BimmerFAn
07-20 02:12 PM
Hi Gkaplan,
Unfortunately, as far as I know the only way your husband can apply for your waiver independently is in the event of a divorce from or death of a J-1 Principal. Other than that, he can not apply for his own waiver independently of you. However, that said, you could always apply for a waiver. It does not have to be in the form of a No Objection Letter from your country. I heard the process for IGA waivers is substantially easier. Even though there are only a few IGA's that have official J-1 waiver channels, just about any IGA can apply for your behalf, so in reality you have a very big pool to chose from. You just have to find a few in you relevant field of study and convince them that your work here will benefit their mission.
You can apply for any change of status as soon as an H1-B a favorable recommendation is granted. You do not have to wait for the final USCIS waiver. You just have to make sure whatever center is processing you knows that you have this waiver waiting at the Vermond Service Center, VSC. The Department of State only sends these recommendations to the VSC. In fact, you can apply for an H1-B visa without the waiver if you select to have it processed ouside of the country at a consulate. Later, you can supplant the waiver in your application when you go interview with the consul.
I am not an attorney and don't claim to have any extensive knowledge of immigration law outside of my own personal experiences, so please do not take my suggestions to be 100% accurate. I would recommend you go speak with a good attorney.. By that I don't mean someone you looked up in the yellow pages or via an internet ad. You need to speak with someone from preferably a big immigration firm who will have J-1 Waiver experience and be able to handle your case properly. Big firms have research assistants who make less than minimum wage and just look up case law and different cases. Ultimately, big firms are far more useful and can offer real advice. That i definately know from my own personal experiences.
Best of luck!
Unfortunately, as far as I know the only way your husband can apply for your waiver independently is in the event of a divorce from or death of a J-1 Principal. Other than that, he can not apply for his own waiver independently of you. However, that said, you could always apply for a waiver. It does not have to be in the form of a No Objection Letter from your country. I heard the process for IGA waivers is substantially easier. Even though there are only a few IGA's that have official J-1 waiver channels, just about any IGA can apply for your behalf, so in reality you have a very big pool to chose from. You just have to find a few in you relevant field of study and convince them that your work here will benefit their mission.
You can apply for any change of status as soon as an H1-B a favorable recommendation is granted. You do not have to wait for the final USCIS waiver. You just have to make sure whatever center is processing you knows that you have this waiver waiting at the Vermond Service Center, VSC. The Department of State only sends these recommendations to the VSC. In fact, you can apply for an H1-B visa without the waiver if you select to have it processed ouside of the country at a consulate. Later, you can supplant the waiver in your application when you go interview with the consul.
I am not an attorney and don't claim to have any extensive knowledge of immigration law outside of my own personal experiences, so please do not take my suggestions to be 100% accurate. I would recommend you go speak with a good attorney.. By that I don't mean someone you looked up in the yellow pages or via an internet ad. You need to speak with someone from preferably a big immigration firm who will have J-1 Waiver experience and be able to handle your case properly. Big firms have research assistants who make less than minimum wage and just look up case law and different cases. Ultimately, big firms are far more useful and can offer real advice. That i definately know from my own personal experiences.
Best of luck!
wallpaper Such a sad pair of eyes there.
Munna Bhai
11-13 04:29 PM
I receive a confirmation for Address change after submitting online form and which I received some where around that time.
My EAD and Advance Payroll are approved but I did not receive Adv Payroll yet, waiting on it for 15 days.
it's advance parole not advance "payroll"
My EAD and Advance Payroll are approved but I did not receive Adv Payroll yet, waiting on it for 15 days.
it's advance parole not advance "payroll"
Honda
09-08 11:40 PM
Thanks. No LUDs. Just got it in the mail straight. Try contacting your senator or congressperson.
Congrats...
Congrats...
2011 Crying Eyes Drawing.
keerthi
04-03 11:01 AM
I work as a software engineer in India and the US branch of my company has filed a L1-B petition by September 2008. The petition got denied by Nov 18, 2008 stating that I don't possess "specialized knowledge". Knowing that I am the only person who possesses knowledge of one of the company's product, we filed an appeal to re-consider by Dec 18, 2008.
The USCIS moved the case to AAO by Feb 9, 2009. After which there is no status change. The status of the case as reported by the USCIS web site is:
Application Type: I290B, NOTICE OF APPEAL TO THE COMMISSIONER
Current Status: Appeal/Motion/Certification sent to Administrative Appeals Office for review.
Two months have passed by and I don't know how much more time it is going to take. Can someone please tell me how long this process is going to take?
Should we just withdraw this appeal and re-file again? In the meantime can I opt a B1 and work there a few months until the L1-B is approved?
The USCIS moved the case to AAO by Feb 9, 2009. After which there is no status change. The status of the case as reported by the USCIS web site is:
Application Type: I290B, NOTICE OF APPEAL TO THE COMMISSIONER
Current Status: Appeal/Motion/Certification sent to Administrative Appeals Office for review.
