meragcdedobhai
10-27 12:39 PM
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roseball
08-03 07:49 PM
If your H1 already expired, you are out of status from the date your H1 ext was denied.....Open a Motion to Reconsider immediately.......
Other option is to find another employer who is willing to file your H1 ASAP. Since the reason for H1 denial was not based on your profile but due to the petitioner, you should get your H1 transfer approved without any issues.....However, its solely upto USCIS whether to transfer your H1 as an extension of stay (I-94 attached) or without an extension (no I-94), in which case you will have to go out of the country, attend the visa interview and re-enter on the new company's H1....If the gap between the H1 denial and new H1 application is small, USCIS generally extends status without any issues.....As currently there is a gap in your H1 status, I dont think you can start working like others do based on the H1 transfer receipt notice......You should immediately consult an attorney and let him handle your case....The key for you is to act fast without any delay. Else, it will jeopardise your 485 application....
Regarding 485, if your current employer is co-operative, then there will be no issues at all....You can just go back to work for him once you get the EAD......File Motion to Re-Open or H1 transfer ASAP....Good luck
Other option is to find another employer who is willing to file your H1 ASAP. Since the reason for H1 denial was not based on your profile but due to the petitioner, you should get your H1 transfer approved without any issues.....However, its solely upto USCIS whether to transfer your H1 as an extension of stay (I-94 attached) or without an extension (no I-94), in which case you will have to go out of the country, attend the visa interview and re-enter on the new company's H1....If the gap between the H1 denial and new H1 application is small, USCIS generally extends status without any issues.....As currently there is a gap in your H1 status, I dont think you can start working like others do based on the H1 transfer receipt notice......You should immediately consult an attorney and let him handle your case....The key for you is to act fast without any delay. Else, it will jeopardise your 485 application....
Regarding 485, if your current employer is co-operative, then there will be no issues at all....You can just go back to work for him once you get the EAD......File Motion to Re-Open or H1 transfer ASAP....Good luck
jungalee43
09-15 03:41 PM
I received following e-mail from americasvoice a short while ago. That gives us some taste of what is coming. Remember for FAIR legal, illegals, undocumented all mean only one thing: -"ALIENS".
The mail: -
"Members of the anti-immigrant group -- the Federation for American Immigration Reform (FAIR) -- are taking Congress by storm this week.
They have been advocating for the mass deportation of 12 million people -- or for making life so miserable for these immigrants and their families that they leave on their own. They have well-documented ties to white nationalists and have been designated a hate group by the Southern Poverty Law Center.
FAIR is going door-to-door with Members of Congress this week to push their agenda of hate and intolerance.
We need your voice NOW to counter the hate!
Ask your members of Congress not to meet with FAIR:
America’s Voice | It's Time to Fight F.A.I.R. (http://americasvoiceonline.org/fightfair)
Make sure to send the letter today so your representatives get it in time, and please forward this message widely. "
The mail: -
"Members of the anti-immigrant group -- the Federation for American Immigration Reform (FAIR) -- are taking Congress by storm this week.
They have been advocating for the mass deportation of 12 million people -- or for making life so miserable for these immigrants and their families that they leave on their own. They have well-documented ties to white nationalists and have been designated a hate group by the Southern Poverty Law Center.
FAIR is going door-to-door with Members of Congress this week to push their agenda of hate and intolerance.
We need your voice NOW to counter the hate!
Ask your members of Congress not to meet with FAIR:
America’s Voice | It's Time to Fight F.A.I.R. (http://americasvoiceonline.org/fightfair)
Make sure to send the letter today so your representatives get it in time, and please forward this message widely. "
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bhasky25
10-11 01:39 PM
I received and RFE for medical and 325a in June 2009 and nothing after that. I replied to the RFE along with my AC21 from the current employer.
