jaggu bhai
08-10 08:42 AM
Friends
This is my situation
My I 140 approved, my status is F1 COS to H1 B
My wife situation, B1 (Visitor) COS to H4.
Now we r planning to change my wife status from H4 TO F1.
Can anyone with their experience suggest How complicated is my Case!!!!
Can we file COS by ourself or do you suggest to Hire an Attorney.
Pl advice
Thanks
This is my situation
My I 140 approved, my status is F1 COS to H1 B
My wife situation, B1 (Visitor) COS to H4.
Now we r planning to change my wife status from H4 TO F1.
Can anyone with their experience suggest How complicated is my Case!!!!
Can we file COS by ourself or do you suggest to Hire an Attorney.
Pl advice
Thanks
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aspirant_1
07-22 09:34 PM
5 start rating
satya1234
03-29 08:49 PM
Thanks you very much for the reply.I appreciate.
Yes, Thats perfectly right.
Extension with Employer A is pending, reason is Security CheckThats what i was told and can't be done any thing untill they get back).
Yeah I am planning to go to India and try to get stamped there. But am just wondering that as the Extension with Employer A is in security check so does this cause any issues/delay in giving Visa in india.
Yes, Thats perfectly right.
Extension with Employer A is pending, reason is Security CheckThats what i was told and can't be done any thing untill they get back).
Yeah I am planning to go to India and try to get stamped there. But am just wondering that as the Extension with Employer A is in security check so does this cause any issues/delay in giving Visa in india.
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Munna Bhai
07-12 09:48 AM
Yes, you can. You can switch to H4 and back to H1 without worrying about the Cap limitation. The only point that is little hazy is how long can you stay on a H4 before you can get back to H1 without the cap limitation kicking in. As the H1 is given in 3 year installments, would you have to get back to your H1 before that 3 year period ends, if in the middle of that period you had switched to H4?
Say, you had obtained your H1 in Jan 2007 and is good until Jan 2010 (3 years allotment), and you switched to H4 in Dec 2007 using up 1 year of your H1. I think that you can switch back to H1 without the cap limitation ONLY until Jan 2010 and your new papers will give you another 3 years of the remaining 5 years of your H1.
Let me know what you find. Good luck.
One person just told me that, I can switch to H4 but I will be subjected to Cap since my spouse is in H1b non-profit.
Currently my H1b extension is based on i-140 approval(3 years), will same rule apply to my case.
Say, you had obtained your H1 in Jan 2007 and is good until Jan 2010 (3 years allotment), and you switched to H4 in Dec 2007 using up 1 year of your H1. I think that you can switch back to H1 without the cap limitation ONLY until Jan 2010 and your new papers will give you another 3 years of the remaining 5 years of your H1.
Let me know what you find. Good luck.
One person just told me that, I can switch to H4 but I will be subjected to Cap since my spouse is in H1b non-profit.
Currently my H1b extension is based on i-140 approval(3 years), will same rule apply to my case.
more...
kumar26fl
09-21 08:58 PM
Hi all,
Since we have close to 6000 members now, let each one of us make a goal to bring one new member to IV. Bringing just one new member by each of the existing members will double the IV membership. Simple Math, huh :D
Time: Sooner the better. Keep a goal to take a week to bring one new member.
Now the new members make a goal of bringing one additional new member. That will be their goal. Create a ripple effect. Apply compounding theory. We then sure are going to reach great membership numbers.
No one will believe if you say that you cannot bring one new member being in USA. No excuses. Not asking too much, please just bring one new member and enjoy the results!
Thanks
Since we have close to 6000 members now, let each one of us make a goal to bring one new member to IV. Bringing just one new member by each of the existing members will double the IV membership. Simple Math, huh :D
Time: Sooner the better. Keep a goal to take a week to bring one new member.
Now the new members make a goal of bringing one additional new member. That will be their goal. Create a ripple effect. Apply compounding theory. We then sure are going to reach great membership numbers.
No one will believe if you say that you cannot bring one new member being in USA. No excuses. Not asking too much, please just bring one new member and enjoy the results!
Thanks
yetanotherguyinline
01-18 09:17 PM
^^^^
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on_h1b_since_1998
02-08 12:51 PM
I am new member to this forum. My friend referred me here.
I have a very unique case scenario and need help if anyone is aware of this.
Background :
I worked for company X which went bankrupt and was absorbed by company Y. 3 months after I started
working for Y I got I-140 approved from company X(not sure how but got it).I had filed for I-140 abt.
