desi3933
01-14 12:02 PM
My wife came to USA in 2002 on H4.She changed from H4 to H1 in 2004 Nov.Since then she worked continuously till now (Jan 2009).Now she's planning to take a break and change back to H4.If she wants to work again sometime in future maybe after a couple of years will she come under quota?Does she have to apply for a new H1 or can she work the remaining 2 yrs left on her H1?We missed the bus and could not apply for 485 in July.
Thanks to any suggestions.
>> Now she's planning to take a break and change back to H4.
File for change of status to H4.
>> If she wants to work again sometime in future maybe after a couple of years will she come under quota?
Since she got H1 status first time in Nov 2004, she can have H1 transfer without quota only until Nov 2010. After that her H4-to-H1 will be subject to cap.
__________________________
Not a legal advice.
US Citizen of Indian Origin
Thanks to any suggestions.
>> Now she's planning to take a break and change back to H4.
File for change of status to H4.
>> If she wants to work again sometime in future maybe after a couple of years will she come under quota?
Since she got H1 status first time in Nov 2004, she can have H1 transfer without quota only until Nov 2010. After that her H4-to-H1 will be subject to cap.
__________________________
Not a legal advice.
US Citizen of Indian Origin
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prince40
03-15 10:20 PM
concurrent filing means filing of I-140 and I-485 together not two I-140s.
why do you want to put false data on your profile? such as EB1 at Perm stage with 2000 priority date?
Are you trying to mock all the IV members? Or just being silly?
by concurrent i meant can you file two i-140s under the same EB2 category [regular and NIW] at the same time??
P.S.-regarding my profile that's the default setting w.r.t priority date etc when i set up my account., trying to edit this
why do you want to put false data on your profile? such as EB1 at Perm stage with 2000 priority date?
Are you trying to mock all the IV members? Or just being silly?
by concurrent i meant can you file two i-140s under the same EB2 category [regular and NIW] at the same time??
P.S.-regarding my profile that's the default setting w.r.t priority date etc when i set up my account., trying to edit this
spicy_guy
06-15 11:33 AM
1 million? I thought 140K is max per year.
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zedric03
08-04 09:33 PM
that's the term I was looking for, "virtual border"... so... can you help me sir?
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amitga
09-13 10:25 AM
Those who are planning to park cars at meto station, please reach the station early in the morning. The parking at metro station will get filled up quickly.
Also keep the details of nearest park and ride lot, so that if the parking at the station is full, then you can park at park and ride lots
Also keep the details of nearest park and ride lot, so that if the parking at the station is full, then you can park at park and ride lots
ashutrip
09-05 11:12 PM
my gc is filed under eb3 India PD march 2007
is it true i cant be promoted till GC comes through &
is it true my salary cant be raised beyond a certain point
is it true i cant be promoted till GC comes through &
is it true my salary cant be raised beyond a certain point
more...
rajeshalex
08-15 09:05 AM
Hi,
Company B has applied for I-140 and 485 because you will work with them for a min of 6 to 12 months after getting GC.
So its not required for you to join them if they have already submitted I-140 and 485. You can say that you will join them after getting GC.
And if the 485 takes more than 180 days for the approval from the receipt date you can apply the AC21 portability rule and submit a new employment offer from anycompany and you can join that company.(Provided I-140 is approved and if I-140 is pending for more than 180 days then you can port the I-140 priority date by restarting the whole GC process)
Above is the knowledge I got from IV and google.
So u dont need to worry and join the company B, but keep them happy since they have to respond to all RFE till I-140 is approved.
Rajesh Alex
Company B has applied for I-140 and 485 because you will work with them for a min of 6 to 12 months after getting GC.
So its not required for you to join them if they have already submitted I-140 and 485. You can say that you will join them after getting GC.
And if the 485 takes more than 180 days for the approval from the receipt date you can apply the AC21 portability rule and submit a new employment offer from anycompany and you can join that company.(Provided I-140 is approved and if I-140 is pending for more than 180 days then you can port the I-140 priority date by restarting the whole GC process)
Above is the knowledge I got from IV and google.
So u dont need to worry and join the company B, but keep them happy since they have to respond to all RFE till I-140 is approved.
