Ann Ruben
08-05 01:53 PM
1. The short answer is: Yes, you can most likely accept a one year intra-company transfer to India, and then transfer back to a position in the US with Company B without necessarily lengthening your GC process.
2. BUT, in order to file for AOS based on the existing approved LC/I-140 (EB2 or EB3??), you would have to return to the US to work in the same position at the same location for which the underlying LC was approved.
3. Alternatively, if your position in India meets the USCIS definition of managerial or executive, and you transfer back to the US to take on a position that also qualifies as managerial or executive, Compny B could file an EB1 I-140 on your behalf (maintaining the priority date of the prior I-140), thus substantially shortening or eliminating the quota wait.
4. If you cannot qualify in the EB1 category, and Company B transfers you back to a new position or new location in the US. You can retain your original priority date, but the company will have to apply for a new PERM LC and then file a new I-140 for you.
[NOTE: The above analysis assumes you (and your spouse, if any) were born in India and subject to the immigrant visa quota for India.]
2. BUT, in order to file for AOS based on the existing approved LC/I-140 (EB2 or EB3??), you would have to return to the US to work in the same position at the same location for which the underlying LC was approved.
3. Alternatively, if your position in India meets the USCIS definition of managerial or executive, and you transfer back to the US to take on a position that also qualifies as managerial or executive, Compny B could file an EB1 I-140 on your behalf (maintaining the priority date of the prior I-140), thus substantially shortening or eliminating the quota wait.
4. If you cannot qualify in the EB1 category, and Company B transfers you back to a new position or new location in the US. You can retain your original priority date, but the company will have to apply for a new PERM LC and then file a new I-140 for you.
[NOTE: The above analysis assumes you (and your spouse, if any) were born in India and subject to the immigrant visa quota for India.]
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jonty_11
07-25 04:26 PM
FYI
EXTENSION OF TEMPORARY SUSPENSION OF PREMIUM PROCESSING SERVICE FOR FORM I-140
linky-->http://www.uscis.gov/files/pressrelease/PremProcI140_072407.pdf
Sorry if this is a repost.
-M
USCIS is all about balancing work...they are being forced to accept butt-load of AOS application, and they shift the balance this way....
Also they will take months or even years to send back receipts EADs etc...wait n watch....we made them swallow the tought pill, and they will make the same pill stuck in our throat for eternity now.....
EXTENSION OF TEMPORARY SUSPENSION OF PREMIUM PROCESSING SERVICE FOR FORM I-140
linky-->http://www.uscis.gov/files/pressrelease/PremProcI140_072407.pdf
Sorry if this is a repost.
-M
USCIS is all about balancing work...they are being forced to accept butt-load of AOS application, and they shift the balance this way....
Also they will take months or even years to send back receipts EADs etc...wait n watch....we made them swallow the tought pill, and they will make the same pill stuck in our throat for eternity now.....
raysaikat
10-20 03:32 AM
My wife is maintaining her H4 status since Feb 07 and last entered US on H4 visa in July 2010, we have our EAD cards based on pending I485 filed in Aug 07. Her AP is valid till Jan 2011 and I am on H1B. she started working on EAD couple of weeks ago.
My question is: does the fact that she entered last on H4 affects her ability to work on EAD? Will it cause any problems in I485 approval.
Since she is working on EAD, her status is no longer H4 (the new status is AOS, so to speak). Other than that, there is no issue.
My question is: does the fact that she entered last on H4 affects her ability to work on EAD? Will it cause any problems in I485 approval.
Since she is working on EAD, her status is no longer H4 (the new status is AOS, so to speak). Other than that, there is no issue.
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wandmaker
10-23 11:13 AM
Hi,
If I enter using H1-B/L1visa then I-94 validity end date will be ususally till the visa expiration date.
Suppose if I am entering US on Advanced Parole(I-131), what will be the validity enddate for I-94? If suppose they give for 1 year how to extend that if i am not going out-off US?
Thanks
If you use AP to enter, your I-94 expiry date will be 1 year from the date of entry. You do not have to extend I-94, you are in AOS while you are in the country as long as your 485 is pending.
If I enter using H1-B/L1visa then I-94 validity end date will be ususally till the visa expiration date.
Suppose if I am entering US on Advanced Parole(I-131), what will be the validity enddate for I-94? If suppose they give for 1 year how to extend that if i am not going out-off US?
Thanks
If you use AP to enter, your I-94 expiry date will be 1 year from the date of entry. You do not have to extend I-94, you are in AOS while you are in the country as long as your 485 is pending.
more...
vvicky72
12-10 07:53 PM
Does anyone know if we need any special visa for working in Canada if you have a US GC?
waiting4gc02
04-08 11:39 AM
Guys:
Just wanted to find out if you were aware if it makes any difference as to where you get your receipt from-- with respect to making an appointment(location).
