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Gurus Pls help

I was with Company A whn I got married which had my visa and I 94 till Nov 08,2006. My wife wnt to consul. and got her visa and I-94 till same date.
I came back to US alone and changed to company B in July 06 and got my I-94 till 2009. Since my wife came to USA after that she didnt get her xtension.
i forgot to file for her xtension.
I had to agn change the company C in Dec 06. Thats whn i realised her I-94 expired in Nov. I applied for her I 539. But it wasnt approved by INS.
I have decided to send her back before 180 days, because if she crosses 180 days, it can be a 3 yr ban.
She will have to go back to consulate now now for visa stamping. Will she have a problem?

Thank u
Why don't you apply your H1B in premium rather. Strictly speaking she has have gone out of status. But at the worst case, the USCIS will just approve her I-539 as non extension of status (which means she doesn't get a new I-94 with the extension and rather just gets a H4 approval and would be asked to go to the home consulate for visa stamping and reentry.) . Hence my bet would be to wait for her I-539 approval and then make the decision. But most likely her I-539 extension of status would be just approved (ie she would get a new I-94 with new extension date ) and she doesn't have to travel back to the consulate.

Yes, my EAD was approved and stay with same employer. What happen if I don't go out of country after I get a fresh H1B approval notice?


Yes, you can renew if your 140 is approved, i have done mine, my H1B was expired and used EAD for 2 months, and again file fresh H1B and got approved and went out of country to get stamp done,
Thanks,

I am on the same boat :(. Company A is sending me emails every week from past 1 month. Today he sent me a mail saying his legal attorney has started preparing a case against me. I want to be prepared for any legal action. What should i do? Please help

No E2 (EB2) consular processing cases were scheduled by mumbai consulate.

Mumbai consulate - Consular Processing appointments

September

http://mumbai.usconsulate.gov/uploads/images/eKYmGhGmUU2-9o2l0sVwDg/IV_APPNTS_0908.pdf

August

http://mumbai.usconsulate.gov/uploads/images/ijH_SNSNIxW4rcRSdtw44Q/IVAPPNTS0808.pdf

Give me a green dot if you can.

Please ask your lawyer whether the H1 is being filed as " change of status" or "consular processing". If it is consular processing then she will have to go and get the stamping done. As per my knowledge if H1 is rejected she can still enter on H4 since it is still valid. I assume the H1 petition will be filed on 1st April. If she enters after that date then most probably it will have to be consular processing

However please check with your lawyer since the above is only my understanding

Good luck

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Pappu,

Could you please tell me what I am supposed to do ?

Thanks,

Please send an email to info at immigrationvoice.org with a proof for your continuing subscription for us to check the records and fix this.

omg everything is s coool

My friend is with the current employer for the past 3 years and now she has her H1 renewed .The employer had some issues with USCIS and currently she is on bench and is planning to go to india to get married.She has an appointment in Tijuane but she is worried if the employer history would affect her chances of stamping.So she is planning to have her H1transferred but she has her marriage in feb.So what are her options of getting her stamping done?

This is not a good idea.

Can she go to India with new employer documents having applied for transfer(premium processing)and have her stamping done there?
It is better for her to wait until she gets her documents approved and then go.

Is the pay stub with the current employer compulsory?

It is better to have some paystubs from the past six months at least and also carry some w2 forms.


How much time does it take if she goes for premium processing and what documents would she need from the new employer(incase the transfer is pending by the time she goes to India)?

In premiumn processing it takes 15 days to get the approval normally. And if it is premium processing, shouldn't hurt to wait some more days since it is better also.

After all these are my two cents against what you are trying. It is always better to consult your lawyer/attorney with the employer your friend is intending to transfer to.

please go home and check your email.. :)

PS:BharatPremi, I sent you a PM

I already checked with my attorney - a scanned copy is enough

Karthik

Thanks CoopHeal.

Others Any suggestions?

Thanks
askreddy

Should you get immunizations done *before* you met the Dr?

If you have immunization records, you need to present to the Doctor. If you do not have records, Doctor will administer certain vaccines or will request blood work to test for the immunity against certain diseases such as Vericella, MMR, etc.

Yes. There are people who never had H1 ever from cos, and still got their GC.

U.S. Department of Labor has implemented a new integrated online system � known as the iCert Portal � through which employers can submit applications for permanent labor certification, labor condition applications (LCAs) and other applications for immigration-related DOL programs. In addition, the agency will introduce new editions of Form ETA-9089, the PERM labor certification application, and have already introduced Form ETA-9035, the labor condition application. iCert has already replaced the method of LCA filing for H-1B. The new iCert system begins to accept LCAs as of July 1, 2009. Employer and attorneys as the case may be, can still use the old LCA account but cannot submit new LCA. New LCA has to be filed from iCert.

Following are the new changes which has taken place:
- The new LCA requires writing the SOC (ONET/OES) code and the occupation title for the job.
- The new LCA has a section for basis for the visa classification supported by the application. There are the following categories:
a. New employment;
b. Continuation of previously approved employment without change with the same employer;
c. Change in previously approved employment;
d. New concurrent employment;
e. Change of employer;
f. Amended petition.
- One has to indicate the total number of H-1B/H-1B1 (http://www.h1b.biz/lawyer-attorney-1137085.html) non-immigrant workers.
- The new LCA also requires, in the employer information section, to indicate the Trade name/doing business as (DBA), if applicable, the old LCA does not have this requirement.
- In the new LCA, one is required to write NAICS code.
- There is a new section in the new LCA - Employer point of contact information, which requires to indicate the following: full contact�s name; contact�s job; contact�s address; contact�s telephone number; contact�s e-mail address.




More... (http://www.visalawyerblog.com/2009/07/icert_portal_for_lca_filing.html)

are you guys saying that the "costs" for the medical exams can be reimbursed by our insurance companies? I did not know that... In case that is true, I will submit mine for reimbursement...
thanks for the info..

got to the SSN office with ur receipt, tell them you are waiting for ...... long for the card. you need the number to give to the employer. most of the officers would look in the system and would give you the number.

Get your 140 approved and then move,

link please?

my lawyers have indicated that i would need a 551 stamp in the passport if the card doesn't arrive on time, using AP etc is not an option.

anyone been through this situation and has more details?

thanks


Oh ok,i think if you are outside US when your GC approved then AP is the only option..May be getting 551 stamp on PP is the option in this case..