amitga
03-21 10:38 AM
Please see my answers below.
I'm on H4. I have got an offer from a company and they will do my H1
I have few questions
1)How easy it is to transfer H1's to another company? What documents I need?
The process of trasfer is same as applying new H1. Only thing you need paystubs from the existing employer to trasfer H1.
2)Is it possible to convert back to h4? I have 2 kids so I might have to convert back to H4 from h1 if I cannot take the stress.
what documents do I need?Do I need to go out of US for this?
H1 to H4 trasfer is also possible, but again pay stubs are required.
3)Once back on H4, and in future If I want to get back on h1, Am I subject to cap?
Yes you will be subject to cap.
I'm on H4. I have got an offer from a company and they will do my H1
I have few questions
1)How easy it is to transfer H1's to another company? What documents I need?
The process of trasfer is same as applying new H1. Only thing you need paystubs from the existing employer to trasfer H1.
2)Is it possible to convert back to h4? I have 2 kids so I might have to convert back to H4 from h1 if I cannot take the stress.
what documents do I need?Do I need to go out of US for this?
H1 to H4 trasfer is also possible, but again pay stubs are required.
3)Once back on H4, and in future If I want to get back on h1, Am I subject to cap?
Yes you will be subject to cap.
willgetgc2005
03-22 07:37 PM
Sent to my Attorney.
smuggymba
09-30 03:04 PM
mods - please delete
wellwishergc
07-13 02:19 PM
got it, sonu. Thanks; clear as water now!
skp71, please treat the posting by Sonu as the final word on your case!; However, as he indicated consult your attorney becuase there may be additional details of your case which may not know while providing you feedback.
EAD and AP are benefits due to AOS pending. They are not status by itself. Thus it is optional while filing 485. Once you file 485, you are automatically in legal status to stay in US. H4 status enables you to reentry to US. Similarly, if you loose H4 for some reason ( like in Ur case), AP will allow your spouse to reenter USA.
Please consult an attorney.
skp71, please treat the posting by Sonu as the final word on your case!; However, as he indicated consult your attorney becuase there may be additional details of your case which may not know while providing you feedback.
EAD and AP are benefits due to AOS pending. They are not status by itself. Thus it is optional while filing 485. Once you file 485, you are automatically in legal status to stay in US. H4 status enables you to reentry to US. Similarly, if you loose H4 for some reason ( like in Ur case), AP will allow your spouse to reenter USA.
Please consult an attorney.
more...
Arjun
05-05 05:41 PM
Please do something to change it or try delete/add. :o
go_guy123
05-18 10:12 AM
How much time is it taking to get PR. Is it 3 years?
uma001...they is a forum for canada immigration in britishexpats.com.
You will get latest timeline data from US. I think it is around 1.5 years now.
fatboysam...Canada immigration is very straightforward.
There is not need for lawyers/agents etc. In my opinion it is better to do yourself.
My observation with lawyers/agents is that they sometimes oversell chances to sign in new contracts and then come up with fine prints etc and put indirect pressure to fudge things.
uma001...they is a forum for canada immigration in britishexpats.com.
You will get latest timeline data from US. I think it is around 1.5 years now.
fatboysam...Canada immigration is very straightforward.
There is not need for lawyers/agents etc. In my opinion it is better to do yourself.
My observation with lawyers/agents is that they sometimes oversell chances to sign in new contracts and then come up with fine prints etc and put indirect pressure to fudge things.
more...
pappu
05-28 03:11 PM
I think this is system account which go and read blogs from different sites. No body reads your comment. Please donot waste time on those system automated message.
You can post comments.
We are trying to pull helpful blog comments from Lawyers in one place for our members. Members can then discuss those issues, updates etc on these threads.
You can post comments.
We are trying to pull helpful blog comments from Lawyers in one place for our members. Members can then discuss those issues, updates etc on these threads.
WeShallOvercome
07-23 03:36 PM
yellow :D
My lawyer is not telling me the color of the envelope.
Will my application be rejected ? :D :D :D
My lawyer is not telling me the color of the envelope.
Will my application be rejected ? :D :D :D
more...
rbalaji5
03-02 07:53 PM
I was in a similar situation, I got my I-94 renewed by went into the U.S - Mexico border near San Diego on 02/28/2009. It is the simplest way to get your new I-94 if you are near Mexico border.
EADQuestion
08-14 12:21 AM
My EAD expiring on September 9th, 2010. I applied June 16th 2010, Notice date 23rd June 2010.
