jaggu
08-16 01:41 PM
When I went for H1B stamping my B1 was cancelled and I was told one can not have more than one visa at the same time.
I had L1 stamped first and then B1 and both for the same company. Because the company was same in both these cases, thats why there doesnt seem to reason for cancelling my B1. But this time, i am going for H1 stamping from some another company. It is sure that my L1 will get cancelled(because this is company specific visa) but have a doubt about B1.
Is there any way/process that i can have B1(which i got from existing company) and H1(from new company) at the same time.
I had L1 stamped first and then B1 and both for the same company. Because the company was same in both these cases, thats why there doesnt seem to reason for cancelling my B1. But this time, i am going for H1 stamping from some another company. It is sure that my L1 will get cancelled(because this is company specific visa) but have a doubt about B1.
Is there any way/process that i can have B1(which i got from existing company) and H1(from new company) at the same time.
josecuervo
08-11 10:46 AM
see my signature
go_gc_way
09-10 07:51 AM
Shilpa Ghodgaonkar has rightly summarized probelms of skilled professionals waiting for their green cards.
Thnaks to IV & Shilpa Ghodgaonkar for great efforts to bring the attention of law makers to our problems.
Names of audience is impressive, I am hopeful this effort will help on going efforts to bring relief.
Great job.
Thnaks to IV & Shilpa Ghodgaonkar for great efforts to bring the attention of law makers to our problems.
Names of audience is impressive, I am hopeful this effort will help on going efforts to bring relief.
Great job.
nozerd
02-28 12:26 PM
Thanks Y,
I was thinking more along the lines of transfering from US Public education school system to either ICSE, CBSE or Maharashtra Sate Board.
Upto what standard would it be relatively eay for a child to adapt and integrate into the Indian system ?
I was thinking more along the lines of transfering from US Public education school system to either ICSE, CBSE or Maharashtra Sate Board.
Upto what standard would it be relatively eay for a child to adapt and integrate into the Indian system ?
more...
thomachan72
11-30 12:10 PM
I have a passport expiry and new visa stamping conflict. My last visa stamping expired on Oct 01, 2009. And my current (Indian)passport expiration date is July 04, 2011. Also, my H1b approval is under the transfer process (so I don't have the new I-797 as yet). I'm planning to travel to India sometime in January, expecting the new H1b approval soon now.
Should i get my passport renewed here before leaving for India ? I believe you can renew one year in advance of pasport expiry date either here or in IndiaI'm worried if they will give me a new passport valid only for a year as a note on the website says "A passport is also issued for one year in cases of expiry of valid U.S. residence visa. In such cases, applicants have to apply for extension of validity as soon as valid U.S. Residence visa is approved. There is no fee for extension of validity of passport."
Since my last visa stamping has expired and I will soon have a new H1B, if i go for a new visa stamping, will I be given a visa with validity until my passport expiry ? Or, I can get my passport renewed in India and then go for the stamping? you will be given visa for the duration you are eligible for and not based on the pasport expiry date, however, when renetering your I-94 could be limited to the pasport expiry date even though visa is of longer duration. So ideally you would get pasport extended here and then go for the stampingI'm afraid I may not have enough days to squeeze in both when I visit. Or, if i get my passport renewed here, are they going to give me a new passport only valid for a year since I don't have any valid visa stamping but a valid I797? Dont understand why you would be given a one year passport?? Never heard about that but others might help out with that information
Please advise.
Thank you.
Best
Should i get my passport renewed here before leaving for India ? I believe you can renew one year in advance of pasport expiry date either here or in IndiaI'm worried if they will give me a new passport valid only for a year as a note on the website says "A passport is also issued for one year in cases of expiry of valid U.S. residence visa. In such cases, applicants have to apply for extension of validity as soon as valid U.S. Residence visa is approved. There is no fee for extension of validity of passport."
