sidd_k2002
03-24 06:46 PM
Hello Friends,
I have found myself in a very wierd situation here, and i need some urgent help. My problem is follows:
I am currently working for a company and i am on my OPT, which will expire in January 2010. The company which i am working for now is a big multinational company, and is sponsoring my H1 petitiion on April 1 2009 this time. As i will be falling in the 20,000 quota, my company lawyers said that they dont have that many applications coming in like every year, so the chances of me getting my H1 is 100 percent.
Now the tragic thing in this happy story is the fact that i feel i am going to get laid off in the next month. The immigration department of our company is veru big so my manager does not know the trouble which i can land into if i have an approved H1 and i am laid off.
Here are my questiions:
1: Since my H1 will become effecive october 1 2009, can i cancel my approved petitiion before that (if i am laid off), and then continue on my existing OPT which will end in February 2010. This way i feel i have more chance to find a job, as i will get some time to do so.
2: Is it safe enough to tell the company lawyer right now to not file the petitiion, as in that case there will not be a problem of approval/denial of my petition, and i will continue on my existing OPT, and ask for a 17 months OPT extention afterwards?
3: Relating to question 1, if i was laid off before october 1, can i switch back to my OPT, since i would have not used my H1 at all since i was laid off.
Any answers would really be appreciated as i am really approaching the April 1 mark of filing the H1
Thanks in advance,
Siddharth
I have found myself in a very wierd situation here, and i need some urgent help. My problem is follows:
I am currently working for a company and i am on my OPT, which will expire in January 2010. The company which i am working for now is a big multinational company, and is sponsoring my H1 petitiion on April 1 2009 this time. As i will be falling in the 20,000 quota, my company lawyers said that they dont have that many applications coming in like every year, so the chances of me getting my H1 is 100 percent.
Now the tragic thing in this happy story is the fact that i feel i am going to get laid off in the next month. The immigration department of our company is veru big so my manager does not know the trouble which i can land into if i have an approved H1 and i am laid off.
Here are my questiions:
1: Since my H1 will become effecive october 1 2009, can i cancel my approved petitiion before that (if i am laid off), and then continue on my existing OPT which will end in February 2010. This way i feel i have more chance to find a job, as i will get some time to do so.
2: Is it safe enough to tell the company lawyer right now to not file the petitiion, as in that case there will not be a problem of approval/denial of my petition, and i will continue on my existing OPT, and ask for a 17 months OPT extention afterwards?
3: Relating to question 1, if i was laid off before october 1, can i switch back to my OPT, since i would have not used my H1 at all since i was laid off.
Any answers would really be appreciated as i am really approaching the April 1 mark of filing the H1
Thanks in advance,
Siddharth
samcam
05-19 12:40 PM
welcome to our newest member anindya1234!
kroy1976
04-14 08:05 AM
Yes, your reply is exactly same as her. But she added one more point. According to her The CBP officer can't deport a AP bearer. He/she has to parole the person and then can schedule a secondary check for I 140 validity. In such case my attorney can pitch in.
But I am not sure if this is true or she is being over assuring.
Thanks a lot
But I am not sure if this is true or she is being over assuring.
Thanks a lot
saadm
01-11 01:40 AM
This message is for people who posting against the reform bill, its just surprising how you all come to this country for better life .. and now complaining!! Just because you had better education and had a chance to go to college doesn't give you the right to look at others as less than you.
Yes, they come to U.S and might overstayed... guess what you might done the same thing if you wanted better life for your family.
The illegals came to U.S for the same reason you are here for ... Better life for their families and children. Just because now they have a chance to change their situation little bit faster than you do ... doesn't mean we should hate them and start claiming that they will bring U.S backward...... Just because of these people you have food on your table...
Its not their fault that most of Indian cases are in back log, you have a choice either be patient or go back....!
We need to care and wish good for others as we wish it for our-self and our family members. Be side the bill is not giving them green card or citizenship right a way they have to wait 6 or more years before they get to this point..... all what they are getting is legalization of thier present in U.S nothing more...
But you have another choice cross the border and come back as illegal you might get yor paper work done faster !! :eek::p
Yes, they come to U.S and might overstayed... guess what you might done the same thing if you wanted better life for your family.
The illegals came to U.S for the same reason you are here for ... Better life for their families and children. Just because now they have a chance to change their situation little bit faster than you do ... doesn't mean we should hate them and start claiming that they will bring U.S backward...... Just because of these people you have food on your table...
Its not their fault that most of Indian cases are in back log, you have a choice either be patient or go back....!
We need to care and wish good for others as we wish it for our-self and our family members. Be side the bill is not giving them green card or citizenship right a way they have to wait 6 or more years before they get to this point..... all what they are getting is legalization of thier present in U.S nothing more...
But you have another choice cross the border and come back as illegal you might get yor paper work done faster !! :eek::p
more...
