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  • chna
    06-30 11:46 AM
    Hi Friends,
    I am a green card holder, becoming eligible for citizenship in April 2009. My fianc�e has been in the US for the past 2 plus years on F1. She completes her MS in December this year .We plan to visit our home country in August this year and get married. I thought this was a relatively uncomplicated case till I read in some forum recently that marriage to a permanent resident can be a barrier to being admitted to the U.S. in F-1 status. This is because such a marriage obliterates the "non-immigrant" intent required for F-1 entrants. This could very easily jeopardize her plan to re-enter in F-1 status.
    Any thoughts or advice on this? Appreciate all the help.
    Thanks a lot.

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  • ajay
    12-24 01:13 PM
    My friend is with the current employer for the past 3 years and now she has her H1 renewed .The employer had some issues with USCIS and currently she is on bench and is planning to go to india to get married.She has an appointment in Tijuane but she is worried if the employer history would affect her chances of stamping.So she is planning to have her H1transferred but she has her marriage in feb.So what are her options of getting her stamping done?

    This is not a good idea.

    Can she go to India with new employer documents having applied for transfer(premium processing)and have her stamping done there?
    It is better for her to wait until she gets her documents approved and then go.

    Is the pay stub with the current employer compulsory?

    It is better to have some paystubs from the past six months at least and also carry some w2 forms.

    How much time does it take if she goes for premium processing and what documents would she need from the new employer(incase the transfer is pending by the time she goes to India)?

    In premiumn processing it takes 15 days to get the approval normally. And if it is premium processing, shouldn't hurt to wait some more days since it is better also.

    After all these are my two cents against what you are trying. It is always better to consult your lawyer/attorney with the employer your friend is intending to transfer to.

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  • ricky26
    04-24 12:26 PM
    Mostly they do not ask you 797 if you have valid stamping. You need to show new original 797 only if you have extended one, so that they will issue i-94 till end of your extension, otherwise your i94 will have expiry date (of stamping in passport ) as your end date of I-94.

    Does that makes sense ?

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  • sparky63
    January 31st, 2005, 09:28 PM
    nice sequence of shots ... the last one makes me want to refill my mug :>)


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  • msadiqali
    01-07 08:22 PM
    Any help guys?

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  • martinvisalaw
    09-10 12:52 PM
    The withdrawal of the H-1B is not really what decides whether you are out of status. Presumably the former employer withdrew because you no longer work there. In that case, you have been out of status since you came off payroll.

    However, if there is only a short gap between your last paystub and when the new company files the H-1B, you could still be approved for a change of employer and extension. You should discuss with the lawyer preparing the new H-1B.

    You should not be subject to the cap in any case, since you were already counted towards the cap within the past 6 years.


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  • tiinap
    03-24 01:40 PM
    "Is it usual for big employers to already have H1 visas to sponser you on".. All I know is that employers cannot have blank visas for hiring whom they want. They have to file a new application for a specific employee, so they have to start from scratch.

    If your F1 covers you for 2.5 years, then there's some hope that immigration laws will change during this time. Because right now it's a nightmare. If nothing changes in the laws and cap number stays at ~65,000, then you will have to win a lottery to get an H1. We'll see on April 1, but most likely there is also a lottery for Master's degree holders.

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  • visshy
    07-26 10:01 PM
    wait for the 485 receipt, then send it with a cover letter and copy of the receipt.


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  • gnrajagopal
    06-18 12:46 AM
    just make a request to the irs. they have the details on their website. its a very simple process.

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  • PD_Dec2002
    03-20 07:58 AM
    Can i travel back to USA via London/UK without a valid US visa but with a valid AP?

    London is kind of picky to make sure we have a valid US visa when traveling via their country and have to change planes.

    My friend was coming back to USA via Emirates (Dubai/London/USA) and he was prevented to board the Dubai to London segment because he did not have a valid USA visa and they were not considering the AP documents.

    Flew in on BA via London using my AP in February and everything was fine. They all know what an AP is. But I hope you are aware that you are required to have a UK transit visa since you do not have a valid US visa; just an AP. That's approx $92 per visa.

