raysaikat
05-15 07:39 PM
Dear All:
I am currently in my 7th year on H-1B (with I-140 approved) and my H-1B Visa expired a year ago and my current I-94 valid until next 2 years (same case for my dependants).
I am switching my employer now and my family is planning to goto India and when they go for visa stamping through my new employer - do you think they will get into the trouble because my visa (with old employer) is already expired?
And FYI - myself/my fmaily already had US Visas stamped for atleast 4-5times already in the past through various employers.
The primary applicant's H1-B status must be valid for the dependent to get H-4 VISA stamp. The primary's own VISA stamp is not an issue.
I am currently in my 7th year on H-1B (with I-140 approved) and my H-1B Visa expired a year ago and my current I-94 valid until next 2 years (same case for my dependants).
I am switching my employer now and my family is planning to goto India and when they go for visa stamping through my new employer - do you think they will get into the trouble because my visa (with old employer) is already expired?
And FYI - myself/my fmaily already had US Visas stamped for atleast 4-5times already in the past through various employers.
The primary applicant's H1-B status must be valid for the dependent to get H-4 VISA stamp. The primary's own VISA stamp is not an issue.
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GCBy3000
07-08 10:06 AM
It is illegal if the part time employer paid you directly. However, I believe it would not be illegal if you were paid by one employer.
Example : Working for employer A on his payroll. ( COnsulting)
Consulting for B - fulltime
Consulting for C - Partime
Both pay your consulting company and that company pay you through single pay roll. Will this be illegal? I am not sure. By the way, I did not do this, but it came across my mind.
Folks, can security check uncover unauthorized part time work whiles on H1. Will this be reported to USCIS? If so will that be a basis for denial for a green card? Any information or precedence?
Example : Working for employer A on his payroll. ( COnsulting)
Consulting for B - fulltime
Consulting for C - Partime
Both pay your consulting company and that company pay you through single pay roll. Will this be illegal? I am not sure. By the way, I did not do this, but it came across my mind.
Folks, can security check uncover unauthorized part time work whiles on H1. Will this be reported to USCIS? If so will that be a basis for denial for a green card? Any information or precedence?
VenuK
07-11 01:57 AM
What is Security Clearance?
who does it
when does it happen
what exactly happens during this process.
what exactly do they look for.
also
could you pls look into my case. any kinda advice is greatly appreciated.
here is the link to my case:
http://immigrationvoice.org/forum/showthread.php?t=20055
--------Additional Information related to my case ----------
==========POINTED TO BE NOTED=================
1. Why extension was denied, what was in RFE?
venu_mk: RFE was due to
a. lack of documents,
b. they needed company no.of employers update info which uscis did not have on there record.
c. client letter
d. clearly defined path between employer and client relationship( had 2 vendors between them) I had to show contracts and workorders between each of them.
2. Did you get the approval for Company X after your apeal
venu_mk: appeal on denial case is still in process. what i heard after talking to different lawyers is it will take atleast 6 to 9 months of time. im still waiting on that.
3. Why are you still working with Company X,and when do you plan to join Co. Y
venu_mk: because i cannot work with company Y unless i get visa stamped.i talked to owner of company Y he said he wont generate pay stubbs unless i get stamped. One thing is i have applied I-797 from Company Y through CONSULAR PROCESSING. my lawyer says the same thing u cannot work on Company Y unless u get stamping done.
4. Are you going to get visa stamped with Co. X or Co. Y
venu_mk: Obviously with Company Y.
==========ADDITIONAL INFORMATION ABOUT MY CASE=============
On I-797 from Y it doesn't have I-94 number on it anywhere. since its through consular processing.
In order to work with Y, i have to get stamped first then only pay stubbs are generated
The result of the appeal is still pending....
one thing for sure that i have decided is that , I will only go for stamping AFTER my PIMS Verification is done in TIjuana, Mexico.
I'm pretty confused...
