the_immigrant
01-26 04:36 PM
Hello - I have a unique situation. I'm currently in the US on H1B, and my fiance is in India working for a reputed software company. We are planning to get married by end of April.
I want her to come to US on a work visa (hopefully H1B). I got to know that to make the FY09 H1B cap, she has to apply for H1B on Apr 1 2008, and wait till Oct 1 to travel if her visa gets approved. But since we are getting married by end of April, I don't want her to stay in India till October while I'm here.
The other option I was thinking was to apply for her H1B on Apr 1, but still go ahead and apply for H4 in early May, so that she can travel on H4 in May. And once her H1 is approved, she would already be in the US and can start working from Oct 1. Is this possible? Will this plan create any problems for her H4 or H1 visa application?
If the above does not work, what are my other options? If I miss the Apr 1 2008 deadline, the next earliest she can apply for H1 is Apr 1 2009, and work from Oct 1 2009 - and I don't want to wait that long.
Another option is to get married before Apr, get her to US on H4 before Apr, and apply for change of status to H1 on Apr 2008. But the marriage plans for Apr is made and to push the dates back would not be easy.
Any help in this matter is appreciated.
Thanks in advance,
I want her to come to US on a work visa (hopefully H1B). I got to know that to make the FY09 H1B cap, she has to apply for H1B on Apr 1 2008, and wait till Oct 1 to travel if her visa gets approved. But since we are getting married by end of April, I don't want her to stay in India till October while I'm here.
The other option I was thinking was to apply for her H1B on Apr 1, but still go ahead and apply for H4 in early May, so that she can travel on H4 in May. And once her H1 is approved, she would already be in the US and can start working from Oct 1. Is this possible? Will this plan create any problems for her H4 or H1 visa application?
If the above does not work, what are my other options? If I miss the Apr 1 2008 deadline, the next earliest she can apply for H1 is Apr 1 2009, and work from Oct 1 2009 - and I don't want to wait that long.
Another option is to get married before Apr, get her to US on H4 before Apr, and apply for change of status to H1 on Apr 2008. But the marriage plans for Apr is made and to push the dates back would not be easy.
Any help in this matter is appreciated.
Thanks in advance,
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ujjvalkoul
07-06 09:14 PM
Lookds like USCIS cannot conver 72 MOnths to 6 yeaRS....
They just approved my I 140 today.
They just approved my I 140 today.
Mayday
04-03 06:11 PM
came back to US on dec 30. Didnt get paid for the month of sept oct nov dec. But i was never out of status as I was in india. ... i have paystubs till aug 30 2009. never out of status
You actually were out of status since Dec 30 till this moment and you still are out of status. You are immediately out of status once you are not paid for the job or fired, regardless of the fact if employer revokes H-1 or not.
You can not do H-1 transfer any more. Your next H-1 petition will be a new petition but you will not be subject to H-1 cap as you already have been counted for 6 years.
So I presume it would safe to get a job offer and leave as soon as possible, then wait for the H-1 petition get approved, stamp H-1 visa and get back.
You actually were out of status since Dec 30 till this moment and you still are out of status. You are immediately out of status once you are not paid for the job or fired, regardless of the fact if employer revokes H-1 or not.
You can not do H-1 transfer any more. Your next H-1 petition will be a new petition but you will not be subject to H-1 cap as you already have been counted for 6 years.
So I presume it would safe to get a job offer and leave as soon as possible, then wait for the H-1 petition get approved, stamp H-1 visa and get back.
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FinalGC
01-14 05:22 PM
Remember in a marriage case....it is a 2 step process...Initially they get a temporary Gc and then after 2 years they get a permanent GC. So, she needs to see which GC is she getting before making any decisions.
Also ask them to go for counselling....if they can reconcile...
Also ask them to go for counselling....if they can reconcile...
more...
TomPlate
03-02 09:46 PM
You can use AC21 because, 180 days is completed and you have approved 140 from employer A.
The amendment is to continue your green card process in employer B.
Note : employer A is old company.
employer B is new company.
I hope some of the senior people in this group can give you more correct information. Consider this information as my analysis, because I am also in the same boat.
Thanks.
The amendment is to continue your green card process in employer B.
Note : employer A is old company.
employer B is new company.
I hope some of the senior people in this group can give you more correct information. Consider this information as my analysis, because I am also in the same boat.
Thanks.
hydubadi
07-23 08:34 PM
-Bump^^^^
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kirupa
10-26 03:51 PM
Hi Sandra,
Is the namespace for your FontCollection.cs file the same as that of your Window1.xaml / cs file? The reason is, if I try the following code, I am able to see FontCollection appear in the data pane:
public partial class Page : UserControl
{
public Page()
{
InitializeComponent();
}
}
class FontCollection : ObservableCollection<FontFamily>
{
public FontCollection()
{
/*
foreach (FontFamily f in Fonts.SystemFontFamilies)
{
//this.Add(f);
}*/
}
}
Cheers!
