sbmallik
06-12 03:30 PM
Yes, you can stay in US as long as your I-485 is pending. In order to work, you need EAD, which you can file at any point of time (even if the previous one gets expired). Please note that you have to wait for the I-765 approval before stating to work on EAD.
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amoljak
03-24 09:30 AM
Read this thread:
http://immigrationvoice.org/forum/showthread.php?t=346
http://immigrationvoice.org/forum/showthread.php?t=346
vikki76
10-02 10:01 PM
Just want to double confirm, are you sure that if G-28 is filed along with I-485, ONLY lawer receives RFE letter. Can you please point to any official link?
I left my old job where I filed G-28 with I-485. At my new job, HR in immigration department are telling me that there is no need to file G-28 since RFE is received by the applicant. Nor they recommend filing AC21. So no G-28 no AC21
Please guide.
I changed my company and filed G-28. My RFE went to new lawyers only. I didn't get any personal letter. My new company was adamant to file AC21 and G-28. Real glad that I did that!
I left my old job where I filed G-28 with I-485. At my new job, HR in immigration department are telling me that there is no need to file G-28 since RFE is received by the applicant. Nor they recommend filing AC21. So no G-28 no AC21
Please guide.
I changed my company and filed G-28. My RFE went to new lawyers only. I didn't get any personal letter. My new company was adamant to file AC21 and G-28. Real glad that I did that!
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kpchal2
03-17 10:53 PM
hi desi, even though i did not explicitly state that i want to port it, will it be automatically be ported. it seems like they see that first date as my priority date but i want to confirm it 10 times or more (due to the stuopidity of USCIS) before i jump in excitement.
more...
immigrationvoice25
01-24 12:26 PM
Sudha -
I had a similar case. I would suggest going to India because they have handled similar cases (such as mine) and have a better chance of understanding your situation.
You should read my post. I had described the issue along with resolution...and there is good advice/dialouge with the members
http://immigrationvoice.org/forum/forum87-out-of-status-employment-gap-and-status-revalidation/22794-urgent-h1b-revoked-for-past-6-months.html
Best of luck!
I had a similar case. I would suggest going to India because they have handled similar cases (such as mine) and have a better chance of understanding your situation.
You should read my post. I had described the issue along with resolution...and there is good advice/dialouge with the members
http://immigrationvoice.org/forum/forum87-out-of-status-employment-gap-and-status-revalidation/22794-urgent-h1b-revoked-for-past-6-months.html
Best of luck!
uma001
06-23 09:10 AM
Although I filed the Labor Certification Application (regular filing) in mid 2004, I couldn�t apply for I-485 in July/Aug 2007 because my LC was still pending at that time. Later in 2007 I got the Labor Certification and in 2009 I received the I-140 approval.
While may case was stuck in a DOL backlog elimination center, many people who started their permanent residency process in 2005, 2006 and 2007 were able to take advantage of the I-485 filing window because of RIR and PERM filings.
I am wondering if I could request USCIS to extend to me the same EAD Card benefit that applicants with a later priority date are enjoying. Is it something I can appeal to an immigration board or to an immigration court? I have been working in H1B since 1999. Would 11 years in H1B (and 3 years in F1 prior to that) carry any humanitarian consideration in a court of appeal?
Could someone please advice?
Thank you.
I feel sorry for you. I came to US on H1 in 1998.Did not file green card and left US in 2004 came back again in 2006 on H1. Still have not filed green card.
While may case was stuck in a DOL backlog elimination center, many people who started their permanent residency process in 2005, 2006 and 2007 were able to take advantage of the I-485 filing window because of RIR and PERM filings.
I am wondering if I could request USCIS to extend to me the same EAD Card benefit that applicants with a later priority date are enjoying. Is it something I can appeal to an immigration board or to an immigration court? I have been working in H1B since 1999. Would 11 years in H1B (and 3 years in F1 prior to that) carry any humanitarian consideration in a court of appeal?
Could someone please advice?
Thank you.
I feel sorry for you. I came to US on H1 in 1998.Did not file green card and left US in 2004 came back again in 2006 on H1. Still have not filed green card.
more...