Please help me
With Thanks in Advance,
Venu
who does it
when does it happen
what exactly happens during this process.
what exactly do they look for.
also
could you pls look into my case. any kinda advice is greatly appreciated.
here is the link to my case:
http://immigrationvoice.org/forum/showthread.php?t=20055
--------Additional Information related to my case ----------
==========POINTED TO BE NOTED=================
1. Why extension was denied, what was in RFE?
venu_mk: RFE was due to
a. lack of documents,
b. they needed company no.of employers update info which uscis did not have on there record.
c. client letter
d. clearly defined path between employer and client relationship( had 2 vendors between them) I had to show contracts and workorders between each of them.
2. Did you get the approval for Company X after your apeal
venu_mk: appeal on denial case is still in process. what i heard after talking to different lawyers is it will take atleast 6 to 9 months of time. im still waiting on that.
3. Why are you still working with Company X,and when do you plan to join Co. Y
venu_mk: because i cannot work with company Y unless i get visa stamped.i talked to owner of company Y he said he wont generate pay stubbs unless i get stamped. One thing is i have applied I-797 from Company Y through CONSULAR PROCESSING. my lawyer says the same thing u cannot work on Company Y unless u get stamping done.
4. Are you going to get visa stamped with Co. X or Co. Y
venu_mk: Obviously with Company Y.
==========ADDITIONAL INFORMATION ABOUT MY CASE=============
On I-797 from Y it doesn't have I-94 number on it anywhere. since its through consular processing.
In order to work with Y, i have to get stamped first then only pay stubbs are generated
The result of the appeal is still pending....
one thing for sure that i have decided is that , I will only go for stamping AFTER my PIMS Verification is done in TIjuana, Mexico.
I'm pretty confused...
Please help me
With Thanks in Advance,
Venu
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raysaikat
11-13 02:34 PM
Appreciate your prompt response Raysaikat. If I get the J1 waiver from Australia, can I file directly under the EB2-NIW without changing to H1B.
Yes. EB2-NIW (in general, any green card application) has no relation with H1-B.
After completing my MS (Molecular Biotech) and PhD (Veterinary Science) in Australia, I am currently working on a J1 visa for the last 3 years in US university. My employer cannot sponsor my H1B/ Green card but I can get recommendation letters and I have 6 publications including 3 first authors. Thanks, Palani
Yes. EB2-NIW (in general, any green card application) has no relation with H1-B.
After completing my MS (Molecular Biotech) and PhD (Veterinary Science) in Australia, I am currently working on a J1 visa for the last 3 years in US university. My employer cannot sponsor my H1B/ Green card but I can get recommendation letters and I have 6 publications including 3 first authors. Thanks, Palani
more...
cooler
02-24 12:51 PM
Haitians might be eligible for TPS (Temporary protected status) because of the recent earth quake. Not sure if this applies for people already in USA or not.
Try exploring that. Like Madan said, you would need to be a citizen if you want to sponsor her GC.
Hi, My mother lives in Haiti, i was not able to file a petition for her before the earthquake happened. Now with all of that going on, i need to know how to file and get her quicker to the us? Any response will be greatly appreciated, thank you
Try exploring that. Like Madan said, you would need to be a citizen if you want to sponsor her GC.
Hi, My mother lives in Haiti, i was not able to file a petition for her before the earthquake happened. Now with all of that going on, i need to know how to file and get her quicker to the us? Any response will be greatly appreciated, thank you
mrdelhiite
08-11 11:59 AM
hello all,
i filed my application on july 2nd to nebraska service center. Now i am filing my wife' application using the new updated 485 form. i sent my application to nebraska service center. i live in florida and in the new form i have noticed that they are asking people from florida to send 485 application to texas service center.
i am confused as to where i should send my application. i am attaching a sheet which asks mailroom to attach my wife's new application to already filed my application ( sent on 2nd july with no recepit ).. i am just confused that if i send my application to texas will it get attached to my primary already filed application... any one in same situation or any insite please help.
thanks
-M:confused:
i filed my application on july 2nd to nebraska service center. Now i am filing my wife' application using the new updated 485 form. i sent my application to nebraska service center. i live in florida and in the new form i have noticed that they are asking people from florida to send 485 application to texas service center.
i am confused as to where i should send my application. i am attaching a sheet which asks mailroom to attach my wife's new application to already filed my application ( sent on 2nd july with no recepit ).. i am just confused that if i send my application to texas will it get attached to my primary already filed application... any one in same situation or any insite please help.
thanks
-M:confused:
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supers789
09-21 05:07 PM
Thanks for the reply. But I have not yet received the approval. I have just received the receipt of H1B transfer application, and I am worried if they would not approve H1B transfer application since middle name has a typo. Please reply.
