micofrost
09-05 10:48 PM
Hi,
My Wife is currently on H1B, but for personal reason she wants to quit her job and take a break from work for some time. She plans to quit some time in october 2007. But she wants to start working again sometime next year around June 2008. So here are my questions:
1. When she quits her job in october 2007 is her status automatically changed to H4 or do we need to fill up an application to USCIS ?
2. When she applies for H1B next year i.e. June 2008 will that be considered against the H1B cap ? If not, then can she apply around june next year to get her H1B, as opposed to applying early in April when the H1B quota gets full. Also if we apply in June 2008 will her start date be Oct 1'2008 or can she start working as soon as she receives her WAC/LIN number ?
3. When we apply for H1B next year will they require some H4 stamped on my wifes passport ? We dont plan to go out of the country for a couple of years so we will not be doing any stamping (H4). Currently she has her H1B stamped.
Appreciate your help.
Thanks
1. You need to file Change Of Status, I-539.
2. She can go back to H1 any time. It won't be counted against the new quota. Her H4 period won't be counted against her H1 period.
3. It doesnt have to be stampled unless she goes out of the country. Otherwise, during applying H1 for second time, she need to show her H4 status(I797 with H4), which she will get once her I539 is approved.
My Wife is currently on H1B, but for personal reason she wants to quit her job and take a break from work for some time. She plans to quit some time in october 2007. But she wants to start working again sometime next year around June 2008. So here are my questions:
1. When she quits her job in october 2007 is her status automatically changed to H4 or do we need to fill up an application to USCIS ?
2. When she applies for H1B next year i.e. June 2008 will that be considered against the H1B cap ? If not, then can she apply around june next year to get her H1B, as opposed to applying early in April when the H1B quota gets full. Also if we apply in June 2008 will her start date be Oct 1'2008 or can she start working as soon as she receives her WAC/LIN number ?
3. When we apply for H1B next year will they require some H4 stamped on my wifes passport ? We dont plan to go out of the country for a couple of years so we will not be doing any stamping (H4). Currently she has her H1B stamped.
Appreciate your help.
Thanks
1. You need to file Change Of Status, I-539.
2. She can go back to H1 any time. It won't be counted against the new quota. Her H4 period won't be counted against her H1 period.
3. It doesnt have to be stampled unless she goes out of the country. Otherwise, during applying H1 for second time, she need to show her H4 status(I797 with H4), which she will get once her I539 is approved.
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SGP
09-21 09:33 AM
Just got a word from our attorney that my case was approved on 09/08/2010. In my case USCIS did not update the website with the approved status! Not even a soft LUD.... I don't know their operating standard!
Thanks for many of you reading my post! So now you know even with out USCIS website update there is a chance that ones case would be approved.
Lesson learnt: Always check with attorney!
Now on to the final hurdle! I-485.
Raj:)
Hi Raj : Did you switch to EB2 with a new company? If yes, could you please let me know, how long did it take you to get the new labor?
Thanks for many of you reading my post! So now you know even with out USCIS website update there is a chance that ones case would be approved.
Lesson learnt: Always check with attorney!
Now on to the final hurdle! I-485.
Raj:)
Hi Raj : Did you switch to EB2 with a new company? If yes, could you please let me know, how long did it take you to get the new labor?
godspeed
10-09 01:33 PM
Hopefully you have a attorney, sometimes they have more access or just clout more than what we have, so my suggestion would be to get in touch with an attorney.
Do not take this lightly...
This was big surprize to me. Mine and my spuse had hard LUD on our I485 with the current status as :Notice Returned as Undeliverable. There wer no other updates or status change or approval or denial or soft LUD etc.
The most surpising to me that both of us received the Finger Printing notices on our new address just a month ago.
This is really frustrating.
When I called up the 800 number the lady said just ignore this status as this is some computer glitch.
Dont know what to do just believe her or try to do something else?
Need help ! any one out there in same situation???
Do not take this lightly...
This was big surprize to me. Mine and my spuse had hard LUD on our I485 with the current status as :Notice Returned as Undeliverable. There wer no other updates or status change or approval or denial or soft LUD etc.
