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Everything posted by L1_to_H1

  1. My company has applied for my EB GC. My wife's uncle applied for her father and other family members. The family petition became current few years back. My wife aged out of the petition/ or lost it because of marriage. Is there a way to use that family petition to get a GC based my EB petition on which she is listed as a dependent?
  2. I have approved I140 with my employer (approved in 2013). Let's say I change jobs and move out of USA and the employer does not revoke I140. Can I apply for consular processing when the PD becomes current? Do I have to be employed by the same employer at that time?
  3. I have 6 months of validity remaining on my H1B (in my 9th year now). If I switch jobs and new employer applies for 3 years based on I140 from the current employer would I get 3 years (assuming all paperwork checks out)? And can the new employer keep using old I140 until the dates become current (which may never happen given the backlog!) and they redo PERM/I140 again?
  4. Hello, One of my relatives (US Citizen) applied for family based GC for their married brother (A) (who lives in India). The priority date on their application is current. Now the brother's kids are close to 21 years of age and they want to avail the GC just for their kids. What would be the right way to go about it ? I have following questions: 1. Does A need to travel to US and start the GC process for himself before the process for kids can be started? Or can kids travel alone and start the process independently? 2. Do they need to stay in US for whole process duration or can they leave once 485/AP is done? How long does 485/AP typically take? 3. Once they leave US after getting GC do they need to submit an application which allows them to be out of US for a long duration without abandoning the GC? 4. If A needs to get the GC before kids can even apply what happens to kids GC if A abandons his GC later on ?
  5. L1_to_H1

    H4 Delays

    Hello, My company applied for extension of H1visa for me and H4 extension for dependents in May. My visa was converted to premium in late September and I got approval by end of September. Since then there has been no movement on H4 visa. It has been 7 weeks since H1 approval. Even though the Vermont center is still processing the H4's around the application date of my family's H4 I was wondering what can be the cause of delay? Usually H4 follows H1's approval within couple of weeks.
  6. Hello, My employer applied for H1B extension back in May. We did not receive the receipt number. A call to USCIS was made and they told us they will issue a duplicate (We have the EAC number). How does it take to usually receive the duplicate ? It has been 3 weeks since we requested that. The case status shows the service request for duplicate issue was closed on 29th. But still nothing in our mailbox yet. Does anyone has experience with driving licence renewal without the receipt?
  7. L1_to_H1

    H1B Extension : Receipt lost in mail

    Well USCIS sent a letter saying they can not issue duplicate at this point. DMV did not like that letter and created a SAVE case. Now I am waiting on that.
  8. L1_to_H1

    PIO Card : Photo Requirement

    Yeah I sent them a mail and they confirmed it should be 4 passport size photos. but now the problem is they need parent's to be in valid visa status in US (extn should be approved not just applied). Not sure how parent's status matters for PIO card ! I am going to go for entry visa instead as I want to have my kid valid visa in case my extn gets rejected and we have to travel in a hurry.
  9. L1_to_H1

    PIO Card : Photo Requirement

    Hello, I am about to apply for PIO card for my daughter. The site is pretty detailed for requirements but there is some ambiguity on photo requirements. The site says "Photos: Four recent passport size photos of the applicant should be provided. Photos are required to be recent, identical, stamp size, in color, depicting front pose against light background on photographic paper. Do not wear glasses in the photo. " Now they mention both stamp size and passport size here. Which one to go with ? I am applying to Atlanta center.
  10. You should be able to renew DL 3 months before it expires. and since you have approved I797 your new DL should be at least up the end date of new I797.
  11. You can check the status on ICERT webstie.. you can query with your employer name and it will list out all the approved perms that your employer filed. Now if anyone of those is yours that only your employer can see.
  12. L1_to_H1

    DS 160 Form - Please help.