Rajesh Alex
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alien2006
11-06 11:34 AM
I am not an immigration expert, but don't you need to show spouse's valid H1 visa to get a H4 visa? ... Unless both spouses are applying for their respective visas at the same time.
more...
sangmami
09-27 04:46 PM
Hi,
is it absolutely safe to travel with pending i 485 app with valid h1b stamping with receipt notice and completed fp.?we are kind of confuded whether to plan for the travel...We have not yet received the actual advance parole. i read somwhere that if u leave the country wth pending i 485 but without ap ur appl is considered abandoned.is this true.?..we have the option to change the trip to apr too.In a nutshell is it completely safe to travel on 485 pending appl without ap with valid stamping.?:confused:
Has any1 wth the same situation has gone and come back without any issues?
Gurus ur input s greatly appreciated.
Thanks
is it absolutely safe to travel with pending i 485 app with valid h1b stamping with receipt notice and completed fp.?we are kind of confuded whether to plan for the travel...We have not yet received the actual advance parole. i read somwhere that if u leave the country wth pending i 485 but without ap ur appl is considered abandoned.is this true.?..we have the option to change the trip to apr too.In a nutshell is it completely safe to travel on 485 pending appl without ap with valid stamping.?:confused:
Has any1 wth the same situation has gone and come back without any issues?
Gurus ur input s greatly appreciated.
Thanks
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pointlesswait
10-07 04:38 PM
to port ur PD u shoudl have ur 140 approved from the first filing!
You can port PD only by sending in the previous approved 140 with the new 140 and request for interfiling!
gurus will correct me if i am wrong!
First time I applied Labor Certification (LC) in 2004(pending, not approved or denied) and second time I applied on PERM without porting the first Labor application date with same company, same catagory(EB3) and same job description which approved with PD Feb 2006. I applied 485 on july last year when all PD were current.
Question: Can I port my PD from the first Labor application date now.
You can port PD only by sending in the previous approved 140 with the new 140 and request for interfiling!
gurus will correct me if i am wrong!
First time I applied Labor Certification (LC) in 2004(pending, not approved or denied) and second time I applied on PERM without porting the first Labor application date with same company, same catagory(EB3) and same job description which approved with PD Feb 2006. I applied 485 on july last year when all PD were current.
Question: Can I port my PD from the first Labor application date now.
more...
vrbest
11-21 08:07 AM
Hi, Sorry if this has been asked already.. I am on H1B and the primary applicant... Can I change my SSN to remove "Work with Authorization only" statement on SSN by using EAD?
I am planning to stay on H1B and I dont want to invalidate H1B by doing this.
Thanks in advance!
I am planning to stay on H1B and I dont want to invalidate H1B by doing this.
Thanks in advance!
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gc_hanged
01-05 06:22 AM
After The Fall: Making Sense Out Of Sensenbrenner by Gary Endelman (http://www.ilw.com/articles/2006,0104-endelman.shtm#bio)
Now we know how Tom Paine felt at Valley Forge. It has been a cold December for those who think immigration is good for America. On December 16th, the House of Representatives approved the Border Protection, Antiterrorism and Illegal Immigration Control Act of 2005(H.R.4437), perhaps the most draconian bill of recent memory, and, a mere three days later, the House approved an agreement with the Senate on a comprehensive budget reconciliation package stripped bare of any pro-immigration provisions. While there is some satisfaction in the fact that the House did not get the higher L fees that it sought, this is cold comfort. Truth be told, it was a tough week, the worst in a long time, and the shock among pro-immigration circles, both on Capitol Hill and beyond, is palpable.
Removal of Section 8001 from the Budget Reconciliation Conference Report can be a temporary setback if we play our cards right. Congressman Sensenbrenner has long and loudly proclaimed that he is not against all immigration, just the illegal variety. Fine. Let�s take him at his word. He is, after all, the architect of the new E-3 visa that enables 10,500 Australians to get around the H-1B cap. Congressman Sensenbrenner has his enforcement-only bill now so he should be prepared to support us when we seek to attach Section 8001 to broadly bipartisan legislation in the upcoming session of Congress. If Congressman Sensenbrenner means what he says, and he usually does, this might be a golden opportunity to bring Section 8001 back to life.
