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Jan 8 Conference Call - Recording available for download
- Thread starter monica1
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Hi Rajiv,
Would appreciate you advice on my case below -
Background:
My wife & I moved to the US in Jan 2007 on an Expat Assignment sponsored by my bank. Since I was moving within the same company from India to US, I was issues an L-1 Visa & my wife is on L-2. Our visas don't expire till Jan 2010. In July 2008 my employer offered to apply for my (with family) Green Card which I accepted. After allot of paper work & a medical exam of my wife & I, done by a civil surgeon, out Green card was filed in Oct 08 by my company's attorney. They applied my GC in EB1 category as a manager / executive (Current wait time for this is around 15-18 months).
We got our Biometric scanning done on Nov 28th 2008. Both of us have also got our Employment Auth Cards since our I-765 forms were approved by immigration.
Question:
Recently due to health complications with my parents, my wife & I are planning to go back to India & be with them.
1) Can my case be changed from AOS to CP at this stage ? If Yes, would this be a dis-advantage for me.
2) Are there any other options that you can suggest ?
Though I am ready for the worst case scenario where I have to abandon my GC application as ofcource parents are much more important than any GC, wanted to get your professional advice as to my options to save case since so much has already gone into this.
Thanks for helping all of us who see this as a light !!
Would appreciate you advice on my case below -
Background:
My wife & I moved to the US in Jan 2007 on an Expat Assignment sponsored by my bank. Since I was moving within the same company from India to US, I was issues an L-1 Visa & my wife is on L-2. Our visas don't expire till Jan 2010. In July 2008 my employer offered to apply for my (with family) Green Card which I accepted. After allot of paper work & a medical exam of my wife & I, done by a civil surgeon, out Green card was filed in Oct 08 by my company's attorney. They applied my GC in EB1 category as a manager / executive (Current wait time for this is around 15-18 months).
We got our Biometric scanning done on Nov 28th 2008. Both of us have also got our Employment Auth Cards since our I-765 forms were approved by immigration.
Question:
Recently due to health complications with my parents, my wife & I are planning to go back to India & be with them.
1) Can my case be changed from AOS to CP at this stage ? If Yes, would this be a dis-advantage for me.
2) Are there any other options that you can suggest ?
Though I am ready for the worst case scenario where I have to abandon my GC application as ofcource parents are much more important than any GC, wanted to get your professional advice as to my options to save case since so much has already gone into this.
Thanks for helping all of us who see this as a light !!
jonesjo714
New Member
I 485
Hi Rajiv,
First of many thanks for all your help and all you for for us.And a very happy and a prosperous new year to you, your office staff and every one on this forum. MY question is in regards to I 485 .
I am deravative my husband who got the GC on extra ordinary ability. We were dating before got marreid while he was in the process of getting gc he got his in 3 months while i have been wating for last 2.5 years every time i make an inquiery the say Fbi name check.He is European and i am from asia. My questions are:
Can i file for Writs of Memorandum (Wom) as a derivatve would it affect my husband GC. If i can file for Wom can i do it by my self or need a lawyer what your fees. My lawyer keeps on telling me to wait wait and wait.With the new rule would my case fall under it or how can i find out if it would or would not. As per the memo in march 08 for fbi backlog.Can i file and leave for overseas. Its my understanding that they have to give me an ans in 60 days.
I -140 does it apply to me as i was told by lawyer that it does not as i am current due to the fact we applied while my husband was in process of getting gc and he got it from EB 1 whihc is current for all.I applied in 2006.
We are planning to go over seas i have Ap till oct'09 and EAd till 2010, can i stay for more then 6 months even when my Ap expires while i am away due to family reasons.
Who should i include in Wom.I am bit nerves as i dont want to mess things for my hubby.Can they make his life hard for citizenship when he applies for it or my life when i apply for it, we just cant be a swinging pendulam per their descrition.
Please help and thanks you again for all your help.
Hi Rajiv,
First of many thanks for all your help and all you for for us.And a very happy and a prosperous new year to you, your office staff and every one on this forum. MY question is in regards to I 485 .
