mbartosik
07-14 12:26 PM
I thought that the ideal time would be before applying for I485, and thus the dependant spouse would automatically get a gc with which ever spouse got the gc first. So I would think that both applying and getting married before either I485 is submitted, and who ever gets gc first their dependant spouse gets it too.
If the I485 is already filed I don't know if it can be amended.
I'm no attorney so you need to throughly research this.
If the I485 is already filed I don't know if it can be amended.
I'm no attorney so you need to throughly research this.
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Maqrkk
03-04 05:23 AM
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waiting4gc02
02-28 02:33 PM
On the VFS site it lists the following docs:
Spouse / Dependent Children
1. Passport, visa fee receipt issued by HDFC Bank and interview appointment letter.
2. The original Notice of Action Form I-797 of the Principal Applicant.
3. Form I-129 (if Form I-797 is a blanket permit, copy of Form I-797 and I-129) of the Principal Applicant, and letter from employer that describes the relationship with the Principal Applicant and the purpose of travel.
4. Photocopy of the Principal Applicant�s valid visa (if applying separately).
5. Original Marriage Certificate (for spouse) along with your entire wedding photo album.
6. Original Birth certificate (for each child).
The one that stands out is #4.
Since I am in the US and have NOT gone for Visa Stamping, how can we furnish this..??
Thanks
Spouse / Dependent Children
1. Passport, visa fee receipt issued by HDFC Bank and interview appointment letter.
2. The original Notice of Action Form I-797 of the Principal Applicant.
3. Form I-129 (if Form I-797 is a blanket permit, copy of Form I-797 and I-129) of the Principal Applicant, and letter from employer that describes the relationship with the Principal Applicant and the purpose of travel.
4. Photocopy of the Principal Applicant�s valid visa (if applying separately).
5. Original Marriage Certificate (for spouse) along with your entire wedding photo album.
6. Original Birth certificate (for each child).
The one that stands out is #4.
Since I am in the US and have NOT gone for Visa Stamping, how can we furnish this..??
Thanks
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gc28262
02-04 08:45 PM
I have mis-placed my EAD. Normally I can just apply for another EAD. But, I will be travelling to India in Mid March on Advance Parole and I'm not sure if I'll get the EAD by then.
My question is, will they ask for EAD upon re-entry.
I am thinking of applying for EAD after coming back. Is there any special processing for applying for a lost EAD ?
Any advice is appreciated.
EAD is not needed while entering on AP. 485 receipt notice is sufficient documentation while entering on AP.
My question is, will they ask for EAD upon re-entry.
I am thinking of applying for EAD after coming back. Is there any special processing for applying for a lost EAD ?
Any advice is appreciated.
EAD is not needed while entering on AP. 485 receipt notice is sufficient documentation while entering on AP.
more...
kishdam
03-10 10:39 AM
we are going through it right now.
planning to file g-28 only and not AC-21 letter.
Will wait for a RFE to send a AC-21 letter.
Are you self filling G-28 or doing through another lawyer?
Thanks
Thanks for the info.
Planning to thru another lawyer - only because I dont know how to do it on my own and dont want to take any chance. Someone earlier mentioned that if we do it on our own - we may not receive any acknowledgement but if we do it thru antoher lawyer they receive some sort of confirmation.
I am not sure if its true or the logic behind it but thought of going thru a lawyer - he is charging me for both G-28 and AC21 even though AC21 is not done now (which is ok with me).
If RFE does come at some point - do you know how much time we typically have to reply?
planning to file g-28 only and not AC-21 letter.
Will wait for a RFE to send a AC-21 letter.
Are you self filling G-28 or doing through another lawyer?
Thanks
Thanks for the info.
Planning to thru another lawyer - only because I dont know how to do it on my own and dont want to take any chance. Someone earlier mentioned that if we do it on our own - we may not receive any acknowledgement but if we do it thru antoher lawyer they receive some sort of confirmation.
I am not sure if its true or the logic behind it but thought of going thru a lawyer - he is charging me for both G-28 and AC21 even though AC21 is not done now (which is ok with me).
If RFE does come at some point - do you know how much time we typically have to reply?
Gravitation
01-29 02:09 PM
Let's post about IV at our local craigslist chapters. We can't afford to slack off.
