loku
08-16 07:41 AM
I was on H-1 and got laid off on July 23. I filed for COS to H4 online on the same day and got the electronic receipt the same day. As I had filed I-539 after work hours, the receipt shows that USCIS received my application on July 26 instead of 23. I got the paper receipt in next 3 days. I hope this will not create any problems as my employer sent notification to USCIS on July 31 and I received my last paystub on July 31 though it was only till July 23. I have been working in US with good status for last 5 years.
Now I have some questions. Any help is greatly appreciated:
1) I recently got two Job offers from different consulting firms. When I told them that my H4 status is still pending, their attorneys told me conflicting things.
- One employer's attorney said that I have to wait till my H4 is approved and only then they could apply for my H1. At this time I have not status and they cannot file my H1.
- The other employer's attorney said that I could apply for H1 while my H4 is still pending by giving pending petition reference in the new H1 application. This will let USCIS adjudicate both the pending status together and there will be no problem for my H1.
Which one of them is correct ? What are the risks involved if I go with the advice of second attorney? Is there a possibility that filing H1 increases the chances the both my H4 and H1 applications are rejected and I could be OOS ?
2) Second question is that the second employer wants me to start immediately after I get H1 receipt. Am I eligible to work on a receipt with my situation or do I need to wait for the complete approval ? What if I get an RFE ? As this is a consulting firm, they have work order from end client for only 3 months and it will be renewed after every 3 months. Will this 3 month work order will create any problems ?
3) What is my current status ? Will the current time while H4 is pending will be counted against H1 or H4 ? As I have only a little over year left in my H1, it is important for me to know how much valid time I have left for H1. This processing time could go in months if I get an RFE.
Now I have some questions. Any help is greatly appreciated:
1) I recently got two Job offers from different consulting firms. When I told them that my H4 status is still pending, their attorneys told me conflicting things.
- One employer's attorney said that I have to wait till my H4 is approved and only then they could apply for my H1. At this time I have not status and they cannot file my H1.
- The other employer's attorney said that I could apply for H1 while my H4 is still pending by giving pending petition reference in the new H1 application. This will let USCIS adjudicate both the pending status together and there will be no problem for my H1.
Which one of them is correct ? What are the risks involved if I go with the advice of second attorney? Is there a possibility that filing H1 increases the chances the both my H4 and H1 applications are rejected and I could be OOS ?
2) Second question is that the second employer wants me to start immediately after I get H1 receipt. Am I eligible to work on a receipt with my situation or do I need to wait for the complete approval ? What if I get an RFE ? As this is a consulting firm, they have work order from end client for only 3 months and it will be renewed after every 3 months. Will this 3 month work order will create any problems ?
3) What is my current status ? Will the current time while H4 is pending will be counted against H1 or H4 ? As I have only a little over year left in my H1, it is important for me to know how much valid time I have left for H1. This processing time could go in months if I get an RFE.
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balu_g
05-10 07:51 AM
He gets kicked out of the country.
abc, If this is a joke then it is good.
abc, If this is a joke then it is good.
uma001
02-03 12:27 PM
Can you post what you wrote?
I would like to write one every day. I am totally frustrated on my green card situation.Cheated by my employer. Cant concentrate on work. They took all necessary documents, ran ads and finally said 'found candidates'.cant file your green card.Dont know what to do at this time.
I would like to write one every day. I am totally frustrated on my green card situation.Cheated by my employer. Cant concentrate on work. They took all necessary documents, ran ads and finally said 'found candidates'.cant file your green card.Dont know what to do at this time.
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whattodo21
04-29 11:44 AM
You can apply for an MTR, and if it is approved, you are safe. If not, you will be out of status from the day your petition was denied.
You can apply for H1 with another employer and have it premium processed.
Share your rfe with us, to know more of the reason...
You can apply for H1 with another employer and have it premium processed.
Share your rfe with us, to know more of the reason...
more...
davidmaria
06-24 05:43 PM
Hi
my GC is applied for future employment by company A on july2007.I did concurrent filing of 140 and 485.My I-140 approved on Feb 2008 and waiting for 485 approval. My PD belongs to 2005 mar EB2.
I am still working with my old company B .
My question is Am i eligible to change company C
without working for company A( My GC sponsored company).Can I file AC21 without working for GC sponsored company? Please i need somebody advice.
Thanks,
David
my GC is applied for future employment by company A on july2007.I did concurrent filing of 140 and 485.My I-140 approved on Feb 2008 and waiting for 485 approval. My PD belongs to 2005 mar EB2.
I am still working with my old company B .
