jthomas
05-31 01:48 AM
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srthegr8
08-07 12:30 PM
Hi ,
I want to change my wife's H1 to H4.
She got her first approval in oct 2006 and was working as fulltime. after that she coverted to H4 when we visited india. her H4 is valid through oct'09. then we file for her new H1 from company B in march 09 (COS) and she got approval but due to bad market condition she never got project and her consulting company never paid her so she doesn't have any paystubs. My company file for my H1B extension and I got approval.
Now I want to change my wife's status back to h4. I had in impression that she never worked on new H1 so her H1 will not be activated. but I came across some posts and learn that it is automatically activated the day she got her H1B approval.
Now please suggest me what would be the safest way to convert her back on H4 ?
1)File form I-539 without her paystubs using my new 797 document? is there chances of RFE without paystubs? and what could be the next step if RFE comes? can we go to home country and get it done or it will make more complications? and VO will ask more questions because of RFE?
2) go out of county and come back again on existing stammped h4 (I am hoping that will convert her status back to H4)? and then file for I-539 for H4 extension using my new Approval notice? she has canadian PR as well. should she visit canada or india? somehow her I94 on passport has expired in Feb'09 but she has valid I94 on her H1 pitition. should she give her new I94 when going out of country? if she visits canada will they issue her new I94 if she returns back within 30 days?
3) should she go outside country and apply for new H4 using my new approved 797 ?
Please help me ASAP. I am really confused what should I do!!!
I want to change my wife's H1 to H4.
She got her first approval in oct 2006 and was working as fulltime. after that she coverted to H4 when we visited india. her H4 is valid through oct'09. then we file for her new H1 from company B in march 09 (COS) and she got approval but due to bad market condition she never got project and her consulting company never paid her so she doesn't have any paystubs. My company file for my H1B extension and I got approval.
Now I want to change my wife's status back to h4. I had in impression that she never worked on new H1 so her H1 will not be activated. but I came across some posts and learn that it is automatically activated the day she got her H1B approval.
Now please suggest me what would be the safest way to convert her back on H4 ?
1)File form I-539 without her paystubs using my new 797 document? is there chances of RFE without paystubs? and what could be the next step if RFE comes? can we go to home country and get it done or it will make more complications? and VO will ask more questions because of RFE?
2) go out of county and come back again on existing stammped h4 (I am hoping that will convert her status back to H4)? and then file for I-539 for H4 extension using my new Approval notice? she has canadian PR as well. should she visit canada or india? somehow her I94 on passport has expired in Feb'09 but she has valid I94 on her H1 pitition. should she give her new I94 when going out of country? if she visits canada will they issue her new I94 if she returns back within 30 days?
3) should she go outside country and apply for new H4 using my new approved 797 ?
Please help me ASAP. I am really confused what should I do!!!
boldm28
06-18 01:19 PM
Thank you for your time and advice , really appreciate it
Thanks
Thanks
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arunoman
09-13 02:06 PM
Is it possible to change to Consular processing while I-140 and I-485 is in pending.
I filed 485 in Aug and do not have the receipt either.
Kindly advice.
Guru's kindly advice..
I filed 485 in Aug and do not have the receipt either.
Kindly advice.
Guru's kindly advice..
more...
Devils_Advocate
03-13 11:40 AM
HI ,
My brother graduated in Dec 08 and is on OPT now. He is with a consultant and he was wondering if there is any rule which states that folks on OPT should get a job in 3 months, otherwise the OPT will not be valid.
Can any one please clarify.
Thank you for your time
as far as i know that in the opt as long as you are employed its fine, even without pay employment works to keep the status active WITHOUT lapsing into the 90 day period. do tell him to cross check with his ISO
My brother graduated in Dec 08 and is on OPT now. He is with a consultant and he was wondering if there is any rule which states that folks on OPT should get a job in 3 months, otherwise the OPT will not be valid.
Can any one please clarify.
Thank you for your time
as far as i know that in the opt as long as you are employed its fine, even without pay employment works to keep the status active WITHOUT lapsing into the 90 day period. do tell him to cross check with his ISO
p7810456
04-15 10:01 AM
Got mine on 2nd April. The guy didn't ask any questions at all.
Good luck!
Good luck!
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Horace Jones
07-07 10:39 AM
Thanks for the link. I read the first few paragraphs and it seems really interesting. I'll check the rest out later on tonight.
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Blog Feeds
03-22 12:20 PM
The House voted Sunday night on the Senate bill for health care reform, passing it 219 to 212. President Obama won a historic victory in the struggle for health care reform Sunday as the House of Representatives passed a sweeping bill overhauling the American medical system. What does this mean for Immigration? Big hope for the future, but a lot of work remains to be done.
