desi3933
01-14 12:02 PM
My wife came to USA in 2002 on H4.She changed from H4 to H1 in 2004 Nov.Since then she worked continuously till now (Jan 2009).Now she's planning to take a break and change back to H4.If she wants to work again sometime in future maybe after a couple of years will she come under quota?Does she have to apply for a new H1 or can she work the remaining 2 yrs left on her H1?We missed the bus and could not apply for 485 in July.
Thanks to any suggestions.
>> Now she's planning to take a break and change back to H4.
File for change of status to H4.
>> If she wants to work again sometime in future maybe after a couple of years will she come under quota?
Since she got H1 status first time in Nov 2004, she can have H1 transfer without quota only until Nov 2010. After that her H4-to-H1 will be subject to cap.
__________________________
Not a legal advice.
US Citizen of Indian Origin
Thanks to any suggestions.
>> Now she's planning to take a break and change back to H4.
File for change of status to H4.
>> If she wants to work again sometime in future maybe after a couple of years will she come under quota?
Since she got H1 status first time in Nov 2004, she can have H1 transfer without quota only until Nov 2010. After that her H4-to-H1 will be subject to cap.
__________________________
Not a legal advice.
US Citizen of Indian Origin
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jthomas
11-24 11:08 PM
I don't think one can open a account from india in US bank. However i had visited a website which says that anyone in the world can do business from USA. I tried it but did not.
I am in H1B and i opened a business account in USA. The procedure is to get a fititcious businesss name from the citi and open a account in any of the banks. Later apply for a business license from the city. Every year you will have to file tax return (i do it on the month of december). It is very easy and consulars help over there. Additionally you have a advantage to talk to any of the SCORE/SBA members and improve your business.
Regarding opening a business account, Wells fargo charges $10/- every month and later if you talk to them about low activity account they will charge you $8/- per month. Citibank needs a lot of information and they charge $10/- a month. I had avoided citibank after spending 3 hours interacting with the teller. The best is Washington Mutual (which is Chase now). there is no charge and i think they need atleast one transaction every year.
Hope this helps.
I am in H1B and i opened a business account in USA. The procedure is to get a fititcious businesss name from the citi and open a account in any of the banks. Later apply for a business license from the city. Every year you will have to file tax return (i do it on the month of december). It is very easy and consulars help over there. Additionally you have a advantage to talk to any of the SCORE/SBA members and improve your business.
Regarding opening a business account, Wells fargo charges $10/- every month and later if you talk to them about low activity account they will charge you $8/- per month. Citibank needs a lot of information and they charge $10/- a month. I had avoided citibank after spending 3 hours interacting with the teller. The best is Washington Mutual (which is Chase now). there is no charge and i think they need atleast one transaction every year.
Hope this helps.
jonty_11
07-26 05:27 PM
seach on the forum..this discussion has occurred upteen # of times ....
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needhelp!
01-14 12:45 PM
No you are not required to file a separate petition for your husband. When your sister files the I-130, she needs to put your husband's name on the same form.
When you file DS-230, Each family member that is eligible to travel to the United States with you under this visa classification is required to complete the DS-230 Part I. So separate DS-230 are required for you and your husband.
1. If you are a U.S.citizen you must file a separate Form I-130 for each eligible relative. You may file a Form I-130 for:
A. Your husband or wife;
B. Your unmarried child under age 21;
C. Your unmarried son or daughter age 21 or older;
D. Your married son or daughter of any age;
E. Your brother(s) or sister(s) (you must be age 21 or older);
F. Your mother or father (you must be age 21 or older).
If your relative qualifies under paragraph 1(C), 1(D), or 1(E) above, separate petitions are not required for his or her husband or wife or unmarried children under 21 years of age.
When you file DS-230, Each family member that is eligible to travel to the United States with you under this visa classification is required to complete the DS-230 Part I. So separate DS-230 are required for you and your husband.
1. If you are a U.S.citizen you must file a separate Form I-130 for each eligible relative. You may file a Form I-130 for:
A. Your husband or wife;
B. Your unmarried child under age 21;
C. Your unmarried son or daughter age 21 or older;
D. Your married son or daughter of any age;
E. Your brother(s) or sister(s) (you must be age 21 or older);
F. Your mother or father (you must be age 21 or older).
If your relative qualifies under paragraph 1(C), 1(D), or 1(E) above, separate petitions are not required for his or her husband or wife or unmarried children under 21 years of age.
more...
morchu
05-27 09:45 AM
Technically ...... "ZERO" (no time-gap).
