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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

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vivek_k

08-13 12:10 PM

NSC is going very tough on A2P issues. I have had a A2P issues on my 140 with Nebraska. Suggest you hire a good attorney and you can resolve this in your favour. PM me if you need any additional information.

What is A2P? Thanks.

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impala

09-18 01:27 PM

god,,,this betrayel is killing me,,,,,can't able to digest this news,,,,


my dates are NOT current also ...


any advise?...

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simple1

09-17 01:25 PM

The following attracted me.
- only toefl required. no gre/gmat required.
- low fees (with sponsored tuition option)
- detc accretion (legal, not a diploma mill)
- no residency required.

Other than that it is not a famous university. I believe it is not in any ranking what so ever.

more details.
http://www.aju.edu/Admissions/catalog.pdf
They offer specialization on sales, strategy, finance, hr, health services and marketing.

I am just thinking about applying. Not decided yet.

This is interesting. Do you know more about the program ?
The website has very little info. They want $75 fee to get started.
Is there info on who offers the degree, how many courses need to be taken, how long does it take etc ?

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Reggit

10-13 12:52 AM

I should really try thinking of the easy way out of these things. :P Just made my comic from 10 layers for the whole thing to about 40. Oh well, heh.

Thanks again. :A+:

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prav27

08-27 11:49 AM

I just got off the phone with a second level rep at USCIS and am getting really confused with their mixed messaged. before i push any panic buttons can some one please let me know if they had any conversations with the idiotic bunch at uscis and share your conversations with regards to the visa availability for next month. this idiot states that vsc just oversubscribed and that it could be that there wont be any movement on the cases. all this over enthusiasm for nothing - that would really infuriate me. there is a limit to the fuss they can cause and play with emotions.

Did he say vsc(vermont service center) ?
is vsc still processing 485 cases?

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learning01

01-29 02:20 PM

We can't mount fire-fighting operation on each and every front. Let's ignore them.

We have a purpose to tell, educate, highlight the issues we all legal immigrants face. This has happened under this Republican Regime. Various reasons - mainly lack of funds, lack of green card numbers, lack of staff etc.

We can continue writing small specific personal letters to lawmakers. Then as a group we address employers asking them their effort to help them best employees.

I was browsing the jobs forum on craigslist and i was shocked to see some user urging people to call Senator Cornyn to not push H1 and Eb visa increases.

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cjain

07-23 04:17 PM

bump

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sgsvg

12-18 05:09 PM

You can't.. It's very risky and not worth the trouble.. I tried and got denied.

Is more than 6 yrs of IT experience from a non-computers engg background good for applying for EB2 position? Can you comment from your experience.

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revnet

October 24th, 2004, 02:38 PM

Not to be too ignorant, but it sounds like you can use any strobes as long as the triggering mech. works with your camera. I would prefer wireless. I guess I wasn't aware that the E-TTL wouldn't factor in either. Boy, I have a lot to learn. Thanks guys.

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Immigration Voice > Analysis Discussion > Retrogression, priority dates and Visa bulletins > used visa numbers
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txh1b
08-19 12:47 PM
Will I be able to switch to company C, even if company B revokes my 3 year-H1B extension ?

Thanks

Yes, provided you apply for the tarsnfer while you are still maintaining H1b status. Your basis of 3 year extension is the I140 approval and PD not being current. It isn't that company B got a 3 year extension.
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rkdnc9
03-27 11:08 AM
Hi All,

Firstly, thanks to all my friends and Mods for the help/suggestions given in past.

Please guide in the following situation. My sister is on F1 visa. She went to India taking a semester break. This is her second Masters degree. She initially came on F1 and finished MBA and worked on OPT for 1 year and again joined second Masters and during which she took a semester break and went to India. Her husband is on H1 visa. She wants to apply for H4 visa. What is the procedure? She wants to discontinue her study after she applies for H4. Is this possible? Her next semester starts from June. Is it possible for her to get H4 before June if she applies now(while in India or after coming back) and then discontinue her master from then on? What documents would she need from her husband(pertaining the job) to apply for h4?

Please suggest.

Thanks in advance...
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Tranter
08-06 02:46 PM
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martinvisalaw
01-26 10:37 AM
He is out of status if the L-1 employer no longer exists or he is not working for that company. If the position still existed, he would be maintaining status even though the L-1 I-94 has expired, if the extension was filed before the I-94 expired. However, the issue isn't the late filing of the extension, it's the fact that he is not working for the company and really had no basis for filing an extension.

Having the extension pending means that he is not accruing unlawful presence (something that could subject him to a bar from the US), however he needs to rectify his status rather than rely on an inappropriate L-1. If he trusts his immigration lawyer, he should discuss the options with her/him.
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bindas74
01-24 03:46 PM
Hi Gurus,

I filed my 485 in June 07 ad hd my FP on 7th September, 07. I read on some of the threads that we would be geting notices for additional finger printing after 15 months or so. I havent received any yet. Should I be proactive an request for one? Will my EAD finger printng count towards the requirement? ( I had given my biometrics formy EAD last April i.e 08 April ). Is this the reason why I did not get the FP notice? Any one in my boat?
Please advise.

