hydubadi
07-23 08:41 PM
Hello,
I already opened a thread on this. does any one has answer for this.
I am in a process of getting name change for my wife on pending I485. This is because her first name is given as 'FNU' by USCIS on the I485 file, EAD and A.P. As she did not have first name in passport.
We recently got her name change on passport by adding my(husbands name) as SURNAME. Now we want to refelect this change on EAD and 485.
For this amendment my lawyer is charging $400.
I want to know, if we can do this amendment on our own and avoid lawyer. Do any one on this forum know how to deal with this situation. Please let me know.
Your answers are highly appriciated.
Thanks,
hydubadi
I already opened a thread on this. does any one has answer for this.
I am in a process of getting name change for my wife on pending I485. This is because her first name is given as 'FNU' by USCIS on the I485 file, EAD and A.P. As she did not have first name in passport.
We recently got her name change on passport by adding my(husbands name) as SURNAME. Now we want to refelect this change on EAD and 485.
For this amendment my lawyer is charging $400.
I want to know, if we can do this amendment on our own and avoid lawyer. Do any one on this forum know how to deal with this situation. Please let me know.
Your answers are highly appriciated.
Thanks,
hydubadi
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tijuanense
11-23 04:09 PM
The Real Tijuana (http://realtijuana.blogspot.com/) is a blog that began this month in order to describe Baja California from the inside. People who actually live in Tijuana address issues of local culture, medicine, cuisine, and history with the goal of making tourism less intimidating and more rewarding.
Thanks to you, Prem, we will start running items on transportation this week.
Tijuana is surprisingly peaceable in spite of the bad press.
Thanks to you, Prem, we will start running items on transportation this week.
Tijuana is surprisingly peaceable in spite of the bad press.
supers789
07-14 04:18 PM
huh! looks like either not many ppl received audits.. or not many received response back ??
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raju6855
02-05 08:36 AM
Sorry for delay in responding.
The H4 for my wife was part yearly extension and I think its 7th year extension for which she went for stamping.
My wife has not got the passport back, she calls the Delhi Consulate every other day and they reply its still in admin processing. There is nothing that can be done, just wait wait and wait. My wife tried so much asking Consulate and the VFS agents of what dates of the interview the passports are being returned and they won't tell her, how lame of them!
I called up the National Customer service center and asked for using AP and below is what I was told, not only by them but also by lawyers.
AP has to be filed in before a person leaves the country and if they approval comes when the AP has been approved, that approved AP can be mailed to the applicant out of the country and he/she can use it to enter US.
The H4 for my wife was part yearly extension and I think its 7th year extension for which she went for stamping.
My wife has not got the passport back, she calls the Delhi Consulate every other day and they reply its still in admin processing. There is nothing that can be done, just wait wait and wait. My wife tried so much asking Consulate and the VFS agents of what dates of the interview the passports are being returned and they won't tell her, how lame of them!
I called up the National Customer service center and asked for using AP and below is what I was told, not only by them but also by lawyers.
AP has to be filed in before a person leaves the country and if they approval comes when the AP has been approved, that approved AP can be mailed to the applicant out of the country and he/she can use it to enter US.
more...
alterego
01-02 08:14 PM
Best Answer:- No-one but god knows the answer to your question.
Here are a few points to consider.
1) If you are from EB India, then you know that there are thousands perhaps hundreds of thousands with PD ahead of yours, at 2800 a year per EB category, you do the math.
2) Filing of 485 is dependent on more than just approvals, PDs sometimes move based on quirky decisions made by the State Dep't on the basis of nothing more than gesticulation. That said, the 4th quarter of every year is a lottery for anyone with a late PD whichever EB category, witness the July VB fiasco.
3) Legislation even just recapture (like AC21) can alter the dynamic for years, 4 yrs in the case of AC21 and provide heavily retrogressed countries like India and China especially with a boost.
4) A new President and a better immigration system might help you. One can only hope.
Absent the above caveats, sorry my friend but I don't expect the PD to move past the July 2007 VB fiasco date for decades. However, I don't expect the US to lock out Indian IT talent for that amount of time either. Much will depend on how much lobbying is done on this issue, and that will in turn depend on the energy shown by those like you.
Here are a few points to consider.
1) If you are from EB India, then you know that there are thousands perhaps hundreds of thousands with PD ahead of yours, at 2800 a year per EB category, you do the math.
