pbojja
06-02 09:20 PM
pbojja, you have contradicted yourself. In 1) you say "No need to File for 140";
Then in 3) you say "They approve Faster in a month" - Which does not make sense if you don't file right?
Could you enlighten us? Also, what do you mean by Happy & Unhappy scenario, only one of them as to be the legit way, no?
Man I was just kidding with Happy scenario , we wish things work our way with CIS , I clearly mentioned unhappy scenario is the reality
Then in 3) you say "They approve Faster in a month" - Which does not make sense if you don't file right?
Could you enlighten us? Also, what do you mean by Happy & Unhappy scenario, only one of them as to be the legit way, no?
Man I was just kidding with Happy scenario , we wish things work our way with CIS , I clearly mentioned unhappy scenario is the reality
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iv_newbie_2007
09-16 09:38 AM
OLDMONK,
My wife's situation is the same too. Our EAD application reached on July 3rd, we both have EAD receipts but only my status is "card production ordered", whereas hers is still "received and pending". Did you both get EAD cards already?
Coming back to the point, my attorney is one of the very best attorneys in the DC area and the paralegal I spoke with said EAD has nothing to do with visa status, and my wife HAS to maintain either H-1b or H4 status. Additionally, since COS has been issued (your wife also?) my wife will be on H1 automatically come October, and H4 reinstatement is a must. If she doesn't show up to work from Oct 1, she will be out of status, unless H4 is reinstated.
My attorney is charging $500 as processing fee and USCIS fee is $300. I personally know people who have filed this on their own, so I'm thinking if reinstatement is a must, then we will file the application ourselves. How much does your attorney charge?
GULUT,
FYI, my wife wants to stay on H4 not because she doesn't want to work, its that she doesn't want to work on H1 since her EAD is on its way. Also, she probably has more education and experience than you do! So stop whining and get on with your life. This "H4 spouses are wasting H1 quota" bitching is getting old ...
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.
My wife's situation is the same too. Our EAD application reached on July 3rd, we both have EAD receipts but only my status is "card production ordered", whereas hers is still "received and pending". Did you both get EAD cards already?
Coming back to the point, my attorney is one of the very best attorneys in the DC area and the paralegal I spoke with said EAD has nothing to do with visa status, and my wife HAS to maintain either H-1b or H4 status. Additionally, since COS has been issued (your wife also?) my wife will be on H1 automatically come October, and H4 reinstatement is a must. If she doesn't show up to work from Oct 1, she will be out of status, unless H4 is reinstated.
My attorney is charging $500 as processing fee and USCIS fee is $300. I personally know people who have filed this on their own, so I'm thinking if reinstatement is a must, then we will file the application ourselves. How much does your attorney charge?
GULUT,
FYI, my wife wants to stay on H4 not because she doesn't want to work, its that she doesn't want to work on H1 since her EAD is on its way. Also, she probably has more education and experience than you do! So stop whining and get on with your life. This "H4 spouses are wasting H1 quota" bitching is getting old ...
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.
voldemar
02-13 03:40 PM
I am seriously thing 2-3-4-5 years!You are so optimistic ;)
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manand24
08-03 12:20 PM
After you file your I-485, your status changes to 'Adjustment of status' or 'Adjustee'.
On this status you have 2 options to be able to work:
1) Use EAD, in that case you lose your H1-B status and if your I-485 is denied for any reason, you fall out of status immediately.
Please note that if you use EAD, you HAVE TO use AP for travel.
2) Continue using and extending your H1-B until your I-485 is approved and your status is adjusted to 'Permanent resident'.
You can switch from H1-B to EAD anytime, but there are limitations on whether you can easily switch back from EAD to H1-B.
Good luck
From what I have heard, you can be on H1B and still use AP to come back into the US. No need to get a Visa stamping for the H1B to travel.
On this status you have 2 options to be able to work:
1) Use EAD, in that case you lose your H1-B status and if your I-485 is denied for any reason, you fall out of status immediately.
Please note that if you use EAD, you HAVE TO use AP for travel.
2) Continue using and extending your H1-B until your I-485 is approved and your status is adjusted to 'Permanent resident'.
You can switch from H1-B to EAD anytime, but there are limitations on whether you can easily switch back from EAD to H1-B.
Good luck
From what I have heard, you can be on H1B and still use AP to come back into the US. No need to get a Visa stamping for the H1B to travel.
more...
sapking
10-11 01:38 PM
Check with immigration attorney..S/he is your best source for advice/guidance.
perm2gc
01-08 03:44 PM
They are in mid-30s and if they apply for residency they will finish at age 35yrs and then post-residency is another couple of years. Does mid 30s age in their favour?
Would like to get more insight on this issue.
Thanks.
Please post what insight you want to know on the issue.The 30's is common age here.so VO will not buy that...
Would like to get more insight on this issue.
