IreMex

I was wondering if anyone can give me some advice on what to do.

My wife got her ss card in May with her married name. She then got her green card in September and it has her married name on it as well. We went to the ss office last week to get an updated ss card, for work authorization, and the lady working says the uscis is showing my wife in their system with her maiden name, yet the green card is in her married name. She can not give her a ss card until that is cleared up and matching. She took a copy of my wifes green card and said she will send it to the uscis and ask them to fix it. I said that's fine. How will I know when its fixed. She said she doesn't know, but this is a common problem. I just need to wait for a new ss card in the mail.

My question, is there anything I can do to make sure its being fixed? We are planning an international trip soon and I don't want to have problems when we come back. Thank you.

The only concern is that your Wifes Green card has a different name on it than that which is on File with the USCIS Database. Raising a Red Flag at Point of Entry after Trip.

You should sort this out with the USCIS before you leave. Infopass or call as previously suggested.

Enjoy your trip

I am only holding Harpa to the same exact standards that she expects from others.

If she wants to chastise people for giving "lots of bad info" (I still don’t see how one post in 14 is lots) and "Randomly guessing"

She should be open to the same criticism herself.

To her J-1 Home residency point (#35) I would like to point out to her that

1. Germany is not on the list provided by the Department of State. (Revised in 2009)

And it categorically states that any country not on that list is not subject to the "Two year home residency requirement"

http://travel.state.gov/visa/temp/types/types_4514.html

I don’t know how that can be confusing!!

2. The Office of international Affairs at The University of Chicago specifically mentions Germany as a country not Listed in above Program

http://internationalaffairs.uchicago.edu/page/j-1-status-two-year-home-residency-requirement-two-year-repeat-bar

3. That anybody on a J-1 Visa, subject to the Home Residency Requirement, cannot adjust Status to a H,L,K or LPR Visa unless said requirement has been satisfied

And since OP is on a H1-B Visa we can assume that the "J-1 two year home residency requirement" is

a. non factor in this case

b. Requirement satisfied

c. Requirement Waived

http://travel.state.gov/visa/temp/types/types_1267.html#15

So if you are talking about bad information..........!!!!

Slan agus Beannacht

PS. Harpa when I'm in Berlin next week I will scold Chancellor Merkel for not requesting Germany be put on the List

I don't see how I am being unnice. Should I put a smiley on things? The only thing I see that was slightly not nice was that there was lots of bad info here, but that was just true. It's hard when people make random guesses and cause undue stress. Of course, we all make mistakes, but randomly guessing is harmful.

Harpa,

Lets review your first comment.

Your first comment is #14

So of the previous 13 comments made by members 5 were made by Newbie and one by an Organiser

2 people talked about RFE's

2 People talked about having to wait for the Letter of Denial to arrive

1 Person said travel was not possible

1 Person takled about firing her Lawyer

All Valid points for the information available, the first 2 which you have alluded too in some of your comments.

So Where does the "Wow, lots of bad info here...." statement come from?

Germany is not on the "2 year Home-Residency requirements" list. So much for "Random Guessing and bad info"

So OBVIOUSLY you did not do your homework.

Whether it was a travel problem, RFE request or a Lawyer screw up we are all guessing!!!

Harpa I do understand that you are trying to help but you have a dismissive attitude toward other people on this site that is rude. No smiley face will correct that

People on this site are only trying to help. The receipient of the comments posted here realise that they ,the comments, are only suggestions and as such not LEGAL ADVICE.

Newbie, IMHO, your best option, while waiting for letter, is to go back to your lawyer and backtrack the process and see if anything is missing. But he will probably say we have to wait to see why the application was denied because as of now who really knows?

Best of luck and Sorry for the Sidetrack comments

OP is on an H1-B visa which allows travel during AOS, so no, it isn't that. Harpa is a very knowledgeable member on here, she is usually spot on with her advice. General consensus is something administrative is the issue, likely the RFE, although missing the interview is also a possibility (I had to have my green card redelivered because of USPS, wouldn't be at all surprised if the interview letter got misdirected).

Edited for total misuse of a word. My English teachers would shudder.

