nc14
03-06 11:42 AM
Thanks for taking the initiative. I think we should get this going so that we have some more information on where things stand.
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Michigan123
04-30 07:38 PM
My visa stamp has name some thing like that
XYZ ABC
FNU
xyz is first name ABC is last name
FNU is family name unkown
The passport has Given name as XYZ ABC ....and surname is blank
The EAD ,485 ,Social Security Card has
LNU ,ABC XYZ
The michigan DMV has refused to issue the Driver Licence ,They are telling the names do not match ...... Some how I have shown the AP document which has photo as identity and having name LNU, XYZ ABC ......accepted the documents . I know this is start of whole lot of trouble ...
Now I want to know how to correct these changes at USCIS ,consulate .......
God knows how many places ...........Totally confused ......
Given the fact the USCIS has lot of pending cases and will not change in matter of months or years ....
All suggestion will be appreciated
XYZ ABC
FNU
xyz is first name ABC is last name
FNU is family name unkown
The passport has Given name as XYZ ABC ....and surname is blank
The EAD ,485 ,Social Security Card has
LNU ,ABC XYZ
The michigan DMV has refused to issue the Driver Licence ,They are telling the names do not match ...... Some how I have shown the AP document which has photo as identity and having name LNU, XYZ ABC ......accepted the documents . I know this is start of whole lot of trouble ...
Now I want to know how to correct these changes at USCIS ,consulate .......
God knows how many places ...........Totally confused ......
Given the fact the USCIS has lot of pending cases and will not change in matter of months or years ....
All suggestion will be appreciated
GCNirvana007
08-11 01:04 PM
Dear Lord please listen to dwhuser. I have the same concern
dwhuser, did you see any LUD in recent month or any RFE
I am EB2 Dec 2004
I saw an LUD in June this yr
dwhuser, did you see any LUD in recent month or any RFE
I am EB2 Dec 2004
I saw an LUD in June this yr
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pr02
06-20 11:00 AM
Thanks for the detailed answer. I think I will get this done after filing for 485. I have to get the passport renewed next year any way. May be they can do both at the same time.
Following up on my previous post. Here is the format for the ad and the affidavit. We went to the DC embassy to get the name changed and they have next day (business days only) passport-by-mail service. I don't think they have same day service.
Actual correct name: <corr_first_name> <corr_last_name>
Current Name on passport: <first_name_pp>
Name in US docs (Visa, SSN, Drivers Lic.):
<first_name_us> FNU _OR_ <first_name_us> <first_name_us>
Format of the ad we placed in Indian newspaper (TOI) and local US newspaper:
I, <first_name_pp> AKA <first_name_us> FNU AKA <first_name_us> <first_name_us> d/o <dads_name> R/o <indian_address/us_address> have changed my name to <corr_first_name> <corr_last_name>.
Format of Affidavit from India (on Rs. 10 Non Judicial Stamp Paper):
AFFIDAVIT
I, <first_name_pp>, D/o <dads_name>, R/o <indian_address>, do hereby take oath and solemnly declare as under:-
1. That I have declared my name as <first_name_us> <first_name_us> earlier.
2. That I have declared my name as <first_name_us> FNU earlier.
3. That now I want to change my name from <first_name_pp> to <corr_first_name> <corr_last_name>.
4. That in future I may be called as <corr_first_name> <corr_last_name> for all purposes
DEPONENT
VERIFICATION:
Verified at <city_name> on this <date> that the contents of the above affidavit are true and correct to the best of my knowledge and belief.
DEPONENT
The deponent above is the person whose name is being changed. Since my wife was here and the affidavit was to be made in India, my mother-in-law signed on my wifes behalf ...you know what I am saying... (ah! the things you can get done in India)
We found out at the embassy that we could have used our India issued marriage certificate (which had my wifes correct name) and avoid doing all this. Placing the ad, getting the affidavit and posting it to US all took a total of 1 week. We went to the DC embassy early on a Friday and we got the passport with the name changed via mail by Monday.
Another friend of mine got the same thing done via the mail-in service. It took him 2 weeks to get the passport back.
Hope this helps.
Following up on my previous post. Here is the format for the ad and the affidavit. We went to the DC embassy to get the name changed and they have next day (business days only) passport-by-mail service. I don't think they have same day service.
