pratikgr
08-08 08:30 PM
Based on my limited knowledge and what I have read...you can join some community college during that time to do some short course in order for you to NOT GO OUT Of STATUS and this acts as a bridge. I think during this short course period you would have to go back to F1 and then convert from F1 to H1. The other thing is to go out of the country and re-enter again on H1. These are the only two options coming to my mind. But wait the third and more realistic option would be to find a position in any University related to your profession as then you are out of H1b quota. Good luck and warm regards
what do you mean by find a position in any university. I think then also you need H1 visa and that can not fill the gap of those 4 months.
what do you mean by find a position in any university. I think then also you need H1 visa and that can not fill the gap of those 4 months.
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ndbhatt
12-03 06:27 PM
Visa recapture should be projected as corrective action of wasting approved quota of visa which would otherwise have been utilize, if not for agencies inefficiency. So it is fixative action of already approved visas that went un-utilized.
Dream Act needs fresh and prolonged discussions to understand the impact of it on USC in present economic conditions.
Dream Act needs fresh and prolonged discussions to understand the impact of it on USC in present economic conditions.
shree19772000
08-08 05:54 PM
Hi All,
I am sure there will be some sort of immigration reform worked out by the mid next year. So please stay calm and enjoy! Eventually you will get your EAD and GC. You just have to hang in there.
peace........
I am sure there will be some sort of immigration reform worked out by the mid next year. So please stay calm and enjoy! Eventually you will get your EAD and GC. You just have to hang in there.
peace........
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snowshoe
12-18 08:53 AM
Raj,
Thanks for your reply, even I have heard the same from some sources. But there are others who recommended getting a tourist visa since I am not going there for H1-B stamping. Hence going to the Mexican Consulate in New York tomorrow.
Can you please let me know:
- which Mexican consulate did you get your Mexican tourist visa?
- did you take an appointment before going to the consulate?
- what documents did they look at (they list quite a few on http://www.consulmexny.org/eng/english.html, just want to know which ones they really asked for)
- did you get your passports back the same day? Did you wait for the stamping or they asked you to come later in the evening.
Thanks again.
Buddy
When I took VISA and entered into Mexico and asked Mexican Immigration Officer please stamp my passport as I entered in Mexico, but he said if you are in Mexico for less than 72 hours then you don't need to take VISA or special permission if your stay is going to more than 72 hours then you need to take visiting VISA...I took it because I was going with my entire family...but I knew my collegues went to Mexico for stamping..without taking any Mexico VISA..hope this helps..if you need any additional info please let me know.
Thanks
Raj
Thanks for your reply, even I have heard the same from some sources. But there are others who recommended getting a tourist visa since I am not going there for H1-B stamping. Hence going to the Mexican Consulate in New York tomorrow.
Can you please let me know:
- which Mexican consulate did you get your Mexican tourist visa?
- did you take an appointment before going to the consulate?
- what documents did they look at (they list quite a few on http://www.consulmexny.org/eng/english.html, just want to know which ones they really asked for)
- did you get your passports back the same day? Did you wait for the stamping or they asked you to come later in the evening.
Thanks again.
Buddy
When I took VISA and entered into Mexico and asked Mexican Immigration Officer please stamp my passport as I entered in Mexico, but he said if you are in Mexico for less than 72 hours then you don't need to take VISA or special permission if your stay is going to more than 72 hours then you need to take visiting VISA...I took it because I was going with my entire family...but I knew my collegues went to Mexico for stamping..without taking any Mexico VISA..hope this helps..if you need any additional info please let me know.
Thanks
Raj
more...
ysnraju
07-25 10:45 PM
So far not come across
But for Filing only Primary and dependent after that all the dependents and primary applicants will have their own Application Numbers and so.
So no wonder Dependent may get approval.....
But lot of questions araises
Just for argument shake please do not expect to happen but for argument
if the Primary applicants is not eligible then what they will do ........ :)
.......
But for Filing only Primary and dependent after that all the dependents and primary applicants will have their own Application Numbers and so.
So no wonder Dependent may get approval.....
