Prashanthi
08-27 02:04 PM
Dear Attorney,
Is there any minimum length of time to be on H4 before applying to H1.
Thanks
No minimum length of time, but i would wait for 90 days just to make sure that the USCIS does not say that you had an intent to change to H-1 when you entered the country and therefore you should have entered on a H-1b. Very remote possibility for them to determine that your entry into the country was based on wrongful intent. I would wait for 60 to 90 days to overcome this problem.
Is there any minimum length of time to be on H4 before applying to H1.
Thanks
No minimum length of time, but i would wait for 90 days just to make sure that the USCIS does not say that you had an intent to change to H-1 when you entered the country and therefore you should have entered on a H-1b. Very remote possibility for them to determine that your entry into the country was based on wrongful intent. I would wait for 60 to 90 days to overcome this problem.
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kumarc123
08-26 10:19 AM
Some additional information. My wife's first semester will be Fall semester as H4 and spring as F1. She will graduate by the end of spring- i.e. May 2009.
Well most of the time classes you need are not offered in the summers, also as a International student you can take summer semester off, you legally have that right. Now don't pick classes in the summers, move it to the fall semester. Also
I checked with my counselor, if you are left with only once class, you can take it in the fall, all you would need to is, contact your counselor and let him take care of the paper work. in that cases you don't need to take 3 classes to maintain your F1status.
Good Luck
Well most of the time classes you need are not offered in the summers, also as a International student you can take summer semester off, you legally have that right. Now don't pick classes in the summers, move it to the fall semester. Also
I checked with my counselor, if you are left with only once class, you can take it in the fall, all you would need to is, contact your counselor and let him take care of the paper work. in that cases you don't need to take 3 classes to maintain your F1status.
Good Luck
GCcomesoon
10-11 07:19 PM
Hi
My case was filed on June 4th , 2007 & till now I haven't got my FP notice & no update on the EAD application.I have called USCIS few times.They said sometimes it can take up to 6 months after 485 filing
Thanks
Priority date - 05/2003
140 approved - 10/2006 from TSC
485,131,765 RD-6/04/2007 at TSC, notices received - 06/07/2007
CA, EB2
Wife's case returned due to some error,send it again & received on 06/17/2007 as per Fedex
Wife's case RD- 7/10/2007
LUD in my case - I131 - 7/10/07 approved
LUD in my case - 1131,485,765, - 7/11/07
EAD for spouse - approved
FP done for spouse
EAD, FP - ????????
LUD in spouse's case - I131-7/11/07, approved
My case was filed on June 4th , 2007 & till now I haven't got my FP notice & no update on the EAD application.I have called USCIS few times.They said sometimes it can take up to 6 months after 485 filing
Thanks
Priority date - 05/2003
140 approved - 10/2006 from TSC
485,131,765 RD-6/04/2007 at TSC, notices received - 06/07/2007
CA, EB2
Wife's case returned due to some error,send it again & received on 06/17/2007 as per Fedex
Wife's case RD- 7/10/2007
LUD in my case - I131 - 7/10/07 approved
LUD in my case - 1131,485,765, - 7/11/07
EAD for spouse - approved
FP done for spouse
EAD, FP - ????????
LUD in spouse's case - I131-7/11/07, approved
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WaitingUnlimited
10-12 03:34 PM
Anymore thoughts?
Thanks
WA
Thanks
WA
more...
st4rguitar
08-22 12:11 AM
No. Once it has expired, it has expired. The DOL implemented the 180 day rule in July 2007, and since then, all cases have been subjected to it. I have not heard of any exceptions to this rule.
Hello,
I am from India. My employer had applied for PERM EB2 labor while my old EB3 labor was still pending. My EB3 labor, with priority date of MAR 2005, was approved before July fiasco and I was able to apply for 485/EAD/AP/etc.
Last August (2007), my PERM labor was approved too; I had the chance to file a new I140 and request interfiling with my existing 485 application. But my lawyer suggested me not file a new I140 and we let the approved EB2 labor expire.
