ita
01-16 01:38 PM
I was trying to find out if it is possible to switch from H1-EAD-H1 all the while staying in the country.
If this switch is possible then will the EAD-H1 switch process be treated as 1 .transfer/ 2.new H1 application(subject to annual quota,lottery)/ 3.something else(recapture)? Though in all the three cases this new H1 will be valid for only whatever time that is left on H1 and not 6 years.
All these days I thought it would be treated as transfer (though there is a gap between the H1).
Thank you.
There is something called as recapturing of lost Days on H1. So for example you were out of USA for some time when you were on H1 you can recapture that period. Try googling "Recapturing of H1".
This way you will not be part of the New quota. Hope this helps
If this switch is possible then will the EAD-H1 switch process be treated as 1 .transfer/ 2.new H1 application(subject to annual quota,lottery)/ 3.something else(recapture)? Though in all the three cases this new H1 will be valid for only whatever time that is left on H1 and not 6 years.
All these days I thought it would be treated as transfer (though there is a gap between the H1).
Thank you.
There is something called as recapturing of lost Days on H1. So for example you were out of USA for some time when you were on H1 you can recapture that period. Try googling "Recapturing of H1".
This way you will not be part of the New quota. Hope this helps
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ravindrajadeja
04-30 08:34 PM
Yes getting her here on an F1 Visa is your best option. You can hv the wedding in India but she shd not disclose abt her wedding and shd cm here on her maiden name and after afew months you can hv a registered marriage here. That is what my cousin did and they flew together to US.
Thanks Chalam.. So who sponsored for her education?..Did she mention in admission process that her fiance is going to sponsor her education and also did she mention that during the F1 visa application process?...OR she did everything on her own not related to her fiance?..
Thanks again
Thanks Chalam.. So who sponsored for her education?..Did she mention in admission process that her fiance is going to sponsor her education and also did she mention that during the F1 visa application process?...OR she did everything on her own not related to her fiance?..
Thanks again
gceb3holder
02-27 08:51 AM
Ok! So that brings me to late July... :( still, not bad, but not perfect. Anyway, like someone up there said, it is worth it. :cool:
What would be the process to switch jobs? Does the new employer need to fill anything with USCIS ? Or I can simply sign a new contract with them ?
What would be the process to switch jobs? Does the new employer need to fill anything with USCIS ? Or I can simply sign a new contract with them ?
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eilsoe
10-03 01:31 PM
neither do I...
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roseball
02-23 04:51 PM
Texas allows instate tuition waivers for H1 and H4 visa holders provided they are residents of texas for 1 year. In other words, any H1/H4 holder residing in TX for more than a year only pays instate tuition.
rinkurazdan
05-31 11:17 AM
Keep the cash rolling...for that will only save us from the gross injustice.
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jojet
10-26 01:02 AM
guys can someone please let me know what is meant by lud.
my fringerprinting was done 2 days ago and received ead no ap yet.
i have seen posts saying online status of i485 been adjusted to lud after
finger printing done.i donot see any changes online for i485 after finger printing.
i highly appreciate if someone let me know what is lud
my fringerprinting was done 2 days ago and received ead no ap yet.
i have seen posts saying online status of i485 been adjusted to lud after
finger printing done.i donot see any changes online for i485 after finger printing.
i highly appreciate if someone let me know what is lud
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yganreddy
09-01 12:01 AM
They would have been happy with their half loaf.
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imv116
06-06 05:26 PM
Hi,
I have some questions in regard to using AC21.
Using AC21, what are the risks involved with I140, provided it is:
1. Already approved and more than 180 days after filling I485?
2. New job/position is “same or similar” as mentioned in I140?
Situation:
1. Employer wants to revoke the I140 or in way threatens
2. Can I have the freedom to change employer, provided I have a “same or similar” position and I timely file AC21 with new employment details.
Also, with links to a MEMO from USCIS dated August 4, 2003. Are there any updates to that memo?
http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
http://www.murthy.com/news/UDportme.html
Please give your suggestions
Thanks All,
IMV116
I have some questions in regard to using AC21.
Using AC21, what are the risks involved with I140, provided it is:
1. Already approved and more than 180 days after filling I485?
2. New job/position is “same or similar” as mentioned in I140?
Situation:
1. Employer wants to revoke the I140 or in way threatens
2. Can I have the freedom to change employer, provided I have a “same or similar” position and I timely file AC21 with new employment details.
