fide_champ
03-21 11:26 AM
Please see below for my answers..
I'm on H4. I have got an offer from a company and they will do my H1
I have few questions
1)How easy it is to transfer H1's to another company? What documents I need?
You'll have to file a Change of Status application with USCIS. If this is your first time H1-B, then you will be subjected to the cap.
2)Is it possible to convert back to h4? I have 2 kids so I might have to convert back to H4 from h1 if I cannot take the stress.
what documents do I need?Do I need to go out of US for this?
Yes, you can change your status to H4 from H1. You do not need to travel outside of US. You need to show that your spouse is maintaining proper status. You do not need to show your paystubs for this.
3)Once back on H4, and in future If I want to get back on h1, Am I subject to cap?
Since you have already held H1-B status for a non-exempt employer, you are not subjected to the cap
I'm on H4. I have got an offer from a company and they will do my H1
I have few questions
1)How easy it is to transfer H1's to another company? What documents I need?
You'll have to file a Change of Status application with USCIS. If this is your first time H1-B, then you will be subjected to the cap.
2)Is it possible to convert back to h4? I have 2 kids so I might have to convert back to H4 from h1 if I cannot take the stress.
what documents do I need?Do I need to go out of US for this?
Yes, you can change your status to H4 from H1. You do not need to travel outside of US. You need to show that your spouse is maintaining proper status. You do not need to show your paystubs for this.
3)Once back on H4, and in future If I want to get back on h1, Am I subject to cap?
Since you have already held H1-B status for a non-exempt employer, you are not subjected to the cap
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for_gc
09-21 11:52 AM
I don't agree with more fees for 485 etc ...
They are already taking too much money out of us ...
They are already taking too much money out of us ...
sathweb
02-04 04:31 PM
You are merely a beneficiary of 140 application, the petitioner is your GC sponsoring company - only the company or representative has the authority to make inquiries. First step, you should ask your attorney or company to call USCIS and mention that your 140 is outside processing time and also you had responded to an RFE , it has passed standard response/decision time (usually 60 days) - ask the CSR to open an SR. For the most cases that I know, this has triggered a decision with in 45 days from the date of SR. Hope this helps.
I totally agree with you. Legally that�s all you could do.
But if you approach your Senator office, all they wanted to know is that your GC is dependent on it. When Senator sends congressional enquiry, USCIS does not question Senator about who requested.
I am not sure about legality of it; as long as it works go for it. Before asking Senator�s help, try your attorney and SR etc, mention in your letter to Senator that you tried all avenues before approaching him.
I totally agree with you. Legally that�s all you could do.
But if you approach your Senator office, all they wanted to know is that your GC is dependent on it. When Senator sends congressional enquiry, USCIS does not question Senator about who requested.
I am not sure about legality of it; as long as it works go for it. Before asking Senator�s help, try your attorney and SR etc, mention in your letter to Senator that you tried all avenues before approaching him.
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indyanguy
09-18 08:33 PM
july 2nd filer. transfer notice receipt date is aug 30th. This is confusing! Can someone please clarify:mad:
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bho123
08-11 11:33 PM
Guys
I have filed for my renewal EAD on May 29th at NSC. My current EAD expires on Sept 24th. I havent got the renewal EAD yet, where as my wife got it both applications were sent in the same envelope. I am working on EAD and am losing sleep since if my EAD doesnt come in time I will be out of my payroll.
Has some one gone to the local USCIS office to get the interim EAD recently? I was told that option no longer exists.
Can some one post the FAX #s to expedite EAD requests?
yes that is true, Local uscis no longer provides interim EAD. they just place a request for interim EAD from their office only after your application has crossed 90 days from the receipt date (not notice date).
I have filed for my renewal EAD on May 29th at NSC. My current EAD expires on Sept 24th. I havent got the renewal EAD yet, where as my wife got it both applications were sent in the same envelope. I am working on EAD and am losing sleep since if my EAD doesnt come in time I will be out of my payroll.
Has some one gone to the local USCIS office to get the interim EAD recently? I was told that option no longer exists.
