JakeJapan
01-24 12:26 PM
Returning to the US after living abroad for 9 years and need to know what is the best process for my wife to re-apply for green card.
History:
My wife and I have been married for 20 years, own a home in the US and have one child who holds a US passport. While living in the US my wife held a Green Card. However, when we moved she surrendered the card. Now we are returning to the US and she need to get the Green Card once again. Does she need to apply as if this is the first time or is there an application or process for previous residents or Green Card holders?
Thank you for any and all help you can provide.
cheers,
Jake
History:
My wife and I have been married for 20 years, own a home in the US and have one child who holds a US passport. While living in the US my wife held a Green Card. However, when we moved she surrendered the card. Now we are returning to the US and she need to get the Green Card once again. Does she need to apply as if this is the first time or is there an application or process for previous residents or Green Card holders?
Thank you for any and all help you can provide.
cheers,
Jake
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nixstor
09-07 10:04 PM
3/4th of U S A sleeping :)
hineeta
05-22 03:17 PM
Hi,
Our attorney told us to get documents ready to file I-485 as our PD of Jan 2004 might get current, hopefully. Unfortunately, my birth certificate does not have my name (at time of birth, name was not decided) but rest info is there. This makes for incomplete information on birth certificate. Here is what we have been advised to do (copied from attorney's mail):
My question is has anyone got Nonavailability certificate in case of missing birth certificate from Delhi (my place of birth), India. If yes, please...........help me out and let me know how to go about it. My parents are not even sure which Municipalty branch to go to.......they are getting the affidavits ready, though.
"Since your birth certificate is not available, you may obtain a Certificate of Non-Availability: This document is issued by a competent governmental authority confirming that the birth certificate does not exist. There is no set format for certificates of non-availability, but the document must indicate the reason the birth record does not exist, and indicate whether similar records for the time and place are available.
You may also obtain a Affidavit of Birth: If a birth certificate does not exist, was issued more than one year after your birth, or does not contain all of the required information as stated above, a sworn affidavit executed by both parents (mother and father) may be submitted. "
Our attorney told us to get documents ready to file I-485 as our PD of Jan 2004 might get current, hopefully. Unfortunately, my birth certificate does not have my name (at time of birth, name was not decided) but rest info is there. This makes for incomplete information on birth certificate. Here is what we have been advised to do (copied from attorney's mail):
My question is has anyone got Nonavailability certificate in case of missing birth certificate from Delhi (my place of birth), India. If yes, please...........help me out and let me know how to go about it. My parents are not even sure which Municipalty branch to go to.......they are getting the affidavits ready, though.
"Since your birth certificate is not available, you may obtain a Certificate of Non-Availability: This document is issued by a competent governmental authority confirming that the birth certificate does not exist. There is no set format for certificates of non-availability, but the document must indicate the reason the birth record does not exist, and indicate whether similar records for the time and place are available.
You may also obtain a Affidavit of Birth: If a birth certificate does not exist, was issued more than one year after your birth, or does not contain all of the required information as stated above, a sworn affidavit executed by both parents (mother and father) may be submitted. "
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chee
10-27 10:02 AM
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: This case has been sent to another office for processing because it has jurisdiction over the case.
On October 6, 2008, we transferred this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our LOS ANGELES, CA location for processing because they now have jurisdiction over the case. This case has been sent to our LOS ANGELES, CA location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
Current Status: This case has been sent to another office for processing because it has jurisdiction over the case.
On October 6, 2008, we transferred this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our LOS ANGELES, CA location for processing because they now have jurisdiction over the case. This case has been sent to our LOS ANGELES, CA location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
more...
kirupa
01-12 02:54 PM
It also depends on whether you are creating a WPF app or a WinForms app. There are several built-in classes that automate the process of you playing sounds, so let me know what language and platform you are writing on.
gopikannappan
03-01 06:32 PM
Hi All,
My Case:
I am planning to travel to India from 11-March till 27-March and my current petition(VISA) ends on 5-April. My company already filled for the extension process (on 30-Jan).
Three possible scenarios
1. If I get the extension approval before leaving to India, do I have to set up a stamping slot at the US consulate in India or can I just carry the new petition and while entering back in US just show that to the immigration officer.
2. If the approval comes on 26-March, what should I do, can I still travel to US without the new stamping.
3. If I dont get the approval till 27-March, can I travel to US with my old petition without any problem?
Thanks in advance
Gopi
My Case:
I am planning to travel to India from 11-March till 27-March and my current petition(VISA) ends on 5-April. My company already filled for the extension process (on 30-Jan).
Three possible scenarios
1. If I get the extension approval before leaving to India, do I have to set up a stamping slot at the US consulate in India or can I just carry the new petition and while entering back in US just show that to the immigration officer.
2. If the approval comes on 26-March, what should I do, can I still travel to US without the new stamping.
3. If I dont get the approval till 27-March, can I travel to US with my old petition without any problem?
Thanks in advance
Gopi
more...
friend99
10-14 09:00 PM
Hi,
I applied on July2nd, I got the receipts on september7th and FP for oct23rd but no EAD yet! I have seen most of them get EAD but no FP, Does it matter which comes first should I wait sometime after FP for EAD?