What I mean is, would it be OK to get receipt from a HDFC branch in Mumbai, if you were going to make an appointment with New Delhi Embassy ?
Any experiences..?
Thanks
Just wanted to find out if you were aware if it makes any difference as to where you get your receipt from-- with respect to making an appointment(location).
What I mean is, would it be OK to get receipt from a HDFC branch in Mumbai, if you were going to make an appointment with New Delhi Embassy ?
Any experiences..?
Thanks
more...
kriskris
08-24 11:19 AM
Even i couldn't view it from Firefox. I saw the video from the same browser for first 2 days and all i see is a blank screen after that.
2010 June 07, 2011 02:30 PM by
vxg
11-07 11:49 PM
Gurus,
I have a question. I am a July 2nd 485, EAD, AP filer and I did not receive my AP yet. My H1 visa stamping got expired, and I am planning to go to India for 2 months. Can I leave US before my AP gets approved, hoping that it will be approved in the next 2 months time and my attorney will send the AP papers to my India address?
Is it possible, please advice.
Thanks
My attorney said same i.e. no issues known so it will be OK however as a lawyer he says small Possibility of screwup.
I have a question. I am a July 2nd 485, EAD, AP filer and I did not receive my AP yet. My H1 visa stamping got expired, and I am planning to go to India for 2 months. Can I leave US before my AP gets approved, hoping that it will be approved in the next 2 months time and my attorney will send the AP papers to my India address?
Is it possible, please advice.
Thanks
My attorney said same i.e. no issues known so it will be OK however as a lawyer he says small Possibility of screwup.
more...
sideeque
05-08 11:35 AM
How did u get H1B Visa Stamp for longer than the date in I179?
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baburob2
08-07 12:46 PM
yes, you can. also, you could go to stamping even with expired visa. eitherway it doesn't matter. because at the start of your H1B interview they cancel your old H1B stamp.
more...
pappu
01-24 12:25 AM
lot of members these days ask about various companies. You may also want to directly ask the company too all such questions.
http://immigrationvoice.org/forum/showpost.php?p=43890&postcount=19
http://immigrationvoice.org/forum/showpost.php?p=43890&postcount=19
hot By Vicky Allison Jun 7, 2011,
pthoko
07-16 10:17 AM
Anyone has an appointment for H1B stamping at OTTAWA on 25th July? I'm from NJ area, willing to join if anybody's driving...
more...
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sundarpn
10-01 12:09 PM
it is increasing to 1225 I think in Nov sometime. Not this month. My attorney said $1000 yesterday, so that's what I am paying.
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Syous
03-11 03:39 PM
You look asian in the portrait! =p
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eager_immi
06-26 10:11 AM
There is no issue if your wife is the derivative applicant and gets her EAD through you. You can also start but it is more complicated since your business has to be doing excatly the same thing as your labor application. Also, i think you should get lawyers advice if you are starting it. There is no complication for your wife to start a business.
THello Everyone,
We are currently evaluating our options of starting a business on EAD, which should be coming within 3 months of filing of I485 in July. Does anyone know if I or my wife can start a business on EAD, are there any issues with it?
Thanks
THello Everyone,
We are currently evaluating our options of starting a business on EAD, which should be coming within 3 months of filing of I485 in July. Does anyone know if I or my wife can start a business on EAD, are there any issues with it?
Thanks
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neeidd
06-30 09:23 PM
Looking at your profile, your date is current now - hope you don't need to apply for anything and get the GC itself...
I hope so :)
I hope so :)
more...
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tosca_travels
05-12 06:59 AM
Dear All:
Details: Indian, in H1-B status. Current visa stamp in passport expires in mid July but employer is applying for the extension.
The situation: I want to quit my job late this summer and relocating to Asia. Before I leave this continent, I'd like to travel around South America and maybe even do some volunteer work. I'd love to travel for at least 1 and maybe even 2 months.
Ideally, I would like to re-enter the US after this trip and collect my bags before flying to India.
What are my options for re-entering?
1) Get new H1-B stamp in passport before quitting the job (though this would be kind of a pain/expense). Quit the job, ask the company not to cancel the visa and re-enter the US after the trip on the new H1 stamp. I am guessing this is a somewhat risky option as I would technically be out of status, right?
2) How hard would it be to switch to a tourist visa and get a new stamp in a country like say Argentina or Mexico?
What do you think my best option is or am I out of luck?
Details: Indian, in H1-B status. Current visa stamp in passport expires in mid July but employer is applying for the extension.
The situation: I want to quit my job late this summer and relocating to Asia. Before I leave this continent, I'd like to travel around South America and maybe even do some volunteer work. I'd love to travel for at least 1 and maybe even 2 months.
