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bekugc
03-31 11:33 AM
previously when entering on AP, they used to ask for receipt of 485.
so main proof they look for is a valid 'inprogress' 485 appln.
i dont think theyll ask ur wife to show her EAD card at the port of entry.
to be safe, give her a cpy of 485 reciept, a copy of the receipt for the new EAD, and carry the old ead card. i think u shud be fine.
having valid , nonlapsed EAD cards is probably only imp for those who are USING the ead. if ur wife is not working and if her ead arrves few weeks late, it wont matter as long as u have applied for its renewal and have proof of it.
this shud be an easy qn for ur attorney.
so main proof they look for is a valid 'inprogress' 485 appln.
i dont think theyll ask ur wife to show her EAD card at the port of entry.
to be safe, give her a cpy of 485 reciept, a copy of the receipt for the new EAD, and carry the old ead card. i think u shud be fine.
having valid , nonlapsed EAD cards is probably only imp for those who are USING the ead. if ur wife is not working and if her ead arrves few weeks late, it wont matter as long as u have applied for its renewal and have proof of it.
this shud be an easy qn for ur attorney.
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nik.patelc
11-11 07:57 PM
Need advise from someone who renewed Indian passport by mail at the San Francisco Indian Consulate.
My wife filled the application online and is ready to mail it, but there are questions regarding the supporting docs.
1)Proof of Residence:CGISF website shows applicable docs as Driving license or PG&E, Water or landline telephone bill displaying applicant�s address or
House Lease Agreement.
However in my wife's case, her name is not on any of the utility bills mentioned above and her Driving license has the old address.
Can we use the HUD-1 closing statement or home title as proof. Or can we use a insurance bill for this purpose? If not, please advise on other options.
2)Notarizing:I understand photo copies of any docs that I sent needs to be notarized.
Is there anything else that needs to be notarized?Your website says that "If applying by mail, Photocopy of all supporting documents including Photo should be notarized and attached to the application".
Do I need to notarize both the photos from page 1 and page 4? Please clarify.
I notorized my wife picture attached to gas utility bill as proof of residence. it was accpeted and my wife's passport was renewed without any trouble. Suggest to send a copy of her driving license.
My wife filled the application online and is ready to mail it, but there are questions regarding the supporting docs.
1)Proof of Residence:CGISF website shows applicable docs as Driving license or PG&E, Water or landline telephone bill displaying applicant�s address or
House Lease Agreement.
However in my wife's case, her name is not on any of the utility bills mentioned above and her Driving license has the old address.
Can we use the HUD-1 closing statement or home title as proof. Or can we use a insurance bill for this purpose? If not, please advise on other options.
2)Notarizing:I understand photo copies of any docs that I sent needs to be notarized.
Is there anything else that needs to be notarized?Your website says that "If applying by mail, Photocopy of all supporting documents including Photo should be notarized and attached to the application".
Do I need to notarize both the photos from page 1 and page 4? Please clarify.
I notorized my wife picture attached to gas utility bill as proof of residence. it was accpeted and my wife's passport was renewed without any trouble. Suggest to send a copy of her driving license.
misfortune13
03-16 08:49 PM
I love joining to this forum
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sukhyani
03-05 02:04 PM
copy of current employment letter and future job offer...Does this has to be with same company...OR...
Can Current letter be from new Co.(u switced to using AC21) and Future Employment offer leeter has to be from teh Orig Spnsoring Employer???
My I140 sponsor is not my current employer. That's why I had to furnish both current employment letter and future employment offer letter. I have not changed employer as yet though.
If you invoked AC21, I believe you are right, you would have to furnish employment letter from your current employer and offer letter from the orig sponsoring petitioner.
Can Current letter be from new Co.(u switced to using AC21) and Future Employment offer leeter has to be from teh Orig Spnsoring Employer???
My I140 sponsor is not my current employer. That's why I had to furnish both current employment letter and future employment offer letter. I have not changed employer as yet though.
If you invoked AC21, I believe you are right, you would have to furnish employment letter from your current employer and offer letter from the orig sponsoring petitioner.
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yabadaba
10-17 01:25 PM
u should just do a walk in and see. i did a walk in with my wife and the guard did not even look for the date. just walk in and see what happens.. dont say u r there to prepone...if they see the date at that time..request/beg them based on ur circumstances.
Pallavi79
02-15 09:28 AM
<quote>In light of the bill that has been passed which doesnot allow forfresh H-1 B as well as H-1 B renewals</quote>
there is no such law. I understand now a days frequent RFEs. But you can take it easy as long as you have job.
there is no such law. I understand now a days frequent RFEs. But you can take it easy as long as you have job.
