Wednesday, June 29, 2011

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    • java4yogi
    03-28 07:38 PM
    Hi,

    I have been searching a lot for the H4-H1 cases and have come across the following responses from my lawyer.

    My wife has an H4 from my previous company expiring in July end 2007.

    I have a new approved H1 petition from my new employer approved till Aug 2008. The new employer did not apply for my wife's H4 transfer petition.

    I am now applying for my wife's H1 and I had queried from the lawyers if I need to do the following :

    a) Do we need to apply for my wife's H4 extension now to my current employer.
    RESPONSE FROM LAWYER : NO

    b) Do we need to apply for the extension for my wife's H4 visa, since it is ending last week of July 2007.
    RESPONSE FROM LAWYER : NO

    I am not sure if I am getting the correct responses from my company's lawyer.

    I think my wife is going to go out of status if my company does not apply for her H4 extension. Is that correct ?

    Also, if her H4 is only valid till July end 2007, will the INS issue her an H1 based on this ? Will my wife be forced to leave US from Aug onwards if her H1 petition is pending with the INS?

    I would be very thankful if you could respond to these statements from my lawyer and advise.

    Thanks a lot in advance.



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    • rjgleason
    January 3rd, 2005, 03:54 PM
    Freddy I took some liberty here with your "cold shore" pic and added some filtering......just a quick go-around of a couple of filters (NIK) plugin.......(If I shud remove the post, please let me know)


    http://www.dphoto.us/forumphotos/data/500/6coldshore2Medium_rg.jpg



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    • GotGC??
    06-22 05:18 PM
    Folks,

    The "Time as Resident in a USCIS District" clause in the naturalization process says that "Most people must live in the USCIS District or State in which they are applying for at least 3 months before applying".

    If you have gone thru this process could you please tell if this means that
    a. the person must have stayed for at least 3 months during any time during of the residency period to be eligible to apply in that district

    OR,

    b. the person must live in the district for at least 3 months immediately preceding the naturalization application (for example, if applying in July 2010 then must be present in that state/district at least since Apr 2010)

    The reason I'm asking is that I know people who live in India after GC and then come return to get citizenship...so wondering how it worked...



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    • jliechty
    February 10th, 2006, 09:56 PM
    Sorry that I wasn't able to help, but I'm glad that you were able to resolve the issue.
    Email stories to Microsoft [Archive] - Immigration Voice
    Log in

    View Full Version : Email stories to Microsoft



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    • nda050325
    03-16 09:39 PM
    fromnaija and FinalGC
    Thank you very much for your replies.



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    • chrisclick
    04-10 03:29 PM
    something worth resing :D


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    • sertasheep
    03-25 11:30 AM
    If the exec is laid off, the dependent cannot continue working.
    All beneficiaries of the petition must leave the US immediately.
    I don't think there is any regulation that the employer needs to pay for relocation, but usually, they will provide you a one-way ticket back to your homecountry, but that will be the least of your worries.

    Avoid working on L2 if you think the L1 sponsoring company is not trust-worthy or stable.


    An L-1 work visa is issued to an executive of a company that has worked with his/her company outside of the USA for at least one year. Dependents receive L-2 visas and a spouse can apply for an EAD. Trouble is, if the exec is laid off, all of the dependant visas immediately expire and both the exec and his/her spouse must leave the USA!

    Any ideas how to alleviate this issue? Getting a H1B visa is impractical since they are so scarce.

    Also in this case, is the exec's employer liable for relocation expenses?



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    • jjaspirant
    03-19 04:23 PM
    Will they send an RFE immediately even after the I-485 has been pending for more that 180 days?


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  • Adorabel Lab/ Shephard Puppy


    • willgetgc2005
    04-03 01:50 PM
    Hello,

    Is PERM filed online only or it can be filed by snail mail as well ?

    If is filed online, does the attorney get the receipt number immediately ?

    If it is filed by snail mail, how long does it take for the attorney to get the receipt number ?


    Your response is greatly appreciated.

    Regards



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    • ubetman
    06-10 09:39 AM
    I posted the same kind of question in murthy forum and I got a reply that education requirement is not needed once I140 is approved which determines EB2/EB3. So I guess we can port to any job which is similar/same. Don't take my word and do your own research for exact info.


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    • madmonkey
    08-24 07:00 PM
    Have you tried contacting your local congressman or senator's office? Many times, a request to take action on a pending case from a congressman's office has much better effect than a service request or infopass.



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    • rustamehind
    07-17 09:24 PM
    I agree this turned out to be judgement day for many.


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    • paulkurni
    07-18 01:52 PM
    Hello Experts,

    Little bit of background. I have been working on h1 since 2003 and applied labor in Mar 2005.
    I have was able to get my application with 2007 filers. Got my 140 approved last year and ead and FP done as well. My GC sponsoring company is a desi consultancy, which is helpful to a certain extent and I have been with them since 2004.

    I am in a bit of a dilemma now. The client, where I have been working for last few years, have instated a new policy in which contractors must be on W2 with the vendors. Vendor I am working with is not big and like any other consultancy (Tek, comsys), will fire if you don't have a project for 15-20 days. In the past, I wouldn't have bothered even thinking about this and moved on for another project but because of recession and difficult job market and I am contemplating this move.

