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java4yogi

03-28 07:38 PM

Hi,

I have been searching a lot for the H4-H1 cases and have come across the following responses from my lawyer.

My wife has an H4 from my previous company expiring in July end 2007.

I have a new approved H1 petition from my new employer approved till Aug 2008. The new employer did not apply for my wife's H4 transfer petition.

I am now applying for my wife's H1 and I had queried from the lawyers if I need to do the following :

a) Do we need to apply for my wife's H4 extension now to my current employer.
RESPONSE FROM LAWYER : NO

b) Do we need to apply for the extension for my wife's H4 visa, since it is ending last week of July 2007.
RESPONSE FROM LAWYER : NO

I am not sure if I am getting the correct responses from my company's lawyer.

I think my wife is going to go out of status if my company does not apply for her H4 extension. Is that correct ?

Also, if her H4 is only valid till July end 2007, will the INS issue her an H1 based on this ? Will my wife be forced to leave US from Aug onwards if her H1 petition is pending with the INS?

I would be very thankful if you could respond to these statements from my lawyer and advise.

Thanks a lot in advance.

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smsthss

12-19 08:57 AM

if EAD is used, can we come back to H1B when needed?

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ItIsNotFunny

10-31 11:10 AM

Hey guys,

Treat: Send mails: http://immigrationvoice.org/forum/showthread.php?t=22182
Trick: Just smile here but don't do anything.

I am a little kid want halloween treat not trick. Please give me some....

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TimeSaver

07-10 05:32 PM

I had my EB2 PERM filed and approved with PD of May 2007. Filed 140 for this already. Just today came to know that there is a October 2002 EB3 labor available for substitution at my company and matches my profile so I can use it.

What do you guys say, I only have two days left to file labor substitution, but my lawyers can do it. I have to decide fast.

Thanks

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DDash

08-16 09:06 PM

http://www.david-ware.com/


He is very knowledgeable with non-profits, esp. with universities.

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martinvisalaw

08-17 07:26 PM

I read on this and other forums that with Re-entry Permit a US resident can live outside for more than 1 year and less than 2 years.


Not true. There is no limit, except that eventually US immigration may decide that the person has relinquished their permanent residence if they stay outside the US for many years.

Secondly, Is there any limit on number of times a Re-Entry Permit can be applied?

No, the first 2 are for 2 years each, and then one year at a time. Again, CIS will eventually question whether the applicants really intend to return here.

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easygoer

10-20 11:53 AM

I am lactose intolerance and could not find much support in India for the problem. About your problem, talk to some desi lawyer, who might be able to find some sponsor.

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nonumonu

09-20 11:06 PM

Hi Vivasan

I have also been denied an H1b visa this year.. Though I had a strong IT background in a very sought after technology, I dont know what went wrong..

Did you re-appeal for it? How did it go? what is your status now.. i am eager to hear back from you as it would be help me know the process better..

Thanks in anticipation
Naiya:)

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arulz

10-12 01:10 PM

I was in Canada and came back to US last weekend using AP. I only had two documents. They asked for three but I told them that I only have two and that is all I got from USCIS.
They made me wait for 15 minutes and then stamped both AP documents and gave it back to me with an I 94 and entry date/stamp.

I believe you should have your Advance Parole document and not with the immigration.

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cooler

12-15 12:20 PM

IMHO, If you have a valid H1b visa, then you need to be gainfully employed to keep the visa valid and that would mean you continue to get paid. If not, then that that is a problem. Joining the 2nd company on EAD is not a problem. Coming back to the 1st company on EAD is not a problem either. If you want to keep your H!b alive/valid, then I would suggest that you port/transfer your H1b visa to the 2nd company and when you are done with him, transfer h1b back to 1st company.

Seems like a lot of trouble to keep the h1b visa valid, but then again, that is one of the options.

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gc_chahiye

10-01 02:58 PM

Hi ,

I have a PERM filed on Nov 2006. and it is approved. Like most ppl here I also applied for I-140 & I-485 during July and got the receipts. I am looking to change companies using AC21 by next Jan but would like to keep my H1B active.