Harpa maybe very knowledgable but it's the tone of her comments I find unreasonable. A bit caustic and condesending!!!

It's Nice to be Nice

Hi Newbie,

Do a Google Search.

"Can you travel outside US while waiting on AOS"

http://www.hooyou.com/i-485/h-1b-filing-memo.html

http://immigration.indianblogger.com/greencard/travel-restrictions-while-the-adjustment-of-status-i-485-is-pending/

Above are just 2 sites which may apply to you.

It sounds like your travel outside the states, while permitted, may have cancelled your I-485 application and you may need to reapply.

But you need to talk to your Lawyer and ask him/her to verify the legal requirements, for travel, and if you broke them by accident.

While Harpa wants to bet her Mortgage on her advice/comments, It sounds like she may need to calm down a little

We are all here to seek help/advice and share experiences with fellow applicants.

Good luck. I'm sure it will get sorted.

Hi Newbie,

Do a Google Search.

"Can you travel outside US while waiting on AOS"

http://www.hooyou.com/i-485/h-1b-filing-memo.html

http://immigration.indianblogger.com/greencard/travel-restrictions-while-the-adjustment-of-status-i-485-is-pending/

Above are just 2 sites which MAY apply to you.

It sounds like your travel outside the states, while permitted, may have cancelled your I-485 application and you may need to reapply.

But you need to talk to your Lawyer and ask him/her to verify the legal requirements and if you broke them by accident.

While Harpa wants to bet her Mortgage on her advice It sounds like she may need to calm down a little

We are all here to seek help/advice and share experiences with fellow applicants.

Good luck. I'm sure it will get sorted.

OPT doesn't change your wife's visa status. She is still on F-1 status on OPT. Frankly, I'm surprised that the company that your wife works for didn't petition for her to get an H-1B (this is assuming that she is in a specialty STEM field?). I was on OPT when I was hired by my employer and am now on H-1B waiting for my AOS. I am also of the understanding that OPT has a one time extension for up to 17 months or something? I don't remember, but you may want to look into this. Otherwise, nope she can't work without her EAD.

Mebe,

Only certain fields are allowed the OPT extension.

My Wife is NOT working at the moment. Nor have ever said she was working full time. My Original post says ,She worked volunteer Jobs until recently and now there is a chance she will be offered a Job soon.

Mebe not meant specifically for you but I wish people would READ the Posts and then answer.

Good luck IreMex!

Couldn't do it without YEA!!

you know the internet can be a wealth of information..

Google, Yahoo, and many internet forums all contain wealth of information..

But the issue is, you put down a search criteria and 90% of the results is garbage.. just like some of these replies.. there are so many wonderful people here on VJ.. many have a lot of extremely helpful information..

Those that put comments like, "you were given help information, just because you don't like it, bla bla bla.. those people actually beleive thier posts were helpful.. I know it's dificult to beleive, but they really thought what they put down was some useful and credible stuff.. But, the truth is, they have really nothing better to do, than to reply to forums with useless posts in attempt to make their lives feel somewhat important..

Don't want to take away from the real help you can get here.. there are many examples of people getting through this dificult process with only the help of this website.. but as with anything I suppose, you have to tolerate some of the garbage..

I appologize that you've experienced some of the more useless stuff from VJ'rs.. dont let it get to you.. those people will continue to beleive they serve a purpose, and maybe sometimes they actually do, but it usually not worth the time to try to affect change since they will continue to beleive they're useful.

Kenny,

No need for apoligizes

As I said I'm just looking to see what people have experienced in our situation. We actually had accepted that my Wife would not be able to work during her pending AOS Status but then she received an email asking her to come in for an interview and I was wondering if any body had gone thru the same situation.

Before we filed our papers we went to an immigration Lawyer and asked her to look over what we had prepared for the petition package. We had a very good meeting with her. She complimented us on our paperwork and said that looking at what we had we were in great condition. She just said on leaving that if we came across a problem call her and we can go from there. We asked about the work situation and her answer was Not Legally but.......

