immigrationvoice1
02-12 02:35 PM
Hi,
My wife is going to apply for both H4 and H1 visa. Since marriage is in March end, she will come to US on H4 visa. Her H1 visa will be applied as if she were in India. Now her I94 will say H4. Once she gets her H1B, she will have to go out of country to get new I94.
We can go to Mexico to get it stamped and hence get new I94. If for some reason, H1B is rejected, can she still enter the US on H4 visa?
Thanx,
My advice - Bring her in using H4 visa stamped on her passport based on your H1B. The H1, even if she gets (in the 2009 quota which needs to be applied on April 1st 2008) cannot be used before Oct 2008 as all new H1s can be used only from the month of Oct. That H1B approval will come with its I-94 attached. Once October arrives, she can start working on her H1B. She does not need to go anywhere to get it stamped.
When you go out of USA on vacation the next time, she can have her H1B visa stamped on her passport.
My wife is going to apply for both H4 and H1 visa. Since marriage is in March end, she will come to US on H4 visa. Her H1 visa will be applied as if she were in India. Now her I94 will say H4. Once she gets her H1B, she will have to go out of country to get new I94.
We can go to Mexico to get it stamped and hence get new I94. If for some reason, H1B is rejected, can she still enter the US on H4 visa?
Thanx,
My advice - Bring her in using H4 visa stamped on her passport based on your H1B. The H1, even if she gets (in the 2009 quota which needs to be applied on April 1st 2008) cannot be used before Oct 2008 as all new H1s can be used only from the month of Oct. That H1B approval will come with its I-94 attached. Once October arrives, she can start working on her H1B. She does not need to go anywhere to get it stamped.
When you go out of USA on vacation the next time, she can have her H1B visa stamped on her passport.
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guyfromsg
09-08 12:17 AM
We just got the FP notice and need to get it done in a city more 100 miles away. Will most of the FP office open on Saturday?
Thanks a lot!
One in Atlanta is open on Saturday..
Thanks a lot!
One in Atlanta is open on Saturday..
vikramy
06-10 02:58 PM
Good to know i can file a new H1 based on 140 irrespective of who filed 140 and i am in H status or not. This way i don't need to be always tensed about a possible RFE on 485.
Hi Vikram -
Since your H-1B transfer petition is denied, you are not in H1 status anymore. However, I would suggest consider applying for 3 year H1 based on approved I-140 (and PD is not current). It does not matter who applied for that I-140.
There is a chance that USCIS may approve this H1 without I-94. In that case, you need to get new visa stamp and reenter into US to get back into H-1B status.
Good Luck.
_______________________
Not a legal advice.
US citizen of Indian origin
Hi Vikram -
Since your H-1B transfer petition is denied, you are not in H1 status anymore. However, I would suggest consider applying for 3 year H1 based on approved I-140 (and PD is not current). It does not matter who applied for that I-140.
There is a chance that USCIS may approve this H1 without I-94. In that case, you need to get new visa stamp and reenter into US to get back into H-1B status.
Good Luck.
_______________________
Not a legal advice.
US citizen of Indian origin
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ash123
01-18 12:17 PM
I mailed my I-765 along with cashier's check for $340 on dec, 17 , still waiting for receipt notice. I call customer care number today since its more than 30 days, but they are closed today.
I have USPS confirmation that they have received case on Dec 19.
I will try calling them tomorrow.
I have USPS confirmation that they have received case on Dec 19.
I will try calling them tomorrow.
more...
immidude
06-08 04:36 PM
I am July filer got 485 RFE
seems like my prev attorney made a mistake and answered yes to "Have you ever before applied for permanent resident status in the U.S"
- well this is going to cost me
My question(s)
i changed job(and company) do i need to send AC21 along with RFE response.
and also can i send my medical records along with RFE (medical records i submitted are incomplete and says chickenpox vaccination needed now i am vaccinated and got the records of it).
if yes do i still need USCIS doctor to submit these medical records.
seems like my prev attorney made a mistake and answered yes to "Have you ever before applied for permanent resident status in the U.S"
- well this is going to cost me
My question(s)
i changed job(and company) do i need to send AC21 along with RFE response.
and also can i send my medical records along with RFE (medical records i submitted are incomplete and says chickenpox vaccination needed now i am vaccinated and got the records of it).
if yes do i still need USCIS doctor to submit these medical records.
ski_dude12
07-13 01:14 PM
Another substitute case...
