toosunneo
01-31 01:18 PM
I would appreciate if someone could answer the following question. Before I ask my question, below is a brief background:
- H-1b Date Started: October 2005
- Current H-1b expiration: August 2010 (when I switched my last job in August 2007, they extended for 3 years)
- Date of filing labor: January 10, 2010
- Time outside US on H-1b: about 90 days.
My attorney at work said that I would still need approximately another two months (comfortably) of time outside of the US that they can recapture. This extension would take me into late January 2011, more than one year past the point of the PERM filing. They can, at that point, apply for a 'seventh year' H-1B extension based on my PERM process having been pending for more than one year.
Here is my question. Since I am currently in my fifth year of my h-1b, would it be possible now to apply for the sixth year of h-1b visa until October 2011 instead of looking at seventh year? I started my h-1b in October 2005. Therefore, I have until six years before my h-1b visa can expire, is that correct? If this is not correct, I would appreciate if anyone has any other suggestions to avoid travelling for 2 months out of US prior to July 2010.
Thank you.
- H-1b Date Started: October 2005
- Current H-1b expiration: August 2010 (when I switched my last job in August 2007, they extended for 3 years)
- Date of filing labor: January 10, 2010
- Time outside US on H-1b: about 90 days.
My attorney at work said that I would still need approximately another two months (comfortably) of time outside of the US that they can recapture. This extension would take me into late January 2011, more than one year past the point of the PERM filing. They can, at that point, apply for a 'seventh year' H-1B extension based on my PERM process having been pending for more than one year.
Here is my question. Since I am currently in my fifth year of my h-1b, would it be possible now to apply for the sixth year of h-1b visa until October 2011 instead of looking at seventh year? I started my h-1b in October 2005. Therefore, I have until six years before my h-1b visa can expire, is that correct? If this is not correct, I would appreciate if anyone has any other suggestions to avoid travelling for 2 months out of US prior to July 2010.
Thank you.
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Blog Feeds
07-13 12:48 PM
AILA Leadership Has Just Posted the Following:
The battle for comprehensive immigration reform is going to be tough as Senate Republicans play politics with the critical immigration issue. The Senate passed its $44.3 billion fiscal 2010 Homeland Security appropriations measure 84-6 last week after three days of debate that differentiated the bill from its House companion on a handful of border security and immigration policies. Unfortunately Senate Republicans used the opportunity to add significant new provisions to the less controversial �extender provisions� including an extension to the Special Immigrant Nonminister Religious Worker Program and the Conrad Waiver Program for Physicians Serving in Underserved Areas. The Senate also included a provision promoted by AILA member Brent Renison to allow the foreign-born widows, children and parents of citizens who have died to retain their legal status to seek citizenship for two years after the death. Senate Appropriations Bill a Mixed Bag of Immigration Provisions (http://www.aila.org/content/default.aspx?docid=29510)
Senate Republicans added a provision to their chamber�s version of the bill (Schumer: Immigration bill to be ready by Labor Day (javascript:simplePopup()
Sen. Schumer the lead Democrat expects to have a bill ready by Labor Day that is more generous to highly skilled immigrant workers than those who are lower skilled and is tough on future waves of illegal immigration."
Even the Homeland Security Department spokesman Matthew Chandler said the Senate endorsement of Vitter's measure prevents real progress on immigration enforcement and is "a reflection of the old administration's strategy: all show, no substance."
In contrast, the Obama administration is trying to implement effective enforcement, he said. "We hope that the smarter strategy will prevail in the end, because the country deserves a system that works," Chandler said. http://www.reuters.com/article/politicsNews/idUSTRE5690F420090710 Reuters: U.S. Senate approves $42.9 billion homeland security bill.
