micofrost
09-05 10:48 PM
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 ?
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 ?
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.
Thanks
1. You need to file Change Of Status, I-539.
2. She can go back to H1 any time. It won't be counted against the new quota. Her H4 period won't be counted against her H1 period.
3. It doesnt have to be stampled unless she goes out of the country. Otherwise, during applying H1 for second time, she need to show her H4 status(I797 with H4), which she will get once her I539 is approved.
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 ?
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 ?
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.
Thanks
1. You need to file Change Of Status, I-539.
2. She can go back to H1 any time. It won't be counted against the new quota. Her H4 period won't be counted against her H1 period.
3. It doesnt have to be stampled unless she goes out of the country. Otherwise, during applying H1 for second time, she need to show her H4 status(I797 with H4), which she will get once her I539 is approved.
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m306m
04-15 02:23 PM
My wife has ITIN till last year and we filed jointly. This year she has a social security number and we filed using social security number. Return was rejected by IRS saying that my wife's last year's AGI is wrong. Has anyone run into this ? What was the resolution ?
This happened to me as well. The efile will fail because of the switch from ITIN to SSN. I then did not efile my taxes instead mailed it to the IRS. Next year you should be able to efile since the record is straight with the IRS.
This happened to me as well. The efile will fail because of the switch from ITIN to SSN. I then did not efile my taxes instead mailed it to the IRS. Next year you should be able to efile since the record is straight with the IRS.
Ann Ruben
01-29 11:23 PM
Thomson,
I think you should probably consult a good local immigration attorney who should have some access to the IO or his supervisor so that the AOS is not improperly denied. I don't know how useful an infopass appointment would be. That can vary greatly from office to office.
If the AOS is denied, you can refile or you can file a motion to reconsider. There are significant filing fees for both, as well as delay.
I think you should probably consult a good local immigration attorney who should have some access to the IO or his supervisor so that the AOS is not improperly denied. I don't know how useful an infopass appointment would be. That can vary greatly from office to office.
If the AOS is denied, you can refile or you can file a motion to reconsider. There are significant filing fees for both, as well as delay.
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indianabacklog
01-28 01:58 PM
I am sorry to hear you are still wading through the labor cert stuff. Mike Delph has little or no knowledge of how the immigration system works. My family and I found this out over six years ago when he worked for Dan Burton.
Wishing you all the best.
Wishing you all the best.
more...
iamvenkat
06-20 04:14 PM
I got my i-140 copy and I changed employer. now it is good that we can file 485 without help of employer, how do we make sure that previous employer revoked or cancelled my 140?
Please clarify. your help would be much appriciated.
Please clarify. your help would be much appriciated.
manishi
11-18 03:46 PM
Thank you all for explaining me . I now got an idea why still people look at PD's even though they applied for I-485.
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meet
08-28 10:16 AM
Hello,
Just getting tensed, bcos I have cleared some of the interviews but the middle vendor are not ready to provide me with Client Letter which is required for my H1 extension as told my Visa sponsoring Company. The middle vendor will be providing with a Work Order.
-What are the chances of getting H1 approval without having Client letter?
-Will work order sufficient document to show INS that the client is requiring me for their project? Or will there be any RFE for it?
- if there are more that 2 middle layers (e.g. my company -> middle vendor A -> middle vendor B -> Client) , does INS require letter from every layeri.e. from A and B company ?
Please let me know about it. thanks in advance.
Meet
Just getting tensed, bcos I have cleared some of the interviews but the middle vendor are not ready to provide me with Client Letter which is required for my H1 extension as told my Visa sponsoring Company. The middle vendor will be providing with a Work Order.
-What are the chances of getting H1 approval without having Client letter?
-Will work order sufficient document to show INS that the client is requiring me for their project? Or will there be any RFE for it?
- if there are more that 2 middle layers (e.g. my company -> middle vendor A -> middle vendor B -> Client) , does INS require letter from every layeri.e. from A and B company ?
