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  • kirupa
    10-11 04:25 AM
    Thanks - fixed! :)




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  • xbohdpukc
    09-25 02:45 PM
    If this is derivative, then how come H1 obtained should be counted towards H4. H1 is standalone and should not be counted.

    Again, my wife is on H4 for 6 years and I did not get into 485 stage. Now she wants to go to India and come back after a one year break. If she comes back after a year on new H1, it would be fine for her. If she come back on H4, can she get a H1 after one year?

    Any idea, whether this is possible?

    Ur missing the point.
    The number after the letter, which stands for the classification category is pretty much irrelevant for the purpose of determining the maximum period of stay. You might notice that in many publications USCIS addresses visitors to the US as being in B, H or L status, omitting the #.
    As long as your wife maintains her H4 status properly (providing you maintain your H1 status) and as long as she possess necessary travel documents she is free to enter and exit the country.
    As far as I understand she will not have any legal problem obtaining an H1 visa after staying out of the country for a year, as long as the visa # is available, she has a job offer etc.
    But I do not believe that her H status clock will reset if she leaves the country for a year, then enter in H4 status (which is still a derivative and tied to your principal H status clock). Therefore she will not be able to change her status to that of H1.
    Again, it's a pretty complicated matter and you might want to consult an experienced lawyer.




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  • MunnaBhai
    08-10 05:07 PM
    This dude will never reply back. I am sure




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  • eb3retro
    06-04 07:25 AM
    dude..have some patience, people will respond. you dont need to open multiple threads for the same question..


    I applied for H1-B visa on April 2007 and the petition was approved from October 2007 to 26Th of September 2010 but when I came to USA consulate office to get the visa it became pending putting under administrative processing. It took almost 3 years to get the reconfirmation and last week I received the visa.
    The visa issuing date is 27Th May and the expiry date is 24Th August but there is another date in bottom right part of it as PED : 26 September 2010 which is my petition's expiry date.
    Now I am planning to move to USA for a long term stay so that I am selling my stuff, renting my house,.. and I just got confused by considering this date.Does this mean my visa will be expire on September and my H1 visa is just for some months? In this case does this mean I have lost 3 years of the total 6 years of the H1 visa? or the the officer issuing the visa on I-94 form in the ports of entry can issue the visa for 3 years as a normal H1-B visa?

    I have arranged with my employer to start the job on 10Th of July and I will enter USA on 8Th, so up to 26Th of September which is the PED date will be less than 3 months and if the white I-94 card that will be in my passport should correspond with the expiration of the petition, the total of my work duration, will be less than 3 months which really doesn't make sense at all but as it seems that's it!

    It seems now the only way is to apply for H1-b extension. So there will be these questions:

    1- how will be the process and how much are the fees?
    2- How long does it take?
    3- Do I have to go back to my home country to get the new stamp for extension?
    4- Is there any way to renew it in USA ?
    5- Is 2.5 months of work enough to apply for extension? or I have to come sooner if it is really necessary.
    6- In my first interview on 2007 they got all the original documents from me and never return them back to me. should I ask for duplication?
    7- Is there anything else that my employer and I should know and consider?

    I have to know the answers to these questions, first to arrange with employer and to see if they are interested and also to decide about our stuff, jobs, properties,... in my home country before entring the USA, otherwise it can be the loose of everything for us.
    Please help me



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  • sledge_hammer
    04-21 02:14 PM
    Go to the one in Sterling/Ashburn...

    My wife had gone to DMV in fair oaks mall and they had asked her to produce the original I485 and unfortunately we don't carry it. Our license is going to expire next month.

    Anybody know what we can do in this situation. Has anybody got a licence recently from VA state.

    thanks




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  • thomachan72
    01-21 09:57 AM
    Is this predominantly affecting those on consulting jobs?



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  • mrajatish
    03-24 04:31 PM
    I like the idea - any takers, I am ready to work with that person.




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  • ashkam
    09-11 08:32 AM
    In my case, my I-797 approval document itself specified which consulate I had to go to, which was Mumbai. In such a case, this consulate is notified of your H1B approval and you cannot go elsewhere for stamping. Of course, this was 8 years ago so things might have changed.



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  • pappu
    08-16 12:42 PM
    Fact sheet for download

    http://immigrationvoice.org/media/forums/iv/WashingtonDC_IV_Rally_w_FactSheet.doc




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  • Anil777
    04-06 10:54 AM
    Any help??

