deecha
03-17 08:53 PM
As long as you're unmarried at the time of adjudication of the petition, you should be ok. This is not legal advice. Please consult a lawyer.
HI,
My aunt petioned for my mom (and thus her kids) years ago, My aunt's a Us citizen, and after many years the process has started its final run. For the last two years i was an F1 student in a college in the usa and recently ive come back home; while i was there i married randomly anyway, nothing happened it wasnt a real marriage, and im getting it annuled.
So now im back home and since this process (my aunts petition) has started , im 21 but im covered aswell since the child status protection act covers me. Now, the requirements for the children (derivative beneficiaries) of the aplicant/beneficiary (my mom) to be included are to be under.. 21 (im ok in this part because of CSPA) and UNMARRIED. My question is,,, am i still gonna be included if i show my annulment certificate? as i see it the annulment itself shows that an american court declared that marriage to be voidable and not real so it should make me unmarried.right? would it also be unmarried for immigration purposes if it was divorce instead of annulment? i'd appreciate any feedback, thank you.
.
HI,
My aunt petioned for my mom (and thus her kids) years ago, My aunt's a Us citizen, and after many years the process has started its final run. For the last two years i was an F1 student in a college in the usa and recently ive come back home; while i was there i married randomly anyway, nothing happened it wasnt a real marriage, and im getting it annuled.
So now im back home and since this process (my aunts petition) has started , im 21 but im covered aswell since the child status protection act covers me. Now, the requirements for the children (derivative beneficiaries) of the aplicant/beneficiary (my mom) to be included are to be under.. 21 (im ok in this part because of CSPA) and UNMARRIED. My question is,,, am i still gonna be included if i show my annulment certificate? as i see it the annulment itself shows that an american court declared that marriage to be voidable and not real so it should make me unmarried.right? would it also be unmarried for immigration purposes if it was divorce instead of annulment? i'd appreciate any feedback, thank you.
.
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judex
05-05 12:02 AM
eb2waiter,
senthil1 has a very good answer, now if you are asking for the specific date, no one can answer your question... better pray for the CIR to be passed first...
senthil1 has a very good answer, now if you are asking for the specific date, no one can answer your question... better pray for the CIR to be passed first...
mg_chase
01-11 12:19 PM
Been there. Done That. U should be just fine. Pls remember to contribute to IV.
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gcisadawg
06-26 01:16 PM
1) Since I140 never required the PD to be current how can one explain the backlog on I140 applications? They used to premium process those it in one month.
2) If 180 days pass since the I485 receipt date but I140 is not yet approved can one use AC21 safely?
(I understand the risk of having the I140 denied and being out of status. But aside of that... )
My understanding that the H1B cannot be ported once you have I140 pending without having to redo your I140 and I485.
The lawyers that created those laws must have been on something ...
Thanks
Caution: You are taking Risk!
Based on Yates memo ( you can google for this), a person with pending I-140
and I-485 pending for more than 180 days can invoke AC21 provided I-140 is approvable at the time of using AC21. Approvable meaning, if they take up your 140 during AC21, it should be in a position to be approved without RFE's.
There was a link on Ron's site where he said
1> if you don't have to worry about ability 2 pay issue, meaning, your company is big
AND
2> you don't have to justify your qualifications for your EB category. Say, a three year degree and some diploma/certification for EB3 and four year degree and questionable experience for EB2 or a four year degree with diploma/cert that qualifies as masters...Especially Eb2 you have to be careful...Since most jobs doesnt require Eb2 but people apply thru that because they have masters or Bachelors plus five....Don't get me wrong on this...I've seen people in EB2 category doing QA testing. I agree, there are many EB2 that do advanced work....and not just software application development/management.
If the above two are good, the chances of RFE on I-140 is slim.
Even if there is one, your old company should co-operate...I believe that is where the risk is....
2) If 180 days pass since the I485 receipt date but I140 is not yet approved can one use AC21 safely?
(I understand the risk of having the I140 denied and being out of status. But aside of that... )
My understanding that the H1B cannot be ported once you have I140 pending without having to redo your I140 and I485.
The lawyers that created those laws must have been on something ...
Thanks
Caution: You are taking Risk!
Based on Yates memo ( you can google for this), a person with pending I-140
and I-485 pending for more than 180 days can invoke AC21 provided I-140 is approvable at the time of using AC21. Approvable meaning, if they take up your 140 during AC21, it should be in a position to be approved without RFE's.
There was a link on Ron's site where he said
1> if you don't have to worry about ability 2 pay issue, meaning, your company is big
AND
2> you don't have to justify your qualifications for your EB category. Say, a three year degree and some diploma/certification for EB3 and four year degree and questionable experience for EB2 or a four year degree with diploma/cert that qualifies as masters...Especially Eb2 you have to be careful...Since most jobs doesnt require Eb2 but people apply thru that because they have masters or Bachelors plus five....Don't get me wrong on this...I've seen people in EB2 category doing QA testing. I agree, there are many EB2 that do advanced work....and not just software application development/management.
