amsgc
04-02 08:27 PM
Hi Bhayzone,
Allow me to help you a bit here...
First of all, there is no such thing as a H-1B transfer. When you change jobs, the new employer files a "new petition" with the USCIS requesting that:
1) The new application should not be counted against the yearly H-1B cap.
2) Your current H-1B status be "extended" in the US
3) Your wife's H4 status be "extended" in the US
Only your wife's H4 status is dependent on your H-1B status. If your wife changes her status to F1, then your H-1B status has no bearing at all on her F1. You could even go back to your home country and stay there while your wife completes her education on F1 :)
I think the answer to your first two questions is in the above discussion. As for the third, I would personally wait to have the H-1B and H4 extensions approved, before applying for change from H4 to F1.
All this is doable because you can:
1) Use premium processing (2 weeks) for your new H1 and wife's extended H4 (at the same time). Note that you are legally allowed to pay the premium processing fee of $1000.
2) School doesn't start until the begining of July, which gives your wife enough time to change her status from H4 to F1.
Just so you know, your wife can attend school on H4 also. It helps to know this if the F1 doesn't go through. But, IMHO, it is better to be on F1 than H4 on any given day!
Good luck!
Ams
Hi,
My wife is on an H4 and we're planning to change her status to F1.
Now my H1, thus her H4 is up for renewal soon (I have another 3 yrs on my H1).
I will very soon be transferring my H1 to a new company.
I am worried about the implications this might have on the H4 to F1 transfer.
1] When my new company transfers the H1, will they also file for renewal? Or will they only transfer and later renew seperately.
2] Assuming that we change the current H4 to F1, then will we have to renew the F1 too when my wife's H4 is transferred (due to my H1 transfer).
3] Is it better to transfer to F1 from the current H4 , or wait for the new H4 for the transfer.
All advice/suggestion would be really appreciated.
Allow me to help you a bit here...
First of all, there is no such thing as a H-1B transfer. When you change jobs, the new employer files a "new petition" with the USCIS requesting that:
1) The new application should not be counted against the yearly H-1B cap.
2) Your current H-1B status be "extended" in the US
3) Your wife's H4 status be "extended" in the US
Only your wife's H4 status is dependent on your H-1B status. If your wife changes her status to F1, then your H-1B status has no bearing at all on her F1. You could even go back to your home country and stay there while your wife completes her education on F1 :)
I think the answer to your first two questions is in the above discussion. As for the third, I would personally wait to have the H-1B and H4 extensions approved, before applying for change from H4 to F1.
All this is doable because you can:
1) Use premium processing (2 weeks) for your new H1 and wife's extended H4 (at the same time). Note that you are legally allowed to pay the premium processing fee of $1000.
2) School doesn't start until the begining of July, which gives your wife enough time to change her status from H4 to F1.
Just so you know, your wife can attend school on H4 also. It helps to know this if the F1 doesn't go through. But, IMHO, it is better to be on F1 than H4 on any given day!
Good luck!
Ams
Hi,
My wife is on an H4 and we're planning to change her status to F1.
Now my H1, thus her H4 is up for renewal soon (I have another 3 yrs on my H1).
I will very soon be transferring my H1 to a new company.
I am worried about the implications this might have on the H4 to F1 transfer.
1] When my new company transfers the H1, will they also file for renewal? Or will they only transfer and later renew seperately.
2] Assuming that we change the current H4 to F1, then will we have to renew the F1 too when my wife's H4 is transferred (due to my H1 transfer).
3] Is it better to transfer to F1 from the current H4 , or wait for the new H4 for the transfer.
All advice/suggestion would be really appreciated.
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Sakthisagar
02-24 03:45 PM
Yes, and Yes I am married and have dependendts so H4 also. Yes April 2010,
You can extend it one week before, one thing you need to keep in mind, in some of the States, your Driver's Licence is as long as your H1 is valid, so that means you cannot legally drive any vehicle if your Driver's licence is expired, usually DMV never accepts receipts they want to see the approved I-797.
So there are some disadvantages if your visa expiry date is so close, usually people apply on Premium processing giving more Extension fees. Premium Processing USCIS have to answer you within 10 working days. at least you will get the RFE before 10 days.
You can extend it one week before, one thing you need to keep in mind, in some of the States, your Driver's Licence is as long as your H1 is valid, so that means you cannot legally drive any vehicle if your Driver's licence is expired, usually DMV never accepts receipts they want to see the approved I-797.