2) Filing of 485 is dependent on more than just approvals, PDs sometimes move based on quirky decisions made by the State Dep't on the basis of nothing more than gesticulation. That said, the 4th quarter of every year is a lottery for anyone with a late PD whichever EB category, witness the July VB fiasco.
3) Legislation even just recapture (like AC21) can alter the dynamic for years, 4 yrs in the case of AC21 and provide heavily retrogressed countries like India and China especially with a boost.
4) A new President and a better immigration system might help you. One can only hope.
Absent the above caveats, sorry my friend but I don't expect the PD to move past the July 2007 VB fiasco date for decades. However, I don't expect the US to lock out Indian IT talent for that amount of time either. Much will depend on how much lobbying is done on this issue, and that will in turn depend on the energy shown by those like you.
lostinbeta
10-20 02:13 AM
Very nice as usual edwin :)
more...
redgreen
08-04 10:26 AM
I think still there are some people waiting for their finger printing? Thousands for I-140 approval and ofcourse there are people from even 2001 waiting for I-485 approval. Most would have got their receipts, I think.
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21stIcon
12-21 06:33 AM
What I am saying his employer process pay roll for $5800, he gets in hand after tax deduction.
You guys should understand one thing if your base salary is $1000/k, company should process $8333/pm on a pay roll then pay roll will decide about tax withholdings. There is no way company can show gimmicks and run pay roll for less. I have been working for the past 8 years, all the time companies divided annual salary by biweekly and deposited rest will be taken care by pay roll processing.
Bottom line pay slip should show 8333 not even single penny less for 100k it means you are employer is cheating you.
You guys should understand one thing if your base salary is $1000/k, company should process $8333/pm on a pay roll then pay roll will decide about tax withholdings. There is no way company can show gimmicks and run pay roll for less. I have been working for the past 8 years, all the time companies divided annual salary by biweekly and deposited rest will be taken care by pay roll processing.
Bottom line pay slip should show 8333 not even single penny less for 100k it means you are employer is cheating you.
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parablergh
08-27 02:27 PM
phone number: 800-375-5283
follow the prompts.
follow the prompts.
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thescadaman
07-26 08:40 PM
I used your website to search "USPS Express" and I got the answer I needed very quickly. Thanks for the website..
For everyones else benefit...
for cases that has to be filed by overnight courier that is by the USPS Express Mail the center will only pick up mails from the U.S Postal Service once a day and in the morning. Therefore any mail that is not picked up in the morning will be picked only the following day and is given a next day receipt date.
link
http://www.immigration.com/fromtheagency/nsc112006.html
For everyones else benefit...
for cases that has to be filed by overnight courier that is by the USPS Express Mail the center will only pick up mails from the U.S Postal Service once a day and in the morning. Therefore any mail that is not picked up in the morning will be picked only the following day and is given a next day receipt date.
link
http://www.immigration.com/fromtheagency/nsc112006.html
more...
mnq1979
06-26 03:32 PM
What did u provid as of now?? If can obtain bc u can produce it. If u do not have one then ceritificate of non-availability. Besides this u need to produce secendary evidences such as school, medical and religious documents or affidavits which mentions both your parents and your full names. That is what I did. In anycase, you will be given instructions on the rfe what to respond to the rfe. Good luck.
I jsut spoke to my mom and she confirmed that she has my BC in diffrent language and will get it translated. So i think i m good from that part.
But my wife BC is not available. I have asked my father in law and he said he will ask some one to get. It is possible but will take a little time.
My question is since her BC will be made NOW do i need any other proof with her BC?
I jsut spoke to my mom and she confirmed that she has my BC in diffrent language and will get it translated. So i think i m good from that part.
But my wife BC is not available. I have asked my father in law and he said he will ask some one to get. It is possible but will take a little time.
My question is since her BC will be made NOW do i need any other proof with her BC?
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immilaw
09-17 11:44 AM
Few things to remember
1. It is good for us if EB1 remains current for India and ROW - chance of some visa numbers trickling down.
2. The H1B cap is still 65,000 + 20,000 + some extra for non profit and a sizeable portion of this is Indians meaning other nationalities are not applying in large numbers. What this means is that the whole 45,000 EB1 and 45,000 EB2 will likely not get used from 2008-9 (by that ROW EB3 ROW will start becoming close to current and people from ROW will not try to find a way to apply for EB2 like they are doing now).
