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Out of status, employment gap and status revalidation Gap in employment(paystubs) and the resulting problems during status transfer and green card filing.

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  #16 (permalink)  
Old 03-02-2008, 01:09 PM
Junior Member
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Jul-04
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sotaz is an unknown quantity at this point
Talking

Quote:
Originally Posted by ssnd03 View Post
Stop bullshitting dude. I know so many proud indians like you who will never go back to india and also create ABCDs. Just because you have a GC through a short cut stop preaching and get off the high horse.

As for the original poster - I hope things work out for you. Personally i won't subject the baby to 20 hrs of travel in his/her first month. Try to get extension of status.
Thank god you said that! I was so tempted say it myself - but lacked the courage to be unpleasant!
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  #17 (permalink)  
Old 03-02-2008, 01:57 PM
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Here's what I would suggest

1) You can recapture the time spent in India (on L1) for vacations. You need to contact your immigration attorney to do this.

2) SSN is not required for getting US passport. I got my son's PP while SSN was pending (fillin 000-00-0000 for SSN in PP application. You need to give SSN for child only if you have it. Else fill all zeros, which is what I did). Apply PP in expedited, as soon as you get birth certificate [may take 2 weeks to get BC, 2-3 more weeks to get PP].

SSN takes a long time [3-4 weeks]. Don't wait for it to apply for PP.

3) Go to nearest Indian consulate/embassy in person and apply for PIO . This way it will be faster. Another option is get a long term visa for your kid and apply for PIO in India.

http://www.mha.nic.in/pioscheme.htm#WHERE%20APPLY

Quote:
Originally Posted by sumantagayen View Post
I am currently in US and my L1B visa (and I-94) is expiring by May end this year and we are expecting a new born baby by April end this year. I am not sure if I can get Birth Certificate, US Passport and PIO for my baby within one month timeframe before I have to leave US. Can you please suggest what would be the best option in this case?
Is there anyway I can request US immigration department to extend my I-94 by one more month considering this situation. Is filing stay extension using form I-539 possible for L1 visa holder?

I don't know what to do if I don't get my child's visa before my visa expires.
Will overstaying in US after I-94 expiration under my situation cause any problem?

Please help!
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  #18 (permalink)  
Old 03-02-2008, 03:59 PM
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sumantagayen will become famous soon enough sumantagayen will become famous soon enough
Default how to change the status to B2?

Quote:
Originally Posted by glus View Post
NO, not true. Can cause issues in the future. Better idea to change status to B2 and that's it.
Thanks a lot for all the suggestions.

Can someone point me the steps/process for changing the status to B2 visa.
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  #19 (permalink)  
Old 03-02-2008, 04:00 PM
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Citizenship:
#a. If a child is born in US, he/she can have US citizenship after birth or
#b. If parents are foreign citizins and parents decide to take foreign citizenship, when child reaches 18 years of age, he/she has option to take US citizenship.

So US citizenship is not an issue. I think you want to take US citizenship for you child immediately. Already enough inputs are there, related to Passport, SSN, Birth Certificates etc.

Mother/Child safety:
#a. My parents travelled 15-20 hrs of train journey, when I was 21 days old (doctor allowed, summer, June).
#b. When my son (1984) was born, doctor allowed 14 hrs train journey after 10 days (Delhi, summer, April), however we did not travel.

You must seek doctor's consent before mother/child take up travel, it mostly depends on health and condition of mother/child. Some child can be OK after 1 week and for some it may be few months. Same case is applicable to mother. If surgery is involved, then she needs rest, which could be easily up to five-six weeks.

Overstay:
Most of the people take some time to wind up. There is no hard and fast rule. You may get some opinion to go out before expiry of I94. Legally overstay over six month put you on 3 years reenty bar and overstay over 1 year puts 10 years reentry bar. Usually overstay for winding up (less than 180 days) is ignored in case of H1/H4. There may be RFE, while GC processing is going on, but this will not account for rejection.

Medical Insurance during overstay:
Employers can provide insurance for up to two months, while you are not working. I am not sure about L1 cases

I hope that everything goes fine and in 4-6 week after baby is born, you are ready to fly back.

(Not a legal advice)
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  #20 (permalink)  
Old 12-17-2010, 11:25 AM
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I applied for my son's SSN in the hospital he was born in. Unfortunately, after we got home, my father in law was unhappy with the name we had given and there fore had to change it. The name was changed within a month, so his birth certificate shows one name and his social security# shows the other.
We have had no problems getting a passport or oci card for him. However, when it comes to opening a bank account for him, they need the ssn and the birth certificate - they have different names
is it easy to change the name on the ssn? especially for us immigrants?
will this create problems?
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  #21 (permalink)  
Old 12-17-2010, 01:11 PM
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Default File for extension with recapture

The best option is to file for extension of status by re-capturing any vacation time that you had in the last 5 years, or file for extension of your current status.

The total duration for L1B is 5 years. It only counts all days that you were physically present in the US, and not the days when you were out of the country.

Avoid changing to B2
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Last edited by ramaonline; 12-17-2010 at 01:13 PM.
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  #22 (permalink)  
Old 12-17-2010, 01:48 PM
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Quote:
Originally Posted by immig4me View Post
I applied for my son's SSN in the hospital he was born in. Unfortunately, after we got home, my father in law was unhappy with the name we had given and there fore had to change it. The name was changed within a month, so his birth certificate shows one name and his social security# shows the other.
We have had no problems getting a passport or oci card for him. However, when it comes to opening a bank account for him, they need the ssn and the birth certificate - they have different names
is it easy to change the name on the ssn? especially for us immigrants?
will this create problems?
Apply for a new ssn card with name change.
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