jatinr
09-05 10:50 PM
[QUOTE=nirajnp;160331]Hi,
My Wife is currently on H1B, but for personal reason she wants to quit her job and take a break from work for some time. She plans to quit some time in october 2007. But she wants to start working again sometime next year around June 2008. So here are my questions:
1. When she quits her job in october 2007 is her status automatically changed to H4 or do we need to fill up an application to USCIS ?
No , you will have to fill I-539 - Change of Status form to change from H1 to H4, you have to provide your H1B credentials while applying your wife's H4 COS.
2. When she applies for H1B next year i.e. June 2008 will that be considered against the H1B cap ? If not, then can she apply around june next year to get her H1B, as opposed to applying early in April when the H1B quota gets full. Also if we apply in June 2008 will her start date be Oct 1'2008 or can she start working as soon as she receives her WAC/LIN number ?
Since it is not fresh H1B, she will be able to work on pending H1B status when applying from H4 to H1, her new H1B will not be from October, but rather from the time her status change from H4 to H1 is approved, you have to fill I-129 and I-539 forms.
3. When we apply for H1B next year will they require some H4 stamped on my wifes passport ? We dont plan to go out of the country for a couple of years so we will not be doing any stamping (H4). Currently she has her H1B stamped.
Appreciate your help.
Not it is not required, you will get approved H4 petition, but you will have to provide existing H1, new H4 petition while applying for new H1 and corresponding I-94's
Thanks
I am not a lawyer, am answering based on my limited knowledge on this subject
My Wife is currently on H1B, but for personal reason she wants to quit her job and take a break from work for some time. She plans to quit some time in october 2007. But she wants to start working again sometime next year around June 2008. So here are my questions:
1. When she quits her job in october 2007 is her status automatically changed to H4 or do we need to fill up an application to USCIS ?
No , you will have to fill I-539 - Change of Status form to change from H1 to H4, you have to provide your H1B credentials while applying your wife's H4 COS.
2. When she applies for H1B next year i.e. June 2008 will that be considered against the H1B cap ? If not, then can she apply around june next year to get her H1B, as opposed to applying early in April when the H1B quota gets full. Also if we apply in June 2008 will her start date be Oct 1'2008 or can she start working as soon as she receives her WAC/LIN number ?
Since it is not fresh H1B, she will be able to work on pending H1B status when applying from H4 to H1, her new H1B will not be from October, but rather from the time her status change from H4 to H1 is approved, you have to fill I-129 and I-539 forms.
3. When we apply for H1B next year will they require some H4 stamped on my wifes passport ? We dont plan to go out of the country for a couple of years so we will not be doing any stamping (H4). Currently she has her H1B stamped.
Appreciate your help.
Not it is not required, you will get approved H4 petition, but you will have to provide existing H1, new H4 petition while applying for new H1 and corresponding I-94's
Thanks
I am not a lawyer, am answering based on my limited knowledge on this subject
ThinkTwice
07-09 08:11 PM
Please be present and get some shots and videos if possible ..(please confirm that you can take pictures etc) .. it would be great, we in other areas would like to get a glimse of how this whole thing went down...
gcnotfiledyet
02-24 03:37 PM
I recently heard that during WWII US gave citizenship to soldiers from Phillipines to fight against Japan. Once the war was over it stripped citizenship of those soldiers (250,000 soldiers). US did not even compensate those soldiers with money. These soldiers recently got compensation from stimulus package to the amount of 15k/person for the work they did in 1940s.
So beware to sign up for this program. Especially with military, they can chose what is confidential/matter of national security etc and not let you go in court, while you are outside fighting in Pakistan.
So beware to sign up for this program. Especially with military, they can chose what is confidential/matter of national security etc and not let you go in court, while you are outside fighting in Pakistan.
skagitswimmer
September 7th, 2006, 11:02 AM
Kevin, I often use the technique of "developing" 3 or more images from a single raw file and then blend them using layer masks. For some reason, adobe's automated HDR doesn't work from such images though. It wants 3 real files shot at different exposures. I have no idea why.
more...
rsdang
09-18 11:16 AM
My AP was approved last week (Monday) still to get in mail.
Seems like AP takes a longer route to the mail box in USCIS... Mine is at NSC and my experience is that everything out of there is slower...
Anyways I am greatful that they approved it and its in mail ( fingers crossed )
Seems like AP takes a longer route to the mail box in USCIS... Mine is at NSC and my experience is that everything out of there is slower...
