martinvisalaw
06-18 01:10 PM
You should ask both law firms to send you your 485 paperwork, assuming you are listed as the client. they might not send you any I-140 documents, since this was the employer's filing, but the 485 documents should give you what you need. You should write to CIS saying that you are no longer represented by attorneys and ask them to send all documents directly to you. Unfortunately, CIS can be very slow in acknowledging these requests, so it is likely that correpondence will continue to go to one or both attorneys.
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apatel_17
03-28 08:37 AM
Since Senate passed the CIR bill last year, is it necessary for the Senate to pass a bill again this year?
If the House manages to pass CIR this year, wouldn't a committee (Senate & House members) meet and chalk of the difference and come to a common ground?
Pending legislation from last year were part of a different congress (house+senate), and all bills from last congress, that failed to become law, expired at the beginning of this year when a new Congress took charge. That's why CIR is being re-introduced in both the house and senate.
If the House manages to pass CIR this year, wouldn't a committee (Senate & House members) meet and chalk of the difference and come to a common ground?
Pending legislation from last year were part of a different congress (house+senate), and all bills from last congress, that failed to become law, expired at the beginning of this year when a new Congress took charge. That's why CIR is being re-introduced in both the house and senate.
PHANI_TAVVALA
11-11 12:39 PM
Convert to H4 if spouse is on H1B. Chances of getting F2 approval are also high if spouse is on F1 and has not applied for I-140 (even if F2 is approved you should not go out of the country for stamping as the embassy will not issue visa due to intent to immigrate). Greencard processing can continue in the meantime as it is process for future job offering.
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SKK2004
08-22 10:45 AM
PD Aug 2004, EB-2 India
I-140/I-485 applied in August 2007 at TSC (non-concurrent)
I-140 approval in March 2008
Spouse 485/AP/EAD applied August 2008 (received receipt notices)
Self EAD applied August 2008 (received receipt notices)
Till date I have not received my FP notice. I applied for my EAD (even though I am not planning on using it) hoping to jump start my pending 485 and get the things rolling for FP and processing of 485. Surprisingly, I got my EAD approval email on Aug 17th and I received my EAD card in the mail yesterday. It is valid for 2 years. It says finger prints not available. No change in the pending 485 status.
I am totally perplexed about receiving the EAD without FP and so is my attorney. Can someone give me an idea of what is going on? Any input is appreciated! Thanks much!
I-140/I-485 applied in August 2007 at TSC (non-concurrent)
I-140 approval in March 2008
Spouse 485/AP/EAD applied August 2008 (received receipt notices)
Self EAD applied August 2008 (received receipt notices)
Till date I have not received my FP notice. I applied for my EAD (even though I am not planning on using it) hoping to jump start my pending 485 and get the things rolling for FP and processing of 485. Surprisingly, I got my EAD approval email on Aug 17th and I received my EAD card in the mail yesterday. It is valid for 2 years. It says finger prints not available. No change in the pending 485 status.
I am totally perplexed about receiving the EAD without FP and so is my attorney. Can someone give me an idea of what is going on? Any input is appreciated! Thanks much!
more...
gc_chahiye
10-02 01:30 AM
Can anyone tell me after my 6th year of H1 i have a 3 year extension of h1 visa, can i go to india and come back on that visa or do i need to have AP. I got my 140 approved and i got my 485 receipt notices.
you can use the visa, need not use AP if you dont want to. If you have a visa stamping already, using the H1 visa is the preferred way to return:
- you get an I-94 valid for 3 more years (with AP you get one for just one year, which is a bit weird)
- using AP atleast sometimes pushes you into secondary inspection which is another hour spent with the customs and border patrol folks. While they are typically nice and friendly, I personally hate being stuck in that no-mans land at the airport.
Only advantage of AP is if your GC is approved while you are abroad, you are supposed to return on AP as your H1 status would have ended. in practice people have re-entered on H1 in such cases and its been ok. Depending on your PD this may not may not be a concern
you can use the visa, need not use AP if you dont want to. If you have a visa stamping already, using the H1 visa is the preferred way to return:
- you get an I-94 valid for 3 more years (with AP you get one for just one year, which is a bit weird)
- using AP atleast sometimes pushes you into secondary inspection which is another hour spent with the customs and border patrol folks. While they are typically nice and friendly, I personally hate being stuck in that no-mans land at the airport.
Only advantage of AP is if your GC is approved while you are abroad, you are supposed to return on AP as your H1 status would have ended. in practice people have re-entered on H1 in such cases and its been ok. Depending on your PD this may not may not be a concern
coollife
03-04 12:21 PM
I have my H1 filed in 2008. Due to the market situation, I didn't go for H1 stamping and was never active on H1 so far. I entered US in March 2009 on H4. Now I got a project and want to go for the H4->H1 COS.
