USIVC
12-21 05:28 PM
Below is what I think to your three case scenario:
Case 1: According to the USCIS's rule of last action, whichever petition or application came out last is your new non-immigrant status. So if your H1b transfer gets approved first and then your H-1B -> F1 gets approved, you are in F-1, or vice versa. But then if your first H1B has already expired before you turn in your F-1 application, it gets a little complicated. In that case, the F-1 application cannot be approved before the H1B transfer is approved.
case 2: If your first H1B is still valid, then it is ok if your H1B transfer is denied. If your first H1B is expired already before your submit your F-1 application, and your H1B transfer gets denied, you could be out of status.
case 3: If your H1B transfer is approved, and F-1 application is denied, you are still in H1B.
There is an article discussing authorized stay and authorized status which relates to your questions: Differences Between “Authorized Status” and “Authorized Stay” (http://www.us-immigrationvisa.com/article/differences-between-authorized-status-and-authorized-stay)
Case 1: According to the USCIS's rule of last action, whichever petition or application came out last is your new non-immigrant status. So if your H1b transfer gets approved first and then your H-1B -> F1 gets approved, you are in F-1, or vice versa. But then if your first H1B has already expired before you turn in your F-1 application, it gets a little complicated. In that case, the F-1 application cannot be approved before the H1B transfer is approved.
case 2: If your first H1B is still valid, then it is ok if your H1B transfer is denied. If your first H1B is expired already before your submit your F-1 application, and your H1B transfer gets denied, you could be out of status.
case 3: If your H1B transfer is approved, and F-1 application is denied, you are still in H1B.
There is an article discussing authorized stay and authorized status which relates to your questions: Differences Between “Authorized Status” and “Authorized Stay” (http://www.us-immigrationvisa.com/article/differences-between-authorized-status-and-authorized-stay)
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Blog Feeds
12-21 07:20 PM
Perhaps to discuss Plan B?
More... (http://blogs.ilw.com/gregsiskind/2010/12/obama-meeting-with-congressional-hispanic-caucus-members.html)
More... (http://blogs.ilw.com/gregsiskind/2010/12/obama-meeting-with-congressional-hispanic-caucus-members.html)
10dulkar
08-09 07:30 PM
same subject another thread. People went crazy with first one. Now one more.....:rolleyes:
2011 Video LOL: Justin Bieber
gcformeornot
09-24 07:17 PM
please......
more...
insbaby
11-03 01:51 PM
HR of my Company screwed up with the content of the EB2 Ad posted in sunday newspaper. To save money they posted a partial AD with a link to the job listing on the companys website saying "Please goto this link for further information".....
Would this be ok?
If the company is paying the lawyer for the process, you just relax. They must have consulted the lawer before giving the ad and get directions, because the lawyer has to send these evidences when filing.
If not, you better check with an expert.
Would this be ok?
If the company is paying the lawyer for the process, you just relax. They must have consulted the lawer before giving the ad and get directions, because the lawyer has to send these evidences when filing.
If not, you better check with an expert.
kamdard
09-12 04:23 PM
Just saw this one:
http://travel.state.gov/visa/frvi/bulletin/bulletin_3800.html
Hope this helps.
Regards,
kamdard.
http://travel.state.gov/visa/frvi/bulletin/bulletin_3800.html
Hope this helps.
Regards,
kamdard.
more...
gc_on_demand
01-07 10:56 AM
My wife is from Bangalore, however since Chennai did not have available dates till Jan 20th she has scheduled her H4 appointment at New Delhi for Jan 9th. Please share experiences.
thanks,
Share what ? Chill dude.. Make sure you have all required documents. They will not reject your case if it is genuine.
thanks,
Share what ? Chill dude.. Make sure you have all required documents. They will not reject your case if it is genuine.
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kewlchap
03-16 10:13 PM
Folks,
If an employer withdraws an approved I-140, is it enough to show a future offer of employment letter to keep your 485 alive?
My particular case: I have an approved I-140, with pending 485 (EAD/AP approved) (6 months have elapsed). I want to quit my job and go back to school this August, but want to keep 485 alive (primarily because my 6 years on H1 are up). I can easily get a letter from an employer saying that they will employ me once my GC is approved (and I can join them when GC comes through). However, my current employer says that they will withdraw 140 (routine procedure).
Questions:
1. Can I study on EAD/parolee status?
2. Do I need to inform USCIS of invoking AC21 since my employer will withdraw my 140?
3. Can I claim that I am waiting for my GC to be approved to join my future employer, and in the mean time, I am studying full time to improve my skills?