Now, I am having second thoughts, as I did then. Is there any way I can use the old expired labor (> 180 days after approval). I know I cannot use it directly to file I140, but are there any ancillary benefits of having an approved, albeit expired labor? I am thinking of either checking with my employer if they can file a new EB2 PERM labor if I qualify, or switching my jobs.
Thanks.
Hello,
I am from India. My employer had applied for PERM EB2 labor while my old EB3 labor was still pending. My EB3 labor, with priority date of MAR 2005, was approved before July fiasco and I was able to apply for 485/EAD/AP/etc.
Last August (2007), my PERM labor was approved too; I had the chance to file a new I140 and request interfiling with my existing 485 application. But my lawyer suggested me not file a new I140 and we let the approved EB2 labor expire.
Now, I am having second thoughts, as I did then. Is there any way I can use the old expired labor (> 180 days after approval). I know I cannot use it directly to file I140, but are there any ancillary benefits of having an approved, albeit expired labor? I am thinking of either checking with my employer if they can file a new EB2 PERM labor if I qualify, or switching my jobs.
Thanks.
like_watching_paint_dry
09-01 10:51 PM
First of all congratulations to all those who got their approval in the last couple months. Now comes the big dilemma for some of us. Did anyone tried to switch their jobs, or at least, ditch their current employer? Did anyone switched their employer immediately after the green card approval? I am sailing in this boat. I want to switch my employer ASAP, but is hesitating to do so... as you know there are some obvious reasons later. What are other problems that you think other than getting tons of questions during the citizenship? Appreciate your answers. ;)
I've taken quite a few lawyer opinions on this. It is best to stay put for 6 months to a year if you want to play it safe. There's no rule set in stone regarding this. If there is a very compelling opportunity, go for it. If not, just chill a little. If your employer treated you badly because you were on the green card leash, return the favor by playing some games with such employers & enjoy the fun.
I've taken quite a few lawyer opinions on this. It is best to stay put for 6 months to a year if you want to play it safe. There's no rule set in stone regarding this. If there is a very compelling opportunity, go for it. If not, just chill a little. If your employer treated you badly because you were on the green card leash, return the favor by playing some games with such employers & enjoy the fun.
more...
bsnf
02-18 08:04 PM
Does anyone know if I require a transit visa if traveling to India via Canada by Lufthansa.
I have a AP, used to have a Canadian visit visa which expired in Dec 2010.
I have traveled on AP via Dubai using United and did not have a issue.
I am traveling next weekend, I will appreciate your reply.
I have a AP, used to have a Canadian visit visa which expired in Dec 2010.
I have traveled on AP via Dubai using United and did not have a issue.
I am traveling next weekend, I will appreciate your reply.
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GCchaos
10-23 09:27 AM
Hi everyone,
I have applied for my H1 in may this year and the receipt date was 31st may,the service center being Vermont.There was a query regarding my husband's paystubs in september and we sent it to them on september 19th.Many of my friends who applied H1 around the sametime as me got theirs approved in the first week of october..But mine is still pending.I wanted to know if any one is in a similar situation.
Please reply.
Thanks a lot.
I have applied for my H1 in may this year and the receipt date was 31st may,the service center being Vermont.There was a query regarding my husband's paystubs in september and we sent it to them on september 19th.Many of my friends who applied H1 around the sametime as me got theirs approved in the first week of october..But mine is still pending.I wanted to know if any one is in a similar situation.
Please reply.
Thanks a lot.
more...
waitnwatch
10-04 01:44 PM
Just curious. Do you know of any reason why he might make way for someone else?
Or any reason why the next guy will be better than this gentleman. How about Sensenbrenner for Speaker? Think before you ask for your wishes may just come true.
