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lhk86

08-12 10:42 AM

My wife has her H-4 visa expired. She has her papers(I-797) valid until Dec 2010.

My firm plans on filing an extension for my H1 and my wife's H4 next month. Is it ok for her to stay in India while the H1/H4 extension is getting processed?

Is it ok to travel via Frakfurt? Would she need a transit visa?

Please advice. Thank you,for your responses.

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Becks

03-16 07:23 PM

Wait till you get your new H1 if possible and enter with new visa stamped on your passport. That is the cleanest way. You can also enter with previous H1 visa(with previous employer) and show the new I797. But i recommend you to go for cleanest approach.

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jungalee43

11-17 10:31 PM

Great Job. I left NC just a year ago. Wish I was there with you to be a part of this. But anyway I am active in my new state IV chapter.

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ohguy

02-12 11:44 PM

Thanks GC check!

Yes I am using EAD and AC21 for joining new employer and job title and responsibilities are very similar.

Can I hire a new attorney who can access that information? Or the new company attorney? I think it's going to be impossible to make my present company attorney reveal that detail to me. Since this information is public I think there should be some way to get those details. Please help.

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Pallavi79

01-13 01:41 AM

She can get easily.
I would like to bring my grandma but worried about her health insurance.

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humsuplou

07-02 06:42 PM

Great! Thanks everyone!

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ferozmd

09-21 04:12 PM

I'm in the same boat.

Applied for 485/Ap/EAD on July 18th. Pending I140 was approved on Sep 14th. Checked online status the same day and LUD was 9/14.

After reading your post today, I checked the online status again and the LUD is 9/17.

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Roger Binny

05-22 09:05 AM

Which center your case is in, Nebraska ?

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indianabacklog

10-19 01:59 PM

Anybody??:(

You can request assistance from the airline. My elderly mother travels alone twice a year to visit me and the respective airline are always more than helpful, meeting her off the plane and making sure she knows which gate to go to etc.

On a funny note she was most offended that they felt a wheelchair was appropriate and insisted that is only for old people. She is 77.

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eilsoe

09-29 05:43 PM

I think the words look kinda weird on a heavy grid like that, and the flare in the background looks a little grittish.

Should have the same sharpness as the rest of the image...

oh, and add some color! unless it's the black&white look you're after :P

neat...! :) Good for a first try...!

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vikki76

02-27 05:48 PM

Indian banks usually issue a check/banker's check in name of educational institute.You don't need to pay any tax on it.Then that check is deposit to Univ's/Institute's registrar/bursar office.
You will have to pay indian bank certain interest in quarterly/monthly basis.

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mrajatish

06-25 06:46 PM

does that mean no hope left ? what r the other options ? isn't this whole process is for future employment and if i am licensed now than whats the problem in future employment i don't understand that part "future employment". i am on h1 now and if i will get my residency than i will be working at that position and i am licensed now. then why does the old date matters.

is it true guys ??

Because the LC is for a particular qualiication that needs to have happenned at that time - would it be ok if they calculate a new LC salary by adding the inflation?

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pappu

12-18 10:55 AM

It was during the busy time. However logiclife did speak in that event and meet with other invited people.

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Pallavi79

01-13 01:41 AM

She can get easily.
I would like to bring my grandma but worried about her health insurance.

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milind70

07-31 05:37 PM

I applied my I-140 in february, 2007. In their system it's showing that it'd been received in FEb 8, 2007. and the case is still pending. As a EB3 from bangladesh when can i expect the approval. Lots of applications those were sent after mine have already been approved. I didn't receive any RFE or anything till now. Can anyone please help me with the update....

thanks ahead....
140 processing has got nothing to do with your country of origin. Country of origin is used for quotas in AOS/485

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amitjoey

05-23 06:41 PM

Please also webfax to your PA Senators.
http://immigrationvoice.org/index.php?option=com_iv_webfax&task=getContactDetails&Itemid=46

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grinch

06-24 06:18 PM

Thanks gh0st, appreciate that.

