i*****u
发帖数: 776 | 1 Sorry I cannot type Chinese on my university computer. I have a rather
complicated scenario and hope you guys can give me some suggestions. I did
try to go through some previous posts here.
I am a post-doc and my wife is a technician in the same university. We are
both on H-1B right now. My current H-1B expires on 07/31/2011 and her
current H-1B expires on 06/10/2011. Our university is doing H-1B extensions
for both of us now. My case is very fast and is already mailed to USCIS. But
for some reason, my wife's H-1B extension is moving very slow (it is still
at prevailing wage determination stage as of now 04/26/2011), and the person
who is handling her extension did not provide any detailed information (why
the prevailing wage stage is taking so long for her case). We did have a
similar situation when her current H-1B was filed 3 years ago, where the
problem was the prevailing wage returned was too high compared to her
offered salary due to the confusion of her job title. We suspect it might be
the same issue now. So we are seeking a back-up plan (bottom line is that I
want my wife to stay with me in US).
If the worst scenario happens (my wife’s H-1B extension petition cannot be
sent out to USCIS by 06/01/2011, which I think is pretty much the latest
date that she can possibly get her H-1B extension receipt notice before/on
06/10/2011), is it too late to file an I-539 around 06/01/2011 to change her
status to H-4? I believe she is allowed to stay as long as she gets receipt
notice from USCIS about her change of status (H-1B to H-4). Is this correct?
Also, I believe I-539 can be e-filed, so this might save us couple of days.
i.e. Is she allowed to stay as long as she gets receipt number on the change
of status (H-1B to H-4) immediately after e-filing I-539? (or she has to
wait for the paper receipt notice from USCIS?)
There is another complication here. My current H-1B will end on 07/31/2011.
So if I finally need to file an I-539 for my wife around 06/01/2011, her H-4
will only be valid until 07/31/2011. So I need to file another I-539 for
her a little before 07/31/2011 to extend her H-4 to 07/31/2014. Is this
correct? After reading some posts here and other places, I feel there might
be a problem in this scenario: if the first I-539 is processed after 07/31/
2011 (which could easily be the case), the first I-539 can be denied because
my current H-1B already expires after 07/31/2011. What is the best way to
handle this situation?
Also, we can file I-539 on our own (with going through our university),
correct?
Sorry for this long email, and hope to get your suggestions.
3X a lot! | S**I
发帖数: 15689 | 2
extensions
But
still
person
why
be
I
be
her
receipt
no, any time before 06/10/11 is fine
correct?
yes
.
change
yes
.
-4
might
because
file I-539 based on your H-1B renewal
【在 i*****u 的大作中提到】
: Sorry I cannot type Chinese on my university computer. I have a rather
: complicated scenario and hope you guys can give me some suggestions. I did
: try to go through some previous posts here.
: I am a post-doc and my wife is a technician in the same university. We are
: both on H-1B right now. My current H-1B expires on 07/31/2011 and her
: current H-1B expires on 06/10/2011. Our university is doing H-1B extensions
: for both of us now. My case is very fast and is already mailed to USCIS. But
: for some reason, my wife's H-1B extension is moving very slow (it is still
: at prevailing wage determination stage as of now 04/26/2011), and the person
: who is handling her extension did not provide any detailed information (why
| i*****u
发帖数: 776 | 3 Thank you so much for your reply, SETI. Just 2 more questions here based on
your answers.
“is it too late to file an I-539 around 06/01/2011 to change
her status to H-4?
no, any time before 06/10/11 is fine”
Do you mean she can stay even though she might not have the H-1B to H4
receipt notice in hand? But I guess this can be resolved by doing e-filing,
which can give the receipt number instantly.
"There is another complication here. My current H-1B will end on 07/31/2011.
So if I finally need to file an I-539 for my wife around 06/01/2011, her H-
4 will only be valid until 07/31/2011. So I need to file another I-539 for
her a little before 07/31/2011 to extend her H-4 to 07/31/2014. Is this
correct? After reading some posts here and other places, I feel there might
be a problem in this scenario: if the first I-539 is processed after 07/31/
2011 (which could easily be the case), the first I-539 can be denied because
my current H-1B already expires after 07/31/2011. What is the best way to
handle this situation?
file I-539 based on your H-1B renewal”
You mean even though her H-1B ends on 06/10/2011, she only needs to file ONE
I-539 based on my pending H-1B renewal (which starts on 08/01/2011)? So
what is her status between 06/11/2011 and 07/31/2011? (anything to worry
about for this gap?)
3X a lot again! | S**I
发帖数: 15689 | 4
on
,
yes, as long as COS petition is filed before the expiration date
2011.
H-
might
because
ONE
This is a complicated issue; if you could get your H-1B renewal submitted
before 06/10/11, submitting a copy of old H-1B approval notice and a copy of
H-1B renewal receipt together with the I-539 should be enough. However,
better consult a immigration attorney regarding this.
【在 i*****u 的大作中提到】
: Thank you so much for your reply, SETI. Just 2 more questions here based on
: your answers.
: “is it too late to file an I-539 around 06/01/2011 to change
: her status to H-4?
: no, any time before 06/10/11 is fine”
: Do you mean she can stay even though she might not have the H-1B to H4
: receipt notice in hand? But I guess this can be resolved by doing e-filing,
: which can give the receipt number instantly.
: "There is another complication here. My current H-1B will end on 07/31/2011.
: So if I finally need to file an I-539 for my wife around 06/01/2011, her H-
| i*****u
发帖数: 776 | 5 “You mean even though her H-1B ends on 06/10/2011, she only needs to file
ONE I-539 based on my pending H-1B renewal (which starts on 08/01/2011)? So
what is her status between 06/11/2011 and 07/31/2011? (anything to worry
about for this gap?)
This is a complicated issue; if you could get your H-1B renewal submitted
before 06/10/11, submitting a copy of old H-1B approval notice and a copy of
H-1B renewal receipt together with the I-539 should be enough. However,
better consult a immigration attorney regarding this.”
Yes, my H-1B renewal has already been filed recently. As a matter of fact, I
received my H-1B renewal receipt notice (scan) from my university today.
I really hope my wife’s H-1B renewal will be filed in time, so we don’t
have to go through all these troubles.
3X a lot again! |
|
