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kaisersose
09-17 12:17 PM
Same situation here. As per my lawyer (good lawyer can be trusted but could be ill informed) If my wife doesn't join the employer there is no status change. No need to file any reinstatement from H4 to H1. And I have reconfirmed this a couple of times now.
If you hear anything different from a legit source please do let me know.
Other relevant details in my case is that my wife's ead/ap application was filed on 2nd July. and She is under Adjustment of Status (485) as a derivative. On a second thought, I am not sure if this is the same case as yours.
I am pretty sure your lawyer is wrong. Many lawyers assume the same rule of H-1 to H-1 transfer applies everywhere which is not the case. A change of status is not the same as H-1 to H-1.
A H-4 to H-1 will take effect on October 1st. The surest way to not let this happen is if she has a valid H-4 visa stamp. She can get out of the country on Sep 30 and return back on Oct 02 as H-4.
The other alternative is to apply for a H-1 to H-4 status change and wait it out. This status change is not effective until approval which can take a while. Meanwhile she will be on H-1 without pay which is not good.
There may be a third choice where the employer cancels the H-1b as she does not intend to join. Then she is in 485 status from October 1st and can apply for a h-4 extension. But this option has to be confirmed by a $450-for-15-mins attorney. If this works, this is the simplest and cheapest option (minus the attorney fee)
If you hear anything different from a legit source please do let me know.
Other relevant details in my case is that my wife's ead/ap application was filed on 2nd July. and She is under Adjustment of Status (485) as a derivative. On a second thought, I am not sure if this is the same case as yours.
I am pretty sure your lawyer is wrong. Many lawyers assume the same rule of H-1 to H-1 transfer applies everywhere which is not the case. A change of status is not the same as H-1 to H-1.
A H-4 to H-1 will take effect on October 1st. The surest way to not let this happen is if she has a valid H-4 visa stamp. She can get out of the country on Sep 30 and return back on Oct 02 as H-4.
The other alternative is to apply for a H-1 to H-4 status change and wait it out. This status change is not effective until approval which can take a while. Meanwhile she will be on H-1 without pay which is not good.
There may be a third choice where the employer cancels the H-1b as she does not intend to join. Then she is in 485 status from October 1st and can apply for a h-4 extension. But this option has to be confirmed by a $450-for-15-mins attorney. If this works, this is the simplest and cheapest option (minus the attorney fee)
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acecupid
06-12 04:27 PM
Currently there is lot of political pressure on the administration from hispanic groups to take up immigration reform issue. So postponing the meeting is only going to make these groups more impatient. This news should get more media attention. I hope the push for immigration reform does not subside with this delay in meeting.
whiteStallion
04-10 12:25 AM
All the best pal....welcome to the club !:rolleyes:
We had applied in Jan 09 to withdraw my PERM and it was updated this month. Just wanted to share this information with everyone.
We had applied in Jan 09 to withdraw my PERM and it was updated this month. Just wanted to share this information with everyone.
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logiclife
05-14 04:37 PM
Guys,
The timing of this visa bulletin is suspicious. Right at the nick of time, when the senate is discussing increasing EB quotas, this news comes in. Plus they are saying that there will be forward movement, in the EB cut-off dates in the coming months to rhyme with the current negotatitions in Congress on CIR/ SKIL.
IV should not step behind in their legislation efforts. Even, if visa bulletin dates are current today, they might retrogress later, when the I-485 application starts to process (Current I-485 processing time shows applications processing as of Sept. 10, 2006, which is 8 months before). No one knows, if eight months from now, the cut-off dates will retrogress further or advance, due to the BEC closing out in Sept. 2007 and PERM applications processed from March 2005 onwards.
No one is scaling back. I dont really think there is any conspiracy to this and I think this is really good news.
However the core group is still committed to getting retrogression issue addressed by congress. In fact, I am right now in DC and I am attending a briefing event tommorow. Aman was here last week thurs and Friday and will be here again next week. We are continuing efforts regardless of this big jump because we know that dates can move in reverse direction as it has in the past. In Oct 2005, EB3 dates took a huge movement backwards into 1998 and such reverse movements can happen again this year in October or in last quarter of fiscal year 2007. So we are taking this with cautious optimism and continuing our work with this.
The timing of this visa bulletin is suspicious. Right at the nick of time, when the senate is discussing increasing EB quotas, this news comes in. Plus they are saying that there will be forward movement, in the EB cut-off dates in the coming months to rhyme with the current negotatitions in Congress on CIR/ SKIL.
IV should not step behind in their legislation efforts. Even, if visa bulletin dates are current today, they might retrogress later, when the I-485 application starts to process (Current I-485 processing time shows applications processing as of Sept. 10, 2006, which is 8 months before). No one knows, if eight months from now, the cut-off dates will retrogress further or advance, due to the BEC closing out in Sept. 2007 and PERM applications processed from March 2005 onwards.
