meridiani.planum
12-19 12:45 AM
There's a quite a misconception that if h1 is canceled, it cannot be extended. It's nothing like that. Your friend can file for visa transfer (pay extra for premium processing) and get it in two weeks.
The only time you have to file a new H1 is when you leave US and remain outside for a year. Otherwise an transfer is all you need. This misconception is very widespread. Rajiv Khanna was at pains to try to exterminate this in one of his tele-conferences.
Anyhow, at this point, your friend should be talking to an attorney instead of having you make a post at this forum.
seconding this post. the H1 is still valid. It can be extended. The only two potential troubles are:
1. its been quite some time since your friend was last in status (Sept) so USCIS will liekly issue an RFE (do the transfer in premium processing) and will approve the H1 but not the updated status (you will get an I797 without an I94 at the bottom). If that happens your friend will need to leave the US and return (any border, need not go to home country) to activate teh H1.
2. if your friend stays out of status for >6 months it can impact his eligibility for greencard down the line.
The only time you have to file a new H1 is when you leave US and remain outside for a year. Otherwise an transfer is all you need. This misconception is very widespread. Rajiv Khanna was at pains to try to exterminate this in one of his tele-conferences.
Anyhow, at this point, your friend should be talking to an attorney instead of having you make a post at this forum.
seconding this post. the H1 is still valid. It can be extended. The only two potential troubles are:
1. its been quite some time since your friend was last in status (Sept) so USCIS will liekly issue an RFE (do the transfer in premium processing) and will approve the H1 but not the updated status (you will get an I797 without an I94 at the bottom). If that happens your friend will need to leave the US and return (any border, need not go to home country) to activate teh H1.
2. if your friend stays out of status for >6 months it can impact his eligibility for greencard down the line.
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yabadaba
06-26 08:24 PM
^^^^
prince_waiting
12-12 12:02 PM
Hi fellow IVians from the 'Heart of Dixie',
Birmingham is at an equal distant from Montgomery as well as from Huntsville if I am correct. Willing to travel from Auburn to Birmingham for a state chapter meeting if it is convened.
Birmingham is at an equal distant from Montgomery as well as from Huntsville if I am correct. Willing to travel from Auburn to Birmingham for a state chapter meeting if it is convened.
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drona
10-03 11:26 AM
gctoget, I have sent you an email.
paskal, thanks for your efforts to activate all state chapters. We really appreciate it.
paskal, thanks for your efforts to activate all state chapters. We really appreciate it.
more...
meridiani.planum
08-11 11:41 PM
Hi Guys,
I am in a similar position, I have applied for my I-485 last july and PD is Jan 2007, I haven't got any RFE yet but reading all the posts I think I might get one for BC. My BC has 20th August as date of birth but from my school certificate,PP, DL all have 17th August date and I have send an affidavit with I-485 from my parents that I was born on 17th August. But Now when I read all the forums I think I should have send the affidavit which should have said that 20th was right but I did not know that uscis gives more importance to BC date instead of dates on other documents.
Does somebody know what uscis might do? Should I support 17th or 20th date now? and if 20th then is it possible date on school certificate, DL can be changed? I finished my 10th in 1990 and CBSE board. but on CBSE website they say they can change the DOB but only if I had finished 10th in the last two years.
Can somebody please suggest what to do since I can be ready if i get RFE.
Thanks in advance.
of all the docs, only the birth certificate is off right? that too by just 3 days. Rest everything is in sync. Moreover you have sent an affidavit also saying 17th is the date. I think you will be ok, just relax.
DO NOT send an affidavit now claiming 20th is your birth date, when you have just sent one claiming 17th. An affidavit is a serious statement, and you cant keep changing the facts you state in it. At the end of the day USCIS wants clear-cut documents on date and place of birth, and when in doubt or if there are conflicts, then an affidavit is needed. You have sent it all in and settled on the 17th, stick by that story now. In the unlikely event you get an RFE, you can get another affidavit from your parents confirming that the date on the cert is wrong.
I am in a similar position, I have applied for my I-485 last july and PD is Jan 2007, I haven't got any RFE yet but reading all the posts I think I might get one for BC. My BC has 20th August as date of birth but from my school certificate,PP, DL all have 17th August date and I have send an affidavit with I-485 from my parents that I was born on 17th August. But Now when I read all the forums I think I should have send the affidavit which should have said that 20th was right but I did not know that uscis gives more importance to BC date instead of dates on other documents.
Does somebody know what uscis might do? Should I support 17th or 20th date now? and if 20th then is it possible date on school certificate, DL can be changed? I finished my 10th in 1990 and CBSE board. but on CBSE website they say they can change the DOB but only if I had finished 10th in the last two years.
Can somebody please suggest what to do since I can be ready if i get RFE.
Thanks in advance.
of all the docs, only the birth certificate is off right? that too by just 3 days. Rest everything is in sync. Moreover you have sent an affidavit also saying 17th is the date. I think you will be ok, just relax.
