siddhu98
03-16 11:37 AM
My wife is applying H1B this April 1st against 2007 year general quota and via regular process (not Premium Processing).
Currently she is on H4 with valid I797 (expiry date end of Oct 2007) and expired visa on her passport (June 2006).
She plans to visit India this June and get H4 visa stamp on sometime June 2nd week. She will be returning sometime end of August.
Do you see any problem in visiting India and getting H4 visa stamp (based on the current I797 or I may get an extension by June) while H1B application is pending? What will happen to the H1B approval as it will have current I-94 number? Do we need to go again to India and get stamping after October 1st for H1B?
Or need to wait until August for H1B approval and get the H1B visa stamping instead of getting H4 stamping on June?
Please clarify. Thanks and appreciate your reply.
Currently she is on H4 with valid I797 (expiry date end of Oct 2007) and expired visa on her passport (June 2006).
She plans to visit India this June and get H4 visa stamp on sometime June 2nd week. She will be returning sometime end of August.
Do you see any problem in visiting India and getting H4 visa stamp (based on the current I797 or I may get an extension by June) while H1B application is pending? What will happen to the H1B approval as it will have current I-94 number? Do we need to go again to India and get stamping after October 1st for H1B?
Or need to wait until August for H1B approval and get the H1B visa stamping instead of getting H4 stamping on June?
Please clarify. Thanks and appreciate your reply.
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LeapofFaith
07-12 11:38 PM
this should be intresting... it looks like I will be on IV the whole night
yabadaba
10-06 12:59 PM
Cases Affected by Limits on Annual Immigration such as Retrogression: 793,722
Family Based Cases: 682,936
Employment-based or Other: 110,786
this is what i dont understand. they say a visa number is deducted only when they can actually start working on the 485 (i.e when the priority date is current) so would it mean that there are still thousands of applications coming in every month for eb2 with priority dates prior to june 2002 that is causing this retrogression?
Family Based Cases: 682,936
Employment-based or Other: 110,786
this is what i dont understand. they say a visa number is deducted only when they can actually start working on the 485 (i.e when the priority date is current) so would it mean that there are still thousands of applications coming in every month for eb2 with priority dates prior to june 2002 that is causing this retrogression?
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jonty_11
12-14 03:50 PM
For people thinking canada, or H1 b with children, what should I tell them.
Go to canada no job, will not be able to keep familiy there. Don't tell me people are not able to find a job in US in this market.
It is up to people to think of Canada or india. India is faaaaar better.
More jobs, very well paying.. own house and family..
I like that jonty more than 6 months..
People have stayed years and not found a sensible job in canada.
Please read carefully the context of the 6 months I had mentioned...it was not for staying in Canada...but regarding police certificates for Can PR application froM Singapore
Go to canada no job, will not be able to keep familiy there. Don't tell me people are not able to find a job in US in this market.
It is up to people to think of Canada or india. India is faaaaar better.
More jobs, very well paying.. own house and family..
I like that jonty more than 6 months..
People have stayed years and not found a sensible job in canada.
Please read carefully the context of the 6 months I had mentioned...it was not for staying in Canada...but regarding police certificates for Can PR application froM Singapore
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ras
05-22 06:10 PM
Buddy, what were you doing for 40 days after your got terminated? If you knew it was coming you should have made efforts to transfer H1 or right after. If you transfer H1, then obviously INS will look for pay stubs etc from the last sponsoring co. Since you mentioned you never actually worked for them (if I understand this right) then you are in trouble. You can use EAD but you lose your H1 status. If you want to get back to H1 then you are back in the lottery mess to qualify for one. Obviously you need to decide what is important to you at this point. Marriage or your job/GC. Good luck.
I was in India and didn't know about it. As soon as I came to know I was under the impression it was easier to switch back and forth between EAD and H1 except that I may have to go to the consulate for visa.
I was in India and didn't know about it. As soon as I came to know I was under the impression it was easier to switch back and forth between EAD and H1 except that I may have to go to the consulate for visa.
snathan
03-16 01:53 PM
Stop advertising a lawyer. I find him very speculative. He wants everyone to come to his site and you are falling for it.
Sometimes I also feel the same about him.
Sometimes I also feel the same about him.
more...
jambapamba
07-13 06:54 PM
Jun 2007 was released after 5:30pm CST.
Around 9pm...
Around 9pm...
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mrsr
03-09 02:29 PM
Pd_recapturing,
Do you have any update from Infopass about your interfiling case?
Do you have any update from Infopass about your interfiling case?
more...
mna123
10-14 05:23 PM
So I am in some real mess ....
