nayekal
02-16 03:01 PM
I don't understand ur reply. I haven't asked question of maintaining legal status. I am maintaining legal status. My question is very simple.
What documents are required for COS from H1 to H4?
Where is this question of maintaining legal status coming from?
I may not be able to answer your question directly, but I faced the same dilemma about wife's H1. I got her H1 changed to H4 by applying I-539. This process is very easy and it too my wife 2 months to get the approval.
If you are going out of country and try to re-enter US, with COS, it may not be an easy thing right now. It is getting tough these days, since it involves Visa stamp as well and they might ask too many documents from you and your husband. Even though you guys are legal and have got all documents, still it might be a trouble.
My opinion would be to apply for I-539 and after that reciept, you don't have to work. You will get approval much easier (H1 to H4) compared to H1 to H1 transfer.
What documents are required for COS from H1 to H4?
Where is this question of maintaining legal status coming from?
I may not be able to answer your question directly, but I faced the same dilemma about wife's H1. I got her H1 changed to H4 by applying I-539. This process is very easy and it too my wife 2 months to get the approval.
If you are going out of country and try to re-enter US, with COS, it may not be an easy thing right now. It is getting tough these days, since it involves Visa stamp as well and they might ask too many documents from you and your husband. Even though you guys are legal and have got all documents, still it might be a trouble.
My opinion would be to apply for I-539 and after that reciept, you don't have to work. You will get approval much easier (H1 to H4) compared to H1 to H1 transfer.
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sixburgh
07-16 11:10 PM
I am not sure if my reply is correct.
But if the dates are current for you, can you just not reapply for 485 ?
But if the dates are current for you, can you just not reapply for 485 ?
shortchanged
08-28 12:34 PM
Thank you !This whole thing has cost me a lot.I had to cancel the airtickets,the travel agent charged 300.00/ticket. $1500.00.I am sitting at home for 3 weeks as the vacation is not cancelled,as I can't carry it over to next year,per employer's policy.I wished I could finally go home first time,after 6 years in the US,now that is not happening anytime soon.
I suffered lot of anguish on september 30,2005 when I filed with a PERM certified labor that morning, my attorney took his sweet time to give it to FedEx, it indeed reach VSC at 7PM, so they rejected my application, as the next working day oct 3,2005, my country's PD jumped 6 years back to 11/1999 from current!I see a few cases of 485 approvals for persons who sent their forms on the same day 30/2005!
So even though I feel a lot weight off my chest as you do, it still rankles, as I was always on top of these things and even offered the attorney to be there on September 30,2005, and was willing to fly to Vermont even at the last moment, but he could not keep those packages ready to hand it to FedeEx. He did not faul to collect the fee for his NON-service anyway.
This forum is like a balm to a lot of people:)
I suffered lot of anguish on september 30,2005 when I filed with a PERM certified labor that morning, my attorney took his sweet time to give it to FedEx, it indeed reach VSC at 7PM, so they rejected my application, as the next working day oct 3,2005, my country's PD jumped 6 years back to 11/1999 from current!I see a few cases of 485 approvals for persons who sent their forms on the same day 30/2005!
So even though I feel a lot weight off my chest as you do, it still rankles, as I was always on top of these things and even offered the attorney to be there on September 30,2005, and was willing to fly to Vermont even at the last moment, but he could not keep those packages ready to hand it to FedeEx. He did not faul to collect the fee for his NON-service anyway.
This forum is like a balm to a lot of people:)
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kate123
10-02 08:21 AM
I Filed a case with NJ DOL and the outcome was pretty fast. It took 4 months to completely resolve the case. I spoke to DOL People yesterday and they said I will get all my money back.
In your case go ahead and file a case with DOL. Once you file the case you will get a letter from DOL acknowledging your case. May be you can use this ack letter to send it to INS if any query arises.
Before you even file a case tell your exemployer to pay all your money or else tell them that you will file case with DOL, INS. Still if they dont care then,,, go ahead and file the case....