I applied on July2nd, I got the receipts on september7th and FP for oct23rd but no EAD yet! I have seen most of them get EAD but no FP, Does it matter which comes first should I wait sometime after FP for EAD?
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senk1s
10-15 05:02 PM
your company needs to maintain an HR file with I9 for all employees (including US citizens)
more...
harrydr
05-11 09:59 PM
Wait time for spouse to get a green card as a derivative from you would be apporximately 5 years since you already have your green card now. the best option is to wait for to get your US citizenship and them apply for your spouse and in that case the max. wait time os only 3-6 months. Hoep this helps.
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sbay2006
07-12 05:38 AM
Hi All,
I used the AR-11 form for the change of my address. I did it online. Also, while changing there is an option to change the address for any pending petition. In my case it is the I-485, which I changed.
My question is, how to verify if the address has actually changed in the system at USCIS. I checked my case status online and did not see any LUD's.
Please let me know if anyone of you have done the change of address and share your experience.
Thanks!!!
Call the 1-800 number and navigate to an rep via the POJ method.. You can verify you address with them.
I used the AR-11 form for the change of my address. I did it online. Also, while changing there is an option to change the address for any pending petition. In my case it is the I-485, which I changed.
My question is, how to verify if the address has actually changed in the system at USCIS. I checked my case status online and did not see any LUD's.
Please let me know if anyone of you have done the change of address and share your experience.
Thanks!!!
Call the 1-800 number and navigate to an rep via the POJ method.. You can verify you address with them.
more...
Jimi_Hendrix
08-07 06:43 PM
..if you really feel so arrogant about it, so be it. I realize there is no point talking/debating/discussing anything with you because you are rarely rational in your responses.
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dsneyog
01-15 09:21 AM
Thanks. That helps.
Now to make sure how do I know the person I found it correct?
I am in VA. Should I contact any senator on state or my county specific?
Welcome to MarkHerring.org (http://www.markherring.org/html/links.html)
here he is in my county. So I guess I am approaching right person?
Most have their websites. Send email and they will get back to you.
If no websites, find the address from the State Governor's website and send a letter explaning the situation. they will send you a document-release form. Fill that form and send copies of all the required documents for your case.
Most Senator's office are really quick in correspondence.
All the best.
Now to make sure how do I know the person I found it correct?
I am in VA. Should I contact any senator on state or my county specific?
Welcome to MarkHerring.org (http://www.markherring.org/html/links.html)
here he is in my county. So I guess I am approaching right person?
Most have their websites. Send email and they will get back to you.
If no websites, find the address from the State Governor's website and send a letter explaning the situation. they will send you a document-release form. Fill that form and send copies of all the required documents for your case.
Most Senator's office are really quick in correspondence.
All the best.
more...
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06-02 11:00 AM
From Talking Points Memo: Remember how Tom Tancredo went on CNN last week and called Sonia Sotomayor a racist, accusing her falsely of being a member of a "Latino KKK"? Well, if racism so offends him, how does he explain this? On July 7, 2007, at approximately 7:15 p.m. at Jefferson and M Street, Northwest, in Washington, D.C., defendant was walking down the street making offensive remarks when he encountered the complainant, Ms. [REDACTED], who is African-American. The defendant uttered, "Nigger," as he delivered a karate chop to Ms. [REDACTED]'s head. That defendant is named Marcus Epstein--a former Tancredo speechwriter...
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bostonian28
02-20 12:26 PM
Any idea with whats going on with TSC Processing times, my PD is current Nov' 2003, however do not see any movement in the processing times, 485 applied on Aug 7, 007, any idea when they will publish the new processing times? Any way we can know where we are in the 485 proccess?
Thanks in advance.
Thanks in advance.
more...
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gnutin
05-17 03:16 PM
Short answer: No.
However, that said, you could have multiple H1 visas and work full-time for one and part-time for the other, as long as the first one doesn't have a problem with it :-)
If you get paid for work in the home country, there may be complications. One being that you'll still be taxed in the US. Consult a good Immigration attorney and a good CPA before doing anything like this.
However, that said, you could have multiple H1 visas and work full-time for one and part-time for the other, as long as the first one doesn't have a problem with it :-)
If you get paid for work in the home country, there may be complications. One being that you'll still be taxed in the US. Consult a good Immigration attorney and a good CPA before doing anything like this.
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hojo
08-20 03:24 PM
nah, I meant the original post.
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sjain1979
07-08 06:24 PM
We need to make a very important decision this weekend and any help will be highly appreciated.
My husband�s (EB3/India) employer is willing to give us a �Labor Substitution/I-140� (PD: March 2005). But, I really want to apply for COS H4 to F1.
So the two options we have is
1) Apply for both �Labor Substitution/I-140� and COS H4-F1
2) Apply for COS H4-F1 and let go of �LC Sub�.
