Hi-Tech Tattoo

Kalyan, sorry to hear your case.
What reasons were you given for the denial of your case?

To the original poster:

Since the MTR was already filed you can still extend the H-1B. However, if the MTR gets denied then no further H-1B visa extension is possible.

BTW - even the H-1B extension can be applied based on 'Labor Certification applied more than a year ago' criteria an I-140 denial will override the above benefit.

i have first hand experience. don't believe what USPS guys tell you. All CIS mail says 'Address Service'. I guess that means only deliver to that address otherwise return to sender.

i too talked to USPS guys, believed what they said and did mail forwarding and AP was returned back to CIS. learned a costly lesson.

AFAIK, people got RFE's when they moved very far, like coast-to-coast, but none for people moved not so far.

my experience with AR-11 was good. but make sure to complete the second step for pending applications.

What is the second step you are referring to? I thought only an online AR-11 is good enough.

I will be changing my address next month (same zip code and state).

No, it is not too late but JUST IN TIME.

After this hearing, first set of votes will be taken to decide if this bill should be made debatable or not. It just requires simple majority.

Then, the real thing begins. Debate , amendments and the final voting followed by reconcillation between the two houses.

Even if the bill pass "as it is" we will be in MUCH BETTER POSITION " then what we are in today.

After all, the effective green cards are increased to 725K per year , along with recapture provisions and exemption for people with certain master degree.


From http://www.immigration-law.com/Canada.html

List of Witnesses To Testify at House Judiciary Immigration Subcommittee Hearing Tomorrow

The list:
Congressman Jeff Flake, R-AZ, co-sponsor of STRIVE Act of 2007
Congressman Joe Beca, D-CA
Congressman Ray Lahood, R-CA
Congessman Brian Bilbray, R-CA
Tony Wasilewsi, Small Business Owner, Schiller Park, IL
Eduardo Gonzalez, U.S. Navy Petty Officer Second Class, Jacsonville, FL
Rev. Luis Cortes, Jr., President Esperanza USA
Joshua Hoyt, Executive Director Illinois Coalition for Immigrant & Refugee Rights
Cassandra Q. Butts, Sr. Vice President for Domestic Policy Center for American Progress
David Lizarraga, Chirman of U.S. Hispanic Chamber of Commerce
Julie Kirchner, Director of Government Relations Federation of American Immigration Reform
Corey Stewart, Chairman At-Large, William County Board of Supervisors, FL

The list indicates that the skilled worker immigrant worker community is not well represented in this hearing. We will post the text of the testimony as soon as it becomes available.

Cubans and their family members need not wait in line to get green card.

http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/E7-22679.htm

I applied for my labor in July and my PD is July 2007. If I get approved before August 17 then will I be able to apply for I140/485 before August 17th.


Yes, but you'll need hard copy of your labour certificate which takes 1-3 weeks to arrive. I suggest keep ALL other documents 100% ready to go and send the application the moment your LC arrives. If it does not arrive by 16th, include whatever proof you have of the LC approval (email nitification etc..) and send your application. you never know they may accept it and issue an RFE later..

Hi

To best of my knowledge
A1. H1
A2. no time limit.
A3. Yes she needs H1 Stamping.
A4. You can reapply H4 for her

If I am wrong please correct me.

What about EB1s? Were they also Unavailable in the interim July 2- July 17 blackout period?

Contributed $100 today.

Right.

But Mr Gutierrez thinks otherwise. Hispanic Democrats know very well that if Legals get any reprieve, then the fate of undocumented provisions is for sure dead. That's why all legal provisions have been held hostage.

Unfortunately, legal immigration doesnot have any representation in the senate to work for our interests.

Suprisingly, majority of the Americans favor legal immigration over undocumented, and any legal provisions will have public support. A few senators are playing dirty politics and holding thousands of legalites ransom. If CIR fails, I would hope/pray these Hispanic Democrats don't get elected in mid-term so that we can move forward

catch 22 both ways! One way or the other we are joined at the hip to the Hispanic community.

