theoneit
02-14 05:30 PM
hi,
I am a little confused on my case. This is how it is:
I recently got married and am back in the US. My wife is employed in India and shall be filing for her H1 this year(Apr08).
At the same time,given the unsurity of H1,we shall also be going for her H4 Visas in Mar-Apr so that she can be here in the US,ASAP.
I have a few doubts/questions:
1) Since her H1 would be filed on April 1st,do I need to wait till April 1st before going for her H4 so that her application stands clean ?
and
If I go for her H4 before April 1st(say March 29th),does her H1 filing need the H4 details ?
Also,assuming during her H1 filing she didnt have H4 and then gets her H4(say on Apr 2nd) and comes to the US. Assuming her H1 gets approved,does she have to leave the country and get her H1 stamped for change of Visa from H4 to H1(note at the time of H1 application she didnt have her H4 Visas) ?
I hope I am able to explain my confusion well. Any help on this is appreciated.
Thanks !!
I am a little confused on my case. This is how it is:
I recently got married and am back in the US. My wife is employed in India and shall be filing for her H1 this year(Apr08).
At the same time,given the unsurity of H1,we shall also be going for her H4 Visas in Mar-Apr so that she can be here in the US,ASAP.
I have a few doubts/questions:
1) Since her H1 would be filed on April 1st,do I need to wait till April 1st before going for her H4 so that her application stands clean ?
and
If I go for her H4 before April 1st(say March 29th),does her H1 filing need the H4 details ?
Also,assuming during her H1 filing she didnt have H4 and then gets her H4(say on Apr 2nd) and comes to the US. Assuming her H1 gets approved,does she have to leave the country and get her H1 stamped for change of Visa from H4 to H1(note at the time of H1 application she didnt have her H4 Visas) ?
I hope I am able to explain my confusion well. Any help on this is appreciated.
Thanks !!
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Green_Always
01-16 11:12 AM
Yall...
Record $14 trillion-plus debt weighs on Congress
Record $14 trillion-plus debt weighs on Congress - Yahoo! News (http://news.yahoo.com/s/ap/20110115/ap_on_re_us/us_debt_wars)
Taught of debating if it is worth to live here more ??
Basically I came here to earn some money and to have some good life ( cleaning my bathroom myself -- lol )
The way things are going here in US with Jobs / Economy overall thinking if it is worth to live here and worth to get a US Passport or to keep renewing GC.
I know it all depends on each indivisual perspective and views.. but taught of looking other views on this.
Thanks and Regards -- Green_Always :-)
Record $14 trillion-plus debt weighs on Congress
Record $14 trillion-plus debt weighs on Congress - Yahoo! News (http://news.yahoo.com/s/ap/20110115/ap_on_re_us/us_debt_wars)
Taught of debating if it is worth to live here more ??
Basically I came here to earn some money and to have some good life ( cleaning my bathroom myself -- lol )
The way things are going here in US with Jobs / Economy overall thinking if it is worth to live here and worth to get a US Passport or to keep renewing GC.
I know it all depends on each indivisual perspective and views.. but taught of looking other views on this.
Thanks and Regards -- Green_Always :-)
hpandey
07-16 03:31 PM
Most of the RFE's for AP are for photographs if filed online. They are probably asking for latest photographs that you would need to send. It quite common.
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muraliy
09-15 05:09 PM
Thanks for your replies. I suspected as much. I wanted to make sure before I start the process of gathering the recommendation letters all over again.
more...
apriti
10-04 12:25 PM
I cannot renew my h1 as my 7 yrs are over i have to go back to my country for one yr before i can reenter the US
bekugc
08-06 05:39 PM
whether you are in h1 or h4, it is important you maintain 'good standing' of whatever status you are in. if u dont have a job, change to H4, so that ur earlier h1 record remains clean (as long as u had H1, u got paid and have proof of pay /employment experience)
when you get ur offer down the line, if that company sponsors h1 for you, at that time theyll collect ur experience letters and proof and go for the H1. if the h1 sponsor is a different company, Im do not really think it is treated as a "renewal" since ur status as H1 has ended when u changed to H4. It may be treated as a "fresh h1 sponsor/transfer" for you.