My current employer will not file an EB2 petition. Period. Not sure if it is an good idea to file an EB3 through them as it will not take me anywhere. I would rather switch to EAD and look for an employer who would do EB2 for me. But that would be my last option, I still want to work for this employer under H1b. But wanted to know if there will be any problem in getting my H1B renewed as my 140 is revoked. I am past my 6 yrs in H1B (got the previous one approved using my 140 approval).
My current employer will not file an EB2 petition. Period. Not sure if it is an good idea to file an EB3 through them as it will not take me anywhere. I would rather switch to EAD and look for an employer who would do EB2 for me. But that would be my last option, I still want to work for this employer under H1b. But wanted to know if there will be any problem in getting my H1B renewed as my 140 is revoked. I am past my 6 yrs in H1B (got the previous one approved using my 140 approval).
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freddy22
07-17 11:41 PM
misdemeanors can be CIMT's if they involve theft or dishonesty. a single misdemeanor might qualify under the petty offense exception, but because your son now faces a second conviction, the petty offense exception won't apply. One question: are you a naturalized US citizen? If so, your son might actually be a US citizen as well.
does not the INTENT to cause harm or INTENT to steal decide whether its a CMT?
He has on record 1 criminal mischief 4th and 1 petty larceny - he was with other boys when THEY joy rided snowmobiles - he did not steal anything just tagged along with them and rode with them but he did not intend to steal or take anything - both the criminal mischief and petty larceny charges are tied into this incident:
His latest charge will be reduced to a simple TRESSPASS from Burglary 2nd we know that as the DA has already indicated that to us:
So does this information make any difference to your opinion?
I thank you for responding!
He is a green card holder since December 2005 and eligible for filing naturalization in November next year but we have been physically present in the USA from 1999 gained entry legally and changed status while here:
He has no priors to any of this:
He has no convictions in any other country:
His mischief and petty larceny charges for the snow mobile incidents were charged as a youthful offender and sealed supposedly:
He is 19 in November this year:
He has never left the USA for any period of time or vacation or anything
does not the INTENT to cause harm or INTENT to steal decide whether its a CMT?
He has on record 1 criminal mischief 4th and 1 petty larceny - he was with other boys when THEY joy rided snowmobiles - he did not steal anything just tagged along with them and rode with them but he did not intend to steal or take anything - both the criminal mischief and petty larceny charges are tied into this incident:
His latest charge will be reduced to a simple TRESSPASS from Burglary 2nd we know that as the DA has already indicated that to us:
So does this information make any difference to your opinion?
I thank you for responding!
He is a green card holder since December 2005 and eligible for filing naturalization in November next year but we have been physically present in the USA from 1999 gained entry legally and changed status while here:
He has no priors to any of this:
He has no convictions in any other country:
His mischief and petty larceny charges for the snow mobile incidents were charged as a youthful offender and sealed supposedly:
He is 19 in November this year:
He has never left the USA for any period of time or vacation or anything
pushkarw
12-21 02:19 PM
My question is - WHY WOULD ANYONE HELP US GIVEN THE FACT THAT WE ARE NOT WILLING TO HELP OURSELVES?????
All - Please contribute.
Please think:
A. WHY will ACLU assist us? Only because Ms. Singh is there?
B. WHY should Dr. Singh or Mrs. Gandhi assist us? We are trying to emigrate FROM India, NOT immigrate to India, after all.
C. Please do not formulate random "minority community" statements. It is kind of ironic to do so, given the fact that we, the EB immigrants, are usually parts of various minority communities in the U.S., and are desperately trying to make our case to the power structure here...
All - Please contribute.
Please think:
A. WHY will ACLU assist us? Only because Ms. Singh is there?
B. WHY should Dr. Singh or Mrs. Gandhi assist us? We are trying to emigrate FROM India, NOT immigrate to India, after all.
C. Please do not formulate random "minority community" statements. It is kind of ironic to do so, given the fact that we, the EB immigrants, are usually parts of various minority communities in the U.S., and are desperately trying to make our case to the power structure here...
