USIVC
12-21 05:28 PM
Below is what I think to your three case scenario:
Case 1: According to the USCIS's rule of last action, whichever petition or application came out last is your new non-immigrant status. So if your H1b transfer gets approved first and then your H-1B -> F1 gets approved, you are in F-1, or vice versa. But then if your first H1B has already expired before you turn in your F-1 application, it gets a little complicated. In that case, the F-1 application cannot be approved before the H1B transfer is approved.
case 2: If your first H1B is still valid, then it is ok if your H1B transfer is denied. If your first H1B is expired already before your submit your F-1 application, and your H1B transfer gets denied, you could be out of status.
case 3: If your H1B transfer is approved, and F-1 application is denied, you are still in H1B.
There is an article discussing authorized stay and authorized status which relates to your questions: Differences Between “Authorized Status” and “Authorized Stay” (http://www.us-immigrationvisa.com/article/differences-between-authorized-status-and-authorized-stay)
Case 1: According to the USCIS's rule of last action, whichever petition or application came out last is your new non-immigrant status. So if your H1b transfer gets approved first and then your H-1B -> F1 gets approved, you are in F-1, or vice versa. But then if your first H1B has already expired before you turn in your F-1 application, it gets a little complicated. In that case, the F-1 application cannot be approved before the H1B transfer is approved.
case 2: If your first H1B is still valid, then it is ok if your H1B transfer is denied. If your first H1B is expired already before your submit your F-1 application, and your H1B transfer gets denied, you could be out of status.
case 3: If your H1B transfer is approved, and F-1 application is denied, you are still in H1B.
There is an article discussing authorized stay and authorized status which relates to your questions: Differences Between “Authorized Status” and “Authorized Stay” (http://www.us-immigrationvisa.com/article/differences-between-authorized-status-and-authorized-stay)
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quizzer
02-08 05:59 PM
they are indian ctizens with singapore PR..they need B2 visas to enter usa.
redford
12-02 11:02 PM
My cousin is getting married to a US citizen in February 2009. I want to get information about K3 visa for spouse of US citizen. My questions are:
1. I have heard that it takes long time to get K3 visa, is that true?
2. If the above statement is true then what other visa option is best for her, visitor or fiance visa (K1 visa)?
3. Is it necessary that immigrant visa petition (greencard) is in process before applying for K3 visa?
Thank you all in advance for your help!!!!
1. I have heard that it takes long time to get K3 visa, is that true?
2. If the above statement is true then what other visa option is best for her, visitor or fiance visa (K1 visa)?
3. Is it necessary that immigrant visa petition (greencard) is in process before applying for K3 visa?
Thank you all in advance for your help!!!!
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rk2006
04-11 02:15 PM
Hi,
I have a EB3 labor and 140 approved with PD->12/2002. By 12/2002 I do have 5yrs experience but now (2007) I do have 5yrs experience and I am eligible for EB2.
My question to the gurus is can I use my EB3 PD for EB2 with new employer and can apply for 485 which is current for 12/2002?
Also, while during this transistion/waiting for EB2 labor and 140 with the new company what happens that my previous employer cancels my GC application? Can I still use that PD ?
Thanks in advance!
I have a EB3 labor and 140 approved with PD->12/2002. By 12/2002 I do have 5yrs experience but now (2007) I do have 5yrs experience and I am eligible for EB2.
My question to the gurus is can I use my EB3 PD for EB2 with new employer and can apply for 485 which is current for 12/2002?
Also, while during this transistion/waiting for EB2 labor and 140 with the new company what happens that my previous employer cancels my GC application? Can I still use that PD ?
Thanks in advance!
more...
for_gc
02-07 10:57 AM
Just saw this news on Economics Times (Indian Newspaper).
http://economictimes.indiatimes.com/US_may_hike_H-1Bs_unveil_new_visa_for_the_unskilled/articleshow/1569190.cms
http://economictimes.indiatimes.com/US_may_hike_H-1Bs_unveil_new_visa_for_the_unskilled/articleshow/1569190.cms
fcres
01-15 01:41 PM
Is it possible to use spouse's PD ?
