martinvisalaw
09-23 03:34 PM
Is it possible for my employer to file for my H1b, and I can find another lawyer on my own to file for my Wife's H4? I think my employer isn't really willing to file for my wife from his tone....
This is possible, although unusual.
he said he will file it next month, but will petition for my H1b to validate in June next year (when my OPT ends, my H1b will validate the next day). in this case, when can i start the petition for my wife if she is in F1 after i got my H1b 3, 4 months from now(but won't be validated till June next year)?
The employer cannot request a H-1B change of status start date more than 6 months ahead of the filing. Maybe they plan to apply for you as a "notify", meaning the H-1B won't automatically take effect, but will only start when you leave the US and re-enter in H-1B status. That's the only way to get a H-1B to start more than 6 months ahead. If it is a "notify" filing, your wife cannot file anything until you "activate" your H-1B status.
I am filing for her F-2 next month, I seriously doubt by the time i file for her H4, her F-2 will be in the mail. should i wait for the F-2 to be approved then start petition for H4?
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.
This is possible, although unusual.
he said he will file it next month, but will petition for my H1b to validate in June next year (when my OPT ends, my H1b will validate the next day). in this case, when can i start the petition for my wife if she is in F1 after i got my H1b 3, 4 months from now(but won't be validated till June next year)?
The employer cannot request a H-1B change of status start date more than 6 months ahead of the filing. Maybe they plan to apply for you as a "notify", meaning the H-1B won't automatically take effect, but will only start when you leave the US and re-enter in H-1B status. That's the only way to get a H-1B to start more than 6 months ahead. If it is a "notify" filing, your wife cannot file anything until you "activate" your H-1B status.
I am filing for her F-2 next month, I seriously doubt by the time i file for her H4, her F-2 will be in the mail. should i wait for the F-2 to be approved then start petition for H4?
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.
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starving_dog
09-02 02:01 AM
I'm glad to hear that you are well. Have a great Labor Day weekend.
jungalee43
10-06 03:16 PM
I am starting this thread after I experienced that CIS Ombudsman is actively helping EB as well as other immigrant community in getting their problems with USCIS resolved very quickly. We are fortunate to have such a platform to log our problems and get solution.
I am sure many of us have received similar help from the office of CIS Ombudman. Please thank them.
Thanks CIS Ombudsman for all your help.
I am sure many of us have received similar help from the office of CIS Ombudman. Please thank them.
Thanks CIS Ombudsman for all your help.
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h1techSlave
02-28 06:50 PM
Bump
did you intend to say Dumb? ;) ;)
did you intend to say Dumb? ;) ;)
more...
tampacoolie
08-04 09:04 PM
I got a bunch that has photocopies from my lawyer of everything that went out to USCIS. 485, EAD, AP for myself and my wife.
Everything is ok, except that there is an extra copy of G 28 each for myself and my wife and these extra copies are not signed by attorneys.
In the middle of the package, right above the 485 forms, there are G28 forms that are properly signed. Everywhere else there is signatures where needed. But at the bottom of the bunch, there is extra G28 for each one of us that is missing signature from the attorney.
Could this be a problem? Also, where is the URL for USCIS FAQ that states under what conditions that petitions can boomerang back to us?.
Extra missing signature shouldn't be an issue. Only if we miss G28 for one of those forms then we are in trouble.
Everything is ok, except that there is an extra copy of G 28 each for myself and my wife and these extra copies are not signed by attorneys.
In the middle of the package, right above the 485 forms, there are G28 forms that are properly signed. Everywhere else there is signatures where needed. But at the bottom of the bunch, there is extra G28 for each one of us that is missing signature from the attorney.
Could this be a problem? Also, where is the URL for USCIS FAQ that states under what conditions that petitions can boomerang back to us?.
Extra missing signature shouldn't be an issue. Only if we miss G28 for one of those forms then we are in trouble.
nshalady
06-15 12:20 AM
Once you apply for I-485, you are in "adjustment of status" - an intermediate status. No H4 is required. However, you can work only if you have a work visa or EAD. In case of a student, if you have OPT, you are ok to work.
Hi,
After filing I-485/EAD/AP in July, if wife's current student status expires (in Oct) before the EAD card arrives, then what will be her status?
Will we need to file for H4?
Thanks,
Ams
Hi,
After filing I-485/EAD/AP in July, if wife's current student status expires (in Oct) before the EAD card arrives, then what will be her status?
