DDD
03-13 10:00 AM
i do not see a picture.
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loku
08-16 08:03 PM
I was on H-1 and got laid off on July 23. I filed for COS to H4 online on the same day and got the electronic receipt the same day. As I had filed I-539 after work hours, the receipt shows that USCIS received my application on July 26 instead of 23. I got the paper receipt in next 3 days. I hope this will not create any problems as my employer sent notification to USCIS on July 31 and I received my last paystub on July 31 though it was only till July 23. I have been working in US with good status for last 5 years.
Now I have some questions. Any help is greatly appreciated:
1) I recently got two Job offers from different consulting firms. When I told them that my H4 status is still pending, their attorneys told me conflicting things.
- One employer's attorney said that I have to wait till my H4 is approved and only then they could apply for my H1. At this time I have not status and they cannot file my H1.
- The other employer's attorney said that I could apply for H1 while my H4 is still pending by giving pending petition reference in the new H1 application. This will let USCIS adjudicate both the pending status together and there will be no problem for my H1.
Which one of them is correct ? What are the risks involved if I go with the advice of second attorney? Is there a possibility that filing H1 increases the chances the both my H4 and H1 applications are rejected and I could be OOS ?
2) Second question is that the second employer wants me to start immediately after I get H1 receipt. Am I eligible to work on a receipt with my situation or do I need to wait for the complete approval ? What if I get an RFE ? As this is a consulting firm, they have work order from end client for only 3 months and it will be renewed after every 3 months. Will this 3 month work order will create any problems ?
3) What is my current status ? Will the current time while H4 is pending will be counted against H1 or H4 ? As I have only a little over year left in my H1, it is important for me to know how much valid time I have left for H1. This processing time could go in months if I get an RFE.
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Now I have some questions. Any help is greatly appreciated:
1) I recently got two Job offers from different consulting firms. When I told them that my H4 status is still pending, their attorneys told me conflicting things.
- One employer's attorney said that I have to wait till my H4 is approved and only then they could apply for my H1. At this time I have not status and they cannot file my H1.
- The other employer's attorney said that I could apply for H1 while my H4 is still pending by giving pending petition reference in the new H1 application. This will let USCIS adjudicate both the pending status together and there will be no problem for my H1.
Which one of them is correct ? What are the risks involved if I go with the advice of second attorney? Is there a possibility that filing H1 increases the chances the both my H4 and H1 applications are rejected and I could be OOS ?
2) Second question is that the second employer wants me to start immediately after I get H1 receipt. Am I eligible to work on a receipt with my situation or do I need to wait for the complete approval ? What if I get an RFE ? As this is a consulting firm, they have work order from end client for only 3 months and it will be renewed after every 3 months. Will this 3 month work order will create any problems ?
3) What is my current status ? Will the current time while H4 is pending will be counted against H1 or H4 ? As I have only a little over year left in my H1, it is important for me to know how much valid time I have left for H1. This processing time could go in months if I get an RFE.
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diptam
08-12 11:27 PM
Hope this helps ..
Hi,
My wife and I applied for the AOS (I-485, EAD and AP for my wife and I-485 for me). I was wondering
1. As to who will receive the receipt number? Will my attornery receive it or will I receive it?
Ans> If you attorney sent the app he will receive RN. I will receive ( if it at all comes ) at my home because i didn't hire an attorney.
2. Will it be a letter or an email from USCIS?
Ans > Letter in USPS mail.
3. I am the primary applicant. My wife may be offered a permanent position with the company she is working for on a consultant basis. Now the question is - Can she take the offer before her EAD is approved? I mean to say - Can she transfer her H1B processed for the company? Will she have any problem with the AOS application as her paper work (new I797) is changing? We are very confused with this.
Ans > If she has an valid H1B let her take the new offer by transferring H1B( if that company does H1B transfer) . EAD can be kept in lockers.
As long as she sent the latest I-797 when the AOS was applied that should be fine. Worst case USCIS may ask the new I-797 in an RFE.
Really appreciate your answers!
Thank you very much!
