
leoindiano
07-15 11:27 AM
I have nov 2004 PD. I have the same problem. USCIS received my app on aug 3rd. But notice date is oct 11. From , i see that these dates doesnt matter as long as your PD is current. So, i didnt bother to contact USCIS.
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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.
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.

crazyghoda
06-04 11:17 AM
I'd do the reverse. I am currently working on EAD so I dont want any issues with being without an EAD for even a day. I'd apply exactly at the 120 day mark. Even if I lose some valdity, its ok.
As far as AP is concerned, I dont mind if it comes a bit later or even after the previous one has expired.
3-4 days. These days they are fast on approvals. Best thing is to apply AP within 120 days range and apply EAD when 100 days away from expiry. Atleast you will get 2 years EAD and dont need to pay again.
As far as AP is concerned, I dont mind if it comes a bit later or even after the previous one has expired.
3-4 days. These days they are fast on approvals. Best thing is to apply AP within 120 days range and apply EAD when 100 days away from expiry. Atleast you will get 2 years EAD and dont need to pay again.
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sathishav
05-12 05:39 PM
u can file but u have to join the petition filing employer once u get GC or otherwise it will be fraud.
smuggymba nailed it. If you never worked for your GC emp its fraud and will create issues during Naturalization.
smuggymba nailed it. If you never worked for your GC emp its fraud and will create issues during Naturalization.
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baburob2
04-29 10:40 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
Why don't you apply your H1B in premium rather. Strictly speaking she has have gone out of status. But at the worst case, the USCIS will just approve her I-539 as non extension of status (which means she doesn't get a new I-94 with the extension and rather just gets a H4 approval and would be asked to go to the home consulate for visa stamping and reentry.) . Hence my bet would be to wait for her I-539 approval and then make the decision. But most likely her I-539 extension of status would be just approved (ie she would get a new I-94 with new extension date ) and she doesn't have to travel back to the consulate.
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
Why don't you apply your H1B in premium rather. Strictly speaking she has have gone out of status. But at the worst case, the USCIS will just approve her I-539 as non extension of status (which means she doesn't get a new I-94 with the extension and rather just gets a H4 approval and would be asked to go to the home consulate for visa stamping and reentry.) . Hence my bet would be to wait for her I-539 approval and then make the decision. But most likely her I-539 extension of status would be just approved (ie she would get a new I-94 with new extension date ) and she doesn't have to travel back to the consulate.
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Overstay
04-25 10:32 PM
hi, first, I'm not trolling. I have a genuine question and I'm looking for answers seriously. I got laid off in 2009 while on a h1b and then for one reason or another, stayed back for 8 months. My understanding was that I could have gotten a new job within 6 months and then switched over my h1b. I was foolish. My I-94 on the h1b approval letter however had an expiration date of October 2011. By the time 8 months had gone by, I decided it was time to give up hope and return to my country.
Since I've been here, my parents have started a campaign to get me a bride. Arranged marriages are part of my culture, and people marry based on how good a match it is according to one's birthchart. If I do find a USC who is willng too marry me, will it help me in any way immigration wise? Or will my 8 months out of status stay in USA chase me for the rest of my life?
Since I've been here, my parents have started a campaign to get me a bride. Arranged marriages are part of my culture, and people marry based on how good a match it is according to one's birthchart. If I do find a USC who is willng too marry me, will it help me in any way immigration wise? Or will my 8 months out of status stay in USA chase me for the rest of my life?
more...

sunnyark1
02-18 10:52 AM
Dear Attorneys, fellow forum members:
My situation is as follows:
I am currently working for a 3rd party Indian consulting firm (Company A). They are in possession of my H-1B visa. I came out of a project on January 29th (2 weeks back). My new project starts on Feb 25th. As I am paid on an hourly basis, I am not paid while I am on bench. As a result I don't have a pay stub for a period of 3 weeks.
Will this be a big problem in the future in terms of Green card processing?
The next question is:
In the time I have been on bench, I was interviewing with other companies as well and now I have a direct full time job offer from Company B (not through any consultant). This is an ideal situation in my opinion as my visa is held directly held with the employer under whom I work. Company B has started the process of filing for my H-1B transfer. It says it will take 8 to 10 days for the transfer to complete. Is this true? Also, can I start working for Company B before my visa is transferred or should I wait for the transfer to complete and keep working on the new project I have with Company A in the meantime (see above)?
I appreciate your help and feedback in this regard, as I don't know much about the legal process.
Thank you!
My situation is as follows:
I am currently working for a 3rd party Indian consulting firm (Company A). They are in possession of my H-1B visa. I came out of a project on January 29th (2 weeks back). My new project starts on Feb 25th. As I am paid on an hourly basis, I am not paid while I am on bench. As a result I don't have a pay stub for a period of 3 weeks.