Please let me know about it. thanks in advance.
Meet
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yestogc
03-06 01:34 AM
In India, as of this day only Rs 1L is secured if a bank fails ............... isn't that way too low.
http://www.dicgc.org.in/GuideToDepositInsuranceInIndia.htm#q3
http://www.dicgc.org.in/GuideToDepositInsuranceInIndia.htm#q3
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ONEMOREGCSEEKER
07-15 07:07 PM
rpat1968,
I am also seems to be in same situation. Can you please share if you were able to resolve this issue and how?
Thanks in advance.
I am also seems to be in same situation. Can you please share if you were able to resolve this issue and how?
Thanks in advance.
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sunny1000
10-10 01:35 AM
The reason is faulty data uscis and dos has been publishing.
And now to fix the issue "releasing faulty data" the solution they have implemented is "not publish the data" :)
You are correct..If you compare the 10/1/10 485 inventory and the one given by DOS for the Chinese EB3 lawsuit (posted in another thread by Sandy Anand), they don't match either.
And now to fix the issue "releasing faulty data" the solution they have implemented is "not publish the data" :)
You are correct..If you compare the 10/1/10 485 inventory and the one given by DOS for the Chinese EB3 lawsuit (posted in another thread by Sandy Anand), they don't match either.
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Pegasus503
11-28 08:55 AM
Focus on the core issues (if you care), not on extraneous stuff. For petes sake, it is already approved, seems like most of us are only focussed on our own backs or riding on others.
cygent I disagree with you.
this journey for me started 5 years ago, at this stage I'll take whatever piece of information, trend or experience I can get to better understand the process.
lets be honest, USCIS have been less than helpful in providing updates and many lawyers are as lost as we are
so I'll take whatever extraneous stuff I can get, not just to understand my case, but to see the trends with other people too
cygent I disagree with you.
this journey for me started 5 years ago, at this stage I'll take whatever piece of information, trend or experience I can get to better understand the process.
lets be honest, USCIS have been less than helpful in providing updates and many lawyers are as lost as we are
so I'll take whatever extraneous stuff I can get, not just to understand my case, but to see the trends with other people too
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micofrost
07-12 11:46 AM
As reported by immigration-law , is this the guy who screwed us,uscis and dos and created this fiasco
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nrk
04-09 05:53 PM
congrats
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saimrathi
07-24 11:22 AM
I think all it is saying is that you need to submit the approved labor certification application with your i-140/485 concurrent application, as far as i can remember my lawyer sent in my approved labor cert appli with my concurrent filing appli.. although please check with ur lawyer...
This is FAQ from USCIS website:
Q1: Will USCIS reject a concurrently filed EB I-140/I-485 case if it is lacking a required Labor Certification?
A1. USCIS will not accept an I-140 based on a required labor certification application if the approved labor certification application is not submitted in connection with the filing. USCIS will not accept a concurrently filed Form I-485 if the required Form I-140 is rejected for lack of an approved labor certification application.
-----------------------------------------------
Anyone knows what that means? I have filed 140/485 concurrently on July 2nd 2007. However, I never received original LC document and my lawyer said it is okay to file 140 without original LC document, USCIS will collect it from DOL. Do you think this will affect me?
Thanks
This is FAQ from USCIS website:
Q1: Will USCIS reject a concurrently filed EB I-140/I-485 case if it is lacking a required Labor Certification?
A1. USCIS will not accept an I-140 based on a required labor certification application if the approved labor certification application is not submitted in connection with the filing. USCIS will not accept a concurrently filed Form I-485 if the required Form I-140 is rejected for lack of an approved labor certification application.
-----------------------------------------------
Anyone knows what that means? I have filed 140/485 concurrently on July 2nd 2007. However, I never received original LC document and my lawyer said it is okay to file 140 without original LC document, USCIS will collect it from DOL. Do you think this will affect me?
