pbuckeye
08-23 10:34 AM
Hi
I am currently on H1b and I have applied for an extension around July 14th. My i-94 is expiring on
Sept 20th. My husband is currently on F-1. I wanted to find out in case my H1b visa is rejected, will
I have to immediately leave the country. Would it be possible for me to convert to F-2 while being in US
in case my H1-B gets rejected?
If the rejection comes after the I-94 expiry date then theoretically yes. However, check with an attorney on any "grace period" (sometimes the denial notice mentions 10 days or 30 days).
You can convert to F2 as long as you have not applied for I-140 (shown immigrant intent).
You can also file a new H1B or file a "motion to reconsider" if you have new supporting documents or a change in circumstances.
Good luck with the extension.
I am currently on H1b and I have applied for an extension around July 14th. My i-94 is expiring on
Sept 20th. My husband is currently on F-1. I wanted to find out in case my H1b visa is rejected, will
I have to immediately leave the country. Would it be possible for me to convert to F-2 while being in US
in case my H1-B gets rejected?
If the rejection comes after the I-94 expiry date then theoretically yes. However, check with an attorney on any "grace period" (sometimes the denial notice mentions 10 days or 30 days).
You can convert to F2 as long as you have not applied for I-140 (shown immigrant intent).
You can also file a new H1B or file a "motion to reconsider" if you have new supporting documents or a change in circumstances.
Good luck with the extension.
wallpaper The more a state and its
carbon
03-24 09:26 PM
If you have worked on a H1B that was from the quota and you have
never left the US for more than 1 year since then.. then you can
transfer your university H1B to company H1B (without waiting for Oct1)
I have comfirmed this with one lawyer for my situation.
never left the US for more than 1 year since then.. then you can
transfer your university H1B to company H1B (without waiting for Oct1)
I have comfirmed this with one lawyer for my situation.
sts_seeker
06-04 05:42 PM
Dear Experts I need this suggestion ASAP to prove I-140 ability to pay.
My Priority Date EB3 is Apr, 2004 and Company is in Loss for '04,'05 and '06 and so can't prove Net assets is greater than liablities or revenue is greater than proffered wage. However Company recently has been approved for line of credit which is greater than(>) the proferred wage.
The only way to show the ablity to pay is by showing the w2 that I have been paid the proffered wage since the priority date which is April 04. But I did not work from Jan'04 though mid of '05 because of health reason. During that time, I was paid by the disability insurance from the employer and I paid the tax for disability income while filing the W-2.
After I joined back on mid on '05 I have been paid more than proferred wage till present(June'07).
Does that satisfy the USCIS of the requirement of ability to pay or Not???
I need help ASAP.
Thanks everyone
My Priority Date EB3 is Apr, 2004 and Company is in Loss for '04,'05 and '06 and so can't prove Net assets is greater than liablities or revenue is greater than proffered wage. However Company recently has been approved for line of credit which is greater than(>) the proferred wage.
The only way to show the ablity to pay is by showing the w2 that I have been paid the proffered wage since the priority date which is April 04. But I did not work from Jan'04 though mid of '05 because of health reason. During that time, I was paid by the disability insurance from the employer and I paid the tax for disability income while filing the W-2.
After I joined back on mid on '05 I have been paid more than proferred wage till present(June'07).
Does that satisfy the USCIS of the requirement of ability to pay or Not???
I need help ASAP.
Thanks everyone
2011 United States Mountain Ranges
newbie2020
08-27 12:00 PM
I had posted this info much earlier..... Look at my other posts.
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zeus2000
04-21 07:22 PM
I haven't received any responses yet, and could still use help on the matter. Please, I want to hear your thoughts!
raghav0
10-14 07:39 AM
Why would you want to invite trouble...lol...kidding... the above mentioned website was what I used to send in the documents...
more...
loku
08-16 08:03 PM
I was on H-1 and got laid off on July 23. I filed for COS to H4 online on the same day and got the electronic receipt the same day. As I had filed I-539 after work hours, the receipt shows that USCIS received my application on July 26 instead of 23. I got the paper receipt in next 3 days. I hope this will not create any problems as my employer sent notification to USCIS on July 31 and I received my last paystub on July 31 though it was only till July 23. I have been working in US with good status for last 5 years.
Now I have some questions. Any help is greatly appreciated:
1) I recently got two Job offers from different consulting firms. When I told them that my H4 status is still pending, their attorneys told me conflicting things.
- One employer's attorney said that I have to wait till my H4 is approved and only then they could apply for my H1. At this time I have not status and they cannot file my H1.
- The other employer's attorney said that I could apply for H1 while my H4 is still pending by giving pending petition reference in the new H1 application. This will let USCIS adjudicate both the pending status together and there will be no problem for my H1.
