katrina
01-04 02:52 PM
Hi,
I have a serious problem and I am not sure what would be the solution. My wife came on H4 in 2001 and we applied for H1B and we got an approval which was valid until Oct 2006. But, in Mar 2006, due to some personal reasons we applied for COS from H1B to H4 and we got H4 approval which was valid until Aug 27, 2006. Before the expiry of H4 status in August 2006, we decided to apply for H1B and since her H1B was valid until Oct 2006, our attorney applied for H1B under I-539 and they didn't apply for H4 extension simultaneously. Meanwhile, while the H1B was in process, we applied for premium processing later which added few problems. We got an RFE on this case and our attorney answered it by sending appropriate docs but again we got a second RFE which is not answered yet.
Right now she is out of status and also, what will happen if her H1 is rejected and is it possible to apply for H4 right now, since it was expired in Aug 2006. If her H1 is rejected, can we apply for H4 even though her H4 was expired few months back or she has leave the country. Please help us out.
Thanks & Regards,
-- Venkat
I-539 is the request to extend or change the immigrant status,
I don't think your wife can extend her H1b status after she change it to H4 by filled the I-539 from. The only exention in I-539 form is extension to stay.
I'm not a lawyer but as far as my experience, In order for a person who previously has H1b then has H4 get back to their H1b again, they have to reapply for a new H1b visa (the process kind a similar like transfer H1b since it will not count toward the caps).
My sugestion right now is consult with another lawyer and see what they suggest. If you have the ins receipt for the extension (from I-539), see what stated in it. Hold on to that receipt.
you can't rely of people opinion regarding your case, when you have trouble and if you have a good lawyer they should represent you and assure you that they did the right thing. If you're not sure about your lawyer ask another lawyer, keep looking for a lawyer that can give you suggestion and make sense.
Good luck.
I have a serious problem and I am not sure what would be the solution. My wife came on H4 in 2001 and we applied for H1B and we got an approval which was valid until Oct 2006. But, in Mar 2006, due to some personal reasons we applied for COS from H1B to H4 and we got H4 approval which was valid until Aug 27, 2006. Before the expiry of H4 status in August 2006, we decided to apply for H1B and since her H1B was valid until Oct 2006, our attorney applied for H1B under I-539 and they didn't apply for H4 extension simultaneously. Meanwhile, while the H1B was in process, we applied for premium processing later which added few problems. We got an RFE on this case and our attorney answered it by sending appropriate docs but again we got a second RFE which is not answered yet.
Right now she is out of status and also, what will happen if her H1 is rejected and is it possible to apply for H4 right now, since it was expired in Aug 2006. If her H1 is rejected, can we apply for H4 even though her H4 was expired few months back or she has leave the country. Please help us out.
Thanks & Regards,
-- Venkat
I-539 is the request to extend or change the immigrant status,
I don't think your wife can extend her H1b status after she change it to H4 by filled the I-539 from. The only exention in I-539 form is extension to stay.
I'm not a lawyer but as far as my experience, In order for a person who previously has H1b then has H4 get back to their H1b again, they have to reapply for a new H1b visa (the process kind a similar like transfer H1b since it will not count toward the caps).
My sugestion right now is consult with another lawyer and see what they suggest. If you have the ins receipt for the extension (from I-539), see what stated in it. Hold on to that receipt.
you can't rely of people opinion regarding your case, when you have trouble and if you have a good lawyer they should represent you and assure you that they did the right thing. If you're not sure about your lawyer ask another lawyer, keep looking for a lawyer that can give you suggestion and make sense.
Good luck.
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gceverywhere
06-10 08:00 PM
1000+ views in 8 hours but only 2 more people have called all representatives during the entire day today.
Seriously, what will it take for the rest of you to call?
Some of you don't like the title of the thread. I understand your concerns but I don't know how else to wake people up. Guys, I'm risking going from a 'green status' to 'red status' here on IV by continuing to push this thread but if that will make a few people call the representatives then I'm willing to pay the price.
Seriously, what will it take for the rest of you to call?
Some of you don't like the title of the thread. I understand your concerns but I don't know how else to wake people up. Guys, I'm risking going from a 'green status' to 'red status' here on IV by continuing to push this thread but if that will make a few people call the representatives then I'm willing to pay the price.
MerciesOfInjustices
03-25 09:09 AM
TOI is the champion of these kind of nonsense, after S.1932 was passed by the senate they published an article saying 'Good news, A bill for Green card increase, H1B increase ..... have been passed by U.S. lawmakers' with no mention of house hurdle etc. I fail to digest that the reporter who is writing the article doesn't know, after the bills get passed in the Senate they go to Congress. But it's TOI they can do that.