I married to a gal in 2007 during my visit to my home country but it did not work out b/w her and me due to some family reasons. (Not divorced just separated)
I came back to US in 2008 and applied for 485. My green card got approved and now my wife is in my home country and I am in US.
Now my wife and I have reconciled and I want to bring her to US.
Can I apply for her Green card and bring back to US ASAP w/o waiting for 5 years as I married before approval of my GC. I can get papers from my home country showing that I got married way before my GC approval.
I did not show at any stage in GC application that I was ever married. I thought the marriage is gone so why show it and now it could hurt me. I even dont remember if there was any question regarding marital status on 485 application.
Please help me other wise I would just have to cancel my GC and go back to H1 to bring my wife here. I cant leave her any more with our stupid relatives who might again break our marriage.
Please help , I am very desperate.
So I am in some real mess ....
I married to a gal in 2007 during my visit to my home country but it did not work out b/w her and me due to some family reasons. (Not divorced just separated)
I came back to US in 2008 and applied for 485. My green card got approved and now my wife is in my home country and I am in US.
Now my wife and I have reconciled and I want to bring her to US.
Can I apply for her Green card and bring back to US ASAP w/o waiting for 5 years as I married before approval of my GC. I can get papers from my home country showing that I got married way before my GC approval.
I did not show at any stage in GC application that I was ever married. I thought the marriage is gone so why show it and now it could hurt me. I even dont remember if there was any question regarding marital status on 485 application.
Please help me other wise I would just have to cancel my GC and go back to H1 to bring my wife here. I cant leave her any more with our stupid relatives who might again break our marriage.
Please help , I am very desperate.
So I am in some real mess ....
I married to a gal in 2007 during my visit to my home country but it did not work out b/w her and me due to some family reasons. (Not divorced just separated)
I came back to US in 2008 and applied for 485. My green card got approved and now my wife is in my home country and I am in US.
Now my wife and I have reconciled and I want to bring her to US.
Can I apply for her Green card and bring back to US ASAP w/o waiting for 5 years as I married before approval of my GC. I can get papers from my home country showing that I got married way before my GC approval.
I did not show at any stage in GC application that I was ever married. I thought the marriage is gone so why show it and now it could hurt me. I even dont remember if there was any question regarding marital status on 485 application.
Please help me other wise I would just have to cancel my GC and go back to H1 to bring my wife here. I cant leave her any more with our stupid relatives who might again break our marriage.
Please help , I am very desperate.
I married to a gal in 2007 during my visit to my home country but it did not work out b/w her and me due to some family reasons. (Not divorced just separated)
I came back to US in 2008 and applied for 485. My green card got approved and now my wife is in my home country and I am in US.
Now my wife and I have reconciled and I want to bring her to US.
Can I apply for her Green card and bring back to US ASAP w/o waiting for 5 years as I married before approval of my GC. I can get papers from my home country showing that I got married way before my GC approval.
I did not show at any stage in GC application that I was ever married. I thought the marriage is gone so why show it and now it could hurt me. I even dont remember if there was any question regarding marital status on 485 application.
Please help me other wise I would just have to cancel my GC and go back to H1 to bring my wife here. I cant leave her any more with our stupid relatives who might again break our marriage.
Please help , I am very desperate.
So I am in some real mess ....
I married to a gal in 2007 during my visit to my home country but it did not work out b/w her and me due to some family reasons. (Not divorced just separated)
I came back to US in 2008 and applied for 485. My green card got approved and now my wife is in my home country and I am in US.
Now my wife and I have reconciled and I want to bring her to US.
Can I apply for her Green card and bring back to US ASAP w/o waiting for 5 years as I married before approval of my GC. I can get papers from my home country showing that I got married way before my GC approval.
I did not show at any stage in GC application that I was ever married. I thought the marriage is gone so why show it and now it could hurt me. I even dont remember if there was any question regarding marital status on 485 application.
Please help me other wise I would just have to cancel my GC and go back to H1 to bring my wife here. I cant leave her any more with our stupid relatives who might again break our marriage.
Please help , I am very desperate.
So I am in some real mess ....
I married to a gal in 2007 during my visit to my home country but it did not work out b/w her and me due to some family reasons. (Not divorced just separated)
I came back to US in 2008 and applied for 485. My green card got approved and now my wife is in my home country and I am in US.
Now my wife and I have reconciled and I want to bring her to US.
Can I apply for her Green card and bring back to US ASAP w/o waiting for 5 years as I married before approval of my GC. I can get papers from my home country showing that I got married way before my GC approval.