Will this be a big problem in the future in terms of Green card processing?
The next question is:
In the time I have been on bench, I was interviewing with other companies as well and now I have a direct full time job offer from Company B (not through any consultant). This is an ideal situation in my opinion as my visa is held directly held with the employer under whom I work. Company B has started the process of filing for my H-1B transfer. It says it will take 8 to 10 days for the transfer to complete. Is this true? Also, can I start working for Company B before my visa is transferred or should I wait for the transfer to complete and keep working on the new project I have with Company A in the meantime (see above)?
I appreciate your help and feedback in this regard, as I don't know much about the legal process.
Thank you!
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learning01
04-13 09:42 PM
It is a sophisticated game and the stakes are huge. I am reminded of a game in a James Bond movie, in which 007 Roger Moore plays against a villain in a high tech game. Imagine something like that but a thousand times more intense. The existing immigration policy from 1965 is crafted by none other than Sen.Ted Kennedy; yes, the present MA Senator. I have high hopes that he and the Dems will also get it right this time on Apr 24th.
I personally suspect the present day republicans except President G.W.Bush. If a CIL passes, the republicans are to gain more and Americans will gain the most. Period.
These attitudes of self doesn't affect me in my objective and scientific thinking and analysis of issues and my posts, which are done on a case by case basis.
***** vs. *****. Politics is really nasty.
I personally suspect the present day republicans except President G.W.Bush. If a CIL passes, the republicans are to gain more and Americans will gain the most. Period.
These attitudes of self doesn't affect me in my objective and scientific thinking and analysis of issues and my posts, which are done on a case by case basis.
***** vs. *****. Politics is really nasty.
more...
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bsnf
02-18 08:04 PM
Does anyone know if I require a transit visa if traveling to India via Canada by Lufthansa.
I have a AP, used to have a Canadian visit visa which expired in Dec 2010.
I have traveled on AP via Dubai using United and did not have a issue.
I am traveling next weekend, I will appreciate your reply.
I have a AP, used to have a Canadian visit visa which expired in Dec 2010.
I have traveled on AP via Dubai using United and did not have a issue.
I am traveling next weekend, I will appreciate your reply.
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solaris27
08-03 04:20 PM
its not required , you can update and keep it with you .
provide if they ask any document only.
provide if they ask any document only.
more...
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blacktongue
11-01 01:35 PM
I heard that only applicants who are current are considered as backlogged - is this true?
Applicants who are not current - which statistical group do they belong to?
You are correct. Is USCIS definition to show less numbers on their graphs.
Applicants who are not current - which statistical group do they belong to?
You are correct. Is USCIS definition to show less numbers on their graphs.
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reddymjm
05-12 09:33 AM
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seekinggc
06-19 01:53 PM
Please reply.
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kriskris
12-02 10:43 PM
Why would one get a LUD on an OLD h1 with no LUD on anything else?
Just got CRIS email/LUD (no status change) on an old h1b that had no status change since Oct 2004. No LUD on the I140/485 or anything else. Only thing that makes sense to me is that my H1b is about to expire on dec 10 so maybe it has to do with that?
Anyone else have a similar experience. it's a little nerve wrecking.
Even I had a soft LUD on my old H1 which was expired and was approved way back in May 2004.
Just got CRIS email/LUD (no status change) on an old h1b that had no status change since Oct 2004. No LUD on the I140/485 or anything else. Only thing that makes sense to me is that my H1b is about to expire on dec 10 so maybe it has to do with that?
Anyone else have a similar experience. it's a little nerve wrecking.
Even I had a soft LUD on my old H1 which was expired and was approved way back in May 2004.
more...
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ImmiUser
11-30 05:17 PM
Hi,
I am a Doctor and working on EAD. I have a dependent EAD through my husband and PD is June 2002 EB3. As I am eligible to file under EB2, therfore just wanted to know if it is feasible to start my own GC processing under EB2 while working on EAD which was filed under EB3 category ? If its feasible to file another GC then would like to get further clarifications on below few points
1) Would I be able to port my old priority dates (June-2002) or do I have to file altogether a new application ?
2) Could there be any intruption to my current EAD or to my husband's EAD by filing a new GC application ?
3) If I won't be able to port old EB3 priority dates, is it still adviseable to file new GC application under EB2 ?
I am a Doctor and working on EAD. I have a dependent EAD through my husband and PD is June 2002 EB3. As I am eligible to file under EB2, therfore just wanted to know if it is feasible to start my own GC processing under EB2 while working on EAD which was filed under EB3 category ? If its feasible to file another GC then would like to get further clarifications on below few points
1) Would I be able to port my old priority dates (June-2002) or do I have to file altogether a new application ?
