roseball
05-04 02:19 PM
I was on H1B, recently got laid off (last week of February, 2009) --Since my wife is on H1B also, I changed my status to H4, which got approved a week back (3rd wk of April, 2009)...Now I've gotten to a point where I will soon be getting an offer from a company..
Can I start working, once they file for H4 to H1B transfer? or Does it have to be approved in order for me to start working?
It has to be approved before you can start to work. You can go with premium processing so its approved within a couple of weeks.
Can I start working, once they file for H4 to H1B transfer? or Does it have to be approved in order for me to start working?
It has to be approved before you can start to work. You can go with premium processing so its approved within a couple of weeks.
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hariswaminathan
01-21 07:15 PM
If your husband is on H1-B he should NOT have an expired I-94 as this would mean he is out of status. I presume you have extended his H1-B (I797 approval) which would have your new I-94 attached to it.
beyond this - i concur with others that i recently did go to India on vacation with family on AP and there is no longer a requirement that visit outside while I-485 requires a valid reason. This clause was for an old situation when all categories were current and people got their GCs within months of filing I-485 and they didnt like you travelling during this short period. With GCs now taking years for approval they cannot ask you to remain in this country indefinitely without travel.
that being said - I have heard of horror stories from people arriving at certain ports of entry (SFO If im not mistaken) where the uninformed IO has questioned them on their reason for leaving and threatening to take action because "vacation" is not considered as valid emergency travel. I would therefore prepare some kind of answer incase you come across one of these buffoons.
Can soneone help me with this question.....please....
My husband is on H1B and I'm on Ead.....both of us have expired I-94 stamps.....we are planing to go to our home country this year...we want to apply for advance parole......my question is.....can we enter U.S both of us with AD?
I read on Uscis website that you need to have personal reason in order to go to your country while I-485 is pending....and you have to prove your personal reason.....is that true....we want only to visit our parents.
Thanks in advance!
beyond this - i concur with others that i recently did go to India on vacation with family on AP and there is no longer a requirement that visit outside while I-485 requires a valid reason. This clause was for an old situation when all categories were current and people got their GCs within months of filing I-485 and they didnt like you travelling during this short period. With GCs now taking years for approval they cannot ask you to remain in this country indefinitely without travel.
that being said - I have heard of horror stories from people arriving at certain ports of entry (SFO If im not mistaken) where the uninformed IO has questioned them on their reason for leaving and threatening to take action because "vacation" is not considered as valid emergency travel. I would therefore prepare some kind of answer incase you come across one of these buffoons.
Can soneone help me with this question.....please....
My husband is on H1B and I'm on Ead.....both of us have expired I-94 stamps.....we are planing to go to our home country this year...we want to apply for advance parole......my question is.....can we enter U.S both of us with AD?
I read on Uscis website that you need to have personal reason in order to go to your country while I-485 is pending....and you have to prove your personal reason.....is that true....we want only to visit our parents.
Thanks in advance!
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vinay076
10-31 10:27 AM
Its been more than 90 days for me and I don't have even a receipt no.Lawyer says that things have been delayed. Can it be delayed so much that I don't have even receipt no ? :confused:
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h1bmajdoor
07-08 10:14 PM
India govt will not involve in USA internal matters.Idea was floated long back by few members and core team responded to it.
this is BS.
The interests of indian citizens resident in the USA (all decent taxpayers) are not being taken care of by the US political system. There is a clear pattern of exploitation by employers and neglect by CIS, FBI and others.
In this situation, the interests of Indian citizens should be taken up by the Indian parliament. If they want to shy away from their duty, it should be taken up by the UN.
this is BS.
The interests of indian citizens resident in the USA (all decent taxpayers) are not being taken care of by the US political system. There is a clear pattern of exploitation by employers and neglect by CIS, FBI and others.
In this situation, the interests of Indian citizens should be taken up by the Indian parliament. If they want to shy away from their duty, it should be taken up by the UN.
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irrational
06-29 10:13 PM
My Wife and I were scheduled to have our fingerprints taken on July 7th and July 9th respectively. Today, we received a letter for my wife and the letter says "Appointment Canceled" "No need to appear at ASC".
The letter does not say if they are going to reschedule OR the reason for cancelling.
I am a July 2007 applicant and this is the first FP appts we have got.
Does anybody have this kind of experience before?
Do you think I should show up at the ASC on the previously scheduled date OR just wait for a new letter and date.
My case is in TSC.
Any comment is appreciated.
Thanks.