Source: www.ilw.com (http://www.ilw.com)
Now we know how Tom Paine felt at Valley Forge. It has been a cold December for those who think immigration is good for America. On December 16th, the House of Representatives approved the Border Protection, Antiterrorism and Illegal Immigration Control Act of 2005(H.R.4437), perhaps the most draconian bill of recent memory, and, a mere three days later, the House approved an agreement with the Senate on a comprehensive budget reconciliation package stripped bare of any pro-immigration provisions. While there is some satisfaction in the fact that the House did not get the higher L fees that it sought, this is cold comfort. Truth be told, it was a tough week, the worst in a long time, and the shock among pro-immigration circles, both on Capitol Hill and beyond, is palpable.
Removal of Section 8001 from the Budget Reconciliation Conference Report can be a temporary setback if we play our cards right. Congressman Sensenbrenner has long and loudly proclaimed that he is not against all immigration, just the illegal variety. Fine. Let�s take him at his word. He is, after all, the architect of the new E-3 visa that enables 10,500 Australians to get around the H-1B cap. Congressman Sensenbrenner has his enforcement-only bill now so he should be prepared to support us when we seek to attach Section 8001 to broadly bipartisan legislation in the upcoming session of Congress. If Congressman Sensenbrenner means what he says, and he usually does, this might be a golden opportunity to bring Section 8001 back to life.
Source: www.ilw.com (http://www.ilw.com)
more...
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nikhilarora
10-07 05:24 PM
Hi All,
I transferred my H1B from Company A to Company B. Currently i am working with Company B, but my Company -B's H1B Application is Still in Pending.
Now i would like to do the COS from Company B(pending H1B) to F1 as I already received I-20 from the University for the Spring 2010.
Case Description: Assume that, we applied Change of Status from H1B to F1 and it is in pending status.
Case i : what happens to my Pending H1B Application with the Company B.
Case ii : What happens if my H1B with Company B gets approved/Denied, when COS from H1B to F1 is pending.
Case iii: what happens if my H1B to F1 Change of Status gets denied.
Appreciate your valuable answers.
I transferred my H1B from Company A to Company B. Currently i am working with Company B, but my Company -B's H1B Application is Still in Pending.
Now i would like to do the COS from Company B(pending H1B) to F1 as I already received I-20 from the University for the Spring 2010.
Case Description: Assume that, we applied Change of Status from H1B to F1 and it is in pending status.
Case i : what happens to my Pending H1B Application with the Company B.
Case ii : What happens if my H1B with Company B gets approved/Denied, when COS from H1B to F1 is pending.
Case iii: what happens if my H1B to F1 Change of Status gets denied.
Appreciate your valuable answers.
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zeeshanbutt4
02-03 09:59 AM
Mr. karachi wala i have same stiuation , i am currently in us and AP in hand and want to marry there in home country. bring my wife on H-4 and come back to us on AP .
please respond if you already done it sucessfully or you are still in usa. i will really appriciate that.
thanks
please respond if you already done it sucessfully or you are still in usa. i will really appriciate that.
thanks
more...
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MrHyderabad
12-22 02:41 PM
Gordon's America COMPETES reauthorized | tennessean.com | The Tennessean (http://www.tennessean.com/article/D4/20101221/NEWS01/101221015/Gordon+s+America+COMPETES+reauthorized)
The U.S. House of Representatives concurred today with the Senate Amendment to H.R. 5116, America COMPETES Reauthorization Act of 2010 by a bipartisan vote of 228 to 130.
The bill aims to maintain national economic and scientific leadership by: supporting basic research; improving science, technology, engineering, and math (STEM) education; and fostering innovation, especially the development of new energy technologies.
The U.S. House of Representatives concurred today with the Senate Amendment to H.R. 5116, America COMPETES Reauthorization Act of 2010 by a bipartisan vote of 228 to 130.
The bill aims to maintain national economic and scientific leadership by: supporting basic research; improving science, technology, engineering, and math (STEM) education; and fostering innovation, especially the development of new energy technologies.
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robyr77
04-22 07:16 PM
Last October I hired a lawyer for an AOS ( I-485 ) and the I-130 and I-131 forms.
Obviously I did it because I did not have any knowledge about immigration matters.
In Novembre 2007 he did contact me telling me I needed the I-765 form to legally work in the country, so I did fill the form sending it in his office by mail.
He told me he sent the form in the first week of December 2007.
Ok now this is the situation :
I never get by mail the notice of action about the form I-765 and what concern me the most is that I still did not get the permit to work.
