krishna.ahd
02-12 06:08 PM
both H1 and H4 extension are filed together regularly.
However, the need now arises to upgrade both to premium processing.
Attorney claims I can only get H1 under premium and if processing center wants they will process H4 under premium as well.
But I cannot find this memo that speaks of premium processing being available for I-539 applications as well. It happened sometime last year.
Anyway, thanks for all replies. I'll keep digging....
It happned to me , when attorney forgot to file H4 for my kids and i came to know only after i received my extension. Then my employer filed it under premium and received the approval within 10 days.
However, the need now arises to upgrade both to premium processing.
Attorney claims I can only get H1 under premium and if processing center wants they will process H4 under premium as well.
But I cannot find this memo that speaks of premium processing being available for I-539 applications as well. It happened sometime last year.
Anyway, thanks for all replies. I'll keep digging....
It happned to me , when attorney forgot to file H4 for my kids and i came to know only after i received my extension. Then my employer filed it under premium and received the approval within 10 days.
amsgc
06-16 01:22 AM
http://www.murthy.com/chatlogs/ch051407_P.html
Chat User : My husband is on H1B and is about to file for his I-485.
I am currently on an F-1 visa. Do I have to convert to H-4 to file for I-485
with my husband, or can I file while being on F-1? Please advise.
Attorney Murthy : A person can file the I-485 while still in F-1 status, but unlike the H1B/H-4 or L-1/L-2 which are dual intent, the F-1 is a pure nonimmigrant status. This means that, upon the I-485 filing, one is no longer considered to be in F-1 status, but converts to an adjustment applicant, eligible for the EAD and AP, etc.
Chat User : My husband is on H1B and is about to file for his I-485.
I am currently on an F-1 visa. Do I have to convert to H-4 to file for I-485
with my husband, or can I file while being on F-1? Please advise.
Attorney Murthy : A person can file the I-485 while still in F-1 status, but unlike the H1B/H-4 or L-1/L-2 which are dual intent, the F-1 is a pure nonimmigrant status. This means that, upon the I-485 filing, one is no longer considered to be in F-1 status, but converts to an adjustment applicant, eligible for the EAD and AP, etc.
dollar500
08-06 06:27 AM
Interesting discussion. Sounds logical but you are missing that it was current for a long time in 2002 to 2005.
Although you might be right about the movement.
Although you might be right about the movement.
vivache
09-19 01:46 AM
"They are a privately owned LLC ( trust) and if I open a trading account with them, then I am accepted as a 'member' of the trading firm and at the end of the fiscal year, they would provide me a K1 tax form which would reflet my share of profits from my stock trades."
What does being a member mean?
does it mean that you are their employee? Which you cannot be .. since you are on h1 and they haven't filed one for you.
Are you a shareholder? If yes .. on a h1 you have the right to be a shareholder in any company .. (eg .. if you own Oracle stock .. you are a share holder there.)
"Can a person who is on H1B visa engage in an internet business (and receive income from it) from home ? I do know a couple of people who used to do that."
Yes .. the rule is this .. you can own any business .. internet or otherwise .. and can draw an income or profit. But .. you cannot work for that organization as say the CEO or Director Marketing. The reason being .. on a h1 visa .. you can only work for your employer. So essentially you can be an employer .. hire people .. etc ..even process h1's .. but cannot work : ).
What does being a member mean?
does it mean that you are their employee? Which you cannot be .. since you are on h1 and they haven't filed one for you.
Are you a shareholder? If yes .. on a h1 you have the right to be a shareholder in any company .. (eg .. if you own Oracle stock .. you are a share holder there.)
"Can a person who is on H1B visa engage in an internet business (and receive income from it) from home ? I do know a couple of people who used to do that."
Yes .. the rule is this .. you can own any business .. internet or otherwise .. and can draw an income or profit. But .. you cannot work for that organization as say the CEO or Director Marketing. The reason being .. on a h1 visa .. you can only work for your employer. So essentially you can be an employer .. hire people .. etc ..even process h1's .. but cannot work : ).
more...
anu_t
06-17 01:31 AM
I wanted to ask IV if there is anything we are doing for people like me.