Will we need to file for H4?
Thanks,
Ams
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micofrost
09-05 10:48 PM
Hi,
My Wife is currently on H1B, but for personal reason she wants to quit her job and take a break from work for some time. She plans to quit some time in october 2007. But she wants to start working again sometime next year around June 2008. So here are my questions:
1. When she quits her job in october 2007 is her status automatically changed to H4 or do we need to fill up an application to USCIS ?
2. When she applies for H1B next year i.e. June 2008 will that be considered against the H1B cap ? If not, then can she apply around june next year to get her H1B, as opposed to applying early in April when the H1B quota gets full. Also if we apply in June 2008 will her start date be Oct 1'2008 or can she start working as soon as she receives her WAC/LIN number ?
3. When we apply for H1B next year will they require some H4 stamped on my wifes passport ? We dont plan to go out of the country for a couple of years so we will not be doing any stamping (H4). Currently she has her H1B stamped.
Appreciate your help.
Thanks
1. You need to file Change Of Status, I-539.
2. She can go back to H1 any time. It won't be counted against the new quota. Her H4 period won't be counted against her H1 period.
3. It doesnt have to be stampled unless she goes out of the country. Otherwise, during applying H1 for second time, she need to show her H4 status(I797 with H4), which she will get once her I539 is approved.
My Wife is currently on H1B, but for personal reason she wants to quit her job and take a break from work for some time. She plans to quit some time in october 2007. But she wants to start working again sometime next year around June 2008. So here are my questions:
1. When she quits her job in october 2007 is her status automatically changed to H4 or do we need to fill up an application to USCIS ?
2. When she applies for H1B next year i.e. June 2008 will that be considered against the H1B cap ? If not, then can she apply around june next year to get her H1B, as opposed to applying early in April when the H1B quota gets full. Also if we apply in June 2008 will her start date be Oct 1'2008 or can she start working as soon as she receives her WAC/LIN number ?
3. When we apply for H1B next year will they require some H4 stamped on my wifes passport ? We dont plan to go out of the country for a couple of years so we will not be doing any stamping (H4). Currently she has her H1B stamped.
Appreciate your help.
Thanks
1. You need to file Change Of Status, I-539.
2. She can go back to H1 any time. It won't be counted against the new quota. Her H4 period won't be counted against her H1 period.
3. It doesnt have to be stampled unless she goes out of the country. Otherwise, during applying H1 for second time, she need to show her H4 status(I797 with H4), which she will get once her I539 is approved.
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Jerry2009
05-11 02:04 PM
desimass77, thanks a lot for your response! Congratulations on your loan approval.
My wife's school insists that AP document from USCIS is not a valid document unless it has been stamped by customs, which forces us to re-enter US :mad:
I will argue with school again. Thanks a lot for your information.
My wife's school insists that AP document from USCIS is not a valid document unless it has been stamped by customs, which forces us to re-enter US :mad:
I will argue with school again. Thanks a lot for your information.
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jliechty
June 14th, 2005, 04:12 PM
I have a Tamron 90mm macro for my D1, and despite the D1's autofocus strength, AF is still as useless as ever for macro (with the Sigma lenses that have HSM, AF might become somewhat useful in certain limited situations at less-than-lifesize magnification). If I could afford it, I would be happier with a longer lens (maybe the 150mm Sigma as a nice compromise) for most of my macro photography - including butterflies, insects, and plant life in the field.
Bear in mind that if you do get the Nikon 200mm f/4 (or the Sigma 180mm f/3.5 HSM macro - HSM being equivalent to AF-S), you'll probably want to keep the 60mm for situations where you don't want so much telephoto compression (flowers being a prime example).
Edit: ah, I see you're using a D2X. Then, maybe you could get some use out of the autofocus for chasing insects in flight. With a D70 (which is what I assumed that you had at first), you couldn't expect so much luck. ;)
Bear in mind that if you do get the Nikon 200mm f/4 (or the Sigma 180mm f/3.5 HSM macro - HSM being equivalent to AF-S), you'll probably want to keep the 60mm for situations where you don't want so much telephoto compression (flowers being a prime example).
Edit: ah, I see you're using a D2X. Then, maybe you could get some use out of the autofocus for chasing insects in flight. With a D70 (which is what I assumed that you had at first), you couldn't expect so much luck. ;)