Munna Bhai
07-12 09:48 AM
Yes, you can. You can switch to H4 and back to H1 without worrying about the Cap limitation. The only point that is little hazy is how long can you stay on a H4 before you can get back to H1 without the cap limitation kicking in. As the H1 is given in 3 year installments, would you have to get back to your H1 before that 3 year period ends, if in the middle of that period you had switched to H4?
Say, you had obtained your H1 in Jan 2007 and is good until Jan 2010 (3 years allotment), and you switched to H4 in Dec 2007 using up 1 year of your H1. I think that you can switch back to H1 without the cap limitation ONLY until Jan 2010 and your new papers will give you another 3 years of the remaining 5 years of your H1.
Let me know what you find. Good luck.
One person just told me that, I can switch to H4 but I will be subjected to Cap since my spouse is in H1b non-profit.
Currently my H1b extension is based on i-140 approval(3 years), will same rule apply to my case.
Say, you had obtained your H1 in Jan 2007 and is good until Jan 2010 (3 years allotment), and you switched to H4 in Dec 2007 using up 1 year of your H1. I think that you can switch back to H1 without the cap limitation ONLY until Jan 2010 and your new papers will give you another 3 years of the remaining 5 years of your H1.
Let me know what you find. Good luck.
One person just told me that, I can switch to H4 but I will be subjected to Cap since my spouse is in H1b non-profit.
Currently my H1b extension is based on i-140 approval(3 years), will same rule apply to my case.
pressman
January 5th, 2005, 04:55 AM
Rob - this is superb street journalism - the selective colouring adds to the impact. Nice job.
Pete
Pete
zCool
03-20 04:20 PM
Yes,
Employer can revoke 140 anytime till 485 is approved.
If you are past 180 days after application of 485 then that would not make your 485 invalid. that is the crux of AC21 portability.
Employer can revoke 140 anytime till 485 is approved.
If you are past 180 days after application of 485 then that would not make your 485 invalid. that is the crux of AC21 portability.
cris
08-30 09:28 AM
Immigration gurus, need your advice ASAP
my current H1B visa expires 03/07 . If I can fill for extension and while petion is pending with USCIS for processing can I travel outside USA ?
I asked lawyer to apply for extension first week of september . I have I140 approved and he will request 3 years increment .
my job requires traveling outside USA and I'm wonder if I can travel back and forth until petition is approved .
I know that after approval I need to get visa stamp .
Your quick inputs will be highly appreciated
thank you in advance
my current H1B visa expires 03/07 . If I can fill for extension and while petion is pending with USCIS for processing can I travel outside USA ?
I asked lawyer to apply for extension first week of september . I have I140 approved and he will request 3 years increment .
my job requires traveling outside USA and I'm wonder if I can travel back and forth until petition is approved .
I know that after approval I need to get visa stamp .
Your quick inputs will be highly appreciated
thank you in advance
more...
fromnaija
07-18 06:41 PM
I am in the same situation. I have read through the 485 Adjudicator's Manual and would infer that if you are working for the petitioning employer, the employment letter may be RFE. I am still searching for more information on this issue and will post if I find anything.
Hi Gurus,
I filed my 485 application on July 2nd. But my employer/lawyer did not attach the employment verification letter in the package. Is USCIS going to reject my application because of that or they will send an RFE. Please advise..
Hi Gurus,
I filed my 485 application on July 2nd. But my employer/lawyer did not attach the employment verification letter in the package. Is USCIS going to reject my application because of that or they will send an RFE. Please advise..
BharatPremi
04-16 04:34 PM
What is an "MTR"?
more...
ags123
07-26 12:40 PM
spoke to the lawyer and they said they have experience last month of filing a I485 similar to mine at Nebraska and had no issues.
So I guess I will have to trust them and see. She also mentioned 2 yrs is the time for follow to join not 180 days.
Fingers crossed
So I guess I will have to trust them and see. She also mentioned 2 yrs is the time for follow to join not 180 days.
Fingers crossed
GC_1000Watt
07-28 05:42 PM
So, I was talking to one of the attorneys and he mentioned that one should contest the denial within 30 days and as long as it is approved, we don't have any problem. But, if the MTR is rejected, then all the days that have been accumulated after the denial will be in illegal status.
What is the probability of cases of MTR getting approved after the relevant documents have been published?
For the client letter denial reason, did anybody furnish further documents?
