Wednesday, June 8, 2011

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  • gctex
    07-01 11:52 PM
    Hi all,

    In her passport, my wife's name appears as follows :

    Given name = <blank>
    Surname = <First name> <Last Name>

    Now visa stamping has this :

    Given Name = FNU
    Surname = <First name> <Last Name>

    We are filing I-485 this week and in all the forms we were thinking of giving :

    Given Name = <First name>
    Surname = <Last Name>

    At the same time initiating a Name Split in the passport. Is it advisable to have name split in passport while I-485 is in process?.

    There is actually no "name change" per se. Just splitting it and putting it under the correct first and last names. If we file it using FNU, then all her records like DL, SSN, EAD, AP & then GC all will be starting with FNU, which is what we want to avoid.

    The ideal way would've been to split the name in passport first and then file it, but we are afraid we could get stuck with retrogression again, if the process gets delayed! :confused:

    Please advise !

    Thanx

    -Gctex





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  • x1050us
    06-25 09:29 PM
    My H4 spouse left the country for vacation on May 25 (before h4 expiry)
    Attorney filed 7th year ext and I 539 on Jun14.
    My 6th year of H1 ended on Jun 17.

    The attorney was not reachable by HR or myself. HR calls me today about problem with H4 and the attorney wants to discuss. What the heck ? Do they file I-539 when some one is not in the country ? She and I always maintained proper status. What can be the problem? I am freaking out to get my h1 ext approval asap and bring her back to file 485. Now my head is exploding. Any clues ? I cant bear this suspense.





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  • indianabacklog
    04-15 12:51 PM
    This action simply contradicts the entry on visa waiver. This allows people to visit (ONLY) with no intention of staying.

    Coming in before you know your L visa is going to be coming is fraudulent.

    If this individual wishes to leave the US they will have to get the L visa stamped in their passport before they can return. Might be asked why they did not get this done to enter the country for their job in the first place.

    Have to say this person is going to need some assistance at some point to explain this away.





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  • humsuplou
    03-09 12:54 PM
    Yes, you can run a business on EAD.

    You can own a business on H1-B too. But you cannot work for it . You can invest and have someone manage the operation for you. you can take profits but not work as an employee.

    Ok, so one can own but not run a business with H1B, but can own and run with EAD,right?
    Thanks!!



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  • smartboy75
    10-01 07:30 PM
    Exactly my point. I could not read those numbers correctly and got a shocker until I received the receipts in the mail.
    That's true too....lets wait and watch...





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  • singhsa3
    02-28 02:59 PM
    Obviously, you don't know how the system work, well , Welcome to dealing with USCIS!
    If I have never received a FP Notice from USCIS and then, they deny my EAD renewal because of this, that will be total absurd. I don't think any good immigration attorneys will let this go.



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  • Immigstories
    01-15 09:18 AM
    Gurus...please help me!!

    Is it safe to travel with a new approved I797/I94 and use the unexpired H1B visa stamp associated with an old employer to re-enter the country?





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  • LONGGCQUE
    07-27 10:53 AM
    jaggu bhai .. I like your handle, reminds me of a senior from college days. Anyway, here are some of my inputs as my wife is also pursuing a masters program in MIS.

    1) Part time - full time may or may not be a lot different depending upon university you pick up. One of my co-workers is pursuing an online masters program and his cost is almost same as a part/full time from a known university.
    You may also qualify for resident tuition depending on state/univ. laws where you reside. Check on that, it may reduce your cost a lot.

    2) Starting on H4 or F1 is on your choice or affordability. You may need to show 1yr of funds before a college issues an I-120 form for status change to F1 whereas on H4 you may just proceed at your own pace and no funds need to be proven. CPT/OPT or college internships cannot be taken up on H4 and so you may need to switch to F1 sometime based on your plans of using OPT.

    These are my thoughts based on what you mentioned. Other opinion also matters .. may be some more members can comment based on known scenarios.

    Good luck



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  • leoindiano
    10-02 08:54 AM
    I don't know why the guy brought up sarah palin when discussing joe biden. is it a must that something should be said about her for every gaffee that joe makes?remember how the congressman was sent packing after the macaca comment. why no outcry on this 7-11 comment? double standard?

    I am sorry if i offended you.....;) The title says VP candidate, so it is relevant...

    Please correct your signature, It was Sept 17th Rally not Sept 7th





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  • ssingh92
    12-30 08:52 PM
    If you can take direct non-stop flight then avoid the transit visa. Sending originals by mail is always risky. Just my advise.



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  • gc4me
    07-17 01:44 PM
    They tell this to everybody. A very common answer. They told me so, so to my 2 other friends but in either cases, no GC was approved inspite of our PDs were current. And later it turned out that my name check is pending (don't know what is 180 rule mean) when I took Infopass.

    So don't believe those CS answering over the phone. They say name check is clear when it is not clear, they say I-485 processing date is 2006, April when processing date is 2007, April 28. Bunch of junkies or may be summer interns (all called I made around summer time).
    To be CS in USCIS the only qualification you need is to be an US Citizen with back ground check cleared and a high school diploma :-(.
    How a person can understand with the above qualification all those difficult stuff like PD, RD, AP, EAD, LC, 485, 140 !!!
    And some CS even referring my I-485 application as I-40 :-( repeatedly.