3. People will try to port their EB3 date to EB2 and some will meet success but others might fail. This will be particularly true for Indians.
Put all this together, I think any Indian who applied for GC in Eb2 or 3 post 2004 will probably have to wait the same amount of time in either category, maybe a year less in EB2. Given that you are anyway going to have to wait 7-8 years minimum, one year more or less does not make any difference.
I think people from India with post 2004 Pri dates should
a) Actively work for some meaningful legislative change, contact all your friends and make them aware of this problem, please do not just sit there and hope for a change
b) Make solid backup plans, whatever they might be - consider UK, Australia, Canada, Singapore as backups. Learn as much as you can in your present job and change jobs if you feel you are stagnating. Do not keep your career in limbo for GC when the earliest you will get it is after 7-8 years. Imagine this - if you are 25 now, you will be in your mid-thirties doing the same job if you wait for your GC.
c) Save, save, save - I cannot reiterate this, basically do not spend a dollar more than you need to. Buy a full efficient cheap car, rent a place (house prices are stagnating) etc. Do your due dilligence and post new ideas here.
d) Find a way to lobby to get back your SSN and Medicare taxes - Indian govt. is making noises about this, use your connections to make the noise louder.
e) Last but not the least, If married and planning to start family, do not wait until they change law to ban birth right citizenship :).
Use this thread to post new ideas.
I have a suggestion which I think might annoy those in EB ROW so I apologize from them in advance. I have been reading in the forums that the US CIS/State Department under law is supposed to transfer all unused EB ROW numbers to the oversubscribed countries at the close of the fiscal year. Also, I have been reading that the US CIS has NOT been doing soo. If what others are saying is true, and if US CIS does what it is supposed to do then the EB China/India will not be so severly retrogressed. How about filing a lawsuit directing the US CIS to follow the law (if there is any such law)? I personally have not researched this issue, my knowledge is based on what the others are saying in the forum.
1. It is good for us if EB1 remains current for India and ROW - chance of some visa numbers trickling down.
2. The H1B cap is still 65,000 + 20,000 + some extra for non profit and a sizeable portion of this is Indians meaning other nationalities are not applying in large numbers. What this means is that the whole 45,000 EB1 and 45,000 EB2 will likely not get used from 2008-9 (by that ROW EB3 ROW will start becoming close to current and people from ROW will not try to find a way to apply for EB2 like they are doing now).
3. People will try to port their EB3 date to EB2 and some will meet success but others might fail. This will be particularly true for Indians.
Put all this together, I think any Indian who applied for GC in Eb2 or 3 post 2004 will probably have to wait the same amount of time in either category, maybe a year less in EB2. Given that you are anyway going to have to wait 7-8 years minimum, one year more or less does not make any difference.
I think people from India with post 2004 Pri dates should
a) Actively work for some meaningful legislative change, contact all your friends and make them aware of this problem, please do not just sit there and hope for a change
b) Make solid backup plans, whatever they might be - consider UK, Australia, Canada, Singapore as backups. Learn as much as you can in your present job and change jobs if you feel you are stagnating. Do not keep your career in limbo for GC when the earliest you will get it is after 7-8 years. Imagine this - if you are 25 now, you will be in your mid-thirties doing the same job if you wait for your GC.
c) Save, save, save - I cannot reiterate this, basically do not spend a dollar more than you need to. Buy a full efficient cheap car, rent a place (house prices are stagnating) etc. Do your due dilligence and post new ideas here.
d) Find a way to lobby to get back your SSN and Medicare taxes - Indian govt. is making noises about this, use your connections to make the noise louder.
e) Last but not the least, If married and planning to start family, do not wait until they change law to ban birth right citizenship :).
Use this thread to post new ideas.
I have a suggestion which I think might annoy those in EB ROW so I apologize from them in advance. I have been reading in the forums that the US CIS/State Department under law is supposed to transfer all unused EB ROW numbers to the oversubscribed countries at the close of the fiscal year. Also, I have been reading that the US CIS has NOT been doing soo. If what others are saying is true, and if US CIS does what it is supposed to do then the EB China/India will not be so severly retrogressed. How about filing a lawsuit directing the US CIS to follow the law (if there is any such law)? I personally have not researched this issue, my knowledge is based on what the others are saying in the forum.
more...