Thanks in advance

Anyone please share ur opinion.

Thanks
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desi3933
08-11 04:46 PM
Hi All,
A few questions for those who have experience with registering a sole prop. in the US.
My wife is on an H4 visa and has registered a sole prop. earlier this year. Since she is not eligible to work, she has hired a U.S. citizen as a contractor to run the company.
Does owning a company in the US have any impact on our green card application?
Can she draw profits from the company at the end of the year as a return on the investment she made to start the company?

Is she considered a "U.S. person" ( seen in multiple tax forms )?

Is it safe for her to fill out a W-9 form with the FEIN that the company was registered with?
Thanks for the quick response.


Not a very good idea, IMHO.

Has she hired anyone for company affairs - hiring, tax and other reports. She can NOT perform any work for sole proprietorship, other than as pure investment.

C-Corp could have better choice.


________________
Not a legal advice.
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tammman
11-11 11:08 PM
I have to renew my passport since it is expiring next month.

What is the specification for the passport photo? It it 2inch x 2inch or
is it 3.5cm by 3.5cm
I was preparing to use the same as that of GC process, 2inch x 2inch
but now I need to check this out...

DOES ANYONE KNOW IF WE NEED TO TAKE A PREPAID POSTAGE ENVELOPE ? even if u attending in person..
I'm going to SFO counsulate
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braindrain
04-02 06:37 PM
Hi Friends,


I am visiting to India on vacation and need to go for H1B renewal. My natvie place is in Andhra Pradesh, near to Chennai. So, i am comming from USA to Chennai, and wants to go to Chennai Consulate for stamping.

In vfs site the moment i select AP, it showing only Hyderabad appointment dates. how to choose and schedule appointment in Chennai consulate?

Can any of you suggest, how to proceed? is there any issues of going to Chennai rather Hyderabad?

I am resident of AP and went for my renewal last year to Chennai since its nearer to my place as compared to Hyderabad. There is no explicit way to get Chennai. They have a small percentage or limited slots available for out of state applicants at every consulate and as long they are available you should see the option to pick Chennai.

Initially, I did not get the Chennai option as well, but I kept checking and waited for a few weeks and when Chennai option was available I scheduled the appointment. Hope this helps.
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H1bslave
07-30 02:03 PM
My case is similar too, my husband filed 485 for both of us on 29th June, we both have H1b. But on June 15th one H1b transfer was filed for me (dependent in 485) which was confirmed to us on June 22nd and I joined new company on June 26th.
But the whole transfer thing is not mentioned in 485 because we were not aware at time of filling forms (june 18th).

Is this going to create problem? do we need to send update/form to USCIS about this?
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hibworker
12-15 02:48 PM
Request for Change of Status means that you are physically present in US and requesting a change in your immigration status, in your case from F1 to H1. However if you leave the country when COS is pending, your COS application is considered abandoned as it is assumed that you'll re-enter using the status that you desire.

Hence your H1 is approved, COS to H1 is denied and you were properly admitted under F1 status on your return. You are legally maintaining F1 status until your OPT expires (+ any grace period mentioned in your I-20).

Here are your options:
1. Again apply for COS to H1 (not sure if this is possible, check with your lawyer)
2. Leave the country before F1 status expires and then re-enter on H1 visa. For getting H1 visa you don't necessarily have to go to home country, it is possible to get it done in Mexico/Canada.
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kondur_007
04-17 10:35 AM
I have the following status working with the original H1B employer who filed for my green card petition:

1) PD Jan, 2007, EB3-I
2) I-140 approved and pending AOS
3) 2 yrs. EAD available, expiring Sep. 2011
4) H1B will be expiring within 3 months (1 year left from 6 years limit)

My questions,

1) Can I use EAD instead of extending H1B? I want to stay with the same employer as a
full time employee.
2) If yes, is it required to inform INS? How and when?
3) In that case, how me, my son (middle school student, H4 & pending AOS) and wife's (EAD & pending AOS) stay in US will be justified with no valid I-94 (assuming I am not extending H1B anymore) ?

Answers to my above questions will be highly appreciated.:confused:

Answers:

1. Yes you can.

2. You do not need to inform INS as such; all you need to do (when you change from h1 to EAD) is to fill out new I-9 form with your employer. Ask your employer/HR dept and it is very easy form to fill out; that basically changes your job status from "H1 to EAD".

3. As long as their AOS is pending, they are all legal; I 94 does not matter. They are in authorized period of stay. Of course, their H4 status will be gone.

Only issue in doing this, is just in case, (by bad luck or something) if your 485 gets denied, then all three of you may not have anything to "fall back on". That is the one risk you take when you let your H1 go. Other than that, make sure everyone has AP (whenever they travel outside) and EAD (if they work/study) and you will be fine.

Good Luck.
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