rtaqi
07-25 07:30 AM
There shouldn't be any issues. The H1 visa stamp on your passport is seperate from the I-797 approval that you received, both are valid. Your wife should also have no problems getting an H4 using your current I-797. I had a freind recently who was in the exact same situation and he and his wife both didn't have any issues.
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pmat
12-17 02:10 PM
You can transfer your status from H1 to F1 using a "change of status" form. The main issue is getting the F1 visa stamp. In the visa application form, there is a question which asks whether anybody has filed an immigrant petition on your behalf. As I-140 has been applied/approved, you will have to answer yes for that question. This will show immigrant-intent: but F1 visa is strictly non-immigrant intent - you have to show that you are not planning to stay in US. <--- You will have issues proving this.
I don't think that you will have any issues if you don't go for visa stamp and stay in US during the duration of your studies.
I don't think that you will have any issues if you don't go for visa stamp and stay in US during the duration of your studies.
bsrik77
08-01 01:09 AM
I got a response from my lawyer too and he said that there are no issues with this - she can change her job without a problem. Thanks everyone for the responses.
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jayleno
11-25 11:58 AM
As far as I know since you have already been counted towards the cap once because of H1b approval for Company A(nonymous), you can get another non excempt H1b again in the next 6 years.
Dont you feel that you may be abusing the H1b by doing this? Anyways, like its always suggested, talk to an attorney.
I have a approved H1b from company A. Company A also shared a copy of approval. I was never counted under H1b cap before this approval. If I now decide not to join company A and assuming company A will not cancel H1b, can I use this H1b to join another company B later using H1b transfer…???? I am presently on cap except H1b and need a cap subject H1b in order to move to any private firm. So approval from company A matters a lot to me.
Has anyone done this…????
Thanks in advance...
Dont you feel that you may be abusing the H1b by doing this? Anyways, like its always suggested, talk to an attorney.
I have a approved H1b from company A. Company A also shared a copy of approval. I was never counted under H1b cap before this approval. If I now decide not to join company A and assuming company A will not cancel H1b, can I use this H1b to join another company B later using H1b transfer…???? I am presently on cap except H1b and need a cap subject H1b in order to move to any private firm. So approval from company A matters a lot to me.
Has anyone done this…????
Thanks in advance...
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tranquilram
02-22 12:24 PM
I'm in a similar boat......
You can file after April 10 (six months to October 10), correct?
Are you planning to get your visa stamped while your are in India? The earliest date to appear for visa stamping is 90 days before the visa start date. I dont know if this rule is very strict or applicable in this case.
You can file after April 10 (six months to October 10), correct?
Are you planning to get your visa stamped while your are in India? The earliest date to appear for visa stamping is 90 days before the visa start date. I dont know if this rule is very strict or applicable in this case.
newuser
10-09 10:47 AM
I recently sponsored for my uncle and his wife and had no problems. Just send the sponsor docs with I-134, letter to consulate etc. Uncle had to provide info on his ties back in India.
My last name was not same as uncle's ( guess that is what your doubt is) and that was not an issue at all.
Thanks a lot gcbackup. This is what I was looking for.
My last name was not same as uncle's ( guess that is what your doubt is) and that was not an issue at all.
Thanks a lot gcbackup. This is what I was looking for.
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sri1234
01-30 11:50 AM
~bump~
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IVFOREVER
02-14 09:49 AM
Tecnically you dont have any visa number available now.since you are transfering your priority date to eb2.until they make decission on your I-140 they will not process your 485.This is my opinion only.Talk to good lawyer take the second opnion onthis before you are out of time.never know what april 08 bulletin has in store for eb3.
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logiclife
06-22 12:18 PM
Did anyone (or spouse) applied for Social Security No. who were using ITIN before, for tax purposes. I have applied for 485 and EAD and plan to apply for my wife's Social Security once I get the EAD. Are there any tax filing implications? How to switch to this new number and still be able to e-file next year (assuming I get EAD this year)?
You are worrying about something too early.
Anyways, next year, you need to write your wife's SSN instead of ITIN in the field on 1040 form where it says "SSN". Usually, in absence of SSN we mention ITIN. but after you get SSN, use SSN.
As far as tax implications, there wont be any tax implication if she gets SSN but does not work. If she does not work then it doesnt really matter whether she has SSN or ITIN, you will be able to file as "Married filing jointly" status (where the tax is the least).
