get2shailesh
02-18 11:10 AM
Hello All,
I am a silent reader of Immigration voice forum and have got great information about H1B and other related issues on this forum.. Today, I am in dilemma as what to do in following situation and I thought you all will be able to help me by answering my questions. Here I go:
I am on H1B and my wife [on H4] graduated [MS] in Dec'06. Because she completed her MS in Rehabilitation counseling on H4, she does not have OPT to start the work. Now, she has got a job offer from private rehab firm and they are ready to file her H1. I would like to know following:
1. Is she eligible for 20000 MS quota exemption?
2. According to H1B visa reform act of 2004, such exempt applications were allowed to be filed on March 8, 2005 for FY2006. Is this the case for future fiscals as well?
3. If the H1B application is filed by lawyer say on April 1, 2007 in premium processing, can it be approved in 15-20 days i.e say April 15.
3. If she gets the I-797 on April 15, what will be the start date on it? Will that be October 1 or can she get earlier start date i.e. Say April 15, 2007?
The problem is if the visa start date is October 1, 2007 then the employer might not be ready to wait that long.. In that case, what are our options?
Waiting for your replies!!!
I am a silent reader of Immigration voice forum and have got great information about H1B and other related issues on this forum.. Today, I am in dilemma as what to do in following situation and I thought you all will be able to help me by answering my questions. Here I go:
I am on H1B and my wife [on H4] graduated [MS] in Dec'06. Because she completed her MS in Rehabilitation counseling on H4, she does not have OPT to start the work. Now, she has got a job offer from private rehab firm and they are ready to file her H1. I would like to know following:
1. Is she eligible for 20000 MS quota exemption?
2. According to H1B visa reform act of 2004, such exempt applications were allowed to be filed on March 8, 2005 for FY2006. Is this the case for future fiscals as well?
3. If the H1B application is filed by lawyer say on April 1, 2007 in premium processing, can it be approved in 15-20 days i.e say April 15.
3. If she gets the I-797 on April 15, what will be the start date on it? Will that be October 1 or can she get earlier start date i.e. Say April 15, 2007?
The problem is if the visa start date is October 1, 2007 then the employer might not be ready to wait that long.. In that case, what are our options?
Waiting for your replies!!!
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venky08
07-30 06:28 PM
you can enter the country even a day before your visa expires, but the main thing here is the i-94 stamp where the immigration officer puts the duration of your stay...it will be till your visa expiry date. so it is better for you to have an approval for the extension so that you can get to stay till the expiry of your visa. do premium processing or something, you still have time...
i am not an attorney...check this out with your attorney...
i am not an attorney...check this out with your attorney...
kopra
01-30 10:57 AM
Yes, If you have enough Money, Usally 8,000-10,000 $ in the bank statement( This is checked for covering any Medical Bills etc when they are here, just to make sure that the sponser is able to take care of all these when they are in US), That would be enough for you to sponser them.
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thakkarbhav
01-21 01:35 PM
Please use "Ask a lawyer for Free" link to get response from lawyer. More than 60% users of this site does not have GC and they can not advice because they never get chance to marry US citizen...Thanks.
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WeShallOvercome
11-20 06:18 PM
Can you tell me how to check if my PD is current?? Thanks
Date1 = The date your LC was filed (Or I-140 if you are LC exempt case)
Date2 = The date on Monthly Visa Bulletin for your Country of birth, and
category
If Date1 is older than Date2, you are current, otherwise not
Date1 = The date your LC was filed (Or I-140 if you are LC exempt case)
Date2 = The date on Monthly Visa Bulletin for your Country of birth, and
category
If Date1 is older than Date2, you are current, otherwise not
saketkapur
03-10 12:54 PM
Its at the discretion of the officer at POE.......I was asked for my EAD even when I had a valid H1B and last time when I had travelled on AP I was asked for my EAD......
why don't you apply for duplicate documents with the USCIS?
above is just my experience.......
why don't you apply for duplicate documents with the USCIS?
above is just my experience.......
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Life2Live
04-05 09:49 AM
Me too on same boat. I think we can post this on lawyer's forum too.
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ilikekilo
07-19 05:49 PM
i cant speak for IV Core but ithink there is only so much IV can fight for...so I believe its a no....i can be wrong...however good luck my freind
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supers789
08-07 08:00 PM
I have an approved i140 from old employer, using which I am planning to file i485 (As PD from old PERM/i140 is current for the month of Aug. & no labor filed for ne employer). As I am in good terms with old employer, they are ready to give me a "future employment letter" for my GC processing.