I periodically check the processing time cases from the USCIS' website, and I have seen that USCIS (NEW YORK area ) already processed the I-765 forms for the complete month of December, does anyone know if Uscis is having problem processing EADs....I am really worried that something did not go through... probably it's just normal to have so many questions but recently I think about that all the time.
Oh guys one more thing...I paid this lawyer thousand and thousand of dollars.
I realized reading the USCIS website that if you fill the form I-485 you are not required to pay the $ 340 fee for the I-765 form . Last November he asked me to send him a check for the EAD fee. When I told him that last time i spoke with him by phone he said he did know that , then he told me that he just had moved from his old office to a new one so my case was in storage, in storage ?? My case is still pending and he put it in storage, i am so disappointed ...unbelievable this lack of professionality.
I should have do it by myself at least now I would have money to buy a nice used car.
Thank you all for reading
Obviously I did it because I did not have any knowledge about immigration matters.
In Novembre 2007 he did contact me telling me I needed the I-765 form to legally work in the country, so I did fill the form sending it in his office by mail.
He told me he sent the form in the first week of December 2007.
Ok now this is the situation :
I never get by mail the notice of action about the form I-765 and what concern me the most is that I still did not get the permit to work.
I periodically check the processing time cases from the USCIS' website, and I have seen that USCIS (NEW YORK area ) already processed the I-765 forms for the complete month of December, does anyone know if Uscis is having problem processing EADs....I am really worried that something did not go through... probably it's just normal to have so many questions but recently I think about that all the time.
Oh guys one more thing...I paid this lawyer thousand and thousand of dollars.
I realized reading the USCIS website that if you fill the form I-485 you are not required to pay the $ 340 fee for the I-765 form . Last November he asked me to send him a check for the EAD fee. When I told him that last time i spoke with him by phone he said he did know that , then he told me that he just had moved from his old office to a new one so my case was in storage, in storage ?? My case is still pending and he put it in storage, i am so disappointed ...unbelievable this lack of professionality.
I should have do it by myself at least now I would have money to buy a nice used car.
Thank you all for reading
more...
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srinivasj
11-02 03:35 PM
Hi,
I know this has been discussed a lot but I need advise or suggestions..
I am under Eb2 with priority date of Jan 2007 (labor and I140 approved) waiting for date to be current so that I can file I485 AOS....
My wife wants to convert from H4 to F1 for coming Spring 2011 so that she can take assistantship..
Is it advisable to change status to F1 with priority date so close..? does it cause any problems for her I485 application since F1 status is Non-immigrant category..
Please advise..
I know this has been discussed a lot but I need advise or suggestions..
I am under Eb2 with priority date of Jan 2007 (labor and I140 approved) waiting for date to be current so that I can file I485 AOS....
My wife wants to convert from H4 to F1 for coming Spring 2011 so that she can take assistantship..
Is it advisable to change status to F1 with priority date so close..? does it cause any problems for her I485 application since F1 status is Non-immigrant category..
Please advise..
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Blog Feeds
03-19 10:40 AM
U.S. Citizenship and Immigration Services (USCIS) announced today that it will begin accepting H-1B petitions (http://www.h1b.biz/lawyer-attorney-1137085.html) subject to the fiscal year (FY) 2011 cap on April 1, 2010. Cases will be considered accepted on the date that USCIS takes possession of a properly filed petition with the correct fee; not the date that the petition is postmarked.
The fiscal year cap (numerical limitation on H-1B petitions (http://www.h1b.biz/lawyer-attorney-1137085.html)) for FY 2011 is 65,000. Additionally, the first 20,000 H-1B petitions filed on behalf of individuals who have earned a U.S. master�s degree or higher are exempt from the H-1B cap.
USCIS will monitor the number of petitions received and will notify the public of the date on which USCIS received the necessary number of petitions to meet the H-1B cap. If needed, USCIS will randomly select the number of petitions required to reach the numerical limit from the petitions received on the final receipt date. USCIS will reject cap-subject petitions that are not selected, as well as those received after the final receipt date.
We recommend employers to hurry up and get all the necessary documents in order to meet the April 1, 2010 deadline.
Read the Press Release here.... (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=5b29dd1d5fd37210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
More... (http://www.visalawyerblog.com/2010/03/uscis_to_accept_h1b_petitions.html)
The fiscal year cap (numerical limitation on H-1B petitions (http://www.h1b.biz/lawyer-attorney-1137085.html)) for FY 2011 is 65,000. Additionally, the first 20,000 H-1B petitions filed on behalf of individuals who have earned a U.S. master�s degree or higher are exempt from the H-1B cap.
