gotgc?
11-19 12:41 PM
Hi All,
My wife entered US on H4 Visa. Her H4 is valid until Oct 2009. Last year, she got her EAD and started working on EAD. If she has to travel out of the country and come back, can she do it on H4 until 2009 or will she need an AP now that she has used her EAD..
Could anyone please share..Apologies if this is a repeat. Could not find any info on the forums.
Same situation for us in May 2008 when we travelled to Canada...my wife was on H4; then started working on EAD. We had APs as well. But, we also had a valid visa stamping in our passport until May 2009. My lawyer told us that either is ok. But, asked us to use H1B/H4 and we did that. Use of EAD does not mandate H4 person to give up that status. But use of EAD mandates H1 person to give up that status. Since I am still on H1, we used H-1B/H-4. Even, when we applied for our AP/EAD renewals we mentioned that last manner of entry as H1/H4. If you are on EAD, then you have to use AP.
My wife entered US on H4 Visa. Her H4 is valid until Oct 2009. Last year, she got her EAD and started working on EAD. If she has to travel out of the country and come back, can she do it on H4 until 2009 or will she need an AP now that she has used her EAD..
Could anyone please share..Apologies if this is a repeat. Could not find any info on the forums.
Same situation for us in May 2008 when we travelled to Canada...my wife was on H4; then started working on EAD. We had APs as well. But, we also had a valid visa stamping in our passport until May 2009. My lawyer told us that either is ok. But, asked us to use H1B/H4 and we did that. Use of EAD does not mandate H4 person to give up that status. But use of EAD mandates H1 person to give up that status. Since I am still on H1, we used H-1B/H-4. Even, when we applied for our AP/EAD renewals we mentioned that last manner of entry as H1/H4. If you are on EAD, then you have to use AP.
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snathan
07-23 11:43 AM
I would advise you to minimise the risk rather than money. May be you can start the GC for future employment. It will take time to do the PERM process and in the mean time you can complete your current project also.
1. Start the H1 transfer and GC process now itself.
2. Stay with your current employer until the project is over.
3. Take the money and join the new company at end of six month if everything goes smooth.
By doing this you get the money and also minimise the risk with new employer. But you need to get the consultant who is ready to do this.
1. Start the H1 transfer and GC process now itself.
2. Stay with your current employer until the project is over.
3. Take the money and join the new company at end of six month if everything goes smooth.
By doing this you get the money and also minimise the risk with new employer. But you need to get the consultant who is ready to do this.
mambarg
07-24 07:08 PM
My attorney uses Fedex and we get receipts on time.
I would recommend to use Fedex instead of UPS.
I would recommend to use Fedex instead of UPS.
2011 Periodic Table of Typefaces
jsb
09-16 03:20 PM
Why even this discussion. there are many who no longer work for the sponsor even before getting the GC. What do you think happens if they find out? have you heard of anybody whose GC was affected?
There is no such true limit. The essence is that the sponsor should have had genuine need to employ you at the sponsoring time. Circumstances can always change. For example, AC21 allows people to move to different employer after 180 days of filing. If there is nothing to indicate fraudulent intent everything is good.
There is no such true limit. The essence is that the sponsor should have had genuine need to employ you at the sponsoring time. Circumstances can always change. For example, AC21 allows people to move to different employer after 180 days of filing. If there is nothing to indicate fraudulent intent everything is good.
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shahrooz
08-26 09:21 PM
Here's my story, I'll try to make it short. Aug. '04 LC applicant. Filed for I-140 & I-485 (conc.) in Feb. '07. FP done in April. Received an e-mail from USCIS on 8.17.07 stating that an RFE letter has been issued for me on 8.16.07. Last friday (8.24.07) called my attorney, she said they haven't received it. She said they (their law firm) have changed their office location and informed USCIS in general, but not for each specific application they have filed, so it might take 3 weeks before we receive the FRE letter and usually there's a 30 day deadline for applicant to respond. Well, I got scared a little. I called USCIS customer service. The operator said she doesn't have access to specifics of case, e.g. nature of RFE letter, timeline for response (30, 42, 84 days) & etc. She also said there's zero chance for an extension to be granted to the applicant, if he can't provide the requested document within the timeline allowed by USCIS.