I am deravative my husband who got the GC on extra ordinary ability. We were dating before got marreid while he was in the process of getting gc he got his in 3 months while i have been wating for last 2.5 years every time i make an inquiery the say Fbi name check.He is European and i am from asia. My questions are:
Can i file for Writs of Memorandum (Wom) as a derivatve would it affect my husband GC. If i can file for Wom can i do it by my self or need a lawyer what your fees. My lawyer keeps on telling me to wait wait and wait.With the new rule would my case fall under it or how can i find out if it would or would not. As per the memo in march 08 for fbi backlog.Can i file and leave for overseas. Its my understanding that they have to give me an ans in 60 days.
I -140 does it apply to me as i was told by lawyer that it does not as i am current due to the fact we applied while my husband was in process of getting gc and he got it from EB 1 whihc is current for all.I applied in 2006.
We are planning to go over seas i have Ap till oct'09 and EAd till 2010, can i stay for more then 6 months even when my Ap expires while i am away due to family reasons.
Who should i include in Wom.I am bit nerves as i dont want to mess things for my hubby.Can they make his life hard for citizenship when he applies for it or my life when i apply for it, we just cant be a swinging pendulam per their descrition.
Please help and thanks you again for all your help.
W2 / H1 Stamping
Hi Rajeev,
I came to US on H-4 and got my COS done to H-1B in 2008. Though H-1 is in force from Oct’08, I did not find a job as yet and I’m sure will find one in this month or the next. My question is
1) Do I need to file W-2 for the year 2008 (will have to request my H1 sponsor to run the payroll for me) in order to avoid any problems in future, I mean GC etc., or is it OK if I start filing the same from 2009 on..?
2) Do I have any other option in the above case…like show my self on leave or training etc,?
3) Can I go to Mexico/ Canada to get my H1 stamped before I proceed to my native country?
Thanks in advance for your time and reply.
Hi Rajeev,
I came to US on H-4 and got my COS done to H-1B in 2008. Though H-1 is in force from Oct’08, I did not find a job as yet and I’m sure will find one in this month or the next. My question is
1) Do I need to file W-2 for the year 2008 (will have to request my H1 sponsor to run the payroll for me) in order to avoid any problems in future, I mean GC etc., or is it OK if I start filing the same from 2009 on..?
2) Do I have any other option in the above case…like show my self on leave or training etc,?
3) Can I go to Mexico/ Canada to get my H1 stamped before I proceed to my native country?
Thanks in advance for your time and reply.
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Dear Rajiv,
Actually I've been a member quite a while, but somehow I could not post, so I had to create a new account. I need an advice for my family's case below:
My brother is a GC holder from lottery, and it will take another 2 years to be USC. He's planning to apply I-130 for my parents. He was told that he could do this while waiting to become USC, then after the oath, the number should be immediately available. My parents is already in the USA for 2 months. The visa will the expired soon, but they own a 6 months stay permit.
The question is :
1) Can my parents stay in the USA these 2 years? I heard that AOS for parents' overstay is forgiven as long as they're not leaving the USA while application is in process.
2) When should my brother apply for AOS? Can he do it right now (together with I-130) or after the oath as USC?
3) Are there options for me? I'm already 30, single. I know it's difficult, but I just need an opinion.
Thank you for this wonderful conference opportunity. I wish you a brighter and more successful year ahead.
Actually I've been a member quite a while, but somehow I could not post, so I had to create a new account. I need an advice for my family's case below:
My brother is a GC holder from lottery, and it will take another 2 years to be USC. He's planning to apply I-130 for my parents. He was told that he could do this while waiting to become USC, then after the oath, the number should be immediately available. My parents is already in the USA for 2 months. The visa will the expired soon, but they own a 6 months stay permit.
The question is :
1) Can my parents stay in the USA these 2 years? I heard that AOS for parents' overstay is forgiven as long as they're not leaving the USA while application is in process.
