perm2gc
01-06 04:46 PM
My wife is on H4 and is exploring the posibility of converting to a H1. She recently went for her first interview and the people over there told her that there is a new rule for H4 to H1B conversion. According to them, she needs to go to India and get her H1B stamped before she can start working. Is this true? As far as I know, all one needs is an approved I-797 (for I-129 petition) indicating that the approval is for change of status to H1B (meaning that the approval notice has a I-94).
Please let me know if there is any merit in the above statement?
Nope its not true.All she need is approved I-797.Visa Stamping is only required when she has to travel outside US and reenter.
Please let me know if there is any merit in the above statement?
Nope its not true.All she need is approved I-797.Visa Stamping is only required when she has to travel outside US and reenter.
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tuhin
07-16 01:36 PM
Thanks deecha.. I will keep the gang in loop... The future role will be of a chief architect. So I believe it is aligned with my current labor application. But can I even move using an EAD (hence dropping my H1) and then file my EB2 in the new company? The reason I am confused is, we used an H1 b visa to file the labor, not sure if a labor can be filed using an EAD.
cagedcactus
05-03 06:54 AM
thanks a lot friends, I appreciate your inputs.......:)
I had couple of companies contact me, so will look for a solid new start.
4 years of wait down the drain......:mad:
I had couple of companies contact me, so will look for a solid new start.
4 years of wait down the drain......:mad:
2011 (panel delivery) which was
GCard_Dream
07-09 06:49 PM
Yes. We both did get the TB test done (test and X-ray) back in 2007. Even though the TB skin test came out negative, doctor didn't wait the test result and ordered the X-ray anyway.
I did take my wife for another medical today. Didn't need any vaccination but just the TB skin test, and blood test for HIV and RPE. The doctor said that the TB test does expire after a year but I am not sure if that's true. By the way, what do you mean by both TB test (skin test and X-ray)? Is X-ray mandatory?
Thanks to all for sharing their experience and knowledge.
1) Did you both get TB tested? The rules have changed. This is the most common cause for an RFE on medical exam.
2) Is she on any medication? Sometimes this requires a certificate from the prescribing physician. No big deal
Overall, there is probably no cause to worry about this. In fact, this could mean you are close to being approved. Same thing happened to me (see my history in my sig line).
I did take my wife for another medical today. Didn't need any vaccination but just the TB skin test, and blood test for HIV and RPE. The doctor said that the TB test does expire after a year but I am not sure if that's true. By the way, what do you mean by both TB test (skin test and X-ray)? Is X-ray mandatory?
Thanks to all for sharing their experience and knowledge.
1) Did you both get TB tested? The rules have changed. This is the most common cause for an RFE on medical exam.
2) Is she on any medication? Sometimes this requires a certificate from the prescribing physician. No big deal
Overall, there is probably no cause to worry about this. In fact, this could mean you are close to being approved. Same thing happened to me (see my history in my sig line).
more...
smisachu
05-21 11:06 AM
Thanks guys. I am going to Lake George by NY-Canada border and this seems like good info. But I am from NJ and we have the new tamper proof Drivers licenses which show immigration status and you need to produce all immigration papers to get one. Isn't that enough??
TwinkleM
12-10 11:16 PM
Pls. find the answers in red ink below. Also, all the answers are based on personal experience.
on Decebmer 7 USCICS website (http://immigrationvoice.org/forum/#) shows "Your extension has been denied, and a denial notice has been sent."
My I-94 expired on Oct-10 2009 and H1B was valid till 30 Sep. 2009. Here are my questions:
Am I an illegal resident now?
Nope, you are not an illegal as their reply on your application will show the date as 7th December, which is not your fault.
Until when can I stay in the us?
The denial letter will mention the deadline for you to leave this country. Usually it is 30 days.
Should my employer appeal the case and by when should he do that, is there premium (http://immigrationvoice.org/forum/#) processing for this?
Yes. He should send the appeal within the time frame of 30 days. No there is no premium processing.
How long does the appeal process take ?
It can take anywhere from a month to a year for INS to answer the appeal. Basically appeal is done only to buy the time. Mostly its never a positive response.
Can I work while the case is appealed?
No. You cannot unless you have a back - up of EAD.
