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tcsonly
07-19 03:49 PM
^^^^.
bumping up.
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srthegr8
08-07 12:30 PM
Hi ,
I want to change my wife's H1 to H4.
She got her first approval in oct 2006 and was working as fulltime. after that she coverted to H4 when we visited india. her H4 is valid through oct'09. then we file for her new H1 from company B in march 09 (COS) and she got approval but due to bad market condition she never got project and her consulting company never paid her so she doesn't have any paystubs. My company file for my H1B extension and I got approval.
Now I want to change my wife's status back to h4. I had in impression that she never worked on new H1 so her H1 will not be activated. but I came across some posts and learn that it is automatically activated the day she got her H1B approval.
Now please suggest me what would be the safest way to convert her back on H4 ?
1)File form I-539 without her paystubs using my new 797 document? is there chances of RFE without paystubs? and what could be the next step if RFE comes? can we go to home country and get it done or it will make more complications? and VO will ask more questions because of RFE?
2) go out of county and come back again on existing stammped h4 (I am hoping that will convert her status back to H4)? and then file for I-539 for H4 extension using my new Approval notice? she has canadian PR as well. should she visit canada or india? somehow her I94 on passport has expired in Feb'09 but she has valid I94 on her H1 pitition. should she give her new I94 when going out of country? if she visits canada will they issue her new I94 if she returns back within 30 days?
3) should she go outside country and apply for new H4 using my new approved 797 ?
Please help me ASAP. I am really confused what should I do!!!
I want to change my wife's H1 to H4.
She got her first approval in oct 2006 and was working as fulltime. after that she coverted to H4 when we visited india. her H4 is valid through oct'09. then we file for her new H1 from company B in march 09 (COS) and she got approval but due to bad market condition she never got project and her consulting company never paid her so she doesn't have any paystubs. My company file for my H1B extension and I got approval.
Now I want to change my wife's status back to h4. I had in impression that she never worked on new H1 so her H1 will not be activated. but I came across some posts and learn that it is automatically activated the day she got her H1B approval.
Now please suggest me what would be the safest way to convert her back on H4 ?
1)File form I-539 without her paystubs using my new 797 document? is there chances of RFE without paystubs? and what could be the next step if RFE comes? can we go to home country and get it done or it will make more complications? and VO will ask more questions because of RFE?
2) go out of county and come back again on existing stammped h4 (I am hoping that will convert her status back to H4)? and then file for I-539 for H4 extension using my new Approval notice? she has canadian PR as well. should she visit canada or india? somehow her I94 on passport has expired in Feb'09 but she has valid I94 on her H1 pitition. should she give her new I94 when going out of country? if she visits canada will they issue her new I94 if she returns back within 30 days?
3) should she go outside country and apply for new H4 using my new approved 797 ?
Please help me ASAP. I am really confused what should I do!!!
dickens
09-10 08:54 AM
Hello,
Here is my situation - I have filed my I140 and I485 through company A and still waiting on a receipt number for the I485 (filed on July 2007). I have gotten a new job offer with company B. My questions -
1) If I were to transfer my H1B to company B, what would happen to the GC process that I initiated with company A?
2) Also, is it possible to revoke the GC application? If yes, are the filing fees refunded?
Thanks for any advise.
Here is my situation - I have filed my I140 and I485 through company A and still waiting on a receipt number for the I485 (filed on July 2007). I have gotten a new job offer with company B. My questions -
1) If I were to transfer my H1B to company B, what would happen to the GC process that I initiated with company A?
2) Also, is it possible to revoke the GC application? If yes, are the filing fees refunded?
Thanks for any advise.
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siddhu98
08-02 09:02 PM
EB2 India - PD 1st June 2006
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roseball
10-27 08:43 PM
Sure, you can apply for a new H1 petition with another employer..But do make sure to include the copy of H1 receipt from your pending H1 with a letter quoting you being in status based on the pending H1 petition...If you don't, there are chance that you might get the H1 approved without an I-94 attached as your current I-94 has already expired. In this case, you will have to leave the country, get the H1 stamped and re-enter US before being able to start work with the new employer...Btw, there is nothing like transfering a H1, thats just the term commonly used...Each petition is independent..
I would also make sure to address the issues from the current RFE so that another RFE is not received for the new petition.
Hi,
My H1 and I-94 and My Wife's H4 and I94 expired on Sep 30th 2008 and applied for extension on July 7th 2008 with Company A. But Company A received an RFE on H1 extension,
At this movement I have a good offer from company B , can I transfer H1 using Receipt of H1 extension?
I appreciate your input
Thanks
Rav
I would also make sure to address the issues from the current RFE so that another RFE is not received for the new petition.
Hi,
My H1 and I-94 and My Wife's H4 and I94 expired on Sep 30th 2008 and applied for extension on July 7th 2008 with Company A. But Company A received an RFE on H1 extension,
At this movement I have a good offer from company B , can I transfer H1 using Receipt of H1 extension?
I appreciate your input
Thanks
Rav
eb3retro
07-13 10:34 PM
this is an attorney question. also this forum is for employment based green card issues. please check with ur attorney.
