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  • theshiningsun
    12-16 08:44 PM
    thx for the clarifications.





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  • java4yogi
    03-28 07:38 PM
    Hi,

    I have been searching a lot for the H4-H1 cases and have come across the following responses from my lawyer.

    My wife has an H4 from my previous company expiring in July end 2007.

    I have a new approved H1 petition from my new employer approved till Aug 2008. The new employer did not apply for my wife's H4 transfer petition.

    I am now applying for my wife's H1 and I had queried from the lawyers if I need to do the following :

    a) Do we need to apply for my wife's H4 extension now to my current employer.
    RESPONSE FROM LAWYER : NO

    b) Do we need to apply for the extension for my wife's H4 visa, since it is ending last week of July 2007.
    RESPONSE FROM LAWYER : NO

    I am not sure if I am getting the correct responses from my company's lawyer.

    I think my wife is going to go out of status if my company does not apply for her H4 extension. Is that correct ?

    Also, if her H4 is only valid till July end 2007, will the INS issue her an H1 based on this ? Will my wife be forced to leave US from Aug onwards if her H1 petition is pending with the INS?

    I would be very thankful if you could respond to these statements from my lawyer and advise.

    Thanks a lot in advance.





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  • AllVNeedGcPc
    05-21 10:33 AM
    As long as you have your returning documents, i.e. AP for yourself and valid unexpired visa for your wife you should be OK.

    Just use AVR (search online and print the rules). This way you can return on same I-94 within next 30 days.

    We used it when we did our landing back in 2008.

    Hello

    My wife and I will be Canadian Permanent Residents in a few months. I am on EAD with I485 pending and have AP. She is on H1B

    We will need to Travel to Canada for Immigrant Landing formalities after we get PR.

    How can we enter back in US so that my AOS and her H1B Status is not affected?

    Thanks





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  • vskp
    12-28 03:14 PM
    Following is the situation:

    My H1 (6 years) expiring on 7th Mar'08 (have 35 days of vacation might be good till 11th Apr'08)
    Labour filed on 06/20/2007 , still awaiting..(so 365 days rule does not apply for 7th yr ext)
    Spouse was on H4, got H1 in Oct'2007 (no stamping done for H1).

    Falling short of 10 weeks to get the 365 days rule

    Options that I learnt for me getting 7th yr extension and staying in the country:

    Option1:
    Convert to H4 toward the end of H1 6 yrs expiry date till June 20th(to get the 365 days rule in effect)
    File for 7th year extension based on the 365 days rule
    Convert from H4 to H1 and start working.

    Option 2:

    Get Canada working visa (not sure how long it will take to get though) and work till June 20th there (to get the 365 days rule in effect)
    File for 7th year extension based on the 365 days rule
    Stamping in canada to return to USA.
    (I am hoping 7th year extension can be done while I am outside the country)

    Option 3:

    Go back to India for 3 months wait till June 20th,
    File for 7th year extension based on the 365 days rule
    Stamping in India to return to USA.
    (I am hoping 7th year extension can be done while I am outside the country)


    Option 4:

    Leave for India immediately and stay there for 10 weeks and recapture them along with 7th year extension(while I am in India )

    Can the gurus/experts please put in any issues I might be running into or if any of the option above are not at all feasible(may be I am ignorant)



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  • Beemar
    08-30 09:44 PM
    IRS is very clear on this. SSN+ITIN couple filing jointly, no rebate for either of them. See this link http://www.irs.gov/newsroom/article/0,,id=179211,00.html

    However, you should apply for an SSN for your wife ASAP. You may retroactively get this 2007 rebate when you file 2008 taxes.

    Using your wife's SSN for tax purposes will not impact her legal status in any way.


    Is it true that H4 spouse, who do not have SSN are not eligible for tax rebate if while filing a joint tax return for 2007 ITIN is used for spouse.

    It seems ITIN is given to illegal aliens too and hence it is not possible for IRS to determine which ITIN holders are legal and which are illegal. Thus they are not going to give tax rebates to ITIN holders.

    My wife is on H4 and has a EAD/AP. Should I apply for SSN to receive the tax rebates? But since the tax rebates are based on 2007 tax return I will have to file the tax return using her SSN to get the rebates.

    Also will SSN affect her H4 status if EAD is not used?

    What do you guys think?





