bugsbunny
05-17 01:24 PM
Hi,
I will be done with my second master's this July 29. I have two months grace period to leave the country as I already used my OPT after my first master's. I have a job offer and they are willing to do my H1B which starts from October 2011. But my two months grace period will end this september 29. If my H1B is filed in September under Premium processing, will I be in status or out of status for those two days. Did any one face similar problem before. If so, can you please give me the solution?
Thanks,
KEDoubt
You can extend your F1 status under "cap-gap" relief
USCIS - Extension of Post-Completion Optional Practical Training (OPT) and F-1 Status for Eligible Students under the H-1B Cap-Gap Regulations</br> Questions and Answers (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=1d175ffaae4b7210VgnVCM100000082ca60aRCR D&vgnextchannel=6abe6d26d17df110VgnVCM1000004718190a RCRD)
Here is an extract but please read the entire document carefully from the above link
Q4. How does a student covered under the cap-gap extension obtain proof of continuing status?
A4. The student should go to their Designated School Official (DSO) with evidence of a timely filed H-1B petition (indicating a request for change of status rather than for consular processing), such as a copy of the petition and a FedEx, UPS, or USPS Express/certified mail receipt. The student�s DSO will issue a preliminary cap-gap I-20 showing an extension until June 1.
If the H-1B petition is selected for adjudication, the student should return to his or her DSO with a copy of the petitioning employer�s Form I-797, Notice of Action, with a valid receipt number, indicating that the petition was filed and accepted. The student�s DSO will issue a new cap-gap I-20 indicating the continued extension of F-1 status.
I will be done with my second master's this July 29. I have two months grace period to leave the country as I already used my OPT after my first master's. I have a job offer and they are willing to do my H1B which starts from October 2011. But my two months grace period will end this september 29. If my H1B is filed in September under Premium processing, will I be in status or out of status for those two days. Did any one face similar problem before. If so, can you please give me the solution?
Thanks,
KEDoubt
You can extend your F1 status under "cap-gap" relief
USCIS - Extension of Post-Completion Optional Practical Training (OPT) and F-1 Status for Eligible Students under the H-1B Cap-Gap Regulations</br> Questions and Answers (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=1d175ffaae4b7210VgnVCM100000082ca60aRCR D&vgnextchannel=6abe6d26d17df110VgnVCM1000004718190a RCRD)
Here is an extract but please read the entire document carefully from the above link
Q4. How does a student covered under the cap-gap extension obtain proof of continuing status?
A4. The student should go to their Designated School Official (DSO) with evidence of a timely filed H-1B petition (indicating a request for change of status rather than for consular processing), such as a copy of the petition and a FedEx, UPS, or USPS Express/certified mail receipt. The student�s DSO will issue a preliminary cap-gap I-20 showing an extension until June 1.
If the H-1B petition is selected for adjudication, the student should return to his or her DSO with a copy of the petitioning employer�s Form I-797, Notice of Action, with a valid receipt number, indicating that the petition was filed and accepted. The student�s DSO will issue a new cap-gap I-20 indicating the continued extension of F-1 status.
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atleasth1b
08-22 05:08 PM
I am in a very Bad situation it seems, please help.
I am working in US on L1B visa and Wife on L2. then Wife got a Job and her employer filled her 485.
In the mean time I applied for H1 (through a consultant, to get out of the L1B company). Looks like the H1 Got Approved. Now, I think the problem is, If I switch to H1, then she will loose her job and our chance of Getting EAD will go.
I do NOT want to go for H1, but EAD Is important to me. Is there a Way I can keep my L1? (so that my wife can keep her job)
Please help
I am working in US on L1B visa and Wife on L2. then Wife got a Job and her employer filled her 485.
In the mean time I applied for H1 (through a consultant, to get out of the L1B company). Looks like the H1 Got Approved. Now, I think the problem is, If I switch to H1, then she will loose her job and our chance of Getting EAD will go.