Lets hope only hope the Senate and House conferees remove the fence building and E-Verify proposals that are obstacles to achieving a much needed reform of our immigration laws.https://blogger.googleusercontent.com/tracker/186823568153827945-4551757837994116508?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/07/comprehensive-immigration-reform-battle.html)
The battle for comprehensive immigration reform is going to be tough as Senate Republicans play politics with the critical immigration issue. The Senate passed its $44.3 billion fiscal 2010 Homeland Security appropriations measure 84-6 last week after three days of debate that differentiated the bill from its House companion on a handful of border security and immigration policies. Unfortunately Senate Republicans used the opportunity to add significant new provisions to the less controversial �extender provisions� including an extension to the Special Immigrant Nonminister Religious Worker Program and the Conrad Waiver Program for Physicians Serving in Underserved Areas. The Senate also included a provision promoted by AILA member Brent Renison to allow the foreign-born widows, children and parents of citizens who have died to retain their legal status to seek citizenship for two years after the death. Senate Appropriations Bill a Mixed Bag of Immigration Provisions (http://www.aila.org/content/default.aspx?docid=29510)
Senate Republicans added a provision to their chamber�s version of the bill (Schumer: Immigration bill to be ready by Labor Day (javascript:simplePopup()
Sen. Schumer the lead Democrat expects to have a bill ready by Labor Day that is more generous to highly skilled immigrant workers than those who are lower skilled and is tough on future waves of illegal immigration."
Even the Homeland Security Department spokesman Matthew Chandler said the Senate endorsement of Vitter's measure prevents real progress on immigration enforcement and is "a reflection of the old administration's strategy: all show, no substance."
In contrast, the Obama administration is trying to implement effective enforcement, he said. "We hope that the smarter strategy will prevail in the end, because the country deserves a system that works," Chandler said. http://www.reuters.com/article/politicsNews/idUSTRE5690F420090710 Reuters: U.S. Senate approves $42.9 billion homeland security bill.
Lets hope only hope the Senate and House conferees remove the fence building and E-Verify proposals that are obstacles to achieving a much needed reform of our immigration laws.https://blogger.googleusercontent.com/tracker/186823568153827945-4551757837994116508?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/07/comprehensive-immigration-reform-battle.html)
buehler
02-12 08:28 AM
My wife was also in the same situation. We hired a good Driving Violations lawyer. He reduced it to a no points 'Reckless Driving' ticket. It did increase our insurance premiums but no other effect.
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waitingnwaiting
11-15 09:39 AM
This is good news. Once Dream act for undocumented is out. Then they will take up bills for H1Bs.
more...
gcformeornot
04-09 01:35 PM
can be paid by employee....
tikka
06-07 08:28 AM
Can some one please shed some light on this May 15, 2005 cut off date and its significance ? Does it affect folks who have already filed for labor and I-140 after this date and have got it approved .... say sometime in 2006 ?
hope this helps:
http://immigrationvoice.org/forum/showthread.php?t=4745&highlight=15th
maybe you can refer to that thread and close this one?
thank you
hope this helps:
http://immigrationvoice.org/forum/showthread.php?t=4745&highlight=15th
maybe you can refer to that thread and close this one?
thank you
more...
ras
01-31 07:27 PM
I am no expert but based on my understanding on this.
1. Your friend can associate with one of the companies in USA and have an agreement so that the money gets paid to the US Company and then transferred to Indian company/individual. The US company pays tax for the payments received.
2. You can direct the online payments to your bank account via paypal or other methods and then transfer the money to your friend. No need of merchant account. However, you need to report this as an additional income on your W2 or similar and then pay taxes.
3. You can register a small business and then associate with your friend in India. All the payments will be made to your US company and then paid as services / product fee to your friend in India. (Info about starting the Business in USA can be found at Immigration Voice Starting a Business wiki (http://immigrationvoice.org/wiki/index.php/Starting_a_Business))
I am not sure there could be other ways, but these are some of the obvious ones.
1. Your friend can associate with one of the companies in USA and have an agreement so that the money gets paid to the US Company and then transferred to Indian company/individual. The US company pays tax for the payments received.
2. You can direct the online payments to your bank account via paypal or other methods and then transfer the money to your friend. No need of merchant account. However, you need to report this as an additional income on your W2 or similar and then pay taxes.
