morchu
05-14 12:04 PM
Not true.
Your H1B status starts from the "start date" shown in the COS/H1B approval notice. If the H1B is approved for this fiscal year, most probably it will be October 1, 2009. So till then you are in L1.
Also nothing prohibits you from re-entering on a valid L1 visa, but after re-entry you are assumed to be in L1 status. And you might end up filing COS petition one more time.
Now your question is interesting, because you are re-entering in a period of your L1 validity and I assume H1 is not valid for status till 2009 Oct.
I am not really sure about all the possible solutions in this situation. The solution I know is, enter using L1 and file another COS (not a full H1 petition, but just a COS, showing already approved H1).
Answer to OP;s questions are:
1. Yes
2. Might abandon the COS (not sure about this). But definitely your H1 is not abandoned.
3. Not automatic, another COS might be required.
Questions 4,5,6,7 are irrelavant after you file a COS on re-entry.
Since your H-1B change of status is approved, you are in H-1B Status now. In order to continue working on H-1B status after overseas trip, you must enter USA using H-1B visa stamp. This may require you to apply and get new H-1B visa stamp.
Please consider getting professional advice from your attorney before making any travel plans and what visa to use for re-entering.
______________________
Not a legal advice.
US citizen of Indian origin
.
Your H1B status starts from the "start date" shown in the COS/H1B approval notice. If the H1B is approved for this fiscal year, most probably it will be October 1, 2009. So till then you are in L1.
Also nothing prohibits you from re-entering on a valid L1 visa, but after re-entry you are assumed to be in L1 status. And you might end up filing COS petition one more time.
Now your question is interesting, because you are re-entering in a period of your L1 validity and I assume H1 is not valid for status till 2009 Oct.
I am not really sure about all the possible solutions in this situation. The solution I know is, enter using L1 and file another COS (not a full H1 petition, but just a COS, showing already approved H1).
Answer to OP;s questions are:
1. Yes
2. Might abandon the COS (not sure about this). But definitely your H1 is not abandoned.
3. Not automatic, another COS might be required.
Questions 4,5,6,7 are irrelavant after you file a COS on re-entry.
Since your H-1B change of status is approved, you are in H-1B Status now. In order to continue working on H-1B status after overseas trip, you must enter USA using H-1B visa stamp. This may require you to apply and get new H-1B visa stamp.
Please consider getting professional advice from your attorney before making any travel plans and what visa to use for re-entering.
______________________
Not a legal advice.
US citizen of Indian origin
.
wallpaper I Miss You So Much
freakin_gc
02-01 12:25 PM
NSC,I know they are really pain in the ass...my wife recently completed her PHD...we are now seriously thinking about filing another I-140 in EB1 category at TSC. I believe they are much faster than NSC. Again we are not sure whether we can able to file another I-485
If your i-140 reciept mentions 'Skilled worker or Professional, sec.203(b)(3)A(i) or (ii)' Then you are good to go.....dont worry about it was applied as skilled worker.... you should not have any problem in getting the approval again if you company financial status is good..
All the best..
BTW what is your service center, NSC or Texas ?
Thanks
sb
If your i-140 reciept mentions 'Skilled worker or Professional, sec.203(b)(3)A(i) or (ii)' Then you are good to go.....dont worry about it was applied as skilled worker.... you should not have any problem in getting the approval again if you company financial status is good..
All the best..
BTW what is your service center, NSC or Texas ?
Thanks
sb
SU1979
10-09 01:02 PM
Please provide additional details regarding U'r labor like EB1/2/3
GC approval process is a long process, U just started U'rs. I don't understand whatz the panic..
Pleaseprovide appropriate titles when U create a thread...
Thanks for your response. I shall put a good heading from next time. As this was my first post, I would like to take the opportunity to ask for apology.
My GC is in EB-2 category. My questions are very much clear. I do not have much idea about GC processing like you for which I have so much panic.
It would be great if you could please answer my above mentioned questions explicitely.
Thanks
GC approval process is a long process, U just started U'rs. I don't understand whatz the panic..
Pleaseprovide appropriate titles when U create a thread...