No one is scaling back. I dont really think there is any conspiracy to this and I think this is really good news.
However the core group is still committed to getting retrogression issue addressed by congress. In fact, I am right now in DC and I am attending a briefing event tommorow. Aman was here last week thurs and Friday and will be here again next week. We are continuing efforts regardless of this big jump because we know that dates can move in reverse direction as it has in the past. In Oct 2005, EB3 dates took a huge movement backwards into 1998 and such reverse movements can happen again this year in October or in last quarter of fiscal year 2007. So we are taking this with cautious optimism and continuing our work with this.
more...
willgetgc2005
03-22 07:38 PM
We have prepared a new document for public release analyzing this problem.
You can find it here (http://www.immigrationvoice.org/index.php?option=com_content&task=view&id=70&Itemid=36) and at least for now directly on our home page.
It appears that the community of affected parties does not realize this yet -- please circulate this memo widely -- send it to your own lawyer too.
sent to my attorney. Hope they understand it :--))
You can find it here (http://www.immigrationvoice.org/index.php?option=com_content&task=view&id=70&Itemid=36) and at least for now directly on our home page.
It appears that the community of affected parties does not realize this yet -- please circulate this memo widely -- send it to your own lawyer too.
sent to my attorney. Hope they understand it :--))
smaram1
11-24 08:44 AM
� Confirmation Receipt of E-filing
� Letter with the reason explaining why do I need to travel
� Copy of I-485 receipt
� Copy of I-140 receipt
� Copy of I-94 both front & back
� Copy of EAD
� 2 Passport photos
� Copy of marriage certificate
� Copy of Driver License
� Copy of Passport
� Letter with the reason explaining why do I need to travel
� Copy of I-485 receipt
� Copy of I-140 receipt
� Copy of I-94 both front & back
� Copy of EAD
� 2 Passport photos
� Copy of marriage certificate
� Copy of Driver License
� Copy of Passport
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PIndian
12-04 01:41 PM
FYI..
My package was delivered on 20th August. USCIS accepted it and got all receipt no. Thanks..
My package was delivered on 20th August. USCIS accepted it and got all receipt no. Thanks..
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sanjeev_2004
10-11 05:39 PM
If spouse uses EAD for employment, what I heard is that the H4 status is no more valid.
In this case for any reason, if the 485 is cancelled, spouse will be out of status.
Primary can transfer h1b (if possible) & still be legal, but spouse is illegal to stay any more. There is no legal provision that once on EAD, spouse can switch back to H4. Is this true? I am worried and don't know whats really true.
Gurus Please guide.:confused:
I asked similar question to my attorney regarding my wife. My attorney told me. After she use her EAD my wife will be in status until her I485 is pending. She doesn’t need H4 or any other status if she wants to sit in home after using her EAD once.
I didn’t asked with many ifs and buts but I guess once your wife uses EAD your wife will be in pending valid status until her I-485 is not canceled.
Usage for your EAD and usage of her EAD is totally independent. But if your I485 cancels her I485 will cancel automatically.
In this case for any reason, if the 485 is cancelled, spouse will be out of status.
Primary can transfer h1b (if possible) & still be legal, but spouse is illegal to stay any more. There is no legal provision that once on EAD, spouse can switch back to H4. Is this true? I am worried and don't know whats really true.
Gurus Please guide.:confused:
I asked similar question to my attorney regarding my wife. My attorney told me. After she use her EAD my wife will be in status until her I485 is pending. She doesn’t need H4 or any other status if she wants to sit in home after using her EAD once.
I didn’t asked with many ifs and buts but I guess once your wife uses EAD your wife will be in pending valid status until her I-485 is not canceled.
Usage for your EAD and usage of her EAD is totally independent. But if your I485 cancels her I485 will cancel automatically.
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webm
11-18 06:03 PM
180 days to invoke AC-21 is counted from the day 485 is recieved.Correct ?
Correct...
Correct...
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kris101
07-25 12:11 AM
Dear psaxena,
I am in a similar situation of being laid off. Could you please advice, if you know a way to trf H1B immediate?
Thanks
I am in a similar situation of being laid off. Could you please advice, if you know a way to trf H1B immediate?
Thanks
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Can2004
08-03 10:19 AM
How often is finger printing required/asked for during the 485 process.
Thanks
Thanks
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ItIsNotFunny
11-06 04:57 PM
Glad to see your initiatives. But our focus should be different.
The Economy is in very bad shape. Unemployement is rising. At this moment any bill that ask for GC number increase won't pass. We need to wait for atleast few months.
In the meantime as a temprory releif we should push the "Country quoto elimination bill" that does not increase GC numbers.
Also please take a look at my plan that I presented couple of weeks earlier. It is a compromise bill and I feel it has the best chance to pass during lameduck session. My plan gives at least some releif to people waiting for 7 years or waiting for months with PD current.
