visaspirant
10-21 11:50 PM
Your wife can't change her status because she is not currently maintaining status if the H-1B was approved as a change of status. CIS will only approve a change of status with proof that the applicant has maintained status. She needs to leave the US and return in H-4 status to effect H-4 status. She has been out of status since October 2008.
Thanks so much Elaine!
I presume her change of status (COS) from H4 to H1 took place automatically when she received her I-797 Approval notice from CIS with an I-94 valid till Oct 2011. Is my presumption correct?
Now, will her next COS i.e. from H1 to H4 take place when she leaves the US and appears for H4 interview based on my current H1's (company B's) 1-797 Approval notice in consulate in India?
I dont have stamp of my current H1 (company B's) in my passport. I have only the old H1 stamp (company A's) in my passport, which is already expired. I also plan to leave for India for my H1 stamping. Which will be the better approach: she appearing for her H4 interview along with me when I appear for my H1 stamping or she going alone ahead of me for her H4 stamping? Many thanks in advance.
Thanks so much Elaine!
I presume her change of status (COS) from H4 to H1 took place automatically when she received her I-797 Approval notice from CIS with an I-94 valid till Oct 2011. Is my presumption correct?
Now, will her next COS i.e. from H1 to H4 take place when she leaves the US and appears for H4 interview based on my current H1's (company B's) 1-797 Approval notice in consulate in India?
I dont have stamp of my current H1 (company B's) in my passport. I have only the old H1 stamp (company A's) in my passport, which is already expired. I also plan to leave for India for my H1 stamping. Which will be the better approach: she appearing for her H4 interview along with me when I appear for my H1 stamping or she going alone ahead of me for her H4 stamping? Many thanks in advance.
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GCNeophyte
07-02 09:51 AM
idli_vada.. we have enough issues with our GC processings... get the hell out here
shukla77
06-12 10:07 PM
Got exact the same RFE for me and my wife. Will see what happens next week.
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hpandey
11-12 11:05 AM
Why have you created 56,098 threads on the same topic?
If the number of threads is really 56,098 then it means that the number of threads are more than the number of IV Members :)
This is interpreted as hijacking a web-forum so that no one else can use it. I wish someone would do something about it. Spamming never did good for any agenda.
If the number of threads is really 56,098 then it means that the number of threads are more than the number of IV Members :)
This is interpreted as hijacking a web-forum so that no one else can use it. I wish someone would do something about it. Spamming never did good for any agenda.
more...
Canadian_Dream
11-02 01:03 PM
Berry, Appleman & Leiden LLP is probably the best immigration law firm in West Coast.
http://www.usabal.com/
In case you don't about the class action law suit of Chintakuntla et al. v. INS, please check the link:
http://www.immigrationlinks.com/news/news269.htm
http://www.usabal.com/
In case you don't about the class action law suit of Chintakuntla et al. v. INS, please check the link:
http://www.immigrationlinks.com/news/news269.htm
ujjvalkoul
03-05 01:23 PM
copy of current employment letter and future job offer...Does this has to be with same company...OR...
Can Current letter be from new Co.(u switced to using AC21) and Future Employment offer leeter has to be from teh Orig Spnsoring Employer???
Can Current letter be from new Co.(u switced to using AC21) and Future Employment offer leeter has to be from teh Orig Spnsoring Employer???
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krishna_brc
02-05 11:02 AM
i filed my labor 7 years ago as a programmer, today i am a project manager. I have changed job using ac21 twice, did not inform uscis even once (as its not reqd by law). I am in eb3 india and I have no hopes that uscis will ever get to my application, and even if they did after 5 years from now, I dont care if they issue an RFE and deny my 485 all together. Point I am trying to say is , you cannot spoil your career waiting for this. I changed my job exactly on 6 months and one day after i filed 485. past 2 years i am a PM. I am pretty confident that I would have had atleast 5 years PM experience by the time they reach my application or even more time. After all I want to go back to my home country pretty soon and so did not want to care about all this job title, description etc crap..this is just me..use your own instincts.
Well said eb3retro.
I totally agree with you.
Well said eb3retro.
I totally agree with you.
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vactorboy29
02-24 10:05 AM
He is the best player in cricket history. I admire his passion and dedication about cricket.
Congratulations to all cricket lovers...
We will remember this record all our life ...
Congratulations to all cricket lovers...
We will remember this record all our life ...
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chanduv23
09-04 10:41 PM
My apologies for those who signed for this event. This has been called off. A decision was made by Chapter volunteers in the Tri State Conference call tonight.
THANKS FOR THE UNDERSTANDING
THANKS FOR THE UNDERSTANDING
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sac-r-ten
04-26 11:18 AM
Sorry for your situation. Its tough for you. Guess you need to move out of country since the basis of extension (labor) is also in jeopardy. As someone said, consult a good lawyer quickly.
Good luck.
Good luck.
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LostInGCProcess
11-06 04:13 PM
OK, thank you. Has anyone done this? Going from AOS to H-1B? I mean, getting into H1 status w/o leaving the U.S.?
I cannot give you an example, since I don't know anybody doing that. AFAIK, if the H1 document, does not come with the I-94, then you have to leave the country and enter to get into H1b status. However, if you do get the I-94 stub, you need not travel thru POI.
confirm with an attorney.
I cannot give you an example, since I don't know anybody doing that. AFAIK, if the H1 document, does not come with the I-94, then you have to leave the country and enter to get into H1b status. However, if you do get the I-94 stub, you need not travel thru POI.
confirm with an attorney.
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nashim
08-07 11:51 AM
Good job, people can laugh by this post in a busy work schedule.