I do NOT want to go for H1, but EAD Is important to me. Is there a Way I can keep my L1? (so that my wife can keep her job)
Please help
rparuchuri
08-10 08:42 AM
I think you can safely sponser visitors visa while you are on H1B. What do you mean by working at clients place? is that place listed on your H1B application. Many times Attorney list any other state as required. I remember my attorney doing this. But still, I don't think it should matter, at the same time, I am not an attorney.
Good luck
Good luck
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prasadn
11-11 08:47 PM
Thank you for the reply. What if my 485 gets approved before the 485 date current again and I could apply for her?
Thanks
Your I-485 will not get approved until the dates become current for you. For eg. say in March 2009 bulletin (which is valid from April 1st of 2009), your priority date becomes current. Your I-485 can be approved only after April 1st. Just have your wife's application ready and apply on the first day when your priority date becomes current.
Thanks
Your I-485 will not get approved until the dates become current for you. For eg. say in March 2009 bulletin (which is valid from April 1st of 2009), your priority date becomes current. Your I-485 can be approved only after April 1st. Just have your wife's application ready and apply on the first day when your priority date becomes current.
more...
anilsal
12-09 01:36 PM
Over the last few years, lots of people get GCs quickly while people who applied earlier do not. There is no real queuing semantics applied.
I am sure the NC process is the same. All luck!!!!
I am sure the NC process is the same. All luck!!!!
k2006
08-22 12:44 PM
It is not clear to me why there is inconsistency on whatever they reply for the processing of NSC-->CSC-->NSC cases. Sometime I hear NSC mentions that these transfer cases would be processed based on CSC processing date (which doen't make sense because CSC stopped processing of I-485 caes, so how CSC processing date would move and the transferred case is waiting in NSC not in CSC) and sometime I hear NSC mentions those cases would be processed based on NSC processing date. Which one is actually true ?
I am wondering so far have we seen any approval from NSC for NSC-->CSC-->NSC transferred cases whose processing date RD/ND falls in 2007 (after the 2006 processing date of CSC).
I am wondering so far have we seen any approval from NSC for NSC-->CSC-->NSC transferred cases whose processing date RD/ND falls in 2007 (after the 2006 processing date of CSC).
more...
IneedAllGreen
06-18 12:41 AM
Its alright most of the time USCIS looks for last year or last 2 years tax return. I think W-2 is good enough to prove that you are eligible for Tax return.
Hi everyone,
I have 2004 W2 but cant seem to find my tax return. I have 2003, 2005, 2006tax returns but not 2004. What can I do to get that return. Please any advice will be appreciated.
Thanks
Hi everyone,
I have 2004 W2 but cant seem to find my tax return. I have 2003, 2005, 2006tax returns but not 2004. What can I do to get that return. Please any advice will be appreciated.
Thanks
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s416504
03-31 09:56 AM
Will be hard to give correct answer because we don't know what was his status since H1B approval & now (more than year period). If he went went out of country & returned to USA during this period, He is fine with his L1 Status.
As far his H1B approval has valid period, he should be OK to work with H1B sponcer employer as far as he maintained valid status. He might need to go out & get H1B visa stamping before he starts works.
But one thing is sure, He won't be part of H1B Quota limit for his next H1B.
Hi..
Need some urgent help here..
One of my friend is working for X employer on L1 Visa since 2007. He applied for H1B visa through Y company in 2008 quota, luckily he got it but never joined the company. Now his L1 visa is about to expire.
Question is
What will happen to his H1B visa after L1 visa renewal ?
Thanks in advance
As far his H1B approval has valid period, he should be OK to work with H1B sponcer employer as far as he maintained valid status. He might need to go out & get H1B visa stamping before he starts works.
But one thing is sure, He won't be part of H1B Quota limit for his next H1B.
Hi..
Need some urgent help here..
One of my friend is working for X employer on L1 Visa since 2007. He applied for H1B visa through Y company in 2008 quota, luckily he got it but never joined the company. Now his L1 visa is about to expire.
