HereIComeGC
02-15 12:43 PM
"CLASS ACTION AGAINST USCIS? My god, you have no idea what you're talking about"
Freedom without violence?? Man on the Moon?
Sounds familiar?
You would have said few months back "GC without FBI Namechecks? You have no idea what you are talking about"
You can't win if you don't even try. Simple as that. At the minimum, lawsuit will highlight all the issues in the broken process and get some serious media action.
I myself wanted to have my greencard NOW!!!
Unfortunately, I have to wait until there is a visa available.
Whether there is a shortcoming on their law here, as aliens, we should also respect the law just like their citizens.
Congress is the only one who could make changes to their existing laws and if they can't do it, bad luck to us.
Their hands are tied.
USCIS cannot do anything because they are just following the law.
Class action is a very big thing and I've read alot of responses here as if filing for a class action is like going to walmart and complain about a defective item you just bought.
I'm not a lawyer but I'm working for a law firm which gives me some idea how the legal system works.
CLASS ACTION AGAINST USCIS? My god, you have no idea what you're talking about.
Freedom without violence?? Man on the Moon?
Sounds familiar?
You would have said few months back "GC without FBI Namechecks? You have no idea what you are talking about"
You can't win if you don't even try. Simple as that. At the minimum, lawsuit will highlight all the issues in the broken process and get some serious media action.
I myself wanted to have my greencard NOW!!!
Unfortunately, I have to wait until there is a visa available.
Whether there is a shortcoming on their law here, as aliens, we should also respect the law just like their citizens.
Congress is the only one who could make changes to their existing laws and if they can't do it, bad luck to us.
Their hands are tied.
USCIS cannot do anything because they are just following the law.
Class action is a very big thing and I've read alot of responses here as if filing for a class action is like going to walmart and complain about a defective item you just bought.
I'm not a lawyer but I'm working for a law firm which gives me some idea how the legal system works.
CLASS ACTION AGAINST USCIS? My god, you have no idea what you're talking about.
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pankaj_singal
05-31 05:52 PM
whatever the case may be, until there is a VISA recapture we are not going to get our GC's anytime soon. Please admit this fact.
What I would suggest is that we work with Indian Govt. parallely (specially people who are moving back or planning to move back) to get back the Social Security/Medicare contributions we had been making. We need to show that if we start going back we would add $$$ to Indian economy. This would also trigger US govt. to think on this issue (i think..)
US works when there is big money involved... otherwise nothing would move here...
Just my thoughts.
What I would suggest is that we work with Indian Govt. parallely (specially people who are moving back or planning to move back) to get back the Social Security/Medicare contributions we had been making. We need to show that if we start going back we would add $$$ to Indian economy. This would also trigger US govt. to think on this issue (i think..)
US works when there is big money involved... otherwise nothing would move here...
Just my thoughts.
chanduv23
07-04 08:54 AM
We need a funny, innovative, catchy, entertaining cartoon on youtube that will catch everyone's attention. Youtube seems to be the most powerful medium of communication.
This must give a strong message to the agencies who played this dirty game on immigrants
This must give a strong message to the agencies who played this dirty game on immigrants
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humdesi
11-16 09:29 PM
DOL cannot do anything about labor sub. USCIS must stop using old PD. FOr this, we need to appeal to USCIS. Do you know who to address the letter?
We should all contact the ombudsman. Write to him TODAY.
Explain that labor substitution and PD porting is evil because it lets people unfairly get ahead in line. Otherwise EB2 will also soon retrogress to EB3 level.
Here's the link:
http://www.dhs.gov/xabout/structure/editorial_0501.shtm
Write today!
We should all contact the ombudsman. Write to him TODAY.
Explain that labor substitution and PD porting is evil because it lets people unfairly get ahead in line. Otherwise EB2 will also soon retrogress to EB3 level.
Here's the link:
http://www.dhs.gov/xabout/structure/editorial_0501.shtm
Write today!
more...
sbabunle
04-29 12:31 PM
That means---> Once the labor is approved you have to use it in 45 days.
ie apply for 140 in 45 days or LC is expired...I'm glad they did not propose to file I485 in 45 days :D
I think 45 days is too short. Since LC cannot replaced, it cannot be used for anyone else. So I dont understand why they need an expiry date too...At lease a LC should be valid for 6 months.
