Tuesday, June 28, 2011

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  • webm
    11-08 01:30 PM
    1. Can my wife apply for a visa after she starts using EAD? and later can she extend her H4 along with my H1 extension which I'm going to apply mid next year?

    --Yes
    2.Is it ok to travel just on AP for her if she doesnt want to apply visa?

    --Yes




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  • fester8542
    04-08 04:29 PM
    ok last one :beam:




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  • wandmaker
    05-07 09:10 AM
    So in this case, the person should send the documents from India, correct? One of the requirement was I-94 card. How will we provide that if you are out of the country? What to say for Last Entry?

    Q10 - Alien Registration Number (A-Number) or I-94 Number (if any)
    Q12 - Provide your last date of entry
    Q13 - Provide your last place of entry

    It is not necessary that one should remain in the US to apply for EAD renewal.




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  • wandmaker
    08-25 01:10 PM
    My spouse currently is in H4. Is it possible to get his F1 visa stamped (with i-20 and other documents) within US? for example, in local USCIS offices.?

    Also, does getting COS (h4 to f1) approved means, we can exit and enter US without stamping in INDIA?

    Stamping within US is history - However, if COS is approved, your spouse can continue his studies without stamping, but if you exit the country then you need to stamp your F1 and return.



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  • SeanDell
    07-09 09:58 PM
    Under the new fee structure, does the NO FEE apply only to the initial set of AP documents or also to all the subsequent renewals of AP I-131 document.

    Thanks.




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  • Ann Ruben
    01-19 10:25 AM
    Applicants for k-3 visas must apply at the US Consulate in the country where the marriage took place, or in their country of nationality. So, unless your marriage took place in canada, your husband will not be able to apply there for a K-3 visa.

    Situations such as yours are complicated and very fact specific. You should consult with an experienced immigration attorney before taking any further action on your own.



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  • chintu123
    12-21 05:44 PM
    Hi ,

    Here is my scenario

    H4 visa----oct-2007 to sept-2010
    Entered US---oct--2008 on h4
    Filed for h1---april 2009
    H1 approved---aug 2009

    Actually i had to start a project dated 12-oct'09 but unfortunately the project got cancelled.From then i have been looking for project but no luck.Currently i am in a dilemma regarding my status and course of action.I am thinking to change my status to H4 again by filing i-539.

    The main problem is my employer did not run any payroll for me since oct-st(official kick off date afetr h1 COS approval) i did not have any project and when i ask him about that he says he can state that i will officially join the company in Jan 2010 and he will start running the payroll from jan 2010
    My questions are

    1. How safe is it to apply COS at this point
    2. If in case he starts running my payroll from Jan and still i dont land in a project even after couple of months can i go head and change my status to h4 in march with the 2 paystubs (jan and feb which he is promising to run)
    3.in worst case if the payroll is not run by him what would be the best course of action

    I would appreciate your response

    Thanks




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  • Blog Feeds
    06-05 02:00 PM
    http://www.californiaimmigrationlawyerblog.com/border%20crossing.jpg


    On June 1, 2009, new document requirements go into effect at land and sea ports for entry into the United States. Pursuant to the Western Hemisphere Travel Initiative ("WHTI") an individual may show one of the following documents in order to be admitted into the United States:

    U.S. or Canadian passport;
    Trusted Traveler Card (Nexus, Sentri, or Fast/Express);
    U.S. passport card;
    State or province issued enhanced driver's license.


    California does not issue "enhanced driver's licenses." (Enhanced driver's licenses contain multiple levels of security features.) It is no longer possible after June 1, to travel to Canada and expect to return with just a California driver's license. You must therefore have proof of citizenship as indicated above or proof of lawful permanent residence (i.e., "green card"), or proof of some other kind of non-immigrant status in order to be able to return to the United States.

    For more information about the document requirements, please see my previous post on "Free travel widget helps plan trips abroad and return to the United States (http://www.californiaimmigrationlawyerblog.com/2008/10/free_travel_widget_helps_plan_1.html)." You may also go the U.S. Customs and Border Protection (http://www.getyouhome.gov/html/eng_map.html) website on WHTI to obtain further information.


    More... (http://www.californiaimmigrationlawyerblog.com/2009/05/new_border_crossing_requiremen.html)



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  • monu19_75
    06-16 11:34 PM
    Hello
    Thank you for your time and I appreciate your effort.

    Scenario:
    I have two Approved I-140s (both filed by same company).
    � Filed I-140 & I-485 concurrently with a PD of Nov 2007 (Original Labor) - I-140 Approved and I-485 Pending
    � Filed I-140 with PD March 2005 (Substitution Labor) - I-140 Approved.

