Dilemma
10-22 05:42 PM
Hello -
I am in sort of big dilemma. My Background:
- Single (not married)
- Currently on H1-B valid until Dec 2011.
- PD July 2007. Company A
- I140 & AOS filed concurrently in Aug 2007. Approved I140 (June 2008) & AOS pending. EAD & AP since Dec 2007.
I am currently working (full-time) for company A who started my GC process since last 3+ yrs. And lately I am realizing that my growth opportunity in terms of salary (more importantly) & career is very limited & been looking out lately. To an extent that I feel so frustrated that it has started to affect my social behavior.
Recently, couple of other employers have shown interest in me which align completely with my future goals. But, the problem is the following:
- they dont do H1-B & willing to hire me on EAD. Hopefully, AC21 should not be a problem as the prospective job will be in the same area.
- I am currently single planning to get married in a year or so. I want my spouse to have an option to be my dependent ie H4.
So, I have following questions to experts here which will help me decide what option to take:
1) Shall I go ahead with new employer & start using EAD ?
2) My GC doesn't seem to get approved for another year or so. Is it worthwhile to keep the option of my spouse being on H4 open & get myself frustrated & spoil my career in current company?
3) Can I move to EAD -> H1-B later? Maybe once I move out of this company A & join company B on EAD either company B or some other company may be ready to file H1-B petition ? This is just to open up the option of my spouse get H4.
Please advise.
Thanks in advance...
I am in sort of big dilemma. My Background:
- Single (not married)
- Currently on H1-B valid until Dec 2011.
- PD July 2007. Company A
- I140 & AOS filed concurrently in Aug 2007. Approved I140 (June 2008) & AOS pending. EAD & AP since Dec 2007.
I am currently working (full-time) for company A who started my GC process since last 3+ yrs. And lately I am realizing that my growth opportunity in terms of salary (more importantly) & career is very limited & been looking out lately. To an extent that I feel so frustrated that it has started to affect my social behavior.
Recently, couple of other employers have shown interest in me which align completely with my future goals. But, the problem is the following:
- they dont do H1-B & willing to hire me on EAD. Hopefully, AC21 should not be a problem as the prospective job will be in the same area.
- I am currently single planning to get married in a year or so. I want my spouse to have an option to be my dependent ie H4.
So, I have following questions to experts here which will help me decide what option to take:
1) Shall I go ahead with new employer & start using EAD ?
2) My GC doesn't seem to get approved for another year or so. Is it worthwhile to keep the option of my spouse being on H4 open & get myself frustrated & spoil my career in current company?
3) Can I move to EAD -> H1-B later? Maybe once I move out of this company A & join company B on EAD either company B or some other company may be ready to file H1-B petition ? This is just to open up the option of my spouse get H4.
Please advise.
Thanks in advance...
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raysaikat
10-09 03:34 AM
Hello,
First of all, I really appreciate your efforts to help people in their immigration issues.
Currently, I am on H4 visa. Recently, I was offered employment and got my H1B approved.
But, my new I797 approval notice does not contain I-94 part.
Do we need to apply for Change of Status from H4 to H1B now while I remain in US? Do I need to do it or my employer needs to do it?
I would really appreciate your help.
Thanks,
Dhans
You need to go out of US, preferably to your home country, get an H1-B stamp on your passport, and reenter US using your H1-B visa stamp.
First of all, I really appreciate your efforts to help people in their immigration issues.
Currently, I am on H4 visa. Recently, I was offered employment and got my H1B approved.
But, my new I797 approval notice does not contain I-94 part.
Do we need to apply for Change of Status from H4 to H1B now while I remain in US? Do I need to do it or my employer needs to do it?
I would really appreciate your help.
