gemini23
07-27 03:21 PM
thanks for all the answers.
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fall2004us
10-20 05:59 PM
Sorry for asking this here. Can somebody please tell me how can i start a new thread in this forum.Thanks
Go here
http://immigrationvoice.org/forum/forum6-non-immigrant-visas/
click on new thread :D
Go here
http://immigrationvoice.org/forum/forum6-non-immigrant-visas/
click on new thread :D
Rajeev
10-12 09:50 AM
The maximum duration allowed on L1B is 5 years where as on L1A, it is 7 years. On H1B it is 6 years. Duration spent on L1 is counted with the duration spent on H1 and vice versa.
The maximum time allowed on H1B is 6 years, this includes the time you spent on L1. This is the reason why you have been given H1B that is only valid for 1 year.
On a side note, the maximum time allowed on L1 is 5 years - you had to go back to India since you have spent the maximum allowable time on that visa.
Now, there are two ways to extend your stay beyond the initial 5/6 yrs granted on H1 or L1 visas.
1. For both L1 and H1Bs: Go back to your country (India) for 1 yr after your initial term expires. After 1 yr stay in your home country, you will be eligible for "another cycle" of L1/H1. So, for L1 you will get another 5 yrs, and H1B another 6 yrs.
2. Another way to extend your H1B is to start your Green card process (file your labor, and then your 140). Once your labor is pending for > 1 yr, or your 140 is approved, you will be eligible for 1 yr or 3 yr H1B extensions. This does not apply to L1s.
Here is what I would suggest for your case:
Best case scenario: Wait until your 1 yr clock resets, apply for fresh L1A (multi national manager). Once you are in the USA, convince your company to file for your green card in EB1 - multi national manager. The EB1 is almost always current, you can get your GC pretty soon.
This is the best case scenario that I can envision for you.
Alternatively,you can come back immediately on H1, apply for your PERM and 140, and then get unlimited extensions based on your GC being pending.
You can also wait until your 1 yr clock resets and then enter on H1 in Feb 2008, where by you might be able to claim 5 more years on H1B extensions ( a total of fresh 6 yrs on your current H1B). eventually, you will have to file for your PERM and 140 and then get extensions beyond the 6 yrs. I think you will need to file a petition with USCIS indicating the H1B clock reset.
Merely applying for L1A will not invalidate your H1. however, entering on L1A will invalidate your H1b (you can only hold one visa at a time - L1 or H1B). BTW... I guess you can not enter on L1 until you reset your 1 yr clock.
If I were you,I would seriously consider entering on L1A and then filing for EB1 GC. This is the quickest possible route for your GC. Unless, ofcourse, you do not want to be with the company for another year or so because your relationship with the employer is strained.
The maximum time allowed on H1B is 6 years, this includes the time you spent on L1. This is the reason why you have been given H1B that is only valid for 1 year.
On a side note, the maximum time allowed on L1 is 5 years - you had to go back to India since you have spent the maximum allowable time on that visa.
Now, there are two ways to extend your stay beyond the initial 5/6 yrs granted on H1 or L1 visas.
1. For both L1 and H1Bs: Go back to your country (India) for 1 yr after your initial term expires. After 1 yr stay in your home country, you will be eligible for "another cycle" of L1/H1. So, for L1 you will get another 5 yrs, and H1B another 6 yrs.
2. Another way to extend your H1B is to start your Green card process (file your labor, and then your 140). Once your labor is pending for > 1 yr, or your 140 is approved, you will be eligible for 1 yr or 3 yr H1B extensions. This does not apply to L1s.
Here is what I would suggest for your case:
Best case scenario: Wait until your 1 yr clock resets, apply for fresh L1A (multi national manager). Once you are in the USA, convince your company to file for your green card in EB1 - multi national manager. The EB1 is almost always current, you can get your GC pretty soon.
This is the best case scenario that I can envision for you.
Alternatively,you can come back immediately on H1, apply for your PERM and 140, and then get unlimited extensions based on your GC being pending.
You can also wait until your 1 yr clock resets and then enter on H1 in Feb 2008, where by you might be able to claim 5 more years on H1B extensions ( a total of fresh 6 yrs on your current H1B). eventually, you will have to file for your PERM and 140 and then get extensions beyond the 6 yrs. I think you will need to file a petition with USCIS indicating the H1B clock reset.
Merely applying for L1A will not invalidate your H1. however, entering on L1A will invalidate your H1b (you can only hold one visa at a time - L1 or H1B). BTW... I guess you can not enter on L1 until you reset your 1 yr clock.
If I were you,I would seriously consider entering on L1A and then filing for EB1 GC. This is the quickest possible route for your GC. Unless, ofcourse, you do not want to be with the company for another year or so because your relationship with the employer is strained.
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CRAZYMONK
03-18 02:38 PM
Your exemployer is very clever. He took all steps to not leave any evidence behind. The 5 months you are talking about, he is not liable as you are outside the US. If you are here in US and he did'nt paid, then its a differnt story.