I called my attorney again. She said she had mailed all documents along with the application, except for previous work experience (which will be from my home country since I've worked for only 1 employer since I came to the U.S. in 2004)
Now my question is:
1- What if I don't receive the RFE letter in time?
2- Any loops to gain an extension if I can't make it before 30 days?
3- Any ways to find out about the nature of FRE letter?
4- Does this mean that I'll easily lose everything including 4 years of waiting if I just don't receive the RFE letter in time and can't provide them with what they're asking for? (Someone please answer NO to this question! :( )
5- Any advices, suggestions, similar experiences, ideas or solutions?
I appreciate any kind of feedback on this, since I'm almost shaking in here!
I called my attorney again. She said she had mailed all documents along with the application, except for previous work experience (which will be from my home country since I've worked for only 1 employer since I came to the U.S. in 2004)
Now my question is:
1- What if I don't receive the RFE letter in time?
2- Any loops to gain an extension if I can't make it before 30 days?
3- Any ways to find out about the nature of FRE letter?
4- Does this mean that I'll easily lose everything including 4 years of waiting if I just don't receive the RFE letter in time and can't provide them with what they're asking for? (Someone please answer NO to this question! :( )
5- Any advices, suggestions, similar experiences, ideas or solutions?
I appreciate any kind of feedback on this, since I'm almost shaking in here!
pleaseadviseme
09-23 07:01 PM
First - she files the F-2 and H-4 applications, not you. She can only request a change to H-4 status after you activate your H-1B, if it approved as a notify as explained above. If the employer is filing as an automatic change of status, she should request the H-4 change with you. She will not be eligible for F-2 status after your F-1 ends.
Thank you so much, you have been really helpful.
My last question to you here... sorry to be so annoying. I just got a new notification from my employer, saying that he will file my h1b on feb 1st. (sucks), and "petition" for June activation on the visa. I don't know what does that mean, but could you please suggest me what should my wife do? i mean my f1 should ends on may 31st. and h1b will start on june 1st. but when should she start filing for h4? i heard that she will be legal once she filed the h4, but i don't know how long it takes for the uscis to know she filed the change of status petition. for example... can she file on may 31st?
or is it even possible if i receive my h1b visa approval on April, and she files for H4 when i got the approval but petition for june 1st activation, same as me?
because i really don't think my employer is willing to file for both of us. Thank you very much, Please let me know because we are making a decision sometime this week... thanks alot!
Thank you so much, you have been really helpful.
My last question to you here... sorry to be so annoying. I just got a new notification from my employer, saying that he will file my h1b on feb 1st. (sucks), and "petition" for June activation on the visa. I don't know what does that mean, but could you please suggest me what should my wife do? i mean my f1 should ends on may 31st. and h1b will start on june 1st. but when should she start filing for h4? i heard that she will be legal once she filed the h4, but i don't know how long it takes for the uscis to know she filed the change of status petition. for example... can she file on may 31st?
or is it even possible if i receive my h1b visa approval on April, and she files for H4 when i got the approval but petition for june 1st activation, same as me?
because i really don't think my employer is willing to file for both of us. Thank you very much, Please let me know because we are making a decision sometime this week... thanks alot!
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shana04
07-23 12:55 PM
Thanks Snathan this will be the best. Problem I am facing is that no one is willing to start GC process unless I join them and they start making money to offset the costs. Can you suggest someone who can help?
1. If you stick to your current company, you might make money for few months but you are loosing all that extra cushion i.e. you need time for h1 transfer and applying for labor.
2. If you don't trust and join the new company why would they trust you
3. Body shoppers have mutual interest. They do it for money. They would not start your GC process unless you join them
4. As Snathan said, by the time you file your h1 and get it transfered it will take time. so why not do it.
5. If you want your GC process take risk.
6. Money is not always the crietria. Go gain some thing you need to loose something.
I wish you both good luck on finding your new employer and filing GC.
Play safe.
1. If you stick to your current company, you might make money for few months but you are loosing all that extra cushion i.e. you need time for h1 transfer and applying for labor.
2. If you don't trust and join the new company why would they trust you
3. Body shoppers have mutual interest. They do it for money. They would not start your GC process unless you join them
4. As Snathan said, by the time you file your h1 and get it transfered it will take time. so why not do it.
5. If you want your GC process take risk.
6. Money is not always the crietria. Go gain some thing you need to loose something.
I wish you both good luck on finding your new employer and filing GC.