Thanks,
Dhans
You need to go out of US, preferably to your home country, get an H1-B stamp on your passport, and reenter US using your H1-B visa stamp.
gcseeker2002
06-25 12:16 PM
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Pinkie7
03-14 07:29 PM
Thanks for the quick reply. I was reading that getting approved I129 means you are cap exempt for next 6 years. As the petition for visa was filed in 2007, so according to this cap exemption should be for next 6 years i.e. 2013. Would be really nice if you can clarify this.
more...
chunky
07-24 10:11 PM
I also have same question. DO we need to send COS. I heard that after getting receipt one is authorized to stay in US. I might be wrong. Please reply if anyone thinks differently..
fasterthanlight�
06-06 02:52 PM
Because i like the orb-look it gives, no glass effect would make it look flat and gross. :cap:
more...
dealsnet
08-25 03:59 PM
Stamping of H1B in US is stopped long back.
But one stamping of Indian passport is still doing in USCIS office. I-551 Passport Stamp after first CRIS email (I-485 approved), if any one want to travel in an emergency, and need not wait for physical GC.
Stamping within US is history - However, if COS is approved, your spouse can continue his studies without stamping, but if you exit the country then you need to stamp your F1 and return.
But one stamping of Indian passport is still doing in USCIS office. I-551 Passport Stamp after first CRIS email (I-485 approved), if any one want to travel in an emergency, and need not wait for physical GC.
Stamping within US is history - However, if COS is approved, your spouse can continue his studies without stamping, but if you exit the country then you need to stamp your F1 and return.
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eagerr2i
11-10 06:07 PM
You can find noraties always at the nearest "Mailboxes Etc".. in the town; they are pricey though at $ 10 per attestation, else you should check your legal department in your work place.
more...
gc_chahiye
07-25 05:29 PM
this makes it very hard for people who jumped jobs in their 7th/8th years with 1 year extensions from new employer. All were hoping to get LC+I_140 done within that year so they are eligible for further H1B extensions.
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Blog Feeds
12-21 06:50 PM
Dallas-Fort Worth Immigration Lawyer Has Just Posted the Following:
U.S. Citizenship and Immigration Services (USCIS) announced effective immediately, naturalization applicants must file Form N-400 Naturalization Applications at the USCIS Lockbox in either Phoenix or Dallas. The filing location depends on where the applicants resides.
Naturalization applicants who live in Alaska, Arizona, California, Colorado, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oregon, South Dakota, Utah, Washington, Wisconsin, Wyoming, Territory of Guam, or the Commonwealth of Northern Mariana Islands must file Form N-400 application to the USCIS Phoenix Lockbox.
USCIS Phoenix Lockbox:
P.O. Box 21251
Phoenix, Arizona, 85036
Naturalization applications who reside in Alabama, Arkansas, Connecticut, Delaware, District of Columbia, Florida, Georgia, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Vermont, Virginia, West Virginia, Puerto Rico, or the U.S. Virgin Islands must file Form N-400 application to the USCIS Dallas Lockbox.
USCIS Dallas Lockbox
P.O. Box 660060
Dallas, Texas 75266
For more information, please visit the USCIS Web site (http://www.uscis.gov).
More... (http://dfwimmigrationlaw.clarislaw.com/citizenship-and-naturalization/new-filing-locations-for-naturalization-applicants.php)
U.S. Citizenship and Immigration Services (USCIS) announced effective immediately, naturalization applicants must file Form N-400 Naturalization Applications at the USCIS Lockbox in either Phoenix or Dallas. The filing location depends on where the applicants resides.
Naturalization applicants who live in Alaska, Arizona, California, Colorado, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oregon, South Dakota, Utah, Washington, Wisconsin, Wyoming, Territory of Guam, or the Commonwealth of Northern Mariana Islands must file Form N-400 application to the USCIS Phoenix Lockbox.
USCIS Phoenix Lockbox:
P.O. Box 21251
Phoenix, Arizona, 85036
Naturalization applications who reside in Alabama, Arkansas, Connecticut, Delaware, District of Columbia, Florida, Georgia, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Vermont, Virginia, West Virginia, Puerto Rico, or the U.S. Virgin Islands must file Form N-400 application to the USCIS Dallas Lockbox.
USCIS Dallas Lockbox
P.O. Box 660060
Dallas, Texas 75266
For more information, please visit the USCIS Web site (http://www.uscis.gov).
