div_bell_2003
06-22 12:43 PM
Your H1B extension has no value till 09/24/10 when it becomes active.
You can probably go to India to get H1B stamped on July but you have to present your current H1B approval as the petition required and ( check with your office lawyer on this ) you are most likely going to get H1B visa valid till 09/23/10 ( based on your current petition ) . I don't know what your POE in US is , but I've heard/read anecdotes where the CBP officer at POE plays 'too much on top of his things' and tells people that their entry date is very close to their visa expiration date , that's when you bring out your extension approval. Once again , please check with your lawyer on possible issues to look out for, but this can be done.
You can work legally in US with an expired visa and a legitimate H1B extension approval notice.
Good luck.
You can probably go to India to get H1B stamped on July but you have to present your current H1B approval as the petition required and ( check with your office lawyer on this ) you are most likely going to get H1B visa valid till 09/23/10 ( based on your current petition ) . I don't know what your POE in US is , but I've heard/read anecdotes where the CBP officer at POE plays 'too much on top of his things' and tells people that their entry date is very close to their visa expiration date , that's when you bring out your extension approval. Once again , please check with your lawyer on possible issues to look out for, but this can be done.
You can work legally in US with an expired visa and a legitimate H1B extension approval notice.
Good luck.
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JazzByTheBay
05-30 02:08 AM
While doing some ad-hoc research after watching Valkyrie, I discovered this interesting bit of U.S. immigration history and couldn't help but be amazed how nobody seems to know or talk about United States v. Bhagat Singh Thind (http://en.wikipedia.org/wiki/United_States_v._Bhagat_Singh_Thind).
The Luce-Celler Act of 1946 (http://en.wikipedia.org/wiki/Luce-Celler_Act_of_1946) was proposed by Republican Clare Booth Luce and Democrat Emanuel Celler in 1943 and signed into being by President Harry Truman on July 2, 1946, granting naturalization rights to Indian Americans (and Filipino Americans) and re-established immigration from India (and the Philippines).
Food for thought...
jazz
The Luce-Celler Act of 1946 (http://en.wikipedia.org/wiki/Luce-Celler_Act_of_1946) was proposed by Republican Clare Booth Luce and Democrat Emanuel Celler in 1943 and signed into being by President Harry Truman on July 2, 1946, granting naturalization rights to Indian Americans (and Filipino Americans) and re-established immigration from India (and the Philippines).
Food for thought...
jazz
das0
12-17 05:38 PM
Thanks you.
Is AC21 Memo required under Law?
Is AC21 Memo required under Law?
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dreamgc_real
04-22 02:20 PM
Please go and talk to Hispanic Caucus about it. Maybe they will listen to your desperate call for help and suffering.
Tell them you want to buy bigger house, fancier car and get promoted to make more money. You cannot go to Europe vacations or on a Cruise without a greencard. Your wife cannot also make 100K+ money as much as you make and so your kids are starving. Tell them that you are very educated and have Ivy league degrees. Despite all your intelligence and smartness, your employer is exploiting you and not giving promotions.
Then say your problems are more important than problems of undocumented. They are anyways subhuman and you do not care if they do not have food to eat, get exploited, do not get medical care or have a roof above their house. They should all be jailed and deported like animals. USA is a rich country and can easily round up 13 million people and deport them. Suggest some ways of deportation using your smart intelligence.
I'm sure Hispanic Caucus and for that matter any Congress member will definitely listen to you without forming a negative opinion about the arrogance of the entire H1Bkind..
We need Immigration Reform. Period.
We want our agenda passed before theirs. They want their agenda passed before ours......... can't you see, they are the two sides of the same coin. So stop bickering about legal and illegal immigration.
Tell them you want to buy bigger house, fancier car and get promoted to make more money. You cannot go to Europe vacations or on a Cruise without a greencard. Your wife cannot also make 100K+ money as much as you make and so your kids are starving. Tell them that you are very educated and have Ivy league degrees. Despite all your intelligence and smartness, your employer is exploiting you and not giving promotions.
Then say your problems are more important than problems of undocumented. They are anyways subhuman and you do not care if they do not have food to eat, get exploited, do not get medical care or have a roof above their house. They should all be jailed and deported like animals. USA is a rich country and can easily round up 13 million people and deport them. Suggest some ways of deportation using your smart intelligence.