I am sorry for what you are going through.

What the heck is going on with the USCIS? It's seems like we are seeing too many denials without any RFEs nowadays!

cjain...

Everybody has a right to express their opinions...immuser has the freedom to share information..I have the freedom to express my opinion....Hope you learn something from posts from alterego..He shared a different view which was very informative....I admit I had'nt thought about it that way...showed me a different perspective...

I guess it's time you grow up....by making sarcastic comments you help no one....If you have nothing to say....there is no rule in the forumn that you have to.....Ever tried keeping your mouth Shut...

Its better to keep your mouth Shut and let others think you are a fool, rather than opening your mouth and confirming all doubts ...

I totally agree with your earlier comment. This is an immigration forum for people like us in the US. If we can just post anything here, then I'd like to post my problems with my neighbor as well.

Once again, Good on you mate!!!!

Hi All,

We are planning to goto canada for our H1 visa extension (actually i changed my job to new employer also). My H1 visa expires on Sept 31st 2007.
We are planning to go in August 2007 itself.

Lets say if our h1 extension is rejected or some issue what will be our status?
Can we come back to US and plan for our india travel or we have to leave to india from there itself?

I heard that mexico has different rules?

Thanks for your help.
You can not enter back into US if ther visa gets rejected. You have to go to your country from Canada itself. Mexico also has the same rules and not different. Consult your attorney too.

I got my receipt numbers from the checks... I issued my personal checks where checks address is different that 485 address.... I hope this is clear... Please don't worry too much...everyone will get the receipts soon...

Compare the above poll with this (http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/414123-poll-to-sample-pending-eb2-india-pds.html) one

Looks like USCIS has done quite a bit of house cleaning.

If there is somebody who has not voted in the general EB2 poll- then please do.
Good luck to all who are still waiting!

No one is intrested in knowing the facts?

Back in the old days when there weren't as many IV members, people thought twice before giving a red dot to anyone. Now it has become kind of a fashion. You can get a red dot for asking questions someone thinks has already been asked or for asking simple questions which someone thinks that you should know or if you don't agree with someone's viewpoint etc etc. You might get a red dot if someone doesn't like your handle :D (I hope this is not true)

After someone presented a data of how many visas were allocated to India in past five years, I made a comment that India has in fact gotten far more visas than the allowed 7% in past few years. That was just an observation from the data presented yet I ended up with about 200 disapprovals and 2 red dots. I didn't say that India shouldn't have gotten those visas or if it was fair/unfair to anyone else but lot of people just hated the comment.

It just shows how intolerant IVians have become to other people's point of view. I am sure I'll get a red dot for this too :D

so now people give red dots just for asking a question about EB3...where is ACLU:D

Recently my wife went for finger printing.... none of us except her received FP notice. So she went there and did FP and asked the person over there about why I didn't get FP.
The person asked her my name and A#. He looked into the system and said I didn't get FP because by July you will get your GCs...... my FPs are still valid.... I know what he said is not true.... as you can see my PD.... but I keep wondering why he said that after looking in his system...... :confused:

PS - Sorry for the Title. But I am just quoting him.

EXACT same thing happened with us in Feb. The person taking FP told my wife that we will get our GC in April but the cleaver part was that she never mentioned they year!!! :)

Now everything is queued..... no more cutting lines.

no more lc substitution!!! isnt' this was already done last year??? :confused:

were you sleeping? why there is a sudden new thread today?

In 1996 I joined a residency on J-1
1999-2001 i did a fellowship
2001-2003 another fellowship- needed special permission from ECFMG

2003 started a waiver job and I'm still in the same job in my 4th year.
Good job in a very nice metropolitan area.

Home residency requirement is 2 years
The new Conrad law is certainly better and should make things somewhat easier.

If i140 is revoke by earlier employer , will it possible to port PD to new employer?.

