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Hi
My 140 got approved and 485 is in pending state.I have my EAD and also valid H1.
1.Can I add my spouse to my GC status when PD is not current?My spouse is on H1B visa.
2.If I start using EAD, is it still possible to add spouse or I should maintain valid H1 status?
Can you please respond back ASAP.Thanks.
My 140 got approved and 485 is in pending state.I have my EAD and also valid H1.
1.Can I add my spouse to my GC status when PD is not current?My spouse is on H1B visa.
2.If I start using EAD, is it still possible to add spouse or I should maintain valid H1 status?
Can you please respond back ASAP.Thanks.
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Hi,
My employer terminated my employment Last date of employment is May-7th. and he is keen on revoking my H1 by May-10th.
He says, Even after withdrawing H1 you can still able to transfer H1 to other employer.
So far i am not able to find other employer who can transfer my H1, and still in US.
1) How many days I can stay after H1 termination
0 days. There is no grace period. You would start to accumulate out of status days from May 10. However, usually USCIS forgives a small number of out of status days. There is no guideline, AFAIK, about how is this "small" defined.
2) Is it possible to transfer H1 after the withdrawal process initiation.
There is no such thing as "transfer". Your new employer will have to file a new H1-B petition. If you were maintaining H1-B status at that time, then you can start working whenever you get the receipt notice; otherwise you would need to wait for the actual approval notice (along with attached I-94 --- if there is no I-94 attached with the I-797, then you would have to go out of the country, and reenter). You would not be counted again towards quota (i.e., the quota will not apply to you) unless you reset your H1-B clock by staying outside US for 1 year.
3) How much time does INS take to withdraw the H1
4) what possibility of rejecting my H1 if I submit my papers for H1 transfer after the revoke process initiation.
As I said, the new H1-B would have no relation with the current H1-B. The only thing you need to take into account is whether you are in status or not.
Please let me know do I have any other options.
Thanks
Rajesh[QUOTE=Myvisa;1808894]
My employer terminated my employment Last date of employment is May-7th. and he is keen on revoking my H1 by May-10th.
He says, Even after withdrawing H1 you can still able to transfer H1 to other employer.
So far i am not able to find other employer who can transfer my H1, and still in US.
1) How many days I can stay after H1 termination
0 days. There is no grace period. You would start to accumulate out of status days from May 10. However, usually USCIS forgives a small number of out of status days. There is no guideline, AFAIK, about how is this "small" defined.
2) Is it possible to transfer H1 after the withdrawal process initiation.
There is no such thing as "transfer". Your new employer will have to file a new H1-B petition. If you were maintaining H1-B status at that time, then you can start working whenever you get the receipt notice; otherwise you would need to wait for the actual approval notice (along with attached I-94 --- if there is no I-94 attached with the I-797, then you would have to go out of the country, and reenter). You would not be counted again towards quota (i.e., the quota will not apply to you) unless you reset your H1-B clock by staying outside US for 1 year.
3) How much time does INS take to withdraw the H1
4) what possibility of rejecting my H1 if I submit my papers for H1 transfer after the revoke process initiation.
As I said, the new H1-B would have no relation with the current H1-B. The only thing you need to take into account is whether you are in status or not.
Please let me know do I have any other options.
Thanks
Rajesh[QUOTE=Myvisa;1808894]
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IV memebers, mark your calender and Participate.
http://www.dhs.gov/xabout/structure/editorial_0482.shtm
http://www.dhs.gov/xabout/structure/gc_1171038701035.shtm
--------------------------------------------------------------------
The Office of the CIS Ombudsman is hosting teleconferences to discuss your interactions with U.S. Citizenship and Immigration Services (USCIS). Join us to share your comments, thoughts, and suggestions as well as any issues of concern.
Upcoming teleconferences:
1. �USCIS Receipting Delay II � How Does This Affect You?� � November 2, 2007 2:00-3:00, EDT
2. �N-648 Medical Waivers � How Are They Working For You?� � November 2, 2007 3:30-4:30 EDT.
How to Participate
To participate in these calls, please RSVP to cisombudsman.publicaffairs@dhs.gov specifying which call you would like to join. Participants will receive a return email with the call-in information.
If you are unable to participate in these calls, please visit our website at www.dhs.gov/cisombudsman for upcoming teleconference dates. Also, if you have a topic of interest for a future call, please send it to cisombudsman.publicaffairs@dhs.gov.
We appreciate your participation in this pilot program.
--------------------------------------------------------------------
http://www.dhs.gov/xabout/structure/editorial_0482.shtm
http://www.dhs.gov/xabout/structure/gc_1171038701035.shtm
--------------------------------------------------------------------
The Office of the CIS Ombudsman is hosting teleconferences to discuss your interactions with U.S. Citizenship and Immigration Services (USCIS). Join us to share your comments, thoughts, and suggestions as well as any issues of concern.
Upcoming teleconferences:
1. �USCIS Receipting Delay II � How Does This Affect You?� � November 2, 2007 2:00-3:00, EDT
2. �N-648 Medical Waivers � How Are They Working For You?� � November 2, 2007 3:30-4:30 EDT.
