snathan
01-11 02:34 PM
Apply H4 with lawyer or by ourselves? My lawyer took care of my H1B, green card cases. Do I need to apply H4 for my wife through my lawyer? What is the advantage of using lawyer with H4 application. Can I apply it by myself? Is there any H4 application checklist around? Thank you.
If its first time, I dont think you have to apply for H4 here. All you need is, give all the needed documents and get the appointment with visa consulate. She has to get the H4 stamping and come here. But when you need to extend the H4 visa, you need to apply to the USCIS.
This is what my experience...
If its first time, I dont think you have to apply for H4 here. All you need is, give all the needed documents and get the appointment with visa consulate. She has to get the H4 stamping and come here. But when you need to extend the H4 visa, you need to apply to the USCIS.
This is what my experience...
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ricky26
04-24 12:26 PM
Mostly they do not ask you 797 if you have valid stamping. You need to show new original 797 only if you have extended one, so that they will issue i-94 till end of your extension, otherwise your i94 will have expiry date (of stamping in passport ) as your end date of I-94.
Does that makes sense ?
Does that makes sense ?
hemya
08-04 08:26 AM
My I-140 was approved July 14th. Online status shows "pending". I was informed about the approval by my manager and lawyer!!
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gnrajagopal
06-18 12:46 AM
just make a request to the irs. they have the details on their website. its a very simple process.
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GCeffect
11-13 09:26 PM
in case he application is denied, will there be any time mentioned in the denied form or not? thanks for your input
Go ahead and apply, as long as you get the receipt before expiry date on her I-94, you should be fine. You will have to be ready for her return to India ASAP if her extension petition is denied, as she might start incurring illegal stay, which might create hindrance for her next visit or her next VISA application.
It would be a good idea to state about her anticipated visit to other states etc. instead of other reason.
It is likely that she might get RFE, but it should all be answerable.
HTH
we_r_d_world
Go ahead and apply, as long as you get the receipt before expiry date on her I-94, you should be fine. You will have to be ready for her return to India ASAP if her extension petition is denied, as she might start incurring illegal stay, which might create hindrance for her next visit or her next VISA application.
It would be a good idea to state about her anticipated visit to other states etc. instead of other reason.
It is likely that she might get RFE, but it should all be answerable.
HTH
we_r_d_world
tinamatthew
07-24 11:41 AM
Hi ,
I was working for company A and got my labor and I-140 approved and then i changed to company B. My priority date is jan 2005. Is there any way that i can continue my green card process with company A. WOuld be of great help if somone can tell me if there is any way to do it.
I think that as far as company A agrees, it shouldn't be a problem. I believe the GC application is for a future job offer.
I was working for company A and got my labor and I-140 approved and then i changed to company B. My priority date is jan 2005. Is there any way that i can continue my green card process with company A. WOuld be of great help if somone can tell me if there is any way to do it.
I think that as far as company A agrees, it shouldn't be a problem. I believe the GC application is for a future job offer.
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austingc
04-30 03:05 PM
Given the situation for 485 denial. AFAIK, You have an option of filing for H1B (not counted against quota) based on your B's labor approval and pending 140. Once you use the EAD, technically you don't have the H1B status to transfer or extend. Hence, it will require you to go to consulate (b/c approval will come without I94) to stamp, and start working for Company B after you return.
thank you wandmaker.
thank you wandmaker.
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godblessamerica_2009
02-16 02:08 PM
I am filing my 485, EAD and AP in EB2 ROW this week, and my labor priority date is Jan 26, 2008.
How the 485 approval process works. ??
How long it takes to get it approved ?
How the 485 approval process works. ??
How long it takes to get it approved ?
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wandmaker
11-12 05:55 PM
it is always recommended to file h1 extension. If your company is not willing to file for an extension, you will have to use EAD to work for them. Once you started using EAD, your non-immigrant status (h1) is invalidated. Hence , you can not apply for H4 extension for your spouse/dependants - they will be in "pending AOS" status, entire family needs to have AP to travel outside and enter USA.
BTW, you will have file I-539, it is faily simple, goto USCIS site and download the forms.
