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GCBy3000
09-25 02:33 PM
If this is derivative, then how come H1 obtained should be counted towards H4. H1 is standalone and should not be counted.

Again, my wife is on H4 for 6 years and I did not get into 485 stage. Now she wants to go to India and come back after a one year break. If she comes back after a year on new H1, it would be fine for her. If she come back on H4, can she get a H1 after one year?

Any idea, whether this is possible?

I'm not a lawyer, but my assumption would be that this is cannot be changed by an USCIS memo. Why? Because H4 is simply a derivative status which means that it obeys all the rules pertinent to the primary beneficiary's status plus additional restrictions imposed to the particular classification by law. H status is restricted to 6 year continuous presence in the US.
It would be helpful to find the definition of a derivative status; INA does not provide such definition, but I'm sure they wouldn't be using these words loosely without a proper definition.
So my guess would be is that the answer to the question of "decoupling" H4 and H1b time will boil down to the answer to another question: what really defines a derivative status.
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looivy
02-25 07:40 AM
Hi:
Do you have any arrest record? DUI or anything like. If yes, theat may also lead them to issue administrative processing request.

No.

Can a legal expert provide advice as to whether I can use EAD/AP to get in?
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Wish_Good
06-22 06:04 PM
Hi Attorney's,

Thanks for this excellent community service. Which will help lot
of people like me who are stuck with the Immigration/USCIS Issues/Errors.

My Sincere thanks for responses to my earlier posting.

Company A: Labor approved in Dec 2006. Applied I-140 in June 2007
and got RFE regarding my Educational Transcripts Which was
responded in time and USCIS received on Dec 5, 2007. Then Got EAD
and AP approved. On Apr3 2008 I-140 Denied (I-140 was denied -
due to 3yr degree) then I-485 denied on June 26th 2008. So, First
applied MTR for I-140 which was denied on Feb,2009. Then applied
one more MTR (Appeal)for I-140 on March 13th, 2009 (check cashed
by USCIS... receipt copy not yet received).

Suddenly in the recent past month I see that, My I-485 status
updated saying -Transferred and now pending @ Texas service center
(got a notice). So, I applied EAD on June 4th 2009 based on this New Status.

But "When I was on my 7th year of H-1B (valid upto Apr 2009)" jumped (transfered my H1B) to Company B.

Company B: Before I join this company B. They already applied my Labor (GC)
and got approved on June 24, 2008. Then applied H1 Transfer and got approved (valid upto July 13th 2009) and joined this company. Once I joined this company they applied my I-140 and got approved in Jan 2009. Based on this I applied for H1 extension for 3 years. But USCIS denied my H1 and H4 with "Denial Reason: I-485 is denied in June 2008. So, I am not eligible under 104(c) or 106 of AC21 act". Infact we asked extension based on Approved New I-140 of company B. But USCIS denied based on Old company A's I-485. It looks like a real error by USCIS.

Now Applied MTR(Appeal) on H1 and H4 deniad on Apr 17 2009 and waiting for response.

Looking into this.

My Humble request Please give your valuable suggestion. What would be my next step to be in legal status and continue my job. Iam in deep dialemma and verymuch depressed.

Please help me.

Thanks a Lot in Advance.
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trexx7
09-10 05:12 PM
I can sponsor a couple of T-shirts with generic sizes. Could you please let me know the address that can send them. Thanks
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gcdreamer05
12-18 08:33 PM
hi goel,

Can you find out if you had applied for Change of Status - to change from h4 to h1... talk to your company attornies to find out about it.
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tabletpc
05-28 02:31 PM
Thanks guys...some kind of relief ...!!!!
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rkm
07-17 06:36 PM
Me too..

Thanks again for all the IV support....Great news...

Thank you very much Pappu, Logic Life and IV core members..

Your great effort brought us this great news and relief
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sss2000
08-10 04:54 PM
How could you apply for I-485 with your PD, in June. If I am right, your PD was not current in June. Right????
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bbenhill
07-10 05:12 PM
You can not .. you will need to wait until EB-2 PD cut off is Jan 2004. family based is different kind of fruit (I don't want to call it animal) :-)



the family based 2 nd group PD cut off is 15 jan 2005
EB-2 PD cut off is 01 oct 2003

say my if my PD is jan 2004 and I have filed for my I-485 (EB-2) during july 07 window (couldnt add my wife since was not married at that time). Can I now file for the I-485 or AOS for my wife now.

cheers
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mohitb272
12-10 06:54 PM
I was hired by my present company as a software engineer. I did development for 3 yrs and the company later moved me to a Business Analyst's role later. However, my labor application lists my job duties as s/w Engineer in a programmer's role.

