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  • akred
    07-25 02:40 AM
    Go ahead and start the process if the company is willing to do it. Ultimately, the DOL, not the employer, will decide whether to deny the LC, certify it or sit on it for 5 years before certifying it.

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  • lotta
    07-21 08:41 PM
    I am in H1 and filed for 485 and EAD, AP. Still have my H1B visa in my passport. Does getting EAD mean you are no more in H1? Or you really have to USE it to be out of H1.

    The general consensus is that only using an EAD invalidates H1.

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  • dealsnet
    06-17 08:28 AM
    You can extend H1B, if your labor was approved before I-94 expiry date. If it happens, do premium for I-140 (15 days), with approved I-140, you can extend upto 3 years.

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  • mattresscoil
    10-18 08:48 AM
    My 485 interview (employment based) has been scheduled in San Jose, CA for Oct,29th.
    Interview letter says bring following documents:

    All Passports, all documents that submitted during 485, current employment letter, W2s , marriage certificate, insurance policies, rental agreements etc�.

    I have few questions on this:

    1.My wife interview is at 7:45AM and mine is 8:15AM. Does it mean we have to go
    separate or can we go at the same time?
    2. Do I need to carry employer tax returns also?
    3. Do I need to carry affidavit of support for my wife?
    4. Are there any documents that I need to carry apart from mentioned in the above list?

    Also if you have attended interview in San Jose field office, please share your experience.

    1.My wife interview is at 7:45AM and mine is 8:15AM. Does it mean we have to go separate or can we go at the same time? - Most likely the officer will call you together.

    2. Do I need to carry employer tax returns also? - No, just carry the letter of continued employment from your employer stating your income and that you work full time 40 hors a week form them.

    3. Do I need to carry affidavit of support for my wife? - Not require but carry notarized cope if you really want to.

    4. Are there any documents that I need to carry apart from mentioned in the above list? - Just carry every thing. Make sure you keep things sorted/organized so that you can pull whatever the officer wants from the stack.

    Good luck and let the group know what happens.
    Thanks, Mattresscoil!!


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  • m306m
    06-09 11:02 AM
    Transit visa is only required if you are planning to return to the US. If you are planning to go back to the country of citizenship, no trasit visa is required through Germany, London etc..

    If this still a concern, there are other options. There are direct flight (Delta) from NY to Mumbai, Also you can go through Egypt (no transit visa required) or UAE, direct flight from NY to Dubai on Emirates and onward to India. Over the pacific you can fly through Japan, Indonesia, Malaysia, etc without a transit visa.

    Sorry to hear about your loss. Hope things work out for you.

    Some countries require transit visa like UK for even changing flight but going through Germany do not require such a visa for EAD holders, you should contact the local consulate for B-1 holders.

    Hope you have filed a Police report and got the pp based on it. Very sorry for your loss, wish you recover the stolen items before leaving for India.

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  • kapoorg
    06-21 02:04 PM

    I am in a similar situation. I am in US on B1 visa and accidently damaged my passport.

    Both my passport and I-94 are mutilated. Duplicate passport takes 6-8 weeks and I-102 takes close to 3 months.

    What should I do? My exit date as per I-94 is Aug,25th.

    Can you please tell me how did you manage to get duplicate passport in such a short time?

    Gaurav Kapoor


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  • aray
    09-16 02:48 PM
    There is no risk. I recently traveled and came back on AP and I changed jobs and no longer work with sponsoring employer.

    There is always a nut case if you are not lucky and will probably cause some grief, but will not stop you from entering US.

    At the Port of Entry, were you asked if you are still working for the GC sponsoring employer? Did you have to show any documentation from new employer?

    I am planning to travel to India in December on AP. I recently changed jobs.

    Thanks in advance.

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  • Hey Ram GC
    04-08 12:25 PM
    so are you going to get your EAD renewed this time?


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  • srsrsr
    07-20 10:23 AM
    Im also in same situation. My PD is Nov 2004(EB3) and I-140 approved.
    I'm unmarried(might take 6 months to one year to get married) What if my 485
    gets approved before marriage? what are the risks in applying now and later?
    Please help.

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  • thamizhan
    07-17 10:46 PM
    any news about the unused visa numbers to be recalled ?


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    10-04 12:03 AM
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  • geevikram
    12-06 11:19 AM
    If you read the post , they say 21 year old means fresh graduate (bach.), it is very high for that age with no or less experience. here in california also freshers get 50-60k start..

    That depends on company, job-title. Ofcourse, this is still high for a fresher, but you can't compare 50-60K to facebook job. This kid must be extremely smart. 50-60K would be for some lucky fresher coming out of an avg university in US. Even folks for decent US univ's get close to 100K in Cali. (Depends on company and pos).


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  • smuggymba
    10-08 04:54 PM
    You have to actually work for company A- be on their staff, be on their payroll, be there full time employee. W2 is only issued if u work with them and draw salary.

    Yeah question is what defines employment with them?

