sc09876
07-29 09:55 AM
Hi,
Can the work experience without H1B be countable when you apply for I140 (EB2, BS + 5yrs ) ?
I kept my part time job about 3 yrs while I was working as a full timer at other companies. But the problem is I was getting paid but didn't file H1B as a part timer. I know that I should have filed for H1B but I just had a H1B as a full timer with my other company. If I can count my part time work experience ( 3yrs part time / 2 = 1.5 yrs as full time) along with my full time experience (3.7 yrs), It exceeds 5 yrs of related work experience that requires for EB2.
Thanks, dbn
To be working on part time while on H1-B for an employer that is not the one who sponsored your H1-B is not legal. Please refer to a heated discussion currently under way in the Away-Qxter discussion topic.
Can the work experience without H1B be countable when you apply for I140 (EB2, BS + 5yrs ) ?
I kept my part time job about 3 yrs while I was working as a full timer at other companies. But the problem is I was getting paid but didn't file H1B as a part timer. I know that I should have filed for H1B but I just had a H1B as a full timer with my other company. If I can count my part time work experience ( 3yrs part time / 2 = 1.5 yrs as full time) along with my full time experience (3.7 yrs), It exceeds 5 yrs of related work experience that requires for EB2.
Thanks, dbn
To be working on part time while on H1-B for an employer that is not the one who sponsored your H1-B is not legal. Please refer to a heated discussion currently under way in the Away-Qxter discussion topic.
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adsxvii
01-04 08:41 PM
I moved to US in 1987 got a 2 year conditional residence green card sponsored by my step father. Once the 2 years were met the new forms were submitted but I believe were a couple of days late. At the time I was 19. I remember vaguely remember it but we took the paperwork into the office.
So I waited and waited at an address shared with 2 college roommates and no new green card came. I thought maybe it came and someone had mistakenly through it away. No notice was sent to my mother's house for me to leave.
Well I never really bothered with it till more recently. I didn't work I had ID so other than violating the fact I didn't "carry" my green card everywhere I went, I thought i was perfectly legal.
In 1993 my mother passed away(still married to stepfather).
So about six months ago I decided to file an I-90 for a new card because I wanted to travel out of the US. They sent me an appointment for biometrics. I went to that and figured it was a done deal. Then they sent me a card that expired in 1989, explaining that I had filed the wrong form and needed to file like the I-751. Also they let me know that they would keep the fees for the wrong filing(the least of my worries).
So I briefly looked over this I-751 and basically I think I have to prove that my mother was married to my stepfather for the required time. First I barely remember his name, have no idea where they were married. Just looking for some help on this situation. Not really sure what to do.
I have an appointment on Monday with an immigration attorney. They ran my alien number for me and no action of deportation has been started. So I guess that is a good sign.
I have been here almost 21 years now and I like it here I want to stay :P
I'm from England btw not that this is a big deal just thought I would mention it.
Thanks in advance for any help.
So I waited and waited at an address shared with 2 college roommates and no new green card came. I thought maybe it came and someone had mistakenly through it away. No notice was sent to my mother's house for me to leave.
Well I never really bothered with it till more recently. I didn't work I had ID so other than violating the fact I didn't "carry" my green card everywhere I went, I thought i was perfectly legal.
In 1993 my mother passed away(still married to stepfather).
So about six months ago I decided to file an I-90 for a new card because I wanted to travel out of the US. They sent me an appointment for biometrics. I went to that and figured it was a done deal. Then they sent me a card that expired in 1989, explaining that I had filed the wrong form and needed to file like the I-751. Also they let me know that they would keep the fees for the wrong filing(the least of my worries).
So I briefly looked over this I-751 and basically I think I have to prove that my mother was married to my stepfather for the required time. First I barely remember his name, have no idea where they were married. Just looking for some help on this situation. Not really sure what to do.
I have an appointment on Monday with an immigration attorney. They ran my alien number for me and no action of deportation has been started. So I guess that is a good sign.
I have been here almost 21 years now and I like it here I want to stay :P
I'm from England btw not that this is a big deal just thought I would mention it.
Thanks in advance for any help.
gckidhamal
10-01 04:56 PM
I am over here to seek some guidance for my brother.
My brother has completed his degree in Physiotherapist from India and now he is planning to come to states for his higher education.
Experience physiotherapist who already went through this process please help us to understand�
The immigration process for the Physiotherapist.
Is it tough to get H1 visa for Physiotherapist now a day after completion of masters from U.S?
How is the job market for Physiotherapist?
