martinvisalaw
07-06 09:51 AM
See answers below, IN CAPS.
I'm a little confused about my options in starting my H1 extension process and applying for my wife's H4 application.
Here is my current status :
6 yr H1-B period is ending on Dec 22, 2009. I'm getting married in India in October and will apply for my wife's H4 immediately after. Here are my questions :
1. Will there be any problem with my wife's H4 application if there are just 2 months of validity left on my H1 visa?
NO, THERE SHOULDN'T BE A PROBLEM. HOWEVER, IT WOULD BE BETTER IF YOU HAD AN APPROVED EXTENSION OR AT LEAST AN EXTENSION RECEIPT NOTICE TO SHOW THE CONSULATE.
2. I could potentially start my H1 extension process now. I'm eligible for a 3 year extension since the Priority date of Jan 3, 2006, on my EB2 application is not current. If I was to start my extension process now, my approval may not happen before October and my lawyer says there may be some problems if I travel outside the country on a pending H1 application. Should I apply for my H1 extension now or after I come back to the US in November?
IT MAY BE EBST TO APPLY JUST BEFORE YOU LEAVE. HOWEVER, YOU CAN PROBABLY TRUST YOUR ATTORNEY'S SUGGESTION.
3. If I was to apply for H1 extension in Nov and don't get an approval by the time of my current H1 expiry in December, will I be out of status?
NO, YOU ARE OK TO STAY ONCE AN EXTENSION WAS FILED BEFORE THE CURRENT STATUS EXPIRES.
Thanks.
I'm a little confused about my options in starting my H1 extension process and applying for my wife's H4 application.
Here is my current status :
6 yr H1-B period is ending on Dec 22, 2009. I'm getting married in India in October and will apply for my wife's H4 immediately after. Here are my questions :
1. Will there be any problem with my wife's H4 application if there are just 2 months of validity left on my H1 visa?
NO, THERE SHOULDN'T BE A PROBLEM. HOWEVER, IT WOULD BE BETTER IF YOU HAD AN APPROVED EXTENSION OR AT LEAST AN EXTENSION RECEIPT NOTICE TO SHOW THE CONSULATE.
2. I could potentially start my H1 extension process now. I'm eligible for a 3 year extension since the Priority date of Jan 3, 2006, on my EB2 application is not current. If I was to start my extension process now, my approval may not happen before October and my lawyer says there may be some problems if I travel outside the country on a pending H1 application. Should I apply for my H1 extension now or after I come back to the US in November?
IT MAY BE EBST TO APPLY JUST BEFORE YOU LEAVE. HOWEVER, YOU CAN PROBABLY TRUST YOUR ATTORNEY'S SUGGESTION.
3. If I was to apply for H1 extension in Nov and don't get an approval by the time of my current H1 expiry in December, will I be out of status?
NO, YOU ARE OK TO STAY ONCE AN EXTENSION WAS FILED BEFORE THE CURRENT STATUS EXPIRES.
Thanks.
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anilsal
12-14 09:53 PM
Most of the congressmen hold town hall meetings. This is their method of meeting with constituents.
This may be a great opportunity for you to push for skilled immigration. He may be against CIR. But no congressmen would say "no" to qualified individuals.
Explore opportunities for the congressman to place a bill of his own supporting skilled immigration.
This may be a great opportunity for you to push for skilled immigration. He may be against CIR. But no congressmen would say "no" to qualified individuals.
Explore opportunities for the congressman to place a bill of his own supporting skilled immigration.
joydiptac
02-08 05:23 PM
So which is better, LOA or termination of job? Hard choice..
LOA till you get a job. LOA will maintain your H1b or EAD status with the same company.
BTW, H1b to EAD is seamless, you needn't go out of the country to use EAD instead. On EAD you can work in a similar job. Talk to your attorney.
LOA till you get a job. LOA will maintain your H1b or EAD status with the same company.
BTW, H1b to EAD is seamless, you needn't go out of the country to use EAD instead. On EAD you can work in a similar job. Talk to your attorney.
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jcrajput
10-12 11:18 AM
We are planning to get our passort stamped (H1B/H4) at Mumbai consulate. Does anyone know how many pay-stubs I will need from my current employer? Can anyone please share their experience?
Thanks a lot.
Jignesh
Thanks a lot.
Jignesh
more...
desi3933
02-23 11:44 AM
Hey,
Thanks for the response.