How many days can I stay in us after the case is appealed?
Till you get the verdict of the appeal.
How do I transfer to a new employer E2 (Premium Processing) and when can I apply for the new h1b (after the case is appealed or any time)?
There is no way you can transfer you H1-B as you old one has already expired. The only way left is applying for a new H1-b, according to my lawyer, the sooner the better. The new H1-b mostly will be a consulate case. Meaning, even though you are approved, it will be only activated once you go for visa stamping.
What are the chances of approvals in Premium processing in Current Markethttp://images.intellitxt.com/ast/adTypes/2_bing.gif (http://immigrationvoice.org/forum/#)?
No idea.
Can I start working once the receipt for the new h1b petition comes in?
No, you can only start working once it is acitvated. Meaning, once u get it stamped if it is approved as a consulate case.
If not, can I work once the h1 is approved or should I go to India (http://immigrationvoice.org/forum/#) and reenter to start working?
If consulate case, then you will have to get it stamp to start working.
Can i transfer my approved I140 to a new employer ?
I guess, if you have filed I-485 which is already past 180 days. (Check with ur lawyer)
I will really appreciate your feedback on this.
Again, I am not a lawyer. All the above answers are based on personal experience. Hope it helps. All the very best.
on Decebmer 7 USCICS website (http://immigrationvoice.org/forum/#) shows "Your extension has been denied, and a denial notice has been sent."
My I-94 expired on Oct-10 2009 and H1B was valid till 30 Sep. 2009. Here are my questions:
Am I an illegal resident now?
Nope, you are not an illegal as their reply on your application will show the date as 7th December, which is not your fault.
Until when can I stay in the us?
The denial letter will mention the deadline for you to leave this country. Usually it is 30 days.
Should my employer appeal the case and by when should he do that, is there premium (http://immigrationvoice.org/forum/#) processing for this?
Yes. He should send the appeal within the time frame of 30 days. No there is no premium processing.
How long does the appeal process take ?
It can take anywhere from a month to a year for INS to answer the appeal. Basically appeal is done only to buy the time. Mostly its never a positive response.
Can I work while the case is appealed?
No. You cannot unless you have a back - up of EAD.
How many days can I stay in us after the case is appealed?
Till you get the verdict of the appeal.
How do I transfer to a new employer E2 (Premium Processing) and when can I apply for the new h1b (after the case is appealed or any time)?
There is no way you can transfer you H1-B as you old one has already expired. The only way left is applying for a new H1-b, according to my lawyer, the sooner the better. The new H1-b mostly will be a consulate case. Meaning, even though you are approved, it will be only activated once you go for visa stamping.
What are the chances of approvals in Premium processing in Current Markethttp://images.intellitxt.com/ast/adTypes/2_bing.gif (http://immigrationvoice.org/forum/#)?
No idea.
Can I start working once the receipt for the new h1b petition comes in?
No, you can only start working once it is acitvated. Meaning, once u get it stamped if it is approved as a consulate case.
If not, can I work once the h1 is approved or should I go to India (http://immigrationvoice.org/forum/#) and reenter to start working?
If consulate case, then you will have to get it stamp to start working.
Can i transfer my approved I140 to a new employer ?
I guess, if you have filed I-485 which is already past 180 days. (Check with ur lawyer)
I will really appreciate your feedback on this.
Again, I am not a lawyer. All the above answers are based on personal experience. Hope it helps. All the very best.
more...
irrational
06-18 10:37 PM
Folks,
I am due for an EAD renewal. However, my I-485 Receipt Notice got lost in mail. :(
Can I still e-file. A lot of you said, we have to send a copy of the receipt notice as a supporting document. Can I do without it.
Any pointers would be really appreciated.
Thank You
-Bipin
I am due for an EAD renewal. However, my I-485 Receipt Notice got lost in mail. :(
Can I still e-file. A lot of you said, we have to send a copy of the receipt notice as a supporting document. Can I do without it.
Any pointers would be really appreciated.
Thank You
-Bipin
2010 1933 Willys Sedan Delivery
miguy
06-16 12:18 PM
Once you file for 485/AP/EAD, I guess the rule is that you cannot switch jobs for 6 months.....