Since my last visa stamping has expired and I will soon have a new H1B, if i go for a new visa stamping, will I be given a visa with validity until my passport expiry ? Or, I can get my passport renewed in India and then go for the stamping? you will be given visa for the duration you are eligible for and not based on the pasport expiry date, however, when renetering your I-94 could be limited to the pasport expiry date even though visa is of longer duration. So ideally you would get pasport extended here and then go for the stampingI'm afraid I may not have enough days to squeeze in both when I visit. Or, if i get my passport renewed here, are they going to give me a new passport only valid for a year since I don't have any valid visa stamping but a valid I797? Dont understand why you would be given a one year passport?? Never heard about that but others might help out with that information
Please advise.
Thank you.
Best
chanduv23
11-07 12:52 PM
look at www.h1bmates.com
more...
shreekarthik
02-25 11:34 PM
Bear in mind the following
You dont need to pay any tax in India for money that you withdraw from your 401k for only upto two years after you return back to india. (your are no longer a nri and the 2 years is the buffer)
For any money you withdraw after 2 years, you need to tay tax in US (which shouldnt be a lot if you withdraw little by little and you being non-resident of usa) and also pay tax in india (which could be quite a bit)
If you have GC then you can take out ur 401k in 2 installments (because u have RNOR status for 2 years) and file tax as a resident in USA (because of GC).
If you don't have GC then please take all ur 401k in one shot in the year you leave. Otherwise you'll pay 10% penalty and then 30% tax to USA because you will be a Non resident as for as US is concerned in the next year.
You dont need to pay any tax in India for money that you withdraw from your 401k for only upto two years after you return back to india. (your are no longer a nri and the 2 years is the buffer)
For any money you withdraw after 2 years, you need to tay tax in US (which shouldnt be a lot if you withdraw little by little and you being non-resident of usa) and also pay tax in india (which could be quite a bit)
If you have GC then you can take out ur 401k in 2 installments (because u have RNOR status for 2 years) and file tax as a resident in USA (because of GC).
If you don't have GC then please take all ur 401k in one shot in the year you leave. Otherwise you'll pay 10% penalty and then 30% tax to USA because you will be a Non resident as for as US is concerned in the next year.
kaybeedee
11-05 12:06 PM
My wife would be travelling to India soon and the question is whether to use AP or go for a H1 visa. She has been working on H1 (but no H1 visa yet) and also has a valid AP. The 485 is pending on my name.
In my understanding if she uses AP in the reentry, her status would change to AOS (Adj of Status) and can stay until the 485 is adjudicated. But if 485 is rejected she would be out of status immediately. We have been told (by my filing attorney) that if she gets a H1 visa this she wouldn't be out of status in case of 485 rejection - she can continue to stay & work on H1.
Is the above correct ? And if 485 gets rejected while on H1 would she be out of status immediately ?
- I heard that the 485 rejection mentions an 'order' to leave the country within x number of days - I was wondering what the implications are if she is on H1 status (having reentered on valid H1 visa earlier) - Does her status still hold good and continue stay and work on H1 ?
- Also at the time of applying for H1 visa what kind of information can be or cannot be shared at the Visa Interview ? just to make sure that the H1 visa doesn't get rejected due to her pending 485
Many Thanks !!!
In my understanding if she uses AP in the reentry, her status would change to AOS (Adj of Status) and can stay until the 485 is adjudicated. But if 485 is rejected she would be out of status immediately. We have been told (by my filing attorney) that if she gets a H1 visa this she wouldn't be out of status in case of 485 rejection - she can continue to stay & work on H1.
Is the above correct ? And if 485 gets rejected while on H1 would she be out of status immediately ?
- I heard that the 485 rejection mentions an 'order' to leave the country within x number of days - I was wondering what the implications are if she is on H1 status (having reentered on valid H1 visa earlier) - Does her status still hold good and continue stay and work on H1 ?
- Also at the time of applying for H1 visa what kind of information can be or cannot be shared at the Visa Interview ? just to make sure that the H1 visa doesn't get rejected due to her pending 485
Many Thanks !!!
more...
thakkarbhav
11-17 12:31 PM
I believe that from I 485 stage both cases (Primary applicant and dependant) are different. Primay applicant can be on H1-B or EAD for work purpose but the immigration status will be AOS.
