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  • ss2005
    07-24 10:17 AM
    Hi hydubadi,

    I am aslo in same situation ... FNU and Pending 485.

    My attorney says... just write a letter after chaning the name in passport. Mine is a name split issue.

    My old passport has Last Name = Last Name + First NAme and First NAme = Blank and visa etc it is FNU


    I got my H1B visa inside the US and when I went to the consulate, the lady refused to stamp my visa. I had to go to the passport office and get an "observation" that my name should be read as
    First Name : "FirstName"
    Last Name : "LastName"





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  • go_gc_way
    05-23 10:22 PM
    A job well done Salil Pradhan ..

    I think , Article rightly points out .. "We all have a tremendous sense of insecurity and uncertainty about the future".





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  • tempgc
    09-24 01:25 PM
    Source OH law firm (immigration-law.com)

    No one should be surprised by the Los Angeles Times report that the USCIS is "considering" but not yet decided fee increases. As we reported earlier, the State Department is already seeking OMB approval for its consular and embassy services fee increase. Report says that the USCIS recorded a short fall of $118 million this fiscal year. One of the key reasons for the fund problem is cited reduced number of new case filings. Since the USCIS relies on the fee-income for its finance, it presents a problem. Another reason which is not discussed in the report may include its need for money to support ongoing reengineering project named business transformation program. This program is primarily funded by the premium processing service fee fund. Obviously, the PPS fund is suffering as well, particularly considering a drastic decrease of new employment-based cases. Another reason the report cited is need to funds to deal with potential increase in workload which are likely generated by the Comprehensive Immigration Reform, should the CIR be successfully enacted next year. However, this reason for fee increase may be considered too premature, considering the fact that the CIR may not be accomplished even in 2010. The most probable year for a successful CIR legislation is currently considered year 2011. Let's see what happens.





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  • gcnirvana
    01-17 12:33 PM
    Hello,

    To issue an Individual Taxpayer Identification Number (ITIN) for an H4 visa holder, the local IRS office is asking Indian passport and Indian birth certificate. It is difficult to get birth certificate in India because the birth was never registered. Is it OK to submit the affidavit given by parents (the kind usually used for immigration needs), instead of the birth certificate, to get the ITIN number. If anyone got their ITIN number by using such affidavit given by parents, please post your reply. Thanks in advance.

    slc_ut

    You've to apply for the ITIN when you file your tax returns. But you should not send the docs to the address shown in the 1040 or 1040EZ, etc. but to the address shown in form W-7 (ITIN). Once IRS assigns an ITIN # to the H4 applicant, they'll send the tax return filing docs along with the ITIN# to the appropriate dept for filing tax returns.

    By the way, you don't need a Birth Certificate for an ITIN, just a notorized copy of the passport will do. Atleast that was the case till last year. Checkout the following site for more info on ITIN and tax returns:
    http://www.irs.gov/individuals/article/0,,id=96287,00.html

    hope this helps,
    GCNirvana



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  • gc_on_demand
    06-22 10:09 AM
    I think OP is correct as CIR will not pass this year. Remember Mr bush took advantage 8 years ago and won election. Even he may knew that it will not pass. Same way Raid may know that it may not pass but what is wrong to take advantage of pushing CIR. Even if it doesnot pass or introduced he may win because Hispanic will think if he wins he may bring CIR for sure.

    Now in near future Mr President does not have any benefit of CIR unless he runs for next term. So for him delayed CIR is good. till 2011. So it may be win-win for both. Raid will make a vocal for it now and will win election and OBAMA will keep silence and make attempt in 2011. If passes or not he may win election again.

    Only catch is if hispanic people think that Replicans didnot help them and now dems not going to help again so they may not give vote to Dems as punishment and that may hurt.





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  • pamposh
    10-26 08:34 AM
    Do not believe on online status. Couple of my frds got their EAD and still online status is " Case Received and Pending". Looks like they are not updating the status on regular basis.

    I am one of those as well. My online status shows the regular "case received on so n so" message. I got my EAD about 10 days ago n so is with my spouse.



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  • priderock
    06-16 01:59 PM
    Once you file for 485/AP/EAD, I guess the rule is that you cannot switch jobs for 6 months.....