I have the following qns:
a. If I find a new employer(B) who is willing to transfer my H1B, will I get extension 3 yr extension beyond 6 yrs based on my current employer(A)'s PERM and approved I-140.

b. I know that 3 yrs extension is possible with approved I-140. Is it possible with new employer also (the one who has nt filed ur GC ? Also Is 3 yr extn possible after filing I-485 beyond 6 yrs?

Thanks

yes to all questions.

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kol_rakesh

01-27 01:24 PM

hello
This is an icon describing the mood of the topic or describing information contained in the topic. For more info on icons, read our FAQ. posted January 25, 2008 11:27 AM Click Here to See the Profile for kol_rakeshClick Here to Email kol_rakesh Reply With QuoteEdit or Delete Messagehello,

i applied for OPT in OCT no response from TSC for a long period ,contacted international officer--she emailed TSC got response no record of such case found.

i had to apply again in DEC they cashed my check for this one so got to know my receipt number.

so i cancelled check of first application as i thought that was missing.

but problem is they processed the application for cancelled check and sent my EAD too.

second application is withdrawn.

now, they came to know that check is cancelled
they put a status that fee payment rejected due to insufficient funds and ill receive a notice.

i waited for 2 weeks received a notice saying ill receive a INVOICE notice from INS dept in which i have to pay amount for that case.

NO INVOICE received and by the time i got my notice from uscis i called to INS they said u are a day late for payment--i said no invoice received so cant get back to you.

i had payed the debt -- but INS said i was a day late
it depends on uscis to decide............


1) now will my application get rejected
2) do i have any chances of refiling again (if rejected)
as i graduated in december my I-20 will expire for refiling .?

I plead moderators and users to reply me in this regard

reply's are appreciated

thankyou
rakesh

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swamy

12-12 09:01 PM

Swamy, you showed where you belong.

GG_007

sorry - just thought you would laugh it off - forgot i'm in the 'extra sensitive' club of gc seekers.

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EdenMN

12-15 08:46 PM

one more to the list and list can go on....


http://web.mit.edu/deshpandecenter/release_010202.html

http://www.sycamorenet.com/corporate/index.asp?id=dDeshpande&showlist=true&ir=

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raysaikat

08-24 01:35 AM

There are two types of "scholarships": (i) taxable, and (ii) non-taxable. If the scholarship is non-taxable, which implies that it requires no work to "earn" it and it is not used for room-and-board and other living expenses, then you may be able to have that even while on H4.

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dval_dpal

02-08 02:54 PM

As far as i know, it dosent matter if you are on EAD or H1b. You can open a bussiness as a investor. You can have profit of that business but you can not generate your payrole or you can not work for that particular business. I will recommend to assist immigration lawyer or CPA.

thank you

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richana

08-05 04:48 PM

You need to find out what type of visa etc etc I don't think she is giving you all the details. You can appeal on anything unless you have broken the law.

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shana04

01-22 10:57 AM

...it makes sense totally...

Thanks for supporting

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ramesh9

08-20 09:58 AM

Wife and I applied for our 485 on june 16th 2007 and we got our receipt numbers and did our biometrics on August 1st. As of yesterday I got my EAD card. My wife has not. Is that common or is this something I need to be worried about. If anyone has any knowledge, please let me know. I checked USCIS where i have an online account and have registered all the receipt numbers, for her it says it's still pending.

Thanks folks and great job by everyone. appreciate all the help provided here and god luck to every one.

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arunmohan

03-06 11:52 PM

Hello:

I have same question, please reply it.

Regards

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barusri

10-24 01:18 AM

Hi
This is my first post and I would like to know if there will be any issue if the name on SSN & EAD not matching?

i.e.
My Name On

FirstName MiddleName LastName
SSN is : RAMAKRISHNA PRASAD BARU

LastName FirstName MiddleName
EAD is : BARU RAMAKRISHNA P

Thanks and appreciate for your help in advance.

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