If the above two are good, the chances of RFE on I-140 is slim.
Even if there is one, your old company should co-operate...I believe that is where the risk is....
more...
rag_1970
11-10 08:51 AM
I came to US on H4, 3 years ago. Later I took my H1B with a recruiter and got it with I-94. It was valid up to 2007 oct. But I couldn't take up any work due to some problems. Recently I went to India and came back. At the port of entry I got new I-94 with H4 stamping. Means My H1 Is not valid now ? In this case, is there any way to apply for change of status again as my H1 is valid up to 2007. Or else do I need to apply for my new H1B again ? Pl. any one clarify.
payal_nag
11-27 03:28 PM
thanks for your response!
So were there any questions at the interview as to why you used Emergency?
So were there any questions at the interview as to why you used Emergency?
more...
fcres
06-29 10:58 AM
First renew your passport as soon as possible.
After that go to your local CBP office and request for I-94 update by showing your approved H1B petetion. If you are lucky, the CBP official might correct your I-94.
If not, apply for your H1B extension bfr your I-94 expires( a month bfr will do) as you can file for H1B extension six months bfr the current one expires ...
Good Luck ...
I don't think you need to change that I-94. But you need it to prove your last POE and date. My I94 stapled on the PP expired long time back. I just kept extending my H1 to have the valid stay.
Ofcourse you can renew you PP and keep the old I94 with your new PP. Try to do emergency PP renewal though.
After that go to your local CBP office and request for I-94 update by showing your approved H1B petetion. If you are lucky, the CBP official might correct your I-94.
If not, apply for your H1B extension bfr your I-94 expires( a month bfr will do) as you can file for H1B extension six months bfr the current one expires ...
Good Luck ...
I don't think you need to change that I-94. But you need it to prove your last POE and date. My I94 stapled on the PP expired long time back. I just kept extending my H1 to have the valid stay.
Ofcourse you can renew you PP and keep the old I94 with your new PP. Try to do emergency PP renewal though.
2010 World War 2000
grupak
11-15 01:29 PM
North Carolinians join us. Lets work together.
We had our first meeting, there are plans to meet local lawmakers. We need member participation.
We had our first meeting, there are plans to meet local lawmakers. We need member participation.
more...
tabletpc
12-22 02:06 PM
Thanks vikram for the speedy response.
Anyone out there with similiar expereince...????
Thanks
Anyone out there with similiar expereince...????
Thanks
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thakurrajiv
11-03 02:24 PM
Dont you need the FP notice to even enter that building, the guard or the cop standing will not even let you in, if you dont have the FP call for notice.
I never heard of walk-ins :)
gcdreamer is right, you need FP notice. But if your question is if you miss your appointment date and then whether you can walk in another day, then answer is yes. I went to FP 2 weeks ago. A lady next to me, had FP notice dated 3 weeks earlier.The office let her get FP done.I personally did not do this.
I never heard of walk-ins :)
gcdreamer is right, you need FP notice. But if your question is if you miss your appointment date and then whether you can walk in another day, then answer is yes. I went to FP 2 weeks ago. A lady next to me, had FP notice dated 3 weeks earlier.The office let her get FP done.I personally did not do this.
more...
dealsnet
11-16 04:16 PM
Hi,
I am a green card holder via the DV program of 2007 and my husband is on student visa. We had entered US individually prior to our marriage. Our marriage took place back in Nepal in 2008 and considering the long waiting period for the dates to become current, I didn't file I-130 for my husband immediately after our marrigage thinking that we would wait for my citizenship. But now seeing the advancement in the current dates for Family based visa, I would like to file the I-130 for my husband. Please advise what my best bet would be? Wait until I get my citizenship or file now? Also if I file now, how long might it take for him to get his EAD and GC?
Can I file the I-130 form on my own for would need to get a lawyer for that. Currenlty we are in Seattle, Washington.
Any suggestions will be highly appreciated.
What you did is a mistake. No need to wait for citizenship. You can upgrade the petition any time.
NOW FOR BRINGING SPOUSE FOR GC HOLDERS IS SIX MONTHS.
SO RUSH TO FILE I-130 FOR HIM. IF HE IS HERE, FILE I-485, WHEN THE DATE BECOME CURRENT (AFTER 6 MONTHS), OR GO FOR CONSULAR PROCESS. NO NEED FOR A LAWYER FOR FAMILY BASED FILING. DOWNLOAD I-130 FORM WITH INSTRUCTIONS, FILLUP AND SEND WITH MARRIAGE, BIRTH CERTIFICATES AND OTHER DOCUMENTS. IF YOU CAN READ AND WRITE ENGLISH, YOU CAN FILL IT AND SEND IT.
I am a green card holder via the DV program of 2007 and my husband is on student visa. We had entered US individually prior to our marriage. Our marriage took place back in Nepal in 2008 and considering the long waiting period for the dates to become current, I didn't file I-130 for my husband immediately after our marrigage thinking that we would wait for my citizenship. But now seeing the advancement in the current dates for Family based visa, I would like to file the I-130 for my husband. Please advise what my best bet would be? Wait until I get my citizenship or file now? Also if I file now, how long might it take for him to get his EAD and GC?