2) When should my brother apply for AOS? Can he do it right now (together with I-130) or after the oath as USC?
3) Are there options for me? I'm already 30, single. I know it's difficult, but I just need an opinion.
Thank you for this wonderful conference opportunity. I wish you a brighter and more successful year ahead.
I-864 joint sponsorship questions.
Hi Rajiv,
I am US citizen residing here in the states and working in high tech company. One of my distant relative working in dubai and married to US citizen is requesting me to be their joint sponsor because the US consulate there told them that despite their strong financial position, they still need some joint sponsor from USA.They dont have any relative here besides me.
I read I-864 instruction but still have some questions.
1- Is there any other way than me sponsoring them? I am trying to help them but would prefer not to sponsor if there is an alternative.
2- What are the financial consequences of sponsoring someone? Is it too risky?
3- If i sponsor, is there anything i can do now or in future to protect myself.
4- I plan on sponsoring my parents and possibly siblings for perm residence. Is there a limit on the number of people you can sponsor? I don't want this sponsorship to jeopardize my siblings coming to states.
Thank you for this awesome conference. I wish you more success.
Hi Rajiv,
I am US citizen residing here in the states and working in high tech company. One of my distant relative working in dubai and married to US citizen is requesting me to be their joint sponsor because the US consulate there told them that despite their strong financial position, they still need some joint sponsor from USA.They dont have any relative here besides me.
I read I-864 instruction but still have some questions.
1- Is there any other way than me sponsoring them? I am trying to help them but would prefer not to sponsor if there is an alternative.
2- What are the financial consequences of sponsoring someone? Is it too risky?
3- If i sponsor, is there anything i can do now or in future to protect myself.
4- I plan on sponsoring my parents and possibly siblings for perm residence. Is there a limit on the number of people you can sponsor? I don't want this sponsorship to jeopardize my siblings coming to states.
Thank you for this awesome conference. I wish you more success.
jorgej2380
New Member
have been waiting for my GC for a long time now my lawyer says it could be any day but not sure when and i have herad this before so many times almost more then a year has gone by with same excuse. I have applied for a gc through marriage to a gc gal while she was in process she got hers i am still stuck.
My problem is that our relationship has detoriated over the course of time and i am thinking about a divorce or sepration for a while . We are trying to give our marriage another shot but its not workiogn very well i would like to know:
What happens if we do get a divorce and go our way can i still get a gc or would it be better to stay married and work on it or stay seprated but married until i get the gc and then get the divorce.Would it create any troubles for me or for her if i do get it and later apply for citizenship.
I want to go back to but she does not i was wondering if i can wait overseas for as long a day or a year or more so until i get the gc and just wait in my country while seprated but still married and then get a divorce or if we get a divorce and neither of us notify the ins what happens then can i still get the gc and can this later cause trouble.
My problem is that our relationship has detoriated over the course of time and i am thinking about a divorce or sepration for a while . We are trying to give our marriage another shot but its not workiogn very well i would like to know:
What happens if we do get a divorce and go our way can i still get a gc or would it be better to stay married and work on it or stay seprated but married until i get the gc and then get the divorce.Would it create any troubles for me or for her if i do get it and later apply for citizenship.
I want to go back to but she does not i was wondering if i can wait overseas for as long a day or a year or more so until i get the gc and just wait in my country while seprated but still married and then get a divorce or if we get a divorce and neither of us notify the ins what happens then can i still get the gc and can this later cause trouble.
Hello Rajiv,
My wife has H1B which is going to expire on 31st of April 2009,during her H1 she came to US stayed for 2 months and did not work during that period and she has to go back coz of ill health and now her H1b is going to expire
1.can she extend her H1B status from India??if not...
2.whether, she has to go through the lottery system, if she decides to go for new H1B??
OR, since i am on H1 and in USA, is it better to bring her to USA on H4??
please advise me and help me to get out this problem.Thanks in advance..
My wife has H1B which is going to expire on 31st of April 2009,during her H1 she came to US stayed for 2 months and did not work during that period and she has to go back coz of ill health and now her H1b is going to expire
1.can she extend her H1B status from India??if not...
