martinvisalaw
06-01 06:06 PM
This is a very common question, especially with the number of layoffs now. I wrote some blog posts that explain the options, so please see these (http://martinvisalaw.blogspot.com/search/label/layoff)for more details: http://martinvisalaw.blogspot.com/search/label/layoff.
Elaine Martin
www.martinvisalaw.com
Elaine Martin
www.martinvisalaw.com
wallpaper The Voice: Battle Round #4
Beta_mle
04-15 08:42 AM
One of my minor dependents appears to have been out of status due to non renewal of their H4 visa. We thought that like the original application, dependents were covered by my renewal, found out too late that this is incorrect. Since then we have obtained renewals and the dependent in question now has an approved H-4 status, plus pending 485 and advanced parole.
I have been told though that time out of status is not counted against minors. Is this true?
Is there any risk in travelling out of the country to get visa stamped and returning? I understand this resets the clock. Can the embassy look into the history, find out that previous issue and deny the H-4 stamping because of it?
I am very discouraged by this long drawn out process. Any information would be appreciated.
PS: The minor in question just turned 14 years old. Could this be the reason?
I have been told though that time out of status is not counted against minors. Is this true?
Is there any risk in travelling out of the country to get visa stamped and returning? I understand this resets the clock. Can the embassy look into the history, find out that previous issue and deny the H-4 stamping because of it?
I am very discouraged by this long drawn out process. Any information would be appreciated.
PS: The minor in question just turned 14 years old. Could this be the reason?
tammman
07-21 03:48 AM
Hello IV Gurus,
Below is my info and kindly let me know your thoughts
My Current Status: H1B
EAD start date: 1st Nov 2007 (Didnt start using it yet)
Occupation Title: Computer Software Enginner
OES Code: 15-1031
New Position: Sales Consultant
For the Sales consultant position the description is much more technical and macthes 50% with whats Computer Software Enginner.
1. What are the immigration steps that need to be considered for the portability(AC21) ?
2. If new corporation says we cannot do the portability because of say OES code or something else what are the options to still take the job ?
Let me know !!
Below is my info and kindly let me know your thoughts
My Current Status: H1B
EAD start date: 1st Nov 2007 (Didnt start using it yet)
Occupation Title: Computer Software Enginner
OES Code: 15-1031
New Position: Sales Consultant
For the Sales consultant position the description is much more technical and macthes 50% with whats Computer Software Enginner.
1. What are the immigration steps that need to be considered for the portability(AC21) ?
2. If new corporation says we cannot do the portability because of say OES code or something else what are the options to still take the job ?
Let me know !!
2011 The Voice Battle Round - Devon
akkakarla
08-05 05:38 PM
I am having a proiblem with the I140 approval and I485 visa requested in wrong category. My Labor Certification is filed in EB3( BS with 2 plus years of experience). The company does not want to take risk hence filed in EB3 category.
After the labor certification is approved I filed my I140 in EB2 with the appropriate documentation qualifying for the upgraded/change position with additional skills and my I140 got approved in EB2 and the approval has 203 (b) 2.
After filing I485, interview is scheduled and the officer satisfied that the documents are sufficient and I am approveable the Immigration Officer requested visa number and came back saying no visa number is available hence we need to wait. At the time of interview(Ocotber 2005) both EB3 and EB2 are retrogressed. The officer did not give any sort of documents hence did not know anything such what category he requested what code did he use.
In July 27th the Immigration Officer mentioned that the previous officer requested the visa number in EB3(E37). I spoke with an attorney who said that it is possible to change and hence taken the steps to correct the error/mistake of wrong EB Category.Because of this wrong category I did not get visa number.
What are my chances that the USCIS goes back and corrects the error and put back in EB2 and request number in E21 or E26.I already sent the letters of my I140 approval, receipt of I140. What process should I take apart from reaching out CIS Ombudsman, Congresswoman,Senator,self letter addressing to the USCIS about the error and the potential long waiting periods for no fault of mine.
Any suggestions?
After the labor certification is approved I filed my I140 in EB2 with the appropriate documentation qualifying for the upgraded/change position with additional skills and my I140 got approved in EB2 and the approval has 203 (b) 2.
After filing I485, interview is scheduled and the officer satisfied that the documents are sufficient and I am approveable the Immigration Officer requested visa number and came back saying no visa number is available hence we need to wait. At the time of interview(Ocotber 2005) both EB3 and EB2 are retrogressed. The officer did not give any sort of documents hence did not know anything such what category he requested what code did he use.
In July 27th the Immigration Officer mentioned that the previous officer requested the visa number in EB3(E37). I spoke with an attorney who said that it is possible to change and hence taken the steps to correct the error/mistake of wrong EB Category.Because of this wrong category I did not get visa number.
What are my chances that the USCIS goes back and corrects the error and put back in EB2 and request number in E21 or E26.I already sent the letters of my I140 approval, receipt of I140. What process should I take apart from reaching out CIS Ombudsman, Congresswoman,Senator,self letter addressing to the USCIS about the error and the potential long waiting periods for no fault of mine.
