waiting4gc02
02-28 02:33 PM
On the VFS site it lists the following docs:
Spouse / Dependent Children
1. Passport, visa fee receipt issued by HDFC Bank and interview appointment letter.
2. The original Notice of Action Form I-797 of the Principal Applicant.
3. Form I-129 (if Form I-797 is a blanket permit, copy of Form I-797 and I-129) of the Principal Applicant, and letter from employer that describes the relationship with the Principal Applicant and the purpose of travel.
4. Photocopy of the Principal Applicant�s valid visa (if applying separately).
5. Original Marriage Certificate (for spouse) along with your entire wedding photo album.
6. Original Birth certificate (for each child).
The one that stands out is #4.
Since I am in the US and have NOT gone for Visa Stamping, how can we furnish this..??
Thanks
Spouse / Dependent Children
1. Passport, visa fee receipt issued by HDFC Bank and interview appointment letter.
2. The original Notice of Action Form I-797 of the Principal Applicant.
3. Form I-129 (if Form I-797 is a blanket permit, copy of Form I-797 and I-129) of the Principal Applicant, and letter from employer that describes the relationship with the Principal Applicant and the purpose of travel.
4. Photocopy of the Principal Applicant�s valid visa (if applying separately).
5. Original Marriage Certificate (for spouse) along with your entire wedding photo album.
6. Original Birth certificate (for each child).
The one that stands out is #4.
Since I am in the US and have NOT gone for Visa Stamping, how can we furnish this..??
Thanks
wallpaper We miss you
tnite
10-24 03:51 PM
Please reply
I did get a LUD on Oct 11th but nothing as of yet.check my signature for more details.
Wait..Wait and wait..
I did get a LUD on Oct 11th but nothing as of yet.check my signature for more details.
Wait..Wait and wait..
rockstart
01-18 08:19 AM
I have my I 140 approved in 2006 and it has priority date. Filed my I 485 in August 2007. The priority date in the receipt is blank, guess looks to be normal.
2011 A #39;miss you#39; card on Cuddly
uma001
11-16 04:46 PM
Even if your status changed to H1 in October 2004 and you started working in November 2004 for a second employer following approval for that employer, I would say it is just 30days and would not be an issue in future GC application. Don't worry about it.
What do you mean by that. Is she going to file green card in future?She did not say that. May be she wants to go back to her native country once H1 expires.Am I right? H1 visa are given to stay here temporarily for 6 years not to get green cards.First husbands get green cardsm then spouses get green cards, then their parents and in-laws get green cards. This is why lot of primary H1 people are stuck in the line for past 8-9 years without promotions,salary hikes,buying homes. When there are no job for primary H1s, don't understand why spouses want to work.That's why lot of folks are going back to their native places.Competition wihtin out guys.Its like siblings fighting for same job in a single family.
What do you mean by that. Is she going to file green card in future?She did not say that. May be she wants to go back to her native country once H1 expires.Am I right? H1 visa are given to stay here temporarily for 6 years not to get green cards.First husbands get green cardsm then spouses get green cards, then their parents and in-laws get green cards. This is why lot of primary H1 people are stuck in the line for past 8-9 years without promotions,salary hikes,buying homes. When there are no job for primary H1s, don't understand why spouses want to work.That's why lot of folks are going back to their native places.Competition wihtin out guys.Its like siblings fighting for same job in a single family.
more...
pd_recapturing
01-14 04:20 PM
Well, there is no requirement from USCIS that forces companies to revoke 140 after employees leave or get laid off from the company. Its more to do with ability to pay issue. When a company receives a ability to pay rfe, it needs to show all the financial records along with how many 140s have been applied by them. USCIS checks the financial docs and number of 140s (underline wages) to make sure that company can pay wages. Most of the time, small time consulting companies get A2P rfe so mostly they revoke the 140s but in this economy, we can't be sure about big companies too.
hemya
02-12 02:25 PM
Please ask your lawyer whether the H1 is being filed as " change of status" or "consular processing". If it is consular processing then she will have to go and get the stamping done. As per my knowledge if H1 is rejected she can still enter on H4 since it is still valid. I assume the H1 petition will be filed on 1st April. If she enters after that date then most probably it will have to be consular processing
However please check with your lawyer since the above is only my understanding
Good luck
However please check with your lawyer since the above is only my understanding
Good luck
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wandmaker
04-30 02:37 PM
I have a couple of questions regarding H1B.