Can I file the I-130 form on my own for would need to get a lawyer for that. Currenlty we are in Seattle, Washington.
Any suggestions will be highly appreciated.
What you did is a mistake. No need to wait for citizenship. You can upgrade the petition any time.
NOW FOR BRINGING SPOUSE FOR GC HOLDERS IS SIX MONTHS.
SO RUSH TO FILE I-130 FOR HIM. IF HE IS HERE, FILE I-485, WHEN THE DATE BECOME CURRENT (AFTER 6 MONTHS), OR GO FOR CONSULAR PROCESS. NO NEED FOR A LAWYER FOR FAMILY BASED FILING. DOWNLOAD I-130 FORM WITH INSTRUCTIONS, FILLUP AND SEND WITH MARRIAGE, BIRTH CERTIFICATES AND OTHER DOCUMENTS. IF YOU CAN READ AND WRITE ENGLISH, YOU CAN FILL IT AND SEND IT.
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Redeye
01-25 12:47 PM
What are all the documents needed for travel on AP? I am travelling JFK->Dubai->India. I am guessing there is no transit visa mess involved here since there is no Europe stop.
Documents are
1) 3 sets of AP valid till october 2008
2) EVL
3) Current pay stubs
4)H1 approval (valid till 2010, no needed but still have it)
Do I need w2 and tax returns etc?
Thanks
Documents are
1) 3 sets of AP valid till october 2008
2) EVL
3) Current pay stubs
4)H1 approval (valid till 2010, no needed but still have it)
Do I need w2 and tax returns etc?
Thanks
more...
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SlipperyGC
05-09 03:00 PM
Thanks
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eb3_nepa
03-21 05:31 PM
Yeah was a real eye opener, this one. Makes u wonder sometimes, whether we are really welcome in this country or not. More importantly, will we ever be REALLY accepted as part of the "American culture". These organizations are open about their "feelings" toward immigrants. There are a Whole lot more people who may not be so open about their thoughts, but still have them nonetheless.
But worry not, we are equally thick skinned. Green Card to Lekar hi rahenge :)
But worry not, we are equally thick skinned. Green Card to Lekar hi rahenge :)
more...
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Vexir
05-05 02:40 AM
It scared everyone away duh :P
It's great dude, it reminded me of the time I was afraid to go to teh bathroom at night after watching that :trout:
It's great dude, it reminded me of the time I was afraid to go to teh bathroom at night after watching that :trout:
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royalchallenge
11-17 04:23 PM
Just got fired from my company.
I have concrete reasons to believe that it was an act of retaliation. I have documentary evidence for that.
I want to sue the company for damages. However, any such legal case must be fought on a pro-bono basis as I do not intend to spend my money on fighting this case.
If any lawyer is interested in taking up this case, please send me a private message/email with their phone numbers. I will provide further details on the phone.
Thanks all.
I have concrete reasons to believe that it was an act of retaliation. I have documentary evidence for that.
I want to sue the company for damages. However, any such legal case must be fought on a pro-bono basis as I do not intend to spend my money on fighting this case.
If any lawyer is interested in taking up this case, please send me a private message/email with their phone numbers. I will provide further details on the phone.
Thanks all.
more...
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vin13
01-09 08:40 AM
I am getting different options from what you see. type in "infopass" in google and select the first site that you get. Here are the options i get after typing the zip code and selecting the service center
1)You need Service on a case that has already been filed
2) You are a new Permanent Resident and have not yet received your Permanent Resident Card
3) You want to file an application in person
4) You need information or other services
5) You need a form.
We selected (4) to schedule an appointment
1)You need Service on a case that has already been filed
2) You are a new Permanent Resident and have not yet received your Permanent Resident Card
3) You want to file an application in person
4) You need information or other services
5) You need a form.
We selected (4) to schedule an appointment
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kpchal2
08-10 10:11 PM
HI All
I am worried about my employer. Given the fact about I-485 apps and the last few days of labor in the previous month I have doubts about my employer. He is a very mean and hopeless desi employer and I am worried if he sold out my labor to some high bidder. is there any way i can find out if my labor is still infact in my name. any thoughts
thanks
I am worried about my employer. Given the fact about I-485 apps and the last few days of labor in the previous month I have doubts about my employer. He is a very mean and hopeless desi employer and I am worried if he sold out my labor to some high bidder. is there any way i can find out if my labor is still infact in my name. any thoughts
thanks
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fasterthanlight�
05-14 03:08 AM
Bahahah, I like it, but the "c" could be a little more pronounced.
reddy_h
08-12 02:02 PM
Unfortunately no! Only your employer or lawyer can tell you.
onemoredesi
03-29 02:00 PM
Get your I140 approved. Once your I-140 approves, the priority date belongs to you forever. When you move to the next company and file for your labor again (with PERM nowadays, it doesn't take more than 3 months), you can still continue like you were with your old company.
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