Friday, June 24, 2011

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  • sduddukuri
    02-23 08:27 PM
    I have applied for renewal of H1b and H4 by premium processing on 10-Jan-2010 based on pending green card. I got an RFE for my H1b for which my employer replied on 10-Feb-2010. My H1b got approved where as my wifes H4 got rejected on 22-Feb-2010. Still waiting for denial letter from USCIS. My wifes I-94 got expired on 11-Feb-2010. So is she out of status since 11-Feb-2010. What are my options. Is it better to re-open (MTR) case or go to india and re apply for H4. how is this out of status going to affect her chances of getting renewd in India or her green card application. Any other ideas. Please help.




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  • mdipi
    11-01 07:39 PM
    input?




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  • mundada
    09-05 04:54 PM
    no you do not have to wait.




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  • FredG
    March 3rd, 2004, 05:39 PM
    I like the composition just the way it is.
    Fred



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  • hibworker
    09-22 03:18 PM
    Starting EB2 process will be the same as EB3 process. Your company should have a position open that requires atleast Masters degree or Bachelor + 5 years experience. They'll have to go through recruitment process and document that no US citizen or PR was available to fill the position and then file PERM.

    Your EB3 applicaiton will not be affected by this new application.

    The whole process upto I-140 may cost $10k-15k




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  • pointlesswait
    09-10 09:16 AM
    find another job..and restart ur GC..
    apply for perm...by the time it gets approved..u may be eligible for 140 premiuim..as per the new rule...

    but there is a catch...your labor shoudl be in process for atleast a year..for you to apply for H1 extension....hmmm...Gurus on this board may shed some light on it...

    i think you are cutting it tooo close..pal!



    Currently on H1B 8th year extension which will expire on 25th June, 2009.

    Labor PD: 9th August, 2004
    Labor cleared: 11th September, 2007.
    I-140 (approval pending) filed on 4th October, 2007. Received at USCIS on 5th October, 2007.
    Can�t file for I-485 since the EB3 date for India is unavailable.

    There is a high chance that I might be laid off at my current employer in the next 2-3 weeks.

    Can I transfer my H-1 upto June 25th, 2009 (or later) as well as start a new PERM case in EB2 category?

    In case of the above H-1 transfer, will the new H-1 be valid for 1 year from the filing or will it be upto 25th June, 2009?

    What are my other options not to go out of status or leave the country?



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  • samcam
    05-19 03:56 PM
    Welcome to our newest member, gmpa

    I think I missed a couple of you..




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  • raajpagare
    04-09 05:00 PM
    This question put me to shame. We are trying to become US citizens and we do not even know Havaii is a US state.

    I am not sure what purpose do we serve by being rude to somebody on the forum. People might not be as savvy about immigration as some of the regulars here and it never hurts to ask.

    From my owen experience, I went to Puerto Rico and everybody told me you dont need a passport to go there. While boarding the plane back from PR, a couple of CBP guys acame and started asking everybodies citzenship and then asked me to show them the visa. So it never hurts to be safe, even when u are travelling to a remote state or territory.



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  • Jaime
    09-12 11:18 AM
    You can modify the person's name for privacy, but keep the facts of his/her struggle




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  • mamunda
    07-17 07:09 PM
    I am from Africa..my Priority date is 9-2004 - Labor, and I 140 approved. havent filed the 485 yet - But i guess I will....So my question was if i get married like in Dec or so...can i apply for the GC for my wife...Thanks! Cheers..Just joined today.....this site rocks!

    Ps how do i post like a new topic without replying... and I am on h 1 b paper only..not stamped in passport..exp 6-2009



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  • Axilleus
    11-01 11:26 AM
    It is getting close. Card Production email received on 10/24/07 but I am still waiting for my EAD. Supposed to start working on Monday.....




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  • roseball
    04-02 12:19 PM
    Hi All,
    My Wife�s I-94 expired on Jan 15, 2010 and I did not know that I had to apply for her H4 extension while applying for my H1B extension under regular processing on March 1, 2010.My employer also forgot to apply for H4 extension. Now that, it�s been more than 2 months with the I-94 expired, Can you please let me know what options I have to resolve this issue?

    1.Can I upgrade my H1 Processing to Premium and add the H4 processing to it, so that both H1 and H4 are processed simultaneously?
    2.If adding H4 while upgrading H1 to premium is not possible, Should I just upgrade my H1 to Premium so that I can know the results soon and have ample time (before the 180 days grace period) to apply for H4 extension(I-539).Is it true that H1B premium approval is risky compared to regular processing ?

    3.Is it safe to go back to India within 180 days (after I-94 expiration) and get H4 stamping in her home country once I get my H1 Extension?

    4.Should I just leave my H1B in regular processing and attach the H4 extension (I-539) to it? If attaching H4 is not possible, Can I file H4 separately and get it approved before 180 days expiration?

    5.Once her H4 extension is approved, can she get her H4 VISA re-validated in US? Can she apply under �Nunc-pro-tunc� Category?

