krishnam70
02-20 07:55 PM
Members,
I need some help to act in right direction.
In Oct -2008 my wife got H1B. She was on H4 before that. The employer is still searching client for her to start work. She has got no pay, as practically she never started work. She still have valid-H4 VISa till sept-2009.
1) What is her current status H1B or H4?
2) how long can she wait to search job, assuming if she does not get job in next 2-3 months, how long will be H1B status Valid.
3) If she travels to india, will she has to get H1B stamped or she can re-enter on H4.
4) What are the options to get her back on H4. I have to file my extension in sept-2009.
Feedbacks, as highly appreciated.
~cheers
You need to apply H4 for her and immediately ask her to move to that status. She is already out of status 'technically' as she is supposed to be working/or get paid even if she is not working.. Unless she has pay stubs from her employer from the time her H1 was done she is not in 'status'. Once you move to H-1 the only way is to file for change of status using the appropriate petition. She will not move in to H-4 automatically. I think you need to file H-4 petition for your wife immediately.
Consult your attorney immediately and do the needful
good luck
kris
I need some help to act in right direction.
In Oct -2008 my wife got H1B. She was on H4 before that. The employer is still searching client for her to start work. She has got no pay, as practically she never started work. She still have valid-H4 VISa till sept-2009.
1) What is her current status H1B or H4?
2) how long can she wait to search job, assuming if she does not get job in next 2-3 months, how long will be H1B status Valid.
3) If she travels to india, will she has to get H1B stamped or she can re-enter on H4.
4) What are the options to get her back on H4. I have to file my extension in sept-2009.
Feedbacks, as highly appreciated.
~cheers
You need to apply H4 for her and immediately ask her to move to that status. She is already out of status 'technically' as she is supposed to be working/or get paid even if she is not working.. Unless she has pay stubs from her employer from the time her H1 was done she is not in 'status'. Once you move to H-1 the only way is to file for change of status using the appropriate petition. She will not move in to H-4 automatically. I think you need to file H-4 petition for your wife immediately.
Consult your attorney immediately and do the needful
good luck
kris
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TheCanadian
01-02 12:09 AM
I think we should have a Flash 5 AS1 contest for nostalgic purposes.
GCard_Dream
04-04 05:42 PM
If you have filed multiple applications like 485, EAD, AP, etc and then you move and do an address change using the AR-11 form, addresses in your pending applications will not get automatically changed. The AR-11 form doesn't change your address in the pending applications unless you filled out the AR-11 form online and specifically requested that addresses in all pending files be changed. This is so weired that the CIS would change address in their central database but the address in the pending applications wouldn't change.
If you fill out AR-11 online, it will ask you if you have any pending applications with USCIS and if so, if you want to update the address on those files. If you say yes the you would have to enter the case/receipt number of pending applications and the new address. Good luck.
Despite updating the new address 2 times, and getting hard copy confirmation, FP notices for my wife and daughter have gone to the old address twice.
With an Infopass appointment, spoke to the guy at the local USCIS office. He confirmed that the current address is what is on their records.
Wonder how things work in USCIS. Keeping my fingers crossed for future mail!!!
If you fill out AR-11 online, it will ask you if you have any pending applications with USCIS and if so, if you want to update the address on those files. If you say yes the you would have to enter the case/receipt number of pending applications and the new address. Good luck.
Despite updating the new address 2 times, and getting hard copy confirmation, FP notices for my wife and daughter have gone to the old address twice.
With an Infopass appointment, spoke to the guy at the local USCIS office. He confirmed that the current address is what is on their records.
Wonder how things work in USCIS. Keeping my fingers crossed for future mail!!!
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vikramy
11-19 07:39 PM
^^^^
more...
pjalan
03-31 04:45 PM
Hi All Gurus:
I am changing my employer with pending I-140 and I-485 both > 180 days.
RD: 07/23
ND: 09/13
EB2/TSC
PD:12/04
I might recieve an RFE as I did not submit experience letters from my previous employers. I have a masters degree from US.
Just in case I get an RFE on I-140 and old lawyers/old company chose not to respond what are my options? I have letters with me now and can myself respond to RFE if I know what it is about.
if RFE goes unresponded is MTR the only option left??
Thanks in anticipation.
I am changing my employer with pending I-140 and I-485 both > 180 days.
