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neelu
01-02 01:04 PM
Hi everyone,
I am currently on a H4 Visa. The H4 visa on my passport expires on 20 June 2007. My husband recently got a 3 year extension on his H1 ( I 140 approved) and because of him, my H4 is also extended for 3 years (valid from 10/23/2006 to 08/07/2009 )
I intend to travel abroad in february 2007 to be back in the US by march 2007.
I have a few questions in this regard:
1. Can I travel on my current H4 visa which expires on 06/20/2007 or should I get a new H4 visa stamped with my 3 year extension before I travel?
2. If I travel on my current H4 visa , is there even a remote possibility of being stopped at Immigration because of my new extension?
3. Also if I decide to travel on my current H4 visa, since I only have 4-5 months left before it expires, will US immigration pose any problems when I re-enter in US?
I would greatly appreciate if you can respond to my questions.
Thank you very much in advance.
I am currently on a H4 Visa. The H4 visa on my passport expires on 20 June 2007. My husband recently got a 3 year extension on his H1 ( I 140 approved) and because of him, my H4 is also extended for 3 years (valid from 10/23/2006 to 08/07/2009 )
I intend to travel abroad in february 2007 to be back in the US by march 2007.
I have a few questions in this regard:
1. Can I travel on my current H4 visa which expires on 06/20/2007 or should I get a new H4 visa stamped with my 3 year extension before I travel?
2. If I travel on my current H4 visa , is there even a remote possibility of being stopped at Immigration because of my new extension?
3. Also if I decide to travel on my current H4 visa, since I only have 4-5 months left before it expires, will US immigration pose any problems when I re-enter in US?
I would greatly appreciate if you can respond to my questions.
Thank you very much in advance.
Administrator2
01-25 07:34 PM
Congressman Flake reintroduces STAPLE Act to renew the focus on competitiveness.
PRESS RELEASE
Congressman Flake Reintroduces the STAPLE Act
Bill Will Help to Keep U.S. Technology Industry Competitive Globally
Washington, D.C., Jan 25 - Republican Congressman Jeff Flake, who represents Arizona�s Sixth District, today re-introduced the STAPLE Act (H.R. 399), which would exempt foreign students who have earned a Ph.D. degree in science, technology, engineering, or mathematics from a U.S. university and have a job offer in the U.S. from visa quotas.
�Unless we want to see the next Google or Intel created overseas, we�ve got to enact legal immigration reforms that allow foreign-born, U.S.-educated students who have earned advanced degrees to remain and work in the country after they�ve graduated,� said Flake.
�At a time when there�s a lot of focus on keeping the U.S. competitive globally, if we don�t keep these highly-skilled workers in the U.S. after they�ve graduated, we�re going to see the next round of high tech companies created overseas rather than here in the United States.�
US Congressman Jeff Flake (http://flake.house.gov/News/DocumentSingle.aspx?DocumentID=221159)
PRESS RELEASE
Congressman Flake Reintroduces the STAPLE Act
Bill Will Help to Keep U.S. Technology Industry Competitive Globally
Washington, D.C., Jan 25 - Republican Congressman Jeff Flake, who represents Arizona�s Sixth District, today re-introduced the STAPLE Act (H.R. 399), which would exempt foreign students who have earned a Ph.D. degree in science, technology, engineering, or mathematics from a U.S. university and have a job offer in the U.S. from visa quotas.
�Unless we want to see the next Google or Intel created overseas, we�ve got to enact legal immigration reforms that allow foreign-born, U.S.-educated students who have earned advanced degrees to remain and work in the country after they�ve graduated,� said Flake.
�At a time when there�s a lot of focus on keeping the U.S. competitive globally, if we don�t keep these highly-skilled workers in the U.S. after they�ve graduated, we�re going to see the next round of high tech companies created overseas rather than here in the United States.�
US Congressman Jeff Flake (http://flake.house.gov/News/DocumentSingle.aspx?DocumentID=221159)
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mmanurker
04-13 01:54 PM
In my company 3 of my collegues are doing exactly this. All are representing US company in the offshore development centre. there payrolls are run here in US, they are in India and all there expenses are paid by US company. They pay taxes here in US show some friends address and there 485 is also in progress
I am on H1b and also travel a lot at times upto 4 months. (same LCA issue should be true for me also) but never had an issue....