But lot of questions araises
Just for argument shake please do not expect to happen but for argument
if the Primary applicants is not eligible then what they will do ........ :)
.......
nk2006
05-03 08:01 AM
If you have enough time or not depends on if your country of origin is retrogressed. In your case retrogression will help you.
You do not need to be working for the new employer for them to start the green card process. So no need to wait for H1B transfer. But most employers would not do that.
To get one year extensions, Your case has to be pending for at least a year. That clock starts when you apply for labor. With PERM there is two months of recruiting (one month recruiting and one month cool down) before you can apply for labor. So it looks like you will not meet this deadline. (You may be able to extend your current H1B for the time you were out of the country)
So your only hope is that your labor certification goes through and your I140 goes through and your country is retrogressed. Then the one year rule does not apply and you can extend H1B for three years.
So pray that congress does not fix the retrogression problem until you get your three year extension :)
You are wrong - he dont have to pray that retrogession to stay. If there is no retrogession he/she can apply for 485 along with I140 or if that option is not available he/she can apply for 485 after I140 approval; and can get EAD which makes him eligible to work pending 485 approval.
The above is quite possilbe and I have seen some people (from non-retrogessed countries) getting their EADs/greencards in less than a year time. In my company I have applied PERM along with another person (who is less experienced than me; much less education qualifications; and probably less salary as I am his technical lead). Both our PERM labors approved in the space of 10 days. Currently my EB2 I140 is pending; his concurrent I140 is approved and got EAD's for him and wife and is infact might get his cards soon unless they get stuck in name-check.
Moral of story: retrogession is bad anyway you cut it. In any case the probability of a bill passing seems not that bright; and even if a bill is passed it may not be impleted that soon anyway; so this retrogession story might continue for a while I guess; and we all can continue to get 1year/3year extensions :)
You do not need to be working for the new employer for them to start the green card process. So no need to wait for H1B transfer. But most employers would not do that.
To get one year extensions, Your case has to be pending for at least a year. That clock starts when you apply for labor. With PERM there is two months of recruiting (one month recruiting and one month cool down) before you can apply for labor. So it looks like you will not meet this deadline. (You may be able to extend your current H1B for the time you were out of the country)
So your only hope is that your labor certification goes through and your I140 goes through and your country is retrogressed. Then the one year rule does not apply and you can extend H1B for three years.
So pray that congress does not fix the retrogression problem until you get your three year extension :)
You are wrong - he dont have to pray that retrogession to stay. If there is no retrogession he/she can apply for 485 along with I140 or if that option is not available he/she can apply for 485 after I140 approval; and can get EAD which makes him eligible to work pending 485 approval.
The above is quite possilbe and I have seen some people (from non-retrogessed countries) getting their EADs/greencards in less than a year time. In my company I have applied PERM along with another person (who is less experienced than me; much less education qualifications; and probably less salary as I am his technical lead). Both our PERM labors approved in the space of 10 days. Currently my EB2 I140 is pending; his concurrent I140 is approved and got EAD's for him and wife and is infact might get his cards soon unless they get stuck in name-check.
Moral of story: retrogession is bad anyway you cut it. In any case the probability of a bill passing seems not that bright; and even if a bill is passed it may not be impleted that soon anyway; so this retrogession story might continue for a while I guess; and we all can continue to get 1year/3year extensions :)
more...
aj_jadeja
04-06 01:32 AM
http://www.washingtonpost.com/wp-dyn/content/article/2006/04/05/AR2006040502038.html
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Suva
07-27 03:23 PM
One of the stupid questions!!!
If NSC had put all applications from July 2nd to July 17th on hold.
Did they open and timestamp it ? for received date ??????
If they did not , then I may be lucky.
Because my package had signatures and all other dates of June 29th . The day when we were planning to ship the package, but for july fiasco.
Do you guys think ? they might see this and enter it as received date ?
If NSC had put all applications from July 2nd to July 17th on hold.
Did they open and timestamp it ? for received date ??????
If they did not , then I may be lucky.
Because my package had signatures and all other dates of June 29th . The day when we were planning to ship the package, but for july fiasco.
