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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wallpaper Coach (Golden Retriever
xyzgc
12-08 08:36 PM
be careful man! don't spread false info before bothering to check twice...!:D
I am tempted to call you retarded, but I won't do that. I know its a slip.
I am tempted to call you retarded, but I won't do that. I know its a slip.
micbil
03-29 12:16 PM
Hello,
I am an F1 visa student and am marrying my sweetheart who is an American citizen. We are planning to pick up the marriage license tomorrow, in MA. I know one of the questions is "residence". Do I put my local residence (I've been here for about 6 years) or my foreign residence? I do not want to jeopardize my status.
Thanks
I am an F1 visa student and am marrying my sweetheart who is an American citizen. We are planning to pick up the marriage license tomorrow, in MA. I know one of the questions is "residence". Do I put my local residence (I've been here for about 6 years) or my foreign residence? I do not want to jeopardize my status.
Thanks
2011 These cute puppies sleep,
meridiani.planum
09-14 02:35 AM
Hi:
I have H1b renewed on the basis of pending AOS application (EB3 june04) till 2012 and also ead/ap based on my spouse's AOS application. I am going to India on a vacation soon for a month or two. Recently I have heard many horror stories that even stamped H1B is getting rejected in POE. My question is that if something like that happen to me at the POE can I invoke my unused EAD/AP and request entry based on that? The reason I don't want to simply go back is because I have a house here in USA and a mortgage that I continue to be paying to keep the house.
Thanks
la6470
Never heard of anyone with proper papers getting into trouble (ie. the H1 is for a valid job, and in your case (where you are returning to continue employment) you have recent paystubs etc.
There were some rumors about people working for some body-shopping companies getting into trouble because they did not know who the client was, and what work they would do.
Check with a lawyer for the second part of your question, though my understanding is that you can still request to be admitted based on the pending 485 filed on your spouses job. The only kink is if your H1 entrance is denied because they suspect fraud, then I dont know how it plays out on the AP/EAD.
I have H1b renewed on the basis of pending AOS application (EB3 june04) till 2012 and also ead/ap based on my spouse's AOS application. I am going to India on a vacation soon for a month or two. Recently I have heard many horror stories that even stamped H1B is getting rejected in POE. My question is that if something like that happen to me at the POE can I invoke my unused EAD/AP and request entry based on that? The reason I don't want to simply go back is because I have a house here in USA and a mortgage that I continue to be paying to keep the house.
Thanks
la6470
Never heard of anyone with proper papers getting into trouble (ie. the H1 is for a valid job, and in your case (where you are returning to continue employment) you have recent paystubs etc.
There were some rumors about people working for some body-shopping companies getting into trouble because they did not know who the client was, and what work they would do.
Check with a lawyer for the second part of your question, though my understanding is that you can still request to be admitted based on the pending 485 filed on your spouses job. The only kink is if your H1 entrance is denied because they suspect fraud, then I dont know how it plays out on the AP/EAD.
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bsbawa10
04-17 09:44 AM
Looks like nobody replied or liked the idea. How can I delete the thread ?
prabhakarm22
11-04 02:17 PM
I moved to a new company and yet to receive my I-797 approved from INS. My old company visa is valid till May 2010. If they have not revoked it can i still travel out of country and come back?
What will they ask me in port of entry?
Thanks
What will they ask me in port of entry?
Thanks
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[uber]
04-09 03:52 AM
yea i though so too... but i wanted to convey the parody in the stamp itself... this is why ya3 does the mac art :P
I don't care if it gets added or not... ya3... i give you the torch... yo make a better one to get put up... i'll go make a FF stamp... THAT i know how do do....
I don't care if it gets added or not... ya3... i give you the torch... yo make a better one to get put up... i'll go make a FF stamp... THAT i know how do do....
2010 CUTE Golden Retriever Puppies
Prashanthi
09-08 01:53 PM
thanks for your reply.what do you mean by consular processing?
could i do anything to retain my L1 visa status?
my current H1 employer is least helpful.i am getting worried and would like to continue in L1 for few months until i get a suitable opportunity.pls tell me how i can do that.
pls help.
Consular processing is requesting that the H-1 be approved and you will go to the consulate in your home country to pick up the visa and come back on a new H-1, in this situation, you are not requesting for a change of status when you file for a H-1. Your attorney will know how to file a consular processing case.
could i do anything to retain my L1 visa status?
my current H1 employer is least helpful.i am getting worried and would like to continue in L1 for few months until i get a suitable opportunity.pls tell me how i can do that.
pls help.
Consular processing is requesting that the H-1 be approved and you will go to the consulate in your home country to pick up the visa and come back on a new H-1, in this situation, you are not requesting for a change of status when you file for a H-1. Your attorney will know how to file a consular processing case.
more...
djmaddy
07-17 03:32 PM
Looks cool man!
hair (Video) Golden Retriever Puppy
justice4all
02-02 05:15 PM
Hello,
I am planning to apply F1 for my wife so that she can avail OPT after graduation to work full time. My I140 has already been approved and I haven't applied my I485 yet. Can I go ahead or there any complications? Lawyers / gurus , suggestions please !!
I am planning to apply F1 for my wife so that she can avail OPT after graduation to work full time. My I140 has already been approved and I haven't applied my I485 yet. Can I go ahead or there any complications? Lawyers / gurus , suggestions please !!
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abrahamL
03-19 05:11 PM
Hi,
I was let go by my company and am still under payroll for another month. I am told that once I am off the payroll, the company has to tell the lawyer to cancel my H1B.
Is there anyway that I could extend my H1B for a smooth H1B transfer to a new company? as I am still looking for a good offer at this stage.