Bipin :mad:
The letter does not say if they are going to reschedule OR the reason for cancelling.
I am a July 2007 applicant and this is the first FP appts we have got.
Does anybody have this kind of experience before?
Do you think I should show up at the ASC on the previously scheduled date OR just wait for a new letter and date.
My case is in TSC.
Any comment is appreciated.
Thanks.
Bipin :mad:
nav_kri
02-23 08:16 PM
I've always been able to negotiate pay details for a job offer without actually disclosing my current pay. I let the recruiter come up with a number based on the role and living area and then provide feedback based on whether I was expecting higher number or was ok to proceed with the offer.
As others have mentioned the market is not good or even ok. Can you believe more than half million jobs were cut in just Jan 2009 alone?
So please do consider the pros and cons. My company did announce layoff recently and someone I know dearly lost their job. I managed to survive this round but would have gladly taken a pay cut if it meant ppl wouldnt lose their job.
As others have mentioned the market is not good or even ok. Can you believe more than half million jobs were cut in just Jan 2009 alone?
So please do consider the pros and cons. My company did announce layoff recently and someone I know dearly lost their job. I managed to survive this round but would have gladly taken a pay cut if it meant ppl wouldnt lose their job.
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mihird
09-26 04:29 PM
Ur missing the point.
The number after the letter, which stands for the classification category is pretty much irrelevant for the purpose of determining the maximum period of stay. You might notice that in many publications USCIS addresses visitors to the US as being in B, H or L status, omitting the #.
As long as your wife maintains her H4 status properly (providing you maintain your H1 status) and as long as she possess necessary travel documents she is free to enter and exit the country.
As far as I understand she will not have any legal problem obtaining an H1 visa after staying out of the country for a year, as long as the visa # is available, she has a job offer etc.
But I do not believe that her H status clock will reset if she leaves the country for a year, then enter in H4 status (which is still a derivative and tied to your principal H status clock). Therefore she will not be able to change her status to that of H1.
Again, it's a pretty complicated matter and you might want to consult an experienced lawyer.
Once you leave the US for 366 days, your H clock is reset. Now, you enter back on a H4, your H clock starts ticking down again..you should be able to do the H4->H1 change of status (once a H visa # is available) and exit and re-enter on a H1 visa and get new time on your H1 of [6 years - minus the time spent on H4]. Again, I am not an attorney, I am just saying this from what seems logical to me..
The number after the letter, which stands for the classification category is pretty much irrelevant for the purpose of determining the maximum period of stay. You might notice that in many publications USCIS addresses visitors to the US as being in B, H or L status, omitting the #.
As long as your wife maintains her H4 status properly (providing you maintain your H1 status) and as long as she possess necessary travel documents she is free to enter and exit the country.
As far as I understand she will not have any legal problem obtaining an H1 visa after staying out of the country for a year, as long as the visa # is available, she has a job offer etc.
But I do not believe that her H status clock will reset if she leaves the country for a year, then enter in H4 status (which is still a derivative and tied to your principal H status clock). Therefore she will not be able to change her status to that of H1.
Again, it's a pretty complicated matter and you might want to consult an experienced lawyer.
Once you leave the US for 366 days, your H clock is reset. Now, you enter back on a H4, your H clock starts ticking down again..you should be able to do the H4->H1 change of status (once a H visa # is available) and exit and re-enter on a H1 visa and get new time on your H1 of [6 years - minus the time spent on H4]. Again, I am not an attorney, I am just saying this from what seems logical to me..
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GEEVER
January 31st, 2008, 02:36 PM
well thanks i'm thinking now that it's a good idea that buying an old one thing...i think i'll do it
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GKBest
08-23 11:23 AM
This has been bugging me for a while now. I applied for I-485 in July 2007.
I do not have copies of all H1 approval notices ever issued. I do not have all of my I-94s ever issued.
Per attorney's recommendation, I applied for duplicate copies of I-797 but that will take a few months.
I am wondering what I can do if USCIS asks for all I-797s and I-94s since first ever entry to prove that I have always been in the US legally.
Any thoughts.
Don't want to waste anyone's time. If anyone has been in this situation or knows of anyone that was in a situation like this..that would help.
I want to be proactive and get other documents ready if that is what it'll take.
USCIS should have all the records in their system. I guess that are refrained from asking RFEs if they can find it in their system or cross check it with other agencies.
I do not have copies of all H1 approval notices ever issued. I do not have all of my I-94s ever issued.
Per attorney's recommendation, I applied for duplicate copies of I-797 but that will take a few months.
