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vban2007
04-23 10:34 AM
Pls Reply
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jsb
07-24 03:09 PM
Hi,

I am on H1b visa and it is expiring in sep 2009 in 2 months. I need some information incase i dont get a project in mean time. I already got RFE for the extension.
Is it better to convert to H4 visa? How much it costs? and how long it takes to convert? Also do we get any kinds of problems in converting to h4 visa?

Also if we converted to h4 visa, can we easily get f1 visa if we want to study later or can we go back to h1b from h4 visa.? what all things are required.

Please let me know.
Thanks in advance!!

Your question is not clear. H1 is a work visa, H4 is for dependants of H1. F1 is family visa. There are no conversions. You get whichever is applicable to your situation.
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immiusa
06-14 12:51 PM
My understanding is that you can transfer existing H1B. I am not a lawyer.If you have a copy of your H1B approval notice, you should be able to transfer to your new company. However, if you may have to visit US consulate back in your home country for Visa. You may want to double check with immigration gurus.
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kim123456
12-30 02:19 PM
Guys,

Thank you for your reply.

But I do not want to loose my H1B status, mean not to use EAD.It has been almost 1.5 year since I140 approved but I never work for the company who filed greencard for me. Does it matter? What is final solution to get greencard since company is closing.
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mygcstory
07-20 03:33 PM
Does anyone know if the B1 visa can be extended in US? The visa stamp on the passport is for 6months. when entered US, the officer granted 5.5 months of stay.......

I am thinking I simply appy for B1 extension 30 days before I-94 expiry date and the actual visa stamp on the visa does not matter.....is it true

Thanks for your time!!
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rkp27
09-21 10:05 AM
All, My employer who filed my eb2 application for green card was not giving me labor certification copy and 140 approval notice copy, he is a desi consulting company and as usual with desi company they were giving me tough time to get this documents. (You all know reason.. they think that i will quite). So what i did is requested USCIS to get my I-485 petition copy (remember that if you request 140 or labor copy directly they will not give because it seems that is employer's documents, i discussed this with couple of lawyers as well). since 485 is your application and these documents are mandatory you will get them.

It took about 10 months to get the document with FOIA request (there is a queue as well).
This is what i did

1. Download FOIA form from uscis website.

2. Fill up form and don�t forgot it get notary ( mention to send each and every page of petition).

3. Wait for document...

I will be happy to help anybody who is in same boat.

Thanks you.
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thesparky007
04-01 12:42 AM
^pwnage!!
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roseball
03-07 11:03 PM
My company filed my 7th year H1 extension and my wife's H4 petition at the same time in Dec 2006. USCIS online case status shows received and in process for both H1 and H4.

Recently, we upgraded to premium processing. However, only the H1 case status now shows as being done under premium processing. Does that mean that only my H1 will be premium processed and not H4 even though they both were filed together. Is this normal. I am hoping both H1 and H4 will be premium processed. I know that USCIS adjudicates H4 also in premium processing for such cases as a courtesy. Just wanted to know if anyone has been under similar situation before and got only their H1 approved in premium and not H4....The whole purpose of me upgrading to PP was to get H4 approved before the H1 quota begins in April as our H1/H4 were expiring this summer and my wife's employer is filing a H1 COS petition for her in PP under the 2008 H1 quota....Didn't want to take any chance of her H1 COS getting approved without a I-94 because of her current H4 expiring in summer.

Thanks in advance.
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maine_gc
12-16 08:24 AM
KY residents please post here and join your state chapter
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gc_maine2
08-03 07:22 AM
I am now applying for AP renewal this week, Thats exactly my conclusions from the instructions. There are lot of experts in the forum, who can give you a right answer.


Hi,

I am currently in India.

My Status:
Jobless
AP expires on August 10th 2010. Applied for AP extension since April 30th 2010. My AP extension hasn't arrived yet.

Question:
There is no way I can travel back to US before August 10th. As per what I heard, a newly issued AP cannot be used to reenter the U.S. if it was not valid as of the date of departure form the U.S. IS this correct?

thanks!
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B3NKobe
05-22 04:50 AM
The duck hunt is the best :D:D
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dreamgc_real
04-29 12:42 PM
Since your h1b transfer is approved, there is nothing to worry; and your pd will remain the same. good luck.
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pncool01
09-24 02:45 PM
Hi

First off, I know that people responding on this forum are spending valuable time answering my questions and very much appreciate the time you spend reading and responding to my requests.

I have the following situation:
1. Currently working on H1B, renewed effective Sep 15 2009 for the next 3 years (i.e. expires 2012 Sep)
2. I-485 filed in Aug 2007, PD of Jan 2006 for EB-2 / India.
3. Received and used Advance Parole in the past year or so to re-enter US (for spouse and me)
4. Have a valid EAD card that will expire October 2010. If relevant, spouse does not work, although she has an EAD card with same validity.
5. I accepted a job offer and expect to start work on Oct 5 2009 with the new company. The new job has a very similar description as the previous and is about the same level as well but higher pay.