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IN2US

03-11 07:53 AM

Start renewing your passport asap. Its not a good idea to send expired/to be soon expired passport to USCIS. We will never know what kind of questions they ask. So my advise is please renew the passport asap. It takes max 2 weeks (Indian passport not sure about other countries).

just wanted to give an update on my H1-B transfer,
it is approved and I'm still waiting for my renewed passport from SFO.

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sunny1000

01-09 02:41 PM

I think you will have to wait until the first transfer petition is completed. Please check with an immigration attorney. You can file I-907 to expedite the processing using premium processing. Again, please check with an attorney before you proceed.

Dear All,

I saw your website & thought may be you guys can help me solving my query about H1 transfer. I am holding a H1B valid till 2009. A month back a new company had filed a H1 transfer & I started working for them. Now I have 2 paystubs from this new company & I am getting a very good offer from another company & I would like to go for this offer. So my question is on the basis of these two recent paystubs can I get my visa transferred to the 3rd company while another visa transfer is in progress?

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kobi

09-18 10:46 PM

I applied for H4 to H1 conversion (April'06) and then travelled to India (May'06). I came back on H4 (Jun'06). After one month my H1 was approved which includes a new I 94 valid from Oct'06.

Is this H1's I94 valid..?, as per law USCIS should abandon COS approval if alien travels out of U.S during its process.

Can I start my employment from Oct '06 or do I have to get my H1 stamped.

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aniraj

02-07 01:10 PM

Just for the information & thought would share the experience:
My wife & Daughter visited CAnada: my wife with a valid H4 stamp till Jun 2011 & my daughter with AP since she had no stamp of H4 in her passport (She had a renewed H4 I 539 but did not restamp)
While going we went to the check in counter & asked the lady at check in counter to remove the I-94's
While coming at Toronto airport my wife got the new I-94 stamped till June 2011 at the immigration counter & then she went to secondary inspection room with my daughter for her AP & I-94 stamp. Other thatn an hr of wait everything was normal. The lady at secondary inspection asked my wife if the daughter has unexpired H4 & my wife said no but she has the renewal notice till June 2011 & offered her if she (the officer) would liked to see it but she said no.
Then they had to wait for an hr as there is no token system once you submit yr papers at secondary inspection & they call you in random order near the window again. When both of them were called instead of the initial lady officer there was a guy who actually was very nice & in fact taleked to my daughter about how she liked to live in US & about the recent weather & big snow storm etc.etc & they were through to the gate for boarding!
One interesting thing though is my wife flew united & she printed the boarding passes on line with every information regarding the documents pre entered but the lady on first immigration counter said those were not the correct boarding passes & she had to go again to the check in counter & get the boarding passes again from the check in counter.
So I wonder if it is useful to web check in when you are travelling to Canada & coming back thru US immigration
Rest was all well without any issues.
Thought would help all those who wanted to know.

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srinivas_meena_vinu

07-18 12:05 PM

Thanks.

Mine is not a Lobour substitution. In fact I am in L1A and mine has been filed in EB3 category. It is done by PERM and it has been approved. My designation is Program Manager and based on that the Labour was filed. My company is doing well and also pays well.

Please advice if that would help.

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Karthikthiru

06-22 10:06 AM

I already checked with my attorney - a scanned copy is enough

Karthik

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pa_arora

11-07 07:25 PM

That was an old news. Around 60000 visa's were pre-allocated to pending applications before July 2nd, 2007. I would be very surprised if the numbers are not much more than 18000 for India EB3. India used to get around 40-45 K visas per year for all EB categories before 2005 since the soft quota was introduced. All these numbers are avilable on USCIS website.
How can India get more than its quota ie 9% per country limit??

BTW, What is "soft quota"?