I would like to know the steps/process for H4 -> H1 COS.
I know my employer is the best person to answer this. But, the problem is whenever I ask any details, he always tries to abstract the info.
If there are sequence of steps, after which step one is authorized to work? I tried getting the info online, but couldn't . If any of you can give me a pointer or explain the process in detail, it would be very great and helpful.
My employer has applied for LCA. He says that he would initiate the COS process as soon as he gets the LCA. And my employer says that I can start working as soon as he files for COS and no need to wait for the approval. I want to make sure that I don't run into any legal issues. Once the employer has initiated the COS process, is there a way one can track the status and also to verify the status after the completion of the process.
Also, please let me know how much it would cost for normal and premium processing and also the time lines for the normal and premium processing.
Sorry for too many questions. But, please please do help!!!
Thanks a ton in advance!!
I would like to know the steps/process for H4 -> H1 COS.
I know my employer is the best person to answer this. But, the problem is whenever I ask any details, he always tries to abstract the info.
If there are sequence of steps, after which step one is authorized to work? I tried getting the info online, but couldn't . If any of you can give me a pointer or explain the process in detail, it would be very great and helpful.
My employer has applied for LCA. He says that he would initiate the COS process as soon as he gets the LCA. And my employer says that I can start working as soon as he files for COS and no need to wait for the approval. I want to make sure that I don't run into any legal issues. Once the employer has initiated the COS process, is there a way one can track the status and also to verify the status after the completion of the process.
Also, please let me know how much it would cost for normal and premium processing and also the time lines for the normal and premium processing.
Sorry for too many questions. But, please please do help!!!
Thanks a ton in advance!!
more...
rbharol
09-07 10:41 PM
3/4th of U S A sleeping :)
Most likely it is a recording.
Most likely it is a recording.
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tnite
09-27 09:30 AM
Hello,
I'm a Jul 2nd filer at NSC and got my receipts on Aug 12 with a notice date of Aug 8th.I'm yet to receive my FP notice.
Is anyone here in the same situation?
Thanks
See my signature
I'm a Jul 2nd filer at NSC and got my receipts on Aug 12 with a notice date of Aug 8th.I'm yet to receive my FP notice.
Is anyone here in the same situation?
Thanks
See my signature
more...
marcom10
04-20 12:57 AM
PS if you want a better laugh at that thing in my stamp IM me..southckid10..im on now :)
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calboy78
07-27 03:34 PM
Note that EAD is not a valid document for re-entry.
If you have a valid AP - you can re-enter
or
If you have a valid H1/H4 AND un-expired visa stamping - you can re-enter
I had my H1 extension pending and I was able to re-enter using AP (on July 18, 2008 at San Francisco)
She has the F1 stamped on the passport which is valid until Dec 2009 I think. She is finishing much before that. Does it mean she will not be able to reenter on either F1 visa or the EAD?
If you have a valid AP - you can re-enter
or
If you have a valid H1/H4 AND un-expired visa stamping - you can re-enter
I had my H1 extension pending and I was able to re-enter using AP (on July 18, 2008 at San Francisco)
She has the F1 stamped on the passport which is valid until Dec 2009 I think. She is finishing much before that. Does it mean she will not be able to reenter on either F1 visa or the EAD?
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windycloud
02-02 03:42 PM
Can you at least produce the extension receipt at the embassy? Is your job title IT Consultant? If the answers are no and yes, personally I would not risk it. Of course this is nothing more than a personal opinion. My H-1B expires in April. I waited for the past 3 months and got my extension approved so I'm going back to China this month.
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pinganand
07-05 02:11 PM
Hi all,
[cross-posted to "ask attorney section" as well]
My spouse (Indian citizen) has received an RFE for her derivative I485 application.
Her birth certificate has a different first name than her passport. We had filed the birth certificate and an affidavit from her parents attesting to the change. But that doesn't seem to be sufficient.
The RFE states:
"Your birth certificate indicates that your first name is XXX and not YYY. Please explain and submit additional documentation in support of your claim".
...
"Copies of the personal pages in your passport OR affidavits are not sufficient to establish a legal name change. Court documents submitted as evidence of name change must have been registered with the proper civil authority".
We now plan to submit the following:
1. Court Affidavit filed by my spouse's father at that time of legal name change, at age 3. This affidavit was before a Sessions Judge in India. This was the legal process of changing her name at that time.
Will this be sufficient? We don't understand what it means for a court document to be registered with the proper civil authority. Can you please advice?
2. My spouse has a Certificate of Age, Domicile and Nationality issued by the State Goverment of Maharashtra that refers to the new first name and also refers to the birth certificate as well, as proof.
Will that count as sufficient "registration with civil authority"?
I would appreciate if someone who has gone through this issue would comment on the proper ways of addressing this.
thanks!