Appreciate your inputs
I was in same situation last year and as suggested by a very good lawyer, instead of filing MTR, me and my company re-applied under premium processing. I got the extension with I-94 within 10 days after I re-applied.
MTR is time cosuming and all the time you will be worried about it. Also if MTR gets denied for any reason then you are putting yourself in big trouble.
I would suggest you to reapply with solid paperwork under premium processing. Don't forget to ask your lawyer to include a cover letter telling USCIS about the earlier denial and why they should reconsider the case based on the attached documents.
That worked for me like a dream and hope it works for you as well.
Good luck friend!
What is the probability of cases of MTR getting approved after the relevant documents have been published?
For the client letter denial reason, did anybody furnish further documents?
Appreciate your inputs
I was in same situation last year and as suggested by a very good lawyer, instead of filing MTR, me and my company re-applied under premium processing. I got the extension with I-94 within 10 days after I re-applied.
MTR is time cosuming and all the time you will be worried about it. Also if MTR gets denied for any reason then you are putting yourself in big trouble.
I would suggest you to reapply with solid paperwork under premium processing. Don't forget to ask your lawyer to include a cover letter telling USCIS about the earlier denial and why they should reconsider the case based on the attached documents.
That worked for me like a dream and hope it works for you as well.
Good luck friend!
more...
ita
01-15 07:13 PM
So If we find a job where they are willing to do H1 then will it be like getting the H1 for first time? ...like part of the yearly quota where H1 starts from October or will it be like just file for H1 and start working with the receipt in hand.
Also is there is difference between new H1 b and transferring H1B , from the perspective of the company(that's willing to do H1) . I mean , will the companies hesitate if they have to file for new H1 as against when they have to file for transfer ?
Thank you.
Once you switch jobs using AC 21, you are no longer on H1-B (even though you still have H1-b date that has not expired).
Your next H1-B will be considered a new H1-B and not a transfer.
You will be able to use remaining H1-B time. There is no difference whether the employer revokes or not revoke your H1 as you are no longer on H1-B.
Also is there is difference between new H1 b and transferring H1B , from the perspective of the company(that's willing to do H1) . I mean , will the companies hesitate if they have to file for new H1 as against when they have to file for transfer ?
Thank you.
Once you switch jobs using AC 21, you are no longer on H1-B (even though you still have H1-b date that has not expired).
Your next H1-B will be considered a new H1-B and not a transfer.
You will be able to use remaining H1-B time. There is no difference whether the employer revokes or not revoke your H1 as you are no longer on H1-B.
mpadapa
08-09 02:30 PM
bump
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conchshell
05-04 03:05 PM
Its a good idea to gather support letters from employer. However, I have doubt that American corporations will openly support us. Two reasons:
1. No corporation would like to get the ire of local population, which does not even understand the difference between legal vs illegal immigration.
2. The longer legal immigrants get stuck in the limbo ... the better for the employers. That's why corporations always ask for more H1B visas, but almost never voice for faster green card processing.
My 2 cents.
1. No corporation would like to get the ire of local population, which does not even understand the difference between legal vs illegal immigration.
2. The longer legal immigrants get stuck in the limbo ... the better for the employers. That's why corporations always ask for more H1B visas, but almost never voice for faster green card processing.
My 2 cents.
bkn96
02-18 01:33 PM
Hello bkn96! congratulations!
so, i am interested to know more about your self-employment status. so you saying that you actually worked for your own company when the 485 was adjudicated? so, they did not ask you any questions about that? no rfe? no raised eyebrows? that is cool! how was it? please share!
That is possible. It is like working with any other company. This not exactly self-employment, we (myself +my wife) have created own corporation with my wife has president and me as employee (Both of us have EAD). So then start working for that company. No need to inform USCIS, it is like working with any other company. Again i am still working in same or simlar job description per Labor/I140. It is verymuch legal and we are paying taxes too!!! .
so, i am interested to know more about your self-employment status. so you saying that you actually worked for your own company when the 485 was adjudicated? so, they did not ask you any questions about that? no rfe? no raised eyebrows? that is cool! how was it? please share!
That is possible. It is like working with any other company. This not exactly self-employment, we (myself +my wife) have created own corporation with my wife has president and me as employee (Both of us have EAD). So then start working for that company. No need to inform USCIS, it is like working with any other company. Again i am still working in same or simlar job description per Labor/I140. It is verymuch legal and we are paying taxes too!!! .
more...
waitin_toolong
08-14 06:11 AM
Thanks Jayant,
I will call USCIS with my receipt number to find out my wife's. I will post what they have to say.