After frustrated with the consultant company I joined a full time job. and now am 5'th year of H1B. The LC will be applied after 1 to 3 month(big company and there laws as you have to complete 1 year and then adv etc etc)
So If the bill passes I even can't apply for LC and so force to go back after 6 years.
Now as everybody is ready to file for 485 nobody cares about this CIR bill but me only.
Are there ANY people left like me?
After frustrated with the consultant company I joined a full time job. and now am 5'th year of H1B. The LC will be applied after 1 to 3 month(big company and there laws as you have to complete 1 year and then adv etc etc)
So If the bill passes I even can't apply for LC and so force to go back after 6 years.
Now as everybody is ready to file for 485 nobody cares about this CIR bill but me only.
Are there ANY people left like me?
s416504
11-17 10:40 AM
Your reply looks OK except your lawyer's suggestion to inform employer about parole status. I don't mind informing employer but the Question is "Is that mandatory to inform employer ?" I think Lawyer's intention could be we need to inform employer (as well as lawyer ) about AP during applying next H1B extention.
Thanks...
Here you go:
If you use AP to reenter, you will no long in H1B status, and you will be a "parolee", but you may still work under the authorization of the original H1B term for the same employer; at the end of the period, you may apply to extend the H1B and then you will get your H1B status back....Sounds not logical, but this is current the CIS interpretation of the regulation.
If you lose H1B, your dependent may no longer on H4; you may keep working for same firm without using EAD until the end of current H1B but you need let employer know that you enter with AP.
Please consult a immigration lawyer and get clarification, above is the reply I got from my lawyer when I told him about using AP while re-entering US.
Thanks...
Here you go:
If you use AP to reenter, you will no long in H1B status, and you will be a "parolee", but you may still work under the authorization of the original H1B term for the same employer; at the end of the period, you may apply to extend the H1B and then you will get your H1B status back....Sounds not logical, but this is current the CIS interpretation of the regulation.
If you lose H1B, your dependent may no longer on H4; you may keep working for same firm without using EAD until the end of current H1B but you need let employer know that you enter with AP.
Please consult a immigration lawyer and get clarification, above is the reply I got from my lawyer when I told him about using AP while re-entering US.
more...
gsvisu
07-12 10:16 AM
Is it possible to show also Martin Luther King along with Gandhi in the template photographs ?
The locals & all can relate to MLK faster & better. Also there were previous chains that encouraged to refer MLK.
Remember we get a MLK - national holiday too...
Also modify the poem to reflect that something like...
Using Gandhi’s & MLK or ML King's way as our only tool.
Any suggestions ?
The locals & all can relate to MLK faster & better. Also there were previous chains that encouraged to refer MLK.
Remember we get a MLK - national holiday too...
Also modify the poem to reflect that something like...
Using Gandhi’s & MLK or ML King's way as our only tool.
Any suggestions ?
san3297
06-29 05:34 PM
Hi Martin,
Thanks once again for your reply with in no time.I really admire your service.I went through your Faqs but the part i dint understood is..
If you don't show the extension approval notice (maybe because you didn't know the case was approved before you returned), you will get just the old expiration date on your new I-94. This will then be the operative end date, not the extension date. This is because CIS has a "last action" rule, whereby the last status they give you is what governs. In this situation, the last action would be your admission until the visa and date.
As i get a new I94 attached with expiration date as my new 797 approval date(Assuming i get approval after my travel when i am in USA) .So my old I94 is valid till My present visa date and after that i have my New I 94 which is valid till my Extension approval date.So iam unable to get what complication i may get into.Only problem i can think of is if i dont get I 94 attached to my I 797 Approval Notice.Do let me know if iam missing anything.Thanks again.
Thanks once again for your reply with in no time.I really admire your service.I went through your Faqs but the part i dint understood is..
If you don't show the extension approval notice (maybe because you didn't know the case was approved before you returned), you will get just the old expiration date on your new I-94. This will then be the operative end date, not the extension date. This is because CIS has a "last action" rule, whereby the last status they give you is what governs. In this situation, the last action would be your admission until the visa and date.
