stefani joanne angelina germanotta_06

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stefani joanne angelina

roseball

04-02 12:19 PM

Hi All,
My Wife�s I-94 expired on Jan 15, 2010 and I did not know that I had to apply for her H4 extension while applying for my H1B extension under regular processing on March 1, 2010.My employer also forgot to apply for H4 extension. Now that, it�s been more than 2 months with the I-94 expired, Can you please let me know what options I have to resolve this issue?

1.Can I upgrade my H1 Processing to Premium and add the H4 processing to it, so that both H1 and H4 are processed simultaneously?
2.If adding H4 while upgrading H1 to premium is not possible, Should I just upgrade my H1 to Premium so that I can know the results soon and have ample time (before the 180 days grace period) to apply for H4 extension(I-539).Is it true that H1B premium approval is risky compared to regular processing ?

3.Is it safe to go back to India within 180 days (after I-94 expiration) and get H4 stamping in her home country once I get my H1 Extension?

4.Should I just leave my H1B in regular processing and attach the H4 extension (I-539) to it? If attaching H4 is not possible, Can I file H4 separately and get it approved before 180 days expiration?

5.Once her H4 extension is approved, can she get her H4 VISA re-validated in US? Can she apply under �Nunc-pro-tunc� Category?

6.Does she have an option to attend H4 visa interview in Canada or Mexico as her Visa and I-94 are expired? If yes, is this better option than going to India?


Please reply.
Thanks in advance
Chinna

Just apply her H4 asap. No need to upgrade your pending H1 extension to PP (unless your employer is paying for it). Only your H1 application will be processed under PP. They will process H4 under normal processing. Both applications are processed under PP only when they are applied together. There is no separate PP service for I-539 application. I don't see a big issue here since not much time has passed since her H4 expiry. I have seen worst cases, more than 2 yrs before realizing H4 expiration. Like others suggested, no need for her to travel outside the country for stamping. Just file I-539 asap and go from there.

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stefani joanne angelina

Administrator2

03-24 09:37 PM

bump

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belmontboy

04-09 05:58 PM

how do you change the title of this thread?
Admin: could you please change the title to "Home buying - personal experiences"

Home owner's please shareyour personal experiences. That would help prospective buyers like me a lot.

- thanks in advance.

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t4930pd

10-20 01:27 PM

4th grader at USCIS decides the future of highly educated people! What a "JOKE".

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apt29

08-17 02:59 PM

Thanks Kondur_007,
I thought the same about the officer . Now , am in the second category..Have an H1 but my i94 is on H4 stamping ..I hold an Indian passport , do you know if i should get the H1 stamping (first time stamping) in India or can i conveniently get it done in Canada?

Once get a job offer, or intended join date:

You need to do a Change of Status from h4 to h1 with USCIS again. Your Lawyer should have more details about it. At that time you get a H1 papers with I94 attached and extended. You can get a ssn, once the H1 becomes active. Cannot get SSN for future effective date H1.

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CRAZYMONK

08-11 09:17 AM

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The Foreign Educational Document Service
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uscis_prob

07-31 06:17 PM

Hi all,

I have a problem with my I-140. its has been denied. The I-485 frenzy was going on and the attorney is not responding. After follow up I relaized that I got a rfe to show 5 years exp. I have masters degree and 7 years of experience. my experience letter was missed, which had 5 years experience.

the uscis people interpreted requirement wrong as our labor requirement says BS+5 years or MS
They sent rfe for 5 more years despite me having Masters.
The response which my attorney had given was that he has MS and he does not need 5 years experience more to qualify.
I was not in the loop during this process. the web site is not updated too. i got denial last week.

After talking to attorney, he filed motion to reconsider with all the proofs.

its been 10 days, i have not received any notice of receipt yet.
how long does it take to get a receipt.

can i file i-485 now, since my I-140 is applied to reconsider? Is thrre any way out?

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aat0995

01-15 10:03 AM

Hi!
I was wondering if you guys know any link on Dept on labor (or uscis.gov) that says that employer is responsible for all the legal(lawyer) fees. I work for a government firm and they only pay H1b fees that they are supposed to pay to USCIS. At the same time, they force me to hire a lawyer (I cannot file it myself) and they want me to pay for the lawyer.

I was wondering if you know of any law that I can show them and ask them to pay for the same.

Thanks in advance :)


-Supported the million dollar drive

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willwin

03-24 09:56 AM

That's useful to know thought it was just mine that was taking forever. My PWD request was submitted January 27th. 9 weeks later still waiting. Should I just wait in the hope that my company's lawyer is keeping track and knows to submit another PWD request?

Lucky you!! Mine was filed on Jan 5th and still waiting!!

I think the labor certification is slowing going back to 2 years approval time including PWD. 3-6 months for PWD and 1 year to 2.5 years for Labor.

