txh1b
08-16 05:14 PM
1. Depends on the IO. Most of them take you for the interview together unless the legitamacy of your marriage is in question which will not likely be the case for employment based GC unless the marriage was close to the visa bulletin date or similar.
2. You can take any attorney you want to however it is not needed if your case is straight forward. If you have out of stay period , gap in employment and criminal issue, an attorney can just advise you in case the IO asks something that is against the law or you answering the question might prove to have bad consequences. The attorney cannot answer any of the questions asked. Take all documents and not just the ones mentioned in the interview. It would help you for any out of the way questions.
AN attorney is really not needed for many cases unless you have any criminal convictions or borderline legal points to make you eligible for the 485.
2. You can take any attorney you want to however it is not needed if your case is straight forward. If you have out of stay period , gap in employment and criminal issue, an attorney can just advise you in case the IO asks something that is against the law or you answering the question might prove to have bad consequences. The attorney cannot answer any of the questions asked. Take all documents and not just the ones mentioned in the interview. It would help you for any out of the way questions.
AN attorney is really not needed for many cases unless you have any criminal convictions or borderline legal points to make you eligible for the 485.
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rajev_kk
07-14 11:17 PM
Thanks for the information.
breddy2000
12-16 12:22 PM
A freind of mine had two years EAD and don't have H1 anymore. His drivers License was denied as EAD is not considered a valid document for drivers License extention.
This happened in Wayne , NJ.
I too will be going for the renewal soon. Did anyone else faced similar situtation. If yes, how did they resolve?
It quiet common that each office follows different rules.
No harm in trying at different offices. As someone suggested take the printout of the valid identification cards and you should be all set.
This happened in Wayne , NJ.
I too will be going for the renewal soon. Did anyone else faced similar situtation. If yes, how did they resolve?
It quiet common that each office follows different rules.
No harm in trying at different offices. As someone suggested take the printout of the valid identification cards and you should be all set.
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hbk
04-14 07:57 PM
Hello,
I have applied for H1B Extension for 3 years based on I-140 approval at VSC under premium processing.
Just want to know that I have submiited following documents along with it, are they sufficient/enough to get approval?
1. Resume
2. Master's mark sheets,Degree & Transcript
3. Bachelor's Mark Sheets,Degree & Transcript
4. Previous H1B Approval Copies
5. Old & New passport copies
6. I-94 Copy (Front & Back)
7. Client Letter with resposiblities,role,technologies & project details (without end date)
8. Business card for me from client
9. Business card for Client Manaager
10. Vendor Letter with resposiblities & project details (stating that can't provide contract papers between vendor & client due to client's policy)
11. Last six months pay checks.
12. Last three years W2’s (2007, 2008, 2009)
13. Copy of I-140(EB-2) Approval notice
14. SSN Copy
15. Driver License Copy
16. Degree evaluation report
17. Contract papers between employer & vendor (not purchase/work order)
18. Employment Offer Letter between Employer and Employee
Model : Employer(Consulting) --> Vendor --> Client
Working for this client from last 20 months.
Above documents are enough to get approval ?
What are the chances of RFE?
What are the chances of approval without & with RFE ?
I will greatly appreciate your response.
Thanks.
I have applied for H1B Extension for 3 years based on I-140 approval at VSC under premium processing.
Just want to know that I have submiited following documents along with it, are they sufficient/enough to get approval?
1. Resume
2. Master's mark sheets,Degree & Transcript
3. Bachelor's Mark Sheets,Degree & Transcript
4. Previous H1B Approval Copies
5. Old & New passport copies
6. I-94 Copy (Front & Back)
7. Client Letter with resposiblities,role,technologies & project details (without end date)
8. Business card for me from client
9. Business card for Client Manaager
10. Vendor Letter with resposiblities & project details (stating that can't provide contract papers between vendor & client due to client's policy)
11. Last six months pay checks.
12. Last three years W2’s (2007, 2008, 2009)
13. Copy of I-140(EB-2) Approval notice
14. SSN Copy
15. Driver License Copy
16. Degree evaluation report
17. Contract papers between employer & vendor (not purchase/work order)
18. Employment Offer Letter between Employer and Employee
Model : Employer(Consulting) --> Vendor --> Client
Working for this client from last 20 months.
Above documents are enough to get approval ?
What are the chances of RFE?
What are the chances of approval without & with RFE ?
I will greatly appreciate your response.