One quick clarification:
a) COS from H4 to H1 B status, does'nt need me to go through the quota/lottery system etc. Am I right?, because I did hear this from some folks that I would *not* have to go through the quota since I originally had a H1 B visa with validity date. ?
b) In case of my finding an opening with new employer & shifting COS back to H1 from H4, what time frame would it take?
c) further addition to point b) what kinds of documents would I need to submit to INS for COS back to H1? any idea?
Again thanks guys! Have a great day...
Shivani :)
a) Your H1 will be exempt from quota.
b) Since you were on H1 status before, you can start working immediately after getting receipt for COS from H4 to H1.
c) Same as any H1 petition. Also, since this is COS, you must be in valid H4 status when COS to H1 is filed.
______________________
Not a legal advice.
US citizen of Indian origin
Thanks for the response.
One quick clarification:
a) COS from H4 to H1 B status, does'nt need me to go through the quota/lottery system etc. Am I right?, because I did hear this from some folks that I would *not* have to go through the quota since I originally had a H1 B visa with validity date. ?
b) In case of my finding an opening with new employer & shifting COS back to H1 from H4, what time frame would it take?
c) further addition to point b) what kinds of documents would I need to submit to INS for COS back to H1? any idea?
Again thanks guys! Have a great day...
Shivani :)
a) Your H1 will be exempt from quota.
b) Since you were on H1 status before, you can start working immediately after getting receipt for COS from H4 to H1.
c) Same as any H1 petition. Also, since this is COS, you must be in valid H4 status when COS to H1 is filed.
______________________
Not a legal advice.
US citizen of Indian origin
bluez25
08-11 03:01 PM
Guys,
I got my approval today after the CP appointment. I am still waiting for my passports though. I will update you guys with details once I receive my passports.
I got my approval today after the CP appointment. I am still waiting for my passports though. I will update you guys with details once I receive my passports.
more...
royus77
07-10 12:02 PM
Why AILA not suing State Dept. or USCIS for other issues... read a letter posted by someone in a forum
To AILF/AILA,
I appreciate your effort in filing lawsuit on behalf of July I-485 filers.
There are several critics on your July I-485 lawsuit. They criticize that you are doing for the benefit of your members (AILA). Definitely, your members will be benefited by huge amount of legal fees. Also, the critic says it is waste of time.
Even one of your reputed member (Rajiv Khanna @ immigration.com) posted in his website that chance of winning the law suit is very minimum.
He posted in his website as follows: "Please note folks, I don�t think this class will be easily approved by courts. CIS could argue a lot of things against it, which I don�t wish to publish in an open forum."
Why you cannot sue for the people who struck at Consulate due to administrative process without probable cause.
Several of them working in U.S (they have proof of employment, pay stubs, worked in the U.S on H1B visa for many years) just went to their home country for short vacation and applied for visa; they have rented house in the U.S and unable to break the lease; unable to pay car dues; their U.S citizen children also held overseas; they are loosing their jobs. State department is holding these visa application for more than a year in several cases.
What steps AILA has taken in this issue. If not, why you are not aware of this issue or why you are not giving importance. Do you think this issue will not bring such a huge legal fee like I-485 lawsuit?
Do you have the number of people who held like that ?Most of the people are struck because of the Name Check which USCIS cannt also do any thing because of security .
VB fiasco was done due to the mis communication between DOS and USCIS and it effected nearly 700k people ..thats the reason .No body is paying AILA for the 485 lawsuit
To AILF/AILA,
I appreciate your effort in filing lawsuit on behalf of July I-485 filers.
There are several critics on your July I-485 lawsuit. They criticize that you are doing for the benefit of your members (AILA). Definitely, your members will be benefited by huge amount of legal fees. Also, the critic says it is waste of time.
Even one of your reputed member (Rajiv Khanna @ immigration.com) posted in his website that chance of winning the law suit is very minimum.
He posted in his website as follows: "Please note folks, I don�t think this class will be easily approved by courts. CIS could argue a lot of things against it, which I don�t wish to publish in an open forum."
Why you cannot sue for the people who struck at Consulate due to administrative process without probable cause.
Several of them working in U.S (they have proof of employment, pay stubs, worked in the U.S on H1B visa for many years) just went to their home country for short vacation and applied for visa; they have rented house in the U.S and unable to break the lease; unable to pay car dues; their U.S citizen children also held overseas; they are loosing their jobs. State department is holding these visa application for more than a year in several cases.
