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desi3933

08-13 11:55 AM

If you were born in the USA, there is no way to reject US Citizenship. Even after you take up Indian passport and citizenship, you can come anytime to the USA flash your birth certificate and then get a US Passport.

Incorrect.

Please refer to this link -- Renunciation of U.S. Citizenship (http://travel.state.gov/law/citizenship/citizenship_776.html)

another link Loss of nationality by native-born or naturalized citizen (http://www.law.cornell.edu/uscode/8/1481.html)

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Tia Mowry Actress Tia Mowry

pappu

06-05 11:26 AM

If you are unable to come to DC, please contribute to this effort by donating funds to immigration voice. It will help us recuperate the costs associated with hosting such a high profile event in Washington DC. If you have not contributed,
click here (http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=25) and please contribute now. This is an effort that helps each and every one of us. Hopes and prayers will not make visa bulletins current. Congressional action will. And congress will act only if we act to advocate our issues and solutions.

Most of us are still in the limbo of green card process and waiting in different stages. Some of us may have advanced to the I-485 stage and have a little more career flexibility but the hanging sword of uncertainty still looms over our heads.

Our angst, our insecurity:

Even with EAD and other options, lack of green card is lack of security and lack of certainty. You know it and you feel it every day. In order to find a permanent fix for the uncertainty, angst and insecurity and in order to snap out of the probationary lifestyle and career, we have to finish what we started over 4 years ago -- get the U.S. Congress to act on this problem and solve it once and for all.

Early effort wins:

The first agenda of next Congress will be immigration and we expect an immigration bill to be debated sometime in early 2011. However, it would be a big mistake to wait until that time to do something about that bill. Successful advocacy efforts are the ones that start early and introduce concepts and ideas into the debate before the legislators write their first draft. Once the committee hearings and debates begin, it is harder to get changes or fixes into a bill because it requires an amendment to the bill in a politically charged and heated atmosphere. Groups and organizations that wait until the last minute to influence members of congress often fail to achieve results. In order to succeed in next year's immigration bill, we have to begin talking to members of congress now. Remember, the advocacy efforts we did with lobby day and rally in Sept 2007 influenced congress to include our provisions in bipartisan bills introduced in Aug 2008. Legislative things take time.

How you can help:

You and help in two different ways:

Join the advocacy effort in DC on June 7th and 8th. (http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1437978-iv-announcement-advocacy-days-in-washington-dc-7th-and-8th-june.html) If you have never done this before, we encourage you to help us with this and join us. Immigration voice will arrange the logistics of setting up meetings and arranging the material for you to take to your Congressmen and Senators. We are expecting about 150 immigration voice members to gather in DC and participate in over 200 meetings with Congressmen and Senators.

Contributing Funds to help finance the effort. (http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1534974-funding-drive-iv-needs-your-support-for-advocacy-events-in-dc.html) You are most welcome to come to DC and join us but if your job demands are such that you cannot take two days off on June 7th and 8th, then you can still contribute to this effort by contributing financially to Immigration Voice. Kindly contribute funds to this effort by clicking on this link (http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1534974-funding-drive-iv-needs-your-support-for-advocacy-events-in-dc.html). You have an obligation to yourself and your family to plant your career in this country once and for all. EAD and AP, if you have them, are not going to cut it. We are not there yet. And we have to finish together what we started together.

Thank you.

Immigration Voice. (ImmigrationVoice.org - Home (http://www.immigrationvoice.org)).

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vaishnavilakshmi

07-24 09:06 PM

Hi,

This happend in my motherinlaw's name case.If u have already filed i-485,then wait for RFE.If u have not did it.It is easy and 1day procedure in india,if ur parents can do it.Ur parents can get a combined affidavit typed on 10 or 20rs stamp paper and get it notarised with lawyer and scan and email u before they post it to u here.We did the samething and could file on time.

