indianabacklog
07-31 12:28 PM
This is insane and scary at the same time. So, the child will have to depart the US at that time as he will no longer be able to get any valid non-immigrant visa (except probably an H1). As immigration intent has been expressed such a child will not be able to get F-1 visa. I would have to research this further as the prospect of my child having to depart the US after the rest of the family gets a GC is just too much for me to bear at this time! I'll pose the question to my lawyer and hear her opinion.
You can convert from an H4 to an F1. The definition of the F1 is not as strict as you might imagine, hope you do not come to this though.
You can convert from an H4 to an F1. The definition of the F1 is not as strict as you might imagine, hope you do not come to this though.
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Maverick1
10-22 01:51 PM
That is true but I want one of them to be rejected and by not responding to FP and stopping payment on checks I am trying to exactly that.
I think it is always better to come clean and withdraw one of the applications. It is not a good idea to let them REJECT one. They may have two different A numbers, but both are with same name and if you don't attend finger printing that might cause a bad remark (Who knows what happens behind the scenes :( ). Consult a good immigration attorney and follow his/her advise.
I think it is always better to come clean and withdraw one of the applications. It is not a good idea to let them REJECT one. They may have two different A numbers, but both are with same name and if you don't attend finger printing that might cause a bad remark (Who knows what happens behind the scenes :( ). Consult a good immigration attorney and follow his/her advise.
bodhi_tree
12-15 11:20 AM
I think I'll try to find a knowledgeable lawyer who's not too snooty. Someone better than my current company's lawyer who happens to think all information to me should be provided only on a need to know basis..I am in Cincinnati Ohio so please recommend if you know any good names..
I also have an approved I140 with my current company ....can it be used to get a 3 year term when the H1 is transferred ? I still have about 2 years left on my original 6 year term..Thankyou
I also have an approved I140 with my current company ....can it be used to get a 3 year term when the H1 is transferred ? I still have about 2 years left on my original 6 year term..Thankyou
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raju_abc
07-23 11:18 AM
Pittsburg ?? what state CA or PA ?? since there is no "h", I assume you are talking about pittsburg in CA ...
Its Pittsburgh , PA
Its Pittsburgh , PA
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ajju
08-23 01:11 PM
I submitted Proof Of Status along with my I-485 as my lawyer asked for it.. Not sure if everyone does... It was a statement (1 page word doc) with all my H1/I-94 history... I was missing few I-94 numbers, I left it blank... And attached all my H1B copies along with it...
Remember that your I-94 # changes only when you tarvel outside US... So it should be quite simple to keep track... I-94 # is also written on your H1 extension if done while in US... So I was in nutshell able to get most of my I-94 numbers.. except for one duration when I travelled on same H1 twice.. So lost that I-94 #.. But had same H1B for that duration.. SO guess it should be okay...
Remember that your I-94 # changes only when you tarvel outside US... So it should be quite simple to keep track... I-94 # is also written on your H1 extension if done while in US... So I was in nutshell able to get most of my I-94 numbers.. except for one duration when I travelled on same H1 twice.. So lost that I-94 #.. But had same H1B for that duration.. SO guess it should be okay...
seekerofpeace
04-23 04:54 PM
Hmmm you may be right.....
Well then I'd have to inform them....But still the attorney always gets a copy of an RFE right since I had it through the company attorney....
As far as getting GC is concerned I am still far from that stage.....so there is no chance of missing that....I am not counting on it....
But since I have signed that G28 form ....attorney always gets a copy of the correspondence from USCIS....
All this is to avoid getting an RFE (for extraneous reason like address change) while I am unemployed ...
Correct me if i am wrong.
SoP
Well then I'd have to inform them....But still the attorney always gets a copy of an RFE right since I had it through the company attorney....
As far as getting GC is concerned I am still far from that stage.....so there is no chance of missing that....I am not counting on it....
But since I have signed that G28 form ....attorney always gets a copy of the correspondence from USCIS....
All this is to avoid getting an RFE (for extraneous reason like address change) while I am unemployed ...
Correct me if i am wrong.
SoP
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gcformeornot
12-31 01:05 PM
bump
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Ennada
12-16 11:25 AM
Yes. I got mine extended in FL with EAD.. but the extension was only for an year eventhough the EAD was for 2-years.
