cdeneo
01-08 05:53 PM
If one has applied for AOS and received EAD/AP in the maiden name, should one wait or just get the name changed before I-485 is approved?
Once the name has been changed on the passport and SSN, what should be done to get the name changed on the AOS application and EAD/AP?
I would really appreciate your insight into this - Thanks!
If you decide to change the last name and if you plan right all of it can be done within 1 week (speaking from experience. changed spouse's last name after 2 years of marriage and it was damn easy).
First plan where changing it is priority..something like:
> Financial (Banks, credit cards, brokers etc.)
> US Govt Agencies
Immigration (Since you have applied for AoS, might wait)
SSN
IRS (will be changed with a new return)
Local towns (only if necessary)
DMV - License
> Passport
> Workplace
then let the spouse make a notarized affidavit that says that she is making the declaration that I am the same as "old name" and "new name" and that I am making this declaration to change the name in official records, agencies etc.
Put new and old signatures and notarize it. Take the affidavit, marriage certificate (assuming that marriage is the reason for change) and then it is a simple cakewalk whereever you go.
SSN as others mentioned would be the first step, second comes passport, with both of these in new name, DL is easy.
The more you wait wider would be the penetration of the old name. That said if ones spouse wants it changed and doesn't do it now, guess will never do it. Sometimes it is only a mental block that it would be tough...thousands get married, thousands change their name. It is a well known issue ;)
Good luck !
Once the name has been changed on the passport and SSN, what should be done to get the name changed on the AOS application and EAD/AP?
I would really appreciate your insight into this - Thanks!
If you decide to change the last name and if you plan right all of it can be done within 1 week (speaking from experience. changed spouse's last name after 2 years of marriage and it was damn easy).
First plan where changing it is priority..something like:
> Financial (Banks, credit cards, brokers etc.)
> US Govt Agencies
Immigration (Since you have applied for AoS, might wait)
SSN
IRS (will be changed with a new return)
Local towns (only if necessary)
DMV - License
> Passport
> Workplace
then let the spouse make a notarized affidavit that says that she is making the declaration that I am the same as "old name" and "new name" and that I am making this declaration to change the name in official records, agencies etc.
Put new and old signatures and notarize it. Take the affidavit, marriage certificate (assuming that marriage is the reason for change) and then it is a simple cakewalk whereever you go.
SSN as others mentioned would be the first step, second comes passport, with both of these in new name, DL is easy.
The more you wait wider would be the penetration of the old name. That said if ones spouse wants it changed and doesn't do it now, guess will never do it. Sometimes it is only a mental block that it would be tough...thousands get married, thousands change their name. It is a well known issue ;)
Good luck !
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suavesandeep
01-13 11:13 PM
If i am not drunk The whole idea of getting a labor substitution done was to get an earlier priority date. So i am pretty sure you should be getting your I-140 approved with the older priority date. I think you should talk to your lawyer to get it corrected.
I know all of us here do not like the idea of people jumping lines. But since you did all the hard work and were lucky enough to submit it before they banned substitution why not enjoy the fruits :)
I know all of us here do not like the idea of people jumping lines. But since you did all the hard work and were lucky enough to submit it before they banned substitution why not enjoy the fruits :)
raj2007
06-23 09:31 AM
My lawyer have said that I need to submit last year's tax return.
USCIS can ask for previous tax return any time. you maynot have tofile now but better to clean that. refile 1040X and pay the taxes and interst. you will be fine. IRS is good if you accept your mistake instead of catching you later.
USCIS can ask for previous tax return any time. you maynot have tofile now but better to clean that. refile 1040X and pay the taxes and interst. you will be fine. IRS is good if you accept your mistake instead of catching you later.
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sujan_vatrapu
10-28 04:12 PM
except very few most of the republicans are for legal immigration,
more...
permfiling
10-13 04:40 PM
What is the URL for checking the PERM case status?
immilaw
12-14 11:28 AM
Here is the satement of Senator Salzar on ICE Action and the Need for CIR
http://salazar.senate.gov/news/releases/061212immg.htm
http://salazar.senate.gov/news/releases/061212immg.htm
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nixone
07-30 05:09 PM
Nixone;
I really hope / wish you don't get audited.
DOL claimed that the newspaper ad was sent to them without the date of it. So we sent them back the whole paper-page where the date is usually printed at the very top with my job ad on it.