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  • paskal
    09-17 01:45 PM
    would not do to change names like that
    but many organizations use a decscritor line to define themselves


    American Association of Clinical Endocrinologists
    The voice of clinical endocrinology

    you will find many others like that...why not something like

    Immigration Voice
    Working for reform in legal immigration
    A voice for legal immigrants


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  • sanju_dba
    09-27 12:19 PM
    Poll shows 94% of them support this , now what next?
    - is it legit for IV?
    - does it needs to be integrated with IV website?

    Waiting for Admin's reply.

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  • ram04
    05-23 10:36 AM
    Re entry with new H1 in 2003 - will it not reset your prior record straight?

    Were you involved in any sort of un authorized employment after your new H1 approval and before I 485 filing?

    I believe that April 3, 2002 is your denial notice is the starting point then. Till that point you were legally employed based on the belief that your application will be approved. Again this is just the common sense readout based on what you copied in�

    So,if you are less than 180 days here without employment authorization you might have a chance � would be nice to know:
    -Why your case was denied at that time (L1B extension???) This usually never happens�
    -What the basis of the straight denial right now? You might want to contact USCIS over the phone (to gain few days) or do you have the letter already?

    Anyway ether cases I would contact the USCIS Ombudsman about the straight denial � they should not do it � they usually issue that Notice of Intent first. Search around the threads here - I�ve seen some cases where the applicant received an immediate denial and somehow they were able to push it back to the �let�s talk about it� mode� - which does not mean that you are safe, but it will buy you some time for you.

    So your research might be right about the 240 day thing which could put this into a different level.

    I cannot recommend any lawyer � I use my company�s one and that office does not take individual cases I believe


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  • kumar1305
    02-25 05:10 PM
    WOW. Stealing $30 worth of stuff makes her so bad?

    I wonder what stealing from an employer by leaving early from work would mean.

    You are beyond hopeless.

    Here people are putting more than 8 hours a day. Many are doing twice the job. Doing Administration and development, development and support and what not. Employers do not want to recruit a new one. Have thrown all the stuff on poor H1Bs, can't run away just have to work hard to keep the status.

    Which company which let you go early in the current economy? This kind of statements are an insult to all the hard working guys on this forum.

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  • desi3933
    06-25 04:33 PM
    >> 1. What was your original I-94 date before H-1B amendment was filed by Company A?
    September 30 2009
    >> 2. What was amendment for?
    amendment is for change in annual salary
    >> 3. Why H-1B amendment was denied?
    The amendment was filed way back in Sep 2007 and they got the RFE in Nov 2008. The amendment is denied because of the Annual salary specified & also because we couldn't get the End client letter (Client told me that it's company police not to provide such type of letter). We provided main vendor contract.

    Based on the information provided, it seems that only original H-1 petition (before amendment) is likely to be valid for Employer A. You can probably work for Employer A, under original LCA conditions (including salary and job location), until I-94 expiration date (Sep 30th, 2009). However, if you were getting paid less at the time of Employer A H-1B amendment denial, then it becomes more complex.

    If you had been out of status on H1 in past (for example - not getting paid on bench, getting paid less than LCA), then you are out of status now. You may need re-entry in US to get back into status.

    >> Can I work after Company B files MTR?
    No. Since H-1B petition is denied, you can not work for Employer B, even if Employer B files for MTR.

    I would suggest you get professional advice from immigration attorney. Based on the facts so far, I see limited options for you.

    Good Luck.

    Not a legal advice.
    US citizen of Indian origin

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  • xbohdpukc
    09-25 11:59 AM
    The Immigration Nationality Act does not say specifically that h4 time is added towards h1 time. It is the way laws interpreted by uscis that states h4 time counted towards H1. USCIS can change their interpretation by merely issuing a memo.

    see this thread.
    Maybe it is a good idea to contact the Ombudsman about this issue.

    I'm not a lawyer, but my assumption would be that this is cannot be changed by an USCIS memo. Why? Because H4 is simply a derivative status which means that it obeys all the rules pertinent to the primary beneficiary's status plus additional restrictions imposed to the particular classification by law. H status is restricted to 6 year continuous presence in the US.
    It would be helpful to find the definition of a derivative status; INA does not provide such definition, but I'm sure they wouldn't be using these words loosely without a proper definition.
    So my guess would be is that the answer to the question of "decoupling" H4 and H1b time will boil down to the answer to another question: what really defines a derivative status.

    02-24 12:24 PM
    Got response from the embassy stating that the passport has been processed but, not clear if they already dispatched it. Looks like they are still keeping up with the 40 day turnaround time.

    06-30 01:37 PM
    You can have 2 H1B active at one time, but one should be fulltime and other which we call as concurrent H1B (part time).

    As per my understanding Concurrent one does not fall under quota since it is a part time one and needs to be approved before you can start working unlike h1B transfer where you can work as soon as transfer is filed w/o waiting for approval.

    The underlying H1B or the concurrent H1B does not protect you on status, so if you loose status on your fulltime h1B job then you cannot jump on this to save your status.

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