Tens of thousands of people turned out on Washington's National Mall on Sunday to support the Obama administration in its next big battle, a renewed effort to overhaul U.S. immigration laws.
Speaking by video to the crowd, President Obama said he would do "everything in my power" to get a bipartisan deal within the year.
"You know as well as I do that this won't be easy, and it won't happen overnight," Obama said. "But if we work together across ethnic, state and party lines, we can build a future worthy of our history as a nation of immigrants and a nation of laws."
Though overshadowed by the historic debate on health care taking place in the nearby halls of Congress, Sunday's rally set the stage for a revival of efforts to reshape U.S. immigration law. The issue has been largely sidelined since a similar push by the Bush administration failed in 2007. We do hope that something will change very soon.
Read the CNN article... (http://www.cnn.com/2010/POLITICS/03/21/immigration.rally/index.html?hpt=T2)
More... (http://www.visalawyerblog.com/2010/03/immigration_reform_rally_draws.html)
Tens of thousands of people turned out on Washington's National Mall on Sunday to support the Obama administration in its next big battle, a renewed effort to overhaul U.S. immigration laws.
Speaking by video to the crowd, President Obama said he would do "everything in my power" to get a bipartisan deal within the year.
"You know as well as I do that this won't be easy, and it won't happen overnight," Obama said. "But if we work together across ethnic, state and party lines, we can build a future worthy of our history as a nation of immigrants and a nation of laws."
Though overshadowed by the historic debate on health care taking place in the nearby halls of Congress, Sunday's rally set the stage for a revival of efforts to reshape U.S. immigration law. The issue has been largely sidelined since a similar push by the Bush administration failed in 2007. We do hope that something will change very soon.
Read the CNN article... (http://www.cnn.com/2010/POLITICS/03/21/immigration.rally/index.html?hpt=T2)
More... (http://www.visalawyerblog.com/2010/03/immigration_reform_rally_draws.html)
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kirupa
04-16 01:38 AM
The Z in Zelda seems a bit too hard to read. Have you considered using a more top-down view of Zelda from a game like Link to the Past? That might work better.
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jsb
10-21 11:35 PM
We, July 2 filers, just got our receipts. So you are not that bad. After 90 days wait, you are entitled to ask for an investigation, but, as it appears, USCIS is not yet fully finished with all the receipts for July-Aug filers. They said that they will be done with it by month end. You may want to wait until then.
more...
mirage
03-28 10:52 AM
I am suggesting we should write to White House and to the Ben Bernanke in Mass and draw their attention towards a million people waiting for their green cards, logically they should have already got it(10 years waiting is illogical) but if USCIS use Visa recapture these people can get green cards and green cards to these people means a million new house buyers in the market new cars buyers etc etc. Everybody is going to get green card one day, why not now..That will help bail out the housing market. I'm sure it'll strike a cord with the lawmakers as it will benefit them politically....
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tejonidhi
01-14 09:36 AM
Itsokgc,
only talk to Immigration information officer. if none or available then it goes to regular Contractors workig for USCIS who will say we received the Application on date Blah Blah.
Tejonidhi
only talk to Immigration information officer. if none or available then it goes to regular Contractors workig for USCIS who will say we received the Application on date Blah Blah.
Tejonidhi
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mckottayam
05-24 08:16 PM
In CIR 2007 (S.1348) Title V, subtitle B is skill act of 2007 SEC.524 says about people with masters and higher degrees will not be counted against the numerical caps. This says it is amending Section 201(b)(1) (8 U.S.C. 1151(b)(1)) which is about the numerical caps. As this is in the section of backlog reduction does this mean that those who already are in the process and is backlogged will be given green cards out the numerical cap?
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martinvisalaw
09-27 06:32 PM
So what if DOL doesn't respond before the H1 expires..Can the Employer file for H1 Extension without an approved LCA ??
Not recommended - CIS will reject a H-1B without a certified LCA.
[/quote] And if the LCA is denied because the DOL doesn't recognize the FEIN what options have we got..Can the employer reapply for LCA or just submit the Info and wait for info from DOL ??[/QUOTE]
The employer needs to submit proof of the EIN to DOL, wait for DOL to confirm, then file a new LCA. DOL will tell the employer what EIN evidence it needs to present.
Not recommended - CIS will reject a H-1B without a certified LCA.
[/quote] And if the LCA is denied because the DOL doesn't recognize the FEIN what options have we got..Can the employer reapply for LCA or just submit the Info and wait for info from DOL ??[/QUOTE]
The employer needs to submit proof of the EIN to DOL, wait for DOL to confirm, then file a new LCA. DOL will tell the employer what EIN evidence it needs to present.
more...
