OLDMONK
06-16 08:19 PM
I am in similar situation in regards to my wifes H1B and EAD situation. Following is my understanding but could be wrong. there are gurus in this forum who have been digging rules for years and would certainly point out any indiscrepancies in my reply. Make sure you keep reading the thread for a couple of days.
I am currently living in the US on H4. I will be getting my H1 approval in a couple of weeks.
>>>WAS your COS (Change of status) applied while filing for H1B ?
What will be my status untill Oct 1st from the day my H1 is approved?
>>>You will be on H4.
Do they send a change of status to me as soon as I get my H1 approval? Or do I need to apply for change of status to H1 after I get approval?
>>>If you asked for COS it should come with H1B approval. Which would mean you are automatically on H1B status on October 1st. (if you dont start the JOB or you are not on payroll you are accumulating Out of status time.) The indicator for COS approved I THINK is you will get your I94 (printed on H1B document only, towards the end) with a date valid for 3 years in future starting October 1st. If new I94 is missing that would mean either COS was not applied or COS was denied (usually happens if you were out of status for some time).
>>>If COS was not applied/denied you need to stamp that H1B in home country or Canada or Mexico. Stamping can be before October 1st. You cannot start working until you have an H1B stamp. make sure you have a valid visa to come back to USA if H1B stamping is denied at canada or mexico assuming you are not canadian or mexican, else you would need to fly back to home country to get a stamp, directly from Canada or Mexico.
What will happen if I APPLY for my EAD (from my husband,being on H4) before my H1 is approved?
>>>With the flood of filings, It cannot be predicted if EAD can come before H1B. But if it comes, you can start working sooner.
What will happen to my H1 APPROVAL before Oct 1st, if my EAD gets approved on Sept 1st?
>>>It would be valid, I think those 2 can co exist. You will have a choice of working on H1 or EAD. Once you start working on EAD, H1 Status is no longer valid (my understanding could be wrong)
What will happen if I get my I20 before I apply for EAD or before my H1 is approved?
>>>No idea.
I am currently living in the US on H4. I will be getting my H1 approval in a couple of weeks.
>>>WAS your COS (Change of status) applied while filing for H1B ?
What will be my status untill Oct 1st from the day my H1 is approved?
>>>You will be on H4.
Do they send a change of status to me as soon as I get my H1 approval? Or do I need to apply for change of status to H1 after I get approval?
>>>If you asked for COS it should come with H1B approval. Which would mean you are automatically on H1B status on October 1st. (if you dont start the JOB or you are not on payroll you are accumulating Out of status time.) The indicator for COS approved I THINK is you will get your I94 (printed on H1B document only, towards the end) with a date valid for 3 years in future starting October 1st. If new I94 is missing that would mean either COS was not applied or COS was denied (usually happens if you were out of status for some time).
>>>If COS was not applied/denied you need to stamp that H1B in home country or Canada or Mexico. Stamping can be before October 1st. You cannot start working until you have an H1B stamp. make sure you have a valid visa to come back to USA if H1B stamping is denied at canada or mexico assuming you are not canadian or mexican, else you would need to fly back to home country to get a stamp, directly from Canada or Mexico.
What will happen if I APPLY for my EAD (from my husband,being on H4) before my H1 is approved?
>>>With the flood of filings, It cannot be predicted if EAD can come before H1B. But if it comes, you can start working sooner.
What will happen to my H1 APPROVAL before Oct 1st, if my EAD gets approved on Sept 1st?
>>>It would be valid, I think those 2 can co exist. You will have a choice of working on H1 or EAD. Once you start working on EAD, H1 Status is no longer valid (my understanding could be wrong)
What will happen if I get my I20 before I apply for EAD or before my H1 is approved?
>>>No idea.
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ihateh1
02-25 04:21 PM
Since your wife has a valid H4 she dosent need to get the stamping if the H4 is filed through your employer. couple of my friends have the same situation. one of them moved to H4 and her employer told if anybody asks then she can say she never joined the company...another friend of mine is running payroll for his wife by paying money from his own pocket...
gconmymind
08-19 03:11 PM
I will be in similar position if I get RFE for this. I guess all you can do is provide what you have and an explanation. Hopefully it should not be that big of an issue.
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nhfirefighter13
November 21st, 2005, 03:46 PM
#2 is my favorite.
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gmail
12-21 12:31 PM
Hi,
In another thread, IV is proposing only pushing filing 485 before priority date. I try to understand what the benefits are by filing it. For one thing, you can switch jobs after 6 months? How about setting up your own consulting company?
Regards,
In another thread, IV is proposing only pushing filing 485 before priority date. I try to understand what the benefits are by filing it. For one thing, you can switch jobs after 6 months? How about setting up your own consulting company?
Regards,
learner
09-20 09:53 PM
Situation: approved I-140 (EB-2), getting close to 5th year of H1B.
questions:
1. if i change employers, can I use my priority date even though my employer has not given me a copy of the filed/approved I-140? If i can, what if the old employer cancels the i-140: can I still use the PD from the approved 140?
2. if i start a new gc process with a new company, what stage of my GC should i be in so that my h1 can be extended beyond the 6th year? should the perm be filed or should the 140 be filed before the beginning of 5th year?
3. once h1 is extended beyond the 6th year for say 3 years, can I transfer my h1 to a new employer?
thanks.
learner
questions:
1. if i change employers, can I use my priority date even though my employer has not given me a copy of the filed/approved I-140? If i can, what if the old employer cancels the i-140: can I still use the PD from the approved 140?