2 months before I joined Y(then still an employee of X) and had opted for CP and not AOS(had
the option of concurrent filing but did not use which i regret till date). Since the X case was of
no use now I filed a fresh LC from Y and am still waiting for notification from BPC for recruitment(TR case).
I am planning to use the PD from earlier approved I-140 which is sept. 1999 when my LC gets approved.
Issue :
Last week I received a mail from NVC which was forwarded to me by the previous employers attorney.
The letter's main content says
"THIS LETTER SHALL SERVE AS YOUR NOTIFICATION THAT A VISA NUMBER IS CURRENTLY AVAILABLE.
FAILURE TO PURSUE YOUR VISA APPLICATION BY COMPLYING WITH THE INSTRUCTIONS BELOW WILL COMMENCE
PROCEEDINGS TO TERMINATE YOUR IMMIGRANT VISA REGISTRATION ONE YEAR FROM THE DATE OF THIS LETTER".
It mentions "Section 203(g) of the Immigration and Nationality Act requires the Secretary of State
to terminate the registration of any alien who fails to apply for an immigrant visa within one year
following notification of the availability of a visa number".
Letter is Dated Dec. 3 2006.
Question :
I want to know if this will in anyway prevent me from using my old case PD with my current case?
My interpretation of this is that only the registration with NVC gets cancelled but the
underlying LC and I-140 approved are not affected and I can still use the old PD on my
current case. Pls. help.
I have a very unique case scenario and need help if anyone is aware of this.
Background :
I worked for company X which went bankrupt and was absorbed by company Y. 3 months after I started
working for Y I got I-140 approved from company X(not sure how but got it).I had filed for I-140 abt.
2 months before I joined Y(then still an employee of X) and had opted for CP and not AOS(had
the option of concurrent filing but did not use which i regret till date). Since the X case was of
no use now I filed a fresh LC from Y and am still waiting for notification from BPC for recruitment(TR case).
I am planning to use the PD from earlier approved I-140 which is sept. 1999 when my LC gets approved.
Issue :
Last week I received a mail from NVC which was forwarded to me by the previous employers attorney.
The letter's main content says
"THIS LETTER SHALL SERVE AS YOUR NOTIFICATION THAT A VISA NUMBER IS CURRENTLY AVAILABLE.
FAILURE TO PURSUE YOUR VISA APPLICATION BY COMPLYING WITH THE INSTRUCTIONS BELOW WILL COMMENCE
PROCEEDINGS TO TERMINATE YOUR IMMIGRANT VISA REGISTRATION ONE YEAR FROM THE DATE OF THIS LETTER".
It mentions "Section 203(g) of the Immigration and Nationality Act requires the Secretary of State
to terminate the registration of any alien who fails to apply for an immigrant visa within one year
following notification of the availability of a visa number".
Letter is Dated Dec. 3 2006.
Question :
I want to know if this will in anyway prevent me from using my old case PD with my current case?
My interpretation of this is that only the registration with NVC gets cancelled but the
underlying LC and I-140 approved are not affected and I can still use the old PD on my
current case. Pls. help.
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EB3_SEP04
09-05 08:13 PM
Congratulation to all EB2 who are getting their approvals. Have a wonderful post-GC life :)
When will, we EB3s (India), see some light at the end of the tunnel.
Looks like (in my case) after waiting for more than 5 years it will still take 3-4 years. I am mad :mad:
I personally love and am proficient in Hindi but I don't think we should make this site look like a Desi forum. Even if your post about India, a lot south/east indian people don't speak/understand hindi.
When will, we EB3s (India), see some light at the end of the tunnel.
Looks like (in my case) after waiting for more than 5 years it will still take 3-4 years. I am mad :mad:
I personally love and am proficient in Hindi but I don't think we should make this site look like a Desi forum. Even if your post about India, a lot south/east indian people don't speak/understand hindi.
more...
eb3_nepa
10-26 03:53 PM
But whateverr may be the case sorting top 20 records should not take much time.
Sathyaraj ur talking abt selecting a different top 20 almost on each request. Unless you have a decently powerful system, this can be pretty taxing on the DB. Now this also depends on which column ur sorting on.
Now if i go any further ppl might complain that i am not talking in English anymore.
Sathyaraj ur talking abt selecting a different top 20 almost on each request. Unless you have a decently powerful system, this can be pretty taxing on the DB. Now this also depends on which column ur sorting on.
Now if i go any further ppl might complain that i am not talking in English anymore.
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ramaonline
07-27 02:10 PM
You must first get into EAD status by filing form I9 with your employer. After that you can do a second job part-time or weekends / online etc using ur EAD. EAD allows open employment for your second job - not necessary to be the same as ur current full time job.
