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adurthy

07-06 01:33 AM

I was in the same boat 2 years before , I opted for Kaiser and it costed about $200 per month.

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nozerd

09-07 09:34 AM

Just to clarify I will not be working in US at all. I will only work in Canada and getting paid in Canada. I will only come to US for personal reasons (meeting fly etc) not work. Can I use the H1 stamp to enter under those circumstances.

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Oasis52

05-16 08:37 AM

Hi
Thanks for the replies

Actually I posted this same question on Lawbench.com (paid service) and one of thier lawyers provided me with this asnwer:


You cannot leave the United States while a change of employer petition is pending. Unless, that petition requests for Consular Processing. You would need to show your valid passport, H-1B visa, and current approval notice for Co B. Yes, you can enter with Company A's visa stamp.

If you cannot wait in the US for Company B's petition to be approved, you would need consular process the petition and travel with the approval notice.



My concern comes is WHAT SHE MEANS BY CONSULAR PROCESSING? Does it applies to Consular Processing?

Also what about H1 Protability 2001 ACT which says if transfer is in process, one can enter the country just on receipt?

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andhrawala

11-18 01:49 PM

Hi GCInLimbo,
I also did the same thing what you did. I applied for my h1 extension and as it was pending for the last 6 months I joined a different employer by filing a new H1B (Approved after premium processing). So, I was without any approved H1 for 6 months (basically maintained legal status on pending H1).

Now, my old employer reverted the pending H1B as I left the company.

I also applied for my I-485 with my old employer in 2007, but I have not received NOID so far. Looking at your case I may also get a NOID.

Please update me of how are you proceeding with your case.

Thanks,

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Munna Bhai

07-12 12:08 PM

This is really news to me. I thought once you switch to H4 from H1, your H1 is gone. To come back on H1, you have to re-apply which will be subjected to cap.

Are you sure on this? If this is true, this can be really helpful for some folks.


yes, it is true and it will not only help some folks, it will help lot of people on H1b and if you can find more information by contacting attorney, please share with everyone.

I am trying to get as much as possible info. regarding this issue.

Thanks,
-M

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h4visa

07-27 03:04 PM

O.K. Once you get EAD being a H4 Visa holder you can do multiple jobs in multiple field as you were having H4 status. But now if you are having H1 status then you can do multiple jobs with all jobs having similar description to the job description for what your original employer filed your green card (485).

Now real question should be "Should I use EAD or Should I be on H1/H4?"

If U choose to use your EAD than from that moment your H status expires. In normal circumstances you would not care. But in reality your 485 process will still continue for years and say unfortunately something bad happen to your 485 process and get denied then you will have one choice that is to leave USA. But if you have maintained your H status not using EAD then in that kind of scenario you still keep working and staying in USA.

Understood..but in my case (H4) ..i am anyways not working...EAD is anyday better than H4...atleast i can work. and my husband will retain his H1 status. any suggestions?

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wandmaker

02-16 12:58 PM

Hi Everyone,

I will be laid off from an american company by the end of Feb 2009. I spoke to my previous desi employee as my H1b with his company is still valid and he din't revoked it until now

But he agrees to let me join his company but at the same time he worried about few things



Q1) I was with him for 6 months of 2008 and moved to an American Company so the total pay in the W2 for year 2008 is less than LCA amount.
Would that be a problem as i din't work with him for an entire year in which case it is bound to be less than LCA amount..
Mind you i'm looking at the Yearly wage if you look at month wise it is much higher than mentioned in LCA.

Would that be of any problem to both me and employeer.

Q2) He also said that when somebody re hires any one , the employeer is liable to pay back wages for the period of time he was out.

It sounds illogical atleast to me because he didn't terminate me from the job it was me who quit the job and transferred my H1b on a good note , but there is no official document saying i quit the job or he terminated me ....


I would appreciate if some could throw some light on this ....

My future is relied on these issues

Thanks
David

For Q1, Please call 1-866-487-2365
For Q2, Please call 1-800-375-5283

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binadh

07-09 02:24 PM

OK. Thanks for your advise. I guess I can not do much about this. I'll try to butter him up to get what he promised. We'll see. Thanks.

Don't let your emotions cloud your judgment.

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bfadlia

05-27 08:09 AM

My son and wife too had EAD's expiring in Aug, 2010.. Had no option but to get the DL for three months and applied for another renewal of EAD's.. What a crap..$ after $.. Did the letter from USCIS you got after infopass help or not??


I don't think the letter was of any help, it said my case is still pending, and as I mentioned above DMV told me they already knew that, they had access to USCIS database.

