Sunx_2004
08-01 11:17 AM
Her H1 is valid from Oct. onward, You can still file her status as H4. Apply for EAD and AP also. Hope this help.
Cheers
My wife's current H4 is valid till Nov. She got her H1 also approved from Oct'2007. She checked the status this morning only on USCIS.
I'm applying for I-485 and adding her as spouse. Should I file for her advance parole and put her status as H4 in it? What happens to to her H1 approval, if advanced parole gets approved also. Will she loose her H1 status?
any ideas??
Cheers
My wife's current H4 is valid till Nov. She got her H1 also approved from Oct'2007. She checked the status this morning only on USCIS.
I'm applying for I-485 and adding her as spouse. Should I file for her advance parole and put her status as H4 in it? What happens to to her H1 approval, if advanced parole gets approved also. Will she loose her H1 status?
any ideas??
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maddipati1
02-03 02:27 PM
thank you veni, that is very informative and solid reference.
looks like under 'advanced degree' category, just having a US Masters or foreign equivalent (4+2) is enough. lot of people are under the impression, its MS+3yrs. but the description in USCIS link states just an advanced degree (higher than baccalaureate) is enough. am i reading this right?
BS+5years is equivalent to having an Advanced degree.
But, I think its BS+5yrs, not BS Equivalent + 5 yrs.
I think it can be, but when the job requirement Bachelor Equivalent+ 5Year then it opens up for a wide range.
You can show BS equivalence by 3 yr degree+1 yr degree or 3yr degree + 2 yr degree.....etc
For additional info Please click here (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=816a83453d4a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=816a83453d4a3210VgnVCM100000b92ca60a RCRD) or here (http://www.murthy.com/eb2.html)
looks like under 'advanced degree' category, just having a US Masters or foreign equivalent (4+2) is enough. lot of people are under the impression, its MS+3yrs. but the description in USCIS link states just an advanced degree (higher than baccalaureate) is enough. am i reading this right?
BS+5years is equivalent to having an Advanced degree.
But, I think its BS+5yrs, not BS Equivalent + 5 yrs.
I think it can be, but when the job requirement Bachelor Equivalent+ 5Year then it opens up for a wide range.
You can show BS equivalence by 3 yr degree+1 yr degree or 3yr degree + 2 yr degree.....etc
For additional info Please click here (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=816a83453d4a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=816a83453d4a3210VgnVCM100000b92ca60a RCRD) or here (http://www.murthy.com/eb2.html)
knnmbd
07-14 01:48 PM
EB3 retrog is completely hopeless in next 2 or 3 years unless the legislation release is passed. Lobbying is the only way to influence.
2 to 3 years is just wishful thinking. This is a permanent problem that we are faced with. Not to mention all the delays at the AOS stage including FBI checks and all that jazz. The only hope is the SKIL bill. WE NEED THIS MORE THAN ANY THING ELSE. I think we are at the cross-roads and this bill will well determine our future in this country
2 to 3 years is just wishful thinking. This is a permanent problem that we are faced with. Not to mention all the delays at the AOS stage including FBI checks and all that jazz. The only hope is the SKIL bill. WE NEED THIS MORE THAN ANY THING ELSE. I think we are at the cross-roads and this bill will well determine our future in this country
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snathan
08-18 05:10 PM
If your wife's I-94, which she have received at the time of entering to USA on dependent visa was valid till the date of the starting new the job, she should be fine even if she has not started working on H1 after approval. She has maintained the H4 status during that period as per I-94.
My wife here on H4 and she go H1 but she started job after a while as employer delayed. But her status was valid. Even she told the same to the US counselor New Delhi and she got h1 stamping done. Gap of H1 approval effective date and employment was about 2 months.
If you would ask this question to any attorney, you may get same reply. But asking to attorney is advisable.
This is not the case always...Your wife might be lucky or the IO was kind person. Normally if you can not provide the pay stub in H1B you are out of status. Please read the definition of H1B and you will get clear picture about this.