2.whether, she has to go through the lottery system, if she decides to go for new H1B??
OR, since i am on H1 and in USA, is it better to bring her to USA on H4??
please advise me and help me to get out this problem.Thanks in advance..
I485 pending
I received this reply in result of inquiry i made. My lawyer also spoke to someone in Houston office and they gave my lawyer their badge number and a case number and told my lawyer that they will contact me within 45 days if not contact them.
Meanwhile, i also went for two infopass appointments in Houston office before my lawyers inquiry.
My lawyer called USCIS and inquired in Houston office.
"Based on your request we researched the status of this case. We are actively processing this case. However, we have to perform additional review on this case and this has caused a longer processing time. If you do not receive a decision or other notice of action from us within 6 months of this letter, please call customer service at the number provided below.
My questions is from your personel experenice what is going on with my case.
I applied back in November 2006 through marriage and it was pending due to name check but my congressman told me that my name check was cleared and now some security clearance is pending.
What is this double talk by USCIS, customer service agent says call back in 45 days and Houston office emails my lawyer that wait for another six months.
Thanks
I received this reply in result of inquiry i made. My lawyer also spoke to someone in Houston office and they gave my lawyer their badge number and a case number and told my lawyer that they will contact me within 45 days if not contact them.
Meanwhile, i also went for two infopass appointments in Houston office before my lawyers inquiry.
My lawyer called USCIS and inquired in Houston office.
"Based on your request we researched the status of this case. We are actively processing this case. However, we have to perform additional review on this case and this has caused a longer processing time. If you do not receive a decision or other notice of action from us within 6 months of this letter, please call customer service at the number provided below.
My questions is from your personel experenice what is going on with my case.
I applied back in November 2006 through marriage and it was pending due to name check but my congressman told me that my name check was cleared and now some security clearance is pending.
What is this double talk by USCIS, customer service agent says call back in 45 days and Houston office emails my lawyer that wait for another six months.
Thanks
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jersey1980
Registered Users (C)
Hi Rajiv,
Thanks for your service. One of my friend has applied for H1B extension and his previuos H1 with the same company expired in oct 2008. To his dismay there was a big query for extension and his extension was denied recently becuase whether the beneficiary is fit for the speciality occupation. This was very shocking because my friend has aready worked for 3 years in the same field and he has bachelors in Computer science and they already issued him H1B visa before.
what are the options he has to stay in the country and apply extension.
Thanks
Thanks for your service. One of my friend has applied for H1B extension and his previuos H1 with the same company expired in oct 2008. To his dismay there was a big query for extension and his extension was denied recently becuase whether the beneficiary is fit for the speciality occupation. This was very shocking because my friend has aready worked for 3 years in the same field and he has bachelors in Computer science and they already issued him H1B visa before.
what are the options he has to stay in the country and apply extension.
Thanks
Hi Rajiv,
I have quick question about changing job under AC21 . My I-140 app was recently approved . I filed in July 2007 during the uscis fiasco . Can you tell me what documentation i need to change the job . Do i have to inform USCIS before i do that . What other precaution i need to take before i change my job .
I have quick question about changing job under AC21 . My I-140 app was recently approved . I filed in July 2007 during the uscis fiasco . Can you tell me what documentation i need to change the job . Do i have to inform USCIS before i do that . What other precaution i need to take before i change my job .
Hi Rajiv
Firstly Happy New Year to you, I appreciate your work for the community,
1) My question is that I'm currently on F1 OPT and planning to file H1 in April 2009 but I have 2 offers hence I'm planning to file the H1 through 2 employers is this feasible under Master's quota?
2) After H1 approval is there a particular time frame limit to get the H1 stamping done is there any time obligation to visit Canada or Mexico to get the stamp or can I go later on? if yes what's the time frame.
3) If I file the H1 under Master's do I need my MS degree or transcript to file or else what other proof can I provide to USCIS to be under Master's quota H1 filing, as I have graduated yet waiting for the diploma?
