venumadhavb4u
02-05 11:36 PM
Hi,
My wife was in US in Oct 2007 on H4 Visa and went back in Mar '08 while she was in US we applied her H1B in 2008 and was approved and she got her H1B stamped in India and came back to US in Oct 2008. since she did not find any job, her payroll is not running and the her employer wants her to switch back to H4 Visa, and once she finds a project she can change her status back to H1B.
My Question here is
1) For COS from H1B to H4, Does she need Pay stubs? and how easy it is for the COS?
2) Her Employer says that she can apply for H4 Stamping and inform the Visa Officer that during her stay in US she did not join the company for medical reasons. Does this create any issues with her H1B.
3) Can Some one suggest a good immigration Lawyer in San Diego?
Thanks
H1b - h4
--------------------------------------------------------------------------------
Hi,
My wife was in US in Oct 2007 on H4 Visa and went back in Mar '08 while she was in US we applied her H1B in 2008 and was approved and she got her H1B stamped in India and came back to US in Oct 2008. since she did not find any job, her payroll is not running and the her employer wants her to switch back to H4 Visa, and once she finds a project she can change her status back to H1B.
My Question here is
1) For COS from H1B to H4, Does she need Pay stubs? and how easy it is for the COS?
2) Her Employer says that she can apply for H4 Stamping and inform the Visa Officer that during her stay in US she did not join the company for medical reasons. Does this create any issues with her H1B.
3) Can Some one suggest a good immigration Lawyer in San Diego?
Thanks
My wife was in US in Oct 2007 on H4 Visa and went back in Mar '08 while she was in US we applied her H1B in 2008 and was approved and she got her H1B stamped in India and came back to US in Oct 2008. since she did not find any job, her payroll is not running and the her employer wants her to switch back to H4 Visa, and once she finds a project she can change her status back to H1B.
My Question here is
1) For COS from H1B to H4, Does she need Pay stubs? and how easy it is for the COS?
2) Her Employer says that she can apply for H4 Stamping and inform the Visa Officer that during her stay in US she did not join the company for medical reasons. Does this create any issues with her H1B.
3) Can Some one suggest a good immigration Lawyer in San Diego?
Thanks
H1b - h4
--------------------------------------------------------------------------------
Hi,
My wife was in US in Oct 2007 on H4 Visa and went back in Mar '08 while she was in US we applied her H1B in 2008 and was approved and she got her H1B stamped in India and came back to US in Oct 2008. since she did not find any job, her payroll is not running and the her employer wants her to switch back to H4 Visa, and once she finds a project she can change her status back to H1B.
My Question here is
1) For COS from H1B to H4, Does she need Pay stubs? and how easy it is for the COS?
2) Her Employer says that she can apply for H4 Stamping and inform the Visa Officer that during her stay in US she did not join the company for medical reasons. Does this create any issues with her H1B.
3) Can Some one suggest a good immigration Lawyer in San Diego?
Thanks
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camphor
12-07 04:10 PM
I am not sure what is the process after fingerprinting. Can someone please clarify?
I believe NameCheck must have been initiated. As far as processing 485 is concerned, does the PD have to be current?
I am trying to figure out what is the tentative schedule for the "magical" GC to appear in my mailbox :) ?
I would appreciate any pointers / links
I believe NameCheck must have been initiated. As far as processing 485 is concerned, does the PD have to be current?
I am trying to figure out what is the tentative schedule for the "magical" GC to appear in my mailbox :) ?
I would appreciate any pointers / links
achu
09-23 07:03 PM
... and ideally it should be copy of your approved labor.
I applied my labor as Software Engineer and BEC approved it with a code of Mechanical Engineer. I got it changed, but took me a year though. They kept my change request until the end when they were ready to shutdown BEC.
I probably go ahead and use what in the approved labor certificate. by the way how do I find exact job-code that I used in the I-140.
thanks.
achu
I applied my labor as Software Engineer and BEC approved it with a code of Mechanical Engineer. I got it changed, but took me a year though. They kept my change request until the end when they were ready to shutdown BEC.
