kaisersose
08-22 06:02 PM
I am in a very Bad situation it seems, please help.
I am working in US on L1B visa and Wife on L2. then Wife got a Job and her employer filled her 485.
In the mean time I applied for H1 (through a consultant, to get out of the L1B company). Looks like the H1 Got Approved. Now, I think the problem is, If I switch to H1, then she will loose her job and our chance of Getting EAD will go.
I do NOT want to go for H1, but EAD Is important to me. Is there a Way I can keep my L1? (so that my wife can keep her job)
Please help
Check your H-1b approval notice. If it is a visa to be issue abroad petition,then you have nothing to worry about.
if it is a change of status approval with an I-94, then you need to get out of the US on or before the day the change of status becomes effective and then return back to the US on or after the day the change becomes effective with your current L visa.
I am working in US on L1B visa and Wife on L2. then Wife got a Job and her employer filled her 485.
In the mean time I applied for H1 (through a consultant, to get out of the L1B company). Looks like the H1 Got Approved. Now, I think the problem is, If I switch to H1, then she will loose her job and our chance of Getting EAD will go.
I do NOT want to go for H1, but EAD Is important to me. Is there a Way I can keep my L1? (so that my wife can keep her job)
Please help
Check your H-1b approval notice. If it is a visa to be issue abroad petition,then you have nothing to worry about.
if it is a change of status approval with an I-94, then you need to get out of the US on or before the day the change of status becomes effective and then return back to the US on or after the day the change becomes effective with your current L visa.
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STK
02-08 10:58 AM
If I dont transfer my H1B for a couple of years then what happens. So for example I get a job today and start working on EAD and there for a 2-3 years just by renewing EAD via my husband. Three years down the lane I want to get back on H1B due to problems with I485. Is it possible to get on H1B at point in time because I still have three years remaining on it. WOuld the cap be applicable? In addition, if we find out there is a problem with I 485, does INS give me some time like 1-2 months to make that change in status that is from AOS to H1B?
GC_SUCK
08-07 04:35 PM
On there are ppl who filed 485 (RD) in 2007 and got approved. I have no idea how they got approved.
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indio0617
01-30 12:22 PM
You need your employer's approval, without them you cannot change the attorney. If employer's says yes, then you can switch attorney.
Munna Bhai:
When you say "You need your employer's approval, without them you cannot change the attorney" Do you mean that they have to sign the new G28 forms ? Can you clarify ?
Thanks.
Munna Bhai:
When you say "You need your employer's approval, without them you cannot change the attorney" Do you mean that they have to sign the new G28 forms ? Can you clarify ?
Thanks.
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uscisc
09-10 05:56 PM
You will not have problem because of H 1 B withdrawal. For that matter, even if they revoke I-140 you will not have any problem.
But if your case is getting processed, it is possible that you get a REF asking you to provide the employment verification letter. If you can provide a valid employment verification letter at that time then you should be fine. But if you receive an interview notice instead of REF then you should also have the recent pay checks, is very important.
In any case the only issue is if USCIS finds that you are out of Job for a longer period of time then you might run into issues. So, try to get the Job as soon as possible.
But if your case is getting processed, it is possible that you get a REF asking you to provide the employment verification letter. If you can provide a valid employment verification letter at that time then you should be fine. But if you receive an interview notice instead of REF then you should also have the recent pay checks, is very important.
In any case the only issue is if USCIS finds that you are out of Job for a longer period of time then you might run into issues. So, try to get the Job as soon as possible.
tcdsarun
10-02 02:45 PM
My suggestion is consult with good lawyer without any delays. Lawyer knows better how to handle the case.
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waitin_toolong
02-22 10:36 AM
Not only Marriage. Even father, mother close relative has 3 year wait
not true.
And it is 3 years for spouses starts after 2 years of conditional residence
not true.
