arya_322
07-24 03:23 PM
I entered US last december 2007 with a visitors visa,allowed me to stay for 6 mos.,last march 2008 I married my fiance who has a H1b visa and is working right now here in the US and last May 2008 I Applied for a change of status from visitors to H4 dependent..Until now the case is pending but right now we had a family crisis back home and I have to go back home asap...what will happen with my application if I go home...Will I still be able to come back here and will I be out of status if I leave my pending application here???
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sixburgh
08-13 10:06 AM
I was advised by my lawyer that entering on h1 does not affect a pending 485 AOS application.
So I entered on H1.
No issues encountered.
So I entered on H1.
No issues encountered.
coolgc
05-14 01:05 PM
As per INA Sec 101(b), the definition of child is dependent who is unmarried and under 21 years old. The Child Status Protection Act (2002) provides some additional relief. This article could be useful for you -
http://www.ilw.com/articles/2006,0119-eiss.shtm
Thank you very much for the information and also for the very useful link.
http://www.ilw.com/articles/2006,0119-eiss.shtm
Thank you very much for the information and also for the very useful link.
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kirupa
04-29 03:03 PM
Added them all up ;)
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anuh1
05-25 01:19 PM
Accoding to my knowledge You need to wait untill it is approved.
dg_247
05-19 04:39 PM
Hi,
My friend got his H1 last year for 2007-2008 and came to US in DEC 2007, he works for IT company. However, since he has arrived he has not been placed on a project and so no pay stub has been generated. He has been on bench for 6 months.(technically without a job but has H1)
Is he out of status?
Can he show that he is on vacation till he gets a project?
Is there any other way?
Pls help.
Thanks!
My friend got his H1 last year for 2007-2008 and came to US in DEC 2007, he works for IT company. However, since he has arrived he has not been placed on a project and so no pay stub has been generated. He has been on bench for 6 months.(technically without a job but has H1)
Is he out of status?
Can he show that he is on vacation till he gets a project?
Is there any other way?
Pls help.
Thanks!
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djmaddy
07-18 12:23 PM
Thanks a lot Kirupa!
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sanam9696
03-09 05:42 PM
Need your help..
Post MBA (since Jun'06), I am working with a new employer. My previous employer (bachelor degree), filed for my labor in Nov'04 and I left this company in Jun'06; howevr employer didn't withdrew my labor application. My labor with previous employer was approved in Feb'07. I have good relation with my previous employer and they are ready to file my I-140; I have few questions regarding this:
Can my previous employer file I-140, even if I am not working with them?
If I-140 is approved, would I able to transfer the PD to my new employer, when he initiates my labor application.
Once I transfer my PD, can my previous employer use this approved LC for other candidate?
Based on my new qualifications (MBA), my job description has changed totally compared to my previous job.
Thanks in advance..
Post MBA (since Jun'06), I am working with a new employer. My previous employer (bachelor degree), filed for my labor in Nov'04 and I left this company in Jun'06; howevr employer didn't withdrew my labor application. My labor with previous employer was approved in Feb'07. I have good relation with my previous employer and they are ready to file my I-140; I have few questions regarding this:
Can my previous employer file I-140, even if I am not working with them?
If I-140 is approved, would I able to transfer the PD to my new employer, when he initiates my labor application.
Once I transfer my PD, can my previous employer use this approved LC for other candidate?
Based on my new qualifications (MBA), my job description has changed totally compared to my previous job.
Thanks in advance..
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tslee
04-22 12:14 PM
Dear all:
May I ask what I should do in the following situation?
I hold F1 visa and my new job starts on Sept 1. The int'l student office of my current university mistakenly set my OPT start date on May 6. My OPT has been approved and EAD card arrived.
That is, I will have 120-plus "unemployment" days accumulated by early August, which will then violate the "90-day unemployment rule" of OPT.
I am under tremendous pressure and really want to hear your opinions.
Many thanks in advance!
May I ask what I should do in the following situation?
I hold F1 visa and my new job starts on Sept 1. The int'l student office of my current university mistakenly set my OPT start date on May 6. My OPT has been approved and EAD card arrived.
That is, I will have 120-plus "unemployment" days accumulated by early August, which will then violate the "90-day unemployment rule" of OPT.
I am under tremendous pressure and really want to hear your opinions.
Many thanks in advance!
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logiclife
01-25 09:48 PM
On behalf of core group, I apologize to you and your wife for the abusive language that someone used.
We tried to moderate the forum posts. At any time, there are nearly 200-300 people reading the forums and nearly 20-25 posting. Its a tough thing to moderate every thread since we do this along with day-to-day fulltime jobs.
I have to close this thread otherwise this thread will spiral into a thread war that none of us want. And we cannot have such threads continue as its embarrassing for us all.
If you'd like, you can email me jay@immigrationvoice.org if you want to talk about this issue so that I can explain more.
Thanks for understanding.
We tried to moderate the forum posts. At any time, there are nearly 200-300 people reading the forums and nearly 20-25 posting. Its a tough thing to moderate every thread since we do this along with day-to-day fulltime jobs.