I probably go ahead and use what in the approved labor certificate. by the way how do I find exact job-code that I used in the I-140.
thanks.
achu
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viveckj99
10-02 03:15 PM
Hi,
I am still waiting for I 485 RN,my lawyer filed on July 16.It was recieved by R Pitcher at Nebraska.
vivek
I am still waiting for I 485 RN,my lawyer filed on July 16.It was recieved by R Pitcher at Nebraska.
vivek
more...
Blog Feeds
02-07 08:30 AM
When it comes to the Visa Waiver program, clients often ask me, what happens when a Visa Waiver traveler who is in the U.S. visits a third, non-adjacent country, and then seeks to return to the U.S.? Do they receive a new 90-day period upon re-entering the United States? What if they go to Mexico or Canada or another adjacent country?
According to the CBP, An alien admitted into the United States under the Visa Waiver Program (VWP) who departs to visit a third country other than contiguous territory or an adjacent island and then returns to the United States to apply for admission as a temporary visitor for business or pleasure under the VWP, would receive a new 90-period of admission if he is found to be admissible.
If the same alien traveled only to foreign contiguous territory or an adjacent island, he would generally be readmitted for the balance of his original period of admission if found to be admissible. An alien is this situation may request to be admitted for a new 90-day period and be admitted for that new period if slbe is found to be admissible.
Please note that any VWP applicant for admission must establish his admissibility to the satisfaction of the inspecting CBP officers. An alien seeking a new 90-day period of admission under the VWP after departing the United States to "visit" a third country should expect to undergo greater scrutiny than most other VWP applicants. So this is possible but expect a tough time trying to get back in.
More... (http://www.visalawyerblog.com/2011/02/san_diego_immigration_lawyer_v_1.html)
According to the CBP, An alien admitted into the United States under the Visa Waiver Program (VWP) who departs to visit a third country other than contiguous territory or an adjacent island and then returns to the United States to apply for admission as a temporary visitor for business or pleasure under the VWP, would receive a new 90-period of admission if he is found to be admissible.
If the same alien traveled only to foreign contiguous territory or an adjacent island, he would generally be readmitted for the balance of his original period of admission if found to be admissible. An alien is this situation may request to be admitted for a new 90-day period and be admitted for that new period if slbe is found to be admissible.
Please note that any VWP applicant for admission must establish his admissibility to the satisfaction of the inspecting CBP officers. An alien seeking a new 90-day period of admission under the VWP after departing the United States to "visit" a third country should expect to undergo greater scrutiny than most other VWP applicants. So this is possible but expect a tough time trying to get back in.
More... (http://www.visalawyerblog.com/2011/02/san_diego_immigration_lawyer_v_1.html)
Munna Bhai
12-03 05:42 AM
Hi friends,
I planning to change my employer after 180days and I want go for the fulltime by using my EAD because my I-485 will take next 3 or 4 years (PD May-2007). My present H1 is still Oct 2008 (labor and I-140 cleared).
1. What are the chances for rejecting my I-485 file?
Ans:Very less unless you violated any status or any law.
2. If my I-485 file rejected after my H1 expired (EAD using) ?
Ans:You are out of status, switch to in-status, like B1.
3. How to settle out this ? Do I need to go back india?
Ans:Yes, you need to go back and come on fresh H1.
Seniors please provide me suggestions.
Overall, enjoy the stay in EAD and don't worry much about what happens at I-485.
I planning to change my employer after 180days and I want go for the fulltime by using my EAD because my I-485 will take next 3 or 4 years (PD May-2007). My present H1 is still Oct 2008 (labor and I-140 cleared).
1. What are the chances for rejecting my I-485 file?
Ans:Very less unless you violated any status or any law.
2. If my I-485 file rejected after my H1 expired (EAD using) ?
Ans:You are out of status, switch to in-status, like B1.
3. How to settle out this ? Do I need to go back india?
Ans:Yes, you need to go back and come on fresh H1.