How to Participate
To participate in these calls, please RSVP to cisombudsman.publicaffairs@dhs.gov specifying which call you would like to join. Participants will receive a return email with the call-in information.
If you are unable to participate in these calls, please visit our website at www.dhs.gov/cisombudsman for upcoming teleconference dates. Also, if you have a topic of interest for a future call, please send it to cisombudsman.publicaffairs@dhs.gov.
We appreciate your participation in this pilot program.
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belmontboy ,
I am in same boat.. I am going mumbai india in feb for stamping. Where are you going for stamping. I heard lately that there is no way we can pre check PIMS. I have asked my lawer but haven't got reply yet.. If you lawer has sent duplicate copy of H1b document to Kentucky Visa center then there should not be issue.( 99.99 % should be safe ).. If not then there is risk involved.
Do you know how a lawyer can send the duplicate copy to Kentucky visa center, my h1 got approved 3-4 weeks ago, can we still send the duplicate copy to kentucky visa center ??? Did you do that ??
I am in same boat.. I am going mumbai india in feb for stamping. Where are you going for stamping. I heard lately that there is no way we can pre check PIMS. I have asked my lawer but haven't got reply yet.. If you lawer has sent duplicate copy of H1b document to Kentucky Visa center then there should not be issue.( 99.99 % should be safe ).. If not then there is risk involved.
Do you know how a lawyer can send the duplicate copy to Kentucky visa center, my h1 got approved 3-4 weeks ago, can we still send the duplicate copy to kentucky visa center ??? Did you do that ??
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Dear IV Members,
For those of us who have followed the immigration debate for last couple of years, we know that Stuart Anderson is one of the few sane voices when it comes to high skilled immigration.
Stuart has recently published a complete book on Immigration and how it applies to business and economics. The book also covers important background and relevant history of the Immigration bills, key players and how the events around us affect us all. Here is the link to the recently published must read book by Stuart -
Amazon.com: Immigration (Greenwood Guides to Business and Economics) (9780313380280): Stuart Anderson: Books (http://www.amazon.com/Immigration-Greenwood-Guides-Business-Economics/dp/0313380287/)
Thanks,
Team IV
For those of us who have followed the immigration debate for last couple of years, we know that Stuart Anderson is one of the few sane voices when it comes to high skilled immigration.
Stuart has recently published a complete book on Immigration and how it applies to business and economics. The book also covers important background and relevant history of the Immigration bills, key players and how the events around us affect us all. Here is the link to the recently published must read book by Stuart -
Amazon.com: Immigration (Greenwood Guides to Business and Economics) (9780313380280): Stuart Anderson: Books (http://www.amazon.com/Immigration-Greenwood-Guides-Business-Economics/dp/0313380287/)
Thanks,
Team IV
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Hi All,
I sent h1b extension application to california center on june 22nd and my application is still not approved. My current visa was valid until July 30th. I need to travel to India on Dec 10th due to urgent reasons . Please suggest what should I do
1. Can I travel while my extension is pending?
2. Can I raise a service request to speed up the processing?
2. or Upgrading to PP is the only option?
I do have EAD and advance parole through my husband's GC application. If I use parole for travel what happens to my H1b visa and GC application filed through my employer. My visa will still be valid or not?
Please help...
Thanks in advance
Ritu
I sent h1b extension application to california center on june 22nd and my application is still not approved. My current visa was valid until July 30th. I need to travel to India on Dec 10th due to urgent reasons . Please suggest what should I do
1. Can I travel while my extension is pending?
2. Can I raise a service request to speed up the processing?
2. or Upgrading to PP is the only option?
I do have EAD and advance parole through my husband's GC application. If I use parole for travel what happens to my H1b visa and GC application filed through my employer. My visa will still be valid or not?
Please help...
Thanks in advance
Ritu
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http://www.uscis.gov/files/pressrelease/HandLFinalRule110107.pdf
Generally, adjustment of status applicants must obtain Advance Parole (Form I -131, Application for
Travel Document) from USCIS prior to leaving the United States or else their applications are
deemed abandoned. H-1 and L-1 nonimmigrants (and their H-4 or L-2 dependents) are now exempt
from this requirement. Previously, they were required to present a receipt for their adjustment
application at the time of readmission to the United States following foreign travel. This final rule
eliminates the unnecessary burden of presenting this receipt since the application information in the
receipt is in USCIS databases available to immigration inspectors and adjudicators.
Generally, adjustment of status applicants must obtain Advance Parole (Form I -131, Application for
Travel Document) from USCIS prior to leaving the United States or else their applications are
deemed abandoned. H-1 and L-1 nonimmigrants (and their H-4 or L-2 dependents) are now exempt
from this requirement. Previously, they were required to present a receipt for their adjustment
application at the time of readmission to the United States following foreign travel. This final rule
eliminates the unnecessary burden of presenting this receipt since the application information in the
receipt is in USCIS databases available to immigration inspectors and adjudicators.