2. if i start a new gc process with a new company, what stage of my GC should i be in so that my h1 can be extended beyond the 6th year? should the perm be filed or should the 140 be filed before the beginning of 5th year?
3. once h1 is extended beyond the 6th year for say 3 years, can I transfer my h1 to a new employer?
thanks.
learner
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gcformeornot
07-09 07:27 AM
join. I have seen so many friends working daytime at US clients and co-ordinating offshore work to these companies in nighttime and WEs. Plus their projects are mostly short term.... they move you a lot.....
GC processing policies are restricted to only very few Key account managers and marketing managers...
GC processing policies are restricted to only very few Key account managers and marketing managers...
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gcseeker2002
07-14 01:08 PM
Can someone confirm the same for BA via London?
London requires all travellers without valid visa stamping to have transit visa, hundreds of threads out there that discuss this.
London requires all travellers without valid visa stamping to have transit visa, hundreds of threads out there that discuss this.
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paskal
12-05 04:12 PM
Thanks but I'm not moving in that area.
he's moving exactly where we need him :-)
good desicion!
we are going to steal all the superwomen too from texas....need(s-no)help! when does that new job/move plan kick in? c'mon now we need you in some state with a dead chapter! Tx has too many riches...let's do some affirmative action...diversity...country quota...whatever...!
he's moving exactly where we need him :-)
good desicion!
we are going to steal all the superwomen too from texas....need(s-no)help! when does that new job/move plan kick in? c'mon now we need you in some state with a dead chapter! Tx has too many riches...let's do some affirmative action...diversity...country quota...whatever...!
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coopheal
11-06 06:57 PM
bump
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overseas
08-21 04:22 PM
I further checked with my companies attorney and also called USCIS and understood that I need to file EAD and AP with Texas service center as I live in Massachusetts.
I did paper filing and sent my application today.
I did paper filing and sent my application today.
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burnt
06-23 08:19 PM
Gurus, help needed urgently - I had mailed my I-765 on Saturday via express delivery to the Texas Service Center as I live in NJ. The address I sent it to was
USCIS
Texas Service Center
P.O Box 851041
Mesquite, TX 75185-1041
I checked my USPS tracking status, and it says the following
We attempted to deliver your item at 10:33 AM on June 23, 2008 in MESQUITE, TX 75185 and a notice was left. A second delivery attempt will be made. If unsuccessful, we will hold it for five business days and then it will be returned to the sender. Information, if available, is updated every evening. Please check again later.
Has this happened with anyone else? I cross checked the address and its correct. So what should be done in this case?
USCIS
Texas Service Center
P.O Box 851041
Mesquite, TX 75185-1041
I checked my USPS tracking status, and it says the following
We attempted to deliver your item at 10:33 AM on June 23, 2008 in MESQUITE, TX 75185 and a notice was left. A second delivery attempt will be made. If unsuccessful, we will hold it for five business days and then it will be returned to the sender. Information, if available, is updated every evening. Please check again later.
Has this happened with anyone else? I cross checked the address and its correct. So what should be done in this case?
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vivaforever
08-12 11:08 PM
Guys you think Sept Visa Bulletin is coming soon?
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GCwaitforever
10-16 05:07 PM
$500000 in a federally designated low employment area. $1 Million else where.
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alparsons
January 1st, 2005, 02:33 PM
Just realized I should mention that they look quite good as they are, and if you wanted to tinker with the stuff I mentiioned above I think you could turn it into something that would knock some eyeballs out.
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lostinretro
08-18 01:21 PM
Correct me if I am wrong.
They started premium processing for I140 so that they could stop parallel filing of 140 and 485.
Just wondering if anybody ever complains of I140 being slow? :p
They started premium processing for I140 so that they could stop parallel filing of 140 and 485.
Just wondering if anybody ever complains of I140 being slow? :p
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GC08
11-04 06:59 PM
Is this something to be concerned about, getting AP before EAD , both are of course 124 days since receipt date.
I don't know. It is just puzzling that some people got both while others only got one. What is the basis for approving AP?
I don't know. It is just puzzling that some people got both while others only got one. What is the basis for approving AP?
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gc03
10-20 10:31 AM
I went to stamping in Montreal on 10/10/06. No issues or problems. I also recommend to be prepared for a lot of questions, and take all the paperwork.
My visa was also expired in 2004. I got 3 years VISA stamp upon my 3 year extention approval.
Good Luck.
My visa was also expired in 2004. I got 3 years VISA stamp upon my 3 year extention approval.
Good Luck.
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crazyghoda
01-15 11:19 AM
No one cares how you exit. A lesser known fact is that most Mexicans who are here illegally catch a regular commercial flight when they visit their homes in Mexico.
Thanks a lot for your timely reply. I want to know does it matter how we exited US, I mean did anyone see your advance parole while leaving US.
Regards,
Ravi
Thanks a lot for your timely reply. I want to know does it matter how we exited US, I mean did anyone see your advance parole while leaving US.
Regards,
Ravi
JK747
03-05 11:20 AM
My wife had Henna on her hand when she went for her FP. The officer asked her did not take her finger prints and asked her to send that letter to their office by mail for re-scheduling the appointment. She sent the letter and got another appointment within 40 days. No problems in the second appearance.
chintu25
10-02 07:02 PM
Bump
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