Kinu
In your case go ahead and file a case with DOL. Once you file the case you will get a letter from DOL acknowledging your case. May be you can use this ack letter to send it to INS if any query arises.
Before you even file a case tell your exemployer to pay all your money or else tell them that you will file case with DOL, INS. Still if they dont care then,,, go ahead and file the case....
Kinu
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tb2904
12-21 07:47 PM
1. Fly directly to your home country - No transit visa required and no valid US visa required
2. Fly via any other country - No transit visa required as long as you are not stranded in airport due to delay in first leg of the flight. Also, to board a plane to Europe you have to have a valid US visa. Please read my above post for the past expereinces.
2. Fly via any other country - No transit visa required as long as you are not stranded in airport due to delay in first leg of the flight. Also, to board a plane to Europe you have to have a valid US visa. Please read my above post for the past expereinces.
indyanguy
09-18 08:33 PM
july 2nd filer. transfer notice receipt date is aug 30th. This is confusing! Can someone please clarify:mad:
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needhelp!
01-28 04:39 PM
Sabeer Bhatia - Hotmail
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Suhas Patil - Cirrus Logic
Narinder Kapany - Father of Fiber Optics
Vinod Dham - Father of Pentium
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Prashanthi
10-20 05:52 PM
Hi,
My friend is in a unique situation and needs help. Please guide him with his queries.
**************************************************
I'm in USA on H1B since Apr-17-2004 with out any break. I'll complete my 6 year stay in USA H1B by Apr-16-2010.
My current H1B & I-94 extension was applied on Jun-06-2008 (applied in a group) and approved till May-01-2011.
My GC labor was applied on May-29-2008 and approved on Oct-11-2008. But..
We didn't specify about GC labor on H1B/I-94 extension petition.
My GC I-140 was appilied on Nov-12-2008 and approved on Apr-20-2009.
Can you please suggest when should I apply for my next H1B & I-94 extensions (based on 'Apr-16-2010' OR 'May-01-2011') ?
************************************************** *********
You should apply based on April 16, 2010, you can file 6 months in advace which means you can file now, you will get an approval for 3 years based on the approved I-140.
My friend is in a unique situation and needs help. Please guide him with his queries.
**************************************************
I'm in USA on H1B since Apr-17-2004 with out any break. I'll complete my 6 year stay in USA H1B by Apr-16-2010.
My current H1B & I-94 extension was applied on Jun-06-2008 (applied in a group) and approved till May-01-2011.
My GC labor was applied on May-29-2008 and approved on Oct-11-2008. But..
We didn't specify about GC labor on H1B/I-94 extension petition.
My GC I-140 was appilied on Nov-12-2008 and approved on Apr-20-2009.
Can you please suggest when should I apply for my next H1B & I-94 extensions (based on 'Apr-16-2010' OR 'May-01-2011') ?
************************************************** *********
You should apply based on April 16, 2010, you can file 6 months in advace which means you can file now, you will get an approval for 3 years based on the approved I-140.
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lskreddy
11-19 11:00 AM
I called USCIS and they said I could e-file. Thanks.
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Pagal
02-02 02:33 PM
:) Yes, one of the founding principles of USA "No taxation without representation" has gone down the drain for all 'temporary' workers...
Some countries have tax treaties with USA whereby, their citizens are not required to pay medicare/social security taxes, wonder if India can have such a treaty...
Some countries have tax treaties with USA whereby, their citizens are not required to pay medicare/social security taxes, wonder if India can have such a treaty...
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txuser
05-24 12:53 PM
Once you complete the e-filing, the online system will generate a PDF which has the instructions on how/whom to send the documents. You also need to attach a copy of the PDF while sending the docs.
I sent the docs thru USPS, with delivery confirmation.
Yeah, after the e-filing is completed, you will get the receipt number, using which you can track your petition online.
I sent the docs thru USPS, with delivery confirmation.
Yeah, after the e-filing is completed, you will get the receipt number, using which you can track your petition online.
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lazycis
02-14 04:48 PM
Violation of regulations is also affirmative misconduct.