Anyways I am greatful that they approved it and its in mail ( fingers crossed )
shana04
11-05 01:49 PM
Friends,
Looking at this 180 rule. I feel getting through this 180 days is being hell.
All this becuase we need freedom and going through rough times.
Good luck to one and all.
Looking at this 180 rule. I feel getting through this 180 days is being hell.
All this becuase we need freedom and going through rough times.
Good luck to one and all.
more...
CreatedToday
02-11 05:55 PM
To lighten up the moment after March Visa bulletin holds no prospects...
http://thepinkchaddicampaign.blogspot.com/
http://thepinkchaddicampaign.blogspot.com/
RRG
08-14 04:39 PM
I am on H1B. Got Prudential 10 year term life 2 years ago. I pay 26$ per month for 400K $. I am 35 plus years of age, non smoker. I pay higher premium due to bp. A visiting doctor from Prudential came and examined me at my residence prior to accepting my insurance application.
more...
vivekm1309
01-26 12:16 AM
Can we contact journos like Neil Cavuto, Sheryl Casone to talk about how giving GC to legals like us can stimulate economy in someway?
I noticed these Business section journos are endlessly talking about ways to prevent the recession.
We can suggest them to talk about recapturing of visas & giving the legals GCs as it can contribute towards (to some extent) a possible stimualtion to the economy(it will surely add to the percentage...) surely we are boosting the spending by making high earning legals spend more on say housing or Autos by giving them GCs...
Not sure if IV gurus are thinking on these lines.
Vivek
I noticed these Business section journos are endlessly talking about ways to prevent the recession.
We can suggest them to talk about recapturing of visas & giving the legals GCs as it can contribute towards (to some extent) a possible stimualtion to the economy(it will surely add to the percentage...) surely we are boosting the spending by making high earning legals spend more on say housing or Autos by giving them GCs...
Not sure if IV gurus are thinking on these lines.
Vivek
MunnaBhai
03-14 03:06 PM
I agree. Most of these companies openly misuse L1 visas. I have seen myself, how L1 guys from Infosys, TCS, and IBM India working at client sites.
more...
GCBy3000
09-01 05:00 PM
Ohh... Is there a IV Core fan club?. Let us vote for president, congressmen and senators within IV and pass this SKIL bill.
Me too need some fan.. it is getting warm in here.
Have a nice long weekend guys. It will be fire from next week in congress on the immigration bill. May be the berkeybee, logiclife will also show up and cheer us again.
Me too need some fan.. it is getting warm in here.
Have a nice long weekend guys. It will be fire from next week in congress on the immigration bill. May be the berkeybee, logiclife will also show up and cheer us again.
sanju
11-27 11:36 PM
Hi,
My employer "ABC" (Consultancy) based in Ohio made me sign a Cognovit Promissory Note for 'X' amount ( where 'X' is a pretty large amount) on my arrival to US on H1-B visa earlier this year. I've been associated with him for less than an year now.
Question:
Does this note have any significance according to US law, esp. Ohio?
If I plan to move from this consultancy, can this note be held as a Legal Document and any legal action taken against me based on this note?
What is my way out of this?
I would be highly obliged if anyone can provide any help on this matter.
Regards
Chint001
If he goes to court with that promissory note, you can file lawsuit in labor court saying that he is exploiting you and making you hostage of the promissory note. If challenged in court, the judge will throw out that promissory note as the employer used his power over you to sign that agreement. If there is any pressure used to make someone sign a document, the validity of that document can be challenged. Also, exploitation lawsuit will expose your employer to summons and checks from USCIS and DOL, which basically means close of business.
If I were you, this is what I would do. Consult an attorney in Labor law domain and ask him to represent you. Find another employer, change the H1, then tell your lawyer to call this employer for exploitation charges. It is possible that you may be able to get damages and compensation for exploitation.
.
My employer "ABC" (Consultancy) based in Ohio made me sign a Cognovit Promissory Note for 'X' amount ( where 'X' is a pretty large amount) on my arrival to US on H1-B visa earlier this year. I've been associated with him for less than an year now.
Question:
Does this note have any significance according to US law, esp. Ohio?
If I plan to move from this consultancy, can this note be held as a Legal Document and any legal action taken against me based on this note?
What is my way out of this?