Cheers,
vaishu

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2011 Tia Mowry Actress Tia Mowry

Tia Mowry in a 2011 production

kirupa

01-24 04:07 PM

Added those notes sage and iamthejuggler :)

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thomachan72

01-10 06:15 AM

Hello All
Similar experience at Mumbai Consulate. Being a full time employee, and after showing all paystubs, employment letter , VO was not satisfied. 1/2 of the time , he was under impression that I was still working for a company, whose visa was stamped in 2008. :)

Another reason of frustration is they did not check all the documents I sent , which were mentioned in the green slip. Inspite of sending Research Document, I had got the reply saying that I did not send the Past, Current and Future Research Statement. So I resubmitted all the documents again on Dec 23rd,2010 . also added I am not working on any research topic presently or in near future . After that I did not hear back from consulate. So that means my case has been under processing?

Did anyone get the receipt of documents submission in response to Green Slip?

Please let me know

Thanks and Good LUCK

DResearch statement? Have never heard about that one! Are you a postdoctoral research fellow?

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Tia Mowry#39;s Husband Cory

wandmaker

08-23 05:27 PM

I lost the hope of GC after working 10 years in US because my GC is not approving.

Is it possible to file case against my employer and ask to return money that they deduct from me for GC and the % that they earned from me in last 8 years. I joined my employer for smooth GC process but even my I140 is not approved. My labor went to backlog. Once labor approved than I140 is pending for last 30 months. USCIS is trying to find out that my company is legitimate or not.
Do not argue how I know that I140 is pending because of company. Please let what is process to inform USCIS about my employer. My company files GC so that no one should leave the company. Employer gives hope about GC but I140 never approves. What all evidence I have to collect so that I can prove against my employer. Please suggest.

You can complain to DOL, if you have been paid less than a LCA amount. Also, you can complain to DOL, if the deduction of GC processing fee to DOL as it could have lowered the amount thats in your offer letter. You need have a proof that your company has deducted money for your GC from the paycheck.

BTW, You have no legal grounds to get the revenue (aka % the company earned) the company made out of you during your tenure.

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drona

09-28 07:21 PM

Southern California IV Meet-up on Saturday 6 October at 3pm in Los Angeles. We have several post-rally action items to work on. Join our yahoo group for further information.

http://groups.yahoo.com/group/SC_Immigration_Voice/

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Actress Tia Mowry posed at the

curiosity_76

12-29 04:26 PM

Let's do something together, and let the government aware of our problem.
Let's get more and more people in and make our voice heard!

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logiclife

02-01 06:40 PM

It doesnt matter who the President is, on issues of legal skilled immigration.

Immigration reform, like any other big reform, needs changes in laws, which needs initiations and actions from CONGRESS.

In Congress, we have a presistent problem of a filibustering senate.

What we need in 2008 elections is the kind of senators who oppose us to lose elections and pro-immigration senators to win elections. Not only that, if one party gets over 55-57 senators, then filibuster threat is mitigated severly, because its easy to find 3-4 senators from minority party to break ranks and vote FOR a particular bill or amendment.

So what you need is a heavily tilted senate that has over 55 senators of just one party so that they can overcome filibuster and legislate big fixes for a change rather than naming post-offices and passing budgets.

The senate has 100 seats, with each senator facing election every 6 years. So each election cycle (every 2 years) there are one third of senators facing re-election.

This time, there are 34 senators facing re-election. Out of this 22 are Republicans and 12 are Democrats. Republicans have more seats to defend then Democrats. Plus about 4-5 Republicans are retiring so its easier to pick up those seats for Democrats than to beat a sitting senator.

If a Democratic tide takes place, then senate could tilt heavily Democratic in 2008 and would take care of filibuster issue where each measure needs 60 votes to pass. Nonetheless, you have to remember that Democrats or Republicans are easily divided when legislating immigration and it has a way of dividing parties like no other. Last year, Immigration CIR bill faced opposition from both sides - Republican and Democratic.