You cannot file EAD/AP without the Receipt notice. Since u will be filing it urself anyways(no layer fee involved), y dont u file it with just stating the 485File number in the covering letter, also attach the prints of the checks cashed.

I would say its worth giving a shot.

[You may also state any lame reason that u/employer/lawyer have misplaced the receipt notice in the covering letter ...try this at ur own risk]

Yes u should send all the docs relating to the case if u dont have the Receipt notice.

FP notice is a great idea, also because its a look alike to the Receipt notice.

PD before 31st 01 that too EB3

Indians and other skilled workers in US will face the axe if they do not do anything for themselves.

Have you joined a State Chapter? Please do so now

Hi Surpreet,

Did you explore more on ARRA? Is it OK to take that benifit during AOS?

Thanks

I came across one member who is taking ARRA in Northern california. He is a frequent visitor to IV forumn.

I have had applied for UI and did not have any issues yet. 9 weeks over. Secondly i have recently asked UI whether they would pay relocation if i get a job in a another state.

J Thoams

This is the time to channelize all your frustration into positive energy. Yes, we can collective work towards ending retrogression.

Join your State Chapter today

Follow the link

http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52

Come on folks, this is time for action.

Start working towards IVs goals and you will be glad that you are doing it.
----
Absolutely, join the state chapters and join hands to act. If not than be prepared to wait for a rreally long time for your GCs.

pl somebody answer

If they receive too many responses during advertizing period, they may not process your gc. That is all to it. At that time u might chill out and wait for a year or so and reply. If your skills are in demand, I do not see a reason to wait. It is always better to take a dive as early as possible. Good luck.

Absolutely correct. This is the experience I had in my case. My company is fortune 550 company. They received lot of responses when they posted ads. I could not beleive the repsonse I got from VP. And they do not want to file green card now. He simply said 'he found candidates' :(

You can set up register on the website of USCIS. After you get an account, put in your case receipt #, and you can monitor the progress of the case.


I did it on 12/06 and it shows the same date since then...

in fact it has not allowed me to add our app recipt numbers earlier and when I tried on 12/06 they got added to the online website...

so can I consider that there are no recent LUD's on our 485 apps?

thanx a lot for the info...

GCProbs,

Could you EDIT the title of this thread from "Need an advise" to "May not work for my GC sponsoring company" (or something similar) so that we can hear more from others who are in the same boat?

thanks.

You cannot use current job's experience in any situation
From the above posts you can defintely use the priority date once I-140 is approved and move on.

My Question is can you start a new application under PERM with the same company, use the experience gained in the current company to apply under EB2, and use the locked priority date.

Hope I make sense. I have been with my current company for more than 5 years and used the EB3 category and have no intention of leaving etc, but if I were to reapply and use the old priority dates, my dates would be current.

Thanks in advance for your comments.:)

Hi,

My I-94 which was issued 2 years ago in the port of entry got expired(this I-94 was based on my previous employer "ABC". I have applied for H1 extention and got my 797 extended with new I-94 recently with my new employer "XYZ".

My question is which I-94 details should I use while filing my 485. Obviously my labor was filed by "XYZ" company.

Regards
Kasi

last i heard, ins was planning to introduce a rule saying - if i140 is not filed within 45 days of labor approval, it was going to be voided. Many people opposed this idea..but at the same time, it had its benefits because, people file labor and then sell it many years later. this rule was meant to prevent these kind of shady substitutions.

Ok, thanks for the info...really appreciate it...will let him know to stay atleast 3-4 days and then leave.....by the way did u go to Ottawa for stamping or some place else in canada?

I went to Vancouver . It's the same thing as Ottawa. I've been to Ottawa twice as well. Got passport either next day or within two business days (Alhamdulilah)

what's your plan posting this information ????

I was alarmed to read the title and thought that it might render ac21 useless. But it's all about the merits of the original I-140 which would be the case irrespective of use of ac21.