As i get a new I94 attached with expiration date as my new 797 approval date(Assuming i get approval after my travel when i am in USA) .So my old I94 is valid till My present visa date and after that i have my New I 94 which is valid till my Extension approval date.So iam unable to get what complication i may get into.Only problem i can think of is if i dont get I 94 attached to my I 797 Approval Notice.Do let me know if iam missing anything.Thanks again.
more...
pappu
07-20 05:10 PM
I asked this question several times, this is what the answer I got.
To get L-1 visa, you need to work for sister or parent company for a year outside USA. Here is the problem come.
I am on the Same boat, How care about GC. But I care about my wife's work authorisation, she has done her Ph.D and completed her 6 year H-4 too. Even if some one offers her H-1B she cannot take up, until there is a decoupling of H-1 and H-4
if your wife has no time left on her H visa, and she is a phd. .. she can do research on J1 visa. She can work and also apply for greencard.
To get L-1 visa, you need to work for sister or parent company for a year outside USA. Here is the problem come.
I am on the Same boat, How care about GC. But I care about my wife's work authorisation, she has done her Ph.D and completed her 6 year H-4 too. Even if some one offers her H-1B she cannot take up, until there is a decoupling of H-1 and H-4
if your wife has no time left on her H visa, and she is a phd. .. she can do research on J1 visa. She can work and also apply for greencard.
Ψ
06-09 06:52 PM
there finally got it...after soo many tries....
more...
dbevis
July 15th, 2004, 07:45 PM
I hope they are, too. Some birds seem to feed the young much longer than others, even after they've left the nest. I'd suggest taking a large *Do Not Disturb* sign with you tomorrow. Or perhaps "Approach at Your Own Risk*.
:)"Be quiet, or I will bash you with this big lens!" (the people, not the birds!)
:)"Be quiet, or I will bash you with this big lens!" (the people, not the birds!)
fide_champ
04-20 09:38 PM
PIMS should be your last concern. There are other problems like 221(G) issues that you need to be concerned.
more...
vivache
09-21 04:47 PM
Currently since labour is progressing really slowly and considering that it looks like fresh labour will get approved quickly .. but folks will have to wait 4-5 years to get into the 140/485 stage, are there are efforts being made by IV to get dependents say an interim EAD, so that they can start working, rather than be a victim of the process.
I think the biggest casualty of the process are the dependents, who unless qualified to get an h1, have no option but sit at home. I know both male and female dependents in this situation.
Wouldn't it make sense to lobby for an interim EAD in following cases:
1. if labour has not been cleared say for a long time period .. (maybe 2 years), or
2. cleared .. but people have waited a long time period but the dates for 140/485 are not current?
Not sure if this issue has been debated before.
I think the biggest casualty of the process are the dependents, who unless qualified to get an h1, have no option but sit at home. I know both male and female dependents in this situation.
Wouldn't it make sense to lobby for an interim EAD in following cases:
1. if labour has not been cleared say for a long time period .. (maybe 2 years), or
2. cleared .. but people have waited a long time period but the dates for 140/485 are not current?
Not sure if this issue has been debated before.
reddymjm
01-02 06:43 PM
Even if it is close to that 2020 do not get surprised
more...
asdfgh
10-15 12:04 PM
Received Transfer notice from CSC to NSC...originally filed at TSC.
No Receipt Notice, EAD, AP or FP.:mad:
friends,
Today i recieved transfer notice from CSC to TSC but no reciept notice yet. Am i going to recieve reciept notice also?
I485 filled on July 31, 2007
No Receipt Notice, EAD, AP or FP.:mad:
friends,
Today i recieved transfer notice from CSC to TSC but no reciept notice yet. Am i going to recieve reciept notice also?
I485 filled on July 31, 2007
canleo98
09-26 04:15 PM
Hi, I received the RNs of my wife and me (485,765 and 131) by calling the USCIS today. Online status check shows the receipt date of 09/24. I dont see my checks cashed yet. How much time it takes to get the check cashed ?
My RN date was Aug 24th and check was cashed on Aug 28th. I guess it usually takes 3-4 days to encash the checks.
My RN date was Aug 24th and check was cashed on Aug 28th. I guess it usually takes 3-4 days to encash the checks.
more...
indigokiwi
04-17 12:50 PM
^^^^^^^
eb3_nepa
07-20 03:49 PM
Hello Gurus,
I have a question about H1 and L1.