THIS IS NOT AN ENDORSEMENT OR SUPPORT OF ANY KIND FOR ANY PARTY OR CANDIDATE. IV is NEUTRAL AND IT ALWAYS HAS BEEN.

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Sister Sister star Tia Mowry

keiryu

08-20 04:07 PM

When did you apply the switch from EB3 to EB2? Did you have to go through the entire process of PERM all over again? How long did it take? I'm considering this also.

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akhilmahajan

04-23 09:00 AM

I have the approval from DOL which my company sent with me, and also the Receipt of I140 which they got after my I140 was filed.

I was just curious, where it can be found, under which category my GC is being processed.

As you said the DOL web site, can you tell me what the url will be, and where to look at.

I will really appreciate that.

Thanks.

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swashbuckler

06-17 12:00 AM

Hi,

This is the 6th year of my H1B visa going on and my max out calender date is in June-2011 (including the days spent outside USA). My Green Card application was supposed to file last year but because of economy and job market situation, my Employer did not apply at that time. Now my Employer is going to start GC processing in July/August-2010. But as per the DOL rules, my GC must have been applied before 365 days of max out calender date, to qualify for H1Bb Visa extension beyond 6 years. I have the questions below in this regard:

1. What happens if Labor is pending (not approved) on 6 years completion? My Employer says, in this scenario I have to depart USA for one year till the PERM is pending. What does it mean? Could you please give some more details about this scenario.

2. Would I get qualified for H1B Visa extension if Labor is approved before 6 years completion (i.e by June-2011)?

Kindly consider my situation and answer to my questions. Thank you in advance. I am very much worried and unable to concentrate at work because of the situation.

Regards,
swashbuckler

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RDB

09-02 11:09 PM

That's the only logical thing to do right now, sending original EAD might be a bit risky.....i will update after my info pass appointment.

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Hosea Chanchez, Tia Mowry

mdmd10

08-03 01:31 PM

My EB2 I-140 is pending at NSC since 1st May 2007. I have a PD of 5th May 2004, which is current as of August, but looks like until my I-140 is approved, I would still have to wait.

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billu

08-06 06:15 PM

Folks, Let us not use this forum for non-immigration matters.

i have seen numerous posts in his forum about finances, real estate, phone cards, exchange rates,courier services and even jokes.....whats wrong with asking a fellow desi's opinion on indian channels under interesting topics??we live in an area mostly populated by americans and do not have any desi people around. i thought this was a good forum to take opinion of fellow desis. if you think it is against the forum rules, you can take this off.

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nayekal

02-21 01:13 PM

Simple thing, when she doesn't have a job why would you get her an H1B , which any other well qualified candidate would have got. Because of the people like you all the legal immigrants are the targets of the accusation of "stealing our jobs".
People like you and these cheap desi companies, are a shame on the face of all the hardworking legal immigrants here. I think the same thing was asked by someone on someother post as well and was badly critized.

Dude, you think a person with 3 years of working exp in IT after completing masters is not qualified?
How can some one gives you a job offer to join them in October by sponsoring H1 in April. You don't apply for H1 during April of any year, then you will never be able to get a job.
I am sure you will find many (most of them are) consultants from so called cheap desi companies are technically smarter and have lots of exp as well. May be those companies are cheap, but people are not.
Before you come to forums and release your frustration, go and tell your friends and colleagues about your opinions. I bet, most of them will stop talking to you.

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priti8888

10-17 07:17 PM

In conservative view, though both are in same field, both are not similar occupation becuse one is "engineer" and other is "manager". Engineer skills and responsibilites and duties are different than manager. So it will not qualify to AC21 portability. For similar occupation classification, both should be in same family in Onet or it should have first 2 numbers in the code should be same.

thats not true..AC 21 does'nt deny a promotion..Since it takes over 5-7 years to get GC approval, most of my friends got their GC when they were project managers/product managers but started as applications/network engineers.

