ebizash
08-03 10:20 AM
Good Idea!
shishya
04-30 11:13 AM
Hi,
I am lost trying to find information on this.
Here's the situation for adding my wife to my I-485 application (we are from India). We DO have her 100% correct birth certificate we got issued last month.
However, since the issue date on it is April 2011, our lawyer insists that we need affidavits from her parents as well (perhaps to avoid RFEs). Further the lawyer insists that the Foreign Affairs Manual for India states that these be sworn in front of a first class magistrate of India.
When her parents went to the local court and request the first class magistrate, the court officer is demanding that we have a sealed copy of the requesting authority (USCIS) that clearly states that a first class magistrate's signature is required!
Questions:
(i) Is the affidavit supposed to be sworn in front of first class magistrate? Even if we have a corrected birth certificate?? Or can it be signed by an 'Executive Magistrate' or maybe even just notarized??
(ii) If yes, did someone else face a similar issue?
(iii) If yes, is there a USCIS document I could send to satisfy their demand?
I did try to find a USCIS document but all it states is that ... IF the birth certificate is unavailable ... then "sworn affidavits" need to accompany non-availability certificate from a competent local government authority.
Please advise :(
PS: FYI, they went to the Palghar court in Maharashtra, India.
I am lost trying to find information on this.
Here's the situation for adding my wife to my I-485 application (we are from India). We DO have her 100% correct birth certificate we got issued last month.
However, since the issue date on it is April 2011, our lawyer insists that we need affidavits from her parents as well (perhaps to avoid RFEs). Further the lawyer insists that the Foreign Affairs Manual for India states that these be sworn in front of a first class magistrate of India.
When her parents went to the local court and request the first class magistrate, the court officer is demanding that we have a sealed copy of the requesting authority (USCIS) that clearly states that a first class magistrate's signature is required!
Questions:
(i) Is the affidavit supposed to be sworn in front of first class magistrate? Even if we have a corrected birth certificate?? Or can it be signed by an 'Executive Magistrate' or maybe even just notarized??
(ii) If yes, did someone else face a similar issue?
(iii) If yes, is there a USCIS document I could send to satisfy their demand?
I did try to find a USCIS document but all it states is that ... IF the birth certificate is unavailable ... then "sworn affidavits" need to accompany non-availability certificate from a competent local government authority.
Please advise :(
PS: FYI, they went to the Palghar court in Maharashtra, India.
indianindian2006
05-30 11:12 AM
I guess in that case there would be a conference between house and senate,and the conferees will be decided by Harry Reid and Nancy Pelosi,they would sort out the differences in the bill and then would send it back to house and senate for a vote.
chanduv23
01-24 10:22 AM
Tri Staters - please make it to this social event.
more...
GC4US
08-29 12:36 PM
USCIS had issued a Direct Filing Update which stated that if the application was filed after July 30, it would have to be filed at the center which has jurisdiction over the state the applicant lives in, which in your case is Massachusetts.
USCIS has been transfering a lot of applications between the various service centers lately due to the July fiasco. Based on reports from the Ombudsman, USCIS is trying to avoid any unnecessary rejections, and take a more 'customer service' based approach, so hopefully you will be ok, and they'll just transfer the case to the appropriate service center.
I'm not a lawyer by any means, so please use this advice at your own discretion.
Good luck!
Thank you so much nefrateedi,
I feel a little bit relieved now.
I read now about Direct Filing....and I understood that if you apply after july 30...you can send the application either to Nebraska or Texas. Hopefully I'm right in this matter.
Thanks again
USCIS has been transfering a lot of applications between the various service centers lately due to the July fiasco. Based on reports from the Ombudsman, USCIS is trying to avoid any unnecessary rejections, and take a more 'customer service' based approach, so hopefully you will be ok, and they'll just transfer the case to the appropriate service center.
I'm not a lawyer by any means, so please use this advice at your own discretion.
Good luck!
Thank you so much nefrateedi,
I feel a little bit relieved now.
I read now about Direct Filing....and I understood that if you apply after july 30...you can send the application either to Nebraska or Texas. Hopefully I'm right in this matter.
