amsgc
04-02 08:27 PM
Hi Bhayzone,
Allow me to help you a bit here...
First of all, there is no such thing as a H-1B transfer. When you change jobs, the new employer files a "new petition" with the USCIS requesting that:
1) The new application should not be counted against the yearly H-1B cap.
2) Your current H-1B status be "extended" in the US
3) Your wife's H4 status be "extended" in the US
Only your wife's H4 status is dependent on your H-1B status. If your wife changes her status to F1, then your H-1B status has no bearing at all on her F1. You could even go back to your home country and stay there while your wife completes her education on F1 :)
I think the answer to your first two questions is in the above discussion. As for the third, I would personally wait to have the H-1B and H4 extensions approved, before applying for change from H4 to F1.
All this is doable because you can:
1) Use premium processing (2 weeks) for your new H1 and wife's extended H4 (at the same time). Note that you are legally allowed to pay the premium processing fee of $1000.
2) School doesn't start until the begining of July, which gives your wife enough time to change her status from H4 to F1.
Just so you know, your wife can attend school on H4 also. It helps to know this if the F1 doesn't go through. But, IMHO, it is better to be on F1 than H4 on any given day!
Good luck!
Ams
Hi,
My wife is on an H4 and we're planning to change her status to F1.
Now my H1, thus her H4 is up for renewal soon (I have another 3 yrs on my H1).
I will very soon be transferring my H1 to a new company.
I am worried about the implications this might have on the H4 to F1 transfer.
1] When my new company transfers the H1, will they also file for renewal? Or will they only transfer and later renew seperately.
2] Assuming that we change the current H4 to F1, then will we have to renew the F1 too when my wife's H4 is transferred (due to my H1 transfer).
3] Is it better to transfer to F1 from the current H4 , or wait for the new H4 for the transfer.
All advice/suggestion would be really appreciated.
Allow me to help you a bit here...
First of all, there is no such thing as a H-1B transfer. When you change jobs, the new employer files a "new petition" with the USCIS requesting that:
1) The new application should not be counted against the yearly H-1B cap.
2) Your current H-1B status be "extended" in the US
3) Your wife's H4 status be "extended" in the US
Only your wife's H4 status is dependent on your H-1B status. If your wife changes her status to F1, then your H-1B status has no bearing at all on her F1. You could even go back to your home country and stay there while your wife completes her education on F1 :)
I think the answer to your first two questions is in the above discussion. As for the third, I would personally wait to have the H-1B and H4 extensions approved, before applying for change from H4 to F1.
All this is doable because you can:
1) Use premium processing (2 weeks) for your new H1 and wife's extended H4 (at the same time). Note that you are legally allowed to pay the premium processing fee of $1000.
2) School doesn't start until the begining of July, which gives your wife enough time to change her status from H4 to F1.
Just so you know, your wife can attend school on H4 also. It helps to know this if the F1 doesn't go through. But, IMHO, it is better to be on F1 than H4 on any given day!
Good luck!
Ams
Hi,
My wife is on an H4 and we're planning to change her status to F1.
Now my H1, thus her H4 is up for renewal soon (I have another 3 yrs on my H1).
I will very soon be transferring my H1 to a new company.
I am worried about the implications this might have on the H4 to F1 transfer.
1] When my new company transfers the H1, will they also file for renewal? Or will they only transfer and later renew seperately.
2] Assuming that we change the current H4 to F1, then will we have to renew the F1 too when my wife's H4 is transferred (due to my H1 transfer).
3] Is it better to transfer to F1 from the current H4 , or wait for the new H4 for the transfer.
All advice/suggestion would be really appreciated.
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Soul
06-14 07:02 AM
Haha :beam:
nlalchandani
05-29 11:09 AM
Is there any specific time the appointments show available..IST or CST..Maybe they have a batch job that runs and makes appt available ..
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waitingnwaiting
01-19 04:02 PM
I think this is indeed a great idea.... but it might be difficult to get this information. Let me start by giving one name...
1) waitingwating
Others pls add more if you know:D:D
Not funny.
If an EB3 is so good he will not apply in EB3. He will apply in EB1. I am asking about people who were EB3 but became big after getting Green Card.
