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  • rbalaji5
    01-11 01:52 AM
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  • perm2gc
    12-09 03:05 AM
    Hi,

    I am going to get married next week.

    I am a H-1b visa holder and I have applied for green card. I am waiting to get approval of I-140.

    I want to file the H-4 visa for my wife and I have couple questions :

    1) How difficult is to apply for H-4 ? Do I need a lawyer for that ?

    2) How will my new status effect my green card application ? Do I need to apply again for I-140 ?

    Thank you for your help.

    Andrea
    1. First time it is always good to approach thru an immigration attorney.

    2.No you don't have to.





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  • alterego
    11-14 08:49 AM
    If your 485 is denied, all derivative benefits like EAD/AP are also lost. You therefore can't use EAD for another job even if 6 months have elapsed.





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  • dg_247
    05-19 05:37 PM
    Thanks for quick reply.

    As of now, my friend is getting trained by local institutes in other IT realted field and searching for job. If things go well he might get a project in a month or so.

    Q.Till he gets a project what risk does he have to his status?
    Q.If he gets a project will everything be ok?

    Pls advise

    Thank you.



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  • adnan_vijay
    12-11 09:50 PM
    Hello,
    According to my knowledge the majority of name checks submitted are electronically checked and returned to the submitting agency as having "No Record" within 48-72 hours. The processing time for FBI name checks usually take from 30-120 days but timing does vary from case to case. The FBI’s intention is to have all visa requests processed within 120 days. Most name check requests that are over 60 days old are the result of the time required to retrieve and review field office record information. Any case which is not processed within this time frame is usually delayed because of a potential "hit" which will be further reviewed manually.

    Hello Sir,

    Thank you for the quick reply.

    As my application have been lodge for almost 2.5 months now.

    Can I please ask 'when' is the FBI name check done? Is the FBI name check the first thing that will be done?

    How will I know that my FBI name check is successful?



    Thank you once again.

    :confused:





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  • Onesimus
    02-25 08:31 PM
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  • frostrated
    08-11 02:24 PM
    My friend will come from India on H1B first time to Atlanta Air port this weekend. His H1B was approved for year 2008 and his stamping was done in early 2009. His H1B is from small desi consulting company. What kind of questions he may face? Any inputs will highly appreciated.

    One of the most common questions for situation your friend is in is why he waited this long to come to the US after approval of H1B visa. Another question is to show proof of job availability. It is 2 years since a petition was applied for him and a year since he got his visa. Unless he has some very solid answers, there is a possibility that they might deny his entry.
    If you say that another position has opened up for which he is coming, then the next question would be if a new LCA was applied for the new position, which would then open up a totally new ball game. I would suggest that you have your friend contact his company lawyer for suggetions, rather than listen to advice given by people here who have not been in such situations.





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  • Ennada
    09-16 02:49 PM
    My wife is working on EAD and her EAD is expiring begining of next month. New EAD has been applied. Can she work with the EAD renewal receipt if the EAD expires ? What are the possible options ? Pleas help



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  • Blog Feeds
    05-05 06:50 AM
    This was long overdue but here are the latest on the Tri Valley story. A federal grand jury here has indicted the president of a Pleasanton, Calif., university on 33-criminal counts, charging her with an array of violations, including visa fraud, money laundering and alien harboring, as a result of a two-year investigation by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI).

    Tri-Valley University President Susan Xiao-Ping Su, 41, who also served as the school's chief executive officer, is accused of engaging in a two-year scheme to defraud the Department of Homeland Security (DHS) by submitting phony documents in support of Tri-Valley University's applications to admit foreign nationals on student visas. The indictment further alleges that after obtaining such approvals, Su fraudulently issued visa-related documents to student aliens in exchange for "tuition and fees."

    Su was taken into custody Monday morning at her Pleasanton, Calif., home by HSI special agents. She made her initial appearance here in federal court shortly after her arrest.

    In carrying out the scheme, Su is accused of making multiple false representations to DHS through Tri-Valley University's use of the Student and Exchange Visitor Information System (SEVIS), which the U.S. government uses to monitor the "F-1" student visa program. Through her false representations, Su was able to unlawfully obtain and issue F-1 visa-related documents without regard to the students' academic qualifications or intent to pursue a course of study required to maintain a lawful immigration status.

    According to the indictment, Su admitted and maintained foreign students in exchange for tuition and other payments. In furtherance of the F-1 visa scheme, Su also allegedly harbored multiple Tri-Valley University student-employees to assist her in making the false representations to SEVIS. The indictment further alleges the defendant engaged in multiple money laundering transactions totaling more than $3.2 million using proceeds she derived from the visa fraud scheme.

    Read more.. (http://www.ice.gov/news/releases/1105/110502oakland.htm)




    More... (http://www.visalawyerblog.com/2011/05/f1_student_visas_trivalley_uni_1.html)





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  • eb3_nepa
    05-27 03:26 PM
    I tried and tried but could NOT get through to Sen Specter's DC office. I have however contacted Sen Casey's office and spoke to the Gentleman there.



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  • buehler
    12-12 05:10 PM
    Hi,

    The last time I came back into this country, I used my AP as I didn't have my H1 stamped. My H1 is valid till 2010.

    My EAD expired last month and my bumbling lawyer did not send in the I-485 copy and hence there was an RFE. So I still do not have an EAD approval.