What is the approximate pay rate for Physiotherapist?
If you think the information is posted somewhere please guide me to that link and accept my sorry.
My brother has completed his degree in Physiotherapist from India and now he is planning to come to states for his higher education.
Experience physiotherapist who already went through this process please help us to understand�
The immigration process for the Physiotherapist.
Is it tough to get H1 visa for Physiotherapist now a day after completion of masters from U.S?
How is the job market for Physiotherapist?
What is the approximate pay rate for Physiotherapist?
If you think the information is posted somewhere please guide me to that link and accept my sorry.
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gnutin
05-17 03:16 PM
Short answer: No.
However, that said, you could have multiple H1 visas and work full-time for one and part-time for the other, as long as the first one doesn't have a problem with it :-)
If you get paid for work in the home country, there may be complications. One being that you'll still be taxed in the US. Consult a good Immigration attorney and a good CPA before doing anything like this.
However, that said, you could have multiple H1 visas and work full-time for one and part-time for the other, as long as the first one doesn't have a problem with it :-)
If you get paid for work in the home country, there may be complications. One being that you'll still be taxed in the US. Consult a good Immigration attorney and a good CPA before doing anything like this.
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mk26
07-14 08:26 AM
I have approved I-140 with PD MAY07 awaiting date to be current to file I485, now my company is moving to a new address,
Can anyone please tell me what will be the impact on my GC process and what I need to do? Appreciate your help on this.
Can anyone please tell me what will be the impact on my GC process and what I need to do? Appreciate your help on this.
ss12345
05-06 01:45 PM
Thanks for doing this service which helps many ppl's lives.
My employer applied for H1 extn last year (sept'08) and after my project ended in Nov'08, I left to home country in Dec'08 (I-94 expired)and I recently came back on H4. I heardfrom my employer that I got an RFE asking client letter and due date was May 4th. He did not respond since I didn't have project. Now I am in the process of project confirmation, and I have to be on H1 to start working again,
1) Do I have to apply for new H1 (non-cap) or just apply for H4 to H1 COS or both? if 'both' then can I apply both in one package under PP? Can I start working on receiving receipt number?
2) Can I apply H1 with the same employer, will there be a problem since he did not respond to RFE before? or can I apply for H1 transfer to a different employer using the previous H1 receipt number(is the receipt number still valid) or apply for new non-cap H1?
My employer applied for H1 extn last year (sept'08) and after my project ended in Nov'08, I left to home country in Dec'08 (I-94 expired)and I recently came back on H4. I heardfrom my employer that I got an RFE asking client letter and due date was May 4th. He did not respond since I didn't have project. Now I am in the process of project confirmation, and I have to be on H1 to start working again,
1) Do I have to apply for new H1 (non-cap) or just apply for H4 to H1 COS or both? if 'both' then can I apply both in one package under PP? Can I start working on receiving receipt number?
2) Can I apply H1 with the same employer, will there be a problem since he did not respond to RFE before? or can I apply for H1 transfer to a different employer using the previous H1 receipt number(is the receipt number still valid) or apply for new non-cap H1?
more...
maxy
11-10 09:13 AM
Thanks for your reply.
I thought by using EAD i will save my 6 months on H, incase anything goes wrong with 485 i still hv 6 months on H left.
looks like its a grey area .... will differ it to opinion from any lawyers.
I thought by using EAD i will save my 6 months on H, incase anything goes wrong with 485 i still hv 6 months on H left.
looks like its a grey area .... will differ it to opinion from any lawyers.
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shanky555
05-09 11:39 AM
Thank you so much for the response
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arnab221
12-20 07:56 PM
With full due respect to the extremely hard IIT JEE and the brilliance of the students that make it to the IIT , the reason that only 3500 make it from over 150,000 is because of India's staggering population and staggering student numbers . The US has less than a third of US's population and hence Harvard accepts 10% . It is simple math.
I feel that just because a person could not crack a question in IIT JEE and gets rejected makes him any less smarter than the ones who make it given the small number of seats that used to be sometime back .
It is good that ye government has now opened a lot more IIT's and IIM's so that more people can get the privilege of going into these elite institutionalism , the ones who missed the Institution because they could not crack one question in the JEE .
I feel that just because a person could not crack a question in IIT JEE and gets rejected makes him any less smarter than the ones who make it given the small number of seats that used to be sometime back .
It is good that ye government has now opened a lot more IIT's and IIM's so that more people can get the privilege of going into these elite institutionalism , the ones who missed the Institution because they could not crack one question in the JEE .