Can some one post the FAX #s to expedite EAD requests?
yes that is true, Local uscis no longer provides interim EAD. they just place a request for interim EAD from their office only after your application has crossed 90 days from the receipt date (not notice date).
hemanth22
06-20 04:43 PM
Gurus
Please advice on the usage of A number
I came here as student and OPT before, the OPT had a A number
In my approved I-140 i had a A number, both the numbers are different
While filing the forms for 485/EAD/AP and I-693 ( medical report ) i saw a field for A number
Which number must i put in the field
Regards
Please advice on the usage of A number
I came here as student and OPT before, the OPT had a A number
In my approved I-140 i had a A number, both the numbers are different
While filing the forms for 485/EAD/AP and I-693 ( medical report ) i saw a field for A number
Which number must i put in the field
Regards
more...
senk1s
04-23 11:19 PM
P A A R T E Y !!
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lalithkx
08-19 11:54 AM
Per Murthy EAD will be ganted only for one year if I-140 has not yet approved.
An important point made in the clarification is that, regardless of an unavailable priority date, the EAD will only be granted for one year if the I-140 petition has not yet been approved.
Yes, My I-140 is still pending but both me and my wife got 2 year EAD.
I think they changed their policy at their convenience.
An important point made in the clarification is that, regardless of an unavailable priority date, the EAD will only be granted for one year if the I-140 petition has not yet been approved.
Yes, My I-140 is still pending but both me and my wife got 2 year EAD.
I think they changed their policy at their convenience.
more...
meridiani.planum
07-18 11:39 PM
Hi,
My wife's 485 is rejected with the following reason "The application/petition was filed on the outdated version of this form". The rejection notice has a receive date of July 1st 2010 and a LIN number. Now the problem-
My 485 was approved on July 8th, 2010 and I received a "Welcome to USA" notice on July 12th. My H1 has expired on July 14th, 2010 along with wife's H4 and our I-94's. We applied for both the H extensions in may. Now if we resubmit the 485 with the new application will the USCIS honor the July 1st receive date?
My main concern is on her status, any input will be greatly appreciated.
Thank you.
yes you can still file her 485 since you were married before your approval. upto 6 months of out of status is anyway acceptable for 485 filing, so dont worry about the 5 days.
However get hold of a real good lawyer (Murthy/Rajiv Khanna etc) to file this case now so there is no screw-up again.
My wife's 485 is rejected with the following reason "The application/petition was filed on the outdated version of this form". The rejection notice has a receive date of July 1st 2010 and a LIN number. Now the problem-
My 485 was approved on July 8th, 2010 and I received a "Welcome to USA" notice on July 12th. My H1 has expired on July 14th, 2010 along with wife's H4 and our I-94's. We applied for both the H extensions in may. Now if we resubmit the 485 with the new application will the USCIS honor the July 1st receive date?
My main concern is on her status, any input will be greatly appreciated.
Thank you.
yes you can still file her 485 since you were married before your approval. upto 6 months of out of status is anyway acceptable for 485 filing, so dont worry about the 5 days.
However get hold of a real good lawyer (Murthy/Rajiv Khanna etc) to file this case now so there is no screw-up again.
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sweet_jungle
01-10 06:17 PM
What do you mean by
"Can an attorney force me to file AC-21 even if i dont want to?"
Are you asking if the attorney would file the change of employment letter?
Please clarify your question
What I am trying to say is if the attorney prefers Ac-21 filing without waiting for RFE, while I may want to wait for RFE if i am sure sponsoring employer wont withdraw 140, whose word will prevail?
"Can an attorney force me to file AC-21 even if i dont want to?"
Are you asking if the attorney would file the change of employment letter?
Please clarify your question
What I am trying to say is if the attorney prefers Ac-21 filing without waiting for RFE, while I may want to wait for RFE if i am sure sponsoring employer wont withdraw 140, whose word will prevail?
more...
GCnightmare
08-13 09:32 PM
Does filing of dependent's I-485 anything to do with LUD on approved I-140/I-131 of Primary applicant? Anybody having similar experience?
Thanks
Thanks
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tanaysengar
02-22 05:15 PM
I turned out to be my I-485 approval notice!
I just received it yesterday.
Thanks all.
Freedom1.