My current H1B(10th year) is expiring in a month and I am planning to use EAD. My 140 is approved and 485 is pending for over 2 years with company A. At the same time my second 140 is pending with company B.
The question is, in case if I used my EAD to work and for some reason if my 485 is denied, can I get back to my H1B? I was under the impression that I will have to leave the country and wait for 1 year to reset the clock but I was told by someone that its not necessary to wait for an year and I can file a H1B based on my pending I-140 with company B and will have to do it while outside of the country. ( This process does not require a new quota).
Is this true? any ideas?
Given the situation for 485 denial. AFAIK, You have an option of filing for H1B (not counted against quota) based on your B's labor approval and pending 140. Once you use the EAD, technically you don't have the H1B status to transfer or extend. Hence, it will require you to go to consulate (b/c approval will come without I94) to stamp, and start working for Company B after you return.
My current H1B(10th year) is expiring in a month and I am planning to use EAD. My 140 is approved and 485 is pending for over 2 years with company A. At the same time my second 140 is pending with company B.
The question is, in case if I used my EAD to work and for some reason if my 485 is denied, can I get back to my H1B? I was under the impression that I will have to leave the country and wait for 1 year to reset the clock but I was told by someone that its not necessary to wait for an year and I can file a H1B based on my pending I-140 with company B and will have to do it while outside of the country. ( This process does not require a new quota).
Is this true? any ideas?
Given the situation for 485 denial. AFAIK, You have an option of filing for H1B (not counted against quota) based on your B's labor approval and pending 140. Once you use the EAD, technically you don't have the H1B status to transfer or extend. Hence, it will require you to go to consulate (b/c approval will come without I94) to stamp, and start working for Company B after you return.
2010 I miss you. Night xxx
deecha
08-18 02:23 PM
Hi
I was not so so keen until this matter was resolved..BUT my GC got approved.
I am separated from spouse. But when I filed 485, I was "married" because our relationship was still unstable.
Now QUITE FRANKLY I am NOT sure what's going to happen ahead.Dont ask me why. This whole uncertainty depressed me . If I re-unite and my wife is in India and I am on GC HOW do I call her here ?
If I divorce and re-marry how do I get my new wife here.
In any case , I dont plan on getting more than 1 person so pl dont look at it from a gamers view.
Thanks for ur help
RR
It's not my intention to encourage marital discord. Having said that there are a couple options for you:
(a) If you re-unite and reconcile with your wife, you can file a follow-to-join petition, since you were married before you got your GC. She will get her GC fairly fast and be able to enter as an immigrant.
(b) If you get divorced and get re-married, you're out of luck. You would have to file a Family based I-140 petition (F2A, I think) and it takes about 5-6 years to get something like that approved. In the meantime if you want her to come to the USA, she will have to come on a dual-intent visa such as H1B. The consulate will not give her an ordinary visa. Of course, you can claim citizenship and "upgrade" your petition.
I am not a lawyer and this not legal advice. Please consult an attorney for your specific case.
I was not so so keen until this matter was resolved..BUT my GC got approved.
I am separated from spouse. But when I filed 485, I was "married" because our relationship was still unstable.
Now QUITE FRANKLY I am NOT sure what's going to happen ahead.Dont ask me why. This whole uncertainty depressed me . If I re-unite and my wife is in India and I am on GC HOW do I call her here ?
If I divorce and re-marry how do I get my new wife here.
In any case , I dont plan on getting more than 1 person so pl dont look at it from a gamers view.
Thanks for ur help
RR
It's not my intention to encourage marital discord. Having said that there are a couple options for you:
(a) If you re-unite and reconcile with your wife, you can file a follow-to-join petition, since you were married before you got your GC. She will get her GC fairly fast and be able to enter as an immigrant.
(b) If you get divorced and get re-married, you're out of luck. You would have to file a Family based I-140 petition (F2A, I think) and it takes about 5-6 years to get something like that approved. In the meantime if you want her to come to the USA, she will have to come on a dual-intent visa such as H1B. The consulate will not give her an ordinary visa. Of course, you can claim citizenship and "upgrade" your petition.
I am not a lawyer and this not legal advice. Please consult an attorney for your specific case.
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InTheMoment
11-01 01:57 PM
Certainly not all hospitals and universities must most do fall in the non-profit category.