Good luck...
I hope so too and thanks for your reply. I am still confused. As far as I know, you are not supposed to send/submit any supporting documents with your LC application unless it is asked for in a later date.
Now my question is, did they ask you to submit the newspaper ad some point after your manager/lawyer submited your LC application online? It seems like you sent the just ad part and they were not satisfied with it and asked more evidence and you sent the whole page again. Did they deny your LC after you sent the whole page ad or what point did they deny it?
I really hope / wish you don't get audited.
DOL claimed that the newspaper ad was sent to them without the date of it. So we sent them back the whole paper-page where the date is usually printed at the very top with my job ad on it.
Good luck...
I hope so too and thanks for your reply. I am still confused. As far as I know, you are not supposed to send/submit any supporting documents with your LC application unless it is asked for in a later date.
Now my question is, did they ask you to submit the newspaper ad some point after your manager/lawyer submited your LC application online? It seems like you sent the just ad part and they were not satisfied with it and asked more evidence and you sent the whole page again. Did they deny your LC after you sent the whole page ad or what point did they deny it?
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ashkam
12-07 07:52 AM
I applied for my 485 in August and then applied for my H1B extension in november. Obviously your lawyer is incompetent.
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GCHope2011
11-29 08:21 AM
Hello ,
Im currently living in USA , came by tourist visa for 6 months , tomorrow was my experitation date , but my father company in south america filled a petition for me under the L1-B here in the united states. We create a new company here to be the subsidiary and the idea is to get the visa so I can stay here and do the work for the the company.
My question is , what posibilities are the USCIS can approve or deny my petition?
Here is the info about the parent company with the us branch :
Automotive sales , service of authorized delaer of Jeep Chrysler and Doge .
My job was manage the import area for auto parts being purchased in usa to be imported to the parent company.
I do not carry profesional degrees however i was in the payroll of the company since 1998.
I grew up in the company during the yearsd and scale in different titles till get the Import general manager title.
My job here basically will be perfom the auto parts inspection , purchased from provides in the usa , pay providers and take care of the business financial accounts.
Is this sufficient to get an approval? or it can be rejected?
We got asked a lot of documents and payrolls from parent company and so , but Im no sure if this petition is consisent to be approved since i do not have the profesional degree and I dont really see this work can be done for someone american here.
Then there is another issue realated with me , My petiton was submitted days ago and It suppoused i got an extension while the USCIS review my petition , however , 2 days ago my husband intent to come over the usa to visit me and his child and he had problems in inmigration at port of entry he was locked in a room for several hours and finally he got rejected , he could communicate with me over the phone to le me know what was going on , and he told me inmigration already knew I was here and the y saw my extension but they said they will come to check on me since my status was close to expire , so the said they know everything about my entry cuz they checked on the data base and so , now i want to know , this situation can be an issue to got a L1-B denial? I mean coudl the officers from the CBP write a note about me , since they got all my info , address and so?
Im really confused , I dont know is i will get an extension removal or what and If i willg et or not an L1-B visa , but since my husband have been banned to come to usa for several years I dont really see the point to get the visa , but some payments have been made by my parent company in south america , so I dont really know what to do , without knowing what status would i get since now.
How many time does the USCIS take to approve or deny a visa? my petition was submitted on friday.... my expiration date is tomorrow 29 may 2010 ... do i have to leave the country then? the attorney in charge said i was covered but after this problem with my husband im not so sure I really need another opinion .. thank you!
L1 Visa is for intra-company transfer of an employee based outside the US to a location within US.
To do so:
- A company must have a legitimate foreign business presence and should be able to prove its existence and legitimate business operations
- The person being transferred should have been a genuine employee of the foreign location of the company for at least 1 year within the immediate three years of the Visa petition
- The company must have a legitimate business operation already in existence in the US - the location to which the foreign employee is proposed to be transferred
- The company should be able to show the need for the specific expertise that the proposed individual brings to the position in the US, which cannot be obtained otherwise from the US labor market at the prevailing wage rate for the position
- The company should be in a sound financial position, to be able to afford and pay the salaries proposed for the individual
All the above conditions are scrutinized very carefully and evidence sought to substantiate them in case of any doubt by USCIS. They usually also evaluate if the US operations have been established primarily to be used as an immigration vehicle
So, if your application is very clear cut on all of these points, then at least you might have some chance.
