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  • up_guy
    02-22 10:05 AM
    My husband is working on H-1 B and his I -140 is approved and I am on H-4 visa. I am trying to get in US medical residency and most likely I will get J-1 visa

    I have following questions -

    1) Do I qualify for non-immigrant, J-1 visa considering my husband's I-140 approval? Would his I-140 approval not have my name associated to it ?

    2) Once I accept J-1 visa, would I be able to file I-485 when my husband's PD will be current?

    3) If I decide to quit residency after few months/year to file, would I be able to convert my J-1 visa to H-4 visa again?

    4) After converting H-4 visa would I be able to file I-485 once my husband's date is current?

    5) How difficult or easy is to get J-1 wavier

    Thanks in advance for your replied





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  • rajivkumarverma
    10-16 07:13 PM
    Again always track ur al aplications and DONT depend on lawyer .

    Yes you are right From next time I will do that





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  • socal117
    10-30 10:00 AM
    same here....July 2nd...nothing.....:mad::mad::mad:





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  • sledge_hammer
    06-09 05:25 PM
    By "have not run payroll since last 6 months," if you mean you were on "bench", then you are already out of status. You have more important things to worry about than your I-140 denial, like making sure you have a job, and you're getting paid!

    I'm sure you already know, but I'm going to say it again anyway - if you are here on H-1B, then you need to be working, and getting paid for it. There is no such thing as "bench" time.

    You must be working for one of those bodyshops that don't pay you when you're not on a project. If you did not have projects, your employer should have still paid your salary, or terminated your employment. Find out from your employer if he has sent a H-1B cancellation request to USCIS. Finally, get your employer to pay you for the 6 months. If he refuses, then file a complaint with DOL.

    Hi,
    I just came to know from uscis website that my I140 is denied. I have not received any documents from uscis as my name is in beneficiary. It will goto my employer. Than If he respond than I will know.
    I am currently on 7th year of h1 extension and having 2 weeks left on my h1. (22 june 2009)
    Not on project rightnow and have not run payroll since last 6 months.
    My employer is not responding to any of my emails and phone calls since 1 month.

    GC Filed: march 2005 in traditional process (not in PERM) EB3
    Labor approved : june 2006
    I140 filed: Nov 2007 - Denied end of may 2009.

    1) What are my options ?
    2) Can I use my current approved labor to get extension in new company after h1 transfer?
    3) If I transfer my h1 to another company, what about next year h1 extension? if company does not file GC at the time of h1 transfer. does 365 days rule apply in that ?



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  • techbuyer77
    06-20 07:09 PM
    nsc used to be slower than texas but now with the tsunami of applications on july 1st who knows





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  • larmani
    10-26 01:56 PM
    I believe if your H1 expires before your I-140 approval and your PD is less than 365 days you will not get 1 year extension. If I-140 premium process reinstates that is only chance otherwise you have to take vaccation and come back.



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  • sunny1000
    12-07 03:08 PM
    Thanks everyone for the replies. Appreciate it.:)





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  • rcauvery
    10-02 10:50 AM
    We just applied for a student loan and got approved. Here are a few things we found out during the course of applying for the loan.

    The only difference between you applying while on H1 vs. as PR/Citizen are the interest rates. Also if you are a PR/Citizen you qualify for a federal Stafford loan, which has the least interest rate and the best terms.

    If you are on H1 and you can get a PR/Citizen as a co-signer you can qualify for other private loans with lower interests than without a co-signer. The only issue with having a co-signer is that it their credit report is going to reflect the loan and could impact their credit worthiness.

    You [& co-signer] will have to send documents proving you are legal in this country. You need to fax - first page of passport, H1 approval, PR card [if you claim you are a PR]

    PS: Not all companies give Student loans to Non-Citizens or Non-PR's. While on H1 the best deal we found was at http://www.accessgroup.org/

    Hope this helps and good luck with school.



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  • a_yaja
    04-05 12:09 PM
    3. If new employer gives me the option to move permanently to its subsidiary in another country, what are the available option for me to continue with green card processing?

    You can convert your I-485 to Consular Processing (CP) and keep your GC process going. Since GC is for a future job, you can work this out with your employer. Basically, your employer has to support you so that when you are called for the consular interview, you need to be able to show documentary evidence that you will be moving back to the US and joining the same job at or above the advertised wage once your GC is approved.



    Are you sure AC21 is valid for Consular Processing? AFAIK, AC21 applies only to AOS applications. See Murthy's note on CP vs AOS @ http://www.murthy.com/news/UDaosvcp.html

    Also, if you move outside of the country permanently, why would one want to pursue GC option? GC is only for people who want to stay in the US permanently. After getting the GC, there are other conditions you need to meet to maintain your GC status - one of them is to have the US as your country of residence.





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  • wellwishergc
    07-13 10:41 AM
    - Take an infopass appointment at your local immigration office to check her approval status; If it is showing approved you are fine; then you would just need to contact the customer service at USCIS service center to find out where her approval letter is.
    - If her case is not approved, apply for EAD and AP if you have not done it already.