Do you guys think ? they might see this and enter it as received date ?
more...
krishmunn
01-24 02:40 PM
Guys, sorry I do not understand the numbers very well. Assuming the same amount of spillover numbers for 2011, what will be the status of EB2 by December-2011??
Thanks,
Prasad.
Probably around April 2007. I was hoping it will clear till July 2007 but does not look like
Thanks,
Prasad.
Probably around April 2007. I was hoping it will clear till July 2007 but does not look like
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shana04
08-03 11:42 PM
Why is it that people who have filed after me have already received their notice and had checks cashed? I thought it is based on when the application is received is how they process- I am freaking out thinking that my application fell behind a desk somewhere....
I can understand your frustration, but not abuse language please. We all are going through the same trauma.
Libra has not said any thing bad and you do not have to fell bad for it or use any absue language.
We should stand united and not fight among our selves.
God bless you and your family and I would pray God that you get your checks cashed atleast before me.
Keep faith in God my dear friend, one day we all would be set free.
Good luck to you and Libra and all other friends here in IV.
I can understand your frustration, but not abuse language please. We all are going through the same trauma.
Libra has not said any thing bad and you do not have to fell bad for it or use any absue language.
We should stand united and not fight among our selves.
God bless you and your family and I would pray God that you get your checks cashed atleast before me.
Keep faith in God my dear friend, one day we all would be set free.
Good luck to you and Libra and all other friends here in IV.
more...
ImmigrationAnswerMan
06-30 12:09 PM
Apollon:
As you pointed out in your original posting, to qualify as the equivalent of a masters degree, thereby allowing you to apply in the EB2 category, the 5 years experience must be gained after the BA. So your experience gained prior to getting the BA does get credited toward the BA+5.
Experience gained with your current employer can be used if another employer is sponsoring you. You do not have to be working for the new sponsor for them to sponsor you, since the PERM and I-140 are for prospective employment.
You said that this was for an engineering position. Not all engineering positions require a masters degree. In order to qualify under the EB2 category, the employee must have a masters or the equivalent, AND the position must have an actual minimum requirement of a masters or the equivalent. So just because you have a BA+5 does not necessarily qualify you for the EB2 category.
As you pointed out in your original posting, to qualify as the equivalent of a masters degree, thereby allowing you to apply in the EB2 category, the 5 years experience must be gained after the BA. So your experience gained prior to getting the BA does get credited toward the BA+5.
Experience gained with your current employer can be used if another employer is sponsoring you. You do not have to be working for the new sponsor for them to sponsor you, since the PERM and I-140 are for prospective employment.
You said that this was for an engineering position. Not all engineering positions require a masters degree. In order to qualify under the EB2 category, the employee must have a masters or the equivalent, AND the position must have an actual minimum requirement of a masters or the equivalent. So just because you have a BA+5 does not necessarily qualify you for the EB2 category.
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MerciesOfInjustices
05-22 12:48 AM
On Monday, May 22, 2006, a very important new study was released on the "impact of backlogs, processing delays, and long wait times on legal immigrants seeking to join the U.S. workforce as skilled employment-based and family-sponsored immigrants". Aman Kapoor and Shilpa Ghodgaonkar from IV spoke at the release as did Senator Cornyn! The title of the study says it very clearly - Legal Immigrants: Waiting Forever (http://www.nfap.com/researchactivities/studies/NFAPStudyLegalImmigrantsWaitingForever052206.pdf)!
Certainly this is a great study, for several reasons.
It is the first of its kind
It is derived from official data, not from anecdotal evidence
It is written by independent, non-partisan scholars, who are not immigrants!
It confirms the need for fixing the 'Legal side of Immigration' ASAP!
Among the findings of the study:
• Waits for green cards (permanent residence) in the Skilled Workers and Professionals category have worsened considerably in the past few years, with the current wait for a newly-sponsored high skill immigrant in this category exceeding five years.
One of the co-authors is Stuart Anderson, Executive Director of the National Foundation for American Policy. He is very experienced on Immigration matters, and has served in the INS (in Policy/Planning) and on Capitol Hill. Impeccable credentials - though I would not support anybody on the operations side of the INS! He might have even authored the language of some of the laws that govern us now, when he served on Sen Brownback's staff!
