wandmaker
08-24 05:08 PM
Dear Attorney,
Is there any minimum length of time to be on H4 before applying to H1.
Thanks
There is no minimum requirement to be on H4 for COS to H1. One should meet H1 application requirements and the cap should be available and should have maintained legal status
BTW, I am not an attorney.
Is there any minimum length of time to be on H4 before applying to H1.
Thanks
There is no minimum requirement to be on H4 for COS to H1. One should meet H1 application requirements and the cap should be available and should have maintained legal status
BTW, I am not an attorney.
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eb2waiter
05-04 09:54 PM
the date
:rolleyes:(not number of days to president signs)
thanks
:rolleyes:(not number of days to president signs)
thanks
shined129
07-08 08:58 AM
Yes paid through ssn and paid taxes
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GCeffect
11-13 09:26 PM
in case he application is denied, will there be any time mentioned in the denied form or not? thanks for your input
Go ahead and apply, as long as you get the receipt before expiry date on her I-94, you should be fine. You will have to be ready for her return to India ASAP if her extension petition is denied, as she might start incurring illegal stay, which might create hindrance for her next visit or her next VISA application.
It would be a good idea to state about her anticipated visit to other states etc. instead of other reason.
It is likely that she might get RFE, but it should all be answerable.
HTH
we_r_d_world
Go ahead and apply, as long as you get the receipt before expiry date on her I-94, you should be fine. You will have to be ready for her return to India ASAP if her extension petition is denied, as she might start incurring illegal stay, which might create hindrance for her next visit or her next VISA application.
It would be a good idea to state about her anticipated visit to other states etc. instead of other reason.
It is likely that she might get RFE, but it should all be answerable.
HTH
we_r_d_world
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amyleu
06-18 12:50 PM
I filed the Labor Certification since September, 07 and got audited in November, 07. The response was sent to DOL in November, 07. I have not heard anything since then. Also, my H1B visa expired in the early of May, 08. I left US on April 28, 08. I�m very frustrated and depressed, and the lawyer is very unhelpful. I got questions as follows:
1) Should I refile the Labor Certification with my current employer in the new position? How about the audit? Should I request to DOL to withdraw the application first and refile the new one? Will my PD be changed according to the new filing date?
2) What would be the best way about H1B visa? I was out of US for one and a half month during these 6 years of H1B period. I heard that the vacation can be recapped, and I will be able to go back to US in the mid of July, 08 due to the pending PERM application for 365 days. In this case, should I start filing the H1B recapture with the H1 Extension now since my application will be pending for a year by the mid of July, 08 (include one and a half month times out of US). Otherwise, should I wait and start the application in the mid of July, 08?
3) If my Labor Certification is pending again till the end of one year extension (in the case of getting the approval on one year extension), do I have to leave US again?
4) I wonder if I should wait outside US for a year until the early of May, 09. Then, reapply the new 6 year- H1B visa again. Can my current employer do that for me? Would it be the better option comparing to the H1B recapture and H1B extension? In the case of starting the new application, when should I start the application? I heard the new H1B cap usually starts around the early of April and will be filled up within a couple days. Also, I have to wait for one year prior to applying for a new H1B, counting the day that my visa expired. So, does it mean that I have to wait till the early of May, 09 to be eligible to send the H1B application since the application will be rejected from USCIS in the case of submitting it prior to the early of May, 09 (one year rule)? Will the cap be filled up by then and what will I do?
Anybody, please advise. Thank you very much.
1) Should I refile the Labor Certification with my current employer in the new position? How about the audit? Should I request to DOL to withdraw the application first and refile the new one? Will my PD be changed according to the new filing date?
2) What would be the best way about H1B visa? I was out of US for one and a half month during these 6 years of H1B period. I heard that the vacation can be recapped, and I will be able to go back to US in the mid of July, 08 due to the pending PERM application for 365 days. In this case, should I start filing the H1B recapture with the H1 Extension now since my application will be pending for a year by the mid of July, 08 (include one and a half month times out of US). Otherwise, should I wait and start the application in the mid of July, 08?
3) If my Labor Certification is pending again till the end of one year extension (in the case of getting the approval on one year extension), do I have to leave US again?
4) I wonder if I should wait outside US for a year until the early of May, 09. Then, reapply the new 6 year- H1B visa again. Can my current employer do that for me? Would it be the better option comparing to the H1B recapture and H1B extension? In the case of starting the new application, when should I start the application? I heard the new H1B cap usually starts around the early of April and will be filled up within a couple days. Also, I have to wait for one year prior to applying for a new H1B, counting the day that my visa expired. So, does it mean that I have to wait till the early of May, 09 to be eligible to send the H1B application since the application will be rejected from USCIS in the case of submitting it prior to the early of May, 09 (one year rule)? Will the cap be filled up by then and what will I do?
Anybody, please advise. Thank you very much.
pappu
12-14 09:27 PM
IV is aware of this and already in contact with indian orgs. pls go through some of the last month's threads about our Boston, MA conference participation to know how we are working with the Indian American communiy.
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roseball
02-09 08:44 PM
My passport is expiring in March. I live in NY metro . Does anyone knows the procedure to renew the passport while in the USA. Please share your experience.
