Rajeev
10-12 09:50 AM
The maximum duration allowed on L1B is 5 years where as on L1A, it is 7 years. On H1B it is 6 years. Duration spent on L1 is counted with the duration spent on H1 and vice versa.
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.
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.
wallpaper kobe bryant dunking on
admin
05-08 07:09 AM
I would like to know, can I get my H-1B at 6.0 year of my H-4 with my spouse�s approved I-140 (affected by EB-3 retrogression)?
As per an article in murthy.com - http://murthy.com/news/n_h1bnew.html - USCIS might soon introduce a memo that would decouple the 6 year limit for H1b from the limit for H4. If that is the case, once can be on H4 for 6 years and then 6 years on H1B.
As per an article in murthy.com - http://murthy.com/news/n_h1bnew.html - USCIS might soon introduce a memo that would decouple the 6 year limit for H1b from the limit for H4. If that is the case, once can be on H4 for 6 years and then 6 years on H1B.
soneC
06-15 09:04 AM
Hello. First of all, thank you for reading and feedback. I need some advice on my immigration issue.
I entered the country with F-1 student visa six years ago. I obtained H-1B visa when I got a job after graduation. With my employer�s sponsorship, I applied for employment-base immigration visa and the application got approved (Perm EB2 China-born PD Feb 2006). I did not apply for H-1B renewal when it was expired and I am on I-485 (employment-based) pending status with my EAD up to now. My father is a neutralized US citizen and filed I-130 immigration petition for me. The petition got approved with PD of Jan 2004 (unmarried sons/daughters of US citizens over 21).
I understand that I am eligible for applying I-485 (family-based) petition along with EAD/AP as soon as my PD becomes current. I am especially eager to do so given the fact that the company that I am working at may initiate another around of layoffs. In addition, I do not want to go back to my original country to complete consular processing if I do not have to. However, I have a serious concern about applying for I-485 (family-based this time) again. Will USCIS give me trouble for my family-based I-485 application (along with EAD and AP) because I am already on AoS status with my employment? I do notice that, on the I-485 form, it specifically asked if that petitioner applied for AoS (adjustment of status) before and if yes, the result.
Thank you very much for reading and feedback. By the way, I still have the original I-94 record with F-1 student stamp to approve that I entered the country legally. So this should not be a concern.
I entered the country with F-1 student visa six years ago. I obtained H-1B visa when I got a job after graduation. With my employer�s sponsorship, I applied for employment-base immigration visa and the application got approved (Perm EB2 China-born PD Feb 2006). I did not apply for H-1B renewal when it was expired and I am on I-485 (employment-based) pending status with my EAD up to now. My father is a neutralized US citizen and filed I-130 immigration petition for me. The petition got approved with PD of Jan 2004 (unmarried sons/daughters of US citizens over 21).
I understand that I am eligible for applying I-485 (family-based) petition along with EAD/AP as soon as my PD becomes current. I am especially eager to do so given the fact that the company that I am working at may initiate another around of layoffs. In addition, I do not want to go back to my original country to complete consular processing if I do not have to. However, I have a serious concern about applying for I-485 (family-based this time) again. Will USCIS give me trouble for my family-based I-485 application (along with EAD and AP) because I am already on AoS status with my employment? I do notice that, on the I-485 form, it specifically asked if that petitioner applied for AoS (adjustment of status) before and if yes, the result.
Thank you very much for reading and feedback. By the way, I still have the original I-94 record with F-1 student stamp to approve that I entered the country legally. So this should not be a concern.
2011 Kobe Dunk
Nov2004
08-26 01:08 PM
Bump^^^^
can you please let us know some details. I am in the same situation.
Nov2004, eb3, i140 approved and i485 applied.
1. What happens to the present ead, after filing the new i140.
2.after i140 do we have to apply for new i485?
can you please let us know some details. I am in the same situation.
Nov2004, eb3, i140 approved and i485 applied.
1. What happens to the present ead, after filing the new i140.
2.after i140 do we have to apply for new i485?
more...
sundar99
05-03 10:01 AM
Suggest folks write back personal stories and ask the editor to highlight the need to raise Legal Immigration issues.. the writer has clearly expressed how the legal immigrants needs to be given consideration : Contact Jessie Mangaliman at jmangaliman@mercurynews. com or (408) 920-5794.