1. can we choose the start date of our EAD or does USCIS decide that date?
2. can you have separate start dates for you and your wife's EAD?
3. does the new job have to be exactly the same title or can it be a new title? e.g. if your current role is a software engineer, can the new one be a Project manager?
thanks
1. can we choose the start date of our EAD or does USCIS decide that date?
2. can you have separate start dates for you and your wife's EAD?
3. does the new job have to be exactly the same title or can it be a new title? e.g. if your current role is a software engineer, can the new one be a Project manager?
thanks
more...
intheyan
07-17 05:17 PM
Murthy ji and Rajiv.S.Kanna are very good lawyers. Please don't use any bad words. You will really be in trouble.
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dummgelauft
03-31 12:42 PM
For once, I like what Grassley is doing.
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Milind123
07-26 12:51 PM
spoke to the lawyer and they said they have experience last month of filing a I485 similar to mine at Nebraska and had no issues.
So I guess I will have to trust them and see. She also mentioned 2 yrs is the time for follow to join not 180 days.
Fingers crossed
Good luck! Even if your lawyer is wrong, Nebraska will send the application to its correct destination.
So I guess I will have to trust them and see. She also mentioned 2 yrs is the time for follow to join not 180 days.
Fingers crossed
Good luck! Even if your lawyer is wrong, Nebraska will send the application to its correct destination.
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meridiani.planum
02-20 01:00 PM
Hi,
i would like to convert EB3- pd to Eb2.
My sistuation is like this . pls help mw if you know if this is possible:
1.With My current employer :I have EB2- labor approved and i-140 also approved with PD of sep 2005.
2. My current employer has Eb-3 approved labor with PD of june 2003 of some other employee and can be substituted for me and get I-140 approval.
Now question is : Is it possible to port PD of the Eb-3 approved labor substituion and after i-140 approval of substituted labor to my EB-2 labor.
If it is possible how exactly PD is convertible..means will the attorney need to mention to use PD of EB-3 at the time of applying I-485.
When exactly can apply for PD conversion..at the time of applying i-485 or i-140 ..
If somebody clarify me that is great .
Thanks
labor substitution was banned last year. Now you can only interfile your own LCs/I-140s....
So your only option is to file a new EB3 LC+I-140 and recapture your EB2 PD and thats only useful in the rare chance that EB3 dates happen to be better than EB2 like in current VB. But odds of that remaining the same are very low I think, so you will just have to wait in your place in the queue now. alongwith all the others.
RIP LC-substitution.
i would like to convert EB3- pd to Eb2.
My sistuation is like this . pls help mw if you know if this is possible:
1.With My current employer :I have EB2- labor approved and i-140 also approved with PD of sep 2005.
2. My current employer has Eb-3 approved labor with PD of june 2003 of some other employee and can be substituted for me and get I-140 approval.
Now question is : Is it possible to port PD of the Eb-3 approved labor substituion and after i-140 approval of substituted labor to my EB-2 labor.
If it is possible how exactly PD is convertible..means will the attorney need to mention to use PD of EB-3 at the time of applying I-485.
When exactly can apply for PD conversion..at the time of applying i-485 or i-140 ..
If somebody clarify me that is great .
Thanks
labor substitution was banned last year. Now you can only interfile your own LCs/I-140s....
So your only option is to file a new EB3 LC+I-140 and recapture your EB2 PD and thats only useful in the rare chance that EB3 dates happen to be better than EB2 like in current VB. But odds of that remaining the same are very low I think, so you will just have to wait in your place in the queue now. alongwith all the others.
RIP LC-substitution.
more...
house 1950 Chevrolet Sedan Delivery
mrajatish
09-18 11:54 AM
Should clarify, meant post dec 2003
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adusumilli
09-28 09:23 AM
Check the signature.
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pictures spotter#39;s guide: From 1946
marwan234
08-10 08:06 PM
i'll believe it when i see it. too much talk no action. it's too good to be true, isn't it? maybe our childrens' children will benefit from it.
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purgan
08-15 03:17 PM
congrats grupak. enjoy the freedom
Thanks for your contributions to IV.
Thanks for your contributions to IV.