My questions are as follows:
1. Should I request the new company to 'transfer' my H1B? What are the benefits and drawbacks of transferring the H1B as against switching to the EAD? What is the filing requirement for the transfer in terms of deadlines (i.e. do I need to have it filed on or before or within certain number of days after Oct 5?)

2. Will I be in violation of the AC-21 requirements ? What will I need to do to continue my GC process. The new employer has agreed to support the GC process and will do what is required.

3. In all this switchover, what documentation should I be requesting from my current employer's law firm? This is a big law firm and may take a few days to respond.

I need to be on point and keep pushing with the new employer as well as with the old one to make sure my legal status is not affected in the US. As such any additional tips / suggestions you have will be great too.

I have tried to provide as much detail as possible but please do let me know if I have missed anything. Again, thank you for your responses.
-P
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DJ_Prakash
01-26 03:54 PM
My wife is on H4 and she is studying Masters and we already have EAD. She would like to do Internship and she still has 6 months to graduation and my question is
1) Is there any time restrictions for people to do internship (with GC based EAD)
2) After graduation, can she still continue with her internship (using EAD ofcourse) ?
3) If Yes for question 2, then for how long after graduation she can be an intern

Apreciate if someone can give feedback on this.

Thanks in advance,
Prakash
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Numbsong
04-30 05:15 PM
Thanks, niraj! :thumb:
Yeah, I agree it would look more like a stamp with the symbol on a corner, but I felt that the blue spot was asking to be fullfilled with something. Anyway, I�m posting your sugestion.
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kingkon_2000
08-30 02:17 PM
Today my lawyer sent me my receipt numbers for 485, EAD and AP. when I enter my AP receipt number to check online status I see the following...

Application Type: OS155A, IMMIGRANT VISA AND ALIEN REGISTRATION

Current Status: Card production ordered.

On August 30, 2007, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

Anyone know what this means... It doesn't say I-131 in application type..

Second disturbing thing I noticed when I entered my 485 number...

Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

Current Status: Fingerprint fee rejected and notice mailed; case in suspense.

On August 23, 2007, we rejected your fingerprint fee and mailed you instructions for how to submit the necessary payment. This case is now in suspense. Please submit your payment with our notice as soon as possible after you receive our notice so we may resume processing of this case.

My lawyer says the checks have been cashed and we have proof of this.. She says it can be a typo..
Most weird part is for my EAD it says card has been ordered.. but I haven't even done finger prints and my 485 is in suspense..

Anyone any idea whats happening.. should I be worried about OS155A and 485 things..
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kirupa
08-26 03:58 AM
I would go with Method 2 since you are not taking up resources having all six of the contents in memory - even if their visibility is set to false.

:)
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bagheera
06-10 05:28 PM
Hello all, please share your thoughts/advice on my case.

Worked for Employer A from May 2004 - April 2007
I-140 approved for Employer A in January 2007 (EB2 Category)
Changed job in April 2007 to Employer B (my current employer).
I-485 filed in July 2007 using approved I-140 from Employer A, and a letter for future employment.
Employment verification RFE received in June 2009

My lawyer advises to use AC21 and provide employment verification letter from my current employer (Employer B) for this RFE response.

Since my I485 filing was based on future employment and I did not work for Employer A for 180 days after filing I-485, this causes some complexity.

AC21 invocation letters typically state that you're using AC21 for switching employment after 180 days. What argument should be used to invoke AC21 in my case?

Thanks!
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wizard
09-18 06:58 PM
Hmmm, why is this in Job Offers? :h:
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Blog Feeds
02-10 08:50 PM
Immigration Visa Attorney Blog Has Just Posted the Following:
http://www.immigrationvisaattorneyblog.com/flag_CNMI.gifAll immigration law attorneys must deal with foreign countries, unique international legal issues, and some quaint interpretations of law. The lawyers at Los Angeles' Fong & Chun are no exception, and in fact, this recent change affects some of our clients who do business in or own businesses in the Commonwealth of the Northern Mariana Islands (CNMI).

On 28 November 2008, "the United States" as defined for purposes of the Immigration & Nationality Act (INA) just got bigger, with the addition of the Commonwealth of the Northern Mariana Islands. Although there are probably wrinkles I have not yet read in the treaty, this essentially puts the CNMI on the same footing as Puerto Rico. Here's the cute part:

Because the CNMI will become part of the "United States" as defined by �101(a)(38) of the INA, "residence or presence in the CNMI before 28 November 2009 shall NOT be considered residence or physical presence within the USA for INA purposes. Thus, on 29 November 2009, all persons physically present in the CNMI are considered "to be present in the United States without inspection, by operation of law."

Will these PWIs (present without inspection) be eligible to adjust status? Unclear? Are they working "abroad" for purposes of L visas? Yes, as it turns out. One thing is clear: Legal Permanent Residents (so-called "green" card holders) who wish to base a naturalization application based on physical presence in the CNMI will NOT be able to do so for pre-29 November 2009 periods of time. Isn't this esoterica fun? --jcf





More... (http://www.immigrationvisaattorneyblog.com/2010/02/the-usa-is-bigger.html)
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dilbert_cal
07-08 03:59 PM
Sorry - I hadnt seen the other threads that you have already started.

Can you please in future just open one thread or even better use an existing thread.
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