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"Applied for immigration to the USA"

"Applied for immigration to the USA"

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Old Jun 18th 2002, 4:20 am
  #1  
M. Jan
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Default "Applied for immigration to the USA"

My wife is in H1 status and I am H4. My wife is a physician. Our lawyer is going to
apply for labor certification for my wife and then apply for a green card. We are
planning on visting India in December 2002 for a couple of weeks. Since our visas are
expired so we will have to get new visas once out of the USA.

On the visa application form there is a question: Have you or anyone acting on your
behalf ever filed an immigration petition for you?

My question is: At what point in time do we answer YES to this question??

Thanks

jd
 
Old Jun 18th 2002, 2:20 pm
  #2  
Konstantin Logu
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Posts: n/a
Default Re: "Applied for immigration to the USA"

Have your wife applied for her H1-B extension? I'm really not sure she can just renew
her work visa just by going to the embassy. In addition, as far as I remember, until
your wife is able to get work authorization card from the INS (which she can do after
the labor certification is completed), she can't leave the US or her green card
process will be considered abandoned.

Consult with your lawyer before you schedule your trip.

"M. Jan" <[email protected]> wrote in message
news:[email protected]...
    > My wife is in H1 status and I am H4. My wife is a physician. Our lawyer is going to
    > apply for labor certification for my wife and then apply for a green card. We are
    > planning on visting India in December 2002 for a couple of weeks. Since our visas
    > are expired so we will have to get new visas once out of the USA.
    >
    > On the visa application form there is a question: Have you or anyone acting on your
    > behalf ever filed an immigration petition for you?
    >
    > My question is: At what point in time do we answer YES to this question??
    >
    > Thanks
    >
    > jd
 
Old Jun 18th 2002, 2:20 pm
  #3  
Lthc
Guest
 
Posts: n/a
Default Re: "Applied for immigration to the USA"

Stay in India, do not come back to the states. We do not need any more of you H1
visa bastards.

[email protected] (M. Jan) wrote in message
news:<[email protected]. com>...
    > My wife is in H1 status and I am H4. My wife is a physician. Our lawyer is going to
    > apply for labor certification for my wife and then apply for a green card. We are
    > planning on visting India in December 2002 for a couple of weeks. Since our visas
    > are expired so we will have to get new visas once out of the USA.
    >
    > On the visa application form there is a question: Have you or anyone acting on your
    > behalf ever filed an immigration petition for you?
    >
    > My question is: At what point in time do we answer YES to this question??
    >
    > Thanks
    >
    > jd
 
Old Jun 18th 2002, 6:20 pm
  #4  
Sylvia Ottemoel
Guest
 
Posts: n/a
Default Re: "Applied for immigration to the USA"

M. Jan wrote:

    > My wife is in H1 status and I am H4. My wife is a physician. Our lawyer is going to
    > apply for labor certification for my wife and then apply for a green card. We are
    > planning on visting India in December 2002 for a couple of weeks. Since our visas
    > are expired so we will have to get new visas once out of the USA.
    >
    > On the visa application form there is a question: Have you or anyone acting on your
    > behalf ever filed an immigration petition for you?
    >
    > My question is: At what point in time do we answer YES to this question??

Employment-based immigration as your wife will do it is a 3-step process: labor
certification, immigrant petition, then a choice of either adjustment of status or
consular immigrant visa processing.

*You* will never answer YES to the question, because no employer will file a petition
on your behalf.

Your wife will answer YES to the question if she applies for an H-1B visa after the
immigrant petition has been filed on her behalf. That is Form I-140. She should ask
the attorney whether this has been filed just before she applies for the visa.
 
Old Jun 18th 2002, 11:34 pm
  #5  
Forum Regular
 
Joined: Jan 2002
Posts: 44
CuriousGuest is an unknown quantity at this point
Default Re: "Applied for immigration to the USA"

Lthc ,

Shut your mouth! and look for the minimum wage work you're entitled for...
CuriousGuest is offline  
Old Jun 19th 2002, 8:20 pm
  #6  
Lthc
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Posts: n/a
Default Re: "Applied for immigration to the USA"

CuriousGuest <[email protected]> wrote in message
news:<[email protected]>...

With a reply like that, please go back to your own third world country H1B worker. No
more H1B workers are welcome here
    > Lthc ,
    >
    > Shut your mouth! and look for the minimum wage work you're entitled for...
 

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