Dhundhun
09-10 06:22 PM
Folks,
I got a RFE asking for a copy of birth certificate and bio info. I had sent my BC and bio info before while applying for 485 last august. I was hurrying up my lawyer to send the response as soon as possible.
My lawyer emailed me that since there is a spelling difference in the way my name is shown in my BC and in all other docs, I will be subject to additional security checks and there is no point in hurrying. Is this true or is my lawyer using this as a delay tactic ?
My name in my BC ends with .......iam and in all other docs ends with .....iyan. Should this cause a problem ?
Please share your thoughts and help me.
Lawyers can usually justfy some minor spelling mistakes and answer to RFE. Usually USCIS accepts BC name.
Based on inputs from my lawyer, there is some delay if such descrepency is there - he said that he can reply to such RFE and apart from delay there is no other issue.
I got a RFE asking for a copy of birth certificate and bio info. I had sent my BC and bio info before while applying for 485 last august. I was hurrying up my lawyer to send the response as soon as possible.
My lawyer emailed me that since there is a spelling difference in the way my name is shown in my BC and in all other docs, I will be subject to additional security checks and there is no point in hurrying. Is this true or is my lawyer using this as a delay tactic ?
My name in my BC ends with .......iam and in all other docs ends with .....iyan. Should this cause a problem ?
Please share your thoughts and help me.
Lawyers can usually justfy some minor spelling mistakes and answer to RFE. Usually USCIS accepts BC name.
Based on inputs from my lawyer, there is some delay if such descrepency is there - he said that he can reply to such RFE and apart from delay there is no other issue.
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tanu_75
03-05 03:28 AM
Hi,
I have been filed in EB2 with a priority date of Feb 26 2007.
What you guys think about the possibility of my PD getting current this year?
I know that it needs a crystal ball to predict such horrendun things like PD movement, but I am just trying to get a poll on the general feeling about the spillover this year.
Thanks in advance.
You can check out the EB3-EB2 calculations thread. You have a decent chance of getting your GC by September 2011 based on the predictions there.
I have been filed in EB2 with a priority date of Feb 26 2007.
What you guys think about the possibility of my PD getting current this year?
I know that it needs a crystal ball to predict such horrendun things like PD movement, but I am just trying to get a poll on the general feeling about the spillover this year.
Thanks in advance.
You can check out the EB3-EB2 calculations thread. You have a decent chance of getting your GC by September 2011 based on the predictions there.
eagerr2i
10-07 09:18 AM
I looked hard at both the print and online but could not locate the WSJ article you are talking about. Do you have the URL?
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Blog Feeds
07-27 03:40 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)
more...
madhuri_sri
10-03 12:34 PM
Hello All,
I have applied for my 485 in July 2007 and I have received receipt notice for 485 application as well. I also got the appointmnet for FP. I moved to a new location and address has chaged now. If I update my address in USCIS, What are the consequences?
I still have access to the mail in my old address as my friend lives there.
Please suggest.
Thanks!!
I have applied for my 485 in July 2007 and I have received receipt notice for 485 application as well. I also got the appointmnet for FP. I moved to a new location and address has chaged now. If I update my address in USCIS, What are the consequences?
I still have access to the mail in my old address as my friend lives there.
Please suggest.
Thanks!!
prinive
03-27 05:25 PM
If he is working as a programmer analyst on H1B visa, he will be drawing more than the required $$$$ to claim the medicare. But why ....
more...
sweet_jungle
11-13 12:54 AM
Yes, I just did that last month. I went to take my FP a week before my actual appointment date. I just walked in on Saturday morning. They were nice and helpful. But I did take my 485 Notice and FP Notice, you do need that. Mine was done in St. Paul, Minnesota service center.
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
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pd_recapturing
06-14 09:35 AM
Hi guys, I have a unique situation, thanks to july visa bulletin. I have a EB3 labor and I 140 approved with the PD as May 2004. Recently I applied EB2 PERM in order to port the PD from EB3 to EB2. My EB2 perm is approved now. Now, I am in dilemma to choose between EB2 and EB3. I can apply EB2 I 140 and I 485 concurrently (by assuming that they will port the PD) or I can apply I485 (for previously approved EB3). Please suggest as to what route I should take.
more...
We_will_get_GC
10-13 11:48 AM
I am in too.
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whattodo21
04-26 03:26 PM
Currently on H4 and validity expires on 09/23/2010. Can be applied for extension when principal applicants H1B is being extended(from his company), but since I have my H1B case filed with USCIS, will it create any conflict if I apply for H4 extension now? (ideally for 7 days (23rd sept to 30th sept) !! 'coz if approved, H1B status becomes valid from Oct 1st, right? )
Also, is there any rule which states that, when a case is pending with USCIS, legally you are not supposed to leave the country?
Thanks in advance,
Sabitha
your question is that you are on h4 and have applied for H1. Your h4 will expire in sept.