Just to make sure i understand this CFR right Sec. 45. 2 Priority date of applicants. (http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c4934c1786b99f1896b1c58f5df66 d79)
Just to make sure i understand this CFR right Sec. 45. 2 Priority date of applicants. (http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c4934c1786b99f1896b1c58f5df66 d79)
more...
jonty_11
07-25 04:26 PM
FYI
EXTENSION OF TEMPORARY SUSPENSION OF PREMIUM PROCESSING SERVICE FOR FORM I-140
linky-->http://www.uscis.gov/files/pressrelease/PremProcI140_072407.pdf
Sorry if this is a repost.
-M
USCIS is all about balancing work...they are being forced to accept butt-load of AOS application, and they shift the balance this way....
Also they will take months or even years to send back receipts EADs etc...wait n watch....we made them swallow the tought pill, and they will make the same pill stuck in our throat for eternity now.....
EXTENSION OF TEMPORARY SUSPENSION OF PREMIUM PROCESSING SERVICE FOR FORM I-140
linky-->http://www.uscis.gov/files/pressrelease/PremProcI140_072407.pdf
Sorry if this is a repost.
-M
USCIS is all about balancing work...they are being forced to accept butt-load of AOS application, and they shift the balance this way....
Also they will take months or even years to send back receipts EADs etc...wait n watch....we made them swallow the tought pill, and they will make the same pill stuck in our throat for eternity now.....
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shree2010
01-08 03:33 PM
Can somebody pls respond....
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panky72
07-25 11:35 AM
Dear friends,
I received card production e-mail today.
My PD June 2007, RD Oct 2007. No REFEs. EB1 India.
Thanks for all the help and good counsel.
Lesson from this experience: Learn to handle delays. Take things in your stride. Do not make GC as end of your life. We can work anywhere and be happy, though US is a preferred destination.
In this process, I made so many friends and learned to heed others views and good advice.
Will continue to work for IV.
Congratulations
I received card production e-mail today.
My PD June 2007, RD Oct 2007. No REFEs. EB1 India.
Thanks for all the help and good counsel.
Lesson from this experience: Learn to handle delays. Take things in your stride. Do not make GC as end of your life. We can work anywhere and be happy, though US is a preferred destination.
In this process, I made so many friends and learned to heed others views and good advice.
Will continue to work for IV.
Congratulations
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JazzByTheBay
08-21 11:27 AM
No time for posting updates.. it's like when you're really busy on a project and asked for daily/weekly status updates.... :)
jazz
Any word yet on the Processing Dates.
jazz
Any word yet on the Processing Dates.
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immique
07-20 09:10 PM
it is my understanding that she just needs your H1 approval notice, employment letter, your pay stubs etc. I don't think she even needs her H4 approval notice for her H4 stamping. I am very sure that only your H1 related documents are needed(she needs your original H1 approval)-please check with your lawyer
Me and my wife filed H1B extension through a company. I moved to consulting after my extension is approved. The consulting company filed my H1B transfer which is approved recently. Unfortunately my employer (the consulting company I moved to) dint file for my wife's H4 extension and he told that was not needed.
My question is can my wife with the petition approved from my previous employer to get her H4 stamped in India?
Me and my wife filed H1B extension through a company. I moved to consulting after my extension is approved. The consulting company filed my H1B transfer which is approved recently. Unfortunately my employer (the consulting company I moved to) dint file for my wife's H4 extension and he told that was not needed.
My question is can my wife with the petition approved from my previous employer to get her H4 stamped in India?
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nat23
12-15 08:49 AM
In very simple terms : Progressive experience means your job responsibilities increase with time.
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Queen Josephine
May 6th, 2005, 11:50 PM
Queen, it's good to know you're still receiving treatment for your condition. ;)
Gary
:D Well, they can't stop treatment until there's some improvement!
Gary
:D Well, they can't stop treatment until there's some improvement!