Stuart Anderson, Executive Director of the National Foundation for American Policy, served as Executive Associate Commissioner for Policy and Planning and Counselor to the Commissioner at the Immigration and Naturalization Service from August 2001 to January 2003. He spent four and a half years on Capitol Hill on the Senate Immigration Subcommittee, first for Senator Spencer Abraham and then as Staff Director of the subcommittee for Senator Sam Brownback. Prior to that, Stuart was Director of Trade and Immigration Studies at the Cato Institute in Washington, D.C., where he produced reports on the military contributions of immigrants and the role of immigrants in high technology. He has an M.A. from Georgetown University and a B.A. in Political Science from Drew University. Stuart has published articles in the Wall Street Journal, New York Times, Los Angeles Times, and other publications.
Amongst others on NFAP Advisory Board, the name of James Ziglar stands out. Many of us remember him as the former head of the INS - definitely somebody who is well-versed with Immigration matters.
But, this Board also includes Prof Jagdish Bhagwati, renowned economist - certainly a very learned & highly-skilled immigrant. (Interestingly, if Prof Bhagwati had to apply for his Green Card today - he would get it only in several years! Or, they would have to get an Act of Congress for him!). Also on the Board is Cesar Conda, who was an advisor to Vice-President Cheney on domestic policy.
The official release (http://www.nfap.com/researchactivities/studies/NFAPRelease052206.pdf) of the study took place at Washington D.C.
Senator John Cornyn, a Texas Republican who opposes the current guestworker plan in the bill being debated in the Senate, said he had offered an amendment to the bill that would eliminate the quota for some highly-skilled workers educated in the US. He said economic competitiveness was at stake in the way in which the issue was handled.
Aman Kapoor, founder of the group (Immigration Voice), says the broken employment-based immigration system forces workers like him to live in a state of limbo. People working in the US who are waiting for their green cards, as he has done since October 2003, cannot change jobs or move up in position, thus restricting their opportunities, he says.
It was also covered by MSNBC (http://msnbc.msn.com/id/12919954/).
Please look up the NFAP website NFAP (http://www.nfap.com)! It is amazingly accurate, and uptodate. It highlights mostly H-1B related issues, but is very knowledgeable about the business aspects of Immigration.
We already know our issues, but a study from non-partisan scholars adds immense weight to them! Even if this study goes beyond our issues, all of the issues will be important to us or our family at some point of our lives!
In summary, this study will be huge in advancing our cause!
Certainly this is a great study, for several reasons.
It is the first of its kind
It is derived from official data, not from anecdotal evidence
It is written by independent, non-partisan scholars, who are not immigrants!
It confirms the need for fixing the 'Legal side of Immigration' ASAP!
Among the findings of the study:
• Waits for green cards (permanent residence) in the Skilled Workers and Professionals category have worsened considerably in the past few years, with the current wait for a newly-sponsored high skill immigrant in this category exceeding five years.
One of the co-authors is Stuart Anderson, Executive Director of the National Foundation for American Policy. He is very experienced on Immigration matters, and has served in the INS (in Policy/Planning) and on Capitol Hill. Impeccable credentials - though I would not support anybody on the operations side of the INS! He might have even authored the language of some of the laws that govern us now, when he served on Sen Brownback's staff!
Stuart Anderson, Executive Director of the National Foundation for American Policy, served as Executive Associate Commissioner for Policy and Planning and Counselor to the Commissioner at the Immigration and Naturalization Service from August 2001 to January 2003. He spent four and a half years on Capitol Hill on the Senate Immigration Subcommittee, first for Senator Spencer Abraham and then as Staff Director of the subcommittee for Senator Sam Brownback. Prior to that, Stuart was Director of Trade and Immigration Studies at the Cato Institute in Washington, D.C., where he produced reports on the military contributions of immigrants and the role of immigrants in high technology. He has an M.A. from Georgetown University and a B.A. in Political Science from Drew University. Stuart has published articles in the Wall Street Journal, New York Times, Los Angeles Times, and other publications.