Play safe.
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fcres
08-08 10:11 AM
What i have heard is that the RFE for I140 are mostly for ability to pay and for educational qualifications.
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dhesha
12-16 04:29 PM
Congrats and Best Wishes , It happened to my friend also, His PD is March 05 and got the approval on 10/29/08
I am just so frustrated (and happy for the TSC folks) that why all this approval thing is happening only in TSC, what is wrong with Nebraska
I am just so frustrated (and happy for the TSC folks) that why all this approval thing is happening only in TSC, what is wrong with Nebraska
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immi_enthu
08-10 04:26 PM
your attorney or employer (whoever filed it) will get the approval notice.
wont the company receive a courtesy copy even if attroney files it ?
wont the company receive a courtesy copy even if attroney files it ?
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arnet
09-13 02:28 PM
Started this thread just to encourage us after oct bulletin:
We know that unless a bill is passed (SKIL), retrogression issue cant be solved. It is not an easier task to accomplish but a task that needs more courage and efforts. Each time when we see the visa bulletin with no movement in dates, we feel more depressed but we should always remember this, no matter how many times we fall or pushed back, our goal is to get up and move with more strength. Now everyone is going through tough phases of life in one way or the other. This is not new for us, we have dealt this type of problems before.
As people say: "good things will happen to those who wait". Our team efforts (in IV), our hard work and prayers will definitely move the mountains. All we need now is faith and patience so that we can put focussed efforts to pass this SKIL bill by end of this year. Soon we will find ways to achieve this.
We know that unless a bill is passed (SKIL), retrogression issue cant be solved. It is not an easier task to accomplish but a task that needs more courage and efforts. Each time when we see the visa bulletin with no movement in dates, we feel more depressed but we should always remember this, no matter how many times we fall or pushed back, our goal is to get up and move with more strength. Now everyone is going through tough phases of life in one way or the other. This is not new for us, we have dealt this type of problems before.
As people say: "good things will happen to those who wait". Our team efforts (in IV), our hard work and prayers will definitely move the mountains. All we need now is faith and patience so that we can put focussed efforts to pass this SKIL bill by end of this year. Soon we will find ways to achieve this.
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satish_hello
10-13 02:11 PM
Same here i got my EAD and AP, no FP yet..
-satish
-satish
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walking_dude
10-30 01:52 PM
WA, Bill Gates is with you.
He attended Senate Commitee hearing to help you! Read his testimony and get inspired.
http://www.microsoft.com/Presspass/exec/billg/speeches/2007/03-07Senate.mspx (http://www.microsoft.com/Presspass/exec/billg/speeches/2007/03-07Senate.mspx)
He attended Senate Commitee hearing to help you! Read his testimony and get inspired.
http://www.microsoft.com/Presspass/exec/billg/speeches/2007/03-07Senate.mspx (http://www.microsoft.com/Presspass/exec/billg/speeches/2007/03-07Senate.mspx)
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gcformeornot
01-12 09:52 AM
lots of delays for many applicants. I personally know 2 people waiting. One waiting for more than 2 months. Other one just about a month.....:eek:
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quizzer
11-09 02:37 PM
Recently I have got Denial notice from INS on my I-140 application. All the documents are fine. Just They have mentioned as My Education Qualification is not equivalent to US Education. My Education is B.Sc. Physics and MBA.
Is anybody has got same problem, and if yes Please let me know what to do in this situation.
I am thinking of getting good Education Evaluation from Somebody. But I don't know it�s just happened because of Lawyer. Do I need to go to smart , strong Attorney to do this. OR Apply for new labor again and start the process.
Please suggest me on this.
Thanks
Yogs.
Can you tell me ur dates:
I140 RD
RFE received date?
EB2 or EB3?
Service center?
Thanks
Is anybody has got same problem, and if yes Please let me know what to do in this situation.
I am thinking of getting good Education Evaluation from Somebody. But I don't know it�s just happened because of Lawyer. Do I need to go to smart , strong Attorney to do this. OR Apply for new labor again and start the process.
Please suggest me on this.
Thanks
Yogs.
Can you tell me ur dates:
I140 RD
RFE received date?
EB2 or EB3?
Service center?
Thanks
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ata1234
07-13 09:02 PM
Done!
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gc28262
04-07 05:55 PM
psaxena,
Congrats. Thanks for the tips.
