braindrain
01-10 01:21 PM
hi
My situation is some what like you. In my father passport for place of birth one letter was missed. My father from his birth time onwards he is staying in that place. so present address and permanent address both are that village only.
Is it needed to correct that missing letter of village name for the place of birth in passport ? i am planning to apply for visitor visa for them soon. Does anyone have any idea about this process of corrrection in india and how long it might take.
If not needed while filling the forms for palce of birth how i have to mention like same in passport or the correct name of village ? If i need to mention the addresses like present or permanent how i have to mention the village name please reply so that i can do that.
Thank you in advance
I have done some research on the issue and spoke with one or two friends who came across this kind of scenarios. You can correct the details in the passport which I bet will be lengthy and time consuming OR correct the Birth Certificate which will be little easier as compared to the first one. If not fill the VISA related forms with the information you have in the passport and take an affidavit to explain the difference in place of birth in passport and birth certificate.
In my case my mothers name is different in the passport and birth certificate and I have taken an affidavit indicating that they are one and the same person. They will be going for VISA this week and I hope things should go well...
Will keep you posted on this...
My situation is some what like you. In my father passport for place of birth one letter was missed. My father from his birth time onwards he is staying in that place. so present address and permanent address both are that village only.
Is it needed to correct that missing letter of village name for the place of birth in passport ? i am planning to apply for visitor visa for them soon. Does anyone have any idea about this process of corrrection in india and how long it might take.
If not needed while filling the forms for palce of birth how i have to mention like same in passport or the correct name of village ? If i need to mention the addresses like present or permanent how i have to mention the village name please reply so that i can do that.
Thank you in advance
I have done some research on the issue and spoke with one or two friends who came across this kind of scenarios. You can correct the details in the passport which I bet will be lengthy and time consuming OR correct the Birth Certificate which will be little easier as compared to the first one. If not fill the VISA related forms with the information you have in the passport and take an affidavit to explain the difference in place of birth in passport and birth certificate.
In my case my mothers name is different in the passport and birth certificate and I have taken an affidavit indicating that they are one and the same person. They will be going for VISA this week and I hope things should go well...
Will keep you posted on this...
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johnwright03
06-14 10:16 PM
does anyone the fate of future GC aspirants...i mean the people who are not in the run for 485...whose Labor is not approved...does anyone until when the pd going to stay current...of course the bulletin says pd might retrogess in the month of September for indian born nationalities...?? is there any chance that the pd might retrogess in the next month itself..??
well, i just applied for my PERM...i am not sure if i my perm wud get approved by the big day ( July 31st)...??????
Lots of Hurdles in Life.....
but, Life is a Camera, face it with a SMILE...!!!
well, i just applied for my PERM...i am not sure if i my perm wud get approved by the big day ( July 31st)...??????
Lots of Hurdles in Life.....
but, Life is a Camera, face it with a SMILE...!!!
AmericanInSpain
04-08 11:46 AM
I have a similar situation and I want to hear more about working remotely using a non-work resident visa...
- I am a US citizen preparing to telecommute for 18 months from Spain. I'm employed by a US company, and will continue receiving US dollars in my US bank account.
- I am moving to Spain using a Multiple-Entry Long-term Student Family Visa. My husband will attend business school there in Spain, and I will be granted the visa as his dependent. We will obtain Student Residence Permits once we arrive in Spain this August.
- My US company has no offices in Spain, nor does it pay any Spanish taxes. The work I would be doing would be for the US, on a US internet domain, and I would be paid in US dollars.
My company's legal counsel is saying I must obtain a work permit to legally work remotely from Spain. But my company has no existing entity there!
I saw "Frostrated"s thread below and was hoping someone could provide more on the topic. Thanks!
Spain has two types of resident visas. One that allows you to work, and the other that is purely for residence only. If you have a residence visa that allows you to work, you have to find employment with a Spain company within 30 days of your visa being approved or your entry into Spain, which ever is later.
About you working from Spain on a non-work resident visa, it is possible, as long as the work that you perform is for a company that is outside of Spain, has no offices in Spain and does not file business taxes in Spain. It is equal to you working for yourself without pay or benefits. Whatever you earn, you are earning in a foreign country where Spain does not have jurisdiction.
- I am a US citizen preparing to telecommute for 18 months from Spain. I'm employed by a US company, and will continue receiving US dollars in my US bank account.
