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  • perm2gc
    09-14 12:29 PM

    My wife is on H4 and willing to apply for H1-B. Her educational qualifications

    1.)High school education(12 yrs)
    2.)BCA(Bachelor of Computer Applications)- 3 yrs
    3.)2.5 yrs of IT experience
    4.)She's also doing her M.Sc(Master of Science) in Information Technology. Currently in 2nd year and will be completing by end of 2006. (She may not have the degree certificate by April 2007).

    Is she eligible to apply for H1-B for next year 2007


    Kumar..Talk to a attorny before filing her H1.USCIS is rejecting cases who dont have continous 16yrs education. Recently one of friend's 7th year extension was rejected based on same reason.

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  • Scythe
    03-17 04:11 PM
    "WHAT," "GUESS," "MY NAME iS," "GREAT"

    "NO" is in there several times.

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  • n2b
    07-17 01:03 PM
    DOS and USCIS are slow. But it would be really helpful if the IV code team can provide some update on our site. I believe over 2.5 hours have passed since the last update regarding some update in 1 hour. I guess we can't do anything if it takes more time but an update always helps! Thank you.

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  • k_confused
    08-16 07:57 PM
    But it is too late now :(


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  • puvathoor
    01-29 01:48 PM
    This is a good thread.. I would like to find out if I can continue my GC process if I move internationally till my PD becomes current..

    I wonder what kinds of documents will be required for one to be still use the GC process..

    I am going to talk to a lawyer about it and understand this.. I will post answers here..

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  • ItIsNotFunny
    11-06 09:37 AM
    what i mean is i am currently working full time with Company A. But I am thinking of making additional income by working for another company on part time basis. Can I file another concurrent H1? And if this concurrent H1 will be based on annual H1 quota?

    I heard once that there is a special category for parttime H1. Better check with attorney.


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  • edaltsis
    09-19 01:33 PM
    "THIS IS NOT A COMPLEX SITUATION" - Consider changing the subject.

    Absolutely, she can go for stamping in India with your H1B approval and get it stamped. If she were in US, based on your H1B approval she will get an Dependent approval notice and a new I-94, she still needs H4 visa to travel.

    If you file for H1B renewal in regular process it might take more time, so if you are in a hurry then go for Premium.

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  • cjagtap
    08-07 04:36 PM
    me 2 ..they (TSC)told me that 2 nd july filers will get receipt no by mid of august..hope that true..


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  • md2003
    10-24 10:39 AM
    I am planning to file Labor in EB2. My Attorney sent job requirement which needs Master's + 1 year experience. But my current salary is almost 20k less than prevailing wage (level 4) for senior software engineer. But currently my salary equivalent to wage level 2.

    I think i may get query at i140 , But Lawyer suggested Employer would need to be able to demonstrate their ability to pay the difference between actual salary and the prevailing wage at the time of the I-140 filing .

    I am unable to get clear picture on wage levels. If i mention Level 2 , will this qualify for EB2?

    Any suggestions on this.


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  • jnraajan
    03-14 04:03 PM
    IV Members from Nebraska,

    I think it is time we started our own chapter in NE and get the action going. Members from Nebraska, please respond.


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  • crazyghoda
    06-16 04:17 PM
    I believe you would have to legally adopt her son and become his father. That may or may not be possible if his real father objects. The other option is for her to get her own independent H1/L1 visa and then have her son as her dependent.

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  • pt326bc
    09-30 07:19 AM
    With GC process bound to take long, staying at the same place to avoid changing address may be a big challenge.
    Has anybody considered using PO box for address on I-485? My lawyer did not allow me to use PO box during July 2 filing.
    Will it be possible to go online and change to PO box address for I-485?
    Does INS has any issues in sending GC to po box address?

    I don't think that's possible. USCIS wants a physical address where you stay and will not deliver mail to PO box. In fact there is no forwarding of documents sent by USCIS too. They are all returned to USCIS.
    This issue I think originates from the fact that USCIS wants to know where all aliens are physically staying.
    I wanted to have a PO box to avoid any issues with mail theft and my lawyer said its not possible.
    Anything different coming from your lawyer would be welcome.


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  • mn_finch
    08-25 05:48 PM
    My Permanent residency is being processed thru Employer A (I-140 not done yet).
    Employer A also holds my H1B. This is my only H1B, and it extends based on approved labor as I am on my 7th year if H1B.

    If A files for Chapter 11, will my H1B and permanent residency get cancelled/revoked?