But I hear you, so better check with an lawyer and have a complete picture, but as I say this is completely doable.
Well all I can say is that you all are lucky and hope that the luck does not run out down the road because in US not knowing law is not an excuse and as long as DOL or USCIS does not find this out you are fine. Giving friends address and filing taxes using friends address and filing LCA to show that you will be working from a location in US and running payroll from that state but in reality working outside USA, to me if DOL/USCIS finds out then they might treat this as LCA voilations, fraud and misrepresentation and both you and your employer could land into trouble.
I remember few years back some of the H1B employees as well as employer(owner of the company and few others) were handcuffed and arrested for LCA voilations...
here is the old link from murthy.com:
MurthyDotCom : INS Raid re: LCA Violations Against H1B Employer (http://www.murthy.com/news/UDraid.html)
here is another one:
MurthyDotCom : Arrests of H1B Employers Increase (http://www.murthy.com/news/n_h1arst.html)
LCA voilations also result in H1B's revoked by USCIS. Its just that after Neufield Memo in Jan 2010 that the focus shifted towards employer-employee relationship but prior to Jan 2010, most of the talk on immigration forums were about the LCA and LCA voilations.
About you travelling upto 4 months, I am not sure how your LCA is drafted and filed. but here is some info that If an employee works for more than 30 consecutive days or 60 aggregate days within a 12 month period at a location not listed on the LCA, the employer must file a new LCA documenting that change. OR employer can list multiple locations on the LCA filed the very first time itself.
and about your taxes, you will be considered as resident alien if you lived and worked more than 180 days in the same state/place.
Again I could be wrong here but this is my understanding considering the kind of cases that I hear abt LCA voilations and subsequent petition denials..
Bottom line seek legal advice from attorneys.
I am on H1b and also travel a lot at times upto 4 months. (same LCA issue should be true for me also) but never had an issue....
But I hear you, so better check with an lawyer and have a complete picture, but as I say this is completely doable.
Well all I can say is that you all are lucky and hope that the luck does not run out down the road because in US not knowing law is not an excuse and as long as DOL or USCIS does not find this out you are fine. Giving friends address and filing taxes using friends address and filing LCA to show that you will be working from a location in US and running payroll from that state but in reality working outside USA, to me if DOL/USCIS finds out then they might treat this as LCA voilations, fraud and misrepresentation and both you and your employer could land into trouble.
I remember few years back some of the H1B employees as well as employer(owner of the company and few others) were handcuffed and arrested for LCA voilations...
here is the old link from murthy.com:
MurthyDotCom : INS Raid re: LCA Violations Against H1B Employer (http://www.murthy.com/news/UDraid.html)
here is another one:
MurthyDotCom : Arrests of H1B Employers Increase (http://www.murthy.com/news/n_h1arst.html)
LCA voilations also result in H1B's revoked by USCIS. Its just that after Neufield Memo in Jan 2010 that the focus shifted towards employer-employee relationship but prior to Jan 2010, most of the talk on immigration forums were about the LCA and LCA voilations.
About you travelling upto 4 months, I am not sure how your LCA is drafted and filed. but here is some info that If an employee works for more than 30 consecutive days or 60 aggregate days within a 12 month period at a location not listed on the LCA, the employer must file a new LCA documenting that change. OR employer can list multiple locations on the LCA filed the very first time itself.
and about your taxes, you will be considered as resident alien if you lived and worked more than 180 days in the same state/place.
Again I could be wrong here but this is my understanding considering the kind of cases that I hear abt LCA voilations and subsequent petition denials..
Bottom line seek legal advice from attorneys.
more...
transpass
03-16 03:57 AM
hi,
Thanks for your reply. But how is it possible to get a word to word match in job description in an offer letter? When you get a job the new company words for the offer letter. As your job will be similar you will have common words like "develop", "analyze" "test" etc. But how the whole thing matches word to word. Is it possible to request the new employer to phrase the offer letter as per you LC description? Can they entertain such request?