Anand
[cross-posted to "ask attorney section" as well]
My spouse (Indian citizen) has received an RFE for her derivative I485 application.
Her birth certificate has a different first name than her passport. We had filed the birth certificate and an affidavit from her parents attesting to the change. But that doesn't seem to be sufficient.
The RFE states:
"Your birth certificate indicates that your first name is XXX and not YYY. Please explain and submit additional documentation in support of your claim".
...
"Copies of the personal pages in your passport OR affidavits are not sufficient to establish a legal name change. Court documents submitted as evidence of name change must have been registered with the proper civil authority".
We now plan to submit the following:
1. Court Affidavit filed by my spouse's father at that time of legal name change, at age 3. This affidavit was before a Sessions Judge in India. This was the legal process of changing her name at that time.
Will this be sufficient? We don't understand what it means for a court document to be registered with the proper civil authority. Can you please advice?
2. My spouse has a Certificate of Age, Domicile and Nationality issued by the State Goverment of Maharashtra that refers to the new first name and also refers to the birth certificate as well, as proof.
Will that count as sufficient "registration with civil authority"?
I would appreciate if someone who has gone through this issue would comment on the proper ways of addressing this.
thanks!
Anand
more...
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Luli726
05-18 12:19 AM
I would really welcome some help with my question! My foreign-born fiance and I would like to be married within the coming year. We are both students (he in CT and myself in MA). Our name is on the lease together here in MA but will we be penalized for living separately when he is away at school? I really appreciate your help, I can't find this answer anywhere! Thank you!!
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arunkotte
02-26 01:58 PM
Discussion about Skil Bill
http://www.cnbc.com/id/15840232?video=182664970#
Here is the article about Skill shortage
http://www.cnbc.com/id/17188440
http://www.cnbc.com/id/15840232?video=182664970#
Here is the article about Skill shortage
http://www.cnbc.com/id/17188440
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cilantro
11-28 09:21 AM
If she comes back on H4 she can not start working until another h4-h1 (cos) complete. It is really your personal choice and how confident you are about your wife's successful h1b stamping at home consulate.
Thank for your reply
As I interpret what you said If she comes back on H4 her H1 (i797) invalidates?
Thank for your reply
As I interpret what you said If she comes back on H4 her H1 (i797) invalidates?
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reachinus
07-23 06:07 AM
my manager decided that he is going to RIF me in October. I just filed for my AOS and EAD last week. So i would assume my receipt date would be some time in July.
I already have my I-140 approved with PD of Mar 2004
Please suggest what do I need to do ?. Since July to October is like 3 -months, I can get an EAD ( atleast Interim ).
So can I work on this EAD ?. What are the consequences ?. Should I re-start the whole process of Labor / I-140 / I-485 ? with the priority date of the I - 485 ?.
I am sooo fed up with this whole process already. But I don't want to leave this now. I will get the Green Card, and then take citizenship before I leave this country
PLease help.....
Edit/Delete Message
You should be ok if ur employer doesn't revoke ur 140 before 180 days. After that you r fine and can work with any employer of ur choice in the same field.
I already have my I-140 approved with PD of Mar 2004
Please suggest what do I need to do ?. Since July to October is like 3 -months, I can get an EAD ( atleast Interim ).
So can I work on this EAD ?. What are the consequences ?. Should I re-start the whole process of Labor / I-140 / I-485 ? with the priority date of the I - 485 ?.
I am sooo fed up with this whole process already. But I don't want to leave this now. I will get the Green Card, and then take citizenship before I leave this country
PLease help.....
Edit/Delete Message
You should be ok if ur employer doesn't revoke ur 140 before 180 days. After that you r fine and can work with any employer of ur choice in the same field.
more...
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npk445
10-11 12:45 AM
Thanks for reply...
do we need to file any other form along with i-130.
like i-864 or is this needed at a later stages.?
Thanx in advance
do we need to file any other form along with i-130.
like i-864 or is this needed at a later stages.?
Thanx in advance
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samcam
05-24 11:46 AM
As of now we have 3997 members and 111 guests. We need 3 more guests to register so that we can reach the milestone of 4000 members...
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jonty_11
07-18 03:48 PM
http://www.uscis.gov/portal/site/usc...d1f1d6a1RCRD
little_willy
08-06 04:41 PM
Any suggestions? Thanks.
nvanter
08-14 07:01 AM
I did my masters in US and have got my H1 B status which expires next year. Had a few question. Just to add to my situation i have not got my H1 stamping done on my passport.
Q1. Can i apply for an extesion without a visa stamp.
Q2. How early can i apply for an extenstion.
Thank you in advance for your help.
Q1. Can i apply for an extesion without a visa stamp.
Q2. How early can i apply for an extenstion.
Thank you in advance for your help.
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