There could be other criteria that USCIS looks for, which I am not aware of (since I am not a lawyer or have any direct experience of L1 filing).
Im currently living in USA , came by tourist visa for 6 months , tomorrow was my experitation date , but my father company in south america filled a petition for me under the L1-B here in the united states. We create a new company here to be the subsidiary and the idea is to get the visa so I can stay here and do the work for the the company.
My question is , what posibilities are the USCIS can approve or deny my petition?
Here is the info about the parent company with the us branch :
Automotive sales , service of authorized delaer of Jeep Chrysler and Doge .
My job was manage the import area for auto parts being purchased in usa to be imported to the parent company.
I do not carry profesional degrees however i was in the payroll of the company since 1998.
I grew up in the company during the yearsd and scale in different titles till get the Import general manager title.
My job here basically will be perfom the auto parts inspection , purchased from provides in the usa , pay providers and take care of the business financial accounts.
Is this sufficient to get an approval? or it can be rejected?
We got asked a lot of documents and payrolls from parent company and so , but Im no sure if this petition is consisent to be approved since i do not have the profesional degree and I dont really see this work can be done for someone american here.
Then there is another issue realated with me , My petiton was submitted days ago and It suppoused i got an extension while the USCIS review my petition , however , 2 days ago my husband intent to come over the usa to visit me and his child and he had problems in inmigration at port of entry he was locked in a room for several hours and finally he got rejected , he could communicate with me over the phone to le me know what was going on , and he told me inmigration already knew I was here and the y saw my extension but they said they will come to check on me since my status was close to expire , so the said they know everything about my entry cuz they checked on the data base and so , now i want to know , this situation can be an issue to got a L1-B denial? I mean coudl the officers from the CBP write a note about me , since they got all my info , address and so?
Im really confused , I dont know is i will get an extension removal or what and If i willg et or not an L1-B visa , but since my husband have been banned to come to usa for several years I dont really see the point to get the visa , but some payments have been made by my parent company in south america , so I dont really know what to do , without knowing what status would i get since now.
How many time does the USCIS take to approve or deny a visa? my petition was submitted on friday.... my expiration date is tomorrow 29 may 2010 ... do i have to leave the country then? the attorney in charge said i was covered but after this problem with my husband im not so sure I really need another opinion .. thank you!
L1 Visa is for intra-company transfer of an employee based outside the US to a location within US.
To do so:
- A company must have a legitimate foreign business presence and should be able to prove its existence and legitimate business operations
- The person being transferred should have been a genuine employee of the foreign location of the company for at least 1 year within the immediate three years of the Visa petition
- The company must have a legitimate business operation already in existence in the US - the location to which the foreign employee is proposed to be transferred
- The company should be able to show the need for the specific expertise that the proposed individual brings to the position in the US, which cannot be obtained otherwise from the US labor market at the prevailing wage rate for the position
- The company should be in a sound financial position, to be able to afford and pay the salaries proposed for the individual
All the above conditions are scrutinized very carefully and evidence sought to substantiate them in case of any doubt by USCIS. They usually also evaluate if the US operations have been established primarily to be used as an immigration vehicle
So, if your application is very clear cut on all of these points, then at least you might have some chance.
There could be other criteria that USCIS looks for, which I am not aware of (since I am not a lawyer or have any direct experience of L1 filing).
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oliTwist
01-22 01:42 PM
Yes, I am also going through the same process. But if you pay off everything, you have to pay 2% of your loan amount as penalty fee.
So, I am advised, that we can just keep the last 13months EMI, and pay off the remaining to avoid that 2% fee And let the 13months EMI be paid normally.
Its same for every bank in India.
So, I am advised, that we can just keep the last 13months EMI, and pay off the remaining to avoid that 2% fee And let the 13months EMI be paid normally.
Its same for every bank in India.
more...
resident1374
01-26 08:04 PM
I have been going around forums to get an answer and it seems my case is unique in nature...can someone help me out?
Recently had family-based AOS interview with the USCIS (my wife is a naturalized citizen). One question was asked by the officer - "Did I travel outside US after filing the AOS?" and my answer "Yes - to Canada for few days - by car".
I traveled to Canada on my company�s H1B.
The officer explained that once you file you Marriage based GC the only way you can travel is on Advance Parole. Travel on H1B is possible as long as the H1 and the AOS is of the same employer. In my case the AOS was family-based and the travel was on H1B. Such a travel may be considered to be abandonment of the Family based GC process.