Shams
10-24 03:06 PM
BTW my case was received by NSC on 8/15, and so was my wife's. Her EAD card status still says "Case received and Pending".
Vijh1
04-29 01:22 PM
Doing smart things like this may get you deported from the US without any chance of return for 5 years . Be honest and follow the law .It against the law to work in one country and get paid in another .
Thanks for the reply. We didn't really work. But my spouse came here in 2003 march. Then she was in vacation for next 1 year the finally resigned. Indian employer gave relieving letter in April 2004. So Practically is my spouse an employee of indian compnay until Apr 2004 and can it be shown towards the experience? That's it.
Thanks for the reply. We didn't really work. But my spouse came here in 2003 march. Then she was in vacation for next 1 year the finally resigned. Indian employer gave relieving letter in April 2004. So Practically is my spouse an employee of indian compnay until Apr 2004 and can it be shown towards the experience? That's it.
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prabasiodia
04-08 03:05 PM
This one was posted originally at http://immigrationvoice.org/forum/archive/index.php/t-20450.html. Just replace USVI with Hawaii.
USVI is a US territory hence, you will be able to fly in with the drivers license. They do not take your I 94 back. Just to make sure you are in US territorial waters, don't swim or wade out more than 5 feet out in the water. You could be swimming in international waters without proper US exit authorization. Your entry to shore could be subject to unauthorized landing. A water tight bag lugged around your fanny with passport/I94/H1B/paystubs/employer letters/DL(Driver License)/EAD(Employment Authorization Document)/AP(Advanced Parole)/receipts/etc etc. should keep you safe though. Just keep it away from the sharks. Enjoy your vacation.:D:D:D
USVI is a US territory hence, you will be able to fly in with the drivers license. They do not take your I 94 back. Just to make sure you are in US territorial waters, don't swim or wade out more than 5 feet out in the water. You could be swimming in international waters without proper US exit authorization. Your entry to shore could be subject to unauthorized landing. A water tight bag lugged around your fanny with passport/I94/H1B/paystubs/employer letters/DL(Driver License)/EAD(Employment Authorization Document)/AP(Advanced Parole)/receipts/etc etc. should keep you safe though. Just keep it away from the sharks. Enjoy your vacation.:D:D:D
vin13
10-26 03:35 PM
Thanks all who replied to my thread. I am contacting Air France regarding this transit crap. I will post my experience on this forum, when I get answer from Airline.
One thing is for sure, I will never again travel by Air france, BA and Lufthansa.
I do not see why anyone should not travel on Air France or Lufthansa. You are not changing airports at Paris or Frankfort. So there is no requirement for a visa. It seems to be a simple one.
One thing is for sure, I will never again travel by Air france, BA and Lufthansa.
I do not see why anyone should not travel on Air France or Lufthansa. You are not changing airports at Paris or Frankfort. So there is no requirement for a visa. It seems to be a simple one.
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omved
08-14 07:10 PM
Hi Friends,
While filing I 131, I came across this information
"{If you are in the United States and wish to travel abroad, you do not need to apply for advance parole if both conditions described below in A and B are met:
A. You are in one of the following nonimmigrant categories:
1. An H-1, temporary worker, or H-4, spouse, or child of an H-1; or
2. An L-1, intracompany transferee, or L-2, spouse or child of an L-1; or
3. A K-3, spouse, or K-4, child of a U.S. citizen; or
4. A V-2, spouse, or V-3, child of a lawful permanent resident; and
B. A Form I-485, Application to Register Permanent Residence or Adjust Status, was filed on your behalf and is pending with USCIS.
However, upon returning to the United States, you must present your valid H, L, K, or V nonimmigrant visa and continue to remain eligible for that status}"
My 797 petition is approved till 2011 but my H1B visa is not stamped. I am planning India trip in November. What would be appropriate for me..
Should I get H1B stamped in Mexico / Canada / India
OR
Should I apply for AP.
I have heard that after applying AP we should really not leave the country until decision has been made on AP application. I fear if I apply for AP now, probably it would not be approved by first week of November.
I don't know what to do. Any help pls..
Thanks
Omved
1485 ND august 15, 2007 in NE - No LUD so far. Infopass appointment confirmed FP/back ground check completed
H1b 7th year in extension
EB 2 - PD April 06
While filing I 131, I came across this information
"{If you are in the United States and wish to travel abroad, you do not need to apply for advance parole if both conditions described below in A and B are met:
A. You are in one of the following nonimmigrant categories:
1. An H-1, temporary worker, or H-4, spouse, or child of an H-1; or
2. An L-1, intracompany transferee, or L-2, spouse or child of an L-1; or
3. A K-3, spouse, or K-4, child of a U.S. citizen; or
4. A V-2, spouse, or V-3, child of a lawful permanent resident; and
B. A Form I-485, Application to Register Permanent Residence or Adjust Status, was filed on your behalf and is pending with USCIS.
