loku
08-16 08:03 PM
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.
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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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paragpujara
10-26 09:01 AM
First of all you need atleast one pay check from yr current employer for h1b transfer and since yr change of status is not approved yet I guess you can't work for yr employer and you won't be getting paid. I guess the best thing for you is apply for change of status for current employer, get it approved, work for the same employer for atleast a month and then apply for h1b transfer. Hope this helps.
itkris
12-08 03:18 PM
I would like to change my name from 'first middle last' to 'middle last' officially. I know that there is a lengthy process to do that on my passport. Is there any advice on how i can reflect that on my I-797? I currently hold a valid H1-B approval. The visa on my passport is for a previous H1 job that i've left now. I would like to change my name officially before making any more wrong stamps on my passport. Is this feasible? If so, can anyone throw some more lgiht on this?
thanks in advance.
thanks in advance.
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Green Card Aspirant
05-01 12:05 AM
Congrats and enjoy your freedom of mobility
more...
jayleno
07-14 04:51 PM
I'm not a Guru in Immigration Matters...still from my experience USCIS is pretty random in some cases with online statuses.
I think I just told you what you know already, but reminding you that you are not alone.
Any updates gurus?
I think I just told you what you know already, but reminding you that you are not alone.
Any updates gurus?
kcindian
09-18 07:18 PM
Gurus,
Have you heard of eVerify? Anybody can explain what it is?
My H1 expired 6 months ago and my current EAD expires October 20th. I filed for renewal application on July01 and am a little concerned that I will not get my new one within the 90 day window.
I called USCIS and a Customer Service rep mentioned that I do not need an EAD to legally work as long as I am on AOS.
She also mentioned that as long as I have a valid Driver's License and a valid Social Security Number, I am fine and that I do not need a EAD.
Is this true? Has anyone else heard about / used this policy?
Your response is much appreciated.
Thank You.
Have you heard of eVerify? Anybody can explain what it is?
My H1 expired 6 months ago and my current EAD expires October 20th. I filed for renewal application on July01 and am a little concerned that I will not get my new one within the 90 day window.
I called USCIS and a Customer Service rep mentioned that I do not need an EAD to legally work as long as I am on AOS.
She also mentioned that as long as I have a valid Driver's License and a valid Social Security Number, I am fine and that I do not need a EAD.
Is this true? Has anyone else heard about / used this policy?
Your response is much appreciated.
Thank You.
more...
dealsnet
05-28 09:38 AM
1. Send all AOS forms and proof of pregnancy from the doctor. They will issue RFE or you can send medical after the delivery. Don't take risk while on pregnancy. RFE reply will get 30-45 days time.
2. If your current visa is not expired, you can delay in filing I-485. Just file I-130 now.
2. If your current visa is not expired, you can delay in filing I-485. Just file I-130 now.
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Navkcl
06-21 02:29 PM
Please advise,
I had a citation 3 yrs back and I paid fine in the court for tresspasing...
Is this going to be effect on my GC process..I am preparing to apply I-485
Thanks in Advance
I had a citation 3 yrs back and I paid fine in the court for tresspasing...
Is this going to be effect on my GC process..I am preparing to apply I-485
Thanks in Advance
more...
Abacus101
05-12 01:30 PM
Thanks for the input. Do you have any publications or IRS findings that you could direct me to that could be used to substantiate the argument that the benefit is non- taxable? I have not been able to find anything that says that the green card is non-taxable.
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fide_champ
11-18 11:53 AM
Yes one must be a Greencard holder to attain unemployment benifits.
Not permitted with EAD.
This is not true. People in AOS can apply for unemployment benefits. Unemployment benefits are paid by employers and all you need is an A number to get it.
Not permitted with EAD.
This is not true. People in AOS can apply for unemployment benefits. Unemployment benefits are paid by employers and all you need is an A number to get it.
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tabletpc
03-31 09:35 AM
Again I did not get any response for my query. Looks like members here are more into GC stuff than other issues. Anyway as always, I contacted chennai consualte to learn more about my concern, here comes their reply. I hope this will be helpfull to someone wout their .