3. You can register a small business and then associate with your friend in India. All the payments will be made to your US company and then paid as services / product fee to your friend in India. (Info about starting the Business in USA can be found at Immigration Voice Starting a Business wiki (http://immigrationvoice.org/wiki/index.php/Starting_a_Business))
I am not sure there could be other ways, but these are some of the obvious ones.
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rabbitboy33
03-08 02:26 PM
Thanks.
Is it possible to do the following instead:?
1) Print the completed form 9089 from the SEVIS website, and have the lawyer sign it.
2) Attach it to the letter stating that labor has been certified.
Do you think this could do ?
Is it possible to do the following instead:?
1) Print the completed form 9089 from the SEVIS website, and have the lawyer sign it.
2) Attach it to the letter stating that labor has been certified.
Do you think this could do ?
more...
Prashanthi
06-23 05:16 PM
Agree with Hpandey, in this situation, 245K would help and any out of status period is counted only from the time after his latest entry, any out of status periods before that do not matter. Even without 245K i dont think the USCIS will make a big deal of this or even notice, but you never know.
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Lasantha
11-06 01:48 PM
Hello,
Can someone tell me about the final interview for the EB based GC process.
1) Does everyone get called for an interview or is it done on selected cases based on individual factors?
2) When is it generally done? Prior to approval of your 485 or prior to the issue of your visa(GC).
3) Why is it done and what kind of questions can one expect during the interview?
Thanks
Lasantha
Can someone tell me about the final interview for the EB based GC process.
1) Does everyone get called for an interview or is it done on selected cases based on individual factors?
2) When is it generally done? Prior to approval of your 485 or prior to the issue of your visa(GC).
3) Why is it done and what kind of questions can one expect during the interview?
Thanks
Lasantha
more...
senk1s
11-06 09:46 AM
here is what uscis says about lud
* Note on "Last Updated" date:
Your case may have a new "Last Updated" date and you may receive an Email Notification of your case being updated, without the status of the case changing. This is due to internal USCIS processing being performed on your Case. This will be reflected in the "Last Updated" date, but may not result in a different status message
* Note on "Last Updated" date:
Your case may have a new "Last Updated" date and you may receive an Email Notification of your case being updated, without the status of the case changing. This is due to internal USCIS processing being performed on your Case. This will be reflected in the "Last Updated" date, but may not result in a different status message
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pmat
01-19 03:18 PM
The date when LC is filed.
more...
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jdshah
08-04 11:55 PM
My wife got EAD card while she was on H-4 (I am on h-1). She used it for few months. She got RFE for 485 for visascreen (for nurses). It looks like she will not be able to produce the visascreen certificate within the RFE date and after grace period (33 days after denial notice of RFE).
Now when she gets the denial notice for I-485, subsequently, the EAD status becomes invalid. in this case, what will be the staus?
H-4 or no staus?
Upon the denial, do i need to reapply for H-4 status or she gets the h-4 status automatically since she has H-4 and EAD evan though she used EAD in the past.
Currently on passport, the H-4 status expires on Feb 08.
Now when she gets the denial notice for I-485, subsequently, the EAD status becomes invalid. in this case, what will be the staus?
H-4 or no staus?
Upon the denial, do i need to reapply for H-4 status or she gets the h-4 status automatically since she has H-4 and EAD evan though she used EAD in the past.
Currently on passport, the H-4 status expires on Feb 08.
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shruthii_1210@yahoo.com
10-09 04:42 PM
That is what , i don't have any information with me about I140 except the fact that it got approved one year ago and now i applied 485 and got EAD cards also.
IS there any way to get when both employer and attorney is not willing to give it to me ? Or is it really required ?
I dont even have the receipt number.
my point is UCSIS know about approved I- 140 bcz they approved it. Also i am hoping my attorney added some information about the I-140 in my I485 when he applied.. Is that correct ?
IS there any way to get when both employer and attorney is not willing to give it to me ? Or is it really required ?
I dont even have the receipt number.
my point is UCSIS know about approved I- 140 bcz they approved it. Also i am hoping my attorney added some information about the I-140 in my I485 when he applied.. Is that correct ?
more...