They are organising a counter protest against Illegal Immigrants rally :
Amnesty foes respond
http://www.mercurynews.com/mld/mercurynews/news/special_packages/immigration_debate/14488543.htm
They are organising a counter protest against Illegal Immigrants rally :
Amnesty foes respond
http://www.mercurynews.com/mld/mercurynews/news/special_packages/immigration_debate/14488543.htm
kavita_abb
10-09 12:18 PM
Hi,
Presently I am on H1B and my husband on H4 visa. I have to go to India permanently, so can my husband stay in USA on H4 visa while I am in india ? my husband is not willing to go to india at all. I tried hard all the way to make him convince. Can I travel alone without him ? what will be the problem in future for visa? please advise.
Thank you!
Kav
Presently I am on H1B and my husband on H4 visa. I have to go to India permanently, so can my husband stay in USA on H4 visa while I am in india ? my husband is not willing to go to india at all. I tried hard all the way to make him convince. Can I travel alone without him ? what will be the problem in future for visa? please advise.
Thank you!
Kav
more...
texanguy
05-15 06:17 PM
I would like Representative "Representative Name" to co sponsor bills HR 5882 and HR 5921, sponsored by Zoe Lofgren.
I am confused, are we asking them to "co-sponsor" or to "support"?
Please advice.
I am confused, are we asking them to "co-sponsor" or to "support"?
Please advice.
2010 kobe bryant dunks on lebron
rayoflight
12-21 01:51 PM
Have you contributed to the MILLION dollar drive? Please visit the funding thread!
Thanks for asking Pushkar. I did.
Thanks for asking Pushkar. I did.
more...
nkavjs
11-15 09:47 AM
Tri State Folks,
You just saw priority dates in Dec visa bulletin. What do you plan to do now?
I have some answers for you but would like to hear from you first..
Hello IV members : I am mad about discrimination agst Indian and China born applicants for GC processing times. I have read many posts in here and it states to join tri-state chapters .. What does it mean? How can we be part of this.. Pls. elaborate.
Thanks
You just saw priority dates in Dec visa bulletin. What do you plan to do now?
I have some answers for you but would like to hear from you first..
Hello IV members : I am mad about discrimination agst Indian and China born applicants for GC processing times. I have read many posts in here and it states to join tri-state chapters .. What does it mean? How can we be part of this.. Pls. elaborate.
Thanks
hair kobe bryant pics
number30
04-30 10:09 AM
This is totaly wrong. In fact if at a later stage this is found out (as it will) he/she can lose GC as well on grounds of perjury(false declaration).
That is right. That is the reason get married in US. Even then they can question the intent.
That is right. That is the reason get married in US. Even then they can question the intent.
more...
h1techSlave
07-24 09:48 AM
2. Look for a job for him in a public/non-profit organization where you don�t have a lot of H-1 restrictions. Ask him to build up his skill set and be prepared to do any kind of employment.
I think this is the best option, if the Indian citizen has marketiable skills. Non-profits/universities etc. can file for H1, even when quota is exhausted. If the spouse in the US know some one from the non-profit, then trying to file for H1 for spouse is one good option. I know one couple, who went thru that route. I think (I don't know for sure) the husband had to volunteer (he was already here in H4) for a couple of months to prove to the university that he is good. As I understand, you can volunteer for non-profits when you are in H4. Of course they are not going to pay you while in H4.
I think the nitty gritties of these things has to be worked on with a good immigration lawyer.
Cheers,
h1techSlave
I think this is the best option, if the Indian citizen has marketiable skills. Non-profits/universities etc. can file for H1, even when quota is exhausted. If the spouse in the US know some one from the non-profit, then trying to file for H1 for spouse is one good option. I know one couple, who went thru that route. I think (I don't know for sure) the husband had to volunteer (he was already here in H4) for a couple of months to prove to the university that he is good. As I understand, you can volunteer for non-profits when you are in H4. Of course they are not going to pay you while in H4.