I would appreciate if anyone who invoked Ac21 can help
If you have the same job with similar job duties, one thing you can do is as follows...
Pull out your approved labor and see the job description. Use similar description on the new job. The description need not match word to word, but more or less similar. Also, consult your lawyer regarding this and seek his/her advice so that your AC21 sails smoothly...
Thanks for your reply. But how is it possible to get a word to word match in job description in an offer letter? When you get a job the new company words for the offer letter. As your job will be similar you will have common words like "develop", "analyze" "test" etc. But how the whole thing matches word to word. Is it possible to request the new employer to phrase the offer letter as per you LC description? Can they entertain such request?
I would appreciate if anyone who invoked Ac21 can help
If you have the same job with similar job duties, one thing you can do is as follows...
Pull out your approved labor and see the job description. Use similar description on the new job. The description need not match word to word, but more or less similar. Also, consult your lawyer regarding this and seek his/her advice so that your AC21 sails smoothly...
bigboy007
12-10 02:18 PM
Also some one has pointed out that SOC codes should be same or similar:
Now as per DOL website:
15-1000 Computer Specialists
** 15-1010 Computer and Information Scientists, Research
**15-1011 Computer and Information Scientists, Research
15-1020 Computer Programmers
15-1021 Computer Programmers
15-1030 Computer Software Engineers
15-1031 Computer Software Engineers, Applications
15-1032 Computer Software Engineers, Systems Software
15-1040 Computer Support Specialists
15-1041 Computer Support Specialists
15-1050 Computer Systems Analysts
15-1051 Computer Systems Analysts
** 15-1060 Database Administrators
**15-1061 Database Administrators
** 15-1070 Network and Computer Systems Administrators
**15-1071 Network and Computer Systems Administrators
** 15-1080 Network Systems and Data Communications Analysts
**15-1081 Network Systems and Data Communications Analysts
15-1090 Miscellaneous Computer Specialists
15-1099 Computer Specialists, All Other
==============================================
I know "**" ones are different and doesnt apply to what i am looking does this mean people go in and around these rest of SOC as and when my new job is in "Computer Specialists" range? i am confused.
What role should i do to intimate USCIS and how do they enquire about htis is it when i do H1b Transfer ?
Now as per DOL website:
15-1000 Computer Specialists
** 15-1010 Computer and Information Scientists, Research
**15-1011 Computer and Information Scientists, Research
15-1020 Computer Programmers
15-1021 Computer Programmers
15-1030 Computer Software Engineers
15-1031 Computer Software Engineers, Applications
15-1032 Computer Software Engineers, Systems Software
15-1040 Computer Support Specialists
15-1041 Computer Support Specialists
15-1050 Computer Systems Analysts
15-1051 Computer Systems Analysts
** 15-1060 Database Administrators
**15-1061 Database Administrators
** 15-1070 Network and Computer Systems Administrators
**15-1071 Network and Computer Systems Administrators
** 15-1080 Network Systems and Data Communications Analysts
**15-1081 Network Systems and Data Communications Analysts
15-1090 Miscellaneous Computer Specialists
15-1099 Computer Specialists, All Other
==============================================
I know "**" ones are different and doesnt apply to what i am looking does this mean people go in and around these rest of SOC as and when my new job is in "Computer Specialists" range? i am confused.
What role should i do to intimate USCIS and how do they enquire about htis is it when i do H1b Transfer ?
more...
quizzer
10-19 12:23 PM
EB-2, NSC, PD 10/30/07. Only LUD on 11/22/06, since then nothing
Ask your company/lawyer to raise a service request since its more than 30 days of the processing time
Ask your company/lawyer to raise a service request since its more than 30 days of the processing time
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eb3_nepa
04-13 11:19 AM
I was reading this article.
http://www.usconstitution.net/consttop_law.html.
It's a great article and maybe we shud add it in our FAQ section.