More... (http://dfwimmigrationlaw.clarislaw.com/citizenship-and-naturalization/new-filing-locations-for-naturalization-applicants.php)
more...
nizamm
10-01 01:04 AM
Originally posted by DyersEve
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crystal
02-17 06:57 PM
You are right
This link says http://www.virginia.edu/iso/issp/OPTandH-1B.ppt#3
It is 90 days without employment on OPT. 10 days of unemployment between two jobs does not count towards the limit. You can also work part-time (20 hrs/week) or as a volunteer to stop the counter.
I recommend contacting your international department for details. They should be able to guide you depending on how useful/active they are!
This link says http://www.virginia.edu/iso/issp/OPTandH-1B.ppt#3
It is 90 days without employment on OPT. 10 days of unemployment between two jobs does not count towards the limit. You can also work part-time (20 hrs/week) or as a volunteer to stop the counter.
I recommend contacting your international department for details. They should be able to guide you depending on how useful/active they are!
more...
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Steve Mitchell
January 5th, 2004, 05:14 PM
Not really digital, but an amazing accomplishment. From the Nikon press area:
Record breaking Nikon F5
Service engineers at Nikon�s German Service Centre were amazed to discover during routine servicing recently that a Nikon F5 had achieved 1,092,904 shutter releases without fault.
Translating into about 35 kilometers of film this figure is a testament to the durable design of the mechanism, now also shared by the latest Nikon D2H Professional Digital SLR.
To put the 1,092,904 shutter releases into context, it equates to 34 hours of continuous shooting at 8 frames per second.
The camera is one of the bodies used in the Matthaus Photographic Studio in Nuremburg, Germany.
Nikon Germany�s Service Manager Joachim Hoffman said: �This is the most shutter releases I have ever seen. The F5 shutter is, in my opinion, definitely more durable than any other camera�s. Because the F5 in question was well looked after and serviced regularly, that makes it last longer- it�s a bit like going to the dentist!� he added.
Record breaking Nikon F5
Service engineers at Nikon�s German Service Centre were amazed to discover during routine servicing recently that a Nikon F5 had achieved 1,092,904 shutter releases without fault.
Translating into about 35 kilometers of film this figure is a testament to the durable design of the mechanism, now also shared by the latest Nikon D2H Professional Digital SLR.
To put the 1,092,904 shutter releases into context, it equates to 34 hours of continuous shooting at 8 frames per second.
The camera is one of the bodies used in the Matthaus Photographic Studio in Nuremburg, Germany.
Nikon Germany�s Service Manager Joachim Hoffman said: �This is the most shutter releases I have ever seen. The F5 shutter is, in my opinion, definitely more durable than any other camera�s. Because the F5 in question was well looked after and serviced regularly, that makes it last longer- it�s a bit like going to the dentist!� he added.
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fromnaija
11-17 12:15 PM
If an LCA is filed before July 2010 which is a 365 day point I will be allowed to extend my H1 for another 3 years while my Green Card is in process.
Not true! In the above scenario you will only be permitted to extend your H1 in yearly increment. To get a three-year extension you must have an approved I-140 Immigrant Petition for an Alien Worker.
I cannot or do not want to comment on the second part of your question. Sorry?
Not true! In the above scenario you will only be permitted to extend your H1 in yearly increment. To get a three-year extension you must have an approved I-140 Immigrant Petition for an Alien Worker.
I cannot or do not want to comment on the second part of your question. Sorry?
more...
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HalfDog
03-26 12:54 PM
Pretty neat.
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EkAurAaya
05-17 12:56 PM
I'm not a lawyer but my Mom was in the same situation accept she had GC back in the 70's and after that she moved to India and then used visitors visa to travel back and forth (couldn't travel every year) - My understanding is that once you use visitors visa to enter the country you automatically abandon your perm resident status (even though she never physically surrendered the GC).
She is now in the process of getting another 10 year visitor visa stamp, what I plan to do after that (through a lawyer) is request for info on her existing file under "right to know" laws, that will give information on her current state of GC... and then take it from there. Since I now have GC I'm thinking it would be easier to sponsor her in a few years then going through the process of reviving her GC (if thats even possible).
Hope this helps a little! if you plan to get info on her file make sure she has a good amount of time left on her visitors visa... so she can travel back and forth.