Thanks.
Please post what insight you want to know on the issue.The 30's is common age here.so VO will not buy that...
more...
arnet
11-22 09:28 PM
this issue has been discussed before in IV. please check the following threads and also search for "FOIA" keyword in this forum you will find couple of threads regd this issue.
http://immigrationvoice.org/forum/showthread.php?t=1206&highlight=foia
Dear my friends Can I get copy of LC filing copy and 45 letter copy through
FOIA? I recently got laid off after working 4 years in same company. My employer is refusing to give LC filing copy. In my knowledge to get new H1 as I am 8th year extension from my new employer, I need to have copy of LC filing. I am in dilemma; please guide me if you can. I will really appreciate any guidance from 1V members.
http://immigrationvoice.org/forum/showthread.php?t=1206&highlight=foia
Dear my friends Can I get copy of LC filing copy and 45 letter copy through
FOIA? I recently got laid off after working 4 years in same company. My employer is refusing to give LC filing copy. In my knowledge to get new H1 as I am 8th year extension from my new employer, I need to have copy of LC filing. I am in dilemma; please guide me if you can. I will really appreciate any guidance from 1V members.
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Tshelar
09-09 07:56 AM
I am not sure if any reputed lawyer is going to be able help. The fact that you agreed that you worked in a gas station when you were not suppose to causes a problem for a lawyer make a case. I am hoping one of the lawyers on this forum would be able to guide you on this.
Good luck
Good luck
more...
Lasantha
04-11 11:38 AM
I had the same experience on Wednesday. Do not hang up, you will be connected to an IO after a while.
I called (First time in last 4 months) to TSC using POJ method to check how they are trying to process cases. I know it was a futile attempt but wanted to try my luck regardless.
Guess what? When you can't get through right away (which is never) you get put on hold in queue. Instead of background music you would get with any other wait in queue system - the message kept repeating every second - "Your estimated wait time is between 10-15 minutes"...
It annoyed the heck out of me and I hung up rather than hearing the message over and over again.
Since I have not called in past few months, I do not know if this is how it always worked or is this a recent change. As far as I recall, they did have background music which made it a little bearable to wait 10 minutes.
I called (First time in last 4 months) to TSC using POJ method to check how they are trying to process cases. I know it was a futile attempt but wanted to try my luck regardless.
Guess what? When you can't get through right away (which is never) you get put on hold in queue. Instead of background music you would get with any other wait in queue system - the message kept repeating every second - "Your estimated wait time is between 10-15 minutes"...
It annoyed the heck out of me and I hung up rather than hearing the message over and over again.
Since I have not called in past few months, I do not know if this is how it always worked or is this a recent change. As far as I recall, they did have background music which made it a little bearable to wait 10 minutes.
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rb_248
01-18 09:22 PM
Mine got approved in 6 months....Receipt Date - 7/5/2006: approval date 1/4/2007
Mine is EB 2
Mine is EB 2
more...
Britsabroad
March 6th, 2004, 08:50 AM
Reminds me of a Nautilus shell cut in half - great shot. Id also be very interested to see what you are able to get with your tripod from different angles
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desi485
10-11 01:52 PM
fortunately I haven't used EAD. In fact neither my spouse has. But we were about to use spouse EAD when we sniffed this possibilty. This is the reason I am asking if any one has any insight to share. Title of the thread is little misleading but unble to change it now. this is a IF THEN condition as if now. aplogise for the same. However I am sure so many families getting EAD, so many ppl will be concerned about this. This might be real for some one of us.
more...
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rbharol
11-08 10:50 AM
Hi,
My parents got 10 year multiple entry US visa 2 years back. My brother who was residing here had sent the required documents and applied the visitor visa. My parents had visited me then for 3 months. Now I am planning to get my parents to US. But my brother no longer lives in USA. Is my parent�s visitor visa still valid since my brother is not residing here or should I re apply for my parents visitors visa. Any help or suggestions are appreciated. Thanks in advance.
This is really a very bad and sorry situation to be in.
I am feeling very bad after reading this.
This is unnecessary harrasment.
It is fault on your part too. They should not have overstayed and should have
filed for extension if they had to.
Best bet is to hire a good lawyer quickly.
Good luck.
Let me know if we can help. Send me PM if you need help of any kind.
I am in San Francisco area.
My parents got 10 year multiple entry US visa 2 years back. My brother who was residing here had sent the required documents and applied the visitor visa. My parents had visited me then for 3 months. Now I am planning to get my parents to US. But my brother no longer lives in USA. Is my parent�s visitor visa still valid since my brother is not residing here or should I re apply for my parents visitors visa. Any help or suggestions are appreciated. Thanks in advance.
This is really a very bad and sorry situation to be in.
I am feeling very bad after reading this.
This is unnecessary harrasment.