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brahmam
05-15 02:11 AM
If your I-140 gets approved when you are already in the sixth year, can you still seek the 3 year extension?
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scoldme
04-26 10:01 AM
Thanks a lot CRAZYMONK :D
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glus
01-06 08:13 AM
You should speak to an immigration attorney. That's the best I can tell. False claiming to be a U.S. Citizen can lead to a permanent inadmissibility to the US. As such, it is a serious matter and should be discussed with an attorney.
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upuaut
08-29 02:08 AM
sorry man.. I don't have anything for you. If I were doing it I'd opt to try to create the maze in Flash, using a/s created lines.. but that's not much help to you.
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muni_k
02-25 03:53 PM
My company filed for PERM in September4,2007.Audited in October.reply was filed first week of November.Still no word on the PERM processing.My H1B visa expires June 30,2008.I have spent app. 7 weeks out of USA in the last six years.if I take a 3 week vacation out of the country can I extend my h1b visa to say September 15,2008(it will be 10 weeks total).And then be eligible for the 365 day rule for H1b extension.please reply.don't see too many options right now.
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piyu7444
03-16 12:05 AM
Myself(Husband) & mywife both came on H1B from same employer.
My son got H4 visa through my wife H1B visa.
I (Husband) applied for green card and got EAD for myself & mywife , got Advance parole for myself, mywife & myson and are in 485 pending AOS status,
My Wife is taking permanent job with EAD (EAD is through my Greencard process)
If employer cancels my wife H1B she will come to EAD status.
I am not sure what will be the status of my son who is currently on H4 visa through my wife H1B visa.
My son got Advance Parole and 485 pending status through my green card.
Do I need to apply for H4 visa for my son or will my son be ok on pending AOS status ?
His status is AOS. Unless a decision is made on your GC he needs no other visa or documentation to be in USA. If your GC application gets denied (Should not happen ever) then you lose AOS and you will have to talk to an attorney to see how long you can be in US - for the sake of filing an MTR etc.
Once a person files for 485 and application is pending a decision they can be in US without a VISA. If you travel outta US and needs re-entry that could be done useing AP. Hope this helps........
My son got H4 visa through my wife H1B visa.
I (Husband) applied for green card and got EAD for myself & mywife , got Advance parole for myself, mywife & myson and are in 485 pending AOS status,
My Wife is taking permanent job with EAD (EAD is through my Greencard process)
If employer cancels my wife H1B she will come to EAD status.
I am not sure what will be the status of my son who is currently on H4 visa through my wife H1B visa.
My son got Advance Parole and 485 pending status through my green card.
Do I need to apply for H4 visa for my son or will my son be ok on pending AOS status ?
His status is AOS. Unless a decision is made on your GC he needs no other visa or documentation to be in USA. If your GC application gets denied (Should not happen ever) then you lose AOS and you will have to talk to an attorney to see how long you can be in US - for the sake of filing an MTR etc.
Once a person files for 485 and application is pending a decision they can be in US without a VISA. If you travel outta US and needs re-entry that could be done useing AP. Hope this helps........
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reachinus
03-14 06:56 PM
No it cannot be used as its already expired. You will need a new employer for filing a new h1.
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vban2007
05-22 03:57 PM
AP is not expired, submitted for renewal
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pranavgandhi
04-23 08:07 PM
How employee can retain PD in case of I140 is approved and employee change jobs?
Would like to know more on procedure also.
Is there any impact if Employer revokes I140 after employee leaves company?
Would like to know more on procedure also.
Is there any impact if Employer revokes I140 after employee leaves company?
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vicky123
04-15 02:41 PM
I am a resident physician on h1b visa which is expiring on 6-30-2010 . I am in process of applying for H1B extension for my fellowship. My wife is on H4 visa (expiring in 3-20-2013 since she got 5 yr multiple visa). Recently she visited Kuwait and on her re-entry she was given entry (on her I94) up to 3-15-2013 (up to 5 days prior to her visa expiration). Will she also need extension in this case along with my extension or can she stay in US till 2013 with out extension Thanks.
gc_check
06-25 07:01 AM
Also in NC, the DMV rules are changes to issue DL untill the Visa Stamp validity in PP, This will be an issue, if you extended your H1, but no valid visa in PP. Would recommend getting this done via internet.
Ann Ruben
08-15 10:34 AM
Most likely, a clerical mistake of some kind was made. Your wife should call the National Customer Service Center to start the inquiry process.