I am wondering what I can do if USCIS asks for all I-797s and I-94s since first ever entry to prove that I have always been in the US legally.
Any thoughts.
Don't want to waste anyone's time. If anyone has been in this situation or knows of anyone that was in a situation like this..that would help.
I want to be proactive and get other documents ready if that is what it'll take.
USCIS should have all the records in their system. I guess that are refrained from asking RFEs if they can find it in their system or cross check it with other agencies.
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kalyan
07-07 05:10 AM
U r lucky that you have the EAD.
My H1B transfer was denied with I-140 approved . worked for more than 6 years in US. I moved back to India and started working here
Washington and DOS wants Legal immigrants out ( they cannot and could'nt do any thing to illegals-- ) and wants companies to hire people graduating from the university of Mc Donalds, Burger King, KFC and those zeroes needs to be trained and trained
US business'es has to serious think about this otherwise, their counter parts elsewhere in the world will be more competitive
My H1B transfer was denied with I-140 approved . worked for more than 6 years in US. I moved back to India and started working here
Washington and DOS wants Legal immigrants out ( they cannot and could'nt do any thing to illegals-- ) and wants companies to hire people graduating from the university of Mc Donalds, Burger King, KFC and those zeroes needs to be trained and trained
US business'es has to serious think about this otherwise, their counter parts elsewhere in the world will be more competitive
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locomotive36
11-15 09:44 AM
With only 3 days to go for voting, lets do our best to ensure that Narayanan Krishnan wins.
Please take a minute to vote and vote many times as possible. Please share with family and friends!
Thankyou and God Bless!
Please take a minute to vote and vote many times as possible. Please share with family and friends!
Thankyou and God Bless!
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badluck
07-09 10:20 AM
This website is for immigration issues only. Please dont hate me now.
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english_august
06-08 07:58 AM
For Postmortem, I think we should focus on one thing, how did that number 90,000 for reducing backlong of EB visas got into the bill in the first place? For illegal workers they did it by percentage to eliminate the backlog in 5 years. Why wasn't something similar done for EB visas?
I am going to devote a considerable amount of effort in trying to figure that out so that when a similar bill comes around the next time, we know what's going on.
On another note, I was surprised that how little support we got from the Indian-American community (if I am wrong in assuming this, then correct me)! Bill Gates supported our cause, Intel supported our cause, Google supported our cause; but the huge number of Indian-American tech entrepreanuers in the US? Organizations like TIE? I am not sure if the IV core team tried to solicit any help from them or not but I thought their support was deafening.
I am going to devote a considerable amount of effort in trying to figure that out so that when a similar bill comes around the next time, we know what's going on.
On another note, I was surprised that how little support we got from the Indian-American community (if I am wrong in assuming this, then correct me)! Bill Gates supported our cause, Intel supported our cause, Google supported our cause; but the huge number of Indian-American tech entrepreanuers in the US? Organizations like TIE? I am not sure if the IV core team tried to solicit any help from them or not but I thought their support was deafening.
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bobzibub
04-29 09:03 AM
Can you please explain why it is utter nonsense? I think you have very strong reasons for saying so. Would like to hear from you.
Thanks!
The original quote: puts the priorities of illegals above those of Citizens and legal people
There is no allowance for "illegals" in the legal system. They are basically tarring roofs and picking crops with no government protection for their safety etc. The crap jobs are always the worst for this sort of thing. And since they are "exploitable" it is essentially a subsidy for business to hire them.
Is there *any* case where an "illegal" has superior rights to a Citizen? I don't think so. The statement is nonsense.
Thanks!
The original quote: puts the priorities of illegals above those of Citizens and legal people
There is no allowance for "illegals" in the legal system. They are basically tarring roofs and picking crops with no government protection for their safety etc. The crap jobs are always the worst for this sort of thing. And since they are "exploitable" it is essentially a subsidy for business to hire them.
Is there *any* case where an "illegal" has superior rights to a Citizen? I don't think so. The statement is nonsense.
more...
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The7zen
01-27 09:36 AM
If this bill was introduced, we need to meet with lawmaker offices and put pressure on them. Our responsibility is to do our part and leave the outcome to prayers, But not even trying should not be an option. What are we going to loose?
Pardon my ignorance, what is in this bill to support EB community ?
Pardon my ignorance, what is in this bill to support EB community ?