Actual correct name: <corr_first_name> <corr_last_name>
Current Name on passport: <first_name_pp>
Name in US docs (Visa, SSN, Drivers Lic.):
<first_name_us> FNU _OR_ <first_name_us> <first_name_us>
Format of the ad we placed in Indian newspaper (TOI) and local US newspaper:
I, <first_name_pp> AKA <first_name_us> FNU AKA <first_name_us> <first_name_us> d/o <dads_name> R/o <indian_address/us_address> have changed my name to <corr_first_name> <corr_last_name>.
Format of Affidavit from India (on Rs. 10 Non Judicial Stamp Paper):
AFFIDAVIT
I, <first_name_pp>, D/o <dads_name>, R/o <indian_address>, do hereby take oath and solemnly declare as under:-
1. That I have declared my name as <first_name_us> <first_name_us> earlier.
2. That I have declared my name as <first_name_us> FNU earlier.
3. That now I want to change my name from <first_name_pp> to <corr_first_name> <corr_last_name>.
4. That in future I may be called as <corr_first_name> <corr_last_name> for all purposes
DEPONENT
VERIFICATION:
Verified at <city_name> on this <date> that the contents of the above affidavit are true and correct to the best of my knowledge and belief.
DEPONENT
The deponent above is the person whose name is being changed. Since my wife was here and the affidavit was to be made in India, my mother-in-law signed on my wifes behalf ...you know what I am saying... (ah! the things you can get done in India)
We found out at the embassy that we could have used our India issued marriage certificate (which had my wifes correct name) and avoid doing all this. Placing the ad, getting the affidavit and posting it to US all took a total of 1 week. We went to the DC embassy early on a Friday and we got the passport with the name changed via mail by Monday.
Another friend of mine got the same thing done via the mail-in service. It took him 2 weeks to get the passport back.
Hope this helps.
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ravise
08-11 10:37 AM
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3rd U U U U U
ragz4u
04-19 03:29 PM
Sometimes we get approached by journalists who need a story the very next day. They are looking for specific subjects for the story though.
An example is say the Investors Business Daily (a financial daily). A reporter might come to us and ask us if we have anyone from the Finance sector who is suffering due to retrogression and is willing to speak up about it. They might also add that we need only Eb1/Eb2 category folks.
When this happens, we are in a mad scramble to find folks who fit this criteria so that we do not lose this chance.
Another example might be of a Medical Journal looking for doctors stuck due to retrogression.
We are constantly getting requests like this but cannot capitalize on it because we do not have enough stories already available to fit the criteria.
So please send in your stories. It need not be earth shattering at all (most of us are mere mortals). You never know when a reporter is specifically looking for a story similar to yours and you might just tilt the balance in favor of skilled immigrants.
An example is say the Investors Business Daily (a financial daily). A reporter might come to us and ask us if we have anyone from the Finance sector who is suffering due to retrogression and is willing to speak up about it. They might also add that we need only Eb1/Eb2 category folks.
When this happens, we are in a mad scramble to find folks who fit this criteria so that we do not lose this chance.
Another example might be of a Medical Journal looking for doctors stuck due to retrogression.
We are constantly getting requests like this but cannot capitalize on it because we do not have enough stories already available to fit the criteria.
So please send in your stories. It need not be earth shattering at all (most of us are mere mortals). You never know when a reporter is specifically looking for a story similar to yours and you might just tilt the balance in favor of skilled immigrants.
more...
obelix
02-26 08:07 AM
North American naming conventions are clear, it has two essential parts, First Name and Last Name. Third part, the middle name is optional, and is also insisted upon, if you have one, to be written in full on all legal docs, such as PP, SS card etc.
Addition of something to your name probably is not adding your last name. It is rather changing your last name, legally speaking.
Therefore, this perhaps needs to be treated as a change of name, and you might need necessary legal docs to prove that, while trying to change for your taxes or other legal docs. Merely having a new passport with something added to your name, may or may not work.
Very much agreed. I have already submitted for my SSN update. They need one legal doc based on which my PP was update and thankfully their system allows acceptance of foreign court order. I had a court order from home town in India.
My question revolves around immigration aspects of Name Change like paystubs, PoE, taxes etc. I've contacted my company's lawyer. I'm just waiting for my SSN update before I make move.
