ganguteli
01-29 06:37 PM
I think the grace period is 90 days from the date of start of H1B written in the approval notice. After that your H1B is void. But I think you need to inform USCIS that you wish to continue on H4. Otherwise it can create problems on out of status when you apply for green card.
If you got a I94 with approval, then technically you have been converted to H1B. Having a visa on passport is just a formality for travel. But you can stay in the country on H1B as long as it is valid and you continue to hold the job of the sponsor. If you do not hold the job of the sponsor and you could not transfer the visa on time, you become illegal. At the time of re-entry, you can be denied and barred for 10 years if it is found that you stayed illegally.
Also remember, once you accept the job on H1B and you are on H1B and you lose your job... then you have to leave the country in 15 days. This is kind of a grey area as I have not seen 15 days in black and white anywhere but have read that it is 15 days and am not sure how strictly it is enforced. But do not think you can stay for month/s illegally because that will hurt you in your GC application. But staying out of status can create problems in greencard application. If that happens you must immediately petition to revert back to H4. In your case, have you worked for a single day on H1B? Have you pad any taxes on H1B? Do you take insurance from your employer? Are you technically on Bench? Remember 'Bench' is not defined in law and being on bench also means you are employed.
So you need to see which scenarios fit in your case and act accordingly.
If you got a I94 with approval, then technically you have been converted to H1B. Having a visa on passport is just a formality for travel. But you can stay in the country on H1B as long as it is valid and you continue to hold the job of the sponsor. If you do not hold the job of the sponsor and you could not transfer the visa on time, you become illegal. At the time of re-entry, you can be denied and barred for 10 years if it is found that you stayed illegally.
Also remember, once you accept the job on H1B and you are on H1B and you lose your job... then you have to leave the country in 15 days. This is kind of a grey area as I have not seen 15 days in black and white anywhere but have read that it is 15 days and am not sure how strictly it is enforced. But do not think you can stay for month/s illegally because that will hurt you in your GC application. But staying out of status can create problems in greencard application. If that happens you must immediately petition to revert back to H4. In your case, have you worked for a single day on H1B? Have you pad any taxes on H1B? Do you take insurance from your employer? Are you technically on Bench? Remember 'Bench' is not defined in law and being on bench also means you are employed.
So you need to see which scenarios fit in your case and act accordingly.
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vdlrao
09-10 02:41 AM
It looks like prior to this visa bulletin, the DOS was just guessing the dates for the visa bulletins. Hopefully this behavior changes moving forward.
...
I presume its already changed. Thats the one of the reasons, I guess, why they didnt move back the EB2-I/C dates instead moved a little further. Its a clear indication that they moving the dates steadily and consistently against the applicant numbers.
...
I presume its already changed. Thats the one of the reasons, I guess, why they didnt move back the EB2-I/C dates instead moved a little further. Its a clear indication that they moving the dates steadily and consistently against the applicant numbers.
CADude
10-10 05:55 PM
I send my Employment based I-485/I-765/I-131 application on June 29th 2007 and received at NSC on July 2nd 2007 (USPS Express mail tracking no. XXXX). It�s more than 100 days and I didn�t even received the Receipt Number for all the applications.
I have following question for CIS Ombudsman�s office:
1) Per US Law, I have to get the EAD in 90 days of filling of my application? How I can get the EAD in 90 days where I didn�t even get the Receipt Number after 100 days?
2) Why �First In First Out (FIFO)� process is not followed by USCIS for receipting? It�s unfair to applicant like me when application filed on August 17th 2007 enjoying the EAD card and able to work.
3) What action you can will take to force USCIS follow their own operational manual guidelines and follow FIFO in future?
I have following question for CIS Ombudsman�s office:
1) Per US Law, I have to get the EAD in 90 days of filling of my application? How I can get the EAD in 90 days where I didn�t even get the Receipt Number after 100 days?
2) Why �First In First Out (FIFO)� process is not followed by USCIS for receipting? It�s unfair to applicant like me when application filed on August 17th 2007 enjoying the EAD card and able to work.