I'm sure Hispanic Caucus and for that matter any Congress member will definitely listen to you without forming a negative opinion about the arrogance of the entire H1Bkind..
We need Immigration Reform. Period.
We want our agenda passed before theirs. They want their agenda passed before ours......... can't you see, they are the two sides of the same coin. So stop bickering about legal and illegal immigration.
more...
Refugee_New
06-13 10:25 AM
Sorry to hear your situation. Not yet got GC ,inspite of your PD is current ..... consult senators and congraswoman Lofgren.
BTW sorry to ask ,why your login id Refugee... You are not REFUGEE, you are highly skilled professional , paying heavy tax ....
Yo are very true. But unfortunately we are GC hostages.
Anyway i will contact local senator and congresswoman now
BTW sorry to ask ,why your login id Refugee... You are not REFUGEE, you are highly skilled professional , paying heavy tax ....
Yo are very true. But unfortunately we are GC hostages.
Anyway i will contact local senator and congresswoman now
fromnaija
07-11 12:36 PM
Background: Rep. Ed Royce was on C-Span on Saturday July 8, 2006 to promote HR 4437. Here is the question I asked and his verbatim response.
Question: My question is on legal immigrants like myself who have been waiting in line for over ten years to get a green card. I see nothing in the House passed bill HR 4437 to support our case. What are you doing to move us unto a fast track and resolve the broken legal immigration process?
Answer: Illegal immigration is very unfair to people who wait in the queue in order to come to the United States. And frankly, all of these illegal immigrations is putting enormous strain on USCIS and other gevernment agencies. If we can secure the border through the legislation that I talked about then I think we'll take a lot of the strain off USCIS. And frankly, it will make the system fairer for those who have waited in line or are waiting in line to come to the united States the right way which is to come the legal way.
Comment: Unfortunately there was no room for a rebuttal. I would have pointed out to him that it is illogical to think that illegal immigration puts any strain on USCIS since USCIS only process legal immigration. Go figure!
Question: My question is on legal immigrants like myself who have been waiting in line for over ten years to get a green card. I see nothing in the House passed bill HR 4437 to support our case. What are you doing to move us unto a fast track and resolve the broken legal immigration process?
Answer: Illegal immigration is very unfair to people who wait in the queue in order to come to the United States. And frankly, all of these illegal immigrations is putting enormous strain on USCIS and other gevernment agencies. If we can secure the border through the legislation that I talked about then I think we'll take a lot of the strain off USCIS. And frankly, it will make the system fairer for those who have waited in line or are waiting in line to come to the united States the right way which is to come the legal way.
Comment: Unfortunately there was no room for a rebuttal. I would have pointed out to him that it is illogical to think that illegal immigration puts any strain on USCIS since USCIS only process legal immigration. Go figure!
more...
ca_immigrant
05-14 11:40 AM
So, this so called nice card...how does it come?
I know its by USPS , but do they need you to sign or something... ?when you get the cover or package, ...or will it be sitting in the mail box one fine day sometime after ones case is approved ?
I might be out of the country perhaps when the card comes, (if I am lucky and my case is attended to by the authorities in July) .... (I will come back on AP)
Intially I was thinking of putting a hold on my mail in the post office...but my lawyer said that USPS sometimes returns mails from USCIS (which could be H1, EAD, AP, GCs, etc...)
So now am thinking I will request my neighbour to hold my mail for me....but am wondering if a signature is needed if the card comes during my absense....
Thanks for your replies Folks !!
I know its by USPS , but do they need you to sign or something... ?when you get the cover or package, ...or will it be sitting in the mail box one fine day sometime after ones case is approved ?
I might be out of the country perhaps when the card comes, (if I am lucky and my case is attended to by the authorities in July) .... (I will come back on AP)
Intially I was thinking of putting a hold on my mail in the post office...but my lawyer said that USPS sometimes returns mails from USCIS (which could be H1, EAD, AP, GCs, etc...)
So now am thinking I will request my neighbour to hold my mail for me....but am wondering if a signature is needed if the card comes during my absense....
Thanks for your replies Folks !!
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chantu
06-30 10:02 AM
Folks please share your opinion/experience about "WHICH USCIS OFFICE" the last EAD application was filed to if you lived and worked in NJ. Thanks!
