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Hello,
My wife got her H1B approved couple of months back (Sep 2008). She did not get a job till now (Nov 2008) due to the market conditions. We need to travel to India early next year and have to do visa stamping.
1. Can she go back on her H4 and then go to India and get it stamped? She had been on H4 since Oct 2003 up until Oct 2008 (when her H1 became valid). If she goes back on H4, how long will it be for? Does her clock for 6 years of H4 start again after this change back from H1?
2. Once she comes back from India, can she look for a job and get back on the same H1? Will she be required to go through the cap? How much time will be remaining on her H1 (6yrs - 2 months that she worked)?
3. Please advise if there are some other options to keep the H1 (do not want to go thru the cap again) but not getting it stamped when in India. If we get paystubs from the employer for some months on H1, will that help?
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GCard_Dream
03-25 01:59 PM
I just need to ask one more time. Please advise if you know any good immigration attorney in Arizona.
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My 140 was filed for a future Team lead position. I am currently a Sr Sw Engg with the same employer. The job description is nearly the same. But I am not sure how this little quirk effects my AC21 eligibility. When does my 180 day start counting ? From filing date or from the date I get the Team lead title ?
180 days start from filing of I-485.
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designserve
03-03 04:08 PM
I believe working on 1099 is allowed when you have the full time work on H1B going.
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Hi,
MY 485 LUD first happend on the day we went for FP on Oct 24.
On Nov 3 we saw one more LUD on 485.
We did not get EAD or AP yet..
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March 28th, 2005, 03:30 AM
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Hi ,
I was in confusing situation,hope you can clarify and help me out.
My wife came to US as H4 in Feb 08.Her i-94 is valid till march 2010.
She applied H1 got H1 approved from Oct08 for 3 years.Since from Oct08 , employer couldnot find project for her.Her employer is asking to move from H1 to H4 back using Cos(i-539).After getting project can move back from H4 to H1 which doesnot come under quota.
My questions are:
1.Is it safe to move from H1 to H4 and back to H1 when she gets project.
2.Her previous H4 i-94 is valid till March 2010.She didnot went to india again.
If she converts from H1 to H4 now,till when she will get i-94(till my H1 valid or original i-94 date).
If she gets i-94 till original i-94 i.e March 2010,does she needs to go to stamping after March 2010 again or continue to be in US even after March or just go for border and get new i-94.
Can you please clarify.
Any suggesstions is really apprecaited.
Thanks
Kumar
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Hellow,
I have a quick question. My I140 got approved in sep'08. Should I have to wait till PD gets current or I can file for I485 and USCIS will process my application according to my PD?
Any responce will be highly appreciated.
Gaurav
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Could anyone throw some light on this...
i now finished school and I have a course completion letter from the school but I ma formally taking the walk in May.So i don't have an official degree yet.
I have to apply for a H1B visa Could I apply for a H1B on a masters quota with the course completion letter .I have heard yes but I needed confirmation with respect to this.
And If I don't get a H1B visa will my application slide to the Bachelors quota automatically(does this depend on the course completion letter that I have submitted?)??
My other doubt being since my company is not e verified what are my other options if I dont get a H1B visa???
Could you please throw light on all these matters?? I would be obliged if i can understand the answers to all these queries.
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With all of the publicity recently received in the cases of the abortion clinic and Holocaust museum slayings, I'm surprised that this crime has not been getting a lot of publicity: An outspoken anti-immigration activist who was at the center of a series of violent crimes in Everett earlier this year now stands accused of the home-invasion killings of an Arizona man and his 9-year-old daughter. Shawna Forde, 41, and two associates in her Minuteman American Defense group are charged with two counts of first-degree murder, one count of first-degree burglary and one count of aggravated assault, according to the...
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My H-1B expires next year (after 6 years). I have been here 10 years (on J-1 and then H-1B visa). My employer isn't in a position to apply for Labor Certification, although they want to continue hiring me. I want to stay (no relatives here etc.). I know after one year, I can return on a new H-1B if my employer will petition again but it is messy and I want residency. I am from Britain. Help!!!
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Hi,
I lost my original passport and was issued a new passort which is valid till 12 feb 2007. I mailed my application to the indian consulate but they stamped the extension of passport for 1 more year. The first page of the passport say it expires the on 12th feb but on the next page th consular general stamped the extension of the passport till 12th jan 2008. I am goin to india on 26th jan for H1b stamping. I wanted to know what are the chances of the visa getting rejected at the US embassy. Alsp is the passport valid for travel
Thanks
Shri
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Could someone please detail the process of adding your wife to the existing 485 application. I am sure there are many folks like myself who had applied for 485 before they got married and now have to add their spouses whenever the dates become current
Do you have to get a lawyer to get the process done or can you do it yourself
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I got my H1-B visa on June 29, 2005 , I came to india on Jan 2009 . From Jan 2009 till now I have been staying in India , bcoz I was taking care of my new born daughter, now she is grown up and now I am planning to start working in US. Right now I got my H4 visa .
I came to know from someone that H1-B filing for this year was over in Jan 2011, so if I need to file a new H1-b , I have to file now and I will be eligible to work after Oct 1 this year. Is it true ? Is it not possible that a company files for a new H1-B under premium processing and I start working after 2 weeks of filing ? I don't want to wait that long(Oct 1) to work , I have few oppurinities coming up where I may get selected.
I have stayed in india from Jan 2009 till APril 2011. Now I am on H4 visa in US. Can I get a extension of my previous H1-B visa filed on June 2005?
I want to work ASAP.
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Hello
My friend is in a wierd situation.
His employer applied for H1b under premium processing in USA, the application was sent back as some information was missing under 221g. The employer has submitted the application again. Does anybody know how long will it take for the application to be processes as it was initially filed under premium processing?
Also, since now the H1b approval is not confirmed, He is under OPT and it expires in Aug 2011. Can he apply for STEM extention as his employer is e verified. so incase his h1b is not approved he can still continue to work under OPT. Is it possible to get the STEM extention while his H1b is still under processing? Need you urgent advise. Please help!!
Thank you.
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My husband and I are in a big Dilemma whether to apply for EAD or AP? In the lawyer's note,it says that anyone who is I-140 Beneficiary will not be able to use EAD and AP. Is it true?
We are on our 3 years H1/H4 using I-140 benefits only. What should we do?
Please guide us.
We still have 3 years remaining. Problem - We both have no visa stamping after we got our extentions which why AP is required at this point?
Are there any travel restrictions after we file I-1485 with AP or WITHOUT AP.
Please highlight. Will be very useful for us.
Thank you sooo much
thomasstuart
11-27 02:09 AM
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Nina Bernstein, one of the country's best immigration reporters, has a front page story in this morning's Times regarding 30 survivors of the January Haiti earthquake who were airlifted by Marines to the United States and are now sitting in detentions centers in Florida. According to the Times, these individuals were pulled from the rubble and were seeking food, safety or medical care at the airport in Port-au-Prince. When aftershocks struck, the Marines quickly evacuated people via military transports and did not bother with immigration processing. Because these individuals landed without visas, they were taken by DHS into custody and...
More... (http://blogs.ilw.com/gregsiskind/2010/04/ny-times-us-jailing-haitians-it-airlifted-to-the-us.html)
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