3) What action you can will take to force USCIS follow their own operational manual guidelines and follow FIFO in future?
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mita
08-18 01:21 PM
BOTTOM LINE:
If one receives the card than don't worry about ADIT processing.
Those who are seeing the 'Welcome Notice malied' status have ADIT mentioned in the Case Status online. There is NOTHING to be done at your end except waiting for the cards once your case is approved. USCIS will NOT approve a case unless the FP is complete - refer to the 485 adjudicator field manual.
Just like their legacy IT systems, USCIS standard email messages are also in the same league and have not been updated. Wait for the cards and contact USCIS only if you dont receive them in a reasonable amount of time - read two weeks from case approval date.
If one receives the card than don't worry about ADIT processing.
Those who are seeing the 'Welcome Notice malied' status have ADIT mentioned in the Case Status online. There is NOTHING to be done at your end except waiting for the cards once your case is approved. USCIS will NOT approve a case unless the FP is complete - refer to the 485 adjudicator field manual.
Just like their legacy IT systems, USCIS standard email messages are also in the same league and have not been updated. Wait for the cards and contact USCIS only if you dont receive them in a reasonable amount of time - read two weeks from case approval date.
more...
summerof98
06-07 08:26 AM
The applications recrived at TEXAS on 1st JUN started receiving recepit notices. One of my friends checks got cleared today. :confused: As per my analysys nebraska had a 6 day lag till Jan 1st. Lets see.
reddymjm,
I thought that we have to send our I-485 applications to NSC regardless of which state you are from.
Is that not true? How come your friend sent it to TSC?
Also, what do you mean by "Nebraska had a 6 day lag till Jan 1st"?
Thanks.
reddymjm,
I thought that we have to send our I-485 applications to NSC regardless of which state you are from.
Is that not true? How come your friend sent it to TSC?
Also, what do you mean by "Nebraska had a 6 day lag till Jan 1st"?
Thanks.
rick_rajvanshi
07-22 01:19 AM
Hey guys
My PR card in Canada was not issued; they rejected the photos I submitted with the original application. Now they're asking I submit new ones in PERSON!
I will need to get a Canadian Travel document now to re-enter Canada now. Does anyone know how long it takes to get that issued?
Plus, Since I'm using AP as well the whole re-entering the US with the Canadian Visas in my passport is once again an issue. I'm considering giving up on the PR card, since I've technically already completed my landing; I can re-apply for the PR card if and when I decide to move to Canada permanently. Can you guys advise?
-thanks.
I suggest you not to go back for pictures - You can get your cards when you decide to move permanently. Till then , if you need to travel to Canada you can do so only by road ( your own or rental car ) by showing your passport and landing docs. If you want to use any airlines , you 'll have to apply for travel docs at the nearest consulate.
Rest assured, you can get your card when you finally decide to land. It 'll not be complicated. Just approach the CIC center and file for fresh PR Card with some attested documents.
My PR card in Canada was not issued; they rejected the photos I submitted with the original application. Now they're asking I submit new ones in PERSON!
I will need to get a Canadian Travel document now to re-enter Canada now. Does anyone know how long it takes to get that issued?
Plus, Since I'm using AP as well the whole re-entering the US with the Canadian Visas in my passport is once again an issue. I'm considering giving up on the PR card, since I've technically already completed my landing; I can re-apply for the PR card if and when I decide to move to Canada permanently. Can you guys advise?
-thanks.
I suggest you not to go back for pictures - You can get your cards when you decide to move permanently. Till then , if you need to travel to Canada you can do so only by road ( your own or rental car ) by showing your passport and landing docs. If you want to use any airlines , you 'll have to apply for travel docs at the nearest consulate.
Rest assured, you can get your card when you finally decide to land. It 'll not be complicated. Just approach the CIC center and file for fresh PR Card with some attested documents.
more...
pvpb
09-27 03:20 PM
Do u think UScis knows when we mailed in the application...can we just say that we r waiting for 90 days and talk to them. Any ideas!
Venkat
Venkat,
I and my wife transfer notice by mail. I have no idea, why I received them.