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Soltan
05-06 08:03 PM
Soltan
But you cannot directly use the old 140 for filing a new 485
Krishmunn, thanks for your reply. I understand that I have to apply labor and I140 again. But my question was how do I port the priority date when I do not have the approved copy of my I140 with me. What if the old employer cancels my i140?
All I have is the old i140 receipt and the receipt number online shows approved status.
Thanks
But you cannot directly use the old 140 for filing a new 485
Krishmunn, thanks for your reply. I understand that I have to apply labor and I140 again. But my question was how do I port the priority date when I do not have the approved copy of my I140 with me. What if the old employer cancels my i140?
All I have is the old i140 receipt and the receipt number online shows approved status.
Thanks
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Munna Bhai
02-08 11:59 AM
You want to keep your 140 intact for 2 reasons:
1. To port the priority date for future use in a subsequent Greencard petition.
2. To get more H1 extensions based on this 140, until you have another labor and 140 going on with new employer.
First, about 1:
There is a lot of information on this thread about priority date transfers (http://immigrationvoice.org/forum/showthread.php?t=912)from old approved 140 to a new 140. Read that thread and you will learn all you want to learn and all the information out there in the immigration world about PD transfer from one 140 to another 140.
In a nutshell:
Its a grey area of the law. If your 140 is never revoked, you would be fine and able to port your priority date. If it is revoked for fraud and willful misrepresentation, then you cannot port that PD under any circumstances. If 140 is revoked by employer then it falls into grey area. USCIS adjudicator's field manual says that you can still port your PD. The code of federal regulations says that you cannot. Currently USCIS is porting priority dates even if employer has revoked that 140, and they are following the AFM(adjudicator's field manual). However that can change in future. Legislation trumps regulation and regulation trumps the adjudicator's field manual. For now, things are great as AFM is being followed.
About 2:
If you have an H1 approved for 3 years after 140 approval, and you transfer jobs to a new employer and get another H1. You should be fine. If your previous employer cancels your I-140 after you leave and go to another employer, then USCIS will not go back and cancel your H1 because it was based on an approved 140 that is now revoked. This is what is happening as of now. At the time of H1 transfer to your new employer, your 140 should be in good status and you should have a photocopy of your approved 140. Once your H1 transfer is done (probably will have same end-date as the current 3-year H1 from your current employer), if the 140 is revoked AFTER that, then you should be fine. I am saying this based on advice from a very good lawyer.
Now, in far future, USCIS may decide to go and look for H1s that were approved based on approved 140 and then if that 140 is revoked, then they would go and cancel that H1 also. Its very very unlikely that they would do that even in future. They dont have that kind of resources to keep track of H1s based on 140 approvals and then go back and cancel them whenever some disappointed employer revokes 140.
About preventing 140 from being revoked:
I do not think that by changing lawyers, you can stop the previous 140 from being revoked. Your previous employer, for any reason, can get that 140 revoked with any lawyer they choose, regardless of who your current lawyer is. Lawyers are tied to clients, not petitions and cases. However, if someone knows more about this, please post here.
Thanks, please let everyone know if by changing lawyers is there anyway of protecting I-140 from being revoked?? or is there any other way out??
1. To port the priority date for future use in a subsequent Greencard petition.
2. To get more H1 extensions based on this 140, until you have another labor and 140 going on with new employer.
First, about 1:
There is a lot of information on this thread about priority date transfers (http://immigrationvoice.org/forum/showthread.php?t=912)from old approved 140 to a new 140. Read that thread and you will learn all you want to learn and all the information out there in the immigration world about PD transfer from one 140 to another 140.
In a nutshell:
Its a grey area of the law. If your 140 is never revoked, you would be fine and able to port your priority date. If it is revoked for fraud and willful misrepresentation, then you cannot port that PD under any circumstances. If 140 is revoked by employer then it falls into grey area. USCIS adjudicator's field manual says that you can still port your PD. The code of federal regulations says that you cannot. Currently USCIS is porting priority dates even if employer has revoked that 140, and they are following the AFM(adjudicator's field manual). However that can change in future. Legislation trumps regulation and regulation trumps the adjudicator's field manual. For now, things are great as AFM is being followed.