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anukcs
02-17 09:06 PM
I got fingerprinting notices for both me and my wife within couple of days. I received mine today. For both of us it is scheduled on 3rd March.
Regards,
Regards,
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posmd
03-21 05:11 PM
Would appreciate you updating this thread once you find out.
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gcmaya
10-30 09:59 AM
Thanks!
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kshitijnt
05-05 12:38 AM
This is regarding status, if GC or CITIZEN there should not be any problem. If its H1B visa, then it should have validity. Means H1B visa should not have expired. I heard this story from my brother in law and in fact travel agents know this and they themselves advice on this. Those with expired H1B visa cannot travel through EUROPE. So my brother in law went to India through middle east.
CHECK OUT BASED ON YOUR STATUS.
Thanks
Rangan
This is not true. If you have AP, no problem. My wife was traveling in Dec-08 with no visa stamp in passport. No body checked for it, either in US or germany and no one asked for any transit visa or even AP.
CHECK OUT BASED ON YOUR STATUS.
Thanks
Rangan
This is not true. If you have AP, no problem. My wife was traveling in Dec-08 with no visa stamp in passport. No body checked for it, either in US or germany and no one asked for any transit visa or even AP.
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Lasantha
04-01 05:46 PM
I agree 100%
In simple words..
Trying to game the internal processing of USCIS case handling is like trying to guess the weather based on daily horoscope... ! No way attorney can know that.. only reason they probably want to wait is some ulterior motive such as company trying to hold onto the employee or attorny looking for extra fees.. absent that.. I would be worried coz then that would mean attorny is incompetent and does not know which end is up..
Here's what we do know
I485 filing provides MAJOR benefits.
140 processing can go on for year or so and meanwhile a lot can change in terms of Priority dates etc.
485 filing does not begin 485 processing if 140 is pending.. that's in USCIS memos.. only same office will handle 485 so in fact it is better! coz once you get past 140.. you are home free.. as opposed to other cases where 140 evidence is being re-checked at the time of 485 approval..
So GO AHEAD file concurrently..
In simple words..
Trying to game the internal processing of USCIS case handling is like trying to guess the weather based on daily horoscope... ! No way attorney can know that.. only reason they probably want to wait is some ulterior motive such as company trying to hold onto the employee or attorny looking for extra fees.. absent that.. I would be worried coz then that would mean attorny is incompetent and does not know which end is up..
Here's what we do know
I485 filing provides MAJOR benefits.
140 processing can go on for year or so and meanwhile a lot can change in terms of Priority dates etc.
485 filing does not begin 485 processing if 140 is pending.. that's in USCIS memos.. only same office will handle 485 so in fact it is better! coz once you get past 140.. you are home free.. as opposed to other cases where 140 evidence is being re-checked at the time of 485 approval..
So GO AHEAD file concurrently..
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onemorecame
02-15 10:18 AM
In case one is using EAD and 485 rejected for some reason. you have 180 days to safe guard one self.
please check other threads for detailed responses.
Good luck
I checked other thread but unable to find the related information.
Please let us know if you read above thing from some authenticated place. �That we have time to safeguard over self if I485 denied, if yes then what is the way?�
Thanks
please check other threads for detailed responses.
Good luck
I checked other thread but unable to find the related information.
Please let us know if you read above thing from some authenticated place. �That we have time to safeguard over self if I485 denied, if yes then what is the way?�
Thanks
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07-16 09:12 PM
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alexmat01
01-14 01:29 AM
Thanks again.
I guess amending would be a far cheaper option than filing for a new visa , so that I can get a fresh approval.
Also could you tell me if telling them that the opportunities company wanted to employ me for in the US vanished over the recession, since its genuine that many cmopanies faced such situations.Would that be taken as negative or as an inability of my company or myself for the need of a visa now ?
The thing is that if I say someone was sick or I used the time for studies, and if they ask for a supporting proof, that would be trouble.
Pls advice on that last part and thanks again for the wonderful service.
Alex
I guess amending would be a far cheaper option than filing for a new visa , so that I can get a fresh approval.
Also could you tell me if telling them that the opportunities company wanted to employ me for in the US vanished over the recession, since its genuine that many cmopanies faced such situations.Would that be taken as negative or as an inability of my company or myself for the need of a visa now ?
The thing is that if I say someone was sick or I used the time for studies, and if they ask for a supporting proof, that would be trouble.