But we have to wait and see what the final rule is. There may be some changes fromt he proposed rule.
babu
Can you anyone tell what the lines highlighted below in blue means ?
************************************************** ******
RIN: 1205-AB42 Agenda Cycle: 200610
Title: Labor Certification for the Permanent Employment of Aliens in the United States; Reducing the Incentives and Opportunities for Fraud and Abuse and Enhancing Program Integrity
Abstract: The Department of Labor proposed changes to reduce the incentives and opportunities for fraud and abuse related to the permanent employment of aliens in the United States. Among other key changes, the Department is eliminating the current practice of allowing the substitution of alien beneficiaries on applications and approved labor certifications. DOL proposed to further reduce the likelihood of the submission of fraudulent applications for the permanent employment of aliens in the United States by proposing a 45-day deadline for employers to file approved permanent labor certifications in support of a petition with the Department of Homeland Security. The Final Rule expressly prohibits the sale, barter, or purchase of permanent labor certifications or applications, as well as related payments. The proposed rule also addresses enforcement mechanisms to protect program integrity, including debarment with appeal rights. These amendments would apply to employers using both the Application for Alien Employment Certification (Form ETA 750) or the Application for Permanent Employment Certification (Form ETA 9089).
************************************************** *******
i got the above info from the OMB website below -
http://www.reginfo.gov/public/do/eoViewRule?ruleID=269657
ie apply for 140 in 45 days or LC is expired...I'm glad they did not propose to file I485 in 45 days :D
I think 45 days is too short. Since LC cannot replaced, it cannot be used for anyone else. So I dont understand why they need an expiry date too...At lease a LC should be valid for 6 months.
But we have to wait and see what the final rule is. There may be some changes fromt he proposed rule.
babu
Can you anyone tell what the lines highlighted below in blue means ?
************************************************** ******
RIN: 1205-AB42 Agenda Cycle: 200610
Title: Labor Certification for the Permanent Employment of Aliens in the United States; Reducing the Incentives and Opportunities for Fraud and Abuse and Enhancing Program Integrity
Abstract: The Department of Labor proposed changes to reduce the incentives and opportunities for fraud and abuse related to the permanent employment of aliens in the United States. Among other key changes, the Department is eliminating the current practice of allowing the substitution of alien beneficiaries on applications and approved labor certifications. DOL proposed to further reduce the likelihood of the submission of fraudulent applications for the permanent employment of aliens in the United States by proposing a 45-day deadline for employers to file approved permanent labor certifications in support of a petition with the Department of Homeland Security. The Final Rule expressly prohibits the sale, barter, or purchase of permanent labor certifications or applications, as well as related payments. The proposed rule also addresses enforcement mechanisms to protect program integrity, including debarment with appeal rights. These amendments would apply to employers using both the Application for Alien Employment Certification (Form ETA 750) or the Application for Permanent Employment Certification (Form ETA 9089).
************************************************** *******
i got the above info from the OMB website below -
http://www.reginfo.gov/public/do/eoViewRule?ruleID=269657
lvinaykumar
07-10 01:36 PM
I have applied for my Canadian PR. once it comes close i am going to look for a job too. But i still have some time for that ....
All the Best....
All the Best....
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pathmaker
02-12 12:05 PM
correction: EB3 ROW = 01JAN05 !!!!!!!!!!!!!
OMG!!!
Just 1.25 more year and I would have been current! Damn!!!!
are you dreaming ... India EB3 is 01AUG01
OMG!!!
Just 1.25 more year and I would have been current! Damn!!!!
are you dreaming ... India EB3 is 01AUG01
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grupak
12-13 10:57 PM
I advocate talking to policymakers, writing to them, and calling in on any talkshow on the radio/tv - where ever there is an opportunity.
I am not sure if we can challenge the legality of the system. However, I do question the motivation behind this policy. It is morally and ethically wrong and does not make any economic sense. It is probably hurting the economy, if you get my drift. My thought is that it can be adressed by enlightening the very people who put this policy in place - the congressmen/women.
Yes, we as IV are meeting lawmakers and lobbying, and media campaign too.
Just discussing if anything else can be done.