Good Luck! Share your experience :)
She is now in the process of getting another 10 year visitor visa stamp, what I plan to do after that (through a lawyer) is request for info on her existing file under "right to know" laws, that will give information on her current state of GC... and then take it from there. Since I now have GC I'm thinking it would be easier to sponsor her in a few years then going through the process of reviving her GC (if thats even possible).
Hope this helps a little! if you plan to get info on her file make sure she has a good amount of time left on her visitors visa... so she can travel back and forth.
Good Luck! Share your experience :)
more...
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ita
01-20 05:51 PM
Yes you can get a second job while on EAD...I read in another thread that you keep one job as primary job which satisfies the LC rules then can work on second job and don't have to worry if your second job is as per LC rules or not. Hope this helps.
Thank you.
Thank you.
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mundakamal
06-13 08:53 PM
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pappu
08-26 01:17 PM
Thanks OP for posting these articles. Really great articles.
Hey I would suggest and ask everyone to send the emails to the BW and SFMAG and thank them for writing such good articles. This will motivate them to write more articles like these and gets us in the picture and our issues which will help in CIR
Both are good articles. Thanks for posting.
I agree with you. We should be writing in the comments area of both these websites to show support for such articles.
Hey I would suggest and ask everyone to send the emails to the BW and SFMAG and thank them for writing such good articles. This will motivate them to write more articles like these and gets us in the picture and our issues which will help in CIR
Both are good articles. Thanks for posting.
I agree with you. We should be writing in the comments area of both these websites to show support for such articles.
ss12345
05-06 01:45 PM
Thanks for doing this service which helps many ppl's lives.
My employer applied for H1 extn last year (sept'08) and after my project ended in Nov'08, I left to home country in Dec'08 (I-94 expired)and I recently came back on H4. I heardfrom my employer that I got an RFE asking client letter and due date was May 4th. He did not respond since I didn't have project. Now I am in the process of project confirmation, and I have to be on H1 to start working again,
1) Do I have to apply for new H1 (non-cap) or just apply for H4 to H1 COS or both? if 'both' then can I apply both in one package under PP? Can I start working on receiving receipt number?
2) Can I apply H1 with the same employer, will there be a problem since he did not respond to RFE before? or can I apply for H1 transfer to a different employer using the previous H1 receipt number(is the receipt number still valid) or apply for new non-cap H1?
My employer applied for H1 extn last year (sept'08) and after my project ended in Nov'08, I left to home country in Dec'08 (I-94 expired)and I recently came back on H4. I heardfrom my employer that I got an RFE asking client letter and due date was May 4th. He did not respond since I didn't have project. Now I am in the process of project confirmation, and I have to be on H1 to start working again,
1) Do I have to apply for new H1 (non-cap) or just apply for H4 to H1 COS or both? if 'both' then can I apply both in one package under PP? Can I start working on receiving receipt number?
2) Can I apply H1 with the same employer, will there be a problem since he did not respond to RFE before? or can I apply for H1 transfer to a different employer using the previous H1 receipt number(is the receipt number still valid) or apply for new non-cap H1?
kshitijnt
07-24 04:49 AM
Hi-
My spouse recently started working on F1 OPT. She also got her H1 approved (port of entry was requested and not change of status). H1 was through lottery to start from oct upon stamping. Suddenly our PD moved forward and we will file 485 next month.
We are going to India in dec. By that time we should get our AP. My question is does my wife need to go for H1 stamp or can she enter using her AP and keep H1 status. Both of us have different employers. Her 485 will be filed as my dependant.
Secondly - I will also get a new EAD. Can I work second part time job using that ead while maintaining my permanent job using H1?
My spouse recently started working on F1 OPT. She also got her H1 approved (port of entry was requested and not change of status). H1 was through lottery to start from oct upon stamping. Suddenly our PD moved forward and we will file 485 next month.
We are going to India in dec. By that time we should get our AP. My question is does my wife need to go for H1 stamp or can she enter using her AP and keep H1 status. Both of us have different employers. Her 485 will be filed as my dependant.
Secondly - I will also get a new EAD. Can I work second part time job using that ead while maintaining my permanent job using H1?
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