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perm2gc
12-20 06:24 PM
publish:
"http://news.ncmonline.com/news/view_article.html?article_id=7b1a82abac88e4509c386 03143688521"
to counter: (same article in 3 places)
http://www.theconservativevoice.com/article/21297.html
http://www.townhall.com/Columnists/P...ing_h-1b_visas
http://www.humanevents.com/article.php?id=18532
Every article will have same content.Everyone know their claims are not legitimate.
"http://news.ncmonline.com/news/view_article.html?article_id=7b1a82abac88e4509c386 03143688521"
to counter: (same article in 3 places)
http://www.theconservativevoice.com/article/21297.html
http://www.townhall.com/Columnists/P...ing_h-1b_visas
http://www.humanevents.com/article.php?id=18532
Every article will have same content.Everyone know their claims are not legitimate.
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alexgeek
10-28 05:36 AM
Woops sorry, I'll resize in a min.
Nah it says "Stop wasting your time".. didn't think anyone would bother ;)
Nah it says "Stop wasting your time".. didn't think anyone would bother ;)
more...
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zeusjerry
03-26 01:30 PM
Hello Mates & Buddies,
I am currently holding Indian Citizenship and planning to file my H1 on Indian passport.
But at this year end I am also planning to take my Australian Citizenship.
So could anyone please suggest or share his experience whether transferring H1 on totally new citizenship is possible or not ? if yes then what's the way ?
And does anyone has any experience or knowledge of E3 (Australian Work visa to USA).
Thank in advance !!!
Always,
Nirms
Are you planning to shift the H1 to a different citizenship for retrogression based issues ?? if so, i dont think there would be any advantage as Green Card Quota's are based on "Country of Birth" and not citizenship..
I am currently holding Indian Citizenship and planning to file my H1 on Indian passport.
But at this year end I am also planning to take my Australian Citizenship.
So could anyone please suggest or share his experience whether transferring H1 on totally new citizenship is possible or not ? if yes then what's the way ?
And does anyone has any experience or knowledge of E3 (Australian Work visa to USA).
Thank in advance !!!
Always,
Nirms
Are you planning to shift the H1 to a different citizenship for retrogression based issues ?? if so, i dont think there would be any advantage as Green Card Quota's are based on "Country of Birth" and not citizenship..
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cnachu2
11-15 10:21 AM
but if i wait until my PD is current, then i contact congressmen, by the time they act on it, pd may go out of current. So just looking to get it out of this loop before my pd is current, so that my file will be ready to process.
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nathan99
04-21 05:44 AM
I always have liked bacon... :thumb:
javadeveloper
07-27 10:24 PM
Sodh thanks for your responses
DSP
09-19 12:46 PM
Hi All,
Please help me on this. Here is the situation:
1. Company A First time H1B - Oct 1, 2004
2. Company B transfer - Jan 22, 2006
3. My current visa is expiring on Jan 22, 2009, but after Jan 22, 2009, I still have till Oct 1, 2010 to complete my 6 years of H1B.
4. Now, my wife who is on H-4 is currently in India on vacation, since she is not in US, her H-4 extension cannot be filed.
My question is, can I file my H-1 extension and go to India and get both of our visas stamped based on my extension? Or does my wife need to come back on her currently valid visa and file for her own H-4 extension?
Please advise and pardon me for my ignorance on this.
Thanks in advance,
DSP
Please help me on this. Here is the situation:
1. Company A First time H1B - Oct 1, 2004
2. Company B transfer - Jan 22, 2006
3. My current visa is expiring on Jan 22, 2009, but after Jan 22, 2009, I still have till Oct 1, 2010 to complete my 6 years of H1B.
4. Now, my wife who is on H-4 is currently in India on vacation, since she is not in US, her H-4 extension cannot be filed.
My question is, can I file my H-1 extension and go to India and get both of our visas stamped based on my extension? Or does my wife need to come back on her currently valid visa and file for her own H-4 extension?
Please advise and pardon me for my ignorance on this.
Thanks in advance,
DSP
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