Which one of them is correct ? What are the risks involved if I go with the advice of second attorney? Is there a possibility that filing H1 increases the chances the both my H4 and H1 applications are rejected and I could be OOS ?
2) Second question is that the second employer wants me to start immediately after I get H1 receipt. Am I eligible to work on a receipt with my situation or do I need to wait for the complete approval ? What if I get an RFE ? As this is a consulting firm, they have work order from end client for only 3 months and it will be renewed after every 3 months. Will this 3 month work order will create any problems ?
3) What is my current status ? Will the current time while H4 is pending will be counted against H1 or H4 ? As I have only a little over year left in my H1, it is important for me to know how much valid time I have left for H1. This processing time could go in months if I get an RFE.
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Now I have some questions. Any help is greatly appreciated:
1) I recently got two Job offers from different consulting firms. When I told them that my H4 status is still pending, their attorneys told me conflicting things.
- One employer's attorney said that I have to wait till my H4 is approved and only then they could apply for my H1. At this time I have not status and they cannot file my H1.
- The other employer's attorney said that I could apply for H1 while my H4 is still pending by giving pending petition reference in the new H1 application. This will let USCIS adjudicate both the pending status together and there will be no problem for my H1.
Which one of them is correct ? What are the risks involved if I go with the advice of second attorney? Is there a possibility that filing H1 increases the chances the both my H4 and H1 applications are rejected and I could be OOS ?
2) Second question is that the second employer wants me to start immediately after I get H1 receipt. Am I eligible to work on a receipt with my situation or do I need to wait for the complete approval ? What if I get an RFE ? As this is a consulting firm, they have work order from end client for only 3 months and it will be renewed after every 3 months. Will this 3 month work order will create any problems ?
3) What is my current status ? Will the current time while H4 is pending will be counted against H1 or H4 ? As I have only a little over year left in my H1, it is important for me to know how much valid time I have left for H1. This processing time could go in months if I get an RFE.
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2010 map of usa states and cities.
masti_Gai
09-13 08:47 AM
so he is worried:confused:
itz been nearly 4 months ma 140 is still pending at Nebraska:eek:
itz been nearly 4 months ma 140 is still pending at Nebraska:eek:
more...
sukhyani
06-23 01:04 PM
IF dates stay current THEN
I-485 processing is FIFO based on receipt date of I-485
ELSE
I-485 processing is FIFO based on PD
END IF
:)
Man you need to go help USCIS write a good program that helps them become efficient. I am still struggling with the idea that they lose thousands of Visa numbers every year just because of their inefficiency.
I-485 processing is FIFO based on receipt date of I-485
ELSE
I-485 processing is FIFO based on PD
END IF
:)
Man you need to go help USCIS write a good program that helps them become efficient. I am still struggling with the idea that they lose thousands of Visa numbers every year just because of their inefficiency.
hair 1 revision, 36 KB
srinivas_meena_vinu
07-18 12:05 PM
Thanks.
Mine is not a Lobour substitution. In fact I am in L1A and mine has been filed in EB3 category. It is done by PERM and it has been approved. My designation is Program Manager and based on that the Labour was filed. My company is doing well and also pays well.
Please advice if that would help.
Mine is not a Lobour substitution. In fact I am in L1A and mine has been filed in EB3 category. It is done by PERM and it has been approved. My designation is Program Manager and based on that the Labour was filed. My company is doing well and also pays well.
Please advice if that would help.
more...
bobzibub
10-04 03:27 PM
you can also change employers immediately. Your spouse is the primary applicant, and hte 180 day AC21 rule applies to her. You can:
- use EAD whenever you want
- change jobs whenever you want
- change job profile however you want.
she:
- can use EAD whenever she wants
- change jobs after 180 days
- change onto a job in the same or similar profile.
Now if the secondary applicant also has a 140/485 application filed this means that he or she should wait for six months also.. I have an EAD (as of yesterday) from my wife's application. Mine is just the 485 -- no EADs/APs etc. If I contract on the side with my EAD (invalidating my H1b) does my employer find out? Am I obligated to tell?
Cheers,
-b
- use EAD whenever you want
- change jobs whenever you want
- change job profile however you want.
she:
- can use EAD whenever she wants
- change jobs after 180 days
- change onto a job in the same or similar profile.
Now if the secondary applicant also has a 140/485 application filed this means that he or she should wait for six months also.. I have an EAD (as of yesterday) from my wife's application. Mine is just the 485 -- no EADs/APs etc. If I contract on the side with my EAD (invalidating my H1b) does my employer find out? Am I obligated to tell?
