bradley emmanuel

This is correct. Only your attorney will get the RFE.

I got Medical RFE, it was sent to me as well as to my attorney. In fact I got it a week earlier than attorney got.

My wife is on H4 and is exploring the posibility of converting to a H1. She recently went for her first interview and the people over there told her that there is a new rule for H4 to H1B conversion. According to them, she needs to go to India and get her H1B stamped before she can start working. Is this true? As far as I know, all one needs is an approved I-797 (for I-129 petition) indicating that the approval is for change of status to H1B (meaning that the approval notice has a I-94).

Please let me know if there is any merit in the above statement?

Thank You so much. Found this thread just in time when I was searching for insurance from my Parent's visit to US.

This is the loophole that needs to be plugged for the SKIL to work successfully. The one clause that need to be added is that the advance degree must have been completed before the LC was filed / approved so that acquiring education in excess of a Bachelor's does not become a ground for exploitation. Also, Online MBA's, M.S and other programs are not accredited by their respective boards anyway, meaning it’s a good 1 1/2 to 2 years of FULL TIME graduate school to get ahead of the line.

Haha this is great :D

Under Part 3.

What should one put for
1. Nonimmigrant Visa number
2. Date Visa Issued
3. Consulate Where Visa was Issued.

I'm currently on a valid H1 extension with a valid I-94. The visa on passport has expired and I had got an extension within US. Anybody any ideas????

Mr. EndlessWait -

You extended your status, not visa. Please get your basics correct.

1. Nonimmigrant Visa number
Visa Number for the last issued visa (does not matter if is expired)
2. Date Visa Issued
Date of Issue for Visa in #1
3. Consulate Where Visa was Issued.
Place of Issue for Visa in #1

Good Luck


Please check and verify details with your attorney/lawyer. This is NOT a legal advice.

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Permanent Resident since May 2002

Most folks here would have used a lens to double check their APplns before mailing it.

If your friend wants to know ask him to join IV , why are you proxying for him > He shud be more worried than you. Pls talk to a professional lawyer on this situation, I am sure none of the folks here can advise on this,

Please

I just returned from my 4 days cruise with a stop at Calica, Mexico. Here is my experience with the Customs and Border Patrol officer at the Port of Miami:

I told him that we had applied for green card and handed him the original AP approval notices. He went through our passports to look at our visa stamps. He pointed out that the Visa stamps in our passports had expired, he asked me if I still work with the same company, I answered "Yes" and handed him our new H1 extension approval notices. He looked at the documents (guess looked at name and validity dates) and then took all the documents to another officer.

After returning to his desk he justed entered some data into their system (I think our passport numbers) and told us we were good to go. He did not take our AP notices and did not issue new I-94.

(while embarkation the Carnival staff had looked at our AP notices and hence had not asked for our old I-94s).

I wish all of us a very happy new year.

What happen to a person with H1B and then EAD. Main job he continues with original employer who file GC and take a partime like working in a store. What will be the interpretation and Can he do that?

Senior pl give advice.

O.K. Once you get EAD being a H4 Visa holder you can do multiple jobs in multiple field as you were having H4 status. But now if you are having H1 status then you can do multiple jobs with all jobs having similar description to the job description for what your original employer filed your green card (485).

Now real question should be "Should I use EAD or Should I be on H1/H4?"

If U choose to use your EAD than from that moment your H status expires. In normal circumstances you would not care. But in reality your 485 process will still continue for years and say unfortunately something bad happen to your 485 process and get denied then you will have one choice that is to leave USA. But if you have maintained your H status not using EAD then in that kind of scenario you still keep working and staying in USA.

Admin :
This kind of question should be banned. You should have some self-respect and show the same towards your native country. If you know you can do it, whats the point of making it public. Go get it done. Are you asking IV to pay the sum on your behalf also ?

I agree with you strongly, with microfrost. I have heard people talking about their country men are stupid, driving on the wrong side and bla bla...... Comeon guys have some self respect and watch out, when you speak.
Somebody gave you red, I just turnred it to green.

I got my H1B visa inside the US and when I went to the consulate, the lady refused to stamp my visa. I had to go to the passport office and get an "observation" that my name should be read as
First Name : "FirstName"
Last Name : "LastName"

Thanks for the info vxg. Thanks for sharing.
So, did you notify USCIS at any stage about your promotion ?