Here is an extract from my brief
8 CFR � 103.2(b)(18), titled �Withholding adjudication�:
�A district director may authorize withholding adjudication of a visa petition or other application if the district director determines that an investigation has been undertaken involving a matter relating to eligibility or the exercise of discretion, where applicable, in connection with the application or petition, and that the disclosure of information to the applicant or petitioner in connection with the adjudication of the application or petition would prejudice the ongoing investigation.
If an investigation has been undertaken and has not been completed within one year of its inception, the district director shall review the matter and determine whether adjudication of the petition or application should be held in abeyance for six months or until the investigation is completed, whichever comes sooner. If, after six months of the district director�s determination, the investigation has not been completed, the matter shall be reviewed again by the district director and, if he/she concludes that more time is needed to complete the investigation, adjudication may be held in abeyance for up to another six months. If the investigation is not completed at the end of that time, the matter shall be referred to the regional commissioner, who may authorize that adjudication be held in abeyance for another six months. Thereafter, if the Associate Commissioner, Examinations, with the concurrence of the Associate Commissioner, Enforcement, determines it is necessary to continue to withhold adjudication pending completion of the investigation, he/she shall review that determination every six months.�
The legal alien�s application has been pending for over 2.5 years at the time of filing his complaint with the District Court. So, according to the requirements of 8 CFR � 103.2(b)(18), his application should have been reviewed twice by the USCIS district director (at 1 and 1.5 year marks), once by the USCIS regional commissioner (at 2 year mark) and once by the Associate Commissioner, Examinations, with the concurrence of the Associate Commissioner, Enforcement. There is no evidence on record that these procedures have been followed. Therefore, the USCIS have violated the Federal regulations and �unlawfully withheld� adjudication of the legal alien�s application. Furthermore, 8 CFR � 103.2(b)(18) is not part of the Subchapter II of the Chapter 12 of the INA, therefore jurisdictional bar of � 242(a)(2)(B)(ii) does not preclude review of the withholding of adjudication.
Here is an extract from my brief
8 CFR � 103.2(b)(18), titled �Withholding adjudication�:
�A district director may authorize withholding adjudication of a visa petition or other application if the district director determines that an investigation has been undertaken involving a matter relating to eligibility or the exercise of discretion, where applicable, in connection with the application or petition, and that the disclosure of information to the applicant or petitioner in connection with the adjudication of the application or petition would prejudice the ongoing investigation.
If an investigation has been undertaken and has not been completed within one year of its inception, the district director shall review the matter and determine whether adjudication of the petition or application should be held in abeyance for six months or until the investigation is completed, whichever comes sooner. If, after six months of the district director�s determination, the investigation has not been completed, the matter shall be reviewed again by the district director and, if he/she concludes that more time is needed to complete the investigation, adjudication may be held in abeyance for up to another six months. If the investigation is not completed at the end of that time, the matter shall be referred to the regional commissioner, who may authorize that adjudication be held in abeyance for another six months. Thereafter, if the Associate Commissioner, Examinations, with the concurrence of the Associate Commissioner, Enforcement, determines it is necessary to continue to withhold adjudication pending completion of the investigation, he/she shall review that determination every six months.�
The legal alien�s application has been pending for over 2.5 years at the time of filing his complaint with the District Court. So, according to the requirements of 8 CFR � 103.2(b)(18), his application should have been reviewed twice by the USCIS district director (at 1 and 1.5 year marks), once by the USCIS regional commissioner (at 2 year mark) and once by the Associate Commissioner, Examinations, with the concurrence of the Associate Commissioner, Enforcement. There is no evidence on record that these procedures have been followed. Therefore, the USCIS have violated the Federal regulations and �unlawfully withheld� adjudication of the legal alien�s application. Furthermore, 8 CFR � 103.2(b)(18) is not part of the Subchapter II of the Chapter 12 of the INA, therefore jurisdictional bar of � 242(a)(2)(B)(ii) does not preclude review of the withholding of adjudication.