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bestia
07-16 10:30 PM
Argument:
Due to un-availability of revised bulletin, if NSC approves i485 and issues AP and EAD, they cannot cancel it..as they have not used any visa # at this time ? Am I correct ?
If they will incorrectly approve I-485 they CAN and WILL revoke it and they have done that. I personally know people who got their GCs revoked because of USCIS mistakes (not EB though), although they didn't get in much trouble. I don't remember the web-site where I read the story. The person had his 485 approved while he wasn't current. The lawyer suggested to inform USCIS about mistaken approval, USCIS revoked the GC and when the person became current they approved his 485 again.
Due to un-availability of revised bulletin, if NSC approves i485 and issues AP and EAD, they cannot cancel it..as they have not used any visa # at this time ? Am I correct ?
If they will incorrectly approve I-485 they CAN and WILL revoke it and they have done that. I personally know people who got their GCs revoked because of USCIS mistakes (not EB though), although they didn't get in much trouble. I don't remember the web-site where I read the story. The person had his 485 approved while he wasn't current. The lawyer suggested to inform USCIS about mistaken approval, USCIS revoked the GC and when the person became current they approved his 485 again.
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xela
11-12 10:23 AM
Sounds liek a great idea, I am right there with you, because this just makes no sense.
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logiclife
01-29 07:06 PM
Wow...wait a minute here.
He does not have the stamp in his passport for the new employer. If he has already quit his old employer for which he has the H1B stamp, then he probably must have a new stamp(for latest H1) for re-entering.
First of all, he would be using his new I-94 that is attached to the new H1 he just got from his new employer. So his departure record would show him working for new employer. When he comes back, if he doesnt have visa stamp for the new employer, then it would be a problem, I am pretty sure.
Better check with a lawyer newh1user. I am pretty sure you will need new H1 stamp that is tied to new I-797 if you exit USA and give your latest I-94 when leaving.
Also, think about getting an H1 stamp overseas in Europe while you are at this situation. If you have a bachelors or masters degree from United States, then getting H1 stamping in countries other than your home country is not a big challenge.
He does not have the stamp in his passport for the new employer. If he has already quit his old employer for which he has the H1B stamp, then he probably must have a new stamp(for latest H1) for re-entering.
First of all, he would be using his new I-94 that is attached to the new H1 he just got from his new employer. So his departure record would show him working for new employer. When he comes back, if he doesnt have visa stamp for the new employer, then it would be a problem, I am pretty sure.
Better check with a lawyer newh1user. I am pretty sure you will need new H1 stamp that is tied to new I-797 if you exit USA and give your latest I-94 when leaving.
Also, think about getting an H1 stamp overseas in Europe while you are at this situation. If you have a bachelors or masters degree from United States, then getting H1 stamping in countries other than your home country is not a big challenge.
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GC_1000Watt
10-12 04:38 PM
You can take upto 6 months of paystubs with you for the stamping. Since you are carrying yiour W2's as well, they very well reflect your past earnings.
6 months? Boss only 2 recent paystubs are required.
@itsmesabby : Its because of people like you, USCIS is asking for unneccesary XYZ documents for the extension or 485 processes nowadays. Because you are providing more than required documentation.
Think before you suggest something.
6 months? Boss only 2 recent paystubs are required.
@itsmesabby : Its because of people like you, USCIS is asking for unneccesary XYZ documents for the extension or 485 processes nowadays. Because you are providing more than required documentation.
Think before you suggest something.
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SertTurk
07-19 05:10 PM
Yes, we have to go to Turkey for cosular processing since I accepted illegal employment and paid taxes for one year when we first came here.
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Abhinaym
09-12 12:57 PM
Lets start IV wiki then....
and people here who are going through the process can contribute to it first hand.... coupled with moderation form admins.
What say IVians?
That sounds like a solid idea! We should be able to edit existing and new wikipedia entries showing our woes.
Of course, we'll have to write it so that the text appears balanced and unbiased.
Once again, this will show strength in numbers. BTW, how will moderation from admins work? This will have to be group work, with constant refinement.
and people here who are going through the process can contribute to it first hand.... coupled with moderation form admins.
What say IVians?
That sounds like a solid idea! We should be able to edit existing and new wikipedia entries showing our woes.
Of course, we'll have to write it so that the text appears balanced and unbiased.
Once again, this will show strength in numbers. BTW, how will moderation from admins work? This will have to be group work, with constant refinement.
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extofu
03-07 11:07 AM
you can re-enter with previous visa stamp with company A's annotation as long as it is still valid..however, you need to have the latest I-797 approval notice from your current employer and show it to the immigration officer at the poe...
Could you please elaborate? I have a stamp from company A but I have quit it in 2005.
Could you please elaborate? I have a stamp from company A but I have quit it in 2005.
ayaskant
02-01 09:48 AM
I updated my profile with the information I know.
Pagal
06-02 09:49 AM
Hello,
Sorry to read that! Definitely file a lawsuit to ask not only for 30k, but also for financial hardship resulting from the outcome.
Regarding reentry, there should not be any problem for your Mom as the bills were addressed to you (so her name should not be on defaulter list).
There is insurance (Visitor Health Insurance, Pre-existing condition coverage, AIU (http://www..us) - which covers pre-existing conditions) and their rates are competitive. But I've never had to file a claim, so don't know if they would be different...
Sorry to read that! Definitely file a lawsuit to ask not only for 30k, but also for financial hardship resulting from the outcome.
Regarding reentry, there should not be any problem for your Mom as the bills were addressed to you (so her name should not be on defaulter list).
There is insurance (Visitor Health Insurance, Pre-existing condition coverage, AIU (http://www..us) - which covers pre-existing conditions) and their rates are competitive. But I've never had to file a claim, so don't know if they would be different...