Thanks.
more...
hsingh82
02-24 02:41 PM
Yes this is discussion forum but we have Job to get it done through our members. if members doesn't help us financially then we are loosing our edge. Nothing is free here (America), all actions are cost associated with it just calling senator or writing letter is just part of action.we need to convince our fellow member to contribute financially like donating money for good cause.Thanks
I agree with you that IV needs money for the good cause and it has to come from donations. All I am saying is if someone like me who is on H1B and can't fill the profile wants to reply to someone's query then IV should not be charging me for that because I have no dates in my profile. Money has to be generated but not at the cost of popularity of IV and defeating the purpose of IV as a common platform for all legal immigrants.
I agree with you that IV needs money for the good cause and it has to come from donations. All I am saying is if someone like me who is on H1B and can't fill the profile wants to reply to someone's query then IV should not be charging me for that because I have no dates in my profile. Money has to be generated but not at the cost of popularity of IV and defeating the purpose of IV as a common platform for all legal immigrants.
signin241
07-24 08:39 PM
Problem is that Affidavits and the Birth certificate has their names in 1 way and that is different when compared to the passport. That's the problem.
more...
smads
03-05 06:18 PM
Please help me out with my question.
My H1B Visa and I-94 thant came along with the paperwork is valid from 03/2006 thru 03/2009. this would be my 1st 3 years.
I reentered the country in 12/06 and my passport then was expiring by 05/07. So the immigration officer stamped the I-94 that i recieved in the flight, filled out the back of the card with my EAC # and Employer name and then wrote on the stamp
"H-1B
May-22-2007
(validity of ppt)"
i just saw this today 03/05/08....somebody please tell me they know what to do in this case....
1)should i leave the country and surrender it and pretend like nothing happened? would it be very risky?
2) should i inform my employer....i know they will freakout and ask me to stop working till this is sorted out
3) do i need to file for an extention?
4)do i need some sort of petition?
much appreciated
thanks,
smads
My H1B Visa and I-94 thant came along with the paperwork is valid from 03/2006 thru 03/2009. this would be my 1st 3 years.
I reentered the country in 12/06 and my passport then was expiring by 05/07. So the immigration officer stamped the I-94 that i recieved in the flight, filled out the back of the card with my EAC # and Employer name and then wrote on the stamp
"H-1B
May-22-2007
(validity of ppt)"
i just saw this today 03/05/08....somebody please tell me they know what to do in this case....
1)should i leave the country and surrender it and pretend like nothing happened? would it be very risky?
2) should i inform my employer....i know they will freakout and ask me to stop working till this is sorted out
3) do i need to file for an extention?
4)do i need some sort of petition?
much appreciated
thanks,
smads
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chanduv23
09-25 10:44 AM
We should send this to all lawmakers - post it on IV and post it on blogs - print and distribute
more...
dealsnet
02-26 10:31 AM
Don't give advise, if you are not sure.
Nobody can file AOS, if they are out of status.
If it was the case every one will make it that way.
Your advise is good, if she is in status. Filing I-485, AP, EAD ....ETC.
She need to consult a reputed immigration lawyer first before the marriage.
Out of status more than 6 months will trigger a ban from 3 to 10 years.
CONSULT A LAWYER.
If you get married to him you shouldn't have any issue. After you get married you should have him file an immigrant petition (I-130) along with the adjustment of status (I-485). You will also have to file a biographic information sheet (G-325) along with an affidavit of support (I-864) and medical examination (I-693). You can also file for employment authorization (EAD), form I-765 if you want to work and Advance parole (I-131) if you need to travel outside the US. Supporting documents such as birth certificates, marriage certificate and photos will be required.
All these forms are available at the USCIS website.
They will ask you to come for fingerprining at a biometric center in a few weeks.
After a few months, you will be called for an interview to determine if your marriage is bonafide. If successful, you will be given what's called a conditional residency. 90 days before the two year anniversary of your conditional residency, you and your husband have to jointly apply for removal of conditions (form I-751), upon which you will be granted full permanent residency. After the third year, if you're still married, you can apply for US Citizenship.
Goodluck with the process !
Disclaimer: I am not a lawyer and the advice in this post no way constitutes any kind of legal advice and I accept no liability for any of the advice in this post.
Nobody can file AOS, if they are out of status.
If it was the case every one will make it that way.
Your advise is good, if she is in status. Filing I-485, AP, EAD ....ETC.
She need to consult a reputed immigration lawyer first before the marriage.
Out of status more than 6 months will trigger a ban from 3 to 10 years.
CONSULT A LAWYER.