If she does work, you will still be able to file as "Married filing jointly" status but ofcourse, her income would be taxable and you will have to include her income from her W2s also.
Anyways, you have a lot to worry about things before April 2008.
You are worrying about something too early.
Anyways, next year, you need to write your wife's SSN instead of ITIN in the field on 1040 form where it says "SSN". Usually, in absence of SSN we mention ITIN. but after you get SSN, use SSN.
As far as tax implications, there wont be any tax implication if she gets SSN but does not work. If she does not work then it doesnt really matter whether she has SSN or ITIN, you will be able to file as "Married filing jointly" status (where the tax is the least).
If she does work, you will still be able to file as "Married filing jointly" status but ofcourse, her income would be taxable and you will have to include her income from her W2s also.
Anyways, you have a lot to worry about things before April 2008.
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Blog Feeds
06-24 04:30 PM
http://www.californiaimmigrationlawyerblog.com/tatoo.jpg
Yesterday I went to a training for immigration attorneys in Sacramento, California. The jurisdiction of the USCIS field office in Sacramento (https://egov.uscis.gov/crisgwi/go?action=offices.detail&office=SAC&OfficeLocator.office_type=LO&OfficeLocator.statecode=CA) includes the cities of Vallejo and Benicia so I thought it might be useful to hear about any new local procedures. While I did not learn anything new about what is happening at Sacramento USCIS, I did learn about new procedures being applied to applicants applying for visas abroad.
It seems that applicants who have tattoos are being screened more carefully at their medical appointments. The belief is that an individual with a tatoo may be involved in gang activity which furthermore may lead to that individual engaging in substance abuse. In a published article included in conference materials at the American Immigration Lawyers Association�s (�AILA (http://www.aila.org/)�) annual conference, immigration lawyers Fernando Rojas and Magda Montiel Davis, explain what is happening:
Panel physicians are asking applicants about the meaning of their tattoos and the medical personnel conducting the exam will take notes describing the tattoo. This interrogation could lead to further questions about the applicant�s possible gang affiliation and criminal history. Applicants with tattoos are also being questioned by the panel physician regarding their substance abuse history. Apparently, panel physicians are making the assumption that applicants with tattoos are more likely to do or abuse drugs. If the beneficiary admits to any drug use, Consulates will use this information against the applicant in order to deny the visa by making a substance abuse finding against them.A finding of substance abuse is serious because an applicant who is a drug user or abuser may be denied admission to the United States pursuant to Immigration and Nationality Act Section 212(a)(1)(A)(iv) (http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=9b60c646835045a30ceca097f0ca1 ba3). I would counsel anyone carefully who has a tattoo to be very honest about what the tattoo means. An applicant should be prepared to answer in- depth questions about something that may have been inconsequential to them. In my opinion, it would not be a bad idea to have the tattoo removed if possible. Of course the fact that a person has a tattoo does not mean that he or she is a substance abuser. It is scary that examiners are making that assumption, but I do not expect this scrutiny to go away. The best practice is to be aware that this questioning is taking place and to be prepared.
More... (http://www.californiaimmigrationlawyerblog.com/2009/06/it_only_takes_a_tatoo.html)
Yesterday I went to a training for immigration attorneys in Sacramento, California. The jurisdiction of the USCIS field office in Sacramento (https://egov.uscis.gov/crisgwi/go?action=offices.detail&office=SAC&OfficeLocator.office_type=LO&OfficeLocator.statecode=CA) includes the cities of Vallejo and Benicia so I thought it might be useful to hear about any new local procedures. While I did not learn anything new about what is happening at Sacramento USCIS, I did learn about new procedures being applied to applicants applying for visas abroad.
It seems that applicants who have tattoos are being screened more carefully at their medical appointments. The belief is that an individual with a tatoo may be involved in gang activity which furthermore may lead to that individual engaging in substance abuse. In a published article included in conference materials at the American Immigration Lawyers Association�s (�AILA (http://www.aila.org/)�) annual conference, immigration lawyers Fernando Rojas and Magda Montiel Davis, explain what is happening:
Panel physicians are asking applicants about the meaning of their tattoos and the medical personnel conducting the exam will take notes describing the tattoo. This interrogation could lead to further questions about the applicant�s possible gang affiliation and criminal history. Applicants with tattoos are also being questioned by the panel physician regarding their substance abuse history. Apparently, panel physicians are making the assumption that applicants with tattoos are more likely to do or abuse drugs. If the beneficiary admits to any drug use, Consulates will use this information against the applicant in order to deny the visa by making a substance abuse finding against them.A finding of substance abuse is serious because an applicant who is a drug user or abuser may be denied admission to the United States pursuant to Immigration and Nationality Act Section 212(a)(1)(A)(iv) (http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=9b60c646835045a30ceca097f0ca1 ba3). I would counsel anyone carefully who has a tattoo to be very honest about what the tattoo means. An applicant should be prepared to answer in- depth questions about something that may have been inconsequential to them. In my opinion, it would not be a bad idea to have the tattoo removed if possible. Of course the fact that a person has a tattoo does not mean that he or she is a substance abuser. It is scary that examiners are making that assumption, but I do not expect this scrutiny to go away. The best practice is to be aware that this questioning is taking place and to be prepared.