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DareYouFireMe

03-09 03:52 PM

For the second I-140, He should have applied asking for the previous Priority date. I am not sure about this, but if there is a way to get previous Priority date of Dec-2002 on the EB2 (NEW I-140). Then s/he would be current (assuming India, China).


Document URL
http://www.uscis.gov/files/pressrele...22_091206R.pdf

PAGE 27
(1) Determining the Priority Date.
In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien�s priority date is established by the filing of the labor certification, once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see the section on successor in interest).

PAGE 28
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification

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sidbee

06-10 01:47 PM

Sidbee,

thank you sidbee and i would pray that you would never be in this position. Its hard to stay home without at job and secondly, with H1B laidoff its even tougher.

I was laidoff recently and i know the stress one goes through. That's the reason i am trying to help by making a IVjobhunters group. I have found my job and i have nothing to gain.

Sidbee if you cannot talk good or help please shut your mouth. . If someone is asking for help ( Laidoff means Was terminated from work for no reason of yours).

You have the right to ask your employer for one way return ticket to your home town. Its not just the international airport but till your home town, Its a law and you should get it.

I was laidoff and i took unemployment benifits, Sidbee, Give me a lecture.

J thomas


You took me wrong.

I meant , that if i was illegaL (laid of for 5 months) , i would just leave without making noises.
I was giving my point of view.
And yes if i was laid off today , i would fight to get my return tickets. But if i choose to be illegal for 5 months, than i wont.

I have full sympathy, with whoever gets laid of on H1B, But thats the law, and i know it , and still i prefer to work on H1B.

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lostinbeta

10-04 01:43 AM

Oh, that is awesome=)

Congratulations on a job well done:)

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chanduv23

12-09 08:17 AM

Good morning


Bumpppppppppp

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eb2dec2005

10-28 10:33 AM

I applied for the renewal of my expired AP on Oct 12 which was received on Oct 14th.But neither the checks are cashes nor any reciept notice received.

Is there anybody else in the same boat,Btw, the service center is NSC.

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kaisersose

07-11 06:16 PM

I am seriouly looking out for a job as currently on bench from last one month and my employer doesn't pay the bench salary. Currently I am on EAD with my GC sponsering employer. I would appreciate if any of you pls. reply this post. My question is,

If I joined a new employer using EAD-AC21 (as 11 month passed of my I-485) which is very small employer (currently have about 35 employees only), would it cause a problem in my GC process approval? I mean, do you think USCIS may create any RFC as I have join the very small employer, may ask any financial document to declare? Can you pls. tell me what are the potential problems my come in this situation?

Pls. help, your reply will be highly appreciable?

The Yates memorandum is very clear on this. It is not necessary for CIS to issue an Ability to pay RFE for the new employer. However, if they suspect fraud or some other problem, then they can always investigate. Having only 32 employees is obviously not a reason to start an investigation.

Short answer - No potential problems.

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VMH_GC

07-17 06:21 PM

I pledge $100 right now to IV. I will make the payment tonight.


I just made the payment. It is easy folks please contribute....

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immi_enthu

09-28 06:01 PM

i am in the same boat. receipt notice says Jul5 25 .. online september 15 ( I guess it is notice date)

when did your application reach USCIS. yes the online date is Notice Date.

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imm_pro

05-20 01:13 PM

http://www.humanevents.com/article.php?id=26605

looks like the Agjobs amendment tagged to this bill is drawing lot of attention and negative publicity..

This is why we keep close watch on Congress. In a bipartisan effort accomplished quickly and virtually under the table, Sens. Diane Feinstein (D-Calif.) and Sen. Larry Craig (R-Idaho) -- in Senate Appropriations markup of the War Supplemental bill -- obtained approval of an amendment that would create an amnesty for illegal alien farm workers. The measure, called the Emergency Agriculture Relief Act, was added to the War Supplemental bill in a 17-12 vote last Thursday.

