscal year 2006 ie 30th september 2006. lookat todays immigration-law post.
Many lawyers, employers who use labor substituion does not want to see it changed. Especially since these are like carrots to recruit new employees. For those of us waiting in the que we definitely would like to see this law implemented as soon as possible ...
Many lawyers, employers who use labor substituion does not want to see it changed. Especially since these are like carrots to recruit new employees. For those of us waiting in the que we definitely would like to see this law implemented as soon as possible ...
more...
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ashkam
12-15 08:37 AM
Probably his problems are due to H 4 visa situation where as his 140 approved and got EAD.
Option 1) Get work on EAD, send your wife back to India and get her on Follow To Join.
Option 2) H1 transfer, she can stay. Apply labor/140 again and port the 140 priority date apply for 485, when date becomes current.
But option 1 is far far better, even it needs little sacrifise from your spouse point of view.
Or she can continue to stay by switching to F1 status.
Thai is the best way.
Why would he have to redo his labor and I-140? Why can't he just use AC21 even with H1 transfer?
I would say the best option (if possible) is to try and get his wife on an F1 visa as a backup plan for the fall 2009 semester.
Option 1) Get work on EAD, send your wife back to India and get her on Follow To Join.
Option 2) H1 transfer, she can stay. Apply labor/140 again and port the 140 priority date apply for 485, when date becomes current.
But option 1 is far far better, even it needs little sacrifise from your spouse point of view.
Or she can continue to stay by switching to F1 status.
Thai is the best way.
Why would he have to redo his labor and I-140? Why can't he just use AC21 even with H1 transfer?
I would say the best option (if possible) is to try and get his wife on an F1 visa as a backup plan for the fall 2009 semester.
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waitin_toolong
07-30 03:41 PM
some 15-25 yrs back this used to be possible. I know of someone whos mom was air-hostess, and delivered the baby here and all of the family members got GC based on that baby.
But they closed this loophole sometime back.
But they closed this loophole sometime back.
more...
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lifestrikes
02-15 03:44 PM
I have set Google Alert for instant Email notification for news from Zoe Lofgren. No updates yet.
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stucklabor
07-14 10:50 AM
Pappu is right. At this point, no one knows when the SKIL bill will be debated, or if support for it is strong enough that it can even be brought to the floor.
The core team has said this N times and let me say it for the N+1th time. We DON'T HAVE any timelines. All we can do is try to influence but we are a small part of the puzzle. The House and Senate leadership decide what they want to do, based on the larger picture.
We are 5000 members, only 1000 contributing. Is it any wonder that things are at such a pass?
BTW, Pappu, your link didn't work for me.
The core team has said this N times and let me say it for the N+1th time. We DON'T HAVE any timelines. All we can do is try to influence but we are a small part of the puzzle. The House and Senate leadership decide what they want to do, based on the larger picture.
We are 5000 members, only 1000 contributing. Is it any wonder that things are at such a pass?
BTW, Pappu, your link didn't work for me.
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days_go_by
08-23 04:52 PM
in EB3, EB2 and EB1
--
140K visas in total,.8 and there is a 7% country ceiling (7 or 10% I am not sure), so apporx 9.8K visas per year max for a country.
And divide those numbers equally in Eb1, 2 and 3, and this includes spouse and children.
So, approx 4K primiary applicants (assuming that there are 1.5 dependents per primary applicant).
If the number of visas remain available (let's say Eb1 was not used up it tricles down to Eb2 then to Eb3) or rest of the world visas remain avialalble they can be given to retrogressed countries.
Also, previous year's unused visas were captured and used in 2005, that's why the actual number of visas given to Indians can vary every year.
But if all the coutries are retrogressed as now, then Indians would not gain any extra visas, restricting to 14K annual limit.
Please correct me if I am mistaken.
Regards,
dgb.
--
140K visas in total,.8 and there is a 7% country ceiling (7 or 10% I am not sure), so apporx 9.8K visas per year max for a country.
And divide those numbers equally in Eb1, 2 and 3, and this includes spouse and children.
So, approx 4K primiary applicants (assuming that there are 1.5 dependents per primary applicant).
If the number of visas remain available (let's say Eb1 was not used up it tricles down to Eb2 then to Eb3) or rest of the world visas remain avialalble they can be given to retrogressed countries.
Also, previous year's unused visas were captured and used in 2005, that's why the actual number of visas given to Indians can vary every year.
But if all the coutries are retrogressed as now, then Indians would not gain any extra visas, restricting to 14K annual limit.
Please correct me if I am mistaken.
Regards,
dgb.
div_bell_2003
10-14 07:43 PM
You can go visit India after your AP has been applied for, and you can ask your lawyer ( if you are using one ) to send the docs to you in India , so that you can come back with the new approved AP, off course you can't enter USA on an expired AP.
My lawyer has confirmed that one is only required to be present in the USA when applying and it's recommended that one is in US when it's approved, but due to the varying time USCIS is taking to process AP applications that is not a requirement and they can forward the documents to someone not in US.
My lawyer has confirmed that one is only required to be present in the USA when applying and it's recommended that one is in US when it's approved, but due to the varying time USCIS is taking to process AP applications that is not a requirement and they can forward the documents to someone not in US.
glosrfc
11-24 04:37 PM
Good luck guys. :fab:
Thanks...looks like I need it too! Now I've just got to figure out how I can split my solitary vote between my two entries :look:
Thanks...looks like I need it too! Now I've just got to figure out how I can split my solitary vote between my two entries :look:
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