loku
08-16 08:03 PM
I was on H-1 and got laid off on July 23. I filed for COS to H4 online on the same day and got the electronic receipt the same day. As I had filed I-539 after work hours, the receipt shows that USCIS received my application on July 26 instead of 23. I got the paper receipt in next 3 days. I hope this will not create any problems as my employer sent notification to USCIS on July 31 and I received my last paystub on July 31 though it was only till July 23. I have been working in US with good status for last 5 years.
Now I have some questions. Any help is greatly appreciated:
1) I recently got two Job offers from different consulting firms. When I told them that my H4 status is still pending, their attorneys told me conflicting things.
- One employer's attorney said that I have to wait till my H4 is approved and only then they could apply for my H1. At this time I have not status and they cannot file my H1.
- The other employer's attorney said that I could apply for H1 while my H4 is still pending by giving pending petition reference in the new H1 application. This will let USCIS adjudicate both the pending status together and there will be no problem for my H1.
Which one of them is correct ? What are the risks involved if I go with the advice of second attorney? Is there a possibility that filing H1 increases the chances the both my H4 and H1 applications are rejected and I could be OOS ?
2) Second question is that the second employer wants me to start immediately after I get H1 receipt. Am I eligible to work on a receipt with my situation or do I need to wait for the complete approval ? What if I get an RFE ? As this is a consulting firm, they have work order from end client for only 3 months and it will be renewed after every 3 months. Will this 3 month work order will create any problems ?
3) What is my current status ? Will the current time while H4 is pending will be counted against H1 or H4 ? As I have only a little over year left in my H1, it is important for me to know how much valid time I have left for H1. This processing time could go in months if I get an RFE.
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Now I have some questions. Any help is greatly appreciated:
1) I recently got two Job offers from different consulting firms. When I told them that my H4 status is still pending, their attorneys told me conflicting things.
- One employer's attorney said that I have to wait till my H4 is approved and only then they could apply for my H1. At this time I have not status and they cannot file my H1.
- The other employer's attorney said that I could apply for H1 while my H4 is still pending by giving pending petition reference in the new H1 application. This will let USCIS adjudicate both the pending status together and there will be no problem for my H1.
Which one of them is correct ? What are the risks involved if I go with the advice of second attorney? Is there a possibility that filing H1 increases the chances the both my H4 and H1 applications are rejected and I could be OOS ?
2) Second question is that the second employer wants me to start immediately after I get H1 receipt. Am I eligible to work on a receipt with my situation or do I need to wait for the complete approval ? What if I get an RFE ? As this is a consulting firm, they have work order from end client for only 3 months and it will be renewed after every 3 months. Will this 3 month work order will create any problems ?
3) What is my current status ? Will the current time while H4 is pending will be counted against H1 or H4 ? As I have only a little over year left in my H1, it is important for me to know how much valid time I have left for H1. This processing time could go in months if I get an RFE.
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hibworker
02-13 01:47 PM
My husband recently changed jobs and has not updated the transfer in his H1 visa yet. I need to travel to India. Can i travel with the existing H4 with his new I-797 and salary stubs? Or do we have to updated the visas before we can travel?
Thanks.
Yes you can travel with latest approval notice and pay stubs although they most likely won't even ask for it. You do not need new visa before travelling back to US.
Thanks.
Yes you can travel with latest approval notice and pay stubs although they most likely won't even ask for it. You do not need new visa before travelling back to US.
needhelp!
10-12 11:01 AM
for TX members!
2011 Megan Fox Before and After
TwinkleM
04-20 12:58 PM
@ GreenCardLegion
Why do you say that filing EB2 withe same company is most likely to be rejected? Is there any such clause?
Why do you say that filing EB2 withe same company is most likely to be rejected? Is there any such clause?
more...
arunoman
09-06 05:05 PM
Am in a strange situation
I filed I-140 and I-485 together in Aug 2007. I got I-140 receipt waiting for I-485 receipt.
I-140 - Status - Pending
Can I work in UK or Canada for some time?
Kindly advice.
Thanks in Advance
Hi Guru's Kindly Respond. If I do this will there be any impact on my 485 Petition process?
I filed I-140 and I-485 together in Aug 2007. I got I-140 receipt waiting for I-485 receipt.
I-140 - Status - Pending
Can I work in UK or Canada for some time?
