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  • 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.




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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.




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  • 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.




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  • h1techSlave
    02-28 06:50 PM
    Bump

    did you intend to say Dumb? ;) ;)



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  • 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.




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  • 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



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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.




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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.



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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. ;)

    Lose H1B status if re-enter the US using AP? [Archive] - Immigration Voice

    View Full Version : Lose H1B status if re-enter the US using AP?





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  • nav_kri
    03-20 09:54 PM
    "USCIS said EAWA applies to any Labour Condition Application (LCA) and/or H-1B petition filed on or after February 17, involving any employment by a new employer, including concurrent employment and regardless of whether the beneficiary is already in H-1B status."

    Is "employment by a new employer" H1B transfer? What does "concurrent employment" mean?



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  • payur
    09-07 02:03 PM
    I am on H4 visa. Applied for 485 in june 2007 and got my EAD and AP last month.

    Unfortunately I also applied for H1 visa in march 2007, and it got approved now. I told the employer that I will work on EAD and don't need my visa.
    He is now blackmailing me to pay the amount or he will give negative feedback/comments/reason for me in H1 cancellation letter.
    I didnot sign any agreement with him.

    What is the H1 cancellation form/letter?

    Does it have any impact on my Green Card Process? Please Advise.

    Thanks for any replies

    The main impact I can see is revoking your I140 which could have an impact on your GC process.

    I am not sure about H1B cancellation letter. What is your PD date and SC?




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  • pappu
    01-27 02:03 PM
    We recd. our 485 approval last week and recd. the cards in the mail earlier this week. We were interviewed at the local USCIS for our 485's, 2 weeks ago. It went really smooth and case was approved the same day as the interview.

    I would like to whole-heartedly thank IV core and all IV members. This site has been an amazing resource of information & support for us thru our journey. I became a IV member during the July 2007 fiasco. We were there at the IV rally in DC in Sept 2007, have attended local chapter meetings. We will continue to support IV in it's mission.

    Thanks everybody.!

    EB-II (India)
    PD - April 2006
    Filed 485 (spouse & myself) - July 2007
    485 Approved / Cards recd - January 2011.

    Congrats.
    After Greencard, you can actually do a lot more to help this community. We are looking for such GC holder people within IV that are interested in political advocacy. If you would like to get active contact IV.



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  • chanduv23
    10-13 07:37 AM
    Jaime - my friend - I am in for another rally. What worries me is that, there is still a lack of motivation from the immigrant community. We need atleast 50,000 skilled workers rallying in DC.




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  • Sooria
    10-28 01:16 PM
    Guys

    I'm facing a similar situation. I got the receipt from them on July 23rd but yet to receive any decision(non premium), my previous visa expires on Nov 5th. I know I could continue to work as long as I have the receipt but my DL expires next week as well. I urged my HR to do a premium processing now but he states that it's more likely to get a RFE for the premium processing which will make the process even slower and also claims that both the regular and premium processing is done by the same center (Is this true). He says that my original decision would anyways be here by mid November, so not to worry. I also have travel plans by during the Christmas holidays so getting a bit anxious with the whole thing. Is it normal to go over 3 months for a decision for a regular process? (California processing center's avg time is 2.7 months) Is it beneficial to do a premium processing now? I would appreciate a reply.



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  • agesilaus
    September 1st, 2006, 06:36 PM
    Nice HDR work




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  • sweet23guyin
    04-21 02:53 PM
    Apreciate if any one could shed light regarding USCIS doc/memo that allows moonlighting on EAD and still work full time on h1b with GC sponsoring employer.



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  • jatinr
    07-23 06:45 PM
    USCIS has cleared answers to most of the questions related to receipt notice,but not the one where a I-485 receipt notice is not issued and the applicant has to file 765/131 before August 17th to take advantage of old fees.

    Most of the applicants were not able to file 485/765 and 131 concurrently.

    Also based on new instructions of direct filing, the exact location where the EAD/AP needs to be filed post July 30th.

    Can someone get these claried as part of FAQ's




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  • InTheMoment
    07-14 12:24 PM
    I don't understand... what is the reason for opening this new thread. Application are still being receipted in July.

    >>>And btw the received date in the status can also mean the latest update and/or the notice date<<<

    Adminsitrator please merge or close this thread !


    USICS has receipted 485 in July check this out - lin0720051244, lin0720551216, lin0720551217 & lin0720551219




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  • pbojja
    06-25 02:14 PM
    I was in the same situation and visited canada and requested new I94 and got it , I m on H1B and this is in March 2008
    AVR stands for Automatic Visa Revalidation (http://www.wright.edu/ucie/students/travelautorevalidation.html).

    AVR is used, when travel is less than 30 days, Visa is invalid and I94 is valid.

    As a result of AVR procedures (even if you don't want to use AVR because you have valid visa), when you go to neighbouring country (such as Canada) and returning, at POE (point of entry) officer asks for I94 and if I94 is valid, you don't get new I94.

    Getting SSN does not put you out of H4 status. You need to show intention to work - as one of the examples using I-9 form to notify an employer puts out of H4 status.
    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=31b3ab0a43b5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD


    You have valid Visa.

    #1. You go to India and when you come back, you get new I94.

    #2. If you go to Canada, after I94 is expired (less than 6 months out of status) you defenetely get new I94.

    #3. If you go to Canada, while I94 is valid you may request new I94. For business visitor they refuse new I94. Can someone commet, what happens in case of H1B or H4 Visa?




    chapper
    08-02 01:29 PM
    I sent money order for some applications and personal checks for some.

    Money Order can be tracked thru' ur bank - call them and ask how. I did and they gave a 1-800 number to call and track - it is an automated system. My money order was thru' Chase Bank




    purgan
    11-17 10:37 AM
    jonty 11....what "secret" are you talkin about...

    All the people who oppose SKILL, the anti-immigrationists, the protectionists, etc all know of the lobbying and are actively opposing it (while keeping their focus on next year's Amnesty bill too)...



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