So there are some disadvantages if your visa expiry date is so close, usually people apply on Premium processing giving more Extension fees. Premium Processing USCIS have to answer you within 10 working days. at least you will get the RFE before 10 days.
raghureddy
03-18 06:03 PM
The reason they said was they are doing the back ground check on the company. But i am on the payroll from the same company since last 4years...
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gc_chahiye
07-29 11:42 AM
My son is an U.S citizen (4 years old) and my Attorney successfully filed a petion on behalf of me and mywife.
But that petion is based on EB2 :p
similar boat. Lets see what happens first: my own PD becomes current or my child manages to sponsor me. 18-20 years for either!
But that petion is based on EB2 :p
similar boat. Lets see what happens first: my own PD becomes current or my child manages to sponsor me. 18-20 years for either!
more...
abhijitp
01-25 02:42 PM
I am happy to inform all of you in NORCAL that the permit to conduct a signature/letter campaign at Fremont BART is with us!!!
NOTE: This cannot be used by another member at another station-- this is a non-transferrable permit SOLELY for the campaign at Fremont at the said times, but you can request a similar permit for any BART station!
Now, I need at least ONE other member to be there on a weekday evening of your choice (I am planning to go there EVERY weekday evening for 2 weeks) and help me conduct this campaign!
PLEASE.... this is the last call.. don't let us down!
NOTE: This cannot be used by another member at another station-- this is a non-transferrable permit SOLELY for the campaign at Fremont at the said times, but you can request a similar permit for any BART station!
Now, I need at least ONE other member to be there on a weekday evening of your choice (I am planning to go there EVERY weekday evening for 2 weeks) and help me conduct this campaign!
PLEASE.... this is the last call.. don't let us down!
sanjay02
12-12 12:49 PM
I have a dumb question, do they finger print you( similar to non-immigrant category) when you enter using AP?
more...
nousername
04-07 01:48 PM
Thanks for a quick explanation.. So basically we are hosed if we leave our employer on a bad note and he decides to use our labor for someone else.
Follow up questions:
1. If I understand this correctly then simply revoking the labor won't kill the I-485 application but the employer needs to substitute the original application for another employee.
2. Also, by pre-July 2007 you mean people who filed their labor or I-485 before July 2007, or both?
3. Will this affect people who applied (and approved) for their labor before July'07 but filed their I-485 during / after July'07 fiasco i.e. majority of IV members.
4. If people in point # 3 are not affected then are they off the leash?
Thanks.
In very basic terms.
If you have left your employer after filing AC21(140 approved and 485 pending for 180 days), your employer then revoked your 140 and used the original labor to file 140 for another person(substitution). Another person has applied for 485.
Then original applicant's 485 will be denied.....because AAO is saying One Labor can be used only for one Green Card....
Mind you this is all relates to pre July 2007.
Follow up questions:
1. If I understand this correctly then simply revoking the labor won't kill the I-485 application but the employer needs to substitute the original application for another employee.
2. Also, by pre-July 2007 you mean people who filed their labor or I-485 before July 2007, or both?
3. Will this affect people who applied (and approved) for their labor before July'07 but filed their I-485 during / after July'07 fiasco i.e. majority of IV members.
4. If people in point # 3 are not affected then are they off the leash?
Thanks.
In very basic terms.
If you have left your employer after filing AC21(140 approved and 485 pending for 180 days), your employer then revoked your 140 and used the original labor to file 140 for another person(substitution). Another person has applied for 485.
Then original applicant's 485 will be denied.....because AAO is saying One Labor can be used only for one Green Card....
Mind you this is all relates to pre July 2007.
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Ann Ruben
03-08 07:10 AM
Hi Prem,
Your sister will certainly be subject to greater scrutiny if she returns immediately to the US after an extended stay. Whether she is is ultimately admitted to the US or denied admission and sent back home really depends on several factors. First, can your sister persuasively demonstrate that she has strong ties to her home in India, to which she intends to return at the conclusion of her business trip? Next, can she document that she will be engaged in permissible B-1 activities of limited duration? And finally, on what side of the bed did the CBE officer wake up?
Your sister will certainly be subject to greater scrutiny if she returns immediately to the US after an extended stay. Whether she is is ultimately admitted to the US or denied admission and sent back home really depends on several factors. First, can your sister persuasively demonstrate that she has strong ties to her home in India, to which she intends to return at the conclusion of her business trip? Next, can she document that she will be engaged in permissible B-1 activities of limited duration? And finally, on what side of the bed did the CBE officer wake up?
more...
sobers
02-15 02:38 PM
http://www.miami.com/mld/miamiherald/13874198.htm
We all know about the McCain_Kennedy, Coryn-Kyl, and Hagel Senate bills. Apparently, Sen Frist, Majority Leader, is also compiling his own bill.
