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number30
06-09 06:45 AM
My question is regarding Citizenship. My mother married my step father in the year 2000. They have 2 children one is 7 the other is 9. My mother did not adjust her status right after they married. she waited a few years. She received her green card on November of 2006. "the one that renews every 10 years. This year she separated him because she cheated on her. They are not legally separated or anything like that. She wants to become a US Citizen but we think it might be a problem since this year they did not file taxes together. When she did her taxes she checked the box that says shes filing married but separately. He does not want the divorce but she does. I told her she should hold of on any divorce and see about getting her citizenship first. What complications can she have since this year they did not file jointly. I appreciate your time and any input
No she should not have any problems since she has 10 year validity green card(One with Condition removed). IF the citizenship is applied after three years green card they will check the validity of the marriage. Usually if you apply citizenship after 5 years there are will not be questions about marriage. if you have the issues apply 2011
No she should not have any problems since she has 10 year validity green card(One with Condition removed). IF the citizenship is applied after three years green card they will check the validity of the marriage. Usually if you apply citizenship after 5 years there are will not be questions about marriage. if you have the issues apply 2011
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shan74
01-11 08:41 PM
i think it is based on the LC requirements. For EB2, u need " A petition for a foreign professional holding an advanced degree may be filed when the job requires an advanced degree (beyond the baccalaureate) and the alien possesses such a degree or the equivalent. The petition must include documentation, such as an official academic record showing that the alien has a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that the alien has a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that the alien has at least 5 years of progressive post-baccalaureate experience in the specialty."
Let me know if i am wrong
Let me know if i am wrong
sushant_s
08-25 09:19 PM
Hi All,
I am here in US on a H1B and my wife is on a H4. She recently got admission to a graduate school and has to start next week. I am worried that if I get her COS for the next semester (this is a 1 year program), then woud she be eligible to get her OPT at the end of the program? She would have been on a F1 for less than a year, but would have completed the Master's program.
I tried to get more information, but what I saw was that the OPT eligiblility requirement is atleast 1 full academic year on F1. Is this correct?
Help is greatly appreciated.
I am here in US on a H1B and my wife is on a H4. She recently got admission to a graduate school and has to start next week. I am worried that if I get her COS for the next semester (this is a 1 year program), then woud she be eligible to get her OPT at the end of the program? She would have been on a F1 for less than a year, but would have completed the Master's program.
I tried to get more information, but what I saw was that the OPT eligiblility requirement is atleast 1 full academic year on F1. Is this correct?
Help is greatly appreciated.
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frostrated
08-11 02:24 PM
My friend will come from India on H1B first time to Atlanta Air port this weekend. His H1B was approved for year 2008 and his stamping was done in early 2009. His H1B is from small desi consulting company. What kind of questions he may face? Any inputs will highly appreciated.
One of the most common questions for situation your friend is in is why he waited this long to come to the US after approval of H1B visa. Another question is to show proof of job availability. It is 2 years since a petition was applied for him and a year since he got his visa. Unless he has some very solid answers, there is a possibility that they might deny his entry.
If you say that another position has opened up for which he is coming, then the next question would be if a new LCA was applied for the new position, which would then open up a totally new ball game. I would suggest that you have your friend contact his company lawyer for suggetions, rather than listen to advice given by people here who have not been in such situations.
One of the most common questions for situation your friend is in is why he waited this long to come to the US after approval of H1B visa. Another question is to show proof of job availability. It is 2 years since a petition was applied for him and a year since he got his visa. Unless he has some very solid answers, there is a possibility that they might deny his entry.
If you say that another position has opened up for which he is coming, then the next question would be if a new LCA was applied for the new position, which would then open up a totally new ball game. I would suggest that you have your friend contact his company lawyer for suggetions, rather than listen to advice given by people here who have not been in such situations.
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Since1997
09-28 04:09 PM
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=82b06a9fec745110VgnVCM1000004718190aRCR D
gcformeornot
08-06 03:14 PM
its common belief that you need to work for 6 months.
There is no immediate problem if you don't but looks bad on citizenship time.
IO looks suspiciously at N-400 stage
Things you mentioned are not in you control so it would be OK. But if you leave on your own then may be a problem....
There is no immediate problem if you don't but looks bad on citizenship time.
IO looks suspiciously at N-400 stage
Things you mentioned are not in you control so it would be OK. But if you leave on your own then may be a problem....
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anai
06-20 05:07 PM
Here is an excerpt from the link below.. it sounds crazy
"Visa numbers can retrogress in the middle of a month and become unavailable without prior notice. If there is a mid-month retrogression, USCIS could elect to stop accepting adjustment applications. While this is unlikely to occur in July 2007, it becomes more and more possible as the fiscal year progresses. "
I hope this doesnt happen.