    If my current H1B is valid till Nov 2010, and employer A files for chapter 11 in Dec 2010, will I be able to stay/work in US at least till Nov 2010?

    What will be my options if H1B / GC gets cancelled? Can I transfer this H1B to a different employer? Or, can a different employer has to file for a new H1B? :confused:

    Your answer/advices are highly appreciated.

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  • immigration_confused
    07-26 07:35 PM
    My brother is in Toronto, Canada for a conference. He has an H1B extension which is not stamped. At the US airport before boarding the toronto flight they took his old expired I-94 (from previous H1B). He currently has his I-797 (H1B) petition that has the I-94 at the end.

    1) Can he use that I-94 to enter the US (his new H1B extension is not stamped). His stay is only for 4 days in Toronto.
    2) If not then what are his other options (except for H1B stamping as there are no dates in toronto)

    Would appreciate any advice as soon as possible.



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  • tkumar03
    07-01 04:12 PM

    I got my GC approved for me and son (I485 application) in Nov 2007. I got my gc, whereas for my son who is 7 year old though he got I485 approved yet he did not get his GC. They mentioned they might need his finger print and so far no response from them. This is despite several follow up with them.

    Last year 7 months he was not in US and now can he go to India and he will be there rest of this year.

    Will it affect his GC and when will he get his GC?

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  • AabTuAgaGC
    01-25 03:33 PM
    Do you need a valid H-1B status if your H-1B stamp has expired. I don't have any H-1B stamp on my passport and my H-1B status (I-797) will expire on February 14th, 2008. I will then switch to EAD. I am traveling on Feb 23rds, 2008 (Chicago->JFK->Dubai-Pakistan).

    So, do i still need a valid H-1B status even though, i will be traveling back on AP?


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  • nk2006
    06-10 01:31 PM

    That's great news - IV's efforts are paying off now. Not sure if they give two years for all EAD's applications (either renewal or new) that are currently pending. Now I wish my application will get a bit delayed in processing :)

    Anyway its a good news that they are starting it from June end.

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  • Ann Ruben
    01-28 09:49 AM
    Because you remained in the US for more than a year after USCIS denied your change of status you are barred from entering the US for 10 years. However, you are entitled to apply for a waiver of this 10 year bar pursuant to �212(d)(3)(A) of the INA which, if granted, would enable you to obtain an L-2 visa and legally enter the US.

    If you are not upfront about your prior overstay, you commit visa fraud. As a consequence, you will face a lifetime bar to enter the US with little or no possibility of a waiver.

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  • milind70
    04-28 12:46 AM
    I have a approved I-140. Applied for 3 year H1 extension in Oct 2006. 3 year H1 extension approved on 5th Feb 2007. Received H4 dependents extensions. Did not receive my I-797. Requested my consulting company to check why I did not receive my I-797 with I-94. They lied to me that they called USCIS and I/they/lawyer will get copy in 30/45 days. My MN drivers license got canceled/suspended on 04/24/2007 because I did not submit approved I-797/I-94. Company lawyer informed my company that they applied under premium processing for duplicate copy on 04/16/2007. I called USCIS and they told me this is bullshit. There is no premium processing for duplicate document. Lawyer does not want to reveal which form he filed for duplicate document. I also applied this week using form I-824 for duplicate copy of approved H1 extension. Called USCIS, and they said I will get a receipt number in 15 days and copy in 2-3 months. This copy will not include I-94, so it is useless. What options do I have. My lawyer is an American and he thinks it is below his dignity to answer my calls.

    What options do I now have? Any options will be appreciated.

    I think you can file Form 120 for a duplicate I 94 in case it is lost/mutilated etc. please check USCIS website. hope this helps

    03-12 06:33 PM
    Her employer is filing her H1 COS petition in premium processing, so I am hopeful it will be adjudicated within 15 days.

    One more thing you can do is that file your wife's H4 to H1 in regular processing and any subsequent H1/H4 transfer you would do can be filed in premium and get them approved. I am sure if H4 to H1 COS is filed in regular processing, it will surely take a minimum of 4 to 5 months to be processed.

    03-23 04:56 PM

    I have a pretty simple question.

    A person decides to change employers, moving from company A to company B. It's been 180 days after 485 filing.

    Question: what does company B have to do to legally take this person on as full time employee? Is the process any different than taking any other american resident employee? The way I understand is it is not any different.

    Please advise,

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