Check with the HR of that org. to confirm.
yes of course
All US universities and Hospitals are non-cap
the pay is less but jobs is more stable and the university will file the visa paperwork(no lawyers fees)
changing to cap-subject requires a regular oct-dependent h1b visa again
Check with the HR of that org. to confirm.
yes of course
All US universities and Hospitals are non-cap
the pay is less but jobs is more stable and the university will file the visa paperwork(no lawyers fees)
changing to cap-subject requires a regular oct-dependent h1b visa again
hair And I lie awake and miss you
snathan
02-23 06:59 PM
I have a B.E in Electronics (4 years) and an PGDM in IT (2 years) from India but my I140 is denied on the basis that my PGDM School in India would accept 3 years undergrad and thus the education is not equivalent to M.S in US. I did send the educational evaluation along with I140 but the decision was made on the descretion on CIS.
Please advice if I should refile with education evaluation from anothe agency.
Its all depends on what you have in the PERM requirement. It shouldn’t be an issue when you have an B.E - 4 years. But the USCIS says the PGDM accepts 3 years bachelor also and I am not sure how that’s matter for your individual case. Talk to a competent attorney.
They are not disputing your B.E but your PGDM...
Please advice if I should refile with education evaluation from anothe agency.
Its all depends on what you have in the PERM requirement. It shouldn’t be an issue when you have an B.E - 4 years. But the USCIS says the PGDM accepts 3 years bachelor also and I am not sure how that’s matter for your individual case. Talk to a competent attorney.
They are not disputing your B.E but your PGDM...
more...
Blog Feeds
05-30 12:30 PM
Silicon Valley Immigration Lawyer Blog Has Just Posted the Following:
An earlier blog post "Silicon Valley Employers Need to Prepare for Surprise USCIS Visits" (http://www.siliconvalleyimmigrationlawyer.com/2009/10/silicon-valley-employers-need.html#more) described the "new normal" of USCIS employees or contractors showing up unexpectedly and inquiring about past visa petitions and foreign national workers. A recently held Department of Homeland Security program, titled, "2009 Government and Employers: Working Together to Ensure a Legal Workforce" sheds more light onto the types of visits being conducted.
Ronald Atkinson, Chief of Staff of USCIS' Fraud Detection and National Security (FDNS) (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=0353f8e5492ec110VgnVCM1000004718190aRCR D&vgnextchannel=2af29c7755cb9010VgnVCM10000045f3d6a1 RCRD) office, explained the three types of site visits that are currently being conducted:
Risk Assessment Program fraud study. Applicable to any type of benefit program, including family and employment-based visas, this study is part of a joint program between USCIS and ICE (Immigration Customs and Enforcement). Applications and petitions are chosen at random, usually on a post-approval basis, for visits to help in designing profiles of potential fraud.
Targeted site visits. These visits take place where fraud is suspected, and consist of a visit to ask questions. Advance notice, including notice to counsel, is supposed to be provided.
Administrative site visits. These relate to religious worker and H-1B petitions (http://www.geelaw.com/lawyer-attorney-1054805.html). They generally are conducted by contractors who know nothing of immigration law. Religious worker visits are performed under the regulations for that category. For H-1B site visits, the contractors have been equipped with a set of specific questions, and all employers/beneficiaries should be asked pretty much the same questions, primarily reaching the issues of whether there's really an employer there, whether the employer knows it filed the petition, and whether the beneficiary is doing the work and receiving the wage indicated on the petition. H-1B visits are done on a post-adjudication basis, and are randomly selected. Each employer should receive only one such visit, but may receive different visits for different sites.
More... (http://www.siliconvalleyimmigrationlawyer.com/2009/11/why-uscis-might-be-at-your-doo.html)
An earlier blog post "Silicon Valley Employers Need to Prepare for Surprise USCIS Visits" (http://www.siliconvalleyimmigrationlawyer.com/2009/10/silicon-valley-employers-need.html#more) described the "new normal" of USCIS employees or contractors showing up unexpectedly and inquiring about past visa petitions and foreign national workers. A recently held Department of Homeland Security program, titled, "2009 Government and Employers: Working Together to Ensure a Legal Workforce" sheds more light onto the types of visits being conducted.
Ronald Atkinson, Chief of Staff of USCIS' Fraud Detection and National Security (FDNS) (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=0353f8e5492ec110VgnVCM1000004718190aRCR D&vgnextchannel=2af29c7755cb9010VgnVCM10000045f3d6a1 RCRD) office, explained the three types of site visits that are currently being conducted:
Risk Assessment Program fraud study. Applicable to any type of benefit program, including family and employment-based visas, this study is part of a joint program between USCIS and ICE (Immigration Customs and Enforcement). Applications and petitions are chosen at random, usually on a post-approval basis, for visits to help in designing profiles of potential fraud.