More... (http://www.californiaimmigrationlawyerblog.com/2009/06/it_only_takes_a_tatoo.html)
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fxok425
01-09 10:07 PM
I was H1B, but used AP return to the U.S. the same company, but when I filed the new I-9 form after return, the company lawyer asked me to write EAD and EAD expiration date, so I guess I am AOS now? or not? I am not sure. My company will resume my H1B this month, but don't know when it will be completed.
Now I am going to e-file EAD renew.There are some questions in the form I-765 that I am not sure how to answer (The lawyer has completed his 140 and 485 document, so he doesn't want to answer now.):
1, Manner of Last Entry into the U.S.: Should I choose PAR (PAROLEE) or H1B (SPECIALITY OCCUPATION)?
2, Status: Should I choose PAR (PAROLEE) or H1B(SPECIALITY OCCUPATION)?
3, Please select your eligibility status : Should I choose (a) (4) PAROLEE or (c) (9) FILED I-485?
Thanks!
Now I am going to e-file EAD renew.There are some questions in the form I-765 that I am not sure how to answer (The lawyer has completed his 140 and 485 document, so he doesn't want to answer now.):
1, Manner of Last Entry into the U.S.: Should I choose PAR (PAROLEE) or H1B (SPECIALITY OCCUPATION)?
2, Status: Should I choose PAR (PAROLEE) or H1B(SPECIALITY OCCUPATION)?
3, Please select your eligibility status : Should I choose (a) (4) PAROLEE or (c) (9) FILED I-485?
Thanks!
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vik352
03-20 12:40 PM
Hi,
I have a master's degree from a top US university but my current employer applied my GC in the EB3 category. I am planning to move to a different company which is willing to apply in the EB2 category. I have an approved 1-140 with the current employer and my I-485 was sent in July/August. Here are the steps I think I should take after moving to the new company:
1) After I move to the new company, I can send AC-21 and continue my GC in the Eb3 category.
2) File a new LC. Send new I-140 in EB2 asking them to use the old PD from the approved EB3 category.
My question is
1) Will I run into any issues for my EB3 because the new I-140 is in EB2? I dont want to jeopardise my EB3 application.
2) Should I not send AC21 if I am planning to switch to EB2 category. My current employer does not revoke I140 even after I move to the new company (anyway, I am doing this after 180 days of I-485).
Any input is appreciated.
I have a master's degree from a top US university but my current employer applied my GC in the EB3 category. I am planning to move to a different company which is willing to apply in the EB2 category. I have an approved 1-140 with the current employer and my I-485 was sent in July/August. Here are the steps I think I should take after moving to the new company:
1) After I move to the new company, I can send AC-21 and continue my GC in the Eb3 category.
2) File a new LC. Send new I-140 in EB2 asking them to use the old PD from the approved EB3 category.
My question is
1) Will I run into any issues for my EB3 because the new I-140 is in EB2? I dont want to jeopardise my EB3 application.
2) Should I not send AC21 if I am planning to switch to EB2 category. My current employer does not revoke I140 even after I move to the new company (anyway, I am doing this after 180 days of I-485).
Any input is appreciated.
more...
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getgreensoon1
04-26 11:46 AM
Hi,
I am wondering if anybody had done this before: I want to work part time (20 hrs/week) for 6 months( and no other job). I am on H1 but I also have EAD. So I am wondering if there are any implications to this such as I need to amend my H1b , because of some obscure law my GC process will be affected. Any input is appreciated.
Thanks in advance
I had a friend in the same situation. Had H1 and EAD. He worked halftime for two years to finish his MBA. Now went back to fulltime H1. I think your company has to approve it and yes he filed ammendment.