Also, with links to a MEMO from USCIS dated August 4, 2003. Are there any updates to that memo?
http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
http://www.murthy.com/news/UDportme.html
Please give your suggestions
Thanks All,
IMV116
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puskeygadha
07-17 02:33 PM
any news from fragemon
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riva2005
03-16 03:40 PM
Need your opinion on this.. filed for I-485 on EB2 in July 07. I am the primary applicant. I have been married since May '04. Need to apply for a divorce. My wife, a derivative in my application, is holding up the process as it may affect her chances of getting a GC without any sweat. She has an parallel GC process running solely in her name, which I believe hasnt cleared PERM yet (some sort of audit). She is on H1B, extendable for another 3 years, and has EAD from my GC application. Will there be any implications on her application if the divorce goes through? And also, can I out of spite do anything to get her derivative application out of the queue :rolleyes: ?
If your wife is using EAD based on a 485 that was filed as your dependent, then her 485 and her EAD will be lost if you withdraw her 485. I dont think you need to get a divorce for that. However, I think if you get her 485 withdrawn, then something tells me that your divorce process will accelerate.
If she is not using the EAD that came out of 485 filed with your 485, and if she is using H1 that is getting extended based on her own separate labor/GC process, then she may be unaffected by whatever you do - divorce her, withdraw her 485, or do both.
Also, if you divorce her, then there is no way that the 485 that was filed along with your 485 will be useful. That dependent 485 is no good to her if you are divorced.
I think your whole mixing of immigration and marital situation is complicating things. If you want to get divorced, get divorced. There is going to be enough pain on both sides during and after the divorce. Dont add to your work by engaging immigration issues with it.
Also, in most states, in order get a divorce, you have to have lived in that state for minimum of 6 months. And you need to wait 90 - 180 days between filing for divorce and actually getting that divorce. If there are custody battles, battles over property, money then it could be longer. If you own a house, then the house may be considered marital property and she and you would have equal right to the equity in the house, even if its only your name on the title and even if you are the only one making payments. It , of course, depends on your state. In some states, if the house is in your name, then its yours even if you are married.
Even amicable divorces are messy, painful and tiring. So if you have time and energy after going thru all that, then you may think about screwing your spouse out of immigration benefits that she got by being married to you.
By the way, no one can stop or "HOLD UP" your divorce. If you want to start the divorce process, you can start it at any time. I dont think any state allows one spouse to "HOLD UP" divorce if the other one wants to get out of a marriage. It can be prolonged by fighting over money, custody, visitation rights etc. But to start the process, you have to file a petition in your county and get your spouse "served" the petition.
If your wife is using EAD based on a 485 that was filed as your dependent, then her 485 and her EAD will be lost if you withdraw her 485. I dont think you need to get a divorce for that. However, I think if you get her 485 withdrawn, then something tells me that your divorce process will accelerate.
If she is not using the EAD that came out of 485 filed with your 485, and if she is using H1 that is getting extended based on her own separate labor/GC process, then she may be unaffected by whatever you do - divorce her, withdraw her 485, or do both.
Also, if you divorce her, then there is no way that the 485 that was filed along with your 485 will be useful. That dependent 485 is no good to her if you are divorced.
I think your whole mixing of immigration and marital situation is complicating things. If you want to get divorced, get divorced. There is going to be enough pain on both sides during and after the divorce. Dont add to your work by engaging immigration issues with it.
Also, in most states, in order get a divorce, you have to have lived in that state for minimum of 6 months. And you need to wait 90 - 180 days between filing for divorce and actually getting that divorce. If there are custody battles, battles over property, money then it could be longer. If you own a house, then the house may be considered marital property and she and you would have equal right to the equity in the house, even if its only your name on the title and even if you are the only one making payments. It , of course, depends on your state. In some states, if the house is in your name, then its yours even if you are married.
Even amicable divorces are messy, painful and tiring. So if you have time and energy after going thru all that, then you may think about screwing your spouse out of immigration benefits that she got by being married to you.