Knowledge is waste, if not shared...!!!!
Dear Sir/Madam,
Thank you for your email.
Once you take a confirmed appointment, modifications in terms of adding a new applicant cannot be made. However, you may cancel your existing appointment and then apply together as a family. (The Consulate encourages applicants to schedule appointment together).
Please note that canceling your appointment for a second time would lead to deactivation of your receipt for the next 90 days.
Kindly note that the modifications on Q.No 1 to 14 in DS-156 cannot be made, either you need to cancel the appointment and schedule a new appointment or you could go ahead with your appointment and inform the consular officer of the same wherein the final decision would be that of the consular officer.
You can cancel your appointment only two times. After the second cancellation your HDFC Visa Fee Receipt is deactivated for 90 calendar days. You will not be able to book another appointment until the 90 days have passed.
Thanking you
Regards
VFS Team3
www.vfs-usa.co.in
Knowledge is waste, if not shared...!!!!
Dear Sir/Madam,
Thank you for your email.
Once you take a confirmed appointment, modifications in terms of adding a new applicant cannot be made. However, you may cancel your existing appointment and then apply together as a family. (The Consulate encourages applicants to schedule appointment together).
Please note that canceling your appointment for a second time would lead to deactivation of your receipt for the next 90 days.
Kindly note that the modifications on Q.No 1 to 14 in DS-156 cannot be made, either you need to cancel the appointment and schedule a new appointment or you could go ahead with your appointment and inform the consular officer of the same wherein the final decision would be that of the consular officer.
You can cancel your appointment only two times. After the second cancellation your HDFC Visa Fee Receipt is deactivated for 90 calendar days. You will not be able to book another appointment until the 90 days have passed.
Thanking you
Regards
VFS Team3
www.vfs-usa.co.in
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LOL123
07-29 03:35 PM
When can we send this fax to expedite the service? Is there any days restriction? like only 60 days after you have applied for EAD? Is there any fee involved?
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Roger Binny
10-02 10:17 PM
bump
Can anyone please comment ?
Yes, yours is back into under normal process.
By the ways, using which URL did you track the progress ?
Can anyone please comment ?
Yes, yours is back into under normal process.
By the ways, using which URL did you track the progress ?
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Circus123
10-27 09:07 AM
For 485 you do indeed need to be in the US (for yoiu adjust status, you need to be in some status in the US). However for I-140 you need not be in the US. Can you point to any law or any link on any forum that says you need to be present for filing the I-140?
The complete GC process can be done without ever entering the US (do LC, file I-140, then do Consular processing for the final stage)
Thanks for the insightful info...
The complete GC process can be done without ever entering the US (do LC, file I-140, then do Consular processing for the final stage)
Thanks for the insightful info...
more...
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gc03
12-20 03:57 PM
nice article by IV!
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chris
11-15 12:07 AM
My PD is current for 12 months (from Oct 2007) .
Today i got reply for my June 2008 service request, saying my back ground check is not cleared :mad:
I know from Infopass that my NC is cleared long back.:)
If your PD is not current cant do any thing but PD is current, contact your local congressman.
Hi All,
I opened a service request with USCIS when my I485 was current in 09/08 and i got response saying that still investigation into my background remains open, so the case is not yet ready for decision. I filed my I 485 in August 2005 and in july 2007(then my file was current) also i was told that the background check is still going on.
Now we know that if it has been more than 180 days after we file I485, no need to wait for background check to process the petetion. My intention is to get my file out of this loop by the time PD becomes current. If any one had this issue and got it resolved, please advise me how i can handle it.
Thanks.
Today i got reply for my June 2008 service request, saying my back ground check is not cleared :mad:
I know from Infopass that my NC is cleared long back.:)
If your PD is not current cant do any thing but PD is current, contact your local congressman.
Hi All,
I opened a service request with USCIS when my I485 was current in 09/08 and i got response saying that still investigation into my background remains open, so the case is not yet ready for decision. I filed my I 485 in August 2005 and in july 2007(then my file was current) also i was told that the background check is still going on.