I am wondering if anybody had done this before: I want to work part time (20 hrs/week) for 6 months( and no other job). I am on H1 but I also have EAD. So I am wondering if there are any implications to this such as I need to amend my H1b , because of some obscure law my GC process will be affected. Any input is appreciated.
Thanks in advance
I had a friend in the same situation. Had H1 and EAD. He worked halftime for two years to finish his MBA. Now went back to fulltime H1. I think your company has to approve it and yes he filed ammendment.
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Devils_Advocate
04-08 11:46 AM
Reliable information from my friend's lawyer says that the cap for this year is NOT reached in the 1st one week. I think this means all applications filed in first week will be processed.
Congratulations to all those who applied and hope their cases get approved
There was really no way it would have gone into a lottery this year, infact the interesting thing is for how long the filing will last this year.
Congratulations to all those who applied and hope their cases get approved
There was really no way it would have gone into a lottery this year, infact the interesting thing is for how long the filing will last this year.
more...
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itsjoe
07-20 12:21 PM
Hi All,
First off, thank you for taking the time read this.
Now I did see a lot of discussions around this topic but could not get a real answer to my situation, Can someone please help me understand this better.
Currently working for the same employer who started my GC process, Labour applied and approved in Sep 06, I-40 approved in 2007, 485 pending. I'm with the employer for 6 years now. I have a masters degree (MCA) but the job does not require a masters when I joined. I have my bachelors (both 3yr degrees from India). I have close to 10 years of professional experience.
Do I qualify for the port, assuming my job does not require masters degree. Thank you all in advance.
First off, thank you for taking the time read this.
Now I did see a lot of discussions around this topic but could not get a real answer to my situation, Can someone please help me understand this better.
Currently working for the same employer who started my GC process, Labour applied and approved in Sep 06, I-40 approved in 2007, 485 pending. I'm with the employer for 6 years now. I have a masters degree (MCA) but the job does not require a masters when I joined. I have my bachelors (both 3yr degrees from India). I have close to 10 years of professional experience.
Do I qualify for the port, assuming my job does not require masters degree. Thank you all in advance.
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microbe
February 17th, 2004, 11:35 PM
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milind70
10-02 04:37 PM
Do you need to apply for SSN after getting GC? i was thinking that everyone who is working already has SSN... Do you have to get new one? that does not seem right??? please advise
Raj,
You dont get a new SSN. You just remove the restrictions that is on your previous card.When u become a LPR you should get a replacement card without any restrictions.If you read my post i mentioned SSN card replacement. I am sorry it might have mislead you otherwise.
Raj,
You dont get a new SSN. You just remove the restrictions that is on your previous card.When u become a LPR you should get a replacement card without any restrictions.If you read my post i mentioned SSN card replacement. I am sorry it might have mislead you otherwise.
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Sooner2
04-10 12:09 PM
Yes, if it's the same company - I think your employer just needs to file an amendment. I would suggest you consult with your employer's lawyer to see if an amended petition is even required in your case.
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krishnam70
08-14 04:55 PM
This seems to be an area where a qualified attorney might be able to give you more information on how to proceed. You may want to try other forums too to get some kind of advise.
good luck
good luck
sukhyani
10-04 12:55 PM
^^^^^bump^^^^^^
canmt
11-14 08:50 AM
EB2 India Priority Date: 06/2003
I140 Approval Date: 01/2007
I485 Receipt Date: 02/2007
FP Notice: 02/2007
EAD Approval: 03/2007
AP Approval: 03/2007
AC21 & G28 Revoked: 10/2007
I485 RFE on AC21: 10/2007
I485 RFE Replied Date: 10/2007 (Self)
1485 Card Production Ordered (No Email): 11/2007
1485 Approval Notice Sent (With Email): 11/2007
Soft LUD: 11/2007
Card Received: 11/2007
Welcome Letter Received (No Email or Status Update): 11/2007
I140 Approval Date: 01/2007
I485 Receipt Date: 02/2007
FP Notice: 02/2007
EAD Approval: 03/2007
AP Approval: 03/2007
AC21 & G28 Revoked: 10/2007
I485 RFE on AC21: 10/2007
I485 RFE Replied Date: 10/2007 (Self)
1485 Card Production Ordered (No Email): 11/2007
1485 Approval Notice Sent (With Email): 11/2007
Soft LUD: 11/2007
Card Received: 11/2007
Welcome Letter Received (No Email or Status Update): 11/2007
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