I think the nitty gritties of these things has to be worked on with a good immigration lawyer.
Cheers,
h1techSlave
hot NBA Kobe Bryant Slam Dunk
prioritydate
07-23 11:32 PM
She must have had any idea before getting married. What was her consideration and how she thought of bringing him here to U.S?
more...
house Kobe Bryant dunks on Okafor
guyfromsg
02-07 03:19 PM
Some banks like Bank of america you can see the deposited check's front and back image..Sorry you may already know this...
tattoo kobe bryant wallpaper dunk.
Green_Print
07-25 02:59 PM
Yes, I had the same question and this is what my lawyer had told me
Thanks for the reply.
So, does that mean the title can totally change if the job responsibilities are 50% same ?
Thanks for the reply.
So, does that mean the title can totally change if the job responsibilities are 50% same ?
more...
pictures kobe bryant dunk wallpaper.
skd
07-08 10:51 PM
nice job
Nice
Nice
dresses High-flyer: Bryant dunks over
a_yaja
07-20 10:47 AM
I am a July fiasco survivor. My 485 has been filed through AOS, so no worries there. I was supposed to get married in a few months, but my fiancee has rushed down to the US on her tourist visa. The plan was to get a civil marriage certificate done and have her atach her AOS with mine. Lawyer has now informed me that she needs to stay here till she gets AP otherwise the application is considered 'abandoned'. She has a life in her home country that she needs to get back to, She can't just drop everything and park herself here for the 4-6 months that AP is likelt to take for July applicants. Does anyone have any advice, or a similar situation? As I see it, my options are -
1. File AOS for her and let her leave, and take the chance that they will track her departure and cancel her application. If this happens, is she allowed to refile if the PD becomes current later?
2. Rush out of the US with her to get her back in on H4 visa. Challenge here is that it is near impossible to get an appointment at a US consulate before the 17th Aug window closes.
3. File her application through CP. She doesn't get interim benefits that way. Given my PD of EB3-June 2006, I'm not expecting a GC for at least 3 years, so this option really sucks.
Any suggestions from the community out there?
Did you ask your lawyer about "rushing back to India, getting married and she comes here on tourist visa. She can file for AOS and EAD/ AP"?
One more thing about getting married here on B1/ B2 and filing for AOS. I have heard of a case where the AOS was denied for a similar case. A person came the US on a visitor's visa and married a US citizen and applied for AOS. USCIS denied her AOS because they claimed that she falisified her visa application for B1/ B2 by stating that she had no immigrant intent but she did infact have an immigrant intent by coming over here and marrying a US citizen and filing for AOS.
While your case is not exactly the same, USCIS could use the same reason if you get married here. But getting married in India will not have the same effect because getting married in India does not show immigrant intent on her part.
Best to ask your lawyer.
1. File AOS for her and let her leave, and take the chance that they will track her departure and cancel her application. If this happens, is she allowed to refile if the PD becomes current later?
2. Rush out of the US with her to get her back in on H4 visa. Challenge here is that it is near impossible to get an appointment at a US consulate before the 17th Aug window closes.
3. File her application through CP. She doesn't get interim benefits that way. Given my PD of EB3-June 2006, I'm not expecting a GC for at least 3 years, so this option really sucks.
Any suggestions from the community out there?
Did you ask your lawyer about "rushing back to India, getting married and she comes here on tourist visa. She can file for AOS and EAD/ AP"?
One more thing about getting married here on B1/ B2 and filing for AOS. I have heard of a case where the AOS was denied for a similar case. A person came the US on a visitor's visa and married a US citizen and applied for AOS. USCIS denied her AOS because they claimed that she falisified her visa application for B1/ B2 by stating that she had no immigrant intent but she did infact have an immigrant intent by coming over here and marrying a US citizen and filing for AOS.
While your case is not exactly the same, USCIS could use the same reason if you get married here. But getting married in India will not have the same effect because getting married in India does not show immigrant intent on her part.