Anyways thank you for your input. It is smoothing

Ire(land)Mex(ico) I tell you it's a great partnership

Regarding timing, I mean to say that you could have applied earlier, say a few months before her OPT expired, so there would be no gap in work-authorization. This is what most people in your situation do. So what's done is done, but the fact is she will have a gap in her work. That's how it is, so accept it.

Seeing as you don't know my exact situation you are wrong. We got married 3 weeks ago.

You and Teddy B are rather frightful!!!

You are getting very sound advice, just because you don't like it, doesn't make it criticism.

Teddy,

If you bothered to read and take in my posts you would see that I have no intention of breaking "your" laws or any US Laws. I am just looking for peoples experiences on this web site. Also I stated that a Friend of mine received his EAD 7-10 days after his AOS application was accepted, which in turn was 6-7 weeks before his GC. i.e. Every case is different!!! Bear that in mind before you decide to Opine on other peoples situations!! As it's rather Borish!!!

Any "solution" would be breaking laws. She can't work or work unpaid for a position that is normally paid until she has EAD. Poor planning on your part does not make an emergency on USCIS's part.

I'm asking for advice not critism!!!

The timing of her interview was something we had no control over.

Poor Planning??????

Whether or not her and her potential employer is "comfortable" with that does not change the fact that it is illegal and you would be breaking the law.

I did say "Without Breaking any laws"

A situation maybe that they would hold the job for her until she gets her EAD.

Hi Guys,

Don't mean to start a fight here

Thanks for all advice.

I was just trying to understand the process for my wifes status as regards work.

She is not, at present, working in any capacity but she just received an email from a company who had seen her resume and want her to come in for an interview. She has been finding it very difficult to find work in her field. The only option we have is for her to do the Interview and explain her situation and hopefully it will work out. The actual Job start date is not until October.

We will not do anything to jeopardize her situation but from I'm reading, yes it is illegal to work without employment authorization but the USCIS seem to be lienent for a spouse. So it would it seem it is a situation between employer and employee to see if they can arrange a solution provided that everyone is comfortable with the situation. Without breaking any laws.

A freind of mine, recently (March 2012), received his EAD within 2 weeks. That is a fact I know of. Just got off the phone with him to verify his timeline. This is why I thought she might be able to work during her AOS pending period.

I asked him about the process and he said.

Initial Application rejected.

2nd Application accepted. 1 week later.

7-10 days,after 2nd Application accepted, Work Authorization card arrived.

He was adamant about this has he remembers thinking how fast it was and that it marked the first time he could legally work in the US in 20 years.

Applied for Social Security Card and Drivers License.

The whole process took 8 weeks for him. From 1st application to GC interview.

Every case is different.

My Wife received four notices last night from USCIS whereas I have received none. Strange!! But every case is different.

Cheers

I picked this up from a Google search on the University of Colorado Web site

Question: Can I work while waiting to get my green card?

Answer: When you apply for permanent residency (I-485, affidavit, medical exam, photos, etc.), you can also request work authorization to cover employment while your application is being processed. If you marry a permanent resident and are not able to file for the green card yet, you can only work if you have a valid non-immigrant visa which allows you to work.

http://www.colorado.edu/oie/isss/pdfs/MARRIAGE%20TO%20a%20US%20Citizen.pdf

So this implies that maybe she can work??

And we just got a NOA this evening

An OPT Visa is a Practical Training visa. It is given to Students on completion their Graduate studies here in the US. They are allowed to work for up to 18 months in their chosen field to gain work experience.

Hi,

My Wife and I filed the I-130, I-485, I-131, I-864, and I-765 last week just before her OPT Visa Status had run out.

We have not received any notification from the USCIS. All we know is that the package was delievered and signed for last Thursday 08.16.12.

She had been working a cpl of Voluteer positions until recently. Now there is a chance that she will be offered a full time position in the next few weeks. Her OPT Status runs out this Friday 08.24.12.

She entered the US on a F1 Visa, Changed that to an OPT Visa on completion of her studies which allowed her to work here legally in her field.

My question is what is her legal status for employment when the OPT ends this week and the AOS petition is in process?

Thank you in advance for your help