I have to close this thread otherwise this thread will spiral into a thread war that none of us want. And we cannot have such threads continue as its embarrassing for us all.
If you'd like, you can email me jay@immigrationvoice.org if you want to talk about this issue so that I can explain more.
Thanks for understanding.
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wandmaker
11-30 06:45 PM
amindarshana: (1) keep checking whether you check cashed or not (2) if 45 days passed from your SR open date - you will have to reconstruct your entire 485 packet and include delivery proof, and a copy of the check that you had sent. - check with your attorney.
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ruchigup
08-18 11:02 PM
This information is helpful. Thanks
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fcres
06-29 10:58 AM
First renew your passport as soon as possible.
After that go to your local CBP office and request for I-94 update by showing your approved H1B petetion. If you are lucky, the CBP official might correct your I-94.
If not, apply for your H1B extension bfr your I-94 expires( a month bfr will do) as you can file for H1B extension six months bfr the current one expires ...
Good Luck ...
I don't think you need to change that I-94. But you need it to prove your last POE and date. My I94 stapled on the PP expired long time back. I just kept extending my H1 to have the valid stay.
Ofcourse you can renew you PP and keep the old I94 with your new PP. Try to do emergency PP renewal though.
After that go to your local CBP office and request for I-94 update by showing your approved H1B petetion. If you are lucky, the CBP official might correct your I-94.
If not, apply for your H1B extension bfr your I-94 expires( a month bfr will do) as you can file for H1B extension six months bfr the current one expires ...
Good Luck ...
I don't think you need to change that I-94. But you need it to prove your last POE and date. My I94 stapled on the PP expired long time back. I just kept extending my H1 to have the valid stay.
Ofcourse you can renew you PP and keep the old I94 with your new PP. Try to do emergency PP renewal though.
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reddymjm
05-21 10:01 AM
EB3 getting a spillover is highly unlikely, atleast this year.
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looivy
06-22 12:07 PM
My spouse submitted her EAD e-filing application 2 months back. How long does it take to receive the finger printing appointment notice. Kindly advise.
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beautifulMind
11-20 11:27 AM
I have i485 pending and working on EAD. H1b expired. I am on Eb3.
I have a opportunity to become a Manager in the same company....The job duties would ofcourse be different from Programmer/analyst position...
So can I take the promotion and use the EAD...Will I be using AC21
I have a opportunity to become a Manager in the same company....The job duties would ofcourse be different from Programmer/analyst position...
So can I take the promotion and use the EAD...Will I be using AC21
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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.
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shruthi07
06-04 10:47 AM
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alterego
12-04 07:23 PM
Indeed. 140s are getting a lot of RFEs nowadays and are once again taking nearly a year. It is a brave soul that will avail themselves of the AC21 180 portability provision without an approved 140 petition.
The main points are the following, if you get an RFE and it has anything to do with your employer eg. ability to pay etc, can you count on them to send in that paperwork. If your employer withdraws the 140 application then you are left without a plank to stand on for your 485 as well.
Basically you are on very thin ice if you invoke AC21 absent an approved 140. If you are contemplating such a move, you should atleast consider doing it on a H1b visa as back up.
These are my views, please consult an attorney.
The main points are the following, if you get an RFE and it has anything to do with your employer eg. ability to pay etc, can you count on them to send in that paperwork. If your employer withdraws the 140 application then you are left without a plank to stand on for your 485 as well.
Basically you are on very thin ice if you invoke AC21 absent an approved 140. If you are contemplating such a move, you should atleast consider doing it on a H1b visa as back up.
These are my views, please consult an attorney.
jsb
07-29 08:53 AM
Hi folks,
I have a appointment at calgary, canada for my H1 extension visa stamping. Any one has experience in Calgary.
My spouse entered the US on H4, she has a MBBS degree from india and she got H1 sponsored by a reputed university to do research.
I read on the posts that first time H4 to H1 stamping might pose a issue in canada if a person does not have degrees from US or Canada.
Please let me know.
Thanks
Contributed 500 to IV
If H1 for your spouse is already approved, there should not be any problem provided you carry all necessary documentation. If it is under processing (not yet approved), and you have your H1 approved, your spouse should not have problem for H4.
I have a appointment at calgary, canada for my H1 extension visa stamping. Any one has experience in Calgary.
My spouse entered the US on H4, she has a MBBS degree from india and she got H1 sponsored by a reputed university to do research.
I read on the posts that first time H4 to H1 stamping might pose a issue in canada if a person does not have degrees from US or Canada.
Please let me know.
Thanks
Contributed 500 to IV
If H1 for your spouse is already approved, there should not be any problem provided you carry all necessary documentation. If it is under processing (not yet approved), and you have your H1 approved, your spouse should not have problem for H4.
gmail
07-24 04:19 PM
Hi,
If 4 months after 485 filed, I leave my job. Can I use EAD to work for another company? My wife also has 485 filed, so I can use her to renew my EAD if I need to.
If 4 months after 485 filed, I leave my job. Can I use EAD to work for another company? My wife also has 485 filed, so I can use her to renew my EAD if I need to.
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