In the offer letter he gave, when you joined, is there any thing mentioned about vacation pay?
In the offer letter he gave, when you joined, is there any thing mentioned about vacation pay?
more...
ups
07-12 09:27 AM
yes you can. I my self did that. Only difference is that we both are on h1b(industry)
h1techSlave
10-01 12:51 PM
They are not dumb , they might be already keeping a watch on you while on soil.
I think their problem is that they are watching the wrong people. And they miss the people whom they should be watching.
If they sure are watching me at this instance. I hope they will come and help me debug this .Net problem that I have been trying to fix for the last 4 days and mostly nights :D
I think their problem is that they are watching the wrong people. And they miss the people whom they should be watching.
If they sure are watching me at this instance. I hope they will come and help me debug this .Net problem that I have been trying to fix for the last 4 days and mostly nights :D
more...
chantu
07-16 03:12 PM
Admin :
This kind of question should be banned. You should have some self-respect and show the same towards your native country. If you know you can do it, whats the point of making it public. Go get it done. Are you asking IV to pay the sum on your behalf also ?
Unfortunately, this is the fact in our country. But the thing is he will get it by spending Rs.100 - Rs.200. Here, after spending $10,000 legally for GC..it is nowhere in sight.
This kind of question should be banned. You should have some self-respect and show the same towards your native country. If you know you can do it, whats the point of making it public. Go get it done. Are you asking IV to pay the sum on your behalf also ?
Unfortunately, this is the fact in our country. But the thing is he will get it by spending Rs.100 - Rs.200. Here, after spending $10,000 legally for GC..it is nowhere in sight.
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coolvigo
07-02 11:08 PM
I am ready to that......
How can we do that...and when should we start it.....
Can someone lead it ?
How can we do that...and when should we start it.....
Can someone lead it ?
more...
psaxena
07-31 01:45 PM
Hey INSBABY,
Please do not write such post, I was about to get a heart attack, you would have been responsible for my "Om namah swaha". Well would be good for the others in the line as one less in the line then :p
Dream:
EB3 I - OCT 2004 - CURRENT (Long long ago.../Once upon a time...)
Happened:
EB3 I - OCT 2005 - 01/JAN/98
EB3 I - OCT 2006 - 22/APR/01
EB3 I - OCT 2007 - 22/APR/01
EB3 I - OCT 2008 - 01/JUL/01
Expected:
EB3 I - OCT 2009 - 01/JAN/98
EB3 I - OCT 2010 - 22/APR/01
EB3 I - OCT 2011 - 22/APR/01
EB3 I - OCT 2012 - 01/JUL/01
EB3 I - OCT 2013 - 01/JAN/98
EB3 I - OCT 2014 - 22/APR/01
EB3 I - OCT 2015 - 22/APR/01
EB3 I - OCT 2016 - 01/JUL/01
EB3 I - OCT 2017 - 01/JAN/98
EB3 I - OCT 2018 - 22/APR/01
EB3 I - OCT 2019 - 22/APR/01
EB3 I - OCT 2020 - 01/JUL/01
Please do not write such post, I was about to get a heart attack, you would have been responsible for my "Om namah swaha". Well would be good for the others in the line as one less in the line then :p
Dream:
EB3 I - OCT 2004 - CURRENT (Long long ago.../Once upon a time...)
Happened:
EB3 I - OCT 2005 - 01/JAN/98
EB3 I - OCT 2006 - 22/APR/01
EB3 I - OCT 2007 - 22/APR/01
EB3 I - OCT 2008 - 01/JUL/01
Expected:
EB3 I - OCT 2009 - 01/JAN/98
EB3 I - OCT 2010 - 22/APR/01
EB3 I - OCT 2011 - 22/APR/01
EB3 I - OCT 2012 - 01/JUL/01
EB3 I - OCT 2013 - 01/JAN/98
EB3 I - OCT 2014 - 22/APR/01
EB3 I - OCT 2015 - 22/APR/01
EB3 I - OCT 2016 - 01/JUL/01
EB3 I - OCT 2017 - 01/JAN/98
EB3 I - OCT 2018 - 22/APR/01
EB3 I - OCT 2019 - 22/APR/01
EB3 I - OCT 2020 - 01/JUL/01
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dish
09-26 06:00 PM
Instead of asking for "filing for I-485 even when Priority date is not current" ,
why not we ask for "filing for EAD and Advance Parole based on an approved I-140.".
The net effect is the same. By the present law EAD and Advance parole is issued based on a pending I-485. Instead , EAD and Parole could be issued based on on an Approved Immigrant petition - ie I-140.
Even if we are allowed to file for I-485 when priority dates are not current, the application for adjustment of status will not be considered without being a visa date available.
why not we ask for "filing for EAD and Advance Parole based on an approved I-140.".
The net effect is the same. By the present law EAD and Advance parole is issued based on a pending I-485. Instead , EAD and Parole could be issued based on on an Approved Immigrant petition - ie I-140.