The officer was extremely helpful in providing us information and said he needed more time to go through my case and decide on approval/denial of my case after consulting with other officers/supervisors (I130 looks good for approval) but there is a possibility (he said) that I may have to re-file the I-485 but there is a possibility that I may be approved.
He told he is waiting on some papers which is in some other State and that will take some time (not sure what papers was he talking about)
He also said that he will also look into my employer-based GC and see if he can approve that case if possible? Well, I am not sure about that as my priority date is SEP 2004 (EB3). This he said will save me some money of not re-filing and also instead of 2yr conditional GC (marrige is less than 2yrs) I will be able to get 10 yr GC. He took a copy of my I-140 receipt.
Now, I have a full-time offer from a company and not sure what to do? What if I use my Family-based EAD - that will invalidate my employer based pending AOS - correct? And what if my Family-based I485 gets denied due to abandonment while on the EAD - is the EAD still valid or is it valid only after re-filing the I485?
Any suggestions?
Thanks!
Recently had family-based AOS interview with the USCIS (my wife is a naturalized citizen). One question was asked by the officer - "Did I travel outside US after filing the AOS?" and my answer "Yes - to Canada for few days - by car".
I traveled to Canada on my company�s H1B.
The officer explained that once you file you Marriage based GC the only way you can travel is on Advance Parole. Travel on H1B is possible as long as the H1 and the AOS is of the same employer. In my case the AOS was family-based and the travel was on H1B. Such a travel may be considered to be abandonment of the Family based GC process.
The officer was extremely helpful in providing us information and said he needed more time to go through my case and decide on approval/denial of my case after consulting with other officers/supervisors (I130 looks good for approval) but there is a possibility (he said) that I may have to re-file the I-485 but there is a possibility that I may be approved.
He told he is waiting on some papers which is in some other State and that will take some time (not sure what papers was he talking about)
He also said that he will also look into my employer-based GC and see if he can approve that case if possible? Well, I am not sure about that as my priority date is SEP 2004 (EB3). This he said will save me some money of not re-filing and also instead of 2yr conditional GC (marrige is less than 2yrs) I will be able to get 10 yr GC. He took a copy of my I-140 receipt.
Now, I have a full-time offer from a company and not sure what to do? What if I use my Family-based EAD - that will invalidate my employer based pending AOS - correct? And what if my Family-based I485 gets denied due to abandonment while on the EAD - is the EAD still valid or is it valid only after re-filing the I485?
Any suggestions?
Thanks!
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Almond
07-17 07:22 PM
Below is a rough checklist I prepared for myself:
1. Six Photographs with name on back in pencil. YES
2. Copy of Birth Certificate with affidavits from Parents. YES
3. Checks for Filing fees. YES
4. Completed forms I-485, G-325A, G-28, I-765 and I-131. YES
5. Color Copies of passports. YES
6. Copy of I-94 both sides. YES
7. Copies of F-1 visa, I-20, OPT EAD and H1B visas. YES
8. Copies of W2s and tax returns for the years 2004, 2005 and 2006. YES
9. Medical examination Report. YES
11. Letter of Employment. YES
12. Copy of EAD and EAD application receipt. YES
13. Bank statement. YES
you need a bank statement!? what for :confused: I will pass out if it turns out I needed to send that in with my application, honest to God.
1. Six Photographs with name on back in pencil. YES
2. Copy of Birth Certificate with affidavits from Parents. YES
3. Checks for Filing fees. YES
4. Completed forms I-485, G-325A, G-28, I-765 and I-131. YES
5. Color Copies of passports. YES
6. Copy of I-94 both sides. YES
7. Copies of F-1 visa, I-20, OPT EAD and H1B visas. YES
8. Copies of W2s and tax returns for the years 2004, 2005 and 2006. YES
9. Medical examination Report. YES
11. Letter of Employment. YES
12. Copy of EAD and EAD application receipt. YES
13. Bank statement. YES
you need a bank statement!? what for :confused: I will pass out if it turns out I needed to send that in with my application, honest to God.
more...
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rksaigal
10-16 07:10 PM
Wishing you all a Very Happy Diwali.
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ramus
06-20 08:41 AM
Just call your local AAA office and they will tell you everything.. Mostly they take photo in main local office.