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yumyum20
10-19 10:39 AM
Yes the bottom line is you have to withdraw one. In my case, I have to write in letter to USCIS in Nebraska becase I did self-filing. I've spoken to an agent a while ago. She said withdrawal will not affect my other I-485. Consult with your attorney. I already have a finger printing appointment next week so I'm goin to withdraw the I-485 receipt from Nebraska.
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Vexir
05-09 03:18 AM
I couldn't tell it was a wall at first, took me a while..
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belmontboy
09-08 03:58 PM
Hi All,
I am currently on h1b Visa.My visa will be expires by end of Sep 2010.And I am not working
since June.My husband is on H1b.So I am planning to change my status to H4 visa.What is the procedure for conversion.Please advice on that.
-Vani
file I-539 with USCIS.
its easy and simple process: USCIS - Application To Extend/Change Nonimmigrant Status (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=94d12c1a6855d010VgnVCM10000048f3d6a1RCR D)
I am currently on h1b Visa.My visa will be expires by end of Sep 2010.And I am not working
since June.My husband is on H1b.So I am planning to change my status to H4 visa.What is the procedure for conversion.Please advice on that.
-Vani
file I-539 with USCIS.
its easy and simple process: USCIS - Application To Extend/Change Nonimmigrant Status (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=94d12c1a6855d010VgnVCM10000048f3d6a1RCR D)
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insbaby
09-22 09:12 AM
Are you working now? Consult any immigration lawer on the steps to follow on the H1 transfer. I am not sure if there is a clause that you should have worked on the current company few months and get the pay checks. Also to transfer H1, you need copy of your 797 and not original. You can get it from your employer or from the lawer who filed H1. Bottom line, the forum answers should be taken as only guidence and not advice. Consult a IM lawer to confirm anything before you act.
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kirupa
01-12 02:54 PM
It also depends on whether you are creating a WPF app or a WinForms app. There are several built-in classes that automate the process of you playing sounds, so let me know what language and platform you are writing on.
GC_holder_tos
08-15 04:13 PM
Hi,
My parents got their second Re-entry Permit approved (applied through Application I-131) in first week of Jan 2008. This rentry permit is valid for 2 years (i.e. till Jan 2010). They had applied for the second Re-entry Permit on 16th Feb 2007. And after applying it they left 19th Feb 2007.
They are planning to return to US in Jan 2010 before the Re-entry Permit expiration. I read on this and other forums that with Re-entry Permit a US resident can live outside for more than 1 year and less than 2 years.
In my parent's case, when they will return back to US in Jan 2010, they will already have spend 3 years outside US.
I was concerned that the 2 year stay limit will be counted from the day my parents left US or the day when the Re-entry Permit got approved?
Secondly, Is there any limit on number of times a Re-Entry Permit can be applied?
My parents got their second Re-entry Permit approved (applied through Application I-131) in first week of Jan 2008. This rentry permit is valid for 2 years (i.e. till Jan 2010). They had applied for the second Re-entry Permit on 16th Feb 2007. And after applying it they left 19th Feb 2007.
They are planning to return to US in Jan 2010 before the Re-entry Permit expiration. I read on this and other forums that with Re-entry Permit a US resident can live outside for more than 1 year and less than 2 years.
In my parent's case, when they will return back to US in Jan 2010, they will already have spend 3 years outside US.
I was concerned that the 2 year stay limit will be counted from the day my parents left US or the day when the Re-entry Permit got approved?
Secondly, Is there any limit on number of times a Re-Entry Permit can be applied?
snathan
08-05 05:24 PM
my wife has filed for her I-485 (AOS) with me.
She has an H1 whch expires in 2012.
she used her AP while entering US this year at port of entry. Office gave I-94 for one year(it expires in Jan 2011).
Now my question is does she has to do anything to renew her I-94?
If she doesnt renew her H-1 now will she be still in-status on H1?
does she have to renew her AP in order to stay in status?
This area of the law is very confusing and it would be great if some attorney or expert give their valuable suggestions on this.
Thanks in advance...
AP is only for travel purpose. She will be either on AOS or H1 Status.
If she wants to work, she needs to get either EAD or keep the H1 status. Since she used the AP upon return, she is now not in H1B status. Check with attorney if you want to restore to H1
She has an H1 whch expires in 2012.
she used her AP while entering US this year at port of entry. Office gave I-94 for one year(it expires in Jan 2011).
Now my question is does she has to do anything to renew her I-94?
If she doesnt renew her H-1 now will she be still in-status on H1?
does she have to renew her AP in order to stay in status?
This area of the law is very confusing and it would be great if some attorney or expert give their valuable suggestions on this.
Thanks in advance...
AP is only for travel purpose. She will be either on AOS or H1 Status.
If she wants to work, she needs to get either EAD or keep the H1 status. Since she used the AP upon return, she is now not in H1B status. Check with attorney if you want to restore to H1
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