martinvisalaw
09-09 09:57 PM
I have a question regarding my spouse who is on H4 visa.One of the company did H1b processing through "CONSULAR PROCESSING". Her H1B is approved now.
1) She is ready to work from Oct 1st as she got some project.Her employer said that they have to apply for amendment(COS) to get I94. Is this right?
The company either has to file a COS or she needs to leave the US and re-enter in H-1B status.
2) How many weeks will it take under premium processing to get new I94
15 calendar days for CIS to make a decision
3) Do they have to apply only after Oct 1.
No. Since she is already counted towards the cap, they can apply now but the start date will be 10/1 or later.
4) Are there any chances of getting rejected at this stage.
There's always a chance of a denial, but the risk is low if she is maintaining H-4 status when the COS is filed.
1) She is ready to work from Oct 1st as she got some project.Her employer said that they have to apply for amendment(COS) to get I94. Is this right?
The company either has to file a COS or she needs to leave the US and re-enter in H-1B status.
2) How many weeks will it take under premium processing to get new I94
15 calendar days for CIS to make a decision
3) Do they have to apply only after Oct 1.
No. Since she is already counted towards the cap, they can apply now but the start date will be 10/1 or later.
4) Are there any chances of getting rejected at this stage.
There's always a chance of a denial, but the risk is low if she is maintaining H-4 status when the COS is filed.
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Dhundhun
09-10 06:22 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.
Lawyers can usually justfy some minor spelling mistakes and answer to RFE. Usually USCIS accepts BC name.
Based on inputs from my lawyer, there is some delay if such descrepency is there - he said that he can reply to such RFE and apart from delay there is no other issue.
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.
Lawyers can usually justfy some minor spelling mistakes and answer to RFE. Usually USCIS accepts BC name.
Based on inputs from my lawyer, there is some delay if such descrepency is there - he said that he can reply to such RFE and apart from delay there is no other issue.
americandesi
09-06 05:22 PM
Hi Guru's Kindly Respond. If I do this will there be any impact on my 485 Petition process?
Refer http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=970596981298d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=54519c7755cb9010VgnVCM10000045f3d6a1 RCRD
Refer http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=970596981298d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=54519c7755cb9010VgnVCM10000045f3d6a1 RCRD
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ranand00
05-10 09:36 PM
My status says the same except date is dec 12th 2007.
i am also stuck in backlog.i think it is a system glitch.must have been an old finger printing notice
thanks
anand
i am also stuck in backlog.i think it is a system glitch.must have been an old finger printing notice
thanks
anand
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glus
01-04 02:07 PM
Hello,
First, your international student adviser, should have notified you that your I-20 was about to expire. This is what USCIS requires them to do. Actually the SEVIS system automatically notifies IS advisers about I-20 expiring. Now, having said that, no, you cannot work. You need to apply for reinstatement and wait until it gets approved. Reinstatement into F-1 are very difficult as you need to show that you fell out of status because of circumstances beyond your control. You will probably need to argue that your adviser had failed to notify you and that you kept attending school and it was only a few days of out of status.
First, your international student adviser, should have notified you that your I-20 was about to expire. This is what USCIS requires them to do. Actually the SEVIS system automatically notifies IS advisers about I-20 expiring. Now, having said that, no, you cannot work. You need to apply for reinstatement and wait until it gets approved. Reinstatement into F-1 are very difficult as you need to show that you fell out of status because of circumstances beyond your control. You will probably need to argue that your adviser had failed to notify you and that you kept attending school and it was only a few days of out of status.
ashrock11
06-14 08:02 AM
Not on speaking terms. Not legally divorced also.
Thanks for your responses.
Thanks for your responses.
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BMS1
11-06 10:29 AM
You can have any no of transfers before the first transfer is approved but for the final transfer to get approved, all the in-between transfers are to be approved. One issue could be one in-between company withdrawing the H1-B application and another issue could be one in-between company not responding to an RFE in time.
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learning01
04-06 01:33 PM
bill (# S......), will come into this S.Amdt of Specter. See my post here elsewhere in IV (http://immigrationvoice.org/forum/showpost.php?p=7032&postcount=177).
Everyone these are the provisions in the original Hagel bill. We're not sure whether they will be there in the new one or not.
Everyone these are the provisions in the original Hagel bill. We're not sure whether they will be there in the new one or not.
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ragool25
08-26 01:36 PM
No one to shed answer for my thread.
Please respond if anyone knows!
Please respond if anyone knows!
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waiting for GC2010
11-18 09:32 AM
Yes one must be a Greencard holder to attain unemployment benifits.
Not permitted with EAD.
Not permitted with EAD.
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gc_kaavaali
07-09 12:25 PM
I don't think it is true.
google
http://wiki.answers.com/Q/How_long_can_a_US_citizen_stay_abroad
http://wiki.answers.com/Q/How_long_can_a_US_citizen_stay_abroad
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GCJinx
03-24 06:09 PM
You have to wait untill Oct 1st to work.