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sledge_hammer
06-29 11:37 AM
^^^^
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veni001
02-06 09:46 PM
Hi ->
I got a lawsuit(summons) from my previous Employer ( I quit this consultancy in Oct 2010 ) and got this two days back with below points . I need to respond to them with in 30days. I quit this company has he hasn't paid any bench salary and haven't do any proper marketing - which were force me choose a permanent job.
So could some one please advise me the right lawyer to handle this.I need to answer to this summons and need file a new case against them.
Points that summons contain :
FIRST COUNT : Breach of Contract
Second Count : Tortuous Interference
Third Count : Breach of Duty of Good Faith and Fair Dealing
Fourth Count : Unjust Enrichment
Fifth Count :Misrepresentation and Fraud
SIXTH count : Breach of Duty of Loyalty
Really I would you appreciate you guys advise me right way to handle this.
Either you or your attorney can respond back to your previous employer indicating that you will be reporting to DOL on FORM WH4 (http://www..com/forms/wh-4.pdf) on his/her H1B violations(not paying on bench is clear violation of LCA). Remember one thing employment is at will ( both ways) in US.
I got a lawsuit(summons) from my previous Employer ( I quit this consultancy in Oct 2010 ) and got this two days back with below points . I need to respond to them with in 30days. I quit this company has he hasn't paid any bench salary and haven't do any proper marketing - which were force me choose a permanent job.
So could some one please advise me the right lawyer to handle this.I need to answer to this summons and need file a new case against them.
Points that summons contain :
FIRST COUNT : Breach of Contract
Second Count : Tortuous Interference
Third Count : Breach of Duty of Good Faith and Fair Dealing
Fourth Count : Unjust Enrichment
Fifth Count :Misrepresentation and Fraud
SIXTH count : Breach of Duty of Loyalty
Really I would you appreciate you guys advise me right way to handle this.
Either you or your attorney can respond back to your previous employer indicating that you will be reporting to DOL on FORM WH4 (http://www..com/forms/wh-4.pdf) on his/her H1B violations(not paying on bench is clear violation of LCA). Remember one thing employment is at will ( both ways) in US.
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kirupa
11-11 01:18 AM
Yep - there 2 more hours from this post to be counted :P
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krupa
07-10 09:00 AM
Visa Bulletin
Number 108
Volume IX
Washington, D.C.
The Visa Bulletin for July 2007, posted on June 12, must be read in conjunction with the Update of July Visa Availability, posted on July 2.
The Update of July Visa Availability, posted on July 2, must be read in conjunction with the Visa Bulletin for July 2007, which was posted on June 12.
Input by Krupa:
The above is the visa bulletine. I wanted know what is the impact on leagal status of old bulelletins.
Number 108
Volume IX
Washington, D.C.
The Visa Bulletin for July 2007, posted on June 12, must be read in conjunction with the Update of July Visa Availability, posted on July 2.
The Update of July Visa Availability, posted on July 2, must be read in conjunction with the Visa Bulletin for July 2007, which was posted on June 12.
Input by Krupa:
The above is the visa bulletine. I wanted know what is the impact on leagal status of old bulelletins.
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chanduv23
09-23 10:21 PM
lol funny to see myself in there..i have a shaky voice lol...eeks..wish i could hide...
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Most appealing :) 16 years..............
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jatinr
08-03 05:40 PM
My I-140 is approved.
But as per the August visa bulletin all the country visa numbers are U right. The August 17th is just an extension for the July visa bulletin rollback right?
You are right, if you apply now, you will get 3 yr extension. The extenion is based on whether your I-140 is approved and if the visa numbers are unavailable at the time of applying for extension.
But as per the August visa bulletin all the country visa numbers are U right. The August 17th is just an extension for the July visa bulletin rollback right?
You are right, if you apply now, you will get 3 yr extension. The extenion is based on whether your I-140 is approved and if the visa numbers are unavailable at the time of applying for extension.
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anilsal
08-24 09:50 AM
It may be true that the representatives are looking forward to the elections. But we should make an effort to make them (and maybe the folks who contest against them) knowledgeable about issues faced by Skilled "backlogged" people, in the immigration circus.
