rangaswamy
06-20 08:10 PM
Has any one here changed their maiden name or their spouses maiden name in the US? I heard that it takes 1 week if one hands over passport and documents in person. I plan to go to SFO CGi to get this done before filing I-485 on Jul 1st.
I recently got married and did not have time in India to change the name.
Any experiences/advise is appreciated. My apologies if this is already discussed in previous threads.
thanks
Anand
I recently got married and did not have time in India to change the name.
Any experiences/advise is appreciated. My apologies if this is already discussed in previous threads.
thanks
Anand
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snowshoe
08-13 11:08 AM
I think you misunderstood a point made there. Though it is possible to extend renew H1 for employer if EAD was used some time, but that is like recapturing that status and means fulfilling the terms of H1, by giving up on part time job.
You cannot be on H1 and use EAD for second job at the same time.
This is also what I have understood on doing some research; there also was a similar thread here "H1 Status After Using EAD" where people seem to say the same.
That is, once you start using EAD you loose your H1 status. If you want to get back on H1 (before the decision on 485) then your company has to extend your H1 in which case you will have to give up your part time job.
Things get bad if your 485 is denied while you are on EAD then your company may be able to extend your H1, but you will have to go out of country and return once the H1 extension is approved.
You cannot be on H1 and use EAD for second job at the same time.
This is also what I have understood on doing some research; there also was a similar thread here "H1 Status After Using EAD" where people seem to say the same.
That is, once you start using EAD you loose your H1 status. If you want to get back on H1 (before the decision on 485) then your company has to extend your H1 in which case you will have to give up your part time job.
Things get bad if your 485 is denied while you are on EAD then your company may be able to extend your H1, but you will have to go out of country and return once the H1 extension is approved.
kirupa
01-25 05:01 PM
You can add a MouseLeftButtonDown event to pretty much any element! Just select and use the Events tab to set your event handler name: http://www.kirupa.com/net/creating_simple_wpf_gui_app_pg5.htm
Both Blend and VS will auto-generate the event handler where you can insert some code :)
Both Blend and VS will auto-generate the event handler where you can insert some code :)
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beibei2929
05-15 02:22 PM
But you need a valid visa stamp to re-enter.
1) What is the validity of your current visa stamp ?
2) When you applied for visa extension , what is going to be the validity of that visa ?
1) current visa stamp has already expired, so I have to apply for a new stamp(this is the key question: how long is the visa stamp? 3-moth or only till June 30?)2) the validity of new I-797 approval notice will till 2010. I guess it will be approved next month.
My wish is the visa stamp is 3-month and then I can enter US with the new I-797 extension approval. Am I right?
1) What is the validity of your current visa stamp ?
2) When you applied for visa extension , what is going to be the validity of that visa ?
1) current visa stamp has already expired, so I have to apply for a new stamp(this is the key question: how long is the visa stamp? 3-moth or only till June 30?)2) the validity of new I-797 approval notice will till 2010. I guess it will be approved next month.
My wish is the visa stamp is 3-month and then I can enter US with the new I-797 extension approval. Am I right?
more...
gauravsh
05-04 09:52 AM
Not sure as to "how long" but AFAIK , but when a person doesnt work in the same location as mentioned in LCA of H1B, an amendment needs to be filed. I would talk to a reliable attorney.
Thanks for the reply. I am planning to maintain a address at location where my LCA belongs to. I want to know If I work for say 4-5 months from India on US payroll will there be any issues on reentering US?
Thanks for the reply. I am planning to maintain a address at location where my LCA belongs to. I want to know If I work for say 4-5 months from India on US payroll will there be any issues on reentering US?
CADude
02-28 10:14 PM
YES based on RD.
"ASSUME" that EB2 and EB3 dates are CURRENT then who would get priority? Is it based on RD? or EB2 vs EB3...
"ASSUME" that EB2 and EB3 dates are CURRENT then who would get priority? Is it based on RD? or EB2 vs EB3...
more...
diptam
06-26 04:07 PM
I work for a wierd desi company - They are okay payment wise ( though they also make lot of money out of me) but 485 fees they dont want to take up right now.
for me company is paying for everything except medical..
for me company is paying for everything except medical..
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abhay
01-20 11:51 AM
Thanks So Much Ann, That gives me direction and what to request my employer when I talk to them later this afternoon.