Can someone please let me know -
1. Format of the letter, details thats needs to be present in it,
2. Anything else I need from the old employer.
Thanks!
Can someone please let me know -
1. Format of the letter, details thats needs to be present in it,
2. Anything else I need from the old employer.
Thanks!
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kumar1
01-29 04:01 PM
I can tell you only my plans -- I am planning to visit India for 1 week. My H1-B is valid till 2010 so I will use H1-B visa to renter at Chicago. Also, 1099 or W2, it does not matter. You can take either one.
hi kumar,
Thanks for your reply. If we visit India and come back to US, then should we use AP or H1B stamping? and also can you confirm whether we should work on 1099 or W2 when EAD is used for part time.
hi kumar,
Thanks for your reply. If we visit India and come back to US, then should we use AP or H1B stamping? and also can you confirm whether we should work on 1099 or W2 when EAD is used for part time.
more...
LegalIndianInUSA
06-19 10:55 PM
Did anyone's doctor attach the following supplement to their application or am I the only one ?
http://www.cdc.gov/ncidod/dq/pdf/ti-03/appdx-a_693vacc.pdf
http://www.cdc.gov/ncidod/dq/pdf/ti-03/appdx-a_693vacc.pdf
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martinvisalaw
01-11 02:35 PM
If you will be getting any benefit in the volunteer position, such as experience in your profession, contacts, or other vocational benefits, I would not consider it appropriate H-4 activities. Even if you are not being paid a salary, you are getting a professional benefit and that is a reward.
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tpr
02-17 05:21 PM
Hi,
I graduated on May 2008 with an MBA degree. My OPT started in Jul 2008 and is valid till Jul 2009. I am not eligible for 29month extension.
I was on an internship till Jan 30th 2009 and am looking for fulltime positions now.
I understand that I will have to file for H1 on April1st and I can stay in the US and work legally if my H1B is still in process under the cap-gap rule passed last year.
How long can I legally stay in the US on OPT without a job?
Can anyone please throw light?
Thanks,
TPR
I graduated on May 2008 with an MBA degree. My OPT started in Jul 2008 and is valid till Jul 2009. I am not eligible for 29month extension.
I was on an internship till Jan 30th 2009 and am looking for fulltime positions now.
I understand that I will have to file for H1 on April1st and I can stay in the US and work legally if my H1B is still in process under the cap-gap rule passed last year.
How long can I legally stay in the US on OPT without a job?
Can anyone please throw light?
Thanks,
TPR
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saibaba
12-04 12:06 PM
In the I-140, Immigration Petition for Alien Worker, under �Basic information about proposed employment�, in the �Wages per week� column it is written as $XX,XXX/yr.
Is this the amount my employer offered in the full time position that he offered while processing my GC?
Do I have to make sure my salary with new employer should be more than $XX,XXX/yr?
Also my original employer who filed my GC mentioned my designation as Software Engineer � Applications, Do I need to have same designation in the new firm? Or can it be anything under Software Engineering like design, programming, analysis,developer,data quality,testing etc?
Is this the amount my employer offered in the full time position that he offered while processing my GC?
Do I have to make sure my salary with new employer should be more than $XX,XXX/yr?
Also my original employer who filed my GC mentioned my designation as Software Engineer � Applications, Do I need to have same designation in the new firm? Or can it be anything under Software Engineering like design, programming, analysis,developer,data quality,testing etc?
more...
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Maya.K
11-15 12:48 PM
Dear All:
I know there are numerous people who are on H4 visa here in the USA and struggling to get out of home and work. All tied up in 4 walls only coz H4 visa holders do not have the authorization to work.
Come on guys, when L2 dependant visa holders can get an EAD and permit to work then why cant H4 dependants get the same privilege ? Is this not a discrimination? Are we not being deprived of the rights that we should be getting? Are we doing justice to our careers? Aren�t 90% of H4 visa holders doctors, engineers, lawyers, MBA�s?? Are we not ruining our careers ? Are we not loosing our self esteem and independence ? are we not highly qualified and skilled to take up challenging jobs in the US ?
We all know what it is with the H1B visa. In such a scenario how can we even expect some professional life for ourselves. But are the law makers aware of this situation of ours ? Laws are amended only when they are put forward and witnessed as a problem and issue of concern. Does the US government know about this ? Does US know that it has immense store house of talent in the form of H4 visa holders ?
