kpkrind
09-05 10:54 AM
Hello All,
Here are my case details, please help me.
- I am on a H1 visa through company ABC and my H1 visa and I-94 are expiring on Sep 30th 2007
- My wife is currently on a H4 visa and she arrived in May 2007. Her h4 visa and I-94 are valid till Sept 30th 2007
- My consulting company ABC has filed for her H1 visa and she received her H1 approval notice in May 2007 (after her arrival here) with a start date of Oct 1 2007. Since it was not a COS, she didn't receive a new I-94.
- Since our plan was to stay together for a few more months till November, My employer(and my spouse H1 sponser) ABC has filed for my H1 visa extension and her H4 visa extension and we have received receipts for both of the applications.
Would that be sending wrong signal to USCIS, saying that she wants to continue on H4 and not work on H1? Would that cause H1 approved petition to be cancelled or revoked. Is it true? If its going to be a problem, what are the immediate steps she can take since she wants to work?
We were exploring ways that she can get the H1 I-94 legal status from staying within US instead of exiting the country and getting a H1 stamping right now. What steps can we follow.
* Form I-539 which we used for extending the H4 status, could we have used the same form for requesting a change of status to H1 and since it is almost taking upto 3-4 months, would we have been granted a I-94 for H1 sometime in Nov as we were wanting? Could she stay in the US legally once this form had been filed until its approval?
* Should the employer file for I-129 to amend the status of stay from H4 visa to H1 visa and when he should do it?
Regards
Prakash
Here are my case details, please help me.
- I am on a H1 visa through company ABC and my H1 visa and I-94 are expiring on Sep 30th 2007
- My wife is currently on a H4 visa and she arrived in May 2007. Her h4 visa and I-94 are valid till Sept 30th 2007
- My consulting company ABC has filed for her H1 visa and she received her H1 approval notice in May 2007 (after her arrival here) with a start date of Oct 1 2007. Since it was not a COS, she didn't receive a new I-94.
- Since our plan was to stay together for a few more months till November, My employer(and my spouse H1 sponser) ABC has filed for my H1 visa extension and her H4 visa extension and we have received receipts for both of the applications.
Would that be sending wrong signal to USCIS, saying that she wants to continue on H4 and not work on H1? Would that cause H1 approved petition to be cancelled or revoked. Is it true? If its going to be a problem, what are the immediate steps she can take since she wants to work?
We were exploring ways that she can get the H1 I-94 legal status from staying within US instead of exiting the country and getting a H1 stamping right now. What steps can we follow.
* Form I-539 which we used for extending the H4 status, could we have used the same form for requesting a change of status to H1 and since it is almost taking upto 3-4 months, would we have been granted a I-94 for H1 sometime in Nov as we were wanting? Could she stay in the US legally once this form had been filed until its approval?
* Should the employer file for I-129 to amend the status of stay from H4 visa to H1 visa and when he should do it?
Regards
Prakash
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wheyprotein
05-25 10:06 AM
Hi.
I have an urgent need. My wife is a green card holder and we just finished visiting my family here in the US before we travel overseas tomorrow to visit my wife's family. The problem is my wife left her purse (along with her green card) at my family's house but my family is now out of town themselves for a few weeks and we can't get into the house to get her purse and green card. Luckily she left her passport at our hotel so we still have that.
My question is---can we still leave the US tomorrow without my wife's green card? Does she need to show her green card to leave US? Her country of origin passport is still valid but her immigrant visa is expired.
I can ask my family to fedex us the green card overseas once they return so we can reeneter the US when our trip is finished.
Thanks!!
I have an urgent need. My wife is a green card holder and we just finished visiting my family here in the US before we travel overseas tomorrow to visit my wife's family. The problem is my wife left her purse (along with her green card) at my family's house but my family is now out of town themselves for a few weeks and we can't get into the house to get her purse and green card. Luckily she left her passport at our hotel so we still have that.
My question is---can we still leave the US tomorrow without my wife's green card? Does she need to show her green card to leave US? Her country of origin passport is still valid but her immigrant visa is expired.
