Deepadandamudi
01-28 10:21 PM
Since 7 years I was working on EAD and now I am thinking to convert into H1B , since I am planning to get separated from spouse.(my GC process is dependent on my spouse).
I was not on H1B before.
Q1: Once I get my H1B, will my EAD gets revoked or can I maintain both H1B as well as EAD?
Q2: If I get divorced, will by EAD status becomes invalid from the day1 after divorce?
I was not on H1B before.
Q1: Once I get my H1B, will my EAD gets revoked or can I maintain both H1B as well as EAD?
Q2: If I get divorced, will by EAD status becomes invalid from the day1 after divorce?
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loku
08-16 07:41 AM
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.
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.
microbe
February 17th, 2004, 11:35 PM
i'm no pro, but i think the first is much better then the second. the framing of the image is a bit off, but to me that's what makes the image.
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ravicmv
05-20 11:05 PM
Helllo Experts,
Here is my Case:
Have 4 yrs of work experience and changed 3 employers in the past.
1 st employer: Worked as a Programmer Analyst for 6 months
2nd employer: Worked as Sr.Software Engineer for1.6 years
3rd Employer: Worked as Sr.Software Engineer for 2 years
Under unexpected circumstances, 2nd employer filed my H1 for a senior level even when I have only 2.5 yrs of experience.
I am trying to change job and look for a prospective employer who would file my labor/GC immediately.
The 4rth employer is willing to my GC but the Job designation will be Software Engineer.
Can you please advise if there would be any negative impact on my GC process if I take a step down in my title.
I liked the organization, work environment and all I am concerned now is about any RFC's for the different Job Titles I had so far.
I am in a very confused state and Please advise me as I need to respond for the Job offer.
I sincerely appreciate your help.
Thanks,
Ravi
Here is my Case:
Have 4 yrs of work experience and changed 3 employers in the past.
1 st employer: Worked as a Programmer Analyst for 6 months
2nd employer: Worked as Sr.Software Engineer for1.6 years
3rd Employer: Worked as Sr.Software Engineer for 2 years
Under unexpected circumstances, 2nd employer filed my H1 for a senior level even when I have only 2.5 yrs of experience.
I am trying to change job and look for a prospective employer who would file my labor/GC immediately.
The 4rth employer is willing to my GC but the Job designation will be Software Engineer.
Can you please advise if there would be any negative impact on my GC process if I take a step down in my title.
I liked the organization, work environment and all I am concerned now is about any RFC's for the different Job Titles I had so far.
I am in a very confused state and Please advise me as I need to respond for the Job offer.
I sincerely appreciate your help.
Thanks,
Ravi
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Rockey
02-29 07:23 PM
Any one who have marked No for these questions even after applying for 140 and 485..:confused: Please post...
Anders �stberg
June 12th, 2005, 04:50 AM
Congrats! New lenses is always a thrill. Great pictures too, looks like you made good choices.
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alejo6819
10-04 08:55 PM
Hello,
I have my FP appointment at this USCIS office in Charlotte, NC at 4801 Chastain Ave.
Has anybody been to this place before?
I wanted to know about parking and any other useful info anybody can provide.
Thanks a lot.
I have my FP appointment at this USCIS office in Charlotte, NC at 4801 Chastain Ave.
Has anybody been to this place before?
I wanted to know about parking and any other useful info anybody can provide.
Thanks a lot.
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superdesi
09-15 04:00 PM
From my understanding the I-140 acceptance criteria for EB2 through labor certification, EB2 through NIW, and EB1 are completely different. You may have to redo the entire application process for EB-1(recommendations etc).
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martinvisalaw
02-10 02:38 PM
It's hard to answer without seeing the actual NOIR. However, CIS could have made a mistake, which happens sometimes. Whatever the response, make sure that it is filed before the NOIR deadline. Good luck.
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sbind_77
09-04 04:52 PM
March I applied H4 for my wife. It's still pending. She is travelling to India next month and will be back only Feb. Currently she is having valid AP till next yr and we are planning to use AP this time. If you are applying H4 not along with H1 then it'll take longer time, but you can get H4 stamping in India with your husband�s valid H1 document. You don't need to have H4 document for your stamping. One of my friend�s wife similar to your situation got stamping in India without H4 document.
-Bala
-Bala
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gc_lover
06-22 12:30 PM
should this be in color or B/W ?
B/W would do it.
B/W would do it.
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jnraajan
04-11 03:19 PM
USCIS is the US Govt..You do not tell Uncle SAm how to do their job....!!
Actually, that is not true. USCIS is part of US Govt. That is true. But, the department is run exclusively on the funds generated by receipt fees. So, they do have a responsibility towards us. dont you think
Actually, that is not true. USCIS is part of US Govt. That is true. But, the department is run exclusively on the funds generated by receipt fees. So, they do have a responsibility towards us. dont you think
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ddeka
01-25 04:06 PM
Do you need a valid H-1B status if your H-1B stamp has expired. I don't have any H-1B stamp on my passport and my H-1B status (I-797) will expire on February 14th, 2008. I will then switch to EAD. I am traveling on Feb 23rds, 2008 (Chicago->JFK->Dubai-Pakistan).
So, do i still need a valid H-1B status even though, i will be traveling back on AP?
No you don't need. Whatever Rtarar said - thats what you need
So, do i still need a valid H-1B status even though, i will be traveling back on AP?
No you don't need. Whatever Rtarar said - thats what you need
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abhaykul
06-19 02:35 PM
I applaud IV's core member's achievement so far. I have been participating from Sunjoshi's S1932 thread to ISNAmerica.org and finally was happy when I saw IV progressing.As busy professionals what IV's core member's have achieved is commendable.
