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Posted
on 17 Jan 2010 |
| Q. |
H1-H4
I need your advice in filing H4 ASAP. My wife is on H1b .She recently got H1b extended from Feb 2010 to Dec 2012.Her current approval which is valid till Feb/13/2010 was approved from CA and extended h1b valid from Feb 14 2010 to Dec 2012 from Vermont. So which service centre I need to file my app(Vermont or CA).I lives in CT. Do I also need to attach and write both copies of H1b approval and receipt number respectively? I am requesting USCIS to change my status till Dec 2012.
1) Actually I was laid off on last Friday(Jan15) & my wife H1b extended on Jan 08.We are still waiting for official approval letter in mail which could be any time now.you think I will wait for official h1b approval letter to come or file H4 with H1b receiptI don’t want to be out of status please advise
User's Location:
Manchester, Connecticut, United States of America
Category:
H1B, H4, L1, L2 Visa
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| Posted by
Andrew M. Wilson
on 18 Jan 2010 |
| A. |
If you live in CT, I believe your COS from H-1B to H-4 would be filed in Vermont Service Center. You will need to provide copies of both H-1B approval notices for your spouse, in addition to evidence that you had been maintaining your H-1B status (your H-1B approval, recent pay stubs etc.)
I would file your I-539 COS from H-1B to H-4 now so that you are not out of status for too long and so that you have recent pay stubs to show. You can include wife's current approval notice and a CIS online screen shot of new approval if it does not arrive in time.
Regards,
Andrew M. Wilson, Esq.
awilson@srwlawyers.com |
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Andrew M. Wilson
Immigration Lawyer
Serotte Reich Wilson, LLP
(716) 854-7525
www.srwlawyers.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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| Posted by
amitseth79
on 08 Feb 2010 |
| Q. |
Andrew, on your advise i have e-filed I-539 on Jan 19 and application is still pending.Today strange thing happen.I got the email from USCIS for my current H1b
Application Type: I129 , PETITION FOR A NONIMMIGRANT WORKER
Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending.
We reopened this I129 PETITION FOR A NONIMMIGRANT WORKER on February 5, 2010, and are now reviewing our earlier decision. We also mailed you a notice describing the next steps in the process. Please follow any instructions on this notice. Our review should be completed within 30 days. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.
Whatz that mean? Is my curent I-539 pending application effected? I am also filing new H1b transfer this week.What should i do? |
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| Posted by
Andrew M. Wilson
on 09 Feb 2010 |
| A. |
It is hard to determine exactly what is going on, but it looks like CIS is looking at previously approved H-1B. This could be based on a letter/notice from your prior employer to CIS that you are no longer working under H-1B status and they requested withdrawal. If that is the case it should not affect your pending 539 as long as that was timely filed before notification that you wree no longer working under H-1B status.
If this is a simple withdrawal of previous H-1B, it should not affect any future H-1B filings. If it is a review to see if anything was misrepresented in an earlier H-1B filing, then it could affect future H-1B filings.
My best guess is that your prior employer notified CIS that you are no longer there working under H-1B approval and they requested withdrawal of your H-1B approval. As long as your 539 was timely filed, this should not affect your COS request. It should not affect a new H-1B filing, although yur COS to H-4 may need to be approved before your new H-1B. Also, under last action rule, be careful your COS to H-4 is not approved after potentially a new H-1B request.
Regards,
Andrew M. Wilson, Esq.
awilson@srwlawyers.com |
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Andrew M. Wilson
Immigration Lawyer
Serotte Reich Wilson, LLP
(716) 854-7525
www.srwlawyers.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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