I have not received anything so far. I have India travel planned on August 27th.
My worry is if I receive Finger printing notice when I am in India, what will I do?
USCIs expedite request denied because 75 days not over yet.
What are my options? Losing my sleep over this. Pls answer..
I have not received anything so far. I have India travel planned on August 27th.
My worry is if I receive Finger printing notice when I am in India, what will I do?
USCIs expedite request denied because 75 days not over yet.
What are my options? Losing my sleep over this. Pls answer..
more...
LostInGCProcess
10-16 05:13 PM
One of my friends got B1 Visa(business visa, it�s valid for 10 years) through a company AAA in January 2008, still he is working for the same company in India, till now he didn't use his B1.
He applied H1-B through a company BBB, recently he received all his H1-B documents, his H1-B company suggested him to come to U.S on B1 and they want to file an amendment to change his status to H1 after coming to US.
My friend want to resign the company in this month and he want to go for training after resigning his job, it will take 2 months for completing the training.
He is planning to come to U.S in February 2009 on B1.
Could any one please help us with your valuable suggestions for the following questions?
Is it possible to come to U.S on B1 even after resigning the job?
Is there any possibility that the company revoke his B1?
What are the documents required to come to U.S on B1?
Thanks in Advance
Do the right thing. Don't try to find a loophole.
He applied H1-B through a company BBB, recently he received all his H1-B documents, his H1-B company suggested him to come to U.S on B1 and they want to file an amendment to change his status to H1 after coming to US.
My friend want to resign the company in this month and he want to go for training after resigning his job, it will take 2 months for completing the training.
He is planning to come to U.S in February 2009 on B1.
Could any one please help us with your valuable suggestions for the following questions?
Is it possible to come to U.S on B1 even after resigning the job?
Is there any possibility that the company revoke his B1?
What are the documents required to come to U.S on B1?
Thanks in Advance
Do the right thing. Don't try to find a loophole.
ajp5
10-20 01:36 AM
Thx for response.
I understand I need a job for H1 extension, but what I am asking is if we need W2 for H1 extension. Any one?
You might need it.....you might not..When it comes to USCIS even God will not be able to predict. They might issue an RFE, might not. However, if you are with a bodyshopper and in IT I believe its common nowadays for USCIS to ask for 2 years W2s and recent paystubs to make sure you have maintained H1b Status.
6+ months without paystubs - you should be ready to explain if they ask. I empathize with your situation. Running payroll taxes for an entire year is crazy...approx 20k..not to mention "ILLEGAL". My suggestion - try and find a project asap. Do what you think needs to be done.......Dont loose sleep over something you cannot predict. Everyone needs a break and you might get yours sooner than you think. Hang on..........ATB.
I understand I need a job for H1 extension, but what I am asking is if we need W2 for H1 extension. Any one?
You might need it.....you might not..When it comes to USCIS even God will not be able to predict. They might issue an RFE, might not. However, if you are with a bodyshopper and in IT I believe its common nowadays for USCIS to ask for 2 years W2s and recent paystubs to make sure you have maintained H1b Status.
6+ months without paystubs - you should be ready to explain if they ask. I empathize with your situation. Running payroll taxes for an entire year is crazy...approx 20k..not to mention "ILLEGAL". My suggestion - try and find a project asap. Do what you think needs to be done.......Dont loose sleep over something you cannot predict. Everyone needs a break and you might get yours sooner than you think. Hang on..........ATB.
more...
nivasch
11-22 05:27 PM
Arnet
better check with your immigration attroney for your situation.
It is better to have all visa related documents including I-797, LCA, I-129, passport, w-2, pay stubs, current company employment letter, appointment letter, resume, bank financial statements, work experience letters, etc. call the consulate and verify the reqd docs before you go.
regd AP, if your previous visa stamping is expired in passport then it is better to have AP when you go outside country for visa stamping. just incase if any problems with your paper and if they didnt stamp, atleast you can use AP to enter US. If previous visa is not expired you can come back to US using that at port of entry and you can go back and get stamping later. better check with your immigration attroney for your situation.