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Hello, Thanks for your reply
Currently, i am in H1b and my Spouce is in H4. She is attending school in H4 visa (She got stampted and has valid i-94 till June 2011). My employer said my job will be termineted after 1 month. Can my spouce change H4 to F1 and start to attend the school or she has to wait until she get F1 COS approved? In the mean time, can i change my H1 to her f2(dependent) once she file F1 but not approved.
And are there any other options if i did not get a job to transfer my H1B?
Thanks
Currently, i am in H1b and my Spouce is in H4. She is attending school in H4 visa (She got stampted and has valid i-94 till June 2011). My employer said my job will be termineted after 1 month. Can my spouce change H4 to F1 and start to attend the school or she has to wait until she get F1 COS approved? In the mean time, can i change my H1 to her f2(dependent) once she file F1 but not approved.
And are there any other options if i did not get a job to transfer my H1B?
Thanks
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I went for an Infopass appointment at the Boston USCIS District Office today. My wife's case status had suddenly changed to "On November 5, 2007 a notice was returned to us undeliverable..." on Jan 7, and we wanted to find out what was going on (the national customer service was of no help at all when we called). Our appointment was at 8.15 AM; we arrived at the JFK Building (Government Center) at 8 AM, went through the standard federal security (very much like an airport) to the USCIS suite. There was hardly anybody waiting in line. The officer at the door checked our appointment notice, and gave us a ticket number, and asked us to take a seat and wait for our number to be called. The arrangment there is like the social security office...there are service counters, and a waiting area in front where you sit and wait to be called.
When our number was called, we walked up to the counter, and the agent greeted us and asked us to present our appointment letter and an ID. She then asked us the purpose of our visit. I explained to her how the status on my wife's pending I-485 had changed to "Notice returned undeliverable", and we were concerned about a missed deadline. She asked for the I-485 receipt notice, then proceeded to look for information on her computer. She repeated our mailing address that was in the system, and asked us to confirm that it was correct. She then printed out something, and told us she'll be right back. I guess she went to see her supervisor for some help (she appeared to be new). After about 5-7 minutes, she came back and told us that she couldn't see what the notice was that was returned, but everything looked ok on my wife's case. She told us (without our asking) that her name check was cleared, and so was her fingerprint search. She said that the case was assigned to an officer, and it was last updated on Jan 7.
Although the agent could still not tell us what was returned undeliverable, she pretty much cleared our doubt that a biometrics appoinmtment or something else was pending. She also confirmed that the name check was cleared.
Our infopass experience at the Boston office was pleasant and fruitful. I think one should try to go early, as there is less crowd, and agents are willing to spend more time answering your questions.
When our number was called, we walked up to the counter, and the agent greeted us and asked us to present our appointment letter and an ID. She then asked us the purpose of our visit. I explained to her how the status on my wife's pending I-485 had changed to "Notice returned undeliverable", and we were concerned about a missed deadline. She asked for the I-485 receipt notice, then proceeded to look for information on her computer. She repeated our mailing address that was in the system, and asked us to confirm that it was correct. She then printed out something, and told us she'll be right back. I guess she went to see her supervisor for some help (she appeared to be new). After about 5-7 minutes, she came back and told us that she couldn't see what the notice was that was returned, but everything looked ok on my wife's case. She told us (without our asking) that her name check was cleared, and so was her fingerprint search. She said that the case was assigned to an officer, and it was last updated on Jan 7.
Although the agent could still not tell us what was returned undeliverable, she pretty much cleared our doubt that a biometrics appoinmtment or something else was pending. She also confirmed that the name check was cleared.
Our infopass experience at the Boston office was pleasant and fruitful. I think one should try to go early, as there is less crowd, and agents are willing to spend more time answering your questions.
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If your MIL is not in the US, you cannot technically extend the visa.
My M-I-L is already in the US. She has her I94 valid unti June 7th.
I did file for an extension online yesterday. However, i am yet to mail the documents.
What i would like to know is, can she stay until we hear from USCIS about the extension getting approved/not approved?
If at all its not approved, what happens?
My M-I-L is already in the US. She has her I94 valid unti June 7th.
I did file for an extension online yesterday. However, i am yet to mail the documents.
What i would like to know is, can she stay until we hear from USCIS about the extension getting approved/not approved?
If at all its not approved, what happens?
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Can PERM / 140 be filed by company while I am outside the US?
I was talking to an attorney over the phone today and she said that PERM can be filed followed by 140 even if I am outside the country (working for an overseas department of the company) and I can come back on L1 / H1B, because GC is for future employment.
.....
.....
Your attorney is correct.
_______________________
Not a legal advice.
US Citizen of Indian Origin
I was talking to an attorney over the phone today and she said that PERM can be filed followed by 140 even if I am outside the country (working for an overseas department of the company) and I can come back on L1 / H1B, because GC is for future employment.
.....
.....
Your attorney is correct.
_______________________
Not a legal advice.
US Citizen of Indian Origin