You can go to this website and get all the needed info....
http://www.indiacgny.org/
Also, there were atleast 2 threads discussing PP renewals..You can do a search for those threads for renewal timelines...I think it takes them 2-3 weeks in NY Consulate to mail the new passport....You can go for tatkal service and get it issued the same day if you pay $90 extra....
You can go to this website and get all the needed info....
http://www.indiacgny.org/
Also, there were atleast 2 threads discussing PP renewals..You can do a search for those threads for renewal timelines...I think it takes them 2-3 weeks in NY Consulate to mail the new passport....You can go for tatkal service and get it issued the same day if you pay $90 extra....
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eb3_nepa
03-06 02:52 PM
FINALLY someone who understands EXACTLY what the problem is :)
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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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yestogc
04-07 06:49 PM
I always belive Premium is better and this is just a rumour that it attracts RFE.
The reason is plain and simple, let's say that you change to Company B and since normal processing takes anywhere from 3-6 months (let's say in meantime your old employer cancells your H1B) and at end of say 3-6 months you come to know that your H1B transfer to company B is denied you have no option but to leave country.
Whereas in permium in 15 days you will know if that is through or not and GOD forbidden even if that gets rejected , you still have paystubs which will be just 15 days old, still you can do another H1B transfer with a new employer.
The reason is plain and simple, let's say that you change to Company B and since normal processing takes anywhere from 3-6 months (let's say in meantime your old employer cancells your H1B) and at end of say 3-6 months you come to know that your H1B transfer to company B is denied you have no option but to leave country.
Whereas in permium in 15 days you will know if that is through or not and GOD forbidden even if that gets rejected , you still have paystubs which will be just 15 days old, still you can do another H1B transfer with a new employer.
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belmontboy
05-06 07:37 PM
it was due to glitch.
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kirupa
04-04 09:05 PM
Just to give everyone another update, I am going through the judges' picks right now. I am hoping to have the poll up by Monday.
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bhanukumar
02-28 12:47 AM
Is that normal to have the same I-94 number on my renewed H1B and my wife's H4 approval notices?
Seems it is a mistake that my old I 94 is given in H4 extension application. Do I need to apply for correction? Any Lawyer / Member, please confirm. Thanks in advance.
Seems it is a mistake that my old I 94 is given in H4 extension application. Do I need to apply for correction? Any Lawyer / Member, please confirm. Thanks in advance.
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HTI
08-29 11:12 AM
thank you all...that help a lot...!!!!:)
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ski_dude12
02-20 09:13 PM
Don't mean to pick on you but on the lighter side, El Paso is in US only :D. Things would be much easier if visa could be renewed in US itself.
Why not any of the consulates in Mexico ( Juarez, nogales, el paso etc). ...
- good luck
kris
Why not any of the consulates in Mexico ( Juarez, nogales, el paso etc). ...
- good luck
kris
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bigboy007
04-09 08:26 PM
Well they are always saying they "want to start" discussions things can turn quick if they want to ... But the point is whether we "in" or are we "out" of discussions if we have atleast one point representation in those talks I think there would some help instead of asking all of us to go back and start process again, this is what 2007 CIR did and it would be if we do nothing... For me I have sent emails / calls when HR XYZA legislation of Lofgren was in discussions.. but those are small numbers and I wonder whether IV Core is doing something through their Lobbying channels... Surely its coming if not today during the tenure of President Obama.
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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?
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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hey.camelo
02-07 08:39 PM
Thanks a ton for the reply. I am new and updated the profile after seeing ur post..
Due to my crysis, i cannot efford to talk to a lawyer..Thanks for the help..
Does the new employer need to start the green card process all over again? I meant the labor(perm). I was asking this question based on my 15 months time..
plz plz ..can u let me the steps that i need to talk to a new employer to apply a green card in eb2..
Due to my crysis, i cannot efford to talk to a lawyer..Thanks for the help..
Does the new employer need to start the green card process all over again? I meant the labor(perm). I was asking this question based on my 15 months time..
plz plz ..can u let me the steps that i need to talk to a new employer to apply a green card in eb2..
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mansour
09-05 11:01 PM
are you kidding me, hehe ;)
no way!
no way!
satyasaich
06-14 08:16 AM
I'm also seriously planning to file on my own. Well, there is no law that stops us, but certainly needs some tips from experienced people.
Infact as per the checklist, i have all the documents except a letter from employer. That i can get anytime. my big question is are there any other documents that need to be put together (which are not in checklist)
Any help seniors????
Gurus...
Can I file 485 on my own. My 140 is approved.
If so, what is the procedure.
Thanks
Infact as per the checklist, i have all the documents except a letter from employer. That i can get anytime. my big question is are there any other documents that need to be put together (which are not in checklist)
Any help seniors????
Gurus...
Can I file 485 on my own. My 140 is approved.
If so, what is the procedure.
Thanks
whitecollarslave
01-17 11:14 PM
Not normal, but what about I140 approval?. It is part of that and must be there. Did you apply I140 and I485 togther? If yes, it may be missing because of processing backlogs.
I did not apply together. 140 was approved in May 2006. 140 does have the Priority Date but in the 485 Receipt Notice the Priority Date field is blank. I applied for 485 in July 2007.
I did not apply together. 140 was approved in May 2006. 140 does have the Priority Date but in the 485 Receipt Notice the Priority Date field is blank. I applied for 485 in July 2007.
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