Seniors please provide me suggestions.
Overall, enjoy the stay in EAD and don't worry much about what happens at I-485.
more...
Ann Ruben
01-18 06:52 PM
What is your US immigration status?
Are you a US Citizen?
Are you a US Citizen?
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uncentainty
05-08 10:31 PM
Can my new employer file a H-1B transfer based on my previous I-94 and H-1B approval notice and nonstop paystubs? Can I start to work for my new employer once I get the receipt notice?!
Thanks!
Uncertainty:confused:
Thanks!
Uncertainty:confused:
more...
shahpeerally
12-04 09:17 PM
Re: #1
Good question.
The rule is misleading and your confusion is understandable. Do not file in the CSC, it will likely be rejected, or if you're lucky, they might overlook it or transfer the case to VSC.
The filing location will be the VSC because that's your worksite. The rule requiring you to file in CSC has to do with the "H-1b employer" itself being cap exempt (ie. institutions of higher education and certain non-profit organizations). Your H-1b employer is a for-profit company, I assume, so they are not exempt from the cap.
Re: #2
Section 2.2 should be "e" if you're porting to a new employer, if it's a pure extension with the same employer, pick "b."
Section 2.5 should be "c."
Good question.
The rule is misleading and your confusion is understandable. Do not file in the CSC, it will likely be rejected, or if you're lucky, they might overlook it or transfer the case to VSC.
The filing location will be the VSC because that's your worksite. The rule requiring you to file in CSC has to do with the "H-1b employer" itself being cap exempt (ie. institutions of higher education and certain non-profit organizations). Your H-1b employer is a for-profit company, I assume, so they are not exempt from the cap.
Re: #2
Section 2.2 should be "e" if you're porting to a new employer, if it's a pure extension with the same employer, pick "b."
Section 2.5 should be "c."
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wandmaker
11-13 08:24 AM
Gurus,
This is the latest 485 inventory posted on immigration-law.com. My PD is EB3 I 04/2002.
Can anybody provide some information on how long the wait would be.
http://www.uscis.gov/USCIS/New%20Structure/3rd%20Level%20(Left%20Nav%20Children)/Green%20Card%20-%203rd%20Level/Pending%20Form%20I485%20Reports.pdf (http://www.uscis.gov/USCIS/New%20Structure/3rd%20Level%20%28Left%20Nav%20Children%29/Green%20Card%20-%203rd%20Level/Pending%20Form%20I485%20Reports.pdf)
USCIS - Questions & Answers: Pending Employment-Based Form I-485 Inventory (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=5e170e6bcb7e3210VgnVCM100000082ca60aRCR D&vgnextchannel=ae853ad15c673210VgnVCM100000082ca60a RCRD)
Really appreciate,
Regards,
Teky.
Considering the numbers and planet alignment; best case scenario, it will be 2 years from today. Please update your profile.
This is the latest 485 inventory posted on immigration-law.com. My PD is EB3 I 04/2002.
Can anybody provide some information on how long the wait would be.
http://www.uscis.gov/USCIS/New%20Structure/3rd%20Level%20(Left%20Nav%20Children)/Green%20Card%20-%203rd%20Level/Pending%20Form%20I485%20Reports.pdf (http://www.uscis.gov/USCIS/New%20Structure/3rd%20Level%20%28Left%20Nav%20Children%29/Green%20Card%20-%203rd%20Level/Pending%20Form%20I485%20Reports.pdf)
USCIS - Questions & Answers: Pending Employment-Based Form I-485 Inventory (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=5e170e6bcb7e3210VgnVCM100000082ca60aRCR D&vgnextchannel=ae853ad15c673210VgnVCM100000082ca60a RCRD)
Really appreciate,
Regards,
Teky.
Considering the numbers and planet alignment; best case scenario, it will be 2 years from today. Please update your profile.
more...
jliechty
February 10th, 2006, 09:56 PM
Sorry that I wasn't able to help, but I'm glad that you were able to resolve the issue.