Now we know that if it has been more than 180 days after we file I485, no need to wait for background check to process the petetion. My intention is to get my file out of this loop by the time PD becomes current. If any one had this issue and got it resolved, please advise me how i can handle it.
Thanks.
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MatsP
July 4th, 2006, 01:19 PM
Welcome to Dphoto, 12bar.
Dumb rookie questions are more fun than Pro' questions in my opinion. Mostly because I'm able to answer them...
Although I enjoy motorcycles, I'm not really a BMW fan (just don't really fancy them, nothing in particular, just not my type of bike... More of a japanese race-bike type of guy).
Guitarrs tend to not work at all for me... :-(
But I'm happy to answer any questions you may have - assuming I know the answer, or am able to figure out something that sounds realistic ;-)
--
Mats
Dumb rookie questions are more fun than Pro' questions in my opinion. Mostly because I'm able to answer them...
Although I enjoy motorcycles, I'm not really a BMW fan (just don't really fancy them, nothing in particular, just not my type of bike... More of a japanese race-bike type of guy).
Guitarrs tend to not work at all for me... :-(
But I'm happy to answer any questions you may have - assuming I know the answer, or am able to figure out something that sounds realistic ;-)
--
Mats
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meridiani.planum
04-18 02:40 PM
inline...
hello experts..
My husband and I are working on H1B visa.My husband has filed for Green card..
Now my question is at what stage in my husdband's Green card process, will I be eligible for the visa extension
if 6 years on H1B are over??
None. to extend your H1 you need your own employment-based-GC process. But if you have alreayd filed I-485, you dont need an H1, you can continue working on an EAD based on his green card process.
If I also file for the green card, I get labor cleared and just in case I lose the job.Then what options I have
for visa extension?
If your company is willing to continue your GC (unlikely if you lose your job there) then you can get extension while that LC is valid (labor remains valid for 180 days, during which an I-140 must be filed). If you get past I-140 approval with this company, then you can use taht I-140 for extensions as long as this company does not revoke the I-140.
If I join another company do I have to have again labor cleared to get additional visa extension
at the completion of 6 year?what happens to priority date,can I use earlier GC filing priority date?
Yes, you would need to restart the labor unless the previous company gets to I-140 approved stage and is willing to not revoke it. If you get I-140 with current employer, that priority-date is yours for future GC applications also. If you dont get to I-140 approval, then the date does not carry over to the new GC application
Many thanks..
hello experts..
My husband and I are working on H1B visa.My husband has filed for Green card..
Now my question is at what stage in my husdband's Green card process, will I be eligible for the visa extension
if 6 years on H1B are over??
None. to extend your H1 you need your own employment-based-GC process. But if you have alreayd filed I-485, you dont need an H1, you can continue working on an EAD based on his green card process.
If I also file for the green card, I get labor cleared and just in case I lose the job.Then what options I have
for visa extension?
If your company is willing to continue your GC (unlikely if you lose your job there) then you can get extension while that LC is valid (labor remains valid for 180 days, during which an I-140 must be filed). If you get past I-140 approval with this company, then you can use taht I-140 for extensions as long as this company does not revoke the I-140.
If I join another company do I have to have again labor cleared to get additional visa extension
at the completion of 6 year?what happens to priority date,can I use earlier GC filing priority date?
Yes, you would need to restart the labor unless the previous company gets to I-140 approved stage and is willing to not revoke it. If you get I-140 with current employer, that priority-date is yours for future GC applications also. If you dont get to I-140 approval, then the date does not carry over to the new GC application
Many thanks..
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sledge_hammer
07-01 09:10 AM
Hello all,
I need clarifications on how to answer certain questions in the I-134 form. Can someone here please help?
__________________________________________________ _______________
2. I am __ years of age and have resided in the United States since (date) ______
Do I enter the date I first landed in the US, or the most recent landing?
