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If it is an emergency travel and cannot wait for their approval, you need to visit the local USCIS office with an appointment.
I am on the same case, waiting for USCIS reponse. Thanks.
The RFE notice says minimum 14 days however USCIS standard answer is 60 days. On i saw folks who got approval after 7 days form submitting RFE so let's hope for best.
and btw, h1b premium processing takes 15 days, so don't panic.
What does the above statement mean??
So, folks who have an advanced degree from the US are exempt from the cap? Or advanced degree plus 3 yrs of work exp is required?
Here is my reading of the amendment.
If you look at the original bill (S2611) Section 508 reads
SEC. 508. VISAS FOR INDIVIDUALS WITH ADVANCED DEGREES.
(a) Aliens With Certain Advanced Degrees Not Subject to Numerical Limitations on Employment Based Immigrants-
(1) IN GENERAL- Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by section 505, is amended by adding at the end the following:
`(G) Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).
`(H) Aliens described in subparagraph (A) or (B) of section 203(b)(1)(A) or who have received a national interest waiver under section 203(b)(2)(B).
`(I) The spouse and minor children of an alien who is admitted as an employment-based immigrant under section 203(b).'.
Bingaman Amendment 4181 and 4182 on the other hand state
Notwithstanding any other provisions of this act the language in Title V Sec. 501 under the heading ``(2) VISAS FOR SPOUSES AND CHILDREN'' is null and void and the following shall be applicable in lien thereof.
``(2) VISAS FOR SPOUSES AND CHILDREN.--
``(A) IN GENERAL.--Except as provided in subparagraph (B), immigrant visas issued on or after October 1, 2004, to spouses and children of employment-based immigrants shall not be counted against the numerical limitation set forth in paragraph (1).
``(B) NUMERICAL LIMITATION.--The total number of visas issued under paragraph (1)(A) and paragraph (2), excluding such visas issued to aliens pursuant to section 245B or section 245C of the Immigration and Nationality Act, may not exceed 650,000 during any fiscal year.
Reading S2611 Section 508 in conjunction with SA4811 and SA4812 specifically shows that STEM + 3 applicants as well as their spouses and children are not subject to any caps. On the other had the troubling part is that those not covered by STEM+3 will have 450,000 principal applicant slots and therefore only 200,000 spouse and children slots. This discrepancy arises from the fact that Bingaman multiplied 290,000 by 1.2 to arrive at his figure while S2611 allows for 450,000 principal applicants in the 1st 10 years to remove backlog.
SA 4188 is not currently available for reading and it will be interesting to see what change has been made to the language in 508(a)(1)(G) to allow all STEM +3 to be exempt. It would also be interesting to see whether language in Sec 508(b)(3)(III) has been changed to reflect the changes in 508(a)(1)(G)
Note that if both these sections are changed to allow all STEM+3 then labor certification too becomes easier. Hopefully changes here can provide some relief from Bingaman's torpedo.
I would appreciate comments as my analysis may be wrong.
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I just got married not long ago.
I'm planning to apply I-485 this july.
Should she change her name prior to applying I-485 or she can do it after we applying I-485.
How easy it�ll be to change last name while I-140 and I-485 pending?
Anyone in the same boat?
Thanks in advance.
Let us make atleast Indians run from Higer education industry of America and colleges will feel the heat as 50% of them have revenue stream out of foreign students. This will make these clown senators o understand the repercussions of protectionism.
If we can print an article in any leading daily in India, I am sure lots of other papers will pick up the same story.
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2) Beginning of the next fiscal yr, if you are on EAD status, then you are off the hook
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Although I must quote a reporter on the news recently who said "When we wave Americans flags, we want to be called/seen as patriots and when others wave their flags, we call them nationalist". I found this comment very interesting.
The point is, no matter what, we will find our differences superseding anything and everything in front of us under any given situation. That�s just Great�. maybe that�s part of being human �. do we expect ourselves to behave/react better than this�. Maybe we just want others to behave better than "this".
There is nothing wrong, I was just showing the "fairness", Mr Would be "American".
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make it a family thing- take the time to enjoy yourself too.
but please do help out. needhelp! has put a lot of effort into
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Pople like you does not count :( ... only man and woman counts.. hope this helps you.
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If possible, can someone tell me if you had to call them in advance to go before your scheduled date for your FP. I am in a similar situation where I am travelling to India on 11/14 and the appointment is on 11/17. I do not want to postpone the appointment as it might take a long time to receive again.
If you had to call can some one tell me which number to call. All my receipts, EAD and appointment were received from TSC and the ASC field office is in Tampa, FL. If you did not have to call, then do we just go there in the morning and have our FP done. Any inputs appreciated.
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Just had a quick question. We haven't included form 134 during the submission. Is that mandatory ? btw my wife and me both are on H1.
Appreciate the reply
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Can you please share your experience with them?
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1. Divorce Decree.
2. New Marraige registration(India Marraige Registration). Take the Marraige certificate and the Copy of the Application(Application you provide at the local authority to get your new marraige registered). Also make sure you Check the Divorced in the application. US consulate wants to make sure you have given the right info to the Local authorities).
3. Based on your H1, your new wife will get her H4 stamped.(been through it so it works like a charm).
All the best
Thank you so much...
What is the H4 Process for new wife? will she be given the H4 Visa with no issues in us consulates in India???
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Since the primary applicant of form I-539 is my wife, i wasn't sure if there should be a mention of my immigrant petition when describing the circumstances on a separate sheet of paper. Should I add receipt number of form I-485 or attach a copy of the form as support documents?
My wife need to travel to india urgently. Our visa/I94 expired in Oct. We already applied 485 and is pending.
1) Will there be any issue at airpot as I94 is expired.A xerox copy of 485 receipt is sufficient.
2) Does she need to travel any path in this case( I heard thru London is issue if visa is expired.France/Amsterdam Etcc..)
Thanks in advance.