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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snathan
02-01 09:59 AM
You did substitude and want to keep that PD. ...:p
But you wont be able to do so....:D
But you wont be able to do so....:D
more...
vinabath
07-02 04:00 PM
No ... unless she dumps him, I hope you have a bright future ahead..
Thanks. Anyways whats up with you.
Were you fooled by the God too?
Were you insulted by the USCIS too?
Were enticed too??
Thanks. Anyways whats up with you.
Were you fooled by the God too?
Were you insulted by the USCIS too?
Were enticed too??
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STAmisha
08-03 10:19 AM
Spoke with a lawyer. He told me that PD need not be current to interfile though it is commonly held belief
more...
kc_p21
02-16 12:16 AM
As long as your job is in similar field, you are ok.
You can take any job as long as the duties of the new job falls under the
Job Code 15-1021.00. which is your original approved labor job code.
Any thing other than that is a straight NO.
ALSO PLEASE UPDATE YOUR PROFILE
You can take any job as long as the duties of the new job falls under the
Job Code 15-1021.00. which is your original approved labor job code.
Any thing other than that is a straight NO.
ALSO PLEASE UPDATE YOUR PROFILE
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javadeveloper
08-20 04:20 PM
A consulting company that i had approached in early 2007 had filed my
H1B on April 1st '07 for which i only have a receipt # as yet. This H1 is obviosuly under the CAP. USCIS decision reg. H1 approval is still pending.
I was eligible to file for AOS / EAD thru my husbands GC petition and now do not want to take any job on the H1B with the consulting company. I have a offer from another company....i can join then when i get my EAD. They are willing to wait till i get my EAD.
Some concerns i need help with -
1)How does the contracting company withdraw or VOID my H1. ?
2) Do we have to wait for 797 approval to void it.? Or can they VOID it using only the RECEIPT # ?
3) If H1B is approved in the next few weeks then does the petitioner have to void it before the start of fiscal year - October 1st 2007.?
5) Does a attorney need to be involved to withdraw this case ? What is the exact process of nullifying this H1B.? Are there any specific forms to be filled out.???
6) What kind of documentation would i need from the petitioner who is withdrawing my H1B...Like what evidence do i need to get from petitioner that he / she has actually withdrawn this.??
Also are there any DOL or USCIS rules which state that - the employer has to provide me with copies of the LCA, I-129 petition, Letter that he writes for voiding the H1B. I should be entitled to recieve copies from the employer right..?? allthough i will not work for them..! Can somebody direct me to a link on DOL or USCIS which tells me that the employer should give me all these copies.
Thank you!
You are supposed to get LCA from your employer.If you don't get it you can complain to DOL using Wh4 form(http://www.dol.gov/esa/forms/whd/WH-4.pdf I heard some form is available to cancel the pending H1 , but not sure.
H1B on April 1st '07 for which i only have a receipt # as yet. This H1 is obviosuly under the CAP. USCIS decision reg. H1 approval is still pending.
I was eligible to file for AOS / EAD thru my husbands GC petition and now do not want to take any job on the H1B with the consulting company. I have a offer from another company....i can join then when i get my EAD. They are willing to wait till i get my EAD.
Some concerns i need help with -
1)How does the contracting company withdraw or VOID my H1. ?
2) Do we have to wait for 797 approval to void it.? Or can they VOID it using only the RECEIPT # ?
3) If H1B is approved in the next few weeks then does the petitioner have to void it before the start of fiscal year - October 1st 2007.?
5) Does a attorney need to be involved to withdraw this case ? What is the exact process of nullifying this H1B.? Are there any specific forms to be filled out.???
6) What kind of documentation would i need from the petitioner who is withdrawing my H1B...Like what evidence do i need to get from petitioner that he / she has actually withdrawn this.??
Also are there any DOL or USCIS rules which state that - the employer has to provide me with copies of the LCA, I-129 petition, Letter that he writes for voiding the H1B. I should be entitled to recieve copies from the employer right..?? allthough i will not work for them..! Can somebody direct me to a link on DOL or USCIS which tells me that the employer should give me all these copies.
Thank you!
You are supposed to get LCA from your employer.If you don't get it you can complain to DOL using Wh4 form(http://www.dol.gov/esa/forms/whd/WH-4.pdf I heard some form is available to cancel the pending H1 , but not sure.
more...