Two months have passed by and I don't know how much more time it is going to take. Can someone please tell me how long this process is going to take?
Should we just withdraw this appeal and re-file again? In the meantime can I opt a B1 and work there a few months until the L1-B is approved?
more...
FinalGC
12-02 01:21 PM
If your company is paying for GC, then go ahead and apply for GC and hope 140 will be approved, so that u can apply for H1.
Yes you have run out of time, since you have already crossed the 365 day limit before 6 year ends, before which u needed to apply for GC. Otherwise you could have applied for H1 renewal based on GC application. Now u have only 3 options.
1. Go back to India after 6year expires
2. Hope 140 gets approved before sept 30, 09 and apply for premium processing h1 if you want h1 to be done quickly
3. Convert to F1...you can send the papers for F1 to your college and you can have that available without affecting your H1, until u begin using F1 status
hope that helps
Yes you have run out of time, since you have already crossed the 365 day limit before 6 year ends, before which u needed to apply for GC. Otherwise you could have applied for H1 renewal based on GC application. Now u have only 3 options.
1. Go back to India after 6year expires
2. Hope 140 gets approved before sept 30, 09 and apply for premium processing h1 if you want h1 to be done quickly
3. Convert to F1...you can send the papers for F1 to your college and you can have that available without affecting your H1, until u begin using F1 status
hope that helps
justAnotherFile
07-11 10:16 PM
what makes sense?
it has been known for a month now that approx 60K visas would go to waste if USCIS does not spped up approvals.
it has been known for a month now that approx 60K visas would go to waste if USCIS does not spped up approvals.
more...
permfiling
10-27 08:06 PM
Myself and spouse received I797 , 485 approval notices with one on 10/15 and another on 10/18. I took infopass and had the I551 stamping. I guess now the wait starts for the physical cards. I heard that they are produced in batches so that would cause the delay
2010 stock vector : drawing of sad
krishmunn
01-18 10:54 AM
I dont think it is reasonable amount if it is 15k then why the employer will bother for a H1 in the first place in this volatile economy...I think it is around 4000k etc
4K (I am sure you meant 4 K not 4000 K :) ) is also high. Most Attorneys like Khanna, Murthy charge between 2 - 3 K.
4K (I am sure you meant 4 K not 4000 K :) ) is also high. Most Attorneys like Khanna, Murthy charge between 2 - 3 K.
more...
capriol
12-02 11:32 AM
hey dude I hv an appointment on 10 dec as well in Mumbai! Its 10 am. However I wont be able to share acco with you as I will be coming from somewhere else.
Anyway, just finished sorting up all the docs. Good luck to you too. :)
Dear Friend:
I will also be going to the Kolkata Consulate to get my H1B stamped in May 2008 (HIB expires Aug 2008). Since getting an appointment at the US Consulate requires a prior payment of visa fees at a Consulate designated bank, I would apprecitae if you would let me know how this process works: I.e: (1) How to pay the visa application fee and the visa issuance fee at that bank; and (2) how to book an appointment at the Consulate at Kolkata. Thanks again.
Anyway, just finished sorting up all the docs. Good luck to you too. :)
Dear Friend:
I will also be going to the Kolkata Consulate to get my H1B stamped in May 2008 (HIB expires Aug 2008). Since getting an appointment at the US Consulate requires a prior payment of visa fees at a Consulate designated bank, I would apprecitae if you would let me know how this process works: I.e: (1) How to pay the visa application fee and the visa issuance fee at that bank; and (2) how to book an appointment at the Consulate at Kolkata. Thanks again.
hair Sad Eyes of Jack Burton
WillIBLucky
12-08 08:13 AM
Whats going on, nobody is taking about the bill in senate today? Yesterday's thread is also not been seen. Whats going on guys?
more...
bhayzone
05-01 08:21 PM
First a totally unrelated topic. Doesn't the portal send email notifications when someone replies to your post etc? I am a new member to this portal and was trying to find my post, but got lost in all the immigration related sites out there because I wasn't able to remember where I had posted :P . I really apologize if you thought that I had disappeared after posting.
Back to the main topic. Now my H1 and wife's H4 is transferred and extended. We have the approval notices with the new I-94's. I am really confused about the visa stamping question.
1] Do I first get our new H1B/H4's stamped (the old visa is valid till 10/2008. new one is valid till 10/2011)
2] Then get I-20 for my wife
3] Then get her F1 stamped.
Now the main question is, can I directly go for her F1 stamping, without the need to go through the intermediate step of H4 stamp. I ask this because the I-20 will be issued on the new I-94, but the stamp on the passport is still the old one. So basically what I want to do is, go to our home country, get my H1B stamped and simultaneously get her F1 stamped too. I have a bad feeling that I will have to get the H4 stamped before I do the F1. Please advise.
Back to the main topic. Now my H1 and wife's H4 is transferred and extended. We have the approval notices with the new I-94's. I am really confused about the visa stamping question.