---------------------------------------
Freedom1 - I received similar message and since I moved, I have not got any notice from USCIS. How long did it take for you to get the notice? Did the notice tell to complete any formalities at your local USCIS office?
I just received it yesterday.
Thanks all.
Freedom1.
---------------------------------------
Freedom1 - I received similar message and since I moved, I have not got any notice from USCIS. How long did it take for you to get the notice? Did the notice tell to complete any formalities at your local USCIS office?
more...
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gc_peshwa
03-10 11:07 AM
No problems for me at all. I just logged in and transferred some to my parents back in India.
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sr123
05-25 06:48 AM
sent
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USDream2Dust
09-24 06:38 PM
Guys.Don't make the mistake that I made.
When you do medicals, get a copy for yourself as the doctor would seal the form and give you. Keep a copy for yourself.
I went in to get Physicals done and was charged 580$ for me and my wife.
they normally charge 200$ per person which is quite normal here in NJ/NY.
But they couldn't fine a record for me and had to order blood work and charged me160 for it. Also gave me 25$ flu shot.
On top of all they won't use my insurance for physicals.
SUCKS!!!!
When you do medicals, get a copy for yourself as the doctor would seal the form and give you. Keep a copy for yourself.
I went in to get Physicals done and was charged 580$ for me and my wife.
they normally charge 200$ per person which is quite normal here in NJ/NY.
But they couldn't fine a record for me and had to order blood work and charged me160 for it. Also gave me 25$ flu shot.
On top of all they won't use my insurance for physicals.
SUCKS!!!!
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indianabacklog
08-06 07:37 AM
I-140 was approved on october 08, 2002
and it was filed on may 20, 2003
i dnt think that my dad filed I-485.
Since the I140 was approved in October 2002 and the visa became current in August 2003, from my knowledge you had until August 2004 to file the I824. The CSPA seems to be very clear you have one year from the time the visa BECAME current so you would have been one year late in applying.
Be assured I know this aging out thing is awful my family is a victim of it too. I see no pleasure watching others suffer.
and it was filed on may 20, 2003
i dnt think that my dad filed I-485.
Since the I140 was approved in October 2002 and the visa became current in August 2003, from my knowledge you had until August 2004 to file the I824. The CSPA seems to be very clear you have one year from the time the visa BECAME current so you would have been one year late in applying.
Be assured I know this aging out thing is awful my family is a victim of it too. I see no pleasure watching others suffer.
more...
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gcwait2007
09-14 08:09 PM
My company sponsored my EB-3 with PD of Feb 2007 and the I-140 was approved in Feb 2009. Based on the pending I-140, I filed my I-485 (AOS) application in July 2007. My I-485 case is still pending.
In the meantime, my company had been kind enough to agree to re-sponsor me for EB-2 PERM which was filed in Sept 2008 and the related I-140 was approved in July 2009.
Both my pending I-1485 and recently approved EB-2 I-140 share the same A number, while the earlier approved I-140 EB-3 has a different A number.
I wrote a letter to USCIS requesting them to link my recently approved EB-2 I-140 to the pending I-485, in the place of EB-3 I-140 and also port the earlier PD.
Since there is no response for more than 2 months, I called USCIS call center today. The call center person advised me that I cannot make such a porting request unless the Visa Bulletin is current for that PD of EB-2. I was shocked to hear such message. Please advise whether the call center person is correct in her interpretation. Thanks in advance.
In the meantime, my company had been kind enough to agree to re-sponsor me for EB-2 PERM which was filed in Sept 2008 and the related I-140 was approved in July 2009.
Both my pending I-1485 and recently approved EB-2 I-140 share the same A number, while the earlier approved I-140 EB-3 has a different A number.
I wrote a letter to USCIS requesting them to link my recently approved EB-2 I-140 to the pending I-485, in the place of EB-3 I-140 and also port the earlier PD.
Since there is no response for more than 2 months, I called USCIS call center today. The call center person advised me that I cannot make such a porting request unless the Visa Bulletin is current for that PD of EB-2. I was shocked to hear such message. Please advise whether the call center person is correct in her interpretation. Thanks in advance.
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Raj_2009
12-16 03:37 PM
Hi experts,
I need some expert advice for H1B transfer case and vacation plan.