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eb3retro
07-08 08:47 AM
Guys,
Need some urgent help. I just efiled my AP for myself, my spouse and my child and when I was done doing it, I noticed that it generated a notice number starting LINXXXXXXX. My problem is this - when I originally filed my I-485 last year during july fiasco, I was located in CA. But currently I am in Texas. That was the address that I input in the application too. But I am not sure why it generated a receipt # with LIN number. May be it was because of the question as to where my 485 is currently pending. The reason I am worried is because, when I filed my EAD exten (thru my lawyer), he had mentioned that he sent the EAD application wrongly to Nebraska instead of sending it to Texas (since I am in texas now), he made me re-do the application and sent it to texas and got me a SRC number for EAD extn. Now, do you think that I am in the right path? Do I need to send the supporting documents to Nebraska or Texas? Or is my AP application fees gone for good. Please help, as this is making me worried too much. Thanks.
anyone??? any thoughts???
Need some urgent help. I just efiled my AP for myself, my spouse and my child and when I was done doing it, I noticed that it generated a notice number starting LINXXXXXXX. My problem is this - when I originally filed my I-485 last year during july fiasco, I was located in CA. But currently I am in Texas. That was the address that I input in the application too. But I am not sure why it generated a receipt # with LIN number. May be it was because of the question as to where my 485 is currently pending. The reason I am worried is because, when I filed my EAD exten (thru my lawyer), he had mentioned that he sent the EAD application wrongly to Nebraska instead of sending it to Texas (since I am in texas now), he made me re-do the application and sent it to texas and got me a SRC number for EAD extn. Now, do you think that I am in the right path? Do I need to send the supporting documents to Nebraska or Texas? Or is my AP application fees gone for good. Please help, as this is making me worried too much. Thanks.
anyone??? any thoughts???
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mrdelhiite
07-01 04:06 PM
Thanks a lot guys .
-M
-M
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micofrost
04-12 03:16 PM
Some where I read that there is no fee for renewal of AP. I am a Jul 07 filer and am not sure about this. Further already applied last for Advance parole and travelled till it got expired last month. I am applying for a new one again. So just wanted to know if I need to pay the fees $305.
So my questions are:
Does the July 07 filers need to send the cheque for $305
Should we also include Biometric fee of $80?
And how much time is it taking these days for AP/
Thanks in advance
There is a confusion regarding who pays what amount.
To avoid the filing date confusion, stick to this simple rule :
If you paid less than $400 ( I do not remeber the exact I-485 fees prior to the increase), then you need to pay for the Ap and EAD, the respective amount. If you paid more than $900 for your I-485 filing, then go file AP and EAD as much as you want.
For either case, you do not have to pay for the biometric. Biometric is only for EAD. Not for AP.
AP takes roughly 45 days.
Hope this is clear.
So my questions are:
Does the July 07 filers need to send the cheque for $305
Should we also include Biometric fee of $80?
And how much time is it taking these days for AP/
Thanks in advance
There is a confusion regarding who pays what amount.
To avoid the filing date confusion, stick to this simple rule :
If you paid less than $400 ( I do not remeber the exact I-485 fees prior to the increase), then you need to pay for the Ap and EAD, the respective amount. If you paid more than $900 for your I-485 filing, then go file AP and EAD as much as you want.
For either case, you do not have to pay for the biometric. Biometric is only for EAD. Not for AP.
AP takes roughly 45 days.
Hope this is clear.
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pa_arora
09-05 01:30 PM
Thankyou guys, appreciate your answers and help.
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sammyb
11-09 03:01 PM
http://www.murthy.com/nflash/nf_051607.html
The regulation bans improper commerce and payment for labor certifications. It bans the sale, barter, or purchase of labor certifications. Employers cannot seek or receive payment of any kind for activity related to the labor certification. This includes payment of the employer's attorney fees and costs. Individuals can pay for their own legal fees for separate representation, but the labor certification is regarded as the employer's cost. If there is dual representation, the employer must pay the attorney fees and related costs. This applies only to the labor certification stage.
Even if the law prohibits it, still companies pass fees and costs to the employee...
The regulation bans improper commerce and payment for labor certifications. It bans the sale, barter, or purchase of labor certifications. Employers cannot seek or receive payment of any kind for activity related to the labor certification. This includes payment of the employer's attorney fees and costs. Individuals can pay for their own legal fees for separate representation, but the labor certification is regarded as the employer's cost. If there is dual representation, the employer must pay the attorney fees and related costs. This applies only to the labor certification stage.
