micofrost
09-05 10:48 PM
Hi,
My Wife is currently on H1B, but for personal reason she wants to quit her job and take a break from work for some time. She plans to quit some time in october 2007. But she wants to start working again sometime next year around June 2008. So here are my questions:
1. When she quits her job in october 2007 is her status automatically changed to H4 or do we need to fill up an application to USCIS ?
2. When she applies for H1B next year i.e. June 2008 will that be considered against the H1B cap ? If not, then can she apply around june next year to get her H1B, as opposed to applying early in April when the H1B quota gets full. Also if we apply in June 2008 will her start date be Oct 1'2008 or can she start working as soon as she receives her WAC/LIN number ?
3. When we apply for H1B next year will they require some H4 stamped on my wifes passport ? We dont plan to go out of the country for a couple of years so we will not be doing any stamping (H4). Currently she has her H1B stamped.
Appreciate your help.
Thanks
1. You need to file Change Of Status, I-539.
2. She can go back to H1 any time. It won't be counted against the new quota. Her H4 period won't be counted against her H1 period.
3. It doesnt have to be stampled unless she goes out of the country. Otherwise, during applying H1 for second time, she need to show her H4 status(I797 with H4), which she will get once her I539 is approved.
My Wife is currently on H1B, but for personal reason she wants to quit her job and take a break from work for some time. She plans to quit some time in october 2007. But she wants to start working again sometime next year around June 2008. So here are my questions:
1. When she quits her job in october 2007 is her status automatically changed to H4 or do we need to fill up an application to USCIS ?
2. When she applies for H1B next year i.e. June 2008 will that be considered against the H1B cap ? If not, then can she apply around june next year to get her H1B, as opposed to applying early in April when the H1B quota gets full. Also if we apply in June 2008 will her start date be Oct 1'2008 or can she start working as soon as she receives her WAC/LIN number ?
3. When we apply for H1B next year will they require some H4 stamped on my wifes passport ? We dont plan to go out of the country for a couple of years so we will not be doing any stamping (H4). Currently she has her H1B stamped.
Appreciate your help.
Thanks
1. You need to file Change Of Status, I-539.
2. She can go back to H1 any time. It won't be counted against the new quota. Her H4 period won't be counted against her H1 period.
3. It doesnt have to be stampled unless she goes out of the country. Otherwise, during applying H1 for second time, she need to show her H4 status(I797 with H4), which she will get once her I539 is approved.
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lostinbeta
09-10 02:14 AM
Hmm, odd, I don't think my footer uses up too much processor power and it uses everything you said not to use. Haha, oh well, I am not complaining.
I still need to get my hands on a copy of Illustrator. I have used it before and it is great! Just gotta save up...............
I still need to get my hands on a copy of Illustrator. I have used it before and it is great! Just gotta save up...............
rcauvery
07-16 02:01 PM
You can update your signature by going to the user profile on the top left corner of the page and click on Edit Signature on the left navigation bar
http://immigrationvoice.org/forum/profile.php?do=editsignature
BTW - Can you please share the phone number you called to reach NSC?
Good Luck with your processing.
http://immigrationvoice.org/forum/profile.php?do=editsignature
BTW - Can you please share the phone number you called to reach NSC?
Good Luck with your processing.
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immiguy
07-18 04:28 PM
Thanks.. and i am taking the chance and guessing that eb2+ march 2005 is better than eb2 + july 2007..
more...
kishdam
10-18 05:08 PM
My employer is not giving me copy of Labour certificate. I know all numbers. Do I need a copy of AC21
I'm not an expert but thru these forums got the understanding that you dont need a copy of labor cert (if you have its even better). Most employers dont share that anyway - except maybe the desi consulting companies (we may not like them but sometimes for GC purposes I feel that they are ideal companies - atleast they understand what we are talking about).
Regarding I140 - I am not sure but saw conficting opinions - some thought its OK even without a copy of this one too but some suggested its better to get one. In any case having the case numbers would help I guess.
Is I485 receipt may be needed.
I'm not an expert but thru these forums got the understanding that you dont need a copy of labor cert (if you have its even better). Most employers dont share that anyway - except maybe the desi consulting companies (we may not like them but sometimes for GC purposes I feel that they are ideal companies - atleast they understand what we are talking about).
Regarding I140 - I am not sure but saw conficting opinions - some thought its OK even without a copy of this one too but some suggested its better to get one. In any case having the case numbers would help I guess.
Is I485 receipt may be needed.
champu
02-19 06:21 PM
Also, how USCIS knows I am working on EAD and not H1B (assuming I have valid EAD and H1B)
more...
hoolahoous
07-14 09:30 PM
When my AP came up for renewal my attorney asked to get new set of photos.
