H1 to H4 - Time short - PLEASE help

[prasada2007]

Situation: I just lost my job on aug-02-2007. My 7th year H1 exipred on Jul-31. My 8th year H1 was in process. I am trying to get H4 under my wife's H1 who is in her 1st year.


1) Is it true that I need to have my I-539 filed, and H4 approved within 10 days from the date of my termination?

2) Under the form I-539,
Question 3-f: "Are you or any other person included in this application, now in removal proceeedings?" So, Am I under removal proceedings, if my H1 is being cancelled by my previous employer. Yes/No ?

3) Ques 3-a: (I-539) If my labor was not approved yet, should I say No to "has the applicant applied for immigrant visa"? 3-b "has the applicant applied for immigrant petition". is the answer to this also No?

Please answer soon. I am trying to send the application on Monday Aug-04

Thanks !

[Subramanya]

H1-h4

Situation: I just lost my job on aug-02-2007. My 7th year H1 exipred on Jul-31. My 8th year H1 was in process. I am trying to get H4 under my wife's H1 who is in her 1st year.


1) Is it true that I need to have my I-539 filed, and H4 approved within 10 days from the date of my termination?

---- Yes, you need to file I-539 within these 10 days. Of course you cannot get it approved within 10 days. That does not matter. The approval will take its own time

2) Under the form I-539,
Question 3-f: "Are you or any other person included in this application, now in removal proceeedings?" So, Am I under removal proceedings, if my H1 is being cancelled by my previous employer. Yes/No ?

---- Removal proceedings are paperwork handed over to you and if you do not have any paper work with you indicating removal proceedings then you are fine

3) Ques 3-a: (I-539) If my labor was not approved yet, should I say No to "has the applicant applied for immigrant visa"? 3-b "has the applicant applied for immigrant petition". is the answer to this also No?

---- An immigrant Visa is applied only when you file for your I-485 after the approval of I-140 or simultaneously as per the recent situation and directives issued by USCIS. The answer is NO

Subramanya

[prasada2007]

Immigrant petition & pending 8th year

Thanks a lot, for info so far.
2 more questions:
Form-I-539 3-b: Has the applicant applied for Immigrant "Petition"?
How is Immi Petition different from Immi Visa?
If my Labour was still penging, is the answer Yes or No ?

I lost my job 2 days into my 8th year H1, for which I have the petition, but am still waiting for I-797.

Is it possible to transfer my H1 ?
I got my extension because my Labor was pending.
Or Can I use a Pre-Approved labor?

Please help me figure out my options !!!!!

[Subramanya]

H1 issues

2 more questions:
Form-I-539 3-b: Has the applicant applied for Immigrant "Petition"?
How is Immi Petition different from Immi Visa?
If my Labour was still penging, is the answer Yes or No ?

---- Immigration petition is all the application you submit for processing

---- Immigrant Visa is the Green card itself or there are other categories of immigrant Visas

I lost my job 2 days into my 8th year H1, for which I have the petition, but am still waiting for I-797.

Is it possible to transfer my H1 ?
I got my extension because my Labor was pending.
Or Can I use a Pre-Approved labor?

---- Please rephrase this question. Do you mean to say you applied for extension and in the meanwhile lost your job and thus you want to transfer H1. Clarify the matter

---- Using Pre-approved labor has been stopped from July 2007

Subramanya