Also if your wife received the I-94 after the H1B approval, she was in status. Because whichever was the latest I-94 - thats the valid one and in effect. So that might be the reason your wife didnt fave any issue.
My wife here on H4 and she go H1 but she started job after a while as employer delayed. But her status was valid. Even she told the same to the US counselor New Delhi and she got h1 stamping done. Gap of H1 approval effective date and employment was about 2 months.
If you would ask this question to any attorney, you may get same reply. But asking to attorney is advisable.
This is not the case always...Your wife might be lucky or the IO was kind person. Normally if you can not provide the pay stub in H1B you are out of status. Please read the definition of H1B and you will get clear picture about this.
Also if your wife received the I-94 after the H1B approval, she was in status. Because whichever was the latest I-94 - thats the valid one and in effect. So that might be the reason your wife didnt fave any issue.
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tonyHK12
12-02 10:29 AM
As i had indicated earlier, I spoke with my employer, he cannot do anything in terms of lobbying - but has agreed to do things. He will donate to IV and he will write a letter stating that small businesses like ours need to be able to fully utilize the capabilities of the employers...and it helps to have the green card.
Not sure who the letter needs to be addressed to, any suggestions would be helpful.
We can use all the help we can get. Could you send details of this to our moderators StarSun and Pappu.
I will also indicate this to our admins at Donor forum to check how they can best use your employer's help and get back.
Not sure who the letter needs to be addressed to, any suggestions would be helpful.
We can use all the help we can get. Could you send details of this to our moderators StarSun and Pappu.
I will also indicate this to our admins at Donor forum to check how they can best use your employer's help and get back.
LostInGCProcess
08-25 12:33 PM
>> even if she gets a 221(g) at the consulate can she return to US with the AP she has?
Yes. But she may need to use EAD in that case. Please check with your lawyer.
_________________
Not a legal advise.
Okay!! I'll have to ask a lawyer then...But most often I get good answers here in the IV forum, then asking the attorney...sometimes, i personally feel, they are not all that good with answers.
Yes. But she may need to use EAD in that case. Please check with your lawyer.
_________________
Not a legal advise.
Okay!! I'll have to ask a lawyer then...But most often I get good answers here in the IV forum, then asking the attorney...sometimes, i personally feel, they are not all that good with answers.
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GCBy3000
09-19 07:16 PM
I have heard such cases and as per law, you are responsible to bring it to the USCIS notice about their mistake. Since you have one more month left, it is better to work with your attorney to iron out this issue. Make sure you bring this to UCSIS notice.
TO get 3 year extension your attorney needs to file the copy of approved 140along with the request for H1b extension. Make sure to ask for H4 also if you have one.
TO get 3 year extension your attorney needs to file the copy of approved 140along with the request for H1b extension. Make sure to ask for H4 also if you have one.
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chrisj
01-18 02:09 PM
All the written agreements are valid in most of the states. but you can argue on the terms of agreement. He cannot ask her to stay in the company for 4 years. If she works in that company for 1 year, her employer should recover all the money he spent on her.
The best way is to work there for 1 or 2 years and walk out without paying anything. Or just pay the filing fee and get out right away.
The best way is to work there for 1 or 2 years and walk out without paying anything. Or just pay the filing fee and get out right away.
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memyselfandus
08-22 09:37 PM
I have used for all of H1B and also for complete Green Card Processing. If it is just anything after I-140; they charge about $600 rest of the processing.
You always get a response within a day from its director John Dorer.
You can reach them at info@usavisanow.com
Can I have some recommendations for good attorney?
You always get a response within a day from its director John Dorer.
You can reach them at info@usavisanow.com
Can I have some recommendations for good attorney?
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sanjay02
08-22 03:07 PM
Doesnt make sense to pay $2500 for retaining the lawyer, they are trying to squeeze maximum out of you. If you are changing employer ask if the new company has an immigration lawyer and you can have him for your services. If they dont have any one you can engage services of your own immigration lawyer and have the new lawyer sign the G-28 form. Also please post the name of law firm and your employer so that others can be cautious.