Hi ,
My H1 expires next week and I am having my FP date 11/13.My company HR recommends that I don't need to go for the 8th year extension.They say that it is a kind of money and time waste to go for extensions.They say that it is good to work on EAD.But my question is what happens if there is a pro with I485?What do you guys recommend????
Can you guys tell me the forms that have to be filled for H4 Extensions.I want to save the $$$that I have to pay for the attorney.
Thanks
BTW, you will have file I-539, it is faily simple, goto USCIS site and download the forms.
Hi ,
My H1 expires next week and I am having my FP date 11/13.My company HR recommends that I don't need to go for the 8th year extension.They say that it is a kind of money and time waste to go for extensions.They say that it is good to work on EAD.But my question is what happens if there is a pro with I485?What do you guys recommend????
Can you guys tell me the forms that have to be filled for H4 Extensions.I want to save the $$$that I have to pay for the attorney.
Thanks
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GC20??
07-30 02:33 PM
Hi,
I took an infopass appt for EAD pending more than 90 days. Both my EAD and my wife's EAD is pending for more than 90 days. Should I take 2 different appointments or can we both go in the same appointment.
Thanks.
I was successful in getting information for me and my wife in the same appointment twice. But to be safe I will book another appointment. If the IO had a bad day he/she may reject to give infomation on your wife's case :)
I took an infopass appt for EAD pending more than 90 days. Both my EAD and my wife's EAD is pending for more than 90 days. Should I take 2 different appointments or can we both go in the same appointment.
Thanks.
I was successful in getting information for me and my wife in the same appointment twice. But to be safe I will book another appointment. If the IO had a bad day he/she may reject to give infomation on your wife's case :)
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aamchimumbai
02-04 09:40 AM
Folks,
This message is for people who left US before AP was approved.
My wife left for India in Nov'08. Although, we received letter from USCIS that her AP application was approved there was a glitch in their system because we received a RFE after she left. Anyways. We responded to her RFE for photos and we received her approved AP in Dec'08. I left US after I received her AP.
At the POE (Newark, NJ) the IO did ask us questions about my work, her visa status, etc. nothing major. The IO only requested for my passport/AP and for my wife her H4/AP/passport. We were then taken to a separate area and asked to wait. There were two IOs looking at our passport/AP. BTW, we both don't have H1 and H4 visas stamped in our passport. To his satisfaction, he stamped AOS on our I94 cards. The I94 expiration was one year from the date of entry. To my surprise, he gave both AP copies to me. Anyways.
I wanted to share this experience because there are ton of people wondering what to do if they need to travel and they don't have approved AP in hand.
Hope this helps. Let me know if you have any questions.
This message is for people who left US before AP was approved.
My wife left for India in Nov'08. Although, we received letter from USCIS that her AP application was approved there was a glitch in their system because we received a RFE after she left. Anyways. We responded to her RFE for photos and we received her approved AP in Dec'08. I left US after I received her AP.
At the POE (Newark, NJ) the IO did ask us questions about my work, her visa status, etc. nothing major. The IO only requested for my passport/AP and for my wife her H4/AP/passport. We were then taken to a separate area and asked to wait. There were two IOs looking at our passport/AP. BTW, we both don't have H1 and H4 visas stamped in our passport. To his satisfaction, he stamped AOS on our I94 cards. The I94 expiration was one year from the date of entry. To my surprise, he gave both AP copies to me. Anyways.
I wanted to share this experience because there are ton of people wondering what to do if they need to travel and they don't have approved AP in hand.
Hope this helps. Let me know if you have any questions.
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anilkumar0902
08-15 12:52 AM
Thank you for the response dentist1.
I am not sure on how to interpret LUD, here is the summary
1. 485 received date Aug/1/2007, notice date Sep/27/2007 - for all three of us.
2. We applied for a change of address in May/2009 and received acknowledgement from USCIS in June/2009 - for all three of us.
3. My son's RFE response acknowledgement dated July/2009.
Please help me to figure out LUD for our applications.
Thanks
LUD : Last Update Date
It shows up while you check your case status. You can easily see all of them, if you sign up for case updates on the USCIS website..It is very easy to set-up as you can see for yourself.
Good luck for next month
Cheers
I am not sure on how to interpret LUD, here is the summary
1. 485 received date Aug/1/2007, notice date Sep/27/2007 - for all three of us.