If you scroll down to the heading "The Bill Becomes Law"
it says :
Officially, after the President signs the bill, 10 days passes without a signature, or after a veto override, the bill is considered law. It is in effect at that moment. But in reality, it is, of course, more difficult than that.
Even on the Wikipedia article listed in the FAQ there was no mention of a 90 day delay. Just wondering if Sen Sessions simply asked for a 90 day delay or a 180 day delay.
Check this out too.
http://thomas.loc.gov/home/lawsmade.bysec/presidential.html
"A bill becomes law on the date of approval or passage over the President's veto, unless it expressly provides a different effective date."
http://www.usconstitution.net/consttop_law.html.
It's a great article and maybe we shud add it in our FAQ section.
If you scroll down to the heading "The Bill Becomes Law"
it says :
Officially, after the President signs the bill, 10 days passes without a signature, or after a veto override, the bill is considered law. It is in effect at that moment. But in reality, it is, of course, more difficult than that.
Even on the Wikipedia article listed in the FAQ there was no mention of a 90 day delay. Just wondering if Sen Sessions simply asked for a 90 day delay or a 180 day delay.
Check this out too.
http://thomas.loc.gov/home/lawsmade.bysec/presidential.html
"A bill becomes law on the date of approval or passage over the President's veto, unless it expressly provides a different effective date."
more...
scorpion00
10-06 02:43 PM
Hi Manish,
I hope everything goes well with you.
Did the officials call you or come to see you in person?
I hope everything goes well with you.
Did the officials call you or come to see you in person?
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GCD
07-28 11:15 AM
Gurus. Please reply. Thanks a lot.
Gurus. Please reply. Thanks a lot.
Gurus. Please reply. Thanks a lot.
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carbon
05-18 05:12 PM
Will we be able to find by the end of 2006 wether CIR bill is passed or not ?
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abe1
01-06 09:18 AM
I understand that this bill many not pass or even move any forward. I thought two senior senators from both parties showing interest in this topic is a great opportunity for IV to present our case in a different light. We have been clamoring about the difficulties we are facing because of the present delay in green card processing. Unfortunately this is only our problem and no one else really has to be bothered about it. If we present our case in a mutually beneficial point of view perhaps some of the politicians will have little more interest in our situation. Remember JFK�s famous words��Ask not what the country can do for you�.� If we write to Senators Kerry and Lugar now, even if the bill does not pass, they will consider our situation slightly differently next time CIR or another immigration bill is introduced in the congress. I think IV ought to present our case in all different angles possible rather than the one way approach of expecting mercy in our situation. Most importantly, I think the premise of the proposed Kerry/Lugar bill is very much applicable the folks in IV. Aren�t many people in this forum waiting for an opportunity to do some business on their own? That is how new immigrants in America have always been. We shouldn�t be any different. I am sure we cannot bring in the capital that senators are looking for. But why don�t they view us slightly differently?
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dalishi
10-13 02:45 PM
Is it mandatory to wear business formal? I am going to get visa stamping with my wife, she is applying for H4.
Thanks!
Thanks!
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desi3933
05-14 11:41 AM
......
My H-1B and COS has been approved now.
Q#1: My question is that can I travel to & back from India from Aug-2-2009 to Aug-19-2009 and enter Port of entry on my L-1B visa?
......
Since your H-1B change of status is approved, you are in H-1B Status now. In order to continue working on H-1B status after overseas trip, you must enter USA using H-1B visa stamp. This may require you to apply and get new H-1B visa stamp.
Please consider getting professional advice from your attorney before making any travel plans and what visa to use for re-entering.
______________________
Not a legal advice.
US citizen of Indian origin
.
My H-1B and COS has been approved now.
Q#1: My question is that can I travel to & back from India from Aug-2-2009 to Aug-19-2009 and enter Port of entry on my L-1B visa?
......
Since your H-1B change of status is approved, you are in H-1B Status now. In order to continue working on H-1B status after overseas trip, you must enter USA using H-1B visa stamp. This may require you to apply and get new H-1B visa stamp.
Please consider getting professional advice from your attorney before making any travel plans and what visa to use for re-entering.
______________________
Not a legal advice.
US citizen of Indian origin
.
more...
