roseball
04-02 12:19 PM
Hi All,
My Wife�s I-94 expired on Jan 15, 2010 and I did not know that I had to apply for her H4 extension while applying for my H1B extension under regular processing on March 1, 2010.My employer also forgot to apply for H4 extension. Now that, it�s been more than 2 months with the I-94 expired, Can you please let me know what options I have to resolve this issue?
1.Can I upgrade my H1 Processing to Premium and add the H4 processing to it, so that both H1 and H4 are processed simultaneously?
2.If adding H4 while upgrading H1 to premium is not possible, Should I just upgrade my H1 to Premium so that I can know the results soon and have ample time (before the 180 days grace period) to apply for H4 extension(I-539).Is it true that H1B premium approval is risky compared to regular processing ?
3.Is it safe to go back to India within 180 days (after I-94 expiration) and get H4 stamping in her home country once I get my H1 Extension?
4.Should I just leave my H1B in regular processing and attach the H4 extension (I-539) to it? If attaching H4 is not possible, Can I file H4 separately and get it approved before 180 days expiration?
5.Once her H4 extension is approved, can she get her H4 VISA re-validated in US? Can she apply under �Nunc-pro-tunc� Category?
6.Does she have an option to attend H4 visa interview in Canada or Mexico as her Visa and I-94 are expired? If yes, is this better option than going to India?
Please reply.
Thanks in advance
Chinna
Just apply her H4 asap. No need to upgrade your pending H1 extension to PP (unless your employer is paying for it). Only your H1 application will be processed under PP. They will process H4 under normal processing. Both applications are processed under PP only when they are applied together. There is no separate PP service for I-539 application. I don't see a big issue here since not much time has passed since her H4 expiry. I have seen worst cases, more than 2 yrs before realizing H4 expiration. Like others suggested, no need for her to travel outside the country for stamping. Just file I-539 asap and go from there.
My Wife�s I-94 expired on Jan 15, 2010 and I did not know that I had to apply for her H4 extension while applying for my H1B extension under regular processing on March 1, 2010.My employer also forgot to apply for H4 extension. Now that, it�s been more than 2 months with the I-94 expired, Can you please let me know what options I have to resolve this issue?
1.Can I upgrade my H1 Processing to Premium and add the H4 processing to it, so that both H1 and H4 are processed simultaneously?
2.If adding H4 while upgrading H1 to premium is not possible, Should I just upgrade my H1 to Premium so that I can know the results soon and have ample time (before the 180 days grace period) to apply for H4 extension(I-539).Is it true that H1B premium approval is risky compared to regular processing ?
3.Is it safe to go back to India within 180 days (after I-94 expiration) and get H4 stamping in her home country once I get my H1 Extension?
4.Should I just leave my H1B in regular processing and attach the H4 extension (I-539) to it? If attaching H4 is not possible, Can I file H4 separately and get it approved before 180 days expiration?
5.Once her H4 extension is approved, can she get her H4 VISA re-validated in US? Can she apply under �Nunc-pro-tunc� Category?
6.Does she have an option to attend H4 visa interview in Canada or Mexico as her Visa and I-94 are expired? If yes, is this better option than going to India?
Please reply.
Thanks in advance
Chinna
Just apply her H4 asap. No need to upgrade your pending H1 extension to PP (unless your employer is paying for it). Only your H1 application will be processed under PP. They will process H4 under normal processing. Both applications are processed under PP only when they are applied together. There is no separate PP service for I-539 application. I don't see a big issue here since not much time has passed since her H4 expiry. I have seen worst cases, more than 2 yrs before realizing H4 expiration. Like others suggested, no need for her to travel outside the country for stamping. Just file I-539 asap and go from there.
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tcsonly
09-19 04:53 AM
ras,
There is no need to react. If you attended the rally, you can politely answer about your participation.
Update you signature that you attended the rally, and if you met any lawmaker offices.
-C.
There is no need to react. If you attended the rally, you can politely answer about your participation.
Update you signature that you attended the rally, and if you met any lawmaker offices.