Any reason you went for substitute labor instead of your own?
I applied for I-140 in July 2007 using a substitute labor EB2 (from a different company) with a priority date of Nov 2005 and it got approved in May 2008.
During the same July fiasco, my employer at that time applied for I-485 with a priority date of August 2006.
I didn't apply for priority date porting after the substitute labor I-140 got approved because I didn't have the approval notice.
I read somewhere that even though I didn't apply for porting of the date, USCIS will consider the earlier date. How far is this true? How can I find out my correct priority date?
Thank you
Note: I already posted this in 'August Bulletin Out - EB2 India 01MAR06' but discussion there is totally different. So, posted a new thread.
Any reason you went for substitute labor instead of your own?
I applied for I-140 in July 2007 using a substitute labor EB2 (from a different company) with a priority date of Nov 2005 and it got approved in May 2008.
During the same July fiasco, my employer at that time applied for I-485 with a priority date of August 2006.
I didn't apply for priority date porting after the substitute labor I-140 got approved because I didn't have the approval notice.
I read somewhere that even though I didn't apply for porting of the date, USCIS will consider the earlier date. How far is this true? How can I find out my correct priority date?
Thank you
Note: I already posted this in 'August Bulletin Out - EB2 India 01MAR06' but discussion there is totally different. So, posted a new thread.
more...
admin
03-15 09:19 AM
It would be really great if such a person working in a big Indian Company and is able to express himself well, can contact us. For this requirement, time is of essence. So please contact us at the earliest at info@immigrationvoice.org
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dilbert_cal
05-19 01:09 AM
Laurie A. Bonilla
Address: Suite 180
800 El Camino Real West
Mountain View, CA 94040-2567
Phone: (650)903-2232
Fax: (650)903-2239
She is a great lawyer.
Address: Suite 180
800 El Camino Real West
Mountain View, CA 94040-2567
Phone: (650)903-2232
Fax: (650)903-2239
She is a great lawyer.
more...
optimist
03-16 03:08 PM
Thanks for the reply.
1. I got my H1B extended while I am here in US. After going back to India, are there any issues in getting the visa revalidated, since an immigration petition has been filed on my behalf?
--This should not be a problem, since the H1-B is a dual-intent visa
2. Is H1-B extension based on I-140 possible when not in US?
--Yes. Moreover, if you are in India for a year or more, your 6-year clock starts again.
HTH.
1. I got my H1B extended while I am here in US. After going back to India, are there any issues in getting the visa revalidated, since an immigration petition has been filed on my behalf?
--This should not be a problem, since the H1-B is a dual-intent visa
2. Is H1-B extension based on I-140 possible when not in US?
--Yes. Moreover, if you are in India for a year or more, your 6-year clock starts again.
HTH.
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coolmanasip
06-14 02:55 PM
does everyone go through name check? or only a few with very common names......
more...
hebbar77
03-15 11:38 PM
gc28262 : Thanks million times. I cant describe in words how much that info helps!
No wonder your green dots overflow the line!
No wonder your green dots overflow the line!
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neeidd
08-31 05:52 PM
Hi,
Would some one post info on how to get directly to level 2 or 3 USCIS customer service rather than level 1. I Called USCIS couple of times, the customer said I need to wait 90 days to check the status with them. I filed in July and have no receipt. I would like to know whether my case is entered in USCIS database. Please guide!
Thanks
Would some one post info on how to get directly to level 2 or 3 USCIS customer service rather than level 1. I Called USCIS couple of times, the customer said I need to wait 90 days to check the status with them. I filed in July and have no receipt. I would like to know whether my case is entered in USCIS database. Please guide!