Same is true for dependant candidate. They will be on AOS even if they have approved H4 or EAD.
If primary candidate wants to maintain H1-B status then it is ok. No need for dependant to follow and maintain H4 status. They can work on EAD and contiue their AOS application.
Same is true for dependant candidate. They will be on AOS even if they have approved H4 or EAD.
If primary candidate wants to maintain H1-B status then it is ok. No need for dependant to follow and maintain H4 status. They can work on EAD and contiue their AOS application.
snaidu
02-12 01:29 PM
How do cases get assigned to NSC or Texas?
Is it possible to file 140 at a particular center? or is it based on jurisdiction etc?
Is it possible to file 140 at a particular center? or is it based on jurisdiction etc?
more...
nonimmi
07-02 10:02 AM
I see people not supporting the CIR which was suppose to be a pro Immigration bill, no matter which part of the society it was supporting. My question is Are you guys out here a Pro or an anti immigration forum?
Or are you guys out here are to fulfill their selfish dreams, stand on others to reach the top.
Can anyone answer me? I really doubt the people out here.
Did you ask your parents whether you were born logal??
Some of have that doubt. Can you clarify please?
Or are you guys out here are to fulfill their selfish dreams, stand on others to reach the top.
Can anyone answer me? I really doubt the people out here.
Did you ask your parents whether you were born logal??
Some of have that doubt. Can you clarify please?
indio0617
07-20 10:43 AM
I got a brilliant idea guys, I am sure it is not new but it looks now is the right time to pursue it.
Apparently it would be very difficult to fight FBI namechek delays. After USCIS was swamped with a pile of cases due to visa retrogression fiasco the processing times most probably will increase significantly. The visa retrogression is going to be reinstated.
Also there is a great injustice to those who had to go through the BEC black hole.
I think everybody agrees that the current green card process is a lottery where winners get everything in a couple of months and losers wait sometimes 10 years. (Yes I know such cases).
So how to fix all this in a way that it would not affect negatively anybody?
The answer might be very simple: Count the time spent waiting in the administration created lines towards citizenship. In other words the 5 year count starts not when one get the green card but from one�s priority date. After all it is not the immigrant's fault that he has the same name as someone who saw a suspicious person on the plane and was questioned by FBI as a witness.
This would PARTIALLY restore justice without punishing anybody.
USCIS will be happy as it would take off some pressure from their delays.
Legislators are happy as more people will be able to vote for them.
Immigration lawyers are happy as the measure would not take away their revenue, in fact it may even increase it.
All those who say in numerous interviews on TV �.. we are a nation of immigrants and we support LEGAL immigration but we do not want amnesty�� are happy or would have to admit that they are happy to save the face.
The current losers in immigration process would automatically catch up (almost) with the luckiest ones.
Immigrationvoice will be happy as I am sure many current waiters and even those who already got their green cards would contribute to support the measure.
Anti immigrants are NOT UNHAPPY since the measure does not increase the number of immigrants.
Employers are NOT UNHAPPY since the measure does not affect them in any way.
If immigrationvoice has desire and resources to suggest and support a measure to the legislature it better concentrate on this rather that on something like �� make FBI report namecheck results to the applicants..�.
Of course it would require changes to the current legislature but I cannot imagine that somebody would come out with a sensible reason against it.
sbdol:
IV core has thought about this specific proposal before and it is already on our radar. Thanks for suggesting though.
Apparently it would be very difficult to fight FBI namechek delays. After USCIS was swamped with a pile of cases due to visa retrogression fiasco the processing times most probably will increase significantly. The visa retrogression is going to be reinstated.
Also there is a great injustice to those who had to go through the BEC black hole.
I think everybody agrees that the current green card process is a lottery where winners get everything in a couple of months and losers wait sometimes 10 years. (Yes I know such cases).
So how to fix all this in a way that it would not affect negatively anybody?
The answer might be very simple: Count the time spent waiting in the administration created lines towards citizenship. In other words the 5 year count starts not when one get the green card but from one�s priority date. After all it is not the immigrant's fault that he has the same name as someone who saw a suspicious person on the plane and was questioned by FBI as a witness.
