Hi Gurus
My brother just received the green card yesterday and he is in China.
Can he travel on his valid H1B or does he needs to show the Green Card while entering US back.
Thank U
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Hi Gurus
My brother just received the green card yesterday and he is in China.
Can he travel on his valid H1B or does he needs to show the Green Card while entering US back.
Thank U
sorry ... my intention was not to criticize you or others. Just trying to say that try to seek facts ... that usually leads us to better understanding and avoids emotions getting better of us. Best and hope you become C tomorrow.
Quote:
Originally Posted by pg_at_q
Q any luck on information from your source... :)
Sorry .... none yet. Will post ASAP when hear anything. But more than likely we are going to have the bulletin tomorrow. So its not going to be useful anyway.Quote:
Originally Posted by mesan123
Valid H1 is ok, I believe. People in this situation have even come back on AP, without valid H1. But on re-entry, the officer will come to know that in fact now he is a permanent resident, and will most probably mark his H1 cancelled without prejudice, and officially enter him into the USA as a permanent resident.
Quote:
Originally Posted by ifaith
My cousin went through this last year. His lawyer advised him to go to the US consulate in India and have his passport stamped with an immigrant visa. The lawyer had told him at that time that as soon as the green card is issued, H1 is automatically null and void. He did go to the US consulate in Mumbai and they stamped his passport with immigrant visa there.Quote:
Originally Posted by nishant2200
Hi Gurus,
Sorry for the off topic. How long does it take to get the EAD/AP after filing them? My PD 06/06/2007 and say for example if i'm not current this Sept., I have to wait until May. So, If I apply in May, how many months does it take to get approved? My concern is my H1 gets expired in Aug. 2012, and my company will not give me a Client letter, which I need when I file my H1 extension.
Appreciate your help.
Thanks
very good point. H1 is automatically cancelled. Then does he have AP. I believe AP should be ok, as that's the very purpose of AP, to allow for travel during the period waiting for AOS to be completed. If he does not have AP, then immigrant visa stamp as superdesi said. Actually the immigrant visa stamp seems to be the most safe way. You can also try putting this question on Ron Gotcher's forum. Or best, take least time allowed by a lawyer, pay him, and ask the question, for sure shot answer.Quote:
Originally Posted by superdesi2100
Why will your company not give you a letter? If you are a legitimate and legal employee, they should have no problem with it. If it's something less than kosher then its a different issue. I've never heard of a situation where an employer has refused docs to file an extension for their own employee.Quote:
Originally Posted by samudrala
Yes... at hte least they need the employee to sign all the documents. So did they not have you sign anything?
If I were you, my worst fears would be - whether these guys have filed a GC for you at all. Sorry to be so pessimistic but you need to ask that question hard.
Quote:
Originally Posted by vizcard
Guys I guess the poster is referring to client providing with a letter which is used for h1 extension now a days... In my opinion nothing relating to his parent company but client where he is working as a consultant not providing the supporting letter...Quote:
Originally Posted by qesehmk
The only situation where this may come up is if his "parent" company is a temp staffing agency (in which case there is no "parent" company). For a regular employment (non-temps), he shouldn't need a letter from a client if he is a full time employee and is getting paid by his parent company.Quote:
Originally Posted by soggadu
I work as a management consultant for a Big 4 Firm. I don't need letters from my clients for my H1. The paperwork that my firm submits basically states that I am an employee of the firm, my job role and responsibilities are such and such, they are paying me $xyz and they intend to keep me employed as a full time employee. I have NEVER had an issue with this.
Quote:
Originally Posted by qesehmk
Sorry, I should have been more clear on my question.
I work for a Desi company which has about 100 employees. My client is not willing to give me the client letter(Thank you for Soggadu for referring it in earlier post). Last time when I had my 3 yrs extension, I was with a different client and I could able to get an extension for 3 yrs without any issues since the client provided me a client letter. But this time the Client (one of the biggest banking company in USA) is not ready to provide me the client letter.
If I could get my EAD/AP (Not intrested in AP at this point of time as I dont have plans to travel) I would not need to worry about it.
Thanks
I don't think you need a client letter.
As long as your employer gives you an employment letter ... thats fine. I agree w Vizcard, I really don't know why this should be an issue at all.
Quote:
Originally Posted by samudrala
Thank you Q, but these days you need to provide a client letter to get an extension, also when you go for visa stamping.Quote:
Originally Posted by qesehmk
i wonder whether your company can give you a copy of contract and their own declaration that you will be the resource on this project?
Quote:
Originally Posted by samudrala
Q..
If one is employed with a consulting company: Unless you have a client letter, very good chance that you will get an RFE for extension. 221g guaranteed if applying from India. Then, remember proving employer-employee relationship. 2 key documentation one has to have to expect to get thru without RFE while applying extension.
As I mentioned before, we do need a client letter... I just got my extension last weekend and was issued for 3 yrs but I had to get the client letter that too ontheir letter head.... No more discussion on this from my end.... Only persons working for consulting firms as a consultant can understand what I am talking abt.:..Quote:
Originally Posted by qesehmk
Good Morning Soggadu . Waiting for hot hot breakfast news from USCIS
yeap soggadu is right...i was in consulting till one year before. you need to provide client letter for sure these days for ur h1b extensions.
Quote:
Originally Posted by soggadu
Hi folks, I am a new member but an old follower.... I have a quick question... Say dates move today beyond July, say to 15 th august... For people who become current, should they even waste money in filing for EAD and AP? Aren't the GCs arriving in less than 6 months these days after dates becoming current?
EAD & AP fee is included as part of 485 filing fee(revised). So applying for EAD/AP or not, will not change filing fee.Quote:
Originally Posted by Nishant_imt
can we expect the sep bulletin today?