I have one more question? When I spoke with USCIS and opened the inquiry in dec 2010. why did they come up with " RFE resposne not received till todate?" Do you think thye just checked the online status and responded back. My lawyer says that they spoke with someone at Texas service center and they told them that they have received the response. Thanks
I have one more question? When I spoke with USCIS and opened the inquiry in dec 2010. why did they come up with " RFE resposne not received till todate?" Do you think thye just checked the online status and responded back. My lawyer says that they spoke with someone at Texas service center and they told them that they have received the response. Thanks
more...
snathan
12-03 09:56 AM
in politics everything is give and take + "my side needs to get the best deal" attitude.
I am conflicted about Dream.
On the one hand, if it passes, the illegal community is pacified for the short term and if legal immigration is taken up immediately, they will not oppose us.
On the other, if it does not pass, we might have to wait for CIR or whatever else. Neither Republicans nor Democrats care to sponsor a bill just for our issues. They will continue to talk about amnesty vs enforcement.
Unless of course, we as a community step up, meet with lawmakers repeatedly, get them to take our issue seriously............
Who gave you that assurance....?:confused:
Seriously I pray for this bill to fail...if there is no relief for legals. I am not interested to pay for the illegal and their docs to be processed with my money.
I am conflicted about Dream.
On the one hand, if it passes, the illegal community is pacified for the short term and if legal immigration is taken up immediately, they will not oppose us.
On the other, if it does not pass, we might have to wait for CIR or whatever else. Neither Republicans nor Democrats care to sponsor a bill just for our issues. They will continue to talk about amnesty vs enforcement.
Unless of course, we as a community step up, meet with lawmakers repeatedly, get them to take our issue seriously............
Who gave you that assurance....?:confused:
Seriously I pray for this bill to fail...if there is no relief for legals. I am not interested to pay for the illegal and their docs to be processed with my money.
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Carlau
01-10 10:39 PM
This Talent Bill: will it be presented, when, what is the status? This is another way, among great benefits for all, for us H-4s to work.
more...
brb2
11-03 07:02 AM
Problems for EB based immigration is due to visa number shortages and relief can be achieved by an increase in the visa numbers. This will require legislation. Ombudsman has no role in this. Every one knows the current problems are due to shortage of visa numbers. Unfortunately, it is looking highly unlikely that congress will do anything until after the presidential elections. I don't know if you noticed it, as the democratic campaigns are going on, Hilary was being attacked for supporting no licenses for illegals in New York State. These people will avoid any immigration legislation. Whereas employment based immigration is non controversial, democrats know if they pass any such legislation, no republican will vote for the legalization. So the stalemate will continue until after next year's house and presidential election. Even republicans such as Cornyn are tiring out for legal immigration bills, where as the democrats are as enthusiastic as ever about solving illegal immigration problems only. Note the frequent atttempts at gettting the Dream act passed every few weeks.
....
one thing what we can do is start writing emails to the ombudsman cisombudsman@dhs.gov
i think everybody shall start telling their stories and give the ombudsman a bulleted list about what needs to happen to fix the broken system...just a thought...it may have a chance of better visibility.
i may be too naive but nevertheless why miss the opportunity to spread the word around...
....
one thing what we can do is start writing emails to the ombudsman cisombudsman@dhs.gov
i think everybody shall start telling their stories and give the ombudsman a bulleted list about what needs to happen to fix the broken system...just a thought...it may have a chance of better visibility.
i may be too naive but nevertheless why miss the opportunity to spread the word around...
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mdipi0
11-17 09:52 PM
hey, i just found out i have this account?