About 2:
If you have an H1 approved for 3 years after 140 approval, and you transfer jobs to a new employer and get another H1. You should be fine. If your previous employer cancels your I-140 after you leave and go to another employer, then USCIS will not go back and cancel your H1 because it was based on an approved 140 that is now revoked. This is what is happening as of now. At the time of H1 transfer to your new employer, your 140 should be in good status and you should have a photocopy of your approved 140. Once your H1 transfer is done (probably will have same end-date as the current 3-year H1 from your current employer), if the 140 is revoked AFTER that, then you should be fine. I am saying this based on advice from a very good lawyer.
Now, in far future, USCIS may decide to go and look for H1s that were approved based on approved 140 and then if that 140 is revoked, then they would go and cancel that H1 also. Its very very unlikely that they would do that even in future. They dont have that kind of resources to keep track of H1s based on 140 approvals and then go back and cancel them whenever some disappointed employer revokes 140.
About preventing 140 from being revoked:
I do not think that by changing lawyers, you can stop the previous 140 from being revoked. Your previous employer, for any reason, can get that 140 revoked with any lawyer they choose, regardless of who your current lawyer is. Lawyers are tied to clients, not petitions and cases. However, if someone knows more about this, please post here.
Thanks, please let everyone know if by changing lawyers is there anyway of protecting I-140 from being revoked?? or is there any other way out??
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jettu77
10-05 03:57 PM
^^^
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snathan
02-23 10:07 PM
I am not sure if BS (3 yrs) + MCA is considered to be equivalent to MS or not. But if it is, then you can definitely file for EB2 (MS +0). However, your company will need to have a job that requires these qualifications.
Also, I am not sure why you couldn't use the experience gained with your employer. If the job description is at least 50% different than your EB3 job, you can certainly use the experience gained at your current employer.
I am also planning to file under EB2 using the experience gained with current employer. However, I have been concerned about possible audit. Nonetheless, when I asked the audit question (in a different thread), couple of folks shared their personal experience who had gotten approval (using experience gained at same employer) without any audit.
Has anyone seen a case where someone got audited for using the experience gained with the same employer? I think this will be a useful information for several others as well...
Why dont you ask this question in a free attorney's call.
Also, I am not sure why you couldn't use the experience gained with your employer. If the job description is at least 50% different than your EB3 job, you can certainly use the experience gained at your current employer.
I am also planning to file under EB2 using the experience gained with current employer. However, I have been concerned about possible audit. Nonetheless, when I asked the audit question (in a different thread), couple of folks shared their personal experience who had gotten approval (using experience gained at same employer) without any audit.
Has anyone seen a case where someone got audited for using the experience gained with the same employer? I think this will be a useful information for several others as well...
Why dont you ask this question in a free attorney's call.
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zCool
03-20 11:11 PM
withdrawl in that case would be death-knell to your AOS case..
there is theoretical opening for "approvable" 140 cases in yates memo, but it's more theory than practice, in the world wher USCIS is revoking approved 140s , one can't depend on such a slim glimmer of hope..
there is theoretical opening for "approvable" 140 cases in yates memo, but it's more theory than practice, in the world wher USCIS is revoking approved 140s , one can't depend on such a slim glimmer of hope..
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punjabi
07-18 06:59 PM
You should get RFE based on the missing employment letter. Rejections are related to more inappropriate cases. I know one case, the guy did not send his passport copies and he got an RFE.
Hope this helps ease the tension!
Hi Gurus,
I filed my 485 application on July 2nd. But my employer/lawyer did not attach the employment verification letter in the package. Is USCIS going to reject my application because of that or they will send an RFE. Please advise..
Hope this helps ease the tension!