Thanks again
nashim
07-16 04:06 PM
1) Yes
2) Yes
3) approval letter from my previous employer is not required. Old employer can revoke I-140 any time not PD
2) Yes
3) approval letter from my previous employer is not required. Old employer can revoke I-140 any time not PD
more...
samu
04-11 10:20 AM
Planning to apply GC in 2008 jan or sometime will it be fine. that time my H1 completes 4 yrs. How long will it take labour? will it be over by 2010?
once i file labour and if not cleared by 2010(h1 completes 6 yrs). i must go back india? right?
no other solution for this?
pls help me.
once i file labour and if not cleared by 2010(h1 completes 6 yrs). i must go back india? right?
no other solution for this?
pls help me.
bp333
07-17 08:06 PM
Great job folks. Justice Prevails!
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raj1998
02-05 02:24 PM
I applied I-485 in July 2007. But didn't apply for EAD/AP. I applied for EAD for the first time now, few days back and I was asked by my lawyer a check of $340 as application fee.
Hope this helps !!
Hope this helps !!
hopefulgc
08-03 02:25 PM
I like the idea of linking to the High-5 campaign a lot.
$5 sounds like a resonable donation for replies to a harrowing immigration question from experts who have lived it, seen it, done it.
BTW... Could we have a link that bring one to the paypal page directly where you could choose from a drop-down from $5, $10, $20... More like one click donation.
This would save potential donors from having to sift through the Contribution page and locate the place to click to get to the paypal page. It is likely lead to a lot of "conversions".
Just a thought
$5 sounds like a resonable donation for replies to a harrowing immigration question from experts who have lived it, seen it, done it.
BTW... Could we have a link that bring one to the paypal page directly where you could choose from a drop-down from $5, $10, $20... More like one click donation.
This would save potential donors from having to sift through the Contribution page and locate the place to click to get to the paypal page. It is likely lead to a lot of "conversions".
Just a thought
more...
tpcool
05-31 06:50 PM
vxb2004, thanks for the response and the wishes.
Ok, I got your point that since my I-140 is not approved yet, it is not safer to move at this point, but what would be your opinion, if my I-140 is approved. If it is Ok to move, once my I-140 is approved, then I can probably start preparing my ground work for this transition and hopefully the I-140 comes through in the coming 3 to 6 months.
One another question along the same lines - I haven't used my EAD yet and still on H1. Does the AC21 portability rules apply even in with the EAD? what is the use of the EAD then. EAD is supposed to be generic right?
Ok, I got your point that since my I-140 is not approved yet, it is not safer to move at this point, but what would be your opinion, if my I-140 is approved. If it is Ok to move, once my I-140 is approved, then I can probably start preparing my ground work for this transition and hopefully the I-140 comes through in the coming 3 to 6 months.
One another question along the same lines - I haven't used my EAD yet and still on H1. Does the AC21 portability rules apply even in with the EAD? what is the use of the EAD then. EAD is supposed to be generic right?
desi3933
06-24 12:13 PM
..........
My questions are:
1. What happens to my wife's I-485 application, should I choose to leave my job and go back to school ?
2. Will her EAD still be valid if I leave my job ?
2. I am planning to go full-time starting Fall 2010. Will we be able to renew her EAD independent of my work status ?
Thanks a lot for your time and attention,
1. No Impact. Since you have been working for GC employer for a while, you can use green card to work for any employer, study, or not to work at all.
2. Her EAD is based on her I-485 application. Her EAD will be valid.
3. See #2.
Good Luck.
__________________
Not a legal advice.
My questions are:
1. What happens to my wife's I-485 application, should I choose to leave my job and go back to school ?
2. Will her EAD still be valid if I leave my job ?
2. I am planning to go full-time starting Fall 2010. Will we be able to renew her EAD independent of my work status ?
Thanks a lot for your time and attention,
1. No Impact. Since you have been working for GC employer for a while, you can use green card to work for any employer, study, or not to work at all.
2. Her EAD is based on her I-485 application. Her EAD will be valid.
3. See #2.
Good Luck.
__________________
Not a legal advice.
more...
illinois_alum
09-02 04:40 PM
How long did it take them to send the SR response? When did u open the SR? Thanks in advance...
I think this is a standard response...saw it on some other post as well...
I think this is a standard response...saw it on some other post as well...
snathan
09-29 11:11 PM
Whats your legal status. If you are a USC, you can bring in Fiance visa.