RD: 07/23
ND: 09/13
EB2/TSC
PD:12/04
I might recieve an RFE as I did not submit experience letters from my previous employers. I have a masters degree from US.
Just in case I get an RFE on I-140 and old lawyers/old company chose not to respond what are my options? I have letters with me now and can myself respond to RFE if I know what it is about.
if RFE goes unresponded is MTR the only option left??
Thanks in anticipation.
ImmiLosers
09-25 05:22 PM
Dear Guru's
I got rejection notice from TSC for a valid I-485 application stating that "A Visa number is not available at the present time".
However, I have two I-140 approved one in EB3 with 10-Nov-2004 as PD and another I-140 in EB2 category with 10-Aug-2007 as PD.
It is evident that Based on 10-Nov-2004 my PD is current and my application highlighted the same in bright cover sheet and my application still got rejected.
based on notice we filed the same application back and this time CC'd to ombudsman emphasizing the same fact for PD.
Its been a week we respond to rejection notice and haven't got either acceptance or rejection letter. and haven't heard back from ombudsman.
I am optimistic and would wait to get the response but I am worried since only 5 business days left before the dates get retrogressed.
I would like to know what actions do I need to take "while the date is current"; so that I can pursue my case further after 9/30/2008.
Is there anyway I can talk to ombudsman office and get personal attention to my case.
Guru's please help me out with your experience and ideas.
I filed last year with 2 I-140's wherein 1st was current and second was not. They accepted it.
I think you can still ask them even after 09/30. You may want to keep record of your dispatches.
BTW, it (filing with 2 I-140) is not a good idea as you may need to keep reminding them.
I got rejection notice from TSC for a valid I-485 application stating that "A Visa number is not available at the present time".
However, I have two I-140 approved one in EB3 with 10-Nov-2004 as PD and another I-140 in EB2 category with 10-Aug-2007 as PD.
It is evident that Based on 10-Nov-2004 my PD is current and my application highlighted the same in bright cover sheet and my application still got rejected.
based on notice we filed the same application back and this time CC'd to ombudsman emphasizing the same fact for PD.
Its been a week we respond to rejection notice and haven't got either acceptance or rejection letter. and haven't heard back from ombudsman.
I am optimistic and would wait to get the response but I am worried since only 5 business days left before the dates get retrogressed.
I would like to know what actions do I need to take "while the date is current"; so that I can pursue my case further after 9/30/2008.
Is there anyway I can talk to ombudsman office and get personal attention to my case.
Guru's please help me out with your experience and ideas.
I filed last year with 2 I-140's wherein 1st was current and second was not. They accepted it.
I think you can still ask them even after 09/30. You may want to keep record of your dispatches.
BTW, it (filing with 2 I-140) is not a good idea as you may need to keep reminding them.
more...
REDS
01-01 12:29 AM
Opened SR got a response letter informin that my case is within the "6months" window frame @ TSC so i guess I should see an FP notice by March 11 '08., Am a july 17 filer @ TSC, RD is Sep 11 and got EAD and AP long time back.
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kaarmaa
02-10 02:40 PM
In your sim city you can make these rule. However for the real world support IV initiatives for the best results.
what initiatives? Never seen any publicized...
what initiatives? Never seen any publicized...
more...
brawn81
08-09 06:51 PM
can you please add 2005,06,07,08 in the poll options..
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gc_chahiye
11-04 11:26 PM
Situation - During the month of July, I filed my 485 when all categories were current. Got my receipt too. Missed wife's application because her papers were not ready. Now priority dates have retrogressed again.
Saving grace - Our H1/H4 are in order with many long years left on them.
Question - Can I file my wife 485 now as a dependent, even though "my" PD is not current yet. The core point is that, does the concept of PD applies to the dependent 485 applications too?
unfortunately under current laws/regulations the dependent can only file when the PD of the primary applicant is current. So you'll need to wait for your PD to become current again to be able to file your wife's petition.
Saving grace - Our H1/H4 are in order with many long years left on them.
Question - Can I file my wife 485 now as a dependent, even though "my" PD is not current yet. The core point is that, does the concept of PD applies to the dependent 485 applications too?
unfortunately under current laws/regulations the dependent can only file when the PD of the primary applicant is current. So you'll need to wait for your PD to become current again to be able to file your wife's petition.
more...
jchan
10-18 01:04 PM
I have the exact question with duttasurajit -- my title for green card is computer information system manager, and I'd like to take a job for technical lead / architect. The job duties are very similar. Will that cause a problem?
btw: I don't know why so many people apply under the title of 'computer information system manager'. If you search Dice.com, hardly any position come out with this title.