    1. Duration does not matter unless you mention more than 6 months. Put 3-4 months as per your plan. 2. Ideally they should be able to pay for the trip but you can also bear expenses. you will have to send I-134 with the application though. 3. they take photos during finger printing appointments. 4. Native language is fine.
  13. Labor process is taking on an average 240 days these days not 3-4 months as you stated. And I140 needs to be approved before end of year 6. The extn of H1B happens in two cases. Basically your H1B extn needs to be filed before end of year 6 and as per following conditions. Labor is pending for more than 365 days - You get 1 year extn. I140 is approved - you get 3 years.
  14. OP has got extension till May -2016. So in accordance to his L1 stay and this extension OP has Visa of 7+ years. Assuming he did not get PERM/I40, how is it possible without reset of clock ?
  15. Its not related to the thread but just fyi.. your husband's I797 has expired as I understand. he is not supposed to be on payroll after that day. I94 gives your husband authorization to stay in US, but I797 gives your husband work permit which has expired.
  16. L1_to_H1

    Parents visa - appointment question

    Appointment confirmation page should have your mother's name at the end. basically you should see two sets of barcodes. At top it will only your father's name.
  17. Hello, I have a question about booking tickets when someone does not have a last name on their passport. The Visa was issued as FIRSTNAME, FNU. Now if I have to book ticket from India to US with one lay over in US how should the name be filled up? Since last name is mandatory I suppose we can use FIRSTNAME, FNU. Actually travelling from India to US is not a an issue. The issue comes when the passenger has to transit in US to catch the domestic flight. The TSA will try to match boarding pass name with passport name and here since there is no last name on passport it will not match FIRSTNAME,FNU. Any ideas?
  18. L1_to_H1

    Biometric Scan Waiver?

    Hello, My parent will be appearing for visitor visa interview next week. The fingerprint reader that is used for passports in India could not read my mother's finger print. It read 3 fingers only. I was wondering if that's going to be an issue with biometrics during visa interview . Is there a waiver for biometrics that can be obtained? There is no injury/cuts on the fingers its just that machine can not read it.
  19. L1_to_H1

    Biometric Scan Waiver?

    I can only hope that govt of India scanners were of low quality and US govt uses better ones which can scan the finger print! There is no paper/ink option or some other physical attribute which can substitute printing?
  20. L1_to_H1

    DS160 without last name

    Hello, This is my second post on this topic. I posted this a couple of hours ago and it did not show up on the forum. I did a lot of research on the situation when someone does not have a last name on their passport. I have come across two options and both seem equally acceptable. I would like experts to weigh in on these please. Situation on Indian passport: Surname : <blank> Given Name : USVISITOR (one word only) Option 1 : As per many posts on internet we are supposed to use Given name in SURNAME field on DS160 and FNU in given name field. So essentially the Visa will be issued as USVISITOR, FNU . Now this seems to be acceptable at OFC at Hydrabad / Mumbai and also the New Delhi website for consulate also says " If only one name is written in your passport, enter that as your “Surname.” " . So this sounds ok. Option 2 : Use LNU as surname and given name as given name. This means the Visa will be issued as LNU, USVISITOR. This sounds more logical but there is no confirmation that anyone has used it and it kind of goes opposite to US consulate website. The issue I have is which one to go with and also what name to use while booking the tickets? All the airlines have surname as required field. Another question is that if the flight is Delhi -> New York -> Nashville (different airlines on different legs). Do we have to go through TSA checking again at NYC? This is important becuase TSA will check the boarding pass against tje passport and the missing last name again comes into picture. your response is appreciated. Thanks !
  21. L1_to_H1

    Parents visa interview

    Well in the case that I was mentioned the VO himself mentioned that you have an approved GC to which the person responded 'Yes I know but I have a job here in India and I don't see myself settling down in US in near future' . Basically your parents should be able to convey that they have every reason to come back and no reason to settle down in US.
  22. L1_to_H1

    Parents visa interview

    I would suggest you try for Visa as you normally will. make sure the question with immigration application is marked as yes. if you father has stable job in India it should not be an issue. ( I personally know someone who applied for B2 visa and their family based GC was already approved, and they got the Visa). Good Luck !
  23. L1_to_H1

    Tax benefits for my In-laws visit

    I believe without SSN they can not be claimed as dependents.
  24. Hello, Can anyone please tell me if any translator is available at port of entry to translate the officer's questions from English to Hindi. I have read some where that the officer may ask someone from the queue to translate for visitors who are not comfortable in English. But is there any option of arranging this before hand so that officer knows visa holder needs language assistance? Thanks !