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Gurus,
I have completed 4 years on H1B and I converted to L2 status and applied for EAD(feb'10) thru my Spouse's L1 Visa.

My GC is in process and not filed my I-485 yet.

Now my question is, as if i stay L2 for 1 year and if i convert it back to H1B, will my H1 term Start all over and will i get additional 6 year term? Please provide your feedback

Thanks

No, you can get only remainder of 6 years (on H-1B) and you are not subject to cap either. One must be physically present outside the US for 365 days to reset clock for H-1B. However, in that case, beneficiary is subject to H-1B cap as well.

Time spent on H4 or L2 does not count towards 6 years for H-1B.

As per 8 CFR 214.2(h) (13) (i) (B)
When an alien in an H classification has spent the maximum allowable period of stay in the United States, a new petition under sections 101(a)(15)(H) or (L) of the Act may not be approved unless that alien has resided and been physically present outside the United States, except for brief trips for business or pleasure, for the time limit imposed on the particular H classification. Brief trips to the United States for business or pleasure during the required time abroad are not interruptive, but do not count towards fulfillment of the required time abroad



________________
Not a legal advice.

You will be called for interview at your local USCIS office in 6-12 weeks. Nothing to worry. Check this http://www..com/discussion-forums/i485-1/4343221/

Sorry for the delay in keeping this up-to-date :) I'll have yours added up shortly!

Via The Economic Times (http://economictimes.indiatimes.com/news/news-by-industry/services/travel/visa-power/us-violated-gats-by-increasing-h1b-l1-visa-fee/articleshow/7232740.cms)

An article in the Economic Times discusses the findings of a think-tank which indicated that the United States may have violated its obligations unde the General Agreement on Trade in Services (GATS) by the newly implemented H and L fee increase for certain US Petitioners, "As a result, a WTO Member whose companies use H-1B and L-1 visas to perform services in the United States may challenge this provision at the World Trade Organization."

Read article (http://economictimes.indiatimes.com/news/news-by-industry/services/travel/visa-power/us-violated-gats-by-increasing-h1b-l1-visa-fee/articleshow/7232740.cms)


More... (http://ashwinsharma.com/2011/01/13/us-violated-gats-by-increasing-h1b-l1-visa-fee---via-the-economic-times.aspx?ref=rss)

Added a new SG.

The left is less bright to dim the whole thing down a bit...

Good Read

http://www.nfap.com/pdf/1003h1b.pdf

EB 3 India..PD 03/24/2006. EAD approved-10/28/07; AP-01/09 , also same for the derivatives too..I-140 approved 09/13/2007, Also FP done..in OCT.

any update when can we get GC.

I voted for grinch becuase his second image was amazing!
But this was a tough battle, great job guys

Legalese for "We have no clue what is going on. Please bear with us for the next decade while we figure it out."

fionaapple20: Safest and clean route is to find an another employer and transfer H1B. Make sure your current employer does not revoke your 140, in case if its not approved. Additionally, it is highly recommended to invoke AC21 after your 140 is approved and 180 days passed.

way to go chandu.! We all will be there tomorrow.!

great - see you there

Everyone to DC

LOUD AND CLEAR

Everyone to DC

I got my receipt number for H1b application and its been more than a week but i still cannot check my status online on USCIS website.

It says case is not found ,even tried calling customer service .

Does it take time to get uploaded online ?
Did anyone else face this problem

I am not getting any information from my employer.
Is there any other way we can find out if USCIS accepted my application.

could some one please help me in this

Thanks

thanks C:-)

I have an idea. We can make following proposal to lawmakers....

In next 2 years they can sunset EB3 catagory. In exchange for that they will give visa numbers enough for everyone whose EB3 485 is pending or in pipeline(labor, 140)

What you guys think of this idea?

Anyways there are lot of people who just want to keep EB1 and EB2 catagories. We may get support from them with this proposal......

i dunno abt May 2001. But here is the prediction for Eb3 India being current.
..
...
.....

NEVER!! :p

Hello all, I am so impressed to see so many supports for the immigration bill. We all wish ourselves luck. :)

I have few questions regarding the H1B visa renewal. I hope someone who can kindly answer them.

Background - I got my H1B visa in about 2003, and I got married in Oct 2005. However, I am not able to claim my husband for the H4 visa. He is an undocumented immigrant in the U.S. for more than 10 years. So my lawyer told me that I could only help him to get greencard when I become a citizen. So I have the following questions :

When I do my first time H1B visa renewal, will my new Marriage status disturb me to get the H1B renewal? should I just simply fill in the form saying I am "SINGLE" and not tell the consulate? Will the consulate know?

Thanks for all the great help. Let's hope each of us good luck on the petition.

I am waiting for my EAD receipt and also my I-140 is not cleared yet.

I have to travel india immediately on an emergency and my attorney says that I can very much travel to India on my H1-B visa.

I was quiet surprised to hear that from my attorney as I was under the impression that it is not safe to travel outside US until my EAD is approved.

Please suggest..

Any comments?

your brother have 2 year left in his engg , ask him to keep these prrof and if possible letter from collage .

he should be okay .

Friends,

I am currently working at a systems company based on my EAD (H1 has expired). PD is Jun 2006.
I intend to marry a woman who is currently on F1 visa. I would like to know if there are any pitfalls from immigration point of view.

I understand that she can get an EAD only when my PD becomes current.
Can she file her I-485 petition based on my approved I-140? If yes, would she continue in F1 status (or what will her status be?).

Any other potential pitfalls in this particular scenario?

Any pointers would be useful.

Thanks in advance.
MC

I don't think your lawyer knows what he's talking about. All you need is your I-140 receipt. I applied for my wife on July 2 and used my I-140 approval notice. Did not even include the I-485 notice as the instructions did not ask for it. The simple solution is to go online and download the official instructions and figure out for yourself.

I got myself in somewhat of a mess here and wondering if there is any solution?

I filed for my I-485 on June 28th and it reached UCSIS on 2nd July. I wasn't able to do the same for my wife as she was in India at that time.

She is back now and I want to file her I-485 but my lawyer tells me I can not do that because it either needs to be filed concurrently with mine or they need to have a receipt for my I-485 which doesn't seem to be coming in the next few weeks.

Is there anything else I can do? Anyone has similar experiences? Will a copy of my I-485 filing do?

Thanks.