When I applied for a new H1B visa (for a new employer), I was told by the US consul that my approved H1B application will be returned to USCIS for further review because I worked when I was still a visitor.  I told the consul that I worked as a volunteer in a Mission School but I stopped when said school withdrew its 1-129 application because it can't afford to pay me as prescribed by the Department of Labor.  Another school petitioned me and the petition was approved. I got my first H1B visa (3 years) which expired in June 30, 2005. A new employer (another school) petitioned me and said petition was approved for another three years (2005-2008). This was the one sent back to USCIS for further review. The returned approved petition was received by USCIS on December 21, 2005. When do you think will I get my reapproval? Thank you very much for your time.
211920
You are in the wrong website to get your question answered. Most do not know what you are talking about. \nI know the visa you have. But, your question can't be answered. Most of the agency are slow at doing anything.\n\nI work with teenagers whose parents are in the diplomatic corp. going over on foreign assignment. For those who will not be attending embassy schools it take almost year to get the paper work now. Every year it gets worse. I know I wasn't much help, but that is as good answer I can give.
185684
I found the following which indicates that you'd be able to collect unemployment, especially since you're staying in the US: \n7. Can a terminated H-1B worker apply for state unemployment insurance? I know that terminated H-1B holders are supposed to leave the U.S. immediately, and I don't think they get any grace period. However, they pay into unemployment insurance the same as U.S. citizens and resident aliens, do they not? So theoretically, they should be able to collect unemployment insurance from the State, in the event they choose to remain here out of status, correct? How about if they file for unemployment insurance, and then return home, so as not to be out of status? Shouldn't they still be able to get unemployment insurance? \n\nA-A terminated H-1B worker can, in fact, apply for state unemployment insurance. However, filing for unemployment renders the worker out of status for H-1B purposes. Therefore, terminated H-1B workers are required to leave the U.S. immediately. \n\nH-1B workers do not pay into unemployment insurance, and collecting unemployment does not supercede immigration law. It seems unlikely that someone would be able to collect unemployment after having returned home. However, you should check with your state unemployment entity. \n(http://www.usvisanews.com/questions/wedquest111500.shtml)\n\nOne site I looked at did caution that having collected unemployment might not look good if trying for a green card.\nChat User : I am in the process of changing status. Can I apply for unemployment benefits? Will I get in trouble later when I apply H-1 or PR if I try to apply for unemployment compensation?\n\nAttorney Murthy : Yes, a non-immigrant may have a problem in taking unemployment since that could prevent the INS from allowing him/her to be considered not a financial liability on the U.S. After getting the GC, it is not a problem if applying for citizenship.\n(http://www.murthy.com/chatlogs/chat0304_P.html)\n\nBased on these sources, it appears that the answer is yes, but it also appears that there might be reasons to not apply. It's probably best if you speak with an immigration lawyer in your area as that person would have a better idea of how this would affect you based on your longer-term plans.
571070
It depends on what state you are in and what date the USCIS is up to.  You can contact uscis or go to www.emichoice.com
251360
You will need an employer to sponsor you to get an H1B visa. Agencies hiring teachers to work in the US may help.
243350
H1B extensions generally take 2-3 months.\n\nYou can leave the country without the approval, but your employer will need to send it to you in India and then you will need to apply for the visa stamp at the appropriate US Embassy.\n\nGood luck!
524493
Always a chance to get rejected. The only sure thing in life is that death will come for you some day. But mostly the will look for:\n\nAre You qualified for the job? Your credentials are in order?\nIs the employer willing to sponsor you at the prevailing wage, full time, and in a job category covered under H-1b\nDo you have any history of immigration violations or pose a threat to national security? You must have, of course an approved Form I-129, a valid passport, and pay the costs of the visa. Once the visa is granted you must enter the USA within 90 days or lose your H-1b.\nHope it helps.
202873
I find your situation quite bizarre. How can you be in the US without a permanent resident status ?\n\nWhat status do you have ? Are you illegal ?\n\nOnce a foreigner marries a US citizen, they automatically qualify for a permanent resident status but this is not automatic. The US citizen spouse must petition the USCIS for a permanent resident status for their immigrant spouse.\n\nAfter 3 years of marriage the immigrant spouse qualifies for  US citizenship. The immigrant spouse must apply with the USCIS for citizenship.\n\nNow, if you've been married for 6 years you do qualify  for citizenship but only if you were a permanent resident for at least 3 of years. \n\nIf you don't have permanent residency you must first apply for that and after 3 years you are eligible for citizenship. There is no way to bypass directly to citizenship.\n\nTime spent in the US in a status other then permanent resident does not count toward citizenship !\n\nRESPONSE:\n\nWow this truly amazing. I have never heard of anybody waiting for so long. The most I have ever heard of anybody waiting is like 15 months ( PR based on marriage).\n\nDo you have a receipt of your applicaltion indicating the date that you applied on ?\n\nI can tell you with definte certantity that they lost your application, it's simply impossible to last so long.\n\nHave you tried contacting the National Customer Service Center 1-800-375-5283 ? Do not speak with the operator the first answer the phone (they are clueless), insist that you want to speak to an immigration officer (they are available to answer calls but it's hard to get to them)\n\nI also think it would be a good ideea to contact an immigration lawyer, they usually have contacts and can find out more info.\n\nI think you should really put a lot of pressure on them, call them everyday if you can !!! This is simply unacceptable ! Don't count on them or belive it when they tell you you just have wait.\n\nLastly, I'm just curios, how were you able to work all this time ? Did they give you an Employment Authorization Card that you kept renewing ?
116034
Plain and simple answer.\n\nPROVE IT!!\n\nThe burden of proof lies in the hands of the applicant. If you have no proof, don't even bother. You'll get sent back even if you get the VISA!!