Can you please help me figure out how to calculate the eligibility for citizenship. If one married a US citizen. Obtained conditional residency, the temporary green card, then forgot to apply to remove conditions. So re-applied for green card, and was granted. The parties have been married 5 years. Will the initial 2 years spent as a conditional resident count towards the 3 years for the citizenship? Again, I want to stress out that after the initial 2 years in conditional permanent residency, forgot to remove conditions, and a new application for green card was needed. However this time the permanent green card was given. Or will she have to wait another 3 years from now on with the permanent green card until applying for the citizenship?
I appreciate any help.
Can you please help me figure out how to calculate the eligibility for citizenship. If one married a US citizen. Obtained conditional residency, the temporary green card, then forgot to apply to remove conditions. So re-applied for green card, and was granted. The parties have been married 5 years. Will the initial 2 years spent as a conditional resident count towards the 3 years for the citizenship? Again, I want to stress out that after the initial 2 years in conditional permanent residency, forgot to remove conditions, and a new application for green card was needed. However this time the permanent green card was given. Or will she have to wait another 3 years from now on with the permanent green card until applying for the citizenship?
I appreciate any help.
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guyfromsg
04-29 11:42 AM
I was in a similar situation. I emailed to this address info@phi.dflc.us from my company email. I didn't put anything else ( as per advice in some other forums). Received reply with the case number after a month. Meanwhile I received 45 days letter and so not worried much. As we all know this is a hit and miss. They may reply..but won't hurt to try.
Sub: Case status
Company Name:
First name:
Last name:
Sub: Case status
Company Name:
First name:
Last name:
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yganreddy
08-31 12:50 PM
USCIS updates the status with this generic message when they receive response to the RFE. Regarding the interview, I think its random and there is no specific criteria for USCIS.
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forgerator
09-04 10:37 PM
any one?
again.. not sure whether I need to pay just $150 for visa stamping fee, or $300 (myself and spouse).
again.. not sure whether I need to pay just $150 for visa stamping fee, or $300 (myself and spouse).
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spicy_guy
06-28 11:08 PM
Why doesn't he want to do this in the foreground?
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nhfirefighter13
June 10th, 2004, 10:17 PM
I was just looking through a bunch of my old shots and picked out some of my favorites.
Opinions (good or bad) are always welcome. :)
Opinions (good or bad) are always welcome. :)
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immi2006
10-09 02:28 PM
Folks make sure the A number is same in both applications, if they are different USCIS puts it aside and will not process, I found out today while getting my address verified with USCIS IO, they had entered my address wrongly.
WHile checking the IO said it was good that my wife's derivate app under me, and her self 485 App A numbers match. Otherwise, they put it in pending state forever.
WHile checking the IO said it was good that my wife's derivate app under me, and her self 485 App A numbers match. Otherwise, they put it in pending state forever.
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lazycis
04-02 04:55 PM
I have a question. Our files are stuck in the Chicago local office (after our interview last year) and the only thing pending is the Namecheck, which has been pending for more than 180 days. Our PD is current. Is anyone in the same position?
It is frustrating because you do not get any LUDs when your files are in the local office and I have no indication whether the Chicago officeis processing cases with NC pending > 180 days. Anyone knows?
You should send a letter to local office and demand adjudication. Attach Feb 4th memo.
It is frustrating because you do not get any LUDs when your files are in the local office and I have no indication whether the Chicago officeis processing cases with NC pending > 180 days. Anyone knows?
You should send a letter to local office and demand adjudication. Attach Feb 4th memo.
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nosightofgc
09-30 03:04 PM
For my spouse's EAD Application, we are seeing continuous LUDs but no message change. Messages till says "case recived and prending". Where as for my EAD application it says "card production ordered".
What it could be? When do we need to contact USCIS on my spouse's EAD since it still says case received and pending?
What it could be? When do we need to contact USCIS on my spouse's EAD since it still says case received and pending?
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s_r_e_e
11-12 02:39 PM
H4 Stamping Documents for interview
Passport
Fee recipt
DS 156 and 157
Photo
H4 approval
Primary's H1 Approval
Letters from Primary's Employer
(secondary docs)
Primary's passport copy
Pay stubs
Tax returns
Last I94 copy
Marriage Ceritficate
Photo Album
Copy of 485 receipt
Passport
Fee recipt
DS 156 and 157
Photo
H4 approval
Primary's H1 Approval
Letters from Primary's Employer
(secondary docs)
Primary's passport copy
Pay stubs
Tax returns
Last I94 copy
Marriage Ceritficate
Photo Album
Copy of 485 receipt
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rajkumar_engg
03-12 02:27 PM
Hi,
My company applied for my H1B extn and after 3 months the status got changed to RFE... when the company lawyers recieved the letter, they reviewed it and emailed me the text below....
"Our office just received the Request for Additional Evidence from CIS by mail. What they requested in the letter is not applicable to your case and we believe CIS issued this RFE by mistake. We will respond to CIS to clarify this issue and will keep you informed if there is any update."
I have requested my company lawyers on the specifics...
Is it even possible to get an RFE by mistake? - (may be - yes)
have you seen any such instances?