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mariner5555

04-29 04:00 PM

I came across this one very interesting read on how the Visa cutoff dates are established...

http://judiciary.house.gov/media/pdfs/Oppenheim070606.pdf
I had a similar question -- how does processing dates work ? for eg - texas processing dates shows -- the date to be june/2007.
say for EB3 the visa date is nov 2001 and if a person X with a pd of mar/2003 applies for his 485 on july 2007 ...will his case be processed ??
(In other words - will they even touch his file or will they wait for the visa dates to become current before touching the file ??)

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gcslave

07-07 10:09 PM

Priority date is Mar 05.

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sonia_sd

11-10 03:35 PM

Tareek pe Tareek, Tareek pe Tareek...GC dene wala nahi rehta...GC lene wala nahi rehta....sirf reh jaati hai TAREEEK!!! ;)

If you don't know what I'm talking about...

YouTube - DAMINI - Tareekh Pe Tareekh (http://www.youtube.com/watch?v=4tHLAQVPZ48)

I want to play sunny deols role but who will be My lord here ?? USCIS / DOS :)))

Nice post thx

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Lou76

08-03 01:00 PM

Almost 2 years ago I visited an attorney to talk about my I-130. I wasn't very inform at the time and I think the attorney took advantage of me. My mother had recently become a US citizen in 2007 when i visit this attorney. In 2005 my mother filed an I-130 for me so when she became a US citizen I thought I should visit an attorney to "upgrade my petition" since my mother was not longer a permanent resident but a US citizen.

The attorney filed a Form G-28 - Notice of Entry of Appearance as Attorney or Representative which claimed was the petition upgrade. Recently, this past Friday I received noticed that my I-130 has been approved.

Today, I try to contact someone in the attorney's office but all I get is the voice mail. To be honest I have no trust in this attorney but I already paid $850 for this attorney's service which in verbal agreement said to my mother would receive a discount for the next steps in my case. But this attorney has done nothing for me just file a G-28 so a noticed would be delivered to their office.

I would like to know if I decide to find another attorney is there a way I can receive my $850 back some how through the new attorney or with certain process?

Thanks!

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krupa

07-10 02:48 PM

Visa Bulletin
Number 108
Volume IX
Washington, D.C.


The Visa Bulletin for July 2007, posted on June 12, must be read in conjunction with the Update of July Visa Availability, posted on July 2.

The Update of July Visa Availability, posted on July 2, must be read in conjunction with the Visa Bulletin for July 2007, which was posted on June 12.

In put by Krupa:
=============
Why DOS issued the above mentioned new bulletin on 9th July 2007 ?
What is the legal implications before and after issuing this bulletin ?

Any one can update this thread please?

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mallikonnet

07-07 09:22 PM

My H1-B is expiring in December 2007. I have approved I-140 now and am hoping to get 3 year H1-B extension based on my approved I-140. Do you think I can get 3 year extension even if the visa numbers for filing AOS is current? Does AC21 apply to this case? Please suggest.


yes you can extend h1b with out any problems

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rockstart

10-06 11:35 AM

Employer needs to stop smoking weed and concentrate on work. Jokes apart there was no such proposal ever in pipeline so there is no way anything like this ever was approved. 6 year limit on H1 is a law that cannot be changed by admin process. It needs to pass house & senate. Also 6 year limit makes lot of people go back to home countries and uncle sam can consume their SS & Medicare taxes.

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micofrost

07-24 04:12 PM

I entered US last december 2007 with a visitors visa,allowed me to stay for 6 mos.,last march 2008 I married my fiance who has a H1b visa and is working right now here in the US and last May 2008 I Applied for a change of status from visitors to H4 dependent..Until now the case is pending but right now we had a family crisis back home and I have to go back home asap...what will happen with my application if I go home...Will I still be able to come back here and will I be out of status if I leave my pending application here???

Make sure you have the copy of the application you filed for change of status while you were here. Or any receipt notice.
You can come back to US but b4 that you have to stamp a H4 visa at your country's US consulate. All should be fine assuming you had filed Change of Status application b4 expiry of your B2 I-94

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gcnirvana

05-03 05:46 PM

All,
I am a little confused. I just got my H1B extension done recently and my attorney sent me a letter saying that if I go out of the country for stamping I need to make sure my Passport is valid beyond the H1B period.