1) waitingwating
Others pls add more if you know:D:D
Not funny.
If an EB3 is so good he will not apply in EB3. He will apply in EB1. I am asking about people who were EB3 but became big after getting Green Card.
more...
dazed378
04-07 09:41 PM
A small correction - the notice sent by IRS did not mention that my filing status was changed from "married filing jointly" to "married filing separately" or "filing single". The notice says that
"We didn't allow your spouse's personal exemption because your spouse's:
Social Security Number (SSN) or Individual Taxpayer Identification Number (ITIN) was missing or
Last name doesn't match our records or the records provided by the Social Security Administration.
Each exemption listed on your tax return must have a valid SSN or ITIN. If your spouse has a valid Social Security Number assigned by the Social Security Administration or an Individual Taxpayer Identification Number assigned by the Internal Revenue Service, please contact us. Please have your spouse's Social Security card available when you contact us. If your spouse has an Individual Taxpayer Identification Number, please have the notice from us assigning the spouse's number available when you contact us.
If you have questions or need additional information, please have the following on hand when you call:
A copy of this page.
A copy of your tax return.
The notice we sent you.
If you disagree with this change or the way we processed your return, please contact us.
."
Do I still need to file form 1040X? Please let me know.
"We didn't allow your spouse's personal exemption because your spouse's:
Social Security Number (SSN) or Individual Taxpayer Identification Number (ITIN) was missing or
Last name doesn't match our records or the records provided by the Social Security Administration.
Each exemption listed on your tax return must have a valid SSN or ITIN. If your spouse has a valid Social Security Number assigned by the Social Security Administration or an Individual Taxpayer Identification Number assigned by the Internal Revenue Service, please contact us. Please have your spouse's Social Security card available when you contact us. If your spouse has an Individual Taxpayer Identification Number, please have the notice from us assigning the spouse's number available when you contact us.
If you have questions or need additional information, please have the following on hand when you call:
A copy of this page.
A copy of your tax return.
The notice we sent you.
If you disagree with this change or the way we processed your return, please contact us.
."
Do I still need to file form 1040X? Please let me know.
cyclone_p
06-21 09:10 AM
@sameer2730 : So when you made the mistake "Country Of Citizenship" on your EAD eFile, how did you get that corrected? Did you send in a "Request For Correction" along with your supporting documentation to USCIS? Did they send you an RFE or did they accept your docs and approved your EAD?
more...
roseball
07-11 11:56 PM
My last EAD renewal was processed very fast from TSC
Applied: 10/22
Card Production Ordered: 11/12
Are all these paper based filings or e-filings?
I e-filed EAD/AP renewals on May 25th, 2009. Applications are at TSC. My AP got approved on June 19th and I received the AP documents on June 20th. However, my EAD application is still pending since May 25th. I think most, if not all, EAD e-files receive a FP notice and they take a picture as well as FP when we go to the ASC. I haven't received FP notice either so far. From what I am seeing, EAD paper based filing is being processed much faster (2-3 weeks) than e-filings. Anyone who e-filed EAD could pls let us know how long it took for FP notice and EAD approval.
Applied: 10/22
Card Production Ordered: 11/12
Are all these paper based filings or e-filings?
I e-filed EAD/AP renewals on May 25th, 2009. Applications are at TSC. My AP got approved on June 19th and I received the AP documents on June 20th. However, my EAD application is still pending since May 25th. I think most, if not all, EAD e-files receive a FP notice and they take a picture as well as FP when we go to the ASC. I haven't received FP notice either so far. From what I am seeing, EAD paper based filing is being processed much faster (2-3 weeks) than e-filings. Anyone who e-filed EAD could pls let us know how long it took for FP notice and EAD approval.
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GCard_Dream
04-27 04:12 PM
Do you have a link to the news or the bill itself? If so, would you please make that available.
more...
ram_ram
11-01 07:05 PM
Legally speaking, You should not change the Metro Location for which the labor is applied. Exemption is Consulting companies can specify alternate location as 'Various client locations as specified by the employer'. Primary location would be the Head Office. So it all depends on what is specified in the labor.
