mrdelhiite
10-19 01:38 PM
H1, H4 (spouse) and H4 (kid) living happily.
File 485 and gets EAD/AP.
H1 doesn't use EAD.
H4 uses EAD and hence looses H4 status.
I-485 is denied.
Now, my understanding is that spouse has to go out of country and come back again on H4.
What about the kid?
When does the kid loose his/her H4 status? (When both mother and father use EAD)?
As long as primary stays in H status any derivative who does not change his H4 status will stay in H4 status. the only way a H4 can loose H4 status if he/she uses EAD. In your case if i have understood it correctly ur Kid will never use EAD and if you never used EAD ur H1 status is active thus ur kids H4 is active .. also i think ur wife can change her status back to H4 but would require her to file some paperwork .. she might need to geta visa stamp when she tries to re-enter into us..
-M
File 485 and gets EAD/AP.
H1 doesn't use EAD.
H4 uses EAD and hence looses H4 status.
I-485 is denied.
Now, my understanding is that spouse has to go out of country and come back again on H4.
What about the kid?
When does the kid loose his/her H4 status? (When both mother and father use EAD)?
As long as primary stays in H status any derivative who does not change his H4 status will stay in H4 status. the only way a H4 can loose H4 status if he/she uses EAD. In your case if i have understood it correctly ur Kid will never use EAD and if you never used EAD ur H1 status is active thus ur kids H4 is active .. also i think ur wife can change her status back to H4 but would require her to file some paperwork .. she might need to geta visa stamp when she tries to re-enter into us..
-M
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ArunAntonio
09-18 10:55 AM
thanks for the updates, keep em coming... may be a little longer and clearer this time ;)
Mallika
06-27 05:39 AM
Dear Experts,
My I-140 was filed under "Premium processing" and I have received approval last week. I am currently out of US since May and want to go back. I do have a valid H1-B visa till Sept '10. But, my lawyers have asked me not to go back till my H1 three year extension is approved. This is where I am confused and have the following questions:
1. Why do I need to wait for the H1 approval to come through? Can't I go back now since I do have a valid visa on my passport?
2. For extension filing, don't I have to be physically present in US?
I need to go back asap because working from outside the country is not working out that well for me now since past two months. So, any pointers in this regard will be greatly appreciated!
Thank you!
Mallika
My I-140 was filed under "Premium processing" and I have received approval last week. I am currently out of US since May and want to go back. I do have a valid H1-B visa till Sept '10. But, my lawyers have asked me not to go back till my H1 three year extension is approved. This is where I am confused and have the following questions:
1. Why do I need to wait for the H1 approval to come through? Can't I go back now since I do have a valid visa on my passport?
2. For extension filing, don't I have to be physically present in US?
I need to go back asap because working from outside the country is not working out that well for me now since past two months. So, any pointers in this regard will be greatly appreciated!
Thank you!
Mallika
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justAnotherFile
03-21 01:04 PM
Looking at the responses from admins and core group on the Frist Bill threads it appears that the strategy for IV is to
(i) Send mass faxes to senators to establish IV as a significant org
(ii) Use the above leverage and QGA contacts to try and include additional favourable clauses in the bill while still supporting the bill as is.
The 2 main broad clauses that everyone seems to have consensus on is
(A) Re-instatement of AC-21 (paragraph 5) in full so that oversubscribed countries are eligible to use left-over visas from the rest of the world.
(B) Ability to file I-485 while the visa number is retrogressed.
This thread is to discuss alternatives for these 2 main clauses so that various options can be discussed with Senators if they are not willing to put these clauses as is:
For example:
(A) AC-21 clause alternatives
1. Put in the clause for a limited time period like 5 years, this will relieve the curretn backlog as well as make sure that the immigration per country numbers are not skewed for ever.
2. Increase the per-country limits to 25% so it may be skewed but not that much
3. Increase the per-country to 25% for a limited period of time ( 5 years)
4. Have per country limit 10% on current year only. But for recapture from previous years do not impose per country limit.
(B) Filing I-485 when priority dates not curretn
1. allow for filing if I-140 approved and priority dates stilll not curretn
2. allow for filing of 6 months has passed since I-140 approved and priority dates curretn
3. USCIS favourite :-) allow filing if 45 days has passed since I-140 has been filed and priority dates not curretn.
Pleas pitch in with alternative ideas on these 2 main clauses.