My passport expires in May 2008 and my current H1 is valid till July 2010. Does anyone see any issues in going for stamping in India in July 2007 with my current passport and later on some time next year applying for a new Indian passport.

Appreciate your help

Your passport should be valid atleast 6 months from the date of stamping. So I think you should be okay. Also, its better to apply for a new passport 6 months before your old one expires. And once you get your new passport you'll have to carry both your new and the old ones as your old one will have the stamping till July 2010. Hope this helps!

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sundar99

05-01 03:56 PM

http://www.cnn.com/2006/US/05/01/immigrant.day/index.html

4:00 ET
p.m. 1:00 PT
p.m. The Situation Room: Day without immigrants. We're covering the walkouts from coast to coast. Will they backfire?

6:00 p.m ET . 3:00 (PT)
p.m. Lou Dobbs Tonight: Thousands of immigrants walk off the job and demand amnesty. What it all means to you and your job.

7:00 (ET) p.m. 4:00 (PT)
p.m. The Situation Room: It's been three years since President Bush declared major combat operations were over in Iraq. So do Americans think it's "mission accomplished?"

8:00 (ET) p.m. 5:00 (PT)
p.m. Paula Zahn NOW: Brutality as entertainment? Why pranksters are getting away with going around slapping innocent people.

9:00 (ET) p.m. 6:00 (PT)
p.m. Larry King Live: The immigration debate heats up with protests and boycotts across the country. Lou Dobbs joins Larry to discuss the issue dividing America.

10:00 (ET) p.m. 7:00 (PT)
p.m. Anderson Cooper 360� : No work, school or shopping. Immigrants are set to take part in protests nationwide. We're live on the border.

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wellwishergc

02-27 12:51 PM

I think these bills are too complicated and have possibilities of failing on the house floor, even if they pass through the senate..

My question to the group is: Does it make sense for us to lobby for changes to existing laws as 'amendments/enhancements' (do not know the exact term), which need not go through this full-blown congressional approval process.. Another issue that we are facing with the bills such as immig. comprehensive bill is that we get tagged together with illegal immig., so it becomes all the more probable to get rejected. I am just being realistic and urging the IV team to add one more action item to the agenda and see if we can put some efforts towards this additional agenda.

I think, in addition to supporting the bills, we should look at this additional possibility. Something like allowing I-485 even though the number is not available, just requires an amendment to the existing law. It does not require additional quota, so there is no major impact to immigration law as a whole. So, we may not need to wait for a bill to clear, in order for such reliefs to be approved.

My take is: we should strive for 3-pronged approach - 1) near short term approach is to ask for immediate relief such as I-485 filing without the visa number availability; there may be other such reliefs possible - 2) short term approach is to support the current bills being considerd, as we are doing already - 3) long term approach is to think of what is the backup plan in case 1 and 2 fails

Just thinking out loud here.

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rb_248

09-10 04:36 PM

Folks,

I got a RFE asking for a copy of birth certificate and bio info. I had sent my BC and bio info before while applying for 485 last august. I was hurrying up my lawyer to send the response as soon as possible.

My lawyer emailed me that since there is a spelling difference in the way my name is shown in my BC and in all other docs, I will be subject to additional security checks and there is no point in hurrying. Is this true or is my lawyer using this as a delay tactic ?

My name in my BC ends with .......iam and in all other docs ends with .....iyan. Should this cause a problem ?

Please share your thoughts and help me.

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new_horizon

04-06 02:08 PM

I think it should be fine as long as the visa page is not tampered or damaged, and the electronic information can be read. Also since she has a new pp, it should not be a problem. She should carry both the old and new pp with her.

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malibuguy007

05-04 09:11 PM

If you are on H1 then the ticket should be provided for by your employer - that is my understanding of the law.