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  • TomPlate
    07-05 02:09 PM
    All can file I-485 now. please go through this link.

    http://www.murthy.com

    Finally feel happy



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  • alterego
    02-05 05:57 PM
    Matthew Oh is reporting that the USCIS is planning to deny EAD applications filed more than 120 days before expiry. Source is described as correspondence to AILA from the USCIS. Hmmm!
    I thought I read somewhere on their website that we should apply 180 days before expiry.

    http://www.immigration-law.com/





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  • jaggu bhai
    10-13 11:30 AM
    Hi folks

    We have applied for COS for my wife from H4 - F1, and yesterday we got approval.
    (TOOK ONE MONTH APPROX),
    Now the question is,
    I AM AWARE THAT SHE HAS TO GET STAMPED IF SHE TRAVELS TO INDIA, BUT what if she travels to India, when on OPT status????

    Any seniors had experienced the same situation?????????

    Pl advice

    JAGGU BHAI



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  • vsrinir
    03-12 04:47 PM
    Jump-start U.S. growth through immigration

    http://blogs.reuters.com/great-debate/2009/03/12/jump-start-us-growth-through-immigration/





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  • webm
    03-12 09:38 AM
    fyi.

    120 days (4 months)...



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  • milind70
    04-08 08:03 PM
    I assume u r returing US worker i.e means that ur just getting ur H1B extended in that case u can choose any consulate in your home country.i recently got stamped at New Delhi Embassy but my consulate is Mumbai.
    Since I could not get dates for Mumbai consulate during my visit to India even though i paid my fees at HDFC mumbai branch. it should not matter as long as u pay your fees and u r a returning worker.





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  • gaz
    11-10 02:26 PM
    This may have been posted here elsewhere - what do you think of the legislative timeline Ron Gotcher has described?
    http://imminfo.com/resources/newsletter/200810Newsletter.pdf



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  • Khan123
    01-19 01:55 PM
    Do you have any idea about the other legal options in terms of immigration i might have.?





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  • scoldme
    04-26 10:01 AM
    Thanks a lot CRAZYMONK :D



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  • RadioactveChimp
    04-09 03:03 AM
    sort-of boring.....





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  • sina
    12-12 03:43 PM
    Yes, AP will be abandoned if you leave the country before it is approved. So wait till you get the AP approval and then go for the stamping. I was in such a situation and my attorney adviced me to wait till AP approval. In that case even if Visa gets rejected ot delay one can return on AP.



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  • GCard_Dream
    06-07 10:55 AM
    One of my family member came to US on visitor visa a year ago. She was granted 6 months visa at the port of entry. After 6 month, she filed for another B1/B2 extension with USCIS and was granted another 6 month of stay. The 6 month extension is about to expire.

    She had booked her tickets and got ready to leave but unfortunately she became seriously ill and currently is not in a condition to travel. She is going through medical treatment but because of the seriousness of the illness, it might take another couple of months before she is healthy enough to travel.

    Now the question is can she apply for 2nd extension of visa based on medical ground. By law, can she even file for a 2nd extension given that she has already been in the country for about 12 months. I talked to an attorney and he said that she can file but likelihood of getting another extension is very low.

    If another B1/B2 extension is not possible, is there any other kind of visa available for her to stay here while she is going through the medical treatment?

    Thanks for the help in advance.





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  • sanjay02
    11-23 07:28 PM
    Hire a competent attorney for your interview.





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  • narayan_shinde
    02-03 03:36 PM
    Hi,

    Both me and my wife are on EAD and have valid AP (valid till December 2010), H1 expires in Jan 2011(not stamped on our passport) . Priority date is June 2005, have a job and have current paustubs/w2.

    My wife is in India currently - we both are planning on coming back in April sometime with our new born baby. My question is about getting H4 stamped for our baby.
    1.Do we need to get our H1 stamped on our passport to get H4 for our kid ?
    2.What happens if our I485 gets approved before we get H4 stamp for our kid ?
    3.What is the procedure these days to get H4 stamped on passport ?

    NS





    ps57002
    03-01 09:36 AM
    Not sure if I posted this on right forum....

    I'm at 485/EAD stage. not on H1b anymore. I recently badly sprained and fractured my ankle/foot. Am considering taking a leave for maybe two weeks from work.

    Question: does going on short term disability and getting benefits from the state have any adverse effect on the immigration process?

    Please let me know. Thanks.





    minimalist
    11-12 10:05 AM
    The policies that are supposed to help recovery are being worked on and will take time to show results. Remember nobody felt the recession until 1 year after it actually started. While waiting for the policies to take effect or show results ,positive or negative, they can act on other things that are important.
    All other activities are not being carried out while ignoring the economy. They are trying to multi-task.
    Think of it this way. When dinnertime comes around, mom may be preparing dinner and watching TV at the same time.It doesn't mean she is ignoring the family needs.



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