Cordially
Looking forwad to your reply
Newbie Guthikonda
Firstly Happy New Year to you, I appreciate your work for the community,
1) My question is that I'm currently on F1 OPT and planning to file H1 in April 2009 but I have 2 offers hence I'm planning to file the H1 through 2 employers is this feasible under Master's quota?
2) After H1 approval is there a particular time frame limit to get the H1 stamping done is there any time obligation to visit Canada or Mexico to get the stamp or can I go later on? if yes what's the time frame.
3) If I file the H1 under Master's do I need my MS degree or transcript to file or else what other proof can I provide to USCIS to be under Master's quota H1 filing, as I have graduated yet waiting for the diploma?
Cordially
Looking forwad to your reply
Newbie Guthikonda
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kiranKrishna
Registered Users (C)
Dear Rajiv,
I got my Labor approved in EB3 category which I found based on information on “ETA Form 9089” where my employer filled in the following questions as:
Is the experienced in the job offered required for the job? No
Is there an alternate field of study that is acceptable? Yes
If yes, specify the major field of study: Bachelor Degree or Equivalent in Computer Science or Engineering (Any)
Is there an alternate combination of education and experience that is acceptable? No
My employer filed concurrent applications of I140 and I485 in Aug 2007. I got my I140 approved in EB2 category. My question to you is, will my I140 be revoked when they see this mismatch of approvals? Could suggest me on the consequences and how to deal if something happens?
I got my Labor approved in EB3 category which I found based on information on “ETA Form 9089” where my employer filled in the following questions as:
Is the experienced in the job offered required for the job? No
Is there an alternate field of study that is acceptable? Yes
If yes, specify the major field of study: Bachelor Degree or Equivalent in Computer Science or Engineering (Any)
Is there an alternate combination of education and experience that is acceptable? No
My employer filed concurrent applications of I140 and I485 in Aug 2007. I got my I140 approved in EB2 category. My question to you is, will my I140 be revoked when they see this mismatch of approvals? Could suggest me on the consequences and how to deal if something happens?
H1 and MBA
Hi Rajiv,
First of all thank you for helping us.
My H1 is approved and effective from Oct 1st 2008(I was on H4 before). Since October no pay check has been generated for me till now. I am also pursuing my MBA as a full time student (on H4 and now H1). I would like to switch to F1 status until I finish my MBA and use my approved H1 after I finish my MBA.
My employer may not be pleased with this situation. There is a possibility that he may cancel my H1 after I switch to F1.
Some of my questions are :
- Would I be able to switch my status from F1 to H1 when I finish my MBA and use same H1 without going through Quota for that year.
- Will I be able to transfer my H1 to a new employer even without having a single paycheck from my current employer.
- If my current employer cancels my H1 after I move to F1, will I be able to so above?.
- How long I can be on H1 without having a paycheck.
- Do I need any reference letter(experience letter) from my current employer for either transferring my H1 or when my next employers files for my Green Card.
Thanks,
Rarch
Hi Rajiv,
First of all thank you for helping us.
My H1 is approved and effective from Oct 1st 2008(I was on H4 before). Since October no pay check has been generated for me till now. I am also pursuing my MBA as a full time student (on H4 and now H1). I would like to switch to F1 status until I finish my MBA and use my approved H1 after I finish my MBA.
My employer may not be pleased with this situation. There is a possibility that he may cancel my H1 after I switch to F1.
Some of my questions are :
- Would I be able to switch my status from F1 to H1 when I finish my MBA and use same H1 without going through Quota for that year.
- Will I be able to transfer my H1 to a new employer even without having a single paycheck from my current employer.
- If my current employer cancels my H1 after I move to F1, will I be able to so above?.
- How long I can be on H1 without having a paycheck.
- Do I need any reference letter(experience letter) from my current employer for either transferring my H1 or when my next employers files for my Green Card.
Thanks,
Rarch
AOS - Unemployment period while on EAD
Hi Mr.Rajiv,
Wish you and everyone in this thread A Happy New Year.