I would be highly obliged if anyone can provide any help on this matter.
Regards
Chint001
If he goes to court with that promissory note, you can file lawsuit in labor court saying that he is exploiting you and making you hostage of the promissory note. If challenged in court, the judge will throw out that promissory note as the employer used his power over you to sign that agreement. If there is any pressure used to make someone sign a document, the validity of that document can be challenged. Also, exploitation lawsuit will expose your employer to summons and checks from USCIS and DOL, which basically means close of business.
If I were you, this is what I would do. Consult an attorney in Labor law domain and ask him to represent you. Find another employer, change the H1, then tell your lawyer to call this employer for exploitation charges. It is possible that you may be able to get damages and compensation for exploitation.
.
more...
dreamgc_real
01-06 09:30 AM
CIR is impossible with the current Congress, any legislator thinking it is a possibility is only misleading!
gc_buddy
11-19 12:17 AM
Hi All,
My wife entered US on H4 Visa. Her H4 is valid until Oct 2009. Last year, she got her EAD and started working on EAD. If she has to travel out of the country and come back, can she do it on H4 until 2009 or will she need an AP now that she has used her EAD..
Could anyone please share..Apologies if this is a repeat. Could not find any info on the forums.
My wife entered US on H4 Visa. Her H4 is valid until Oct 2009. Last year, she got her EAD and started working on EAD. If she has to travel out of the country and come back, can she do it on H4 until 2009 or will she need an AP now that she has used her EAD..
Could anyone please share..Apologies if this is a repeat. Could not find any info on the forums.
more...
sanju
06-30 02:25 PM
The desperation of your post suggests that you don't need direction, you need therapy. We just need someone to give us some assurance that we will all be fine and live to see the light of the day on Tuesday even if DoS sends out a revised Visa Bulletin. At this time, I too need similar assurance from someone. Can anybody help?
Show us that you too know something about DOS. Please let us know what you know whether it's 50% truth or 98%.
We badly need an update from core team... even if it's conditional update.
Show us that you too know something about DOS. Please let us know what you know whether it's 50% truth or 98%.
We badly need an update from core team... even if it's conditional update.
coopheal
12-07 08:56 AM
My lawyer mentioned that we have to be in same or similar position at the time filing I-1485 and when its being adjudicated. After filing and before adjudicating we can be in any other position.
Is this correct?
Is this correct?
more...
chvs2000@yahoo.com
08-17 10:56 AM
Hi all , Thanks for the responses. Actually Marriage certificate and medicals were in the packet, I forgot to list it here. After going through the instructions i see my employer sent the application to a wrong address.
Instructions say that for 140 related cases it should be sent to Nebraska or texas service center depending on where you live. Instead it has been sent to the Chicago lock box facility.
Now when i resubmit this package to the right place do I have to include a copy of the rejection notice(I 797 C)? also every page has a line printed on it sideways along the right edge. I am not sure if resubmission means sending the rejected packet as is or prepare the forms again and send the new ones.
In addition to checking the appropriate response in your I-485 form, you (wife)have to confirm that you are filing as a derivative of the husbands primary petition (Part 2, response should be "b" please make sure again! you may even use highlighter pen) you may include your husbands I-140 as well as Labor certification copies and highlight the Priority dates in these forms with brilliant colors.
Marriage Certificate is a must.
Also I would include the last years tax returns for your husband and the sealed medical clearance from your doctor, to make it rejection proof!
A cover letter as well as a "DO NOT OPEN IN MAIL ROOM" addressing the Service center director, and placing it over a double bagged packaging of the whole thing may also help.Somehow you have to convince the morons in the mail room that it is "RESUBMISSION DUE TO USCIS ERROR"
Wish you all the best!
Instructions say that for 140 related cases it should be sent to Nebraska or texas service center depending on where you live. Instead it has been sent to the Chicago lock box facility.
Now when i resubmit this package to the right place do I have to include a copy of the rejection notice(I 797 C)? also every page has a line printed on it sideways along the right edge. I am not sure if resubmission means sending the rejected packet as is or prepare the forms again and send the new ones.
In addition to checking the appropriate response in your I-485 form, you (wife)have to confirm that you are filing as a derivative of the husbands primary petition (Part 2, response should be "b" please make sure again! you may even use highlighter pen) you may include your husbands I-140 as well as Labor certification copies and highlight the Priority dates in these forms with brilliant colors.