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fastergcwanted
07-18 09:19 AM
See below:
Taken from www.immigration-law.com
07/18/2007: Reinstatement of Original July Visa Bulletin and Uncertain Impact on Pre-July "Tagged" EB-485 Applications and Processing Time of I-485 Applications in the Future
The other EB-485 waiters will turn out to be a big victim to the DOS/USCIS decision yesterday. Since there will be no visa numbers available until October 1, 2007, the people whose EB-485 applications were "not tagged" before July 1 will experience a tremendous delay in obtaining the green card. When it comes to the delays in obtaining the green card approvals, the new filers in July and those filers before August 17 will also witness a tremendous delays and will have to endure a long and long journey to leave the pipeline of the green card process. Why? As we reported quite earlier in this visa fiasco, we even estimated that approximately 750,000 individual EB-485 applications can be poured into the system during this unusual period of visa number availability as affected by the upcoming filing fee increases and more importantantly the anticipated potential huge visa number retrogression ahead during when they may not be able to file their 485 applications because of the retrogression. After all, the system has only 140,000 numbers for the entire EB categories for each year. Go figure! What would look like the waiting time for the current EB-485 filers and the current EB-485 filers before July 1, 2007!
Taken from www.immigration-law.com
07/18/2007: Reinstatement of Original July Visa Bulletin and Uncertain Impact on Pre-July "Tagged" EB-485 Applications and Processing Time of I-485 Applications in the Future
The other EB-485 waiters will turn out to be a big victim to the DOS/USCIS decision yesterday. Since there will be no visa numbers available until October 1, 2007, the people whose EB-485 applications were "not tagged" before July 1 will experience a tremendous delay in obtaining the green card. When it comes to the delays in obtaining the green card approvals, the new filers in July and those filers before August 17 will also witness a tremendous delays and will have to endure a long and long journey to leave the pipeline of the green card process. Why? As we reported quite earlier in this visa fiasco, we even estimated that approximately 750,000 individual EB-485 applications can be poured into the system during this unusual period of visa number availability as affected by the upcoming filing fee increases and more importantantly the anticipated potential huge visa number retrogression ahead during when they may not be able to file their 485 applications because of the retrogression. After all, the system has only 140,000 numbers for the entire EB categories for each year. Go figure! What would look like the waiting time for the current EB-485 filers and the current EB-485 filers before July 1, 2007!
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lunar
07-21 11:43 AM
I Agree it is better not to take risk. But why is this an issue after 3 years of working from home. Next question is If I ask my lawyer not to renew my H1B and only work on EAD does DOL have an issue ? is that risk worth taking. Moving my family entirely for this reason is not a good option.
more...
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WillIBLucky
11-17 01:56 PM
That brings up a good point, why do you think all the PDs are moving except India?
Is there really that many applicants from India than China
The problem is even CIS layed off many people since 2004 and now are left with few people to work on. The left out people are not "like Indians in USA" kind of people.
And further more they cannot offshore processing to India as well. So what do they do......hmm lets retrogress Indians. Its working for them.
Is there really that many applicants from India than China
The problem is even CIS layed off many people since 2004 and now are left with few people to work on. The left out people are not "like Indians in USA" kind of people.
And further more they cannot offshore processing to India as well. So what do they do......hmm lets retrogress Indians. Its working for them.
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panks
04-02 12:07 PM
Thank you gc28262. It's just that my attorney havent seen this issue with Pre PERM cases. May be it is because PERM had more specific questions to answer so that there is little flexibility. Form 750 which was used before PERM did not have that many specific questions regarding labor conditions. So there was room for interpretation.
Thanks for murthy's link. Yes, It makes sense Gald I extended my H1 after returning on AP. So I am better positioned there.
Yes, actually the USCIS has argued the same in their revocation response which is that my labor requirements on Form 9089 aren't flexible enough to transfer me to EB3.
----
Regarding your H1B status, please read the following newsletter from murthy.com
Effect of Travel While in H1B / L-1 Status and Pending I-485 (http://www.murthy.com/news/n_efftrv.html)
Traveling on AP doesn't necessarily switch you out of H1B. If you are working for the same employer after entering on AP, you can still extend your H1 and continue to be on H1 status.
Based on my limited understanding, your lawyer is wrong when he says "3 year degree issue is mostly with PERM applications and not with others". 3 year degree issue comes up during I-140 stage. Nowadays USCIS has a strict requirement that the degree should be a "single source" 4 year degree for EB2 applications.
As for the successful outcome of trying to downgrade your application to EB3, your labor certification should be flexible enough to allow your application to be downgraded to EB3.