If you get married to him you shouldn't have any issue. After you get married you should have him file an immigrant petition (I-130) along with the adjustment of status (I-485). You will also have to file a biographic information sheet (G-325) along with an affidavit of support (I-864) and medical examination (I-693). You can also file for employment authorization (EAD), form I-765 if you want to work and Advance parole (I-131) if you need to travel outside the US. Supporting documents such as birth certificates, marriage certificate and photos will be required.
All these forms are available at the USCIS website.
They will ask you to come for fingerprining at a biometric center in a few weeks.
After a few months, you will be called for an interview to determine if your marriage is bonafide. If successful, you will be given what's called a conditional residency. 90 days before the two year anniversary of your conditional residency, you and your husband have to jointly apply for removal of conditions (form I-751), upon which you will be granted full permanent residency. After the third year, if you're still married, you can apply for US Citizenship.
Goodluck with the process !
Disclaimer: I am not a lawyer and the advice in this post no way constitutes any kind of legal advice and I accept no liability for any of the advice in this post.
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eb3retro
06-04 07:25 AM
dude..have some patience, people will respond. you dont need to open multiple threads for the same question..
I applied for H1-B visa on April 2007 and the petition was approved from October 2007 to 26Th of September 2010 but when I came to USA consulate office to get the visa it became pending putting under administrative processing. It took almost 3 years to get the reconfirmation and last week I received the visa.
The visa issuing date is 27Th May and the expiry date is 24Th August but there is another date in bottom right part of it as PED : 26 September 2010 which is my petition's expiry date.
Now I am planning to move to USA for a long term stay so that I am selling my stuff, renting my house,.. and I just got confused by considering this date.Does this mean my visa will be expire on September and my H1 visa is just for some months? In this case does this mean I have lost 3 years of the total 6 years of the H1 visa? or the the officer issuing the visa on I-94 form in the ports of entry can issue the visa for 3 years as a normal H1-B visa?
I have arranged with my employer to start the job on 10Th of July and I will enter USA on 8Th, so up to 26Th of September which is the PED date will be less than 3 months and if the white I-94 card that will be in my passport should correspond with the expiration of the petition, the total of my work duration, will be less than 3 months which really doesn't make sense at all but as it seems that's it!
It seems now the only way is to apply for H1-b extension. So there will be these questions:
1- how will be the process and how much are the fees?
2- How long does it take?
3- Do I have to go back to my home country to get the new stamp for extension?
4- Is there any way to renew it in USA ?
5- Is 2.5 months of work enough to apply for extension? or I have to come sooner if it is really necessary.
6- In my first interview on 2007 they got all the original documents from me and never return them back to me. should I ask for duplication?
7- Is there anything else that my employer and I should know and consider?
I have to know the answers to these questions, first to arrange with employer and to see if they are interested and also to decide about our stuff, jobs, properties,... in my home country before entring the USA, otherwise it can be the loose of everything for us.
Please help me
I applied for H1-B visa on April 2007 and the petition was approved from October 2007 to 26Th of September 2010 but when I came to USA consulate office to get the visa it became pending putting under administrative processing. It took almost 3 years to get the reconfirmation and last week I received the visa.
The visa issuing date is 27Th May and the expiry date is 24Th August but there is another date in bottom right part of it as PED : 26 September 2010 which is my petition's expiry date.
Now I am planning to move to USA for a long term stay so that I am selling my stuff, renting my house,.. and I just got confused by considering this date.Does this mean my visa will be expire on September and my H1 visa is just for some months? In this case does this mean I have lost 3 years of the total 6 years of the H1 visa? or the the officer issuing the visa on I-94 form in the ports of entry can issue the visa for 3 years as a normal H1-B visa?
I have arranged with my employer to start the job on 10Th of July and I will enter USA on 8Th, so up to 26Th of September which is the PED date will be less than 3 months and if the white I-94 card that will be in my passport should correspond with the expiration of the petition, the total of my work duration, will be less than 3 months which really doesn't make sense at all but as it seems that's it!
It seems now the only way is to apply for H1-b extension. So there will be these questions:
1- how will be the process and how much are the fees?
2- How long does it take?
3- Do I have to go back to my home country to get the new stamp for extension?
4- Is there any way to renew it in USA ?
5- Is 2.5 months of work enough to apply for extension? or I have to come sooner if it is really necessary.
6- In my first interview on 2007 they got all the original documents from me and never return them back to me. should I ask for duplication?
7- Is there anything else that my employer and I should know and consider?
I have to know the answers to these questions, first to arrange with employer and to see if they are interested and also to decide about our stuff, jobs, properties,... in my home country before entring the USA, otherwise it can be the loose of everything for us.