Hi Folks,

What is the fastest and perhaps a little economic way to get documents over to chennai (Tamil Nadu) or Calicut (Kerala) from here in San Jose, ca.

USPS has this service called Express Mail ($27.95) or Priority Mail ($12.95)
I guess USPS is claiming 6-10 days (guess no gurantee) to india.

Other couriers seems to be $70+ (FedEx, UPS, DHL)..

Anyone has had good luck with USPS ? or do you suggest the couriers mentioned above ?

Need to get docs for an interview for parents on Feb 26th in Chennai...

Thanks in Advance for your reply !!

USPS is cheap and best...


There is one more thing even cheaper...

put it in a water tight bottle and throw it to the pacific ocean...and pray it will reach chennai.:D

My HR notified me yesterday that they have received the receipt for my H1B. Thank God! Good luck to everyone awaiting a response.

Quota - General
Premium Processing - No
Notification Date - 04/28/08
Receipt Number - Yes
Notified via - email from HR
Employer - Company
Multiple Petitions - No

i dont think you will get the copies of I140, it is owned by the company and they have every right to keep it. Nothing much you can do about it, its perfectly legal for them to do that. If its a desi lawyer you might have change of getting a copy but most of the lawyers will not suggest your company to give it. i went through the same, my company was ok with giving me the copy but the lawyers suggested against it.

Yes, copies should be fine..IMHO only, you can check with a lawyer though.

Gemini,

Isn't it enough to send a copy of the Affidavits of Birth and not the original. I think USCIS requires only copies of all documents. Correct me if I am wrong.

Quick question - Our firm's attorney is being super-secretive in not letting me see the labor and/or the I-140 application. My wife is a dependent on the I-140 application. The I-140 is filed using premium processing.

Will I get a copy (courtesy) of either the receipt notice or the approval notice from USCIS directly?

If your 140 is filed under premium. Just relax and have fun with your family. You will get approved 140 at your home in a week. Good part of the story is, I-140, USCIS sends to your home not to lawyer. :)

For the past 2 renewals in FL for me it was like that. They will give exactly for 1 year and will have TEMPORARY in red color font.

Couple of times during travel, Airport TSA authorities asked me why it is temporary in DL and asked me do you have any other photo id proof. So I started carrying Passport with me during the travel to avoid this mess.

someone just woke up after 8 months, now asking the agenda, not willing to spare a penny or bring in energy, but wants an "update" about the date & time he will get his GC in mail. Is that something new, NO, its been a consistent behavior, that's why I never liked gjoe.



.
I didn't want an update. I know what is going on and also when we will get our GC. I just wanted to make you realize that your goals and actions are not in sync. I hope you understand what that means.
My penny and energy are invested in the right place were the returns are in propotion :)

Good luck to you and all.

Did you have to change your address while you switched jo?. And if you had changed address, did you inform USCIS. I am trying to find out if address chnge is what triggers RFE for job switch. Also were you on H1B or using EAD with previous employer.

I changed jobs early this year with a 20% pay cut and with different titles and with different client type (private vs public). Got GC last month. No RFEs. I did not inform USCIS.

Before switching jobs, I checked with my attorney and made sure that I am covered, made sure that my previous employer will not revoke my approved I-140 and made sure that my current employer will cooperate with the process. Last month my GC got approved.

Good luck.

Hi,

I had applied for H1 for 2008 from two different employers.Both got approved.Now my concern is ,
1)would there be any problem during the Visa stamping?
2)What should i do to other visa ,which i will be not using?
3)How should i approach the employer whose employment i will be not accepting?
4)I have signed one offer letter from the employer but other employer had not provided me with the offer leter.so whom should i join?


Just pick the one that you to want join with. It doesn't matter if you got more than one application approved. The effective H1B will be the one that you would use for stamping at embassy.

Hence relax and have fun!!

thank you duttasurajit for the link.