I am not sure if we can challenge the legality of the system. However, I do question the motivation behind this policy. It is morally and ethically wrong and does not make any economic sense. It is probably hurting the economy, if you get my drift. My thought is that it can be adressed by enlightening the very people who put this policy in place - the congressmen/women.
Yes, we as IV are meeting lawmakers and lobbying, and media campaign too.
Just discussing if anything else can be done.
more...
Rohan99
07-26 01:33 PM
^^^^^^
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Legal
07-24 07:10 PM
Have some more comments from Atty Ron. Might be interesting to discuss if already not brought up.
"Some thoughts on India E2 movement over the next two months.
More and more, I see people posting messages containing the unspoken assumption that since the Indian E2 cutoff date has moved forward, it is likely to move forward further in the coming months. This is a false hope.
Even with a cutoff date in early 2003, the CIS has sufficient inventory of Indian E2 adjustments on file to use up the remaining inventory of E2 visas for this fiscal year. The reason that the Visa Office advanced the priority date is to move it up to the point where overseas consular posts can take up the slack left by the CIS's inability to close out enough cases and avoid wasting visas this year.
The CIS inventory of pending cases is massive. If there were no quota at all - if everyone were suddenly "current" - and no new cases were filed after today, it would still take the CIS four to five years to close out all of the pending cases that they already have in their inventory.
Overseas consular posts maintain inventories of cases as well. When the priority date for a particular case starts to edge forward and it appears that the applicant may become "current' in the not too distant future, the applicant is told to submit all required supporting documents to the post or the NVC. When this is done, the applicant is reported to the Visa Office as being "documentarily qualified." This means that the case is in a position where an immigrant visa can be issued to the applicant as soon as a visa number becomes available.
The inventory of documentarily qualified cases with current priority dates at a consular post never exceeds that post's ability to process all such cases within sixty days. Consular posts have very high bandwidth processing capabilities. No matter how many cases become current, they are able to process all of them within sixty days.
The reason that the Indian E2 cutoff date has moved forward is that the Visa Office fears that the CIS will not be able to adjudicate enough adjustment of status applications to exhaust the annual quota. They have advanced the cutoff date in order to make more cases overseas eligible for final processing.
This means that overseas consular posts have exhausted their inventories of Indian E2 cases with priority dates earlier than 2006 and the Visa Office had to move the cutoff date forward in order to make more cases eligible to be closed out.
This does not mean that the CIS has closed out all of the pre-2006 cases pending in their inventory. Far from it. When the new fiscal year starts, Indian E2 is likely to retrogress back to late 2002 or early 2003. This is roughly the point reached by the CIS in processing their inventory of pending cases.
Please understand that this is a temporary phenomenon and due entirely to the difference in the processing capabilities of the CIS and the overseas consular posts.
I hope this clarifies matters."
I am curious and have a few questions:
1. What was Ron Gotcher's prediction (if any) BEFORE the Aug bulletin came out??
2. In his long post above, he elaborates on one single theme- to avoid wastage of visa numbers, and since there are some CP cases which could be adjudicated faster, USCIS moved the dates. ABSOLUTELY NOTHING NEW HERE, everyone knows this. He is entirely silent on (a) the ACTUAL number of EB visas available for this fiscal year, (b) spillover from unused FB quota
3. He is entirely silent on vertical spill over policy changing to horizontal spill over policy. Even without spillover, some minimum numbers will be available in October for EB2-I from the new fiscal year's quota.
4. He is not giving any credible explanation on why the dates will move back to 2002-3 despite declaring there is a massive inventory? What are the numbers he has on this massive inventory? If there is such a massive inventory of pending EB-2 cases, and every one knows this, no one will be speculating like this.
"Some thoughts on India E2 movement over the next two months.
More and more, I see people posting messages containing the unspoken assumption that since the Indian E2 cutoff date has moved forward, it is likely to move forward further in the coming months. This is a false hope.
Even with a cutoff date in early 2003, the CIS has sufficient inventory of Indian E2 adjustments on file to use up the remaining inventory of E2 visas for this fiscal year. The reason that the Visa Office advanced the priority date is to move it up to the point where overseas consular posts can take up the slack left by the CIS's inability to close out enough cases and avoid wasting visas this year.