Background:
I am working with the current employer A who has processed my Green card(I-485 pending; I-140 approved ; EAD and AP document applied & received). It was going fine and I even had planned to go to Vacation to India at the beginning of January and even I have blocked the tickets and got the HDFC payment Bar code for H1B stamping(2 years left in 6 yrs period). Before booking the H1B visa interview, now I have got the situation that my client has decided to stop the contract by December end. But the client has offered that there is an employment opportunity to join the client.
Though my I-485 is pending and received EAD and AP documents, I still want to do the H1B transfer with AC21 portability. Now comes the complicated situation. Since I already planned for vacation after 3 years time gap, I wanted to go ahead without affecting my visa stamping and reentry to US. I decided to start the H1B transfer in premium processing with new Employer even before leaving US and planned to get the Visa stamped with the current employer A in Chennai assuming that I am still with the current employer . In this regard I had an attorney opinion also.
Legal opinion
But my attorney says that
1. If you get your H1B stamped with your old H1B, then you should have intent to continue with employer A after reentering US and join(H1b transfer) the new employer B only in the future time, not immediately entering US.
2. If you want to stamp H1B for the new employer B, then you can get the Visa stamped with employer B and then once reenter in US, I can join the new employer B immediately.
Questions:
But, for me, to cope up with the current economic situation, I need to go to India and come back and join the new employer B with the already approved new H1B with the employer B. But I want to get my H1B Visa stamped with the current employer A and then join here in employer B as soon as I come back to US from vacation. This way, I do not need to worry about the paystubs with the new employer.
I have few below questions regarding the situation that I have. Kindly answer my questions..
1. Can I go to Chennai consulate and get my new employer H1B stamped even with out joining the new employer B and with out any paystubs(not yet joined). In this situation, can I get the get the H1B visa stamped with out joining and no paystubs.
2. What if I start working with the employer B as soon I reentered US(after 2-3 days of reentry). Is this illegal / against the INS rules? Will this create any issue with my future Visa renewal or any GC card processing?
3. Will there be any question by the US consulate in Chennai about the new H1B approved(not yet joined) before we left US? Do they have any system which shows them during interview that there is another H1B already processed and approved though we have not joined then at the time of stamping in Chennai US consulate. What kind of answers should be given to them at that time?
4. Will there be any question in the port of entry in US when we reenter with the old H1B stamping. Someone suggested that when transferring new H1B your I-94 will also be sent with that. So, in the future you will have two I-94s(one given at POE and the other one given with new H1B approval notice. Is this situation illegal?.
5. In the worst case scenario, what if old H1B stamping fails? I have my AP document also. Can I enter USA with my AP document in case if the US consulate in chennai fails to stamp for my Old H1B visa?
6. Important - Can I join the employer B before leaving for vacation and then within 15 days, can I get the new employer letter for employment and then go to Chennai consulate for the New H1B visa stamping? I know that we do not have paystubs in this case. But we can get the employment letter from the new employer B. Is this the right situation or risky situation.
Kindly provide your honest opinions so that I can take my decision for my future.
Thanks,
Raj
I need some expert advice for H1B transfer case and vacation plan.
Background:
I am working with the current employer A who has processed my Green card(I-485 pending; I-140 approved ; EAD and AP document applied & received). It was going fine and I even had planned to go to Vacation to India at the beginning of January and even I have blocked the tickets and got the HDFC payment Bar code for H1B stamping(2 years left in 6 yrs period). Before booking the H1B visa interview, now I have got the situation that my client has decided to stop the contract by December end. But the client has offered that there is an employment opportunity to join the client.
Though my I-485 is pending and received EAD and AP documents, I still want to do the H1B transfer with AC21 portability. Now comes the complicated situation. Since I already planned for vacation after 3 years time gap, I wanted to go ahead without affecting my visa stamping and reentry to US. I decided to start the H1B transfer in premium processing with new Employer even before leaving US and planned to get the Visa stamped with the current employer A in Chennai assuming that I am still with the current employer . In this regard I had an attorney opinion also.
Legal opinion
But my attorney says that
1. If you get your H1B stamped with your old H1B, then you should have intent to continue with employer A after reentering US and join(H1b transfer) the new employer B only in the future time, not immediately entering US.