Regards
Raj
if you sent separate checks then the checks cashed will give you a clue and receipt numbers. If a common check then if that was cashed (must have been you got the receipts) then hers would have been accepted as well otherwise all filings would have been rejected.
You get Receipts for each applicant/application in separate envelops.
I will call USCIS with my receipt number to find out my wife's. I will post what they have to say.
Regards
Raj
if you sent separate checks then the checks cashed will give you a clue and receipt numbers. If a common check then if that was cashed (must have been you got the receipts) then hers would have been accepted as well otherwise all filings would have been rejected.
You get Receipts for each applicant/application in separate envelops.
davidk
02-16 08:39 AM
Hi Everyone,
I will be laid off from an american company by the end of Feb 2009. I spoke to my previous desi employee as my H1b with his company is still valid and he din't revoked it until now
But he agrees to let me join his company but at the same time he worried about few things
Q1) I was with him for 6 months of 2008 and moved to an American Company so the total pay in the W2 for year 2008 is less than LCA amount.
Would that be a problem as i din't work with him for an entire year in which case it is bound to be less than LCA amount..
Mind you i'm looking at the Yearly wage if you look at month wise it is much higher than mentioned in LCA.
Would that be of any problem to both me and employeer.
Q2) He also said that when somebody re hires any one , the employeer is liable to pay back wages for the period of time he was out.
It sounds illogical atleast to me because he didn't terminate me from the job it was me who quit the job and transferred my H1b on a good note , but there is no official document saying i quit the job or he terminated me ....
I would appreciate if some could throw some light on this ....
My future is relied on these issues
Thanks
David
I will be laid off from an american company by the end of Feb 2009. I spoke to my previous desi employee as my H1b with his company is still valid and he din't revoked it until now
But he agrees to let me join his company but at the same time he worried about few things
Q1) I was with him for 6 months of 2008 and moved to an American Company so the total pay in the W2 for year 2008 is less than LCA amount.
Would that be a problem as i din't work with him for an entire year in which case it is bound to be less than LCA amount..
Mind you i'm looking at the Yearly wage if you look at month wise it is much higher than mentioned in LCA.
Would that be of any problem to both me and employeer.
Q2) He also said that when somebody re hires any one , the employeer is liable to pay back wages for the period of time he was out.
It sounds illogical atleast to me because he didn't terminate me from the job it was me who quit the job and transferred my H1b on a good note , but there is no official document saying i quit the job or he terminated me ....
I would appreciate if some could throw some light on this ....
My future is relied on these issues
Thanks
David
more...
msp1976
05-27 01:40 PM
Problem with the poll is that only people with not current PD come here, people with current PD do not come here any longer...
sys_manus
01-28 09:46 AM
I can understand the amount of anxiety and stress you must be undergoing... Especially with EB3 future in near term looking bleak. I sometimes feel its is kind of very unfair for people in EB3 boat. Try EB3 -> EB2
As they taught in survival school.. improvise.. improvise with what ever you have. Instead of looking at VB and feeling dismayed start looking around you.. tools you have the means you have.
When it happens it happens... do whatever you can do and leave the rest to take its course. Don't worry about things you don't have control on.
Life goes on...
PS: Ignore any smartA replies... they just aggravate you sense of feeling bad.
I am an optimist. A hopeful person. I like to and want to see the positive side of things. However, the current political climate and economic state of the nation makes me skeptical.
Much has been said and (not) done so far about immigration reform. The murphy's law half of my brain is starting to get queasy. I've been in this mess for 6 years now and dread the doomsday scenario that immigration reform doesn't go through this year. If it does not, I think we're all completely effed up for the next 3-4 years, at least until after the next elections. I hope to be wrong on this, by a long shot.
My question to some of you is - what will you do if skilled reform doesn't happen this year?
My career has been stagnating, rotting away almost. I've been working on a startup idea in my spare time for a while now. Of course, these sort of ventures need time and full-time effort to take-off. I have often entertained the thought of leaving my job, returning back to India, or finding some way, by hook or crook, of doing my own thing, and reviving my career. Having lived here, first as a grad student, and now as a wage slave, for the past 9 years, returning is not an easy option. If reform does not happen, I don't see anything but darkness for a pretty long time.