By the way, no one can stop or "HOLD UP" your divorce. If you want to start the divorce process, you can start it at any time. I dont think any state allows one spouse to "HOLD UP" divorce if the other one wants to get out of a marriage. It can be prolonged by fighting over money, custody, visitation rights etc. But to start the process, you have to file a petition in your county and get your spouse "served" the petition.
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snathan
01-22 08:25 PM
I was working for a Company A with whom I recently had my petition extended until this year Aug. Then I got laid off and then changed to Company B in Dec 09. But since then until now which is 6 weeks my current employer (his lawyer) has not filed my H1 to USCIS and going to do it shortly. But then Company A again want to rehire me now. One good thing is my Current I-797 petition is with Company A which is not revoked and is valid. But the bad news is they say I've been out of H1 Status since I left them in Dec and that would be a problem for them and for me to rehire me.
The Options Company A is giving me is to go out and get restamping done based on the current petition I have and agree/confess to Consulate that I was out of H1 status for 6 weeks and was under unauthorized employment (which I did not intent to break law as I only came to know a week back that my new employer has not filed the H1) and ask their forgiveness to come out clean. But under the current H1 weather I really don't want to risk going for restamping is one and revealing that I was out of status for 6 weeks which leave my chances of restamping slim.
So I'm really looking for an answer here from someone who either has went through my situation or someone with experience or a professional advice. Just let me know how can I join back Company A legally without going out of US to restamp?
Ask them to run the pay roll for those six weeks and pay the salary. Then you should be fine as your H1 is not yet revoked.
PS: Check with attorney.
The Options Company A is giving me is to go out and get restamping done based on the current petition I have and agree/confess to Consulate that I was out of H1 status for 6 weeks and was under unauthorized employment (which I did not intent to break law as I only came to know a week back that my new employer has not filed the H1) and ask their forgiveness to come out clean. But under the current H1 weather I really don't want to risk going for restamping is one and revealing that I was out of status for 6 weeks which leave my chances of restamping slim.
So I'm really looking for an answer here from someone who either has went through my situation or someone with experience or a professional advice. Just let me know how can I join back Company A legally without going out of US to restamp?
Ask them to run the pay roll for those six weeks and pay the salary. Then you should be fine as your H1 is not yet revoked.
PS: Check with attorney.
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krishmunn
05-06 07:27 AM
Krishmunn,
How about this ? I have an approved I 140 in eb2 with my current employer, I 485 never filed, then join a new employer, start perm and then I 140.
Questions ..
1) If first employer withdraws I 140 after I move out. Can I still port my older PD when I140 is filed with new employer.
Yes you can . It cannot be ported only if 140 is revoked due to fraud.
How about this ? I have an approved I 140 in eb2 with my current employer, I 485 never filed, then join a new employer, start perm and then I 140.
Questions ..
1) If first employer withdraws I 140 after I move out. Can I still port my older PD when I140 is filed with new employer.
Yes you can . It cannot be ported only if 140 is revoked due to fraud.
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vipatel3
10-19 03:55 AM
Hi ,
Do you know anyone whose documents were sent back in error by USCIS staff on confusion over Fees increase ? How did it impact re-filing
Do you know anyone whose documents were sent back in error by USCIS staff on confusion over Fees increase ? How did it impact re-filing
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GCVictim
03-12 11:22 AM
My 140 approval updated after 1 yr....
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skark
08-22 10:53 AM
I applied for EAD renewal at TSC on June 24 with a pending EB3 I485 pending at NSC. I still have not got an approval for EAD renewal!
Is anyone else in the same boat got their EAD approved?
Did I send my application to the wrong service center, I live in North Carolina?
I know several other people that got their EAD renewal application approved at TSC and these people applied about a month later than me!!!
Please advise :confused:
Is anyone else in the same boat got their EAD approved?
Did I send my application to the wrong service center, I live in North Carolina?
I know several other people that got their EAD renewal application approved at TSC and these people applied about a month later than me!!!
Please advise :confused:
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factoryman
06-19 04:33 PM
Start worrying about LC approval notice and start working about AOS.