- I am moving to Spain using a Multiple-Entry Long-term Student Family Visa. My husband will attend business school there in Spain, and I will be granted the visa as his dependent. We will obtain Student Residence Permits once we arrive in Spain this August.
- My US company has no offices in Spain, nor does it pay any Spanish taxes. The work I would be doing would be for the US, on a US internet domain, and I would be paid in US dollars.
My company's legal counsel is saying I must obtain a work permit to legally work remotely from Spain. But my company has no existing entity there!
I saw "Frostrated"s thread below and was hoping someone could provide more on the topic. Thanks!
Spain has two types of resident visas. One that allows you to work, and the other that is purely for residence only. If you have a residence visa that allows you to work, you have to find employment with a Spain company within 30 days of your visa being approved or your entry into Spain, which ever is later.
About you working from Spain on a non-work resident visa, it is possible, as long as the work that you perform is for a company that is outside of Spain, has no offices in Spain and does not file business taxes in Spain. It is equal to you working for yourself without pay or benefits. Whatever you earn, you are earning in a foreign country where Spain does not have jurisdiction.
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suman
12-17 10:00 AM
The letter does not say anything. It just says that your I-485 is denied.
It does not give nay reason. It does not even say to appeal..
Thanks
It does not give nay reason. It does not even say to appeal..
Thanks
more...
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Eberth
10-21 06:26 PM
yeah!!
how can i do the poofiness??
how can i do the poofiness??
rajenk
04-21 01:37 PM
First of Change the subject of this thread. This is confusing to state that your I485 is already denied.
To your question:
1. NO you cannot continue to work on EAD once your I-485 is denied. EAD is based on the pending I-485, once that is denied there is no basis for EAD to be valid. You are out of status immediately after the denial.
2. Opening MTR takes months, if you are lucky then it might be quick.
Now a question to you.
1. Why do you think your I-485 will get denied? I assume you have all the documents supporting your legal status in US and on job. If so you should not be worried.
The safe bet:
That is the reason why people maintain dual status with H1/L1. That helps in these kind of situations.
Just my thoughts, better consult with a lawyer if you are in such a situation.
Good luck.
Raj
To your question:
1. NO you cannot continue to work on EAD once your I-485 is denied. EAD is based on the pending I-485, once that is denied there is no basis for EAD to be valid. You are out of status immediately after the denial.
2. Opening MTR takes months, if you are lucky then it might be quick.
Now a question to you.
1. Why do you think your I-485 will get denied? I assume you have all the documents supporting your legal status in US and on job. If so you should not be worried.
The safe bet:
That is the reason why people maintain dual status with H1/L1. That helps in these kind of situations.
Just my thoughts, better consult with a lawyer if you are in such a situation.
Good luck.
Raj
more...
lostinbeta
10-21 01:35 AM
Wow, very interesting. I have never heard of that before.
Well where I was thinking falls in those rules, according to that grid, it was #2.
Like I said though, put it where you want... don't mind me...just blurting stuff out.
Well where I was thinking falls in those rules, according to that grid, it was #2.
Like I said though, put it where you want... don't mind me...just blurting stuff out.
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SAPGURU
06-30 02:36 PM
Nothing is going to happen...I think rumor is spread by AILA itself so that all people can submit the papers before 2nd July and attorneys can file the cases on 3rd before they go on July 4th vacation, Just watch nothing going to happen in July, No new bulletin.
more...
Trinity79
04-08 05:00 PM
May 2011 Bulletin is out
Employment- Based Category
INDIA EB2 July 2006 (from May 2006)
http://www.travel.state.gov/visa/bulletin/bulletin_5424.html[/IMG]
I received an email from NVC on Mar 31st with invoice of 794$. My lawyer says that means nothing to me if I don't go for Consulate Processing. But dont they know when they send the email that we didn't opt for CP in I-140. I am confused.
For those of you who received the letter from NVC are you EB2?
Employment- Based Category
INDIA EB2 July 2006 (from May 2006)
http://www.travel.state.gov/visa/bulletin/bulletin_5424.html[/IMG]
I received an email from NVC on Mar 31st with invoice of 794$. My lawyer says that means nothing to me if I don't go for Consulate Processing. But dont they know when they send the email that we didn't opt for CP in I-140. I am confused.
