Immigration Voice - Forums
Register Get Involved Contact Lawmakers Advocacy Discussion Image Image Image Image

Go Back   Immigration Voice > Non Immigrant Visas : H1, L1, H4, L2, F1 etc > Non-Immigrant Visas
Click to log in with Facebook
Non-Immigrant Visas All Non Immigrant Visas - B/H/F/J...

Reply
 
LinkBack Thread Tools Display Modes
  #1 (permalink)  
Old 07-31-2008, 03:28 PM
Junior Member
Priority Date
:
May-01
Category
:
Others
I140 Mailed Date
:
02/12/2002
Chargeability
:
India
Processing Stage
:
Labor Certification
I485 Mailed Date
:
05/02/2002
Compare
Join Date: Jul 2008
Posts: 5
sportsguy131 will become famous soon enough
Default Please Helpppppppp!!!!!!!!!!!!!!!

Hello,
I have a question, this is about my mom's H1 B visa. Her H1B visa is about to expire in one month.(she had a maximum stay for 6 years). But my grandfather had applied for a greencard process for my mom through family based and we are 2 months away from getting the visa numbers. So Is there any way my mom can extend her H1B. She is currently working as a teacher. (There are lot of options for people who applied for Greencard process through employment, but I don't see any for family based greencard process). Any help would be really appreciated.
Thank You.
Bookmark and Share Compare Reply With Quote


  #2 (permalink)  
Old 07-31-2008, 03:32 PM
Senior Member
Priority Date
:
Nov-05
Category
:
EB2
I140 Mailed Date
:
03/01/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/02/2007
Compare
Join Date: Sep 2006
Posts: 872
singhsa3 has a reputation beyond repute singhsa3 has a reputation beyond repute singhsa3 has a reputation beyond repute singhsa3 has a reputation beyond repute singhsa3 has a reputation beyond repute singhsa3 has a reputation beyond repute singhsa3 has a reputation beyond repute singhsa3 has a reputation beyond repute singhsa3 has a reputation beyond repute singhsa3 has a reputation beyond repute singhsa3 has a reputation beyond repute
Default

It is ok as long as she does not overstay 180 days
Quote:
Originally Posted by sportsguy131 View Post
Hello,
I have a question, this is about my mom's H1 B visa. Her H1B visa is about to expire in one month.(she had a maximum stay for 6 years). But my grandfather had applied for a greencard process for my mom through family based and we are 2 months away from getting the visa numbers. So Is there any way my mom can extend her H1B. She is currently working as a teacher. (There are lot of options for people who applied for Greencard process through employment, but I don't see any for family based greencard process). Any help would be really appreciated.
Thank You.
__________________
We are in agony and pain. Let us scream so loud that even deafs may lend their ears.
Bookmark and Share Compare Reply With Quote


  #3 (permalink)  
Old 07-31-2008, 03:34 PM
Junior Member
Priority Date
:
May-01
Category
:
Others
I140 Mailed Date
:
02/12/2002
Chargeability
:
India
Processing Stage
:
Labor Certification
I485 Mailed Date
:
05/02/2002
Compare
Join Date: Jul 2008
Posts: 5
sportsguy131 will become famous soon enough
Default

hey thx a lot for the info....but can she work in those 180 days?
Bookmark and Share Compare Reply With Quote


  #4 (permalink)  
Old 07-31-2008, 03:34 PM
Senior Member
Priority Date
:
Category
:
EB2
I140 Mailed Date
:
01/01/1900
Chargeability
:
India
Processing Stage
:
I485 Mailed Date
:
07/01/2007
Compare
Join Date: Feb 2006
Posts: 1,330
yabadaba is a glorious beacon of light yabadaba is a glorious beacon of light yabadaba is a glorious beacon of light yabadaba is a glorious beacon of light yabadaba is a glorious beacon of light yabadaba is a glorious beacon of light
Default

check out immigrationportal.com

the reason you wont get anywhere in terms of answers in a public forum is because you have not provided us with any relevant information. which forms were filed by your grandfather...which category was it filed under.