Thanks for your response. I shall put a good heading from next time. As this was my first post, I would like to take the opportunity to ask for apology.
My GC is in EB-2 category. My questions are very much clear. I do not have much idea about GC processing like you for which I have so much panic.
It would be great if you could please answer my above mentioned questions explicitely.
Thanks
2011 i do really miss you HEART :|
Beta_mle
02-19 09:04 PM
I am starting my 10th year on H1 Visa, and thus my company has renewed a few times already. On one of those instances, through ignorance I suppose, my H1 was renewed but my dependents were not. There was an assumption, which I now understand to be wrong, that my renewal would cover my dependents as well. Since after that we have renewed for all of us successfully.
One of the dependents, the wife, traveled out of the country and re entered with a H4 Stamp, which I understand cures her status. My son, however has never done this. We all have I-485's pending and I am worried about what that means for him. I am thinking of travelling out of the country, like Canada, to get our visas stamped and re - enter on the H status.
Question is: Is there any risk in that? If we go to, say Toronto to get the visa renewal, is there any chance that they would deny him? We have the 797 approvals for all of us. The last thing I want is to get stuck outside the country. I have reason to believe we have been pre adjudicated, if this means anything, and it is possible that if I do nothing it would all work out. However, I do not want to take chances with my kid's future.
Any one have any insight? Would going to Canada and returning on H4 cure his status? And are there any risks to this strategy? Thanks for the insight.
One of the dependents, the wife, traveled out of the country and re entered with a H4 Stamp, which I understand cures her status. My son, however has never done this. We all have I-485's pending and I am worried about what that means for him. I am thinking of travelling out of the country, like Canada, to get our visas stamped and re - enter on the H status.
Question is: Is there any risk in that? If we go to, say Toronto to get the visa renewal, is there any chance that they would deny him? We have the 797 approvals for all of us. The last thing I want is to get stuck outside the country. I have reason to believe we have been pre adjudicated, if this means anything, and it is possible that if I do nothing it would all work out. However, I do not want to take chances with my kid's future.
Any one have any insight? Would going to Canada and returning on H4 cure his status? And are there any risks to this strategy? Thanks for the insight.
more...
seeking_GC
07-18 08:19 PM
bump>>
chanduv23
06-06 11:34 PM
Hi
I am trying to do a H1B transfer from my current employer.I am searching for a good employer(consulting firm) in Atlanta,GA area..
Can anyone advise me on a good employer.I heard that Pyramid Consulting is one big vendor in atlanta..Any inputs about Pyramid is greatly appreciated..Or any other good vendors in atlanta area?
Thanks
kp
If you are using AC21, why falling into this consulting trap again? Unless they find you a project, why go behind them? Doing a h1b transfer through a consulting company may look like a safety net but it obviously has its own set of problems. AC21 works just fine and one need not worry too much about it. A lot of people using AC21 and want to work on contract jobs actually contract out through their own corp.
I am trying to do a H1B transfer from my current employer.I am searching for a good employer(consulting firm) in Atlanta,GA area..
Can anyone advise me on a good employer.I heard that Pyramid Consulting is one big vendor in atlanta..Any inputs about Pyramid is greatly appreciated..Or any other good vendors in atlanta area?
Thanks
kp
If you are using AC21, why falling into this consulting trap again? Unless they find you a project, why go behind them? Doing a h1b transfer through a consulting company may look like a safety net but it obviously has its own set of problems. AC21 works just fine and one need not worry too much about it. A lot of people using AC21 and want to work on contract jobs actually contract out through their own corp.
more...
pmb76
08-13 02:26 AM
I think vldrao is from numbers usa. That's my theory. he was just hangin out here as a mole to get information from IVers. At the same time he was giving out some information to hide his identity and gain our trust. :)
What say chhapan tikli ?
What say chhapan tikli ?
2010 I miss you sweet heart
IndianIII
10-26 10:47 PM
Me and my wife too got a letter from Kennedy, came to us by US postal mail few days ago. I think we got this mail because of the emails we send to support the comprehensive immigration reform bill.
more...
glus
03-19 11:40 AM
Hello
I have substituted a Labor in 2004, My priority date is 4/4/2002. My I-140 is pending since May 2004 and i renew my EAD every year, EAD expires in July 2008. I got my 9th year H1 extensions till july 2007 from the same company/employer.