Thanks for response.
Addition of something to your name probably is not adding your last name. It is rather changing your last name, legally speaking.
Therefore, this perhaps needs to be treated as a change of name, and you might need necessary legal docs to prove that, while trying to change for your taxes or other legal docs. Merely having a new passport with something added to your name, may or may not work.
Very much agreed. I have already submitted for my SSN update. They need one legal doc based on which my PP was update and thankfully their system allows acceptance of foreign court order. I had a court order from home town in India.
My question revolves around immigration aspects of Name Change like paystubs, PoE, taxes etc. I've contacted my company's lawyer. I'm just waiting for my SSN update before I make move.
Thanks for response.
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am001
07-28 10:50 AM
My wife got her name changed on the passport last week from the DC embassy. Her original Indian passport had only her first name and her last name was blank. Her US documents (Visa, SSN, Drivers License, etc) had her name as <first_name> FNU (Family Name Unknown). For a passport name change, the Indian Embassy requires you to:
1. Create an Affidivate in India saying that the name needs to be changed from <first_name> <blank> to <first_name> <last_name>.
2. Publish the name change in a national newspaper.
3. Publish the name change in a local US newspaper.
Along with the name change application, you have to submit the original affidivate, the paper clipings of the Indian newspaper and the local US newspaper.
Alternatively, if you have a marriage certificate and the marriage certificate lists your name as <first_name> <last_name> rather than <first_name> <blank> (as on your passport), you do not need the affidivate and a copy of the marriage certificate is sufficient.
The renew/change-passport-by-mail service that the indian embassy provides will take 10-12 business days (excluding Indian public holidays :) ). If you go in person to the consulate/embassy you can get your passport back within 3-5 days.
Atleast as far as I know, the DC embassy doesn't have any same-day service(don't take my word for that, I could be wrong). Good luck !
--------------------------------------------------------------------
Hi, I really really need help. Not sure if HSD31 still logins and can help me as my case is exactly like his, if not please someone help me here.
in my son's passport his first name is correct and last name is FNU. I am trying to follow the steps given above but not able to understand #1 above 1)Create an Affidivate in India saying that the name needs to be changed from <first_name> <blank> to <first_name> <last_name>.
what is this, why do we need this and who will verify this affidivate.
Please reply.
1. Create an Affidivate in India saying that the name needs to be changed from <first_name> <blank> to <first_name> <last_name>.
2. Publish the name change in a national newspaper.
3. Publish the name change in a local US newspaper.
Along with the name change application, you have to submit the original affidivate, the paper clipings of the Indian newspaper and the local US newspaper.
Alternatively, if you have a marriage certificate and the marriage certificate lists your name as <first_name> <last_name> rather than <first_name> <blank> (as on your passport), you do not need the affidivate and a copy of the marriage certificate is sufficient.
The renew/change-passport-by-mail service that the indian embassy provides will take 10-12 business days (excluding Indian public holidays :) ). If you go in person to the consulate/embassy you can get your passport back within 3-5 days.
Atleast as far as I know, the DC embassy doesn't have any same-day service(don't take my word for that, I could be wrong). Good luck !
--------------------------------------------------------------------
Hi, I really really need help. Not sure if HSD31 still logins and can help me as my case is exactly like his, if not please someone help me here.
in my son's passport his first name is correct and last name is FNU. I am trying to follow the steps given above but not able to understand #1 above 1)Create an Affidivate in India saying that the name needs to be changed from <first_name> <blank> to <first_name> <last_name>.
what is this, why do we need this and who will verify this affidivate.
Please reply.
more...
dummgelauft
12-08 11:59 AM
I equate the situation to a person who sneaks into your house at night and in the morning demands that you respect his human rights and provide him with food and water. No one would tolerate that, yet some how some people think thats ok when it comes to the countries borders.
The church encourages it as most of the illegals are catholics. Poor and illeterate people are usually more likely to attend church and contributes to the churches influence. Believe me, were the Mexicans muslims, Jews or Hindus the church wouldnt care and would probably oppose it. The mosques and temples on the other hand might step in..............
Regarding the children, please understand why they are in this situation. Due to the choices made by their parents.