    Or you can perform a search on these forums for a thread that listed the airlines (countries, actually) that do not require you to have a transit visa if you are reentering US on a AP.



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  • kishorek111
    06-28 02:16 PM
    do you really need to worry about this? Here are your options...

    1. Let your children keep Indian citizenship... Don't report about your Canadian citizenship to Indian authorities... Travel separately to India.. Don't take your kids with you... might be call your parents and ask them to take your kids... I don't think it would be a problem while coming back....and I don't think Indian authorities will find it....

    2. Get Canadian citizenship for your kids and take OCI card... They can always get back their Indian citizenship later

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  • srikanth003
    02-28 09:47 AM
    An expert advice on this would be highly appreciated. Many thanks for your consideration.

    - My H1 (I-94) is expiring on 1st week of Jun-2011.
    - I am also actively looking to change my employer.

    In this case, I am not able to decide on the following,
    1. Can I go ahead and file H1 extension with my current employer 'A'?
    2. If I happen to get another employer 'B' for H1 transfer, what are the implications if 'A' had already initiated the extension process?

    I am very confused on whether to go ahead with my H1 extension. Any quick answer would be highly appreciated, as I am taking my decision (on applying for extension) based on this.



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  • ksvreg
    07-19 02:40 PM
    My I-140 approved. Based on the July 2007 Visa Bulletin revision threat on June 30th, I have prepared and submitted I-485 package with all necessary documents along with approved I-140 copy. I sent the package to Nebraska Service Center and it reached on July 2nd. In the last minute, my company also submitted the I-485 package. My company sent the package on July 1st and reached on July 2nd at Texas Service Center. This was happened due to some communication gap between my company and me.

    My questions are:
    1. Will there be any problem if there are two package submitted? One from me and one from my company law firm?
    2. Will they reject one of the package? If so, which one will be returned?
    3. Is it possible to withdraw one of the package?

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  • GC_sufferer
    09-18 01:20 PM
    Check out the photos on Gregsiskind Blog.


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  • Appu
    08-18 05:00 PM
    What is your Receive Date? Priority Date?

    PD is Nov 2004 (transferred from a previous EB2 filing).
    RD is July 29, 2007

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  • vhd999
    10-15 12:36 PM
    Good question.
    I am busy in meetings today and this weekend. But I will have some time on Monday. Please remind me on Monday to ask him your question. Thank you. :D


    Can you stop everything you are doing and ask him this question?

    This is not acceptable. ;)


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  • akgind
    09-25 12:30 PM
    For more info, go to Murhty link below, and scroll to the appropriate question.

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  • smisachu
    08-22 03:59 PM
    Good Article. We should get hold of the full study. It could be something we could use to our advantage while lobbying during the DC rally.

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  • thomachan72
    01-07 06:25 AM
    Anybody who had an I94 issued only till the validity of the visa and not until the I-797? At the POE the guy simply wouldn't understand when I tried to explain to him that I have an extension (797) valid from 4/10 t0 4/11. He gave me an I94 only until 4/10. I read that people go for deffered inspection and get it corrected. Anybody who did that in a similar situation active in IV now? Any suggestions on how to proceed? do you go to the nearest international airport or an off-airport location?

    01-17 07:47 AM
    I mailed my EAD application around 2nd week of Dec'09 to Nebraska. I too was waiting for my check to be encashed. However, last week I got the check( with the correct amount of $340.00) returned. Couple of days later I got my EAD application receipt with the application fee shown as $0.00. My attorney was fine with it.

    You should be getting your application receipt soon. If not, get in touch with the customer service.

    Hope this help!

    06-18 09:42 PM
    Almost a good percentage of IV members are ready to file their I-140/I-485. I was one of the fortunate ones who will be able to file I485, due to the date moving from 2001 to 2003 last month for Eb3. The moment I got this happy news that I can file I-485, I celebrated by contributing $20 to IV. And my request to all of you who are in good spirits as of today due to the dates being current for I140/485, please do the same. This will help IV to continue fighting for the removal of retrogression to the best extent. I am sure all of us agree with me, that there is a long way to go in the journey of this GC. So, please contribute.

    So many views at this thread, but no response..hmmmm...

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