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PIO is a foreign national who has Indian origins or Indian ancestors and OCI is verseas Indians who migrated from India after 26th January, 1950, except those from Pakistan and Bangladesh.

Thanks all for your help and sorry for the new thread.

She could join from the day when the papers for transfer was mailed, this is as per AC21 law. She does not need to wait to receive the receipt from USCIS.

yea its not a premium processing case. we r just trying to play it safe by waiting for the receipt. the new employer is not giving her grief or anything about joining quickly. the paralegal said that they are experiencing delays at uscis. i guess this whole bi-specialization thing is gona end up being another orginizational fiasco.

Hi,

I am on H1 visa. 485 pending, and have EAD. However the 1 yr period of EAD is nearing, the EAD expiry date is Aug 20. We have already applied for EAD renewal and have recieved 'notice of receipt' for the application.

My question is can I use EAD and change job while EAD renewail is in process? The problem is that the current employer may be closing this dept in few weeks and therefore, I will be losing this job. I would like to know if i can join a new job while EAD renewal is in progress.

Any suggestions please

thanks

You can, for the duration of your current EAD. If you get your new EAD before that, then everything is fine. If not, you might have to stop working on the expiry date of your current EAD till you get the new one.

DISCLAIMER: I am not an attorney and this is not a legal advice.

My cousin is getting married to a US citizen in February 2009. I want to get information about K3 visa for spouse of US citizen. My questions are:

1. I have heard that it takes long time to get K3 visa, is that true?

Yes it is true that the K3 visa may take a year and the spouse must remain in the home country during that time.

2. If the above statement is true then what other visa option is best for her, visitor or fiance visa (K1 visa)?

She can try for K1 visa but it must be filed now and she must come to the US before marriage. The K1 visa processing can take a few months so your cousin may be running out of time.

3. Is it necessary that immigrant visa petition (greencard) is in process before applying for K3 visa?

The K3 is the greencard process and it can only be filed after the marriage has occurred.

Thank you all in advance for your help!!!!

USCIS had been given strict guidelines to process all cases within a six month timeframe depending on the type of the case. But many cases have come to light which are not seeing the light of the day.

How about filing our taxes on April 16, but not on April 15.

I searched the forums briefly but could not find a similar case, please assist.

There is a requirement for me to take up another position with the same employer (sort of Lateral job transfer) with the following details:

My H1B is sponsored by State Government who I have been working for 6+ years.

PD=DEC 2002, EB3
485 Filed= JUNE 6, 2007
FP = JULY 17, 2007

The new position will be with:
Same Employer
Same Job Title
Same Job Description
Same Job Duties
Same Pay
Same Classification Code (internal state job code#)
Same Supervisor
Same Location physically same cabin
Same everything else I can think of.

ONLY THING DIFFERENT IS THE "POSITION NUMBER" that is assigned by the Personnel Department. There will be an internal advertising for the position and interview & selection process.

I would like to know:

1) Does accepting the position at this stage cause problem with the Green Card process, i.e, will it affect my I485, PD or anything else? I have waited 6+ years to get to this stage and obviously I do not want to take any kind of risk.

2) Do I need to inform or check with USCIS or any other agency about this position change?

3) Do I need to do anything else to protect my PD, AOS etc.


I would appreciate all the assistance I can get.

I don't know of any way to detect I-140 revocation. Contacting the employer's legal department is the only solution ...

Is it July 10th OR 20th - I am assuming July 10th :)

Thanks

july 10th

Hi,

Just Wanted to know if there is any bus ride from TX to DC ?

One of my friend is ready to apply for 485. He is all set.

The problem is he got recently married and his wife's passport and other details are not yet ready and she is still in India.

Can he still submit his 485 for his wife?

Gurus, any help / suggestions is appreciated.

If you just search on word 'wife' you will get the response from thousands of users who posted it. He cannot file 485 for his wife until she is here.

Hi
My H1b was approved in feb 2010 for location A.Before I could start working at location A,my company found a better client (close to home,better pay) at location B .(different state).
what should my company do or have done with regards to lca for me to work at location b.
should lca have been approved before I moved to location b or could it be filed after i started working at location b. If lca was filed after I started working, is that ok.If not, how do we correct this.
thanks
anand

I saw this and got online to try and reach out to the desi founder requesting him to consider also piloting this in India considering rural India is still in desperate need of energy development to help improve the basic infrastructure and lifestyle. Could not find a way to connect.