It has to change. H4�s should get some kinda reform else we will ruin our careers and life. If you are on the similar line then come forward and join us, in our change!!
Let your voice be heard!! Let H4�s get their independence.
Plz do the foll:
1) Visit the website � www.change.org
2) Type in �Improve the conditions of H4 dependant visa individuals in the US�
3) Register yourself and become a member � Its FREE !!!
4) Invite all your friends, relatives to join in
5) Post your thoughts, take actions, read the on going progress by members.
Together we can. So lets join hands and help ourselves.
Regards,
MAYA.
I know there are numerous people who are on H4 visa here in the USA and struggling to get out of home and work. All tied up in 4 walls only coz H4 visa holders do not have the authorization to work.
Come on guys, when L2 dependant visa holders can get an EAD and permit to work then why cant H4 dependants get the same privilege ? Is this not a discrimination? Are we not being deprived of the rights that we should be getting? Are we doing justice to our careers? Aren�t 90% of H4 visa holders doctors, engineers, lawyers, MBA�s?? Are we not ruining our careers ? Are we not loosing our self esteem and independence ? are we not highly qualified and skilled to take up challenging jobs in the US ?
We all know what it is with the H1B visa. In such a scenario how can we even expect some professional life for ourselves. But are the law makers aware of this situation of ours ? Laws are amended only when they are put forward and witnessed as a problem and issue of concern. Does the US government know about this ? Does US know that it has immense store house of talent in the form of H4 visa holders ?
It has to change. H4�s should get some kinda reform else we will ruin our careers and life. If you are on the similar line then come forward and join us, in our change!!
Let your voice be heard!! Let H4�s get their independence.
Plz do the foll:
1) Visit the website � www.change.org
2) Type in �Improve the conditions of H4 dependant visa individuals in the US�
3) Register yourself and become a member � Its FREE !!!
4) Invite all your friends, relatives to join in
5) Post your thoughts, take actions, read the on going progress by members.
Together we can. So lets join hands and help ourselves.
Regards,
MAYA.
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carlos.torres
02-02 07:11 AM
My fianc�e lives in Mexico and I live in the United States. We are planning on getting married this summer. As soon as I return, I'm planning on beginning the process so that my future wife could come to the United States to live with me. We plan on getting married in the Catholic Church, but we have doubts if that type of marriage is a valid one for this specific situation. We just don't want a delay in the process simply because it was a religious marriage and we want to be with each other as soon as possible. My question is: Is a religious marriage valid for this situation? Which one would you recommend: Having a civil marriage or a religious marriage in Mexico?
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kshitijnt
05-04 08:24 PM
Is there any way H1B can qualify as a EB1C?
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sac-r-ten
07-07 12:34 PM
Why are you going to other forums for advice. Those other forums are after making money from traffic and ads. They want you to suffer as long as possible so that they make money. They even charge per question. You are being anti-IV by visiting other forums. I hope you see the difference between them and IV.
by other forums i meant other forum sections on IV.
by other forums i meant other forum sections on IV.
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deepimpact
09-01 06:04 PM
Provided there is no retro . There can be following situations:
a) 250 equally distributed in Oct, Nov and Dec and the date moves 1 week at a time to 28th May in Dec 10.
b) 750 in Oct moving the date to 22nd or 28th May and then stuck there till Dec
Again depending on if USCIS does quarterly SO then in Dec dates may move to Aug 06.
I think with similar SO as FY2010 the PD will get close to July2007 by the Sep2011 VB. But whether the PDs will move ahead smoothly or in chunks having large periods of inactivity followed by 5-6 month jumps, thats something no one can predict.
a) 250 equally distributed in Oct, Nov and Dec and the date moves 1 week at a time to 28th May in Dec 10.
b) 750 in Oct moving the date to 22nd or 28th May and then stuck there till Dec
Again depending on if USCIS does quarterly SO then in Dec dates may move to Aug 06.
I think with similar SO as FY2010 the PD will get close to July2007 by the Sep2011 VB. But whether the PDs will move ahead smoothly or in chunks having large periods of inactivity followed by 5-6 month jumps, thats something no one can predict.
HRPRO
03-25 11:30 AM
If you are still maintaining your H as long as it is above the wage on the LCA you dont have an issue. Also when your GC is appproved, you will need to make at least what was said on the labor, if not more.
ashkam
04-21 04:38 PM
Like RNGC said, once you're in parolee status, I94 expiration date is irrelevant. You are in valid status until your I-485 gets approved or denied.
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