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Saarissimo
05-31 12:11 AM
Dear Madame/Sir,
I am a 33% owner of an LLC, and I need to be employed by the company. The company is a viable company, tech start-up, and all three owners need to actually work in the company (to ensure its success). The company is profitable and our yearly revenue is a little short of $1M. However, the reason I have been here in US in the last 6 years is because I have been sponsored (by my previous employer) through an H1B visa. I now wish to transfer my H1B to the LLC I partially own. My questions are:
1. Is it possible
2. If so, what is the mechanism I can be considered as an employee in an LLC structure
Thank you in advance for your attention
I am a 33% owner of an LLC, and I need to be employed by the company. The company is a viable company, tech start-up, and all three owners need to actually work in the company (to ensure its success). The company is profitable and our yearly revenue is a little short of $1M. However, the reason I have been here in US in the last 6 years is because I have been sponsored (by my previous employer) through an H1B visa. I now wish to transfer my H1B to the LLC I partially own. My questions are:
1. Is it possible
2. If so, what is the mechanism I can be considered as an employee in an LLC structure
Thank you in advance for your attention
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shahrooz
08-26 09:21 PM
Here's my story, I'll try to make it short. Aug. '04 LC applicant. Filed for I-140 & I-485 (conc.) in Feb. '07. FP done in April. Received an e-mail from USCIS on 8.17.07 stating that an RFE letter has been issued for me on 8.16.07. Last friday (8.24.07) called my attorney, she said they haven't received it. She said they (their law firm) have changed their office location and informed USCIS in general, but not for each specific application they have filed, so it might take 3 weeks before we receive the FRE letter and usually there's a 30 day deadline for applicant to respond. Well, I got scared a little. I called USCIS customer service. The operator said she doesn't have access to specifics of case, e.g. nature of RFE letter, timeline for response (30, 42, 84 days) & etc. She also said there's zero chance for an extension to be granted to the applicant, if he can't provide the requested document within the timeline allowed by USCIS.
I called my attorney again. She said she had mailed all documents along with the application, except for previous work experience (which will be from my home country since I've worked for only 1 employer since I came to the U.S. in 2004)
Now my question is:
1- What if I don't receive the RFE letter in time?
2- Any loops to gain an extension if I can't make it before 30 days?
3- Any ways to find out about the nature of FRE letter?
4- Does this mean that I'll easily lose everything including 4 years of waiting if I just don't receive the RFE letter in time and can't provide them with what they're asking for? (Someone please answer NO to this question! :( )
5- Any advices, suggestions, similar experiences, ideas or solutions?
I appreciate any kind of feedback on this, since I'm almost shaking in here!
I called my attorney again. She said she had mailed all documents along with the application, except for previous work experience (which will be from my home country since I've worked for only 1 employer since I came to the U.S. in 2004)
Now my question is:
1- What if I don't receive the RFE letter in time?
2- Any loops to gain an extension if I can't make it before 30 days?
3- Any ways to find out about the nature of FRE letter?
4- Does this mean that I'll easily lose everything including 4 years of waiting if I just don't receive the RFE letter in time and can't provide them with what they're asking for? (Someone please answer NO to this question! :( )
5- Any advices, suggestions, similar experiences, ideas or solutions?
I appreciate any kind of feedback on this, since I'm almost shaking in here!
more...
pictures Jennifer Lopez - 2011
JazzByTheBay
08-21 01:24 PM
This is great - thank you!
I'll be traveling to/from SFO. Have the new AP Receipt Notice.
jazz
hi jazzbythebay,
i was in pretty much in the same state like you a couple of months ago. i quit the original employer who sponsored by gc, used AC21 and EAD to join a new employer, and then i had to travel to india within a week of joining the new company. I infact had quit the company since I had an offer with another big multinational and i went to india and came back using AP. no h1 stamping. in both the above situations, i have not informed uscis. so literally when i went out of US and came back, i was unemployed. luckily for me they did not ask me the question of "are you working for the same employer that sponsored ur gc"? this is in SFO airport. as long as u have a valid ap, you could get in, its just that you may get some questions. just be prepared for that. Just show them the documents only if they ask for it. but keep it in hand just for your satisfaction. To me, they dont know much abt ac21 etc (atleast not thoroughly), so we dont need to teach them anything. my only worry in your case is, that you have only 2 days before your expiry of AP. So, make sure you take the ap renewal receipt with you, that alone could just prove them that your renewal is in process. hope this helps..bon voyage...
I'll be traveling to/from SFO. Have the new AP Receipt Notice.
jazz
hi jazzbythebay,
i was in pretty much in the same state like you a couple of months ago. i quit the original employer who sponsored by gc, used AC21 and EAD to join a new employer, and then i had to travel to india within a week of joining the new company. I infact had quit the company since I had an offer with another big multinational and i went to india and came back using AP. no h1 stamping. in both the above situations, i have not informed uscis. so literally when i went out of US and came back, i was unemployed. luckily for me they did not ask me the question of "are you working for the same employer that sponsored ur gc"? this is in SFO airport. as long as u have a valid ap, you could get in, its just that you may get some questions. just be prepared for that. Just show them the documents only if they ask for it. but keep it in hand just for your satisfaction. To me, they dont know much abt ac21 etc (atleast not thoroughly), so we dont need to teach them anything. my only worry in your case is, that you have only 2 days before your expiry of AP. So, make sure you take the ap renewal receipt with you, that alone could just prove them that your renewal is in process. hope this helps..bon voyage...
dresses Release Name: Jennifer Lopez
a_yaja
07-07 09:48 PM
I have described my situation below. Can someone please tell me if they have ever encountered this and what is the best avenue to take?