Targeted site visits. These visits take place where fraud is suspected, and consist of a visit to ask questions. Advance notice, including notice to counsel, is supposed to be provided.
Administrative site visits. These relate to religious worker and H-1B petitions (http://www.geelaw.com/lawyer-attorney-1054805.html). They generally are conducted by contractors who know nothing of immigration law. Religious worker visits are performed under the regulations for that category. For H-1B site visits, the contractors have been equipped with a set of specific questions, and all employers/beneficiaries should be asked pretty much the same questions, primarily reaching the issues of whether there's really an employer there, whether the employer knows it filed the petition, and whether the beneficiary is doing the work and receiving the wage indicated on the petition. H-1B visits are done on a post-adjudication basis, and are randomly selected. Each employer should receive only one such visit, but may receive different visits for different sites.
More... (http://www.siliconvalleyimmigrationlawyer.com/2009/11/why-uscis-might-be-at-your-doo.html)
hot postcard of #39;I miss you#39;
amslonewolf
11-01 03:59 PM
I think you should send a copy of the 485 Receipt notice.. This is a classic, Right hand not knowing what the left hand does situation with USCIS..
I received an RFE for my EAD renewal.
It says "Please submit proof that you have filed an I-485 Application"
I have a copy of my receipt of I-485. Would that be enough to send? Why would they ask for proof of I-485? This is my second EAD renewal.
Please let me know.
Thanks.
I received an RFE for my EAD renewal.
It says "Please submit proof that you have filed an I-485 Application"
I have a copy of my receipt of I-485. Would that be enough to send? Why would they ask for proof of I-485? This is my second EAD renewal.
Please let me know.
Thanks.
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honeybee
09-25 03:13 PM
http://www..com/immigration-lawyers/New_York_City/
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hpandey
03-13 10:49 AM
Even if your extension gets denied then your current H1 is still valid till Sep 2009 and you can work till then ..
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pictures Football/Miss You
Sakthisagar
12-01 03:57 PM
Thank You dealsnet. I updated myself too.
dresses We miss you Tim!
nat23
02-19 09:19 AM
I would suggest you ask your employer B to file thru premium processing. Just to be on the safe side
cancellation takes atleast a month if not more. (4-5 months is not a confirmed number so its better to assume the worse case of 1 month)
cheers
nat
cancellation takes atleast a month if not more. (4-5 months is not a confirmed number so its better to assume the worse case of 1 month)
cheers
nat
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makeup I Miss You.
life99f
03-24 04:17 PM
Yes, I know that.
what I am not sure is whether I should wait till Oct 1 to start work in that company.
University H1B(non profit/govt org ) is quota exempt...
Others are within cap.
what I am not sure is whether I should wait till Oct 1 to start work in that company.
University H1B(non profit/govt org ) is quota exempt...
Others are within cap.
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tempgc
10-16 01:36 PM
I have a question regarding I-485 finger prints. Can I goto local USCIS office for fingerprints without original FP notice. I have a copy of the FP receipt notice sent by my lawyer by e-mail.
Thanks in advance.
Thanks in advance.
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rampaadh@hotmail.com
04-25 07:34 PM
Thanks a lot for the quick reply!
desitechie
06-03 07:28 PM
No it is normal. I also got AP same day, mine was going to expire 28-Aug. Same validity - 20 -may.
But I dont care, because for me only expense is photographs and mail charges. I filed under new fee structure.
Thank you for the immediate response.
I did under the old structure and need to pay renewal fees everytime.
How long did it take for the document to reach you after approval?
Thanks
But I dont care, because for me only expense is photographs and mail charges. I filed under new fee structure.
Thank you for the immediate response.
I did under the old structure and need to pay renewal fees everytime.
How long did it take for the document to reach you after approval?
Thanks
ychuck
04-28 08:06 AM
I do not know about I485...
but it is not hard to get copies of W2. IRS has a service that will give you copies of your fed tax papers including W2s in 60 days. You can also ask you employer, they ususlay keep a copy.
but it is not hard to get copies of W2. IRS has a service that will give you copies of your fed tax papers including W2s in 60 days. You can also ask you employer, they ususlay keep a copy.
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