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rdx0
01-09 06:57 PM
Hi,
I am in a unique situation, any advise/help would be appreciated.
My H1 Visa and I-94 are expiring on Jan 20, 2009. It can be extended till Apr 2011 as I have been in US only for 3 Yrs and 8 Months. My current employer is not extending my Visa, so I am going to get it extended through another company, say COMPANY ABC (a Staffing company basically).
However, I don't want to be with Company ABC because I am soon going to get a job with a direct client, CLIENT XYZ, but that won't happen until Jan 25th or so.
So my question is, if I apply for extension through COMPANY ABC for now, just so that I don't go 'out of status' on Jan 20th, will CLIENT XYZ be able to apply for my extension on Jan 25th, while my application with Company ABC is still pending? Or they (CLIENT XYZ) will have to wait until my first application (With COMPANY ABC) is processed?
Basically, just want to know if a Company ABC has filed for H1 Transfer and I-94 extension before the expiry date, can another Company XYZ file for an extension/transfer after the expiry while the application from company ABC is still being processed?
Any help is appreciated. I have posted this query on couple of other posts but no one seems to know the answer! no one replied yet
I am in a unique situation, any advise/help would be appreciated.
My H1 Visa and I-94 are expiring on Jan 20, 2009. It can be extended till Apr 2011 as I have been in US only for 3 Yrs and 8 Months. My current employer is not extending my Visa, so I am going to get it extended through another company, say COMPANY ABC (a Staffing company basically).
However, I don't want to be with Company ABC because I am soon going to get a job with a direct client, CLIENT XYZ, but that won't happen until Jan 25th or so.
So my question is, if I apply for extension through COMPANY ABC for now, just so that I don't go 'out of status' on Jan 20th, will CLIENT XYZ be able to apply for my extension on Jan 25th, while my application with Company ABC is still pending? Or they (CLIENT XYZ) will have to wait until my first application (With COMPANY ABC) is processed?
Basically, just want to know if a Company ABC has filed for H1 Transfer and I-94 extension before the expiry date, can another Company XYZ file for an extension/transfer after the expiry while the application from company ABC is still being processed?
Any help is appreciated. I have posted this query on couple of other posts but no one seems to know the answer! no one replied yet
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msyedy
02-05 01:38 PM
I have a old EB3 PD Sept 2003 with Company A , and a new EB2 and I140 approved from Company B.
Can I ask my old company to file for I140 so that I may use the Old PD.
How can I bear the expenses of the USCIS and attorney's fees, given I am not working at company A.
Any clues would help.
I guess the old labor will be invalid by now as it has been already been over 45 after approval.
Ask a lawyer, because due to this labor substitution rule now you might have a problem. (" A GOOD LAWYER IS A SOLUTION HERE")
What do you mean by how can you bear the expenses. What a ?
Do what your company A is asking. I don't think that company A would file it for free.
Give it out of your pocket, that is how you bear it, work at a gas station, 7 eleven if you have to make more money to give him
Can I ask my old company to file for I140 so that I may use the Old PD.
How can I bear the expenses of the USCIS and attorney's fees, given I am not working at company A.
Any clues would help.
I guess the old labor will be invalid by now as it has been already been over 45 after approval.
Ask a lawyer, because due to this labor substitution rule now you might have a problem. (" A GOOD LAWYER IS A SOLUTION HERE")
What do you mean by how can you bear the expenses. What a ?
Do what your company A is asking. I don't think that company A would file it for free.
Give it out of your pocket, that is how you bear it, work at a gas station, 7 eleven if you have to make more money to give him
more...
pictures shoe print clip art. shoe
redds777
08-25 10:28 AM
Anyone?
when he contacted senator and inturn they contacted USCIS, Senator got same reply as urs . his is also 2005 EB2 I PD. He is just waiting too.
i wonder what that extensed security review means. looks like never ending. hope no one gets stuck in it.
when he contacted senator and inturn they contacted USCIS, Senator got same reply as urs . his is also 2005 EB2 I PD. He is just waiting too.
i wonder what that extensed security review means. looks like never ending. hope no one gets stuck in it.
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ragz4u
01-25 11:53 AM
What is lobbying and is it legal?