Aaj kal nav jawanoku, ye kya ho raha hi?
please post your comments
Aaj kal nav jawanoku, ye kya ho raha hi?
please post your comments
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willgetgc2005
11-01 02:10 PM
I have a question about my Mother in laws' visit to the USA.She has a 10 year multi entry tourist visa (B1, validity from 2005 to 2015) to the US and she has visited the US 3 times so far and the dates are as follows
February 18, 2006 to August 16, 2006 (visited her sons family in East)
July 8, 2007 to January 7, 2008 (stayed with us)
August 2, 2008 to February 01, 2009 (stayed with us)
She is currently on her 3rd visit to the USA and is living with us. Her departure date is January 2009. On her visit this time, at the port of entry (LAX) she was asked by the Immigration officer if she was visiting USA so often because of her grand child. She said yes and the immigration officer stamped her a 6 month stay and also told her to be careful of future visits so often to the United States. My mother in law is a widow and both her children live in the US as permanent residents.
Our baby recently had a health issue and was hospitalized. But due to all this with my wife and I both working, my wife feels it would be good if we could get my mother in law an extension of stay (perhaps 3months plus beyond January 2009)till my wife can complete her internship (which is time bound). My mother in laws� son lives in the east coast and he is a permanent resident in the USA.
I do not want to jeopardize her ability to visit the US in future due to an extension. So the question are:
Will a request for extension be approved by USCIS?
Will this jeopardize her chances of coming to the US in future?
IF she gets an extension this time, what will be the cooling off period for her to come to the US next time
How long does it take for USCIS to process a request for extension and what is the processing fee
Your response is greatly appreciated.
February 18, 2006 to August 16, 2006 (visited her sons family in East)
July 8, 2007 to January 7, 2008 (stayed with us)
August 2, 2008 to February 01, 2009 (stayed with us)
She is currently on her 3rd visit to the USA and is living with us. Her departure date is January 2009. On her visit this time, at the port of entry (LAX) she was asked by the Immigration officer if she was visiting USA so often because of her grand child. She said yes and the immigration officer stamped her a 6 month stay and also told her to be careful of future visits so often to the United States. My mother in law is a widow and both her children live in the US as permanent residents.
Our baby recently had a health issue and was hospitalized. But due to all this with my wife and I both working, my wife feels it would be good if we could get my mother in law an extension of stay (perhaps 3months plus beyond January 2009)till my wife can complete her internship (which is time bound). My mother in laws� son lives in the east coast and he is a permanent resident in the USA.
I do not want to jeopardize her ability to visit the US in future due to an extension. So the question are:
Will a request for extension be approved by USCIS?
Will this jeopardize her chances of coming to the US in future?
IF she gets an extension this time, what will be the cooling off period for her to come to the US next time
How long does it take for USCIS to process a request for extension and what is the processing fee
Your response is greatly appreciated.
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Almond
06-17 09:57 PM
I have been to Infopass at least four times in last two years. It depends on service rep on the window. Some of them are very cooperative and will try to answer most of your questions but others may not answer anything. I has an appointment yesterday to figure out about Background check which has been pending for last six months. Service rep on window only told me that it is still pending, she won't say when was it ordered which part of it is pending.. I tried to impress upon her but, she got up and walk away. It was such a waste of my time...
It is pure luck.. Couple of times, I got a rep who had helped me with AP stuff...
Same thing here. I've been to infopass a million times already. Some of them will tell you straight up that it's on someone's desk and to wait and come back in 1-2 months. Others will feel sorry for you and make some copies of your stuff and fill up some paperwork to "put it on the officer's desk"-you know, just to give you some hope. I've even gone with a lawyer's letter. Nada. Basically, you're at the system's mercy and the infopass people are just customer service reps that are there to answer your most basic questions. Get beyond basic and you're out of shit luck.
It is pure luck.. Couple of times, I got a rep who had helped me with AP stuff...
Same thing here. I've been to infopass a million times already. Some of them will tell you straight up that it's on someone's desk and to wait and come back in 1-2 months. Others will feel sorry for you and make some copies of your stuff and fill up some paperwork to "put it on the officer's desk"-you know, just to give you some hope. I've even gone with a lawyer's letter. Nada. Basically, you're at the system's mercy and the infopass people are just customer service reps that are there to answer your most basic questions. Get beyond basic and you're out of shit luck.
nortam1
09-17 04:15 PM
My receipts say the same...
Anybody knows what it is?
Anybody knows what it is?
amsgc
08-07 09:55 PM
why is name check still an issue? I thought the Feb memo spelt it out in no uncertain terms.
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