I will try installing V8. So, you had 4 pages of info about you, and another 4 pages of info about your dependent?


we used Adobe Acrobat Professional 8.

I am currently on H-1B and filed for Adjustment of Status. I filed my I-485, AP, & EAD in August 2007. I got my EAD and AP in 2007 and it expired last year as well. I did not use the AP. I am with the same employer that filed my green card application. I am continuing on H-1B and did not use EAD.

My H-1B is valid till April 2010. I have not applied for the extension of my EAD & AP. The H-1B stamp on my passport expired in August, 2007. Also, my passport is valid till October 2009. My wife is on H-4 and the visa stamp on her passport also expired in August 2007. Her H-4 is also valid till April 2010. I am planning a trip to India in the coming month.

I wanted to know the process for my travel to India at this time on H status. Should I follow the standard procedure to file for H-1B renewal stamping at Indian embassy in India. Do I need to apply for passport renewal now since I have 8 months before it expires. Is it true that now it takes 4 work days to get the visa stamp in Canada.

Your help in answering this would be really appreciated.

Thanks.

Hi,
Apologies for any inconvenience caused by this thread.
Does 1 require a UK Visa if they are travelling on British Airways? As i have my parents travelling from India to USA on British Airways(they have Multiple B1/B2 US Visa)..
Spoke to BA &they advised me to speak to UK Consulate.:(
Any info be helpful.
Thnx

Dallas-Fort Worth Immigration Lawyer Has Just Posted the Following:
Spouses of United States citizens may enter the U.S. with a non-immigrant K-3 visa while the immigrant visa petition is pending. It is important to note that the marriage must be valid in order to qualify and all previous marriages must be legally terminated. Thus, one will include either divorce or death documents (if applicable).

To obtain a K-3 visa, the U.S. citizen will file Form I-130 Petition for Alien Relative along with supporting documentation and the filing fee of $355. Once U.S. Citizenship and Immigration Services (USCIS) receive Form I-130, USCIS will issue a receipt notice indicating that they received the petition. The U.S. citizen will thereafter file Form I-129F Petition for Alien Fianc� with USCIS and include the I-130 receipt notice, and other supporting documentation. There are no filing fees when filing Form I-129F in this second step.

If the Immigrant Petition (Form I-130) has not been decided, and Form I-129F has been approved by USCIS, the file will be sent to the National Visa Center (NVC). The NVC will process the K-3 visa petition and send the K-3 petition to the U.S. Embassy or Consulate where the marriage took place or visa applicant's country of nationality. The K-3 visa applicant will be instructed by the U.S. Embassy or Consulate of further administrative processing.

If both Form I-129F (K-3) and Form I-130 (Immigrant Relative petition) have been approved by USCIS and both petitions were received by the NVC, the NVC will process the immigrant visa petition since there is no need to process the K-3 visa.

Please call us at (214)999-9999 for further information on K-3 visas or other immigration related questions.





More... (http://dfwimmigrationlaw.clarislaw.com/familybased-immigration/k3-visa-processing.php)

Remember in a marriage case....it is a 2 step process...Initially they get a temporary Gc and then after 2 years they get a permanent GC. So, she needs to see which GC is she getting before making any decisions.

Also ask them to go for counselling....if they can reconcile...

Make sure your spouse has valid AP on hand while she travel to overseas...so that she return using AP at POE..so AP is must at this point as her AOS is still pending...

Also get advice from your lawyer in advance..

*** Deleted since it was posted twice....sorry ***

I think u did not submitted your 485 application. You can only apply for EAD once u submit your 485 application. There are three stages of GC...Labor, 140 and 485...Once u have approved labor.. you need apply for 140 when your priority date is not current...When your priority date is current then you can apply for 140 and 485 together. Once you apply for 485 you can get EAD.

Only exception when you are on L2 Visa.

Hi,

My employer filed labor for me in October 2007. My labour got approved in Feb 2008. Can you please know when I can apply for the EAD? What are the pre-requisties to apply for an EAD.

Thanks a lot,
Nithin.