History:
- I was employed on EAD.
- My EAD extension (I-765) got much delayed and due to this my services were terminated and then reinstated (after the approval).
- Neither termination or reinstatement orders were issued by HR but informed over phone.
- Finally, I was out of the employment for about 3 months. That means no pay and no employer.
Question:
(1) Will there be any impact on my GC (I-485) processing due to the above unemployment duration?
(2) Am I still in 'Adjustment of Status?
(3) How should I show the unemployment period in future for immigration purposes?
Best regards,
Kandu04
Hi Mr.Rajiv,
Wish you and everyone in this thread A Happy New Year.
History:
- I was employed on EAD.
- My EAD extension (I-765) got much delayed and due to this my services were terminated and then reinstated (after the approval).
- Neither termination or reinstatement orders were issued by HR but informed over phone.
- Finally, I was out of the employment for about 3 months. That means no pay and no employer.
Question:
(1) Will there be any impact on my GC (I-485) processing due to the above unemployment duration?
(2) Am I still in 'Adjustment of Status?
(3) How should I show the unemployment period in future for immigration purposes?
Best regards,
Kandu04
NonImmiKidsFate
New Member
Dependents on AOS - how long they can stay out of US?
Sir,
- Myself and my high school going kids are on 'Adust of Status (AOS)' through my husband, who is the primary applicant in I-485 application.
- Ours is 2005 RIR Labor in EB3, and I-485 filed in 08/2007.
- We are considering our kids education in India for the next 4 to 6 years. My first kid is 17 yrs. old and 2nd one will be 16 yrs this month. We have to take this decision because of high in college expenses.
Question:
(1) Can the depenedents who are on AOS, where the primary parent also on AOS status, stay out of US for education purposes? If so, how many years? Do they loose AOS status during their continued stay?
(2) Is the maximum 6 months stay out of US rule in case of GC holders also apply to AOS personnel?
(3) If my kids do not get their GC before they complete 21 years, will there be any problem for their entry into US?
Kindly guide us.
Regards,
Padma
Sir,
- Myself and my high school going kids are on 'Adust of Status (AOS)' through my husband, who is the primary applicant in I-485 application.
- Ours is 2005 RIR Labor in EB3, and I-485 filed in 08/2007.
- We are considering our kids education in India for the next 4 to 6 years. My first kid is 17 yrs. old and 2nd one will be 16 yrs this month. We have to take this decision because of high in college expenses.
Question:
(1) Can the depenedents who are on AOS, where the primary parent also on AOS status, stay out of US for education purposes? If so, how many years? Do they loose AOS status during their continued stay?
(2) Is the maximum 6 months stay out of US rule in case of GC holders also apply to AOS personnel?
(3) If my kids do not get their GC before they complete 21 years, will there be any problem for their entry into US?
Kindly guide us.
Regards,
Padma
NonImmiKidsFate
New Member
Child Protection Act in the case of Agingout children
Sir,
I don't have full knowledge of this but what I heard was - President Bush has signed the 'Child Protection Act' and according to this "......the bill would allow them to remain eligible based on the child's age at the time the application was filed, rather than the date it was acted upon....'
Does this apply to the children of Employment based petitions and where their parents are also awaiting for adjudication of I485 application?
If not under what way they can be protected against 'agingout'?
Thanks,
Padma
Sir,
I don't have full knowledge of this but what I heard was - President Bush has signed the 'Child Protection Act' and according to this "......the bill would allow them to remain eligible based on the child's age at the time the application was filed, rather than the date it was acted upon....'
Does this apply to the children of Employment based petitions and where their parents are also awaiting for adjudication of I485 application?
If not under what way they can be protected against 'agingout'?
Thanks,
Padma
silverback07
New Member
Hi Rajiv,
Please forgive my mistakes. Here is my problem/question.
In August 2008 I filed a Fiancee Petition for a planned December marriage. No action was taken on the petition through the end of November, so I went abroad and we were married on 12/12 our mutual birthdays. On 12/23 my Fiancee Petition was APPROVED!