I read on the forums where people successfully called USCIS and got their Receipt Number with their name and DOB. However, they mentioned USCIS that they were waiting for more than 90 days to get level 2 IO support.
Thanks,
Venkat
Venkat,
I and my wife transfer notice by mail. I have no idea, why I received them.
I read on the forums where people successfully called USCIS and got their Receipt Number with their name and DOB. However, they mentioned USCIS that they were waiting for more than 90 days to get level 2 IO support.
Thanks,
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Can454545
05-10 08:13 PM
Its amazing how this community reacts to these set backs. For last few months I have been consistently seeing people with EB-3 complaining and pleading to the community to come together and join hands to eliminate the country cap. But most of the words fell of dumb ears. Most of the EB-2 members did read the pleads and requests, but did not bother to take and concrete actions or even comment on it.
Now that the EB-2 is regrogressed to 2000, suddenly all the EB-2 members jump in. What happened, friends?
This is plain selfishness - on the part for few lil stratured people. They should be ashamed of themselves or even to comment on these forums and come up with ideas.
The point is not to divide the community, but to emphasize on unity! Though we belong to different EB categories, we need to work together and realize the pain of the community as a whole instead of taking it individually.
Well my hopes are pretty low from this community, infact hopeless. But I did take the pain to create the dummy username to point this bigotry of some of our useless members, who are among us.
Please don't care for our betterment - we have and would manage without the help of you BS people.
HHHHHHHHHHHPPPPPPPPPPPPPPPPPP
Now that the EB-2 is regrogressed to 2000, suddenly all the EB-2 members jump in. What happened, friends?
This is plain selfishness - on the part for few lil stratured people. They should be ashamed of themselves or even to comment on these forums and come up with ideas.
The point is not to divide the community, but to emphasize on unity! Though we belong to different EB categories, we need to work together and realize the pain of the community as a whole instead of taking it individually.
Well my hopes are pretty low from this community, infact hopeless. But I did take the pain to create the dummy username to point this bigotry of some of our useless members, who are among us.
Please don't care for our betterment - we have and would manage without the help of you BS people.
HHHHHHHHHHHPPPPPPPPPPPPPPPPPP
more...
forgerator
09-10 01:48 AM
THIS IS AN EYE OPENER......
Joe Legal vs. Jose Illegal
Also to add insult to injury, Mr.Illegal will remit a significant chunk of his money back to his home country thus avoiding his contribution to the US economy. This is what is known as a true leech.
Joe Legal vs. Jose Illegal
Also to add insult to injury, Mr.Illegal will remit a significant chunk of his money back to his home country thus avoiding his contribution to the US economy. This is what is known as a true leech.
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EndlessWait
04-29 04:54 PM
bump
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alterego
12-11 05:05 PM
I feel more H1b visas alone and/or nurses visas only would actually be bad for us. It takes some of the pressure off the senators from the Tech Lobby/healthcare lobby. In fact one of the silver linings in this last week is that nothing at all was done. This is sure to keep the pressure rising in the start of the 110th congress.
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gauravster
05-01 01:58 PM
Looks like this is a good idea. Even if FB2 is not current, USCIS might allow applying for 485 in such cases.
Maybe someone more knowledgable or from the core members can throw some light on this.
Maybe someone more knowledgable or from the core members can throw some light on this.
more...
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rtarar
07-20 06:20 AM
I pledge for $100.
Great going Aman and gang!!!!
Great going Aman and gang!!!!
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kshitijnt
05-01 09:41 PM
Even I got a lot of red dots on this post.
Please give me some green now :)
Please give me some green now :)
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dtekkedil
07-02 11:51 PM
The Honorable Emilio T. Gonzalez
Director U.S. Citizenship and Immigration Service
20 Massachusetts Avenue, NW
Washington, D.C. 20529
Director U.S. Citizenship and Immigration Service
20 Massachusetts Avenue, NW
Washington, D.C. 20529
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suavesandeep
07-20 12:17 AM
I pledge $100 for this cause also.