Please keep the spirit alive. Thanks.
You are right. I guess GC for House concept may fly. Guys, think over it!
The Economy is in very bad shape. Unemployement is rising. At this moment any bill that ask for GC number increase won't pass. We need to wait for atleast few months.
In the meantime as a temprory releif we should push the "Country quoto elimination bill" that does not increase GC numbers.
Also please take a look at my plan that I presented couple of weeks earlier. It is a compromise bill and I feel it has the best chance to pass during lameduck session. My plan gives at least some releif to people waiting for 7 years or waiting for months with PD current.
Please keep the spirit alive. Thanks.
You are right. I guess GC for House concept may fly. Guys, think over it!
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tb2904
12-21 07:47 PM
1. Fly directly to your home country - No transit visa required and no valid US visa required
2. Fly via any other country - No transit visa required as long as you are not stranded in airport due to delay in first leg of the flight. Also, to board a plane to Europe you have to have a valid US visa. Please read my above post for the past expereinces.
2. Fly via any other country - No transit visa required as long as you are not stranded in airport due to delay in first leg of the flight. Also, to board a plane to Europe you have to have a valid US visa. Please read my above post for the past expereinces.
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FredG
March 3rd, 2004, 05:39 PM
I like the composition just the way it is.
Fred
Fred
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rock581
07-18 05:32 AM
Thank you all for replying.
Well I will surely consult the attorney but they will be too busy now to answer some trivial questions. My attorney doesn't respond soon enough and I might have to take some decisions soon in the next couple of days.
My spouse got his visa stamped. So he is all ready. I was thinking if my spouse could come on Aug 10th get the formalities done and leave for Canada on Aug 14th and come back after cumulative 365 +4 days are over on Aug 22nd then shouldn't it work? I am guessing he should be eligible to get his H1 next year .
Well I will surely consult the attorney but they will be too busy now to answer some trivial questions. My attorney doesn't respond soon enough and I might have to take some decisions soon in the next couple of days.
My spouse got his visa stamped. So he is all ready. I was thinking if my spouse could come on Aug 10th get the formalities done and leave for Canada on Aug 14th and come back after cumulative 365 +4 days are over on Aug 22nd then shouldn't it work? I am guessing he should be eligible to get his H1 next year .
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omved
08-15 01:54 PM
Bump.....
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Ramba
10-24 11:49 AM
Ok Guru's I am in an awkward situation. My GC got approved some time in Aug 2008. But before the approval of my GC my wife in india applied for H4 visa based on my H1b. The consulate approved her H4 and stamped it on her passport last month. Even though I am on GC now. i have files I-824 for her Follow to Join.
Now the question I have is.
1- Can she travel to US on that H4 (the visa stamp is valid till 2010)?
2- If the CBP agents at the aiport let her in the country can I file for her I-485 and have her wait here on AOS?
Let me know what you guys think. On mountain crossed and still more hills keep coming.
Talk to lawyer. My feeling is that if she had H4 status before leaving US and just got a renewal, she can come on H4 visa though your GC is approved when renewal is pending. However she should have applied the renewal before your GC is approved. Also, filing 485 may not cause any issue.
Now the question I have is.
1- Can she travel to US on that H4 (the visa stamp is valid till 2010)?
2- If the CBP agents at the aiport let her in the country can I file for her I-485 and have her wait here on AOS?
Let me know what you guys think. On mountain crossed and still more hills keep coming.
Talk to lawyer. My feeling is that if she had H4 status before leaving US and just got a renewal, she can come on H4 visa though your GC is approved when renewal is pending. However she should have applied the renewal before your GC is approved. Also, filing 485 may not cause any issue.
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yabadaba
06-23 07:29 AM
dont forget july 4th is a holiday..so when they come back on the 5th they will have applications touching the roof.
but from what i am hearing a lot of people are waiting for august bulletin and will apply on july 31st with the higher fees to avail the free ead/ap.
but from what i am hearing a lot of people are waiting for august bulletin and will apply on july 31st with the higher fees to avail the free ead/ap.
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sidd_k2002
02-10 08:16 PM
Guys i need some more information than this, and this is really urgent.Please share your views about this. I am really worried.
Iamthejuggler
02-09 04:09 AM
Holy crap that was close. Congrats folks. I'm pleased as punch!
lskreddy
10-10 02:03 PM
Paranoia at its helm. There are things that protect you like AC-21 when you don't have a GC. You have a GC, move on to the client job..
The only concern is if you had a contract signed with your consulting firm that you would not join your client for x number of years yada yada, so check your contract, if nothing is in there, you should be fine..
The only concern is if you had a contract signed with your consulting firm that you would not join your client for x number of years yada yada, so check your contract, if nothing is in there, you should be fine..
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