The CIS inventory of pending cases is massive. If there were no quota at all - if everyone were suddenly "current" - and no new cases were filed after today, it would still take the CIS four to five years to close out all of the pending cases that they already have in their inventory.
Overseas consular posts maintain inventories of cases as well. When the priority date for a particular case starts to edge forward and it appears that the applicant may become "current' in the not too distant future, the applicant is told to submit all required supporting documents to the post or the NVC. When this is done, the applicant is reported to the Visa Office as being "documentarily qualified." This means that the case is in a position where an immigrant visa can be issued to the applicant as soon as a visa number becomes available.
The inventory of documentarily qualified cases with current priority dates at a consular post never exceeds that post's ability to process all such cases within sixty days. Consular posts have very high bandwidth processing capabilities. No matter how many cases become current, they are able to process all of them within sixty days.
The reason that the Indian E2 cutoff date has moved forward is that the Visa Office fears that the CIS will not be able to adjudicate enough adjustment of status applications to exhaust the annual quota. They have advanced the cutoff date in order to make more cases overseas eligible for final processing.
This means that overseas consular posts have exhausted their inventories of Indian E2 cases with priority dates earlier than 2006 and the Visa Office had to move the cutoff date forward in order to make more cases eligible to be closed out.
This does not mean that the CIS has closed out all of the pre-2006 cases pending in their inventory. Far from it. When the new fiscal year starts, Indian E2 is likely to retrogress back to late 2002 or early 2003. This is roughly the point reached by the CIS in processing their inventory of pending cases.
Please understand that this is a temporary phenomenon and due entirely to the difference in the processing capabilities of the CIS and the overseas consular posts.
I hope this clarifies matters."
I am curious and have a few questions:
1. What was Ron Gotcher's prediction (if any) BEFORE the Aug bulletin came out??
2. In his long post above, he elaborates on one single theme- to avoid wastage of visa numbers, and since there are some CP cases which could be adjudicated faster, USCIS moved the dates. ABSOLUTELY NOTHING NEW HERE, everyone knows this. He is entirely silent on (a) the ACTUAL number of EB visas available for this fiscal year, (b) spillover from unused FB quota
3. He is entirely silent on vertical spill over policy changing to horizontal spill over policy. Even without spillover, some minimum numbers will be available in October for EB2-I from the new fiscal year's quota.
4. He is not giving any credible explanation on why the dates will move back to 2002-3 despite declaring there is a massive inventory? What are the numbers he has on this massive inventory? If there is such a massive inventory of pending EB-2 cases, and every one knows this, no one will be speculating like this.
more...
alien007
07-22 08:56 AM
2005. The guy at the college said to the FOBs (including myself)...Dress in your best suits, we are goin to a business meeting! all of us got excited. the meeting was attended by people of all colors. felt good that desis are heading it! then i joined paying around $250. Slowly came to know that its not my cup of tea. The quickstar guys have only few brands of softdrinks and other amway products, always nagging others to join in, faking a spontaneous friendship. The speeches they give at the meetings are all almost the same. they seem to have a standard text, and have an aquired american accent. they talk abt being financially independent, but losing perspective, friends, decency. after a few weeks, i got my refund, and pulled out.
2006. TX. a stranger desi lady was being so friendly to me and my friend in a Walmart. After sometime when she was trying to give her hubby's contact details, i walked away. my friend was caught up, and he wouldnt come! I got many follow up calls from her abt business meetings. i said NO.
2007. a friend of mine comes to Florida from India to do a phd in chemistry. calls me up and says im coming to DE for a meeting. you should come! he said it wasnt abt chemistry. I could immediately smell some amway stink. i advised him not to go for it. im glad he and a lot of others stopped getting into this quickstar quicksand.
I mean, the weeds are everywhere! and at all times.
Just like Telemarketing is regulated at the federal level from using deception, i hope this amway mania is kept under check as well.
2006. TX. a stranger desi lady was being so friendly to me and my friend in a Walmart. After sometime when she was trying to give her hubby's contact details, i walked away. my friend was caught up, and he wouldnt come! I got many follow up calls from her abt business meetings. i said NO.