I think you and I can agree that illegals need to be treated with dignity. But they should not be coddled. . A US citizen who commits burglary, driving without a license, outstanding fines could easily be facing a jail term. The article wants you to feel outraged because her leg was shackled? Please read the headline again. Their strategy is to demonize the law enforcement when ever they try to enforce the law against illegals.
Yes the problem is deep seated and complicated. Giving amnesty would make them all legal, so the problem goes away! Just like you hear some people talk about drugs. Lets make all drugs legal, so the problem of illegal drugs will go away! What kind of solution is that?
I am with you 100%.
The church encourages it as most of the illegals are catholics. Poor and illeterate people are usually more likely to attend church and contributes to the churches influence. Believe me, were the Mexicans muslims, Jews or Hindus the church wouldnt care and would probably oppose it. The mosques and temples on the other hand might step in..............
Regarding the children, please understand why they are in this situation. Due to the choices made by their parents.
I think you and I can agree that illegals need to be treated with dignity. But they should not be coddled. . A US citizen who commits burglary, driving without a license, outstanding fines could easily be facing a jail term. The article wants you to feel outraged because her leg was shackled? Please read the headline again. Their strategy is to demonize the law enforcement when ever they try to enforce the law against illegals.
Yes the problem is deep seated and complicated. Giving amnesty would make them all legal, so the problem goes away! Just like you hear some people talk about drugs. Lets make all drugs legal, so the problem of illegal drugs will go away! What kind of solution is that?
I am with you 100%.
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deecha
07-20 12:59 PM
From february 2004 (expiry date of i-94 card) until april 1994 it looks like you accrued unlawful presence. The unlawful presence stopped when you filed the 485.
The unlawful presence was wiped out when you left and re-entered usa (the 3 year bar didn't kick in because the unlawful presence was less then 180 days).
You will be fine.
Just be truthful that you filed 485 before; you had divorce and all the employers that you worked with. Only thing they can get you on is if you try to embelish or hide things even though they were forgiven when you left and re-entered.
Thanks UnitedNations ! That's what my lawyer said too. In fact he prepared the I-485 packet and is sending it to the USCIS Nebraska center today. In my I-485 packet he has included a rider (part 3, I believe) stating that a I-485 was filed earlier and withdrawn by me and has included evidence documents to that effect.
The unlawful presence was wiped out when you left and re-entered usa (the 3 year bar didn't kick in because the unlawful presence was less then 180 days).
You will be fine.
Just be truthful that you filed 485 before; you had divorce and all the employers that you worked with. Only thing they can get you on is if you try to embelish or hide things even though they were forgiven when you left and re-entered.
Thanks UnitedNations ! That's what my lawyer said too. In fact he prepared the I-485 packet and is sending it to the USCIS Nebraska center today. In my I-485 packet he has included a rider (part 3, I believe) stating that a I-485 was filed earlier and withdrawn by me and has included evidence documents to that effect.
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wandmaker
12-04 12:31 AM
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map_boiler
04-20 09:42 AM
...just send me an alternate email id if you don't get it.
Thanks!
Thanks!
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reedandbamboo
09-13 12:48 AM
Folks,
I edited the letter so please take a look at this version. Some of you'll have suggested I condense the letter to a series of questions alone - I think this is a good idea and will be more effective in capturing attention. I will prepare something in this format (but it will have to wait for the weekend).
For now, my intent with this letter is to ask that the ARBITRARY nature of the visa bulletin be put to an end. I am exhausted by the cycle of raised and dashed hopes when the visa bulletin moves forward and backward.
To those of you'll who brought up the issue of schisms between EB2 and EB3, please read paragraph two above. Let us correct this randomness before we tackle each of the issues that are making life so difficult for us. You could start by gathering your friends, co-workers and other EB3 applicants and put together your list of issues to be addressed along with solutions. My view is that if USCIS is incapable of taking care of the matter then we have to pitch in and suggest/prod/request/demand it of/from them.
Together we can do it!