USCIS will monitor the number of petitions received and will notify the public of the date on which USCIS received the necessary number of petitions to meet the H-1B cap. If needed, USCIS will randomly select the number of petitions required to reach the numerical limit from the petitions received on the final receipt date. USCIS will reject cap-subject petitions that are not selected, as well as those received after the final receipt date.
We recommend employers to hurry up and get all the necessary documents in order to meet the April 1, 2010 deadline.
Read the Press Release here.... (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=5b29dd1d5fd37210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
More... (http://www.visalawyerblog.com/2010/03/uscis_to_accept_h1b_petitions.html)
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logiclife
07-03 06:40 PM
This is no news. Bilbray and his HIRC (founded by Tancredo) are engaging in tough talk and rhetoric knowing full well that Pelosi is not going to put CIR on House agenda.
This is just tough talk with no plans or intention to act. Nothing to see here folks. Back to 485 issues.
This is just tough talk with no plans or intention to act. Nothing to see here folks. Back to 485 issues.
loku
10-02 12:57 AM
I been working on H1-B for sometime. My project ended 3 months ago and I had been unpaid since then. My H1-B expired on Sep 30, 2009. My company applied for H1-B extension in June but got a RFE due to lack of evidence. Cmpany replied to the RFE. The status has been pending since then. On Sep 19, I got an offer from another company. The new company filed for premium processing for H1-B transfer and the transfer application got approved with starting date of September 24. I haven't got my new approved I-797 yet.
I joined the new company on Sep 29 but haven't notified her old employer yet and hence they didn't withdraw my application. My immigration is underway and I have got an approved I-140 from my previous employer. That is the reason I didn't notify them as I don't want to stop that process. It is my intention to move back to my old employer if my visa extension is approved so that I don't have to refile for Green card.
Now the question is what will happen in these scenario and purportedly 'Last Action rule' of USCIS:
1) If my Visa extension gets accepted, which VISA will hold good, the H1 ext with original employer or H1-B transferred visa with new employer as the H1-ext will be the last decision by USCIS ? Where should I report for work. Can I chose among these two employers who I want to work for?
2) If my visa extension gets rejected, will my transferred VISA still hold good ? Will I need to do anything in that scenario i.e. need to go out of country and get my visa stamped ?
What is my best course of action.
Any help will be really appreciated.
I joined the new company on Sep 29 but haven't notified her old employer yet and hence they didn't withdraw my application. My immigration is underway and I have got an approved I-140 from my previous employer. That is the reason I didn't notify them as I don't want to stop that process. It is my intention to move back to my old employer if my visa extension is approved so that I don't have to refile for Green card.
Now the question is what will happen in these scenario and purportedly 'Last Action rule' of USCIS:
1) If my Visa extension gets accepted, which VISA will hold good, the H1 ext with original employer or H1-B transferred visa with new employer as the H1-ext will be the last decision by USCIS ? Where should I report for work. Can I chose among these two employers who I want to work for?
2) If my visa extension gets rejected, will my transferred VISA still hold good ? Will I need to do anything in that scenario i.e. need to go out of country and get my visa stamped ?
What is my best course of action.
Any help will be really appreciated.
ZeroComplexity
11-25 06:25 PM
Looks like you have too many people checking status at your company :)
Remember USCIS server sees the IP address of the proxy...
I can understand if someone is calling too many times. Looks like the USCIS computers are also feeling fed up. :p
Check the message I got when I was trying to see the details of my case online
"It was reported to us that your IP address or internet gateway has been locked out for a select period of time. This is due to an unusually high rate of use. In order to avoid this issue, please create a Customer account (single applicant) or a Representative account (representing many individuals)."
I am logging in after many days and I was checking it for the first time today
Remember USCIS server sees the IP address of the proxy...
I can understand if someone is calling too many times. Looks like the USCIS computers are also feeling fed up. :p
Check the message I got when I was trying to see the details of my case online
"It was reported to us that your IP address or internet gateway has been locked out for a select period of time. This is due to an unusually high rate of use. In order to avoid this issue, please create a Customer account (single applicant) or a Representative account (representing many individuals)."
I am logging in after many days and I was checking it for the first time today
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