2007. a friend of mine comes to Florida from India to do a phd in chemistry. calls me up and says im coming to DE for a meeting. you should come! he said it wasnt abt chemistry. I could immediately smell some amway stink. i advised him not to go for it. im glad he and a lot of others stopped getting into this quickstar quicksand.
I mean, the weeds are everywhere! and at all times.
Just like Telemarketing is regulated at the federal level from using deception, i hope this amway mania is kept under check as well.
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John333
07-18 07:00 AM
Thank you for your answer.
Kindly let me know how to contact you.
Kindly let me know how to contact you.
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logiclife
06-28 05:04 PM
In that AILA reference of EB3 others for june... DOS asked USCIS that visas are exausted..it wasnt USCIS directly jumping to conclusions.
my 2 cents..
Still, just because DOS told USCIS "Visas are exhausted" doesnt mean they should stop ACCEPTING new petitions. They can stop APPROVING new ones, but why stop ACCEPTING new petitions. Visa bulletins guide the filing as well as approval of petitions. If visa bulletins is current, then they can both accept and approve petitions.
my 2 cents..
Still, just because DOS told USCIS "Visas are exhausted" doesnt mean they should stop ACCEPTING new petitions. They can stop APPROVING new ones, but why stop ACCEPTING new petitions. Visa bulletins guide the filing as well as approval of petitions. If visa bulletins is current, then they can both accept and approve petitions.
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alisa
06-28 08:58 PM
There is difference... We didn't spend any money after June VB but everybody spent minimum $500 after July VB...
If they don't accept application then USCIS made govt = 500* 100,00= $ 5000000.
Its not about $500.
USCIS and the US government can ask for more money. And we will happily give it to them.
Its about the stability that filing for AOS offers.
But keep in mind, you weren't able to file for AOS in June.
So maybe, we won't be able to file for AOS in July either. But thats about it. Life will go on.
So it would be best for us to stop torturing our brains.
There is not much we can do about anything. USCIS can choose to reject ALL applications received in July. AILA will issue a freaking statement. We will shed a few tears and call USCIS names.
If they don't accept application then USCIS made govt = 500* 100,00= $ 5000000.
Its not about $500.
USCIS and the US government can ask for more money. And we will happily give it to them.
Its about the stability that filing for AOS offers.
But keep in mind, you weren't able to file for AOS in June.
So maybe, we won't be able to file for AOS in July either. But thats about it. Life will go on.
So it would be best for us to stop torturing our brains.
There is not much we can do about anything. USCIS can choose to reject ALL applications received in July. AILA will issue a freaking statement. We will shed a few tears and call USCIS names.
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09-24 04:03 PM
Please send emails and post here to get a count..
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ajay
07-07 07:17 AM
There are several threads discussing this topic, but I have not been able to get a firm answer for my case.
I have an approved I 140. I waited for six months after applying for 485 and accepted a job with another employer. I am working for this employer on H1B.
I now have a visa valid till 2011.
My confusion arises here -
I am planning to go for a vacation to India and understandbly due to PIMS delays do not want to get my new H1 stamped.
Can I use my AP to enter the country and continue to work using my H1?
I know from this forum that many people have returned on AP and continued to work on H1, but in their case they are still working for the original Green Card sponsor.
All my excitement about going on vacation has dimmed because of this confusing factor.
Any inputs will be greatly apprecaited.
I have an approved I 140. I waited for six months after applying for 485 and accepted a job with another employer. I am working for this employer on H1B.
I now have a visa valid till 2011.
My confusion arises here -
I am planning to go for a vacation to India and understandbly due to PIMS delays do not want to get my new H1 stamped.
Can I use my AP to enter the country and continue to work using my H1?
I know from this forum that many people have returned on AP and continued to work on H1, but in their case they are still working for the original Green Card sponsor.
All my excitement about going on vacation has dimmed because of this confusing factor.
Any inputs will be greatly apprecaited.
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07-03 05:16 PM
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krishmunn
07-27 03:05 PM
Yes it is 1099-INT. "Amway bosses will not inform you..?..anuthorized?"...why don't you check your own braincells. Nobody is boss of anyone. Every business owner receives a proper TAX form with all declarations every year. Neither Murthy/Khanna/ or any corporate law offices are wrong. You should talk to them explicitly before commenting.