If you are plus member you get free 8 photos. I guess for regular member you will 6.
Can you detail how to get the photos taken from AAA?
Where do you need to go for the pics taken?
If you are plus member you get free 8 photos. I guess for regular member you will 6.
Can you detail how to get the photos taken from AAA?
Where do you need to go for the pics taken?
more...
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franklin
11-16 04:56 PM
If you have applied for AOS (1-485) your application will continue processing regardless of Priority Date becoming current.
However, and this is the important bit, you will only get your final approval (aka greencard in the mail) if a visa number is allocated to you. That only happens when you Priority Date is current (in the vast majority of cases, unless you were incredibly lucky and got a visa number allocated to you before Aug 17th - you would have your greencard by now if that were the case).
FWIW - this is how a lot of applications were approved in May / June time. A lot of people had been waiting a long time (since 05 before retrogression hit) with approved applications pending visa number availability. Suddenly, they became available, and they got their cards quickly.
Consider it this way. A lot of people appllied for AOS in 05 before retrogression. Their PD then became retrogressed and they were stuck in the yearly EAD / AP renewals, waiting for their PD to become current again for their GC to be approved. This happened for a brief window in May / June / July (depending on your PD / country ect) and then they got approval. Anything ringing a bell in this pattern?
However, and this is the important bit, you will only get your final approval (aka greencard in the mail) if a visa number is allocated to you. That only happens when you Priority Date is current (in the vast majority of cases, unless you were incredibly lucky and got a visa number allocated to you before Aug 17th - you would have your greencard by now if that were the case).
FWIW - this is how a lot of applications were approved in May / June time. A lot of people had been waiting a long time (since 05 before retrogression hit) with approved applications pending visa number availability. Suddenly, they became available, and they got their cards quickly.
Consider it this way. A lot of people appllied for AOS in 05 before retrogression. Their PD then became retrogressed and they were stuck in the yearly EAD / AP renewals, waiting for their PD to become current again for their GC to be approved. This happened for a brief window in May / June / July (depending on your PD / country ect) and then they got approval. Anything ringing a bell in this pattern?
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rb_248
09-05 03:33 PM
Congratulations!
Thanks. But, I am still not sure if I can start celebrating.
Thanks. But, I am still not sure if I can start celebrating.
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gsc999
07-11 01:34 AM
Lets take this offline. It will be a shame if we let this sour our success. Let the core team figure this out with USINPAC.
We sent flowers now we need help with the San Jose peaceful protest. Let us keep the momentum and not loose focus.
This event is unprecedented, as some member pointed out because it will be this first protest by legal immigrants on such a scale in San Jose, home of the silicon valley.
We sent flowers now we need help with the San Jose peaceful protest. Let us keep the momentum and not loose focus.
This event is unprecedented, as some member pointed out because it will be this first protest by legal immigrants on such a scale in San Jose, home of the silicon valley.
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kkt_tkk
10-09 01:31 PM
Hi,
My wife's EAD card returned back and message showing , card returned by Postal, undeliverable and need response by 180 days with update the address, yesterday's message.
Actually she got her FP and EAD notice receipt number to the same address, but card returned back.
But in this case I saw 20days back, card production ordered and sent the notice. And I am waiting for the card to be delivered and 30days to wait to ask customer service.
Request:
Can you please let me know , how to reach customer service representative with options type?.
My wife's EAD card returned back and message showing , card returned by Postal, undeliverable and need response by 180 days with update the address, yesterday's message.
Actually she got her FP and EAD notice receipt number to the same address, but card returned back.
But in this case I saw 20days back, card production ordered and sent the notice. And I am waiting for the card to be delivered and 30days to wait to ask customer service.
Request:
Can you please let me know , how to reach customer service representative with options type?.
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kirupa
01-14 12:51 AM
Cool - added! :)
nhfirefighter13
September 2nd, 2006, 06:37 PM
Nice job, Antonio. I like both but prefer the second. :)
starscream
04-21 05:42 PM
Hi All,
Anybody got any H1B extensions approved in the last 2 months - Please reply to this thread.
Been hearing things that H1B extensions are getting RFEd and even denied. Don't want to depend on rumors.
Thanks
Anybody got any H1B extensions approved in the last 2 months - Please reply to this thread.
Been hearing things that H1B extensions are getting RFEd and even denied. Don't want to depend on rumors.
Thanks
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