Hi Gurus,
I filed my 485 application on July 2nd. But my employer/lawyer did not attach the employment verification letter in the package. Is USCIS going to reject my application because of that or they will send an RFE. Please advise..
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addsf345
07-17 06:46 PM
Just got back from Canada. It was really straightforward.
Showed passport and GC at Canadian checkpost... No questions asked about canadian immigration.
On the way back showed green cards, again no questions....
Wow... after almost 10 years on H1, it is unbelievable how uneventful travel on GC can be :D
so this is only for ppl with BOTH white card and green card.
what bout rest of us like who never been to canada or applied for canadian white card. if i get GC in future and visit canada, will I face any issues? just wondering?
Showed passport and GC at Canadian checkpost... No questions asked about canadian immigration.
On the way back showed green cards, again no questions....
Wow... after almost 10 years on H1, it is unbelievable how uneventful travel on GC can be :D
so this is only for ppl with BOTH white card and green card.
what bout rest of us like who never been to canada or applied for canadian white card. if i get GC in future and visit canada, will I face any issues? just wondering?
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johny120
08-23 11:32 AM
No, I do not have a EAD or AP. I did not apply for them. I am planning to keep extending my H1 and not get into the hassle of EAD and AP every year.
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nath.exists
04-09 11:01 AM
short clip Telecasting in desi channels will be a good idea. as i know lot of indians watch desi channels.I still know many in my relatives who are suffering from green card retrogression but are ignorant of immigrationvoice.org and core team.all of them have desi channels through dish. we can telecast a short 10 second add in these channels and also telecast in u.s. channels to get widespread desi support and also all other green card retrogression victims support.by telecasting in these channels many ppl back in india will also know about the problems we indians are facing in u.s.a due to gc retro.we have to use popular media like t.v and internet as much as possible to get fellow victims and would-be victims know about us.yesterday i have posted in various communities like 'indians in america','hyderbadi's abroad' in orkut.com about immigrationvoice.org.similarly we can target many social networking sites,rediff.com,yahoo.com and other websites.chain mails like forwarding the plight of gc victims to all other friends and so on...and sending offline messsages through yahoo messenger etc .what say ???
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amoljak
10-16 02:03 PM
Kambi:
Based on current stats,
LC - It will take about 4 months from the date you initiate your case with your lawyer
140- Eb2 or eb 3 will take from 4 weeks to 4 months
485 - If u are from India or China and based on current situation for Eb2 it could take upto 4 years and 6-7 years for EB3. If you are from Rest of the world it would be 1-2 years.
However, if the SKIL bill passes, things could change and you could get the whole GC within 2 years or so.........Keep hopeful...that is what I am doing after 8 years on H1........with a MBA from a US University!!
In addition to what final GC said, you need at least 3 months before you file the PERM labor cert application to do all the prep work, advertise etc.
If your job falls under EB3 you are screwed no matter where you come from.
But since you will be getting a Master's degree, you can work on H1B for a year, then get a different job which falls under EB2. That way you would start your green card a year later, but you will be able to file 485 with 140 and you will get your green card much sooner.
Based on current stats,
LC - It will take about 4 months from the date you initiate your case with your lawyer
140- Eb2 or eb 3 will take from 4 weeks to 4 months
485 - If u are from India or China and based on current situation for Eb2 it could take upto 4 years and 6-7 years for EB3. If you are from Rest of the world it would be 1-2 years.
However, if the SKIL bill passes, things could change and you could get the whole GC within 2 years or so.........Keep hopeful...that is what I am doing after 8 years on H1........with a MBA from a US University!!
In addition to what final GC said, you need at least 3 months before you file the PERM labor cert application to do all the prep work, advertise etc.
If your job falls under EB3 you are screwed no matter where you come from.
But since you will be getting a Master's degree, you can work on H1B for a year, then get a different job which falls under EB2. That way you would start your green card a year later, but you will be able to file 485 with 140 and you will get your green card much sooner.
more...