Or any reason why the next guy will be better than this gentleman. How about Sensenbrenner for Speaker? Think before you ask for your wishes may just come true.
hair Are these goldfish eggs?
chakkaradeep
09-22 02:04 AM
Ok, to make things complex,
Here is my sample. I just have a TextBox and Label - both bound to a FriendsName Class which implements INotifyPropertyChanged
I have set the UpdateSourceTrigger to PropertyChanged and thus whenever I type something in the TextBox, my Label gets updated then and there.
Now, What I want to do is, I want to have a Button, say Update and when I click that , the data should update the source and thus result the change in the Label. So, its like, after I complete typing in the TextBox, click on the Update Button, the Label should not be updated with the value :D
Hope I am clear :(
I would be really happy if someone help me :)
Thanks,
Here is my sample. I just have a TextBox and Label - both bound to a FriendsName Class which implements INotifyPropertyChanged
I have set the UpdateSourceTrigger to PropertyChanged and thus whenever I type something in the TextBox, my Label gets updated then and there.
Now, What I want to do is, I want to have a Button, say Update and when I click that , the data should update the source and thus result the change in the Label. So, its like, after I complete typing in the TextBox, click on the Update Button, the Label should not be updated with the value :D
Hope I am clear :(
I would be really happy if someone help me :)
Thanks,
more...
paskal
12-25 03:41 PM
It is only missed if it is possible. We were in contact with key senate offices.
The bill was just too controversial and the appetite to include immigration provisions was just not there. We are stll making last minute efforts. the provisions are in the current CIR version and should be in all versions introduced as far as we know.
The bill was just too controversial and the appetite to include immigration provisions was just not there. We are stll making last minute efforts. the provisions are in the current CIR version and should be in all versions introduced as far as we know.
hot Some eggs are still stuck to
pd052009
01-07 09:43 AM
The bill can only be in news and considering current political situation, it won't be passed.
more...
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ganguteli
04-07 09:48 AM
Hi,
I have 2 lawyers to select from. Both are good. One of them is the lawyer company (his office locate in the same city) which is the most expensive. The other lawyer is really good and his expenses is pretty good.
My question is that: Is it better to stuck with the company lawyer as he can handle the perm better. That may because he knows well where to advertise? Or it does not matter? I am just worried that the lawyer that live in another state will not know very well about the city and where he should advertise.
As anyone think, I also want to make sure that he does not over advertise such that we may get many applicants?
Please advise me if I should stuck with the company lawyer or it does not matter?
Thanks
Your lawyer cannot advertise. It is illegal. Your employer has to advertise. The lawyer works with your employer in the Perm process and your employer selects the candidate. So you do not control anything in the PERM process. Also, your employer needs to pay for Perm process and not you.
I have 2 lawyers to select from. Both are good. One of them is the lawyer company (his office locate in the same city) which is the most expensive. The other lawyer is really good and his expenses is pretty good.
My question is that: Is it better to stuck with the company lawyer as he can handle the perm better. That may because he knows well where to advertise? Or it does not matter? I am just worried that the lawyer that live in another state will not know very well about the city and where he should advertise.
As anyone think, I also want to make sure that he does not over advertise such that we may get many applicants?
Please advise me if I should stuck with the company lawyer or it does not matter?
Thanks
Your lawyer cannot advertise. It is illegal. Your employer has to advertise. The lawyer works with your employer in the Perm process and your employer selects the candidate. So you do not control anything in the PERM process. Also, your employer needs to pay for Perm process and not you.
tattoo Eventually the eggs
krishna_brc
02-02 04:49 PM
I have received my green card 5 months ago and still working for the same GC filing employer(a consulting company). My wife had an RFE on her GC, since she could not take MMR at 2007 fiasco time. We have recently replied with the evidence. Now my project is getting over at the client site in next couple of weeks. I am sure that I can lose my job at consulting company also.
My question is, what happens to wife's GC? What if there is another RFE and how can I reply it?
Please let me know my options.
BTW - change your user id to GC_EB2_Received
!!!!! Just Kidding.
My question is, what happens to wife's GC? What if there is another RFE and how can I reply it?