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acecupid
06-09 12:30 PM
Our I-485 is pending and we have EAD/AP to enter the US back. We are planning to travel to INDIA end of this year and we can use our AP to return. We also have our H1B/H4 visa approval until 10/2010. The question is:
1. Should we stamp our passport with H1B/H4 visas? If yes, does anyone has information about how to take an appointment from US for Mumbai embassy?
2. Is it recommanded to have passport stamped with H1B/H4 even if we have Advance Parole?
Please help. Thanks a lot.
1. If you are currently in H1 status then my personal opinion is to continue to stay on H1 rather than become a parolee with AP entry. Ofcourse you can avoid a lot of hassles and mental tension with AP, however its good to be on H1 and keep AP as backup for re-entry.
If God forbid your I-485 gets denied for some reason, then you will still be in status based on H1. If you are a parolee at the time of denial, then you go out of status right away. Ofcourse you can file MTR and still get back in status if things work out. But having H1 is the cleanest way to maintain valid status.
You have to take the appointment from VFS website for the mumbai consulate. Keep in mind mumbai consulate process is slightly different compared to the other consulates in India. You have to send the application forms and required documentation 3 days prior to the interview date. You can get more info here : https://www.vfs-usa.co.in/Home.aspx
2.Since you already have AP, there is no harm in getting H1B stamped. If it is denied for some reason you can always come back on AP. Make sure you carry a copy of your I-485 receipt for the interview.
1. Should we stamp our passport with H1B/H4 visas? If yes, does anyone has information about how to take an appointment from US for Mumbai embassy?
2. Is it recommanded to have passport stamped with H1B/H4 even if we have Advance Parole?
Please help. Thanks a lot.
1. If you are currently in H1 status then my personal opinion is to continue to stay on H1 rather than become a parolee with AP entry. Ofcourse you can avoid a lot of hassles and mental tension with AP, however its good to be on H1 and keep AP as backup for re-entry.
If God forbid your I-485 gets denied for some reason, then you will still be in status based on H1. If you are a parolee at the time of denial, then you go out of status right away. Ofcourse you can file MTR and still get back in status if things work out. But having H1 is the cleanest way to maintain valid status.
You have to take the appointment from VFS website for the mumbai consulate. Keep in mind mumbai consulate process is slightly different compared to the other consulates in India. You have to send the application forms and required documentation 3 days prior to the interview date. You can get more info here : https://www.vfs-usa.co.in/Home.aspx
2.Since you already have AP, there is no harm in getting H1B stamped. If it is denied for some reason you can always come back on AP. Make sure you carry a copy of your I-485 receipt for the interview.
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desi3933
01-23 01:18 PM
....
Today I got a RFE requesting proof of authorization to work since my h-1 expired, and realized I couldn't be working when I hired a real lawyer to take care of this case and she informed me so. How to respond my RFE???
....
.....
Please provide following details -
1. H1 (and I-94) validity dates
2. Date of filing for EAD and I-485
3. Date of EAD approval
____________________
Not a legal advice.
US Citizen of Indian Origin
Today I got a RFE requesting proof of authorization to work since my h-1 expired, and realized I couldn't be working when I hired a real lawyer to take care of this case and she informed me so. How to respond my RFE???
....
.....
Please provide following details -
1. H1 (and I-94) validity dates
2. Date of filing for EAD and I-485
3. Date of EAD approval
____________________
Not a legal advice.
US Citizen of Indian Origin
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desi3933
02-11 11:59 AM
Doesn't the H1 takes effect only if you join them. I dont think just getting approval alone change your status.
Otherwise is there any source for this claim
If the approval notice has new I-94 then new status has taken effect. Infact new I-94 will also have H-1B written as well, if the new status is H-1B.
Person has to file for another change of status if he/she wants to go back to old status.
__________________
Not a legal advice.
Otherwise is there any source for this claim
If the approval notice has new I-94 then new status has taken effect. Infact new I-94 will also have H-1B written as well, if the new status is H-1B.
Person has to file for another change of status if he/she wants to go back to old status.
__________________
Not a legal advice.
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mrdelhiite
07-11 03:34 PM
^^^^^bump^^^^
grupak
03-01 10:20 AM
Time to send in the monthly contributions.
I just mailed mine online.
I just mailed mine online.
Saralayar
06-02 12:25 PM
I too got RFE on my I-485 but its about Birth Certificate requesting non availability and my 10th and 10+2 mark list. Got the same RFE to my spouse too.
I am with the same employer.
Have they asked for 10th and Highschool certificates?. This is the first time I am hearing on a RFE.
I am with the same employer.
Have they asked for 10th and Highschool certificates?. This is the first time I am hearing on a RFE.
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