But don't worry about it too much (what can you do). Get your next job ASAP, and file for "premium processing".
In the past "extension of status" petitions had got approved even after almost a month gap, with good explanation. But you can never count on that.
Worst thing that can happen for a valid new H1 job is USCIS approve your H1 but reject your "extension of status" (I797 without I-94 attached). In that case, you might need to travel outside of USA and get your visa.
Either way, don't go beyond 180 days. There will be additional consequences.
Hello, I lost my job today, but I have H1B. So what's the time gap for finding a new job?
Thank you very much.
But don't worry about it too much (what can you do). Get your next job ASAP, and file for "premium processing".
In the past "extension of status" petitions had got approved even after almost a month gap, with good explanation. But you can never count on that.
Worst thing that can happen for a valid new H1 job is USCIS approve your H1 but reject your "extension of status" (I797 without I-94 attached). In that case, you might need to travel outside of USA and get your visa.
Either way, don't go beyond 180 days. There will be additional consequences.
Hello, I lost my job today, but I have H1B. So what's the time gap for finding a new job?
Thank you very much.
TexDBoy
12-18 05:14 PM
Thanks.
I did it for my wife. If your spouse plans to use H1B even after 6 years of its expiry, then having her own I-140 will help to get 3 year extensions
I did it for my wife. If your spouse plans to use H1B even after 6 years of its expiry, then having her own I-140 will help to get 3 year extensions
more...
rajsand
10-07 10:10 AM
I am also on the same boat.For me and my wife we only I-765 recipts only and the rest are not there.Checks are also encahsed only for this.I am not sure what is is the logic and which one will follow is it 485 then rest .
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Blog Feeds
05-14 08:00 AM
After a week full of outrage about the Arizona Immigration law, we are happy to report about an opposite spirit coming all the way from the state of New York.
Gov. David Paterson stepped into the immigration debate Monday, saying he would create the nation's first "pardon panel" to investigate requests of legal immigrants facing deportation because of past convictions.
Paterson, proposing the measure as the nation is embroiled in conflict over an Arizona law that critics say would encourage racial profiling, said he would pardon immigrants if they meet requirements including rehabilitation and demonstrate they're not a danger to society.
Paterson is seeking to combat what he calls harsh and rigid federal measures that result in deporting of immigrants who have shown considerable rehabilitation. Arizona's measure makes it a crime under state law to be in the country illegally.
Paterson said he will seek to use a governor's pardon as a tool to blunt what he called the rigid federal rules for deportation even of immigrants who have successfully engaged in a new life in America. In March, Paterson pardoned Quing Wu, an executive and Chinese immigrant who as a teenager was convicted of a smuggling.
We hope more states will follow this trend, and focus on the real effort - Immigration reform now.
Read more here (http://www.nytimes.com/2010/03/07/nyregion/07pardon.html)
More... (http://www.visalawyerblog.com/2010/05/san_diego_deportation_lawyer_n.html)
Gov. David Paterson stepped into the immigration debate Monday, saying he would create the nation's first "pardon panel" to investigate requests of legal immigrants facing deportation because of past convictions.
Paterson, proposing the measure as the nation is embroiled in conflict over an Arizona law that critics say would encourage racial profiling, said he would pardon immigrants if they meet requirements including rehabilitation and demonstrate they're not a danger to society.
Paterson is seeking to combat what he calls harsh and rigid federal measures that result in deporting of immigrants who have shown considerable rehabilitation. Arizona's measure makes it a crime under state law to be in the country illegally.
Paterson said he will seek to use a governor's pardon as a tool to blunt what he called the rigid federal rules for deportation even of immigrants who have successfully engaged in a new life in America. In March, Paterson pardoned Quing Wu, an executive and Chinese immigrant who as a teenager was convicted of a smuggling.
We hope more states will follow this trend, and focus on the real effort - Immigration reform now.
Read more here (http://www.nytimes.com/2010/03/07/nyregion/07pardon.html)
More... (http://www.visalawyerblog.com/2010/05/san_diego_deportation_lawyer_n.html)
more...
nobody
05-30 03:40 PM
Oh comon you're just too lazy it's perfectly readable :sure:.
Sure if I stare at it and such. But at a glance.. hey why am I arguing with marijuana?
Sure if I stare at it and such. But at a glance.. hey why am I arguing with marijuana?