As per the definition at Wikipedia, Lobbying is the practice of private advocacy with the goal of influencing a governing body by promoting a point of view that is conducive to an individual's or organization's goals. more information can be found here http://en.wikipedia.org/wiki/Lobbying
It is 100% legal and is in fact the preferred way of getting things done by most corporations. Corporations like Microsoft, Dell, Yahoo, Google etc have all used lobbying in the past and in fact I would go as far as saying that every Fortune 1000 firm has used lobbying at one point of time or another. Just search for any company name and the word lobbying on Google and you'll see what we are talking about
What has lobbying got to do with the Immigration Bill?
As we know from part III, Senator Specter will be creating a markup of the Senate Immigration Bill. This may/may not contain the provisions that the immigrant community is looking for.
The differennt bills that are being considered for the markup are McCain Kennedy bill, Cornyn Kyl bill, the Chuck Hagel Bill and a few others
This document by AILA compares the various versions of the bill in different categories http://www.shusterman.com/pdf/immreform106.pdf. This also considers a markup of Senator Specter which is unofficial at the moment. This means that until it gets officially presented to the Judiciary Committee for review, it could change anytime.
This markup already seems to contain the provisions we need, what are we still worried about?
If you have read my post on S.1932, you would know that a bill can be amended at multiple stages.
1) Senator Specter could change his markup, after all he has not come out with an official version. Do not forget that the link above refers to an unofficial version of the markup. As per unconfirmed reports, the Chairman's markup could be out anytime between now and mid-march and a lot of things could change in the mean time
2) Assuming that the markup does contain the provisions that we as immigrants are fighting for, any judiciary committee member can propose an amendment to the bill which could result in a an unwanted change. A case in point is the amendment that Senator Diane Feinstein proposed during S.1932 which reduced the increase in H1B visas from 60,000 to 30,000. Imagine if a senator brings in an amendment that strips off all the provisions for legal immigration!
3) If the bill does not have strong support within the Judiciary committee, it could be voted out and it becomes history
4) Assuming that the bill passes through the above steps, it is presented to the full Senate for a debate and vote. Here too any member of the senate can propose an amendment to the bill and the house votes on it. A case in point is the Byrd Amendment which was introduced by Senate Byrd from Virginia which sought to drop sections 8001 and 8002 from the S.1932. This was defeated by the a margin of 84-15 but remember that if it had enough support, S.1932 would have ended here
5) Once the bill passes with the immigration provisions in the Senate, it is presented to a joint conference committee where a few senators and a few congressmen deliberate on which sections to include int he conference bill from among the House bill and the Senate bill. Remember that the house bill has already been passed (HR.4437) and it does not contain any immigration provisions. The House members could again force the senate representatives to drop the immigration provisions. The S.1932 bill's pro-immigration sections got dropped precisely at this juncture
So as can be seen, there are various stumbling blocks towards achieving a favorable bill.
The only way we can ensure that the pro-immigrant provisions do not get ignored or sacrificed is by lobbying. By lobbying we can ensure that the right folks at the right places can understand our concern and empathize with us.
A lobbying firm can ensure that we send a consistent and effective message to the right people. As mentioned earlier, some of the lobbying firms have ex-Congressmen and ex-Senators on their boards. These folks have a great working relationship with the current senators and congressmen. These lobbyists can not only get our issues be heard by the powers, they can possibly influence them by using some political capital
Why can't we just contact the lawmakers directly and tell them about it? Why spend money for lobbyists?
We can definitely try doing this ourselves. This is a free country and nothing stops us from doing so. Unfortunately the effectiveness of such a method is questionable.
During S.1932 proceedings, many members of this forum contacted their local congressmen and senators and asked for appointments. Many also conveyed their views to the staff and many also faxed their views in. Unfortunately the bill passed without the pro-immigration provisions. The message was not conveyed strongly enough and it was conveyed as individuals and not a group.
It was realized that unless we present our case the way Washington, DC is used to seeing it (by hiring lobbyists), the message will not get through.
Lobbyists have direct access to the actual congressmen and senators while the most we can hope is getting a key staff member's attention.
A lobbyist can influence a house member, while we can only hope that the staff members pass our views to the house member.
We do not know which members are really the ones to target and key decision makers and we might end up concentrating on the wrong house members. A lobbyist can help us identify these key members.