H4 holders after getting EAD must apply for SSN. After getting SSN they can do any job full time or part time.
H4 holders after getting EAD must apply for SSN. After getting SSN they can do any job full time or part time.
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deba
02-04 09:25 AM
I am surprised to hear that you were not allowed to board from India. As I mentioned, I have no idea what the procedures are right now. You might run into an official or Airline agent who is not aware of the rules. In my case, I traveled from the US couple of times with AP/Canada PR. First time it was AA/BA and the next time it was AA/Emirates. The checking you will go through will include both immigration and airline staff. If you are transiting thru London Heathrow, you will have to get past a passport check and security screening again to get to your boarding gate. This is where the Airport staff will check your papers. The gate agent will check your papers at the boarding gate and might even issue a different boarding pass. In case you have any doubts, I suggest you take another route or get a visa. The higher cost you might pay by flying Lufthansa for example, will offset the cost of a visa. You don't want to get stranded in any case. Good Luck.
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TomPlate
02-03 02:54 PM
I am going to travel to India.
I am in H1B and have valid Advanced Parole and expired EAD.
What are the documents needed for Advanced Parole in Port Of Entry. Also my lawyer is going to file the EAD this week.
1. 485 Receipt Notice.
2. Copy of 140 Approval Notice.
3. Employment Verification Letter.
Anything else? Please let me know.
I am in H1B and have valid Advanced Parole and expired EAD.
What are the documents needed for Advanced Parole in Port Of Entry. Also my lawyer is going to file the EAD this week.
1. 485 Receipt Notice.
2. Copy of 140 Approval Notice.
3. Employment Verification Letter.
Anything else? Please let me know.
more...
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acsouza
03-20 07:15 PM
Yes I believe the HR department is wrong in this case.
The problem according to them is that they need to verify the picture on the document I provide with the picture that the E-verify system will show.
I am researching this further once I get some more information from DHS I will be arguing with HR again.
Thanks Euclid.
The problem according to them is that they need to verify the picture on the document I provide with the picture that the E-verify system will show.
I am researching this further once I get some more information from DHS I will be arguing with HR again.
Thanks Euclid.
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martinvisalaw
06-15 04:52 PM
Dear Ms. Martin:
Hello. Thank you for your timely and to-the-point reply. I will file for I-485 petition (family-based) as soon as my PD becomes current. A couple of questions:
1. I know for family-based I-485, my sponsor (my father) needs to show financial support through I-864 (Affidavit of Support). What should I do in unlikely case that my father lost his engineer position in his company? My parents actually own their house (no loan, about 250K house) and have decent amount of money for retirement. Is this enough to convince USCIS?
2. National Visa Center sent my father a notice when USCIS transferred the approved I-130 application to NVC. The notice stated case number was assigned and asked us not to make travel arrangements. Obviously, NVC still believes I am aboard because in the I-130 form, my father stated that I was aboard. Should I inform NVC that I am in the country and would like to do AoS instead of CP?
3. I assume that I can apply for EAD/AP along with the family-based I-485. Am I right?
4. Do you have an estimate family-based I-485 processing time? I was told about six month. Is it true?
5. Please give me a fee quote for I-485/EAD/AP?
Thank you so much. I am looking forward to your reply.
Sincerely
1. See this blog post for details about how to satisfy the Affidavit of Support requirements: http://martinvisalaw.blogspot.com/search/label/affidavit%20of%20support.
2. You can file the 485 without directly notifying NVC. CIS will request the file back from NVC, though this might delay the 485 approval a bit.
3. Yes, you can apply for an EAD and AP with the 485.
4. The processing times for I-485s depend on where you will file. Please see this link, since I don't know where you live: https://egov.uscis.gov/cris/jsps/ptimes.jsp;jsessionid=acbL_QZGptL4VhpFeDXgs.
5. I will send you a private message re fees. Thanks for the inquiry.
Hello. Thank you for your timely and to-the-point reply. I will file for I-485 petition (family-based) as soon as my PD becomes current. A couple of questions:
1. I know for family-based I-485, my sponsor (my father) needs to show financial support through I-864 (Affidavit of Support). What should I do in unlikely case that my father lost his engineer position in his company? My parents actually own their house (no loan, about 250K house) and have decent amount of money for retirement. Is this enough to convince USCIS?
2. National Visa Center sent my father a notice when USCIS transferred the approved I-130 application to NVC. The notice stated case number was assigned and asked us not to make travel arrangements. Obviously, NVC still believes I am aboard because in the I-130 form, my father stated that I was aboard. Should I inform NVC that I am in the country and would like to do AoS instead of CP?