2. If you want to stamp H1B for the new employer B, then you can get the Visa stamped with employer B and then once reenter in US, I can join the new employer B immediately.
Questions:
But, for me, to cope up with the current economic situation, I need to go to India and come back and join the new employer B with the already approved new H1B with the employer B. But I want to get my H1B Visa stamped with the current employer A and then join here in employer B as soon as I come back to US from vacation. This way, I do not need to worry about the paystubs with the new employer.
I have few below questions regarding the situation that I have. Kindly answer my questions..
1. Can I go to Chennai consulate and get my new employer H1B stamped even with out joining the new employer B and with out any paystubs(not yet joined). In this situation, can I get the get the H1B visa stamped with out joining and no paystubs.
2. What if I start working with the employer B as soon I reentered US(after 2-3 days of reentry). Is this illegal / against the INS rules? Will this create any issue with my future Visa renewal or any GC card processing?
3. Will there be any question by the US consulate in Chennai about the new H1B approved(not yet joined) before we left US? Do they have any system which shows them during interview that there is another H1B already processed and approved though we have not joined then at the time of stamping in Chennai US consulate. What kind of answers should be given to them at that time?
4. Will there be any question in the port of entry in US when we reenter with the old H1B stamping. Someone suggested that when transferring new H1B your I-94 will also be sent with that. So, in the future you will have two I-94s(one given at POE and the other one given with new H1B approval notice. Is this situation illegal?.
5. In the worst case scenario, what if old H1B stamping fails? I have my AP document also. Can I enter USA with my AP document in case if the US consulate in chennai fails to stamp for my Old H1B visa?
6. Important - Can I join the employer B before leaving for vacation and then within 15 days, can I get the new employer letter for employment and then go to Chennai consulate for the New H1B visa stamping? I know that we do not have paystubs in this case. But we can get the employment letter from the new employer B. Is this the right situation or risky situation.
Kindly provide your honest opinions so that I can take my decision for my future.
Thanks,
Raj
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iman.karta
04-15 06:59 PM
tx1hb,
Thanks for the kind response. I am still using the same lawyer as before when I was doing my H1B and OPT. In fact, I do have a proof at some point, they asked for my I-20s. But when they asked them, they said that they dont have it. I am so angry - I am not sure whether it is to the situation or to them. I will NOT recommend them to anybody.
But it's kind of odd because I always have all my I-20s and other documentations in my emergency briefcase. While the other documentations are still there, only my I-20s (I have 4 or 5 of them) are all gone. So it is not simply I dropped them somewhere. It's gotta be I take them out for some reasons and perhaps never return them back to the briefcase. And to be frank, I feel that the attorney might have the original copy.
Do you have any idea to provoke the attorney to look for the copies? I resent the email they sent me 2 years ago when they asked for my I-20s copies. And today the secretary still said that she does not have the copies. The attorney does not respond to me altogether.
Thanks for the kind response. I am still using the same lawyer as before when I was doing my H1B and OPT. In fact, I do have a proof at some point, they asked for my I-20s. But when they asked them, they said that they dont have it. I am so angry - I am not sure whether it is to the situation or to them. I will NOT recommend them to anybody.
But it's kind of odd because I always have all my I-20s and other documentations in my emergency briefcase. While the other documentations are still there, only my I-20s (I have 4 or 5 of them) are all gone. So it is not simply I dropped them somewhere. It's gotta be I take them out for some reasons and perhaps never return them back to the briefcase. And to be frank, I feel that the attorney might have the original copy.
Do you have any idea to provoke the attorney to look for the copies? I resent the email they sent me 2 years ago when they asked for my I-20s copies. And today the secretary still said that she does not have the copies. The attorney does not respond to me altogether.
permfiling
01-15 09:48 PM
There is a immigration reform bill in 2009 . Check this out
http://lawprofessors.typepad.com/immigration/2009/01/first-ten-senat.html
Is IV contacting the senate/ house?
http://lawprofessors.typepad.com/immigration/2009/01/first-ten-senat.html
Is IV contacting the senate/ house?
anuh1
03-16 04:15 PM
Mine was filed 2nd week of Feb and still waiting .....
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