Looking back @ S1932 and this comprehensive Immigration reform bill. I strongly feel that we should concentrate on backing a bill meant only for legal Immigration. Anti Illegal immigration forces, make no mistake are all anti legal Immigration too. So these folks make lot of noice and have found means like budget reconciliation and amnesty to block our reforms. Majority of Americans and the lawmakers are pro-Legal Immigration (We have seen this when Senator Byrd amendment was voted out when the senate was discussing S1932).It does not mean we should not take any part in Comprehensive Immigration reform or similar bills. In fact we should all still send faxes call lawmakers and be vocal as much as we can but the main
aim has to be a bill dealing with legal Immigration only. One Other point I would like to put forth is we should Initiate a "for Legal Immigration only" bill in the house first so will not be jubilant when it passes in senate and then go in depression when it fails in committee or the house. If Dem's come to power in the house the scenario is going to be very different after the November elections but for now this is all we can do for the few days remaining before the election.
Looking back @ S1932 and this comprehensive Immigration reform bill. I strongly feel that we should concentrate on backing a bill meant only for legal Immigration. Anti Illegal immigration forces, make no mistake are all anti legal Immigration too. So these folks make lot of noice and have found means like budget reconciliation and amnesty to block our reforms. Majority of Americans and the lawmakers are pro-Legal Immigration (We have seen this when Senator Byrd amendment was voted out when the senate was discussing S1932).It does not mean we should not take any part in Comprehensive Immigration reform or similar bills. In fact we should all still send faxes call lawmakers and be vocal as much as we can but the main
aim has to be a bill dealing with legal Immigration only. One Other point I would like to put forth is we should Initiate a "for Legal Immigration only" bill in the house first so will not be jubilant when it passes in senate and then go in depression when it fails in committee or the house. If Dem's come to power in the house the scenario is going to be very different after the November elections but for now this is all we can do for the few days remaining before the election.
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131313
November 16th, 2004, 09:23 PM
I gotta see this place. ...very inviting photographs.
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Tigran78
03-11 03:12 PM
Thanks for replying i am really appreciated I know about GC but it will take about 8 month.
I will start process soon.
But I want this happen earlier.
I need some advice what i can do to convince US embassy to approve her visa for now.
I will start process soon.
But I want this happen earlier.
I need some advice what i can do to convince US embassy to approve her visa for now.
more...
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jr4348
06-25 01:27 AM
I�m J1 visa holder and I�m planning on a vacation for Alaska cruise
during my grace period.
Here�s my trouble. I know J1 visa holder can�t go outside from USA during the grace period. But Alaska is also one of states of USA.
I also know that cruise visit to Victoria in Canada. But I will stay at my ship instead visiting Victoria. Is it ok to go legally? I mean �. can I go back to USA after Alaska cruise without any problems?
during my grace period.
Here�s my trouble. I know J1 visa holder can�t go outside from USA during the grace period. But Alaska is also one of states of USA.
I also know that cruise visit to Victoria in Canada. But I will stay at my ship instead visiting Victoria. Is it ok to go legally? I mean �. can I go back to USA after Alaska cruise without any problems?
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desi3933
06-10 12:45 PM
Hi,
My H1 transfer got denied. My company said they are unlikely to file an MTR. I have a valid EAD and old company H1 (based on 140 approval) valid till Jan 2010.
Can i find other company and file a different H1 transfer based on my old company valid H1?
Please Advice.
Hi Vikram -
Since your H-1B transfer petition is denied, you are not in H1 status anymore. However, I would suggest consider applying for 3 year H1 based on approved I-140 (and PD is not current). It does not matter who applied for that I-140.
There is a chance that USCIS may approve this H1 without I-94. In that case, you need to get new visa stamp and reenter into US to get back into H-1B status.
Good Luck.
_______________________
Not a legal advice.
US citizen of Indian origin
My H1 transfer got denied. My company said they are unlikely to file an MTR. I have a valid EAD and old company H1 (based on 140 approval) valid till Jan 2010.
Can i find other company and file a different H1 transfer based on my old company valid H1?
Please Advice.
Hi Vikram -
Since your H-1B transfer petition is denied, you are not in H1 status anymore. However, I would suggest consider applying for 3 year H1 based on approved I-140 (and PD is not current). It does not matter who applied for that I-140.
There is a chance that USCIS may approve this H1 without I-94. In that case, you need to get new visa stamp and reenter into US to get back into H-1B status.
Good Luck.
_______________________
Not a legal advice.
US citizen of Indian origin
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hibworker
02-13 01:47 PM
My husband recently changed jobs and has not updated the transfer in his H1 visa yet. I need to travel to India. Can i travel with the existing H4 with his new I-797 and salary stubs? Or do we have to updated the visas before we can travel?
Thanks.
Yes you can travel with latest approval notice and pay stubs although they most likely won't even ask for it. You do not need new visa before travelling back to US.
Thanks.
Yes you can travel with latest approval notice and pay stubs although they most likely won't even ask for it. You do not need new visa before travelling back to US.
p7810456
06-18 08:10 AM
I am in the same boat. Could someone answer this question ? I am trying to get affidavit from parents and the header reads "Affidavit of <wife's name> (known as <wife's previous name> at the time of birth". Is that good enough? BC has her pre-marriage name but it got issues just last week.
Thx
BC should always have wife's maiden name.. and affidavits can have wife's current name!!! That works out very well... thats how I got it for my wife.
Thx
BC should always have wife's maiden name.. and affidavits can have wife's current name!!! That works out very well... thats how I got it for my wife.
grinch
06-26 04:26 PM
This should be moved to the Completed battle Subforum ;)
Mods?
Mods?
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