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Blog Feeds
09-10 07:50 PM
Hunton Immigration and Nationality Law Blog Has Just Posted the Following:
On July 1, 2010, the Vital Statistics Office of the Commonwealth of Puerto Rico began issuing new, more secure Puerto Rican birth certificates to US Citizens born in Puerto Rico. As of October 1, 2010, all certified copies of Puerto Rican birth certificates issued prior to July 1, 2010, will no longer be valid. Accordingly, the Citizenship and Immigration Services (USCIS) issued a press release providing guidance to US employers with regard to the I-9 process. For new employees, employers may continue to accept all Puerto Rican birth certificates through September 30, 2010; after that date, only the new Puerto Rican birth certificates (issued on or after July 1, 2010) we be acceptable for I-9 purposes. Therefore, as of October 1, 2010, employers must pay close attention to the issuance date of Puerto Rican birth certificates presented for I-9 purposes.
For existing employees, there is no need to re-verify the employment authorization of employees who previously presented pre-July 1, 2010, Puerto Rican birth certificates. Federal Contractors subject to the Federal Acquisition Regulation E-Verify clause may continue to accept all Puerto Rican birth certificates prior to October 1, 2010, but beginning on that date, only the new Puerto Rican birth certificates issued on or after July 1, 2010, will be acceptable. Federal Contractors may not ask for the newer version during I-9 reverification of those individuals who previously presented the older version of the Puerto Rican birth certificates.
The USCIS memo can be found here (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=45e3285ca77fa210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD).
http://feeds.feedburner.com/~r/HuntonImmigrationAndNationalityLawBlog/~4/25g-Wwo_N40
More... (http://feeds.lexblog.com/~r/HuntonImmigrationAndNationalityLawBlog/~3/25g-Wwo_N40/)
On July 1, 2010, the Vital Statistics Office of the Commonwealth of Puerto Rico began issuing new, more secure Puerto Rican birth certificates to US Citizens born in Puerto Rico. As of October 1, 2010, all certified copies of Puerto Rican birth certificates issued prior to July 1, 2010, will no longer be valid. Accordingly, the Citizenship and Immigration Services (USCIS) issued a press release providing guidance to US employers with regard to the I-9 process. For new employees, employers may continue to accept all Puerto Rican birth certificates through September 30, 2010; after that date, only the new Puerto Rican birth certificates (issued on or after July 1, 2010) we be acceptable for I-9 purposes. Therefore, as of October 1, 2010, employers must pay close attention to the issuance date of Puerto Rican birth certificates presented for I-9 purposes.
For existing employees, there is no need to re-verify the employment authorization of employees who previously presented pre-July 1, 2010, Puerto Rican birth certificates. Federal Contractors subject to the Federal Acquisition Regulation E-Verify clause may continue to accept all Puerto Rican birth certificates prior to October 1, 2010, but beginning on that date, only the new Puerto Rican birth certificates issued on or after July 1, 2010, will be acceptable. Federal Contractors may not ask for the newer version during I-9 reverification of those individuals who previously presented the older version of the Puerto Rican birth certificates.
The USCIS memo can be found here (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=45e3285ca77fa210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD).
http://feeds.feedburner.com/~r/HuntonImmigrationAndNationalityLawBlog/~4/25g-Wwo_N40
More... (http://feeds.lexblog.com/~r/HuntonImmigrationAndNationalityLawBlog/~3/25g-Wwo_N40/)
more...
sanju_eb3
04-28 09:43 AM
I think you have to wait until your 3yr H1B is clear. If you find a new job before your current H1B expire, you may not have enough time left on your H1 to get the new GC labor and I-140 approved.
Hi,
My I-140 will be approved shortly in premium processing and I'll be applying for 3yr H1 extension. There is a chance that I may get laid-off soon and I wanted to know if I can change the jobs while my H1 extension petition is pending with USICS. My current H1 will expire in June'07.
Sorry, if I am asking a question that has already been addressed here. I tried to browse the forum but could not find anything.
Thanks,
Natika
Hi,
My I-140 will be approved shortly in premium processing and I'll be applying for 3yr H1 extension. There is a chance that I may get laid-off soon and I wanted to know if I can change the jobs while my H1 extension petition is pending with USICS. My current H1 will expire in June'07.
Sorry, if I am asking a question that has already been addressed here. I tried to browse the forum but could not find anything.