If your h1b is approved, your h4 extension will be invalidated.... i think. check with the lawyer though
Also, is there any rule which states that, when a case is pending with USCIS, legally you are not supposed to leave the country?
Thanks in advance,
Sabitha
your question is that you are on h4 and have applied for H1. Your h4 will expire in sept.
If your h1b is approved, your h4 extension will be invalidated.... i think. check with the lawyer though
more...
h1bwala
04-26 10:28 PM
Are you trying to come back. Why didnt you try to get back the salary when you were in US?
Is it not possible now ? I think it should be ....
Is it not possible now ? I think it should be ....
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sukhyani
10-04 03:40 PM
My understanding is that USCIS pre-adjudicates every application and requests fingerprint/namecheck, even if the dates are not current. It is done to weed out denials right away - you don't need to wait for PD to become current to be denied.
So that means they are just going to pre-adjudicate his application and issue him his GC once the Visa numbers become current?
I was in this impression that they would start processing an application only when the PD of that application becomes current and hence the six months or more lead time.
So that means they are just going to pre-adjudicate his application and issue him his GC once the Visa numbers become current?
I was in this impression that they would start processing an application only when the PD of that application becomes current and hence the six months or more lead time.
more...
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GCWhru
09-21 09:19 PM
Case received and Pending is a usual status when case is pending.
Sometimes status still remains pending even after case is processed. Also it doesn't mean that you should receive approval since your processing date is with in normal processing time, it may take one or two months more too.
Sometimes status still remains pending even after case is processed. Also it doesn't mean that you should receive approval since your processing date is with in normal processing time, it may take one or two months more too.
tattoo 2011 Rick Rossovich …
pthooran
09-04 10:07 PM
Amit,
I have planned to cancel my appointment and go to India for stamping. Did you get a refun on your Scotia bank reciept. If so please let me know so I can also work on getting a refund. Where in India did you go for your interview?
Thanks
I have planned to cancel my appointment and go to India for stamping. Did you get a refun on your Scotia bank reciept. If so please let me know so I can also work on getting a refund. Where in India did you go for your interview?
Thanks
more...
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SageDad
03-16 06:50 AM
Hi to all,
I met with a potential client who is an illegal immigrant living in the US. She has a child who is a US citizen. The father was voluntarily deported and the mother gave him permission to take the child back to their home country to visit the grandparents. The father was supposed to make sure the child returned to the US within 3 months. It has been 6 months. If my client files an application under the Hague Convention on the Civil Aspects of International Child Abduction, will the US Government begin deportation proceedings?
She should file the Hague application. Her immigration status should not be an issue. This link can give you more information:
International Family Law: Hague Abduction Convention and Immigration Status (http://www.internationalfamilylawfirm.com/2009/03/hague-abduction-convention-and.html)
I met with a potential client who is an illegal immigrant living in the US. She has a child who is a US citizen. The father was voluntarily deported and the mother gave him permission to take the child back to their home country to visit the grandparents. The father was supposed to make sure the child returned to the US within 3 months. It has been 6 months. If my client files an application under the Hague Convention on the Civil Aspects of International Child Abduction, will the US Government begin deportation proceedings?
She should file the Hague application. Her immigration status should not be an issue. This link can give you more information:
International Family Law: Hague Abduction Convention and Immigration Status (http://www.internationalfamilylawfirm.com/2009/03/hague-abduction-convention-and.html)
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nozerd
01-19 03:34 PM
Date when LC is filed if its in a category where LC is required. If its NIW or Scheduled A then PD is date I 140 is filed.
more...
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prince_waiting
09-11 12:58 PM
Given the general apathy and hatred towards the term 'H1B' most anti immigrant groups after the rally are likely to come up with headlines/captions for their stories such as 'H1B Temporary workers rally in Washington' and so on. During the flower campaign I happened to come across such a headline on steireport.com, 'H1B workers in flowery protest' or something on similar lines. These anti immigrant groups deliberately downplay the term 'High Skilled Immigrants'.
Since most of us have filed for AOS under the revised August visa bulletin we are termed as Adjustees. As we all know adjustees can stay in this country without a visa under the protection of the Attorney General of the United States. Also we are aware of that adjustees are given EAD to work and AP to travel in and out of the country which are special rights till their case is decided. I think we should highlight this point if we come up across forums/interviews which use the 'H1B workers' stick to beat down our rights as 'Adjustees under the protection of the Attorney General of the US'.
Just a thought I wanted to share it with this community. If not found relevant to the cause please feel free to delete this post.
Since most of us have filed for AOS under the revised August visa bulletin we are termed as Adjustees. As we all know adjustees can stay in this country without a visa under the protection of the Attorney General of the United States. Also we are aware of that adjustees are given EAD to work and AP to travel in and out of the country which are special rights till their case is decided. I think we should highlight this point if we come up across forums/interviews which use the 'H1B workers' stick to beat down our rights as 'Adjustees under the protection of the Attorney General of the US'.