~GCA
Even with H1, they renew the DLs only for a year. That the way FL rolls. I've been renewing every year since 2002.
~GCA
Even with H1, they renew the DLs only for a year. That the way FL rolls. I've been renewing every year since 2002.
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dilbert_cal
06-29 09:28 PM
As per H1B you cannot do this.. the second job will be illegal
Mr Saxena
Please do not post misleading information. If you are not sure of something, please refrain from posting on such topics.
Now on to the OP :-
YES, you can have another H1. It is considered as a concurrent H1 or part time H1. You may work on it without any issues once you get it.
It would be a seperate case.
It should not have any effect on your current H1 or 140.
Mr Saxena
Please do not post misleading information. If you are not sure of something, please refrain from posting on such topics.
Now on to the OP :-
YES, you can have another H1. It is considered as a concurrent H1 or part time H1. You may work on it without any issues once you get it.
It would be a seperate case.
It should not have any effect on your current H1 or 140.
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lbk
07-18 12:01 PM
Still I was confused. I got I-140 Approval, I have a benificiary no,
Can I use it in my I-485 application at A# and in my Wife I-485 application?
Can I use it in my I-485 application at A# and in my Wife I-485 application?
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dealsnet
02-24 11:59 AM
Details says your friend and the title says you (used 'I').
Which is correct. ?
My friend's wife was did shop lifting in JC penny store around $30 in New Jersey,but not arrested,police was taken pinger prints and case filed in Feb 2007,she went court and accepted guilty,judgement is given $300 fine and two years not enter into store premisis.
As per judgement fulfilled.Now she is in India,she has to attend H4 visa and enter to USA.Is there any problem getting H4 visa and deportation issue in USA.
Thanks advancely.
Raama
Which is correct. ?
My friend's wife was did shop lifting in JC penny store around $30 in New Jersey,but not arrested,police was taken pinger prints and case filed in Feb 2007,she went court and accepted guilty,judgement is given $300 fine and two years not enter into store premisis.
As per judgement fulfilled.Now she is in India,she has to attend H4 visa and enter to USA.Is there any problem getting H4 visa and deportation issue in USA.
Thanks advancely.
Raama
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mjdup
03-01 06:14 PM
Quite obvious why the jobs get outsourced. Great !
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apb
09-05 02:27 PM
This should go to top of queue. BUMPING
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Suva
10-28 11:07 AM
Happy Diwali to every one here in IV...
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Munshi75
10-09 06:16 PM
By all standards, you should have the receipt number by now. Call USCIS customer service and follow the menu, have lot of patience and all the info with u when u call them up.
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gc_on_demand
05-28 11:39 AM
If they approved your I485 before you get married then only way left for your wife is H1b or another visa. ( not Student visa ) you cannot apply for her gc if she is on F1 ( F1 is not dual intent visa ) .
If they approve GC then current family category takes 5-6 years F2A category . OR u can become citizen and file which is also 6-7 year from day u get ur gc.
BUT given trend it is very riskey to withdraw I 485. People donot get even chance to apply for I 485. You will be back on line in this mess.
Choise it yours..
If they approve GC then current family category takes 5-6 years F2A category . OR u can become citizen and file which is also 6-7 year from day u get ur gc.
BUT given trend it is very riskey to withdraw I 485. People donot get even chance to apply for I 485. You will be back on line in this mess.
Choise it yours..
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hariswaminathan
01-21 07:15 PM
If your husband is on H1-B he should NOT have an expired I-94 as this would mean he is out of status. I presume you have extended his H1-B (I797 approval) which would have your new I-94 attached to it.
beyond this - i concur with others that i recently did go to India on vacation with family on AP and there is no longer a requirement that visit outside while I-485 requires a valid reason. This clause was for an old situation when all categories were current and people got their GCs within months of filing I-485 and they didnt like you travelling during this short period. With GCs now taking years for approval they cannot ask you to remain in this country indefinitely without travel.
that being said - I have heard of horror stories from people arriving at certain ports of entry (SFO If im not mistaken) where the uninformed IO has questioned them on their reason for leaving and threatening to take action because "vacation" is not considered as valid emergency travel. I would therefore prepare some kind of answer incase you come across one of these buffoons.