1. My LC was sent back to me on Tues (after 4 years).
2. It was neither denied nor approved. They said that I did not make at least 95% of prevailing wage rate.
3. I am currently a little less than that if I can take into account all bonuses etc.
4. The company's immigration lawyer (outside counsel) is saying that if I think that I will probably meet the wage rate threshhold by the time entire GC process is complete, then it's OK to amend LC and say that, "Yes, I am making that much money".
5. Else - other option is to challenge the DOLs definition of prevailing wage rate.
6. Company lawyer/HR (I don't think any of them have any immigration law background) are all confused about it. They are not sure whether I can take bonuses into account. If I don't - then it is less likely that I wil reach prevailing wage rate at next review.
7. Also - they are uncomfortable saying that I WILL meet PW. I guess they think that I will hold them to it and then just slack off until my review.
What should I do???
Depends on a lot of factors.
1. Under what category are you planning to file for I-140?
- EB1, EB2 or EB3?
2. Are you from a retrogressed country like India/ China or are you from Rest of World (ROW)?
3. How far are you from the 95% difference from your current salary ?
The reason I ask is this:
If you are going to apply for EB3 from India or China, there is a very good chance that your GC will take atleast 3 - 4 yrs (but anything could happen) to be approved. Remember, you need to make the salary when your GC is approved - not now. Secondly, if you are from India/ China, you may as well go ahead and say "Yes, will get paid salary mentioned" and after your I-140 is approved, you can always change to a job with higher salary and retain your Priority Date and go through PERM. But remember, PERM requires 100% salary and not 95%.
If you are from ROW, you can still go ahead and say "Yes, will get paid mentioned salary" and when you file for I-485, you can always switch jobs after 180 days invoking AC21.
If your salary is close to the 95% stated in the LC, you could still be OK - if you are confident that in a yr or two you will be getting 95% of the stated salary. Also, salary is only base salary and does not include Bonus (because bonus need not be offered by the company during any particular year).
IMPORTANT NOTE: COMPANY HAS TO AGREE TO GIVE YOU PW WHEN GC IS APPROVED AND NOT RIGHT NOW. IF YOU TELL THEM THIS, MAYBE THEY WILL NOT HESITATE SO MUCH.
Ofcourse, this is only my opinion and not legal advice.
1. My LC was sent back to me on Tues (after 4 years).
2. It was neither denied nor approved. They said that I did not make at least 95% of prevailing wage rate.
3. I am currently a little less than that if I can take into account all bonuses etc.
4. The company's immigration lawyer (outside counsel) is saying that if I think that I will probably meet the wage rate threshhold by the time entire GC process is complete, then it's OK to amend LC and say that, "Yes, I am making that much money".
5. Else - other option is to challenge the DOLs definition of prevailing wage rate.
6. Company lawyer/HR (I don't think any of them have any immigration law background) are all confused about it. They are not sure whether I can take bonuses into account. If I don't - then it is less likely that I wil reach prevailing wage rate at next review.
7. Also - they are uncomfortable saying that I WILL meet PW. I guess they think that I will hold them to it and then just slack off until my review.
What should I do???
Depends on a lot of factors.
1. Under what category are you planning to file for I-140?
- EB1, EB2 or EB3?
2. Are you from a retrogressed country like India/ China or are you from Rest of World (ROW)?
3. How far are you from the 95% difference from your current salary ?
The reason I ask is this:
If you are going to apply for EB3 from India or China, there is a very good chance that your GC will take atleast 3 - 4 yrs (but anything could happen) to be approved. Remember, you need to make the salary when your GC is approved - not now. Secondly, if you are from India/ China, you may as well go ahead and say "Yes, will get paid salary mentioned" and after your I-140 is approved, you can always change to a job with higher salary and retain your Priority Date and go through PERM. But remember, PERM requires 100% salary and not 95%.
If you are from ROW, you can still go ahead and say "Yes, will get paid mentioned salary" and when you file for I-485, you can always switch jobs after 180 days invoking AC21.