Question is
What will happen to his H1B visa after L1 visa renewal ?
Thanks in advance
more...
xtronics
03-19 10:33 AM
It is still pending. Already 7 weeks. Any input guys?
Thank you
Thank you
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m2kkk
07-31 12:29 PM
I don't see the gain. Although a fresh L petition has better chance of approval, you still have to get a visa approved, which may get rejected.
Given your wife's situation of EAD, you are better off applying for an extension here. They will not reject an application as long it meets all the requirements.
Thanks ! I dont know if the reasons for rejection are entirely based on merits of the petition but from experience of my coworkers around here, the employer advises a fresh petition. If I wish to go for a fresh petition how soon can I travel before my VISA expiry date ? Is there any deadline stipulated ? My VISA expires on 11/18/2008. Can I travel in Sept and submit a fresh petition for approval ?
Thanks
Given your wife's situation of EAD, you are better off applying for an extension here. They will not reject an application as long it meets all the requirements.
Thanks ! I dont know if the reasons for rejection are entirely based on merits of the petition but from experience of my coworkers around here, the employer advises a fresh petition. If I wish to go for a fresh petition how soon can I travel before my VISA expiry date ? Is there any deadline stipulated ? My VISA expires on 11/18/2008. Can I travel in Sept and submit a fresh petition for approval ?
Thanks
more...
raj3078
01-31 06:02 PM
I have been reading lot of threads lately on IV...While I am in same boat as all of you, I feel really stressed out after reading these threads. Almost feels sad about myself and others. I feel we need stress reduction...So lets get back to what we find the most fun. Prediction of VB Priority dates for Marc07.:D
Let me start by guessing myself
EB1 - All current
EB2- World -C, China 22nd May 05, India - 1st Feb 03, Everyone else current
EB3- Not sure if even God can predict here:confused:
Raj
Let me start by guessing myself
EB1 - All current
EB2- World -C, China 22nd May 05, India - 1st Feb 03, Everyone else current
EB3- Not sure if even God can predict here:confused:
Raj
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TexDBoy
06-01 05:36 PM
Hi all,
I currently working in California and planning to move to Texas. Our company does not have a office in Texas .. so I will be working from home for the same company.
My I-140 is approved and 485 is pending for more than 180 days.
while AC-21 allows for changing employers with a different geographical location, is it OK to work for the same employer who does not have an office in a different geographical location?
Also, can we do H1B extension in this case? Any idea what my employer should show in this case if I work from home.
Thanks so much for your replies
TexDBoy
I currently working in California and planning to move to Texas. Our company does not have a office in Texas .. so I will be working from home for the same company.
My I-140 is approved and 485 is pending for more than 180 days.
while AC-21 allows for changing employers with a different geographical location, is it OK to work for the same employer who does not have an office in a different geographical location?
Also, can we do H1B extension in this case? Any idea what my employer should show in this case if I work from home.
Thanks so much for your replies
TexDBoy
more...
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rajuram
01-31 09:37 PM
don't waste your time predicting.
Correct, donot waste your time predicting, rather use it for packing your bags!!
Correct, donot waste your time predicting, rather use it for packing your bags!!
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uma001
08-31 01:25 PM
My current reporting structure with my employer is:
Client -> Prime Vendor -> Consultant X -> My employer
Another consultant is ready to transfer my visa and the reporting structure there is
Client -> Prime Vendor -> My employer
A prime vendor (not the same client) is also ready to transfer my visa
Client -> My employer
I am planning to transfer it to either (or both) of the above two companies. Will there be a problem in those two companies filing for a tranfer at (approx) the same time?
Is there a way I can ask an attorney directly (I am willing to pay for that service)
Why do you want to transfer to both companies same time? If so, how can you work for both companies same time.