Best to ask your lawyer.
more...
makeup Dunking wallpaper
dipu76
06-01 08:11 PM
its fine. Your salary should match the LCA salary. The LC salary is for 'future job'. the only place it might come into play is if your employer is very small, and there are ability-to-pay issues (here, if your current salary matches LC salary then its easier to say that employer has ability to pay).
Thank you all for your expert advice!!.. My I140 was approved about a year back.. I am working for one of the top 10 outsourcing co.. so it is very unlikely that they will do an error though we can't be certain..
Thank you all for your expert advice!!.. My I140 was approved about a year back.. I am working for one of the top 10 outsourcing co.. so it is very unlikely that they will do an error though we can't be certain..
girlfriend ryant dunking wallpaper.
ssnd03
07-30 02:17 PM
Congratulations on your approval. Yor are really lucky and we envy you.
I know the systems is so much screwed up. There are so many frustrated people with their priority dates EB2 before August 2004 and could not file I-485 until this July. Its a wonder USCIS approved a case with priorioty date of August 2005. :mad: :confused: the system is so disgusting.
Remember one and only one thing prevents FIFO (First in First Out) for I485 approvals and that is FBI name-check delays. I do not believe FIFO is not honored due to USCIS processing problems.
(BEC backlogs also inhibit GC FIFO but hopefully that will be over by Sep 2007)
This guy's security checks were cleared timely and he got a visa number as soon as they were available.
It is rumored that USCIS in last month assigned visa numbers to applicants without FBI security-check completion. However, these GCs will not be approved if FBI checks are not completed by Sep 30, 2007 and the visa numbers will be returned to DOS. Hence, it remains to be seen how many visa numbers will be wasted in FY 2007 despite the fact that the visa bulletin says U August onwards.
Next to retrogression, this is a serious problem. But the irony is that retrogression allows FBI to enjoy, at our cost, years of delay in doing their job. However, you can also be so unlucky that your name-check does not clear when years later your PD becomes current
I know the systems is so much screwed up. There are so many frustrated people with their priority dates EB2 before August 2004 and could not file I-485 until this July. Its a wonder USCIS approved a case with priorioty date of August 2005. :mad: :confused: the system is so disgusting.
Remember one and only one thing prevents FIFO (First in First Out) for I485 approvals and that is FBI name-check delays. I do not believe FIFO is not honored due to USCIS processing problems.
(BEC backlogs also inhibit GC FIFO but hopefully that will be over by Sep 2007)
This guy's security checks were cleared timely and he got a visa number as soon as they were available.
It is rumored that USCIS in last month assigned visa numbers to applicants without FBI security-check completion. However, these GCs will not be approved if FBI checks are not completed by Sep 30, 2007 and the visa numbers will be returned to DOS. Hence, it remains to be seen how many visa numbers will be wasted in FY 2007 despite the fact that the visa bulletin says U August onwards.
Next to retrogression, this is a serious problem. But the irony is that retrogression allows FBI to enjoy, at our cost, years of delay in doing their job. However, you can also be so unlucky that your name-check does not clear when years later your PD becomes current
hairstyles girlfriend kobe bryant
amitjoey
02-12 03:09 PM
Thanks. All we need is 800 people like Hari, who can contribute a little amount of money and a little amount of time by inviting other friends.
Is it not true that it only takes about 10 minutes or so to invite other friends by mail to join IV and a $20/month.
Is it not true that it only takes about 10 minutes or so to invite other friends by mail to join IV and a $20/month.
don840
04-03 08:03 PM
The work location in LCA was company headquarter in Houston. H1 petition was submitted with LCA from Houston.
I have worked in Colorado from 2005 onwards. Company obtained LCA for Colorado, but did not file amendment with USCIS. They paid wages as per Colorado LCA, also filed CO state tax, etc. This was the scenario for both 2005 and 2007 h1 petitions.
I have worked in Colorado from 2005 onwards. Company obtained LCA for Colorado, but did not file amendment with USCIS. They paid wages as per Colorado LCA, also filed CO state tax, etc. This was the scenario for both 2005 and 2007 h1 petitions.
santa123
03-09 09:46 PM
I know of an old time neighbor who had a similar story, only that it was not a dream but reality for him... he must be smiling at this post;)
No comments:
Post a Comment