Would I be able to use AC21? Do I need to find a s/w development job or can I join as BA as well? I am in a big predicament. Any help here is greatly appreciated.
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Munna Bhai
05-08 10:31 AM
http://www.telegraph.co.uk/news/main.jhtml?xml=/news/2007/05/06/wchina06.xml

Atleast home countries recognize our potential.
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h1bnogc
08-28 09:54 PM
Thanks for a positive reply at last.I checked my both 797s my current one ends on Nov 14 and my future one starts at Nov 15.So i see there is no gap.Hopefully i will be good i guess.I am planning to go to Charlotte Border Security and see if they say me the same.Any way your comments made me rethink that i will be ok.

Please share your experience in correcting date on I94. Please let us know what you end up doing this situation?

I am just wondering why you did not talk to supervisor or also did you show both new and old approval?

Your shared experience definitely helpful to many...
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yabadaba
08-14 12:27 PM
yes u are
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anilvt
09-06 12:36 AM
similar thing happened to my friend when he got his green card ...it had some women picture on it ...he called them and told to return the GC and they attach his picture on it ....

take it easy change the title to wrong pic on AP ...blunder is very emotional word
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acecupid
06-09 12:30 PM
Our I-485 is pending and we have EAD/AP to enter the US back. We are planning to travel to INDIA end of this year and we can use our AP to return. We also have our H1B/H4 visa approval until 10/2010. The question is:

1. Should we stamp our passport with H1B/H4 visas? If yes, does anyone has information about how to take an appointment from US for Mumbai embassy?


2. Is it recommanded to have passport stamped with H1B/H4 even if we have Advance Parole?

Please help. Thanks a lot.

1. If you are currently in H1 status then my personal opinion is to continue to stay on H1 rather than become a parolee with AP entry. Ofcourse you can avoid a lot of hassles and mental tension with AP, however its good to be on H1 and keep AP as backup for re-entry.
If God forbid your I-485 gets denied for some reason, then you will still be in status based on H1. If you are a parolee at the time of denial, then you go out of status right away. Ofcourse you can file MTR and still get back in status if things work out. But having H1 is the cleanest way to maintain valid status.
You have to take the appointment from VFS website for the mumbai consulate. Keep in mind mumbai consulate process is slightly different compared to the other consulates in India. You have to send the application forms and required documentation 3 days prior to the interview date. You can get more info here : https://www.vfs-usa.co.in/Home.aspx

2.Since you already have AP, there is no harm in getting H1B stamped. If it is denied for some reason you can always come back on AP. Make sure you carry a copy of your I-485 receipt for the interview.
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smads
03-07 10:42 AM
sorry guyz have still been trying to find out what needs to be done....

sendmailtojk,
i was on a vacation and boarded from australia....it was a unique situation....when i left my PP was valid for 7 months when i came back it was valid for 5 months....

watzgc,
I renewed my PP on time but never did anything about my I-94.

I did a lot of research and have some updates for everyone.
1) My lawyer says we file for a petition that typically asks for forgiveness so that i dont get a 3 yr bar. dont know what that petition is called but it translates as "now for then". [can only be prepared by a lawyer and would cost me $1000]

2)I spoke to an immigration officer and he said it is a very common mistake and most of the times they just question the person and let them go. he said not to worry abt the 3 yr bar. he also said that the 3 yr and 10yr bar is more for the tourist visas where people actually think they have a 10yr visa so they can stay here for 10 yrs.
And yes like watzgc he also said file for extention I-539 i think.[costs only $300, anyone can fill it out and send it to USCIS]

now lets see if my lawyer will go with what she thinks is right or will she go with what the immigration officer thinks needs to be done.

I also think that these lawyers try to scare us and get all fancy things done so that they can charge as much as they feel like.

thanks for being so prompt and sorry for not replying sooner,
smads
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OLDMONK
06-15 02:52 PM
Initially I thought its the number on I-94, but apparantly not. This is required to be filled on almost all forms which are required to be filed now that the dates are current. I485, 131, 765 etc.

Is this the number which is on my approved I-140 (A099 XXX XXX) ?
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BornConfused
07-03 09:47 AM
Ha, congratulations to you, I'm happy for you!!
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immi_seeker
09-11 06:21 PM
There has been a understanding that the number of EB cases (EB2+EB3) with PD of 2005 is very less compared to previous years (close to 8000 i believe). If thats the case and assume 2004 cases are cleared why didnt the VB make more advance movements?
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coopheal
02-11 05:20 AM
what initiatives? Never seen any publicized...

Starting monetary contribution is a start. if you can serve with time too contact IV core, they will be very happy to take you service.
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gandalf_gray
06-02 11:33 AM
Nothing would change. If any, it'd be for better I guess.

So you dont know what the "last" action would be. If your L1 extension gets approved immediately with premium processing and H1 approval comes later with COS, then you dont have to go out.

If the situation is reversed, then it would be 1st or 3rd scenario, since 2nd scenario is not applicable.

just one more Qn:
My L1 ends Sep 3rd week.
If I decide not to do extension, is it ok to stay in US for those 2 weeks until Oct1. so I can start working under H1 ?
those 14 days out-of-status : How bad is it ?

thanks.
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