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Ramba
10-30 05:56 PM
your I-94 mess up will not affect your travel on AP. If you have a valid visa stamp (or intend to get one), you can still come back in H1B too. It may be advisable you maintain H1b by returing in H1B visa.
However, your I-94 mess up may affect 485 (very little chance), if they analyze the entry exit dates and last action rule with microscope. Technically, (as per LOR) you were out of status in 2006. Though you got further H1B approval from 2007 to 2008, you were out-of status as per LOR. But it can be overcome easily, if they issue a RFE in 485. This has to be explained properly. I do not think POE made a mistake. They issue I-94 based based only on the expiry of the visa stamp.
However, your I-94 mess up may affect 485 (very little chance), if they analyze the entry exit dates and last action rule with microscope. Technically, (as per LOR) you were out of status in 2006. Though you got further H1B approval from 2007 to 2008, you were out-of status as per LOR. But it can be overcome easily, if they issue a RFE in 485. This has to be explained properly. I do not think POE made a mistake. They issue I-94 based based only on the expiry of the visa stamp.
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radhagd
05-15 12:14 PM
Thanks for your reply.
My understanding is there can be only one AOS at any time.
- So if the AOS is applied based on the EB3 140, can another AOS be filed based on EB2?
- If a AOS has been applied based on EB3, can it be "upgraded" to EB2 ??
Thanks.
Yes you can file more than one AOS simultaneously and withdraw other one once I485 is approved.
My understanding is there can be only one AOS at any time.
- So if the AOS is applied based on the EB3 140, can another AOS be filed based on EB2?
- If a AOS has been applied based on EB3, can it be "upgraded" to EB2 ??
Thanks.
Yes you can file more than one AOS simultaneously and withdraw other one once I485 is approved.
more...
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Suvendra
01-11 01:53 PM
I am on EAD and using AC21 working for new employer.
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linuxra
07-23 03:10 PM
I heard from some other people if they are in vsg their GCs are not getting approved as it is not @ our fault why we need to bear this...I am coming to conclusion that vsg case is affecting employees...any solution u are trying....
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rajs
04-04 03:43 PM
my case is pending from 2004
visa numbers for PD are current but still no action on my case
i dint even get a reply for the enquire i made in Jan 2009
so for me its like a showoff story by USCIS :confused:
visa numbers for PD are current but still no action on my case
i dint even get a reply for the enquire i made in Jan 2009
so for me its like a showoff story by USCIS :confused:
Canadian_Dream
09-19 07:26 PM
Can this question be taken for next conference call ? I have seen numerous people looking for answer to this question becasue the underlying law (AC21)pertaining to this issue is very vague. It has not been answered in any previous conference calls.
============================
What is the relation between a 3 year H1B approval granted on an approved I-140 and the underlying I-140 petition ? Specifically, what happens if an employee leaves the company, are the remaining years (out of 3 granted originally) still valid ? What happens if the original employer revokes/cancels the I-140 peition on which the extension was originally granted ? Is the H1B petition based on a an approved I-140 linked to that I-140 in anyway once it (H1B petition) is approved ?
In summary:
Does the H1B extension based on approved I-140, once granted linked to I-140 in any way ?
If yes:
What happens to the H1B if I-140 is revoked ?
If No:
Any law/precends supporting the conclusion ?
================================
============================
What is the relation between a 3 year H1B approval granted on an approved I-140 and the underlying I-140 petition ? Specifically, what happens if an employee leaves the company, are the remaining years (out of 3 granted originally) still valid ? What happens if the original employer revokes/cancels the I-140 peition on which the extension was originally granted ? Is the H1B petition based on a an approved I-140 linked to that I-140 in anyway once it (H1B petition) is approved ?
In summary:
Does the H1B extension based on approved I-140, once granted linked to I-140 in any way ?
If yes:
What happens to the H1B if I-140 is revoked ?
If No:
Any law/precends supporting the conclusion ?
================================
raghureddy
03-18 07:45 PM
it is usually 6 to 9 months now, i guess u can wait for some more time and then approach senators office...Good Luck
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