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Ram_C
12-06 12:11 PM
bump
EndlessWait,
nothing to worry about, it happened to me too,
I opened an SR and two weeks later my wife got FP and I didn't, I thought I'll wait for a week or two but in vain. When I gave a follow-up call I came to know that FP was scheduled at my Attorney's place (I live in west coast and I was scheduled to attend FP at ASC in East coast) and the twist is my attorney never received it.on top of it when I asked the Rep about possibility of scheduling an FP at my place she advised me to file AR-11 form, at this point it was very clear to me that Rep doesn't have a clue on what she is talking about. the very next day I was luck to get hold of nice rep who said I quote
" I don't understand why these people schedule FP at attorney�s location"
he apologized and said he will open an SR to reschedule at my location and he assured me that this time it will be at my location, which I got in couple of weeks.
Hope you will get your FP notice soon.
good luck:)
EndlessWait,
nothing to worry about, it happened to me too,
I opened an SR and two weeks later my wife got FP and I didn't, I thought I'll wait for a week or two but in vain. When I gave a follow-up call I came to know that FP was scheduled at my Attorney's place (I live in west coast and I was scheduled to attend FP at ASC in East coast) and the twist is my attorney never received it.on top of it when I asked the Rep about possibility of scheduling an FP at my place she advised me to file AR-11 form, at this point it was very clear to me that Rep doesn't have a clue on what she is talking about. the very next day I was luck to get hold of nice rep who said I quote
" I don't understand why these people schedule FP at attorney�s location"
he apologized and said he will open an SR to reschedule at my location and he assured me that this time it will be at my location, which I got in couple of weeks.
Hope you will get your FP notice soon.
good luck:)
cbpds
06-18 02:39 PM
Hi,
I came to US in 2004, my H1 visa was sponsored by cognizant technology solutions. H1 was valid from Nov 04 to Dec 06. later on my I 94 was extended from Dec 06 to July 09 .
I changed company and joined wipro in Aug 08 and now my I 94 is now valid till July 2010.
I have never gone back to India for a visit ever since I landed in US (2004)..I now want to go to India for few months and have read that i'll have to get my visa stamped before reentering US...
My question is if i'll have any problems with visa stamping because I was originally working with cognizant and am now working with wipro?..Am I out of status since my original visa expired in 2006 ?...pls help
u never went to india since 5 years, your crazy :)
I came to US in 2004, my H1 visa was sponsored by cognizant technology solutions. H1 was valid from Nov 04 to Dec 06. later on my I 94 was extended from Dec 06 to July 09 .
I changed company and joined wipro in Aug 08 and now my I 94 is now valid till July 2010.
I have never gone back to India for a visit ever since I landed in US (2004)..I now want to go to India for few months and have read that i'll have to get my visa stamped before reentering US...
My question is if i'll have any problems with visa stamping because I was originally working with cognizant and am now working with wipro?..Am I out of status since my original visa expired in 2006 ?...pls help
u never went to india since 5 years, your crazy :)
more...
insbaby
04-30 12:45 PM
Why is the issue date matter?
When was the birth registered? If it says recently, then you should go thru the process.
If the birth was registered proerly at right time, you will not have problems.
Reissuance of birth certificates are very common. Expecting one to own 27 years old document is ridiculous.
When was the birth registered? If it says recently, then you should go thru the process.
If the birth was registered proerly at right time, you will not have problems.
Reissuance of birth certificates are very common. Expecting one to own 27 years old document is ridiculous.
meda
05-13 08:40 AM
Just got response for my SR saying there is a RFE on my case and the letter is sent to my attorney. No update or no SLUD, LUD online. No RFE on spouse case but still waiting.
illinois_alum
09-02 04:40 PM
How long did it take them to send the SR response? When did u open the SR? Thanks in advance...
I think this is a standard response...saw it on some other post as well...
I think this is a standard response...saw it on some other post as well...
dixie
11-28 11:51 AM
Its just like how introducing the PERM system sped up labor certification, but increased retrogression several times. Guess we have to learn from that. FBI name checks are already taking 2+ years, you can imagine what will happen if all the retrogressed PDs become current overnight.
wandmaker
10-07 07:36 PM
My wife is in a similar situation. I-94 validity matches passport expiry (Dec 2008) , but H1 visa stamp is until Mar 2010. She has a new passport, but we are not sure if she will be out of status if she does not get a new I-94 and stays in the country beyond Dec 2008.
Get your I-94 corrected - BTW, staying beyond I-94 date is unlawful and you will be barred from entering US.
Get your I-94 corrected - BTW, staying beyond I-94 date is unlawful and you will be barred from entering US.