    1. can we choose the start date of our EAD or does USCIS decide that date?

    2. can you have separate start dates for you and your wife's EAD?

    3. does the new job have to be exactly the same title or can it be a new title? e.g. if your current role is a software engineer, can the new one be a Project manager?

    thanks

    1) You can stay in your H1 status (assuming you are currently on H1) even after applying and getting your EAD. You can decide when to use your EAD.

    2) Your wife can start using EAD even though you are still on H1.

    3) You can use AC21 provision and change to a different company provided:

    a) Your I140 is approved
    b) Your I485 is pending for at least 180 days
    and
    c) The new job is significantly similar to the existing job. Must be doing at least about 60% same tasks. (Ex : Developer to a Tech Lead or an architect). Developer to Project Manager , I doubt.

    Note: I am not a lawyer , seek legal help in doubt.





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  • kaisersose
    07-27 11:30 AM
    Guys�

    Urgent advise is required.

    My PERM was approved in April-07 and now I have just filed the concurrent 140/485. Now the company is transferring me to a new location (State) early next month with a possible change in the salary than what�s mentioned on my PERM. Can anyone please advise if there will be some impact on my 140/485 applications if:

    a) I moved to a different state and, (My work location on PERM is California).
    b) If I will be getting less salary than what�s mentioned on my PERM

    Thanks much,

    a) As long as the company Head office does not move and that is where your Labor was filed, you are OK.

    b) You can get lesser salary now. But if USCIS interviews you, you should have an offer letter with salary greater than or equal to PERM salary. In other words, your employer should not pay you lesser than PERM salary once you get the GC. of course, marginal differences may not be a problem.



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  • kanshul
    02-24 08:30 AM
    As a prcatical matter you should have copy of your labor or at least the job description so that you can look for 'similar' job.

    You may be in trouble if you don't have it or are not sure what your employer has put int he labor application. Also, at the minimum you should have you 140 application number, only then can you be sure that it has been approved.

    If you have these, you can easily use AC21 with no harm. Also, if I were you I will avoid any travel even if you have approived 131 as the IO at port of entry may ask you about your employment status.





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  • wandmaker
    10-13 02:40 PM
    I got the 140 denial notice.
    The USCIS did not mentioned any reason like my valid labour is expired.Not sure is the denial is because of 180 day rule or not.

    Here is the reason...

    The petitioner did not submit an individual labour certification for the beneficiary or evidence of schedule A designation.As such, the beneficiary is ineligible for classification as a member of the preofessions holding an advanced degree or an alien of exceptional ability.

    there is no proof (valid labor) that you are eligible for EB2. since you labor is expired, there is no labor and you can not proceed with 140 - so they denied your 140

    I think the first line "The petitioner did not submit an individual labour certification for the beneficiary..." is relevant to your suspicion of an expired labor. It effectively says that there are no valid labor certification against your I140 application, which means that the Labor certification you filed your I140 against, is not valid anymore.

    Please restart your Labor again, ASAP.

    Correct



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  • simple1
    10-06 03:51 PM
    Troll Alert. Avoid responding to these posts.

    Every one knows employee paying for h1b visa processing is illegal.

    Anti immigrants are infesting this forum with fake posts.

    Hi,

    After following up for 1 month in person on my case with Segi Corp consultancy (NJ). They gave me my EAC number when i told them that i will withdraw my case.

    When i try to find the status on my case i got the following from USCIS website .

    "On June 16, 2009, we rejected this case I129, PETITION FOR A NONIMMIGRANT WORKER, because you did not resubmit
    payment to correct the insufficient funds notice. On June 16, 2009, we sent you a notice, advising you to resubmit
    payment within 14 days to correct the deficiency. 14 days have passed and the deficiency has not been corrected.
    Accordingly, this case has been returned with all accompanying documents and is now considered improperly filed and
    rejected."

    please let me know the procedure to file a case against this consultancy..

    Is any one planning to file lawsuit against this company, if yes please let me know the process.





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  • thescadaman
    11-04 09:23 AM
    A little over a months time, I received a letter saying that the typo on my last name has been corrected. I could confirm that since the mailing address had all the correct details.

    Hence, I guess, their typo correction system is a bit slow but it works!

    ISSUE RESOLVED!