Kindly advice.
Thanks in Advance
Hi Guru's Kindly Respond. If I do this will there be any impact on my 485 Petition process?
starving_dog
09-02 06:11 PM
Legalese for "We have no clue what is going on. Please bear with us for the next decade while we figure it out."
more...
msadiqali
05-06 04:23 PM
Stock Markets Gamblers beware..DOW drops 998 points intra day..
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ravi98
06-25 11:24 AM
For members doing the Calculations..............
According to DHS | CIS Ombudsman Updates:
During FY 2009 and FY 2010, usage of family-based visas has been exceptionally low, especially among spouses and children of green card holders (the F-2A preference category). In FY 2009, approximately 10,000 family-based visas were unused and, by statute, were reallocated for use by employment-based immigrants in FY 2010.
Given FY 2009 underutilization of family-based visas, the CIS Ombudsman has worked alongside United States Citizenship and Immigration Services (USCIS) and the Department of State (DOS) to monitor family-based visa usage in FY 2010. To enable more family-based visa applicants to become eligible for final processing, the Visa Bulletin cut-off dates have been accelerating significantly. Despite the fact that more family members are becoming eligible, demand for family-based visas remains weak. While efforts are underway to facilitate maximum utilization, a significant number of family-based visas may again go unused in FY 2010.
According to DHS | CIS Ombudsman Updates:
During FY 2009 and FY 2010, usage of family-based visas has been exceptionally low, especially among spouses and children of green card holders (the F-2A preference category). In FY 2009, approximately 10,000 family-based visas were unused and, by statute, were reallocated for use by employment-based immigrants in FY 2010.
Given FY 2009 underutilization of family-based visas, the CIS Ombudsman has worked alongside United States Citizenship and Immigration Services (USCIS) and the Department of State (DOS) to monitor family-based visa usage in FY 2010. To enable more family-based visa applicants to become eligible for final processing, the Visa Bulletin cut-off dates have been accelerating significantly. Despite the fact that more family members are becoming eligible, demand for family-based visas remains weak. While efforts are underway to facilitate maximum utilization, a significant number of family-based visas may again go unused in FY 2010.
more...
b.rich
06-25 06:08 PM
Grinch... very nice job, it looks like this one is over. Keep up the good work. Let's do it agian sometime soon. :)
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Blog Feeds
10-29 05:40 PM
Immigration Law from Houston Immigration Lawyer - Annie Banerjee Has Just Posted the Following:
Today's Wall Street Journal has their main front page article on how H-1B quotas have not been used up yet and argues that the market should dictate the numbers rather than Government quotas.
Arbitrary quotas have been ruled unconstitutional by all courts in every domestic affairs except for immigration law. You cannot have quotas for segregation or desegregation, for diversity in public education. You cannot have quotas at workplace. We read in Law School that quotas inherently violate due process. But I had to throw my constitution down my office window when I started practicing immigration law.
When the colonists came to America, there was no problem, no quotas. White Anglo Saxon Protestants could simply come and work. Then as more and more Italians and Chinese came in, restrictions began to be put in from 1875 onwards. Chinese were banned because they were "Coolie labor" for lewd and immoral purposes. After World War 1, the Congress restricted immigration to 2% of their nationality already settled in America. Since there were no non white people in the US at that time, most of Asia and Africa was shut out from the US. This was done to preserve the racial mix in the United States. Since then a lot of restrictive immigration Acts establishing arbitrary quotas were enacted and still valid today. The Permanent Residency Process has quotas in both Employment based and Family Immigration. So does the H-1B program for bringing in the brightest and the best.
These quotas have risen from anti Immigration and Xenophobic attitudes prevalent in America. As the Wall Street Journal points out, why should a very bright person from say India or China come to the US to be treated as a second class citizen, at the bottom of the social ladder? They would rather stay in their own country which are emerging economies. Yet, as the WSJ articles point out, 35% of Microsoft patents were developed by immigrants, and the person who developed Google News was an H-1B from India.
Those patents will just go to India, and someday the children or grandchildren of these anti immigration forces will seek immigration to India.