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SDdesi
06-15 07:57 PM
WE are in the same situation. Even our company lawyers said the same thing i.e no risk. However, a lot of messages I have seen recommend switching to H4; but then she will have to stop working for some time.
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gene-O
10-20 05:27 PM
Hello! I'm on H1B, and my spouse is on H4. We received an ITIN for my spouse for our taxpaying needs. My spouse managed to get employed using the ITIN. We filed a joint tax return this year. We received a letter from SS administration saying "We cannot put these earnings on your Social Security record until the name and SSN reported agree with our records." My lawyer says: "your spouse is now barred from GC, because when she's worked for more than X amount of days she became OOS."
When the time will come for my employer to process my GC, what consequences will my spouse's unauthorised employment have on Her ability to receive a Greencard? What are the ways to rectify the situation? Appeals? Special provisions/clauses? Cost?
Thank you,
When the time will come for my employer to process my GC, what consequences will my spouse's unauthorised employment have on Her ability to receive a Greencard? What are the ways to rectify the situation? Appeals? Special provisions/clauses? Cost?
Thank you,
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RayP
12-14 01:16 AM
Partially in reply to Lazycis :
So, LAZYCIS, while you delayed to renew the EAD... you possibly were in US working on H1B. My situation is a little different, I am planning to leave the country for a year... so
1) Wanted to check if I can stay out of US for that long while AoS in pending...is there any such restriction that you can be away for only 2 months.
2) That potentially means I won't be getting paid in US... so no payroll for that much time, Is there any restriction on how many payslips I can miss.
Any help in this regard....
So, LAZYCIS, while you delayed to renew the EAD... you possibly were in US working on H1B. My situation is a little different, I am planning to leave the country for a year... so
1) Wanted to check if I can stay out of US for that long while AoS in pending...is there any such restriction that you can be away for only 2 months.
2) That potentially means I won't be getting paid in US... so no payroll for that much time, Is there any restriction on how many payslips I can miss.
Any help in this regard....
ursosweet
07-17 05:45 PM
one silly question. How weeks do we have in hand to file 485?
no you have until august 17, 2007.
see murthy.com
pk
no you have until august 17, 2007.
see murthy.com
pk
gcpadmavyuh
10-12 09:05 AM
The maximum time allowed on H1B is 6 years, this includes the time you spent on L1. This is the reason why you have been given H1B that is only valid for 1 year.
On a side note, the maximum time allowed on L1 is 5 years - you had to go back to India since you have spent the maximum allowable time on that visa.
Now, there are two ways to extend your stay beyond the initial 5/6 yrs granted on H1 or L1 visas.
1. For both L1 and H1Bs: Go back to your country (India) for 1 yr after your initial term expires. After 1 yr stay in your home country, you will be eligible for "another cycle" of L1/H1. So, for L1 you will get another 5 yrs, and H1B another 6 yrs.
2. Another way to extend your H1B is to start your Green card process (file your labor, and then your 140). Once your labor is pending for > 1 yr, or your 140 is approved, you will be eligible for 1 yr or 3 yr H1B extensions. This does not apply to L1s.
Here is what I would suggest for your case:
Best case scenario: Wait until your 1 yr clock resets, apply for fresh L1A (multi national manager). Once you are in the USA, convince your company to file for your green card in EB1 - multi national manager. The EB1 is almost always current, you can get your GC pretty soon.
This is the best case scenario that I can envision for you.
Alternatively,you can come back immediately on H1, apply for your PERM and 140, and then get unlimited extensions based on your GC being pending.
You can also wait until your 1 yr clock resets and then enter on H1 in Feb 2008, where by you might be able to claim 5 more years on H1B extensions ( a total of fresh 6 yrs on your current H1B). eventually, you will have to file for your PERM and 140 and then get extensions beyond the 6 yrs. I think you will need to file a petition with USCIS indicating the H1B clock reset.