-C.
snathan
02-09 09:33 PM
"US Masters degree has no value anymore. Don't pursue a masters degree from US . You won't be able to find a job due to protectionist agends of US law makers.. Take your money somewhere less.Foreigners won't get jobs in USA "
Let us make atleast Indians run from Higer education industry of America and colleges will feel the heat as 50% of them have revenue stream out of foreign students. This will make these clown senators o understand the repercussions of protectionism.
If we can print an article in any leading daily in India, I am sure lots of other papers will pick up the same story.
Let us make atleast Indians run from Higer education industry of America and colleges will feel the heat as 50% of them have revenue stream out of foreign students. This will make these clown senators o understand the repercussions of protectionism.
If we can print an article in any leading daily in India, I am sure lots of other papers will pick up the same story.
2011 Background in Photoshop.
EndlessWait
12-07 03:03 PM
bump /\/\
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met3259
10-10 04:32 PM
Once you get your GC, you can do what you want when you want. You can work anywhere. Your consulting company nor any company has the right to hold you on any contract whatsoever, unless ofcourse your client has non competitive contract that prohibits you from joining them.
For naturalization, it does not matter whatsoever. You can say that you were offered a better position that matched your skill set and experience and hence you ("on your own free will") joined another company. And hey, congrats. Worry not. U R much better off. Love your job, not the company!!! And you can work 2 jobs that are not even related. No one cares -
I also just got GC
I think that in this case this person can "move on". HOWEVER - I would retain STRONG DOCUMENTATION that this is not your choice and that the consulting firm is letting you go!
We need to understand this as a group and my attorney tells me that: I am being brought into this country to do this job - I can not simply leave the next day after getting GC on my own accord (unless in very similar job -- as in this case); BUT this is a grey area where we must spend "some" amount of time in the job we are being brought in for -- six months? 9 months? 1 yr?
My attorney has indicated 6-9 months is reasonable to move on to something completly new (as I have been doing this job for 6.8 years and am tired of it).
Help anyone???????
For naturalization, it does not matter whatsoever. You can say that you were offered a better position that matched your skill set and experience and hence you ("on your own free will") joined another company. And hey, congrats. Worry not. U R much better off. Love your job, not the company!!! And you can work 2 jobs that are not even related. No one cares -
I also just got GC
I think that in this case this person can "move on". HOWEVER - I would retain STRONG DOCUMENTATION that this is not your choice and that the consulting firm is letting you go!
We need to understand this as a group and my attorney tells me that: I am being brought into this country to do this job - I can not simply leave the next day after getting GC on my own accord (unless in very similar job -- as in this case); BUT this is a grey area where we must spend "some" amount of time in the job we are being brought in for -- six months? 9 months? 1 yr?
My attorney has indicated 6-9 months is reasonable to move on to something completly new (as I have been doing this job for 6.8 years and am tired of it).
Help anyone???????
prince_charming
02-15 01:06 PM
Ding...
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kiran_k02
12-12 12:33 AM
Hi
My wife need to travel to india urgently. Our visa/I94 expired in Oct. We already applied 485 and is pending.
1) Will there be any issue at airpot as I94 is expired.A xerox copy of 485 receipt is sufficient. There shouldn't be any issue at the airport, I actually did not surrender my I-94 once out of ignorance and gave it to immigration officer on my way back. Anyway, As per your plan, take a copy of I485 receipt.
2) Does she need to travel any path in this case( I heard thru London is issue if visa is expired.France/Amsterdam Etcc..) London, you would need transit visa if you do not have US Visa stamped on your passport (even AP cannot help you here). I don't know about other Airports.
Thanks in advance.
Sree
I am a layman like you, please do your research and talk to your attorney to get final confirmation on these issues.
My wife need to travel to india urgently. Our visa/I94 expired in Oct. We already applied 485 and is pending.
1) Will there be any issue at airpot as I94 is expired.A xerox copy of 485 receipt is sufficient. There shouldn't be any issue at the airport, I actually did not surrender my I-94 once out of ignorance and gave it to immigration officer on my way back. Anyway, As per your plan, take a copy of I485 receipt.
2) Does she need to travel any path in this case( I heard thru London is issue if visa is expired.France/Amsterdam Etcc..) London, you would need transit visa if you do not have US Visa stamped on your passport (even AP cannot help you here). I don't know about other Airports.