What steps AILA has taken in this issue. If not, why you are not aware of this issue or why you are not giving importance. Do you think this issue will not bring such a huge legal fee like I-485 lawsuit?
Do you have the number of people who held like that ?Most of the people are struck because of the Name Check which USCIS cannt also do any thing because of security .
VB fiasco was done due to the mis communication between DOS and USCIS and it effected nearly 700k people ..thats the reason .No body is paying AILA for the 485 lawsuit
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glus
01-30 09:10 AM
Wow...wait a minute here.
He does not have the stamp in his passport for the new employer. If he has already quit his old employer for which he has the H1B stamp, then he probably must have a new stamp(for latest H1) for re-entering.
First of all, he would be using his new I-94 that is attached to the new H1 he just got from his new employer. So his departure record would show him working for new employer. When he comes back, if he doesnt have visa Hstamp for the new employer, then it would be a problem, I am pretty sure.
Better check with a lawyer newh1user. I am pretty sure you will need new H1 stamp that is tied to new I-797 if you exit USA and give your latest I-94 when leaving.
Also, think about getting an H1 stamp overseas in Europe while you are at this situation. If you have a bachelors or masters degree from United States, then getting H1 stamping in countries other than your home country is not a big challenge.
Hi Logiclife: if one has an unexpired H1 visa stamp, one can re-enter the country as long as he can show an I797 approval from the new employer. Change of employers does not invalidate an H1 visa stamp.
G
He does not have the stamp in his passport for the new employer. If he has already quit his old employer for which he has the H1B stamp, then he probably must have a new stamp(for latest H1) for re-entering.
First of all, he would be using his new I-94 that is attached to the new H1 he just got from his new employer. So his departure record would show him working for new employer. When he comes back, if he doesnt have visa Hstamp for the new employer, then it would be a problem, I am pretty sure.
Better check with a lawyer newh1user. I am pretty sure you will need new H1 stamp that is tied to new I-797 if you exit USA and give your latest I-94 when leaving.
Also, think about getting an H1 stamp overseas in Europe while you are at this situation. If you have a bachelors or masters degree from United States, then getting H1 stamping in countries other than your home country is not a big challenge.
Hi Logiclife: if one has an unexpired H1 visa stamp, one can re-enter the country as long as he can show an I797 approval from the new employer. Change of employers does not invalidate an H1 visa stamp.
G
more...
waitingnwaiting
05-20 10:30 AM
i think she fell asleep on keyboard, before she could finish the question :D
Its part of a puzzle game.
She is posting one fraction of the question one site, other fractions on other site.
Now you have to assemble all pieces together and respond to her.
If you win, you get to date her. She is only looking for smart guys and this explains the plot :D
Its part of a puzzle game.
She is posting one fraction of the question one site, other fractions on other site.
Now you have to assemble all pieces together and respond to her.
If you win, you get to date her. She is only looking for smart guys and this explains the plot :D
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pkv
06-08 04:04 PM
Thanks for all replies.. But the question still remain unanswered!!
Did no one filed EAD after filing I-485 at a center different than his/her I-485 processing center?? Did this filing trigger transfer of case to different processing center?
Did no one filed EAD after filing I-485 at a center different than his/her I-485 processing center?? Did this filing trigger transfer of case to different processing center?
more...
arunkotte
07-10 09:43 PM
not nessasarly, mine and my friends las names starting with K and M, both are at NSC
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chanduv23
09-14 10:32 AM
Please allow me to answer your question when I see you in person.!:o
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Wish_Good
05-02 01:53 AM
Hi Attorney,Senior People, Gurus,
Iam really need of advice. Please
give me your valuable Suggestions/Advice.
Thanks in Advance.
Wish_Good
Iam really need of advice. Please
give me your valuable Suggestions/Advice.
Thanks in Advance.
Wish_Good
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seltzer
02-12 03:42 PM
Yes, that is not only possible, but safer than using EAD. If your I-485 is denied for whatever reason, you still have H1-B with which to keep working. Once you use EAD, you lose H1-B status, and if I-485 is denied, you are out of status and must leave the country immediately.
more...
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siddar
11-09 04:38 PM
So hypothetically:
person has approved 140 from comp-A but moves to comp-B
A revokes the H-visa and 140.
The person can still extend for 3 years, through B using the approved 140 (from A).
This can continue till the day the persons PD becomes current?
