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  • jatinr
    09-05 10:50 PM
    [QUOTE=nirajnp;160331]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 ?
    No , you will have to fill I-539 - Change of Status form to change from H1 to H4, you have to provide your H1B credentials while applying your wife's H4 COS.

    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 ?

    Since it is not fresh H1B, she will be able to work on pending H1B status when applying from H4 to H1, her new H1B will not be from October, but rather from the time her status change from H4 to H1 is approved, you have to fill I-129 and I-539 forms.


    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.

    Not it is not required, you will get approved H4 petition, but you will have to provide existing H1, new H4 petition while applying for new H1 and corresponding I-94's


    Thanks

    I am not a lawyer, am answering based on my limited knowledge on this subject





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  • Kumbakonam
    11-09 09:11 PM
    Hello,

    My case is EB2. I have a B.Sc Physics degree + 1 Year PGDCA + 19 years of experience in software development field. USCIS issued an RFE on my case, requesting the transcript of my degree. Before my lawyer responded to the RFE, surprisingly, my I-140 was approved. I wish the same happens in your case, too.





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  • mnkaushik
    02-04 08:46 AM
    All State is saying is that they are giving EB2-India a total of 2987 visas. They didn't care about spill over and slow consumption by ROW. They are still acting stupid but this time they are trying to show reasoning for their stupidity. If this report had a consumption of visas till date for FY10 like in a dash board, then they would have seen their own stupidity clearly.

    I think you are making too much out of it. All they have said is 2987 per country. Below they do mention it flows from E1 to E2 to E3. Do you seriously think that they are going to say exactly how much the spill over is?





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  • beautifulMind
    11-27 04:31 PM
    to be fair to USCIS they did try to get out of the fiasco on july 1 by moving the dates back again Eventually they were forced to accept it again..

    They clearly knew this was cash cow so why did they want to cancel it in the first place..

    Its a lot of money and its definitely a lot of work as well..There are also no signs of hiring new stafff..most of extra cash they getting is being pumped into other gov projects so the staff is still being overworked and I am sure will be complaning



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  • wonderlust
    07-19 12:03 AM
    Hi, Looks like several of us have got glitches here and there on the I 485. As I mentioned in my post, the customer service persons at CIS told me to make correction after getting the receipt.

    I suggest that each of us call the customer service just to verify whether the responses are consistent. I called 2 times and the responses were largely consistent.

    The rationale for this proposed strategy is that customer service people sometimes are impatient and really do not answer questions appropriately. This seems to be a common problem with over-the-phone customer service.:mad:

    Please let me know if you called in and get a response: 1 800 375 5283

    Take care.
    W





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  • GreenCard4US
    08-21 10:53 PM
    The RFE is not unusual, they are sending RFE's on all pending I-485 applications in an attempt to pre-process the applications and have them ready before the priority date becomes available.

    Even though the beneficiary does not have to be working for the GC sponsoring company and the offer of employment can be a future offer, i always advice my clients to work for the sponsoring employer, if possible, otherwise the USCIS might raise the issue of the validity of the job offer, they have done this in the past. I also always advice clients to do AC-21 whenever they can, rather than depend on future employment.

    It is difficult to predict what the Officers decision will be and what factors he will look at, and your attorney is not wrong in his response, however if you were my client i would advice you to use AC-21. The USCIS has not indicated that AC-21 has to be invoked as soon as you join the new employer, no deadline for invoking AC-21. However, you should have a GC sponsor at all times to keep your GC alive. In your case, company A was your sponsor until the time that company C has agreed to be your sponsor and invoke AC-21.

    It is also good to invoke AC-21 because at the time of filing for citizenship they will see if you worked for your sponsoring employer for at least 6 months after getting the GC and if you did not, they will ask why dint you.

    Further Questions:

    Can I invoke AC21 now when an RFE is pending? Also, since I had already joined company C when I applied for 485, can I still invoke AC21. Do I reply to the RFE first and then invoke AC 21 or as part of RFE can I invoke AC21? Thanks again.


    The dates in the first couple of sentences are all messed up ( came to US through Company A in June 2007 and was with them until Dec 2006...........I joined Company B in Jan of 2007(change of H1) and was with them until April of 2007. )
    It would help to answer if you can correct the dates.



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  • redelite
    08-20 03:11 PM
    Allllllllllrighty... here's my attempt at the O RLY owl..

    http://www.kirupa.com/forum/attachment.php?attachmentid=47605&stc=1&d=1219259362

    Edit: Man, a second look at it and I think it might be too light...





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  • natrajs
    02-10 04:14 PM
    Guys --
    I got 485 Card production order and welcome notice email yesterday . I am assuming that means I got PR . my company has filed for H1 -B extension last week itself . what will happen to that extension , do we need to revoke/withdraw that petition ?
    has anyone being in this situation ?

    Thanks,
    gandalf

    Congrats and Best Wishes

    Your H1B extension request will be automatically denied and you don't have to worry about.

    its been a long wait, Congrats again



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  • brij523
    03-01 07:32 AM
    Hi All,

    After so much meeting reminder we had encouraging crowd of two people who participated for the meeting. The decision of the meeting was - we will continue with our foolishness of raising the awareness of Senator and Congressmember, call immigration reporter to cover our story.
    I still believe and hope some people may join to help themself. Let me be very frank - I or significant others are in this effort as long as our purpose are not met. After that I will probably say good bye and let next generation take the lead.