Thanks in advance.
Sree
I am a layman like you, please do your research and talk to your attorney to get final confirmation on these issues.
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nvmurali
06-02 04:20 PM
You will have to restart your GC process, but once you have the new PERM and I-140 approved, you can recapture your old PD (which is Feb '08), but you can't use provisions from the AC21 unless your AOS was pending for at least 180 days when you make the change.
This is not legal advise - a lawyer consultation is highly recommended.
I'm sorry -- I didn't follow. Can I use the H1-B which has been extended for 3 yrs since my 140 was approved already for a yr and the visa numbers weren't current? (I've already used up by 6 yrs)
Thanks,
Murali
This is not legal advise - a lawyer consultation is highly recommended.
I'm sorry -- I didn't follow. Can I use the H1-B which has been extended for 3 yrs since my 140 was approved already for a yr and the visa numbers weren't current? (I've already used up by 6 yrs)
Thanks,
Murali
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Axilleus
10-23 10:42 AM
EAD application sent Aug 26 (Arrived Aug 28)
RN Sep 17
FP Oct 20
Current Status: Case received and pending
I am supposed to start working on Nov 5 and I pray and hope to get my EAD by then.
RN Sep 17
FP Oct 20
Current Status: Case received and pending
I am supposed to start working on Nov 5 and I pray and hope to get my EAD by then.
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Hey Ram GC
05-05 05:33 PM
I did try to change the title, but can not. In the body, i did, but main page, i can not.
BUT I can wish about EB3- India to be current soon
BUT I can wish about EB3- India to be current soon
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Tshelar
08-24 08:57 AM
As far as I know INS cannot look into somebody's tax records without the individual's consent. I am not sure this is even a genuine post.
And of course IRS is happy take your taxes, they don't care about the immigration status.
And of course IRS is happy take your taxes, they don't care about the immigration status.
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Karthikthiru
09-20 10:08 AM
I heard this NPR news while I was driving to office. The reporter really differentiates Skilled legal immigrants and Unskilled illegal immigrants. A good one
Thanks
Karthik
Thanks
Karthik
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xu1
08-03 01:34 PM
To be able to file EB2 the position has to belong to O*net zone 5. For instance if you are an engineer, open the link http://online.onetcenter.org/find/result?s=engineer&g=Go and click over the engineering that mostly suits you. If that position is job zone 4 then it is EB3 if it is job zone 5 then it is EB2. Then you have to check the salary for the area where you work, if your basic salary is superior to the minimum (level 1) of the position then you are fine.
Though I don't know anything about the zone 5 requirement, judging by the vast majority of H1b jobs there are, very few are qualified zone 5. Thus there would have been very few EB2 filing (PERM or the other)
This is not evidenced by what I have seen on many forums, or people that I know that filed for EB2 and then had it approved.
Though I don't know anything about the zone 5 requirement, judging by the vast majority of H1b jobs there are, very few are qualified zone 5. Thus there would have been very few EB2 filing (PERM or the other)
This is not evidenced by what I have seen on many forums, or people that I know that filed for EB2 and then had it approved.
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amoldc
10-30 02:08 PM
Hi My Application alongwith my wife and daughter reached NSC on July 2 and signed by J. Barett. Till date (Oct 30 - 2007) I have not received any information. Its over 4 months and whenever I call USCIS they are asking me to wait. I think my application is lost.
My lawyer had sent 25 applications in one packet 22 of them got receipts except the three for me, my wife and daughter.
Will I be able to refile? Lawyer has Fedex Receipt....
My lawyer had sent 25 applications in one packet 22 of them got receipts except the three for me, my wife and daughter.
Will I be able to refile? Lawyer has Fedex Receipt....
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gc_check
06-29 01:46 PM
Just signing and sending the last page in the 485 which doesnt have much Data .you can save a lot of time. You can verify online the data entry work done by the para-leagl and you are good to go and save couple of days ..i moved to a small firm ( from a over priced attorney ) and he was quite good. My forms are ready to pickup by Fedex in the evening from Attorney's office
Well you have a option to hire your own attorney and get things done the way you like.... But, In my case, like many other I have to get my paper work done by the immigration attorney's part of my company in-house legal department and they are pretty good at getting things done, but not at the time farme you want to get things done.