If your salary is close to the 95% stated in the LC, you could still be OK - if you are confident that in a yr or two you will be getting 95% of the stated salary. Also, salary is only base salary and does not include Bonus (because bonus need not be offered by the company during any particular year).
IMPORTANT NOTE: COMPANY HAS TO AGREE TO GIVE YOU PW WHEN GC IS APPROVED AND NOT RIGHT NOW. IF YOU TELL THEM THIS, MAYBE THEY WILL NOT HESITATE SO MUCH.
Ofcourse, this is only my opinion and not legal advice.
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yabayaba
08-19 11:28 AM
Hi,
I belong to Virginia. But Virginia office does not have the dates available for next 2 months. Can I visit to the neighbouring Maryland state USCIS local office for Information. Is it legal and valid to go to Other local office for information?
Thanks,
Raj
Yes...You could....
I belong to Virginia. But Virginia office does not have the dates available for next 2 months. Can I visit to the neighbouring Maryland state USCIS local office for Information. Is it legal and valid to go to Other local office for information?
Thanks,
Raj
Yes...You could....
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kvranand
01-22 07:26 PM
Thanks to IV. You are my heart beat. You are the only hope to build my successful future. God bless IV.
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gccovet
06-17 04:07 PM
What happens if I transfer my H1B from A to B (A has concurrently filed I140/485, >180 days, I 140 NOT approved). Can I have B do AC21 after I 140 from A gets approved (may take 4-5 more months) ? Do I HAVE to be with employer "A" till I 140 gets approved? (employer A does not intend to revoke I 140...and I understand there is a risk if ther is an RFE on I 140 during this period)
Thanks
If Company A does not withdraw -140 then you are in good shape. But if A withdraws, you have to start all over again.
TO be on AC-21 (EAD) you just have to get new I-9 to 'B' and (your choice) send letter to USCIS.
Thanks
If Company A does not withdraw -140 then you are in good shape. But if A withdraws, you have to start all over again.
TO be on AC-21 (EAD) you just have to get new I-9 to 'B' and (your choice) send letter to USCIS.
transpass
08-02 06:00 PM
Hi there, First of all thanks for all active participants you are doing a great service.
One of my friend has a unique situation. His wife and daughter ( both on GC and daughter is 10 years old) has to live outside US for long time due to her health situations. These are the things happened.
1. First time she went to India and stayed there for almost 1 year ( but less than 1 year ) and both came into US with out any problems, but stayed in US for only 1 week to 10 days.
2. Now both are still in India and its been approximately 1 year 10 months ( didn’t fine any extensions or anything like that).
3. Now she got recovered completely and want to come back to US to join her husband, Can they both come back to country with out any problems? Does she need to file any documents to USCIS or in US consulate in India.
Your responses would be much appreciated. Once again thanks for all your help.
Without reentry permit, they cannot enter USA.
If you need reentry permit and if you are outside US, then you can kiss your gc goodbye. You must be in US to apply for reentry permit, otherwise it will be denied...Even the appeal will be denied...Then need to check with local US consulate...
One of my friend has a unique situation. His wife and daughter ( both on GC and daughter is 10 years old) has to live outside US for long time due to her health situations. These are the things happened.
1. First time she went to India and stayed there for almost 1 year ( but less than 1 year ) and both came into US with out any problems, but stayed in US for only 1 week to 10 days.
2. Now both are still in India and its been approximately 1 year 10 months ( didn’t fine any extensions or anything like that).
3. Now she got recovered completely and want to come back to US to join her husband, Can they both come back to country with out any problems? Does she need to file any documents to USCIS or in US consulate in India.
Your responses would be much appreciated. Once again thanks for all your help.
Without reentry permit, they cannot enter USA.
If you need reentry permit and if you are outside US, then you can kiss your gc goodbye. You must be in US to apply for reentry permit, otherwise it will be denied...Even the appeal will be denied...Then need to check with local US consulate...
gauravsh
05-04 09:52 AM
Not sure as to "how long" but AFAIK , but when a person doesnt work in the same location as mentioned in LCA of H1B, an amendment needs to be filed. I would talk to a reliable attorney.
Thanks for the reply. I am planning to maintain a address at location where my LCA belongs to. I want to know If I work for say 4-5 months from India on US payroll will there be any issues on reentering US?
Thanks for the reply. I am planning to maintain a address at location where my LCA belongs to. I want to know If I work for say 4-5 months from India on US payroll will there be any issues on reentering US?
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