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I would recommend to extend H1-B, if the employer is paying for it. Extended travel on AP is tricky, but its not an issue with H1-B. If there is no extended travel plans (e.g. Working for three months from another country, or 3 month leave spent in another country etc), then there is no advantage to have H1-B.

An interesting question may be, if this will count towards the lifetime cap of 12 years of H1B? That I don't know.

--Parag

On July 20, I got an RFE for my employer's 2006 ITR. They are taking forever to subnit the document. How much time are we given to submit the evidence. How many days?

Confirmation Number: 56Y67421A1299244L.

thank you

Yes. If the company financials are problem, you may have the same problem with EB3. I suggest, get paid consultation from some reputed lawyers.



Refile as what lawyer says, get new H1. That will give you some breathing room. If you see that current financial problem may jeopardize the new GC process as well, then you should switch over.

I assume this lawyer is hired by the company. So he will never advise you to make a move. It is you who have to look at all the options and see if it makes sense.

Hi

I would suggest you to go with employer B and get the EVL from them and sunbit to USCIS.
if possible delay H1B filing from employer C if you can
I also strogly suggest you to talk to an experienced attorney who has experience with AC21 like Murthy , khanna etc.. and respond to the RFE .

Hope this helps

Redds

Someone please help...I have a limited time to respond to this and would be great to hear from someone who received similar RFE and responded.

Check out this website. It has all the information we all want:

http://www.visataxes.com/

Not true. TX doesnt have state income tax but still allows H1 and H4 visa holders in state tuition after 1 yr of residence.
Thanks


AFAIK States that do not have state income tax do not let H4 visa holders pay instate and make Green Card as a requirement for instate qualification.

WA state is a good example of the above situation. I don't know about TX,FL,SD,NV,AK,WY which also do not have state income taxes. You might want to look at the instate qualification website for the state you are interested in.

MD doesn't allow instate

DC has no instate concept at all :)

VA,NY,CA,MA,IL allow instate as of my knowledge.

Thank you my_gc_wait and amitkhare77 for your suggestions.

One last question to amitkhare77, how long did it take after you joined your new employer to file EB2.

I won't be surprised if they pull a quick July 07 or something on those lines to collect more money for filing and renewal of EAD/ AP

Thanks Immigration Voice Team for all ur hardwork and dedication. You guys rock, man. Appreciate QGA for working with us and hope they keep up the same spirit till this bill passes into law ;)



Thanks to IV core members, QGA, senators and their staff.
Kudos to Immigration Voice!

I didn't fill G28 form.
Filed by employer(Attorney is employer for Company) Is it o.k. without filling G28 form??
Thanks

I thought even though you are a Indian Citizen, if you are already working in US, you can go to the Canada and apply from US Embassy in Vancouver or in Toronto. The wait times are really short, you can get an appoinment in less than 2 weeks.

1. It could be a H1 extension revalidation
2. H4 to h1 Visa stamping.


I have heard folks do it before. I have not done it myself, so cannot vouch for it though.

THis may be a cheaper alternative than going to India.

Once i use my EAD can i work accepting 10/99 (contractor) with same or some other employer I am on H1b

Can my wife work as contractor she is on H4

Your 180 days start from the day your I-94 expired. And yes, 2 weeks or 4 weeks over stay will make a difference. Next time when you enter the country or at the Visa office they might ask you the reason.

You did nit clarify if your partner is a US citizen, PR or visa holder. That might help in giving you some additional advise.

He's American. I am aware that they will ask about that but I just want to make it clear that I'm facing a 3 year ban after overstaying the 180 days after my I94 expiration date (so the end of July in my case).

Story 2

Imagine this. You are old. You are talking to your grandson in your native tongue about the need to utilize an opportunity when it presents itself. You say to him, who is listening with great interest.

"You should always look out for opportunities for it does not present itself explicitly except very few times. When you see it, you should grab it and use it for your to benefit from it.

I will tell you about some things that happened in my life so you can relate to it. I had this dream of settling in America. I had good job, good pay, nice family and generally a pleasant life.

After a few years, I liked the way of life and wanted it to continue forever. But I could not continue this unless I get this thing called greencard, which let me stay for as long as I wanted and work anywhere I wanted. In those days due to many reasons and problems it was very difficult to get one. But I was patient and kept waiting.