2. We applied for a change of address in May/2009 and received acknowledgement from USCIS in June/2009 - for all three of us.
3. My son's RFE response acknowledgement dated July/2009.
Please help me to figure out LUD for our applications.
Thanks
LUD : Last Update Date
It shows up while you check your case status. You can easily see all of them, if you sign up for case updates on the USCIS website..It is very easy to set-up as you can see for yourself.
Good luck for next month
Cheers
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snvlgopal
06-16 01:35 AM
Thanks Milind70 & x1050US, In my case my wife's I94 is expired in Feb13, we filed for the h4 extension on Jan17 and she left US in May before her h4 is approved, can she still go for the VISA stamping with out the new H4 approval document (FYI i got my h1 approval notice and also stamping is done in India,Chennai )
Thanks
Thanks
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Leo07
06-09 01:50 PM
Any attorneys opinion? or people who were in similar situation?
remember, it's not my entire company being sold to another company. Only a fraction of company( a division) is being sold along with the assets( people,stuff etc).
remember, it's not my entire company being sold to another company. Only a fraction of company( a division) is being sold along with the assets( people,stuff etc).
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desi3933
08-11 04:46 PM
Hi All,
A few questions for those who have experience with registering a sole prop. in the US.
My wife is on an H4 visa and has registered a sole prop. earlier this year. Since she is not eligible to work, she has hired a U.S. citizen as a contractor to run the company.
Does owning a company in the US have any impact on our green card application?
Can she draw profits from the company at the end of the year as a return on the investment she made to start the company?
Is she considered a "U.S. person" ( seen in multiple tax forms )?
Is it safe for her to fill out a W-9 form with the FEIN that the company was registered with?
Thanks for the quick response.
Not a very good idea, IMHO.
Has she hired anyone for company affairs - hiring, tax and other reports. She can NOT perform any work for sole proprietorship, other than as pure investment.
C-Corp could have better choice.
________________
Not a legal advice.
A few questions for those who have experience with registering a sole prop. in the US.
My wife is on an H4 visa and has registered a sole prop. earlier this year. Since she is not eligible to work, she has hired a U.S. citizen as a contractor to run the company.
Does owning a company in the US have any impact on our green card application?
Can she draw profits from the company at the end of the year as a return on the investment she made to start the company?
Is she considered a "U.S. person" ( seen in multiple tax forms )?
Is it safe for her to fill out a W-9 form with the FEIN that the company was registered with?
Thanks for the quick response.
Not a very good idea, IMHO.
Has she hired anyone for company affairs - hiring, tax and other reports. She can NOT perform any work for sole proprietorship, other than as pure investment.
C-Corp could have better choice.
________________
Not a legal advice.
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singhsa3
02-09 08:30 PM
My passport is expiring in March. I live in NY metro . Does anyone knows the procedure to renew the passport while in the USA. Please share your experience.
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rathodman
04-28 12:54 PM
Hi,
I did H1B Transfer from Company A to Company B on 12/07/09. But after 2 RFEs, my H1B got denied with Company B (for employer-employee relationship issue even though my company B is direct Vendor with current Client) on 04/22/10. I'll reapply appreciate if you can help me with following questions:
1) Am I out of status from now? If not, when will I go out of status? Is there any grace period do I get for stay in US after denial?
2) Does appeal / motion to re-open (MTR) put me back in status or allow me to continue working at client site till appeal is resolved? What if the appeal is rejected? I'll be out of status from the date when H1B was denied. Am I correct?
3) Is it possible to re-apply for H1B transfer (with Company B or with any other Company) after denial and continue working at client site (without leaving the country) or I need to leave Country till new H1B transfer application gets approved?
5) I have approved H1B & I94 from my previous Company A valid till 10/30/2011. Also I have approved H1B from Company D (for which I never worked so far) valid for another 1 year. Both these H1B status is showing Active on USCIS website. So is it possible to work with any of the Company C or D without any h1B transfer? If yes, what will be my I-94 date in that case (how long can I work legally on their H1)? Can I continue to work till their I-94 date? Won't my current denial I-94 date override previous I-94 dates?
I'll really appreciate your response on this.