Thanks everyone for the valued response. One last question:
I was under the impression that the job title does not matter for AC21 as long as the job duties are similar. For example, instead of IT Manager, say, I get a title of Developement Lead/Team Lead and the Job duties are similar.
What happens in this case? Is it still risky to pursue AC21?
btw: I don't know why so many people apply under the title of 'computer information system manager'. If you search Dice.com, hardly any position come out with this title.
Thanks everyone for the valued response. One last question:
I was under the impression that the job title does not matter for AC21 as long as the job duties are similar. For example, instead of IT Manager, say, I get a title of Developement Lead/Team Lead and the Job duties are similar.
What happens in this case? Is it still risky to pursue AC21?
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getrdone
02-23 06:23 PM
Right. I am not going to resign in haste. But I am confident I can find my current salary in 2-3 months. Question is , should I go for it or accept the paycut and stick it out as long as I can?
I used AC21, been Ok !!
I used AC21, been Ok !!
more...
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fromnaija
04-05 04:27 PM
I am in similar situation with only three months left on my H1. My strategy is to apply for three year extension through current employer (done).
Transfer to new employer only when I have an approved three year extension and then reapply PERM, I140 in EB2.
I don't think 7 months are enough to get to I140 stage. Give room for things going south and for RFE if any.
Being from ROW, porting PD is least of my worries because PD for EB2 ROW is current so I don't really have to port my PD. My only concern is if I have enough time to get my I-140 approved from the new employer so that I can continue to extend my H1B. From my calculation above, there is enough time but I am not sure if have missed any steps or miscalculated the processing times.
As for EB2 from the current company, that isn't working out well hence the drastic measure to move company.
Transfer to new employer only when I have an approved three year extension and then reapply PERM, I140 in EB2.
I don't think 7 months are enough to get to I140 stage. Give room for things going south and for RFE if any.
Being from ROW, porting PD is least of my worries because PD for EB2 ROW is current so I don't really have to port my PD. My only concern is if I have enough time to get my I-140 approved from the new employer so that I can continue to extend my H1B. From my calculation above, there is enough time but I am not sure if have missed any steps or miscalculated the processing times.
As for EB2 from the current company, that isn't working out well hence the drastic measure to move company.
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ItIsNotFunny
04-23 10:12 AM
Quick question - Our firm's attorney is being super-secretive in not letting me see the labor and/or the I-140 application. My wife is a dependent on the I-140 application. The I-140 is filed using premium processing.
Will I get a copy (courtesy) of either the receipt notice or the approval notice from USCIS directly?
If your 140 is filed under premium. Just relax and have fun with your family. You will get approved 140 at your home in a week. Good part of the story is, I-140, USCIS sends to your home not to lawyer. :)
Will I get a copy (courtesy) of either the receipt notice or the approval notice from USCIS directly?
If your 140 is filed under premium. Just relax and have fun with your family. You will get approved 140 at your home in a week. Good part of the story is, I-140, USCIS sends to your home not to lawyer. :)
more...
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man-woman-and-gc
03-09 09:27 PM
ne1???
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Templarian
11-11 11:20 PM
:lol: Bribery is hard.
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GCMD0203
09-17 01:18 PM
Gurus please help
Hi,
I'm in the same boat as you (I140/I485/I131/I765 - filed concurrently). I'm trying to self file for my H1 extension. I was not sure about one question on form I-129 part 4.7 the question is
Have you ever filed an immigrant petition for any person in this petition?
Last year when I filed for H1 extension I had checked 'NO'
But now that I-140 is pending, I'm not sure if I should check 'YES' or 'NO'
I will appreciate if you can help me with this.
Thanks,
Hi,
I'm in the same boat as you (I140/I485/I131/I765 - filed concurrently). I'm trying to self file for my H1 extension. I was not sure about one question on form I-129 part 4.7 the question is
Have you ever filed an immigrant petition for any person in this petition?
Last year when I filed for H1 extension I had checked 'NO'
But now that I-140 is pending, I'm not sure if I should check 'YES' or 'NO'
I will appreciate if you can help me with this.