In my case all the documents must be sitting at my attorney's desk with all the requried docs, etc.. They just need to attach the employment letter, checks and review/ship it... But have no clue when this will be done. Hope it is within the first week. Just got one email that they understand the urgenecy and will do at the earliest. No other updates.
Well you have a option to hire your own attorney and get things done the way you like.... But, In my case, like many other I have to get my paper work done by the immigration attorney's part of my company in-house legal department and they are pretty good at getting things done, but not at the time farme you want to get things done.
In my case all the documents must be sitting at my attorney's desk with all the requried docs, etc.. They just need to attach the employment letter, checks and review/ship it... But have no clue when this will be done. Hope it is within the first week. Just got one email that they understand the urgenecy and will do at the earliest. No other updates.
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EB-VoiceImmigration
09-18 11:56 AM
@Pinky001:
To the best of my knowledge, here are the answers to your Q's
1) No (because you are applying for different class)
2) H1 and H4 are not in same class.
Why I said H1 and H4 is not in same class is, when you choose "Purpose of Travel" as "working in USA" then they are showing multiple choices for "Select Visa class". where it lists H1 , H2, h3 etc.. separately. When H1 and H2/ H3 are not in same class then how H4 will be of same class as H1.
Also refer the link below. where it listed H1 and H4 separately in Visa class table.
Non-Immigrant Visas - Visa Classes (http://madrid.usembassy.gov/cons/nonimmigvisaclasses.html)
To the best of my knowledge, here are the answers to your Q's
1) No (because you are applying for different class)
2) H1 and H4 are not in same class.
Why I said H1 and H4 is not in same class is, when you choose "Purpose of Travel" as "working in USA" then they are showing multiple choices for "Select Visa class". where it lists H1 , H2, h3 etc.. separately. When H1 and H2/ H3 are not in same class then how H4 will be of same class as H1.
Also refer the link below. where it listed H1 and H4 separately in Visa class table.
Non-Immigrant Visas - Visa Classes (http://madrid.usembassy.gov/cons/nonimmigvisaclasses.html)
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Sachin_Stock
08-13 02:01 PM
So what are you complaining about :)
Remember, its for you future employment, and in all good faith, you MUST join the company where you now have Eb2.
Remember, its for you future employment, and in all good faith, you MUST join the company where you now have Eb2.
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tabletpc
08-02 09:01 AM
Not to scare you...from u r details on GC...i will be surprised if you get 485 approved in 3-4 years as the PD is 2006 and its EB3.
As of changing the job dilemma, i am alos in same boat. Being single we can't even use 485 benifits nor we can think of moving to another job. Mine is eb2 and 2006, but still can't think of waiting any longer. I ask myself this question of changing job/not 1000 times a day. Its jsut a matter of time before i get firm on my decsion.
As of changing the job dilemma, i am alos in same boat. Being single we can't even use 485 benifits nor we can think of moving to another job. Mine is eb2 and 2006, but still can't think of waiting any longer. I ask myself this question of changing job/not 1000 times a day. Its jsut a matter of time before i get firm on my decsion.
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mikemeyers
11-09 12:20 PM
anyone else has any opinion..plz share it...
raghuram
11-10 12:57 PM
Even though the immigration is the highest priority for all of us on this web site, that is not the same with Mr. President elect. He has to take care of other pressing issues like economy, Iraq war etc. first.
Therefore, I don't think it would be worthwhile to spend our resources for at least 6 more months. Once he settles down in the office and other things start moving, we can try at that time.
Therefore, I don't think it would be worthwhile to spend our resources for at least 6 more months. Once he settles down in the office and other things start moving, we can try at that time.
sk.aggarwal
05-04 11:19 AM
What happens, once he moves to the new employer and his present employer withdraws I-140? For any subsequent H1 transfers/extensions will he will need to have an approved I-140, which is not withdrawn ?
Could there be issues, if new employer does a lay off what happens when perm/i-140 is pending or not filled yet
Could there be issues, if new employer does a lay off what happens when perm/i-140 is pending or not filled yet