HaveQuestions
02-03 11:36 AM
My H1B was refused under section 221(g) (petitioner is not able or willing to provide employment....) and case has reached USCIS for review. The lawyers however are asking me to travel on H4 and then convert to H1 in US and they say this can be done in 2 weeks. I am so very skeptical about this! How is this even possible?
Their response is that i have an H1B from earlier quota, so i can get a new petition filed and start working on it once its approved.How come people dont do this if its valid?
My questions if anybody can help me are
1) Can i go on H4 visa without revoking my H1B petition which is under review with USCIS? Or will consulate ask me to revoke my H1B petition?
2) If i go on H4, can i really get a COS to H1 in US i.e. not the April 2011 quota but in the already assigned quota and i can start working within a few days of approval?
Their response is that i have an H1B from earlier quota, so i can get a new petition filed and start working on it once its approved.How come people dont do this if its valid?
My questions if anybody can help me are
1) Can i go on H4 visa without revoking my H1B petition which is under review with USCIS? Or will consulate ask me to revoke my H1B petition?
2) If i go on H4, can i really get a COS to H1 in US i.e. not the April 2011 quota but in the already assigned quota and i can start working within a few days of approval?
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Blog Feeds
11-30 10:20 AM
H1B Visa Lawyer Blog Has Just Posted the Following:
The United States Citizenship and Immigration Service (USCIS) has updated the count (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=138b6138f898d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=13ad2f8b69583210VgnVCM100000082ca60a RCRD) of H-1B petitions received and counted towards the 65,000 cap.
As of November 20, 2009, 56,900 H-1B cap subject nonimmigrant visa petitions have been filed with the USCIS. The Service has advised that they will continue to accept petitions until the cap is reached.
Qualifying applicants are still able to petition for an H-1B nonimmigrant visa (http://www.mvplawgroup.com/workvisas.php?action=h1bvisa) under the general cap.
If you or your company need assistance in filing for an H-1B nonimmigrant visa, contact our office (http://www.mvplawgroup.com/contact.php) today at 1-800-447-0796.
More... (http://www.h1bvisalawyerblog.com/2009/11/h1b_fy2010_cap_update.html)
The United States Citizenship and Immigration Service (USCIS) has updated the count (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=138b6138f898d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=13ad2f8b69583210VgnVCM100000082ca60a RCRD) of H-1B petitions received and counted towards the 65,000 cap.
As of November 20, 2009, 56,900 H-1B cap subject nonimmigrant visa petitions have been filed with the USCIS. The Service has advised that they will continue to accept petitions until the cap is reached.
Qualifying applicants are still able to petition for an H-1B nonimmigrant visa (http://www.mvplawgroup.com/workvisas.php?action=h1bvisa) under the general cap.
If you or your company need assistance in filing for an H-1B nonimmigrant visa, contact our office (http://www.mvplawgroup.com/contact.php) today at 1-800-447-0796.
More... (http://www.h1bvisalawyerblog.com/2009/11/h1b_fy2010_cap_update.html)
jelo
12-10 04:07 PM
Myself and my wife got first EADs with expiration of Sept 17, 2008. We both applied for renewal on July 14th, 2008 with TSC and my wife got her EAD under a month. My wife is using it work, where as I am still on valid H1b. My application was pending still then, I have called USCIS and put an expedite request on Oct 17, 2008. On Dec 3rd, my case status online updated saying, case transfered to one of the local office. I got a paper notice after 2 days saying:
for faster processing we have transfered your case to the following location.
and nothing in the next line, blank.
Even though I assume this was to faster my process, just wanted to know whether any of you have faced this.
Appreciate your reply.
for faster processing we have transfered your case to the following location.
and nothing in the next line, blank.
Even though I assume this was to faster my process, just wanted to know whether any of you have faced this.
Appreciate your reply.
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tabletpc
01-25 06:22 PM
Guys ,
Here is my situation. greatly aprecite if you could give some suggestions.
I am presently on Non-cap H1b(which is not counted under cap). I am planning to file for H1b thru an employer in april under MS quota with a start date of octber 2008.
My concerns are...
1. How should the new employer file H1b so that I can join at my wish after oct 2008...??
2. My present H1b is valid untill 2010. SHould I be in US while filing and untill my new H1b is approved..??? I ahve plans of visisitng india in March/aprial. So wondering If i need to visit and be back before april or is it ok to travel while my new H1b is filed using the presnet i-94..?? that is trvelling sometime In april/May..???
greatly apprecite any inputs...