did your grandfather not file form I-765? that is an employment authorization document...giving your mom unrestricted permission to work.
Bookmark and Share Compare Reply With Quote


  #5 (permalink)  
Old 07-31-2008, 03:36 PM
Junior Member
Priority Date
:
Jan-05
Category
:
EB3
I140 Mailed Date
:
07/12/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/02/2007
Compare
Join Date: Feb 2007
Posts: 18
mp2007 will become famous soon enough
Default

Hi Sportsguy,

Please consult a lawyer, you dont want her to land in trouble because you did not get the correct advice.

MP
__________________
Contributed USD 100 for the IV Rally.
Bookmark and Share Compare Reply With Quote


  #6 (permalink)  
Old 07-31-2008, 03:43 PM
Junior Member
Priority Date
:
May-01
Category
:
Others
I140 Mailed Date
:
02/12/2002
Chargeability
:
India
Processing Stage
:
Labor Certification
I485 Mailed Date
:
05/02/2002
Compare
Join Date: Jul 2008
Posts: 5
sportsguy131 will become famous soon enough
Default

My Grandfather applied for my mom in Family Based GreenCard under First Preference category.

He filed -
I-130,
his citizenship forms
Bookmark and Share Compare Reply With Quote


  #7 (permalink)  
Old 07-31-2008, 03:56 PM
Senior Member
Priority Date
:
N/A
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 166
punjabi has a reputation beyond repute punjabi has a reputation beyond repute punjabi has a reputation beyond repute punjabi has a reputation beyond repute punjabi has a reputation beyond repute punjabi has a reputation beyond repute punjabi has a reputation beyond repute punjabi has a reputation beyond repute punjabi has a reputation beyond repute punjabi has a reputation beyond repute punjabi has a reputation beyond repute
Default good luck

If she has been out of USA during her 6 years of H-1B, she can use that period for her H1B extension. It can give her an extra breathing space.

Also, for 180 days, she can stay in USA but I am not sure if these 180 days is from the date she last time entered in USA or from the day her visa ends.

I suggest you to consult a good attorney. It is suggested to spend some time and money on attorney and help her stay out of trouble.

Good luck.



Quote:
Originally Posted by sportsguy131 View Post
Hello,
I have a question, this is about my mom's H1 B visa. Her H1B visa is about to expire in one month.(she had a maximum stay for 6 years). But my
.....
.....
through employment, but I don't see any for family based greencard process). Any help would be really appreciated.
Thank You.
__________________

-- -- -- -- -- -- -- -- -- -- -- -- --
Life is a game....why get serious?
-- -- -- -- -- -- -- -- -- -- -- -- --
$930 in contribution, DC Rally & Phone Campaign

[SAVE PAPER think before you print.]
Bookmark and Share Compare Reply With Quote


  #8 (permalink)  
Old 07-31-2008, 04:53 PM
Member
Priority Date
:
Nov-02
Category
:
EB3
I140 Mailed Date
:
03/12/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/12/2007
Compare
Join Date: May 2006
Posts: 46
syedajmal is a glorious beacon of light syedajmal is a glorious beacon of light syedajmal is a glorious beacon of light syedajmal is a glorious beacon of light syedajmal is a glorious beacon of light
Default 2 Options

Option 1 - If she has been out of the USA for a significant amount of time for which you have proof, that time can be recaptured. I did this and recaptured 7 months. And Yes she can work for the time recaptured.

Option 2 - She can leave the country now, before here 6 years finishes, come back later and maybe use her GC or recapture the time that she spent out of the US then.