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  • lunar
    03-31 03:06 PM
    Never Mind. Congratulations !!!





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  • rabs
    04-12 06:30 AM
    I paper filed Last week and I wrote the receipt date of previous EAD.



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  • sathyaraj
    11-15 04:25 PM
    This may seem as easy as it sounds, but could you get into trouble. Along with EVL USCIS also asks for pay stubs and W2s for RFE. This is to asses your intentions of continuing the job as mentioned in ur labour. Eventhough GC is for future employer. if USCIS finds out that you are not working in a job which matches the job description, it could create problems.

    Use EAD to join the company but during I-485 process if they ask for EVL keep a back up company which can give EVL with Labor job description. Hope this helps.





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  • khans02
    10-03 03:00 PM
    Applied for labor February of 2004 in regular then changed to RIR in September 2004. Got 45 day letter in May. Finally got labor approval letter yesterday October 2nd.

    I have a question - is there any premium process for I 140 or 485?

    Thanks

    Saeed Khan



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  • saibaba
    12-04 12:01 PM
    One of my best friends has good FTE offer from one company in WestCoast.Right now he is working as subcontractor at client place in Boston but by looking at the market recession/depression, he is inlined towards this offer from the previous client manager in CA.

    He is on H1 for 5 yrs and is into 3 yrs extension based on approved LC/140.He got EAD/AP approved and his EAD recently extended for 2 yrs.He is married, H4 wife with school aged kids.

    He is with this Desi employer for 5+ years so his employer is generous about not cancelling his approved 140 for the bucks he made on this guy for the last 5 yrs. But my buddy is planning to ask his employer about keeping his H1 active, means he doesn�t want his employer to cancel his H1.He want to take up the FTE opportunity using EAD. He was asking me about his H1 status when not getting paid/no pay stubs and leaving it just like that until it comes out for renewal which is after 3 yrs�when I asked why he wants to do it he said he just want to keep it as backup incase his 485 get denied so that he can use the remaining period of H1.But I have my own doubts about his H1 and EAD usage.

    Now my Question is can he stay on H1 with the Original employer without working for him (that means no salary/pay stubs) and work for this new company that is offering FTE for him?

    I told him that he might have to do AC-21 stuff but he said he don�t need to do it as he is not changing his employer, Is that true? He is saying that AC-21 wld come into the picture only when if u switch employer / 140 got revoked.

    Looks like he can get paid by the new employer by 1099, is that correct?.
    Also I�m skeptical about using EAD while keeping your H1 with original employer.

    I read in IV that you will be called for personal interviews (National Benefit Center stuff) right before you getting GC and you have to show your current years pay stubs, previous w-2�s returns etc... What about if you have to face this scenario(although it happens randomly)? Like how can we show pay stubs from new employer as proof of employment when your LC/140/484 are coupled to previous employer and you are not in his payroll though your H1/140 is not cancelled?

    Has anybody done this? If so can I know what are the pros and cons?

    If it is doable and if you have friendly employer who recognizes your loyalty for those years you worked for him, it�s look like a very good option for everyone.

    Can someone pls share your knowledge?

    Thanks





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  • augustus
    08-21 10:32 AM
    Please see above





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  • mps
    08-15 05:02 PM
    You need to read AC21 carefully

    On exploring this topic further, I found that, at times, DOL conducts an audit to check if the employer paid the proffered wage to the beneficiary after GC approval. In case of a violation, DOL bans the employer from processing further H1�s or GC�s.

    On rare occasions, USCIS revokes previously approved GC�s in case of fraud.

    Also during naturalization, USCIS checks the duration of employment with the GC position after I-485 approval. Naturalization might be denied if the duration of employment is very short.





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    09-06 10:17 AM
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    dontcareanymore
    07-30 04:15 AM
    I liked the joke.. the title originally was: "Difficult Spouse related GC question" ;)

    I will definitely consider doing that. I am just afraid that I might get my GC even before I get a chance to do a court marriage.

    Thanks for the input.

    I think it is time for quick action :):)
    I agree with the above poster, that was my first impression as soon as i saw the title. Don't put "difficult" and "spouse" next to each other. There is only one universal meaning for that :)

    At least you have a good problem , rather than rotting in various queues for a decade.



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