DO NOT send an affidavit now claiming 20th is your birth date, when you have just sent one claiming 17th. An affidavit is a serious statement, and you cant keep changing the facts you state in it. At the end of the day USCIS wants clear-cut documents on date and place of birth, and when in doubt or if there are conflicts, then an affidavit is needed. You have sent it all in and settled on the 17th, stick by that story now. In the unlikely event you get an RFE, you can get another affidavit from your parents confirming that the date on the cert is wrong.
AabTuAgaGC
06-30 04:36 PM
Even though, i have everything ready, I will send my docs next week. No need to get into panic gear. If the dates retrogress, screw GC, if not well and good. Honestly, I am sick and tired of this bloody GC. I have far more things to worry about in life than if f***ing GC business. Screw you USCIS:mad: :mad:
more...
amslonewolf
01-26 11:52 AM
This is an important step zero. I am sure Reid will push this through in the Senate.
But in this congress it's all about what the House does.. Need to see the House version of this bill..
But in this congress it's all about what the House does.. Need to see the House version of this bill..
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grupak
03-01 10:20 AM
Time to send in the monthly contributions.
I just mailed mine online.
I just mailed mine online.
more...
pbojja
11-06 10:03 AM
Hi
Immigration gurus - any suggestions/comments? Is this normal?
Thanks!
I got couple of weird updates in November one on my EAD and other on 140 which was apporved in 2006 .
I received my EAD in October but in November they updated my EAD again to approved on Nov XX 2008 , If this is true I should receive one more EAD but I did not.
Again today the status of my approved 2006 I140 changed to approved on Nov 5 th 2008 , I dont know if this is real . I will know in few days if I recieve other approval.
For me I m not worried because both of them are approvals again .. Your case is different but as long as you have your approved 140 you should be ok . But if you do not receive any update in few weeks I would suggest you take info pass appointment and check with them , dont take it easy.
Immigration gurus - any suggestions/comments? Is this normal?
Thanks!
I got couple of weird updates in November one on my EAD and other on 140 which was apporved in 2006 .
I received my EAD in October but in November they updated my EAD again to approved on Nov XX 2008 , If this is true I should receive one more EAD but I did not.
Again today the status of my approved 2006 I140 changed to approved on Nov 5 th 2008 , I dont know if this is real . I will know in few days if I recieve other approval.
For me I m not worried because both of them are approvals again .. Your case is different but as long as you have your approved 140 you should be ok . But if you do not receive any update in few weeks I would suggest you take info pass appointment and check with them , dont take it easy.
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jayleno
09-25 11:15 AM
Awesome. If a picture is worth 1000 words, a cartoon is worth atleast 25000 to 50000 words approx.
http://www.reason.com/images/07cf533ddb1d06350cf1ddb5942ef5ad.jpg
Enjoy
http://www.reason.com/images/07cf533ddb1d06350cf1ddb5942ef5ad.jpg
Enjoy
more...
WeShallOvercome
07-23 04:44 PM
well. won't you need the receipt when you travel..i thought one was required to carry the receipt when traveling internationally.
I'm going to ask my employer/lawyer for the receipt as I have to go out of country in the second week of October. But you never know, these guys don't care about your life.. They might still not give it to you... (Yeah, everyone knows I-485 is OUR application and they do not have a legal right to hold our receipt notices, but we are at their mercy for atleast 180 days)
I'm going to ask my employer/lawyer for the receipt as I have to go out of country in the second week of October. But you never know, these guys don't care about your life.. They might still not give it to you... (Yeah, everyone knows I-485 is OUR application and they do not have a legal right to hold our receipt notices, but we are at their mercy for atleast 180 days)
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franklin
07-11 06:03 PM
I can make some calls.
Thank you - I've just sent you a pm
Thank you - I've just sent you a pm
more...
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pappu
07-28 12:09 PM
I dont know whether IV could raise this issue or members of each state could talk with the DMV (highest official) or even the governor of the state so that this ridiculous rule which is causing a lot of pain to lot of our members is taken care off. They introduced this rule to keep away people who are out of status to renew the lisence. For that they only need to check the visas / other documents and need not require the person to retake the whole test. The DMV claims that this is required because as of the date of expiry of your (non renewable) lisence, you actually dont have a lisence to renew and therefore have to redo the whole thing.
Good idea. It is something state chapters can take up as an issue and take it to the local authorities. Michigan chapter had successfully done some advocacy effort. Those members can provide guidance if you are interested in taking it up in your state. IV will also help as needed and put its weight behind you, once you take it up as your action item at chapter level.
Good idea. It is something state chapters can take up as an issue and take it to the local authorities. Michigan chapter had successfully done some advocacy effort. Those members can provide guidance if you are interested in taking it up in your state. IV will also help as needed and put its weight behind you, once you take it up as your action item at chapter level.