Known as the AgJob amendment, the Feinstein-Craig measure revived instantaneously the controversy that caused conservatives to lash out at the White House and Congress last summer.

The measure would grant temporary legal status to 1.35 million illegal immigrants and their families currently working in the agricultural field. The legislation was passed out of committee at the request of agribusiness interests who have been insisting that they need illegal aliens to harvest crops and run horse shows. The legislation is nothing less than �comprehensive immigration reform� on a smaller scale.

What supporters of the amendment are calling �emergency� and �temporary�, opponents have labeled an �amnesty visa.� Sen. Robert Byrd (D-WV) said he considered the amendment amnesty and that �all these immigration issues should be addressed through the regular order."
Sen. David Vitter (R-La.) opposes the amendment and said he will be working to remove it from the supplemental bill.

�Instead of ensuring that American troops are provided with the tools and resources that they need to protect our homeland, some in the Senate have instead chosen to jeopardize this funding by inserting provisions that are -- at best -- counterproductive to the efforts of our military members,� said Vitter in a press release.

According to Feinstein, the legislation is supported by the American Farm Bureau, the United Farm Workers, and other similar organizations but this is likely because it allows those employers to continue paying excessively low wages.

Feinstein assured the Appropriations Committee that the bill was not an amnesty because it requires the individuals work at least 100 days a year in the agricultural industry for the next five years.

�It is an emergency agricultural worker bill, which will give protected status to those workers who have worked in agriculture within the last 48 months,� she said, also noting that the U.S. would lose $5-9 billion to foreign competition without it.

Those are the same arguments that we heard last summer. In truth, Feinstein-Craig DOES provide amnesty for an unknown number of illegal workers. It provides, as the Bush-McCain-Kennedy bill did, a path to citizenship for some illegal aliens.

The amendment will go through the Senate this week as they consider the Iraq spending bill as a whole. At this writing, it isn�t clear that Senate Majority Leader Harry Reid (D-Nev.) will bring the measure to the floor for a vote.

NumbersUSA, an organization fighting illegal immigration, called the amendment �outrageous� and urged constituents to contact their political leaders. They noted that because families can also obtain temporary legal status through the amendment, it could reach almost 3 million people.

�The most important point to stress is that there is no need for an amnesty to provide growers with workers�there already is an H-2A foreign agricultural worker program that provides growers with an unlimited number of temporary workers if the growers agree to pay a decent wage and ensure that they go home at the end of the season,� said NumbersUSA news release.

Some farming organizations, like the Northwest Growers Association, not only support the measure but don�t think it does enough. They claim the AgJobs amendment doesn�t do enough for illegal aliens because it includes an �unrealistic visa cap.�

But the H-2A visa program exists and works without a cap. While Craig and others claim �oranges are rotting� on trees and needs illegal aliens to tend to our agriculture, places like the North Carolina Grower�s Association (NCGA, spotlighted on Michelle Malkin�s blog), oppose the amendment and have fared well with H-2A. NCGA utilizes H-2A to its fullest capacity as other agricultural organizations do not.

Additionally, AgJobs would maximize H-2B visas (lower skill, non-agricultural seasonal workers) and push an influx of more illegal immigrants, which clashes with what the American people want. They demonstrated their disapproval of amnesty proposals last year by a bipartisan grassroots effort to kill the immigration reform bill of 2007.

Sen. Barbara Mikulski (D-Md) also slipped in an amendment supporting illegal immigrants in the supplemental bill. Mikulski hopes to extend a program for temporary workers to re-enter the country without being subject to the limits on H2B visas. In a Congress Daily article, she said, "If you like Maryland crabs, vote for this amendment.�

"It seems that the members of the Senate Appropriations Committee love our troops�but for entirely different reasons: they provide convenient cover for passing special interest legislation to benefit illegal aliens and powerful business lobbies," wrote Ira Mehlman, Media Director of the Federation for American Immigration Reform (FAIR) in an opinion piece yesterday.