And here's the letter:
The Ombudsman
USCIS
September xx, 2008
Sir/Madam,
On behalf of the employment-based legal immigrant community in the United States of America, I am writing to highlight the ongoing egregious inefficiencies in the immigration “services” provided by the USCIS and the DOS. There have been numerous occasions when there have been erratic movements in the DOS published visa bulletin dates. This, as we understand it, is owing to USCIS under- or over-estimating the number of applicants available for adjustment of status. And in the rare instances when the date finally moves forward by a substantial window, USCIS tends to approve the more recent applications as opposed to the ones that were filed earlier. Let me explain with an example: in the July 2008 visa bulletin, the cut-off date for the India EB2 category was 01 April 2004. A month later, the cut-off date for Indian EB2 applicants abruptly moved forward two years and was set at 01 June 2006. Instead of approving applicants who applied in 2004 and 2005, USCIS approved applicants from 2006. Where is the justice in that??? Why bother publishing the cut-off date if approvals are to be randomly allocated???
We understand we have to stand in line and wait our turn. Each applicant is assigned a priority date which chronologically determines his/her turn for approval. To further complicate matters, once the I-485 is filed, a crop of other dates are issued by the USCIS – a receipt date, a notice date and a processing date. USCIS then takes the liberty to throw random rules at us – “Case adjudication is based on receipt date” “No, we process applications based on notice date”, “Actually, it’s the processing date that determines which applications are adjusted.” !!!
Please take a moment to consider how these conflicting statements and arbitrary decisions wreak havoc on our morale and psyches? No one, NOT even the USCIS, has a clue as to what exactly is happening in their processing centers. The USCIS has never been able to clearly state the exact number of applications languishing, excuse us, we meant pending, in their “service” centers! We, employment-based immigrants, are tax-paying, law-abiding, educated individuals contributing to America’s knowledge economy - yet we have been subjected to the worst aspects of the US employment-based immigration system. These include:
1) Extended wait times at each step of the immigration process.
2) Lack of transparency on the part of USCIS (re: priority date, receipt date, notice date).
3) Lack of USCIS customer service – once applications are submitted to USCIS they disappear into a black hole. Barring a website where one nominally can check one’s case status (but which in reality remains static for months, even years!) there is no concept of updating an applicant on where his case stands. And this is despite the applicant paying immigration fees that often run into thousands of dollars over the years. We are simply expected to wait in a complete void of information, for however long it may take, until approval.
4) Lost opportunities owing to the lack of job portability during the process (a time period spanning an average of five years, whereas an applicant from any country besides India gets his/her PR card in under two years).
While we are grateful for the opportunity to partake in the American dream, it is ironic that we arrive in America and find that our freedom is shackled – we are bound to our sponsoring employer from the start to the end of the extremely lengthy process. Although legal immigration reform is our ongoing aim, for now, we sincerely request you to investigate the process whereby the monthly visa bulletin is set and to ensure FIFO (first in, first out) adjustment so that those of us who have been waiting longer receive attention prior to those who have applied later. We want USCIS to be accountable to us, its paying customers.
We request you to lend us your ear and address these issues so that we are not subjected to them in the future.
Thanking you,
I edited the letter so please take a look at this version. Some of you'll have suggested I condense the letter to a series of questions alone - I think this is a good idea and will be more effective in capturing attention. I will prepare something in this format (but it will have to wait for the weekend).
For now, my intent with this letter is to ask that the ARBITRARY nature of the visa bulletin be put to an end. I am exhausted by the cycle of raised and dashed hopes when the visa bulletin moves forward and backward.
To those of you'll who brought up the issue of schisms between EB2 and EB3, please read paragraph two above. Let us correct this randomness before we tackle each of the issues that are making life so difficult for us. You could start by gathering your friends, co-workers and other EB3 applicants and put together your list of issues to be addressed along with solutions. My view is that if USCIS is incapable of taking care of the matter then we have to pitch in and suggest/prod/request/demand it of/from them.
Together we can do it!
And here's the letter:
The Ombudsman
USCIS
September xx, 2008
Sir/Madam,
On behalf of the employment-based legal immigrant community in the United States of America, I am writing to highlight the ongoing egregious inefficiencies in the immigration “services” provided by the USCIS and the DOS. There have been numerous occasions when there have been erratic movements in the DOS published visa bulletin dates. This, as we understand it, is owing to USCIS under- or over-estimating the number of applicants available for adjustment of status. And in the rare instances when the date finally moves forward by a substantial window, USCIS tends to approve the more recent applications as opposed to the ones that were filed earlier. Let me explain with an example: in the July 2008 visa bulletin, the cut-off date for the India EB2 category was 01 April 2004. A month later, the cut-off date for Indian EB2 applicants abruptly moved forward two years and was set at 01 June 2006. Instead of approving applicants who applied in 2004 and 2005, USCIS approved applicants from 2006. Where is the justice in that??? Why bother publishing the cut-off date if approvals are to be randomly allocated???