If you use AP, you should use EAD to work. You cannot use H1 unless if you get H1 stamped in your passport OR if you have already stamped, you need to re-enter US using H1 at port of entry (but either case, you need to go outside US and enter).===>I Just want to input my exp.. here , i am using my AP ( i used Twice as of now) and still working on H1. Only thing is i am still with same employer, who filled my GC and recently i got my 3 year H1 Extension also.
also staying in H1 is better compared to working in EAD (if AP used at port of entry) because if I-485 is denied in future, you will be considered as "out of status" when you are in EAD and you can't file for another I-485 because you are out of status (unless if you come under certain USCIS relaxations you can file again). But in H1 even if I-485 is denied, atleast you can file another I-485 because you are in status.
some say if your GC is approved when you are out of country, then you need to use AP ONLY to enter US as they say H1 wont be valid if GC is approved but I'm not sure abt this.
good luck.
better check with your immigration attroney for your situation.
It is better to have all visa related documents including I-797, LCA, I-129, passport, w-2, pay stubs, current company employment letter, appointment letter, resume, bank financial statements, work experience letters, etc. call the consulate and verify the reqd docs before you go.
regd AP, if your previous visa stamping is expired in passport then it is better to have AP when you go outside country for visa stamping. just incase if any problems with your paper and if they didnt stamp, atleast you can use AP to enter US. If previous visa is not expired you can come back to US using that at port of entry and you can go back and get stamping later. better check with your immigration attroney for your situation.
If you use AP, you should use EAD to work. You cannot use H1 unless if you get H1 stamped in your passport OR if you have already stamped, you need to re-enter US using H1 at port of entry (but either case, you need to go outside US and enter).===>I Just want to input my exp.. here , i am using my AP ( i used Twice as of now) and still working on H1. Only thing is i am still with same employer, who filled my GC and recently i got my 3 year H1 Extension also.
also staying in H1 is better compared to working in EAD (if AP used at port of entry) because if I-485 is denied in future, you will be considered as "out of status" when you are in EAD and you can't file for another I-485 because you are out of status (unless if you come under certain USCIS relaxations you can file again). But in H1 even if I-485 is denied, atleast you can file another I-485 because you are in status.
some say if your GC is approved when you are out of country, then you need to use AP ONLY to enter US as they say H1 wont be valid if GC is approved but I'm not sure abt this.
good luck.
diptam
08-13 11:18 AM
Thanks for the update - Lets give them 1 more week for clearing July 2nd.
They are human beings too like us.
By the way 765 they say compliant till 7/2 which means individually filed 765 not the 765 which was sent with 485 package - Right ?
Thanks!
Here is the update we were expecting to see on Aug 10th and now available (be first one to see): http://www.uscis.gov/files/pressrelease/ReceiptingTimes081007.pdf
I-140(8/3) I-485(8/3)
NSC 7/1 7/1
TSC 7/30 6/26
I-140(8/10) I-485(8/10)
NSC 7/1 7/1
TSC 7/31 6/28
NSC no progress at all
TSC 1day for I-140 & 2days fro I-485
PS: None of the centers entered in Jul 2nd....can't imagine the delays after they enter Jul 2nd....mass number of applications....
They are human beings too like us.
By the way 765 they say compliant till 7/2 which means individually filed 765 not the 765 which was sent with 485 package - Right ?
Thanks!
Here is the update we were expecting to see on Aug 10th and now available (be first one to see): http://www.uscis.gov/files/pressrelease/ReceiptingTimes081007.pdf
I-140(8/3) I-485(8/3)
NSC 7/1 7/1
TSC 7/30 6/26
I-140(8/10) I-485(8/10)
NSC 7/1 7/1
TSC 7/31 6/28
NSC no progress at all
TSC 1day for I-140 & 2days fro I-485
PS: None of the centers entered in Jul 2nd....can't imagine the delays after they enter Jul 2nd....mass number of applications....
more...
1.jpg "Teachers Day Quotes: Famous")
gg_ny
04-07 04:59 PM
Can we get an appointment with the President and explain the problems faced by EB immigrants
Since the 43rd is counting weeks now, may be, one might want talk to all of the three 44-wannabes to extract a promise/create awareness in them and to prime them in advance.
Since the 43rd is counting weeks now, may be, one might want talk to all of the three 44-wannabes to extract a promise/create awareness in them and to prime them in advance.
sammyb
02-26 10:48 AM
Middle of 2009 we had issue (denial) with my wife's I485 and after MTR failed I contacted the local Senator's office ... it took around 6 months to finally turn the ball and revise USCIS's earlier decision of denying the application - it was a case where we followed the process and was penalized because of technical reason by USCIS ...
So at the end who ever you contact - this process takes time and again again the senator's office said they can only raise points with USCIS and ask them to review their prior decision - they can't say 'this looks fine pls approve ...'
hope this helps ....