On a lighter side, sipping tea is good
http://news.bbc.co.uk/2/hi/health/5281046.stm
There is a good news for an ardent Tea drinker in me (the only good news happening. :) )
On a lighter side, sipping tea is good
http://news.bbc.co.uk/2/hi/health/5281046.stm
There is a good news for an ardent Tea drinker in me (the only good news happening. :) )
unseenguy
06-19 01:27 AM
Hello All,
I am contacting you regarding an Inquiry of
" H1B Approved without I-94 and to appeal for I-290B.
I applied for H1B Visa on Dec 23rd 2008 or change of status from H4 to H1B, H4 is Valid till Aug 06, 2009.
After filing, i received the receipt number and started working immediately from then onwards.
On May 01st, 2009 there was a query to my company and also on me whether i am maintaining valid non immigrant H1B classification.
On May 21st 2009, i received a letter from USCIS
saying that a response was received in which it included two pay statements for period of Jan 2009 and Feb 2009, they mentioned that the beneficiary was not eligible to work at this time and appears to have been working in United States without permission.
Change of status is denied, how ever your petition is Approved and go to Chennai for processing.Or submit a Motion to Reopen (Form I-290B ).\
Please advice me what should i do.
If i submit Form 1-290B, what are the grounds that i have to justify as it is clearly mentioned that i was not eligible to work at this time, but i am assuming that once you apply for H1 you can start working , then why in my case they have mentioned as illegal.
Second query is after applying for I-290B, can i continue to work or should i stop working until i get the update from USCIS regarding COS.
Third Query is should i apply for a new H1 and continue working.
Please advice me on this issue.
Hoping to hear from you Soon.
Thanks a lot for your help,
You have been working illegally and hence do as directed on the petition. I am not sure 290B is going to help you.
I am contacting you regarding an Inquiry of
" H1B Approved without I-94 and to appeal for I-290B.
I applied for H1B Visa on Dec 23rd 2008 or change of status from H4 to H1B, H4 is Valid till Aug 06, 2009.
After filing, i received the receipt number and started working immediately from then onwards.
On May 01st, 2009 there was a query to my company and also on me whether i am maintaining valid non immigrant H1B classification.
On May 21st 2009, i received a letter from USCIS
saying that a response was received in which it included two pay statements for period of Jan 2009 and Feb 2009, they mentioned that the beneficiary was not eligible to work at this time and appears to have been working in United States without permission.
Change of status is denied, how ever your petition is Approved and go to Chennai for processing.Or submit a Motion to Reopen (Form I-290B ).\
Please advice me what should i do.
If i submit Form 1-290B, what are the grounds that i have to justify as it is clearly mentioned that i was not eligible to work at this time, but i am assuming that once you apply for H1 you can start working , then why in my case they have mentioned as illegal.
Second query is after applying for I-290B, can i continue to work or should i stop working until i get the update from USCIS regarding COS.
Third Query is should i apply for a new H1 and continue working.
Please advice me on this issue.
Hoping to hear from you Soon.
Thanks a lot for your help,
You have been working illegally and hence do as directed on the petition. I am not sure 290B is going to help you.
desi3933
07-13 09:48 AM
What will happen if primary case got approved but dependent case is still pending and at the same time, dependent H4 will be expiring soon??
Actually my case got approved yesterday, my wife's not yet. Her H4 expires in September. Thanks.
She is NOT in H4 status anymore the day your I-485 is approved.
She has 180 days (from your approval date) to file I-485 application, otherwise she has to do follow-to-join CP at consulate abroad.
Consult a good attorney asap.
____________________
Not a legal advice.
Actually my case got approved yesterday, my wife's not yet. Her H4 expires in September. Thanks.
She is NOT in H4 status anymore the day your I-485 is approved.
She has 180 days (from your approval date) to file I-485 application, otherwise she has to do follow-to-join CP at consulate abroad.
Consult a good attorney asap.
____________________
Not a legal advice.
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