Hello
My PD is March 2006 and my 6th year on H1B ends in March 2007. My LC was approved in March 2006 and I-140 got approved in July 2006. My company has relocated me to a different state. (same job, same title and company)
I have updated INS about my address change by sending AR-11. Would the job location change (from CA to NJ) have any impact on my GC processing?
Could you please advice if you info on this?
Regards
Hello
My PD is March 2006 and my 6th year on H1B ends in March 2007. My LC was approved in March 2006 and I-140 got approved in July 2006. My company has relocated me to a different state. (same job, same title and company)
I have updated INS about my address change by sending AR-11. Would the job location change (from CA to NJ) have any impact on my GC processing?
Could you please advice if you info on this?
Regards
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trramesh
11-09 02:03 PM
All,
Please post this information on other sites to get more people to participate in this survey. The survey ends on Dec 15.
Pappu,
Is this survey open to every one beyond donor forum.
Please post this information on other sites to get more people to participate in this survey. The survey ends on Dec 15.
Pappu,
Is this survey open to every one beyond donor forum.
more...
katewill
08-24 02:28 PM
i got it. thanks Xu1
according to your info, can i assume:
out of 360K,
270k belongs to EB3
135k still in DBEC (lets say 100K for 2001-02 cases)
135k still in PBEC (lets say 35K pending 2001-02)
so still 135k pending for EB3 for 2001-02.
so what is ratio of big 4 vs. the rest in EB3? any guess?
no one knows monthly BEC approval rate either right?
i am trying to guess how further will it retrogress...(well no one knows but...)
according to your info, can i assume:
out of 360K,
270k belongs to EB3
135k still in DBEC (lets say 100K for 2001-02 cases)
135k still in PBEC (lets say 35K pending 2001-02)
so still 135k pending for EB3 for 2001-02.
so what is ratio of big 4 vs. the rest in EB3? any guess?
no one knows monthly BEC approval rate either right?
i am trying to guess how further will it retrogress...(well no one knows but...)
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kondur_007
10-30 04:06 PM
In my case - which is little different than you since I'm actually transferring my job to a different subsidiary of the same employer with employer's blessing - attorney advised to file AC21 even though I had just received my GC. It sounds counter-intuitive but his logic behind it was as follows: USCIS will surely reject AC21 letter stating the candidate has already received GC. You can then keep this response in your file and use it to defend your case if there is any problem down the road (for example, during your citizenship processing) since you had informed USCIS and they themselves said it's not necessary. In case they do not reject your AC21 request you will still be fine since it means you invoked AC21 even though you got your GC so it should still be okay to switch before 6 months.
As always this is one attorney's personal opinion/strategy so please consult your own attorney before doing anything.
Thank you very much for sharing this information, this is a very good point; I never thought about it.
As always this is one attorney's personal opinion/strategy so please consult your own attorney before doing anything.
Thank you very much for sharing this information, this is a very good point; I never thought about it.
more...
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nissan_1
11-30 01:08 PM
I think you can just let Buffalo processing center about your spouse details. you might have to fillup some forms. My advice is to add your spouse before approval. I think after approval, you have to apply for canadian PR for your wife separately as a "family" class and for that I think you need to stay in canada to show a canadian adress (I am not sure though). I have one friend who is a canadian citizen did the same think for his wife. It took only 6 months from buffalo center...
Hope this helps....
Just occured to me..
I am single now ..how does it work to add my spouse later..???
1. Before approval ..??
2. After approval..???
does it also take years to add spouse (like US GC) if i marry after my PR gets approved..???
Thans in advance...
Hope this helps....
Just occured to me..
I am single now ..how does it work to add my spouse later..???
1. Before approval ..??
2. After approval..???
does it also take years to add spouse (like US GC) if i marry after my PR gets approved..???
Thans in advance...
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meridiani.planum
04-06 02:34 AM
inline...
I got an offer from employer B for a consulting GIG. I would like to invoke AC-21.
>> Personal choice here. However, it proves that your intent was not correct. If you think you would be stuck for many years, may be you should - you know it better, because the hassle and risk is not worth the little extra money.
-- there is no issue with intent. He has stayed for 6 months with current employer. After 6 months the law itself allows him to change sponsoring employer, so where is the question of intent?
2) Should I let USCIS know that I am changing my employment?