I have spoken to a lawyer and he is saying that we can apply for both �LC Sub� and COS and that there is a very good chance that COS will also go through, although there is a very small risk. But, I am getting conflicting messages from other sources suggesting there is a high risk of COS being denied.
We are trying to determine the amount of risk we are taking if we apply for "LC Sub" and COS at the same time. If the risk is high, that we would just apply for COS H4-F1.
This is a really tough decision and any advice would be greatly appreciated.
My husband�s (EB3/India) employer is willing to give us a �Labor Substitution/I-140� (PD: March 2005). But, I really want to apply for COS H4 to F1.
So the two options we have is
1) Apply for both �Labor Substitution/I-140� and COS H4-F1
2) Apply for COS H4-F1 and let go of �LC Sub�.
I have spoken to a lawyer and he is saying that we can apply for both �LC Sub� and COS and that there is a very good chance that COS will also go through, although there is a very small risk. But, I am getting conflicting messages from other sources suggesting there is a high risk of COS being denied.
We are trying to determine the amount of risk we are taking if we apply for "LC Sub" and COS at the same time. If the risk is high, that we would just apply for COS H4-F1.
This is a really tough decision and any advice would be greatly appreciated.
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Blog Feeds
03-10 07:20 AM
Great tip from AILA for our H1B (http://www.h1b.biz/lawyer-attorney-1137085.html) filers trying to beat the rush. Because you cannot submit an LCA earlier than six months prior to the beginning date of the period of intended employment (20 CFR � 655.730(b)), if you want your LCA in hand before April 1, then set your employment start date on the LCA for a date in September, and set the expiration date for a date no more than three years hence. File the I-129 with a start date of October 1, but with an expiration date that coincides with the expiration date of the LCA. You will lose a couple of days on the back end of the petition by doing this, but you will get the LCA filed and back before April 1.
Example:
LCA start date: 9/1/10
LCA end date: 8/31/13
Form I-129 start date: 10/1/10
Form I-129 end date: 8/31/13
Due to delays in receiving approved LCAs, take the proper precautions and file your LCA early to avoid any undue delays.
Although under certain circumstances USCIS has agreed to accept H-1B petitions for processing that include LCAs that have not been certified, attorneys should understand that if the LCA submitted with the H-1B petition is eventually denied, the H-1B (http://www.h1b.biz/lawyer-attorney-1137085.html) will be denied, even if a subsequent certified LCA is submitted. This is even true where the denial is due to DOL error in not being able to verify a petitioner's FEIN. However, USCIS has also indicated that if the sole reason for failing to apply for an Extension of Status or Change of Status is due to DOL delay in the certification process, USCIS may look at the totality of the circumstances in determining whether to accept the late filing.
Bottom line is that getting an approved LCA before April 1, 2010 is crucial. Pay attention to detail and get the files ready in advance is a must.
More... (http://www.visalawyerblog.com/2010/03/h1b_visa_lawyer_getting_the_lc.html)
Example:
LCA start date: 9/1/10
LCA end date: 8/31/13
Form I-129 start date: 10/1/10
Form I-129 end date: 8/31/13
Due to delays in receiving approved LCAs, take the proper precautions and file your LCA early to avoid any undue delays.
Although under certain circumstances USCIS has agreed to accept H-1B petitions for processing that include LCAs that have not been certified, attorneys should understand that if the LCA submitted with the H-1B petition is eventually denied, the H-1B (http://www.h1b.biz/lawyer-attorney-1137085.html) will be denied, even if a subsequent certified LCA is submitted. This is even true where the denial is due to DOL error in not being able to verify a petitioner's FEIN. However, USCIS has also indicated that if the sole reason for failing to apply for an Extension of Status or Change of Status is due to DOL delay in the certification process, USCIS may look at the totality of the circumstances in determining whether to accept the late filing.
Bottom line is that getting an approved LCA before April 1, 2010 is crucial. Pay attention to detail and get the files ready in advance is a must.
More... (http://www.visalawyerblog.com/2010/03/h1b_visa_lawyer_getting_the_lc.html)
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supercool
08-06 02:57 PM
Hi..I was in a similar situation. Best thing for you to do is File for F2. Make sure you send dependent I-20 issued from your wife's school with your F2 application. Pay slips are only needed for changing status from H1 to F2, in your situation. No payslips are needed when you change status back to H1, because you are on F2 at that time. hope this helps.good luck.
deardar
03-24 09:27 AM
Why dont you join the MA state chapter for IV and email the group so someone can get in touch with you and perhaps guide you to a good lawyer .
There are lot of knowledgeable folks in the group who might be able to help you out.
Thanks
There are lot of knowledgeable folks in the group who might be able to help you out.
Thanks
gmpa
11-08 03:39 PM
I have no US visa stamped in my passport and planning to fly Emirates to India via Dubai. I will use AP for re-entry. Do I need transit visa at Dubai like London and other European Airports? Response from anyone with experience will be appreciated. If already discussed here, guidance to particular forum will help.