Even if the law prohibits it, still companies pass fees and costs to the employee...
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Bpositive
01-24 12:48 AM
Please..request that only those with personal experience with this respond. I have to decide in the next hour or so and have lawyer opinions already.
Has anyone gone through this?
My H1 is pending 221g admin process (Pink. possibly because I have a Phd in biology) I can't wait much longer as I may risk losing my job. Can I travel on my valid AP? I am not concerned about keeping my H1 status etc. My only concern is at port of entry. Lawyers have told me it is ok, but I would like to hear from people who have done this themselves.
Has anyone gone through this?
My H1 is pending 221g admin process (Pink. possibly because I have a Phd in biology) I can't wait much longer as I may risk losing my job. Can I travel on my valid AP? I am not concerned about keeping my H1 status etc. My only concern is at port of entry. Lawyers have told me it is ok, but I would like to hear from people who have done this themselves.
more...
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sbabunle
08-22 06:58 PM
http://www.competeamerica.org/economy/experts/index.html
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ShilpaT
11-20 02:47 PM
My company had promised that they would start my GC processing once I complete a year which was in March 2009. Since then they have been going back and forth with the lawyers writing the job description to post the job ad.
The lawyer tells us that the department of labour has tightened up the process and so the job description needs to be very generic with minimum number of years of experience(2 for a sr. software engineer) and this has caused a lot of controversy that this will cause an audit and so on and forth.
I am sure there are many other people out there who are applying even now. I do not know if its the lawyer or the company that is causing an issue here.
My only option would be to search for another job who will do my GC. But i dont have so much time left for all that.
What can i do?
The lawyer tells us that the department of labour has tightened up the process and so the job description needs to be very generic with minimum number of years of experience(2 for a sr. software engineer) and this has caused a lot of controversy that this will cause an audit and so on and forth.
I am sure there are many other people out there who are applying even now. I do not know if its the lawyer or the company that is causing an issue here.
My only option would be to search for another job who will do my GC. But i dont have so much time left for all that.
What can i do?
more...
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ras
03-01 10:16 AM
A friend of mine has asked me to join in starting an IT training business in a densely populated Indian business area (California). The thought process is that there may be many people who have been laid off and may be wanting to learn new technologies. There are no gotchas of luring students for H1/GC etc. The primary reason is that we are experts in Microsoft technologies and we just want to impart training in this domain. However, in these hard economic times few friends have asked us to rethink about this proposition. There are 1 or 2 training institutes around, but we feel we have edge over others in few ways. And we are not eying for a big market share.
Further to it, we want to launch other products once the training is established.we were just looking for a platform. We feel the training will give us that platform.
Unlike other training organizations who propose free training and then H1/GC etc, we just intend to impart training and that's it no strings attached.
Plain simple if you could give a honest opinion on this business proposition that would be great. Proposing this topic to analyze argue and know the others perspective.
This is just to solicit feedback and analyze a startup option and please do not jump guns on saying that this is going to be a bodyshopping company then will recruit H1 etc.
Further to it, we want to launch other products once the training is established.we were just looking for a platform. We feel the training will give us that platform.
Unlike other training organizations who propose free training and then H1/GC etc, we just intend to impart training and that's it no strings attached.
Plain simple if you could give a honest opinion on this business proposition that would be great. Proposing this topic to analyze argue and know the others perspective.
This is just to solicit feedback and analyze a startup option and please do not jump guns on saying that this is going to be a bodyshopping company then will recruit H1 etc.
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pinganand
07-04 10:35 PM
Hi,
My spouse (Indian citizen) has received an RFE for her derivative I485 application.
Her birth certificate has a different first name than her passport. We had filed the birth certificate and an affidavit from her parents attesting to the change. But that doesn't seem to be sufficient.
The RFE states:
"Your birth certificate indicates that your first name is XXX and not YYY. Please explain and submit additional documentation in support of your claim".
...
"Copies of the personal pages in your passport OR affidavits are not sufficient to establish a legal name change. Court documents submitted as evidence of name change must have been registered with the proper civil authority".
We now plan to submit the following:
1. Court Affidavit filed by my spouse's father at that time of legal name change, at age 3. This affidavit was before a Sessions Judge in India. This was the legal process of changing her name at that time.
Will this be sufficient? We don't understand what it means for a court document to be registered with the proper civil authority. Can you please advice?