Not sure if this contains any EB-relief provisions, but it would certainly be an important, welcome, addition.
� The Frist Bill. Being prepared by Senate Majority Leader Bill Frist, R-Tenn. Aides say no decisions have been made on content. But sources say it may feature tougher immigration and border controls.
We all know about the McCain_Kennedy, Coryn-Kyl, and Hagel Senate bills. Apparently, Sen Frist, Majority Leader, is also compiling his own bill.
Not sure if this contains any EB-relief provisions, but it would certainly be an important, welcome, addition.
� The Frist Bill. Being prepared by Senate Majority Leader Bill Frist, R-Tenn. Aides say no decisions have been made on content. But sources say it may feature tougher immigration and border controls.
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asdqwe2k
04-19 10:02 AM
Job location does not matter, as long as it is mentioned that it will be the case in the Labour application.
All the desi consulting companies do that, so that their employees can work anywhere in USA...
All the desi consulting companies do that, so that their employees can work anywhere in USA...
more...
yabadaba
06-21 09:50 AM
we can only guess
i would assume cases that are not substitute labor, porting priotity date, cross chargeability, clear birth certificates, clear employer verification letter, no namecheck issues, no fingerprinting issues, etc
i would assume cases that are not substitute labor, porting priotity date, cross chargeability, clear birth certificates, clear employer verification letter, no namecheck issues, no fingerprinting issues, etc
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suresh.emails
01-23 11:34 AM
Well,
The following is the process to schedule parents visiting visa interview online (assuming both Mother and Father are above 45 years old)
1. Pay HDFC Visa fee for $131. If you have paid visa fee on or before December 31, 2007, then take a Demand Draft for $31 (eqv in INR) and present the same during the interview process.
2. Wait for 2 days to activate the bar code.
3. Fill the D-156 and D-157 forms online thru VFS website and wait for dates to show up. Remember such filled application will be valid for 7 days and meanwhile , if interview dates show up, then one can schedule interview.
4. The BEST TIME FOR interview dates check up is early morning 5 AM EST thru 7:30 AM EST. ( I did little research during my parents interview schedule).
5. Filling the D-156 and D-157 online does not mean that, they will be automatically submitted to US consulate. You have to take print out D-156 back to back and D-157 on single page. Then you sign and date the form (if you have filled it on behalf of your parents). Send the forms to parents. They also need to sign the forms.
6. Remember, one have to write applicant names in their NATIVE language (ex: Telugu/Tamil/Kannada etc..,) on 3'rd column of D-157 form.
7. Send notarized affidavit for support I-134 form.
8. All supporting documents
9. If your current H1-B visa is expired. then send your Receipt Notice/H1-B extension approved notice as a proof of your Current STATUS at USA.
10. If you have valid H1-B visa stamping, then send the same along with H1-B I-797 approval notice.
11. If you are on EAD/GC, send your copied of EAD/GC.
12. In case, if you are sponsoring your in-laws. Then send your suppose Date of Birth certificate, passport copies, marriage certificate along with your documents.
13. Educate your parents with all possible questions/answers they may face during the interview.
14. Advice your parents not to lie during the interview process. ask them to answer frankly.
Let me know if you need more information for visiting visa. I can/may answer all possible questions.
P.S: My parents got their visiting visa stamped during the second attempt.
The following is the process to schedule parents visiting visa interview online (assuming both Mother and Father are above 45 years old)
1. Pay HDFC Visa fee for $131. If you have paid visa fee on or before December 31, 2007, then take a Demand Draft for $31 (eqv in INR) and present the same during the interview process.
2. Wait for 2 days to activate the bar code.
3. Fill the D-156 and D-157 forms online thru VFS website and wait for dates to show up. Remember such filled application will be valid for 7 days and meanwhile , if interview dates show up, then one can schedule interview.
4. The BEST TIME FOR interview dates check up is early morning 5 AM EST thru 7:30 AM EST. ( I did little research during my parents interview schedule).
5. Filling the D-156 and D-157 online does not mean that, they will be automatically submitted to US consulate. You have to take print out D-156 back to back and D-157 on single page. Then you sign and date the form (if you have filled it on behalf of your parents). Send the forms to parents. They also need to sign the forms.
