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sanjay.sinha84

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About sanjay.sinha84

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  1. sanjay.sinha84

    Question about U.S citizenship

    Hi, I and my wife are both Canadian permanent residents and citizens of India currently. We are planning to have a baby in 2020 and we would like to have our baby born in the U.S.A . I am aware of the costs associated with delivery of the baby in U.S.A and am financially capable completely to afford the delivery of our baby in the best hospital in U.S.A. In this case, what is the legal process to ensure that we are allowed to have our baby born in U.S.A so that our baby can be a U.S citizen even though I and my wife are Canadian permanent residents?Is there any specific visa we need to apply in this case for delivery of baby in U.S.A? I would also like to mention here that both me and my wife will be eligible to apply for Canadian citizenship in mid of 2019. We are going to apply for B1/B2 visitor visa by end of 2018.
  2. Hi, I am currently on H-1B visa with my EB-2 Greencard in process. My I-140 just got approved and I am planning to apply for my wife's H4 EAD within few days. Also my Canadian Permanent residence application just got approved. I have received Confirmation of Permanent Residence from CIC with an expiry of July 1,2016 which means that I need to land in Canada before July 1,2016 in order to apply for a Canadian PR card (equivalent to US Greencard).I am planning to visit Canada for 5 days to complete my PR card formalities on May 4,2016. I have 2 queries related to this situation as below: (1) Will my wife face any issue from USCIS for her H4 EAD application since she will also be travelling outside U.S.A to Canada in order to complete our Canadian PR formalities and since she will be getting NEW I-94 on her way back to U.S.A from Canada on May 8,2016? (2) Will I face any issues from U.S Customs and border protection regarding my travel from Canada to U.S.A from May 4,2016 to May 8,2016 on H-1B visa with my EB-2 Greencard in process? Thanks ahead of time!
  3. sanjay.sinha84

    Passport renewal with H-1B stamping

    My H-1B extension just got approved with expiration date 12/12/2018.I am travelling to India from January 29,2016 to March 18,2016. My Indian passport expires on September 10,2016.This passport as all the H-1B stamps from all my previous employers including the current employer. 1) My question is that when I return back to U.S.A on March 18, will the immigration officer at port-of-entry issue me a I-94 based on my passport expiry OR the I-94 that I have on my I-797? 2) If I renew my passport in India under he 'tatkal' process which is basically a faster way of getting new passport, then should I use this NEW passport to get my new H-1 visa stamped OR should I use my old passport to get the H-1B visa stamped and carry BOTH new and old passports while returning back to U.S.A from India on March 18,2016? Any responses will be HIGHLY appreciated!!!
  4. My PERM just got approved and my I-140 will be filed under premium processing by my employer's lawyer tomorrow. My 6th year H-1B expiry date is December 15,2015. I am expecting to get H-1B and H-4 extension for 3 years approved before December 10,2015 following the approval of my I-140. Based on this I have few queries as below: 1) How much time will it take for my wife's H-4 EAD approval after I file it on, let says, December 22,2015? 2) After her H-4 EAD is filed, can she travel to India? Or does the H-4 EAD needs to be absolutely approved before she can travel? She has plans of travelling to India from Jan 5,2016 to March 30,2016. 3) If we receive any RFE for my wife's H-4 EAD and if she is not here in the U.S.A at time of receiving the RFE, will her H-4 EAD petition get revoked? 4) Is it true that my wife can travel abroad ONLY after the FORM I-539 and the FORM I-765 are filed and approved by USCIS? If she travels after the FORM I-539 is filed , will she abandon the application? Thanks ahead of time!!!
  5. Hi, My PERM just got approved and my I-140 will be filed under premium processing by my employer's lawyer tomorrow. My 6th year H-1B expiry date is December 15,2015. I am expecting to get H-1B and H-4 extension for 3 years approved before December 10,2015 following the approval of my I-140. Based on this I have 3 queries as below: 1) How much time will it take for my wife's H-4 EAD approval after I file it on, let says, December 22,2015? 2) After her H-4 EAD is filed, can she travel to India? Or does the H-4 EAD needs to be absolutely approved before she can travel? She has plans of travelling to India from Jan 5,2016 to March 30,2016. 3) If we receive any RFE for my wife's H-4 EAD and if she is not here in the U.S.A at time of receiving the RFE, will her H-4 EAD petition get revoked? 4) Can I file for my wife's H-4 EAD myself rather have my employer's lawyer file for it? Can I file my wife's H-4 EAD and H-4 extension concurrently after I receive my I-140 approval? Any responses will be greatly appreciated!!! Thanks ahead of time!
  6. Hi, My EB-2 Greencard is in process and my priority date will be 4/1/2015 tentatively. My 6th year of H-1B expires in December 2015. I am expecting to get my Canadian PR approved for both me and my wife around October 2015. Considering the worst case scenario wherein I do get an audit for my EB-2 Greencard application, I believe I only have 3 options that I would like to confirm with you, please let me know if my assumption is correct: 1) Leave U.S and go to India after December 2015 and wait for my PERM to get approved. In that case, I can always come back to U,S after applying for 1 year H-1B extension based on PERM approval, correct? 2) Transfer to a F1 student visa wait for PERM approval and then transfer back again to H-1B visa. This is possible, correct? 3) Go to Canada and then wait for PERM to be approved and apply for H-1B visa once again since I get 1 year extension o H-1B based on PERM approval, correct? Thanks ahead of time!
  7. sanjay.sinha84