All in all, a lobbyist can help us use our energy in the right way and not end up wasting it doing frivolous things and ultimately help us achieve our dreams
And do not forget that some of the anti-immigration groups like numbersusa already have full time lobbyists working for them in DC. If we are to even put up a decent fight against these very dedicated anti-immigrant forces, we need to get help from a professional lobbying firm
As per the definition at Wikipedia, Lobbying is the practice of private advocacy with the goal of influencing a governing body by promoting a point of view that is conducive to an individual's or organization's goals. more information can be found here http://en.wikipedia.org/wiki/Lobbying
It is 100% legal and is in fact the preferred way of getting things done by most corporations. Corporations like Microsoft, Dell, Yahoo, Google etc have all used lobbying in the past and in fact I would go as far as saying that every Fortune 1000 firm has used lobbying at one point of time or another. Just search for any company name and the word lobbying on Google and you'll see what we are talking about
What has lobbying got to do with the Immigration Bill?
As we know from part III, Senator Specter will be creating a markup of the Senate Immigration Bill. This may/may not contain the provisions that the immigrant community is looking for.
The differennt bills that are being considered for the markup are McCain Kennedy bill, Cornyn Kyl bill, the Chuck Hagel Bill and a few others
This document by AILA compares the various versions of the bill in different categories http://www.shusterman.com/pdf/immreform106.pdf. This also considers a markup of Senator Specter which is unofficial at the moment. This means that until it gets officially presented to the Judiciary Committee for review, it could change anytime.
This markup already seems to contain the provisions we need, what are we still worried about?
If you have read my post on S.1932, you would know that a bill can be amended at multiple stages.
1) Senator Specter could change his markup, after all he has not come out with an official version. Do not forget that the link above refers to an unofficial version of the markup. As per unconfirmed reports, the Chairman's markup could be out anytime between now and mid-march and a lot of things could change in the mean time
2) Assuming that the markup does contain the provisions that we as immigrants are fighting for, any judiciary committee member can propose an amendment to the bill which could result in a an unwanted change. A case in point is the amendment that Senator Diane Feinstein proposed during S.1932 which reduced the increase in H1B visas from 60,000 to 30,000. Imagine if a senator brings in an amendment that strips off all the provisions for legal immigration!
3) If the bill does not have strong support within the Judiciary committee, it could be voted out and it becomes history
4) Assuming that the bill passes through the above steps, it is presented to the full Senate for a debate and vote. Here too any member of the senate can propose an amendment to the bill and the house votes on it. A case in point is the Byrd Amendment which was introduced by Senate Byrd from Virginia which sought to drop sections 8001 and 8002 from the S.1932. This was defeated by the a margin of 84-15 but remember that if it had enough support, S.1932 would have ended here
5) Once the bill passes with the immigration provisions in the Senate, it is presented to a joint conference committee where a few senators and a few congressmen deliberate on which sections to include int he conference bill from among the House bill and the Senate bill. Remember that the house bill has already been passed (HR.4437) and it does not contain any immigration provisions. The House members could again force the senate representatives to drop the immigration provisions. The S.1932 bill's pro-immigration sections got dropped precisely at this juncture
So as can be seen, there are various stumbling blocks towards achieving a favorable bill.
The only way we can ensure that the pro-immigrant provisions do not get ignored or sacrificed is by lobbying. By lobbying we can ensure that the right folks at the right places can understand our concern and empathize with us.
A lobbying firm can ensure that we send a consistent and effective message to the right people. As mentioned earlier, some of the lobbying firms have ex-Congressmen and ex-Senators on their boards. These folks have a great working relationship with the current senators and congressmen. These lobbyists can not only get our issues be heard by the powers, they can possibly influence them by using some political capital
Why can't we just contact the lawmakers directly and tell them about it? Why spend money for lobbyists?
We can definitely try doing this ourselves. This is a free country and nothing stops us from doing so. Unfortunately the effectiveness of such a method is questionable.
During S.1932 proceedings, many members of this forum contacted their local congressmen and senators and asked for appointments. Many also conveyed their views to the staff and many also faxed their views in. Unfortunately the bill passed without the pro-immigration provisions. The message was not conveyed strongly enough and it was conveyed as individuals and not a group.
It was realized that unless we present our case the way Washington, DC is used to seeing it (by hiring lobbyists), the message will not get through.