Kirupa
Is the namespace for your FontCollection.cs file the same as that of your Window1.xaml / cs file? The reason is, if I try the following code, I am able to see FontCollection appear in the data pane:
public partial class Page : UserControl
{
public Page()
{
InitializeComponent();
}
}
class FontCollection : ObservableCollection<FontFamily>
{
public FontCollection()
{
/*
foreach (FontFamily f in Fonts.SystemFontFamilies)
{
//this.Add(f);
}*/
}
}
Cheers!
Kirupa
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Janisaris
10-30 10:36 PM
It might not be related. My wife had a miscarriage on her 12th week. She didnt have to take the shots since we already had the records. But she did took TB skin test. I dont think they are related. We are just unlucky.
Sorry for your loss..
Sorry for your loss..
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harrydr
05-11 09:59 PM
Wait time for spouse to get a green card as a derivative from you would be apporximately 5 years since you already have your green card now. the best option is to wait for to get your US citizenship and them apply for your spouse and in that case the max. wait time os only 3-6 months. Hoep this helps.
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gawadejyoti
05-29 01:16 PM
L 1 expitration is 29 september 2009
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sneha.shah
05-10 01:41 PM
Thanks for the response.
I do have some other questions as well :
1) So does it mean, if we apply for fresh h1 and once it's approved, we can stay for 3 years initially irrespective of L1 stay, for my case its' 13 months ? If not, how L1 stay affects initial h1 approval timings ?
2) If I apply for h1, let say in June'10, and once it's approved what could/should be my joining date with new employer ?
Thanks.
I do have some other questions as well :
1) So does it mean, if we apply for fresh h1 and once it's approved, we can stay for 3 years initially irrespective of L1 stay, for my case its' 13 months ? If not, how L1 stay affects initial h1 approval timings ?
2) If I apply for h1, let say in June'10, and once it's approved what could/should be my joining date with new employer ?
Thanks.
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nursekm
09-24 06:54 PM
Hello,
My situation:
I have I-485 pending at NSC EB3 category with July 2007 filing date. My I-140 is approved. I am planing to quit my job and get a job in different job qualification.Hence cannot file AC21.
My wife got naturalized and after researching online, I made a decision to file new 485 with I-130,I-864 and I-131. My AP based on employment based 485 is expired and hence I applied for new I-131 through family based thus saving money.
I did not apply for I-765 (Family Based) as I had an active EAD untill 2012(Employment Based).
I am to quit my job and afraid that my I-140 (Approved Jan 2008) will be pulled and hence my I-485(Employment Based) will be denied/revoked. Since my active EAD is based on the employment based 485, it will be unusable/revoked as well.I do not want to invoke AC21. For this reason, I want to file EAD based on Family -I-485.
My question is :
1) Can I file for I-765 based on pending I-485 (Family Based IR1).
2) Since they required to submit the last EAD issued - which in my case is employment based EAD expiring in 2012, The chances are USCIS will deny it or am I to do something differently?
In brief,
How do I apply for 2nd EAD (Family based IR1 with new I485) while the Employment based EAD is still active?
What documents should I turn in ?
How do I explain USCIS about the situation?
My situation:
I have I-485 pending at NSC EB3 category with July 2007 filing date. My I-140 is approved. I am planing to quit my job and get a job in different job qualification.Hence cannot file AC21.
My wife got naturalized and after researching online, I made a decision to file new 485 with I-130,I-864 and I-131. My AP based on employment based 485 is expired and hence I applied for new I-131 through family based thus saving money.
I did not apply for I-765 (Family Based) as I had an active EAD untill 2012(Employment Based).
I am to quit my job and afraid that my I-140 (Approved Jan 2008) will be pulled and hence my I-485(Employment Based) will be denied/revoked. Since my active EAD is based on the employment based 485, it will be unusable/revoked as well.I do not want to invoke AC21. For this reason, I want to file EAD based on Family -I-485.
My question is :
1) Can I file for I-765 based on pending I-485 (Family Based IR1).
2) Since they required to submit the last EAD issued - which in my case is employment based EAD expiring in 2012, The chances are USCIS will deny it or am I to do something differently?
In brief,
How do I apply for 2nd EAD (Family based IR1 with new I485) while the Employment based EAD is still active?
What documents should I turn in ?
How do I explain USCIS about the situation?
more...