Even if we are allowed to file for I-485 when priority dates are not current, the application for adjustment of status will not be considered without being a visa date available.
more...
Jyothi
12-12 04:23 PM
insted of using "U" they change the date to Jan 2000
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nixstor
08-30 12:59 PM
perm2gc,
Southwest, JetBlue, Airtran who are low fare carriers might have stopped doing that. A friend of mine flew on his in-laws frequent flier miles on Southwest a couple of years back. I am not sure what their policy is currently. I know Big airlines like American, United allow to transfer miles for charges varying between 5 to 25 dollars depending on the number of days left for travel. Also, not all seats are available for award travel on a given flight. It varies from the frequent flyer's status ( General, Premier, 1K ) what ever. I am sure the core people are looking into these considertations.
Southwest, JetBlue, Airtran who are low fare carriers might have stopped doing that. A friend of mine flew on his in-laws frequent flier miles on Southwest a couple of years back. I am not sure what their policy is currently. I know Big airlines like American, United allow to transfer miles for charges varying between 5 to 25 dollars depending on the number of days left for travel. Also, not all seats are available for award travel on a given flight. It varies from the frequent flyer's status ( General, Premier, 1K ) what ever. I am sure the core people are looking into these considertations.
more...
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sr77
09-26 02:08 PM
I think you are already late. You should have done all you can, like meeting the senator, writing to uscis, infopass appt, as soon as you PD was current. Now the Visa numbers are over for the FY 2010. You may get lucky in October when new visa number are available. Hope this helps.
This is disheartening...
This is disheartening...
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onemorecame
07-30 02:29 PM
You are correct, they get a copy.
?
?
more...
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santb1975
12-25 04:21 PM
on your substitute W2.
So i should report the pay for sep to dec in substitute W2 though i have not received it from my employer right and also report to DOL for the same.
So i should report the pay for sep to dec in substitute W2 though i have not received it from my employer right and also report to DOL for the same.
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illusions
04-11 03:27 PM
it seems like the IV tracker doesn't update immidiately... i've made a change to my PD as i had put a slightly wrong date... but the update hasn't kicked in as yet.
more...
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smuggymba
10-20 05:49 PM
you said u file ITIN for tax needs - why did u apply for job dude. ITIN doesn't get u a job. H4 can't work in USA...as simple as that. Hire a good lawyer and tax consultant.
Hello! I'm on H1B, and my spouse is on H4. We received an ITIN for my spouse for our taxpaying needs. My spouse managed to get employed using the ITIN. We filed a joint tax return this year. We received a letter from SS administration saying "We cannot put these earnings on your Social Security record until the name and SSN reported agree with our records." My lawyer says: "your spouse is now barred from GC, because when she's worked for more than X amount of days she became OOS."
When the time will come for my employer to process my GC, what consequences will my spouse's unauthorised employment have on Her ability to receive a Greencard? What are the ways to rectify the situation? Appeals? Special provisions/clauses? Cost?
Thank you,
Hello! I'm on H1B, and my spouse is on H4. We received an ITIN for my spouse for our taxpaying needs. My spouse managed to get employed using the ITIN. We filed a joint tax return this year. We received a letter from SS administration saying "We cannot put these earnings on your Social Security record until the name and SSN reported agree with our records." My lawyer says: "your spouse is now barred from GC, because when she's worked for more than X amount of days she became OOS."
When the time will come for my employer to process my GC, what consequences will my spouse's unauthorised employment have on Her ability to receive a Greencard? What are the ways to rectify the situation? Appeals? Special provisions/clauses? Cost?
Thank you,
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little_willy
09-14 03:41 PM
Just heard the ad on this radio. concise and to the point, I would have preferred a more serious voice though.
Great work IV!
Great work IV!
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sw33t
05-31 11:46 AM
/\/\/\
glus
04-07 09:03 AM
There is no law that says that you need to work for your employer for such and such nr of moths after getting GC. However, it is advisable to work for as long as you can for the original employer to avoid issues at naturalization stage.
pappusheth
05-02 11:51 AM
based on what bbct said, they'll give me i-94 with expiry in Aug 2009 which is my visa expiry date (I don't have AP). just curious.. how does the i-94 expiry date matter? what significance does that date have?
Secondly, my wife does not have h1/h4 but has an EAD (485 pending status). She will be entering with me using her AP which is valid thru June 05, 2009. I'm guessing entering US should not be a problem since we're entering on May 11th. But I guess the expiry on her I-94 will be June 05, 2009. Again, what role does that date on I-94 play?
Thanks guys for your replies. I've found it very helpful to clear confusion and have peace of mind while travelling.
pappusheth
Secondly, my wife does not have h1/h4 but has an EAD (485 pending status). She will be entering with me using her AP which is valid thru June 05, 2009. I'm guessing entering US should not be a problem since we're entering on May 11th. But I guess the expiry on her I-94 will be June 05, 2009. Again, what role does that date on I-94 play?
Thanks guys for your replies. I've found it very helpful to clear confusion and have peace of mind while travelling.
pappusheth
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