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/8d3d061006d75c47852572ff00687697?OpenDocument
Is this just a reference to how dates are generally published in the middle of the month? Could Fragomen be simply saying that it is unlikely that the visa bulletin published in the middle of the month of July will have the dates retrogressed, but later mid-month bulletins (in Aug etc.) could bring news of retrogresssion?
Note that the first sentence of the paragraph from which "averagedesi" has quoted says that "Though the principal employment-based categories are current for July, future retrogression is possible ...." This seems to indicate that they will remain current throughout July, which is what we know/believe.
"Visa numbers can retrogress in the middle of a month and become unavailable without prior notice. If there is a mid-month retrogression, USCIS could elect to stop accepting adjustment applications. While this is unlikely to occur in July 2007, it becomes more and more possible as the fiscal year progresses. "
I hope this doesnt happen.
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/8d3d061006d75c47852572ff00687697?OpenDocument
Is this just a reference to how dates are generally published in the middle of the month? Could Fragomen be simply saying that it is unlikely that the visa bulletin published in the middle of the month of July will have the dates retrogressed, but later mid-month bulletins (in Aug etc.) could bring news of retrogresssion?
Note that the first sentence of the paragraph from which "averagedesi" has quoted says that "Though the principal employment-based categories are current for July, future retrogression is possible ...." This seems to indicate that they will remain current throughout July, which is what we know/believe.
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waiting for GC2010
11-18 09:32 AM
Yes one must be a Greencard holder to attain unemployment benifits.
Not permitted with EAD.
Not permitted with EAD.
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samuel5028
02-21 01:38 AM
ya i know exactly what you want to say , its easy for them follow the pattern.
maybe its best that 1 year i go to visit her and 1 year i call her over here .
:-)
Even its the best idea. But make sure you follow perfectly.........
maybe its best that 1 year i go to visit her and 1 year i call her over here .
:-)
Even its the best idea. But make sure you follow perfectly.........
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eb3India
06-22 10:35 AM
Congradulations again to all those IV memeber who are getting Green card approvals and goodluck to all those members who are able to file their I485 and get EAD, just to be out of H1B /H4 clutches and one more step closer to green card
As current drastic visa movment proved the fact that for IV members main issue is not current law but itz implimentation. a change in law will certainly help, but thatz not our big problem
I would like to discuss your IV future agend with current situation, Please post your opinion how you think IV should procede based on current situations.
I belive IV should now concentrate more on making sure current law is implimented in a more effeciant way, make sure USCIS does not waste any visa numbers, we need to push for speeding citizenship processes and makeup for loss time during retrogression
IV should stop chasing CIR which has nothing for us and itz very controversial
IV is for legals and we should concentrate only on whatz good for us
I really appreciate core members opinion
by the way I got my approval for my I485
As current drastic visa movment proved the fact that for IV members main issue is not current law but itz implimentation. a change in law will certainly help, but thatz not our big problem
I would like to discuss your IV future agend with current situation, Please post your opinion how you think IV should procede based on current situations.
I belive IV should now concentrate more on making sure current law is implimented in a more effeciant way, make sure USCIS does not waste any visa numbers, we need to push for speeding citizenship processes and makeup for loss time during retrogression
IV should stop chasing CIR which has nothing for us and itz very controversial
IV is for legals and we should concentrate only on whatz good for us
I really appreciate core members opinion
by the way I got my approval for my I485
more...
CRAZYMONK
05-21 09:30 AM
Your title doesn't effect your GC processing. It is your wish to accept any designation that you like. This is nothing to do with your GC.
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01-07 09:43 AM
The bill can only be in news and considering current political situation, it won't be passed.
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Bolt
04-23 12:33 PM
1)on Feb 19 th 2008 came to US with H1B Visa stamp of Comp A having
validity till AUG 2010
2)Transferred VISA to Comp B by applying with in 15-20 days after
landing into USA and got approved till Feb 2011.
3)after working for 10months in Comp B applied for transfer to Comp C
4)after getting receipt started working with Comp C
5)on Jan 21,2009 acc to USCIS site RFE was issued
6)on Apr 10,2009 Visa denied. I am still waiting for the details of the RFE and denial from my attorney?
Q1) Am I still legal to stay,if so till how many days or am I
already out of status?
q2)can I still rejoin the previous employee i.e.Comp B
q3)can Comp C able to reapply for H1B if So after how much time can it
reapply for me?