My question is Am i eligible to change company C
without working for company A( My GC sponsored company).Can I file AC21 without working for GC sponsored company? Please i need somebody advice.
Thanks,
David
k_confused
08-16 07:08 PM
Her passport :( Issues with the passport :(
more...
Didiusthegreat
09-25 01:31 PM
I've been sending it throug!
Hope you'ved recieved it
Hope you'ved recieved it
2010 Emma Stone underwent a
kannan2010
11-12 07:15 PM
I am working as a biomedical research fellow on a J1 visa for the last 3 years in a non-profit research institute but they cannot sponsor my H1B. I am planning to get a J1 waiver and apply for H1B as I plan to work in the private industry. I am not sure whether I can apply for H1B without an employment offer? I would appreciate any suggestions.
more...
tabletpc
08-22 03:52 PM
Anyone got a chance to read this...
http://news.yahoo.com/s/afp/20070822/pl_afp/usimmigrationeducation
http://news.yahoo.com/s/afp/20070822/pl_afp/usimmigrationeducation
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krish420
10-03 10:01 PM
>>i got my L1 stamped at Chennai . can i apply for my would be wife l2 visa at Delhi consulate ??
It would be based on your wife's state of origin. If she is from karnataka, kerala, tamilnadu, then she would have to go to chennai. The states that a consulate supports would be listed on their website.
>> My company is not doing any documentation for my wife L2 . can i do all myself
Yes, you can. Search for 'L2 visa documents' online. The process is similar to B1/B2 ( It was, 2 years ago. Do confirm online).
It would be based on your wife's state of origin. If she is from karnataka, kerala, tamilnadu, then she would have to go to chennai. The states that a consulate supports would be listed on their website.
>> My company is not doing any documentation for my wife L2 . can i do all myself
Yes, you can. Search for 'L2 visa documents' online. The process is similar to B1/B2 ( It was, 2 years ago. Do confirm online).
more...
wandmaker
09-11 03:49 PM
On August 5th, My Online status got updated: Approval Notice sent
On August 19th, My employer got the notice stating that my petition is denied. He scanned it and forwarded it to me.
On September 10th, My Online status got updated: the post office returned the notice we last sent you on this case I129 PETITION FOR A NONIMMIGRANT WORKER as undeliverable. This may have serious effects on processing this case. Please call xxx to update your mailing address for this notice to be re-sent.
All this is leading to big confusion in my mind. I am not worried about denial. I am worried about what is happening here? Why Online status is deviant from what my employer says?
Online status now-a-days is unreliable. Denial notice is the source of truth, but call USCIS to confirm what is undelivered, if it is the approval notice then last action take precedence.
On August 19th, My employer got the notice stating that my petition is denied. He scanned it and forwarded it to me.
On September 10th, My Online status got updated: the post office returned the notice we last sent you on this case I129 PETITION FOR A NONIMMIGRANT WORKER as undeliverable. This may have serious effects on processing this case. Please call xxx to update your mailing address for this notice to be re-sent.
All this is leading to big confusion in my mind. I am not worried about denial. I am worried about what is happening here? Why Online status is deviant from what my employer says?
Online status now-a-days is unreliable. Denial notice is the source of truth, but call USCIS to confirm what is undelivered, if it is the approval notice then last action take precedence.
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Scythe
10-28 10:09 PM
It's not uncommon for text to be cut off when put inside a path. Perhaps the rest went missing and you didn't realize it since it all just looked like a bunch of binary code to you. It certainly does to me.
more...
house Red hair seems intrinsic to
m0r1arty
10-24 10:30 AM
Since there is a few of us up for it, lets try to make it happen. How shall we upload / moderate and so forth.
Swish-db have a pretty good system for integrating Swish / flash and PHP, could bung it on the back end of there.
We could put it here if you've got the resources Kirupa.
LETS GET IT ON!!!
(best try to make something now I s'ppose :x )
-m0r
Swish-db have a pretty good system for integrating Swish / flash and PHP, could bung it on the back end of there.
We could put it here if you've got the resources Kirupa.
LETS GET IT ON!!!
(best try to make something now I s'ppose :x )
-m0r
tattoo quot;I have blond hair now since
ItIsNotFunny
11-11 10:18 AM
Such hard times are good times for becoming entrepreneurs who in turn provide more jobs for those who lost their livelihood
http://finance.groups.yahoo.com/group/ivstartup/
I know. I have a company registered, we few friends decided to have a group kinda thing what you are planning now. I tried to promote that idea but some people got it wrong initially. See our previous discussion.