Amongst others on NFAP Advisory Board, the name of James Ziglar stands out. Many of us remember him as the former head of the INS - definitely somebody who is well-versed with Immigration matters.
But, this Board also includes Prof Jagdish Bhagwati, renowned economist - certainly a very learned & highly-skilled immigrant. (Interestingly, if Prof Bhagwati had to apply for his Green Card today - he would get it only in several years! Or, they would have to get an Act of Congress for him!). Also on the Board is Cesar Conda, who was an advisor to Vice-President Cheney on domestic policy.
The official release (http://www.nfap.com/researchactivities/studies/NFAPRelease052206.pdf) of the study took place at Washington D.C.
Senator John Cornyn, a Texas Republican who opposes the current guestworker plan in the bill being debated in the Senate, said he had offered an amendment to the bill that would eliminate the quota for some highly-skilled workers educated in the US. He said economic competitiveness was at stake in the way in which the issue was handled.
Aman Kapoor, founder of the group (Immigration Voice), says the broken employment-based immigration system forces workers like him to live in a state of limbo. People working in the US who are waiting for their green cards, as he has done since October 2003, cannot change jobs or move up in position, thus restricting their opportunities, he says.
It was also covered by MSNBC (http://msnbc.msn.com/id/12919954/).
Please look up the NFAP website NFAP (http://www.nfap.com)! It is amazingly accurate, and uptodate. It highlights mostly H-1B related issues, but is very knowledgeable about the business aspects of Immigration.
We already know our issues, but a study from non-partisan scholars adds immense weight to them! Even if this study goes beyond our issues, all of the issues will be important to us or our family at some point of our lives!
In summary, this study will be huge in advancing our cause!
more...
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wandmaker
08-17 02:14 AM
Thanks for the valuable inputs.
Applying for premium processing with Company C seems to be best option. However sometimes premium processing takes more than 15 days to get a result. Since Company B has indicated that they will terminate my employment by the end of this month (less than 15 days from now), I may not have the option of resigning from Company B, before getting Company C's approval.
If B terminates my employment, and my transfer to C is still Pending, what will happen in such a case ?
You can start working for Employer C as and when you have the receipt notice for C's transfer. Just make sure, you file for transfer before termination. You have all the documents that is required for H1 transfer, dont worry about it.
Applying for premium processing with Company C seems to be best option. However sometimes premium processing takes more than 15 days to get a result. Since Company B has indicated that they will terminate my employment by the end of this month (less than 15 days from now), I may not have the option of resigning from Company B, before getting Company C's approval.
If B terminates my employment, and my transfer to C is still Pending, what will happen in such a case ?
You can start working for Employer C as and when you have the receipt notice for C's transfer. Just make sure, you file for transfer before termination. You have all the documents that is required for H1 transfer, dont worry about it.
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belmontboy
11-17 02:19 AM
[source: http://www.jackson-hertogs.com/misc/permdesc.htm]
The PERM form includes an attestation that asks whether the employer has laid off any employees in the occupation, or in a related occupation, within the past six months. If the employer has laid off workers in the occupation within the past six months, the employer must attest whether it contacted and considered these workers for the job on the AEC application [this step is called "Notice and Consider"]. For some employers, a layoff may mean that a PERM application cannot be filed until six months after the date of the layoff.
The PERM form includes an attestation that asks whether the employer has laid off any employees in the occupation, or in a related occupation, within the past six months. If the employer has laid off workers in the occupation within the past six months, the employer must attest whether it contacted and considered these workers for the job on the AEC application [this step is called "Notice and Consider"]. For some employers, a layoff may mean that a PERM application cannot be filed until six months after the date of the layoff.
more...
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s_r_e_e
08-15 11:26 AM
you just beat me in posting this
:D
happend to have oh law site open on the side while reading this... it was easy to find the faq link in there :)
:D
happend to have oh law site open on the side while reading this... it was easy to find the faq link in there :)
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dollar500
08-06 06:27 AM
Interesting discussion. Sounds logical but you are missing that it was current for a long time in 2002 to 2005.
Although you might be right about the movement.
Although you might be right about the movement.
more...