But you can apply for h1 visa 6 months before ie April 1st. So start applying for H1 immediatly as the cap for H1 will be reached very soon (may be in 1 week)
But you can apply for h1 visa 6 months before ie April 1st. So start applying for H1 immediatly as the cap for H1 will be reached very soon (may be in 1 week)
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krustycat
01-09 04:50 PM
Did you contact them?What did they say?Did you receive any EAD or AP because some people receive those even before getting receipt numbers???
Yes, I contacted them several times. They only ask you to wait more.
I also have sent two emails to DHS, CIS Ombudsman's office. They asked me to use a Form 7001.
I sent the Form 7001 to CIS Ombudsman on Nov/07. I didn't even get a receipt confirmation from Ombudsman's office.
I was able to open a service request after 5 months of waiting, on Dec/07. I'm still waiting for a reply about the SR.
I faxed a letter to the service center.
Nothing so far.
It's seems like the package got lost (as well as my lawyer :p ).
I just wanted to show you that there is more people in the same situation from July.
Hang in there!
Best of luck.
Yes, I contacted them several times. They only ask you to wait more.
I also have sent two emails to DHS, CIS Ombudsman's office. They asked me to use a Form 7001.
I sent the Form 7001 to CIS Ombudsman on Nov/07. I didn't even get a receipt confirmation from Ombudsman's office.
I was able to open a service request after 5 months of waiting, on Dec/07. I'm still waiting for a reply about the SR.
I faxed a letter to the service center.
Nothing so far.
It's seems like the package got lost (as well as my lawyer :p ).
I just wanted to show you that there is more people in the same situation from July.
Hang in there!
Best of luck.
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bigboy007
07-28 10:54 PM
Everyone wants to get to news... There are many options BUT h1 or L1 i have seen IT companies doing those when H1 are dried out...
but Phaneesh is "he" ( the one quoted in the article not Shiela) anyways chill out... :)
BTW Murthy is not he.
but Phaneesh is "he" ( the one quoted in the article not Shiela) anyways chill out... :)
BTW Murthy is not he.
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Abacus101
05-12 07:48 AM
I understand that a H1B visa is the expense to the employer and is not a taxable benefit to the employee. If a company wishes to pay for the green card for the employee, granting them permanent residence in the U.S., is this a taxable benefit to the employee? Should it be added to their W-2? If yes, where is the IRS documentation on this? I can�t find it. Thanks.
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Abacus101
05-12 07:48 AM
I understand that a H1B visa is the expense to the employer and is not a taxable benefit to the employee. If a company wishes to pay for the green card for the employee, granting them permanent residence in the U.S., is this a taxable benefit to the employee? Should it be added to their W-2? If yes, where is the IRS documentation on this? I can�t find it. Thanks.
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mheggade
07-25 01:47 PM
add August to this poll
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reddymjm
05-12 09:33 AM
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kate123
08-22 04:59 PM
http://timesofindia.indiatimes.com/US_faces_reverse_brain_drain_says_study/articleshow/2302417.cms
bestin
10-05 03:19 PM
ARE YOU THE SAME ONE WHO MISSED SENDING YOUR WIFE'S PACKAGE!!!!!AND NOW YOU ARE GOING TO INDIA FOR YOUR MARRIAGE!!!
Dear All,
I got a labor substitution and filed for my I-140 and I-485 concurrently. Today was the last day to send the documents and some paperwork was missing for my wife! I missed sending the package!
Now how should i proceed?? My wife is on H1-B currently. Any ideas??
My priority date is 25 jan 05 - eb2.
Thanks,
KK.
Probably the current post is by his wife.probably she divorced him for being careless in sending her papers:D
Dear All,
I got a labor substitution and filed for my I-140 and I-485 concurrently. Today was the last day to send the documents and some paperwork was missing for my wife! I missed sending the package!
Now how should i proceed?? My wife is on H1-B currently. Any ideas??
My priority date is 25 jan 05 - eb2.
Thanks,
KK.
Probably the current post is by his wife.probably she divorced him for being careless in sending her papers:D
gcdreamer05
12-30 12:17 PM
belmontboy ,
I am in same boat.. I am going mumbai india in feb for stamping. Where are you going for stamping. I heard lately that there is no way we can pre check PIMS. I have asked my lawer but haven't got reply yet.. If you lawer has sent duplicate copy of H1b document to Kentucky Visa center then there should not be issue.( 99.99 % should be safe ).. If not then there is risk involved.
Do you know how a lawyer can send the duplicate copy to Kentucky visa center, my h1 got approved 3-4 weeks ago, can we still send the duplicate copy to kentucky visa center ??? Did you do that ??
I am in same boat.. I am going mumbai india in feb for stamping. Where are you going for stamping. I heard lately that there is no way we can pre check PIMS. I have asked my lawer but haven't got reply yet.. If you lawer has sent duplicate copy of H1b document to Kentucky Visa center then there should not be issue.( 99.99 % should be safe ).. If not then there is risk involved.
Do you know how a lawyer can send the duplicate copy to Kentucky visa center, my h1 got approved 3-4 weeks ago, can we still send the duplicate copy to kentucky visa center ??? Did you do that ??
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