And it is 3 years for spouses starts after 2 years of conditional residence
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waitingforead
09-03 04:38 PM
Is there premium processing for I-765 which is t get EAD through marriage.
Of course all the papers are being filed together. But I wanted to know specifically about this one.
I thought I saw it somewhere.
Thanks.
Of course all the papers are being filed together. But I wanted to know specifically about this one.
I thought I saw it somewhere.
Thanks.
more...
Robert Kumar
03-23 07:29 PM
Travelling via UK is OK as long as you have GC or a valid US Visa stamped in the passport. Even if flights are delayed, staying at the airport is no problem. The problem is not in UK but at the time of boarding in home country. Once you are on the plane....you are fine.
Thank you.
Which medical insurance is good these days, that pays in the US itself, and no claims business in India, god forbid.
And does it cover pre-existing conditions.
Thank you,
Bobby.
Thank you.
Which medical insurance is good these days, that pays in the US itself, and no claims business in India, god forbid.
And does it cover pre-existing conditions.
Thank you,
Bobby.
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antihero
05-24 01:34 PM
ADIT processing = "Automatic Deletion of Irrelevant Threads" processing
Your thread will soon get ADIT processed.
cheers!
Can anyone tell me what is ADIT processing?
Your thread will soon get ADIT processed.
cheers!
Can anyone tell me what is ADIT processing?
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same_old_guy
12-07 01:28 PM
Dont waste your time for FOIA. You will never got it. I have personally applied for FOIA one and half year back and yet to see any response. I really doubt I will ever get a copy of I-140.
In fact I have not seen or heard of anyone getting I-140 copy based on FOIA. Everyone just said they applied or should get the copy someday; that's it. May be you should just go ahead and apply anyway. It has to negative effect but do not plan anything based on it. For example, you will change job after you get the copy or something like that than you will be waiting forever.
Hi guys,
Does anyone know, When to apply for FOIA for I-140 ? After or Before Approval of I-140. Coz I don't know whether my I-140 is approved or not yet.
Or should we wait until the processing dates cross our reciept dates ?
Anyone who did this successfully, pls enlighten the members.
In fact I have not seen or heard of anyone getting I-140 copy based on FOIA. Everyone just said they applied or should get the copy someday; that's it. May be you should just go ahead and apply anyway. It has to negative effect but do not plan anything based on it. For example, you will change job after you get the copy or something like that than you will be waiting forever.
Hi guys,
Does anyone know, When to apply for FOIA for I-140 ? After or Before Approval of I-140. Coz I don't know whether my I-140 is approved or not yet.
Or should we wait until the processing dates cross our reciept dates ?
Anyone who did this successfully, pls enlighten the members.
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icecolor
04-14 10:59 PM
I sent in my application on 6/29 and I am yet to hear from USCIS.
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suavesandeep
10-02 02:00 PM
Milind,
We did the same for both me and my spouse. I think we applied on Sept 5. I got mine within a week. Its been more than a month and we have not received my wife's SSN. We did call SSA on Sep 22 and they said everything was fine and we should receive it soon, If we do not receive by the end of the month go again to the local office. Have not received it yet, So plan to go to the SSN local office again tomorrow. My guess is it could have got lost in the transit.
Hope this helps.
We did the same for both me and my spouse. I think we applied on Sept 5. I got mine within a week. Its been more than a month and we have not received my wife's SSN. We did call SSA on Sep 22 and they said everything was fine and we should receive it soon, If we do not receive by the end of the month go again to the local office. Have not received it yet, So plan to go to the SSN local office again tomorrow. My guess is it could have got lost in the transit.
Hope this helps.
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Nikith77
12-11 01:39 PM
thanks kevinkris for your response.
So, every 15 to 18 months we will get FP notice.
Did any one get second FP ( JULY 07 filers)
So, every 15 to 18 months we will get FP notice.