Like to hear more of your GC dreams :)
Congrats. Thanks for the tips.
Like to hear more of your GC dreams :)
girlfriend This Periodic Table contains
gg_ny
02-16 10:06 AM
Sorry I was busy doing my work and hence could not immediately answer your questions on hypothetical situations and some wrong conclusions.
FBI check for visa (H1 and L1) is different from what you get when you apply for GC (consular or AOS). While you are patiently (!) waiting for more from the other 257 people to answer you, please check some USCIS documents.
One has to be thankful that these two screenigns are different because there are people stuck for years in this step when they apply for GC.
Like somebody said, good luck!
I've been thinking about this for a while. Typically, it takes more time in average to obtain a green card through adjustment of status (I-485) than going through consular processing. Here's the part I don't understand! Both applicabts have to pass FBI name check. Those who use I-485 are already in the U.S. and that means they have gone through FBI name check once they applied for a visa at an American consulate/embassy to enter the U.S. under any visa category. Therefore, their background has been checked once and should be less questionable than those who go through consular processing and it's the first time FBI is conducting a name check on them. Now, how is it possible that I-485 applicants have to go through hell to get their green cards while consular processing applicants feel the heat of a green card in their hands much sooner?
FBI check for visa (H1 and L1) is different from what you get when you apply for GC (consular or AOS). While you are patiently (!) waiting for more from the other 257 people to answer you, please check some USCIS documents.
One has to be thankful that these two screenigns are different because there are people stuck for years in this step when they apply for GC.
Like somebody said, good luck!
I've been thinking about this for a while. Typically, it takes more time in average to obtain a green card through adjustment of status (I-485) than going through consular processing. Here's the part I don't understand! Both applicabts have to pass FBI name check. Those who use I-485 are already in the U.S. and that means they have gone through FBI name check once they applied for a visa at an American consulate/embassy to enter the U.S. under any visa category. Therefore, their background has been checked once and should be less questionable than those who go through consular processing and it's the first time FBI is conducting a name check on them. Now, how is it possible that I-485 applicants have to go through hell to get their green cards while consular processing applicants feel the heat of a green card in their hands much sooner?
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Siddharta
01-10 11:23 PM
I have Canadian GC since 2.9 years ago. I have to move to Canada in the next 2-3 months in order to maintain it. Should I move? I have stable job in US. I mostly thought I would have received my US GC by now. Is there any legal implications if I don't move. Do I just have to mail my canadian GC back to canadian consultate?
pitha
10-01 04:20 PM
Personally I dont think there would be much difference between Eb2 and Eb3 going forward (with Obama\Dick durbin presidency). With Obama CIR we might be forced to reapply in points based system in which case both eb2 and eb3 are screwed. I am not sure what sort of toxic potion is being brewed by Durbin for Eb community. Atleast with Mccain we might have 4 more years of same in which case there might be some hope for both eb2 and eb3.
I don't think there will be any surprises for the next 9 months as India and China have very limited quota per year. Besides the overflow that happens during the last quarter, I guess it is going to be a snail crawl for EB2.
EB3 India - well, can hibernate for the next 3-4 years.
I don't think there will be any surprises for the next 9 months as India and China have very limited quota per year. Besides the overflow that happens during the last quarter, I guess it is going to be a snail crawl for EB2.
EB3 India - well, can hibernate for the next 3-4 years.
swethanjit
07-12 11:29 AM
Hello All,
I am currently on OPT which is valid till July 2009. Also, my H1-B is approved through a company X starting oct 2008. Currently I got a job with company Y on my OPT. Can I continue to work on my OPT with company Y till July 2009? OR Do I need to transfer my H1B to company Y from company X to be able to continue to work after Oct 2008? If so, do I need any paystubs from company X. What can be the start date on the offer letter from company X.
Please help. Your guidance is truly appreciated.
Regards
Swetha.
I am currently on OPT which is valid till July 2009. Also, my H1-B is approved through a company X starting oct 2008. Currently I got a job with company Y on my OPT. Can I continue to work on my OPT with company Y till July 2009? OR Do I need to transfer my H1B to company Y from company X to be able to continue to work after Oct 2008? If so, do I need any paystubs from company X. What can be the start date on the offer letter from company X.
Please help. Your guidance is truly appreciated.
Regards
Swetha.
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