Thanks
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lelica32
07-30 07:15 PM
NSC: LUD 7/27/2008 I-140
EB3 Germany PD 4/30/2007, Reciept notice 8/20/2007
EB3 Germany PD 4/30/2007, Reciept notice 8/20/2007
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vxg
09-17 11:48 PM
Hi, My wife and I received three emails each regarding 485 approval ("notice mailed welcoming new permanent resident," "CPO ordered," and "approval notice sent") on 9/8. My wife received her "welcome notice" and the card itself within a few days. But I have not received either yet.
1. I know the CPO email says wait 30 days, but given that my wife has already received hers, I suspect that mine was either sent to an incorrect address or there's some other hold up. Anyone else in a similar situation? Any thoughts/ideas/suggestions?
2. I guess I can wait 30 days and then apply for a replacement card with an I-90 (for which the current processing time is 3.5 months). How can I travel internationally in the interim? If anyone is aware, please let me know; I am trying to have a plan in place, in case an emergency arises.
Per my lawyer stamp is risky as it can be forged. carry your GC approval notice with you if you have it else have it fedex to you. Carry an advance parole if you have one valid. I suggest travel only if emergency else avoid.
1. I know the CPO email says wait 30 days, but given that my wife has already received hers, I suspect that mine was either sent to an incorrect address or there's some other hold up. Anyone else in a similar situation? Any thoughts/ideas/suggestions?
2. I guess I can wait 30 days and then apply for a replacement card with an I-90 (for which the current processing time is 3.5 months). How can I travel internationally in the interim? If anyone is aware, please let me know; I am trying to have a plan in place, in case an emergency arises.
Per my lawyer stamp is risky as it can be forged. carry your GC approval notice with you if you have it else have it fedex to you. Carry an advance parole if you have one valid. I suggest travel only if emergency else avoid.
more...
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sweet_jungle
10-23 11:52 PM
[QUOTE=gcobsessed;298830]My understanding from my lawyer is that a person's intent while filing GC should be that he will work in that position "indefinitely". So, if intent changes before the application is approved, then one might argue that the application itself should be withdrawn or is invalid.
if employer has not withdrawn 140 and EVL was sent with initial 485 application packet, USCIS generally does not send any job related RFE. Assuming employee has worked for sponsoring employer for quite sometime and waited long enough after 485 was filed, I do not see how intent can be questioned. After this, it is natural for intent to change.
if employer has not withdrawn 140 and EVL was sent with initial 485 application packet, USCIS generally does not send any job related RFE. Assuming employee has worked for sponsoring employer for quite sometime and waited long enough after 485 was filed, I do not see how intent can be questioned. After this, it is natural for intent to change.
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getta05
03-30 07:47 AM
I am on L2 visa. You dont need to have to have a GC with L2?
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mps
05-28 10:26 AM
Hi,
After reading about the pro's and cons of EAD e-file and paper based. I found that when you paper file I765, you DONOT get a fingerprinting notice and you DONT need to give FP. You will get your EAD directly. With e-file you dont send in the photos but u will have to go do the fingerprints and photo taken..
Can anyone confirm this?
Thanks.
I can confirm this based on recent chat with my attorney. Attorney e-filed my EAD without any photographs and I have already got FP notice in mail.
After reading about the pro's and cons of EAD e-file and paper based. I found that when you paper file I765, you DONOT get a fingerprinting notice and you DONT need to give FP. You will get your EAD directly. With e-file you dont send in the photos but u will have to go do the fingerprints and photo taken..
Can anyone confirm this?
Thanks.
I can confirm this based on recent chat with my attorney. Attorney e-filed my EAD without any photographs and I have already got FP notice in mail.
saibaba
12-09 10:50 PM
thanq hankles
reverendflash
10-21 03:59 AM
Life is like a big bowl of Jelli-Bellys...
reach in, grab a handful, and make your own flavors!
:P
Rev:elderly:
reach in, grab a handful, and make your own flavors!
:P
Rev:elderly:
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