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desi3933

02-18 07:06 AM

I have H1 approval I-797 with me (received in last year quota) and H4 approval (which was applied before applying H1). Now I have a family emergency back home. I have to travel asap. My current H4 stamp in the passport is expired. So I have to go for stamping, either it be using H1 or using H4. Since I am unemployed at present I can't use H1 for stamping. If I come back on H4, what will happen to my H1 status? Will it be still valid to accept an employment or becomes void.

Please share your thoughts...

Thanks

You status is H1 and you are accumulating out-of-status days.

If your spouse is maintaining H1 status, you can go for H4 visa stamping. You may also use AP to travel.

If you re-enter US on H4, your status will be H4. However, if you have valid EAD, you can use that for work.

______________________
Not a legal advice.
US citizen of Indian origin

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Libra

07-09 04:59 PM

how to change my vote then???

over 250 people responded to the earlier poll and we see that atleast among IV'ites the PDs are spread all over the years (10% 20% 20% 30%-2006 10%-2007), and there are significant number of 2003/2004 PDs out there.

This followup poll is to see how many of these people are already in the I-485 system (likely to use up visa number as soon as one is available) vs waiting to file I-485.

************************************************** ***************************************
************************************************** ***************************************
***DO NOT COUNT YOUR I-485 FILING IN JULY 2007 FOR THIS POLL. EVEN IF YOU FILED ON JULY 1ST OR JULY 2ND***
************************************************** ***************************************
************************************************** ***************************************

ONLY EB2-INDIA PLEASE.

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rajmehrotra

07-05 11:45 AM

What has happened has happened. Maybe USCIS and/or DOS did goof up. Or maybe they really did want to reduce the backlog and use up all the available visas, and with all the good faith they could muster, worked themselves into a frenzy and on morning of July 2nd, they realized their blunder.

All the talk of lawsuits and class action, IMHO, is just a gravy train by the lawyers and for the lawyers. We, the 485 filers will just extras in their lush production. What kind of remedy do we expect? The Visa Bulletin is ex cathedra guidance, but subject to revision, even if there is no precedent for such revision. There is no law that spells out the formulation of the monthly Visa Bulletins. It is merely an administrative guidance tool, no different from a train schedule, with all of its implicit caveats.

Anyhow, hard as it is, we have to hunt for the silver lining in this episode. I think if this story got enough traction as a shining example of shoddy treatment of people who respect and follow the law, and contribute positively, in every sense of the word, to the well being of the United States, we will have it in play. Intervention from the Executive and Legislative branch could then be elicited. Individually, all of us should lay out our cases, respectfully and in good detail, to the Senators and Congressmen of our areas, to let them gauge the enormity of the problem at hand. This would be dream issue for the Senators and Congress people to attend to if it gains the critical mass. Doing whatever is required to right this wrong has no downside for any of them. They can even credit themselves for somehow rescuing a remedy out of the CIR fiasco. They can be the heroes here.

The New York Times and The Wall Street Journal have already run the story. We need to build up on this. Even the Lou Dobbs and law-and-order types in the public arena can be roped in on this one. After all, we are trying to immigrate the right way, by fastidiously following the law, and dropping significant chunks of dollars all around while doing so.

If our efforts lead to recapturing of unused prior-year visa numbers, a relaxation in per-country limits, a delay on the filing-fee increases, and perhaps some movement on the SKIL Bill, we will have a net gain.

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hinvin66

08-06 06:46 PM

Dhundhun

I've seen your posts since long and just noticed that we have the same RD/ND @ NSC.

RD: 08/02/2007, ND: 09/17/2007 @NSC

Have you seen any LUD's recently?

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maximus777

04-29 08:22 PM

Health care in India rocks! :cool:
Learn America - we dont need insurance nor do we need to foot outrageous hospital bills:D

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immitul

10-27 04:54 PM

So u are saying if she uses her EAD/ AP then my H1b is no longer valid? BTW she got her h1b visa in the lottery earlier this year.

Spouse using EAD, has no affect on your H1.

My wife has H1B and she got EAD now. She plans to use her EAD soon, so H1 status gets automatically canned.

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fromnaija

07-26 03:38 AM

Once you get a receipt notice you could send the correct marriage certificate with a letter explaining the mistake. It will probably lead to a RFE and not a rejection.

Just noticed that my lawyer has attached marriage certificate of my co-worker in the dependendent's petition. I am waiting for the receipt.

What are the impacts of this mistake? To compound the issue, my wife is flying out next week for a month to India.

Gurus any answers on this is deeply appreciated.

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shirish

12-19 10:34 AM

Core team can send emails to members with date and time and phone number they should call on. That way it can be organized as well.