    H4 EAD rule---6th year of H1B visa

    I am currently in the 6th year of my H-1B visa which is expiring on 12/10/2015. Currently my company has advertisements running for my EB-2 Greencard and I am expecting a priority date of 04/01/2015. I would also like to mention here that my application won't fall under the AC21 act since my Greencard application won't be pending 365 days prior to my 6th year of my H-1B expiring on 12/10/2015.According to the reginfo.gov website, final rule for H4 EAD is approved by OMB with change on 2/13/2015 and the only thing left now is that USCIS needs to publish this rule which is speculated to happen by April 2015. I would like to know if there are any roadblocks that could prevent USCIS NOT to publish this rule and thereby completely eliminate the executive order which allows H4 spouses to work?
  8. sanjay.sinha84

    H-4 EADs

    I am currently in the 6th year of my H-1B visa which is expiring on 12/10/2015. Currently my company has advertisements running for my EB-2 Greencard and I am expecting a priority date of 04/01/2015. I would also like to mention here that my application won't fall under the AC21 act since my Greencard application won't be pending 365 days prior to my 6th year of my H-1B expiring on 12/10/2015.According to the reginfo.gov website, final rule for H4 EAD is approved by OMB with change on 2/13/2015 and the only thing left now is that USCIS needs to publish this rule which is speculated to happen by April 2015. I would like to know if there are any roadblocks that could prevent USCIS NOT to publish this rule and thereby completely eliminate the executive order which allows H4 spouses to work?
  9. sanjay.sinha84

    Change of status from B1/B2 to F1

    Hi, My brother from India has a B2 visitor visa valid till March 2015 and he is applying for an Bachelors in Business Administration program at a Univeristy in Virginia for the September 2015 intake.He has Not applied for his F-1 student visa yet. based on this I have 2 queries as follows: (1) Should he apply for his B2 visitor visa extension so that his visitor visa is extended beyond March 2015 before applying for F-1 visa? Is it possible to have 2 visa status at the same time i.e B2 visitor visa AND F-1 student visa? (2) He has plans of visiting U.S in February 2015. Considering the fact that he does go for his visitor visa extension by January 31,2015 and indeed gets visitor visa extension approved for another 5 years, then can he apply for F-1 student visa in March 2015 from U.S.A? Thanks Ahead of time!!!
  10. Hi, My prior H-1B visa with current employer "ABC" expired on 11/25/2014 but I have approved H-1B visa extension with the same employer "ABC" till 12/20/2015 and so does my wife who is on H-4 visa.I'm going on personal trip to India on 1/2/2015 and will be coming back to U.S.A on 1/25/2015 and my wife will be coming back to U.S on 2/25/2015. Both me and my wife qualify for the "Interview waiver drop-box" program. Now my concern is that my wife has a different "Receipt number" than mine on her approved H-4 visa extension whereas her DS-160 form she submitted asked only for Principal Applicant's Receipt number i.e myself. Her dropbox confirmation letter states that she needs to provide original I-797A copy. So Is this HER I-797A copy she needs to submit or is it MY I-797A copy? If she provides her i-797A copy and not mine, won't the U.S consulate in Mumbai question about it since the Receipt number starting with EAC we mentioned in her ustraveldocs application is mine since it specifically asked for "Principal applicant" information but her I-797A copy has a different Receipt number?? We won't be able to provide both her and mine I-797A copy while sending her application as both will be submitting our applications to drop-box on the same day. Please advise.
  11. Hi, I am currently working for Company 'A' and in my 6th year of H-1B visa, it is expiring on December 20,2015. My company 'A' gave me a sample experience letter and are asking me to approach my previous employers and add EXACTLY the current duties I am doing at Company "A" in the experience letter of my previous employers as part of "Additional job duties" in order to proceed with my Greencard sponsorshpi. Now there is WORLD OF DIFFERENCE between what I am doing for my current Company and what I did at previous employers. But legal team at Company "A" is hell bent on the fact that if I need to get my Greencard filed throgh them, my current duties must be part or experience letters. My previous employers might not agree to this, what do I do now? This situation is really stressful for me now. I would highly appreciate responses!!!
  12. Hello! Sorry I am combinig few questions together below, would really appreciate your responses, thanks ahead of time! (1)I completd 4 years of my H-1B status on 10/1/2013.I am now looking for new opportunities for companies willing to file my Greencard under EB-2 category. Since I am only left with 2 years of my H-1B status, How soon do I need to find a company and get my greencard process started to make sure my LCA,I-140 and I-485 are filed in time so that I can stay and work in U.S.A after my 6th year on H-1B is completed? 2)Is it legal for me to invest in crowdfunding websites like kickstarter?If a crowdfunding website offers profits for products sold that I have invested in, am I eligible to get a share of that being a funder? I'm asking this question since this is equivalent to investing in stock markets which is legal on H-1B. 3)Am I eligible for EB-5 category Greencard if I can invest $500,000 in a TEA that will create at least 10 jobs,while still being on H-1B? Or do I have to return back to India and file a new EB-5 GC application? Will USCIS take my M.S degree and 5 yrs H-1B work experience while considering my EB-5 Applcatn?Since I have this option and want to settle permanently in U.S.A, I would like to know my options for the same. Thanks, Sanjay.
  13. In May 2011, I got my H1B transferred from Company A to COmpany B where I am working currently.I just got a new offer from Company C and they have filed for my H1B transfer and I'm expecting approval within 1 week from today.Now on my passport I have H1B visa stamping of Company A till April 2013.I got this stamping done at U.S consulate in Mumbai when I made a trip to India in November 2010. Now I am planning to make a trip to India in January 2012 and I will be with Company C at that time.My question is, Do I need to go to U.S Consulate again for visa stamping as I have changed my employer from A to B to C? OR I don't need to go to U.S Consulate as H1 visa (with stamping from Company A) is still valid till April 2013? In that case I would only need to show the visa office my new I-797 from Company C when I return back to U.S.A after my vacation is complete,correct? Any help in solving this dilemma will be greatly appreciated!Thank you very much ahead of time for your responses!!
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