However, you do not have to worry about the annual h1 quota in ur case even tho u have lost ur H1 status. you are included in the exception clause - "Those beneficiaries not subject to the annual quota are those who currently hold H-1B status or have held H-1B status at some point in the past six years and have not been outside the United States for more than 365 consecutive days"
so basically, according to me, if ur employment record is clean and if the new sponsor's requirements meets proper H1 guidelines, you can get back on H1.
im not an attorney..so the regular warning applies!
when you get ur offer down the line, if that company sponsors h1 for you, at that time theyll collect ur experience letters and proof and go for the H1. if the h1 sponsor is a different company, Im do not really think it is treated as a "renewal" since ur status as H1 has ended when u changed to H4. It may be treated as a "fresh h1 sponsor/transfer" for you.
However, you do not have to worry about the annual h1 quota in ur case even tho u have lost ur H1 status. you are included in the exception clause - "Those beneficiaries not subject to the annual quota are those who currently hold H-1B status or have held H-1B status at some point in the past six years and have not been outside the United States for more than 365 consecutive days"
so basically, according to me, if ur employment record is clean and if the new sponsor's requirements meets proper H1 guidelines, you can get back on H1.
im not an attorney..so the regular warning applies!
more...
LostInGCProcess
07-20 01:30 PM
Thanks, Chandu.
Did you move to a different place or changed within the city where you currently live? I was reading an article yesterday and it said, if we move outside the area where we are currently located, it could trigger an RFE. I dont know how far its true.
Thanks!!
Did you move to a different place or changed within the city where you currently live? I was reading an article yesterday and it said, if we move outside the area where we are currently located, it could trigger an RFE. I dont know how far its true.
Thanks!!
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polapragada
09-01 12:37 AM
Hi,
My H1 B is valid until 2010 (mar). But considering my entry/exit (I94) dates - I will be completing my 5 years in next 2 months.
My query:
1. Do I have time until 2009 (mar) for filing the Labor?
2. Can I file GC in the 6th year of H1 B, if yes what are the consequences?
Thanks in advance
Yes you ahve time. But don't wait hurry up, we need not get surprised if they change rules even....
Any way for March 2009 you have only 6 months you have so much work to do like paper adds, etc... so... All the best
My H1 B is valid until 2010 (mar). But considering my entry/exit (I94) dates - I will be completing my 5 years in next 2 months.
My query:
1. Do I have time until 2009 (mar) for filing the Labor?
2. Can I file GC in the 6th year of H1 B, if yes what are the consequences?
Thanks in advance
Yes you ahve time. But don't wait hurry up, we need not get surprised if they change rules even....
Any way for March 2009 you have only 6 months you have so much work to do like paper adds, etc... so... All the best
more...
neeidd
08-31 05:52 PM
Hi,
Would some one post info on how to get directly to level 2 or 3 USCIS customer service rather than level 1. I Called USCIS couple of times, the customer said I need to wait 90 days to check the status with them. I filed in July and have no receipt. I would like to know whether my case is entered in USCIS database. Please guide!
Thanks
Would some one post info on how to get directly to level 2 or 3 USCIS customer service rather than level 1. I Called USCIS couple of times, the customer said I need to wait 90 days to check the status with them. I filed in July and have no receipt. I would like to know whether my case is entered in USCIS database. Please guide!
Thanks
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rameshk75
12-06 08:15 AM
How do you know that name check and background were completed in October? Did you call USCIS?
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reddy_h
09-04 03:14 PM
I heard that GC is for a future position. If this is the case, can labor, I-140 and I-485 be filed for a person and this person join the company after labor, I-140 and I-485 have been approved? The person will join the same position mentioned in the labor cert with salary >= the labor petition.