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frostrated

08-10 08:45 AM

Friends

This is my situation

My I 140 approved, my status is F1 COS to H1 B
My wife situation, B1 (Visitor) COS to H4.

Now we r planning to change my wife status from H4 TO F1.

Can anyone with their experience suggest How complicated is my Case!!!!
Can we file COS by ourself or do you suggest to Hire an Attorney.

Pl advice

Thanks

It is very easy and do not need a lawyer.
First get admission into a school and then provide your H4 documents and a letter stating that you do not intend to reside in the US post-completion of your education and that you want to return to your country.

The school will then send your documents to the USCIS for a COS from H4 to F1.
How do I know this? Coz I went thru this.

But remember, do not file your 485 as long as your wife is in school. Coz if you go on to an EAD status, it will be very difficult to convert your F1 spouse to EAD. Since you are EB3 wait until your wife completes her education, and either gets a H1 or H4 prior to submitting 485.

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deardar

09-14 02:47 PM

If your employer questions you.

Tell em you had an appoinment with the Senater. ;)

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indyanguy

12-19 06:13 PM

Husband + Wife - 1 Application

Wife - Seperate Appln. ( Will do follow to join incase by chance the first one gets stuck

Can you explain how "follow to join" works? Thanks

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thescadaman

07-26 08:40 PM

I used your website to search "USPS Express" and I got the answer I needed very quickly. Thanks for the website..

For everyones else benefit...

for cases that has to be filed by overnight courier that is by the USPS Express Mail the center will only pick up mails from the U.S Postal Service once a day and in the morning. Therefore any mail that is not picked up in the morning will be picked only the following day and is given a next day receipt date.

link
http://www.immigration.com/fromtheagency/nsc112006.html

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Joey Foley

May 17th, 2005, 06:16 AM

Thanks for the thoughts guys.

I wish I could retake these but they were taking in southern North Carolina on my way back from Florida the other day.

I live in Indy so now I either use these or found something in Indy to photo this week.

:confused:

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widad2020

07-17 04:58 PM

D. JULY EMPLOYMENT-BASED VISA AVAILABILITY

After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.

This is what I am seeing in Aug bulletin.Does this mean are July dates current.Pls help

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sheela

08-22 11:26 AM

I applied on June 12 (paper file) at TSC , Notice date June 18th , RD June 13th and received EAD cards on Aug 18th (CPO mail on Aug 15th).

Hope this info helps.

e-filed EAD renewal on 5/27 TSC
FP:6/21
still waiting....

EB2 i
PD:10/05, I140 approved 2/06

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solaris27

03-12 10:16 AM

Congratulations

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glus

04-07 09:03 AM

There is no law that says that you need to work for your employer for such and such nr of moths after getting GC. However, it is advisable to work for as long as you can for the original employer to avoid issues at naturalization stage.

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reddog

11-03 10:43 AM

I would be very cautious about her overstayin without getting the extension in hand.
I would still not do it unless it is a desperate situation, and there is absolutely no other way of handling it.
The overstay would definitely show up the next time she comes back in, ie, next time if the officer is good, he lets her in and everything is good.
If the officer is just doing his duty, he will not.
The officer will definitely grill her about her overstay, and if she is able to convince him about the hospital stay(i would keep records of the hospital stay), he can give her a short term visa.
And your mom-in-law mentioning the baby when she entered does not help at all.
Overstay is still handled in an adhoc fashion at the airport counters.
But I know of a friends mother who overstayed(did not apply extension) and was sent back from the airport next time she tried to come back(they even got a letter from the local congressman).

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deba

02-04 09:25 AM

I am surprised to hear that you were not allowed to board from India. As I mentioned, I have no idea what the procedures are right now. You might run into an official or Airline agent who is not aware of the rules. In my case, I traveled from the US couple of times with AP/Canada PR. First time it was AA/BA and the next time it was AA/Emirates. The checking you will go through will include both immigration and airline staff. If you are transiting thru London Heathrow, you will have to get past a passport check and security screening again to get to your boarding gate. This is where the Airport staff will check your papers. The gate agent will check your papers at the boarding gate and might even issue a different boarding pass. In case you have any doubts, I suggest you take another route or get a visa. The higher cost you might pay by flying Lufthansa for example, will offset the cost of a visa. You don't want to get stranded in any case. Good Luck.

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texanguy

05-15 06:17 PM

I would like Representative "Representative Name" to co sponsor bills HR 5882 and HR 5921, sponsored by Zoe Lofgren.



I am confused, are we asking them to "co-sponsor" or to "support"?
Please advice.

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