smisachu
01-02 02:09 AM
See my answers below. Best of Luck!!
My new year begins with another immigration issue..need some urgent advice.
My wife went to the US Consulate in Chennai today for her first time H-1 stamping. She completed her Phd in Biology from the US and has been working for almost a year for a US biotech company. The consular officer has asked her to submit additional information -221(g); mostly about her job and the company. I can't understand it! Most of the information asked has already been submitted to the INS in reponse to a H-1 RFE.
My wife has an Advance Parole document and EAD based on my I-485 application.
Can you suggest options for her?
1. can she forget about the H-1, not respond to the 221(g) and travel back on advance parole and start working on EAD?
Yes she can. She need not respond and can travel back on AP. However consult an attorney on how to withdraw the visa application, so the record is straight.
2. If after submission of 221(g) her visa gets rejected, can she still use the Advance Parole to travel to US and work on her EAD?
Yes. AP and H1 have no relation to each other. She has an approved H1, so she can enter on AP and still work on H1. This is valid if she withdraws her H1 stamping application, if the visa gets rejected-consult an attorney about the use of H1 after rejection.3. Any other options/advice?[/QUOTE]
My new year begins with another immigration issue..need some urgent advice.
My wife went to the US Consulate in Chennai today for her first time H-1 stamping. She completed her Phd in Biology from the US and has been working for almost a year for a US biotech company. The consular officer has asked her to submit additional information -221(g); mostly about her job and the company. I can't understand it! Most of the information asked has already been submitted to the INS in reponse to a H-1 RFE.
My wife has an Advance Parole document and EAD based on my I-485 application.
Can you suggest options for her?
1. can she forget about the H-1, not respond to the 221(g) and travel back on advance parole and start working on EAD?
Yes she can. She need not respond and can travel back on AP. However consult an attorney on how to withdraw the visa application, so the record is straight.
2. If after submission of 221(g) her visa gets rejected, can she still use the Advance Parole to travel to US and work on her EAD?
Yes. AP and H1 have no relation to each other. She has an approved H1, so she can enter on AP and still work on H1. This is valid if she withdraws her H1 stamping application, if the visa gets rejected-consult an attorney about the use of H1 after rejection.3. Any other options/advice?[/QUOTE]
fromnaija
08-18 04:41 PM
If she is here on H4 and while she was here her H1B got approved then there is no problem. As H1B is not VISA and its intent to hire. Infact if she wanted to to Join work on H1B, she will need to apply status change application for H4 to H1B.
No, not correct. Since she got a new I-94 her status changed to H1 w.e.f October 1, 2008.
However, because she did not work she is currently out of status. She will have to change her status back to H4 either by going out of country and re-entering with H4 visa or filing I-539.
No, not correct. Since she got a new I-94 her status changed to H1 w.e.f October 1, 2008.
However, because she did not work she is currently out of status. She will have to change her status back to H4 either by going out of country and re-entering with H4 visa or filing I-539.
satishku_2000
02-23 02:05 PM
Dont worry you will get your RFE soon. I saw pretty much everyone is getting RFE for H1 extension ( beyond 6 yr) these days !
Is this a new rule by USCIS?
Is this a new rule by USCIS?
kumar1
12-05 02:04 PM
Mita, before you start your lecture, please explain your following idiotic comment....
You made my day!!!!
I was waiting for someone to spit venom at timesofindia but did not happen till today.
You made my day!!!!
I was waiting for someone to spit venom at timesofindia but did not happen till today.
more...
Green.Tech
09-16 03:37 PM
Will call the rest during my next break :)
Thanks abqguy!
Thanks abqguy!
daishwarya
07-20 02:50 PM
@Suvendra, sent you a private message. Please check.
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pappu
05-11 11:49 AM
This is a suggestion for members using AILA tool. While we appreciate AILA for creating these useful tools, IV is not part of this AILA campaign.
If you want to use the AILA tool. Use your own letter and not AILA letter. Make sure not to use words like 'H1B' and 'illegal/undocumented' in the letter. Lawmaker offices will look at it and will not even care to read it fully. They will assume it is for H1B increase or about illegal immigration. Sometimes you will get an automated reply that has nothing to do with your issues you raised in your letter.