Mehlman also reported that Sen. Patty Murray (D-Wa.) added a provision that would include 218,000 visas for skilled foreign workers. Part of the problem is this: Right now, America�s population is 300 million. At the rate we are going with illegal immigrants (sped up by amendments like these), the US Census Bureau estimates the population will be 450 million by 2050. If a Democrat, entitlement-oriented government sinks its teeth in, taxes will be higher than ever and freedom will be in jeopardy.

The Senate will begin debate on the supplemental bill tomorrow and is likely to vote on it before the end of the week. Some Republican senators -- including Alabama�s Jeff Sessions and others -- are working hard to expunge the illegal alien amnesty provisions. The only thing that may save the day is that the Democrats are including many of the antiwar measures that the president has vetoed in previous bills. If the bill passes, it�s likely to be vetoed.

And Congress will be back to ground zero after Memorial Day.

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mjdup

05-31 09:50 AM

Just contributed...

The math does look good pthoko but do you think all 13K will step up especially the ones whos PD has become current !

I'd be glad if atleast 1K contribute. Can you imaging the power IV core will get with 1.3 mil, I can only say WOW !

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saimrathi

08-22 02:53 PM

Any ideas about this query?

Thanks for the reply gc_chahiye.
If i upgrade my H1 to premium, would they upgrade and process my wife's H4 in premium. I know that there is no premium for H4. If i would have opted for PP at the time of submission, both the apps would have been processed in premium, but now since we have separate receipt numbers for H1 and H4, would they be processed at the same time. Any past experiences?????

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singhsa3

08-19 10:13 AM

Admin/Moderators and other distinguish members,
Can we use this site for networking and socializing with people in similar situation and/or sharing similar vocations....
This would mainly include invitation for a public gathering and encourage others to come forward. Examples of nature of such public gathering:
1. Say people in finance sector meet and exchange thoughts
2. Religious in nature but will not be solicitation.
3. General meeting etc...
What do people in this forum think?
Thanks

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locomotive36

11-15 10:31 AM

Posmd,

Firstly, if you notice, this topic has been posted under 'Interesting Topics' category where everthing from Vonage to cinema are discussed. IV has such a category to discuss topics like this, which may not have any direct relation to immigration.

Secondly, the time it would have taken to post your meaningless rant, you could have cast atleast 3 votes for the CNN Hero of your choice and not necessarily Narayanan Krishnan.

Thirdly, I support Narayanan Krishnanan over the others because - To cook, feed and take care of homeless, mentally ill and abdoned people every day, rain or shine, in addition to sacrificing your own aspirations and material pursuits, is a noble deed. When selfless supreme beings like Narayanan Krishnan do things are they are doing every day, my heart goes out to him.

Again, you are free to vote for whomever you like or refrain from voting altogether. Its your choice. Iam spreading the word about the good deeds by a noble person.

My 2 cents.

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reverendflash

10-21 02:18 AM

real quick...

Grateful Dead... :sleep: :sleep: :sleep:

another thread maybe...:cool:

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vandanaverdia

09-10 12:44 PM

Calling all WASHINGTONIANS!!! Rise & shine....

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Shawn

August 9th, 2005, 11:09 AM

Times Square, this process would allow you to clear out all the people and if needed one could bring back the original colors of neon lights in Photoshop, also remove trailing & headlights of cars.

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pappu

05-19 01:56 PM

Congressional Reply says that the applicant is pending completion of background check. Previous congressional reply was that the name check is completed.

AILA is not getting any response from USCIS as per the lawyer.

How to check on the status of background check.


It is really surprising

- 2 Congressional checks revealed 2 different answers
- Lawyer organization AILA not getting response from USCIS.