Thanks,
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anemmani
01-04 01:06 PM
Can someone reply on my question . Please help .
My wife got COS from H4 to F1 approved in US. But F1 Stamping in india got denied.
She will come back to US again on H4 visa .
Can she apply again for COS to F1 after coming back in US on H4 ?
nit_sea,
You need to ask yourself the following questions.
Which university/college is your wife going to?
- Some states allow H4 holders to attend university with in-state tuition. Where as F1 requires out-of-state/out-of-country tuition. Without financial assistance this option can be useful.
Does she have an offer for financial assistance from the university?
- She cannot accept financial assistance ( TA/RA kind of employment) from university on H4. I do not know about scholarships and fellowships.
Is she interested in OPT option available to F1 students?
- Spouses of H1B holders will always have a difficult time getting F1 visa at the consulate. Even if she transfers H4 to F1 after coming here, she may have to go through the same experience next time she needs to re-enter United States.
In the end, it may be a good idea to consult an experienced Immigration Attorney for a fee. The fee is well worth the relief the information from the attorney may provide. The answer may not be to your liking, but it will be correct information.
Nag
My wife got COS from H4 to F1 approved in US. But F1 Stamping in india got denied.
She will come back to US again on H4 visa .
Can she apply again for COS to F1 after coming back in US on H4 ?
nit_sea,
You need to ask yourself the following questions.
Which university/college is your wife going to?
- Some states allow H4 holders to attend university with in-state tuition. Where as F1 requires out-of-state/out-of-country tuition. Without financial assistance this option can be useful.
Does she have an offer for financial assistance from the university?
- She cannot accept financial assistance ( TA/RA kind of employment) from university on H4. I do not know about scholarships and fellowships.
Is she interested in OPT option available to F1 students?
- Spouses of H1B holders will always have a difficult time getting F1 visa at the consulate. Even if she transfers H4 to F1 after coming here, she may have to go through the same experience next time she needs to re-enter United States.
In the end, it may be a good idea to consult an experienced Immigration Attorney for a fee. The fee is well worth the relief the information from the attorney may provide. The answer may not be to your liking, but it will be correct information.
Nag
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pappu
06-05 11:26 AM
If you are unable to come to DC, please contribute to this effort by donating funds to immigration voice. It will help us recuperate the costs associated with hosting such a high profile event in Washington DC. If you have not contributed,
click here (http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=25) and please contribute now. This is an effort that helps each and every one of us. Hopes and prayers will not make visa bulletins current. Congressional action will. And congress will act only if we act to advocate our issues and solutions.
Most of us are still in the limbo of green card process and waiting in different stages. Some of us may have advanced to the I-485 stage and have a little more career flexibility but the hanging sword of uncertainty still looms over our heads.
Our angst, our insecurity:
Even with EAD and other options, lack of green card is lack of security and lack of certainty. You know it and you feel it every day. In order to find a permanent fix for the uncertainty, angst and insecurity and in order to snap out of the probationary lifestyle and career, we have to finish what we started over 4 years ago -- get the U.S. Congress to act on this problem and solve it once and for all.
Early effort wins:
The first agenda of next Congress will be immigration and we expect an immigration bill to be debated sometime in early 2011. However, it would be a big mistake to wait until that time to do something about that bill. Successful advocacy efforts are the ones that start early and introduce concepts and ideas into the debate before the legislators write their first draft. Once the committee hearings and debates begin, it is harder to get changes or fixes into a bill because it requires an amendment to the bill in a politically charged and heated atmosphere. Groups and organizations that wait until the last minute to influence members of congress often fail to achieve results. In order to succeed in next year's immigration bill, we have to begin talking to members of congress now. Remember, the advocacy efforts we did with lobby day and rally in Sept 2007 influenced congress to include our provisions in bipartisan bills introduced in Aug 2008. Legislative things take time.
How you can help:
You and help in two different ways:
Join the advocacy effort in DC on June 7th and 8th. (http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1437978-iv-announcement-advocacy-days-in-washington-dc-7th-and-8th-june.html) If you have never done this before, we encourage you to help us with this and join us. Immigration voice will arrange the logistics of setting up meetings and arranging the material for you to take to your Congressmen and Senators. We are expecting about 150 immigration voice members to gather in DC and participate in over 200 meetings with Congressmen and Senators.
