Sept 4 2008 - Recording available

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Dear Rajiv ji,

My friend had a family emergency (Dad passed away) and had to visit India.

His 140 and 485 are pending.

He is currently on H1B status and needs to go for a stamp to return to the US (after 5months).

Will he have any issues with GC processing or any issues with H1B.

Any help would be highly appreciated.

Thank you very much in advance.
 
H1 Approved; should I pull out H4 extension on Sep30th

Hello Rajiv Ji,

My spouse came to US on H4. We applied for H1 for my spouse on April 1st. Her H4 (and my H1B) expired on Aug1st 2008. So we applied for my H1 extension (on June 10th) and her H4 extension (on June 25th) separately.

Now her H1B is approved with COS (I94 attached). I believe her COS takes effect on Oct1st 2008 and she will move to H1 on Oct1st.

My H1 extension is approved in Aug but her H4 extension is still under processing.

1. If her H4 extension is approved before Oct1st, can you please confirm that it is all well and good. She will be able to move to H1 on Oct1st (although the H1B, COS was applied with the old I94 attached to the Passport)

2. If her H4 extension is approved after Oct1st,
she will move to H1 on Oct1st based on her COS. Then when H4 is approved, she will again move back to H4 and she cannot work thereafter

Can we pull out her H4 extension application on Sep30th ? If we pull it out, would she be on H4 status from Aug1st to Sep30th because the extension was in processing during that time.

Note: My Labor and I140 are approved and we have applied for I485 late August.
 
Re-entering with re-newed EAD?

Hi Rajiv,


My wife went India with her existing AP (not shown at airport), She already applied AP renewal before she leaves this country. Can she come back to US using her new (renewed) AP? i.e. If I mailed that renewed approved AP to India,can she come back (carry) with that renewed approved AP?.

Her Status: She entered as a H4, Converted into H1 (No Visa Stamp on passport) after that She used her EAD (Present).


If she comes with renewed AP, Will that effect anything with I-485 file?
If she comes with existing AP, How many days before expire she can enter into US?
 
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Security Clearnace

Hi,

I applied for green card back in 2006 through marriage and was interviewed in April 2007. Case is pending since because of name check. My lawyer did an inquiry in July and it came back as pending at third party review/investigation agency. I called congressman's office and i believe they did an inquiry too and they emailed me that you name check has been cleared but finger prints are expired and security clearance is pending. Can you please explain me what is this process now and how long this can take.

Thanks
 
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Delay Green Card in lieu of Marriage

Appreciate your service to the community via this forum to help us understand where we stand on various, often confusing immigration related legal issues.

If this has been addressed before, I apologize, I went through much of the previous posts but could not find it.


My case: I am an Indian citizen on my H1-B. I also have my EAD (EB2 category) with priority date as October 2006. According to current DOS bulletin, EB2 is current for August 2006, so I expect it may progress to October shortly.

Issue: There is a high possibility that I may get married towards beginning of next year (undecided as of now) to a person in India and would like to bring them over to USA as a dependent on my GC.

Question: Is there any way to delay getting the GC, until I can get married and then bring with me as dependent? What are my options?


Thanks in advance.
 
I am in this country since Dec 2002 working for company A as Software engineer. They filed my I140 & 485 that got denied back in 2005 on a2p. Company A appealed for the denial and filed my H1-Ext based on the appeal. H1 got approved then Company A refile my I140 based on the same labor but with better documentation. New I140 got denied again based on a2p. Company B started perm back in June 2007 and filed I140 in EB2 for (Electrical Engineer) in Nov 2007 which is still pending, My question is I want to transfer my H1-B to company B which filed a petition for job (Electrical Enginner with similar job duties ) which I am doing now from a H1-B (Programmer analyst).. Will there be a problem transferring h1-B with programmer analyst to h1-B with electrical engineer.

Thanks[/I][/I]
 
I am a PR since 11/14/2003 and will be 5 years on 11/14/2008.

QUESTIONS:
1. Am I Qualified to apply now ? or when can i apply for Citizenship
2. I am planning to get married in Nov 2008 in India. Is it better to wait and apply including spouse(Indian Citizen) in the application ? or apply now and later ammend the application with spouse details.
Below are the out of country details.

Please guide me the best possibilities.
Appreciate the help
Best Regards
Sri

I had been out of the country for the following duration
India Trips
2008 = 24 Days
2007 = 99 days
2006 = 24 Days
2004 = 22 Days
---------------
= 169 Days
---------------

Canada Business Trips 4 days a week in Canada and come back to US for the weekends
2008 Feb 12 Days
2008 Mar 17 Days
2008 Apr 08 Days
2008 May 04 Days
---------------
= 41 Days
---------------


- sri_valere
 
Please see my blog

Hi,

I am on H4 in the USA , I have applied two H1B's through two different employers (Compnay-A and Compnay-B) on Apr 1st , 2008 and both have got approved which will effective from Oct1st , 2008.

I have the following questions

1. Now I have two new I-94's through two different employers ( Company-A and Compnay-B ) plus I have my own H4 I-94 with me. do I need to return all three I-94's if I leave the US

2. As I have two approved H1B's with company-A and company-B, Can I easily switch from Compnay-A to Company-B later time then to company-A etc . For this do I need to inform USCIS. Is there any -ve consequences in that ?

3. Can I apply SSN now using Company-A H1's approval then join in compnay-B from Oct 1st, 2008

Thanks

I have moved your inquiry to my blog and answered it there. Link is: http://immigrationportal.com/blog.php?b=39
 
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