Yes you can.
Yes you can.
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alterego
12-15 10:08 PM
Looks like for EB2 2005 cases they are giving 2 yr EADs. Has anyone with 2003 or 2004 cases recieved a 2 yr EAD?
more...
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kondur_007
08-18 09:58 AM
Here is my opinion:
I understand that your wife has now two I 94s: One when she entered on H4 (we will call it OLD) and one when she returned from Mexico with F1 visa stamp (we will call it NEW). And both are attached to her passport.
First of all, I dont think this is a major deal. You can do one of the two things:
1. First option is to go to near by international airport and meet CBP officer. Explain him the situation (show him the copy of air ticket to mexico and appointment letter with the consulate); chances are, he will take care of the old I 94 (but make sure to keep a copy for yourself for future reference). And you can forget about the whole thing (just keep copies of old I 94, air ticket, appt letter for future reference if any question arises at any time).
2. Second option is to nothing about this and just keep the old I94, a copy of it, copies of air ticket and appoinntment letter for your file and close the file until and unless you are asked about it. Chances are, they would have automatically changed the information in their system and you may never be asked about this old I 94. If they do, you can tell them the truth what happened. I dont think it is a major deal.
I would personally go with option 1 if the nearby international airport is not too far.
In either case, make sure of one thing: Whenever your wife leaves, she must surrender the new I 94 and not the old one. Best way is, take the old I 94 out of the passport so no confusion arises.
Hope this helps. Good luck.
I understand that your wife has now two I 94s: One when she entered on H4 (we will call it OLD) and one when she returned from Mexico with F1 visa stamp (we will call it NEW). And both are attached to her passport.
First of all, I dont think this is a major deal. You can do one of the two things:
1. First option is to go to near by international airport and meet CBP officer. Explain him the situation (show him the copy of air ticket to mexico and appointment letter with the consulate); chances are, he will take care of the old I 94 (but make sure to keep a copy for yourself for future reference). And you can forget about the whole thing (just keep copies of old I 94, air ticket, appt letter for future reference if any question arises at any time).
2. Second option is to nothing about this and just keep the old I94, a copy of it, copies of air ticket and appoinntment letter for your file and close the file until and unless you are asked about it. Chances are, they would have automatically changed the information in their system and you may never be asked about this old I 94. If they do, you can tell them the truth what happened. I dont think it is a major deal.
I would personally go with option 1 if the nearby international airport is not too far.
In either case, make sure of one thing: Whenever your wife leaves, she must surrender the new I 94 and not the old one. Best way is, take the old I 94 out of the passport so no confusion arises.
Hope this helps. Good luck.
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October 3rd, 2006, 03:31 PM
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kriskris
12-02 10:43 PM
Why would one get a LUD on an OLD h1 with no LUD on anything else?
Just got CRIS email/LUD (no status change) on an old h1b that had no status change since Oct 2004. No LUD on the I140/485 or anything else. Only thing that makes sense to me is that my H1b is about to expire on dec 10 so maybe it has to do with that?
Anyone else have a similar experience. it's a little nerve wrecking.
Even I had a soft LUD on my old H1 which was expired and was approved way back in May 2004.
Just got CRIS email/LUD (no status change) on an old h1b that had no status change since Oct 2004. No LUD on the I140/485 or anything else. Only thing that makes sense to me is that my H1b is about to expire on dec 10 so maybe it has to do with that?
Anyone else have a similar experience. it's a little nerve wrecking.
Even I had a soft LUD on my old H1 which was expired and was approved way back in May 2004.
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blah45
12-11 09:28 AM
I have an appointment for H1B visa stamp @ the toronto consulate next week. This will be my second stamp (first one expired early this year).