Lobbyists have direct access to the actual congressmen and senators while the most we can hope is getting a key staff member's attention.
A lobbyist can influence a house member, while we can only hope that the staff members pass our views to the house member.
We do not know which members are really the ones to target and key decision makers and we might end up concentrating on the wrong house members. A lobbyist can help us identify these key members.
All in all, a lobbyist can help us use our energy in the right way and not end up wasting it doing frivolous things and ultimately help us achieve our dreams
And do not forget that some of the anti-immigration groups like numbersusa already have full time lobbyists working for them in DC. If we are to even put up a decent fight against these very dedicated anti-immigrant forces, we need to get help from a professional lobbying firm
more...
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malibuguy007
10-01 06:27 PM
Guys, I can see the energy level drop down after the HR 5882 did not pass in the Judiciary Committee. However we have to keep trying and part of that effort is keep working with lobbyists through IV core. During the next 6-9 months we need to collect enough money so that when the time comes IV Core is able to lobby hard on our behalf and get the necessary measures passed.
On that note I am starting this thread for people who would like to contribute $50 or more. It is the 1st of the month and all of us got our paychecks, so no reason not to.(Remember Feed the Pig Ad? Well IV is as important as feeding the pig - so please do your part).
Additionally for every $2500 collected I will put in an additional $50.
On that note I am starting this thread for people who would like to contribute $50 or more. It is the 1st of the month and all of us got our paychecks, so no reason not to.(Remember Feed the Pig Ad? Well IV is as important as feeding the pig - so please do your part).
Additionally for every $2500 collected I will put in an additional $50.
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Leo07
10-21 04:51 PM
People are just wary about anti-immigrants lurking.
Best of Luck!
Best of Luck!
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StarSun
02-10 03:20 PM
What is the deadline for sending the questions? can it be sent 1hour before the call starts?
Also, what is the number to be called?
thank you.
The deadline for sending your questions is by 12 noon on the day of the conference call.
For call in details, please refer to the red colored thread titled "Free Attorney Call: Date and Lawyer Name" running on the home page under "Recent Forum Posts" or you can look it up in the members forum.
If you have any questions address it to ivcoordinator@gmail.com
Also, what is the number to be called?
thank you.
The deadline for sending your questions is by 12 noon on the day of the conference call.
For call in details, please refer to the red colored thread titled "Free Attorney Call: Date and Lawyer Name" running on the home page under "Recent Forum Posts" or you can look it up in the members forum.
If you have any questions address it to ivcoordinator@gmail.com
loudoggs
10-29 11:32 AM
Did you get the receipt for your dependent's 485 application or was it rejected before they issued a receipt?
Friends,
I am july 2nd filer and for dependant the case has been rejected for missing signature.My lawyer is refiling it today. I have following questions can some one clarify me?
1) Is there any precautions that i should take while re-filing?
2) Will USCIS accept the app or should they make me wait for my PD?
Thanks,
Friends,
I am july 2nd filer and for dependant the case has been rejected for missing signature.My lawyer is refiling it today. I have following questions can some one clarify me?
1) Is there any precautions that i should take while re-filing?
2) Will USCIS accept the app or should they make me wait for my PD?
Thanks,
reachinus
11-18 01:41 PM
1) transfer her h1 (she is worried because many companies do not transfer if < 1 year is on h1), and simultaneously file for an H1 extension based on approved 140 from her current job?
A. While file for her H1 transfer she can ask for 3 years extension based on approved 140
2) file a new labor and port her PD from the approved 140?
A. If she has not filed her 485 then she has to start the GC and can port her PD to the new 140
3) if no to 1 or 2 - is it the end of the road? Can she transfer to H4 (on her husbands H1) and continue to stay here?
A. 1 and 2 are possible. If she wants she can transfer to H4 as well.
Hope this helps.
A. While file for her H1 transfer she can ask for 3 years extension based on approved 140
2) file a new labor and port her PD from the approved 140?
A. If she has not filed her 485 then she has to start the GC and can port her PD to the new 140
3) if no to 1 or 2 - is it the end of the road? Can she transfer to H4 (on her husbands H1) and continue to stay here?
A. 1 and 2 are possible. If she wants she can transfer to H4 as well.
Hope this helps.
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