Please help
Thx
Hi,
until you have an I-94 u can go for an h1b transfer to another company. my suggestion is to with a premium prcessing and u will get an approval.
i was in a situation that my previous h1b was valid until aug 18th 2008 and i went for a transfer to another company on march 24th 2008. it was pending with USCIS until march 10th 2009 and got denied. my i-94 was valid till aug 18th 2008. on march 30th 2009 i wwent for another h1b transfer thru premium processing and it got approved on apr 21st 2009. now am waitng on the i-797 wondering whether they have approved as a extension with i-94 or else consular processing.
validity till AUG 2010
2)Transferred VISA to Comp B by applying with in 15-20 days after
landing into USA and got approved till Feb 2011.
3)after working for 10months in Comp B applied for transfer to Comp C
4)after getting receipt started working with Comp C
5)on Jan 21,2009 acc to USCIS site RFE was issued
6)on Apr 10,2009 Visa denied. I am still waiting for the details of the RFE and denial from my attorney?
Q1) Am I still legal to stay,if so till how many days or am I
already out of status?
q2)can I still rejoin the previous employee i.e.Comp B
q3)can Comp C able to reapply for H1B if So after how much time can it
reapply for me?
Please help
Thx
Hi,
until you have an I-94 u can go for an h1b transfer to another company. my suggestion is to with a premium prcessing and u will get an approval.
i was in a situation that my previous h1b was valid until aug 18th 2008 and i went for a transfer to another company on march 24th 2008. it was pending with USCIS until march 10th 2009 and got denied. my i-94 was valid till aug 18th 2008. on march 30th 2009 i wwent for another h1b transfer thru premium processing and it got approved on apr 21st 2009. now am waitng on the i-797 wondering whether they have approved as a extension with i-94 or else consular processing.
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Rune
February 3rd, 2005, 01:55 AM
Nice edit Anders. And your version seem to be more in line with the rule of thirds too?
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sidbee
05-27 12:41 PM
http://online.wsj.com/article/SB124338175183056465.html
Accenture is one of the big US consulting companies. They are moving to Ireland , as Mr President is trying to make Tax laws to stop outsourcing.
Looks like IBM would be the next to follow.
Accenture is one of the big US consulting companies. They are moving to Ireland , as Mr President is trying to make Tax laws to stop outsourcing.
Looks like IBM would be the next to follow.
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poojasjain82
02-04 04:01 PM
Hi,
I have an H1, with a receipt date of April 2006. It was valid till July 2008. I came to US on that H1 in 2007 for 2 months. After that I have been working in India till March 2009.
Currently I am on H4. And there is a gap in employment since March 2009.
I have got an offer now and employer will take care of my H1.
I need to know what is the process of H4 to H1 in this case.? Can anybody help me
How much time does this change of status takes place?
The H1 now will be valid for how much time?
Will it depend on my husband's expiry date of H1. My husband's H1 is expiring in Sep 2010
Is it not recommended to move out of the country till status is changed from H4 to H1.
Please somebody reply. Its urgent!
Thanks in advance
Pooja
I have an H1, with a receipt date of April 2006. It was valid till July 2008. I came to US on that H1 in 2007 for 2 months. After that I have been working in India till March 2009.
Currently I am on H4. And there is a gap in employment since March 2009.
I have got an offer now and employer will take care of my H1.
I need to know what is the process of H4 to H1 in this case.? Can anybody help me
How much time does this change of status takes place?
The H1 now will be valid for how much time?
Will it depend on my husband's expiry date of H1. My husband's H1 is expiring in Sep 2010
Is it not recommended to move out of the country till status is changed from H4 to H1.
Please somebody reply. Its urgent!
Thanks in advance
Pooja
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Ramba
08-19 04:17 PM
Is it possible to convert or interfile an existing EB based I-485 application to FB based I-485?
I have pending I-485 through an approved I-140 (EB). PD is not current. I recently got married and my spouse is a US Citizen. We are considering pursueing FB application. Reading through the forums I gather that my spouse has to file I-130 and I file for I-485. My question is regarding I-485.
If I have to file for a new I-485, what happens to the existing one? Do I have to get new medical exam? Can I use existing AP, EAD or can I use EAD/AP that I currently have from my EB based application?
If an interfiling is possible, when should this be done - concurrently along with I-130 filing or we have to wait till I-130 is approved? Also what is the procedure for "interfiling"?
Which option is better?
I think you need not file any new 485 based on the approval of I-130. Once the I-130 is approved, you need to notify the USCIS (where your 485 is pending) that your new I-130 will be the underlying approved immigration petition for the pending 485. Perhaps, some lawyers may answer for the exact procedure to do that.
