martinvisalaw
06-09 01:05 PM
You need to file a COS from H-4 to H-1B. You cannot work until the H-1B is approved, because you are not in H-1B status now and therefore cannot use H-1B portability rules. You will not be subject to the cap since you have held H-1B status withing the past 6 years, and presumably not used a full 6 years.
Whether your last employer or a new employer files for a new H-1B status for you, it is still a new filing and any prior filings are not relevant, except to show that you are not subject to the cap.
By the way - this might get more comments if posted in the Nonimmigrant Visa section of the forum.
Whether your last employer or a new employer files for a new H-1B status for you, it is still a new filing and any prior filings are not relevant, except to show that you are not subject to the cap.
By the way - this might get more comments if posted in the Nonimmigrant Visa section of the forum.
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kumar_459
11-10 04:50 AM
not a lawyer so take this with grain of salt.
she need to request her passport back and can travel back on AP if it is urgent.
VO has given back all the documents back to her including passport, when my wife said she has travel plans to go back early.
My concern is when the administrative processing is completed, then how do we get the passport stamped or is there a way to withdraw the visa application.
she need to request her passport back and can travel back on AP if it is urgent.
VO has given back all the documents back to her including passport, when my wife said she has travel plans to go back early.
My concern is when the administrative processing is completed, then how do we get the passport stamped or is there a way to withdraw the visa application.
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ajju
02-06 03:15 PM
Answer to your third question :- You can claim moving allowance when you file your tax return
Thanks bombay.. I was not sure on this part as I saw the requirement of 50 miles.. from new job to new home.. So if job remained same.. what to specify...
Thanks bombay.. I was not sure on this part as I saw the requirement of 50 miles.. from new job to new home.. So if job remained same.. what to specify...
more...
immig_b2_0609
03-15 11:22 PM
Myself(Husband) & mywife both came on H1B from same employer.
My son got H4 visa through my wife H1B visa.
I (Husband) applied for green card and got EAD for myself & mywife , got Advance parole for myself, mywife & myson and are in 485 pending AOS status,
My Wife is taking permanent job with EAD (EAD is through my Greencard process)
If employer cancels my wife H1B she will come to EAD status.
I am not sure what will be the status of my son who is currently on H4 visa through my wife H1B visa.
My son got Advance Parole and 485 pending status through my green card.
Do I need to apply for H4 visa for my son or will my son be ok on pending AOS status ?
My son got H4 visa through my wife H1B visa.
I (Husband) applied for green card and got EAD for myself & mywife , got Advance parole for myself, mywife & myson and are in 485 pending AOS status,
My Wife is taking permanent job with EAD (EAD is through my Greencard process)
If employer cancels my wife H1B she will come to EAD status.
I am not sure what will be the status of my son who is currently on H4 visa through my wife H1B visa.
My son got Advance Parole and 485 pending status through my green card.
Do I need to apply for H4 visa for my son or will my son be ok on pending AOS status ?
reachinus
03-14 06:56 PM
No it cannot be used as its already expired. You will need a new employer for filing a new h1.
more...
hydubadi
07-23 07:55 PM
Gurus,
I am in a process of getting name change for my wife on pending I485. This is because her first name is given as 'FNU' by USCIS on the I485 file, EAD and A.P. As she did not have first name in passport.
We recently got her name change on passport by adding my(husbands name) as SURNAME. Now we want to refelect this change on EAD and 485.
For this amendment my lawyer is charging $400.
I want to know, if we can do this amendment on our own and avoid lawyer. Do any one on this forum know how to deal with this situation. Please let me know.
Your answers are highly appriciated.
Thanks,
hydubadi
I am in a process of getting name change for my wife on pending I485. This is because her first name is given as 'FNU' by USCIS on the I485 file, EAD and A.P. As she did not have first name in passport.
We recently got her name change on passport by adding my(husbands name) as SURNAME. Now we want to refelect this change on EAD and 485.
For this amendment my lawyer is charging $400.