There were a group of people who wanted to get together and solve the problems so that the wait time is eliminated. They knew how to get a solution to my problems of getting the greencard sooner. But they needed help from everyone like me so that we could get solve our problems.

At one point, they wanted people like me to go to the capital and talk to different people who had the power to solve our problems. This would help them understand the issues faced by people like me and help address them.

But at that time, I had other things to do and knew that there are others who would chip in and work together and solve this problem.

But then I realized, this green card was very dear to me and I had waited patiently to get it. If I do not work towards something that I wanted, who would?

So I participated completely and did as much as I could to help myself. Our group suceeded and I got my green card. I could continue living the life and dream I wanted.

When I think back about what went right, I realize now that the reason is I saw the opportunity that presented itself to me - To join others and work together to resolve my problems and grabbed the opportunity and utilized it to my benefit.

Thinking back, it was actually a no brainer. Once I realized that if I did not do something, nothing was going to change, I started participating. I guess others also thought of it the same way.

So there was a big crowd in the capital and we explained our problems. It was a sizable number of people explaining the problems. Others who could not make it to the capital contributed in other ways for the event.

So our problems were recognized and addressed. I got my greencard and later citizenship of this great country. Remember, it was not an easy journey, but once I decided to participate and resolve the problems, it became easy.

It was a pain to wait for my green card. But once I started participating and working towards the solution and I guess others must have also thought similarly, I was able to get what I wanted.

So realize this. Always look for opportunity. When it presents itself, grab it and use it and do what is necessary to reap the benefits. You will not regret it."

Which of the above stories do you want to be in?

Be active. Participate.

One more question. Does a person with EAD (I-766) considered a permanent legal resident? The reason why i asked is because i was filling out a form to open a Scottrade account, i was stumped on this question, so i thought i asked someone here to verify.
Thanks for answering.

A lot of folks are planning to leave the original sponsor after 180 days. My question is, is there any harm in quitting after 6 months as compared to say 9 months or a year? Would USCIS look infavorably on my application if I quit as soon as the AC21 can kick in? Would quitting after a few more months be any better?

Thanks in advance

There are a lot of IV members whose labor is not approved yet (like me) or did not have their 140 filed as of May 15.

I got my H4 stamped first and then applied for H1 while in India. Travelled to US on H4. This is the reason why I cannot work in US without stamping.

I am not too sure if USCIS would ask questions when I apply for h1B again in future through another company, about my not using my previous H1 aprooval for working in US.

What is the validity on the H1 ? Did you get this H1 before you got H4 stamped and before landing in USA on H4 ?

It is not possible to get the stamping on company "B" if you have H1 from company "A".



You can get the stamping done overseas based on the current H1. You can enter US based on that stamping. You are expected to work for that company to transfer teh H1 to a different company. You will be asked to send at least one pay stub (more some times in case of RFE) with your transfer application.

I had dream last night, part of which I still remember.

As usual in the evening I went to check my mails and found a mail from USCIS. I opened with surprise , preparing myself mentally , which document would they be requesting now. and.......
I screamed in excitement , it was my greencard. I was shocked, and now I was thinking what can I do with the greencard, I thought I should change my jobs which I always wanted, as my job sucks, but realizing that after a month I am going to retire so, dropped that idea and then I started thinking what else I wanted to do when I'll get my GC, and told my wife the idea of now buying the house, but she told me that as you are going to retire next month lets go back to india and the savings that we are left with after paying the taxes , social security and immigration attorneys, will buy a 2 bedroom apartment in India only.
I asked her what about travelling to Europe that you always wanted, but which we never did for the reason, that what if there will be an issue on travelling with AP,but she told me with my blood pressure and and her arthiritis, it won't be possible.

And then..... I started thinking what I lost in the race to get the GC and what I am left after getting the GC. Sadly threw the GC in the trash and again started browsing the forums on immigrationvoice.org. As after these many years,browsing IV forums became my habit.

And then the alarm woke me up and as usual I started to get ready to spend another day in Paradise, in the country of DREAMS.

Yes, if the I-140 has been approved, your brother is entitled to use the 2007 PD on any subsequent I-140.