    Would it be safe to get paid this month or should I have my company process this month's salary after I get my EAD approved?

    Siva





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  • kondur_007
    07-21 08:48 PM
    I do not have personal experience with Fragomen; however I have heard that it is the large immigration law firm in the country.

    The only problem (as far as I know) with them is that your PERM WILL be audited (according to DOL memo). This may lead to delays (and god only knows how long...)

    Most people on this forum know this fact; I mentioned it as you appear to be the novice player...

    Good Luck



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  • rkm
    02-19 07:25 AM
    Is this for H1/H4/B1/B2 appointment?

    Is so, then no need to worry about this. I had the same issue. Nothing has happened.They did not ask.





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  • ramreddy
    08-18 12:06 PM
    Hi
    I was not so so keen until this matter was resolved..BUT my GC got approved.
    I am separated from spouse. But when I filed 485, I was "married" because our relationship was still unstable.
    Now QUITE FRANKLY I am NOT sure what's going to happen ahead.Dont ask me why. This whole uncertainty depressed me . If I re-unite and my wife is in India and I am on GC HOW do I call her here ?
    If I divorce and re-marry how do I get my new wife here.
    In any case , I dont plan on getting more than 1 person so pl dont look at it from a gamers view.
    Thanks for ur help
    RR



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  • andy garcia
    03-28 08:12 PM
    Fiscal year 2007 -- Does this mean all the visas issued from nov-07 till date or nov-06 to oct-07 ?

    Fiscal Year 2007 means Oct 1, 2006 to Sep 30, 2007





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  • sertasheep
    04-03 06:08 PM
    ANSWER:
    Your lawyer is partly right. You can either petition once you are a citizen, or you can petition for a "hardship waiver" once you become a LPR(ie when you get a GC).

    Not sure if you have visibility into when you may likely be getting your GC, but don't risk fudging the truth on the documents. You might get into more trouble than you already are. Remember that on a temp. visa like the H1, your rights are pretty much limited.

    In my opinion, if you really want to stay in the US for the long term, you may be better off separated (unless the law changes), or move to another country. Note that there will be several hardships you may encounter..for example, simple things like opening a bank account, buying a home , renewing a driver's license, etc.,

    I know this sounds harsh, but thats how it is. Purely my opinion.......





    QUESTION:


    He is an undocumented immigrant in the U.S. for more than 10 years. So my lawyer told me that I could only help him to get greencard when I become a citizen. So I have the following questions :

    When I do my first time H1B visa renewal, will my new Marriage status disturb me to get the H1B renewal? should I just simply fill in the form saying I am "SINGLE" and not tell the consulate? Will the consulate know?



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  • jsb
    11-27 04:31 PM
    Thank you wandmaker. This helps.

    - But can a person be unemployed before the 180 days elapse? What happens if person is unable to find a job before 180 days?

    - Also, per your information - can the person find a new job, change H1s and then wait for 180 days to send in a letter to USCIS?

    The whole GC process is based on future employment which your employer undertook to give you on your getting GC. If your employer (who let you go) is still committed to that, you are fine, but that is unlikely. Best is just do nothing until 180 days pass, except finding another employer (no problem if you are unemployed in between) who is prepared to offer you same/similar job. Once 180+ days pass, you are ok provided your I-140 was already approved or is approvable. You may want to read bulletins on the subject USCIS has issued time to time.

    Yes, you can wait for 180 days before telling USCIS about your new same/similar job. You don't need to change H1, just use EAD.





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  • IneedAllGreen
    06-22 09:35 PM
    Can someone post sample employment letter for filling I-485. I will need this letter to forward it to my employer.

    Appreciate your help.

    Thanks
    INeedAllGreen





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  • tanmoymuk
    03-02 02:09 PM
    I recently got my EB1 I-140 approved. Now my lawyer wants to apply for the I-485 but I am unemployed currently. What are my options in this case? Do I show I am self-employed and apply the I-485 or wait till I get a job.

    Just as a background I already have a EB2 Employer based I-485 in process and therefore have the EAD and AP in hand. The EB2 I-485 was applied in 2007 so it is past the 180 days period.

    Urgent help will be greatly appreciated.





    kirupa
    01-18 04:03 AM
    Hi stephsh - does it have to be HTML?

    Looking at your example, it looks like you are trying to display special characters as text. That can be done by just fiddling with encodings, so if you want, I can provide some additional information on that.





    smwarriar
    08-13 04:31 PM
    Hi,

    Congratulations on getting the F1 approved !

    I am also planning to convert my wife's status from H4 to F1. I would really appreciate if you could answer some of my doubts since I am also planning to apply F1 for my wife:

    - What are the precautions needed to be taken so as to avoid rejection ?

    - Can you send me the sample Cover letter you used for your application. I heard that its really important in decision of the application.

    - Also is it better to show the financial amount in Banks + Stocks ( would this potray as potential immigrant since money is inside USA ?). Or should I also show some property back in India so that it shows the ties back in india ?

    - I will be the sponsor for my wife and since I am on H1-B , will that have a negative (-ve) impact since H1-B is for DUAL intent visa category for immigration & temp work ?

    - How to show property valules in India ? An Affidavit or Original documents or how to combine all together ? does everything need to be certified by SAME lawyer or an authorized Attested official (because if yes, will an Indian Attested document suffice ?)

    Thanks once again for your help , I really appreciate it... have a good day...

    regards,
    Sunil



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