Hope this helps
Bookmark and Share Compare Reply With Quote


  #9 (permalink)  
Old 07-31-2008, 05:18 PM
Donor
Priority Date
:
May-03
Category
:
EB3
I140 Mailed Date
:
12/26/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/29/2007
Compare
Join Date: Jul 2007
Posts: 127
m306m has a reputation beyond repute m306m has a reputation beyond repute m306m has a reputation beyond repute m306m has a reputation beyond repute m306m has a reputation beyond repute m306m has a reputation beyond repute m306m has a reputation beyond repute m306m has a reputation beyond repute m306m has a reputation beyond repute m306m has a reputation beyond repute m306m has a reputation beyond repute
Default

Quote:
Originally Posted by sportsguy131 View Post
Hello,
I have a question, this is about my mom's H1 B visa. Her H1B visa is about to expire in one month.(she had a maximum stay for 6 years). But my grandfather had applied for a greencard process for my mom through family based and we are 2 months away from getting the visa numbers. So Is there any way my mom can extend her H1B. She is currently working as a teacher. (There are lot of options for people who applied for Greencard process through employment, but I don't see any for family based greencard process). Any help would be really appreciated.
Thank You.
Are you sure she is 2 months away in getting her visa number current? For example if her priority date is Jan 1st 1998 and they are currently processing Nov 1st 1997. It seems like you mother will be current in 2 months but it could take USCIS 2 years to move forward 2 months in processing. Processing dates don't move by calendar time.

Maybe I am misunderstanding your question. If so please ignore the above.

If she has been out of the country for any significant amount of time during the 6 years she can file an extension for that time. I would not recommend that she continue to work if the H1 has expired and I think you should consult an attorney to figure out her options.
__________________
Support HR-3012 and Support Fairness!

HR3012 Wiki | Facebook | Google+ | Twitter

$100 HR3012 Drive + Attended San Jose Rally
$150 Sponsor trip to DC
$600 2010 & 2011-Advocacy Campaign.
$410 Contribution towards the Visa Recapture and Omnibus Drive
$25 Monthly recurring

PD: May 2003 (EB3)
I-140: 12/26/2006
I-485 Filed 06/29/2007 July 2nd receipt

FL Chapter: http://groups.yahoo.com/group/FL_Immigration_Voice/

Getting there...
Support IV
Bookmark and Share Compare Reply With Quote


  #10 (permalink)  
Old 07-31-2008, 06:07 PM
Junior Member
Priority Date
:
May-01
Category
:
Others
I140 Mailed Date
:
02/12/2002
Chargeability
:
India
Processing Stage
:
Labor Certification
I485 Mailed Date
:
05/02/2002
Compare
Join Date: Jul 2008
Posts: 5
sportsguy131 will become famous soon enough
Default

Quote:
Originally Posted by m306m View Post
Are you sure she is 2 months away in getting her visa number current? For example if her priority date is Jan 1st 1998 and they are currently processing Nov 1st 1997. It seems like you mother will be current in 2 months but it could take USCIS 2 years to move forward 2 months in processing. Processing dates don't move by calendar time.

Maybe I am misunderstanding your question. If so please ignore the above.

If she has been out of the country for any significant amount of time during the 6 years she can file an extension for that time. I would not recommend that she continue to work if the H1 has expired and I think you should consult an attorney to figure out her options.
Hey thx a lot guys for all your help....
To (M306M),
The priority date for Family Based First Preference is 15 Mar 2002, and my grandfather who is a citizen filed for my mom's Greencard in April 27 2002.
Hope this helps....
Bookmark and Share Compare Reply With Quote


  #11 (permalink)  
Old 07-31-2008, 06:34 PM
Member
Priority Date
:
Mar-05
Category
:
EB2
I140 Mailed Date
:
03/08/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/04/2007
Compare
Join Date: Mar 2006
Posts: 68
karthkc is on a distinguished road
Default Look for options..

Quote:
Originally Posted by sportsguy131 View Post
Hey thx a lot guys for all your help....
To (M306M),
The priority date for Family Based First Preference is 15 Mar 2002, and my grandfather who is a citizen filed for my mom's Greencard in April 27 2002.
Hope this helps....
Family Based (FB) quota works differently from Employment-based (EB) for green cards. This forum is geared towards EB so you may not get a lot of help here...