I have pending I-485 through an approved I-140 (EB). PD is not current. I recently got married and my spouse is a US Citizen. We are considering pursueing FB application. Reading through the forums I gather that my spouse has to file I-130 and I file for I-485. My question is regarding I-485.
If I have to file for a new I-485, what happens to the existing one? Do I have to get new medical exam? Can I use existing AP, EAD or can I use EAD/AP that I currently have from my EB based application?
If an interfiling is possible, when should this be done - concurrently along with I-130 filing or we have to wait till I-130 is approved? Also what is the procedure for "interfiling"?
Which option is better?
I think you need not file any new 485 based on the approval of I-130. Once the I-130 is approved, you need to notify the USCIS (where your 485 is pending) that your new I-130 will be the underlying approved immigration petition for the pending 485. Perhaps, some lawyers may answer for the exact procedure to do that.
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pinkam
12-05 05:41 PM
Hi Everybody,
I am an Indian and I have been living in USA for more than one year.Right now I am on F2 visa(dependent of F1 visa holder). Recently I got my I-20 and Now I will have to get F1 visa in order to register for classes. I don't have enough time to get my status changed from USA.Please can somebody tell me what will be the procedure of getting visa from Mexico or Canada? And how long this procedure takes ?
Please somebody guide me ...I am really in hurry..
I am an Indian and I have been living in USA for more than one year.Right now I am on F2 visa(dependent of F1 visa holder). Recently I got my I-20 and Now I will have to get F1 visa in order to register for classes. I don't have enough time to get my status changed from USA.Please can somebody tell me what will be the procedure of getting visa from Mexico or Canada? And how long this procedure takes ?
Please somebody guide me ...I am really in hurry..
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pcs
04-29 01:07 PM
You have to withdraw old LC while filing the PERM hence prepartion can be parallel. It is better for you to file PERM ( you get it in 50 days or earlier) & get 140 ( 2 months after LC) & therefater apply for 3 years H! B extn.
You will not have to go through H1B circus, if you & others support IV & atleast generate $$ which is really driving our effort other than core members.
Best of luck
You will not have to go through H1B circus, if you & others support IV & atleast generate $$ which is really driving our effort other than core members.
Best of luck
prapro
06-05 06:52 PM
I got RFE on my whole family’s pending I-485 applications
The REF description is “ There is a missing signature in page 4 of your application. The signature of the person who prepared your form I-485 is missing. Please have it signed by the preparer, Mr. ABC”.
I used software owned by company(Ex) to prepare these forms. And Mr. ABC is heads for immigration department in that company. I entered all the necessary info in that application and took print out for 485 form. Mr ABC details and company address printed in the 4th page of I-485 application(Part 5.Signature of person preparing form, if other than above.(sign below)) area.
Mr ABC did not put the signature there because he did not prepare the application and sent application to USCIS. My signature is there in applicant area(no problem).
We got RFE for missing preparer signature.
Now,
I contacted ex-company to get the signature on my I-485 application but he no longer working with them. Company immigration people are telling me that the signature in not required in that form.
I contacted Mr ABC for signature but I am not sure his signature is valid now on my I485 application.(because he is no longer working with them)
Finally I think the "prepared by signature" is not at all required because I entered all my information for my I-485.
I just lost ........ Any help on this issue will be greatly appreciated.
The REF description is “ There is a missing signature in page 4 of your application. The signature of the person who prepared your form I-485 is missing. Please have it signed by the preparer, Mr. ABC”.
I used software owned by company(Ex) to prepare these forms. And Mr. ABC is heads for immigration department in that company. I entered all the necessary info in that application and took print out for 485 form. Mr ABC details and company address printed in the 4th page of I-485 application(Part 5.Signature of person preparing form, if other than above.(sign below)) area.
Mr ABC did not put the signature there because he did not prepare the application and sent application to USCIS. My signature is there in applicant area(no problem).
We got RFE for missing preparer signature.
Now,
I contacted ex-company to get the signature on my I-485 application but he no longer working with them. Company immigration people are telling me that the signature in not required in that form.
I contacted Mr ABC for signature but I am not sure his signature is valid now on my I485 application.(because he is no longer working with them)
Finally I think the "prepared by signature" is not at all required because I entered all my information for my I-485.
I just lost ........ Any help on this issue will be greatly appreciated.
sodh
07-27 12:21 AM
Folks, let us concentrate on sending the output of all the good analysis done by various members to this person who it appears has a job to identify and recommend systemic fixes. It would be far more useful than sharing woes amongst ourselves in these b-boards.
If he could fix everything we would'nt be in trouble.
If he could fix everything we would'nt be in trouble.
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