6. Remember, one have to write applicant names in their NATIVE language (ex: Telugu/Tamil/Kannada etc..,) on 3'rd column of D-157 form.
7. Send notarized affidavit for support I-134 form.
8. All supporting documents
9. If your current H1-B visa is expired. then send your Receipt Notice/H1-B extension approved notice as a proof of your Current STATUS at USA.
10. If you have valid H1-B visa stamping, then send the same along with H1-B I-797 approval notice.
11. If you are on EAD/GC, send your copied of EAD/GC.
12. In case, if you are sponsoring your in-laws. Then send your suppose Date of Birth certificate, passport copies, marriage certificate along with your documents.
13. Educate your parents with all possible questions/answers they may face during the interview.
14. Advice your parents not to lie during the interview process. ask them to answer frankly.
Let me know if you need more information for visiting visa. I can/may answer all possible questions.
P.S: My parents got their visiting visa stamped during the second attempt.
more...
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Green_Print
08-01 01:10 PM
I would say some imagination fused with wishful thinking :D
Is it just your imagination or did you base this on any source.
Is it just your imagination or did you base this on any source.
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prem_goel
12-02 11:25 PM
Just for updating everyone, I got my stamping done successfully at Tijuana. They give the passport next day as expected, so just make sure to make the arrangement for the night. It's pretty cool for H-1B people both for full-time plus contractors, albeit for contractors they sometimes will call/e-mail your employer to verify. It will usually happen in a day or two and they'll issue the visa then. Let me know if anyone wants any particular details on Tijuana/H-1B stamping there.
more...
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scorpion00
10-06 02:43 PM
Hi Manish,
I hope everything goes well with you.
Did the officials call you or come to see you in person?
I hope everything goes well with you.
Did the officials call you or come to see you in person?
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kumjay
06-28 03:58 PM
Didn't you earn all the dollars in this country? Then where is the pain man? Remember Geeta --- Jo liye Yehin pe liye, Jo diya yahin pe diya (Whatever I got I got here, Whatever I gave, I gave here)....so think that and write checks to Lawyer, Doctor, USCIS. I hope Geeta will reduce your pain.
more...
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vicks_don
04-18 03:04 PM
thanks felix 31.
I filed it last year oct in VSC. got an rfe last month. i haven't received any case transfer notice. I am planning to answer rfe to VSC. My recepit number starts with EAC.
just one question.
when you said it was filed with NSC and now transfered to TSC. apart from the recipt from NSC that your case is transfered what else could tell us that the case is transfered..like
a) does the receipt number change
b) when we input the previous number in uscis.gov does it say that your case has been transfered.
Thanks for your reply.
I filed it last year oct in VSC. got an rfe last month. i haven't received any case transfer notice. I am planning to answer rfe to VSC. My recepit number starts with EAC.
just one question.
when you said it was filed with NSC and now transfered to TSC. apart from the recipt from NSC that your case is transfered what else could tell us that the case is transfered..like
a) does the receipt number change
b) when we input the previous number in uscis.gov does it say that your case has been transfered.
Thanks for your reply.
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inUSA2000
01-31 02:11 PM
Get your degree evaluated by WES http://www.wes.org. or http://www.trustfortecorp.com/cou_evaluations.html
They will do a course by course evaluation and will let you know if your degree is equivalent to 4 year US degree. I am not sure if they will evaluate aptech one but try it out. Keep this copy with you and incase you get a RFE, answer it with this report. There is high chances that it will be approved.
I am surprised how your attorney did not do this before submitting the application.
GOOD luck
They will do a course by course evaluation and will let you know if your degree is equivalent to 4 year US degree. I am not sure if they will evaluate aptech one but try it out. Keep this copy with you and incase you get a RFE, answer it with this report. There is high chances that it will be approved.
I am surprised how your attorney did not do this before submitting the application.
GOOD luck
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blacktongue
01-20 11:32 AM
Any EB3 here?
Famous American Immigrants � Immigration Update (http://immigrationupdate.wordpress.com/famous-american-immigrants/)
Famous American Immigrants � Immigration Update (http://immigrationupdate.wordpress.com/famous-american-immigrants/)
iad2ead
02-10 05:56 PM
Weigh in with % raise and take decision. If its around 15%-20% raise with
good benefits etc then move..
cheers
Iad
good benefits etc then move..
cheers
Iad
Desertfox
11-09 05:33 PM
Is it possible to change this thread title to "Indian doctors win legal battle in UK"??
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