There are some good letter templates in http://immigrationvoice.org/forum/showthread.php?t=3999
and some of them do not use H1B word at all. They are totally focussed on 'Green card'. You can choose to use any one of them. As we see the progress on CIR IV will have its own webfax and call the lawmakers campaign.
If you want to use the AILA tool. Use your own letter and not AILA letter. Make sure not to use words like 'H1B' and 'illegal/undocumented' in the letter. Lawmaker offices will look at it and will not even care to read it fully. They will assume it is for H1B increase or about illegal immigration. Sometimes you will get an automated reply that has nothing to do with your issues you raised in your letter.
There are some good letter templates in http://immigrationvoice.org/forum/showthread.php?t=3999
and some of them do not use H1B word at all. They are totally focussed on 'Green card'. You can choose to use any one of them. As we see the progress on CIR IV will have its own webfax and call the lawmakers campaign.
wizpal
02-24 01:01 AM
I am ready to attend the state chapter and local law makers..
more...
rockets12345
10-30 12:36 AM
Please correct me if I am wrong i.e. I can continue working as I have already applied for my H1 extension and whatever the H1 extension response is based on that if it is approved I can stay on H1 else if extension denied for some reason then at that point I can move to EAD and file a new I-9 Form with my employer and continue my work.
Thanks
Thanks
enver
06-13 04:00 PM
Im from Turkey.
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GotGC??
01-02 03:30 PM
Good for you, and glad to know. I have made my past visa appointments on this premise, so do not know how strictly they enforce it.
But if you visit the US Consulate Vancouver site it is mentioned somewhere - in fact there are many discussions on this topic on other forums.
>>>You can travel on your current stamped H4. In fact, I'm not sure if you can even get the new H4 stamped now because they say that you can get the new approval stamped only 10 days prior to the expiry of the current one. In other words, you could get the new approval stamped after 6/10/2007 but I do not know how strictly they enfore that.
I got stamped in July-06 while my existing stamp was valid up to 12/31/06..
But if you visit the US Consulate Vancouver site it is mentioned somewhere - in fact there are many discussions on this topic on other forums.
>>>You can travel on your current stamped H4. In fact, I'm not sure if you can even get the new H4 stamped now because they say that you can get the new approval stamped only 10 days prior to the expiry of the current one. In other words, you could get the new approval stamped after 6/10/2007 but I do not know how strictly they enfore that.
I got stamped in July-06 while my existing stamp was valid up to 12/31/06..
anilsal
11-08 05:47 PM
is around 1.5million out of which meagerly 140K goes to employment based.
more...
sanju_dba
08-13 02:48 PM
Poor guys... they can give away $7.5 Billion to some country as Aid, but cannot secure their own borders without increasing burden on H1/L1 Visas for $0.6 Billion(not even 10% in comparison ) ....what a pity.... :mad:
This is pure B.S. politics....
Thats - "andar pareshani bahar shervani"
This is pure B.S. politics....
Thats - "andar pareshani bahar shervani"
ivar
02-07 09:46 AM
IVAR congratulations once again to you and your family, enjoy the green and free life to the fullest now.
Teddy,
Thanks for all your support, you are doing a great job by keeping the predictions thread alive, it gives lot of hope to everyone and encourages to hang on. I wish everyone will get there soon.
Teddy,
Thanks for all your support, you are doing a great job by keeping the predictions thread alive, it gives lot of hope to everyone and encourages to hang on. I wish everyone will get there soon.
more...
seba
09-24 10:35 AM
Hi all,
I am sure there are people here who started the green card application process but also wanted to go to school (e.g., for MBA) during the green card process. Is it possible to get an F-1 visa to attend school full-time while your green card is still pending?
I heard during a lawyer's presentation that it is very hard (almost impossible) to get an F-1 visa if you have started the green card application process, since by starting it, you have declared an intent to immigrate.
However, I have also heard that it is easy to get an F-1 visa even after starting the green card application process, but your green card application will be canceled.
Please let me know if you have any knowledge or experience in this. Thanks.
I am sure there are people here who started the green card application process but also wanted to go to school (e.g., for MBA) during the green card process. Is it possible to get an F-1 visa to attend school full-time while your green card is still pending?