THE NVC has forwarded our case to the consulate abroad and we are awaiting visa interview or instructions. What are our options or do we have any other than starting over with a Spouse Petition?
Many thanks and happy New Year
Please forgive my mistakes. Here is my problem/question.
In August 2008 I filed a Fiancee Petition for a planned December marriage. No action was taken on the petition through the end of November, so I went abroad and we were married on 12/12 our mutual birthdays. On 12/23 my Fiancee Petition was APPROVED!
THE NVC has forwarded our case to the consulate abroad and we are awaiting visa interview or instructions. What are our options or do we have any other than starting over with a Spouse Petition?
Many thanks and happy New Year
Hi,
I got laid off in july 2007 and transfered my visa to a desi consulting company in 2007 aug.I am on bench now and i dont have any paystubs and my approval has h1 till 2010 july and my passport has stamping till 2009 july.
and i recently got married to person who is in final payroll.
so what shld i do.
I got laid off in july 2007 and transfered my visa to a desi consulting company in 2007 aug.I am on bench now and i dont have any paystubs and my approval has h1 till 2010 july and my passport has stamping till 2009 july.
and i recently got married to person who is in final payroll.
so what shld i do.
Reinstate of H1B status
Hi Rajiv,
I wish you happy new year. I have few questions regarding my wifes H1B.
1. My wifes's H1B status has been expired in June 24 2008 at the end of her residency in Family Practice. I filed for her I-485, EAD and AP in JUly 2007. My me and wife's I-485 has been pending sine then. My wife used EAD to join as primary care phycian in Michigan after completing residency.
2. The hospital attorney filed for H1B and it got approved on Dec 31st 2008 and today the attorney informed us about that.
3. My understanding is due to pending I-485 even if H1B status has been expired, my wife lawfully present in USA since June 24 2008. It appears that the attorney says that my wife is in unlawful presence. I am pasting the email conten here for your reference below.
"Good news arrived today from USCIS -- they have approved the concept of reinstating the H-1B status and issued an approval notice (the H-1B status, once Dr. Sultana re-enters in H-1B status, will be valid through 12/10/2009). However, the change back to H-1B is not automatic. Dr. Sultana will need to leave the US and re-apply for a new H-1B visa in her passport (from the US consulate, preferably in Vancouver). She should plan to complete this process before the end of this month (before January 30) to ensure that she does not inadvertently accrue excess unlawful status in the US".
4. Can you please suggest me what measures my wife should take in this regard. and also I wanted to be clear if my wife is in lawful/unlaful status.
Thanks & regards,
Mohamed.
Hi Rajiv,
I wish you happy new year. I have few questions regarding my wifes H1B.
1. My wifes's H1B status has been expired in June 24 2008 at the end of her residency in Family Practice. I filed for her I-485, EAD and AP in JUly 2007. My me and wife's I-485 has been pending sine then. My wife used EAD to join as primary care phycian in Michigan after completing residency.
2. The hospital attorney filed for H1B and it got approved on Dec 31st 2008 and today the attorney informed us about that.
3. My understanding is due to pending I-485 even if H1B status has been expired, my wife lawfully present in USA since June 24 2008. It appears that the attorney says that my wife is in unlawful presence. I am pasting the email conten here for your reference below.
"Good news arrived today from USCIS -- they have approved the concept of reinstating the H-1B status and issued an approval notice (the H-1B status, once Dr. Sultana re-enters in H-1B status, will be valid through 12/10/2009). However, the change back to H-1B is not automatic. Dr. Sultana will need to leave the US and re-apply for a new H-1B visa in her passport (from the US consulate, preferably in Vancouver). She should plan to complete this process before the end of this month (before January 30) to ensure that she does not inadvertently accrue excess unlawful status in the US".
4. Can you please suggest me what measures my wife should take in this regard. and also I wanted to be clear if my wife is in lawful/unlaful status.
Thanks & regards,
Mohamed.
- Status