I can ask my family to fedex us the green card overseas once they return so we can reeneter the US when our trip is finished.
Thanks!!
girijas
06-20 10:55 AM
Thanks for the quick response. I have already received an email from one of the members and have responded with my contact details.
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cilantro
09-28 05:16 PM
My GC is under process and I am using my EAD. Due to a family emergency, I may need to go to India for a longer period of time. Right now, I dont see any option but to resign from my current job and move to India. But I do not want to risk my GC process either.
What can I do in this situation? Please advise.
What can I do in this situation? Please advise.
more...
hetuweb
01-26 01:53 PM
thank u "deba" and "lazycis" for ur prompt answer.
bidme_786
01-02 12:46 PM
I got a soft luds on my previous H1B which was approbed in 2007 Feb and a Case Status Information email for I-140 which was approved in Dec - 2006.
more...
Rajeev
07-02 09:36 AM
Do I have give all I-94s cards on departure from US or only the one attached to the passport? Of course all are having the same number.
Thanks in advance for your replies.
Thanks in advance for your replies.
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willIWill
01-12 03:11 PM
Andrew,
I believe you should be okay if you were not employed during that period. Remember the green card is for future employment.
But for the best advice check with an Attorney before you proceed to the interview and be prepared for questions regarding the gap.
Hope all works out for you.
I believe you should be okay if you were not employed during that period. Remember the green card is for future employment.
But for the best advice check with an Attorney before you proceed to the interview and be prepared for questions regarding the gap.
Hope all works out for you.
more...
hourglass
03-01 05:17 PM
Count me in for, SoCal chapter....do we have any plans to meet our congressmen or senators..
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GC_SUCK
03-27 12:18 PM
Any comments?
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kirupa
07-18 05:45 AM
Added!
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hmehta
06-07 06:03 PM
Unfortunately, nobody can predict this.
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pdakwala
05-27 02:11 PM
Hey Folks,
I want to talk to an individual who is stuck at the Backlog elemination center. I am in touch with the reporter who is working on the story for the people who are stuck at BEC.
The topic is how would the current bill debated in the senate would affect people who are stuck at the labor process and their application is stuck at the BEC.
This is very urgent so please call me at 408 204 2200 if you are living in bay area. Please call me directly. DO NOT SENT ME A PM.
I want to talk to an individual who is stuck at the Backlog elemination center. I am in touch with the reporter who is working on the story for the people who are stuck at BEC.
The topic is how would the current bill debated in the senate would affect people who are stuck at the labor process and their application is stuck at the BEC.
This is very urgent so please call me at 408 204 2200 if you are living in bay area. Please call me directly. DO NOT SENT ME A PM.
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immig4me
06-30 11:07 AM
I am on an H-1 and my wife has an H-4 visa.
We filed our I-485 in July 2007 and will be current as of July 1st 2010 as per the June 2010 visa bulletin.
We do not have an AP as we didn't renew it after the first one (from July 07) expired.
We do have valid EAD�s (which we have not used until now)
We have to travel urgently to India for some personal reasons in July 2010.
What if we get our Green Card while we are gone? Can we still enter using our valid H-1/H-4 visas/status? If not, is it mandatory to have an AP to re-enter in this case?
Thanks in advance.
You will have to get your AP and enter the US using it. That would be best. Consult your lawyer too..
We filed our I-485 in July 2007 and will be current as of July 1st 2010 as per the June 2010 visa bulletin.
We do not have an AP as we didn't renew it after the first one (from July 07) expired.
We do have valid EAD�s (which we have not used until now)
We have to travel urgently to India for some personal reasons in July 2010.
What if we get our Green Card while we are gone? Can we still enter using our valid H-1/H-4 visas/status? If not, is it mandatory to have an AP to re-enter in this case?
Thanks in advance.
You will have to get your AP and enter the US using it. That would be best. Consult your lawyer too..
more...