I tried to change the employer and file a new H1 which was denied this month. The reason for denial is USCIS is not satisfied with the place of work, I have re-applied H1 again on the same company. Now can i apply another NEW H1 from a different company.
I am tensed as my I-140 has been pending since so long....can someone please help me in this matter and suggest me what to do.
Thanks
Raghu
OK,
I am sorry to hear your I140 is pending for so long. You have 2 options. 1 - wait. 2-act. If you select the latter, do this:
-contact your senator
-if you receive a letter stating (pending security/background check), contact a good imm. lawyer and do a writ of mandamus.
USCIS does not have to complete FBI checks on I-140. If they argue that they are doing FBI check, you have a case and a period of 3 years if way over unreasonable. USCIS completes internal checks within a few months max. So, your pending I140 for 3 years can't possibly be due to internal uscis checks. I bet they lost your folder; if you want email me privately and I will give you more details on such cases.
If you follow my advise, and go through a goooood lawyer, your I140 will be DECIDED within a few weeks.
I have substituted a Labor in 2004, My priority date is 4/4/2002. My I-140 is pending since May 2004 and i renew my EAD every year, EAD expires in July 2008. I got my 9th year H1 extensions till july 2007 from the same company/employer.
I tried to change the employer and file a new H1 which was denied this month. The reason for denial is USCIS is not satisfied with the place of work, I have re-applied H1 again on the same company. Now can i apply another NEW H1 from a different company.
I am tensed as my I-140 has been pending since so long....can someone please help me in this matter and suggest me what to do.
Thanks
Raghu
OK,
I am sorry to hear your I140 is pending for so long. You have 2 options. 1 - wait. 2-act. If you select the latter, do this:
-contact your senator
-if you receive a letter stating (pending security/background check), contact a good imm. lawyer and do a writ of mandamus.
USCIS does not have to complete FBI checks on I-140. If they argue that they are doing FBI check, you have a case and a period of 3 years if way over unreasonable. USCIS completes internal checks within a few months max. So, your pending I140 for 3 years can't possibly be due to internal uscis checks. I bet they lost your folder; if you want email me privately and I will give you more details on such cases.
If you follow my advise, and go through a goooood lawyer, your I140 will be DECIDED within a few weeks.
hair New York, I miss you
ashutrip
07-18 12:48 PM
how long does it take to get Hard Copy of labor Approval from atalanta center?
more...
akhilmahajan
09-27 09:38 AM
yesterday in Lou Dobbs i heard that an illigal immigrant who was arrested at the border of mexico stole the border patrol vehicle and drove back to mexico in that vehicle. Later helicofters were sued to recover the vehicle. LOL...!!!!
I watch his program every day as i reach home at the start of this program. I watch anxiously hoping they might mention somewhere for atleast for 10 sec about legal immigrant...but they never...!!!Jsu tjsut keep mentioning about illigal immigrants whole hour of the show.
Sometimes i feel its high time to reconisder the US dream...!!!!
You did not do anything wrong. The American Dream was there to be followed and u followed it. So u did nothing wrong in following it.
But what we need to do is to work hard on achieving it. Used to be easier in the 90's, just have become harder and harder in 21 st century. I think we just need to work dilligently and harder to have our voices heard.
So folks this is good time to make ourselves heard. The iron is hot and lets keep on making them hear us.
Please join your state chapters, meet ur senators. Let them keep on hearing us.
GO IV GO
TOGETHER WE CAN
I watch his program every day as i reach home at the start of this program. I watch anxiously hoping they might mention somewhere for atleast for 10 sec about legal immigrant...but they never...!!!Jsu tjsut keep mentioning about illigal immigrants whole hour of the show.
Sometimes i feel its high time to reconisder the US dream...!!!!
You did not do anything wrong. The American Dream was there to be followed and u followed it. So u did nothing wrong in following it.
But what we need to do is to work hard on achieving it. Used to be easier in the 90's, just have become harder and harder in 21 st century. I think we just need to work dilligently and harder to have our voices heard.