Is it possible for one human being to have a simaltaneous H1 and an L1 visa AT THE SAME TIME. Now before everyone starts thinking i am crazy or laughing hysterically, let me explain my logic.
I have an H1 in a company who has a partner in Canada. I am thinking if i can somehow (IFF possible) without giving up my H1, get a simaltaneous L1 from the Canadian company in a sister concern of my US based company, then my wife could get an L2 and hence get a work permit.
So the plan is:
1) KEEP the original H1B
2) Get the Canadian partner to sponsor A PARALLEL L1 for a job in a sister company of my current company.
3) Apply for an L2 for my wife and get her work permit/SSN.
Now my questions are:
1) Is this possible AT ALL?
2) Can the L1 be extended? and is there any problem/caveat with L1 visas as compared to H1B?
3) My 6 years of H1B are up in 1.5 years so would my wife still be able to keep her L2?
Gurus can you give me some guidance. This tactic can be used by more of you as well, if you are a victim of retrogression and your spouse cant work.
I have a question about H1 and L1.
Is it possible for one human being to have a simaltaneous H1 and an L1 visa AT THE SAME TIME. Now before everyone starts thinking i am crazy or laughing hysterically, let me explain my logic.
I have an H1 in a company who has a partner in Canada. I am thinking if i can somehow (IFF possible) without giving up my H1, get a simaltaneous L1 from the Canadian company in a sister concern of my US based company, then my wife could get an L2 and hence get a work permit.
So the plan is:
1) KEEP the original H1B
2) Get the Canadian partner to sponsor A PARALLEL L1 for a job in a sister company of my current company.
3) Apply for an L2 for my wife and get her work permit/SSN.
Now my questions are:
1) Is this possible AT ALL?
2) Can the L1 be extended? and is there any problem/caveat with L1 visas as compared to H1B?
3) My 6 years of H1B are up in 1.5 years so would my wife still be able to keep her L2?
Gurus can you give me some guidance. This tactic can be used by more of you as well, if you are a victim of retrogression and your spouse cant work.
srikondoji
11-21 07:52 AM
Sorry if that title is misleading.
How many people here are positive that USCIS will come up with premium processing feature for I-485 stage?
Don' worry about the available visa numbers. Just express your hunch feeling.
Incrementally the waiting game is being reduced by incorporating premium processing for H1-B, Labor and lately I-140. Why not for I-485?
I am hopefull of this happening next year.
What about you?
How many people here are positive that USCIS will come up with premium processing feature for I-485 stage?
Don' worry about the available visa numbers. Just express your hunch feeling.
Incrementally the waiting game is being reduced by incorporating premium processing for H1-B, Labor and lately I-140. Why not for I-485?
I am hopefull of this happening next year.
What about you?
monikainusa
03-22 09:14 AM
senior members please advise..I am like helpless and really scared..
bhasky25
10-11 01:06 PM
Thank you for responding,
I had changed jobs under AC21 provisions ( changed almost after 500 days of filing 485) and preferred to maintain my H1B as I did not want to get into the complications of renewing EAD and AP and also my wife goes to school here and it was safer for her to be on H1b rather than EAD or F1. I am just not comfortable with renewal process of EAD and AP. I have my H1B visa stamped... so now, I can travel at my will instead of worrying about what will happen at port of entry as I have a stable job and H1B stamped.
I want to know if I will still be eligible for H1B renewal(based on approved 140) even after my 140 being revoked. I do have a copy of my 140 approval.
I had changed jobs under AC21 provisions ( changed almost after 500 days of filing 485) and preferred to maintain my H1B as I did not want to get into the complications of renewing EAD and AP and also my wife goes to school here and it was safer for her to be on H1b rather than EAD or F1. I am just not comfortable with renewal process of EAD and AP. I have my H1B visa stamped... so now, I can travel at my will instead of worrying about what will happen at port of entry as I have a stable job and H1B stamped.
I want to know if I will still be eligible for H1B renewal(based on approved 140) even after my 140 being revoked. I do have a copy of my 140 approval.
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