Did any one get second FP ( JULY 07 filers)
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Becks
01-21 06:47 PM
This is relevant question and I feel that if recession hits US, consultancy companies may ask people go and work offshore till situation gets better. Most of big consultancy firms have projects from non-US countries so they may utilize people offshore.
I hope situation wont get that worse. Just a thought.
I hope situation wont get that worse. Just a thought.
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knowDOL
05-22 05:12 PM
1. YES
2. Your employer not only should not revoke your I140 but should not be using the LC for someone else. If he chooses use it for some one else the originla beneficiary will no longer get its benefits.
3. The condition for three years extension is you are not able to get to I485 because of retrogression so they will give you three years,
It is possible with a different employer only if the new LC and I140 is approved and you are waiting to file I485.
This is what I know, but I am not an attorney so better to talk to your (new) company attorney before making the move.
2. Your employer not only should not revoke your I140 but should not be using the LC for someone else. If he chooses use it for some one else the originla beneficiary will no longer get its benefits.
3. The condition for three years extension is you are not able to get to I485 because of retrogression so they will give you three years,
It is possible with a different employer only if the new LC and I140 is approved and you are waiting to file I485.
This is what I know, but I am not an attorney so better to talk to your (new) company attorney before making the move.
more...
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loku
08-16 07:41 AM
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.
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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chanduv23
11-14 07:52 PM
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imh1b
05-19 09:42 AM
Can we attend this or it is only for Staff people in Congress?
fromnaija
02-26 01:10 PM
The risk is that you do not know which petition will be approved first. According to the "last action rules" principle, the last petition to be approved will be your wife's status. For instance, if the H4 petition is approved last she may need to file a change of status to be in H1 or alternatively travel out and re-enter with the desired visa, and vice-versa.
martinvisalaw
07-20 02:02 PM
Hi,
1) If I take the H1b extenstion for three years (based on my pending I-485) and let say after one year, I start using my EAD with a new employer and my previous employer revokes my H1B....Will I be able to get back on H1B if my I-485 petition get denied for any reason. All I am trying to see if anything happens to my I-485 petition, will I be able to go back on H1B from EAD.
If your 485 is denied, you will not be eligible for any more H-1B time until you have spent one full year outside the US. You have already used your full 6 years and are only entitled to extensions now because you have an approved I-140 and a backlogged priority date. If these conditions apply even after a 485 denial, you could regain H-1B status, however it depends on the grounds of the 485 denial.
2) I have been reading in the forums that USCIS is giving hard time for the H1B extensions. Any experiences on this?
I haven't had a problem with H-1B extensions
3) How much is the H1B renewal fees?
It depends on whether it is an extension with the same employer or if it is a new employer. The fees are:
$320 I-129 fee
$500 Anti-Fraud fee for first H-1B for this employer and employee, or first extension
$1500 Training fee for first H-1B for this employer and employee, or $750 if under 25 employees
1) If I take the H1b extenstion for three years (based on my pending I-485) and let say after one year, I start using my EAD with a new employer and my previous employer revokes my H1B....Will I be able to get back on H1B if my I-485 petition get denied for any reason. All I am trying to see if anything happens to my I-485 petition, will I be able to go back on H1B from EAD.
If your 485 is denied, you will not be eligible for any more H-1B time until you have spent one full year outside the US. You have already used your full 6 years and are only entitled to extensions now because you have an approved I-140 and a backlogged priority date. If these conditions apply even after a 485 denial, you could regain H-1B status, however it depends on the grounds of the 485 denial.
2) I have been reading in the forums that USCIS is giving hard time for the H1B extensions. Any experiences on this?
I haven't had a problem with H-1B extensions
3) How much is the H1B renewal fees?
It depends on whether it is an extension with the same employer or if it is a new employer. The fees are:
$320 I-129 fee
$500 Anti-Fraud fee for first H-1B for this employer and employee, or first extension
$1500 Training fee for first H-1B for this employer and employee, or $750 if under 25 employees
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