Can soneone help me with this question.....please....
My husband is on H1B and I'm on Ead.....both of us have expired I-94 stamps.....we are planing to go to our home country this year...we want to apply for advance parole......my question is.....can we enter U.S both of us with AD?
I read on Uscis website that you need to have personal reason in order to go to your country while I-485 is pending....and you have to prove your personal reason.....is that true....we want only to visit our parents.
Thanks in advance!
beyond this - i concur with others that i recently did go to India on vacation with family on AP and there is no longer a requirement that visit outside while I-485 requires a valid reason. This clause was for an old situation when all categories were current and people got their GCs within months of filing I-485 and they didnt like you travelling during this short period. With GCs now taking years for approval they cannot ask you to remain in this country indefinitely without travel.
that being said - I have heard of horror stories from people arriving at certain ports of entry (SFO If im not mistaken) where the uninformed IO has questioned them on their reason for leaving and threatening to take action because "vacation" is not considered as valid emergency travel. I would therefore prepare some kind of answer incase you come across one of these buffoons.
Can soneone help me with this question.....please....
My husband is on H1B and I'm on Ead.....both of us have expired I-94 stamps.....we are planing to go to our home country this year...we want to apply for advance parole......my question is.....can we enter U.S both of us with AD?
I read on Uscis website that you need to have personal reason in order to go to your country while I-485 is pending....and you have to prove your personal reason.....is that true....we want only to visit our parents.
Thanks in advance!
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MArch172008
07-02 12:34 PM
My wife name in not mentioned while applying I140 , how does it imact?
Can i add her while applying I485
Can i add her while applying I485
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GCard_Dream
03-06 05:10 PM
I just wanted to make a comment. I don't have anything against color red; in fact I like red :) . It's not the red dot that bothers me; it's the delay in the GC processing. Peace.
I guess there are some anti-immigrants on the forum who is determined to discourage members by giving red dots. I see too many people receiving red dots for no reason now a days.
Solution. just ignore them.
I guess there are some anti-immigrants on the forum who is determined to discourage members by giving red dots. I see too many people receiving red dots for no reason now a days.
Solution. just ignore them.
xbohdpukc
09-25 11:59 AM
The Immigration Nationality Act does not say specifically that h4 time is added towards h1 time. It is the way laws interpreted by uscis that states h4 time counted towards H1. USCIS can change their interpretation by merely issuing a memo.
http://immigrationvoice.org/forum/showthread.php?t=454&page=3
see this thread.
Maybe it is a good idea to contact the Ombudsman about this issue.
I'm not a lawyer, but my assumption would be that this is cannot be changed by an USCIS memo. Why? Because H4 is simply a derivative status which means that it obeys all the rules pertinent to the primary beneficiary's status plus additional restrictions imposed to the particular classification by law. H status is restricted to 6 year continuous presence in the US.
It would be helpful to find the definition of a derivative status; INA does not provide such definition, but I'm sure they wouldn't be using these words loosely without a proper definition.
So my guess would be is that the answer to the question of "decoupling" H4 and H1b time will boil down to the answer to another question: what really defines a derivative status.
http://immigrationvoice.org/forum/showthread.php?t=454&page=3
see this thread.
Maybe it is a good idea to contact the Ombudsman about this issue.
I'm not a lawyer, but my assumption would be that this is cannot be changed by an USCIS memo. Why? Because H4 is simply a derivative status which means that it obeys all the rules pertinent to the primary beneficiary's status plus additional restrictions imposed to the particular classification by law. H status is restricted to 6 year continuous presence in the US.
It would be helpful to find the definition of a derivative status; INA does not provide such definition, but I'm sure they wouldn't be using these words loosely without a proper definition.
So my guess would be is that the answer to the question of "decoupling" H4 and H1b time will boil down to the answer to another question: what really defines a derivative status.
dealsnet
01-13 11:08 AM
I got approval 2 years back. What I did is applied for EAD when my date is current in that months's bullettin. So they picked up my file and find my date is current, so they rejected my EAD application first and approved the GC. I have lost the EAD filing fee, but got a peace in mind (GC).
Try that route, to pick your file from the shelf. (black hole)
Try that route, to pick your file from the shelf. (black hole)
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