Immigration Voice - Forums
Register Get Involved Contact Lawmakers Advocacy Discussion Image Image Image Image

Go Back   Immigration Voice > Non Immigrant Visas : H1, L1, H4, L2, F1 etc > Out of status, employment gap and status revalidation
Click to log in with Facebook
Out of status, employment gap and status revalidation Gap in employment(paystubs) and the resulting problems during status transfer and green card filing.

Reply
 
LinkBack Thread Tools Display Modes
  #1 (permalink)  
Old 12-17-2008, 04:33 PM
Senior Member
Priority Date
:
Nov-10
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: May 2007
Posts: 104
racoon786 has a reputation beyond repute racoon786 has a reputation beyond repute racoon786 has a reputation beyond repute racoon786 has a reputation beyond repute racoon786 has a reputation beyond repute racoon786 has a reputation beyond repute racoon786 has a reputation beyond repute racoon786 has a reputation beyond repute racoon786 has a reputation beyond repute racoon786 has a reputation beyond repute racoon786 has a reputation beyond repute
Default Urgent help needed - H4 to H1B

I am planning to apply H1-B for my wife on H4. She is traveling to India on Jan 11 and returning May 1st. My question is, can I apply H1-B for her in March while she is out of the country?
Bookmark and Share Compare Reply With Quote


  #2 (permalink)  
Old 12-17-2008, 04:55 PM
Senior Member
Priority Date
:
Sep-04
Category
:
EB3
I140 Mailed Date
:
06/20/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/07/2007
Compare
Join Date: Aug 2006
Posts: 419
ashkam has much to be proud of ashkam has much to be proud of ashkam has much to be proud of ashkam has much to be proud of ashkam has much to be proud of ashkam has much to be proud of ashkam has much to be proud of ashkam has much to be proud of ashkam has much to be proud of ashkam has much to be proud of
Default

Quote:
Originally Posted by racoon786 View Post
I am planning to apply H1-B for my wife on H4. She is traveling to India on Jan 11 and returning May 1st. My question is, can I apply H1-B for her in March while she is out of the country?
H1B is an employer's petition. Are you the employer? An employer can apply for an H1B regardless of where the prospective employee is.
__________________
PD Sep 2004 EB3 RIR
LC approved Jan 2007
I-140 approved June 2007
I-485 delivered to NSC 8 August 2007
Receipted at TSC 2 October 2007
Bookmark and Share Compare Reply With Quote


  #3 (permalink)  
Old 12-17-2008, 04:58 PM
Senior Member
Priority Date
:
Sep-02
Category
:
EB3
I140 Mailed Date
:
02/14/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/06/2007
Compare
Join Date: Mar 2007
Posts: 733
ItIsNotFunny has much to be proud of ItIsNotFunny has much to be proud of ItIsNotFunny has much to be proud of ItIsNotFunny has much to be proud of ItIsNotFunny has much to be proud of ItIsNotFunny has much to be proud of ItIsNotFunny has much to be proud of ItIsNotFunny has much to be proud of
Default

Quote:
Originally Posted by racoon786 View Post
I am planning to apply H1-B for my wife on H4. She is traveling to India on Jan 11 and returning May 1st. My question is, can I apply H1-B for her in March while she is out of the country?
Yes - no issues.
__________________
I am not a lawyer. Above information is only reflecting my knowledge visiting forums and talking to people and their experience.

RD: 6/7/07, ND: 6/19/07, FP: 7/21/07
485 LUDs: 7/23, 7/24 & 7/28
EAD Approved: 9/12
AP Approved : 9/24
Bookmark and Share Compare Reply With Quote


  #4 (permalink)  
Old 12-17-2008, 05:02 PM
Senior Member
Priority Date
:
Nov-10
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: May 2007
Posts: 104
racoon786 has a reputation beyond repute racoon786 has a reputation beyond repute racoon786 has a reputation beyond repute racoon786 has a reputation beyond repute racoon786 has a reputation beyond repute racoon786 has a reputation beyond repute racoon786 has a reputation beyond repute racoon786 has a reputation beyond repute racoon786 has a reputation beyond repute racoon786 has a reputation beyond repute racoon786 has a reputation beyond repute
Default

My employer is going to file for her H1-B. I know that once you apply for change of status, if you leave while case is pending, it is considered abandonment. But, I just want to confirm that this rule doesn't apply to my wife, who would be outside the country when I file for her H1B.
Bookmark and Share Compare Reply With Quote


  #5 (permalink)  
Old 12-17-2008, 05:17 PM
Senior Member
Priority Date
:
Nov-10
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: May 2007
Posts: 104
racoon786 has a reputation beyond repute racoon786 has a reputation beyond repute racoon786 has a reputation beyond repute racoon786 has a reputation beyond repute racoon786 has a reputation beyond repute racoon786 has a reputation beyond repute racoon786 has a reputation beyond repute racoon786 has a reputation beyond repute racoon786 has a reputation beyond repute racoon786 has a reputation beyond repute racoon786 has a reputation beyond repute
Default response I got from a lawyer

There are several issues, a person who files a petition for change of status, and then leaves the United States is deemed to have abandoned the petition. In other words, a person who is changing their status from H4 to H-1B must remain in the United States during the pendency of the adjudication of the petition.

In addition, if a foreign national has not been previously counted against the H-1B cap, then they would be subject to the H-1B cap, and these H-1B petitions may only be filed on April 1, 2009, for an effective date of October 1, 2009.

Lastly, there is the issue of the last action rule.
Bookmark and Share Compare Reply With Quote


  #6 (permalink)  
Old 12-19-2008, 04:12 PM
Junior Member
Priority Date
:
N/A
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Oct 2008
Posts: 8
shanky555 is on a distinguished road
Default

The Answer is -
1. Yes an employer can file her H1B while she s in India. It would NOT be a case of COS. It would be a new H1B.
2. It would be subject to Lottery.
3. She comes back in May on H4, If selected in lottery, in October before starting to work, she would have to go back , get H1b stamped ,and get the i-94 for H1B.
Bookmark and Share Compare Reply With Quote


Reply

Bookmarks


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are On

Similar Threads
Thread Thread Starter Forum Replies Last Post
Urgent help needed Pls ng123456 Non-Immigrant Visa 0 10-28-2010 07:38 PM
Urgent help needed h1bemployee Non-Immigrant Visa 17 02-26-2009 08:04 PM
URGENT/URGENT Help Needed pady AC21 Portability after 180 days of 485 filing 1 01-04-2009 01:42 AM
Urgent help needed , please ganesh_sholapur FREE Lawyer conference calls 4 11-17-2008 06:08 PM
Urgent help needed regarding to ad chinu PERM Processing 2 11-13-2008 10:28 PM



All times are GMT -4. The time now is 02:04 AM.


Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2020, Jelsoft Enterprises Ltd.
(c)ImmigrationVoice.org