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rpatel

10-18 11:34 AM

I think fromnaija got it reversed. I think you can file form I-824 to change your request for adjustment of status (on I140) to consular processing. The processing time for this form is lengthy...and questions may arise why as to you left the country and if the job offer was still valid...epecially if you were working for the sponsoring empolyer at the time of original petiton.

As far change as changing from consular processing to adjustment of status...I think this is a simpler process..you just file a I485 form when your dates are current.

Hope this helps.. Good luck

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rpatel

09-18 09:40 AM

The story goes some thing like this....

My labor was approved by Dallas BEC on 21st June'06 and my employer received a letter to that effect by end of June.
By July 25th my lawyer had everything else in place to file the I-140 but was yet to receive the stamped ETA forms from Dallas...so she concluded the approval was lost in mail. She sent the I-140 petition to nebraska on July 26th with a copy of the approval letter that my employer received along with a letter telling the orginal approval was lost in mail. The lawyer did finally receive the original approval in the first week of August (May be the postman took a scenic route :) ). The I-140 petition was forwarded to Texas under bi-specailization. I received an automated email from USCIS case notification that an RFE was issued on sept 1 but neither the lawyer nor my employer had received any RFE letter up until last Friday (sept 15) so I pressed her to find out more. She called the Texas service center and they told her 'The RFE was not for the employer' It was for the DOL...They sent a request to USCIS for a copy of labor approval and were waiting to hear back...

Now my questions:

1. I know you will say why not ask the lawyer to sent the approval she received in mail to USCIS and resolve the issue. I thought the same but lawyer thinks it will create additional confusion and advises we wait 4 more weeks to see if they decide on the case...if not..only then send the approved ETA forms. Do you think its a wise idea ?


2. Has any one else here gone through similar situation or know some one who did ? How long does it take for USCIS to receive a copy of labor from DOL ? Since Dallas is all electronic now..shouldn't it be as simple as forwarding a screen shot of ETA to the USCIS requesting officer ?

Since EB2 dates for India a retrogrogressed badly I am not in any particular hurry but it would be great if I can atleast get this 140 monkey off my back..Thankyou

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tjayant

10-16 11:53 PM

That is what i did. I'm in the same boat.

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pinak32

01-18 11:02 PM

I forgot to post my update - I actually did get my appointment with Xvars.com (http://www.xvars.com) . They got me the appointment about 2 days after I signed up, and I got my stamping done in Toronto on Dec 16th. I also chose Montreal as backup but got my original choice. Good luck to people stamping visas in canada. it is much easier and faster than going back to the home country.

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12-31 01:34 PM

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narentilwani

03-05 02:04 PM

I believe my situation is a lot similar to man-woman-and-gc except maybe that I am single. This is what I have achieved so far after sticking to Company A for 4.5 years (this one was pretty big in size; so didn't have to worry about any paperwork):

1) I-140 approved in August 2008 (total of 198 days till date i.e. March 5th 2009)
2) I-485 pending since July 2007 (USCIS receipt date of September 29 2007)
3) EAD valid till October 2010
4) H1-B valid till October 2010
5) PD: Feb 2007

However as a preemptive measure against any potential layoff from company A, I have started looking around. I am preparing a checklist of things that I have to inform the other companies (say company B) so that the transition is smooth. The 2 main things I can think of to talk about with any potential employer are:

1) I DEFINITELY want to maintain my H1-B; so they will have to transfer it. I will be pushing this to make sure I have the flexibility to get a dependent at any time

2) They will have to help me MAINTAIN my GC process. For example any minor changes in the position requirements to show that the job is similar or same. Thats one reason I am primarily looking at similar work profiles

I would GREATLY appreciate if someone from this thread can point me to any location or list out the things that I should be extremely careful about or notify to both my previous employer and the future employer to avoid any future pains in my GC process. A few things that I remember are as follows, but please provide more information that may be missed out here:

1) Do I have to ask Company B to apply for anything relating to my GC? I want to make sure that they know and agree to all costs associated with the paperwork? Dont want to end up paying from my pocket as I have heard in a few cases before

2) I believe since my I-140 is approved for more than 180 days or actually my I-485 being filed for more than 180 days, I am allowed to move, correct?