(i) Send mass faxes to senators to establish IV as a significant org
(ii) Use the above leverage and QGA contacts to try and include additional favourable clauses in the bill while still supporting the bill as is.
The 2 main broad clauses that everyone seems to have consensus on is
(A) Re-instatement of AC-21 (paragraph 5) in full so that oversubscribed countries are eligible to use left-over visas from the rest of the world.
(B) Ability to file I-485 while the visa number is retrogressed.
This thread is to discuss alternatives for these 2 main clauses so that various options can be discussed with Senators if they are not willing to put these clauses as is:
For example:
(A) AC-21 clause alternatives
1. Put in the clause for a limited time period like 5 years, this will relieve the curretn backlog as well as make sure that the immigration per country numbers are not skewed for ever.
2. Increase the per-country limits to 25% so it may be skewed but not that much
3. Increase the per-country to 25% for a limited period of time ( 5 years)
4. Have per country limit 10% on current year only. But for recapture from previous years do not impose per country limit.
(B) Filing I-485 when priority dates not curretn
1. allow for filing if I-140 approved and priority dates stilll not curretn
2. allow for filing of 6 months has passed since I-140 approved and priority dates curretn
3. USCIS favourite :-) allow filing if 45 days has passed since I-140 has been filed and priority dates not curretn.
Pleas pitch in with alternative ideas on these 2 main clauses.
more...
sparklinks
02-05 10:55 AM
My friends mom had a issues, She was here 6 months and came back after 6 months . POE officer took her for inspection and called my friend and asked lot of question , gave the warning saying 'Visiting visa is for just visting not to stay in US'....
It's all depends on the officer & POE
It's all depends on the officer & POE
apahilaj
06-18 11:53 AM
Wondering if we need to Pay $80 towards Biometric Fee when Renewing I-131? paid the Biometric Fee last year when Applied for the First Time.
I did not pay any biometric fee for my AP renewal. My application is pending with TSC since May 30th.
I did not pay any biometric fee for my AP renewal. My application is pending with TSC since May 30th.
more...
wandmaker
09-15 03:52 PM
hello,
Processing Type: Regular Processing
Receipt Number: WAC081-465-XXXX
Received Date: APR,24 2008
Notice Number: N/A
RFE Date:
RFE Responded Date: sep 16 2008
Status: RFE responded and case resumed
iam going to wait since one year.but still its going to be delay.my employer didn't say anything. I was getting frustrated everytime I looked at it, same statment: "Case resumed"
what will i do?can i raise the service request?can i directly call to the uscis?
please suggest me...
AFAIK, If your H1 petition is an extension with the same employer and its 240 days past your I-94 expiry date, you should consider stop working. If your petition is H1 transfer, you can continue to work until the decision. As OP suggested, do the premium and get it over with. IMO, it is worth putting that 1k rather than living in anticipation. Good luck.
Processing Type: Regular Processing
Receipt Number: WAC081-465-XXXX
Received Date: APR,24 2008
Notice Number: N/A
RFE Date:
RFE Responded Date: sep 16 2008
Status: RFE responded and case resumed
iam going to wait since one year.but still its going to be delay.my employer didn't say anything. I was getting frustrated everytime I looked at it, same statment: "Case resumed"
what will i do?can i raise the service request?can i directly call to the uscis?
please suggest me...
AFAIK, If your H1 petition is an extension with the same employer and its 240 days past your I-94 expiry date, you should consider stop working. If your petition is H1 transfer, you can continue to work until the decision. As OP suggested, do the premium and get it over with. IMO, it is worth putting that 1k rather than living in anticipation. Good luck.
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wandmaker
10-23 01:39 AM
USCIS will send 2 FP notices for the same appointment date & time, If you have filed G28 for your I-485, one to your attorney and one to you.
more...
sircaustic
05-13 09:49 PM
If you have a receipt as proof that an extension application was filed on your behalf before expiration of your H1 then you have 240 days starting from the day your visa expires before you should get an extension. You will be out of status if your case is not resolved in the 240 days deadline. I cannot comment on the implications of missing out on a deadline for responding to the RFE.