Hello,

Sorry to read your experience ... not to rationalize the conduct of the rude employee, but they are also just human beings who have family, financial worries/problems and not all of them like their jobs either ...

Having said that, there is no reason for you to accept the rude behavior of anyone ... you are asking for a visa, not begging for it! Here are somethings that you can do ...

1. Email to the Consul General to file a complaint (provide as many details as possible, e.g. time of interview, window number, sequence of interactions, specific parts that you found offending and unreasonable). Here are the contact details (http://mumbai.usconsulate.gov/contact-us.html).
2. Write a letter to Consul General with copy to US ambassador, the Ombudsman of state department and Secretary of State. Here is the online form (http://contact-us.state.gov/cgi-bin/state.cfg/php/enduser/ask.php?p_sid=qk*MUpak&p_accessibility=0&p_redirect=&p_sp=cF9zcmNoPSZwX3NvcnRfYnk9JnBfZ3JpZHNvcnQ9JnBfc m93X2NudD05NCw5NCZwX3Byb2RzPSZwX2NhdHM9JnBfcHY9JnB fY3Y9JnBfc2VhcmNoX3R5cGU9YW5zd2Vycy5zZWFyY2hfbmwmc F9wYWdlPTE!) (and on left side, there are phone numbers and addresses).

Always remember that you are a free citizen of a free country who is working in US because there exists documented need for your skills in US.

Good luck and I hope your visa is granted in due time ...

My state in four lines

1) Came to US on F-1 Visa, never completed my masters

2) Shifted to H-1B and i have been with the same client and havent been to India for four years.

3) Now i am doing part time MBA from a top Ivy league school and i have $40,000 in loans from my MBA. i have not finished it as yet.

4) Applied for labor and priority date is Jan 2007 and i wanted to apply for 1-485 and AP and Skip H-1B stamping

But because of the july 2nd i cant do that anymore and i will have to go to H-1B stamping. I wonder what will happen if my stamping gets rejected. If dont attend classes for 4 months. My student loan will start asking for monthly payments. I am in a quagmire.

But still i have decided that i will go to India in any case and if payments become overdue for more months. I dont know what to do.

I had so many hoped on the current numbers . Any idea guys what can i do?


If your H1's job requirement is a bachelors degree, then they cannot reject your H1 stamping.

Don't be too happy since it moved May 2001 for India. DOS is moving the dates solely based on the demand from the USCIS. They dont know what is DOL cooking ( or they dont care). The BECs have roughly done half of their work. Thats about 180K. Another 180K ( roughly) are pending. So once
they all cleared we may get a better picture of the Plight of EB3 & EB2.

My guess is that anybody who has a PD (India)

Jan 2003-Dec2003 9 years
Jan04-Dec04 12 years
Jan 05 > 15 years
as per present law.


This also underlines the importance of an effective lobbying. We have to make this baby organization to a much stronger one. With lots of dollars and lots and lots of people. In my opinion we should have at least 75K active contributing members.

One good thing is that people who came to US recently ( after 2004) and who apply PERM get things done in 8 months until I140. At I140 they realize they cannot move forward. They are slowly understanding the agonizing situation we are all in. I hope this will eventually turn in more people to immigration voice.
Good luck to all
babu

Dear Guru's

I got rejection notice from TSC for a valid I-485 application stating that "A Visa number is not available at the present time".

However, I have two I-140 approved one in EB3 with 10-Nov-2004 as PD and another I-140 in EB2 category with 10-Aug-2007 as PD.

It is evident that Based on 10-Nov-2004 my PD is current and my application highlighted the same in bright cover sheet and my application still got rejected.

based on notice we filed the same application back and this time CC'd to ombudsman emphasizing the same fact for PD.

Its been a week we respond to rejection notice and haven't got either acceptance or rejection letter. and haven't heard back from ombudsman.

I am optimistic and would wait to get the response but I am worried since only 5 business days left before the dates get retrogressed.