I received a phone call from the consulate asking for my H1B receipt/notice dates and receipt number, etc...She told me that there is new rule where USCIS has to verify the I-797 petition even though you carry an original approval notice. With this rule in effect...she told me the passport wait time is miminum of 4 days.
I already booked my tickets 2 weeks ago. I'm confused. Has anyone else received a call or have recently obtain H1B stamp in toronto?
I was hoping to come back in few days and now it's going to cost me $$$$$. I wish NVARS told me this when I signed up for the appointment.
:(:(:(
I received a phone call from the consulate asking for my H1B receipt/notice dates and receipt number, etc...She told me that there is new rule where USCIS has to verify the I-797 petition even though you carry an original approval notice. With this rule in effect...she told me the passport wait time is miminum of 4 days.
I already booked my tickets 2 weeks ago. I'm confused. Has anyone else received a call or have recently obtain H1B stamp in toronto?
I was hoping to come back in few days and now it's going to cost me $$$$$. I wish NVARS told me this when I signed up for the appointment.
:(:(:(
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Blog Feeds
11-03 07:00 PM
An interesting survey showing 51% of voters in one of America's most politically conservative states favor legalizing illegally present immigrants in one form or another:Tennesseans appear ambivalent about how best to deal with illegal immigrants currently working in the United States. The largest proportion (43 percent) says such illegal immigrants should be required to leave their jobs and leave the country. But the next largest proportion (29 percent) takes the opposite view, saying such individuals should be allowed to stay in their jobs and eventually apply for U.S. citizenship. Finally, another 22 percent say such individuals should be allowed to...
More... (http://blogs.ilw.com/gregsiskind/2009/11/most-tennessee-voters-favor-legalization-of-illegally-present-immigrants.html)
More... (http://blogs.ilw.com/gregsiskind/2009/11/most-tennessee-voters-favor-legalization-of-illegally-present-immigrants.html)
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nhfirefighter13
August 7th, 2004, 06:02 AM
Like I said....I messed this one up and really had no intention of over-exposing it.
You think it would be better if I darken it? Hmmmm. I'll give it a try. I was looking at it and thinking that the really bright highlights gave a sense of heat.
I'll give dark and moody a shot. Thanks.
You think it would be better if I darken it? Hmmmm. I'll give it a try. I was looking at it and thinking that the really bright highlights gave a sense of heat.
I'll give dark and moody a shot. Thanks.
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meridiani.planum
05-05 02:08 AM
inline...
I know that an H1B may be extended beyond the 6 year limit as long as the there has been at least a Labor Cert pending for the past 365 days. So basically, as long as you have a LC pending, the H1B is increased in yearly increments until the GC is approved or denied.
However:
1) Once I-140 is approved, do they automatically extend the H1B (the next time it is due for an extension) by three years?
yes, if your PD is not current and you request 3 years (on the H1 LCA) when you file the extension. Otherwise its a 1 year extension
2) Once you're in that "extension zone" (i.e. past your 6 year limit because of a pending GC application) of your H1B can you still switch jobs? (obviously your new company would have to file a new Labor cert once again for you)?
The USCIS does allow you to get an H1 transfer to a new employer based on the I-140, or LC from some other employer. So if you request a transfer it will go through provided the conditions fo rextension (old LC or approved I-140) exist on the day they adjudicate your case.
The gray area here is what happens to the H1 if the underlying LC or I-140 is then revoked by the old employer. The current USCIS position is that the H1 remains valid (they have not come back and revoked anybody's H1 extension because the underlying LC is gone). However neither the law nor USCIS regulations are clear in this matter.
I know that an H1B may be extended beyond the 6 year limit as long as the there has been at least a Labor Cert pending for the past 365 days. So basically, as long as you have a LC pending, the H1B is increased in yearly increments until the GC is approved or denied.