Here is my situation. greatly aprecite if you could give some suggestions.
I am presently on Non-cap H1b(which is not counted under cap). I am planning to file for H1b thru an employer in april under MS quota with a start date of octber 2008.
My concerns are...
1. How should the new employer file H1b so that I can join at my wish after oct 2008...??
2. My present H1b is valid untill 2010. SHould I be in US while filing and untill my new H1b is approved..??? I ahve plans of visisitng india in March/aprial. So wondering If i need to visit and be back before april or is it ok to travel while my new H1b is filed using the presnet i-94..?? that is trvelling sometime In april/May..???
greatly apprecite any inputs...
more...
Blog Feeds
07-17 01:50 PM
Answer: NO. Most individuals are not aware that a visa that is placed in a person’s passport does not determine the length of authorized stay in the United States. When a foreign national is admitted into the U.S., he or she is issued Form I-94 Arrival/Departure record. Form I-94 shows the nonimmigrant category and indicates how long the foreign national is allowed to stay in the United States.
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/t1p4-byftUM/)
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/t1p4-byftUM/)
raysaikat
11-29 08:59 PM
Online EAD status says Card production ordered. Not received card yet. Is there any memo/ lawyer opinion that says it is OK to work that as a basis for employment eligibility?
You need to have the card in hand to fill in I-9.
You need to have the card in hand to fill in I-9.
more...
sidd
09-28 07:52 PM
?...?
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09-07 01:18 PM
I love my playstation and anime but that doesn't mean I am gonna live in Japan. Last I checked, they still kinda look down on gaijins. And I also like my name the way it is... don't want to change it to Akira Fubuki or some sh*t. :D
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gc_kaavaali
09-20 03:19 PM
It should be okay. I sent to my attorney as well as my HR. I do not see any issues as long as it is just GC copy.
My attorney asked me to send a copy of my GC to make sure the info is correctly printed. Is it ok send it to them?
My attorney asked me to send a copy of my GC to make sure the info is correctly printed. Is it ok send it to them?
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vikra007
03-16 01:09 AM
Hi,
Thanks for looking at my questions. I have an approved eb2 case with priority date 11/2007. I am waiting for eb2 India to become current for applying for EAD for my wife. She applied for medical residency and the programs she got calls for are sponsoring J1 visas only. I have a phd from US university and applying for EB1 OR through a semi conductor company anyway.
I am in dilemma whether to apply for EAD for my wife or let her go on J1. J1 has implications later for medicine students but given the randomness of USCIS, I am never sure when eb2 date would be 11/2007 for eb2 485 or denial of eb1 or application.
Please advise me over this dilemma.
Thanks
Thanks for looking at my questions. I have an approved eb2 case with priority date 11/2007. I am waiting for eb2 India to become current for applying for EAD for my wife. She applied for medical residency and the programs she got calls for are sponsoring J1 visas only. I have a phd from US university and applying for EB1 OR through a semi conductor company anyway.
I am in dilemma whether to apply for EAD for my wife or let her go on J1. J1 has implications later for medicine students but given the randomness of USCIS, I am never sure when eb2 date would be 11/2007 for eb2 485 or denial of eb1 or application.
Please advise me over this dilemma.
Thanks
more...
nightowl76
10-31 12:58 AM
Hello,
My I-485 was filed this July. My wife and I got FP notices for Nov 20. But my wife is currently in India and I will be in India too on Nov 20. So we will have to reschedule at least for my wife.
My question is, has anyone who filed their I-485 after July 2 rescheduled their FP appt and got a new appt date? I'm in the San Jose area.
Thanks in advance.
My I-485 was filed this July. My wife and I got FP notices for Nov 20. But my wife is currently in India and I will be in India too on Nov 20. So we will have to reschedule at least for my wife.
My question is, has anyone who filed their I-485 after July 2 rescheduled their FP appt and got a new appt date? I'm in the San Jose area.
Thanks in advance.
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sri@180
02-21 09:42 AM
Can i cancel appoinment one day before.
I saw in www.vfs-usa.co.in website ,have to cancel before two working days of appointment day.
If i cancel appointmentafter few days will i have to fill again DS156,157 forms for appointment.
In website they said cant cancel appointment 2 times.After 2 times cancelation have to wait 90 days with that hdfc barcode.
Before 90 days period can we fix new appoinment by paying agian into HDFC bank.Is this possible new appointment with new barcode.
I saw in www.vfs-usa.co.in website ,have to cancel before two working days of appointment day.