Contact Houston Immigration Lawyer (http://www.visatous.com), Annie Banerjee for more detailshttps://blogger.googleusercontent.com/tracker/8629098317507537197-3113598453464852981?l=usimmigrationmatters.blogspo t.com
More... (http://usimmigrationmatters.blogspot.com/2009/10/quotas-in-immigration-law.html)
Today's Wall Street Journal has their main front page article on how H-1B quotas have not been used up yet and argues that the market should dictate the numbers rather than Government quotas.
Arbitrary quotas have been ruled unconstitutional by all courts in every domestic affairs except for immigration law. You cannot have quotas for segregation or desegregation, for diversity in public education. You cannot have quotas at workplace. We read in Law School that quotas inherently violate due process. But I had to throw my constitution down my office window when I started practicing immigration law.
When the colonists came to America, there was no problem, no quotas. White Anglo Saxon Protestants could simply come and work. Then as more and more Italians and Chinese came in, restrictions began to be put in from 1875 onwards. Chinese were banned because they were "Coolie labor" for lewd and immoral purposes. After World War 1, the Congress restricted immigration to 2% of their nationality already settled in America. Since there were no non white people in the US at that time, most of Asia and Africa was shut out from the US. This was done to preserve the racial mix in the United States. Since then a lot of restrictive immigration Acts establishing arbitrary quotas were enacted and still valid today. The Permanent Residency Process has quotas in both Employment based and Family Immigration. So does the H-1B program for bringing in the brightest and the best.
These quotas have risen from anti Immigration and Xenophobic attitudes prevalent in America. As the Wall Street Journal points out, why should a very bright person from say India or China come to the US to be treated as a second class citizen, at the bottom of the social ladder? They would rather stay in their own country which are emerging economies. Yet, as the WSJ articles point out, 35% of Microsoft patents were developed by immigrants, and the person who developed Google News was an H-1B from India.
Those patents will just go to India, and someday the children or grandchildren of these anti immigration forces will seek immigration to India.
Contact Houston Immigration Lawyer (http://www.visatous.com), Annie Banerjee for more detailshttps://blogger.googleusercontent.com/tracker/8629098317507537197-3113598453464852981?l=usimmigrationmatters.blogspo t.com
More... (http://usimmigrationmatters.blogspot.com/2009/10/quotas-in-immigration-law.html)
more...
roseball
02-09 08:44 PM
My passport is expiring in March. I live in NY metro . Does anyone knows the procedure to renew the passport while in the USA. Please share your experience.
You can go to this website and get all the needed info....
http://www.indiacgny.org/
Also, there were atleast 2 threads discussing PP renewals..You can do a search for those threads for renewal timelines...I think it takes them 2-3 weeks in NY Consulate to mail the new passport....You can go for tatkal service and get it issued the same day if you pay $90 extra....
You can go to this website and get all the needed info....
http://www.indiacgny.org/
Also, there were atleast 2 threads discussing PP renewals..You can do a search for those threads for renewal timelines...I think it takes them 2-3 weeks in NY Consulate to mail the new passport....You can go for tatkal service and get it issued the same day if you pay $90 extra....
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m0r1arty
10-24 10:30 AM
Since there is a few of us up for it, lets try to make it happen. How shall we upload / moderate and so forth.
Swish-db have a pretty good system for integrating Swish / flash and PHP, could bung it on the back end of there.
We could put it here if you've got the resources Kirupa.
LETS GET IT ON!!!
(best try to make something now I s'ppose :x )
-m0r
Swish-db have a pretty good system for integrating Swish / flash and PHP, could bung it on the back end of there.
We could put it here if you've got the resources Kirupa.
LETS GET IT ON!!!
(best try to make something now I s'ppose :x )
-m0r
more...
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dj.techo
04-04 07:28 PM
Hi All,
Me and my wife are on EAD. We want to open LLC. Right now I am doing consulting in IT firm. My wife is not working anywhere. What are TAX and immigration consequences if we open LLC on my wife's name?
Questions we have..
1. Can I become parnter easily once my status got changed from EAD to GC?
2. Once my wife start LLC, can she work for another company e.g. Software consulting?
3. What would be tax bracket for my owner of LLC?
Thanks,
dj
Me and my wife are on EAD. We want to open LLC. Right now I am doing consulting in IT firm. My wife is not working anywhere. What are TAX and immigration consequences if we open LLC on my wife's name?
Questions we have..