However:
1) Once I-140 is approved, do they automatically extend the H1B (the next time it is due for an extension) by three years?
yes, if your PD is not current and you request 3 years (on the H1 LCA) when you file the extension. Otherwise its a 1 year extension
2) Once you're in that "extension zone" (i.e. past your 6 year limit because of a pending GC application) of your H1B can you still switch jobs? (obviously your new company would have to file a new Labor cert once again for you)?
The USCIS does allow you to get an H1 transfer to a new employer based on the I-140, or LC from some other employer. So if you request a transfer it will go through provided the conditions fo rextension (old LC or approved I-140) exist on the day they adjudicate your case.
The gray area here is what happens to the H1 if the underlying LC or I-140 is then revoked by the old employer. The current USCIS position is that the H1 remains valid (they have not come back and revoked anybody's H1 extension because the underlying LC is gone). However neither the law nor USCIS regulations are clear in this matter.
Zee
06-14 07:47 AM
Looks like CIR has a rough road ahead:
From immigration-law:
06/14/2006: AILA Reports Anti-Immigrant Calls to Congress Outnumbers Pro-CIR at 400:1
* AILA has reported that immigration restrictionists are flooding Congressional phone lines and email inboxes with angry demands that their Senators and Representatives vote against any legislation that provides a path to citizenship for undocumented immigrants. Their calls for an enforcement-only immigration policy are reportedly louder and more aggressive than ever and there are 400 of them for every 1 call from proimmigrants. AILA is concerned that the 400 to 1 intensity of the opposition to comprehensive immigration reform (S. 2611) is expected to crescendo into the November elections, making it a likely voting issue at the polls.
* Considering the fact that most seats in the House are up for grab in the November election, these anti-immigration forces pose a powerful threat and road block to meaningful enactment of comprehensive immigration reform legislation.
* These anti-immigration forces also appear to use a strategy to weaken the pro-immigration forces by inducing the immigrant community more and more divided between the legal and illegal immigrant communities and pushing them further and further antagonistic each other by spreading rumors that illegal immigrants would take away employment-based immigrant quota from the legal immigrants and the legal immigrant community should oppose the comprehensive immigration reform legislation as passed by the Senate. "Divide and Conquer" strategy appears to work for these immigration restrictionists.
From immigration-law:
06/14/2006: AILA Reports Anti-Immigrant Calls to Congress Outnumbers Pro-CIR at 400:1
* AILA has reported that immigration restrictionists are flooding Congressional phone lines and email inboxes with angry demands that their Senators and Representatives vote against any legislation that provides a path to citizenship for undocumented immigrants. Their calls for an enforcement-only immigration policy are reportedly louder and more aggressive than ever and there are 400 of them for every 1 call from proimmigrants. AILA is concerned that the 400 to 1 intensity of the opposition to comprehensive immigration reform (S. 2611) is expected to crescendo into the November elections, making it a likely voting issue at the polls.
* Considering the fact that most seats in the House are up for grab in the November election, these anti-immigration forces pose a powerful threat and road block to meaningful enactment of comprehensive immigration reform legislation.
* These anti-immigration forces also appear to use a strategy to weaken the pro-immigration forces by inducing the immigrant community more and more divided between the legal and illegal immigrant communities and pushing them further and further antagonistic each other by spreading rumors that illegal immigrants would take away employment-based immigrant quota from the legal immigrants and the legal immigrant community should oppose the comprehensive immigration reform legislation as passed by the Senate. "Divide and Conquer" strategy appears to work for these immigration restrictionists.
MiniCooperS123
July 22nd, 2004, 03:19 PM
I own a couple of lenses for a canon camera and would like to get a Nikon D70. Something that would greatly encourage me to do so would be if I could use my current lenses with the D70. I have found some adapters but I have no clue which one I would need. One lens is a Canon EF 28-80mm and the other is a Sigma 100-300mm if that helps. Hopefully somebody here knows. The staff at camera shops usually never respond to my emails, unless I have bought something or I tell them i am going to buy something from them soon. :rolleyes:
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