I did not show at any stage in GC application that I was ever married. I thought the marriage is gone so why show it and now it could hurt me. I even dont remember if there was any question regarding marital status on 485 application.
Please help me other wise I would just have to cancel my GC and go back to H1 to bring my wife here. I cant leave her any more with our stupid relatives who might again break our marriage.
Please help , I am very desperate.
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chanduv23
02-07 04:38 PM
They won't be any better off here.Instead of being kicked out fair and square, they will be made to decay on H1 visas for 15-20 years. Talk of choosing a rock over a hard place. Besides, the British MPs seem to at least understand what skilled immigration means - here they will have the pleasure of being grouped with meat-packers and grape-pickers who matter-of-factly walked across the border.
I think its also a lesson for those tired of the US immigration system and considering moving to other countries - lets face it, immigrants are not exactly welcome anywhere. Either stick it out, or return to home country.
yes I shared my views with few friends who are moving to US on h1b from UK and advised them that grass is not greener here either. For some reason, a lot of people still do not understand the retrogression issue, anyways, when they come here they will know :)
I think its also a lesson for those tired of the US immigration system and considering moving to other countries - lets face it, immigrants are not exactly welcome anywhere. Either stick it out, or return to home country.
yes I shared my views with few friends who are moving to US on h1b from UK and advised them that grass is not greener here either. For some reason, a lot of people still do not understand the retrogression issue, anyways, when they come here they will know :)
more...
getgc2008
11-22 11:27 AM
I am still waiting. I created a SR and reply was to wait for biometrics. I am going to India in dec. Any recommendation on what to do if I still have not got the card?
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nomad
03-31 03:55 PM
Done
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hpandey
09-16 08:02 PM
The approval of h1 will not invalidate H4 visa. The usage of h1 visa invalidates H4 visa.
if you have h1 approved and don't join the company, then your h4 remains intact. Once you join a company on h1, you will fill out i-9 form, which informs the concerend authorities about your status change.
That's what I meant . Since he started usinlg the H1 his H4 visa was no longer valid . Doesn't that mean that if he goes back he will have to get some kind of visa stamped to come back ( either H4 or H1 ). Could someone throw more light on this situation.
if you have h1 approved and don't join the company, then your h4 remains intact. Once you join a company on h1, you will fill out i-9 form, which informs the concerend authorities about your status change.
That's what I meant . Since he started usinlg the H1 his H4 visa was no longer valid . Doesn't that mean that if he goes back he will have to get some kind of visa stamped to come back ( either H4 or H1 ). Could someone throw more light on this situation.
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vpadman
07-17 06:56 PM
I have an appointment set up with a doctor. However, the doctor is not listed as a USCIS authorized physician in the USCIS web site.
I called the doctor's office and they assure me that he does "immigration physicals" and has been doing them.( As a side note, there is another doctor in the same office who is on the approved list but he is on vacation)
Is the following website updated with list of eligible civil surgeons ? https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV
Please advise.
I called the doctor's office and they assure me that he does "immigration physicals" and has been doing them.( As a side note, there is another doctor in the same office who is on the approved list but he is on vacation)
Is the following website updated with list of eligible civil surgeons ? https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV
Please advise.
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mnkaushik
03-02 09:10 AM
You dont have to pay any taxes for tranfering money. It looks like you are supporting your parents by transfering your savings to their account.
Since the account is in your parents name and i am guessing you are not a jt holder since that is illegal in india. A NRI and indian resident cannot be joint holders of an account.
If you were transferring it to your nre or nro account in India then you are supposed to report the account information using FBIR form( if sum of amount in all acounts > $10K) and pay taxes in US on the interest earned in those accounts.
I was not doing it initially but for past 5 years i have been paying taxes and past three years reporting all my accounts to IRS.
Hope this helps.
Since the account is in your parents name and i am guessing you are not a jt holder since that is illegal in india. A NRI and indian resident cannot be joint holders of an account.
If you were transferring it to your nre or nro account in India then you are supposed to report the account information using FBIR form( if sum of amount in all acounts > $10K) and pay taxes in US on the interest earned in those accounts.
I was not doing it initially but for past 5 years i have been paying taxes and past three years reporting all my accounts to IRS.
Hope this helps.
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gc_buddy
07-08 02:21 PM
I don't think so. Atleast for E-filed applications, there are no instructions to send photo's. I did not send photos's last two times and had EAD approved.