We understand we have to stand in line and wait our turn. Each applicant is assigned a priority date which chronologically determines his/her turn for approval. To further complicate matters, once the I-485 is filed, a crop of other dates are issued by the USCIS – a receipt date, a notice date and a processing date. USCIS then takes the liberty to throw random rules at us – “Case adjudication is based on receipt date” “No, we process applications based on notice date”, “Actually, it’s the processing date that determines which applications are adjusted.” !!!
Please take a moment to consider how these conflicting statements and arbitrary decisions wreak havoc on our morale and psyches? No one, NOT even the USCIS, has a clue as to what exactly is happening in their processing centers. The USCIS has never been able to clearly state the exact number of applications languishing, excuse us, we meant pending, in their “service” centers! We, employment-based immigrants, are tax-paying, law-abiding, educated individuals contributing to America’s knowledge economy - yet we have been subjected to the worst aspects of the US employment-based immigration system. These include:
1) Extended wait times at each step of the immigration process.
2) Lack of transparency on the part of USCIS (re: priority date, receipt date, notice date).
3) Lack of USCIS customer service – once applications are submitted to USCIS they disappear into a black hole. Barring a website where one nominally can check one’s case status (but which in reality remains static for months, even years!) there is no concept of updating an applicant on where his case stands. And this is despite the applicant paying immigration fees that often run into thousands of dollars over the years. We are simply expected to wait in a complete void of information, for however long it may take, until approval.
4) Lost opportunities owing to the lack of job portability during the process (a time period spanning an average of five years, whereas an applicant from any country besides India gets his/her PR card in under two years).
While we are grateful for the opportunity to partake in the American dream, it is ironic that we arrive in America and find that our freedom is shackled – we are bound to our sponsoring employer from the start to the end of the extremely lengthy process. Although legal immigration reform is our ongoing aim, for now, we sincerely request you to investigate the process whereby the monthly visa bulletin is set and to ensure FIFO (first in, first out) adjustment so that those of us who have been waiting longer receive attention prior to those who have applied later. We want USCIS to be accountable to us, its paying customers.
We request you to lend us your ear and address these issues so that we are not subjected to them in the future.
Thanking you,
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villamonte6100
08-10 10:01 AM
I'd be happy if I got a second opinion (my lawyer's is the first) on this issue:
I am ready to file for my AOS(I-485) for the second time based on my employers I-140 petition and would like someone (unitednations ?) to see if there are any possible gotchas.
Chronology
========
#1 May 2001 - Come to US on H1B (California) I-94 valid till Nov 2003
#2 Oct 2001 - Change employers and get a H1 transfer (California) New I-94 valid till Feb 2004
#3 Nov 2002 - Fall in love with an American girl
#4 Dec 2002 - Quit job and move to Michigan to be with girlfriend (Out of status)
#5 March 2003 - Find job in MI, employers lawyer botches my H1 transfer / extension (Out of status)
#6 October 2003 - Fall out with employer and quit.
#7 November 2003 - Marry girlfriend (Out of status)
#8 April 2004 - Wife files I-130/I-485/I-765 (AOS Pending status)
#9 April 2004 - Find a new employer "X" and start working for him
#10 June 2004 - Wife and I have irreconcilable differences and I separate, later file for divorce
#11 June 2004 - "X" petitions for new H1B for me for FY-2005 starting in Oct.
#12 July 2004 - leave US and go back to homeland, get new H1 visa stamped with expiration date of June 2007
#13 Sept. 2004 - Come back to the US with new H1 visa stamp and get new I-94 (exp. June 2007) -----> Fresh start, eh ?
#14 Nov 2004 - Divorce final
#15 Dec 2004 - "X" files Labor RIR EB3. PD is Dec 2004
#16 Dec 2005 - "X" files labor PERM EB2. PD is Dec 2005
#17 Feb 2006 - PERM labor EB2 approved
#18 March 2006 - Voluntarily went to local CIS office and withdrew old I-485. Proof of withdrawal obtained.