    Hello Braindrain...(sorry i dont know your original name)

    I am also in the same situation as u mentioned in ur post....my wifes passport and D.O.B has her mother's name - short name instead of Full name.
    would appreciate what you did in ur case and if u r able to provide the sample content of the affidivit that u prepared for ur parents....pls reply me back at the earliest at - anil.mattupalli@gmail.com as they have visa appointment in another 2 weeks...many thanks



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  • lostinbeta
    10-21 01:32 AM
    I was thinking more of tucked in between the leaves and the symbols in the lower right hand corner (but sticking out a bit so it is all showing and not convered by the leaves and symbols).

    It is your image though, so put it wherever you want.

    Suggestion: don't keep it there (I am such a hypocrite sometimes :P )




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  • tabletpc
    08-27 04:23 PM
    okuzmin,
    Can u check u r private message...!!!



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  • Desertfox
    07-24 06:32 PM
    Deleted...




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  • seahawks
    09-09 12:59 PM
    ^^^ bump ^^^



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  • neerajkandhari
    06-05 10:04 AM
    You don't need to be working in the US while the AOS is pending. You just need to have the job when permanent residence is approved, or to have a job in the "same or similar occupational classification."

    i highly appreciate your quick reply

    I have recently left my job on 31 May 2009
    I was with my Green card sponsoring company since i joined in 2004

    Do i need to collect something from my ex employer since i have quit my job

    I did not provide a letter of employment when i filled in july 2007 as my attorney said he did not want to rush the letter as he was busy filling during July 2007 friasco and would submit the same when USCIS asks for it before USCIS makes a decision in the case


    I have W2 of 2008 and i will get my 1099 for 2009 at the end of the year


    I will provide a offer letter from my new employer when USCIS needs it




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  • mhtanim
    10-09 12:07 PM
    For the past 2 renewals in FL for me it was like that. They will give exactly for 1 year and will have TEMPORARY in red color font.

    Couple of times during travel, Airport TSA authorities asked me why it is temporary in DL and asked me do you have any other photo id proof. So I started carrying Passport with me during the travel to avoid this mess.

    Nice... each year they are making money out of you. We will keep paying every year for being legal while illegals will keep driving without any or fake licenses and no insurance. Another great way to make us feel NOT Welcome.



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  • dixie
    07-18 06:28 PM
    I have a few questions and much thanks for those who answer.

    1. I have had a H1-B in 2002, but I did not get a stamping. I quit my job and went back to school. I'm out of school now, do not have an OPT (second masters) and worried about the cap.
    I heard that people who have held H1-B's in the past do not come under the cap. Is this true?

    2. A company is interested in hiring me but only in the muiddle of August (they want to conduct a few more interviews). The cap would most likely be reached by then. Do I have any other options?

    Thanks,
    Much worried.

    No, only contiguous H1-B renewals(after 3 years or yearly extensions after 6 years) are exempted from the cap. If you go back to school and apply for a fresh H1, then it is very much counted against the cap. Apart from falling back to H4 or F2(if you are married and your spouse is on H1/F1), i dont see too many options if you cannot get one of the masters quota H1. BTW, if you dont have an OPT and are out of school, then how are you still here ?




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  • Domino
    09-14 01:24 PM
    Thank you raysaikat.
    I just see one more option-- NIW...
    Hope at least one of these would work in the end.




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  • kaisersose
    10-29 09:00 AM
    Your kid is eligible to apply for SSN and you can apply because SSN not only meant for work, it is also for tax purposes. FYI - If you are residing in California or Chicago, No restrictive text will be printed on SSN card. Hope this helps!

    But the EAD is soley meant for work!

    Are they issuing EADs to 2 year olds? That would mean it is legal for a 2 year old to work which just does not add up.




    hsd31
    05-12 10:44 AM
    In principle the main criteria would be whether the job requires a person with a masters or higher degree. If the company can prove that the job description and requirements match that for a person with masters then he would qualify. Again this is based on my awareness from reading various posts on the IV and similar websites. The attorney would be the best to decide. I know many of our friends in the IV have masters but the main problem they are facing is that the job description does not specify a masters. So the employer hesitates to reaply in EB2 catagory. If your husband fits in then I believe all he has to do is to file another 140 and port the PD of the EB3 application.
    How frustating this can be, right? :(

    The above statement is incorrect. You will have to re-file the LC in addition to the I-140 for a port. There is some more info on Eb3 to Eb2 here: Upgrading from EB3 to EB2 (http://www.imminfo.com/Library/green_cards/EB/upgrading_eb3_eb2.html)




    pappu
    05-11 01:28 PM
    some german lady speaking about getting citizenship.



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