You definitely need to send it even if you get BIOMETERICS
You definitely need to send it even if you get BIOMETERICS
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lazycis
12-20 12:52 PM
Recent update from Murthy seems to confirm our theory that I-140 has to be approved to interfile
Interfiling Issues : Cannot Switch I-140 Petition from Primary to Dependent
�MurthyDotCom
Interfiling is a procedure that allows an applicant to change the I-140 petition upon which the I-485 is based. Essentially, the I-485 is filed based on an I-140 petition, but the applicant wants to proceed through a new or different I-140 petition. Interfiling permits the individual to "switch" the I-140 upon which the I-485 is based.
�MurthyDotCom
In a scenario where both husband and wife have independent I-140 petitions filed by their respective employers, and where there is a set of I-485s (one for the primary spouse and one for the derivative spouse) filed with regard to one of the I-140s, there is no option of interfiling based upon an I-140 approval for the derivative spouse. This is because the roles of derivative spouse and primary applicant would have to be reversed in this situation. There is no mechanism when interfiling to shift applications from derivative to primary and from primary to derivative, therefore making them improperly filed with the other I-140 petition. Of course, if the same person has an EB3 and now an EB2 I-140 petition, the USCIS will allow the EB2 I-140 approval to replace the previously-filed EB3 I-140 petition approval.
Interfiling Issues : Cannot Switch I-140 Petition from Primary to Dependent
�MurthyDotCom
Interfiling is a procedure that allows an applicant to change the I-140 petition upon which the I-485 is based. Essentially, the I-485 is filed based on an I-140 petition, but the applicant wants to proceed through a new or different I-140 petition. Interfiling permits the individual to "switch" the I-140 upon which the I-485 is based.
�MurthyDotCom
In a scenario where both husband and wife have independent I-140 petitions filed by their respective employers, and where there is a set of I-485s (one for the primary spouse and one for the derivative spouse) filed with regard to one of the I-140s, there is no option of interfiling based upon an I-140 approval for the derivative spouse. This is because the roles of derivative spouse and primary applicant would have to be reversed in this situation. There is no mechanism when interfiling to shift applications from derivative to primary and from primary to derivative, therefore making them improperly filed with the other I-140 petition. Of course, if the same person has an EB3 and now an EB2 I-140 petition, the USCIS will allow the EB2 I-140 approval to replace the previously-filed EB3 I-140 petition approval.
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arrarrgee
07-13 11:24 AM
Any reason why we are all waiting for the August bulletin??? We alrerady know that the visa numbers aren't available for this year...and its also been mentioned by IV that the breaking news that everyonez expecting isnt about the visa bulletin....I am confused...could somebody throw light on this pls..why the wait?? :confused:
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bestofall
06-20 10:20 AM
simple action item , worked on this morning !
Nice approach --
Thanks
bestOfall
Nice approach --
Thanks
bestOfall
deafTunes123
08-28 09:54 AM
I am also in same situation. Two 140s (eb2 and 3) both have same PD. Have beed trying for interfile from last one year. I do not know if my case is eb2 or still in eb3. I enquired from Congressman and she told me that my case is assigned to a IO on 6th Aug so its in eb2. She is not listening to anything else after telling me this information. I have infopass on 2nd Sep. lets see ...
Good Luck dude. Please update after your info pass appointment.
Good Luck dude. Please update after your info pass appointment.
saimrathi
07-03 06:59 PM
On 7/3/07, Senator_Clinton@clinton.senate.gov <Senator_Clinton@clinton.senate.gov> wrote:
Dear Friend:
Thank you for taking the time to share your thoughts and concerns with me
via e-mail. I hope you will understand that, because of the volume of
e-mails I receive from residents of New York State, I cannot at this time
respond to messages received from residents of other states. I encourage
you to contact your U.S. senators if you have an issue or concern that
needs immediate attention. You can access your senators electronically by
visiting http://www.senate.gov/contacting/index_by_state.cfm for a listing
of their contact information. If you are still interested in learning
more about the work I am doing on behalf of New York State, I hope you
will continue to monitor my work through my website at
http://clinton.senate.gov.
Sincerely,
Senator Hillary Rodham Clinton
New York State
Dear Friend:
Thank you for taking the time to share your thoughts and concerns with me
via e-mail. I hope you will understand that, because of the volume of
e-mails I receive from residents of New York State, I cannot at this time
respond to messages received from residents of other states. I encourage
you to contact your U.S. senators if you have an issue or concern that
needs immediate attention. You can access your senators electronically by
visiting http://www.senate.gov/contacting/index_by_state.cfm for a listing
of their contact information. If you are still interested in learning
more about the work I am doing on behalf of New York State, I hope you
will continue to monitor my work through my website at
http://clinton.senate.gov.
Sincerely,
Senator Hillary Rodham Clinton
New York State
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