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vin13
06-24 07:30 PM
Advance Parole is not a requirement to maintain status. AP is used to get back into the country based on a pending 485. If you have a valid H1/H4 and just want to stay with it and get back on H1/H4 that is totally fine. AP is optional in your case.
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Tommy_S
05-21 01:57 PM
The first one isn't bad. ;)
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Steven-T
February 7th, 2004, 07:03 AM
See:
http://www.sportsshooter.com/message_display.html?tid=7345
Gene Bevins post.
I sincerely hope this is just a joke, or a rumur at best.
Replacing your head, who have you become?
We need competition. Canon is going to kill the Canonians. Many Nikonians are posting to switch too. Me included.
Steven
http://www.sportsshooter.com/message_display.html?tid=7345
Gene Bevins post.
I sincerely hope this is just a joke, or a rumur at best.
Replacing your head, who have you become?
We need competition. Canon is going to kill the Canonians. Many Nikonians are posting to switch too. Me included.
Steven
more...
shaji_p_j
08-05 12:51 AM
you may need to apply for h4 again since she used the EAD. Discussing with a good attorney who is knowledgable on this case is very important. Hope you have not used your EAD if got one. If used the issues can be worse as you may lose your h1B status as well.
Please update your case. I may also face such a sitaution . But not sure at this moment.
Which service center you applied the AOS and when?
Shaji.
My wife got EAD card while she was on H-4 (I am on h-1). She used it for few months. She got RFE for 485 for visascreen (for nurses). It looks like she will not be able to produce the visascreen certificate within the RFE date and after grace period (33 days after denial notice of RFE).
Now when she gets the denial notice for I-485, subsequently, the EAD status becomes invalid. in this case, what will be the staus?
H-4 or no staus?
Upon the denial, do i need to reapply for H-4 status or she gets the h-4 status automatically since she has H-4 and EAD evan though she used EAD in the past.
Currently on passport, the H-4 status expires on Feb 08.
Please update your case. I may also face such a sitaution . But not sure at this moment.
Which service center you applied the AOS and when?
Shaji.
My wife got EAD card while she was on H-4 (I am on h-1). She used it for few months. She got RFE for 485 for visascreen (for nurses). It looks like she will not be able to produce the visascreen certificate within the RFE date and after grace period (33 days after denial notice of RFE).
Now when she gets the denial notice for I-485, subsequently, the EAD status becomes invalid. in this case, what will be the staus?
H-4 or no staus?
Upon the denial, do i need to reapply for H-4 status or she gets the h-4 status automatically since she has H-4 and EAD evan though she used EAD in the past.
Currently on passport, the H-4 status expires on Feb 08.
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sodh
07-27 06:45 PM
So we need to choose local lawyers only? we don't have any options to Non-Local(Other State) lawyers?
This is I am assuming you have given USCIS your NJ address, every Lawyer has to have License in the State he practices, if your CA Lawyer has a License to practice in NJ you can always call him to represent you. If this helps.
This is I am assuming you have given USCIS your NJ address, every Lawyer has to have License in the State he practices, if your CA Lawyer has a License to practice in NJ you can always call him to represent you. If this helps.
more...
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Anders �stberg
April 3rd, 2005, 01:39 PM
I like #2, nicer colors and looks more natural to me.
Depends on what you want it too be, #2 is water to me, add more contrast to #1 and it's a nice metallic abstract.
Depends on what you want it too be, #2 is water to me, add more contrast to #1 and it's a nice metallic abstract.
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baldev.thakur
05-18 04:50 PM
My Green Card is stuck at EB2 Stage but all this time I forgot that I have potential for a British Citizenship based on my birth place and Father being a Britisher.
Now can I reapply as a Brit - all over again hoping to get past the long queue. I am not interested in gaming - dont get me wrong - I had been in UK for some 5-6years working and am easily eligible for to get UK Citizenship that I did not explore. Now can I change the situation ?