Hi,
My wife and I applied for the AOS (I-485, EAD and AP for my wife and I-485 for me). I was wondering
1. As to who will receive the receipt number? Will my attornery receive it or will I receive it?
Ans> If you attorney sent the app he will receive RN. I will receive ( if it at all comes ) at my home because i didn't hire an attorney.
2. Will it be a letter or an email from USCIS?
Ans > Letter in USPS mail.
3. I am the primary applicant. My wife may be offered a permanent position with the company she is working for on a consultant basis. Now the question is - Can she take the offer before her EAD is approved? I mean to say - Can she transfer her H1B processed for the company? Will she have any problem with the AOS application as her paper work (new I797) is changing? We are very confused with this.
Ans > If she has an valid H1B let her take the new offer by transferring H1B( if that company does H1B transfer) . EAD can be kept in lockers.
As long as she sent the latest I-797 when the AOS was applied that should be fine. Worst case USCIS may ask the new I-797 in an RFE.
Really appreciate your answers!
Thank you very much!
2011 quote tattoos on rib cage for
factoryman
06-21 02:36 PM
I did stay at Holiday Inn last night.
Please advise,
I had a citation 3 yrs back and I paid fine in the court for tresspasing...
Is this going to be effect on my GC process..I am preparing to apply I-485
Thanks in Advance
Please advise,
I had a citation 3 yrs back and I paid fine in the court for tresspasing...
Is this going to be effect on my GC process..I am preparing to apply I-485
Thanks in Advance
more...
kshitijnt
04-17 07:13 PM
Hello,
I am here on a H1B visa and my wife is on a H4 Visa. She has recently been admitted to a masters program and would start going to school soon.
1. We want to get a F1 visa for her, so that she can get paid for some work in the campus. Would it be possible to get the F1 visa in Canada. Does anyone have any recent experience on getting this done ?
2. Say we not apply for a visa but only apply for a change of status and do not even go to India or anywhere else before the completion of her program. After that she would go on an OPT. If we go to India then, would it not be a problem in getting a F-1 visa, as her education would already be complete. Does it mean that she should get her visa stamped before she completes her education.
Thanks,
Gaurav
Hi Gaurav-
I do not recommend getting a stamp from canada. Sometimes the Consular officer there can not ascertain her past academic record and her F1 may get rejected. I think you should file I539 to change status. That is safest. If, by chance, I539 is rejected, she can apply for F1 at US consulate in India.
I would advise that you guys travel to India one semester before she completes her studies. One of my wife's friend did that and her F1 was approved despite changing status in US from H4 to F1.
My wife is also in same situation and has F1 status after changing it from H4. She will be graduating this summer but we may travel to India as not travelling will mean she is away from her family for too long.
I am here on a H1B visa and my wife is on a H4 Visa. She has recently been admitted to a masters program and would start going to school soon.
1. We want to get a F1 visa for her, so that she can get paid for some work in the campus. Would it be possible to get the F1 visa in Canada. Does anyone have any recent experience on getting this done ?
2. Say we not apply for a visa but only apply for a change of status and do not even go to India or anywhere else before the completion of her program. After that she would go on an OPT. If we go to India then, would it not be a problem in getting a F-1 visa, as her education would already be complete. Does it mean that she should get her visa stamped before she completes her education.
Thanks,
Gaurav
Hi Gaurav-
I do not recommend getting a stamp from canada. Sometimes the Consular officer there can not ascertain her past academic record and her F1 may get rejected. I think you should file I539 to change status. That is safest. If, by chance, I539 is rejected, she can apply for F1 at US consulate in India.
I would advise that you guys travel to India one semester before she completes her studies. One of my wife's friend did that and her F1 was approved despite changing status in US from H4 to F1.
My wife is also in same situation and has F1 status after changing it from H4. She will be graduating this summer but we may travel to India as not travelling will mean she is away from her family for too long.
lecter
June 12th, 2005, 04:54 PM
strawberry looks yummy!!!!
be careful with lens addiction (ehheheheheh)
Rob
be careful with lens addiction (ehheheheheh)
Rob