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barkulkum

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About barkulkum

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  1. barkulkum

    Incorrect date on I 140, can i file for H4 EAD?

    I think you should be able to apply and how did you request for a change in I140 date? I am in the same boat and waiting for 5 months after creating the service request.
  2. barkulkum

    Update DS-160 to H4 from H1B

    We have completed the DS 160 for my H1B visa and my spouse H1B visa and paid the visa fees. Now my wife lost the project and could not be in status to satisfy H1B requirements, Can she update the DS-160 to represent her H4 status instead of H1B for the visa interview? Please advise.
  3. H1 & H4 Extension beyond 6 years using Previously approved I-140 Applied through Regular Processing - 08-Oct-2013 - Initial Review 04-Nov-2013 - Premium Process Upgraded 06-Nov-2103 - Case Status changed to "Acceptance" H4 08-Oct-2013 - Initial Review Stays the same status after upgrading to Premium as well. Still waiting for the approval
  4. Only for revoked petition with Fraud or error not employer withdrawn petitions i believe, consult your employer's attorneys in this regard. And as per the USCIS Memo (Q&A Section III) http://www.uscis.gov...intrm122705.pdf It looks like the approved I140 is enough to get 3 year extension, it does'nt really matter if it has been withdrawn or revoked apart from Fraud or Error.
  5. As per the USCIS Memo (Q&A Section III) http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2005/ac21intrm122705.pdf Regarding my Question 2 & 3. It looks like the approved I140 is enough to get 3 year extension, it does'nt really matter if it has been withdrawn or revoked. Attorneys, Please advise.
  6. I am in a critical immigration situation right now. I have a Previously approved I-140 in EB2 from Employer A and i have changed my employment after my I-140 approval from A and A immediately revoked my I-140 after resignation. My Qualifications are 2 Year Diploma in IT, 3 years Bachelors, 2 years Masters in IT and 8 years experience before joining Employer B. Employer B started Green card and PERM(qualification was Bachelors with 6 years experience) was approved and valid till Jan 2013, the attorneys from B applied for I-140 and i have received RFE on following terms 1. Employment verification Letters - Which i have for 8 years, and this is not a problem 2. Educational Qualifications - Since USCIS consider my 2 years masters with 3 year bachelors as US accredited Bachelors and i only have 4 years and 6 months of experience from my Masters before joining Employer B they are questioning in progressive experience grounds. Please advise me with following questions. 1. Since i have a Diploma in IT from reputed Institution, can that 2 year diploma and 3 year bachelors be combined to prove i have Bachelors equivalent to US Bachelors? and 2. Since i only have 12 months left in my H-1B 6 year Term will i be able to apply for new I-140 in EB3? (Damage Control mode and re-apply to upgrade to Eb2 after receiving 3 year extension) 3. My First I-140 case status online have a Soft LUD exactly two weeks from my resignation from Employer A, is there a way to check if my I-140 is still active from them? 4. I have 11 weeks out of country time will that be helpful in any way to recapture my H-1B 6 year term? Appreciate your help and guidance!
  7. I am in the same situation, Please help!
  8. I applied in Detroit consulate by Mail last week. I have sent both me and my wife's passport through mail with USPS Express Prepaid envelope, hoping to get my passport by July 20th 2012.
  9. My Wife H1B visa has been approved on Oct 18 2011 and she joined her employer for work from January 1st 2012 after undergoing training for two months and was working for them for about 1 month and since the daycare really does not work for our 4 month old daughter she had to resign her job from Feb 24th, 2012 so she was in her employer payroll from Jan 1st to 2012 to Feb 1st 2012 and she got paid on Feb 16th 2012. From February 1st to February 24th 2012 she was on vacation. We immediately applied for her H1B to H4 change of status through an immigration attorney and we have got the receipt # dated Feb 27th 2012. My Questions are a. Now while we are waiting for her approval of I539 COS application our question is can she travel to home country and what will happen to her I539 application. b. Her visa stamping on her passport has been expired and we wanted to attend visa interview in our Home Country for my H1B and her H4 as a dependent. Will there be any problem doing this? c. Is she out of status from Oct 18 2011 to Dec 31 2011 and will it create problem in our future green card process. I sincerely appreciate the help. Please advise
  10. My Wife H1B visa has been approved on Oct 18 2011 and she joined her employer for work from January 1st 2012 after undergoing training for two months and was working for them for about 1 month and since the daycare really does not work for our 4 month old daughter she had to resign her job from Feb 24th, 2012 so she was in her employer payroll from Jan 1st to 2012 to Feb 1st 2012 and she got paid on Feb 16th 2012. From February 1st to February 24th 2012 she was on vacation. We immediately applied for her H1B to H4 change of status through an immigration attorney and we have got the receipt # dated Feb 27th 2012. My Questions are a. Now while we are waiting for her approval of I539 COS application our question is can she travel to home country and what will happen to her I539 application. b. Her visa stamping on her passport has been expired and we wanted to attend visa interview in our Home Country for my H1B and her H4 as a dependent. Will there be any problem doing this? c. I assume that since we have applied for her H1B to H4 change of status, what status she is in currently? H4 from the date we received her receipt on Feb 27th 2012? She has resigned from her job from Feb 24th 2012. I sincerely appreciate the help.
  11. barkulkum

    H4 to H1B Out of Status - Work Start Date

    Thanks pontevecchio and JoeF for your response. My wording were wrong in my initial post, I wanted to know if there is a allowed period we can wait to join the employer even after the H1-B visa approval with the start date of Oct 18th 2011.
  12. barkulkum

    H4 to H1B Out of Status - Work Start Date

    It is mainly health related reasons.
  13. My Wife had entered United States in Sep 2010 in H4 Status with my H1B and we later applied for her H1-B through an employer and it got approved with the start date of October 18 2011 and for various reason she could not start working until First week of January 2012. My Concern now based on reading the posts from the forum 1. Is the Time period from October 18th, 2011 to Jan 3rd 2012 is considered Out of status? 2. My Green Card's priority date is just 7 months from the recent aggressive forward movement of priority dates, will this be a problem for my wife when we apply for her I485? 3. Is it safe to change her status back to H4 until we file our I485? I really appreciate your response.
  14. barkulkum

    Return to u.s. after H4 rejection

    Once they reject they seal "Canceled under Prejudice" in any old valid visa stamps. The last time i went for the visa renewal they did the same thing for the old stamping.
  15. barkulkum

    H1 administrative processing.... now applying H4

    My wife is currently in her H4 visa and her H1-B is approved with Consular processing without I-94 card attached in the I-797C document. She also has to go for H1-B stamping and we are in the same exact situation and answer to this question will help us greatly.
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