This would PARTIALLY restore justice without punishing anybody.
USCIS will be happy as it would take off some pressure from their delays.
Legislators are happy as more people will be able to vote for them.
Immigration lawyers are happy as the measure would not take away their revenue, in fact it may even increase it.
All those who say in numerous interviews on TV �.. we are a nation of immigrants and we support LEGAL immigration but we do not want amnesty�� are happy or would have to admit that they are happy to save the face.
The current losers in immigration process would automatically catch up (almost) with the luckiest ones.
Immigrationvoice will be happy as I am sure many current waiters and even those who already got their green cards would contribute to support the measure.
Anti immigrants are NOT UNHAPPY since the measure does not increase the number of immigrants.
Employers are NOT UNHAPPY since the measure does not affect them in any way.
If immigrationvoice has desire and resources to suggest and support a measure to the legislature it better concentrate on this rather that on something like �� make FBI report namecheck results to the applicants..�.
Of course it would require changes to the current legislature but I cannot imagine that somebody would come out with a sensible reason against it.
sbdol:
IV core has thought about this specific proposal before and it is already on our radar. Thanks for suggesting though.
more...
bluez25
07-22 06:03 PM
Tinku,
How can you be so sure that I should be ok even when the dates move back? any links for me to read on information...
How can you be so sure that I should be ok even when the dates move back? any links for me to read on information...
mchundi
12-17 10:54 PM
Can any senior Guy/Guru confirm this...
"USCIS have suspended the AC21 act" is it so? And when USCIS suspended AC21?
I only meant some provisions(relating to 7% country quota). This is already discussed by Gravitation in this forum. Sorry for the confusion. AC21 is congressionally mandated. USCIS can only interpret it and come up with an implementation as per the law. They cannot deviate much.
"USCIS have suspended the AC21 act" is it so? And when USCIS suspended AC21?
I only meant some provisions(relating to 7% country quota). This is already discussed by Gravitation in this forum. Sorry for the confusion. AC21 is congressionally mandated. USCIS can only interpret it and come up with an implementation as per the law. They cannot deviate much.
more...
krustycat
10-24 08:39 PM
fatjoe.
Did you get any receipt # in the mail or from your lawyer before calling them to ask for the checks to be cashed?
Because they are refusing to enter a "service request" for my case unless I provide them with a receipt # (Which I didn't get, that's the reason I am calling. This is like a closed loop. I am calling because I didn't get anything receipt yet, they tell me I cannot do anything if I don't give them a receipt #, it's funny, isn't it?). They don't accept my tracking number from USPS express mail as a proof of receipt.
Did you get any receipt # in the mail or from your lawyer before calling them to ask for the checks to be cashed?
Because they are refusing to enter a "service request" for my case unless I provide them with a receipt # (Which I didn't get, that's the reason I am calling. This is like a closed loop. I am calling because I didn't get anything receipt yet, they tell me I cannot do anything if I don't give them a receipt #, it's funny, isn't it?). They don't accept my tracking number from USPS express mail as a proof of receipt.
meridiani.planum
06-19 03:54 PM
Hi,
I am posting this on my friend's behalf. Here's his situation:
a) He's on H1
b) Applied for 485 / 765 / 131 through his employer.
c) Still on H1; EAD & AP approved.
d) Priority date no longer current for 485
e) He gets married.
f) Wife comes to US on H-4.
g) He's interested in switching jobs so that he can move on to new company and utilize his EAD, but since his wife is here on H4 - she would lose status.
h) Another thing is, she is also interested in working but can't do that on H-4.
Question: Is it possible to add her name as a dependent on his existing 485 & apply for her 765 & 131 (EAD / AP), even if his PD is not current? I've heard that some lawyers can file petition; but they charge hefty amount. But I've also heard that PD needs to be current in order to add his spouse's name as a dependent to 485 / 765 / 131.
Please let me know if it's possible to add the dependent regardless of PD being current or not.
Thanks in advance.