__________________________________________________ _______________
3. Name of spouse and children accompanying or following to join person:
I am sponsoring my mother and father. Do I name them here? Or should I have separate I-134 forms for each parent and leave "Name of spouse" above blank?
__________________________________________________ _______________
7. I am employed as or engaged in the business of _______ with _______
Should I enter my company's business type in the first blank and name of the company in the second blank?____________________________________________ ______ _______________
8. The following persons are dependent on me for support:
My wife and I file our tax as married/joint, and we do not claim each other as dependents. Should I leave the above item blank? Do I leave this blank?
__________________________________________________ _______________
9. I have previously submitted affidavit(s) of support for the following person(s). If none, state none.
I had sponsored my wife's H4 when she came to the US 2 years ago. I'm not sure if I did I-134. Do generally people file this during H4 sponsorship?
__________________________________________________ _______________
10. I have submitted a visa petition(s) to U.S. Citizenship and Immigration Services (USCIS) on behalf of the......Date Submitted?
I had of course sponsored my wife's H4. For date submitted, what date should I use?
__________________________________________________ _______________
11. I xIntend xdo not intend to make specific contributions to the support of the person(s) named in item 3
What should I enter here?
__________________________________________________ _______________
Thanks in advance!
I need clarifications on how to answer certain questions in the I-134 form. Can someone here please help?
__________________________________________________ _______________
2. I am __ years of age and have resided in the United States since (date) ______
Do I enter the date I first landed in the US, or the most recent landing?
__________________________________________________ _______________
3. Name of spouse and children accompanying or following to join person:
I am sponsoring my mother and father. Do I name them here? Or should I have separate I-134 forms for each parent and leave "Name of spouse" above blank?
__________________________________________________ _______________
7. I am employed as or engaged in the business of _______ with _______
Should I enter my company's business type in the first blank and name of the company in the second blank?____________________________________________ ______ _______________
8. The following persons are dependent on me for support:
My wife and I file our tax as married/joint, and we do not claim each other as dependents. Should I leave the above item blank? Do I leave this blank?
__________________________________________________ _______________
9. I have previously submitted affidavit(s) of support for the following person(s). If none, state none.
I had sponsored my wife's H4 when she came to the US 2 years ago. I'm not sure if I did I-134. Do generally people file this during H4 sponsorship?
__________________________________________________ _______________
10. I have submitted a visa petition(s) to U.S. Citizenship and Immigration Services (USCIS) on behalf of the......Date Submitted?
I had of course sponsored my wife's H4. For date submitted, what date should I use?
__________________________________________________ _______________
11. I xIntend xdo not intend to make specific contributions to the support of the person(s) named in item 3
What should I enter here?
__________________________________________________ _______________
Thanks in advance!
ramus
07-05 01:01 PM
Please guys.. Before creating new thread, please send 15 mins to find out if there is any thread you can use.. This is creating big confusion and members don't know which one they supposed to follow.
I am just asking to spend 15 mins and see if you find whatever you looking for.
No hard feeling please..
Thanks.
I am just asking to spend 15 mins and see if you find whatever you looking for.
No hard feeling please..
Thanks.
gsc999
06-20 12:10 PM
I am also in the same boat as you and my attorney has sent my Labor ETA 750 to DOL for changing the box 15. It is good to change it now at Labor stage as there is quite lot rejection at I140 stage if your degree is 3 years..so it is better to have it ammended at Labor stage.
I would say all those who are waiting on Labor with 3 Years degree should make sure that your Labor states that it a "combination" else you will be trouble.
- GCDreamzz
My two cents.
--------
My labor was certified with three year's bachelor's degree. Can you please elaborate what is this box # 15, I do have a copy of my labor application. I want to point this out to my attorney. Thanks.
I would say all those who are waiting on Labor with 3 Years degree should make sure that your Labor states that it a "combination" else you will be trouble.
- GCDreamzz
My two cents.
--------
My labor was certified with three year's bachelor's degree. Can you please elaborate what is this box # 15, I do have a copy of my labor application. I want to point this out to my attorney. Thanks.