As far as extending her H1B goes, if there have been no other Employment-Based GC applications filed on her behalf, I dont think of any way that will allow you to extend her H1B short of time outside the country recapture (as suggested above)

Look at all the days she has been out of the US in the last 6 years and that might give you enough time to come up with options and file an extension ASAP.

Also, if willing to take a chance, she can use the 180 day rule to stay out of status, however I would strongly recommend against that since the consequences might affect any current or future GC petition..
Bookmark and Share Compare Reply With Quote


  #12 (permalink)  
Old 07-31-2008, 06:57 PM
Senior Member
Priority Date
:
Jan-02
Category
:
EB3
I140 Mailed Date
:
01/01/2000
Chargeability
:
Brazil
Processing Stage
:
I-485
I485 Mailed Date
:
01/01/2000
Compare
Join Date: Jan 2006
Posts: 580
Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future
Default

Extension of H1B beyond six year, is possible only if any employment based greeen card applications (like Labor Certification and 140) is pending or approved. As your mom is not having any Employment based GC applications pending, she can't apply H1B extension beyond six years. The best advise is leave the country before expiry of I-94 and enter thro CP based on I-130; Dont count on 180 day period. If she want to stay in US to file AOS based on I-130, she has to find a way to change of other non-immigrant status like student etc..

(to check your luck, apply H1B extension with a request that I-130 was already approved and PD is very close to become current and request to grant an extension for an year based on current family situation and to avoid leaving the country.USCIS may buy this request and but not gurenteed.. Any way consult a good lawyer for other options)
Bookmark and Share Compare Reply With Quote


  #13 (permalink)  
Old 07-31-2008, 07:00 PM
Senior Member
Priority Date
:
Mar-07
Category
:
EB2
I140 Mailed Date
:
07/26/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
07/26/2007
Compare
Join Date: May 2007
Posts: 714
kaisersose has much to be proud of kaisersose has much to be proud of kaisersose has much to be proud of kaisersose has much to be proud of kaisersose has much to be proud of kaisersose has much to be proud of kaisersose has much to be proud of kaisersose has much to be proud of kaisersose has much to be proud of kaisersose has much to be proud of
Default

The Family GC option is only available to unmarried children. Now I do not know how this applies to your mother, but even if she can change her status to something else, it may impact your status assuming you are in the US now.

Anyway, it appears we have hardly any details of your case. Best to consult an attorney.
Bookmark and Share Compare Reply With Quote


  #14 (permalink)  
Old 07-31-2008, 10:40 PM
Senior Member
Priority Date
:
Dec-05
Category
:
EB2
I140 Mailed Date
:
06/01/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/08/2007
Compare
Join Date: Dec 2006
Posts: 631
amsgc has a brilliant future amsgc has a brilliant future amsgc has a brilliant future amsgc has a brilliant future amsgc has a brilliant future amsgc has a brilliant future amsgc has a brilliant future amsgc has a brilliant future amsgc has a brilliant future amsgc has a brilliant future amsgc has a brilliant future
Default

I don't think your mom should overstay the visa - not a good idea at all.

Try to see if she spent time outside the US when she was on H-1B. For example, she may have taken a few weeks off each year to visit her home country - you can recapture that time.

BUT, as kaiser mentioned, not sure how your grandfather applied for your mother in the first preference category. Double check that. As someone else mentioned, the dates in the family preference move very slowly.
__________________
Be Active and Help Yourself!
Join the GA State Chapter!

$$$ Contributions:
$560 in one time contributions
Bookmark and Share Compare Reply With Quote


Reply

Bookmarks


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are On



All times are GMT -4. The time now is 11:58 AM.


Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2020, Jelsoft Enterprises Ltd.
(c)ImmigrationVoice.org