Would also like to thank Gopal (gsc999) for getting all the banners done and helping a lot in organizing the SJ rally.Kudos to all Noble souls in the IV Core. I think what IV has acheived is amazing and unprecedented. Also money is too small to repay all the hours and work you guys have put in.
I am sure God will bless all of you with a timely GC :). Best Wishes again.
Would also like to thank Gopal (gsc999) for getting all the banners done and helping a lot in organizing the SJ rally.Kudos to all Noble souls in the IV Core. I think what IV has acheived is amazing and unprecedented. Also money is too small to repay all the hours and work you guys have put in.
I am sure God will bless all of you with a timely GC :). Best Wishes again.
more...
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zoooom
07-19 07:23 PM
I pledge $100.00
Wait for someone to tell me how to send.
Pls wait. We will decide the mode of payment once we get the final count. Thanks
Wait for someone to tell me how to send.
Pls wait. We will decide the mode of payment once we get the final count. Thanks
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allen
01-06 10:24 PM
I landed on December 2009 on a Sunday and did the visa stamping on monday, for the h1 they asked status in canada and i said i landed yesterday; got the visa stamp but in the annotations it says canadian resident; got through the POS without problems
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priti8888
12-18 07:30 PM
Some of my cousins and friends who are just leaving college (even the prestigious IIT's) are unwilling to come to the US.
If they do come here, they are reluctant to go after the "GC". They want to wait for a few years, and would embark upon the journey only if there are any "fixes" in the EB GC system.
If not, there are several developed countries that take point based immigrant visa applications and give you a decision in a year or two.
Most of these young friends have already made plans to apply to these countries. Those who qualify have already applied. In one case, a friend whose H1B did not go through last year, immigrated to Australia. (Both he and his wife also found a job in less than a month.)
2, I can appreciate your position. You have already spent several years here, and yet no decision in the sight. If possible, you could still create a fall-back option like Canada/UK/Australia. A PR in these countries might give us easier access come back to the USA later (although not permanently).
Both you and Jazz are geralizing.
Most people here are in IT and have IT friends back home.IITans and IIMs get the best opportunities in India. IT ppl even from ordinary universities have a great future.
But what about others? I have several friends who have a B.S,/ M.S / phd in chemistry, art, sociology, agriculture but have limited opportunities in India. They would love to explore oppotunities in US , Europe or any developed country.
India and other developing nations have other priorities. The government would rather help the poor or improve infrastucture then fund a research project.
If they do come here, they are reluctant to go after the "GC". They want to wait for a few years, and would embark upon the journey only if there are any "fixes" in the EB GC system.
If not, there are several developed countries that take point based immigrant visa applications and give you a decision in a year or two.
Most of these young friends have already made plans to apply to these countries. Those who qualify have already applied. In one case, a friend whose H1B did not go through last year, immigrated to Australia. (Both he and his wife also found a job in less than a month.)
2, I can appreciate your position. You have already spent several years here, and yet no decision in the sight. If possible, you could still create a fall-back option like Canada/UK/Australia. A PR in these countries might give us easier access come back to the USA later (although not permanently).
Both you and Jazz are geralizing.
Most people here are in IT and have IT friends back home.IITans and IIMs get the best opportunities in India. IT ppl even from ordinary universities have a great future.
But what about others? I have several friends who have a B.S,/ M.S / phd in chemistry, art, sociology, agriculture but have limited opportunities in India. They would love to explore oppotunities in US , Europe or any developed country.
India and other developing nations have other priorities. The government would rather help the poor or improve infrastucture then fund a research project.
immigration07
05-02 03:02 PM
in contributions and in any thing else... I started contributing even before lot of people here heard about IV.
good joke!!!!!!!!
good joke!!!!!!!!
LostInGCProcess
08-29 01:45 AM
So if USCIS takes an year to process my extension, what are the impacts to me after the current H-1B expires? Would I have issues in traveling?
While your H1 is in pending state and you go out of the country, USCIS would consider it as 'abandoned'.
While your H1 is in pending state and you go out of the country, USCIS would consider it as 'abandoned'.
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