I want to know, if we can do this amendment on our own and avoid lawyer. Do any one on this forum know how to deal with this situation. Please let me know.
Your answers are highly appriciated.
Thanks,
hydubadi
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ramaonline
01-10 06:31 PM
This has been discussed in so many threads
Once you change to AOS and invoke AC21 after 6 months, you can choose to do nothing or even be without a job. The only thing thats important is that the job offer should be available at the time of 485 adjucation.
Once you change to AOS and invoke AC21 after 6 months, you can choose to do nothing or even be without a job. The only thing thats important is that the job offer should be available at the time of 485 adjucation.
more...
davedjhone
04-04 11:29 PM
The transcript is for verifying the GPA as well as number of credit hours.
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smartboy75
12-19 05:51 PM
That should be fine...don't worry ..
more...
DallasBlue
06-23 11:55 PM
you can mention either ways. legally it shouldnt be a problem.
(professionally it does look bad)
==as always seek legal consult.
(professionally it does look bad)
==as always seek legal consult.
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wandmaker
07-19 03:57 AM
Donate 1 million dollars to USCIS, they will come to your house to handover the card. I believe that is the only way you can expedite, as for as I know.
LOL, If s/he has or had or saved $1m then might not have been a "Bpositive" handle on IV and his/her handle elsewhere may read as iwasintheus, packandgo:D
My I-485 is current as per Aug bulletin (dec 2004 eb2). Any suggestions on how to make sure the application is processed by IO? Anyone with prior experiences/success doing this?
will post as soon as i find one :)
LOL, If s/he has or had or saved $1m then might not have been a "Bpositive" handle on IV and his/her handle elsewhere may read as iwasintheus, packandgo:D
My I-485 is current as per Aug bulletin (dec 2004 eb2). Any suggestions on how to make sure the application is processed by IO? Anyone with prior experiences/success doing this?
will post as soon as i find one :)
more...
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vhd999
05-22 11:51 AM
Last time I have showed one copy. They have asked for the second one which I did not take with me.
The POE officer said that USCIS normally sends two copies one for the applicant and one for POE to retain as a proof of entry.
They also said it is ok if we don't take the second one with us.
They just took a copy of the first one and kept it for their records.
The POE officer said that USCIS normally sends two copies one for the applicant and one for POE to retain as a proof of entry.
They also said it is ok if we don't take the second one with us.
They just took a copy of the first one and kept it for their records.
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saimrathi
07-03 12:00 PM
I have sent in my I-140 + 485.. SO i hope that they accept the 140s atleast... I hope they dont outright refuse the boxes... Atleast I haven't seen anythin about refusal on UPS website yet ..
more...
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richasamuel@yahoo.com
09-06 01:53 AM
Raise has nothing to do with GC processing.Decision of Raise Limit is set by employer and promotion does comes with change in job description.Keep one thing in mind Corporations make profit out of everybody whether its customers or employees doesnt matter.Corporations exists to make profits.by the way do you work for non-profit organization ?? in that case things are a little different based on finanicial availability.
Thanks,
Richa
Thanks,
Richa
more...
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bombaysardar
07-08 06:30 PM
I have heard about many COS applications getting approved, so you have a good chance.
The only thing I would recommend is make sure your H4 is valid for a relatively long time going forward. This will ensure that even if F1 COS does not get approved you atleast are in status throughou the process.
This is because sometimes the processs can take a long time eg. My spouse's COS from H4-F1 never got approved (name check etc etc took 2+ years), so we withdrew after the completion of the degree. Meanwhile the H4 had expired, creating complications.
The only thing I would recommend is make sure your H4 is valid for a relatively long time going forward. This will ensure that even if F1 COS does not get approved you atleast are in status throughou the process.
This is because sometimes the processs can take a long time eg. My spouse's COS from H4-F1 never got approved (name check etc etc took 2+ years), so we withdrew after the completion of the degree. Meanwhile the H4 had expired, creating complications.