I would like to know what actions do I need to take "while the date is current"; so that I can pursue my case further after 9/30/2008.

Is there anyway I can talk to ombudsman office and get personal attention to my case.

Guru's please help me out with your experience and ideas.

I filed last year with 2 I-140's wherein 1st was current and second was not. They accepted it.
I think you can still ask them even after 09/30. You may want to keep record of your dispatches.

BTW, it (filing with 2 I-140) is not a good idea as you may need to keep reminding them.

I am pleasantly surprised and would like to thank Sen Mendez on behalf of all the IV members in his constituency for sponsoring visa recapture bill in Senate. Few days back when we called his office, his position was different. But because of we all calling and requesting for his support, he graciouly has agreed to take up our case. Speaking with his staff, I came to know that more than thousand calls were made to his office in support of the visa recapture bill.


Are you sure he just changed his side? I think he was on the sponsor's list at least a couple weeks ago.
Either way, it's great news.
And we have at least 4,5 co-sponsors from CHC. Hopefully they won't create a problem this time around.

Hi

I am trying to book ticket for my summer travel to India and frusteted with knowledge of travel agents and airline peoples. My story is like this:

I have EXPIRED F-1 VISA STAMP, VALID H-1 APPROVAL , NO H-1 STAMPING IN PASSPORT, HAVE ADVANCE PAROL FOR REENTRY ( My family is also traverling with me with H-4 approval and AP)

I want your guidance : For going to India ( and coming back also !!)

(1) Which CITIES I can TRAVEL Through WIthout requiring TRANSIT VISA?

(2) Which AIR LINE OPERATES flights through these cities?

(3) what are the non-stop flight options available between US and India?

(4) Non-stop flights are cheap or costly compare to other one stop flights?

( I dont want to apply for TRANSIT VISA, I had already sent too much money on H-1 and GC process and traveling with my family so if I go for Transit visa it will cost me atleast 1000 $ extra !!!)

I want to go to AMD ( Direct or through BOMBAY if possible)

Also let me know any good knowledgable travel agents who knows rule and give good deal for India.

thanks for your help.
I was checking LAX (Los angeles) to AMD (Ahmedabad) via SIN (singapore) , you are taliking about 30 to 36 hours of travel time, top of GSP/ATL to LAX.
I suggest , if you dont have any time constraint ( like unpaid vacation/timeoff) , that is the best what i searched so far.

LuDs are trivial. Sometimes there are LuDs on cases for no apparent reason.

I have had LuDs on my approved 140 even when there was nothing to begin with. Nothing pending since 140, no 485, no H1 extension. Even then there was LuD on 140.

No one really knows what LUD really indicates. Because there is really no pattern in LUDs on cases. NONE.

Rather than asking other blind men to lead you, why dont you take it upon yourself and find out for once and for all.

Let's say LUDs, or lack thereof are bothering you so much that you are losing sleep over it. You are trying to connect dots over LUD, fingerprinting and EAD etc. If you really want something so badly, why dont you stand up and fight for it and ask for it. I am not asking you to help IV or contribute funds or join state chapters. If you dont want to join state chapters, then dont. If you dont want to help IV, then its a different thing. This isnt about that.

But atleast, for your own good, if something bothers you so much, then do something for yourself. Get an appt with ASC and find out what LUD means. Fly to Washington DC, go to director of operations office at USCIS headquarters and ask them what LUD means and why isnt there more transparency in online status. Why do we have to connect dots with LUDS and whey cant there by step-by-step update of each petition. GO AND FIGHT FOR YOURSELF. Ask them why cant we know where my 485 file is at each step of adjudication process. Why is there only 3 possible status for every petition , like case is approved, or case is rejected or we sent request for more info/evidence. Just 3 possible statuses for each petition that really goes thru elaborate stages and statuses.