2. My spouse has a Certificate of Age, Domicile and Nationality issued by the State Goverment of Maharashtra that refers to the new first name and also refers to the birth certificate as well, as proof.
Will that count as sufficient "registration with civil authority"?
I would appreciate if someone who has go through this issue would comment on the proper ways of addressing this.
thanks!
Anand
My spouse (Indian citizen) has received an RFE for her derivative I485 application.
Her birth certificate has a different first name than her passport. We had filed the birth certificate and an affidavit from her parents attesting to the change. But that doesn't seem to be sufficient.
The RFE states:
"Your birth certificate indicates that your first name is XXX and not YYY. Please explain and submit additional documentation in support of your claim".
...
"Copies of the personal pages in your passport OR affidavits are not sufficient to establish a legal name change. Court documents submitted as evidence of name change must have been registered with the proper civil authority".
We now plan to submit the following:
1. Court Affidavit filed by my spouse's father at that time of legal name change, at age 3. This affidavit was before a Sessions Judge in India. This was the legal process of changing her name at that time.
Will this be sufficient? We don't understand what it means for a court document to be registered with the proper civil authority. Can you please advice?
2. My spouse has a Certificate of Age, Domicile and Nationality issued by the State Goverment of Maharashtra that refers to the new first name and also refers to the birth certificate as well, as proof.
Will that count as sufficient "registration with civil authority"?
I would appreciate if someone who has go through this issue would comment on the proper ways of addressing this.
thanks!
Anand
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davesmith
01-30 11:47 AM
Hi Friends,
Thanks for answering all my question and I really appreciate all of you for sharing your experience.
I am new to all these and seeking for Family based GC category 2A applied in May 2005. According to the date in VB for the month of FEB we should get GC as of now but didn't happen.
I am confused about the "Note" that is written under the Family Based PREFERENCES chart in VB. Could some one make me understand in simple language what the below note says?
*NOTE: For February, 2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 01MAR04. 2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 01MAR04 and earlier than 01MAR06. (All 2A numbers provided for MEXICO are exempt from the per-country limit; there are no 2A numbers for MEXICO subject to per-country limit.)
Please reply.
Thanks a Lot
Thanks for answering all my question and I really appreciate all of you for sharing your experience.
I am new to all these and seeking for Family based GC category 2A applied in May 2005. According to the date in VB for the month of FEB we should get GC as of now but didn't happen.
I am confused about the "Note" that is written under the Family Based PREFERENCES chart in VB. Could some one make me understand in simple language what the below note says?
*NOTE: For February, 2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 01MAR04. 2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 01MAR04 and earlier than 01MAR06. (All 2A numbers provided for MEXICO are exempt from the per-country limit; there are no 2A numbers for MEXICO subject to per-country limit.)
Please reply.
Thanks a Lot
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rangaswamy
08-29 06:04 PM
Best bet would be to talk to the Office of International Students in the university.
go with OPT and then when thats almost over.. then you can switch to EAD.../find alternatives
NO ssn tax on OPT ... which is a good advantage for you..
A
go with OPT and then when thats almost over.. then you can switch to EAD.../find alternatives
NO ssn tax on OPT ... which is a good advantage for you..
A
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pappu
03-10 10:42 AM
Any body has a soft LUD on approved EAD while I 485 pending.
Soft LUD ????
It just shows how much some of us are in the dark with misinformation from forums.
Soft LUD ????
It just shows how much some of us are in the dark with misinformation from forums.
synergy
01-29 11:29 PM
I am on H1B for the past 8 years. EB3 2003 Jan /140 approved long back. Has a valid EAD but never used. I recently changed my employer and the new employer did H1B transfer rather than using EAD.The company lawyer submitted an AC21 application along with the H1b transfer. Due to some family reasons ,the new job seems to be not going to work for me. Is it possible for me to find another job and work under my EAD ? What will happen my new empoyer cancel my H1B ?How many times I can use AC21? Is there a time difference before using the AC21 ?
TheOmbudsman
06-14 10:27 AM
That's expected. The CIR contains highly controversial language there dealing with illegal aliens, which is clearly opposed by the majority of Americans. We are in the middle of it. That is it. It is silly expect otherwise. If you follow the results of last elections, you will see that there is a tendency that supporters of illegal alien legalization are losing. More and more we associate our provisions with CIR, less chances for us to see a bill passing.
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