Write to TOI, the article is from a news agency but they should be talking about legal immigration issues more.
Write to TOI, the article is from a news agency but they should be talking about legal immigration issues more.
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Canadianindian
07-09 12:07 PM
I agree 200% with you...
We shld treat this an exception. Let us not be like Americans.
We shld treat this an exception. Let us not be like Americans.
more...
ragz4u
05-31 09:50 AM
My close friend mentioned - recently aged parents of a Cisco Systemss manager came from Madras. They arrived in SFO and were asked to go back, since they had come here a year before and had asked for an extension of visa from 6 months to 1 year, they stayed and then went back. They came back this year to visit and were denied entry at Port of ENtry. His parents were in 75 years range and have vowed not to come back.
I believe their doucmented were in order otherwise. So it is tough to take things for granted.
I'm sure a good lawyer can work on this. Extension is 100% legal and I don't think any USCIS officer can hold one back for that reason!
But in any case, this sux big time. The person whose parents were sent back should stand up and take this issue up rather than meekly give in.
I believe their doucmented were in order otherwise. So it is tough to take things for granted.
I'm sure a good lawyer can work on this. Extension is 100% legal and I don't think any USCIS officer can hold one back for that reason!
But in any case, this sux big time. The person whose parents were sent back should stand up and take this issue up rather than meekly give in.
chanduv23
12-08 05:29 PM
Come on folks - please contribute towards the efforts
more...
sportsguy131
07-31 02:43 PM
My Grandfather applied for my mom in Family Based GreenCard under First Preference category.
He filed -
I-130,
his citizenship forms
He filed -
I-130,
his citizenship forms
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sac-r-ten
06-17 12:15 PM
Tell me the one which you developed and i won't buy it from the apple store. since if DOL/USCIS catches you and apple removes the support for it then i won't be a happy person.
Just kidding.
Go ahead man. live your dream. why bother about trivials like DOL/USCIS.
Just kidding.
Go ahead man. live your dream. why bother about trivials like DOL/USCIS.
more...
Ramba
05-04 05:37 PM
If you are confident that the denial is purly the mistake of USCIS, then contact the Omdusman about this and explain to him that, it is a pure mistake of USCIS and the fee to MTR is not justifyable. Perhaps, Omdusman office will help you.
(I assume that you have submitted all the required documents as per RFE, and those documents meets the eligiblity for your approval)
(I assume that you have submitted all the required documents as per RFE, and those documents meets the eligiblity for your approval)
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LostInGCProcess
11-10 05:05 PM
Hi,
Thanks for the reply and sorry for creating multiple threads.
- First H1B Employer "A"
-----------------------------
Approved: Oct 2006
Stamped: December 2006
Visa stamp valid till : Oct' 2009
H1B transferred to Employer "B" : June 2007
Traveling to India: November ' 2008
On Dec12, 2007, i saw an update on I-797 from Employer "A" even though
I have moved to Employer "B" by that time.
The Status of I-797 for Employer "A" on USCIS website got changed
to "Cable sent to American Consulate or port of entry notifying them of approval.".
My concern is that whether the above status means that first Employer "A" has revoked the H1B visa?
If yes, doesn't that means that I will NOT be able to use that H1B
visa stamping and *new* I-797 from Employer "B" at port of entry?
Thanks again..look forward to your response
You need not worry about your old H1 and also you can use the current visa to enter US as long as it has more then 6 months validity period.
Thanks for the reply and sorry for creating multiple threads.
- First H1B Employer "A"
-----------------------------
Approved: Oct 2006
Stamped: December 2006
Visa stamp valid till : Oct' 2009
H1B transferred to Employer "B" : June 2007
Traveling to India: November ' 2008
On Dec12, 2007, i saw an update on I-797 from Employer "A" even though
I have moved to Employer "B" by that time.
The Status of I-797 for Employer "A" on USCIS website got changed
to "Cable sent to American Consulate or port of entry notifying them of approval.".
My concern is that whether the above status means that first Employer "A" has revoked the H1B visa?
If yes, doesn't that means that I will NOT be able to use that H1B
visa stamping and *new* I-797 from Employer "B" at port of entry?
Thanks again..look forward to your response
You need not worry about your old H1 and also you can use the current visa to enter US as long as it has more then 6 months validity period.
more...
redelite
08-27 03:06 PM
...I feel left out here.. what does SMH stand for?
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H1B-GC
08-14 04:51 PM
A Call from DOL to your Employer is enough to start coughing all the Money he owes you. Make sure you have all the paper Trail as Evidence -Emails,Fax and etc..
more...