It is fault on your part too. They should not have overstayed and should have
filed for extension if they had to.
Best bet is to hire a good lawyer quickly.
Good luck.
Let me know if we can help. Send me PM if you need help of any kind.
I am in San Francisco area.
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jingi1234
10-08 05:52 PM
can2004:
What is your current status? did u get your GC? and when did u respond to RFE? 5 months ago?:confused::eek::rolleyes:
What is your current status? did u get your GC? and when did u respond to RFE? 5 months ago?:confused::eek::rolleyes:
more...
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lazycis
02-28 08:31 AM
You should be fine. Not only you filed your extension on time (so the approval should apply retroactively, more likely that's the USCIS mistake), but two law provisions protect you:
1) 8 C.F.R. section 274A.12(b)(20) - An H1B holder whose employer has filed a new H1B petition to extend the stay (through the current employer - NOT a job change) can work for up to 240 days based upon the pending H1B petition;
2) 8 U.S.C. 1255(k) allows you to adjust status even if you worked without authorization for not more than 180 days.
Oh, yes, I've had a similar RFE for my dependants to show continuous H4 status so it's not unusual.
1) 8 C.F.R. section 274A.12(b)(20) - An H1B holder whose employer has filed a new H1B petition to extend the stay (through the current employer - NOT a job change) can work for up to 240 days based upon the pending H1B petition;
2) 8 U.S.C. 1255(k) allows you to adjust status even if you worked without authorization for not more than 180 days.
Oh, yes, I've had a similar RFE for my dependants to show continuous H4 status so it's not unusual.
dresses red-hair-color Red: Hair color
sanan
06-04 09:11 PM
What is your PD and category?
I filed my 485 in July 2004. My PD is current now, does anyone know what happens next?
Thank you.
delhis
I filed my 485 in July 2004. My PD is current now, does anyone know what happens next?
Thank you.
delhis
more...
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Vishal2007
02-04 06:33 PM
i was totaly upse about this post, here is my correct entry
definitely your entry should be denied, you are not capable to solve your domestic problem, how come you are going to do good to this country by getting GC. (I agree these people are not good as you, but before they start domestic violence there are on citizen/GC (either one of them),
definitely your entry should be deneid, you are not uncapale to solve your domestic problem, how come you are going to do good to this country by getting GC. (I agree these people are not good as you, but before they start domestic voilence there are on citizen/GC (either one of them),
definitely your entry should be denied, you are not capable to solve your domestic problem, how come you are going to do good to this country by getting GC. (I agree these people are not good as you, but before they start domestic violence there are on citizen/GC (either one of them),
definitely your entry should be deneid, you are not uncapale to solve your domestic problem, how come you are going to do good to this country by getting GC. (I agree these people are not good as you, but before they start domestic voilence there are on citizen/GC (either one of them),
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Winner
06-18 03:39 PM
Hi,
I came to US in 2004, my H1 visa was sponsored by cognizant technology solutions. H1 was valid from Nov 04 to Dec 06. later on my I 94 was extended from Dec 06 to July 09 .
I changed company and joined wipro in Aug 08 and now my I 94 is now valid till July 2010.
I have never gone back to India for a visit ever since I landed in US (2004)..I now want to go to India for few months and have read that i'll have to get my visa stamped before reentering US...
My question is if i'll have any problems with visa stamping because I was originally working with cognizant and am now working with wipro?..Am I out of status since my original visa expired in 2006 ?...pls help
Cognizant to Wipro? Out of the frying pan, into a fire? :)
I came to US in 2004, my H1 visa was sponsored by cognizant technology solutions. H1 was valid from Nov 04 to Dec 06. later on my I 94 was extended from Dec 06 to July 09 .
I changed company and joined wipro in Aug 08 and now my I 94 is now valid till July 2010.
I have never gone back to India for a visit ever since I landed in US (2004)..I now want to go to India for few months and have read that i'll have to get my visa stamped before reentering US...
My question is if i'll have any problems with visa stamping because I was originally working with cognizant and am now working with wipro?..Am I out of status since my original visa expired in 2006 ?...pls help
Cognizant to Wipro? Out of the frying pan, into a fire? :)
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cs.0
02-13 06:32 AM
hi.
http://www.immigrationlawgroup.net - IMMIGRATION LAW GROUP LLP
I am dealing with the above attorney group from past 6 years. They r very good and they take very decent fees.
thanks,
http://www.immigrationlawgroup.net - IMMIGRATION LAW GROUP LLP
I am dealing with the above attorney group from past 6 years. They r very good and they take very decent fees.
thanks,
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03-26 04:01 AM
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myuname
06-18 11:14 AM
Nope...once you have used your EAD you cannot go back to H1-B. AFAIK.
but I am not an expert so I guess others around here might have a different take. Best,
but I am not an expert so I guess others around here might have a different take. Best,