4. Should I try to maintain my H1 status during school (by working part time etc.)?
5. Does my future employer need to file an I140?
6. What should I ask my current employer to provide? Eg: copy of 140, Employment verification letter etc.
Please provide your insights. There might have been previous discussions on this topic. If so, please point me to them and my apologies in advance for re-posting.
Will appreciate any suggestions / comments. I am stuck with the dilemma of continuing to work or going back to school.
Thanks,
-k
---------------
EB2, India, PD May 2004, Primary filer.
If an employer withdraws an approved I-140, is it enough to show a future offer of employment letter to keep your 485 alive?
My particular case: I have an approved I-140, with pending 485 (EAD/AP approved) (6 months have elapsed). I want to quit my job and go back to school this August, but want to keep 485 alive (primarily because my 6 years on H1 are up). I can easily get a letter from an employer saying that they will employ me once my GC is approved (and I can join them when GC comes through). However, my current employer says that they will withdraw 140 (routine procedure).
Questions:
1. Can I study on EAD/parolee status?
2. Do I need to inform USCIS of invoking AC21 since my employer will withdraw my 140?
3. Can I claim that I am waiting for my GC to be approved to join my future employer, and in the mean time, I am studying full time to improve my skills?
4. Should I try to maintain my H1 status during school (by working part time etc.)?
5. Does my future employer need to file an I140?
6. What should I ask my current employer to provide? Eg: copy of 140, Employment verification letter etc.
Please provide your insights. There might have been previous discussions on this topic. If so, please point me to them and my apologies in advance for re-posting.
Will appreciate any suggestions / comments. I am stuck with the dilemma of continuing to work or going back to school.
Thanks,
-k
---------------
EB2, India, PD May 2004, Primary filer.
more...
cox
February 18th, 2005, 12:16 AM
Agree, too much blue sky. This would be better with early or late light since midday sun doesn't do the clouds justice. Maybe a little more foreground foliage would help too. I'm not sure since I'm not much of a landscape photographer, but I am working on it, and those are some things I'm trying. :)
hair Bieber#39;s Smexy Butt lol to
AnalyzeThis
05-26 12:01 AM
Dear Experts/Lawyers,
I wanted to ask a question about my status based on the situation described below:
1. I entered the United States on F1 Visa in 2003.
2. Applied for and got H1B approved, with the bottom right part attached. The visa was valid till November 2008.
3. Applied for and got H1B extension approved, with the bottom right part attached. The visa is valid till November 2011.
4. Never left the United States since I entered in 2003 on F1 Visa.
5. My passport expires in the middle of 2010.
Based on this, in order to ensure my legal stay in the United States, do I need to do anything, except renew my passport at some point of time before it expires, in terms of either having to leave the US, or go to some agency to update something? Please suggest. Thank you for your help.
I wanted to ask a question about my status based on the situation described below:
1. I entered the United States on F1 Visa in 2003.
2. Applied for and got H1B approved, with the bottom right part attached. The visa was valid till November 2008.
3. Applied for and got H1B extension approved, with the bottom right part attached. The visa is valid till November 2011.
4. Never left the United States since I entered in 2003 on F1 Visa.
5. My passport expires in the middle of 2010.
Based on this, in order to ensure my legal stay in the United States, do I need to do anything, except renew my passport at some point of time before it expires, in terms of either having to leave the US, or go to some agency to update something? Please suggest. Thank you for your help.
more...
kerz
01-12 11:25 AM
Hi All,
If the H-1B sponsor is non-profit organization do they still need to follow rules of privilege wage?
Where can I find the information about the sponsorship process with non-profit?
Thanks a lot!!!!!!!!!!!
If the H-1B sponsor is non-profit organization do they still need to follow rules of privilege wage?
Where can I find the information about the sponsorship process with non-profit?
Thanks a lot!!!!!!!!!!!
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thomachan72
03-20 08:49 AM
http://finance.yahoo.com/techticker/article/212121/Plan-to-Solve-Crisis:-Let-Immigrants-Buy-Houses
Legal immigrants should be considered eligible for GC faster if they invest in a house depending upon the salary structure. This might be a topic for discussion if and when Obama decides to take up immigration.
Legal immigrants should be considered eligible for GC faster if they invest in a house depending upon the salary structure. This might be a topic for discussion if and when Obama decides to take up immigration.
more...
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glus
01-19 12:59 PM
Can you provide more information? What did they tell you at walk-in?
tattoo I LOVES any Justin Bieber
vicks_don
05-19 03:12 PM
You should just provide a valid reason for your case for the senator to help. All senators have direct lines to immigration offices. They can expedite your case and the results are astonishing.