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ramesh-u
05-20 08:00 PM
I got approved email within 2 weeks but still waiting for the actual forms.. Just write Expedite on the top of the cover. Again, it depends on the Immigration officer.
more...
lostinbeta
10-13 12:53 AM
Did you fix it?
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milind70
07-26 03:26 PM
Why do you need color visa copy?. Is it mandetory for AP? News for me.:confused:
It is not mandatory but there have been instances USCIS have requested colour copy of visa .
It is not mandatory but there have been instances USCIS have requested colour copy of visa .
more...
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NANO3
05-07 12:03 PM
thanks!! :jailbreak
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GoneSouth
07-27 11:02 AM
LAMP - Calgary. Also, some financial analysts are predicting that the $CDN will actually be worth *more* than the $US by the end of 2007.
more...
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no_more_anger
09-22 02:37 PM
Folks,
My wife needs an EAD to apply for medical residency in the US. We have our EAD application pending (receipt date Aug 27th). We know we will get our EAD eventually. But the problem is more complex.
For medical residency, programs call candidates for interviews in Nov/Dec. So they start offering interview slots in Sep/Oct timeframe. If you don't have an EAD card or EAD-approval notice, they will not even consider you. They don't care if you say that EAD will definitely come by Dec (or something like that).
We tried our local congressman, but even he said he couldn't do anything
until the 90-day processing time had passed. We tried the local INFOPASS office and submitted an expedite request, but that got denied.
So we are urgently looking for ways to get my wife's EAD ASAP. If we don't get the EAD in time, my wife will lose an year and in medical residency, every year you sit at home counts (against you).
Does anyone here have any ideas what we can do ! Note: This EAD is needed for *education* purposes and not for *gainful* employment.
My wife needs an EAD to apply for medical residency in the US. We have our EAD application pending (receipt date Aug 27th). We know we will get our EAD eventually. But the problem is more complex.
For medical residency, programs call candidates for interviews in Nov/Dec. So they start offering interview slots in Sep/Oct timeframe. If you don't have an EAD card or EAD-approval notice, they will not even consider you. They don't care if you say that EAD will definitely come by Dec (or something like that).
We tried our local congressman, but even he said he couldn't do anything
until the 90-day processing time had passed. We tried the local INFOPASS office and submitted an expedite request, but that got denied.
So we are urgently looking for ways to get my wife's EAD ASAP. If we don't get the EAD in time, my wife will lose an year and in medical residency, every year you sit at home counts (against you).
Does anyone here have any ideas what we can do ! Note: This EAD is needed for *education* purposes and not for *gainful* employment.
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kannan
11-17 04:51 PM
My I 94 was valid only till Feb 20 . I am worried now will it be a problem ?
more...
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HRPRO
01-24 03:59 PM
If the LCA was filed on 1/18, it should be approved by 1/25 (Now-a-days it takes a week). Have your attorneys expedite the process once they get it and file it before your last day. You should be good.
If you still have a good relationship with your current employer, try to extend your last day by a week (just as plan B)
If you still have a good relationship with your current employer, try to extend your last day by a week (just as plan B)
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seeniraj
04-28 09:53 PM
Could you please post the RFE details ?
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sivasankar_eppe
08-23 02:34 PM
Last year i filled AR-11 manually and mailed with 39 cents to USCIS . Even though My Approval papers went to old address and then went back to USCIS. Later on I called them and gave the new Address then only they sent again to New Address . I don't think USCIS will see our AR-11 forms .
I don't know abt online AR-11 Form , it came recently .
I don't know abt online AR-11 Form , it came recently .
nashim
07-10 01:41 PM
you need to check VFS site every day/hour, if you are lucky, you might get one if some one cancel any appointment
indio0617
01-30 12:22 PM
You need your employer's approval, without them you cannot change the attorney. If employer's says yes, then you can switch attorney.
Munna Bhai:
When you say "You need your employer's approval, without them you cannot change the attorney" Do you mean that they have to sign the new G28 forms ? Can you clarify ?
Thanks.
Munna Bhai:
When you say "You need your employer's approval, without them you cannot change the attorney" Do you mean that they have to sign the new G28 forms ? Can you clarify ?
Thanks.
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