Thanks,
Natika
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Steve Mitchell
December 1st, 2003, 01:18 PM
Here's the press release for the new Leica Digilux two.
http://www.dphoto.us/modules.php?op=modload&name=News&file=article&sid=69&mode=thread&order=0&thold=0
http://www.dphoto.us/modules.php?op=modload&name=News&file=article&sid=69&mode=thread&order=0&thold=0
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paulkurni
07-18 01:52 PM
Hello Experts,
Little bit of background. I have been working on h1 since 2003 and applied labor in Mar 2005.
I have was able to get my application with 2007 filers. Got my 140 approved last year and ead and FP done as well. My GC sponsoring company is a desi consultancy, which is helpful to a certain extent and I have been with them since 2004.
I am in a bit of a dilemma now. The client, where I have been working for last few years, have instated a new policy in which contractors must be on W2 with the vendors. Vendor I am working with is not big and like any other consultancy (Tek, comsys), will fire if you don't have a project for 15-20 days. In the past, I wouldn't have bothered even thinking about this and moved on for another project but because of recession and difficult job market and I am contemplating this move.
After doing research, I am thinking of the following strategy.
I will transfer my h1b with the vendor and will not use EAD. Plan to work with the vendor for as long as possible and when the contract ends move back with the GC sponsoring employer. I am going with assumption that the GC sponsor will not revoke my 140 (even though it shouldn't matter as I am past 180 days with 485 and 140 is approved) and when the contract ends I have something to fall back on to. Doing that could secure me if USCIS asks EVL in future and I can simply my GC sponsoring company to show that for future employment. Also, I want to keep h1b as a way to bring my wife (if and when, with divine intervention, I get married somehow).
Do you think if this is a viable solution? Any suggestion is welcome.
Little bit of background. I have been working on h1 since 2003 and applied labor in Mar 2005.
I have was able to get my application with 2007 filers. Got my 140 approved last year and ead and FP done as well. My GC sponsoring company is a desi consultancy, which is helpful to a certain extent and I have been with them since 2004.
I am in a bit of a dilemma now. The client, where I have been working for last few years, have instated a new policy in which contractors must be on W2 with the vendors. Vendor I am working with is not big and like any other consultancy (Tek, comsys), will fire if you don't have a project for 15-20 days. In the past, I wouldn't have bothered even thinking about this and moved on for another project but because of recession and difficult job market and I am contemplating this move.
After doing research, I am thinking of the following strategy.
I will transfer my h1b with the vendor and will not use EAD. Plan to work with the vendor for as long as possible and when the contract ends move back with the GC sponsoring employer. I am going with assumption that the GC sponsor will not revoke my 140 (even though it shouldn't matter as I am past 180 days with 485 and 140 is approved) and when the contract ends I have something to fall back on to. Doing that could secure me if USCIS asks EVL in future and I can simply my GC sponsoring company to show that for future employment. Also, I want to keep h1b as a way to bring my wife (if and when, with divine intervention, I get married somehow).
Do you think if this is a viable solution? Any suggestion is welcome.
tattoo Posted April 27, 2011 at 7:42
inskrish
04-03 01:35 PM
Hello all,
I had my 140 reinstated in Feb-09 after it was denied back in 08 (filed motion to reopen). Last week i inquired about the status of my case since my visa category is current (VB 02/2003), I received a letter yesterday informing me that the case is out of the processing date, my 140 priority date is 12/2002. is this a mistake or my priority date has change to feb-09?
Hi,
Processing Date is different from Priority Date. What is your I-485 Receipt Date?
I had my 140 reinstated in Feb-09 after it was denied back in 08 (filed motion to reopen). Last week i inquired about the status of my case since my visa category is current (VB 02/2003), I received a letter yesterday informing me that the case is out of the processing date, my 140 priority date is 12/2002. is this a mistake or my priority date has change to feb-09?
Hi,
Processing Date is different from Priority Date. What is your I-485 Receipt Date?
more...
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binadh
01-14 01:50 PM
Hi All,
Need some comments on my situation. My lawyer filed for my I-140, I-485, AP, and EAD on November 20th on EB2 Row Category. I just emails yesterday stating that my EAD card is sent to production, but they have asked for initial evidence on 485. Is it possible to review 485 without looking at the 140? I am not sure what that query is, but really hoping that it is not something serious. I've already waited for 16 months for my Labor to get approved. Please share your experiences, suggestions etc. regarding this.