Pls advice on that last part and thanks again for the wonderful service.
Alex
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RAJASEKERAN
11-12 11:44 PM
Hi,
My educational background is Bachelor of Engginerring in Computer science.
I came to United states in December 2006. when i came i was having six years of experience.
My employer applied for my Labor in 2nd week of August 2008. After 2 weeks my attorney asked for a self affidavit having details about my work experience from 2001 till 2006 and also he gave me a format.
I prepared one affidavit for one employer ( totaly five affidavit for five employers between 2001 to 2006 ). I was team member in First and second Employer, i was a Team Lead in third employer, I was a Project Leader in Fourth and Fifth employer.
When i prepared the self affidavit i made a mistake, I gave the correct dates, correct designation ( Which is in my offer and reliving letter ) but i kept same responsiblities for all employers.
I didnot get any issues in my Labor. My Labor got approved in March 2009. Now my employer filed I - 140 in the end of september. Two days back he said that there is a RFE regarding my I - 140 case. THe RFE contains the Below Details.
"SINCE THE EVIDENCE INDICATES THAT THE BENEFICIARY DOES NOT HOLD AN ADVANCED DEGREE, IT MUST ESTABLISH THAT HIS POST-BACCALAUREATE EXPERIENCE WAS PROGRESSIVE. HOWEVER, HIS SWORN AFFIDAVITS INDICATES THAT WHILE HIS JOB TITLES CHANGED, HIS DUTIES IN 2006 WERE STILL THE SAME AS THEY WERE IN 2001 FOR EMPLOYER 2. PLEASE EXPLAIN HOW HIS EXPERIENCE WAS PROGRESSIVE"
I explained the suitation to my employer but he is saying there is only 50:50 chance for I-140 to get approved.
What will happen now ?
What type of document i should provide to USCIS for this query?
Will my I - 140 get approved ?
Thanks & Regards,
Raj..
My educational background is Bachelor of Engginerring in Computer science.
I came to United states in December 2006. when i came i was having six years of experience.
My employer applied for my Labor in 2nd week of August 2008. After 2 weeks my attorney asked for a self affidavit having details about my work experience from 2001 till 2006 and also he gave me a format.
I prepared one affidavit for one employer ( totaly five affidavit for five employers between 2001 to 2006 ). I was team member in First and second Employer, i was a Team Lead in third employer, I was a Project Leader in Fourth and Fifth employer.
When i prepared the self affidavit i made a mistake, I gave the correct dates, correct designation ( Which is in my offer and reliving letter ) but i kept same responsiblities for all employers.
I didnot get any issues in my Labor. My Labor got approved in March 2009. Now my employer filed I - 140 in the end of september. Two days back he said that there is a RFE regarding my I - 140 case. THe RFE contains the Below Details.
"SINCE THE EVIDENCE INDICATES THAT THE BENEFICIARY DOES NOT HOLD AN ADVANCED DEGREE, IT MUST ESTABLISH THAT HIS POST-BACCALAUREATE EXPERIENCE WAS PROGRESSIVE. HOWEVER, HIS SWORN AFFIDAVITS INDICATES THAT WHILE HIS JOB TITLES CHANGED, HIS DUTIES IN 2006 WERE STILL THE SAME AS THEY WERE IN 2001 FOR EMPLOYER 2. PLEASE EXPLAIN HOW HIS EXPERIENCE WAS PROGRESSIVE"
I explained the suitation to my employer but he is saying there is only 50:50 chance for I-140 to get approved.
What will happen now ?
What type of document i should provide to USCIS for this query?
Will my I - 140 get approved ?
Thanks & Regards,
Raj..
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gcseeker2002
02-12 05:14 PM
Is it possible to transfer H1 from company A to B after I-140 approval and H1- 3 year extension and continue the GC process (apply for I-485 when date becomes current) with company A provided company A has no objections?
Continuiing GC process does not mean just filing I485 , you need to apply labor and when filing 140 apply to recapture old PD , and , then file 485 if dates are current.
Continuiing GC process does not mean just filing I485 , you need to apply labor and when filing 140 apply to recapture old PD , and , then file 485 if dates are current.
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IAspire
02-21 12:09 AM
Please help....
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Edison99
06-02 08:15 AM
Congrats satyachowdary on your I-140 approval. Is your I-485 has been approved with or with out interfile request, let me know...
My new EB2 140 is approved with new date, so I sent following email to EBupdate.tsc@dhs.gov on 05/18 and my case is approved on 05/25. You don't have to wait until new I-140 is ported with old 140 date, the following email worked for me.