IMO it is better to get a second opinion/consultation with a reputed lawyer. If I were you I wouldn't trust your current lawyer.
Thanks for murthy's link. Yes, It makes sense Gald I extended my H1 after returning on AP. So I am better positioned there.
Yes, actually the USCIS has argued the same in their revocation response which is that my labor requirements on Form 9089 aren't flexible enough to transfer me to EB3.
----
Regarding your H1B status, please read the following newsletter from murthy.com
Effect of Travel While in H1B / L-1 Status and Pending I-485 (http://www.murthy.com/news/n_efftrv.html)
Traveling on AP doesn't necessarily switch you out of H1B. If you are working for the same employer after entering on AP, you can still extend your H1 and continue to be on H1 status.
Based on my limited understanding, your lawyer is wrong when he says "3 year degree issue is mostly with PERM applications and not with others". 3 year degree issue comes up during I-140 stage. Nowadays USCIS has a strict requirement that the degree should be a "single source" 4 year degree for EB2 applications.
As for the successful outcome of trying to downgrade your application to EB3, your labor certification should be flexible enough to allow your application to be downgraded to EB3.
IMO it is better to get a second opinion/consultation with a reputed lawyer. If I were you I wouldn't trust your current lawyer.
more...
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sam2006
08-03 12:27 PM
we just have to live it :)
or we can work towards making the Sep 13 Rally success
or we can work towards making the Sep 13 Rally success
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ntpatil
04-26 05:17 PM
Thanks UKannan,
That is the first thing I did and the cust rep said it is 1 bag, moreover, she said talk to your travel agent.
Also, it is different to hear from cust rep and then get the actual experience in front of the check-in staff. Hence I was asking recent experiences here.
Please don't get me wrong, but traveling with 2 toddlers, the last thing I want is baggage hassle.
That is the first thing I did and the cust rep said it is 1 bag, moreover, she said talk to your travel agent.
Also, it is different to hear from cust rep and then get the actual experience in front of the check-in staff. Hence I was asking recent experiences here.
Please don't get me wrong, but traveling with 2 toddlers, the last thing I want is baggage hassle.
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vivache
09-21 04:47 PM
Currently since labour is progressing really slowly and considering that it looks like fresh labour will get approved quickly .. but folks will have to wait 4-5 years to get into the 140/485 stage, are there are efforts being made by IV to get dependents say an interim EAD, so that they can start working, rather than be a victim of the process.
I think the biggest casualty of the process are the dependents, who unless qualified to get an h1, have no option but sit at home. I know both male and female dependents in this situation.
Wouldn't it make sense to lobby for an interim EAD in following cases:
1. if labour has not been cleared say for a long time period .. (maybe 2 years), or
2. cleared .. but people have waited a long time period but the dates for 140/485 are not current?
Not sure if this issue has been debated before.
I think the biggest casualty of the process are the dependents, who unless qualified to get an h1, have no option but sit at home. I know both male and female dependents in this situation.
Wouldn't it make sense to lobby for an interim EAD in following cases:
1. if labour has not been cleared say for a long time period .. (maybe 2 years), or
2. cleared .. but people have waited a long time period but the dates for 140/485 are not current?
Not sure if this issue has been debated before.
akhilmahajan
02-10 04:45 PM
First of all Congrats!!!!!!!1
I am just curious, if you were on H-1B or have used EAD. If you had used EAD, did you work during these 3 months.
Infact, I got good news today. My MTR approved after 3 months. My 485 was denied due to withdrawal of I140 by previous employer (AC21 case).
So I had applied MTR and approved today. Looks like USCIS understood the error and approving all MTR (I didn't hear a single MTR rejection on AC21 case )
I am just curious, if you were on H-1B or have used EAD. If you had used EAD, did you work during these 3 months.
Infact, I got good news today. My MTR approved after 3 months. My 485 was denied due to withdrawal of I140 by previous employer (AC21 case).
So I had applied MTR and approved today. Looks like USCIS understood the error and approving all MTR (I didn't hear a single MTR rejection on AC21 case )
petersebastian
04-01 06:00 PM
Apply for GC...as you become illegal its easier to get GC. Only people who legal and law obeying to need to be in line for years.
And I can't apply for a green card, I don't meet the criteria...I'd have to get married with a woman.
And I can't apply for a green card, I don't meet the criteria...I'd have to get married with a woman.
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