Just a thought I wanted to share it with this community. If not found relevant to the cause please feel free to delete this post.
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new_horizon
04-06 02:08 PM
I think it should be fine as long as the visa page is not tampered or damaged, and the electronic information can be read. Also since she has a new pp, it should not be a problem. She should carry both the old and new pp with her.
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Rb_newsletter
05-04 06:51 PM
I am not a lawyer, so make sure do discuss with a good lawyer. I am just sharing the info that I know.
US labor laws are good that no organization can stop an employee from joining any organization/company. Even if your company made you to sign a agreement, that doesn't hold in front of the law. This law could vary little from state to state, but not to great extent.
If you are receiving calls and emails from your employer, I would suggest, change the phone number, apartment/house, etc. and ignore him. But you should know that at 140 stage you need experience letter from employer. Make sure you can get it from your colleagues. Or you must cut a deal with your ex-employer now.
US labor laws are good that no organization can stop an employee from joining any organization/company. Even if your company made you to sign a agreement, that doesn't hold in front of the law. This law could vary little from state to state, but not to great extent.
If you are receiving calls and emails from your employer, I would suggest, change the phone number, apartment/house, etc. and ignore him. But you should know that at 140 stage you need experience letter from employer. Make sure you can get it from your colleagues. Or you must cut a deal with your ex-employer now.
Blog Feeds
06-10 06:40 PM
H1B Visa Lawyer Blog Has Just Posted the Following:
The United States Citizenship and Immigration Service (USCIS) is seeking public comment on a proposed federal rule (http://www.federalregister.gov/OFRUpload/OFRData/2010-13991_PI.pdf) that would adjust most fees by 10% for immigration benefit applications and petitions.
USCIS is a fee-based organization with about 90% of its budget coming from fees paid by applicants and petitioners to obtain immigration benefits. The law requires USCIS to conduct fee reviews every two years to determine whether its costs to administer the nation�s immigration laws, process application, and provide the infrastructure needed to support those activities. A fee adjustment, as detailed in the proposed rule, is necessary to ensure that the USCIS recovers the cost of their operations while also meeting the application processing goals identified in the 2007 fee rule.
Members of the public are encouraged to submit comments and/or suggestions to USCIS.
Comments may be submitted through regulations.gov (http://www.regulations.gov/search/Regs/home.html#home). The comment period runs for 45 days, beginning June 11, 2010 and ending July 26, 2010.
Proposal to Adjust Fees for Immigration Benefits: Questions and Answers (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a36b3d5d65919210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
Proposal to Adjust Fees for Immigration Benefits: Fact Sheet (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=269d3d5d65919210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
Current and Proposed Immigration Fees can be found on the Fact Sheet provided above.
***All information has been taken from USCIS.GOV
More... (http://www.h1bvisalawyerblog.com/2010/06/news_release_uscis_seeks_publi.html)
The United States Citizenship and Immigration Service (USCIS) is seeking public comment on a proposed federal rule (http://www.federalregister.gov/OFRUpload/OFRData/2010-13991_PI.pdf) that would adjust most fees by 10% for immigration benefit applications and petitions.
USCIS is a fee-based organization with about 90% of its budget coming from fees paid by applicants and petitioners to obtain immigration benefits. The law requires USCIS to conduct fee reviews every two years to determine whether its costs to administer the nation�s immigration laws, process application, and provide the infrastructure needed to support those activities. A fee adjustment, as detailed in the proposed rule, is necessary to ensure that the USCIS recovers the cost of their operations while also meeting the application processing goals identified in the 2007 fee rule.
Members of the public are encouraged to submit comments and/or suggestions to USCIS.
Comments may be submitted through regulations.gov (http://www.regulations.gov/search/Regs/home.html#home). The comment period runs for 45 days, beginning June 11, 2010 and ending July 26, 2010.
Proposal to Adjust Fees for Immigration Benefits: Questions and Answers (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a36b3d5d65919210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
Proposal to Adjust Fees for Immigration Benefits: Fact Sheet (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=269d3d5d65919210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
Current and Proposed Immigration Fees can be found on the Fact Sheet provided above.
***All information has been taken from USCIS.GOV
More... (http://www.h1bvisalawyerblog.com/2010/06/news_release_uscis_seeks_publi.html)
crao_a
06-26 10:30 AM
Thank you all for your valuable suggestions...
My attorney sent a letter with approved I-140 copy to reconsider the decission on I-485. No change in the status online so far (3 days passed). I will wait for another week and apply MTRs for me and my wife.
Thanks,
crao
My attorney sent a letter with approved I-140 copy to reconsider the decission on I-485. No change in the status online so far (3 days passed). I will wait for another week and apply MTRs for me and my wife.
Thanks,
crao
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