I am changing my employer and wanted to retain the services of legal firm representing current employer. Upon asking that I want to retain their services after I leave current employer, I have been told to pay upfront retainer fee of $2500.
- Is it normally the case? I have been told that this fee will be put in my account with the firm and used to pay the charges for the services I request.
- If with God's grace my case is approved without requiring attorney's help, is this retainer refundable in full (I have asked attorney this question and waiting for thier reply). Anybody has a similar experience.
I am changing my employer and wanted to retain the services of legal firm representing current employer. Upon asking that I want to retain their services after I leave current employer, I have been told to pay upfront retainer fee of $2500.
- Is it normally the case? I have been told that this fee will be put in my account with the firm and used to pay the charges for the services I request.
- If with God's grace my case is approved without requiring attorney's help, is this retainer refundable in full (I have asked attorney this question and waiting for thier reply). Anybody has a similar experience.
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satyasaich
01-27 07:02 AM
US needs EB1 and Ph.Ds
Others not contribute as much
Looks like you are EB1, but your comments are reflecting mindset of uneducated person / so many members of congress and senate of this country.
What a pity
But for sure, i'm happy to see something related to EB immigration is addressed ( no matter which 'category' that is)
Others not contribute as much
Looks like you are EB1, but your comments are reflecting mindset of uneducated person / so many members of congress and senate of this country.
What a pity
But for sure, i'm happy to see something related to EB immigration is addressed ( no matter which 'category' that is)
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chanduv23
09-04 04:14 PM
Remember, the NOID/RFE goes to your Attorney if you have submitted G-28 form. If not, it comes to you.
Usually they send 2 copies - one to your home address and another to your Attorney. Always make sure your current address is on file with USCIS
Usually they send 2 copies - one to your home address and another to your Attorney. Always make sure your current address is on file with USCIS
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WillIBLucky
12-22 01:48 PM
I did not say that you cannot. I only said if the previous I140 was revoked due to fraud by USICS then you cannot port the PD to your new application.
Yes even if the I140 is cancelled by previous employer but was clean then you can still use the PD with your new application.
Check in the Sheela murthy chat session dated : December 18, 2006 and search for "my employer cancels I-I40?"
Looks like we can port the priority date ..., even our employers cancels I-140....
Yes even if the I140 is cancelled by previous employer but was clean then you can still use the PD with your new application.
Check in the Sheela murthy chat session dated : December 18, 2006 and search for "my employer cancels I-I40?"
Looks like we can port the priority date ..., even our employers cancels I-140....
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immigrationvoice1
02-27 02:23 PM
Hope this documents appears in the sites run by the "anti-employment based immigrants" supporters.
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b2visahelp
07-09 04:41 PM
1. My parents included their Indonesian bank statement in rupiah. And they went to US embassy in Jakarta, their hometown. Does it make a difference to go to other city after they got rejected twice? If so, which one?
2. I had never gone back to Indonesia since I got the asylum. I'm not supposed to although I have already got my greencard. In fact, VO asked them if I ever went back to Indonesia. And my parents said no.
3. I didn't include my US bank statement because my parents self-sponsor themselves. I don't have much anyway to sponsor them.
Please let me know your advice. Thank you so much.
2. I had never gone back to Indonesia since I got the asylum. I'm not supposed to although I have already got my greencard. In fact, VO asked them if I ever went back to Indonesia. And my parents said no.
3. I didn't include my US bank statement because my parents self-sponsor themselves. I don't have much anyway to sponsor them.
Please let me know your advice. Thank you so much.
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geesee
07-20 09:18 AM
I searched for IV on orkut and got three communities back, one with 2 members and two empty.. which one are we joining?
Search for one word - ImmigrationVoice
Search for one word - ImmigrationVoice
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Raju
06-13 08:59 AM
I am currently on OPT but it expires in three weeks. I will be forced to go back to F1 status since H1B was real bad this year.
My question is: If I go back to F1 status and then find a research position at a non-profit org/institute of higher education, is it possible for me to file for H1B being on student status??
CAN SOMEONE PLEASE HELP??!!
Yes you can.