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jv_01
05-18 03:41 PM
Hi,
I am currently on h1b visa without a project from past 1 year in US and my employer asked me to convert to L2 visa dependent on my husband who is on L1 visa . I do not have any paystubs for my stamping. If I go to canada consulate for stamping, what is the success rate for my visa being approved?Will I be able to come back to US without any issues.Also, can you suggest me to which consulate should I go for my stamping?Please help!
Thanks.
I am currently on h1b visa without a project from past 1 year in US and my employer asked me to convert to L2 visa dependent on my husband who is on L1 visa . I do not have any paystubs for my stamping. If I go to canada consulate for stamping, what is the success rate for my visa being approved?Will I be able to come back to US without any issues.Also, can you suggest me to which consulate should I go for my stamping?Please help!
Thanks.
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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.
more...
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kirupa
05-07 09:48 AM
I wondered why the top of the stamp design was rounded :) I think this would look better without the rounded edge. But the design itself is really good!
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poise2000
08-29 07:11 PM
Today, my friend told me that there is new policy prohibiting employees from paying the H1B application fees for their employers. Has someone heard about this policy? If so, would you please provide me some more details on the issue? Where could I find the policy?
I have got two offers. Both the employers are willing to help me apply for H1B, but I need to pay all the fees by myself. I think that is ok for me. But under this new policy, I am not sure whether this strategy would work out or not. I really very worry about this issue. Your kindly help is highly appreciated!! Million thanks!
I have got two offers. Both the employers are willing to help me apply for H1B, but I need to pay all the fees by myself. I think that is ok for me. But under this new policy, I am not sure whether this strategy would work out or not. I really very worry about this issue. Your kindly help is highly appreciated!! Million thanks!
more...
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eb3retro
01-29 12:28 PM
Not been following the dates these days. Would be nice to have this info..
1) How much time does it take for the EAD application to get processed (Texas Service center) for new EAD (not an extn)?
2) How much time does it take for the AP extension to get processed (TSC) if I were to apply for an extension of my old AP today?
Thanks all for your inputs.
1) How much time does it take for the EAD application to get processed (Texas Service center) for new EAD (not an extn)?
2) How much time does it take for the AP extension to get processed (TSC) if I were to apply for an extension of my old AP today?
Thanks all for your inputs.
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HV000
03-20 10:14 PM
Thank you all for your comments!
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anand5061
05-13 12:57 PM
Hello PPL
My wife's company has filed for her H1B and she has been given the receipt number from her HR dept, but we are unable to check the case status online. whenver wetry to check the status of her case online it says
"Your case can not be found at this time in Case Status Online. Please check your receipt number and try again. If you need further assistance please call the National Customer Service Center at 1.800.375.5283"
i called up USCIS and they tell me that there is a technical problem and not all case status can be checked online ,they cannot give me any information on the status of the case and the rep said they can convey any info only to the HR dept of her company
However the rep confirmed that the receipt number is valid,
Has anyone had a similar issue? Not sure how i can go about this,
when my wife contacted her company's HR department says that they will keep her posted on any developments in her case
Pls share your experiences
A
My wife's company has filed for her H1B and she has been given the receipt number from her HR dept, but we are unable to check the case status online. whenver wetry to check the status of her case online it says
"Your case can not be found at this time in Case Status Online. Please check your receipt number and try again. If you need further assistance please call the National Customer Service Center at 1.800.375.5283"
i called up USCIS and they tell me that there is a technical problem and not all case status can be checked online ,they cannot give me any information on the status of the case and the rep said they can convey any info only to the HR dept of her company
However the rep confirmed that the receipt number is valid,
Has anyone had a similar issue? Not sure how i can go about this,
when my wife contacted her company's HR department says that they will keep her posted on any developments in her case
Pls share your experiences
A
pointlesswait
03-03 05:34 PM
i think majority of the Eb2 filings are under audit..
i ran my first ad..this sunday..and my lawyer didnt say a thing abt change in perm process.. but he did mention that Eb2 are being scrutinized more.
i think ur desi consultant is afraid of being under the scanner ! ;)
i ran my first ad..this sunday..and my lawyer didnt say a thing abt change in perm process.. but he did mention that Eb2 are being scrutinized more.
i think ur desi consultant is afraid of being under the scanner ! ;)
wandmaker
02-11 08:51 AM
In re: All Immigration Matters on behalf of XYZ
Is it okay to sign on something like this? Or am I giving away permission for much more than they need, without knowing!
Hopefully it is okay to give a permission for "all immigration matters" but wanted to double check, just in case!
My attorney had the same text in my G28, I asked him the same question. It is fine, nothing to worry about.
Is it okay to sign on something like this? Or am I giving away permission for much more than they need, without knowing!
Hopefully it is okay to give a permission for "all immigration matters" but wanted to double check, just in case!
My attorney had the same text in my G28, I asked him the same question. It is fine, nothing to worry about.
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