Please let me know my options.
BTW - change your user id to GC_EB2_Received
!!!!! Just Kidding.
more...
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sath2000
07-17 04:46 PM
Hi,
I posted the same information on FREE answers to questions from an Immigration Lawyer.
Here is my issue regarding the PD.
My Employer applied for labor through RIR under EB2 March6th 2004 which was then transffered to Philadelphia Backlog Center. Our Attorney suggested that we Apply through PERM process and Retain PD from the old case. Converted to PERM and applied on 09/26/2006 which was approved on 12/29/2006 but the letter said that they are not retaining PD from the old application as address is changed. Our employer moved 1 street accross in between these to application in Feb 2006. only street address changed everything including phone number remained same. My attorney said that he talked to the labor department in Chicago telling them that phone number didn't change. They said they will consider it and asked him to send a letter. It has been over 15 months he send the first letter. He said last month he also received a call from chicago office saying that they will take a look at the files.
In the meantime applied for I-140 and I-485 concurrently in July/Aug 2007. I-140 got approved on 05/28/2008 and got RFE for I-485 on 06/13/2008. responded to RFE and now case process resumed.
At this point I am trying to see if anyone have this kinda of issue and got resolved or there is away to get this resolved.
thank you
I posted the same information on FREE answers to questions from an Immigration Lawyer.
Here is my issue regarding the PD.
My Employer applied for labor through RIR under EB2 March6th 2004 which was then transffered to Philadelphia Backlog Center. Our Attorney suggested that we Apply through PERM process and Retain PD from the old case. Converted to PERM and applied on 09/26/2006 which was approved on 12/29/2006 but the letter said that they are not retaining PD from the old application as address is changed. Our employer moved 1 street accross in between these to application in Feb 2006. only street address changed everything including phone number remained same. My attorney said that he talked to the labor department in Chicago telling them that phone number didn't change. They said they will consider it and asked him to send a letter. It has been over 15 months he send the first letter. He said last month he also received a call from chicago office saying that they will take a look at the files.
In the meantime applied for I-140 and I-485 concurrently in July/Aug 2007. I-140 got approved on 05/28/2008 and got RFE for I-485 on 06/13/2008. responded to RFE and now case process resumed.
At this point I am trying to see if anyone have this kinda of issue and got resolved or there is away to get this resolved.
thank you
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mach1343
12-15 05:22 PM
I have to work 20 hrs per week part time apart from my full time 40hrs per week. Since I am not working 35 hrs per week as you said does this mean my GC process will have a effect?
more...
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kvrr
04-27 09:00 PM
I have a approved I-140. Applied for 3 year H1 extension in Oct 2006. 3 year H1 extension approved on 5th Feb 2007. Received H4 dependents extensions. Did not receive my I-797. Requested my consulting company to check why I did not receive my I-797 with I-94. They lied to me that they called USCIS and I/they/lawyer will get copy in 30/45 days. My MN drivers license got canceled/suspended on 04/24/2007 because I did not submit approved I-797/I-94. Company lawyer informed my company that they applied under premium processing for duplicate copy on 04/16/2007. I called USCIS and they told me this is bullshit. There is no premium processing for duplicate document. Lawyer does not want to reveal which form he filed for duplicate document. I also applied this week using form I-824 for duplicate copy of approved H1 extension. Called USCIS, and they said I will get a receipt number in 15 days and copy in 2-3 months. This copy will not include I-94, so it is useless. What options do I have. My lawyer is an American and he thinks it is below his dignity to answer my calls.
What options do I now have? Any options will be appreciated.
What options do I now have? Any options will be appreciated.
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gcsatya
09-07 07:46 PM
Option 1 would be sufficient. I always select the option 1 for InfoPass in Boston.
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gc03
12-20 03:57 PM
nice article by IV!
velan
04-30 10:35 AM
Good find.
neglur
10-12 10:24 PM
No news yet! This is very frustrating!
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