1. Can I become parnter easily once my status got changed from EAD to GC?
2. Once my wife start LLC, can she work for another company e.g. Software consulting?
3. What would be tax bracket for my owner of LLC?
Thanks,
dj
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vivek_k
08-13 12:10 PM
NSC is going very tough on A2P issues. I have had a A2P issues on my 140 with Nebraska. Suggest you hire a good attorney and you can resolve this in your favour. PM me if you need any additional information.
What is A2P? Thanks.
What is A2P? Thanks.
more...
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flash.stoffer
08-07 06:14 AM
Hi! :)
I just created a new stamp.. Hope you like it! ;)
http://img274.imageshack.us/img274/2769/heart3lq.gif
I just created a new stamp.. Hope you like it! ;)
http://img274.imageshack.us/img274/2769/heart3lq.gif
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pmat
07-14 02:36 PM
Asking for not revoking I140 would be helpful. Also make sure that you at least have copies of the I140 approval notice and I485 receipt notices.
Copies of your Perm labor certification would also be helpful as you may need to consult them for looking at the job responsibilities used for your original labor.
Copies of your Perm labor certification would also be helpful as you may need to consult them for looking at the job responsibilities used for your original labor.
more...
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peacocklover
01-26 12:42 PM
Thanks for your suggestion. My lawyer says that it's fine to have Computer Information Systems as per Education Evaluation draft. Though my lawyers are well experienced, I'm felling little bit doubtful on this.
I would appreciate if any lawyer advises or responds to my question.
Thanks.
I would appreciate if any lawyer advises or responds to my question.
Thanks.
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Beasle
07-11 07:28 PM
My PERM (EB2) was filed mid January 2008, less than 365 days before my second term H1B will expire in October 1, 2008. The case was audited in March and we responded in April 2008 to the Atlanta Processing Center. Since then, no news.
From what I understand from my lawyer, there will be a time gap when I will be without H1B status between October 1, 2008 and mid January 2009, when I will be eligible for an automatic H1B extension due to the PERM pending for more than 365 days. This time gap comes to a total of about 110 days.
My lawyer suggests spending these 110 days out of the country before October 1st, so they can be filed as a �time recap� and added to my H1B October expiration date. As a result, this would get me to mid January 2009 for the H1B visa extension, so I can stay continuously in the US.
As of now, I already accumulated about 60 days � all from vacation during the 6 years on H1B. If I applied this for time recap, it would get me through December 1, 2008. If I can avoid it, I would rather not spend the remaining 50 days abroad before my H1B visa expiration.
Questions:
Recap eligibility
- Does paid vacation count as time out of the country for recap filing and added to the H1B expiration date?
- Do travel dates also count or only full days abroad?
Recap filing
- If the recap filing of 60 vacation days get me to December, can I still go in and out of the country between October and December -- even though my H1B officially ended in October?
- Can I do a recap filing several times for time periods that I might stay out of the country between October and December, so eventually it would get me to mid January, the date when the H1B extension can be filed?
Filing after PERM approval
- What are the next filing steps if I get my LC approved before / after October or December?
My lawyer, hired by my employer, keeps me in the dark. Is my information correct? Are there any work-arounds?
I need to stay in the country, regardless of the filing fees or other costs. Which other filings are required and when, so I can stay continuously in the country?
Thanks for any tips and advice.
From what I understand from my lawyer, there will be a time gap when I will be without H1B status between October 1, 2008 and mid January 2009, when I will be eligible for an automatic H1B extension due to the PERM pending for more than 365 days. This time gap comes to a total of about 110 days.
My lawyer suggests spending these 110 days out of the country before October 1st, so they can be filed as a �time recap� and added to my H1B October expiration date. As a result, this would get me to mid January 2009 for the H1B visa extension, so I can stay continuously in the US.
As of now, I already accumulated about 60 days � all from vacation during the 6 years on H1B. If I applied this for time recap, it would get me through December 1, 2008. If I can avoid it, I would rather not spend the remaining 50 days abroad before my H1B visa expiration.
Questions:
Recap eligibility
- Does paid vacation count as time out of the country for recap filing and added to the H1B expiration date?
- Do travel dates also count or only full days abroad?
Recap filing
- If the recap filing of 60 vacation days get me to December, can I still go in and out of the country between October and December -- even though my H1B officially ended in October?