So folks this is good time to make ourselves heard. The iron is hot and lets keep on making them hear us.
Please join your state chapters, meet ur senators. Let them keep on hearing us.
GO IV GO
TOGETHER WE CAN
hot NEW ARTICLE – MISS YOU HEART
insbaby
11-12 08:12 PM
If it is a "FOR-PROFIT" organization, they may use you as a "free-service" in place of a "paid-service".
If you want to use this experience to get a job, then they will surely question what was your status while working for this company in US, and eventually they will find what kind of organization it is.
If you don't want to use this experience for a future job, it is surely not recommended but it is your choice to take risk, you may be safe until some one complaints.
At the end if it is a "NON-PROFIT" organization, you have a chance to defend.
If you want to go by the LAW, you have to satisfy all subclauses, it is annoying, painful, but thats how they made the LAW :)
If you want to use this experience to get a job, then they will surely question what was your status while working for this company in US, and eventually they will find what kind of organization it is.
If you don't want to use this experience for a future job, it is surely not recommended but it is your choice to take risk, you may be safe until some one complaints.
At the end if it is a "NON-PROFIT" organization, you have a chance to defend.
If you want to go by the LAW, you have to satisfy all subclauses, it is annoying, painful, but thats how they made the LAW :)
more...
house “The greatest pain that comes from love is loving someone you can never have
pappu
05-31 04:33 PM
After seeing United to Secure America's lobbying expenses- 600K, I feel we are very lucky to have achieved so much within a meagre amount. I am sure lobbying is very expensive and there was no way we could have hired a firm. We should thank QGA to have agreed to help us out.
tattoo My heart is missing you!
nlssubbu
08-01 12:55 AM
Better check with your lawyer. Becuase when you apply for 485 and get approved your wife's H4 status becomes illegal. So don't know exactly about H1 or H4 on advanced parole. Lawyer is the best person for your case.
How come mearly applying for 485 made his wife's H4 status become illegal? She can apply for AP whenever she want to and can apply for EAD as well. Only use of EAD will made her H1/H4 status invalidated.
Thanks
How come mearly applying for 485 made his wife's H4 status become illegal? She can apply for AP whenever she want to and can apply for EAD as well. Only use of EAD will made her H1/H4 status invalidated.
Thanks
more...
pictures 100%. Heart
mrajatish
06-08 03:18 PM
I agree - better be safe than sorry. My take - you are just unlucky, USCIS randomly picks folks who have been in the country for a while to see if they have ever been out of status. Likely, they are doing that with you.
Have you kept your I-20? Can you call your old Univ. to get payroll stubs (I think you can do that)?
Have you kept your I-20? Can you call your old Univ. to get payroll stubs (I think you can do that)?
dresses I Miss You - Teddy Bear Heart
dazed378
03-28 02:47 PM
Thanks, snathan.
Is not it strange that IRS processed the tax refund before completing the ITIN processing? They could not confirm the current status of my wife's ITIN processing, as they could not pull out any details about the W-7 based on the information provided by me. They only guessed that it might be still undergoing processing. I wonder if they misplaced the W-7 form or something like that :-(.
Is not it strange that IRS processed the tax refund before completing the ITIN processing? They could not confirm the current status of my wife's ITIN processing, as they could not pull out any details about the W-7 based on the information provided by me. They only guessed that it might be still undergoing processing. I wonder if they misplaced the W-7 form or something like that :-(.
more...
makeup i do really miss you HEART :|
glen
04-09 04:42 PM
Approved I-140 is good enough for applying for three year extension. I don't think there is any rule to wait for 365 days after I-140. I guess the 365 day rule is for pending labour.
Thanks wellwishergc,
I need to clarify one thing though, my I-140 (which will be applied soon) is not pending for more than 365 days. Am I still eligible to file for 7th year?
Other thing is I also have a LC pending in PBEC (AD March 2005), but I am not with that employer and do not have any document/case number for that LC. Chances of getting these the that employer are bleak.
-Madhuri
Thanks wellwishergc,
I need to clarify one thing though, my I-140 (which will be applied soon) is not pending for more than 365 days. Am I still eligible to file for 7th year?