3. I assume that I can apply for EAD/AP along with the family-based I-485. Am I right?
4. Do you have an estimate family-based I-485 processing time? I was told about six month. Is it true?
5. Please give me a fee quote for I-485/EAD/AP?
Thank you so much. I am looking forward to your reply.
Sincerely
1. See this blog post for details about how to satisfy the Affidavit of Support requirements: http://martinvisalaw.blogspot.com/search/label/affidavit%20of%20support.
2. You can file the 485 without directly notifying NVC. CIS will request the file back from NVC, though this might delay the 485 approval a bit.
3. Yes, you can apply for an EAD and AP with the 485.
4. The processing times for I-485s depend on where you will file. Please see this link, since I don't know where you live: https://egov.uscis.gov/cris/jsps/ptimes.jsp;jsessionid=acbL_QZGptL4VhpFeDXgs.
5. I will send you a private message re fees. Thanks for the inquiry.
more...
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ikass
05-29 08:18 AM
Hello IV members and leadership team,
I applaud you all for your time and effort in addressing issues that concern our eligibility to work legally and mutually benefit from this country. As we strive to get CIR passed, which has been elusive for years and still struggling at various levels, I was wondering why can`t we work to get small wins. I would like to mention four known ideas that we can push forward and that I believe can be accomplished via small amendments:
1) Temporarily remove Per country quota for Employment -Based Green Card
2) Do not count dependents towards numerical visa count
3) Issue EAD to candidates who have I-140 approved and renew it until Green Card number becomes available.
4) Do not tie EAD to specific company or wait six months in a position to change jobs
This four things can have a quick impact and give us all a temporary relief.
We can try and build advocacy effort to get this done. Especially for the June 7th and 8th advocacy days.
"SMALL CHANGE BIG IMPACT"
Thanks,
Giri
I applaud you all for your time and effort in addressing issues that concern our eligibility to work legally and mutually benefit from this country. As we strive to get CIR passed, which has been elusive for years and still struggling at various levels, I was wondering why can`t we work to get small wins. I would like to mention four known ideas that we can push forward and that I believe can be accomplished via small amendments:
1) Temporarily remove Per country quota for Employment -Based Green Card
2) Do not count dependents towards numerical visa count
3) Issue EAD to candidates who have I-140 approved and renew it until Green Card number becomes available.
4) Do not tie EAD to specific company or wait six months in a position to change jobs
This four things can have a quick impact and give us all a temporary relief.
We can try and build advocacy effort to get this done. Especially for the June 7th and 8th advocacy days.
"SMALL CHANGE BIG IMPACT"
Thanks,
Giri
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purplehazea
01-14 11:57 AM
Dude what are you talking about? The only thing that is linked to Feb 15 is that provision that IV is proposing for 485 filing/H1B increase.
As per immigration-law.com:
01/14/2007: Comprehensive Immigration Reform Legislation Likely Timeline
* Report indicates that the House and Senate special panel has been working hard to work out the new Comprehensive Immigration Reform Legislative bill. As everyone knows, this panel is led by Sen. McCain and S. Kenndy on the Senate side. It appears that the panel is targeting at introducing the bill first by March and pushing to pass the Senate by April, and the House then takes over the Senate passed bill and attempts to pass it quickly. We will have to wait and see whether or not this scenario will work as planned, but because of the changed political landscape, it is general opinion and concensus in the media and political circles that unlike the tragic experiences in the past few years, it will have a much better chance to make it this time on. If it fails to make it through as scheduled, the chance of the bill will turn slimmer because of the emerging 2008 national election politics and heat of passions involving politics. The AgJOBS bill which will legalize approximately 1.5 million farm workers on H-2A visa status currently receives a very strong support from legislators in both sides of the aisle, even though there is some difference between the White House and the Congress when it comes to the details. It is unknown whether this bill will eventually turn into a part of the CIR. AgJOBS bill is already nicknamed "Temporary Guest Worker" bill!
* As for the Appropriation bills for the federal departments other than Defense and DHS, since Continuing Resolution to temporarily fund these departments will expire on February 15, 2007, there is expected some legislative activity to pass some of the minor immigration bills including H-1B reform as part of the appropriation legislative process. Please stay tuned.
Nowadays immigration-law has more up to date information.