In addition my cousin's EAD application got RFE'ed to get new set of photos even though the photos were recent. The reason given was that they had used same photos to renew their visa few months back (less than 6 months).
Is USCIS coming up some new rule about photos being 'unused' ?? The guidelines say that photos should be recent (taken in last 6 months). However nowhere I do I see that the photos should be 'unused' previously ?
Anyone else had same experience ?
In addition my cousin's EAD application got RFE'ed to get new set of photos even though the photos were recent. The reason given was that they had used same photos to renew their visa few months back (less than 6 months).
Is USCIS coming up some new rule about photos being 'unused' ?? The guidelines say that photos should be recent (taken in last 6 months). However nowhere I do I see that the photos should be 'unused' previously ?
Anyone else had same experience ?
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reddymjm
02-10 04:05 PM
Guys --
I got 485 Card production order and welcome notice email yesterday . I am assuming that means I got PR . my company has filed for H1 -B extension last week itself . what will happen to that extension , do we need to revoke/withdraw that petition ?
has anyone being in this situation ?
Thanks,
gandalf
Erase the letters H1B from your memory.
I got 485 Card production order and welcome notice email yesterday . I am assuming that means I got PR . my company has filed for H1 -B extension last week itself . what will happen to that extension , do we need to revoke/withdraw that petition ?
has anyone being in this situation ?
Thanks,
gandalf
Erase the letters H1B from your memory.
more...
fatjoe
08-25 11:03 PM
fatjoe,
There was an article that came out and here is the link to it: TSC-NSC update (http://imminfo.com/News/2009-AILA/TSC-NSC_update.html)
As the way I understood it, even your PD is not current, they are starting to pre-adjudicate some cases so that the Visa Center would know more or less how many visas are needed and how big the backlog is. This effort tries to eliminate unused visas and utilize most of it. So the way I see it is, USCIS pre-adjudicates cases, then those who are "pre-approve" will be sorted on a different place maybe database which will be submitted to the Visa Center. Now, once your PD comes (Visa Center is the one responsible for monthly Visa Bulletin), Visa Center will tell USCIS that this case is ok, USCIS then sends you your GC.
I was going through this forum and I have read some instances where the officer on the phone will or will not tell you if your case is pre-approve. So what they do is call back again and hoping that officer will divulge such information to you.
Thanks SL : Like I said before, the cust. rep. said that she did not have access to know check if the case is pre-adjudicated or not. So, I was wondering, how will the info would be accessible to any other cust. rep. May I be I will give it a shot one more time.
There was an article that came out and here is the link to it: TSC-NSC update (http://imminfo.com/News/2009-AILA/TSC-NSC_update.html)
As the way I understood it, even your PD is not current, they are starting to pre-adjudicate some cases so that the Visa Center would know more or less how many visas are needed and how big the backlog is. This effort tries to eliminate unused visas and utilize most of it. So the way I see it is, USCIS pre-adjudicates cases, then those who are "pre-approve" will be sorted on a different place maybe database which will be submitted to the Visa Center. Now, once your PD comes (Visa Center is the one responsible for monthly Visa Bulletin), Visa Center will tell USCIS that this case is ok, USCIS then sends you your GC.
I was going through this forum and I have read some instances where the officer on the phone will or will not tell you if your case is pre-approve. So what they do is call back again and hoping that officer will divulge such information to you.
Thanks SL : Like I said before, the cust. rep. said that she did not have access to know check if the case is pre-adjudicated or not. So, I was wondering, how will the info would be accessible to any other cust. rep. May I be I will give it a shot one more time.
hair Sending happy birthday wishes
gc_lover
07-23 08:04 PM
This is FAQ from USCIS website:
Q1: Will USCIS reject a concurrently filed EB I-140/I-485 case if it is lacking a required Labor Certification?
A1. USCIS will not accept an I-140 based on a required labor certification application if the approved labor certification application is not submitted in connection with the filing. USCIS will not accept a concurrently filed Form I-485 if the required Form I-140 is rejected for lack of an approved labor certification application.
-----------------------------------------------
Anyone knows what that means? I have filed 140/485 concurrently on July 2nd 2007. However, I never received original LC document and my lawyer said it is okay to file 140 without original LC document, USCIS will collect it from DOL. Do you think this will affect me?
Thanks
Q1: Will USCIS reject a concurrently filed EB I-140/I-485 case if it is lacking a required Labor Certification?
A1. USCIS will not accept an I-140 based on a required labor certification application if the approved labor certification application is not submitted in connection with the filing. USCIS will not accept a concurrently filed Form I-485 if the required Form I-140 is rejected for lack of an approved labor certification application.