>> You better do inform the USCIS of your intentions (including AC21) if you want to keep the H1 visa status active. Because if you had registered all your cases (present or old past receipt notices too) at USCIS website, you would have noticed that there are recent LUDs on the first H1/? that you entered the US. Had you known this you would not have asked this question ;-)
--what are you talking about? A LUD could mean anything from a system update to your previous employer finally cancelling your H1. What recent-LUDs-on-first-H1 are you talking about?
>> (Also remember that when you use EAD : presently it means loosing H1 permanently unless you have some time left from the 6 year limit),
--Why? If you have an approved I-140 you can file an H1 extension even if yuou are on EAD. It does require you to leave the US and return to 'activate' the H1 though.
4) I am not sure how big employer B is (not sure how many employees work for them)....does it matter? Should I be concerned if employer B is a small employer?
>> It should be good to check the employee base and financial position of the new employer. The USCIS may deny your H1 transfer and leave you in a tough spot. It may also affect the 485 decision as success of AC21 is also dependent upon this.
-- USCIS has clarified that abiity-to-pay has to only be proven by original sponsoror. Where does it say that financial position of new employer is important for success of AC-21?
Here's a link to, and info from the USCIS memo:
http://www.ilw.com/lawyers/immigdaily/news/2005,0520-ac21.pdf
Question 7. Should service centers or district offices request proof of �ability to pay� from successor employers in I-140 portability cases, in other
words, from the new company/employer to which someone has
ported?
Answer: No. The relevant inquiry is whether the new position is in the same or similar occupational classification as the alien�s I-140 employment.
agree with the rest of your post.
I got an offer from employer B for a consulting GIG. I would like to invoke AC-21.
>> Personal choice here. However, it proves that your intent was not correct. If you think you would be stuck for many years, may be you should - you know it better, because the hassle and risk is not worth the little extra money.
-- there is no issue with intent. He has stayed for 6 months with current employer. After 6 months the law itself allows him to change sponsoring employer, so where is the question of intent?
2) Should I let USCIS know that I am changing my employment?
>> You better do inform the USCIS of your intentions (including AC21) if you want to keep the H1 visa status active. Because if you had registered all your cases (present or old past receipt notices too) at USCIS website, you would have noticed that there are recent LUDs on the first H1/? that you entered the US. Had you known this you would not have asked this question ;-)
--what are you talking about? A LUD could mean anything from a system update to your previous employer finally cancelling your H1. What recent-LUDs-on-first-H1 are you talking about?
>> (Also remember that when you use EAD : presently it means loosing H1 permanently unless you have some time left from the 6 year limit),
--Why? If you have an approved I-140 you can file an H1 extension even if yuou are on EAD. It does require you to leave the US and return to 'activate' the H1 though.
4) I am not sure how big employer B is (not sure how many employees work for them)....does it matter? Should I be concerned if employer B is a small employer?
>> It should be good to check the employee base and financial position of the new employer. The USCIS may deny your H1 transfer and leave you in a tough spot. It may also affect the 485 decision as success of AC21 is also dependent upon this.
-- USCIS has clarified that abiity-to-pay has to only be proven by original sponsoror. Where does it say that financial position of new employer is important for success of AC-21?
Here's a link to, and info from the USCIS memo:
http://www.ilw.com/lawyers/immigdaily/news/2005,0520-ac21.pdf
Question 7. Should service centers or district offices request proof of �ability to pay� from successor employers in I-140 portability cases, in other
words, from the new company/employer to which someone has
ported?
Answer: No. The relevant inquiry is whether the new position is in the same or similar occupational classification as the alien�s I-140 employment.
agree with the rest of your post.
more...
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diptam
07-08 10:07 PM
I sent 4 paystubs just like that. Thought of sending W-2 also but they are redundant Information - already gone with 140 app.
They wont deny your case for not sending W2 , in worst case they will ask
for it and you will just mail it immediatly ( keep them handy)
How many years of years of W-2 form copies do we need to attach, when we file I-485 applications?
They wont deny your case for not sending W2 , in worst case they will ask
for it and you will just mail it immediatly ( keep them handy)
How many years of years of W-2 form copies do we need to attach, when we file I-485 applications?