As per immigration-law.com:
01/14/2007: Comprehensive Immigration Reform Legislation Likely Timeline
* Report indicates that the House and Senate special panel has been working hard to work out the new Comprehensive Immigration Reform Legislative bill. As everyone knows, this panel is led by Sen. McCain and S. Kenndy on the Senate side. It appears that the panel is targeting at introducing the bill first by March and pushing to pass the Senate by April, and the House then takes over the Senate passed bill and attempts to pass it quickly. We will have to wait and see whether or not this scenario will work as planned, but because of the changed political landscape, it is general opinion and concensus in the media and political circles that unlike the tragic experiences in the past few years, it will have a much better chance to make it this time on. If it fails to make it through as scheduled, the chance of the bill will turn slimmer because of the emerging 2008 national election politics and heat of passions involving politics. The AgJOBS bill which will legalize approximately 1.5 million farm workers on H-2A visa status currently receives a very strong support from legislators in both sides of the aisle, even though there is some difference between the White House and the Congress when it comes to the details. It is unknown whether this bill will eventually turn into a part of the CIR. AgJOBS bill is already nicknamed "Temporary Guest Worker" bill!
* As for the Appropriation bills for the federal departments other than Defense and DHS, since Continuing Resolution to temporarily fund these departments will expire on February 15, 2007, there is expected some legislative activity to pass some of the minor immigration bills including H-1B reform as part of the appropriation legislative process. Please stay tuned.
Nowadays immigration-law has more up to date information.
more...
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lvinaykumar
08-15 07:54 PM
good luck with your green...
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javadeveloper
07-18 10:04 PM
I FOUND THIS URL https://efiling.uscis.dhs.gov/efile/ , can someone pls confirm
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Ramba
04-22 02:19 PM
My lawyer got the RFE notice yesterday....
My LC / I-140 stated that I am an "Electrical Engineering Technician" due to PW concerns at the time of application but my H1-B application said "Applications Engineer (Chemicals Group)". But the job duties were exactly the same word for word. I'm not sure if that is causing the problem. I am being paid significantly more than the LC / 1-140 wage currently. So, lack of ability to pay is not an issue. I have also been continuously employed by the same organization. I have not sought a different employer ever since I applied for my GC.
Please reply with your thoughts.
Though, it appears as regular employment verification letter, there may be catch in it due to what you explained above. Though you were an "engineer" in H1B, your employer applied as a "technician" in green card application (LC/140) to overcome pre-wailing wage issue. This is not good one if they found out, as the technicians can not be in H1B visa. You can not argue I will be technician after getting GC. Also, you can not use AC21 as "engineers" and "technicians" are not similar occupations.
My LC / I-140 stated that I am an "Electrical Engineering Technician" due to PW concerns at the time of application but my H1-B application said "Applications Engineer (Chemicals Group)". But the job duties were exactly the same word for word. I'm not sure if that is causing the problem. I am being paid significantly more than the LC / 1-140 wage currently. So, lack of ability to pay is not an issue. I have also been continuously employed by the same organization. I have not sought a different employer ever since I applied for my GC.
Please reply with your thoughts.
Though, it appears as regular employment verification letter, there may be catch in it due to what you explained above. Though you were an "engineer" in H1B, your employer applied as a "technician" in green card application (LC/140) to overcome pre-wailing wage issue. This is not good one if they found out, as the technicians can not be in H1B visa. You can not argue I will be technician after getting GC. Also, you can not use AC21 as "engineers" and "technicians" are not similar occupations.
gcdreamer05
03-13 10:11 AM
congrats man , have fun put up a big party rock and roll and jump man jump....... after so many years u got ur green..........
hpandey
04-29 10:54 AM
Thanks kaisersose.
Anyone else have any inputs. I need to make this decision soon and would appreciate as many inputs as possible.
Thanks.
H1-b extension rarely gets denied so you don't need to worry but if you are worried about it ( most people in the GC line have had their H1's renewed multiple times ) then use the EAD for working . EAD would also give you flexibility to change jobs in future to a better paying employer.
H1-b RFE or denial for you will not affect your GC process since you are a derivative application unless you have done something really illegal .
I would advise you not to get worried. You just need to decide whether you want to maintain your H1 status or work on EAD. Everything will be fine either way.
Anyone else have any inputs. I need to make this decision soon and would appreciate as many inputs as possible.
Thanks.
H1-b extension rarely gets denied so you don't need to worry but if you are worried about it ( most people in the GC line have had their H1's renewed multiple times ) then use the EAD for working . EAD would also give you flexibility to change jobs in future to a better paying employer.
H1-b RFE or denial for you will not affect your GC process since you are a derivative application unless you have done something really illegal .
I would advise you not to get worried. You just need to decide whether you want to maintain your H1 status or work on EAD. Everything will be fine either way.