Sitting here and asking other people, who dont know anything more than you do, is the same thing as one blind man asking another blind man to cross the street because the blind man is too lazy and to shy to ask someone with eyesight for a favor.

Again, I am not doing this to goad you into state chapter or funds. Or joining IV. Dont want to do what IV asks, then dont. But atleast do something FOR YOURSELF. Drive to DC, sit in USCIS HQ and ask them for something better than LUDs.

It is a waste of time to speculate and connect the dots (LUDs) that dont even exist.

Anybody knows how USCIS will process un signed I-140 Petition? I filed for Labor substituion and I-140. I forgot to sign the I-140 petition.

May I know the implications of this? What all are the possibilities ? Will they reject the application?

If I remember correctly, I signed only one form for 140 and that was G-28, I believe. I did not sign actual 140 form...for sure. My 140 petition was accepted on July 10 and received 797 receipt on July 16. BTW, mine was not Labor substitution.

I am the primary applicant.
But AP seems to be going the other way. I got my approval. My wife hasnt yet.

dont confuse dated dob cert with the registration date...as long as the dob cert has the registraation date within 3 years or less, i believe, then u r ok...
It should be one year or less. That is what my lawyer told me. If the registration date is more than one year after birth, then an affidavit is required.

this is how cir will end..... with a procedural vote -
Financial regulation plan fails first Senate test - U.S. business- msnbc.com (http://www.msnbc.msn.com/id/36770907/ns/business-us_business/)

bet $100?

What does that mean?

Congratulations!!! Celebrate! :D

.....
55 lakhs is too high for a person who has only 6 years of US experience.


Not really .... My brother worked in India for 3 years and worked here in US for 5 years before moving back to India and he is earning good too.

Salary for any job depends on lot of factors. How one negotiates is a key factor.


_________________
Not a legal advice.

Hi,

I have a serious problem and I am not sure what would be the solution. My wife came on H4 in 2001 and we applied for H1B and we got an approval which was valid until Oct 2006. But, in Mar 2006, due to some personal reasons we applied for COS from H1B to H4 and we got H4 approval which was valid until Aug 27, 2006. Before the expiry of H4 status in August 2006, we decided to apply for H1B and since her H1B was valid until Oct 2006, our attorney applied for H1B under I-539 and they didn't apply for H4 extension simultaneously. Meanwhile, while the H1B was in process, we applied for premium processing later which added few problems. We got an RFE on this case and our attorney answered it by sending appropriate docs but again we got a second RFE which is not answered yet.

Right now she is out of status and also, what will happen if her H1 is rejected and is it possible to apply for H4 right now, since it was expired in Aug 2006. If her H1 is rejected, can we apply for H4 even though her H4 was expired few months back or she has leave the country. Please help us out.

Thanks & Regards,
-- Venkat


I-539 is the request to extend or change the immigrant status,
I don't think your wife can extend her H1b status after she change it to H4 by filled the I-539 from. The only exention in I-539 form is extension to stay.
I'm not a lawyer but as far as my experience, In order for a person who previously has H1b then has H4 get back to their H1b again, they have to reapply for a new H1b visa (the process kind a similar like transfer H1b since it will not count toward the caps).

My sugestion right now is consult with another lawyer and see what they suggest. If you have the ins receipt for the extension (from I-539), see what stated in it. Hold on to that receipt.

you can't rely of people opinion regarding your case, when you have trouble and if you have a good lawyer they should represent you and assure you that they did the right thing. If you're not sure about your lawyer ask another lawyer, keep looking for a lawyer that can give you suggestion and make sense.

Good luck.

Can some one help me on this subject please......

I dont wish to make this a publicity forum for companies or individuals, But it would be heartening to know about other successful entrepreneurs who have been in the similar shoe of this immigration mess. It would be nice if IV members can post their successful ventures in the yahoo group and inspire other members. Please refrain to advertise but feel free to share your experience as an entrepreneur and your successful ventures in the yahoo group.