However, upon returning to the United States, you must present your valid H, L, K, or V nonimmigrant visa and continue to remain eligible for that status}"
My 797 petition is approved till 2011 but my H1B visa is not stamped. I am planning India trip in November. What would be appropriate for me..
Should I get H1B stamped in Mexico / Canada / India
OR
Should I apply for AP.
I have heard that after applying AP we should really not leave the country until decision has been made on AP application. I fear if I apply for AP now, probably it would not be approved by first week of November.
I don't know what to do. Any help pls..
Thanks
Omved
1485 ND august 15, 2007 in NE - No LUD so far. Infopass appointment confirmed FP/back ground check completed
H1b 7th year in extension
EB 2 - PD April 06
smartboy75
07-17 06:29 PM
Get back to work....next you would come up with the idea of personally visiting her....lets no get overboard....send in a thank you note..
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tigerlibra
09-30 09:30 AM
Yes, I am a USC, but the Fiance Visa would mean she has to go back to China and wait.
neeidd
11-09 06:06 PM
Hi ,
I am planning to use AP for re-enter to USA. Could someone please let me know the list the documents that I should carry ?
Thanks
I am planning to use AP for re-enter to USA. Could someone please let me know the list the documents that I should carry ?
Thanks
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rbms
09-29 12:37 PM
I don't know how you can generalize like that. Sure that I was also burnt by a Desi company. But that is no excuse to say that All Desi company's are like that. I am sure this topic is very well discussed in some other thread. I am posting this as I am surprised not to see somebody jumping in against such generalizations.
So make it a promise to yourself that if you ever start a company you will not screw up anybody (desi or otherwise)
From my experience, Crows are black everywhere. Unless you join non-desi company. it is hard to find desi company who keeps everything in black n white.
Best bet is to try to workout something with you present company.
So make it a promise to yourself that if you ever start a company you will not screw up anybody (desi or otherwise)
From my experience, Crows are black everywhere. Unless you join non-desi company. it is hard to find desi company who keeps everything in black n white.
Best bet is to try to workout something with you present company.
Tantra
07-13 11:40 AM
Please post a message here to help encourage more guests of join in.
more...
arnet
11-16 12:39 PM
if you file AOS (I-485) then only you will get EAD/AP benefits, but to file I-485 you need to stay in visa like H1B/H4. if you are H1B visa holder, you will eligible to file for it as prinicipal applicant but inorder for your spouse/dependents to qualify as dependent, she has to be in dependent visa (H4) at filing time, so F1 holder is considered as student not as dependent so they are not eligible to file.
Disclaimer: use it at your own risk, i'm not an immigration attroney, so please consult one for your situations as laws/procedures are changing often.
there is no isue while filing for I-485 also. when you file for AOS, F-1 status becomes invalid.But, you will get EAD and that will give you all the work authorization you need. You DO NOT have to change spouse back to H-4.
Disclaimer: use it at your own risk, i'm not an immigration attroney, so please consult one for your situations as laws/procedures are changing often.
there is no isue while filing for I-485 also. when you file for AOS, F-1 status becomes invalid.But, you will get EAD and that will give you all the work authorization you need. You DO NOT have to change spouse back to H-4.
marlo
07-18 12:24 AM
This is totally a lawyer matter. Do not rely on any forum for this.
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aat0995
08-01 04:59 PM
Hi Guys (and gals)
My application got approved today. The above posts shows what it was showing and everything. Hope you are in the same boat and your get approved as well. Good luck!
My application got approved today. The above posts shows what it was showing and everything. Hope you are in the same boat and your get approved as well. Good luck!
.jpg "Short Love Poems For Him From")
Ruta
07-17 05:25 PM
D.After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.
Doesnt this clearly state we are eligible to apply? Visa Bulletin #107 is correct and # 108 is withdrawn??? I think E. states that from August they are uncertain how visa numbers will be allocated fo next month?
Doesnt this clearly state we are eligible to apply? Visa Bulletin #107 is correct and # 108 is withdrawn??? I think E. states that from August they are uncertain how visa numbers will be allocated fo next month?
3ZS
May 12th, 2006, 09:05 PM
Chalk this up to user error. Not sure exactly wat I did but I reset the camera and now it is working like I would expect. Like I said...I was new to SLR :D
Thqnks for the reply...whats interesting is today I called 2 different camera places by me and pretended I was interested in the same kit I have and BOTH told me that the 70s camera body supports the sigma lens' I have - In fact they were putting together a package that included the very seme lens'
Im new to digital SLR's ...but I would think based on this info I have a bad camera body
Thqnks for the reply...whats interesting is today I called 2 different camera places by me and pretended I was interested in the same kit I have and BOTH told me that the 70s camera body supports the sigma lens' I have - In fact they were putting together a package that included the very seme lens'
Im new to digital SLR's ...but I would think based on this info I have a bad camera body