I do not know them personally.. I came across those cases on T.. r. A. c. K. i. T. t. :)
I need some help to act in right direction.
In Oct -2008 my wife got H1B. She was on H4 before that. The employer is still searching client for her to start work. She has got no pay, as practically she never started work. She still have valid-H4 VISa till sept-2009.
1) What is her current status H1B or H4?
2) how long can she wait to search job, assuming if she does not get job in next 2-3 months, how long will be H1B status Valid.
3) If she travels to india, will she has to get H1B stamped or she can re-enter on H4.
4) What are the options to get her back on H4. I have to file my extension in sept-2009.
Feedbacks, as highly appreciated.
You need to apply H4 for her and immediately ask her to move to that status. She is already out of status 'technically' as she is supposed to be working/or get paid even if she is not working.. Unless she has pay stubs from her employer from the time her H1 was done she is not in 'status'. Once you move to H-1 the only way is to file for change of status using the appropriate petition. She will not move in to H-4 automatically. I think you need to file H-4 petition for your wife immediately.
Consult your attorney immediately and do the needful
The airport immigration counter or the CPB offices can correct only the mistakes from their side, and that too only within 2 or 3 days. But for cases where the I-94 expired, they dont consider it as a mistake on their side and immediately ask you to leave.
In fact, for my case when I called the LA airport immigration counter office, they adviced me that I can only go to the CPB office in downtown for any corrections and cannot come to the airport office.
I've done it. Well, basically my attorney sent a notice to the USCIS, but I think you can do it too by sending a simple letter to the Service Center. There is no form for that as far as I know.
When will the next month dates come out ???
What is the utility of your thread? You are posting this one month too late. I really do not want to give a red dot but request you to not dilute the purpose of IV forums by posting grossly useless messages.
Thank you very much for putting here in the immigration forums.
I had applied for H1 for 2008 from two different employers.Both got approved.
you are one lucky dude. when you get to the US go to las vegas and try you luck there :)
Now my concern is ,
1)would there be any problem during the Visa stamping?
no. there is no law against 2 h1s. Any problems you might face would be related more to your qualifications, the company that is sponsoring you etc.
2)What should i do to other visa ,which i will be not using?
ignore it, it does not matter
3)How should i approach the employer whose employment i will be not accepting?
wait for your visa stamping to come through with one employer, then inform the other one that you wont be able to accept his job offer
4)I have signed one offer letter from the employer but other employer had not provided me with the offer leter.so whom should i join?
signing the offer letter is also not too late to switch employers (though its bad form). See which company is better based on other things:
- is one a regular company with a job already for you and the other a consultant who still has to place you
- where are the offices? Is one in the big hubs like silicon valley, new jersey/new york, austin, dallas, phoenix etc? Is it in a place where the standard of living might be hard based on your salary (1bed apartments rent range anywhere from 200 bucks to 1200 bucks depending on whether you are in arkansas or bay area). Is one in a place where the weather might be too harsh for you.
- what is the profile of the two employers (which one is more reachable, friendly)? If both are consultants, which one is bigger, with a better client list.
- salary, benefits of each of them.
all in all, even if you pick teh 'wrong' employer, you can always come here and then change...
Now what does not make sense here is that the original labor was sent along with the original i140 application filed last year(in june 2006).
I called the USCIS info line and the rep. suggested that i could resend it with an explanation.
What concerns me is if i do resend it, would it be considered only after suspension of i140 premium is lifted or would it be considered as a case from last month and processed under premium.
I think you should resend the packet in with proof of prior mailing.
Would there be any problem to my I485 petition if I switch to a new employer using H1B transfer? Is there any drawback if I switch to EAD/AP apart from the annual renewal expense? :confused:.
The advantage of H1-B is that if for some reason for example I-140 is denied you can continue on H1-B and refile.
It means ALL the cases filed before 7/17/07 have been processed, doesn't mean they are not working on cases beyond july 17th.
Isn't EAD application I-765? What is I-131? Excuse my poor knowledge on the USCIS forms
I just received a copy of the labor from my company. Is there a way to find out, whether the labor was cleared for EB-2 or not.
I am novice in this area.
If there are any other ways to find out, can anyone shed some light on it.
Can you please elaborate? When you say "whether the labor was cleared for EB-2 or not" - do you mean that your employer has already filed you I-140 application and you received an approval notice for the I-140? Or did your employer file for Labor Certification under the PERM process and your labor was approved?
If your I-140 was cleared - look to see under which category the I-140 was approved (more information on that @ http://www.uscis.gov. Search for Employment Based Green Cards).
If your Labor Certification is cleared and you still need to apply for I-140, then the wording and the requirements determine if the job will qualify for EB2 (Labor Certification itself does not specify the EB category). For example, if the requirements state that a Master's is required or a Bachelor's + 5 yrs of experience is required, then you may qualify for EB2. You should remember that even though the Labor Certification requirements qualify you for EB2, your employer may choose to file under EB3.