Thanks
more...
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abd
09-22 01:03 PM
Cyrus Mehta Law Firm and Associates. Little expensive but worth it.
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OLDMONK
06-21 07:24 PM
If you are Canadian Citizen (by birth not naturalized) it should be pretty quick, maybe 6-18 months depending on FBI name check timing.
You should get your EAD 10-12 weeks.
I am not sure about one thing. As I know visitor visa doesn't have an immigrant intent, is that a negative or neutral in your instance.
As far as priority dates go Canada has always been current.
All the above I said is based on very little specific input about your case. Let some guru chime in who has been on this path already.
You should get your EAD 10-12 weeks.
I am not sure about one thing. As I know visitor visa doesn't have an immigrant intent, is that a negative or neutral in your instance.
As far as priority dates go Canada has always been current.
All the above I said is based on very little specific input about your case. Let some guru chime in who has been on this path already.
more...
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navdeep.mahajan
03-08 10:37 PM
Thanks for your wishes
dresses Here#39;s a quick little group of the latest emblems I#39;ve made.
dingox100
03-09 09:21 AM
I recently did apply for EAD and the documents required are as below
1. Personal check or Money order for 380$. I prefer sending personal check so that i can know if my check was cashed.
2. I did paper filing and not e-Filing. Some say efile is better some say paper filing is better , i felt paper filing is easy and better , as we can track our documents sent.
3. Docs req are
1. Filled EAD Application form
2. your 485 receipt notice copy
3. Current Addresss proof. electricity bill, water bill etc.
3.Copy of the biographic page of passport for each applicant
4. i-94 Copy
5. 2 Photographs
6. SSN copy ( i put it as my attorney suggested but its not mandatory)
7. copy of driver licence
1. Personal check or Money order for 380$. I prefer sending personal check so that i can know if my check was cashed.
2. I did paper filing and not e-Filing. Some say efile is better some say paper filing is better , i felt paper filing is easy and better , as we can track our documents sent.
3. Docs req are
1. Filled EAD Application form
2. your 485 receipt notice copy
3. Current Addresss proof. electricity bill, water bill etc.
3.Copy of the biographic page of passport for each applicant
4. i-94 Copy
5. 2 Photographs
6. SSN copy ( i put it as my attorney suggested but its not mandatory)
7. copy of driver licence
more...
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reachinus
07-18 01:06 PM
june 12th applicated date.. betweenthey are company checks so i cant track them
thanks for the update. As said u will have 3 numbers for each of ur 3 applications. All the best
thanks for the update. As said u will have 3 numbers for each of ur 3 applications. All the best
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Blog Feeds
08-26 07:20 AM
Immigration Visa Attorney Blog Has Just Posted the Following:
Elin Nordegren broke her silence (http://sports.yahoo.com/golf/blog/devil_ball_golf/post/Elin-Nordegren-on-Tiger-Woods-I-ve-been-throug?urn=golf-265021)today and gave her side of the story today telling the world how shocked and embarrassed she was by Tiger's infidelity. She also defended the marriage, saying that the marriage was real, not orchestrated for the cameras and sponsors.
In our practice at Fong & Chun, LLP, we have seen many marriages, like Elin and Tiger's which were entered into for love, completely genuine marriages and yet within years (sometimes a lot sooner), the marriage goes awry. For those immigrants whose conditional greencards were based on marriages to US citizens, these men and women find themselves in a situation like Elin, telling their stories to the USCIS, actually defending themselves from deportation, that even though their marriage didn't survive the test of time, it was not a marriage of convenience for immigration purposes.
If a marriage fails anytime before someone naturalizes, a person who immigrated through marriage will later be summoned by the USCIS for an intense and very uncomfortable interview in order to maintain their permanent residency - even at the time of applying for citizenship. Such interviews can even occur years after the marriage and divorce, so recounting the facts of a relationship and providing the documentation to verify the facts of the courtship, the wedding or civil ceremony, then detailing the timeline of marriage, separation and divorce is more than just burdensome, it's sometimes impossible. Attorneys at Fong & Chun have defended clients in such interviews, which can take several hours! Not to mention the legal briefing and the administrative review that can take months to years in the most complicated cases.