Please help me
more...
pcs
07-31 01:57 PM
Both same employer
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senthil1
04-30 11:01 PM
I heard that you can get more updates from IV if you become donor. You can try that.
What is the agenda now?
What is the agenda now?
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yjprakash
10-20 04:07 PM
I faxed expedite processing request on last Tuesday and sent email to Ombudsman.
there was soft LUD on same day (address change) on my 485 & EAD & AP. Today status changed to card ordered for production. what a relief!!!!!!!!!
but any thing can happen till it comes to my hand
Here is the fax number for NSC 4022196344
I have infopass appointment on 24th. Should I go or cancel that appointment now ???
there was soft LUD on same day (address change) on my 485 & EAD & AP. Today status changed to card ordered for production. what a relief!!!!!!!!!
but any thing can happen till it comes to my hand
Here is the fax number for NSC 4022196344
I have infopass appointment on 24th. Should I go or cancel that appointment now ???
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indyanguy
01-18 01:00 PM
diptam - Thanks for the reply. The letters I had sent earlier is very similar to the template of the letter you posted. I am going to get new letters and send them over. Hopefully, it will get me out of this crazy 140 delay.
getrdone - By the labor application, I assume you are talking about the approved labor certificate that lists the experience and skills? If so, yes I do have a copy of it and will be including this language in the letters.
By the way, is it required to send 2 letters from each employer?
getrdone - By the labor application, I assume you are talking about the approved labor certificate that lists the experience and skills? If so, yes I do have a copy of it and will be including this language in the letters.
By the way, is it required to send 2 letters from each employer?
more...
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mhkumar
03-25 02:23 PM
Everyone please create your own account at http://www.whitehouse.gov/OpenForQuestions/ (search with keyword immigration), and vote for all the questions favoring legal immigration so that those question will get more attention.
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nlssubbu
12-05 03:22 PM
Hi,
I have my AP approved and H1B approved until 2010 but have an expired H1B Visa and I plan to extend my H1B visa some time next year.
I am planning on some business trips and would like to re-enter US multiple times using my Advance parole. Any issues with this?
Once I re enter using AP, can I go back to India and apply for H1B visa extension based on the approved H1B.
Appreciate your responses on this.
Thanks,
Bitz
Multiple entry AP allow you to enter many times. You will get 3 copies, of which 1 will be retained by the Airlines, 2nd at the POE, 3rd after stamping back to you by the Officer. You can use the 3rd one for the subsequent trips and do not hand it over to anyone. (Request the Airlines and Officer to take copies of it, if they want).
If you have time and money during your trip back home, you may get your H1 visa stamp, but it is not necessary.
Thanks
I have my AP approved and H1B approved until 2010 but have an expired H1B Visa and I plan to extend my H1B visa some time next year.
I am planning on some business trips and would like to re-enter US multiple times using my Advance parole. Any issues with this?
Once I re enter using AP, can I go back to India and apply for H1B visa extension based on the approved H1B.
Appreciate your responses on this.
Thanks,
Bitz
Multiple entry AP allow you to enter many times. You will get 3 copies, of which 1 will be retained by the Airlines, 2nd at the POE, 3rd after stamping back to you by the Officer. You can use the 3rd one for the subsequent trips and do not hand it over to anyone. (Request the Airlines and Officer to take copies of it, if they want).
If you have time and money during your trip back home, you may get your H1 visa stamp, but it is not necessary.
Thanks
more...
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raju_abc
07-23 11:20 AM
It's not consultant, you mean to say that you applied through an agent. Know that you are the consultant but not the company or anyone else.
ya , in ur words agents
ya , in ur words agents
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bushman06
08-20 06:43 PM
I have travelled on an about to expire passport. It US immigration officer was nice and asked to promise him that I would renew my passport as soon as I got home.
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Nagireddi
08-10 11:46 AM
Please stop this insanity and concentrate on good work.
chanduv23
11-06 09:36 PM
A wonderful initiative. Good luck, once the group grows, plan for seminars, workshops, involve more IV members and energize our community
Hong12
12-13 11:23 AM
I have a big problem that I got approved on the H1 Recapture to get back into US on January 15, 09 though my attorney screwed up by putting someone else background into the Petition Letter submitted to USCIS with my application. The petition letter to USCIS is all wrong. It states the wrong education, work experience and job duty. They put somebody else background into mine. They put the correct sponsoring company on the first page of the letter though at the end of the second page they put the wrong sponsoring company. In this case, what should I do and what should I answer at the US Consular in Malaysia to get my H1 Visa? What should I do now? Please advise. Do I have to resubmit the application back to USCIS? Will I get rejected? Please help. Thank you very much.
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