3) Since my I-140 is approved and I have an EAD, can USCIS/Company A cause it to be revoked? OR it doesn't apply to my case?

4) Do I need to ask Company A to maintain anything? Or just keeping good relations with them is enough :)

Thanks a lot to everyone in advance. Please let me know at your earliest convenience as you never know when opportunities come knocking at your door. Its better to be prepared ;)

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Springflower

12-22 02:16 PM

Hi,

I got 2 year EAD from NSC in August 2008.

Wanted to apply for Advance Parole (second time).

Is NSC issuing 2 year AP's ?

Wondering if any body got Advance Parole for 2 years from NSC.

Also, I appreciate if any one can share their experince about INFOPASS to get Advance Parole in case of emergency

(if one did not apply for AP & need to travel urgently).

Thenk you for your help!

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02-12 11:00 AM

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waiting4gc02

02-28 12:44 PM

Guys:
I am in my 9th year and have applied for extension (3 yr, based on approved I-140).

Now if my wife were to go to India and in a couple of months apply for her
H4-Visa stamping in Delhi. What are the documents that she needs to carry ?

Thanks

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gcgc2005

12-17 10:31 PM

Hello Everyone! Please advise me on the following agreement.

I am currently working with green card sponsored employer on H1B (I have my EAD). I have my I485 pending with I140 approved and its been more than 180 days since my I485 has been pending. I am looking to use AC21, but concerned with the following agreement. Is this enforceable? Its been couple of years since I signed this and I know it's still a long wait before my I485 is approved. Please advise.

"
This Addendum (part of the signed Employment Agreement by both parties) made as of - day of - by - and between XXXX company (hereinafter refereed to as "Employer") and - residing at - (hereinafter referred to as "Employee")

Employer has processed Green Card for the Employee. Employee agrees to work for a minimum of 6 months (Client Billable hours) with Employer after Employee gets his/her Green Card approved, sponsored by Employer. Employee agrees to pay $10,000 to Employer in case if Employee does not work with Employer for 6 months after getting the physical Green Card.

In the event that Employer commences litigation to enforce its rights under this Addendum and the Employment Agreement, Employee agree to pay for all filing fees, court costs, and Attorney's fees. In addition, should Employer incur pre-litigation costs in enforcing the Addendum, including but not limited to reasonable collection agency fees or pre-litigation attorneys fees and costs, then Employee agrees to reimburse Employer for all said costs incurred.

Governing Law: The laws of Common Wealth of Virginia shall govern this Addendum. Any litigation in connection herewith shall be brought in the state of federal courts for Fairfax, VA and both parties consent to such court's exercise of personal jurisdiction over them.

Employee represents that he/she has read and understand the terms of this Addendum, has had an opportunity to ask questions and to review this Addendum with legal counsel of his/her choice, is not relying on any advice from Employer in this regard, and is voluntarily signing this Addendum.
"

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clockwork

09-19 07:02 PM

Hi All,
My I-140 got denied on Sept 4th. I have not received denial notice till now. Only 2 more weeks to file MTR/Appeal. How should i proceed now? My attorney still wants to wait for more time.

Thanks and appreciate your help -

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06-09 02:10 PM

https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgUSPCj7o9mCtuTK4Qdg8xeHh-vI2HcpgQTwiyPAJLMImUVcZJXERLK7A_R65gxjPb64fJGEx3PwzcnoT96WWpv_xs2HelwEShJrt95_rJ5tsNiNIhyphenhyphen0tro2h6e2gMuHokpwAohOf3xaxIW/s200/Stethoscope.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgUSPCj7o9mCtuTK4Qdg8xeHh-vI2HcpgQTwiyPAJLMImUVcZJXERLK7A_R65gxjPb64fJGEx3PwzcnoT96WWpv_xs2HelwEShJrt95_rJ5tsNiNIhyphenhyphen0tro2h6e2gMuHokpwAohOf3xaxIW/s1600-h/Stethoscope.jpg)
The US Citizenship and Immigration Service (USCIS) has issued new guidance (http://www.uscis.gov/files/nativedocuments/health_care_occupations_20may09.pdf)on the standards for adjudicating H-1B petitions filed on behalf of beneficiaries seeking employment in a health-care specialty occupation.