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indianabacklog
03-19 01:16 PM
If it is true, how come the few person with old priority date (2002) is still waiting and some person with later priority date (2003,2004) got their GC..after Name check
RD is also not a reliable predictor since there are people who have been approved who applied for AOS in July 2007 while those who had applied prior to this are still waiting to see the light.
It is a random process for sure.
RD is also not a reliable predictor since there are people who have been approved who applied for AOS in July 2007 while those who had applied prior to this are still waiting to see the light.
It is a random process for sure.
more...
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immi_seeker
07-12 08:31 PM
Our Current EAD is expiring on 10/01/2008. So we had applied for extension in june. On july 7th our application was approved and today we recieved our EAD cards. I was expecting a one year extension , which is until 10/01/2009. But USCIS send us ead cards that will expire on 01/01/2009.
What should be the course of action here. Do i need to reapply or just contact USCIS and will they be able to fix it? Any body on similiar situation.?
Service center is nebraska
What should be the course of action here. Do i need to reapply or just contact USCIS and will they be able to fix it? Any body on similiar situation.?
Service center is nebraska
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unseenguy
06-12 09:08 AM
Hi,
While in the process of filing for labor certification my company has found 2 suitable citizens who are eligible for the job.
Now what are my options going forward and how does this affect my chances of a successful PERM filing ??
I'm filing in EB3 category right now. Also I need to file for labor before oct since my H1 will expire its original 6 year length next Oct (Oct 2010).
Ask your company what the plan is. If they say wait 6 months or something, just find another job and move on quietly. You must have perm filed by oct this year.
While in the process of filing for labor certification my company has found 2 suitable citizens who are eligible for the job.
Now what are my options going forward and how does this affect my chances of a successful PERM filing ??
I'm filing in EB3 category right now. Also I need to file for labor before oct since my H1 will expire its original 6 year length next Oct (Oct 2010).
Ask your company what the plan is. If they say wait 6 months or something, just find another job and move on quietly. You must have perm filed by oct this year.
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chapper
11-09 09:59 AM
USCIS Ombudsmun Report - Total I140 approved:
Approved
2000:89,583
2001: 99,659
2002: 93,533
2003:62,281
2004:67,552
2005:94,211
2006:104,168
Oct 2006 to April 2007: 65,098
Approved
2000:89,583
2001: 99,659
2002: 93,533
2003:62,281
2004:67,552
2005:94,211
2006:104,168
Oct 2006 to April 2007: 65,098
voldemar
03-26 10:10 PM
Hi,
Does anyone know if people on H4 are allowed to work unpaid? For example, can a person on an H4 visa file for an H1B visa with a start date of October 1st, 2007 but work on a volunteer basis (i.e., unpaid) at the same job while waiting for the H1B to come?
Thanks,
AndyPeople on H4 not supposed to take job that normally would be paid. They can do trully volunteer job like community service, charity work any other work that don't have to be paid. In your case it's real work, because you will be paid for it after Oct.1. So employer will hire someone else to do this job till that date. If you work unpaid you replace this guy.
P.S. I'm not a lawyer ;)
Does anyone know if people on H4 are allowed to work unpaid? For example, can a person on an H4 visa file for an H1B visa with a start date of October 1st, 2007 but work on a volunteer basis (i.e., unpaid) at the same job while waiting for the H1B to come?
Thanks,
AndyPeople on H4 not supposed to take job that normally would be paid. They can do trully volunteer job like community service, charity work any other work that don't have to be paid. In your case it's real work, because you will be paid for it after Oct.1. So employer will hire someone else to do this job till that date. If you work unpaid you replace this guy.
P.S. I'm not a lawyer ;)
webm
03-19 03:57 PM
"On a side note, do these Processing dates also retrogress?
--Yes surprisingly it happened for TSC dates during March VB in Feb'08.retrogressed from May 24,2007 to April 10,2007
Keep hope,you should expect to receive GC soon...your PD,RD both passed the criteria for NSC.
HTH,
--Yes surprisingly it happened for TSC dates during March VB in Feb'08.retrogressed from May 24,2007 to April 10,2007
Keep hope,you should expect to receive GC soon...your PD,RD both passed the criteria for NSC.
HTH,
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