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h1b2va

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Everything posted by h1b2va

  1. h1b2va

    H4 EAD pending for more than 5 months

    Here is what happenned in my case : my H1 to H4 COS ( I 539 ) receipt was dated Oct 24th 2018 .. My EAD application ( i 765) was dated Jan 15th 2019 since COS never came in I lost patience went to India and got H4 stamped on apr 10th 2019 and came back in immediately and re applied fr EAD with h4 I 94 ( paid another 410 fr applying using money order ) My COS was denied on Apr 12th 2019 since I left the country while COS was pending , however just yesterday( Apr 18th 2019) the accompanying EAD appln from Jan 15th was approved , the status says your Card is being ordered and will be mailed !!! My question is (i) what happens now of this new application for EAD ( receipt not received yet ) ,is there a option fr refund at all (ii) Is it possible that this approval decision on old EAD application is a false positive , since it was tied to the COS application which got denied ?
  2. h1b2va

    6 Yr H1B expired - Stamping H4 in Canada

    I have stamped H4 as well as I ran out of patience on the change of status petition, taking ages. the moment i returned back on H4 my I 1539 change of status was denied , saying I left country when change of status was pending I hv re applied for EAD . One EAD application is pending since Jan 15th 2019 and other one , yet to receive the receipt. I just want the old EAD to be approved somehow.. not sure how all this works
  3. Hi , My 6 Year H1b expired and although my my employer filed for I 140 on premium , it was returned as it had to be accompanied by Original Certified Perm document. My employer has misplaced it and now I 140 has been re-applied on regular processing which'll take around 8-12 months . I don't have an H1b extension , and hence looking to go for the H4 EAD although it's extremely dicey now , in terms of what's gonna be the fate of H4 EAD folks. Still going for it ... Applied H4 from the US in oct 2018 and since processing is Vermont not sure how long it'll take. Contemplating going to Canada for stamping H4. , so EAD can come quickly Anybody has any prior experience on this kind of scenario , please share your thoughts.Much appreciated
  4. h1b2va

    6 Yr H1B expired - Stamping H4 in Canada

    yes planning to go exactly that route .. hv a interview scheduled fr H4 at a US consulate in India on apr 8 th..
  5. h1b2va

    6 Yr H1B expired - Stamping H4 in Canada

    I checked with an attorney and I am pasting his comments here for the benefit of those who may go through the forum posts , facing similar situation : "It's difficult to say for sure as USCIS practice in this area can be inconsistent, however there is a possibility that if the H-4 is denied because he departs the country( while a I 539 is in progress ), then the I-765(attached to it) could be denied as well, as it is dependent on his H-4 status. Thus, if he exits the United States and then re-enters using a visa obtained at a consulate, he should be prepared for the possibility of having to submit a new I-765. " If USCIS does not have standard practice in such cases , then I am really lost as to what would be the best course of action 😞
  6. h1b2va

    Successful Visa Stamping Ottawa, Canada

    do you know if stamping in Vancouver, Montreal , Quebec holds any risk at all . I see that most people prefer to go to Ottawa/Toronto
  7. h1b2va

    6 Yr H1B expired - Stamping H4 in Canada

    thanks Shekar11# and Prabu.bloomi# .. i have applied for Canadian visitor visa in an attempt to get H4 stamped .. I had applied for EAD ( I 765) in January , almost 2.5 months after my COS from H1 to H4 was applied. Now I learnt that the moment I leave the country , my existing COS will be abandoned. Do I have to re apply for EAD , after I come back in after H4 stamping ?
  8. Thanks. also USCIS website says H4 cases sent to vermont service centers take 12 to 15.5 months for decisioning. This seems so unreasonable of a wait time. Does this seem right ?
  9. Hi I received a receipt from USCIS for H1B to H4 Transfer of Status on Oct 19th 2018 . And no decision yet.( today is Mar 1st 2019 ) I receipt a receipt from USCIS for EAD on Jan 15th 2019 and no decision yet. Does anybody know what are the average timelines these days for decisions on H4 change of status from H1 , and if EAD is also applied in the midst of the H4 Processing , how much more longer do we wait for EAD? Any information provided is much appreciated
  10. do you know if overlapping the application processing times of H4 and H4 EAD would expedite the result at all
  11. h1b2va

    I 140 Issue

    the PERM was certified on 09/13/2018 , so yes closing on the 6 months
  12. h1b2va