    After doing research, I am thinking of the following strategy.

    I will transfer my h1b with the vendor and will not use EAD. Plan to work with the vendor for as long as possible and when the contract ends move back with the GC sponsoring employer. I am going with assumption that the GC sponsor will not revoke my 140 (even though it shouldn't matter as I am past 180 days with 485 and 140 is approved) and when the contract ends I have something to fall back on to. Doing that could secure me if USCIS asks EVL in future and I can simply my GC sponsoring company to show that for future employment. Also, I want to keep h1b as a way to bring my wife (if and when, with divine intervention, I get married somehow).

    Do you think if this is a viable solution? Any suggestion is welcome.



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    • wandmaker
    01-25 04:36 PM
    Query on behalf of a friend -

    What are the timelines for I-539 Change of Status for H1 to H4?
    Is premium processing option available for the this change of status?

    Friend worked till last week of pregnancy (clean H1 history before). Her 12 weeks of maternity leave is ending soon and looks like the family needs to pay attention to child's condition and she has no choice but to become a full-time mom (another full-time job in itself though). She was in status during her maternity leave (some part of which was covered by STD insurance, remaining unpaid leave totaling 12 weeks under FMLA). She needs to change her status from H1 to H4.

    - File for H1-H4 ASAP with in the unpaid leave window
    - No premium processing available for H4


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  • Retriever,Mix,Pictures


    • texcan
    09-05 01:30 PM
    with 90 days validity and I have not seen my receipts or checks cashed yet.

    My lawyer replied to 90 day validity. He mentioned that if at time of sending documents if the check was valid and had not expired then application should be accepted.

    Also he mentioned that with so many procedural errors being overlooked in this last July visa bulletion, this has to be looked over, since this is not a problem of candidate sending documents.

    And there is nothing one can do about it, so i am thinking it will be alright.

    We will be fine.



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    • manja
    05-23 09:21 PM
    Yes but I was thinking, spouse and children are counted in family based visas and how exempting them will benefit EB visas. Correct me if I'm wrong. :confused:


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    • Redeye
    06-18 07:11 PM
    I have a question which I have been wanting to ask for a while, so if GC is for a future job then can someone incorporate a company and work for self on EAD/AC21. If there is query for ablity to pay then at that point can you have an offer from other company and work for that company for 6 months once you get 485 approved.


    Greencard is for the future job you are going to do, after getting the green card.



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    • Ann Ruben
    01-21 08:41 PM
    So, you are entitled to H-1 status through Sept. 2010. Most US consular officers would realize that the petition approval through Aug. 2011 is a mistake and either issue a visa valid only until 9/30/2010 or refuse to issue a visa until you obtain an amended petition approval with the correct validity date. If you do leave the US to go for visa stamping based on your current approval notice, there is a substantial risk that you will be stuck out for some time.

    If it is essential that you be able to travel, my advise would be to have your current employer file an amended petition asking that the end date on the approval notice be changed to 9/30/2010. In that case, you will not be able to extend your H-1 status beyond 6 years unless both your labor cert. and I-140 are approved by 9/30/2010. Given current processing delays, this is unlikely.

    Ann



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    • sonu9
    07-30 12:56 PM
    Hello Attorneys/ known guys, ( first of all sorry for reposting new thread , i ddidnt get anyanswers but ead and ap expire time is coming soon )

    How are you doing ? i am new to here. i will fill all details soon. sorry for that.

    Before i stayed in place "X " which comes under nebrasaka centre, applied for 485, ead and ap. my company also in " X " only.

    Right now i am in place " Y " which comes under Texas centre ( because of my job i moved recently) . Now i want to renew my ead and ap my self . my job, payroll and living is in place " Y " only.

    But my pemanent address is " X " only. I want to continue that for my full GC process.

    what my question is what i have to mention the address for my ead and ap renewal ?

    1) is it "X " address as it is my permanent address and applied my 485 also from there and wish to continue or my "Y " address as i am working , living and payroll are here ?

    2) If i mention " X " address is there any problem ? , dont think wrongly as i really dont know

    3) if i put " Y " address is my case ead and ap along with 485 will move to Texas centre ?
    i really want to avoid it if chances are there in good way as my case before everything in Nebrasca centre compared to Texas centre procesing time is good

    4) If i put " Y " address i will get any RFE ?
    I really dont want that as my 485 was applied from " X " place.

    please answer . Thankyou in advance.



    slowwin
    05-20 04:58 PM
    ^^^^^^



    gcwait2007
    06-06 12:20 PM
    Gurus, My place of birth is different in my passport than that of my birth certificate. I will have the place of birth changed in my passport. Could you pls tell me how difficult/messy is to have the uscis change the place of birth in my h1b petition based on my new passport. I am currently in my second year h1b. please throw light on any possible complications both serious and trifle. I dont have my h1b visa stamped yet. My GC process is going to start soon.

    nath.exists:

    Nothing is difficult, my friend :), as long as you have an excellent attorney to support you. Most attorneys know how to handle your kind of scenario. Please engage services of a seasoned immigration attorney who will do the needful, by writing to USCIS.

    I wish you Good Luck


    Posted by Eochaidh at 6:41 PM

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