Thanks,
Raj
My company applied for my H1B extn and after 3 months the status got changed to RFE... when the company lawyers recieved the letter, they reviewed it and emailed me the text below....
"Our office just received the Request for Additional Evidence from CIS by mail. What they requested in the letter is not applicable to your case and we believe CIS issued this RFE by mistake. We will respond to CIS to clarify this issue and will keep you informed if there is any update."
I have requested my company lawyers on the specifics...
Is it even possible to get an RFE by mistake? - (may be - yes)
have you seen any such instances?
Thanks,
Raj
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pasa0202
12-10 03:31 PM
Hello Attorney,
Is my perm valid if I am out the US without H1 B status? OR
Can I get H1B extension if my perm & I 140 get approved when I am out of the US without H1B status?
Here is my situation:
-My I140/I485 got denied -- in Aug 2009
-I got 9th H1B extension which is valid till Apr 2010
(As I know after Apr 2010 that I am not eligible to get extensions)
-My present company started filing PERM in Dec 2009 (No chances of getting PERM & I 140 approvals before Apr 2010)
-My company planning to send me out of the US (probably India/Japan) in Apr 2010 to work from there because of my H1B expiration. They want to continue my PERM and I 140 process.
My question to the attorneys:
If my PERM get approved after 6 or 8 months I am eligible for H1B extension even though I am out of the country without H1 B status?
Or
Do I need to wait 1 year to get the new H1B for 3+3 years?
I really appreciate your suggestions.
Is my perm valid if I am out the US without H1 B status? OR
Can I get H1B extension if my perm & I 140 get approved when I am out of the US without H1B status?
Here is my situation:
-My I140/I485 got denied -- in Aug 2009
-I got 9th H1B extension which is valid till Apr 2010
(As I know after Apr 2010 that I am not eligible to get extensions)
-My present company started filing PERM in Dec 2009 (No chances of getting PERM & I 140 approvals before Apr 2010)
-My company planning to send me out of the US (probably India/Japan) in Apr 2010 to work from there because of my H1B expiration. They want to continue my PERM and I 140 process.
My question to the attorneys:
If my PERM get approved after 6 or 8 months I am eligible for H1B extension even though I am out of the country without H1 B status?
Or
Do I need to wait 1 year to get the new H1B for 3+3 years?
I really appreciate your suggestions.
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PHANI_TAVVALA
12-15 02:47 PM
If she is currently on F-1 and if she wants to maintain F-1 when she comes back she will need to go to the embassy and get her F-1 visa. If she enters U.S on old unexpired H4-Visa her F-1 visa becomes invalidated and she won't qualify for OPT/CPT etc.
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pcbadgujar
11-20 09:10 PM
It's ok to join new company as long as the transfer application was delivered to the USCIS. I got the fedex receipt from the new company and I am ok with it.
pappu
02-09 11:42 PM
Can the core group let us know what are they targeting right now? Are they targeting CIR next month? The lack of direction will really lead to less contribution. Without that,I will have a hard time convincing other friends about IV.
Have the core members given up and decreased their activity?
Core group is working hard and is commited despite lack of full support and nagative comments they get on this site or other sites. Work will go on no matter what.
Pls join your state chapter to know what we are doing and speak with us directly and get direction. You will also get updates.
In your CA state chapter there was a conference call tonight and I was invited. I joined in and only the organizer and myself were there. There was nobody else there. We both spoke for one hour and I gave update to that member because I felt that I should value a commited member who is willing to make an effort and will be willing to do the work even if it means doing it alone without help from fellow members. We request members to help themselves by helping us and we can all togeher achieve our aims.
Have the core members given up and decreased their activity?
Core group is working hard and is commited despite lack of full support and nagative comments they get on this site or other sites. Work will go on no matter what.
Pls join your state chapter to know what we are doing and speak with us directly and get direction. You will also get updates.
In your CA state chapter there was a conference call tonight and I was invited. I joined in and only the organizer and myself were there. There was nobody else there. We both spoke for one hour and I gave update to that member because I felt that I should value a commited member who is willing to make an effort and will be willing to do the work even if it means doing it alone without help from fellow members. We request members to help themselves by helping us and we can all togeher achieve our aims.
prv_1979
04-19 11:31 AM
Hi guys,
My I140 was approved last week (RD July 2007). I have the approval notice copy from the lawyer but the online status is still saying its pending.
I called uscis and she told me that she is seeing that its pending too but if i have the approval notice then not to worry. It takes them some time sometimes to update the system, as per her.
But my concern is, when my PD becomes current and if their own system shows my I140 penidng(eventhough it's approved), how will they approve 485?
Any one in same boat or any past experience?
Thanks and good luck to all who are waiting.
My I140 was approved last week (RD July 2007). I have the approval notice copy from the lawyer but the online status is still saying its pending.
I called uscis and she told me that she is seeing that its pending too but if i have the approval notice then not to worry. It takes them some time sometimes to update the system, as per her.
But my concern is, when my PD becomes current and if their own system shows my I140 penidng(eventhough it's approved), how will they approve 485?
Any one in same boat or any past experience?
Thanks and good luck to all who are waiting.