-----------------------------------------------
Anyone knows what that means? I have filed 140/485 concurrently on July 2nd 2007. However, I never received original LC document and my lawyer said it is okay to file 140 without original LC document, USCIS will collect it from DOL. Do you think this will affect me?
Thanks
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ragz4u
04-14 06:25 PM
Call is on April 15th (Sat) at 2.00 pm EDT.
Please check your emails. If you have not received an email, please email shrey@immigrationvoice.org with your phone number/your id on IV and I will call back.
Please check your emails. If you have not received an email, please email shrey@immigrationvoice.org with your phone number/your id on IV and I will call back.
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kewlchap
08-21 03:13 PM
The words in red are standard for an EVL (employment verification letter) request. That is nothing to be scared of.
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amitga
11-03 11:18 AM
I hear they will try again to attach the provisions to other bills. Hopefully we will jump in too. Kudos to iv's efforts. If I can sit pretty for the moment with a 485 filed it's thanks to IV. Please keep going.
Where did you hear this ?
Where did you hear this ?
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paragpujara
10-26 11:30 AM
I am 2nd July filer and have received EAD on 09/06. But so far no updates on AP or FP. I guess there are lot many ppl in the same boat.
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sekasi
08-18 08:55 PM
In that case, kinda have to make the ya rly counterpart ;)
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arnet
11-01 07:23 PM
these site/threads will give more insights regd this issue:
check the following threads:
http://immigrationvoice.org/forum/showthread.php?t=1707
check the following uscis site -- under link immigration forms link on top and click I-140/I-485 application links:
http://www.uscis.gov/
check the general I-140/I-485 issues threads and FAQ threads in immigrationportal:
http://www.immigrationportal.com/forumdisplay.php?f=14
http://www.immigrationportal.com/sho...d.php?t=225746 (http://www.immigrationportal.com/showthread.php?t=225746)
good luck!!!
Disclaimer: I'm not an immigration attroney, consult one for your situations, as laws/procedures keep changing.
Can someone here on this forum list down all the documents that are required to file 140 and 485. Or if this has been discussed in a thread can you please point me to the right forum?
check the following threads:
http://immigrationvoice.org/forum/showthread.php?t=1707
check the following uscis site -- under link immigration forms link on top and click I-140/I-485 application links:
http://www.uscis.gov/
check the general I-140/I-485 issues threads and FAQ threads in immigrationportal:
http://www.immigrationportal.com/forumdisplay.php?f=14
http://www.immigrationportal.com/sho...d.php?t=225746 (http://www.immigrationportal.com/showthread.php?t=225746)
good luck!!!
Disclaimer: I'm not an immigration attroney, consult one for your situations, as laws/procedures keep changing.
Can someone here on this forum list down all the documents that are required to file 140 and 485. Or if this has been discussed in a thread can you please point me to the right forum?
more...
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sbabunle
01-25 10:37 AM
If the govt can lobby for nuke bill, why they cannot do it for techs?
Govt well know that a big chunk of money is gonna come from NRIs and even bigger will come from future NRIs. To sustains India's growth they need it big time.
In my opinion it would be a good idea to seek Govt of India's help..
thx
babu
Govt well know that a big chunk of money is gonna come from NRIs and even bigger will come from future NRIs. To sustains India's growth they need it big time.
In my opinion it would be a good idea to seek Govt of India's help..
thx
babu
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sac-r-ten
11-19 08:29 AM
USPS won't do it for ever. But GC will surely take for ever.
They will do it for 1st 6 months. by that time you can change address on USCIS.
They will do it for 1st 6 months. by that time you can change address on USCIS.
hairstyles Re: Happy birthday shakambari
byeusa
07-11 01:09 AM
I emailed some of our core members. I hope they can take out some time to deal with these rouge elements tomorrow. In Hindi they say- Asteen Ka Saanp ( snake in your sleeve) for this kind of behavour from USINPAC
aristotle
07-12 10:14 PM
PM anyone?
EB3June03
06-15 05:18 PM
Wow.... Sounds like those who had TB Skin test come out positive are on the hook for the Medical RFE's
I had my TB (Skin) test positive, but I also think the X Ray reports were included, but I might be wrong...
Good idea though.. and it does make sense to get a new medical done that way the USCIS does not have another thought looking at the old medical forms.
I had my TB (Skin) test positive, but I also think the X Ray reports were included, but I might be wrong...
Good idea though.. and it does make sense to get a new medical done that way the USCIS does not have another thought looking at the old medical forms.
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