The memo suggests that adjudicators should first consult the U.S. Bureau of Labor Statistics� Occupational Outlook Handbook (OOH) to determine whether the position qualifies as a H-1B "specialty occupation" as defined in the Immigration and Nationality Act.

The memo addresses licensing requirements for health-care workers in detail, and the effect of having a license - or not having a license - on approval of a case. If the foreign national has the required license, the adjudicator should not "look beyond the license." If the foreign national has a restricted license (e.g., license approved except for mandatory supervised practice), and the petition is otherwise approvable, an adjudicator should approve the petition for one year, or the duration of the restricted license, whichever is longer.

If the employee does not have the license because s/he needs certain immigration documents before getting a license, CIS can approved the petition for one year. The memo says that "The approval of any such H-1B petition shall not constitute approval by USCIS for the alien beneficiary to engage in any activity requiring possession of such State or local license. It is merely a means to facilitate the state or local licensing authority�s issuance of such a license to the alien, provided all other requirements are satisfied." Photo by http://www.flickr.com/photos/adrianclarkmbbs/ (http://www.flickr.com/photos/adrianclarkmbbs/) http://immigrationvoice.org//blogger.googleusercontent.com/tracker/2893395975825897727-4875672805913302124?l=martinvisalaw.blogspot.com


More... (http://martinvisalaw.blogspot.com/2009/05/new-guidance-issued-on-h-1bs-for.html)

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hair I have the quot;Bionic Ernie Ballquot;

Ernie Ball BFR Luke (Bahama

zeus2000

04-07 02:18 AM

Hi, I have a few questions about H-1B and switching to B1/2 status. I was recently laid off, and have an effective termination date of Apr 27. My firm also told me that they typically notify USCIS of this on May 15th. I am currently looking for a new job, but want to also plan in case I don't find one. Thanks in advance for taking the time to read these questions and help me out with them.

1. If I find a new job before May (or May 15th), can I start working the moment the new employer files a petition? Do we have to wait for any notification from USCIS (like a receipt) first? If not, can I work the same date as the postmark date of the filing?
2. In the above case, does my employer still have to file an LCA with DoL? If so, how long does this process take? I guess what I'm trying to wonder is, if I accept an offer and they begin paperwork on Day 1, what day can I actually work?

3. If I do not find a job, when should I file an I-539 to change status to B1/2 (does it matter if B1 or B2?)? I guess what "postmark" date should I do this by? Apr 27? May 15th?
4. After I mail in the change of status, but haven't actually changed yet (I hear this can take 2 months?), and I get a job offer, when can I start working? Do I lose my "instant-work" ability, and have to wait for the H1-B petition to clear? Is this when I want to use Premium Processing and hopefully be ready in 2 weeks? What happens to my pending B1/2 application?
5. If I already received my B1/2 change of status, and now find a job, when can I work? Is this the same as Question 4?
6. I understand that I am no longer subject to the cap, so my employer simply has to file a LCA and a petition for H1-B, in general?

7. In the I-539 form, it asks to mail in my I-94 card (original). Until I get a new one, what status am I in? If I end up leaving the country then, what card do I surrender? It feels weird to not have a I-94 on my passport...
8. The I-539 form seems simple enough to fill out. Any thoughts on whether I need a lawyer for this?
9. Did I forget anything? :confused:

Thanks so much again. I look forward to your helpful replies.