If i cancel appointmentafter few days will i have to fill again DS156,157 forms for appointment.
In website they said cant cancel appointment 2 times.After 2 times cancelation have to wait 90 days with that hdfc barcode.
Before 90 days period can we fix new appoinment by paying agian into HDFC bank.Is this possible new appointment with new barcode.
more...
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venumadhavb4u
02-06 11:17 PM
Hi,
My wife was in US in Oct 2007 on H4 Visa and went back in Mar '08 while she was in US we applied her H1B in 2008 and was approved and she got her H1B stamped in India and came back to US in Oct 2008. since she did not find any job, her payroll is not running and the her employer wants her to switch back to H4 Visa, and once she finds a project she can change her status back to H1B.
My Question here is
1) For COS from H1B to H4, Does she need Pay stubs? and how easy it is for the COS?
2) Her Employer says that she can apply for H4 Stamping and inform the Visa Officer that during her stay in US she did not join the company for medical reasons. Does this create any issues with her H1B.
3) Can Some one suggest a good immigration Lawyer in San Diego?
Thanks
My wife was in US in Oct 2007 on H4 Visa and went back in Mar '08 while she was in US we applied her H1B in 2008 and was approved and she got her H1B stamped in India and came back to US in Oct 2008. since she did not find any job, her payroll is not running and the her employer wants her to switch back to H4 Visa, and once she finds a project she can change her status back to H1B.
My Question here is
1) For COS from H1B to H4, Does she need Pay stubs? and how easy it is for the COS?
2) Her Employer says that she can apply for H4 Stamping and inform the Visa Officer that during her stay in US she did not join the company for medical reasons. Does this create any issues with her H1B.
3) Can Some one suggest a good immigration Lawyer in San Diego?
Thanks
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zofa30
09-15 04:46 PM
Hi,
I am on EB2+PERM. I got LC approved and currently filed for I-140 and 485.
As I understand unless the I-485 is pending for more than 180 days after the approval of I-140, I have to restart the whole process again with the new employer (expect that I can port PD if I want to).
Now are there any chance that if the above scenario happens, and my employer did not revoke I-140 or 485, that I can still receive my GC? Or that will be illegal? Please clarify.
Thanks
I am on EB2+PERM. I got LC approved and currently filed for I-140 and 485.
As I understand unless the I-485 is pending for more than 180 days after the approval of I-140, I have to restart the whole process again with the new employer (expect that I can port PD if I want to).
Now are there any chance that if the above scenario happens, and my employer did not revoke I-140 or 485, that I can still receive my GC? Or that will be illegal? Please clarify.
Thanks
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01-01 08:49 AM
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singhv_1980
02-11 05:35 PM
Should be pretty straight forward. Ask her to take the signed I-20, financial support docs, letter from the department, and also from advisor (if possible). Though in our case, the VO didnt ask for a single doc but its good to have them all.
Good Luck!
Good Luck!
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kartikiran
04-22 12:58 PM
The link http://immigrationvoice.org/forum/showthread.php?t=25059 explains everything you are looking for.
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go_guy123
12-11 09:20 AM
This is my first post.
The green card backlog situation seems hopeless to me.
Is this organization working to get the
totalization agreement done so that at least we get some of the money that
we paid as taxes(but get no benefit in return).
Your thoughts would be greatly appreciated.
The green card backlog situation seems hopeless to me.
Is this organization working to get the
totalization agreement done so that at least we get some of the money that
we paid as taxes(but get no benefit in return).
Your thoughts would be greatly appreciated.
franklin
04-06 12:06 AM
Hey everyone
Thank you so much to those that attended the conference call this evening. We have some very encouraging action items to move forward with.
We have 1 confirmed meeting with Barbara Boxer, and several more meetings in the works.
For those on the call, this is a reminder to forward me your contact info to move forward with the plans discussed.
For those that missed the meeting but would like to remain involved, please pm me your email address and I can forward you what was discussed.
Regards
Franklin
Thank you so much to those that attended the conference call this evening. We have some very encouraging action items to move forward with.
We have 1 confirmed meeting with Barbara Boxer, and several more meetings in the works.
For those on the call, this is a reminder to forward me your contact info to move forward with the plans discussed.
For those that missed the meeting but would like to remain involved, please pm me your email address and I can forward you what was discussed.
Regards
Franklin
memyselfandus
03-06 08:34 AM
For applying green card...you don't need any special work visa like h1b etc.. What you need is a sponsorship for your greencard under EB2/EB3 categories. You can research more on that in this forum and also at immigration.com website.
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