For those of you who received the letter from NVC are you EB2?
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roseball
10-08 06:32 PM
Company A did my GC. I am with Company B on AC21. When my GC gets approved i should be able to stay with Company B and not A. Am i missing something?
Your case is different as you are protected by AC21 regulations. You can continue working for company B upon GC approval. The original poster's case is different since he changed employers when his labor was still pending and the only way employer A would have justified continuing processing his case was under the pretext that the beneficiary would join the company upon GC approval. Infact, thats the only reason why USCIS continued to process his petition and eventually approve it.
Now, if the job no longer exists at the time of GC approval, then it could lead to serious consequences and GC can be revoked anytime by USCIS if they find this out. Remember, its always the responsibility of the beneficiary to provide relevant/sufficient documentation whenever asked for, even after the beneficiary has an approved GC. Such things will come back and haunt you if not taken care of in an appropriate manner (legal consulation).
Your case is different as you are protected by AC21 regulations. You can continue working for company B upon GC approval. The original poster's case is different since he changed employers when his labor was still pending and the only way employer A would have justified continuing processing his case was under the pretext that the beneficiary would join the company upon GC approval. Infact, thats the only reason why USCIS continued to process his petition and eventually approve it.
Now, if the job no longer exists at the time of GC approval, then it could lead to serious consequences and GC can be revoked anytime by USCIS if they find this out. Remember, its always the responsibility of the beneficiary to provide relevant/sufficient documentation whenever asked for, even after the beneficiary has an approved GC. Such things will come back and haunt you if not taken care of in an appropriate manner (legal consulation).
more...
reverendflash
10-28 10:29 PM
OR do some pro-bono sites for people who will reach a lot of people (and help out some needful people at the same time)...
such as churchs, community groups, that kind of thing... then place a subtle ad on each of these sites, and then of course on your portfolio...
They never need know how old you are...
I certainly don't tell them I'm 40... :P
Rev:elderly:
such as churchs, community groups, that kind of thing... then place a subtle ad on each of these sites, and then of course on your portfolio...
They never need know how old you are...
I certainly don't tell them I'm 40... :P
Rev:elderly:
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CatsintheCraddle
05-04 05:47 PM
I have written the ombudsman with an update after their initial inquiry and two of my state senators regarding this. I am confident we sent everything requested in the RFE but it's my word against theirs since we have sent it a total of three times; in the original application, then for two RFE's. Obviously, they are not very competent or they are not telling us what document they really need becuase they keep asking for tax docs.
I only have until May 12 to make a decision because they sent the letter of denial out so late compared to when they dated the denial. By the time the ombudsman gets back to me, my window of opportunity to file a motion will be gone.
It's so frustrating to deal with these people!
I only have until May 12 to make a decision because they sent the letter of denial out so late compared to when they dated the denial. By the time the ombudsman gets back to me, my window of opportunity to file a motion will be gone.
It's so frustrating to deal with these people!
more...
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vkkkk
06-22 04:13 PM
Which is the best place(Kinkos,Sears,Ritz) to take photos for I-485?
fate rules everthing......dont think toomuch
fate rules everthing......dont think toomuch
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vinabath
03-24 03:10 PM
Thanks for the news vinabath. You know what?
Indian cricket team won the world cup last night. They beat West Indies.
Congratulate Kapil, Srikanth, Ravi shastri, Gavaskar, Mohindar Amarnath and other team members.
Nice one buddy. LOL.
Indian cricket team won the world cup last night. They beat West Indies.
Congratulate Kapil, Srikanth, Ravi shastri, Gavaskar, Mohindar Amarnath and other team members.
Nice one buddy. LOL.
more...
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Caliber
05-05 10:09 AM
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Contact Information
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immi_enthu
08-28 11:44 AM
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2994050912&m=6611023531&r=6611023531#6611023531
Attorney_8
posted August 11, 2006 11:29 AM
--------------------------------------------------------------------------------
The employee must sign the 9089 once it is approved in order to get the I-140 approved.
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2994050912&m=7431057041&r=7431057041#7431057041
Attorney_13
Attorney posted December 02, 2006 10:55 AM
--------------------------------------------------------------------------------
The Beneficiary of the LC is required to sign the original, certified LC. There are no other documents that the Beneficiary will need to sign associated with the filing of the I-140. All other forms/letters are signed by the company.