Client -> Prime Vendor -> Consultant X -> My employer
Another consultant is ready to transfer my visa and the reporting structure there is
Client -> Prime Vendor -> My employer
A prime vendor (not the same client) is also ready to transfer my visa
Client -> My employer
I am planning to transfer it to either (or both) of the above two companies. Will there be a problem in those two companies filing for a tranfer at (approx) the same time?
Is there a way I can ask an attorney directly (I am willing to pay for that service)
Why do you want to transfer to both companies same time? If so, how can you work for both companies same time.
more...
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fromnaija
04-29 05:13 PM
"Oversight" is correct as Visa Office was responding to House Committee that has oversight function for immigration.
I'm guessing you meant "insight" (understanding, revelation) not "oversight" (supervision, mistake)
I'm guessing you meant "insight" (understanding, revelation) not "oversight" (supervision, mistake)
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Tigran78
03-11 01:15 PM
Hi,
I am Us citizen and sent a request letter with my Mom to US Embassy in Armenia to kindly grant my Mom a tourist visa to visit me and my new born son. I also signed and sent dully filled and signed Affidavit of Support form with all the requested paper work. However, my Mom was denied the tourist visa on the grounds that I did not returned to Armenia in 2000 (8 years Ago) before my J1 Visa expiration.
But I got visa extension befor J1 visa expiration then applied for permanent resident and got my green card).
I did not violate any regulation.
What can I do ? Please Help.
I am Us citizen and sent a request letter with my Mom to US Embassy in Armenia to kindly grant my Mom a tourist visa to visit me and my new born son. I also signed and sent dully filled and signed Affidavit of Support form with all the requested paper work. However, my Mom was denied the tourist visa on the grounds that I did not returned to Armenia in 2000 (8 years Ago) before my J1 Visa expiration.
But I got visa extension befor J1 visa expiration then applied for permanent resident and got my green card).
I did not violate any regulation.
What can I do ? Please Help.
more...
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Dhundhun
02-19 11:25 PM
F1 means International Student and so you are not California Resident for tuition purpose (UCs, CSUs and any state funded institution e.g. community colleges follow this practice).
Private institutions don't care, usually fee is same.
For taxation purpose, you are resident of CA and will be paying taxes on earnings.
Private institutions don't care, usually fee is same.
For taxation purpose, you are resident of CA and will be paying taxes on earnings.
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kirupa
02-25 05:04 PM
You can adjust the movie dimensions in Swift 3D. Create a new movie and select the Layout caption on the left. You will see the Layout section appear with the Width and Height fields. About your second question, I will have to look into that; I have no definite answer right now.
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newtoh1
03-25 11:00 AM
Hi,
My friend got EAD.His wife is on F1 visa.If he starts using EAD instead of applying for H1 extension, Can he able to join his wife to his GC process who is currently on F1 when his priority date become current.His priority date is Sept06.140 Approved.july 2, 2007 filer.485 is pending.
Thanks
My friend got EAD.His wife is on F1 visa.If he starts using EAD instead of applying for H1 extension, Can he able to join his wife to his GC process who is currently on F1 when his priority date become current.His priority date is Sept06.140 Approved.july 2, 2007 filer.485 is pending.
Thanks
ars01
02-19 10:51 AM
As far as I know priority date can ony be transfered when the I-140 is approved. Go ahead and get both I-140 approved and use the earlier date towards the new one at the time of filing of I-485.
IneedAllGreen
03-02 08:31 AM
Yes for H1B you are entitled to get Return ticket back to your home country if you are being laid off or fired. Last year my earlier employer offer me return ticket to home contry. They specified that we are offering as per the clause or law of H1B visa. Offcourse I didnt accept it but you cant get money for not accepting this return ticket offer.
Hope this help
INeedAllGreen
I would return home to Canada. I am not sure of the immigration policies in India :)
Could you point me to chapter and verse from some official DOL or USCIS website?
Thanks.
Hope this help
INeedAllGreen
I would return home to Canada. I am not sure of the immigration policies in India :)
Could you point me to chapter and verse from some official DOL or USCIS website?
Thanks.
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