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venky08
07-28 04:59 PM
guys...
don't be pessimists...this baloon has been blown a lot bigger than what it really is. there have been some crazy estimates that the number of application that would reach USCIS are anywhere from 100k to 700K or something...its a joke! the lawyer's websites would state anything to make you cringe at this whole process...
Remember this: nobody is going to give you a warm and fuzzy feeling about the dream of getting a green card in short duration...you just have to learn to be pleased by what has been accomplished this month and hope to expect similar good things happening along the way in the future. just keep on doing action items from IV, continue contributing and expect that they will decide to use the last few years' ROW visa to clear the backlog...Cheers!
don't be pessimists...this baloon has been blown a lot bigger than what it really is. there have been some crazy estimates that the number of application that would reach USCIS are anywhere from 100k to 700K or something...its a joke! the lawyer's websites would state anything to make you cringe at this whole process...
Remember this: nobody is going to give you a warm and fuzzy feeling about the dream of getting a green card in short duration...you just have to learn to be pleased by what has been accomplished this month and hope to expect similar good things happening along the way in the future. just keep on doing action items from IV, continue contributing and expect that they will decide to use the last few years' ROW visa to clear the backlog...Cheers!
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small2006
07-11 05:30 PM
Where was your finger printing? Did you talk to any IO there? My EAD FP is scheduled and I will try to utilize the chance if possible.
Thanks
FYI: I know you didn't direct the question to me but just thought I'd let you know my experience there.
The two times that I have been there, I was told that they don't do anything with EB GC applications. Instead they are a strictly family based GC processing center. That must be BS because when I talk to USCIS they ask me to go there 'coz that's the nearest but when I go there, nothing happens.
I'd like to hear from anybody else who have any experience going to San Antonio center. (Fourwinds Drive location).
Thanks
FYI: I know you didn't direct the question to me but just thought I'd let you know my experience there.
The two times that I have been there, I was told that they don't do anything with EB GC applications. Instead they are a strictly family based GC processing center. That must be BS because when I talk to USCIS they ask me to go there 'coz that's the nearest but when I go there, nothing happens.
I'd like to hear from anybody else who have any experience going to San Antonio center. (Fourwinds Drive location).
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lostinbeta
10-03 01:13 PM
:::whistling:::
SPAM*INFINITY!!!!!!!!!!!!!
:::runs away again::::::
:::evil chuckle in background:evil: :::
SPAM*INFINITY!!!!!!!!!!!!!
:::runs away again::::::
:::evil chuckle in background:evil: :::
meridiani.planum
11-03 01:42 AM
inline...
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.
-- not true. one of the biggest advantages of stayig on H1-V is that you maintain status even if your 485 is denied for some reason. You dont have to leave the country, you cna file an MTR and keep on working. If you are on EAD, and your 485 is denied for any reason, you need to stop working immediately. You also end up out of status right then. Being on H1 ssaves you all that trouble.
Another advantage of staying on H1 is if you are not married and want to bring your spouse over, you can do it using H4. Once youa re on EAD, your spouse has to wait for your PD to be current so she can file her own 485...
An interesting question may be, if this will count towards the lifetime cap of 12 years of H1B? That I don't know.
-- there is no cap on H1. You can get as many extensions as you want and qualify for (I-140 approved, old LC etc)
--Parag
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.
-- not true. one of the biggest advantages of stayig on H1-V is that you maintain status even if your 485 is denied for some reason. You dont have to leave the country, you cna file an MTR and keep on working. If you are on EAD, and your 485 is denied for any reason, you need to stop working immediately. You also end up out of status right then. Being on H1 ssaves you all that trouble.
Another advantage of staying on H1 is if you are not married and want to bring your spouse over, you can do it using H4. Once youa re on EAD, your spouse has to wait for your PD to be current so she can file her own 485...
An interesting question may be, if this will count towards the lifetime cap of 12 years of H1B? That I don't know.
-- there is no cap on H1. You can get as many extensions as you want and qualify for (I-140 approved, old LC etc)
--Parag
deardar
09-14 03:27 PM
No need to register on that site.
Just click and listen.
If it asks you to register, close and reopen the brower.
Just click and listen.
If it asks you to register, close and reopen the brower.