No guarantees for anything, but 99.99 % yes, any time now.Quote:
Originally Posted by mesan123
May be after the Fed meetingQuote:
Originally Posted by nishant2200
I can relate to your situation very well my situation is very similar to yours. Realistically if you get current by May 2012 (Worst Case, you may even get current today) EAD / AP have a 90 day issuance SLA so you should have it by then. Client letter requirements after the E-E memo came into effect are different, for your previous extension it was sufficient that the client gave you the letter and said that they need you long term. Now the client has to say all that in addition they have to say that your day to day work is supervised by your petitioning company and all supervisory control including hiring and firing rests with them, also according to the memo all resources for your work need to be provided by the petitioning company and only limited resources can be provided by the end client. We would have thought that old approved cases are grand fathered but people are having a very tough time at the consulates, every E-E case gets a 221G consistently. If someone gets an adjudicator who wants to apply the memo to the fullest extent any H1B consulting (For Small Companies) approval is hard to come by. Hopefully you will not have to go through H1 it will be tough for all those with small consulting companies, all the best. Let’s all pray for BTM.Quote:
Originally Posted by samudrala
dude...really? do you really think any kind of iota of connection between fed meeting and uscis/dos visa bulletin? It reminds me of old days when people used to say somebody is visiting from US and the consulate will give more visas... but anyway... i would say relax and keep doing what you are doing...Quote:
Originally Posted by vchirakala
thank you veni, i was not aware of this....Quote:
Originally Posted by veni001
just kidding soggadu ...whole world is tensed about how the market is going to be and we are tensed about Sep bulletin ...
Change Log of VB Page on DoS website:
https://www.changedetection.com/log/...13603_log.html
yes darling... isi ki naam hein jindagi... yehi ek picture hein jo sabko alag alag nazariyaa see dik tha hein...Quote:
Originally Posted by vchirakala
Teddy/Q/Spec/Leo/sogaddu/Nishant/skPanda and all other Gurus,Quote:
Originally Posted by TeddyKoochu
This is really off topic but its helpful to get input from you guys , I have the same situation and my h1 is expiring in nov2011, whereas my pd 15MAY2007, if I get to file my I-485 in sep2011 , I am planning not to file h1 extension and wait for EAD, I guess one can stay in the country once he/she files I-485 even if h1 expire only can not work. So in my case if I don't get my EAD before nov2011than I might have to take off from work for 1-2 weeks
The main reason for not filing h1 ext is same E-E relationship issue, if I file my h1 and some how its get denied and gets RFE it might create some red during my I-485 approval.
Please share your thought,whatever I am thinking is best for my situation.I appreciate you all , you guys are doing great here.
jeena isi kaa naam haiii
mem... i am still not a guru...stuck at pandit level... but here is my take on this...Quote:
Originally Posted by memk26
1. You will definitely be current in the coming bulletin and would apply for 485 by beginning of Sep, so it leaves you two more months for H1 renewal. Recently i guess there was a memo which says you can stay in US with no issues
2. The main problem i see is when will ur EAD be approved? I ask this because, you need work authorization if not H1 to continue working. So i wud say (only my opinion) to apply for H1 so that you can continue working
3. I dont think H1 denial (because of client letter or so) will have any effect on GC as it is made for future employment
4. Dont worry about H1, get client letter and other E to E docs and you can get it easily...
My 2 cents...others correct me where i am wrong...the first person to correct will get a free view of bulletin today ;-)
my PD is down in 2010, but I still feel the tension and excitement for the VB and following these threads. So whats going through all the people whose PDs are in 2007 is unimaginable. Just keep hoping that whatever comes out is good, since anything good for 2007 is also good for others who are in the Q. Good luck.
Soggadu most of it is correct.
except getting the client letter..atleast 50% of the clients dont agree to give letter...specially if ur working with financial client your chances of getting client letter is 0-10% i shuld say.
but as soggadu mentioned you can apply for you h1b extension one or 2 months ahead of your expirey in slow processing, by the time you can get RFE if you get your EAD ...i think you have a chance of revoking your h1b extension...this is way....but i dont know whether this will effect your GC...may be gurus can answer here
Quote:
Originally Posted by soggadu
I would suggest wait till 30 days before H1 expiry and then apply for extension, since once you have applied you can still continue working on the H1 itself. And hopefully either before H1 gets approved or any other thing from USCIS.. you will get the EAD.
Quote:
Originally Posted by soggadu
Yes Soggadu is correct its better to apply for the H1B extension. Our case is sort of similar to yours. My husband's H1B is getting expired on Dec 2011 & his PD is 20/06/2011 (EB2) but after discussing with the company lawyers they mentioned its safe to apply for H1B extension which they will be filing this week & also we have a I-485 pending based on my I-140 which is Eb3 so we have also filied for our AP renewal & have the EAD valid till next yr 2012. We keep everything current just to try to do an interfiling when is date become current.Quote:
Originally Posted by soggadu
mvinayam
I would recommend that you apply for H1 extension just before its expiration. It will take USCIS atleast 3 months to process your application. So you will have about 5 months to give for EAD approval. Hopefully you will get your EAD in 3 months. At that point you can withdraw your H1 Extension application (even if there is an RFE).
--------------Quote:
Originally Posted by memk26
Not a legal advise.
Thank you everyone for the reply, my only worry is if I get H1 ext denied by USCIS or withdrawn by employer(as mentioned in one of above post to apply and withdraw after getting EAD) USCIS might say there is no valid job when they process my I-485 approval thats the reason of not applying h1 ext. Question : is there any issue if I don't work for 2-3 weeks(period between h1 expiration and getting EAD to resume work, My client is ok to give me 2-3 weeks leave)Quote:
Originally Posted by mvinayam