Thanks,
Manish
I did H1B Transfer from Company A to Company B on 12/07/09. But after 2 RFEs, my H1B got denied with Company B (for employer-employee relationship issue even though my company B is direct Vendor with current Client) on 04/22/10. I'll reapply appreciate if you can help me with following questions:
1) Am I out of status from now? If not, when will I go out of status? Is there any grace period do I get for stay in US after denial?
2) Does appeal / motion to re-open (MTR) put me back in status or allow me to continue working at client site till appeal is resolved? What if the appeal is rejected? I'll be out of status from the date when H1B was denied. Am I correct?
3) Is it possible to re-apply for H1B transfer (with Company B or with any other Company) after denial and continue working at client site (without leaving the country) or I need to leave Country till new H1B transfer application gets approved?
5) I have approved H1B & I94 from my previous Company A valid till 10/30/2011. Also I have approved H1B from Company D (for which I never worked so far) valid for another 1 year. Both these H1B status is showing Active on USCIS website. So is it possible to work with any of the Company C or D without any h1B transfer? If yes, what will be my I-94 date in that case (how long can I work legally on their H1)? Can I continue to work till their I-94 date? Won't my current denial I-94 date override previous I-94 dates?
I'll really appreciate your response on this.
Thanks,
Manish
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atleasth1b
08-22 05:08 PM
I am in a very Bad situation it seems, please help.
I am working in US on L1B visa and Wife on L2. then Wife got a Job and her employer filled her 485.
In the mean time I applied for H1 (through a consultant, to get out of the L1B company). Looks like the H1 Got Approved. Now, I think the problem is, If I switch to H1, then she will loose her job and our chance of Getting EAD will go.
I do NOT want to go for H1, but EAD Is important to me. Is there a Way I can keep my L1? (so that my wife can keep her job)
Please help
I am working in US on L1B visa and Wife on L2. then Wife got a Job and her employer filled her 485.
In the mean time I applied for H1 (through a consultant, to get out of the L1B company). Looks like the H1 Got Approved. Now, I think the problem is, If I switch to H1, then she will loose her job and our chance of Getting EAD will go.
I do NOT want to go for H1, but EAD Is important to me. Is there a Way I can keep my L1? (so that my wife can keep her job)
Please help
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thakkarbhav
02-08 09:43 AM
Yes. Perm Resi Card is your green card. You need H1B OR EAD OR GC/Citizenship to work.
Once you become citizen then you do not need GC. You will get US passport which is good enough for work/Travel.
GC is like super user so you can work for any employer in the USA.
I am surprised with your knowledge about GC but it is better to know sooner than later. Regards.
Once you become citizen then you do not need GC. You will get US passport which is good enough for work/Travel.
GC is like super user so you can work for any employer in the USA.
I am surprised with your knowledge about GC but it is better to know sooner than later. Regards.
IndyRK
12-15 04:23 PM
Hi,
I am currently working on a fulltime H1B and my GC process is going on with second stage (I140) in progress. Now my old employer wants me to work parttime for them which I agreed upon but this is a possibility only if I have a parttime H1B applied w.r.t old employer which I am thinking to apply for it and work parttime. But my question here is does this effect my GC processing? If it is what are the effects? Please reply me back. Thanks a lot.
Regards
According to an attorney, you must work part time 35 hrs per week in order to keep your GC process going on.
I am currently working on a fulltime H1B and my GC process is going on with second stage (I140) in progress. Now my old employer wants me to work parttime for them which I agreed upon but this is a possibility only if I have a parttime H1B applied w.r.t old employer which I am thinking to apply for it and work parttime. But my question here is does this effect my GC processing? If it is what are the effects? Please reply me back. Thanks a lot.
Regards
According to an attorney, you must work part time 35 hrs per week in order to keep your GC process going on.
LostInGCProcess
11-06 04:35 PM
My 485 (based on NIW) is pending. Based on the current bulletin, it could take years to approve my case. I currently work in the US using H1 visa. But I may need to travel outside the US for 1 year or even longer for business reason. Is there any way that I can not abadon my 485 pending status? Thanks!
You must change your AOS to CP. That way if your I485 is adjudicate while you are out of US, you could get the GC from the elected US consulate/embassy.
You must change your AOS to CP. That way if your I485 is adjudicate while you are out of US, you could get the GC from the elected US consulate/embassy.
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