The most surpising to me that both of us received the Finger Printing notices on our new address just a month ago.
This is really frustrating.
When I called up the 800 number the lady said just ignore this status as this is some computer glitch.
Dont know what to do just believe her or try to do something else?
Need help ! any one out there in same situation???
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manjunathpv
09-21 01:11 PM
Thanks Raj. Is interfiling request just a one page letter to USCIS or anything more involved? I presume you also did the priority date porting at the same time.
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ItIsNotFunny
03-04 05:22 PM
Is there anything i can do on H4 visa??
I would say this is the best time to get education. Learn something, as soon as you have work permit, that will pay you back heavily.
I would say this is the best time to get education. Learn something, as soon as you have work permit, that will pay you back heavily.
GCard_Dream
07-28 04:43 PM
Did you surrender your I94 on the way out? If so, did the IO give you a new I94 when you came back in? The other gentleman made a comment about not surrendering the old I94 if traveling by road and if the trip is less than 30 days.
When we have traveled to Matamoros, MX for stamping we had AP and H1/H4. On return we have used H1/H4. NO questions asked at the border check post.
When we have traveled to Matamoros, MX for stamping we had AP and H1/H4. On return we have used H1/H4. NO questions asked at the border check post.
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newuser
02-23 03:54 PM
Me too.
I use IE 7.0
I use IE 7.0
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raysaikat
07-29 08:32 PM
Hi there, First of all thanks for all active participants you are doing a great service.
One of my friend has a unique situation. His wife and daughter ( both on GC and daughter is 10 years old) has to live outside US for long time due to her health situations. These are the things happened.
1. First time she went to India and stayed there for almost 1 year ( but less than 1 year ) and both came into US with out any problems, but stayed in US for only 1 week to 10 days.
2. Now both are still in India and its been approximately 1 year 10 months ( didn�t fine any extensions or anything like that).
3. Now she got recovered completely and want to come back to US to join her husband, Can they both come back to country with out any problems? Does she need to file any documents to USCIS or in US consulate in India.
Your responses would be much appreciated. Once again thanks for all your help.
They need reentry permit. This page may be helpful:
http://www.hooyou.com/i-485/MaintainlegalPRS.html
One of my friend has a unique situation. His wife and daughter ( both on GC and daughter is 10 years old) has to live outside US for long time due to her health situations. These are the things happened.
1. First time she went to India and stayed there for almost 1 year ( but less than 1 year ) and both came into US with out any problems, but stayed in US for only 1 week to 10 days.
2. Now both are still in India and its been approximately 1 year 10 months ( didn�t fine any extensions or anything like that).
3. Now she got recovered completely and want to come back to US to join her husband, Can they both come back to country with out any problems? Does she need to file any documents to USCIS or in US consulate in India.
Your responses would be much appreciated. Once again thanks for all your help.
They need reentry permit. This page may be helpful:
http://www.hooyou.com/i-485/MaintainlegalPRS.html
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amoljak
03-22 11:13 AM
I think he was talking about s1932... the immigration related provisions were removed from that in the conference. You need inform them that they should at least get behind the Frist bill or Spector bill and request them to support removing the hard limits on the country quotas.
Some talking points may be:
Ask them if they support quotas for college admissions, and then ask if they support country quotas for immigration...
Explain how quotas that are not tied to population are punishing countries like India and China with larger population.
Also explain how government is dictating to the companies where they can get the talent from and how that harms businesses as it punishes countries with good education system and large talent pools.
Some talking points may be:
Ask them if they support quotas for college admissions, and then ask if they support country quotas for immigration...
Explain how quotas that are not tied to population are punishing countries like India and China with larger population.
Also explain how government is dictating to the companies where they can get the talent from and how that harms businesses as it punishes countries with good education system and large talent pools.
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Ramba
03-28 10:49 AM
Ramba,
We're definitely working on this issue and I am sorry that I am not able to go into further details.
202(a)(3) clubs the excess quota for EB and FB together and hence excess EB numbers flow over to FB and vice Versa, which is different from 202(a)(5) which asks for applying the excess quota within a EB cateogry itself.