1] Do I first get our new H1B/H4's stamped (the old visa is valid till 10/2008. new one is valid till 10/2011)
2] Then get I-20 for my wife
3] Then get her F1 stamped.
Now the main question is, can I directly go for her F1 stamping, without the need to go through the intermediate step of H4 stamp. I ask this because the I-20 will be issued on the new I-94, but the stamp on the passport is still the old one. So basically what I want to do is, go to our home country, get my H1B stamped and simultaneously get her F1 stamped too. I have a bad feeling that I will have to get the H4 stamped before I do the F1. Please advise.
hot Sad eyes
hsingh82
06-15 11:26 PM
Indonesia
I think your best bet would be that your parents apply for visa alone. I believe this will improve their chances of getting visa and once they get the visa then your siblings can apply. Good luck!
I think your best bet would be that your parents apply for visa alone. I believe this will improve their chances of getting visa and once they get the visa then your siblings can apply. Good luck!
more...
house Clipart Illustration of a Sad
gc007
11-19 01:24 PM
I have recently returned using AP. I had 3 APs and the officer took one and returned 2 back to me. Both were stamped and the officer told me that for my next trip I can use the 2 APs with me. And also that I need not submit any AP on my next trip back.
tattoo Search: Heather
srikondoji
06-28 04:18 PM
What is your nationality?
I know for sure that you can't be Indian?:eek:
--sri
Yeh....1947. Sorry about that.....
I know for sure that you can't be Indian?:eek:
--sri
Yeh....1947. Sorry about that.....
more...
pictures The sad, sad eyes of a
ash27
06-06 10:36 PM
I'm in Chicago and will like to move to Atlanta area....Do you guys know how is the IT market (Architect, .NET) doing in this area? Looking at dice and computerjobs, i do see the same jobs getting repeated...Any thoughts will be greatly appreciated..
dresses of the sad passing of
JeffDG
01-26 03:28 PM
Waste of time. How many PhD's are there as compared to the others? There is already EB1/EB2-NIW for them
EB1A/EB1B/EB2NIW still consume visa numbers.
EB1A/EB1B/EB2NIW still consume visa numbers.
more...
makeup see a sad pair of eyes
pragir
07-18 12:51 PM
The flower campaign has done it job. Now, that ImmigrationVoice's voice has been heard, lets get requests channeled through the right way.
girlfriend The Eyes of Herod,
Libra
10-24 10:08 AM
yeah it took almost a year to send an RFE that too after repeated calls to CIS.
Libra,
Congrats!!! Did it take an year for the RFE itself???
Romesh and naresh,
Any updates?
thanks,
Sampath
Libra,
Congrats!!! Did it take an year for the RFE itself???
Romesh and naresh,
Any updates?
thanks,
Sampath
hairstyles sad eyes. kasi Nov 24, 2008
glus
10-09 01:12 PM
Sorry to scare you in my previous reply....I did not read your question properly....
Since you are from a Non-Retrogressed Country, you may be eligible to apply for AOS. As you mentioned, you may apply I-140, I-485, I-131, and I-765 all together without any hassle. Make sure your attorney files all your applications with the right fee, since the fee structure has changed recently.
Sorry about my previous post though...
Good Luck!!
Please be careful giving such advises. The person in question was out-of-status because he never worked for company A, so it is not certain if he is in valid status at this point. I would not generalize saying he could file without any hassles. He should speak to a qualified attorney before doing that.
Since you are from a Non-Retrogressed Country, you may be eligible to apply for AOS. As you mentioned, you may apply I-140, I-485, I-131, and I-765 all together without any hassle. Make sure your attorney files all your applications with the right fee, since the fee structure has changed recently.
Sorry about my previous post though...
Good Luck!!
Please be careful giving such advises. The person in question was out-of-status because he never worked for company A, so it is not certain if he is in valid status at this point. I would not generalize saying he could file without any hassles. He should speak to a qualified attorney before doing that.
gcformeornot
08-14 02:32 PM
Just now my lawyer called to tell that she got all my receipts , filed on july 2nd but my wifes application was rejected for "insufficient filing fees", I had put in a single check for $745 , how can this be, it was both in the same fedex packet, she says it is some "mailroom error", so she sent back the application with a letter and my receipt copy to accept. My app also had a $745 check and that was receipted,
Has this happned to anyone, please respond , i am wondering if what my lawyer did was correct, pls share your experiences.
to send separate checks so they can generate LIN/SRC numbers against each application.:(
Has this happned to anyone, please respond , i am wondering if what my lawyer did was correct, pls share your experiences.
to send separate checks so they can generate LIN/SRC numbers against each application.:(
gcisadawg
04-28 01:04 AM
No TSC is not. TSC goes by priority date and not processing date. TSC I have seen follows different processing style. For e.g. if your namecheck/security check or some kind of check is pending they dont send you FP notice. Also they process applications if your PD is current/close to recent bulletin.
We got RFE for my wife's I-485 from TSC.
We got RFE for my wife's I-485 from TSC.
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