    Her 485 has been filed FOUR years ago sir.



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  • kiru_99
    10-30 02:25 PM
    I called the USCIS they told me that it is rejected b'couse of Filing Fee. I left a message to my lawyer & my employer they didn't get back to me yet. Waiting for there reply





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  • kaarmaa
    05-04 06:07 PM
    Hi kaarmaa

    Thanks for your response.
    I am guessing you had a 3 years extension after your 6 years and in your 7th year you transferred over just as a normal H1b would have done. Correct? So in this case, what is the significance of I-140 since your new emplyer will have to apply for PERM and LC again in any case?

    No.

    I'm in my 7th and my H1B is expiring this June. My new employer filed for a three year extension using my approved 140 copy.

    I-140 can be used to reclaim the old priority date.

    Please consult an attorney. I have knowledge limited to my case.



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  • prolegalimmi
    03-27 08:41 PM
    Prolegalimmi,

    Our team is in contact with NPR. Are you working with sunil on this?

    Thanks,
    Berkeleybee

    No Berkeleybee. I just wrote the comments to the editor, and would like to, and wanted to encourage others to do the same so NPR feels a need to bring this view to the public. There are 300,000 of us affected, if only everyone wrote about this to anyone they could. If I am duplicating efforts, my apologies.





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  • roseball
    10-17 07:55 PM
    Hello,

    I am on H1. I got laid off in March 2009 and have not got anything since then. So I dont have lot of amount in my W2 for this year I have my H1 extension (after 3 years) coming up next year (2010).

    My employer advised me to run payroll taxes for rest of the year, so that we could get W2 which would be helpful for H1 extension.

    I have following Questions - Is W2 required for H1 extension or would few pay checks suffice?

    Thanks!

    What is required for a H1 extension is a "JOB". You should try and get a job asap. Technically, you are accruing unlawful presence in the US since the day you are out of the job (unless you have a pending I-485). On top of that, what your employer is suggesting is illegal. Try to find a job asap and apply for H1 COE petition. You will be required to submit your latest paystubs though.



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  • neoneo
    07-17 12:26 AM
    My 140 was filed last week and I don't have the receipt number. Can I file 485 without I140 receipt number?

    Ask yourself.. how do people file concurrently ?! .. the only problem will be if your I-485 comes for review before I-140 is cleared. Then you'll get a notice for denial since I-140 is not approved. But what are the chances of that happening in todays scenario unless you have a very old PD>


    check it out with ur attorney.





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  • dealsnet
    01-08 09:36 PM
    No one can file I-485 without the PD for that person is current in the visa bulletin.
    You can replace your previous wife with a new wife at home, not with USCIS. !!!!!!!!!

    Hi,

    Just wanted to know how should one modify the immigration petition again after divorce and second marriage. Can the second wife name be added to 485 immediately or wait for the PD to become current? And how about EAD?

    Thanks



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  • needhelp!
    11-06 06:52 PM
    brij523.. Taking time out for IV even though you have your GC





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  • raysaikat
    09-02 08:43 AM
    You are on EAD. When you fill your I-9 form with the EAD info. your on EAD...but USCIS doesnt know about this...its up to the Employer to inform the USCIS but usually (or generally) the employer don't inform the USCIS,however I don't think its mandatory to inform USCIS. In any case its not on your shoulder to inform the USCIS.

    So, what I would do, is save the I-9 form (it must have the date when you signed) and pay-stubs...just to show that you have been on EAD, should you get any RFE regarding the status.

    Thanks....

    This is not correct. The OP's status is not determined by what he files in the I-9 form. The determining factor is the I-94 form, the latest one that is valid. If the OP got an I-94 attached to his I-797 form (usually one does), then s/he is in H1-B from the day printed on the I-94 form regardless how long does the EAD remain valid.

    AFAIK, if the OP wishes to remain on F-1 EAD, s/he can go out of the country before the H1-B I-94 starting date (Oct 1?) and reenter US on F-1 visa (i.e., the I-94 given at the port of entry would be for F-1). I do not know if there is any risk involved, or what would happen to the H1-B approval.

    ---------
    I am not a lawyer. Use at your own risk any information given by me.





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  • REQUIRE_GC
    02-15 12:04 PM
    My I140 is pending since MAR 07 (waiting for almost a year)from NSC...still no LUD or decision...its very frustrating:confused:

    See my signature





    axp817
    07-22 08:05 AM
    NSC has an interesting way of working. Oct 06 cases are pending and they are approving Dec 06 cases.... never think of predicting what govt is (in)capable of :D

    Look at Sayantan's signature, he is EB-1, not EB-2. EB-1 I-140 cases at the NSC, are a bit ahead of EB-2.





    GCWhru
    09-18 02:08 PM
    It is very surprising to see many 2004 numbers still pending. I know 2006 cases were processed in high numbers, but didn't expect these many 2004 pending cases.



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