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Saturday, July 2, 2011

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  • texcan
    09-14 09:41 AM
    I had my Labor go through without any issues. I haven't yet applied for 140.
    what would happen if I apply for F-1 visa to pursue my studies as full time student since F-1 is a non-immigrant visa and I have cleared my labor.

    I know I can't proceed with 140 since its a petition for immigrant status and my F-1 will be rejected. My question is does labor certification also affects F-1 visa application?

    Thanks in advance

    My wife switched from h4 to f1 status. you can do the same and status studies, assuming you have valid status/visa right now. Later you can get visa stamped.

    H visa is dual intent, and f is non-immigration. Since you already have h visa it will not be a trouble. This is from my experience and some of my friends.

    good luck .





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  • deardar
    04-20 11:33 AM
    I already have 3 yr approval Notice with me.
    Would it not be enuf for me to transfer my H1 to a new company ?





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  • morchu
    05-15 04:40 PM
    No issues, as long as the job/position is still available (waiting) for the primary applicant.
    if the primary applicant my spouse can take the extended leave on child care that is sanctioned by the employer





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  • mrdelhiite
    07-01 03:35 PM
    for 482 the 2 checks of 325 and 70 and one check of 180$ for I765 should be payble to 'Department of Homeland Security', or 'United States Citizenship and Immigration Service'

    The form says it should be payble to 'Department of Homeland Security' and the immigration voice 485 help thread says it should be payble to 'United States Citizenship and Immigration Service' .

    Please suggest and sorry if this si a repost. I could not find a exact answer.

    Thanks
    -M:confused:



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  • upuaut
    10-21 12:53 AM
    very sweet sir.





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  • gapala
    07-16 01:11 PM
    You must have applied 120 days in advance or many days in advance before old AP expiry. USCIS issues AP from the date it was approved so you tend to lose some months. I have heard some other members include a cover letter which says AP start date should be from date of expiry of old AP. Since you already got the document, I doubt you can do much about it. You may lose 2-3 months just trying send it back and requesting it to be corrected. I guess next time when you renew keep the cover letter in mind.

    Not necessarly true. Last time when I renewed the AP, it was approved from 2 days prior to intended travel date specified in the application for 1 year. I am not sure what can be done about this 9 months thing.. hopefully other members will pitch in with experience.



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  • perm2gc
    12-09 03:05 AM
    Hi,

    I am going to get married next week.

    I am a H-1b visa holder and I have applied for green card. I am waiting to get approval of I-140.

    I want to file the H-4 visa for my wife and I have couple questions :

    1) How difficult is to apply for H-4 ? Do I need a lawyer for that ?

    2) How will my new status effect my green card application ? Do I need to apply again for I-140 ?

    Thank you for your help.

    Andrea
    1. First time it is always good to approach thru an immigration attorney.

    2.No you don't have to.





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  • ramus
    06-07 11:56 AM
    Congrates.. I know you are happy and why not..



    Guys,
    I just wanted to share some good news. I had two approved LCs. One with PD EB3 ROW March 05 and the other with ROW EB3 March 06. I had already filed the I-140 for the March 06 but not for the March 05 one. That was because of the way the job requirement was worded in that LC. The attorney was not sure if it would be approved. Anyway since the earlier PD became current in June I decided to take a chance and file I-140 for that earlier PD LC with PP. And what do you know, it got approved today and that allowes me to file for AOS this month. It was a bit of a gamble with money but it worked!!! :cool:

    Lasantha



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  • vedicman
    08-10 08:32 AM
    H1B status alone shouldn't cause any problems for re-entry, that is just my opinion though.





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  • rvr_jcop
    02-18 10:29 PM
    hi,
    i have a question whether to use EAD or H1B? Initiallly i re-entered into usa after finishing my first 6yr term of H1B in June 05 on H1b. Later changed employer. New employer filed my GC using existing labor (EB3) in 2006 and also filed for i-140 & i-485 in oct 2007. so the transferred h1b is expiring on 06/2009. my ead expired in Oct 2008. I am thinking of renewing EAD than H1b which i am planning to file in this month (Feb, 2009).

    questions:
    1. If i go back to India in Mar 09 - Can I come back using EAD (Once its approved and someone sends my EAD & AP to India) as i haven't used EAD?
    2. my transfered H1b is expiring on Jun 09 and i don't want to go to Madras to stamp the transfered company's visa on my passport as i doubt to get it - the Consulate might ask me so many questions when its expiring in june why you want to go to usa for 3 or 4 months.
    3. The best bet - do i need to wait for my renewal of EAD & AP and then leave?

    Please let me know as my travel plans are dependent on this.

    thanks and appreciate your prompt response


    thank you.

    I would go with 3. Wait here until AP approved and then leave the country. I didnt hear good experiences with mailing AP out of country.



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  • solaris27
    12-05 11:45 AM
    Q1. should i file under "Spouse of U.S. citizen/resident alien" or "Dependent/spouse of a nonresident alien holding a U.S. visa".