In the subject line, put : I-485 Multiple I-140s
Body of the email :
Dear Sir/Madam
I request you to kindly approve my pending I 485 case with new approved EB-2 (SRCXXXXXXXXXX) I-140. My I 485 was originally filed with EB-3 (LINXXXXXXXXXX). As per Pearson memo I am eligible to take advantage of priority date from EB3 to EB2.
Please contact me if you need any other information.
My case receipt numbers:
EB-3 : Receipt# LINXXXXXXXXXX with Priority Date XX/XX/2004
EB-2 : Receipt# SRCXXXXXXXXXX with Priority Date XX/XX/2011
I-485: Receipt# SRCXXXXXXXXXX
Primary details:
First name :
Last name :
A# :
485 receipt number :
Spouse Details:
First name :
Last name :
A# :
485 receipt number :
Thanking you
Sincerely,
Name
Address
Ph No :
Email :
My new EB2 140 is approved with new date, so I sent following email to EBupdate.tsc@dhs.gov on 05/18 and my case is approved on 05/25. You don't have to wait until new I-140 is ported with old 140 date, the following email worked for me.
In the subject line, put : I-485 Multiple I-140s
Body of the email :
Dear Sir/Madam
I request you to kindly approve my pending I 485 case with new approved EB-2 (SRCXXXXXXXXXX) I-140. My I 485 was originally filed with EB-3 (LINXXXXXXXXXX). As per Pearson memo I am eligible to take advantage of priority date from EB3 to EB2.
Please contact me if you need any other information.
My case receipt numbers:
EB-3 : Receipt# LINXXXXXXXXXX with Priority Date XX/XX/2004
EB-2 : Receipt# SRCXXXXXXXXXX with Priority Date XX/XX/2011
I-485: Receipt# SRCXXXXXXXXXX
Primary details:
First name :
Last name :
A# :
485 receipt number :
Spouse Details:
First name :
Last name :
A# :
485 receipt number :
Thanking you
Sincerely,
Name
Address
Ph No :
Email :
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nashim
08-14 03:26 PM
After seeing this type of RFE, it looks like IO comes under EB10 category but fortunately/ unfortunately EB10 does not exist that’s why they fall under citizen category.
Prashanthi
08-27 03:29 PM
[.....Before your H-1 gets denied and before you move to EAD, it is important to change her status to F1, you can do this as long as her H-4 I-94 has not expired. You will need your latest Paystubs and H-1 approval to do this. ...]
My H1B visa may be getting expired Sep4th....but her old H4 approval is valid until 2011.
Is she safe even my visa (H1B) expired on 4th Sept.
If I apply F1 (Student Visa) now...it will take another 45 days to get F1 approval from INS.
So....what happens to her status? Is she valid to stay until she gets F1 approval notice?
~Thanks in advance
You have to file her F-1 before your H-1 expires or gets denied, also you might need to show that she will continue to be on H-4 as of the date that classes start (based on you being on valid H-1 status). If this is not possible i suggest you file a change of status to B-2 and then you can decide what needs to be done, this will give you some breathing room.
My H1B visa may be getting expired Sep4th....but her old H4 approval is valid until 2011.
Is she safe even my visa (H1B) expired on 4th Sept.
If I apply F1 (Student Visa) now...it will take another 45 days to get F1 approval from INS.
So....what happens to her status? Is she valid to stay until she gets F1 approval notice?
~Thanks in advance
You have to file her F-1 before your H-1 expires or gets denied, also you might need to show that she will continue to be on H-4 as of the date that classes start (based on you being on valid H-1 status). If this is not possible i suggest you file a change of status to B-2 and then you can decide what needs to be done, this will give you some breathing room.
Prashanthi
03-26 05:46 PM
The law is very clear in this matter, you can travel while an extension is pending you cannot travel if you have filed for a change of status.
Travel outside the United States while an extension of stay application is pending with the Service is not considered an abandonment of the application, and, as a result, the extension request may be granted notwithstanding the trip abroad. Keep in mind that the extension applicant may have problems returning to the U.S. if his or her visa has expired. In this cases, he or she will need to obtain a new H-1B nonimmigrant visa abroad before returning to the United States.
Travel outside the United States while an extension of stay application is pending with the Service is not considered an abandonment of the application, and, as a result, the extension request may be granted notwithstanding the trip abroad. Keep in mind that the extension applicant may have problems returning to the U.S. if his or her visa has expired. In this cases, he or she will need to obtain a new H-1B nonimmigrant visa abroad before returning to the United States.