We have counseled couples and immigrants who face this difficult situation, sometimes their marriages have ended because they had to escape physical or emotional abuse, other times, the marriage failed because of infidelity or even financial distress. If you need help telling your side of the story to USCIS, call the attorneys at Fong & Chun, LLP for a free consultation. Maybe we can help. --ecf
More... (http://www.immigrationvisaattorneyblog.com/2010/08/elin-nordegren-her-side-of-the.html)
Elin Nordegren broke her silence (http://sports.yahoo.com/golf/blog/devil_ball_golf/post/Elin-Nordegren-on-Tiger-Woods-I-ve-been-throug?urn=golf-265021)today and gave her side of the story today telling the world how shocked and embarrassed she was by Tiger's infidelity. She also defended the marriage, saying that the marriage was real, not orchestrated for the cameras and sponsors.
In our practice at Fong & Chun, LLP, we have seen many marriages, like Elin and Tiger's which were entered into for love, completely genuine marriages and yet within years (sometimes a lot sooner), the marriage goes awry. For those immigrants whose conditional greencards were based on marriages to US citizens, these men and women find themselves in a situation like Elin, telling their stories to the USCIS, actually defending themselves from deportation, that even though their marriage didn't survive the test of time, it was not a marriage of convenience for immigration purposes.
If a marriage fails anytime before someone naturalizes, a person who immigrated through marriage will later be summoned by the USCIS for an intense and very uncomfortable interview in order to maintain their permanent residency - even at the time of applying for citizenship. Such interviews can even occur years after the marriage and divorce, so recounting the facts of a relationship and providing the documentation to verify the facts of the courtship, the wedding or civil ceremony, then detailing the timeline of marriage, separation and divorce is more than just burdensome, it's sometimes impossible. Attorneys at Fong & Chun have defended clients in such interviews, which can take several hours! Not to mention the legal briefing and the administrative review that can take months to years in the most complicated cases.
We have counseled couples and immigrants who face this difficult situation, sometimes their marriages have ended because they had to escape physical or emotional abuse, other times, the marriage failed because of infidelity or even financial distress. If you need help telling your side of the story to USCIS, call the attorneys at Fong & Chun, LLP for a free consultation. Maybe we can help. --ecf
More... (http://www.immigrationvisaattorneyblog.com/2010/08/elin-nordegren-her-side-of-the.html)
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H1B-GC
06-18 11:14 AM
Wondering if we need to Pay $80 towards Biometric Fee when Renewing I-131? Paid the Biometric Fee last year when the Travel Document was Applied for the First Time.
ramraj_02
10-20 08:32 AM
Hi,
One of my friends is saying Job experience with the same company would not count towards? So this means will i have to change jobs and hope that my I-140 for the current employer is not withdrawn. Pl. advise.
Thanks,
One of my friends is saying Job experience with the same company would not count towards? So this means will i have to change jobs and hope that my I-140 for the current employer is not withdrawn. Pl. advise.
Thanks,
cooler
08-30 09:23 AM
After a long journey on several non immigrant visa's my GC finally got approved. The questions that I would like to throw out for the group to think on is regarding the period for which one has to keep all the H1/H4 approval notices and supporting documents?
In my case, I have been here for 10 years and have a 15 pound folder that has all the approval notices (I-797) and supporting documents (copies of I-129, transcripts, everything under the sun)
I would hate to have to carry this for the rest of my life.
Lawyers - Your legal opinion would provide relief to my aching shoulders :)
In my case, I have been here for 10 years and have a 15 pound folder that has all the approval notices (I-797) and supporting documents (copies of I-129, transcripts, everything under the sun)
I would hate to have to carry this for the rest of my life.
Lawyers - Your legal opinion would provide relief to my aching shoulders :)
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