    Please join to help yourself before it is toooo late. There is no doubt that most of us will be in a situation where you lost job, your wife leaves you because she can't work!!, you have emergency in family but you can't go, you have job but can't process your H1B. You want to do something but you know you did not act when time was ripe. Repenting at that time will not fetch you anything and no one will be around you. Today you may find some companionship.

    Please come forward. CIR is something which will help you not hurt you. If you want to do things in background that is also fine. You can contact reporter, Senator office and Congress representative office. Once you have a positive lead, let IV take care from there.

    Time is NOW or NEVER. CIR Iron rod is getting heated now. Strike it within one month, while it is hot, to give the shape you want to give otherwise it will be cold and you can not do anything but weap and crib.





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  • chi_shark
    05-06 03:03 PM
    Does replying to RFE along with all required documents means GC is coming soon ??

    Augustus..did you get GC yet ?

    Thanks



    yes, it will be in your lap as SOON as your pd becomes current... sorry, it does not mean what we all want it to mean... it could mean that your case gets pre-adjudicated and hence may be quickly approvable once pd is current...



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  • i4u
    09-22 08:52 AM
    Converting from EB3 to EB2 FREQUENTLY ASKED QUESTIONS - Immigration Wiki (http://immigrationvoice.org/wiki/index.php/FREQUENTLY_ASKED_QUESTIONS#From_EB3_to_EB2)





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  • HRPRO
    05-04 01:47 PM
    When the employe and employer are two different entity...why can not?

    I will have a very good employer- employe relationship...:D

    When you start your own company arent you the employer or part of the ownership and when you sponsor your H, arent you the employee too? Sorry if I am missing something here



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  • Ramba
    03-25 01:33 PM
    Genereic faxes requesting to remove hard country quota may not yield the desired result. It is very important to request any senater who is willing to help or undertand the issue. It should be done thro lobbying and explining him/her in person why it is important to the eliminate country quota, hard country quota increase the baklog instead of reducing it. He/She should to bring an amendment to the bills(Frist/Specter) to bring back the AC21 provision. Then we will get the success.

    I hope IV will take care of this situation.





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  • gc_peshwa
    12-09 10:54 AM
    Thanks IV for the update!
    Good news guys...This is getting exciting now. Pleasantly surprised with 59 yes votes. Thats a good number. President Obama may have pulled off a miracle by extracting the GOP YES to DREAM by supporting their agenda of tax cuts for wealthiest Americans. Its politics afterall!



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  • jsb
    01-08 10:03 AM
    Effective June 2007, any agreement relating to recovering immigration fees from employees, or asking them to work for specific period after getting GC, are illegal. You can find details on the following link.

    http://www.lanepowell.com/pdf/pubs/ih_2007_002.pdf





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  • punjabi77
    08-10 01:17 AM
    Hi Everyone,

    Dont know if anyone thought about this or not.
    I know so many people have switched their previous employer who actually filed for GC.
    The employer also had the GC cost deducted from the employees salary.
    Now my situation is the same.
    I no longer work for the previous employer and my offer letter does say that employer will cover the cost of GC.
    but what actually happened is something that happened with so many people.
    Now since i dont work for that employer is it appropriate to ask the employer to reimburse me the GC cost as it was mentioned in the offer letter that employer will pay for the GC processing?
    BTW.. my 485 is filed and i do have my EAD
    let me know if someone has more information about it.



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  • things2strike
    08-20 08:36 PM
    Hi Friends,
    My maternal uncle filed PR for my parents and the priority date is: 06/24/2002.
    The date of approval of I-130: 03/12/2008
    My age was 20 years and 5 days as on 06/24/2002. I am currently working in USA on H1B visa. So can I apply for Green card with change of status with my parent's I-130 with Child Status Protection Act?
    Thanks,





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  • satishku_2000
    12-19 02:19 PM
    I called in senators office and the person asked for my zip code and I told him that I apprceate senator Cornyns efforts in trying to pass the SKIL bill.
    The person told me he will pass on the message. It takes less than a minute to make the call so folks I encourage to you make the call.





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  • lecter
    February 3rd, 2006, 03:01 AM
    as already stated:
    Requirements first
    Budget second
    then start selecting.
    in the $1000 bracket there's some choice.
    Personally, it's a tough space......, glad I am not making that decision.
    for personal bias reasons, only the 350D or D70/50 are worth looking at.
    Olympus makes nice gear, but in a newer format and has expensive accessories

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    skdskd
    08-26 09:32 PM
    I am not well aware of what is to be done. But isn't it a good idea to mail USCIS explaining the situation and possible extension you may need. This keeps USCIS informed about your situation in advance.

    I think so too





    harish357
    03-15 12:26 AM
    I believe that you need the actual diploma (you send a photocopy of it to USCIS) for getting counted in the M.S. quota. Most schools give the diploma once you have finished all requirements.

    How come they cannot consider my EAD, Official transcripts, Graduate status letter?
    Regarding Status letter, I have seen students applying like this and getting query later. What do you say about the students graduating in May (who files like me with OPT card and status letter) and applying for H1 in April?



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