Thanks admin. I understand diffence between a3 and a5 in 202 section. The flow of EB visas to FB (or FB to EB) make the total numarical limit invalid in EB and FB catagries (480K in FB and 140K in EB). If the flow happens accorss the catagory, the law is broken, then there is no meaning of numarical limit in FB or EB visas. Though A3 and A5 has theoriticallyy same meaning(to remove per couthry quota, if excess visas available) DOS have to keep FB and EB seperate track to control the visa numbers in each catagory seperatly. Before 1999, (ie before A5 was introduced thro AC21) all the FB catagories have been backlogged. But EB was current in most catagories. We do not know how DOS handled the situation. we need to understand that in US immigration history, was there any flow of EB numbers to FB numbers when there was a huge demand for EB numbers. It is better to counsult with AILA to understand the historical reasons and how A3 was handled by DOS in previous years ie before 1999.
Why I am writing this is, we may be still safe by the section A3, though section A5 was deleted in both the bills. Unfortunally no attonnies has reported/found this untill IV discussed it.
We're definitely working on this issue and I am sorry that I am not able to go into further details.
202(a)(3) clubs the excess quota for EB and FB together and hence excess EB numbers flow over to FB and vice Versa, which is different from 202(a)(5) which asks for applying the excess quota within a EB cateogry itself.
Thanks admin. I understand diffence between a3 and a5 in 202 section. The flow of EB visas to FB (or FB to EB) make the total numarical limit invalid in EB and FB catagries (480K in FB and 140K in EB). If the flow happens accorss the catagory, the law is broken, then there is no meaning of numarical limit in FB or EB visas. Though A3 and A5 has theoriticallyy same meaning(to remove per couthry quota, if excess visas available) DOS have to keep FB and EB seperate track to control the visa numbers in each catagory seperatly. Before 1999, (ie before A5 was introduced thro AC21) all the FB catagories have been backlogged. But EB was current in most catagories. We do not know how DOS handled the situation. we need to understand that in US immigration history, was there any flow of EB numbers to FB numbers when there was a huge demand for EB numbers. It is better to counsult with AILA to understand the historical reasons and how A3 was handled by DOS in previous years ie before 1999.
Why I am writing this is, we may be still safe by the section A3, though section A5 was deleted in both the bills. Unfortunally no attonnies has reported/found this untill IV discussed it.
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missourian
06-25 11:11 AM
My case my company pays $325 for both(me and spouse)
$70 * 2 (Finger Print)
$170* 2
$180 * 2
I have take care of it, plus I have already spent around $700 for medical, there is no lawer fees though
$70 * 2 (Finger Print)
$170* 2
$180 * 2
I have take care of it, plus I have already spent around $700 for medical, there is no lawer fees though
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yogirajd
11-09 12:43 PM
Recently I have got Denial notice from INS on my I-140 application. All the documents are fine. Just They have mentioned as My Education Qualification is not equivalent to US Education. My Education is B.Sc. Physics and MBA.
Is anybody has got same problem, and if yes Please let me know what to do in this situation.
I am thinking of getting good Education Evaluation from Somebody. But I don't know it�s just happened because of Lawyer. Do I need to go to smart , strong Attorney to do this. OR Apply for new labor again and start the process.
Please suggest me on this.
Thanks
Yogs.
Is anybody has got same problem, and if yes Please let me know what to do in this situation.
I am thinking of getting good Education Evaluation from Somebody. But I don't know it�s just happened because of Lawyer. Do I need to go to smart , strong Attorney to do this. OR Apply for new labor again and start the process.
Please suggest me on this.
Thanks
Yogs.
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greencard2008
06-11 09:14 PM
I have used all my H1 years... I was not eligible for extension as my labor /perm was filed < 365 days. Currently on EAD with I 140 pending.. Am I eligible? :cool:
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bipin
03-18 03:28 PM
Complaining to DOL is an option, but that's a long process. I'm trying to avoid red flag gets raised and making my attorney richer by RFE, MTR etc.