Contributing Funds to help finance the effort. (http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1534974-funding-drive-iv-needs-your-support-for-advocacy-events-in-dc.html) You are most welcome to come to DC and join us but if your job demands are such that you cannot take two days off on June 7th and 8th, then you can still contribute to this effort by contributing financially to Immigration Voice. Kindly contribute funds to this effort by clicking on this link (http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1534974-funding-drive-iv-needs-your-support-for-advocacy-events-in-dc.html). You have an obligation to yourself and your family to plant your career in this country once and for all. EAD and AP, if you have them, are not going to cut it. We are not there yet. And we have to finish together what we started together.
Thank you.
Immigration Voice. (ImmigrationVoice.org - Home (http://www.immigrationvoice.org)).
click here (http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=25) and please contribute now. This is an effort that helps each and every one of us. Hopes and prayers will not make visa bulletins current. Congressional action will. And congress will act only if we act to advocate our issues and solutions.
Most of us are still in the limbo of green card process and waiting in different stages. Some of us may have advanced to the I-485 stage and have a little more career flexibility but the hanging sword of uncertainty still looms over our heads.
Our angst, our insecurity:
Even with EAD and other options, lack of green card is lack of security and lack of certainty. You know it and you feel it every day. In order to find a permanent fix for the uncertainty, angst and insecurity and in order to snap out of the probationary lifestyle and career, we have to finish what we started over 4 years ago -- get the U.S. Congress to act on this problem and solve it once and for all.
Early effort wins:
The first agenda of next Congress will be immigration and we expect an immigration bill to be debated sometime in early 2011. However, it would be a big mistake to wait until that time to do something about that bill. Successful advocacy efforts are the ones that start early and introduce concepts and ideas into the debate before the legislators write their first draft. Once the committee hearings and debates begin, it is harder to get changes or fixes into a bill because it requires an amendment to the bill in a politically charged and heated atmosphere. Groups and organizations that wait until the last minute to influence members of congress often fail to achieve results. In order to succeed in next year's immigration bill, we have to begin talking to members of congress now. Remember, the advocacy efforts we did with lobby day and rally in Sept 2007 influenced congress to include our provisions in bipartisan bills introduced in Aug 2008. Legislative things take time.
How you can help:
You and help in two different ways:
Join the advocacy effort in DC on June 7th and 8th. (http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1437978-iv-announcement-advocacy-days-in-washington-dc-7th-and-8th-june.html) If you have never done this before, we encourage you to help us with this and join us. Immigration voice will arrange the logistics of setting up meetings and arranging the material for you to take to your Congressmen and Senators. We are expecting about 150 immigration voice members to gather in DC and participate in over 200 meetings with Congressmen and Senators.
Contributing Funds to help finance the effort. (http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1534974-funding-drive-iv-needs-your-support-for-advocacy-events-in-dc.html) You are most welcome to come to DC and join us but if your job demands are such that you cannot take two days off on June 7th and 8th, then you can still contribute to this effort by contributing financially to Immigration Voice. Kindly contribute funds to this effort by clicking on this link (http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1534974-funding-drive-iv-needs-your-support-for-advocacy-events-in-dc.html). You have an obligation to yourself and your family to plant your career in this country once and for all. EAD and AP, if you have them, are not going to cut it. We are not there yet. And we have to finish together what we started together.
Thank you.
Immigration Voice. (ImmigrationVoice.org - Home (http://www.immigrationvoice.org)).
help43
09-10 10:56 PM
Thanks for your replies and help
Which consulate i need to go if i want to go for stamping.......
http://www.happyschoolsblog.com/i797a-i797b-i797c-difference/
According to above link they are saying i need to go to india for stamping ........
please advise me on this.........
Which consulate i need to go if i want to go for stamping.......
http://www.happyschoolsblog.com/i797a-i797b-i797c-difference/
According to above link they are saying i need to go to india for stamping ........
please advise me on this.........
veda
07-29 08:45 PM
Every one is looking at this forums including usics people.
It is clear that their hands are also tied, when processing millions of applications few mistakes not avoidable.
Let us fight with positive...absolutely not with negative..that will make any one more negative.
Thanks for understanding.
It is clear that their hands are also tied, when processing millions of applications few mistakes not avoidable.
Let us fight with positive...absolutely not with negative..that will make any one more negative.
Thanks for understanding.
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