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walking_dude
12-21 09:39 AM
First we need to contact the madam @ 10 Janpath. Without her choreography Papa singh won't dance and neither will the daughter.
( Papa Singh isn't helping us much! It would be naive to assume his daughter will help us because of who her Papa is)
I just read at TOI that Dr Manmohan Singh's daughter Amrit Singh is a staff attorney at ACLU.
http://timesofindia.indiatimes.com/PMs_daughter_puts_White_House_in_the_dock/articleshow/2639327.cms
Can she be of any help to IV's Agenda. Has IV core considered contacting her.
( Papa Singh isn't helping us much! It would be naive to assume his daughter will help us because of who her Papa is)
I just read at TOI that Dr Manmohan Singh's daughter Amrit Singh is a staff attorney at ACLU.
http://timesofindia.indiatimes.com/PMs_daughter_puts_White_House_in_the_dock/articleshow/2639327.cms
Can she be of any help to IV's Agenda. Has IV core considered contacting her.
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supender
03-23 01:58 PM
Legally you are only barred if you are unlawfully present over 180 days.And unlawful presence and out of status are two different things. If your visa has not expired and just your I-94 had a lapse period, you have'nt accumulated a single day of unlawful presence. However you have been out of status for around 10 months. I was in same situation as yours once and my first lawyer was clueless about difference between unlawful presence and out of status. Luckily I got advice from another lawyer who cleared things up for me. I went to India got my H1B visa stamped and came with no problem.
You should seek a good a lawyer, who know what he/she is talking about.
You should seek a good a lawyer, who know what he/she is talking about.
hairstyles 1940 Ford Sedan Delivery:
gc2
09-22 05:55 PM
Job A
OES/SOC Code: 15-1099
OES/SOC Title: Computer Specialists, All Other
OES/SOC Code: 15-1099
OES/SOC Title: Computer Specialists, All Other
fide_champ
11-08 12:26 PM
hello,
I am trying to book an appointment for h1b visa stamping at the Chennai Us consulate for Nov 29th but I see no dates available for Nov 2010 for Chennai.
Ony calcutta dates are available.
Can I book an emergency appointment in this situation?
I have been on h1 for the past 3 years.First came to US in 2004.Visa expired in 2006.
Extended h1b here in USA..Now going to India for the first time after visa expiry.
Also, for the stamping, should i carry all old LCA's or just the latest one?
Thanks,
arthi
Chennai consulate these days open dates for the next 2 weeks. There are not a lot of people applying these days, so keep checking the dates.
I am trying to book an appointment for h1b visa stamping at the Chennai Us consulate for Nov 29th but I see no dates available for Nov 2010 for Chennai.
Ony calcutta dates are available.
Can I book an emergency appointment in this situation?
I have been on h1 for the past 3 years.First came to US in 2004.Visa expired in 2006.
Extended h1b here in USA..Now going to India for the first time after visa expiry.
Also, for the stamping, should i carry all old LCA's or just the latest one?
Thanks,
arthi
Chennai consulate these days open dates for the next 2 weeks. There are not a lot of people applying these days, so keep checking the dates.
vin13
01-08 11:06 AM
I returned back from India a few days ago. My experience was very similar to "LostInGCProcess". The only difference was that i had only 2 copies of AP. They kept one and gave me one.
So, it should not be a problem if you have 2 AP copies. Just make sure you come out of Immigration with 1 copy for your future travels.
They will not take the only copy you have if you make another trip out of the country before it expires.
You need just the AP and Passport. Please let the officer know that you are using AP. Or they will keep looking through your passport for a visa.
It is good to have supporting documents such as I-485 receipt, I-140 approval, recent paystubs, employment letter from your HR (stating you are still employed). As 'LostInGCProcess" said, please do not provide them until reqested
So, it should not be a problem if you have 2 AP copies. Just make sure you come out of Immigration with 1 copy for your future travels.
They will not take the only copy you have if you make another trip out of the country before it expires.
You need just the AP and Passport. Please let the officer know that you are using AP. Or they will keep looking through your passport for a visa.
It is good to have supporting documents such as I-485 receipt, I-140 approval, recent paystubs, employment letter from your HR (stating you are still employed). As 'LostInGCProcess" said, please do not provide them until reqested
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