Merely applying for L1A will not invalidate your H1. however, entering on L1A will invalidate your H1b (you can only hold one visa at a time - L1 or H1B). BTW... I guess you can not enter on L1 until you reset your 1 yr clock.
If I were you,I would seriously consider entering on L1A and then filing for EB1 GC. This is the quickest possible route for your GC. Unless, ofcourse, you do not want to be with the company for another year or so because your relationship with the employer is strained.
Dear experts.. Need your advise..
I stayed in US for full 5 years on L1-B. After 5 years period I applied for H1-B and returned to Inida on 1-Jan-07. And I got H1-B in lottery. Below are my queries
1) My I-797 says that its valid for only one year till October 2008. What could be the reason. (Because I stayed 5 years in US? )
2) So is it advisable to go to stamping after 1-Jan-08? Or can I go for stamping now? I don't want to be in a situtation where I'll b given Visa till Jan'08?
3) Now my company wants to apply for L1-A. What happens to my current H1-B if L1 is applied?
Assuming applying L1 is not going to be invalidate my H1 papers,
4) If I go for L1 stamping, will it invalidate my H1-B papers?
5) If I come to US on L1, is it possible to change status to H1?
Any help will be greatly appreciated.
On a side note, the maximum time allowed on L1 is 5 years - you had to go back to India since you have spent the maximum allowable time on that visa.
Now, there are two ways to extend your stay beyond the initial 5/6 yrs granted on H1 or L1 visas.
1. For both L1 and H1Bs: Go back to your country (India) for 1 yr after your initial term expires. After 1 yr stay in your home country, you will be eligible for "another cycle" of L1/H1. So, for L1 you will get another 5 yrs, and H1B another 6 yrs.
2. Another way to extend your H1B is to start your Green card process (file your labor, and then your 140). Once your labor is pending for > 1 yr, or your 140 is approved, you will be eligible for 1 yr or 3 yr H1B extensions. This does not apply to L1s.
Here is what I would suggest for your case:
Best case scenario: Wait until your 1 yr clock resets, apply for fresh L1A (multi national manager). Once you are in the USA, convince your company to file for your green card in EB1 - multi national manager. The EB1 is almost always current, you can get your GC pretty soon.
This is the best case scenario that I can envision for you.
Alternatively,you can come back immediately on H1, apply for your PERM and 140, and then get unlimited extensions based on your GC being pending.
You can also wait until your 1 yr clock resets and then enter on H1 in Feb 2008, where by you might be able to claim 5 more years on H1B extensions ( a total of fresh 6 yrs on your current H1B). eventually, you will have to file for your PERM and 140 and then get extensions beyond the 6 yrs. I think you will need to file a petition with USCIS indicating the H1B clock reset.
Merely applying for L1A will not invalidate your H1. however, entering on L1A will invalidate your H1b (you can only hold one visa at a time - L1 or H1B). BTW... I guess you can not enter on L1 until you reset your 1 yr clock.
If I were you,I would seriously consider entering on L1A and then filing for EB1 GC. This is the quickest possible route for your GC. Unless, ofcourse, you do not want to be with the company for another year or so because your relationship with the employer is strained.
Dear experts.. Need your advise..
I stayed in US for full 5 years on L1-B. After 5 years period I applied for H1-B and returned to Inida on 1-Jan-07. And I got H1-B in lottery. Below are my queries
1) My I-797 says that its valid for only one year till October 2008. What could be the reason. (Because I stayed 5 years in US? )
2) So is it advisable to go to stamping after 1-Jan-08? Or can I go for stamping now? I don't want to be in a situtation where I'll b given Visa till Jan'08?
3) Now my company wants to apply for L1-A. What happens to my current H1-B if L1 is applied?
Assuming applying L1 is not going to be invalidate my H1 papers,
4) If I go for L1 stamping, will it invalidate my H1-B papers?
5) If I come to US on L1, is it possible to change status to H1?
Any help will be greatly appreciated.
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