Since my current company is ready to help, I'm looking for ways to get the $10K (from my this year's salary) included in the current W2 before I file my taxes.
Later I can take on my ex-employer and it can take it's own time.
This employer already hurt you by revoking your 140 and seems like you are not a big fan of his. Why don't you file a WH4 form with DOL for Feb'08 to Apr'08 salary. That way it becomes your ex-employer problem and you can explain your status all the way from Jan'08 to Apr'08.
Since my current company is ready to help, I'm looking for ways to get the $10K (from my this year's salary) included in the current W2 before I file my taxes.
Later I can take on my ex-employer and it can take it's own time.
This employer already hurt you by revoking your 140 and seems like you are not a big fan of his. Why don't you file a WH4 form with DOL for Feb'08 to Apr'08 salary. That way it becomes your ex-employer problem and you can explain your status all the way from Jan'08 to Apr'08.
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joydiptac
02-15 03:17 PM
Even I was thinking in these lines. :D Just a few days back I figured that Hyderabad used to be a country even after Indian independence. Even though I am from a different state, I was thinking that people from the former state of Hyderabad should be able to get their own 7% quota. (Hyderabad State - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Hyderabad_State))
From what I can tell a good % of Indians in the US come from this state. :D
Should help a lot of people huh? (and reduce the line in front of me how selfless of me) :D
But your finding on dependency is even better I guess we can add Kashmir and Hyderabad state to it too. :D
If not ever a reality it makes up for a good joke. :D
From what I can tell a good % of Indians in the US come from this state. :D
Should help a lot of people huh? (and reduce the line in front of me how selfless of me) :D
But your finding on dependency is even better I guess we can add Kashmir and Hyderabad state to it too. :D
If not ever a reality it makes up for a good joke. :D
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lvinaykumar
05-18 12:42 PM
The only scenario where porting from EB3 to EB2 would help someone else in the EB3 queue is when the person who ported does not use the regular allotment of the EB3 and hence another EB3 person gets it. But then, a lot of EB3 folks get in front of other EB3s by moving to EB2 and this reduces the chance of the extra visa numbers reaching EB3. I would say porting is not good for the EB3 people staying in EB3 except a few situations.
I was not aware that EB3 were getting over regular allotment....but porting is the only way i see people getting the GC in a reasonable time-frame if you are stuck in EB3 queue :cool:
I was not aware that EB3 were getting over regular allotment....but porting is the only way i see people getting the GC in a reasonable time-frame if you are stuck in EB3 queue :cool:
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james_bond_007
04-03 01:57 AM
thank you roseball.. I already booked an infopass appointment for Monday. If the additional review is done by DHS, will contacting the Ombudsman's office help in anyway ? anybody have experience in resolving the "additional review" , please update.
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whattodo21
01-06 11:59 AM
Good to hear there is a serious attempt being made. However, in light of what is happening with comprehensive healthcare reform, is it advisable to try comprehensive immigration reform especially with the congressional make of of the 2 chambers?
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abdulazeez77
08-11 10:18 AM
I think she has an I-797 for herself. Regarding I 539, do we need this? My new H1B will be valid until 2009.
bigboy007
11-21 02:07 AM
You can call UK consulate and ask them for this information. They have a paid phone service (~2 dollars per minute) available. If you do not mind me asking, why are you going through the pain of getting a transit visa?
they advice atleast 4-6 weeks even though avg processing time is 10 business days, you may email them its better than paying for same info
they advice atleast 4-6 weeks even though avg processing time is 10 business days, you may email them its better than paying for same info
addsf345
11-25 01:27 PM
My 485 got denied Oct14th as my previous employer withdrawn approved 140. I changed employer after 1year of 485 pending. I (Lawyer) filed MTR on NOV 6th. Got mtr granted yesterday.PM me if you need more details
Congratulations that finally everything is again on track. Sorry to hear the trouble you had without any fault of your own. Did you used AC21 by H1 transfer or just used EAD?
Congratulations that finally everything is again on track. Sorry to hear the trouble you had without any fault of your own. Did you used AC21 by H1 transfer or just used EAD?
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