2) Could there be any intruption to my current EAD or to my husband's EAD by filing a new GC application ?
3) If I won't be able to port old EB3 priority dates, is it still adviseable to file new GC application under EB2 ?
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Hyperized
06-20 09:36 PM
haha, great story on how it all just worked :P
Are you sure someone didn't plant those oranges for you to find?
Yeah pretty much, they were all over the place :P
Are you sure someone didn't plant those oranges for you to find?
Yeah pretty much, they were all over the place :P
more...
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lotsofspace
01-03 11:34 AM
Only 9 so far ? I had expected more !!!
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Blog Feeds
07-29 05:30 PM
It has become quite a hassle to obtain a California state driver's license or state identification card ("ID") when you are a non-immigrant such as in F, M, or J status (students, students in vocational schools, cultural exchange students). Recently Immigration Customs and Enforcement issued a fact sheet on applying for a driver's license or ID card for non immigrants in F, M or J status. (http://www.californiaimmigrationlawyerblog.com/Applying%20for%20a%20Driver%27s%20License.pdf). The fact sheet is helpful as it provides basic information on how to apply for a driver's license or ID card. It is not state specific but it does list all of the websites for all of the Department of Motor Vehicle offices in the United States.
The steps in applying for a driver's license or ID card in California are listed on the California Department of Motor Vehicles website (http://www.dmv.ca.gov/dl/checklists/id.htm). You must do the following in this order:
Obtain a Social Security number
Complete a Driver License or Identification Card Application
Present an acceptable birth date/legal presence document
Pay the application fee
In order to obtain a Social Security number, you must go to a local Social Security office. You may find out more about the process on the Social Security Administration's website (http://www.ssa.gov/ssnumber/). For those in F, M, and J status, you will find additional guidance by reviewing Social Security's electronic fact sheet, "Social Security numbers for non-citizens. (http://www.ssa.gov/pubs/10096.html#3)"
The fact sheet issued by ICE is useful because it provides an email address to use in case the DMV does not issue the driver's license or identification card. It has been difficult in the past to get the immigration authorities to communicate with the DMV about a person's immigration status. In the fact sheet, ICE promises a one-to-two day turn around once they receive a request for information as to why a student's ID or driver's license was not issued. This is great news as students have suffered a great deal of frustration in the past waiting for the agencies to communicate with one another.
More... (http://www.californiaimmigrationlawyerblog.com/2009/07/how_to_apply_for_a_california_1.html)
The steps in applying for a driver's license or ID card in California are listed on the California Department of Motor Vehicles website (http://www.dmv.ca.gov/dl/checklists/id.htm). You must do the following in this order:
Obtain a Social Security number
Complete a Driver License or Identification Card Application
Present an acceptable birth date/legal presence document
Pay the application fee
In order to obtain a Social Security number, you must go to a local Social Security office. You may find out more about the process on the Social Security Administration's website (http://www.ssa.gov/ssnumber/). For those in F, M, and J status, you will find additional guidance by reviewing Social Security's electronic fact sheet, "Social Security numbers for non-citizens. (http://www.ssa.gov/pubs/10096.html#3)"
The fact sheet issued by ICE is useful because it provides an email address to use in case the DMV does not issue the driver's license or identification card. It has been difficult in the past to get the immigration authorities to communicate with the DMV about a person's immigration status. In the fact sheet, ICE promises a one-to-two day turn around once they receive a request for information as to why a student's ID or driver's license was not issued. This is great news as students have suffered a great deal of frustration in the past waiting for the agencies to communicate with one another.
More... (http://www.californiaimmigrationlawyerblog.com/2009/07/how_to_apply_for_a_california_1.html)
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wandmaker
11-13 12:56 PM
I don't think walking in with 485 receipt will work. Call USCIS 800 number and check the status of FP notice, if required open a service request. I'm a july 2 filer, did not receive notice till 10/10 - I called on 10/12 the CSR told me that my FP notice is schedule to be printed and waiting for an appointment with local ASC. In a week time, I received a FP notice, and gonna for FP end of this month. Hope this helps
Hi Saroj,
Thanks for the info. I have not got FP notice and it has been over 4 months from I-485 receipt date. Do you think ASC will entertain FP request if I just walk in with I-485 receipt?
SJ
Hi Saroj,
Thanks for the info. I have not got FP notice and it has been over 4 months from I-485 receipt date. Do you think ASC will entertain FP request if I just walk in with I-485 receipt?
SJ
japs19
08-22 12:03 PM
:) Thanks.
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12-08 08:06 PM
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