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gunsnkars
10-17 12:10 PM
Contract - Corp-to-Corp - Slave
Contract - W2 - Slave
Contract to Hire - Independent - Slave
Contract to Hire - Last but not the least "SLAVE"
"Any one with genuine answers"
Contract - W2 - Slave
Contract to Hire - Independent - Slave
Contract to Hire - Last but not the least "SLAVE"
"Any one with genuine answers"
more...
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umangini
04-15 09:01 AM
Thank you for very good advice.
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loudobbs
09-04 10:46 AM
My company attorneys filed by I140 incorrectly under EB3 and was approved in 2006. They refiled PP under EB2 using a copy of approved labor in May 2007. When I last checked the status is assigned to an officer.
Once the new I140 is approved would I have to do an interfiling? I am not if they both have the same A#....
Hi guys,
I would like to know if somebody has done interfiling i.e. upgrading EB category while pending AOS. I am planning to do it as soon as I receive my RN (July filer). I was looking for some more info on this from folks who have already done it. Thx
Once the new I140 is approved would I have to do an interfiling? I am not if they both have the same A#....
Hi guys,
I would like to know if somebody has done interfiling i.e. upgrading EB category while pending AOS. I am planning to do it as soon as I receive my RN (July filer). I was looking for some more info on this from folks who have already done it. Thx
more...
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cin45220
01-26 04:45 PM
u are a rasam drinking gulty, right?
:eek:
check your facts again. racism is considered sexy these days ;)
If you think that racism is sexy, then it's just because you are a racist bigot. Start loving in 21st century...
With a comment like the above one, it shows that all your parent's investment (and yours) for your education has been a total waste. Hope that you are not teaching you kids that 'racism is sexy'..
-CinBoy
:eek:
check your facts again. racism is considered sexy these days ;)
If you think that racism is sexy, then it's just because you are a racist bigot. Start loving in 21st century...
With a comment like the above one, it shows that all your parent's investment (and yours) for your education has been a total waste. Hope that you are not teaching you kids that 'racism is sexy'..
-CinBoy
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Ramba
09-26 05:07 PM
Hello,
I am in serious trouble. Sometime ago I tried to switch my I-140 from EB3 to EB2. Now I get NOID to deny 140. Something related to prevailing wage (lawyer has actual letter). In my LC the offered wage was OK for EB3 but low for EB2. Lawyer says he'll try to reinstate EB3, but not sure. Has any one of you been able to reinstate EB3 140? Please help...
The information you posted is not sufficient to provide any opinion. If you post complete details of your case, then someone can thro some light.
I am in serious trouble. Sometime ago I tried to switch my I-140 from EB3 to EB2. Now I get NOID to deny 140. Something related to prevailing wage (lawyer has actual letter). In my LC the offered wage was OK for EB3 but low for EB2. Lawyer says he'll try to reinstate EB3, but not sure. Has any one of you been able to reinstate EB3 140? Please help...
The information you posted is not sufficient to provide any opinion. If you post complete details of your case, then someone can thro some light.
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AabTuAgaGC
06-30 04:36 PM
Even though, i have everything ready, I will send my docs next week. No need to get into panic gear. If the dates retrogress, screw GC, if not well and good. Honestly, I am sick and tired of this bloody GC. I have far more things to worry about in life than if f***ing GC business. Screw you USCIS:mad: :mad:
gonecrazyonh4
01-29 12:06 PM
Agreement Reached to Re-evaluate Rule Requiring Federal Contractors to Use E-Verify
Yesterday, the U.S. government agreed to delay until May 21, 2009, implementation of a new rule requiring federal contractors to use the federal government�s E-Verify employment eligibility system.
SHRM and other associations requested this extension after the president�s Chief of Staff, Rahm Emanuel, issued a memorandum to all agencies stating that agencies should consider extending the effective dates of all regulations that were published in the Federal Register but that have not yet taken effect.
While SHRM, the U.S. Chamber of Commerce, Associated Builders and Contractors, HR Policy Association, and the American Council on International Personnel still have a lawsuit pending against the government challenging the legality of the federal contractor mandate, this agreement suspends court proceedings in order to allow the Obama Administration an opportunity to review the rule.
Yesterday, the U.S. government agreed to delay until May 21, 2009, implementation of a new rule requiring federal contractors to use the federal government�s E-Verify employment eligibility system.
SHRM and other associations requested this extension after the president�s Chief of Staff, Rahm Emanuel, issued a memorandum to all agencies stating that agencies should consider extending the effective dates of all regulations that were published in the Federal Register but that have not yet taken effect.
While SHRM, the U.S. Chamber of Commerce, Associated Builders and Contractors, HR Policy Association, and the American Council on International Personnel still have a lawsuit pending against the government challenging the legality of the federal contractor mandate, this agreement suspends court proceedings in order to allow the Obama Administration an opportunity to review the rule.
mlkedave
03-30 11:58 AM
when is this thing going in completed battles? Just wondering...