I am sure you would have called customer service and after not getting satisfactory response, pursued other options

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Sunx_2004

10-10 12:36 PM

My application reached NSC on July 17th, No updates yet..:mad:

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desi3933

06-10 01:26 PM

Pl. help with your precious advice. I got laid off five months back. I kept hunting new job but could not get one. Now I plan to move out of the country. In the circumstances, is my employer who was holding my H1b during termination, liable to give return tickets to my base country ? Can I claim the same after five monthsof my termination since I failed to get any job? What about my family members?

Can anyone send any link emphasising this Rule so that I can quote that to my employer?
Any advice in this respect is highly appreciated. Thanks.


Three things here -

1. Your employer should have offered you one-way transportation ticket (its not air fare) to last known foreign address at the last day of employment.

2. The employee is not eligible for this fare, if he/she decides to stay in USA.

3. Since your last day on H1 was more than 60 days ago, it can't be termed as reasonable time to depart.

_______________________
Not a legal advice.
US citizen of Indian origin

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sledge_hammer

02-20 06:06 PM

1) What is her current status H1B or H4?
A) H1

2) how long can she wait to search job, assuming if she does not get job in next 2-3 months, how long will be H1B status Valid.
A) It is her employer's responsibility to cancel her H-1B if he did not pay her and offer the job she was promised. In my opinion, she is already out of status.

3) If she travels to india, will she has to get H1B stamped or she can re-enter on H4.
A) She will have to re-apply for H4 and re-enter the country.

4) What are the options to get her back on H4. I have to file my extension in sept-2009.
A) Contact an attorney.

Members,

I need some help to act in right direction.

In Oct -2008 my wife got H1B. She was on H4 before that. The employer is still searching client for her to start work. She has got no pay, as practically she never started work. She still have valid-H4 VISa till sept-2009.

1) What is her current status H1B or H4?
2) how long can she wait to search job, assuming if she does not get job in next 2-3 months, how long will be H1B status Valid.
3) If she travels to india, will she has to get H1B stamped or she can re-enter on H4.
4) What are the options to get her back on H4. I have to file my extension in sept-2009.

Feedbacks, as highly appreciated.

~cheers

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pa_arora

07-10 04:20 PM

India and China EB2 - 01OCT03

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ysharma

05-30 04:54 PM

Recently I sponsored my sister and her family to visit us in Summer of 2006. I had sent all the papers as required for applying for visitors visa. But the application was denied as consular was not satisfied.

Please suggest any ideas that could have helped in getting the visa. Since I was sponsoring her and taking full charge of her stay related expenses then why was it denied? What else is needed?

Thanks

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gcformeornot

05-21 04:30 PM

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GCard_Dream

04-05 06:18 PM

I guess the only question that remains now is if I beat the clock and am able to file I-485 (assuming everything works out in EB2 case) before the current H1B expires, what would my status be until I receive my EAD. My understanding is that is takes few months for the EAD to be approved but the H1 has long expired. Are you in status or out of status then?

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xbohdpukc

09-25 02:45 PM

If this is derivative, then how come H1 obtained should be counted towards H4. H1 is standalone and should not be counted.

Again, my wife is on H4 for 6 years and I did not get into 485 stage. Now she wants to go to India and come back after a one year break. If she comes back after a year on new H1, it would be fine for her. If she come back on H4, can she get a H1 after one year?

Any idea, whether this is possible?

Ur missing the point.
The number after the letter, which stands for the classification category is pretty much irrelevant for the purpose of determining the maximum period of stay. You might notice that in many publications USCIS addresses visitors to the US as being in B, H or L status, omitting the #.
As long as your wife maintains her H4 status properly (providing you maintain your H1 status) and as long as she possess necessary travel documents she is free to enter and exit the country.
As far as I understand she will not have any legal problem obtaining an H1 visa after staying out of the country for a year, as long as the visa # is available, she has a job offer etc.
But I do not believe that her H status clock will reset if she leaves the country for a year, then enter in H4 status (which is still a derivative and tied to your principal H status clock). Therefore she will not be able to change her status to that of H1.
Again, it's a pretty complicated matter and you might want to consult an experienced lawyer.

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