482625
An H-4 visa may be granted to a spouse and any unmarried children under 21 years of age of an H1B visa holder.\n\nWork: A person with an H4 visa may not work unless the person qualifies for an H-1B visa and is approved for a "Change of Status" by the INS. \nEducation: A person with an H4 may seek a post secondary education by converting their status to an "F1" (full-time student) visa. Full-time means a minimum of twelve (12) credits per semester in an institution recognized by the INS. Conversion to a different visa is not necessary is to attend a community colleges. A community college, however, offer diplomas rather than degrees which may make it more difficult to qualify for your own H1-B visa. \nH4 holders are able to acquire a Driver's license, open a Bank account, enter into contracts or even go to college. Children on H4 visas do not need a separate visa to attend school.\n\nAnother option for those interested in continuing their education, is to attend community colleges.  It does not require a change in your visa status. \n\nYou may also convert an H4 visa to an H1 visa, if you can provide proof, that you are qualified for the position and qualify under the H1B guidelines with prior work experience.
668050
I know that the submission for the lifting of conditions should be submitted al least  90 days before the expiration date of the conditional period. You file within the allowed 90 day window so that you comply with law and preserve your PR status. Filiing at the earliest moment helps you do this, and allows enough time for the Notice  to get to the office. The expired Green Card are their only evidence of status. I should know this because I am in this process too. I think as long the documents you filed were in order, it wouldn't be a problem. I do a lot of research when it come to this because I want to be prepared and not rushing and yes to comply to the laws.\n\nWhen your two-year green card expires you no longer have status as a permanent resident, you are not authorized to work, and technically, you are deportable. You must allow yourself and the USCIS (INS) the maximum amount of time to get the petition approved
192056
Frequently updated info on H1B Visa availability:\n\nhttp://www.uscis.gov/graphics/services/tempbenefits/cap.htm
389259
At times such revocations are done on the basis of temporary restrictions on the number of persons of a particular Nationalty permitted, persons who already went once being barred for allowing first timers and so on. In such cases there may be hope for re-opening the case. It would be helpful if you approach the US embassy or the Consulate emigration/Visa department through authorised Travel Agents, Training Institutes for TOEFL etc, who are familiar with the staff and can get a patient hearing of the case. \nIf the Visa was revoked for political reasons such as views hostile to the US etc., there is remote chance of renewing the Visa or issue of a new one, particularly after the 9/11 incident.
305161
You cannot have two visas at the same time. The visa that is later in time will supercede the older visa. \n\nIf your employer intends to send you to the U.S. for six months or less, then you can simply apply for a B1/B2 visitors visa (just be sure you are paid through the company in India, and not the U.S.). In such a case, it would also be in your best interest to amend the H1 petition to indicate a start date of March 2007.\n\nGood luck!
411900
There seems to be a lot of dissenting views here on how long you needed to be married to become a citizen, so I looked it up.  You are correct on the 3 years.  However, if you have been a permanent resident for 5 years, even without being married, you can apply for citizenship.  You should have been issued a green card when you came here 10 years ago.  I read that it is valid for 10 years, so I am I correct in assuming that yours has expired?  Is that why you are now illegal?  You can get the green card renewed for another 10 years.  From what I read I believe you will have to get your green card renewed in order to apply for citizenship.  For the sake of your children, you need to go through all of the hassle so that you can stay with them.  They need their mother. I know this must be really tough on you.\nI have included a link below to the US Citizenship and Immigration Services website. You can also contact they by phone toll free at 1-800-375-5283.  Call the number, I'm sure they can give you much better answers that anyone here on Yahoo.  If I can be of any more help, or if you just need someone to talk to, just post me a note as additional information and I'll be happy to give you my email address.  Good luck and God bless.
292004
A new employer will file one all by himself. There is no such thing as transfer, except a less-formal "transfer" word often used when a person already working with an approved-H1 can move to another company with a fresh-H1 so that he doesn't fall under the H1-quota limits. Beyond that there is no "transfer" of an applicant. Every Employer must file one all by themselves. For that matter you can hold multiple H1 visas at the same time. \n\nConsult an immigration attorney for a more professional opinion.
298891
My Question To You Is\nWHY Have You Waited Until NOW To Ask These Questions??\n\n"Even though that I have been here for 22 years my imigration status has not changed. My sister who also came with me she is a resident but I am not. So all this time I have been working in low paying jobs "\n\nThats YOUR OWN FAULT, Not MINE Or Anyone Elses\n\nIf Your Intentions Are To REMAIN In The USA As A Resident, Your Applications Should Have Been Submitted YEARS AGO\n\nIf Your Intentions Are To Become An American Citizen, Your\nApplications Should Have Been Submitted YEARS AGO\n\nThis Is One Reason I Have Difficulty BELIEVING Your, \n(Or Any Other ILLEGAL Aliens)\nALLEGIENCE To This Nation\n\nQ)-"Would you be willing to work under the scorching sun 12 hours a day?"\n"if it wasn't for those millions of underpayed hard working poeple"\nA)- I WILL NOT Do It For A FALSELY DEPRESSED WAGE That Is Induced By ILLEGAL Aliens -\nif it wasn't for those millions of underpayed hard working poeple There Would Be Millions Of AMERICAN CITIZENS Employed At Those Jobs, And They Would Be Earning A Fair Wage\n\n" America belonged to the native Americans"\n\nYes And DINOSAURS Walked The Planet Once Too\nThe USA Is The USA And THATS The Way It Is Now
596853
you have to contact the immigration department in washington dc and ask for an application...\n\nthey send it to you..you fill it out and send it back...\n\nthey in turn send you your greencard back which is good for like 25 or 30 years (something like that) and voila!\n\nyour a greencard holdin immigrant!