#19 June 2006 - EB2 I-140 filed with copy of labor (Still pending) Obtained receipt
#20 Oct 2006 - EB3 labor approved from backlog center
#21 May 2007 - File for 7th year H1B extension
#22 Jun 2007 - EB3 I-140 filed (Still pending). Obtained receipt
#23 Jul 2007 - H1B Extension approved (new I-94 with expiration of Jun 2008)
#24 Jul 2007 - Ready to file I-485 concurrent with EB3 I-140
Since 2004 I have maintained valid non-immigrant status (I think). Will I have any issues with accrual of out of status / unlawful stay based on my actions above ?
As you can see, mine is not a straightforward case.
The million dollar question : Based on my actions in steps #4 thru #10, is there a chance that my new I-485 will be adversely affected ? If so, is there anything that anyone can tell me to remedy/rectify the situation to avoid it ?
Thanks !
My case has some similarities, except marrying an American and divorce, but I was out of status for a long time and I thought there was no hope at all. One of my former clients offered me a job and sponsored my h1 of course. I went home and have my new h1 stamped and came back. I was out of status probably for more than two years. Now, I just got my receipt for July 2 485 application. My PD is April 2006. I'm read people are talking here that when you re-enter on a new h1, your previous out of status "status" will be irrelevant.
I am ready to file for my AOS(I-485) for the second time based on my employers I-140 petition and would like someone (unitednations ?) to see if there are any possible gotchas.
Chronology
========
#1 May 2001 - Come to US on H1B (California) I-94 valid till Nov 2003
#2 Oct 2001 - Change employers and get a H1 transfer (California) New I-94 valid till Feb 2004
#3 Nov 2002 - Fall in love with an American girl
#4 Dec 2002 - Quit job and move to Michigan to be with girlfriend (Out of status)
#5 March 2003 - Find job in MI, employers lawyer botches my H1 transfer / extension (Out of status)
#6 October 2003 - Fall out with employer and quit.
#7 November 2003 - Marry girlfriend (Out of status)
#8 April 2004 - Wife files I-130/I-485/I-765 (AOS Pending status)
#9 April 2004 - Find a new employer "X" and start working for him
#10 June 2004 - Wife and I have irreconcilable differences and I separate, later file for divorce
#11 June 2004 - "X" petitions for new H1B for me for FY-2005 starting in Oct.
#12 July 2004 - leave US and go back to homeland, get new H1 visa stamped with expiration date of June 2007
#13 Sept. 2004 - Come back to the US with new H1 visa stamp and get new I-94 (exp. June 2007) -----> Fresh start, eh ?
#14 Nov 2004 - Divorce final
#15 Dec 2004 - "X" files Labor RIR EB3. PD is Dec 2004
#16 Dec 2005 - "X" files labor PERM EB2. PD is Dec 2005
#17 Feb 2006 - PERM labor EB2 approved
#18 March 2006 - Voluntarily went to local CIS office and withdrew old I-485. Proof of withdrawal obtained.
#19 June 2006 - EB2 I-140 filed with copy of labor (Still pending) Obtained receipt
#20 Oct 2006 - EB3 labor approved from backlog center
#21 May 2007 - File for 7th year H1B extension
#22 Jun 2007 - EB3 I-140 filed (Still pending). Obtained receipt
#23 Jul 2007 - H1B Extension approved (new I-94 with expiration of Jun 2008)
#24 Jul 2007 - Ready to file I-485 concurrent with EB3 I-140
Since 2004 I have maintained valid non-immigrant status (I think). Will I have any issues with accrual of out of status / unlawful stay based on my actions above ?
As you can see, mine is not a straightforward case.
The million dollar question : Based on my actions in steps #4 thru #10, is there a chance that my new I-485 will be adversely affected ? If so, is there anything that anyone can tell me to remedy/rectify the situation to avoid it ?
Thanks !
My case has some similarities, except marrying an American and divorce, but I was out of status for a long time and I thought there was no hope at all. One of my former clients offered me a job and sponsored my h1 of course. I went home and have my new h1 stamped and came back. I was out of status probably for more than two years. Now, I just got my receipt for July 2 485 application. My PD is April 2006. I'm read people are talking here that when you re-enter on a new h1, your previous out of status "status" will be irrelevant.