Well, I just wanted to throw this out there, since I did not get any definite answer from any forums.
When in need for I-485 issues, who is better to contact - Congressman or Senator.
I just want to know the pros and cons of each and maybe this analysis will help others down the line.
Points to note are:
1. There are more congressman in a particular state than senators. There are only 2 senators in a state.
2. Senators are more powerful than congressman (not sure that this power applies for talking to USCIS or not)
3. Senators and congressman have different terms in office. Hence is it better to contact someone who is going to stay longer, or someone who is up for election soon and hence may help.
4. For a particular USCIS case, can we contact both congressman and senator at the same time. Is this good.
Can members throw some light on this based on their prior experience and based on their knowledge.
Thanks in advance.
So at the end who ever you contact - this process takes time and again again the senator's office said they can only raise points with USCIS and ask them to review their prior decision - they can't say 'this looks fine pls approve ...'
hope this helps ....
Well, I just wanted to throw this out there, since I did not get any definite answer from any forums.
When in need for I-485 issues, who is better to contact - Congressman or Senator.
I just want to know the pros and cons of each and maybe this analysis will help others down the line.
Points to note are:
1. There are more congressman in a particular state than senators. There are only 2 senators in a state.
2. Senators are more powerful than congressman (not sure that this power applies for talking to USCIS or not)
3. Senators and congressman have different terms in office. Hence is it better to contact someone who is going to stay longer, or someone who is up for election soon and hence may help.
4. For a particular USCIS case, can we contact both congressman and senator at the same time. Is this good.
Can members throw some light on this based on their prior experience and based on their knowledge.
Thanks in advance.
more...
sam_austin77
12-30 09:30 PM
Thanks a lot. This helps me.
Now for this EAD, should I go thru an attorney or do it myself by the USCIS website.
you need to use EAD since you were on L1 and that cant be transferred to your new employer.
Other than that you need:
- I-140 to be approved*
- 180 dyas to pass from your I-485 receipt date.
*strictly speaking if I-140 was "approvable" at that 180 day mark, you are all set, but its safest to wait for it to be approved.
Now for this EAD, should I go thru an attorney or do it myself by the USCIS website.
you need to use EAD since you were on L1 and that cant be transferred to your new employer.
Other than that you need:
- I-140 to be approved*
- 180 dyas to pass from your I-485 receipt date.
*strictly speaking if I-140 was "approvable" at that 180 day mark, you are all set, but its safest to wait for it to be approved.
chanduv23
02-14 04:39 PM
This is awesome. I wish I went to Medical school like most of my cousins..too late now
I wished too :), though i am happy helping Paskal in his efforts now :)
I wished too :), though i am happy helping Paskal in his efforts now :)
kevinkris
07-10 05:33 PM
Hi,
My friend has this scenario and want expert advise from IV members.
- On L1 for 3 1/2 years and H1 for 2 years 3 months. About to complete 6
years in 3 months.
- Filed Labor (approved. PD Aug 2004 EB3), I140 (applied in May 2007) and
I485 (July fiasco)
- I140 still pending
Question:
1. Does L1 period is counted for H1 extention?
2. Can he do H1 transfer using AC21 without I140 approval?
As 6 years are going to be expired?
3. What if the old employer revokes his I140 now? His GC process is invalid?
4. If we leave about GC, Can he do H1 transfer atleast?
Thanks for your valuable suggestions.
My friend has this scenario and want expert advise from IV members.
- On L1 for 3 1/2 years and H1 for 2 years 3 months. About to complete 6
years in 3 months.
- Filed Labor (approved. PD Aug 2004 EB3), I140 (applied in May 2007) and
I485 (July fiasco)
- I140 still pending
Question:
1. Does L1 period is counted for H1 extention?
2. Can he do H1 transfer using AC21 without I140 approval?
As 6 years are going to be expired?
3. What if the old employer revokes his I140 now? His GC process is invalid?
4. If we leave about GC, Can he do H1 transfer atleast?
Thanks for your valuable suggestions.
lalithkx
04-22 04:02 PM
Worried that my dates will become current and no I140 approval in sight
EB2
PD 04-27-2004
RD at NSC 07-24-2007
ND at TSC 09-14-2008
I-140 Status pending
EB2
PD 04-27-2004
RD at NSC 07-24-2007
ND at TSC 09-14-2008
I-140 Status pending
gcformeornot
12-06 12:24 PM
case transfered from CSC to NSC. See signature for details.