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JA1HIND

01-17 01:43 PM

Sick & tired of this VSC processing time frames, I hope they know what they are doing?

Applied for my H1/H4 (8th year) extension on October 22, 2007 and no approval as of today..not sure how long its going to take in order to approve these H1/H4 extension....my last approved H1 will expire in March 1st week of 2008. (still waiting for 140 approval at TSC).. Drama part-2 starts when ever 140 gets approved and applying for another extension .. oh lord!!

Not sure if VSC is trying to meet processing time frames for these visa extension applications with applicants Date of Birth....:D (I am sure that's what they are trying to do with cases filed in EB2 for 140/485)

oh god!! please give us energy & patience to deal with this processing centers!!

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CaveMan232

10-22 12:50 AM

How long would this whole process take by the time 140 is approved?

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SL%%

03-02 08:10 PM

Thanks SL & Lost in GC process,

Sorry for not being clear in C & D. I am in US. The question I meant to ask is about the the time that I am not physically present in US i.e. If I went for vacction in India for a month, can that one month be included in my H1B1 extension since I was not physically present in US. In other words I would file for 1.1 year extension as opposed to 1 year

One the same topic, a friend of mine got a three year extension post 6 years of H1B. When asked, his lawyer informed, if you have an approved I140 then you are elegible for 3 years extension as opposed to 1 year. Is this true. Can some refer to the right CFR's

Thanks
Senthil

For the first one, I don't think that is applicable. As to what I know it doesn't matter whether you left for 1 day, 2 mos or whatever, your expiration still stands and cannot be change. No rollover or so hence Sep. 07, 2009 still stands for you.

For the second one, seems like desi3933 answered your question.

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lost_in_gc_land

02-02 03:43 AM

Yes you can fedex the AP to india and yes she can use it while coming back if needed. I got this from USCIS level 2 immigration officer.:D

Hello,
I would like to check with you if you know of someone who has used an AP that was approved while that person had left the US and received it by mail/fedex/etc. to get back in the US. I am in a situation where my H1 stamping is in security/background check and it been that way for over 75 days. I have an AP that was approved and mailed to me but I have been told by my lawyer that it is not ok to use AP or atleast without risk of not being allowed entry

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mzdial

March 20th, 2004, 11:43 PM

Thanks for reminding me of the loss. I was sitting about ten rows up screaming. I saw you there, you must not of heard me yelling. Hehehe..

-- Matt

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Kodi

08-28 06:50 PM

Received 2 yr EAD, I-140 pending as of 4/18/08

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Lollerskater

10-30 02:33 PM

Look guys, I'm a J.Barret 10:25am NSC case. I've already gotten my receipt, but my heart really goes out to all of you. I understand your pain firsthand.

What I want to say to you is, don't just sit here complaining. Do something! There are many other threads with advice as to what might be relevant to your case. Look around for CADude's posts. His information is very useful. I also posted my own experiences and solutions.

Read everything. Find out exactly what the hell is going on. Figure out all the factors. Understand the situation. An old movie had the saying "Chance favors the prepared mind." It's true.

I pray you will get out of this rut asap.

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voldemar

07-02 10:29 AM

All EB Unavailable
http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html

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bluekayal

11-01 05:35 PM

I am hoping to file I-140 next week or so based on an approved labor with PD of 2004. Any idea if it is possible to tie my Sch A 2006 PD with this older one? Thanks for your input!

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jin108

08-02 08:49 PM

Hi,
I am one of many people here waiting for the date to be able to apply for I-485 because of visa retrogression. I have 3 more H-1 years so I am considering changing a job in category EB2 so the process can be faster (my PD is Jan 2004 with approved I-140). My question is whether this position below can be considered in EB2 or not. To my knowledge on Eb2, it must be more than 5 years experience with BS or MS. I have a MS, but my work experience in US is total 4 years 4 months (intern 10 months in US during MS + 11 months with OPT after MS + 2yrs6months with H-1B).

This is just a part of the job description:

- BS Degree plus 3-5 Yrs experience or MS Degree plus 2 Yrs experience.

Thanks.

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kirupa

07-27 02:59 PM

Ah - glad you found the answer. I was thinking that because ShowDialog is a modal dialog, it may be blocking any operations that are going on in the background. I failed to realize that OpenFileDialog does not have a non-modal Show method which displays the dialog without forcing it to have all of the app's attention.

:)

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sorcerer666

08-22 11:23 AM

I think something is missing here. How did they find out ?? Did they take you in for secondary inspection?? taxes?? If your university allows online classes, you might be able to finish your courses online and complete the required coursework(i.e. ofcourse if you dont need to finish thesis or defend project work) the university should be able to confer you a degree.... might be worth chatting with the international office.

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