What will you do?
As they taught in survival school.. improvise.. improvise with what ever you have. Instead of looking at VB and feeling dismayed start looking around you.. tools you have the means you have.
When it happens it happens... do whatever you can do and leave the rest to take its course. Don't worry about things you don't have control on.
Life goes on...
PS: Ignore any smartA replies... they just aggravate you sense of feeling bad.
I am an optimist. A hopeful person. I like to and want to see the positive side of things. However, the current political climate and economic state of the nation makes me skeptical.
Much has been said and (not) done so far about immigration reform. The murphy's law half of my brain is starting to get queasy. I've been in this mess for 6 years now and dread the doomsday scenario that immigration reform doesn't go through this year. If it does not, I think we're all completely effed up for the next 3-4 years, at least until after the next elections. I hope to be wrong on this, by a long shot.
My question to some of you is - what will you do if skilled reform doesn't happen this year?
My career has been stagnating, rotting away almost. I've been working on a startup idea in my spare time for a while now. Of course, these sort of ventures need time and full-time effort to take-off. I have often entertained the thought of leaving my job, returning back to India, or finding some way, by hook or crook, of doing my own thing, and reviving my career. Having lived here, first as a grad student, and now as a wage slave, for the past 9 years, returning is not an easy option. If reform does not happen, I don't see anything but darkness for a pretty long time.
What will you do?
more...
amitjoey
05-31 04:27 PM
100.00 - Google Order #601837695595056
also post in the funding drive.
also post in the funding drive.
crystal
04-11 02:56 PM
When I look at any member public profile , I dont see Labor prority date and Category (Eb2/eb3). This is I guess because Labor priority date and category fields are not in addition information part of the profile. We need to move those fields into additional information part .
smuggymba
10-20 05:49 PM
you said u file ITIN for tax needs - why did u apply for job dude. ITIN doesn't get u a job. H4 can't work in USA...as simple as that. Hire a good lawyer and tax consultant.
Hello! I'm on H1B, and my spouse is on H4. We received an ITIN for my spouse for our taxpaying needs. My spouse managed to get employed using the ITIN. We filed a joint tax return this year. We received a letter from SS administration saying "We cannot put these earnings on your Social Security record until the name and SSN reported agree with our records." My lawyer says: "your spouse is now barred from GC, because when she's worked for more than X amount of days she became OOS."
When the time will come for my employer to process my GC, what consequences will my spouse's unauthorised employment have on Her ability to receive a Greencard? What are the ways to rectify the situation? Appeals? Special provisions/clauses? Cost?
Thank you,
Hello! I'm on H1B, and my spouse is on H4. We received an ITIN for my spouse for our taxpaying needs. My spouse managed to get employed using the ITIN. We filed a joint tax return this year. We received a letter from SS administration saying "We cannot put these earnings on your Social Security record until the name and SSN reported agree with our records." My lawyer says: "your spouse is now barred from GC, because when she's worked for more than X amount of days she became OOS."
When the time will come for my employer to process my GC, what consequences will my spouse's unauthorised employment have on Her ability to receive a Greencard? What are the ways to rectify the situation? Appeals? Special provisions/clauses? Cost?
Thank you,
LOL123
02-13 03:41 PM
Folks,
Need a little advice. We (my husband and I) filed our 485 on July 2 under EB-3and have received AP, EAD, FP etc. Our PD date (July 7, 2001) got current in the March bulletin:). I wanted to check if there is way to find out if our cases have been adjudicated and are ready for approval as and when a visa # is allocated in March.
Thanks
Need a little advice. We (my husband and I) filed our 485 on July 2 under EB-3and have received AP, EAD, FP etc. Our PD date (July 7, 2001) got current in the March bulletin:). I wanted to check if there is way to find out if our cases have been adjudicated and are ready for approval as and when a visa # is allocated in March.
Thanks
gparr
April 3rd, 2005, 05:00 PM
I'll take a run at it. Just opened the shadows and added a touch of saturation, mainly to put more punch in the sky so it will stand up to the heavy, cold mountains. I like the shot but can appreciate it's not what you saw. In a shot such as this, I would have tried either using a graduated ND filter so you could give more exposure to the rocks, or shoot two frames, one exposed for the sky and one for the rocks, then sandwich them together. Did you get other shots later during the sunrise, where there is some light on the rocks?
Gary
Gary
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