    They may have to answer so many other complicated cases in Family category as well. Like what happen when spouse gets divorced? Can one file dependent GC if he/she is gay? Some one got married one US citizen after crossing the broader illegally, can she/he get GC? Can a son/daughter from stepmother apply for GC? So don't blame them either.



    Folks,
    Last month I called TSC and got a really nice IO. I was checking on my FBI name check status and he told me that he can get more details by A# instead of receipt NO. He in fact found my A# as i only had receipt number handy. He than told me that the FBI checks are cleared and my case is assigned to an IO.
    Does case assigned to an IO means that when Visa nos are available i have chance to get GC? Does it mean it is adjudicated and waiting for visa NO?

    EB2-I
    PD: Jul 2004
    I-140 approved
    I-485: RD 02 Aug, 2007





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  • maccaid
    06-22 04:37 PM
    If she were to change her name now.. and get a new passport or ID.. it might take longer and jeopardize your ability to file for AOS. Good would be to apply for AOS in her current name now.. and once you get your AOS approved.. then she can change her last name.

    to get AOS approved will take very long time right? depending whether I'll be stuck in FBI name check and the date not retrogress when they process my AOS.

    I'm EB3-ROW
    PD March 23, 2007



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  • lostinbeta
    10-02 12:52 PM
    That is great eilsoe! You have much talent with Photoshop=)





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  • mena
    11-18 06:02 PM
    Hi Sheraz,

    I still haven't received the documents yet will post once have received do let us know if you happen to get your's first.

    PD: 11/22/2005 (ROW i.e. Pakistan) EB3
    I140 : Approved June 2006
    EAD : Received October 2007
    485: Pending


    Thanks



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  • senthil1
    02-19 12:27 PM
    In the case of retrogession it is always better to apply EB2 if job description requires Master degree and if the candidate has approved master degree. Past history shows EB2 is atleast 2 years ahead of EB3 for India even if it is moving slower. But if you think any problem in eligiblity then it is better to apply EB3.



    One question for I-140 for EB-2 versus EB-3.

    If one applies for EB-2 at I-140 stage under premium processing and they turn it down. Does the application automatically go into EB-3, or do they ask you to re-apply for EB-3 at I-140? In that case, I am guessing that the premium processing fees that one has paid for EB-2 goes down the drian, right?

    Please confirm your views, as I have heard different versions.

    Thanks!





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  • stuckinmuck
    05-25 01:44 AM
    The latest version of the CIR bill majorly messes up legal immigrants' lives.
    My advice would be to get ready to pack your bags and go back home.
    The H1B provisions will make it impossible for you to stay here for long.

    I presume you are affected by GC retrogression.



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  • leoindiano
    10-01 07:46 PM
    Joe Biden is much more accomplished and respected person than what that video shows. He is freindly not recist in what he said, Forget and move on...

    If you ask sarah palin, about india, she will ask you "where is india? i cannot see it from alaska?"





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  • martinvisalaw
    10-15 03:47 PM
    I have had situations where CIS has issued more than one RFE, but only about twice in 12 years of immigration practice.





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  • pappu
    06-16 09:22 PM
    Good comparison. if you have more informatiion, do add to this thread.

    COMPARISON OF ADJUSTMENT OF STATUS VERSUS CONSULAR PROCESSING


    The purpose of this page is to address the advantages and disadvantages of Adjustment of Status and Consular Processing. There are various factors that need to be considered, including the procedures, the cost, the time and the risks involved in each process.

    I. TIME
    Generally, Adjustment of Status Applications take about 12-15 months to be approved by the INS. In most cases, Consular Processing takes approximately 6 to 9 months, depending on which US Consulate is chosen.

    II. CONSULATE NOTIFICATION
    The decision to consular process often turns on the issue of whether the overseas consulate will accept an application without notification from the INS via the National Visa Center (NVC). At present only a handful of Consulates will accept such an application. The usual course calls for the INS to send notice of the approval of the I-140 to the NVC in Portsmouth, New Hampshire, which then notifies the particular consulate.


    From time to time, an I-824 is required in order to Consular Process. In these scenarios, Consular processing takes in excess of one year and is almost never a good option. Because some consulates are realizing that the I-824 processing times at the Service Centers are unreasonably lengthy, several Consulates have opted to allow consular processing in their discretion without the requirement of the notification from the NVC. Under this process, the AC I-140 (attorney certified I-140), the attorney directly sends the Consulate a certified copy of the I-140 approval notice.


    There are a few things to keep in mind if you choose the AC I-140 process. First, not all consulates recognize it. Second, some Consulates may later switch to an approach where they demand the I-824. Third, some of the consulates who do accept ACI-140 do so only on grounds of hardship, such as the aging out of a child.