- Can I do a recap filing several times for time periods that I might stay out of the country between October and December, so eventually it would get me to mid January, the date when the H1B extension can be filed?
Filing after PERM approval
- What are the next filing steps if I get my LC approved before / after October or December?
My lawyer, hired by my employer, keeps me in the dark. Is my information correct? Are there any work-arounds?
I need to stay in the country, regardless of the filing fees or other costs. Which other filings are required and when, so I can stay continuously in the country?
Thanks for any tips and advice.
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realizeit
06-10 12:46 PM
From Oh:
06/10/2008: USCIS to Issue Multiple-Year EAD for I-485 Waiters at End of June 2008!
The Secretary of the Department of Homeland Security announced on 06/09/2008 that the DHS would start issuing multiple year EAD beginning from end of June 2008 for the I-485 filers. Hooray!
http://www.immigration-law.com/
FROM DHS Secretary Chertoff
.... I'm also pleased to announce that we will be extending the validity period of the employment authorization documents that we issue to individuals who are waiting adjustment of status to lawful permit residenture or in colloquial phrase, the green card.
Currently, adjustment applications are granted employment authorization documents with only a one year maximum validity. Beginning later this month, we'll start issuing these documents with a two-year validity period for aliens who are waiting adjustment of status if their application is expected to be pending for more than a year.
This, again, is eliminating a persistent source of frustration for workers who are here, who have a pending adjustment application but have to go and renew their employment documents every single year. It's going to cut the paperwork there. ....
Link: http://www.dhs.gov/xnews/releases/pr_1213101513448.shtm
06/10/2008: USCIS to Issue Multiple-Year EAD for I-485 Waiters at End of June 2008!
The Secretary of the Department of Homeland Security announced on 06/09/2008 that the DHS would start issuing multiple year EAD beginning from end of June 2008 for the I-485 filers. Hooray!
http://www.immigration-law.com/
FROM DHS Secretary Chertoff
.... I'm also pleased to announce that we will be extending the validity period of the employment authorization documents that we issue to individuals who are waiting adjustment of status to lawful permit residenture or in colloquial phrase, the green card.
Currently, adjustment applications are granted employment authorization documents with only a one year maximum validity. Beginning later this month, we'll start issuing these documents with a two-year validity period for aliens who are waiting adjustment of status if their application is expected to be pending for more than a year.
This, again, is eliminating a persistent source of frustration for workers who are here, who have a pending adjustment application but have to go and renew their employment documents every single year. It's going to cut the paperwork there. ....
Link: http://www.dhs.gov/xnews/releases/pr_1213101513448.shtm
Michael chertoff
10-23 07:29 PM
hi all
im in F2B ( LPR filing for son over 21 )
my PD : 12-aug-2009
ON 23-dec-2009 case has been approved , based on the Visa Bulletin currently the are processing visas for F2A with priority date before in 1- JUN i think soon " within 2 month " it will become current and thus all unused visa numbers will transfer to F2B ( spilover ) if this happen i assume i will get my paper and interiview within 2011 .
AM I RIGHT ?????
any insight will be appreciated
100 % right. Have a nice weekend.
MC
im in F2B ( LPR filing for son over 21 )
my PD : 12-aug-2009
ON 23-dec-2009 case has been approved , based on the Visa Bulletin currently the are processing visas for F2A with priority date before in 1- JUN i think soon " within 2 month " it will become current and thus all unused visa numbers will transfer to F2B ( spilover ) if this happen i assume i will get my paper and interiview within 2011 .
AM I RIGHT ?????
any insight will be appreciated
100 % right. Have a nice weekend.
MC
kondur_007
05-15 08:42 PM
The primary applicant's H1-B status must be valid for the dependent to get H-4 VISA stamp. The primary's own VISA stamp is not an issue.
I second that.
As long as your H1 "status" is valid (I 94 is not expired and you are working for H1 job at the employer that is mentioned on I 94), your family members will only need copy of your approved H1 (form 797 with attached unexpired I 94). They will get their visa without much problem.
Good luck.
I second that.
As long as your H1 "status" is valid (I 94 is not expired and you are working for H1 job at the employer that is mentioned on I 94), your family members will only need copy of your approved H1 (form 797 with attached unexpired I 94). They will get their visa without much problem.
Good luck.
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