Anyways, my goal here is to make people understand that sending mails for AC21 are very important and critical at this stage irrespective or whether you used it or not.
http://finance.groups.yahoo.com/group/ivstartup/
I know. I have a company registered, we few friends decided to have a group kinda thing what you are planning now. I tried to promote that idea but some people got it wrong initially. See our previous discussion.
Anyways, my goal here is to make people understand that sending mails for AC21 are very important and critical at this stage irrespective or whether you used it or not.
more...
pictures Celebrity red hair Emma Stone
svam77
12-04 04:02 PM
Hi,
I have my EAD. Once I pass the 180 day limit for AC21 portability, can I move to a different state and a different job ? (provided salary and job specifications match )
Thanks,
Sam
I have my EAD. Once I pass the 180 day limit for AC21 portability, can I move to a different state and a different job ? (provided salary and job specifications match )
Thanks,
Sam
dresses Emma Stone Dyes Her Hair Red!
abcka111
05-14 01:35 AM
Any help from an attorney would be appreciated
more...
makeup Emma Stone has ditched her
anilsal
07-17 11:42 PM
Alright all,
Celebrating the good news here.
Question: Did anybody receive confirmation about their AOS applications being returned after filling in early July (Say on the 2nd or 3rd)? I know there have been rumors about a few returned applications but I haven't actually found anyone in such situation + my attorneys confirmed today that USCIS specifically instructed not to return/reject them.
An answer will magically appear after you have contributed to the IV cause.
Celebrating the good news here.
Question: Did anybody receive confirmation about their AOS applications being returned after filling in early July (Say on the 2nd or 3rd)? I know there have been rumors about a few returned applications but I haven't actually found anyone in such situation + my attorneys confirmed today that USCIS specifically instructed not to return/reject them.
An answer will magically appear after you have contributed to the IV cause.
girlfriend Emma Stone | Red Hair Trend
Prashanthi
08-21 01:39 PM
My wife is currently on H4 and she is planning to apply for Residency here in the US on an exchange visa (J1). Let us suppose that she gets her status adjusted here in the US from H4 to J1 and then travels outside the US (say India). Then, she would have to get a J1 visa stamped on her passport. Considering that her spouse (that's me) would be on H1B, it would be rather difficult for her to prove that she would return to India. Do you think there is a greater chance of denial of J1 visa to her at the US consulate? If yes, how do you recommend we go about doing it? Your answer would be appreciated.
------------------------------
LC and I-140 Approved; EB2 PD 22 Feb 2008
The red flag is usually raised when one has immediate relatives who are Citizens or Green card holders. If you have a spouse who is on H-1 it does not mean that you intend to immigrate to the United States. However, the fact that you filed for an immigrant petition might effect her visa application adversely, the consulate is capable of rejecting for any reason and no judicial review exists if the visa is rejected. Good luck.
------------------------------
LC and I-140 Approved; EB2 PD 22 Feb 2008
The red flag is usually raised when one has immediate relatives who are Citizens or Green card holders. If you have a spouse who is on H-1 it does not mean that you intend to immigrate to the United States. However, the fact that you filed for an immigrant petition might effect her visa application adversely, the consulate is capable of rejecting for any reason and no judicial review exists if the visa is rejected. Good luck.
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dionysus
06-14 12:21 AM
Just be truthful in your applications and things will be fine.
If you are not legally divorced, make sure you do mention your wife's name in your 485 application. If you do not file a separate 485 for her, she will not get any GC. INS can not grant GC to anyone who doesn't even ask for it. Your GC will not be affected if you file for only yourself. So you save money on one 485 filing and we all get one extra GC slot.
Hi,
Situation- PD Current and eligible to file 485
Married but seperated. What should that person mention in the form?
If he mentions his wife's name on the form, would she get GC as well?
Does he need to submit any docs for his wife? Currently planning to file for himself only.
Please advise
Thanks
If you are not legally divorced, make sure you do mention your wife's name in your 485 application. If you do not file a separate 485 for her, she will not get any GC. INS can not grant GC to anyone who doesn't even ask for it. Your GC will not be affected if you file for only yourself. So you save money on one 485 filing and we all get one extra GC slot.
Hi,
Situation- PD Current and eligible to file 485
Married but seperated. What should that person mention in the form?
If he mentions his wife's name on the form, would she get GC as well?
Does he need to submit any docs for his wife? Currently planning to file for himself only.
Please advise
Thanks
bestia
02-14 05:01 PM
My CPA is in Orange County (LA area). I'm pretty happy with him. I can provide his contact info if anybody will PM me.
biznuge
03-01 08:21 AM
looks totally kinetic type. nice!
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