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Milind123
09-07 10:23 PM
I think he is telling the truth. Otherwise we would have almost 100% attendance for the rally. But it does not seem like. So, i think we "so called higly educated and qualified" need to think about it.
Maybe so. He like many other people (esp. on TV) has a hidden agenda in his message. Why does he want you to contact him thru email? I for one stay away or get swayed by anyone on this board esp. if it their second post. All I can say is good marketing, sorry but tough luck.
Maybe so. He like many other people (esp. on TV) has a hidden agenda in his message. Why does he want you to contact him thru email? I for one stay away or get swayed by anyone on this board esp. if it their second post. All I can say is good marketing, sorry but tough luck.
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anurakt
12-19 01:27 PM
Has the marathon finished and turned into 500 meter race :D :D :D
You guys should be ashamed that you cannot beat one guy on this forum and are a memebr of a forum which wants to revamp the whole immigration system in this country......:mad: :mad:
I dare this forum to beat my challenge ..... one test and the whole forum fails
You guys should be ashamed that you cannot beat one guy on this forum and are a memebr of a forum which wants to revamp the whole immigration system in this country......:mad: :mad:
I dare this forum to beat my challenge ..... one test and the whole forum fails
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ItIsNotFunny
03-06 11:29 AM
I pledge $50 for this effort.
This data will be very useful in making a solid case for fixing EB GC issues.
With this data, our claim will be supplemented and supported by the figures. Which is going to be really helpful for our cause.
Come on folks, this is very important..
Everyone is going through a hard time, but this expense of $25 is simply too important to ignore.
We can do it...
Amit, You are really a great asset to community. Thanks for all your support. This will be a good motivation for others.
Guys, we are going really well. We need to make this happen. Yes, we can!
This data will be very useful in making a solid case for fixing EB GC issues.
With this data, our claim will be supplemented and supported by the figures. Which is going to be really helpful for our cause.
Come on folks, this is very important..
Everyone is going through a hard time, but this expense of $25 is simply too important to ignore.
We can do it...
Amit, You are really a great asset to community. Thanks for all your support. This will be a good motivation for others.
Guys, we are going really well. We need to make this happen. Yes, we can!
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gc_check
04-13 08:46 AM
Sad, but true, the substitution labor are utilizing the visa numbers a lot.. Not sure if any thing can be done @ this time.... There were lots of new people filed I-140/I-485 utilizing substitution labor in July / Aug 07 as the LC substitution was sunset after wards... Though it is legal :confused: they could have made the PD, they day I-140 was filed, since they allow to retain original PD, now people who really waited are forced to wait even longer.... Now that the program is sunset and also many people already jumped the line, do not see any advantage in complaining about it and expect no administrative reaction to this as labor sub no longer exist... Only solution to retro... is unused visa recapture / increase visa number / exclude dependent / etc... none of these can happen without intervention from congress.... which required very intense lobbying... which in turn requires $$$$ ... and more participation and contribution from the members seems to be the only option that could help all... If you don't help yourself.. no one would !!!
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needhelp!
11-19 01:45 PM
I hope you will use your new-found power wisely.. as in bump the right threads :)
the first 'bump' of my wwwlife
the first 'bump' of my wwwlife
chintu25
03-09 10:46 AM
Wait for today EOB .... if you do not get a reply from IV go for the Paypal account. Nothing wrong in that
pritesh80
05-17 01:31 PM
Does one need to be on an F1 (students) visa to get an assistantship?? Can one work only on university campus while doing their assistantship?? If not where is one eligible to work on assistantship & what type of jobs are available?? My wife is planning to do her CPA on an H4 visa, can she work on assistantship while pursuing it??�Please respond.
I am sorry...I do not have too much info abt the H4 visas...Actually I am not sure whether she can do an assistantship on H4 only because it is not a visa on which you can get paid any compensation for work...Isnt the institute where she is doing her CPA sponsoring her F1??
I am sorry...I do not have too much info abt the H4 visas...Actually I am not sure whether she can do an assistantship on H4 only because it is not a visa on which you can get paid any compensation for work...Isnt the institute where she is doing her CPA sponsoring her F1??
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