Your sorry ass has lot of excuses. Don't open your mouth on things you don't know.
So now you say Amway gives you 1099-INT ? Didn't you earlier say they give a 1099-MISC ?
BTW, Amway cannot issue you a 1099-INT -- that is for bank interest. Look who do not know things (and still try to open mouth ) :rolleyes:
Bottomline -- you are NOT allowed to do ANY type of business on H1. If you think I am wrong , just share your name and address and I will be happy to send the info to CIS.
Your mouthfull of garbage does not change the law
Your sorry ass has lot of excuses. Don't open your mouth on things you don't know.
So now you say Amway gives you 1099-INT ? Didn't you earlier say they give a 1099-MISC ?
BTW, Amway cannot issue you a 1099-INT -- that is for bank interest. Look who do not know things (and still try to open mouth ) :rolleyes:
Bottomline -- you are NOT allowed to do ANY type of business on H1. If you think I am wrong , just share your name and address and I will be happy to send the info to CIS.
Your mouthfull of garbage does not change the law
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nandakumar
07-21 12:30 PM
I too live in Bay area and have been stalked by lot of Amway/quickstar folks, even couple of my friends tried all their tricks to make us Amway members, after repeated refusals they say that we are losers but in fact they are the losers, losing friends day by day.
unseenguy
04-01 02:32 AM
Please also consider the forced sacrifice country and millions of your countrymate made due to Nehru clan compared to the "sacrifice" Nehru himself made.
It is true everyone has made some sacrifices but consider if India were not a free country and if Nehru and others like Mahatma Gandhi didn't dedicate themselves to the cause of nation then would we be better off today? We failed to carry the torch left by them for us.
Has anyone asked them to vote for Nehru dynasty after the blunders? Didnt anyone see it coming? Building society is everyone's responsibility. Not just Nehru or his children's.
This is like saying we wasted one spot in Indian cricket team on Sachin Tendulkar when he scored 0 in some matches or didnt win a match for India.
It is team work and collective responsibility that will make this country prosper. Blaming some person by saying all his fault and we are here because he screwed us is not the right thing to do. It just finds a scapegoat and does not solve the problem. We should learn from the mistakes the country has made and learn from them and move forward.
It is true everyone has made some sacrifices but consider if India were not a free country and if Nehru and others like Mahatma Gandhi didn't dedicate themselves to the cause of nation then would we be better off today? We failed to carry the torch left by them for us.
Has anyone asked them to vote for Nehru dynasty after the blunders? Didnt anyone see it coming? Building society is everyone's responsibility. Not just Nehru or his children's.
This is like saying we wasted one spot in Indian cricket team on Sachin Tendulkar when he scored 0 in some matches or didnt win a match for India.
It is team work and collective responsibility that will make this country prosper. Blaming some person by saying all his fault and we are here because he screwed us is not the right thing to do. It just finds a scapegoat and does not solve the problem. We should learn from the mistakes the country has made and learn from them and move forward.
samay
07-28 04:15 PM
Hello Sir,
I am in a process of getting name change for my wife on pending I485. This is because her first name is given as 'No Name Given' by USCIS on the I485 file, EAD and A.P. As she did not have first name in passport.
We recently got her name change on passport by adding my(husbands name) as SURNAME. Now we want to refelect this change on EAD and 485.
Sir, can you please let me know the process of amendment to get name change on the file. What applicaton do I need to fill, and what documents should i send with the form. Can I do it on my own or do i have to go thru a lawyer.
Your answer is highly appriciated.
Thanks,
hydubadi
You will have to inform the USCIS by a letter. Do you have an attorney. If not please get in touch with me
I am in a process of getting name change for my wife on pending I485. This is because her first name is given as 'No Name Given' by USCIS on the I485 file, EAD and A.P. As she did not have first name in passport.
We recently got her name change on passport by adding my(husbands name) as SURNAME. Now we want to refelect this change on EAD and 485.
Sir, can you please let me know the process of amendment to get name change on the file. What applicaton do I need to fill, and what documents should i send with the form. Can I do it on my own or do i have to go thru a lawyer.
Your answer is highly appriciated.
Thanks,
hydubadi
You will have to inform the USCIS by a letter. Do you have an attorney. If not please get in touch with me