Any suggestions?
more...
immique
07-20 09:10 PM
it is my understanding that she just needs your H1 approval notice, employment letter, your pay stubs etc. I don't think she even needs her H4 approval notice for her H4 stamping. I am very sure that only your H1 related documents are needed(she needs your original H1 approval)-please check with your lawyer
Me and my wife filed H1B extension through a company. I moved to consulting after my extension is approved. The consulting company filed my H1B transfer which is approved recently. Unfortunately my employer (the consulting company I moved to) dint file for my wife's H4 extension and he told that was not needed.
My question is can my wife with the petition approved from my previous employer to get her H4 stamped in India?
Me and my wife filed H1B extension through a company. I moved to consulting after my extension is approved. The consulting company filed my H1B transfer which is approved recently. Unfortunately my employer (the consulting company I moved to) dint file for my wife's H4 extension and he told that was not needed.
My question is can my wife with the petition approved from my previous employer to get her H4 stamped in India?
gcloner
04-15 01:00 AM
You need to bring more clarity in your questions. Has your GC been approved and you are waiting for it to arrive in mail? or it is still pending approval. You do not need any visa to leave US. You will need it to get back in.
Be more clear in your questions and someone will reply.
sorry bout that. gc is still pending in NSC for approval.. had my valid h4... can i still use it incase i stayed in my country for like 7 mos. and gc was approved right after i left the US, can i still go back here in the US with just the valid h4????
Be more clear in your questions and someone will reply.
sorry bout that. gc is still pending in NSC for approval.. had my valid h4... can i still use it incase i stayed in my country for like 7 mos. and gc was approved right after i left the US, can i still go back here in the US with just the valid h4????
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Tommy_S
05-11 02:32 AM
Titles are completely unreadable.
2010 Raquel Castro vs.
anilsal
12-11 01:53 PM
When you reach NSC or TSC, you talk to an IO. Who really is an IO? Are they first line of customer service at the centers? They then send requests etc to officers handling your cases?
I am trying to understand the relationship between the Customer Service agents, IOs and the case workers.
I am trying to understand the relationship between the Customer Service agents, IOs and the case workers.
more...
mohanrajgoyal
04-21 08:05 PM
Hi
I have appied EAD and AP together for me and my wife.
I didn't receive the receipt notice for my wife EAD but the check is in cashed. when my wife called TEXAS center, IO told it was rejected by mistake and reprocessed.
She will call again tomorrow to find more. Her online status is still, petition is not signed and rejected. Application mailed back. But I didn't get the any document in mail.
Mohan
I have appied EAD and AP together for me and my wife.
I didn't receive the receipt notice for my wife EAD but the check is in cashed. when my wife called TEXAS center, IO told it was rejected by mistake and reprocessed.
She will call again tomorrow to find more. Her online status is still, petition is not signed and rejected. Application mailed back. But I didn't get the any document in mail.
Mohan
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sioux
01-31 10:38 AM
anyone?
we still have not got the rfe. our lawyer has not received it either.
any help is appreciated.
we still have not got the rfe. our lawyer has not received it either.
any help is appreciated.
more...
PlainSpeak
02-10 12:40 PM
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sparky123
07-16 05:27 PM
*** Deleted since it was posted twice....sorry ***
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Ruta
07-28 01:34 PM
sorry for my ignorance.. But is that again July 2nd (receipt date on my application) or date they issue me Receipt #?
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dassumi
09-03 11:22 AM
I saw the democratic candidate debate yesterday, he does not look like he has a remote chance to stand up to her. She has this multi million dollar agenda and the good people of Arizona have bought into this BS. Sadly, she will be elected again.
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cr125rider
04-16 01:56 AM
It all good man. Just link would be cool, how do I get PS:CS to not antialias it when I amke it bigger?
dresses The Voice: Round 3 of The
cilantro
11-28 08:39 AM
My wife has H4 stamped and valid till Nov 2008 but from Oct 2007 she changed her status to H1B. She has I797. My question is when she goes to India does she need to stamp H1 B or she can reenter on already stamped H4 ?
Please Let me know this information.
Please Let me know this information.
more...
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indianabacklog
12-05 11:00 AM
My husband has a pending I-130 visa petition (I am a US citizen, he's Italian, we live in Italy). Can anyone tell me whether he is permitted to enter (and exit, as we are still residents in Italy) the US on holiday (departure 19 dec)?
I have not found any specific details in regard.
In what capacity will he be entering the US? Does he have a visa?
I have not found any specific details in regard.
In what capacity will he be entering the US? Does he have a visa?
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curiosity_76
08-15 11:41 AM
So does it mean if 140 is approved in TSC, we can file 485 to TSC even before 7.30?
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jliechty
January 3rd, 2005, 08:20 PM
That works, too. I like it. :)
bbct
02-04 09:04 AM
On your I-485 approval, H4 status is lost and no longer valid.
PHANI_TAVVALA
12-15 02:47 PM
If she is currently on F-1 and if she wants to maintain F-1 when she comes back she will need to go to the embassy and get her F-1 visa. If she enters U.S on old unexpired H4-Visa her F-1 visa becomes invalidated and she won't qualify for OPT/CPT etc.
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