    I 140 Issue

    Hi, My employer filed for my GC late . The perm was approved with one month left for 6 year H1b term expiry. And then instead of applying for my I 140 right away , he tried to extend my H1b using re-capture time. ( a I 129 was filed for H1b extension for 2 months ) . My repeated requests to file I 140 were ignored. 2 months after my h1b 6 year term expiry , he filed for I 140 on premium , however USCIS/DOL returned it back saying that Premium I 140 applications should be accompanied only with original certified PERM(Labor approval) sent by mail. My employer has misplaced my original certified PERM. Now he is reapplying my I 140 again on regular( not premium ) , asking for a copy of the original Certified PERM document. He says that once the original certified PERM is sent , he will convert my I 140 application from regular to Premium. Does DOL support such changes of processing types from regular to premium for I 140 . ? Also does anybody has prior experience of how long it could take for DHS to send the Original Certified PERM( approved Labor ) copy ? Thanks for the help in advance
  13. h1b2va

    I 140 Issue

    Hi My employer filed for my GC late . The perm was approved with one month left for 6 year H1b term expiry. And then instead of applying for my I 140 right away , he tried to extend my H1b using re-capture time. ( a I 129 was filed for H1b extension for 2 months ) . My repeated requests to file I 140 were ignored. 2 months after my h1b 6 year term expiry , he filed for I 140 on premium , however USCIS/DOL returned it back saying that Premium I 140 applications should be accompanied only with original certified PERM(Labor approval) sent by mail. My employer has misplaced my original certified PERM. Now he is reapplying my I 140 again on regular( not premium ) , asking for a copy of the original Certified PERM document. He says that once the original certified PERM is sent , he will convert my I 140 application from regular to Premium. Does DOL support such changes of processing types from regular to premium for I 140 . ? Also does anybody has prior experience of how long it could take for DHS to send the Original Certified PERM( approved Labor ) copy ? Thanks
  14. Hi Friends, I am in a dire need for suggestion. I have been on h1B for past 5.5 years . When me and my wife travelled down to India and went for stamping together , mine got into 221(g) blue slip ( passport returned with no documents asked for as such) , while my wife who is also on h1b for another employer got approved. My son who was on her dependent Visa also got approved. I also have another daughter who was born in the US. My wife travelled back with my 2 kids and is having a tough time taking care of the kids single handedly juggling with a full time job. Waiting on 221g is uncertain ( i work on a Employer - Vendor - Client model ) . With the kids' school starting off in a few weeks , me travelling back to the US to support my family is important. Would applying for H4 , while waiting for H1b Pending Administrative Processing 221(g) blue slip , a recommended option Does anyone have prior experience in this kind of scenario. Any help provided is much appreciated
  15. h1b2va

    H1B pending on 221g - Conversion to H4

    I know of a guy who was 11 years on L1 ( with a year discontinuity in between) , who finally went for H4 , as his company never filed for the GC. In the interview this question , of "Do you intend to work" did not come forward at all. His H4 was approved. However I am thinking of a scenario where this question does come forward. I know , the COs are aware of the H4 EAD , but won't the correct response be " I do not intend to work immediately" , as EADs take a while processing
  16. h1b2va

    H1B pending on 221g - Conversion to H4

    thanks for the response , Shekar . I have a H4 Visa interview scheduled in Chennai on Aug 7th. Would it be advisable to respond as " I do not intend to Work " , if the VO poses a question like "Would you work after you travel back on H4? "
  17. h1b2va

    H1B pending on 221g - Conversion to H4

    Ok thanks for the response. Do you think having a 10 year old and a 6 year old may sway it a bit in my favor for H4 ?
  18. h1b2va

    H1B pending on 221g - Conversion to H4

    Thank you for the response , Shekar. Does my chances of approval on H4 decrease , just because I am waiting on H1 221g on which decision is pending , and that I am in my 6th year of H1B with 3 months to expiration of 6 year term. The most likely reason the visa officer put in a administrative processing hold ( 221 g ) for me as he wanted to verify client letter The client letter I provided was provided by a immigration agency who is authorized to provide immigration related letters for this client( this is a new change for this client since a year or so ) The VO was not convinced why the client would not give letter on their own letterhead. He checked my I-797, LCA , I-129 , paystubs and W2s , but they were all returned back along with the passport when he handed me the 221(g) blue slip for administrative processing hold.( no documents asked for ) The only thing they kept back is the Client letter I provided
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