Need some comments on my situation. My lawyer filed for my I-140, I-485, AP, and EAD on November 20th on EB2 Row Category. I just emails yesterday stating that my EAD card is sent to production, but they have asked for initial evidence on 485. Is it possible to review 485 without looking at the 140? I am not sure what that query is, but really hoping that it is not something serious. I've already waited for 16 months for my Labor to get approved. Please share your experiences, suggestions etc. regarding this.
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lazycis
10-15 06:30 PM
I start to study WOM, my district court web doesn't list anything about that, then I find aonther site lists WOM cases filed in my district, but no status mentioned. Does anyone knows? I appreciate!
You need to register for PACER (court system) here
http://pacer.psc.uscourts.gov/
Then you just go to your court website http://pacer.psc.uscourts.gov/psco/cgi-bin/links.pl
to check upon the status of cases of interest
You need to register for PACER (court system) here
http://pacer.psc.uscourts.gov/
Then you just go to your court website http://pacer.psc.uscourts.gov/psco/cgi-bin/links.pl
to check upon the status of cases of interest
more...
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rdehar
10-07 11:59 AM
Thanks for your reply.
Is there any way that i can start working immeadiatly after getting the approval (May 2010), like Premium processing or COS immeadiatly ?
Thanks,
-Srinivas
ravise is absolutely right, u will get H1 for the period remaining (6 years minus time spent on L1). Also, if u file in next year's quota (filing starts in Apr 2010), it cannot have a start date earlier than Oct 1, 2010. I don't think u can start working on H1 before that date, even if u file premium.
Why don't u ask you company to file in current year's quota -- there are still visas available.
Is there any way that i can start working immeadiatly after getting the approval (May 2010), like Premium processing or COS immeadiatly ?
Thanks,
-Srinivas
ravise is absolutely right, u will get H1 for the period remaining (6 years minus time spent on L1). Also, if u file in next year's quota (filing starts in Apr 2010), it cannot have a start date earlier than Oct 1, 2010. I don't think u can start working on H1 before that date, even if u file premium.
Why don't u ask you company to file in current year's quota -- there are still visas available.
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GC_ASP
09-25 11:22 AM
I tried to find the thread posted by PAPPU on ability to pay. Could some one help me with this?
PAPPU:long time back I had posted something on ability to pay. look into the archives. Are you currently employed with this company?what is your current wage? what is the size of the company? how long has the company been in business? what has been the income in the past few years? how much cash do they have in bank? Do they have any external funding? how well do you know the owner? How many people have filed for GC in your company?
Ability to pay is a complicated issue to be answered without knowing all the details. Remember all the data needs to be fully legal (your small time employer should not be saving taxes by using tactics that help him financially but are not right thing to do) and correct and your employer should be willing to help you with all the information. This issue is not difficult to solve. With the help of a good lawyer who knows about the intricacies of ability to pay and takes active interest in your case and a good experienced CPA you can easily overcome it.
PAPPU:long time back I had posted something on ability to pay. look into the archives. Are you currently employed with this company?what is your current wage? what is the size of the company? how long has the company been in business? what has been the income in the past few years? how much cash do they have in bank? Do they have any external funding? how well do you know the owner? How many people have filed for GC in your company?
Ability to pay is a complicated issue to be answered without knowing all the details. Remember all the data needs to be fully legal (your small time employer should not be saving taxes by using tactics that help him financially but are not right thing to do) and correct and your employer should be willing to help you with all the information. This issue is not difficult to solve. With the help of a good lawyer who knows about the intricacies of ability to pay and takes active interest in your case and a good experienced CPA you can easily overcome it.
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Spectrum381
03-25 11:42 AM
I am done with my Finger printing on Mar 18th and now my LUD shows Mar 18th.
Can you please advice me how to keep track on this?
How do I know FBI Name Check has been cleared?
What are the follow-up steps? Please advice me.
Thanks.
Can you please advice me how to keep track on this?
How do I know FBI Name Check has been cleared?
What are the follow-up steps? Please advice me.
Thanks.
punjabi77
08-07 01:12 PM
How do i find out if a RFE has been issued on a case?
Does USCIS "check case status" mentions it? My lawyer is one heck of a person and i have to keep track of my case.
Does USCIS "check case status" mentions it? My lawyer is one heck of a person and i have to keep track of my case.
ramus
06-04 01:22 PM
Thank You Jay..
I wish members spend more time on action items then spending time on finding bill text... Bill text is already on IV home page.
I wish members spend more time on action items then spending time on finding bill text... Bill text is already on IV home page.
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