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NEW Ernie Ball MusicMan

pointlesswait

12-10 10:37 AM

you should be asking those questions to an attorney.. not amateurs like us..;-)

> If u have a court document showing that you changed ur citizenship..that could help you.(but i am sure u don't have one)

> and since u have stated ur place of birth is India on ur passport .. i think u are pretty much screwed.

> consequences are not very difficult to figure out... both the Indian and US govt can come after you tiny brown a@s for fraud..(to put it mildly)..;-)

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desidas

01-25 09:16 PM

What would be fee for the old folks who filed I-485 in June?

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smartboy75

08-04 07:37 PM

Hi called USCIS to find out about my I-485 application....the lady who answered my call told me that my application was under extended review....she would'nt disclose much nor did I ask any additional info.

I did google for Extended review + I485 and found out a couple of links where people have been stuck in extended review for days / months / years....don't know what to make of it....

my PD is May 2004 and RD is Aug 9 2007 ...EB2 India....The lawyers have not received any RFE/ any email from USCIS since the day I have filed my I-485...I found out about it today when I called to just inquire about my case status ...

Anybody else had similar issue or heard about "extended review"...

Admin's any knowledge about what this is....

Thanks

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nfinity

02-13 02:30 PM

no replies? cant believe i am the only one in this situation :)

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pictures 1 for the color experts

2008 LE Silhouette Special SSS

edaltsis

08-19 01:44 PM

Have to live at the mercy. My last 2 EAD renewals were very quick, I got them both in 10-15days after I applied.

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Okay, this is not a Special,

vxb2004

10-03 07:03 PM

As far as I know, I think you need an approved I-140 before you can use AC21.

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kirupa

08-31 01:08 AM

Ack, sorry Dash - didn't notice this thread. Are you still having difficulties resolving this issue?

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Newer Ernie Ball Music Man

SGP

12-06 11:29 AM

My employer sent the documents for my H1b extension today to USCIS and they applied it through premium process, can anyone please let me know how many days it will take to get the Receipt notice both in Email and hardcopy?

My H1b expires on Dec 15th 2010 and if I wont get my receipt notice by than can I stay in US legally or should I have to leave US?

Please let me know your suggestion.

H1b extension Receipt Notice issue time in PP

You will get the acknowledgment within 3 to 4 days of receipt.
If you do not get receipt, then you are out of status and will have to leave the country. But don't worry you will have the receipt before Dec 15. BTW which center did you apply to?

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lonedesi

12-17 12:35 PM

Administrators?

Why this is not coming in the front page?

Is this posting wrong?

Thank You....


We need to look at means to complain to ombudsman regarding the delays. My I-140 application is stuck in VSC and they are currently processing Apr 2006 (its been like that for last 6 months). Can IV core please provide us guidance in this regard? Any idea when the PP service will be restarted for I-140 applications?

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sri1234

01-30 08:29 AM

:(My H1 extension got denied and the attorney filed for MTR.
Can i work while this is under process or should i use EAD?

The reason for H1 extension rfe and subsequent denial was lack of End Client Letter of contract for another 2 years.

Should i be using EAD to work and abondon H1?

Will there be any problems for 485?

Your advise is hightly appreciated. Please help

Thanks,
Sri
PD - Oct 06 EB2 - India
I-140 approved
I-485 filed July 07

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piperwarrior

07-17 11:16 PM

I don't think your lawyer knows what he's talking about. All you need is your I-140 receipt. I applied for my wife on July 2 and used my I-140 approval notice. Did not even include the I-485 notice as the instructions did not ask for it. The simple solution is to go online and download the official instructions and figure out for yourself.

I got myself in somewhat of a mess here and wondering if there is any solution?

I filed for my I-485 on June 28th and it reached UCSIS on 2nd July. I wasn't able to do the same for my wife as she was in India at that time.

She is back now and I want to file her I-485 but my lawyer tells me I can not do that because it either needs to be filed concurrently with mine or they need to have a receipt for my I-485 which doesn't seem to be coming in the next few weeks.

Is there anything else I can do? Anyone has similar experiences? Will a copy of my I-485 filing do?

Thanks.

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