Other thing is I also have a LC pending in PBEC (AD March 2005), but I am not with that employer and do not have any document/case number for that LC. Chances of getting these the that employer are bleak.
-Madhuri
girlfriend Miss You! My heart still aches
Alabaman
01-19 08:57 PM
Nothing is going to get done in Congress anymore.
hairstyles Missing you quotes 28
tinamatthew
07-22 11:03 PM
A1: Receipt date is assigned by USCIS when they re-enter or mark your case as PP. This is different from when FedEx delivered the PP request. In my friend's case, the difference in these two dates was 10 business days. This was in early June and his I-140 was approved in 3 business days. He stated "Applied for i140 premium processing on June 22nd, 2007" From what I understand, this new i-140 application was PPS and not an upgrade. The receipt date is the date USCIS date stamps the application. I think he will get his money returned as they have passed the 14 day deadline.
A2: Most probably, that is what has happened.
A3: In Rajiv Khanna's conference call (you can download them from his Web site), he suggested the concurrent filing option when someone asked him a similar question.
Good luck!
Thanks,
Jayant
Thanks
A2: Most probably, that is what has happened.
A3: In Rajiv Khanna's conference call (you can download them from his Web site), he suggested the concurrent filing option when someone asked him a similar question.
Good luck!
Thanks,
Jayant
Thanks
shreekhand
07-25 12:11 PM
Some clarifications needed here !
1.) Data entry is not done by adjudication officers (AO)
2.) Unless an AO is trained in a particular "production line"
(I-485, I-765 etc.) they cannot move them around
3.) Bear in mind AO's have the option to and do work from home too.
4.) The adjudication rate per past service center reports is
around 2 or3 cases per hour for I-485
The assumptions here are all the 50 guys are working only on EB cases no family and other cases, they are not doing any other data entry job like putting 450/ead/ap applications into system, they are not approving any of ead/ap cases. And they are working 8 hours daily. Looking at the general work environment around i bet the productive hrs in 8 hr work day is around 5/6 hrs. So keeping in mind these factors i feel the 80000 is okay number. They certainly need more staff. My 2 cents.
1.) Data entry is not done by adjudication officers (AO)
2.) Unless an AO is trained in a particular "production line"
(I-485, I-765 etc.) they cannot move them around
3.) Bear in mind AO's have the option to and do work from home too.
4.) The adjudication rate per past service center reports is
around 2 or3 cases per hour for I-485
The assumptions here are all the 50 guys are working only on EB cases no family and other cases, they are not doing any other data entry job like putting 450/ead/ap applications into system, they are not approving any of ead/ap cases. And they are working 8 hours daily. Looking at the general work environment around i bet the productive hrs in 8 hr work day is around 5/6 hrs. So keeping in mind these factors i feel the 80000 is okay number. They certainly need more staff. My 2 cents.
bestia
11-21 03:16 AM
Meridiani.planum.... Thanks for your reply....
Is the GC under EB-2 that quick? I wonder why my attorney didn't try to FIT me on EB-2... I'll definitely research my 'fitting' options as an EB-2.... now, do you know if are there hidden issues on getting a GC as an EB-2 rather than an EB-3? Or, Is a GC the same regardless the employment-based category?
Attorneys prefer EB3, since there is less evidence needs to be submitted, less scrutiny, less risk of RFE or denial, and therefore less work for the attorney.
"Is GC same..." - philosophical question.. I guess not :) I guess GC for someone who waited for 10 years is not the same as for someone who got it first year being in the US.
Is the GC under EB-2 that quick? I wonder why my attorney didn't try to FIT me on EB-2... I'll definitely research my 'fitting' options as an EB-2.... now, do you know if are there hidden issues on getting a GC as an EB-2 rather than an EB-3? Or, Is a GC the same regardless the employment-based category?
Attorneys prefer EB3, since there is less evidence needs to be submitted, less scrutiny, less risk of RFE or denial, and therefore less work for the attorney.
"Is GC same..." - philosophical question.. I guess not :) I guess GC for someone who waited for 10 years is not the same as for someone who got it first year being in the US.
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