My cousin left to india for an emergency and his AP was pending. Contacted senator and got it approved immediately in a day.
I also heard that one person got his 140 approved in a week. Not sure what reason he provided.
But senators are certainly helpful unlike Indian politicians.
My cousin left to india for an emergency and his AP was pending. Contacted senator and got it approved immediately in a day.
I also heard that one person got his 140 approved in a week. Not sure what reason he provided.
But senators are certainly helpful unlike Indian politicians.
more...
pictures no, but Kim K. has!!! lol nah,
vxg
03-27 11:34 PM
Murthy has published interesting details on this check this
http://murthy.com/bulletin.html
This is straight from Chief, U.S. Department of State (DOS).
http://murthy.com/bulletin.html
This is straight from Chief, U.S. Department of State (DOS).
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supers789
05-30 09:39 PM
I have couple of questions.
1. Did the house already pass its version of CIR bill?
I believe there will be a conference committee consisting of few house and senate members and they will come up with a bill version acceptable to both house and senate. then the bill will be voted.
So what is the time frame we are looking at to get the final bill out.. Any idea?
Even thought I am a frequent visitor of IV.org, and stuck in backlog for years.. I do not know exactly how it works.. I will really appreciate any educated guesses.
Thanks.
1. Did the house already pass its version of CIR bill?
I believe there will be a conference committee consisting of few house and senate members and they will come up with a bill version acceptable to both house and senate. then the bill will be voted.
So what is the time frame we are looking at to get the final bill out.. Any idea?
Even thought I am a frequent visitor of IV.org, and stuck in backlog for years.. I do not know exactly how it works.. I will really appreciate any educated guesses.
Thanks.
more...
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neeidd
06-29 05:18 PM
Hi,
I have a question. I am on H1 and are planning to extend my H1 along with my wife H4. My question is, we both have EAD's and I never use EAD. My wife is looking for jobs on EAD. If she works on EAD, can she still able to extend H4 status?
Thanks
I have a question. I am on H1 and are planning to extend my H1 along with my wife H4. My question is, we both have EAD's and I never use EAD. My wife is looking for jobs on EAD. If she works on EAD, can she still able to extend H4 status?
Thanks
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pokiri
07-09 11:21 AM
Hi Uma,
As you mentioned that I need to apply the transfer through a Lawyer, I am little confused.
My consulting company with whom my H1B exists and to which my wife's H1B to H4 transfer is planned, have sent me the required documents "I539, Application to Extend/Change Non-immigrant Status" and asked me to send them to USCIS myself.
Is this fine ?
Thank you.
As you mentioned that I need to apply the transfer through a Lawyer, I am little confused.
My consulting company with whom my H1B exists and to which my wife's H1B to H4 transfer is planned, have sent me the required documents "I539, Application to Extend/Change Non-immigrant Status" and asked me to send them to USCIS myself.
Is this fine ?
Thank you.
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joydiptac
03-19 07:40 PM
I guess it means nothing to us. My file has moved over the years from CA -> NE -> SJ NBC -> TSC.
TSC was the most efficient machinery USCIS had. Someone in NSC may not have liked this, so they are moving the old files to TSC to make it look just as bad. :D
TSC was the most efficient machinery USCIS had. Someone in NSC may not have liked this, so they are moving the old files to TSC to make it look just as bad. :D
H1b_to_GC
06-04 10:59 AM
What did you attorney tell you to do?
I emailed attorney and waiting for reply.
I emailed attorney and waiting for reply.
Dhundhun
06-13 04:18 PM
I'm a July 2007 filer going to file for my EAD for the first time. Since I'm currently on H1B, how should I answer this question
I'm applying for:
a) Permission to accept employment
b) Replacement
c) Renewal of my permission to accept employment
I think I need to go with option "c" since moving from H1B to EAD would qualify for a "c" response
Please advise.....
Thanks
The option "a" will be used, for "c" you need previous EAD. Refer to http://immigrationvoice.org/forum/showthread.php?t=18737, which addresses several issues.
I'm applying for:
a) Permission to accept employment
b) Replacement
c) Renewal of my permission to accept employment
I think I need to go with option "c" since moving from H1B to EAD would qualify for a "c" response
Please advise.....
Thanks
The option "a" will be used, for "c" you need previous EAD. Refer to http://immigrationvoice.org/forum/showthread.php?t=18737, which addresses several issues.
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