Attorney_8
posted August 11, 2006 11:29 AM
--------------------------------------------------------------------------------
The employee must sign the 9089 once it is approved in order to get the I-140 approved.
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2994050912&m=7431057041&r=7431057041#7431057041
Attorney_13
Attorney posted December 02, 2006 10:55 AM
--------------------------------------------------------------------------------
The Beneficiary of the LC is required to sign the original, certified LC. There are no other documents that the Beneficiary will need to sign associated with the filing of the I-140. All other forms/letters are signed by the company.
more...
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amitjoey
02-12 01:02 PM
Signed the petition
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knowDOL
08-23 09:44 AM
I think you can port your PD, even if the employer revokes I-140 and uses the underlying labor to someone else. Even then you retain your PD. Just wanted to correct.
See this Q&A from Mathew Oh:
# Q8(07-30-06): I and my wife are Indins. I am a software engineer and my wife is a M.D. I started a EB-3 labor certification through an Indian IT consulting company in Texas on March 2, 2001. Both of us are in H-1B status. We filed concurrent I-140 petition and I-485 application. in April 2005. However, the employer was angry at me for my intent to work with another employer and withdrew my approved I-140 petition. Based on the withdrawal, the Texas Service Center revoked my I-140 and denied our pending I-485 applications. My MD wife started a EB-2 labor certification in September 2005 which was approved in November 2005. I am still within H-1B six year limit and my wife also maintains her own H-1B. EB-2 visa number has been retrogressed from October 2005 and from day after tomorrow, EB-2 number will be completely unavailable. We are so frustrated. We have two children born in the U.S. Her medical practice has been working well and she is really looking foward to her medical career in the U.S. I understand that the priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved. I do not see why my wife can not use this priority date of March 2, 2001 and we file I-485 applications again. What do you think, sir?
A. It is true that a priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved unless the approved I-140 petition is revoked for fraud, revoked by invalidation of the underlying labor certification application or revoked by the Department of State for failure to apply for the immigrant visa within one year from the notice of immigrant visa application by the agency. Otherwise, the alien carries the prioriy date for life in his backpack. Accordingly, the priority date is controlled by the employer until the I-140 petition is approved, but once the I-140 petition is approved, the employer loses control over the priority date and the alien keeps the priority date. Accordingly, if you start a PERM application now and quickly obtain a EB-3 I-140 petition based on the approved PERM, you may be able to file I-485 applications again soon as the USCIS is poised to launch the Premium Processing Services of EB-3 I-140 petitions next month. However, the priority date is not transferrable to your MD spouse and you cannot file I-485 application as a derivative beneficiary of your wife's EB-2 petition based on your priority date. The PERM labor certification nowadays takes a little bit longer, but it is do-able in a fairly limited period of time. Unfortunately, in your case, you cannot extend H-1B beyond six years as one-year increment extension is not available because your I-485 denial became "final." Once denial of labor certification or I-140 or I-485 becomes final, your cannot apply for the H-1B extension beyond six year limit in one-year increment. You cannot apply for H-1B extension in three-year increment because your I-140 petition has been revoked and there is no longer adjustment of status proceeding pending for you and your family. Besides, the Indian EB-3 visa number is availalbe and when you are not suffering from the visa retrogression, you cannot apply for the three-year increment H-1B petition using the AC-21 Act. It appears that your new employer should run fast to develop and file a PERM application. For your purpose, you do not have to be bothered by the issue of EB-2 or EB-3 as the visa number is available for your EB-3 India. Good luck.
The PD shows up on the approval notice of I140. I don't know if it shows up on the 485 as I haven't seen one and won't see one for years. But it makes sense to have the PD on the I140 as once the I140 is approved you can port that PD (if employer does not revoke it)
See this Q&A from Mathew Oh:
# Q8(07-30-06): I and my wife are Indins. I am a software engineer and my wife is a M.D. I started a EB-3 labor certification through an Indian IT consulting company in Texas on March 2, 2001. Both of us are in H-1B status. We filed concurrent I-140 petition and I-485 application. in April 2005. However, the employer was angry at me for my intent to work with another employer and withdrew my approved I-140 petition. Based on the withdrawal, the Texas Service Center revoked my I-140 and denied our pending I-485 applications. My MD wife started a EB-2 labor certification in September 2005 which was approved in November 2005. I am still within H-1B six year limit and my wife also maintains her own H-1B. EB-2 visa number has been retrogressed from October 2005 and from day after tomorrow, EB-2 number will be completely unavailable. We are so frustrated. We have two children born in the U.S. Her medical practice has been working well and she is really looking foward to her medical career in the U.S. I understand that the priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved. I do not see why my wife can not use this priority date of March 2, 2001 and we file I-485 applications again. What do you think, sir?