My duties increased, in past i was doing more tech work now i mostly manage people who do the same tech work but as i said it's all subjected to the lawyer and employer.

I am a July fiasco survivor. My 485 has been filed through AOS, so no worries there. I was supposed to get married in a few months, but my fiancee has rushed down to the US on her tourist visa. The plan was to get a civil marriage certificate done and have her atach her AOS with mine. Lawyer has now informed me that she needs to stay here till she gets AP otherwise the application is considered 'abandoned'. She has a life in her home country that she needs to get back to, She can't just drop everything and park herself here for the 4-6 months that AP is likelt to take for July applicants. Does anyone have any advice, or a similar situation? As I see it, my options are -

1. File AOS for her and let her leave, and take the chance that they will track her departure and cancel her application. If this happens, is she allowed to refile if the PD becomes current later?

2. Rush out of the US with her to get her back in on H4 visa. Challenge here is that it is near impossible to get an appointment at a US consulate before the 17th Aug window closes.

3. File her application through CP. She doesn't get interim benefits that way. Given my PD of EB3-June 2006, I'm not expecting a GC for at least 3 years, so this option really sucks.

Any suggestions from the community out there?

Did you ask your lawyer about "rushing back to India, getting married and she comes here on tourist visa. She can file for AOS and EAD/ AP"?

One more thing about getting married here on B1/ B2 and filing for AOS. I have heard of a case where the AOS was denied for a similar case. A person came the US on a visitor's visa and married a US citizen and applied for AOS. USCIS denied her AOS because they claimed that she falisified her visa application for B1/ B2 by stating that she had no immigrant intent but she did infact have an immigrant intent by coming over here and marrying a US citizen and filing for AOS.

While your case is not exactly the same, USCIS could use the same reason if you get married here. But getting married in India will not have the same effect because getting married in India does not show immigrant intent on her part.

Best to ask your lawyer.

Its better to take it from India. Check with ur travel agent.
Also note that pre existing conditions are not covered in most of the insurance plans.

Rajesh

At the time of 485 approval if future employer (B) is responging to RFE then yes you must work for long-term with B, however, in today's world 6 months is considered long-term.


Well, are you sure I would need to work for this "future employer" for 6 months?

AC21 does not have a limit on the number of times you switch employers. Technically, if you were working for Employer A at the time of the RFE and submit a EVL from Employer A, you could then switch to Employer B immediately on AC21. In this scenario, I haven't worked with A for 6 months.

Is this scenario different because A is not a future employer?

I agree that we need to add a poll on how many are already waiting for adjudication in I-485. This will give a better understanding of visa dates will move going forward. I am sure state dept doesn't expect people applying in June to get their GC anytime before 2008.

Folks, I just called and left VM's with all on the list. It is very simple and takes less than 15 minutes in total. If you are someone that is 'shy' or 'afraid', dont worry... you are speaking to an automated voice and leaving a message. Get over those nerves. Helps when you call again and speak with a real person. Remember, they are here to serve us and help us.

So, please take 15 minutes to call and leave these requests.

Cheers!

Enjoy the freedom.

Good Luck with next endeavor (citizenship I guess!!:))

If we have an AP, then do we still require a transit visa?

I am thinking of traveling by qatar airlines. I believe they dont have any transit visa requirement.

Probably because Lot of people in IV are hurting because of people who jumped the line by using somebody else�s LC and people are getting ahead of some one who are there in line for 6-8 years.\

I am NOT the one who gave you red. I never give anyone red even if i don't like the post..

I will just give you my "green"

Thanks SKD.....I appreciate your green.

Lot of people in IV are hurting because of people who jumped the line by using somebody else�s LC.
>> I agree with that, but it was not intended. Actually when I applied for substitute labor, I didnt know what was the importance of GC. I applied within 15 days, of my arrival in usa, since my employer asked me to (for financial purpose). I woe the day I signed the papers. My life has been (worse than hell) at the mercy of my employer. I came here temporary, thinking will enjoy life here in USA for a few years. You don't have such issues in Europe.

Hi,
Presently I am on H1B and my husband on H4 visa. I have to go to India permanently, so can my husband stay in USA on H4 visa while I am in india ? my husband is not willing to go to india at all. I tried hard all the way to make him convince. Can I travel alone without him ? what will be the problem in future for visa? please advise.

Thank you!

Kav