Now can I reapply as a Brit - all over again hoping to get past the long queue. I am not interested in gaming - dont get me wrong - I had been in UK for some 5-6years working and am easily eligible for to get UK Citizenship that I did not explore. Now can I change the situation ?
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pd_recapturing
10-24 07:57 PM
Absolutely, you can apply a fresh labor any time irrespective of your filing stage. Lots of people do that.
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perm2gc
12-09 03:05 AM
Hi,
I am going to get married next week.
I am a H-1b visa holder and I have applied for green card. I am waiting to get approval of I-140.
I want to file the H-4 visa for my wife and I have couple questions :
1) How difficult is to apply for H-4 ? Do I need a lawyer for that ?
2) How will my new status effect my green card application ? Do I need to apply again for I-140 ?
Thank you for your help.
Andrea
1. First time it is always good to approach thru an immigration attorney.
2.No you don't have to.
I am going to get married next week.
I am a H-1b visa holder and I have applied for green card. I am waiting to get approval of I-140.
I want to file the H-4 visa for my wife and I have couple questions :
1) How difficult is to apply for H-4 ? Do I need a lawyer for that ?
2) How will my new status effect my green card application ? Do I need to apply again for I-140 ?
Thank you for your help.
Andrea
1. First time it is always good to approach thru an immigration attorney.
2.No you don't have to.
more...
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frostrated
09-30 07:01 PM
no. Comp A cannot apply for H1 extension as the PERM labor is not held by them. What you can do is get an EAD and continue to work for Company A, but then Company A will have to take over the process using AC21
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akgind
11-11 06:41 PM
I can feel your concern, jk. Am in the same situation. We just got our GC along with our daughter, EB2, PD of Aug02. Our son, however, turned 21 in 2004 and missed the boat because labor was stuck in BEC till 2007.
The rule is that the child should be less than 21 at the time 485 is applied. The CSPA of 2001 gives credit for the time 140 was pending. In most cases this effectively means that the age is locked on the date of 140 application.
The CSPA does not give credit for the time labor is pending. Labor pending was not backlogged when CSPA was enacted, 140 was. Hence the law.
I do not know if there is any way out. I have heard that the aged-out child might be able to claim the PD of the parents if and when s/he applies for GC based on own employment. Nothing authentic, though.
The rule is that the child should be less than 21 at the time 485 is applied. The CSPA of 2001 gives credit for the time 140 was pending. In most cases this effectively means that the age is locked on the date of 140 application.
The CSPA does not give credit for the time labor is pending. Labor pending was not backlogged when CSPA was enacted, 140 was. Hence the law.
I do not know if there is any way out. I have heard that the aged-out child might be able to claim the PD of the parents if and when s/he applies for GC based on own employment. Nothing authentic, though.
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laststraw
06-23 01:47 PM
Thanks fromnaija.
Will my I485, which was filed in July 2007, be automatically re-activated if my EB2 AAO appeal is approved?
I won't be filing my new I140 until probably sometime next year as I am just working on my PERM advertisements now. I am assuming that there is no time limit to using a priority date from an earlier I140.
Will my I485, which was filed in July 2007, be automatically re-activated if my EB2 AAO appeal is approved?
I won't be filing my new I140 until probably sometime next year as I am just working on my PERM advertisements now. I am assuming that there is no time limit to using a priority date from an earlier I140.
fran5477
04-04 10:36 PM
I have been looking topics like this one. Does anybody know if H-1 H-4 can apply for financial aid? does it come up during GC process as goverment aid and therefore could put you GC approval in danger of being rejected? I read somewhere a list of federal help we can use and be OK. Does someone know where to find info?. I have a daighter H-4 who starts college this year. She qualifies for in state tuiton. Does this affect her GC process? You never know when issues like this will surface along your process. I don't want to make any mistakes. Is someone in similar situation?
sidbee
05-27 12:41 PM
http://online.wsj.com/article/SB124338175183056465.html
Accenture is one of the big US consulting companies. They are moving to Ireland , as Mr President is trying to make Tax laws to stop outsourcing.
Looks like IBM would be the next to follow.
Accenture is one of the big US consulting companies. They are moving to Ireland , as Mr President is trying to make Tax laws to stop outsourcing.
Looks like IBM would be the next to follow.
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