My question is: If I go back to F1 status and then find a research position at a non-profit org/institute of higher education, is it possible for me to file for H1B being on student status??
CAN SOMEONE PLEASE HELP??!!
Yes you can.
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dc4opera
05-18 11:27 PM
I need some advice from the people on this board.
My labor certification was recently approved via PERM. My employer will soon be signing the paperwork to file the I-140 with INS. My contract with him expires in February 2007, and he wants me to continue working for him beyond that. I, however, have expressed my desire NOT to stay with him any longer than I need to. Obviously, I will need to stay until 6 months have passed from the filing of my I-485 for portability to kick in.
Because of this, he wants me to WAIT until January 2007 to file my I-485. This way he is assured that I will be working for him until June 2007. My question is, does he have any right to coerce me to wait until January 2007 to file the I-485?
I initially agreed to this delay in filing because I was under the impression that BOTH the I-140 and I-485 were to be filed by the employer, and that I-485 processing took about 6 months. Now that I have learned that the I-485 is to be filed by me and that I-485 processing can take more than a year, are there any downsides to me filing the I-485 earlier than January 2007 WITHOUT MY EMPLOYER KNOWING?
I realize that "honesty is the best policy" but the situation is truly untenable for me and I feel that he is purposely delaying the processing of my INS papers to keep me at his mercy. Another factor to consider is that the lawyer we will be using for the I-140 will be the same one who will file my I-485. Can I invoke attorney-client privilege with regards to the I-485 so that they cannot tell my employer that I filed it earlier than he wanted? For that matter, can I use a different lawyer to file the I-485 that the one who filed the I-140?
Any opinions and suggestions regarding this matter will be greatly appreciated. Thank you very much and good luck to all!
My labor certification was recently approved via PERM. My employer will soon be signing the paperwork to file the I-140 with INS. My contract with him expires in February 2007, and he wants me to continue working for him beyond that. I, however, have expressed my desire NOT to stay with him any longer than I need to. Obviously, I will need to stay until 6 months have passed from the filing of my I-485 for portability to kick in.
Because of this, he wants me to WAIT until January 2007 to file my I-485. This way he is assured that I will be working for him until June 2007. My question is, does he have any right to coerce me to wait until January 2007 to file the I-485?
I initially agreed to this delay in filing because I was under the impression that BOTH the I-140 and I-485 were to be filed by the employer, and that I-485 processing took about 6 months. Now that I have learned that the I-485 is to be filed by me and that I-485 processing can take more than a year, are there any downsides to me filing the I-485 earlier than January 2007 WITHOUT MY EMPLOYER KNOWING?
I realize that "honesty is the best policy" but the situation is truly untenable for me and I feel that he is purposely delaying the processing of my INS papers to keep me at his mercy. Another factor to consider is that the lawyer we will be using for the I-140 will be the same one who will file my I-485. Can I invoke attorney-client privilege with regards to the I-485 so that they cannot tell my employer that I filed it earlier than he wanted? For that matter, can I use a different lawyer to file the I-485 that the one who filed the I-140?
Any opinions and suggestions regarding this matter will be greatly appreciated. Thank you very much and good luck to all!
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andy_traps
03-26 07:31 PM
Hi,
Does anyone know if people on H4 are allowed to work unpaid? For example, can a person on an H4 visa file for an H1B visa with a start date of October 1st, 2007 but work on a volunteer basis (i.e., unpaid) at the same job while waiting for the H1B to come?
Thanks,
Andy
Does anyone know if people on H4 are allowed to work unpaid? For example, can a person on an H4 visa file for an H1B visa with a start date of October 1st, 2007 but work on a volunteer basis (i.e., unpaid) at the same job while waiting for the H1B to come?
Thanks,
Andy
onemorecame
08-21 04:12 PM
Interview is not mandatory for I485. Only a small percentage gets the interview call.
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Bpositive
01-03 01:23 PM
I am trying to get a handle on recent 221g processing times..it seems like a routine exercise and we are submitting the requested information..however, if it is delayed for too long, we may use advance parole..
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