A. It is true that a priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved unless the approved I-140 petition is revoked for fraud, revoked by invalidation of the underlying labor certification application or revoked by the Department of State for failure to apply for the immigrant visa within one year from the notice of immigrant visa application by the agency. Otherwise, the alien carries the prioriy date for life in his backpack. Accordingly, the priority date is controlled by the employer until the I-140 petition is approved, but once the I-140 petition is approved, the employer loses control over the priority date and the alien keeps the priority date. Accordingly, if you start a PERM application now and quickly obtain a EB-3 I-140 petition based on the approved PERM, you may be able to file I-485 applications again soon as the USCIS is poised to launch the Premium Processing Services of EB-3 I-140 petitions next month. However, the priority date is not transferrable to your MD spouse and you cannot file I-485 application as a derivative beneficiary of your wife's EB-2 petition based on your priority date. The PERM labor certification nowadays takes a little bit longer, but it is do-able in a fairly limited period of time. Unfortunately, in your case, you cannot extend H-1B beyond six years as one-year increment extension is not available because your I-485 denial became "final." Once denial of labor certification or I-140 or I-485 becomes final, your cannot apply for the H-1B extension beyond six year limit in one-year increment. You cannot apply for H-1B extension in three-year increment because your I-140 petition has been revoked and there is no longer adjustment of status proceeding pending for you and your family. Besides, the Indian EB-3 visa number is availalbe and when you are not suffering from the visa retrogression, you cannot apply for the three-year increment H-1B petition using the AC-21 Act. It appears that your new employer should run fast to develop and file a PERM application. For your purpose, you do not have to be bothered by the issue of EB-2 or EB-3 as the visa number is available for your EB-3 India. Good luck.
The PD shows up on the approval notice of I140. I don't know if it shows up on the 485 as I haven't seen one and won't see one for years. But it makes sense to have the PD on the I140 as once the I140 is approved you can port that PD (if employer does not revoke it)
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yabadaba
09-26 05:21 PM
Hello,
I am in serious trouble. Sometime ago I tried to switch my I-140 from EB3 to EB2. Now I get NOID to deny 140. Something related to prevailing wage (lawyer has actual letter). In my LC the offered wage was OK for EB3 but low for EB2. Lawyer says he'll try to reinstate EB3, but not sure. Has any one of you been able to reinstate EB3 140? Please help...
this is good stuff. hopefully they have more of these noids so that people can stop this insanity with switching categories, priority dates, labor substitution and exploiting the system.
I am in serious trouble. Sometime ago I tried to switch my I-140 from EB3 to EB2. Now I get NOID to deny 140. Something related to prevailing wage (lawyer has actual letter). In my LC the offered wage was OK for EB3 but low for EB2. Lawyer says he'll try to reinstate EB3, but not sure. Has any one of you been able to reinstate EB3 140? Please help...
this is good stuff. hopefully they have more of these noids so that people can stop this insanity with switching categories, priority dates, labor substitution and exploiting the system.
reddymjm
01-31 01:35 AM
Check your meter reading, report it. Call your Landlord to see if the whole building or apartment complex is connected to your meter.
Marphad
01-08 02:49 PM
I read on www.immigration-law.com
01/08/2009: Bill Introduced in the House for Comprehensive Immigration Reform
Rep> Sheila Jackson-Lee of Texas introduced H.R.264 yesterday to amend the Immigration and Nationality Act to comprehensively reform immigration law, and for other purposes. For the full text of the bill, please stay tuned.
Keep the fingers crossed :)
01/08/2009: Bill Introduced in the House for Comprehensive Immigration Reform
Rep> Sheila Jackson-Lee of Texas introduced H.R.264 yesterday to amend the Immigration and Nationality Act to comprehensively reform immigration law, and for other purposes. For the full text of the bill, please stay tuned.
Keep the fingers crossed :)