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forever
08-13 09:51 AM
Who is Becca Fischer ???:confused:
I had never expected of this variable i.e., application received by , as a factor of influence in the GC approval process discussion. People have gone completely insane. :(
I had never expected of this variable i.e., application received by , as a factor of influence in the GC approval process discussion. People have gone completely insane. :(
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krishna_brc
07-28 02:49 PM
Just to let everyone know if any of you encounter the same issue -
called up USCIS Customer Service and spoke to them about this error. They said to mention this in the Cover Letter (When I send the supporting docs) as a mistake that happened while filing the EAD and what the correct answer should be. They said it'll be then taken care of.
Am going to do accordingly!
Thanks
I did some what similar mistake and explained the same in Cover Letter while sending the supporting documents.
Got my approvals also.
Thanks,
Krishna
called up USCIS Customer Service and spoke to them about this error. They said to mention this in the Cover Letter (When I send the supporting docs) as a mistake that happened while filing the EAD and what the correct answer should be. They said it'll be then taken care of.
Am going to do accordingly!
Thanks
I did some what similar mistake and explained the same in Cover Letter while sending the supporting documents.
Got my approvals also.
Thanks,
Krishna
more...
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prapro
06-05 06:52 PM
I got RFE on my whole family’s pending I-485 applications
The REF description is “ There is a missing signature in page 4 of your application. The signature of the person who prepared your form I-485 is missing. Please have it signed by the preparer, Mr. ABC”.
I used software owned by company(Ex) to prepare these forms. And Mr. ABC is heads for immigration department in that company. I entered all the necessary info in that application and took print out for 485 form. Mr ABC details and company address printed in the 4th page of I-485 application(Part 5.Signature of person preparing form, if other than above.(sign below)) area.
Mr ABC did not put the signature there because he did not prepare the application and sent application to USCIS. My signature is there in applicant area(no problem).
We got RFE for missing preparer signature.
Now,
I contacted ex-company to get the signature on my I-485 application but he no longer working with them. Company immigration people are telling me that the signature in not required in that form.
I contacted Mr ABC for signature but I am not sure his signature is valid now on my I485 application.(because he is no longer working with them)
Finally I think the "prepared by signature" is not at all required because I entered all my information for my I-485.
I just lost ........ Any help on this issue will be greatly appreciated.
The REF description is “ There is a missing signature in page 4 of your application. The signature of the person who prepared your form I-485 is missing. Please have it signed by the preparer, Mr. ABC”.
I used software owned by company(Ex) to prepare these forms. And Mr. ABC is heads for immigration department in that company. I entered all the necessary info in that application and took print out for 485 form. Mr ABC details and company address printed in the 4th page of I-485 application(Part 5.Signature of person preparing form, if other than above.(sign below)) area.
Mr ABC did not put the signature there because he did not prepare the application and sent application to USCIS. My signature is there in applicant area(no problem).
We got RFE for missing preparer signature.
Now,
I contacted ex-company to get the signature on my I-485 application but he no longer working with them. Company immigration people are telling me that the signature in not required in that form.
I contacted Mr ABC for signature but I am not sure his signature is valid now on my I485 application.(because he is no longer working with them)
Finally I think the "prepared by signature" is not at all required because I entered all my information for my I-485.
I just lost ........ Any help on this issue will be greatly appreciated.
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fromnaija
06-23 12:46 PM
In addition there are applications that are labelled 'EXPEDITES' on receipts. These are applications where the applicant or one of the dependents is between 20 and 21 years old.
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reddy2cool
09-12 12:58 PM
bump..guys plz do reply
rameshvaid
04-03 09:05 PM
I also mailed the letter but no response from anyone.
RV
RV
CRAZYMONK
03-17 02:18 PM
1. You can apply for transfer but there might be an RFE asking about your paystubs which you can't provide as you are not on H1 now.
2. With new H1, you can only work from October 2010.
3. Now a days we can predict. If you want it quick you can opt for premium.
4. Any way even it is H1 Transfer or New H1, you need to reenter using your H1 so that your I 94 reflects your current status.
2. With new H1, you can only work from October 2010.
3. Now a days we can predict. If you want it quick you can opt for premium.
4. Any way even it is H1 Transfer or New H1, you need to reenter using your H1 so that your I 94 reflects your current status.
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