    Dependent/spouse of a nonresident alien holding a U.S. visa


    Q2. what are the documents I need to submit with the W-7 form.
    IRS will accept certified or notarized copies of a combination (two or more) of the following documents, in lieu of a passport:

    National identification card (must show photo, name, current address, date of birth, and expiration date)
    U.S. driver's license
    Civil birth certificate
    Foreign driver's license
    U.S. state identification card
    Foreign voter's registration card
    U.S. military identification card
    Foreign military identification card
    Visa
    U.S. Citizenship and Immigration Services (USCIS) photo identification
    Medical records (dependents - under 14 years old only)
    School records (dependents and/or students - under 18 years old - only)


    Q3. is ITIN application only possible during tax return filing or I can apply and get the ITIN number early and then use it during my tax filing.


    No you need to send your federal return with W7 to below address and after processing ITIN they will fwd your federal return

    Internal Revenue Service
    Austin Service Center
    ITIN Operation
    P.O. Box 149342
    Austin, TX 78714-9342


    Q4. How much is the fee for the ITIN no.

    FREE





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  • eb3retro
    07-07 05:23 PM
    Guys,

    Need some urgent help. I just efiled my AP for myself, my spouse and my child and when I was done doing it, I noticed that it generated a notice number starting LINXXXXXXX. My problem is this - when I originally filed my I-485 last year during july fiasco, I was located in CA. But currently I am in Texas. That was the address that I input in the application too. But I am not sure why it generated a receipt # with LIN number. May be it was because of the question as to where my 485 is currently pending. The reason I am worried is because, when I filed my EAD exten (thru my lawyer), he had mentioned that he sent the EAD application wrongly to Nebraska instead of sending it to Texas (since I am in texas now), he made me re-do the application and sent it to texas and got me a SRC number for EAD extn. Now, do you think that I am in the right path? Do I need to send the supporting documents to Nebraska or Texas? Or is my AP application fees gone for good. Please help, as this is making me worried too much. Thanks.



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  • msadiqali
    01-07 08:22 PM
    Any help guys?





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  • psaxena
    01-14 02:16 PM
    While driving back , at POE the process is simple. Always show your AP before passport and they will let you in. Never show the passport before the AP.



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  • amitga
    11-17 07:25 PM
    It totally electronic.





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  • vayumahesh
    03-31 05:28 PM
    I have received an RFE on my I-485 application to provide a copy of birth certificate. However, I have submitted the birth certificate and affidavits from my parents when I filed for I-485.

    I am from India. Since the name is put after few months of birth, my name is not present in the birth certificate. I am not sure if the RFE is due to this. But all the (or most) people from India would be in the same zone, right (not having name in birth certificate) ?

    Is anyone in the same situation as me ? What kind of documents have you submitted for the birth certificate requirement ?

    Here is my RFE
    ==========
    The documentation submitted is not sufficient to warrant favorable consideration of your petetion/application.

    ....

    Submit a copy of your birth certificate showing your parentage, which has been registered with the proper civil authorities of the country of your birth.



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  • speddi
    03-27 04:24 PM
    This one is for a nutritional clinical trial. I dont see any risks in this. Thank you for the information.





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  • sri1309
    04-08 11:39 AM
    Reliable information from my friend's lawyer says that the cap for this year is NOT reached in the 1st one week. I think this means all applications filed in first week will be processed.
    Congratulations to all those who applied and hope their cases get approved





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  • immigal
    08-12 09:32 PM
    Please help.
    I entered US on H1B status. After entering on H1b, I switched job using EAD.

    I am e-filing I-765 form and am stuck at the Current Immi status question.

    Manner of Last Entry into the U.S.: H1B
    What will be my CURRENT IMMIGRATION STATUS: ? :confused:

    1.
    Should I select PAR:PAROLEE or H1B: as some of the older post suggest here?

    THank you for your help!





    munnu77
    04-29 08:50 PM
    Gurus Pls help

    I was with Company A whn I got married which had my visa and I 94 till Nov 08,2006. My wife wnt to consul. and got her visa and I-94 till same date.
    I came back to US alone and changed to company B in July 06 and got my I-94 till 2009. Since my wife came to USA after that she didnt get her xtension.
    i forgot to file for her xtension.
    I had to agn change the company C in Dec 06. Thats whn i realised her I-94 expired in Nov. I applied for her I 539. But it wasnt approved by INS.
    I have decided to send her back before 180 days, because if she crosses 180 days, it can be a 3 yr ban.
    She will have to go back to consulate now now for visa stamping. Will she have a problem?

    Thank u





    pnara2
    02-27 01:13 PM
    I know this because one of my close friend went all the way to california to renew his driving license because his university was located in that state! He had given his relatives mailing address too. So that confirms that you will be the resident of the state where your university is located if you are on F1!

    However, if you are on OPT/CPT and working in another state, I am not sure! Please check with any attorney! Maybe, try posting in their forums and see if you can get this clarified!

    It is totally a different scenario for H1B ofcourse!


    All the best!



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