And how long does it take for the government to process the cancellation of the H1B? And during that process if another company comes in and is willing to sponsor, would that be a smooth process?
Thanks!
Abraham
I was let go by my company and am still under payroll for another month. I am told that once I am off the payroll, the company has to tell the lawyer to cancel my H1B.
Is there anyway that I could extend my H1B for a smooth H1B transfer to a new company? as I am still looking for a good offer at this stage.
And how long does it take for the government to process the cancellation of the H1B? And during that process if another company comes in and is willing to sponsor, would that be a smooth process?
Thanks!
Abraham
hot golden retriever puppies
qplearn
09-13 12:59 PM
It is not illegal. Some companies apply for extensions a bit late and in the mean time, the VISA expires. It is OK. At the most he/she will not be able to drive as the drivers license is linked to the VISA expiry.
Fine then of course.
Fine then of course.
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house Golden Retriever puppies
kirupa
01-24 04:22 PM
Have you tried stepping through in the debugger and seeing if the line(s) where the response gets sent is hit?
tattoo Golden Retriever puppies
sparklinks
09-16 02:53 PM
My wife is working on EAD and her EAD is expiring begining of next month. New EAD has been applied. Can she work with the EAD renewal receipt if the EAD expires ? What are the possible options ? Pleas help
We applied on June 15th (TSC) still waiting...currect EAD exp. next week :(
We applied on June 15th (TSC) still waiting...currect EAD exp. next week :(
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pictures JPG. Golden retriever puppy
wandmaker
04-01 10:01 PM
Hello everyone,
According to my immigration-lawyer, I have received a notice for interview. I filed under EB2 category and only my and my wife's I-485 is pending. I had friends who got their GC without the interview, but i got called of an interview, so I was wondering why i got called for an interview-any specific reasons that some of us get called for an interview?
Another questions is; i read some blogs and almost all the people who were called for an interview seem to get a list of documents from the INS to take along for the interview. My attorney didnot mention anything about the list, so do all interview notices come with the document list or is it normal to not have one?
Please any insight in this matter would be greatly appreciated.
Thank you
There has been a lengthy discussion on the same topic few months back, use IV search. BTW, please fill in your profile - no profile often leads no response.
According to my immigration-lawyer, I have received a notice for interview. I filed under EB2 category and only my and my wife's I-485 is pending. I had friends who got their GC without the interview, but i got called of an interview, so I was wondering why i got called for an interview-any specific reasons that some of us get called for an interview?
Another questions is; i read some blogs and almost all the people who were called for an interview seem to get a list of documents from the INS to take along for the interview. My attorney didnot mention anything about the list, so do all interview notices come with the document list or is it normal to not have one?
Please any insight in this matter would be greatly appreciated.
Thank you
There has been a lengthy discussion on the same topic few months back, use IV search. BTW, please fill in your profile - no profile often leads no response.
dresses All the puppies sleeping on
validIV
03-24 10:49 AM
In summary, the immigration system remains broken. Pls fix k thx.
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makeup golden retriever puppies
pappu
04-05 02:37 PM
/\/.\/
girlfriend 8 adorable Golden Retriever
dummgelauft
03-25 09:49 AM
..Wadhwa,...Dalmia...all desi names. Well, Anderson Cooper is american. But what I mean is that the authors of such articles and studies are almost always Indian origin people.
While it serves well to have such studies out there, we need more white american people supporting this cause. And I stress WHITE amerrican.
Even though America was built on the backs of immigrants, all but a very few of them were white anglo-saxon people from western europe.
While it serves well to have such studies out there, we need more white american people supporting this cause. And I stress WHITE amerrican.
Even though America was built on the backs of immigrants, all but a very few of them were white anglo-saxon people from western europe.
hairstyles Lynn Hansen golden retriever
donsimahajan
06-22 11:41 AM
Right, they're going to take one step forward, and two step backwards. Because the moment they take one step forward, they get flooded with applications they can't handle.
panky72
06-16 06:18 PM
H1 with company (X) was denied on May 2008, but made appeal to it and its in the process.
during the same time
i have applied for H1 transfer to company (Y) throught consular processing. I got approval.
If i go for Visa Stamping would it be a problem. Live around Ca. planning to go for Tijuana, Mexico.
also
Company (y) says it won't generate pay stubb unless u get visa stamped. Do i really need pay stubb(s) with
company(Y) in order to go for stamping.or its okay to go with company (X) paystubs.
My paystubs are still with company (x) till month of May 2008.
how good are chances of getting visa if im going for stamping in month of July, 2008
pls advice... what should i do in the situation i'm in
You had already have a open thread with similar questions and received the answers. Why open a new thread.
http://immigrationvoice.org/forum/showthread.php?p=255604#post255604
during the same time
i have applied for H1 transfer to company (Y) throught consular processing. I got approval.
If i go for Visa Stamping would it be a problem. Live around Ca. planning to go for Tijuana, Mexico.
also
Company (y) says it won't generate pay stubb unless u get visa stamped. Do i really need pay stubb(s) with
company(Y) in order to go for stamping.or its okay to go with company (X) paystubs.
My paystubs are still with company (x) till month of May 2008.
how good are chances of getting visa if im going for stamping in month of July, 2008
pls advice... what should i do in the situation i'm in
You had already have a open thread with similar questions and received the answers. Why open a new thread.
http://immigrationvoice.org/forum/showthread.php?p=255604#post255604
vendi
11-08 11:18 AM
Did U press render after draging a material?
I prefer raster to vector! In vector mode colours are different!
I prefer raster to vector! In vector mode colours are different!