    III. 180 DAY PORTABILITY RULE
    Persons whose I-485s have been pending at the INS for 180 days or longer are ordinarily eligible to transfer to a new employer without abandoning their I-485 Adjustment of Status Application. The rules surrounding the 180 Day Portability are new and can be complex. However, the Portability rule can provide great relief to employees who are concerned that future lay-offs or Reductions In Force may cause their permanent Residency Applications to fail. Because of several liberalized I-485 rules, it usually a poor choice to opt for Consular Processing.

    IV. LOCAL ISSUES
    Each consulate has its own nuances. Most U.S. Consulates require police certificates for all applicants 16 years or older covering all periods that they have resided in a foreign country. This requirement does not exist in the case of adjustment of status. The consular officers also require a certified copy of any military records, whereas this is not required in adjustment of status applications. The consulate in Manila will only accept birth certificates issued by the National Statistics Office. A person who does not have all the documents at the time of the interview will need to appear for a second interview.


    In all cases however, the medical exams have to be completed by a designated doctor in that country. In London, the medical exams are completed the same day as the interview. However, in Johannesburg, Chennai, and Mumbai, the medical exams have to be completed at least two weeks before the interview. Essentially, this means the employee will need to spend approximately three weeks overseas or will require two trips overseas.


    In most cases, interview notices are generated approximately 30 days prior to the actual interview. As a practical matter, families need to depart the U.S. immediately upon receipt of an interview notice in order to have plenty of time to complete the medical exam.


    In addition to the general procedural differences between the two processes, there are more stringent requirements in consular processing. For example, it is generally easier to obtain waivers of certain medical grounds for exclusion, such as HIV, if you are Adjusting.

    V. COSTS
    Another issue that should be analyzed is the cost associated with each process. The major monetary difference is travel costs. Plainly, you only need to pay for a flight overseas if you are Consular processing. This can be burdensome and costly where there are several family members.


    Another factor that may indirectly affect the costs to the employer and employee is the time that will be required to be spent outside of the United States. During the adjustment of status process, a person can continue their employment in the United States while the case is processing. In consular processing cases, they are required to be out of the U.S. for approximately a month, assuming no problems arise in their case. If problems do arise in their case, they may need to stay overseas longer than anticipated. Alternatively, they could, in most cases, come back to the U.S. but would need to travel to the consulate again for a follow-up interview. Obviously, this adds to additional time away from work and additional expenses. In addition, for employees who have school age children, this would require the child's absence from school.

    VI. RISKS
    The major factor in deciding whether to choose adjustment of status or consular processing is the risk involved. By far, consular processing is much more risky than the adjustment of status process. First, consular processing provides less opportunity for attorney assistance. In the adjustment of status process, the attorneys prepare the application and file it with the INS. If the INS has a Request for Additional Evidence or any issues in the case, the information is sent to the attorney at which time the attorney can review the issues with the client and submit a response. In consular processing, the consulates do not allow the person to be represented by an attorney during the interview. Sometimes the attorney can stay in the waiting room and address any questions that the applicant has, but is not allowed to actually represent them at the interview.


    Second, consular processing involves a personal interview whereas the adjustment of status does not. Of course, any time that there is a personal interview, there is more risk that the applicant will say something unfavorable to his case. It also provides the officer with more time to go in depth into the applicant's immigration history or any issues of excludability. For example, if the employee's job title or job duties have changed at all since the filing of the labor certification then there is more of a chance that the consulate will focus on this issue and could deny the application. In contrast, in adjustment of status the INS does not delve into the exact job duties, (e.g. specific tools, utilities, software) but rather focuses on the job title, salary, and whether there is a continued offer of employment.


    Third, consular officers sometimes work with a mindset of distrust because they are accustomed to seeing fraudulent cases. Keep in mind that Manila, Mumbai, and Chennai are high fraud posts.


    Fourth, anyone who has been unlawfully present in the United States and is subject to the 3/10 year bar would immediately trigger that bar once he departed the U.S. Clearly, a person in this situation should not even consider consular processing as such as decision would be fatal.


    Finally, and most importantly, a denial of a visa at a Consulate post cannot be appealed.

    VII. EMPLOYMENT FOR SPOUSES
    Spouses can obtain employment authorization while their Application for Adjustment of Status is pending at the INS. They are ineligible for work authorization while their Consular Processing Application is pending.

    VIII. CONCLUSION
    In sum, consular processing can be advantageous in some situations. However, the decision to do consular processing should be made on a case-by-case basis based upon the particular consulate and the facts of each case. Ordinarily, Adjustment of Status is the better approach.





    acecupid
    08-01 10:45 AM
    If you look at the new features list:
    A customer-centric home page that provides applicants with a �one-stop shop� of immigration services information.


    Simplified navigation and improved search capability.


    Enhanced customer service tools including expanded Case Status Online with both email and text functionality.


    Information that is written clearly and meets the needs of our customers.


    It is pretty vague. They may just make some cosmetic changes for the existing website. I dont see anything new here. I hope they prove me wrong!





    funny
    09-22 04:04 PM
    Keep that cell phone handy and take 20 mins from your time today..



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