Ideally, I would like to re-enter the US after this trip and collect my bags before flying to India.
What are my options for re-entering?
1) Get new H1-B stamp in passport before quitting the job (though this would be kind of a pain/expense). Quit the job, ask the company not to cancel the visa and re-enter the US after the trip on the new H1 stamp. I am guessing this is a somewhat risky option as I would technically be out of status, right?
2) How hard would it be to switch to a tourist visa and get a new stamp in a country like say Argentina or Mexico?
What do you think my best option is or am I out of luck?
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rkanth12
10-07 10:06 PM
I have applied for my extension of H1B at Vermont Center. my first three years on H1b expired on Sep 8th. The application was filed on July 20th and it is normal processing. I have my H1b and H4 receipts with me, but its not yet approved. I am planning to take B1 visa appointment for my mother. Shall i send my mother to B1 stamping with H1B receipt.
Does Chennai consulate will accept H1b receipt for Visitor Visa or Shall we wait for H1b Approval? thanks in Advance....
thanks,
Sreenuk
Yes. I used for twice for two different people. No problem.
Does Chennai consulate will accept H1b receipt for Visitor Visa or Shall we wait for H1b Approval? thanks in Advance....
thanks,
Sreenuk
Yes. I used for twice for two different people. No problem.
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Blog Feeds
09-09 07:30 PM
According to TRAC (http://trac.syr.edu/immigration/reports/240/), Justice Department data show that Immigration Judges are declining substantially fewer requests for asylum. Denial rates have reached the lowest level in the last quarter of a century.
Twenty five years ago, in FY 1986, almost nine out of ten (89%) of the asylum requests in the Immigration Courts were denied. While the annual rates have gone up and down during the ensuing years, only half (50%) of the requests were denied during the first nine months of FY 2010 � a record low.
One factor contributing to the improved success of the asylum seekers is that a higher proportion of the total are represented by counsel. It must be noted, however, that the number of those seeking asylum in court proceedings has fallen.
he growing success of asylum seekers is partly attributable to increases in the proportion who obtain legal representation. The latest figures show that more than nine out of every ten (91%) are now represented, up from just over half (52%) twenty-five years ago in FY 1986.
Asylum is relief for a foreign national to remain in the U.S. under legal status because the foreign national has suffered past persecution in his home country or country of last habitual residence, or because the foreign national has a well founded fear of future persecution in his home country or country of last habitual residence and such persecution is based on race, religion, nationality, political opinion or membership in a particular social group. So having a competent lawyer preparing your asylum case is a must in order to have a chance to win your Asylum case.
More... (http://www.visalawyerblog.com/2010/09/asylum_attorney_asylum_approva.html)
Twenty five years ago, in FY 1986, almost nine out of ten (89%) of the asylum requests in the Immigration Courts were denied. While the annual rates have gone up and down during the ensuing years, only half (50%) of the requests were denied during the first nine months of FY 2010 � a record low.
One factor contributing to the improved success of the asylum seekers is that a higher proportion of the total are represented by counsel. It must be noted, however, that the number of those seeking asylum in court proceedings has fallen.
he growing success of asylum seekers is partly attributable to increases in the proportion who obtain legal representation. The latest figures show that more than nine out of every ten (91%) are now represented, up from just over half (52%) twenty-five years ago in FY 1986.
Asylum is relief for a foreign national to remain in the U.S. under legal status because the foreign national has suffered past persecution in his home country or country of last habitual residence, or because the foreign national has a well founded fear of future persecution in his home country or country of last habitual residence and such persecution is based on race, religion, nationality, political opinion or membership in a particular social group. So having a competent lawyer preparing your asylum case is a must in order to have a chance to win your Asylum case.
More... (http://www.visalawyerblog.com/2010/09/asylum_attorney_asylum_approva.html)
Sesame
10-03 11:51 AM
Anyone of you who has been fingerprinted and had interview with USCIS,
How long did you take to be given a schedued appointment for interview after the fingerprint? Did you have an interview right after the fingerprint?
Is that possible to have it both on the same day?
I am asking you because I would like to travel outside of the country with AP as soon as I have my fingerprint done.
If I would be nortified of the interview date right after the figerprint, I would rather stay to finish everything before travel. That way, I won't cause any troubles, right?
Thanks
How long did you take to be given a schedued appointment for interview after the fingerprint? Did you have an interview right after the fingerprint?
Is that possible to have it both on the same day?
I am asking you because I would like to travel outside of the country with AP as soon as I have my fingerprint done.
If I would be nortified of the interview date right after the figerprint, I would rather stay to finish everything before travel. That way, I won't cause any troubles, right?
Thanks
lfwf
12-10 11:51 PM
i would start by calling....
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