Marriage Certificate is a must.
Also I would include the last years tax returns for your husband and the sealed medical clearance from your doctor, to make it rejection proof!
A cover letter as well as a "DO NOT OPEN IN MAIL ROOM" addressing the Service center director, and placing it over a double bagged packaging of the whole thing may also help.Somehow you have to convince the morons in the mail room that it is "RESUBMISSION DUE TO USCIS ERROR"
Wish you all the best!
LostInGCProcess
02-24 05:33 PM
Hi-
I will be applying for my 3rd H1-B extension soon. If for some reason the H1-B renewal gets rejected, do rules allow for applying for a H1-B transfer soon after the rejection.
Thanks
If your 3rd H1B renewal is rejected and lets assume your current H1 also is expired, then you would have to leave US immediately. There is no grace period as such. But practically, if it takes some time to windup, there is nothing much you could do about it.
If the extension is rejected before the current H1 expires, you have the chance to file again thru the same employer or another one.
However, keep in mind, you can always challenge the decision of USCIS, if you think you have a strong case.
Chao
I will be applying for my 3rd H1-B extension soon. If for some reason the H1-B renewal gets rejected, do rules allow for applying for a H1-B transfer soon after the rejection.
Thanks
If your 3rd H1B renewal is rejected and lets assume your current H1 also is expired, then you would have to leave US immediately. There is no grace period as such. But practically, if it takes some time to windup, there is nothing much you could do about it.
If the extension is rejected before the current H1 expires, you have the chance to file again thru the same employer or another one.
However, keep in mind, you can always challenge the decision of USCIS, if you think you have a strong case.
Chao
smuggymba
05-12 01:35 PM
The civil surgeon does everything but you need to pay cash for it. If you have the documentation from your primary care physician, you could ask for a discount, which is what I did. Your insurance pays if you get it done from your PCP.
So, it always makes sense to get it done via PCP and then take that documentation to the Civil Surgeon. If we get a discount - great; otherwise still ok.
Does CS do the exactly same tests as PCP?
How much time does it take to get results from CS?
How much does CS charge?
So, it always makes sense to get it done via PCP and then take that documentation to the Civil Surgeon. If we get a discount - great; otherwise still ok.
Does CS do the exactly same tests as PCP?
How much time does it take to get results from CS?
How much does CS charge?
Robert Kumar
02-24 03:18 AM
Hi-
I will be applying for my 3rd H1-B extension soon. If for some reason the H1-B renewal gets rejected, do rules allow for applying for a H1-B transfer soon after the rejection.
Thanks
Good Q. What happens in this case.
Also what happens if existing visa expired 4 months back, and current H1 B-renewal is pending for 6 months now. PP is an option, but what happens if the current H1B in processing gets denied. Will there be an RFE before denial.
Anybody waiting for 6 months for h1B approval.
Thank You,
Bobby.
I will be applying for my 3rd H1-B extension soon. If for some reason the H1-B renewal gets rejected, do rules allow for applying for a H1-B transfer soon after the rejection.
Thanks
Good Q. What happens in this case.
Also what happens if existing visa expired 4 months back, and current H1 B-renewal is pending for 6 months now. PP is an option, but what happens if the current H1B in processing gets denied. Will there be an RFE before denial.
Anybody waiting for 6 months for h1B approval.
Thank You,
Bobby.
a1b2c3
09-05 03:26 PM
Folks,
To celebrate or not to celebrate is the question. I received this email from my attorney's office:
Congratulations! You and your wife are now Legal Permanent Residents of the United States! It has been confirmed this afternoon your I-485 applications were approved this week and your green cards have been ordered.
However, my online status did not change. My question is : Has USCIS stopped updating online status ? or Is this a mistake on my attorney's side ?
Can I do anything in the next 3 days to confirm what happened to my case ? Suggestions appreciated.
It is going to be a long long long weekend for us.
Congratulations!
To celebrate or not to celebrate is the question. I received this email from my attorney's office:
Congratulations! You and your wife are now Legal Permanent Residents of the United States! It has been confirmed this afternoon your I-485 applications were approved this week and your green cards have been ordered.
However, my online status did not change. My question is : Has USCIS stopped updating online status ? or Is this a mistake on my attorney's side ?
Can I do anything in the next 3 days to confirm what happened to my case ? Suggestions appreciated.
It is going to be a long long long weekend for us.
Congratulations!
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