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09-06 04:46 PM
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continuedProgress
06-13 08:02 PM
If anyone has gone through a similar situation, please share.
Thanks
Thanks
maxy
11-10 09:13 AM
Thanks for your reply.
I thought by using EAD i will save my 6 months on H, incase anything goes wrong with 485 i still hv 6 months on H left.
looks like its a grey area .... will differ it to opinion from any lawyers.
I thought by using EAD i will save my 6 months on H, incase anything goes wrong with 485 i still hv 6 months on H left.
looks like its a grey area .... will differ it to opinion from any lawyers.
Blog Feeds
05-30 12:30 PM
Silicon Valley Immigration Lawyer Blog Has Just Posted the Following:
Across Silicon Valley and the rest of the U.S., many employers are avoiding layoffs by reducing employee hours or by cutting salaries. However, H-1B visa (http://www.geelaw.com/lawyer-attorney-1054805.html)holders, and their employers, can run afoul of U.S. immigration laws if the salary is cut without a corresponding reduction in hours.
An H-1B employer must attest to the Department of Labor, that the employer is paying the H-1B employee the higher of either: 1) the prevailing wage for the same occupational classification in the same area of employment, or 2) the actual wage level paid by the employer to all employees with similar experience and qualifications for the same job. When submitting the H-1B petition, the employer must state the number of hours per week that they will employ the H-1B worker. So if the prevailing wage for a software engineer in the San Jose metropolitan area is $40/hr., then for a full-time job the annual salary would be $83,200. This would be the minimum that the employer would need to pay annually, and an employer could always pay more.
Suppose your Palo Alto employer informs you that all professionals are taking an across-the-board 15% pay cut. If the prevailing wage for your job is $83,200, a 15% pay cut would lower your salary to $70,720. If your employer started paying you only $70,720 annually while you were still working full-time, your employer would be violating the H-1B regulations, and you could be in violation of your H1-B status. However, if your hours were reduced to only 34 hours per week, then at $40/hour you would earn $70,720 annually. Therefore, an employer and its H-1B employee could properly follow the H-1B regulations by reducing the employee's hours enough to still comply with the prevailing wage. Of course, in this example, the H-1B employee would only be able to work 34 hours per week.
More... (http://www.siliconvalleyimmigrationlawyer.com/2009/11/a-paycut-could-mean-parttime-f.html)
Across Silicon Valley and the rest of the U.S., many employers are avoiding layoffs by reducing employee hours or by cutting salaries. However, H-1B visa (http://www.geelaw.com/lawyer-attorney-1054805.html)holders, and their employers, can run afoul of U.S. immigration laws if the salary is cut without a corresponding reduction in hours.
An H-1B employer must attest to the Department of Labor, that the employer is paying the H-1B employee the higher of either: 1) the prevailing wage for the same occupational classification in the same area of employment, or 2) the actual wage level paid by the employer to all employees with similar experience and qualifications for the same job. When submitting the H-1B petition, the employer must state the number of hours per week that they will employ the H-1B worker. So if the prevailing wage for a software engineer in the San Jose metropolitan area is $40/hr., then for a full-time job the annual salary would be $83,200. This would be the minimum that the employer would need to pay annually, and an employer could always pay more.
Suppose your Palo Alto employer informs you that all professionals are taking an across-the-board 15% pay cut. If the prevailing wage for your job is $83,200, a 15% pay cut would lower your salary to $70,720. If your employer started paying you only $70,720 annually while you were still working full-time, your employer would be violating the H-1B regulations, and you could be in violation of your H1-B status. However, if your hours were reduced to only 34 hours per week, then at $40/hour you would earn $70,720 annually. Therefore, an employer and its H-1B employee could properly follow the H-1B regulations by reducing the employee's hours enough to still comply with the prevailing wage. Of course, in this example, the H-1B employee would only be able to work 34 hours per week.
More... (http://www.siliconvalleyimmigrationlawyer.com/2009/11/a-paycut-could-mean-parttime-f.html)
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