I heard during a lawyer's presentation that it is very hard (almost impossible) to get an F-1 visa if you have started the green card application process, since by starting it, you have declared an intent to immigrate.
However, I have also heard that it is easy to get an F-1 visa even after starting the green card application process, but your green card application will be canceled.
Please let me know if you have any knowledge or experience in this. Thanks.
desi3933
07-19 11:35 AM
Hello IV Members,
I have a question about my Wife status(H4) here in United States, My I-485 (EB3/PD DEC 2003) got approved on July 16'th and my lawyer says they have applied my wife I-485 application on July 17'th after USCIS released rescinded July 2'nd bulletin.
My I-485 was applied before our marriage,Can anybody please share some thoughts on my wife status(H4) at present??.
Any help on getting more information will be greatly appreciated..My lawyer says she should be fine.please share your experiences.
Thanks.
You are ok.
Your wife had 180 days to file her I-485 after your approval. And that has been already filed. So no need to worry.
And, Congratulations for your I-485 approval. Welcome to the GC club.
______________________
Not a legal advice.
I have a question about my Wife status(H4) here in United States, My I-485 (EB3/PD DEC 2003) got approved on July 16'th and my lawyer says they have applied my wife I-485 application on July 17'th after USCIS released rescinded July 2'nd bulletin.
My I-485 was applied before our marriage,Can anybody please share some thoughts on my wife status(H4) at present??.
Any help on getting more information will be greatly appreciated..My lawyer says she should be fine.please share your experiences.
Thanks.
You are ok.
Your wife had 180 days to file her I-485 after your approval. And that has been already filed. So no need to worry.
And, Congratulations for your I-485 approval. Welcome to the GC club.
______________________
Not a legal advice.
more...
53885
05-12 07:44 PM
Sent 610 emails to media organizations in Western states (CA,OR,WA,AZ,NV) through AILA website.
BharatPremi
09-24 11:35 AM
Man why you need reciepts?
First of all those receipts are Applicant's (Employee's) property so I believe, if something is my property I MUST have it with me... Period. Now one thoughful reason is that, during the whole damn process, if you are not satisfied with the action taken by your lawyer and you want to change your attorney then having receipts with you would make your life easy then. Actually my attorney is really good and I do not see this coming but hey, if you have your originals with you it is better. Another reason is that suppose say in future, if you have to plan for Emergency travel outside, you would not have to plan waiting for receipts coming from your attorney then.
First of all those receipts are Applicant's (Employee's) property so I believe, if something is my property I MUST have it with me... Period. Now one thoughful reason is that, during the whole damn process, if you are not satisfied with the action taken by your lawyer and you want to change your attorney then having receipts with you would make your life easy then. Actually my attorney is really good and I do not see this coming but hey, if you have your originals with you it is better. Another reason is that suppose say in future, if you have to plan for Emergency travel outside, you would not have to plan waiting for receipts coming from your attorney then.
akred
07-25 08:04 PM
I have found that SBI is the most cost effective one. There is some inconvienience as you have to register with them, but every transfer after that can be accomplished with a fax to their offices.
arsh007
12-21 08:58 AM
Please let me know if Missouri members can participate on this conference. I am not aware if we have any local IV chapter in Missouri. Looking forward to your response.
tinoue
09-27 04:15 PM
Thank you all for sharing the response from your lawers.
I haven't got any response from my lawyer yet, but in the mean time I called USCIS customer service. At first time, I was transferred to ae 2nd level operator, but while I was waiting, the phone was disconnected. So I called again and explained my situation again to a different operator (1st level). This time, she did some investigation and told me that I should have only one A# and opened a service request. She informed me that I should get a response by Oct. 25.
But some of your lawyers said that they have seen the same situations and there has been no problem, I think it is ok to have two different A#s.
Thanks!
I haven't got any response from my lawyer yet, but in the mean time I called USCIS customer service. At first time, I was transferred to ae 2nd level operator, but while I was waiting, the phone was disconnected. So I called again and explained my situation again to a different operator (1st level). This time, she did some investigation and told me that I should have only one A# and opened a service request. She informed me that I should get a response by Oct. 25.
But some of your lawyers said that they have seen the same situations and there has been no problem, I think it is ok to have two different A#s.
Thanks!
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