It makes sence because once the 140 is approved and 485 is not yet applied for, there is essentially "no application pending" for this person on which they can issue and RFE, right?
However, when he tries to extend using the older (comp-A) 140, cant the CIS issue and RFE for evidence from comp A that they still intend to hire this person in future??
If the company cancels the I-140, that means the company is not supporting your GC, plain and simple. I-140 should be in good standing and approvable for extending the H1b status.
person has approved 140 from comp-A but moves to comp-B
A revokes the H-visa and 140.
The person can still extend for 3 years, through B using the approved 140 (from A).
This can continue till the day the persons PD becomes current?
It makes sence because once the 140 is approved and 485 is not yet applied for, there is essentially "no application pending" for this person on which they can issue and RFE, right?
However, when he tries to extend using the older (comp-A) 140, cant the CIS issue and RFE for evidence from comp A that they still intend to hire this person in future??
If the company cancels the I-140, that means the company is not supporting your GC, plain and simple. I-140 should be in good standing and approvable for extending the H1b status.
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chalamurariusa
04-28 10:33 AM
I was hoping some one will be able to tell us something abt it but seems as no one has recd. a mail like that from USCIS.:confused:
more...
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ameryki
07-16 11:42 AM
Hello,
I got my EAD through my primary Employer. I am currently working on EAD but with a different Employer (NY State Agency) who doesn�t encourage GC processing, so did not file my AC21 and been working for over a year now. I still have good rapport with my primary Employer. Now I am scheduled to go to INDIA for few weeks, my question is " whom should I say is my Employer " if the immigration officer asks me at the port of entry (JFK). Please advise as I will be carrying my current pay stubs.
Thank you
While I do not have first hand experience. I do not believe the IO will care about your employment status or employer given that you have an AP don't recall anyone here saying that they were asked about the employer when using AP to enter.
I got my EAD through my primary Employer. I am currently working on EAD but with a different Employer (NY State Agency) who doesn�t encourage GC processing, so did not file my AC21 and been working for over a year now. I still have good rapport with my primary Employer. Now I am scheduled to go to INDIA for few weeks, my question is " whom should I say is my Employer " if the immigration officer asks me at the port of entry (JFK). Please advise as I will be carrying my current pay stubs.
Thank you
While I do not have first hand experience. I do not believe the IO will care about your employment status or employer given that you have an AP don't recall anyone here saying that they were asked about the employer when using AP to enter.
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GCSOON-Ihope
11-07 10:08 AM
but unless someone personally recommends it is difficult to know which ones are good. even large well-known firms have made many errors, even after charging high fees
You are 100% right. Choosing an attorney is always kind of a gamble.
That shouldn't be but it is the reality. From my own experience, an attorney is as good as the job he does for you.
You can find an attorney who has worked wonders for many people and...
he screws up your application (that happened to me :mad: :eek: ).
You are 100% right. Choosing an attorney is always kind of a gamble.
That shouldn't be but it is the reality. From my own experience, an attorney is as good as the job he does for you.
You can find an attorney who has worked wonders for many people and...
he screws up your application (that happened to me :mad: :eek: ).
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kosars
09-12 09:44 PM
i had tb 5 years ago,and i am perfectly ok but in x-ray still has scars.what should i do?i have a lots of tention ?becoz in gc medical exam is compulsory .even though i am perfectly ok now still have scars.plz suggest me what should i do?
you probably will be refered for specialist evaluation and then cleared after that. donot worry, scars does not equate to acive TB.
you probably will be refered for specialist evaluation and then cleared after that. donot worry, scars does not equate to acive TB.
viva
12-17 10:53 PM
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rahul2699
05-13 09:33 AM
Please check the thread http://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/184288-from-iv-access-to-donor-forum-issues.html
You would need to provide your information as directed by Starsun in the first post. Starsun has been keeping unwell these days and verifying information periodically. However within a few days, you would be added to the donor forum upon verification.
In the meantime, please join your state chapters and get active. ImmigrationVoice.org - Immigration Voice State Chapters (http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52)
Thanks. I've done that yesterday (sending e-mail)..I guess i need to be little more patient
You would need to provide your information as directed by Starsun in the first post. Starsun has been keeping unwell these days and verifying information periodically. However within a few days, you would be added to the donor forum upon verification.
In the meantime, please join your state chapters and get active. ImmigrationVoice.org - Immigration Voice State Chapters (http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52)
Thanks. I've done that yesterday (sending e-mail)..I guess i need to be little more patient
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