Cheers,
-b
hot USA - States with Counties
gcformeornot
01-20 01:10 PM
I am working for a consulting firm and my 6 year H1 is expiring on March 2012. My I-140 is approved as of Dec 2008(EB3) - pd Aug 2007. I-485 not filed yet due to PD not current.
I have a fulltime offer from my client which is a global bank and so i would like to move to them
My question is I don't have I-140 approval notice, but have the receipt notice and also can print out the status on the USCIS website. Also I have my Alien #
My current employer wont give the copy of approval.
1. With this Can I apply for I-140 based 3-year transfer?
2. Also, once I get 3 years approved and join the new employer, if the old employer revokes I-140 will I be in trouble?
have not filed 485 there is no use for you of approved 140 except you can use the PD. You will have to start GC processing again with new employer.(PERM-140-485).
You should get a 3 year ext based on old employers 140.
I have a fulltime offer from my client which is a global bank and so i would like to move to them
My question is I don't have I-140 approval notice, but have the receipt notice and also can print out the status on the USCIS website. Also I have my Alien #
My current employer wont give the copy of approval.
1. With this Can I apply for I-140 based 3-year transfer?
2. Also, once I get 3 years approved and join the new employer, if the old employer revokes I-140 will I be in trouble?
have not filed 485 there is no use for you of approved 140 except you can use the PD. You will have to start GC processing again with new employer.(PERM-140-485).
You should get a 3 year ext based on old employers 140.
more...
house Map link shows on the County
vivek_k
05-07 02:07 PM
Can anyone recommend on a good local (in OKC, Dallas) or national attorney that is very successful in these cases. Thank you for your help.
tattoo Alaska: Facts, Map and State
srgadi
10-21 06:28 PM
Got the CPO e-mails a short while ago. Its been a long wait (came to US in 1998) but ends well :)
Best of luck with all who are still waiting to be greened!!
Best of luck with all who are still waiting to be greened!!
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pictures Map of USA
NyteStarNyne
02-26 12:19 AM
Really great design Onesimus.
Although, I wonder if you're breaking kirupa's 1st commandment :lol: (1. Entries must not contain controversial (offensive, politcal, religious, etc.) content.)
Although, I wonder if you're breaking kirupa's 1st commandment :lol: (1. Entries must not contain controversial (offensive, politcal, religious, etc.) content.)
dresses County Map of State of
h1techSlave
09-24 03:55 PM
No more visa until Oct 1st. So what is the big deal?
No More Visa Numbers Until October 1, 2010 - Department of State
The Department of State issued a letter to Section 245 Adjudications indicating that as of September 16, 2010, visas for FY2010 were no longer available for all family cases and for certain employment based cases (EB-2, EB-3, other workers, EB-4, and certain religious workers). FY2011 numbers will be available on October 1, 2010.
Source: US Immigration Law Blog - by Ashwin Sharma, Esq.: No More Visa Numbers Until October 1, 2010 - Department of State (http://ashwinsharma.com/2010/09/24/no-more-visa-numbers-until-october-1-2010--department-of-state.aspx)
No More Visa Numbers Until October 1, 2010 - Department of State
The Department of State issued a letter to Section 245 Adjudications indicating that as of September 16, 2010, visas for FY2010 were no longer available for all family cases and for certain employment based cases (EB-2, EB-3, other workers, EB-4, and certain religious workers). FY2011 numbers will be available on October 1, 2010.
Source: US Immigration Law Blog - by Ashwin Sharma, Esq.: No More Visa Numbers Until October 1, 2010 - Department of State (http://ashwinsharma.com/2010/09/24/no-more-visa-numbers-until-october-1-2010--department-of-state.aspx)
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makeup map of usa with states and
manand24
10-25 03:23 PM
I think folks who applied in July are still waiting for AP approval. A few are still waiting for receipt notices. I would be surprised if August filers have received APs.
girlfriend USA Map of States
ameryki
05-21 07:46 PM
FWIW as long as you are on H1 I think your family can always get a H4 visa outside the country based on your H1 status and reenter on H4 if that is also being considered.
hairstyles Perry-Castañeda Library Map
honeybee
09-25 03:13 PM
http://www..com/immigration-lawyers/New_York_City/
HTI
08-29 11:12 AM
thank you all...that help a lot...!!!!:)
Widget
09-21 05:57 PM
I meant ven if your case is approved.
Thanks for the reply. But I have not yet received the approval. I have just received the receipt of H1B transfer application, and I am worried if they would not approve H1B transfer application since middle name has a typo. Please reply.
Thanks for the reply. But I have not yet received the approval. I have just received the receipt of H1B transfer application, and I am worried if they would not approve H1B transfer application since middle name has a typo. Please reply.
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