She cant file her 485/EAD/AP if the spouse's PD is not current.
her only option if she wants to work is filing her own H1. Until she changes status to her own H1, husband cannot use EAD (he needs to maintain H1 so she has H4 status).
However he *CAN* change jobs using AC-21, the new employer must sponsor his H1, he cant join on EAD. You dont HAVE to use EAD to switch jobs using AC-21, switching on H1 is also ok.
I am posting this on my friend's behalf. Here's his situation:
a) He's on H1
b) Applied for 485 / 765 / 131 through his employer.
c) Still on H1; EAD & AP approved.
d) Priority date no longer current for 485
e) He gets married.
f) Wife comes to US on H-4.
g) He's interested in switching jobs so that he can move on to new company and utilize his EAD, but since his wife is here on H4 - she would lose status.
h) Another thing is, she is also interested in working but can't do that on H-4.
Question: Is it possible to add her name as a dependent on his existing 485 & apply for her 765 & 131 (EAD / AP), even if his PD is not current? I've heard that some lawyers can file petition; but they charge hefty amount. But I've also heard that PD needs to be current in order to add his spouse's name as a dependent to 485 / 765 / 131.
Please let me know if it's possible to add the dependent regardless of PD being current or not.
Thanks in advance.
She cant file her 485/EAD/AP if the spouse's PD is not current.
her only option if she wants to work is filing her own H1. Until she changes status to her own H1, husband cannot use EAD (he needs to maintain H1 so she has H4 status).
However he *CAN* change jobs using AC-21, the new employer must sponsor his H1, he cant join on EAD. You dont HAVE to use EAD to switch jobs using AC-21, switching on H1 is also ok.
more...
GCBy3000
09-07 06:53 PM
This poll should also collect the year of PD and whether they have any dependents.
muthukmk
08-03 04:14 PM
Hi All,
I have my labor filed and approved for EB3 March 2005 PD. My I140 too has been approved in June 2007. I filed for 485 on July 2nd. I would like to know whether I can now start a fresh EB2 and also apply for I140 and use the older Eb3 priority date of March 2005. I have not changed my company I need guidance for experts in this regard.
Just for information, my I140 was approved after I had applied for 485
Regards,
I have my labor filed and approved for EB3 March 2005 PD. My I140 too has been approved in June 2007. I filed for 485 on July 2nd. I would like to know whether I can now start a fresh EB2 and also apply for I140 and use the older Eb3 priority date of March 2005. I have not changed my company I need guidance for experts in this regard.
Just for information, my I140 was approved after I had applied for 485
Regards,
Kushal
09-15 05:23 PM
Will join...see you all in the chat room
Sri_
03-18 07:30 AM
kpchal2,
I think you might be aware that Priority date will be present on I-140 Approval Notice. In case if you donot have access to copies of I-140 approval notices, then you may try the following option, provided you atleast know the receipt numbers of the I-140 applications.
Take infopass appointment, and based on your I-140 receipt number, request the officer to let you know the priority date on I-140.
Thanks
Sri_
I think you might be aware that Priority date will be present on I-140 Approval Notice. In case if you donot have access to copies of I-140 approval notices, then you may try the following option, provided you atleast know the receipt numbers of the I-140 applications.
Take infopass appointment, and based on your I-140 receipt number, request the officer to let you know the priority date on I-140.
Thanks
Sri_
gcisadawg
12-17 11:25 AM
I traveled via Lufthansa last month ( EWR-FRA-MAA) and had approved H1B petition on hand ( to show that I'm legally working without any gaps) and on returning I showed AP.
If you look at German consulate site, they have mentioned that if an Indian citizen residing in US is traveling to India, then he just need to have proof of continuous legal stay in US.
If an Indian citizen living in US is travelling to say, Australia, then he needs to have German transit visa in addition to Australian Visa.
While returning, it is either AP or valid stamp on passport.
If you look at German consulate site, they have mentioned that if an Indian citizen residing in US is traveling to India, then he just need to have proof of continuous legal stay in US.
If an Indian citizen living in US is travelling to say, Australia, then he needs to have German transit visa in addition to Australian Visa.
While returning, it is either AP or valid stamp on passport.
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