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ramaonline

03-05 01:35 AM

Any kind of full time employment with monetary gains is not allowed on h4 status. You can legally go to university or any community college full time, and take up any kind of training programs or voluntary work with no remuneration. Also, passive investment such as stocks/ bonds etc is OK.

If your spouse's GC process reaches the 485/EAD stage, then you can get work authorization with EAD to do any kind of work full time or part time. Without EAD, you need some other work authorization such as H1 / L1 visa to work legally..

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pa_arora

09-21 06:44 PM

Dont lose hope, I think you will be in a better position with SKIL Bill. In the mean time, help us spread the word and to gain some capital.

Cheers!

Yes u will be in a better position with SKIL bill, but we dont know when will this be in or may be its not 'in' at all.

SO keep sailing in the boat with everybody.... ;-|

-p

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nashim

04-10 11:42 AM

We wish for 3 years but as of today both EAD and AP new/extension is for one year

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patiently_waiting

09-16 10:40 AM

This may be older, but it is useful in filing online.

Filing Advance Parole online - 101 (http://nixstor.blogspot.com/2008/09/filing-advance-parole-online-101.html)

Filing EAD online 101 (http://nixstor.blogspot.com/2008/05/filing-ead-online-101.html)

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me_myself

12-19 05:03 PM

div_bell_2003, thanks for the quick reply. Do you know any resource that i can refer to regarding the revocation of H1 - how long can i be without payroll, how long can i be outside the country etc.

Thanks.

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desiron

08-08 08:29 PM

Hi,

I just read the FAQ#3 and A33 says that I-485 �7/30/07 Y� should be used but my attorney used "07/24/06 Y" to file my I-485. Very worried now... any comments... what are chances that my apllication would be rejected?

Q33: When filing an EB I-485 using the old fee, what version of the I-485 form do we use?
A33: The current I-485 form version dated �7/30/07 Y� should be used.

Thanks
Ron

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kvranand

01-22 07:26 PM

Thanks to IV. You are my heart beat. You are the only hope to build my successful future. God bless IV.

kvranand

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ganguteli

03-24 11:30 AM

See
http://immigrationvoice.org/wiki/index.php/RIGHTS_OF_H1B/REPORT_ABUSE/REPORT_FRAUD

Everyone, please help add more content to this page to help our fellow friends who are abused by employers.

Please also add content in
http://immigrationvoice.org/wiki/index.php/HOW_TO_REPORT_A_BAD_IMMIGRATION_LAWYER

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akkakarla

09-01 04:12 PM

Did anyone get their GC Approvals from USCIS Local Offices which are pending after the interview is complete? If anyone is waiting for local office cases what is the process they are following and how is the approval process?

I am waiting for my approval of my EB2 India with PD Nov 2004. it is pending in San Jose Local office

I guess applications pending at local office are unlucky guys :-(

Anil

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sravani

05-07 05:44 PM

I lost my passport too and panicked too much. It took a month to get the duplicate passport, you need to provide the police complaint details while applying to the duplicate passport.

I found my lost passport later :rolleyes:

Assume you have a photo copy of your wife's passport. It's very important to provide this while applying for the duplicate passport.

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sweet_jungle

12-04 04:56 PM

Next year in July when we will become current, it will again become a game of probability. Because of the 2 specific issues I mentioned, we will have a slightly lower probability of our cases getting picked up. So, I am trying to be pro-active to address these specific issues. The issues definitely need to be fixed as these are glaring glitches in the USCIS file transfer system. I am thinking that we can draft a letter and all affected people can write to Ombudsman. Let me know what everybody thinks

I fail to see why these cases you are referring to are any worse off than many others.

I filed my I485 in May 2007, have been current for more than a third of the interim period and still waiting.

I have filed two service requests, two congressional enquiries and nothing. So have other people and it has not helped them either.

We are all in a black hole hoping for our cases to see the light of day some time just like the WAC cases you refer to.

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willwin

05-14 11:03 AM

Is there anyone out there pursuing CP and already working in the USA?

In today's economy/job market, it is a nightmare not to have the protection of EAD.

Is there anyway we can get EAD for people in CP queue? Issuing EAD for those CP filers who are already in the US on work (H1B) VISA - is that even a possibility?

Any thoughts?

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rameshk75

05-23 02:35 PM

I have filed 485/EAD/AP in Aug'07 and changed the address online using AR11 followed by the petitions for 485/EAD/AP for my self and the dependant.

Got confirmation in mail for all the pending petitions after 2 weeks. I have NOT called the USCIS office for the address change.

Hope this helps !!

Kunal,
please contribute for the funding drive if you have not yet...help IV to achieve the success for all US !!

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