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pappu
08-16 12:42 PM
Fact sheet for download
http://immigrationvoice.org/media/forums/iv/WashingtonDC_IV_Rally_w_FactSheet.doc
http://immigrationvoice.org/media/forums/iv/WashingtonDC_IV_Rally_w_FactSheet.doc
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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.
more...
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vin13
01-21 08:41 AM
You can go for any reason. I recently got back using AP. They just verify if your AP is valid and let you in.
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GCard_Dream
09-03 08:14 PM
I think I know which memo you are talking about but I can't access it when I click on it because it is password protected. Is there a way you could just post the content of the memo here for those of us who can't access? It would be helpful.
AILA is collecting information in an effort to work with USCIS to identify adjustment of status applications that may be approvable as of October 1, 2008, when new visa numbers become available. The focus of this effort is those adjustment of status cases, which are approvable under the February 4, 2008, security check memo by Michael Aytes. (See http://www.aila.org/content/default.aspx?docid=24522)
This information is being gathered for liaison purposes only in an attempt to identify and improve processing of cases covered by the February Aytes memo, and though the information will be provided to the USCIS for analysis, neither the AILA-USCIS Liaison Committee nor the USCIS will be contacting the attorney of record or the parties in direct response to information provided.
If your client has an adjustment of status pending over one year and is currently subject to a backlog but was current under the June 2008 Visa Bulletin, we would like to hear from you. Please fill out the following survey.
------------------------------------------
http://aila.org/RecentPosting/RecentPostingList.aspx
AILA is collecting information in an effort to work with USCIS to identify adjustment of status applications that may be approvable as of October 1, 2008, when new visa numbers become available. The focus of this effort is those adjustment of status cases, which are approvable under the February 4, 2008, security check memo by Michael Aytes. (See http://www.aila.org/content/default.aspx?docid=24522)
This information is being gathered for liaison purposes only in an attempt to identify and improve processing of cases covered by the February Aytes memo, and though the information will be provided to the USCIS for analysis, neither the AILA-USCIS Liaison Committee nor the USCIS will be contacting the attorney of record or the parties in direct response to information provided.
If your client has an adjustment of status pending over one year and is currently subject to a backlog but was current under the June 2008 Visa Bulletin, we would like to hear from you. Please fill out the following survey.
------------------------------------------
http://aila.org/RecentPosting/RecentPostingList.aspx
more...
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laksmi
02-08 10:23 AM
How much is the renal fee for EAD any idea is it $340 (like a new application or �..) please let us know.
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msp1976
03-09 05:01 PM
Not sure what you meant by your statement "screwed either way"
Also, please let me know what does EB2 ROW means. Thanks!
Without immigration reform Cannot file I-485 application...Wait for 7/8 years at least.to get green card finally..
ROW is rest of world....All countries except India/China
The EB3 date 'porting' might work....In EB2 your date would get current and you would be fine...
http://travel.state.gov/visa/frvi/bulletin/bulletin_3143.html
Also, please let me know what does EB2 ROW means. Thanks!
Without immigration reform Cannot file I-485 application...Wait for 7/8 years at least.to get green card finally..
ROW is rest of world....All countries except India/China
The EB3 date 'porting' might work....In EB2 your date would get current and you would be fine...
http://travel.state.gov/visa/frvi/bulletin/bulletin_3143.html
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senk1s
05-07 12:42 AM
there is a new medical form / procedure that went into effect May 1 ...but that is only for tests done after that date.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=25cd95fda9a99110VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD
Better to wait for it and see what they are asking for
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=25cd95fda9a99110VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD
Better to wait for it and see what they are asking for
sk.aggarwal
06-17 08:45 AM
I would suggest if you could get the perm process started ASAP. Now a days it is getting approved quite fast, you may be good. You may also want to ask your manager if you could work remotely from outside US for couple of months. As per my understanding, if say you are short of 4 months between your PD and H1 expiry date you can do one of the following
1. Shift to some other status like H4
2. Move out of country for 4 months. Your employer will need to get H1 extension and you new stamping.
But as soon as labor gets approved, you will need to file for I140 and your will be good for 3 more year.
This is just from my understanding. I am in similar boat. Going out of US for 6 weeks starting from July.
1. Shift to some other status like H4
2. Move out of country for 4 months. Your employer will need to get H1 extension and you new stamping.
But as soon as labor gets approved, you will need to file for I140 and your will be good for 3 more year.
This is just from my understanding. I am in similar boat. Going out of US for 6 weeks starting from July.
valatharv
07-26 08:37 AM
Finally we got our 485 approved on July 15, 2010...
Priority date : March 2005
Cat: EB2, NSC
Priority date : March 2005
Cat: EB2, NSC
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