    Questions:
    1. I would greatly appreciate if you can let me know what are my options and any relative information (Letter formats etc.)
    2. Can Info-Pass work instead of writing to USCIS?




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  • transpass
    09-28 12:41 PM
    Hi all,


    This is my first post here, if it is not in the appropriate location please excuse me.

    My company filed my I-485, EAD and AP together.(On Auguest 6th this year) They asked me for only one check for $745.
    I was reading through a few posts and found that everybody had submitted 3 individual cheques for the same...
    Is this ok? Or did my company do a blunder.
    I have not yet recieved any receipts.

    I just had one single check...Don't sweat..



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  • raju123
    02-07 11:08 AM
    This is wrong. Indian news papers have wrong call. We discussed this before. It is confusing and misleading as amendment was withdrawn last moment from HR 2

    http://www.numbersusa.com/index




    Just saw this news on Economics Times (Indian Newspaper).

    http://economictimes.indiatimes.com/US_may_hike_H-1Bs_unveil_new_visa_for_the_unskilled/articleshow/1569190.cms




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  • rolrblade
    07-31 11:15 AM
    If I were you I would just get a new exam done and submit it. Also, you should explain that you DID submit it in the first place and send the sealed envelope again. What do you have to lose if you send 2 medicals? Hanging on to the sealed one you have does not gain anything.

    About envelope being huge? Well, no regulation says that you cannot send any envelope greater than 11x17. That would be just plain stupid if they rejected because of envelope size, and I seriously doubt they would do that. Thinking about it, it would be funny to see someone chest xray pop out of an 11x17 envelope :)



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  • stxvr
    02-22 12:55 AM
    I have one question about signing the affidavit of support (864) for immigration of a family member.
    (i.e. For petition for Immediate Relative- daughter files for mother)


    If daughter signs an affidavit of support for mother (i.e. form 864) for immigrant visa (Immediate relative) then in that case for daughter is it going to create any problem in getting study loans/home loan in future?




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  • akhilmahajan
    07-20 01:06 PM
    Medical results are valid till 1 years from the date they are done. Also if you got it done from a uscis approved doctor u r all set.

    Lot of ppl get vaccination and everything done before hand.
    Check with ur lawyer, but as far as i know it should be good.



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  • kaushik58
    09-20 11:11 AM
    LC column 14: BACHELOR.

    Now question is: Indian Bachelor or US Bachelor ?

    Mine is 3 years Indian BS and they need 4 years US BS.

    As per NSC Indian BS ( We have up to TY means third year-3 years ) is not equivelent to US BS ( Four year for Bachelor )




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  • kumar26fl
    08-18 09:46 PM
    Hi,

    I am on H1 visa. 485 pending, and have EAD. However the 1 yr period of EAD is nearing, the EAD expiry date is Aug 20. We have already applied for EAD renewal and have recieved 'notice of receipt' for the application.

    My question is can I use EAD and change job while EAD renewail is in process? The problem is that the current employer may be closing this dept in few weeks and therefore, I will be losing this job. I would like to know if i can join a new job while EAD renewal is in progress.

    Any suggestions please

    thanks



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  • winguru
    09-14 12:31 PM
    harrydr,

    It is not now. I cannot apply for I485 as PD is not current for me.
    I am asking when USCIS decides to introduce an extra step called Pre-App for I485 and for which PD need not be current.
    There was this news in early May that USCIS is planning to halt concurrent filing and introduce new Pre-App process. So I wanted to learn more about this from others...




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  • nj09
    05-31 02:06 PM
    I have done it in the past.No problem at all.




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  • krishmunn
    03-11 02:23 PM
    You will need to apply 140 again but can port your current PD to the new 140. So you will have a EB2 140 with the current (EB3) PD




    AdilAhmed
    04-28 04:54 PM
    cool thanks, r there any tutorials for this?




    pdt
    06-14 04:42 PM
    Both NIW and Eb-1a are DIY, so I do not have a lawyer to ask. It would be appreciated if you can share the response from your lawyer.

    I am also thinking about interfiling, but it is said that both 140 have to be approved for interfiling of 485. How long does it take for interfiling? someone said it takes a long time. not sure if it is right.

    I am in similar boat. What does your lawyer say? I am waiting for my lawyer response. How about option on interfiling NIW 140 with the pending I-485. That is do not file new I-485 but change underlined I-140 in the old one. Ask your lawyer about that and let us also know whats his/her response.



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