    6.Does she have an option to attend H4 visa interview in Canada or Mexico as her Visa and I-94 are expired? If yes, is this better option than going to India?


    Please reply.
    Thanks in advance
    Chinna

    Just apply her H4 asap. No need to upgrade your pending H1 extension to PP (unless your employer is paying for it). Only your H1 application will be processed under PP. They will process H4 under normal processing. Both applications are processed under PP only when they are applied together. There is no separate PP service for I-539 application. I don't see a big issue here since not much time has passed since her H4 expiry. I have seen worst cases, more than 2 yrs before realizing H4 expiration. Like others suggested, no need for her to travel outside the country for stamping. Just file I-539 asap and go from there.



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  • gimme_GC2006
    03-25 09:23 PM
    ok..from what I have been hearing from my multiple friends and company's attorneys, USCIS has been digging deep into most of the 485s..

    Our company guy said, there is some new policy in 485 processing which is causing them to gather lot of other information (I havent seen this policy published anywhere..so thought this guy is bluffing)..but I dont know many ppl have been saying about such RFEs or RFEs which were not raised before are more common now.

    Look at my other thread as an example.

    Hopefully you resolve it fast




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  • antony
    03-25 10:48 AM
    Thanks Administrator2. I will email my home number and you guys can call me after 5.30 PM EST.
    My director called me again and told me that since I have already applied for my GC, they are ready to keep me as a contractor for 1 year so that I can have my GC and join them. I told her that my Labor certification wont complete by then and there are 2-3 more processes after that. They are really surprised to hear that GC for qualified ppl takes 5-8 years...



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  • kumar v
    08-09 04:54 PM
    As I mentioned in my post, I have applied for H1 in India in April,2007and got approval in August,2007.

    My Approved H1 B petition does not have change of status i.e 1-94.

    I came to USA on L1 in Feb,2008 and working till date. and my I-94 is valid till Feb,2011.

    As I want to shift to H1 B,I think I need to go out of country i.e Canada from USA for H1 B stamping.

    My question is:

    If for some reason, I have not issued H1 visa at Canada consulate,
    Is my L1 is still valid and Can I comeback to USA on my L1 visa and I-94? and Can I continue working on my L1 in USA?

    Please suggest me the better approach.

    My objective is to switch to H1 using my old approved petiiton and not want to go back to India for H1 stamping.

    Regards




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  • piyu7444
    03-26 02:58 PM
    We are in the same boat. I am the primary and mine has been Xfrd to field office in VA where as my wife's 485 has been xfrd to MO. I called up customer support and they said it is normal to transfer across field offices.

    Many say when the 485 is transferred to a field office there could be an interview.


    Usually the interview will happen to closest local USCIS office to your address on 485. Even if the case is sent to an office which is miles away from where you live it wont matter as the case-file will be sent to the closest local office for the purpose of interview. Just go prepared with all documents and be calm. There is nuthing to worry :)

    Documents one shall carry
    -Employment Letter from current as well as past employers
    -W2 for last 3 or more years
    -Pay Stub last X month (take as many as you have-wont hurt)
    -Should know job title of Labor alongwith details and should be able to relate that to day-to -day job duties if asked by officer.
    -Marriage Certificate
    -Husband Wife shall be in Synch (will be if the marriage is REAL :) ) while asnwering questions about when did you meet, how did you get married, when did you came to us together, where do you live etc. etc.
    -140 approval copy
    -H1b petition copy or copies for both primary and secondary applicant
    -Should remember Last entry date (entry into US)
    -They will ask if you took any kind of money in welfare etc rom government or any other agency in US
    -They will ask 4-5 questions which I think are from form 485 . Here is the link, look at part 3
    http://www.uscis.gov/files/form/i-485.pdf

    I will post more questions if I can recall something later.........

    Cheers



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  • austindesi
    07-15 12:10 PM
    Count me in -- from Austin, Texas




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  • LloydsApple
    11-12 03:55 PM
    Updates are coming in fast.

    It turns out my wife is not yet elegible to get an ID card. She can get her license when I get my real copy of birth certificate and that will happen in about a week when it should come in by mail.

    The problem is that she can get some sort of temporary paperwork but the official drivers license will take up to another 6 weeks to get.

    Is there still no problem with traveling? I would guess not but again, as the story changes, helpful insight is very much welcome. Thanks!




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  • jeevarakkiannan
    07-17 06:19 PM
    I suggest we add our photos to the thank you letter. This way, the thank you letter will be more personal.

    What do you think?




    bpratap
    02-04 11:39 AM
    Thank you for the info




    nixstor
    12-08 06:17 PM
    Hi
    Does any one have contacts in websites like Rediff.com, Samachar.com so that we can put a banner and advt many companies when they lauch new products they put it there. For Eg Airtel similar to Reliance India call, has put a banner on samachar.com



    What makes you think that they will do it for free? Unfortunately, I tried contacting some websites. I couldnt elicit a resposne even. their prominent audience are outside of India and in Indian cities. How ever they dont seem to be concerned. We might need some back door connections for these people to get their attention and spread the word.



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