Last year it went to california center because of the large no. of applications due to july visa bulletin. You should file to Texas service center because you are in NJ (please read the instructions to verify).
Last year it went to california center because of the large no. of applications due to july visa bulletin. You should file to Texas service center because you are in NJ (please read the instructions to verify).
more...
ragz4u
02-17 11:30 PM
If you are on H1B visa and hoping for a green card, get ready to walk to work.
A lot of people do not know that certain states like Pennsylvania will not issue a driver's licence if your H1B is about to expire in less than one year.
This is not the case in all states, but on inquiring, I learned that most states are going towards this as part of their move to make drivers licenses unavailable to illegals http://www.washingtonpost.com/wp-dyn/articles/A45651-2004Sep23.html
If you are on H1B visa and applying for a green card, as described in this post (http://immigrationvoice.org/forum/showthread.php?t=74), you WILL end up in your sixth year of H1 visa if the current situation does not improve. Then you will be able to extend your visa only ONE year at a time. Which means if you end up in a state like PA, you will have to walk to work or use public transport (if your city has public transport).
But by then many would be married/with kids. In that case, they have to make sure their kids can walk to their school too!
And do not forget the grocery store.....make sure its nearby...
The list is endless.
And just because you are not from PA, do not rejoice. What if your company relocates or gets bought over by another firm and you move to a state which enforces such rules?
And though this is applicable to a certain states right now, it will come to YOUR state very soon....I know a person in PA who is going through this now and I'm sure no one wants to be in his shoes!
<Sarcasm>So why not have a proposal to modify the H1B application form and add a question
Are you aware that your permission to drive a vehicle in USA on H1B visa is valid only for five years? along with the other questions that we already have like 'have you ever been convicted/felon' etc?
</Sarcasm>
Join, volunteer and contribute to ImmigrationVoice. This is your only chance to do something about retrogression while its possible. If we miss the boat this time, be ready to walk to work....
A lot of people do not know that certain states like Pennsylvania will not issue a driver's licence if your H1B is about to expire in less than one year.
This is not the case in all states, but on inquiring, I learned that most states are going towards this as part of their move to make drivers licenses unavailable to illegals http://www.washingtonpost.com/wp-dyn/articles/A45651-2004Sep23.html
If you are on H1B visa and applying for a green card, as described in this post (http://immigrationvoice.org/forum/showthread.php?t=74), you WILL end up in your sixth year of H1 visa if the current situation does not improve. Then you will be able to extend your visa only ONE year at a time. Which means if you end up in a state like PA, you will have to walk to work or use public transport (if your city has public transport).
But by then many would be married/with kids. In that case, they have to make sure their kids can walk to their school too!
And do not forget the grocery store.....make sure its nearby...
The list is endless.
And just because you are not from PA, do not rejoice. What if your company relocates or gets bought over by another firm and you move to a state which enforces such rules?
And though this is applicable to a certain states right now, it will come to YOUR state very soon....I know a person in PA who is going through this now and I'm sure no one wants to be in his shoes!
<Sarcasm>So why not have a proposal to modify the H1B application form and add a question
Are you aware that your permission to drive a vehicle in USA on H1B visa is valid only for five years? along with the other questions that we already have like 'have you ever been convicted/felon' etc?
</Sarcasm>
Join, volunteer and contribute to ImmigrationVoice. This is your only chance to do something about retrogression while its possible. If we miss the boat this time, be ready to walk to work....
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ganguteli
07-23 12:07 PM
Bump
more...
kopra
02-25 11:21 AM
Usually they dont create a big issue for H4 re-enty at Port of Entry. But time has changed, and the only thing you can do is to try.
She doesn't have to go for H4 Visa stamping, as she already has a valid H4 Visa stamping valid until Aug 2009. (I think). I'm more worried about Port of Entry, if she will have any problems..
She doesn't have to go for H4 Visa stamping, as she already has a valid H4 Visa stamping valid until Aug 2009. (I think). I'm more worried about Port of Entry, if she will have any problems..
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Raju
07-02 09:51 AM
I see people not supporting the CIR which was suppose to be a pro Immigration bill, no matter which part of the society it was supporting. My question is Are you guys out here a Pro or an anti immigration forum?
Or are you guys out here are to fulfill their selfish dreams, stand on others to reach the top.
Can anyone answer me? I really doubt the people out here.
Read the mission statement. FYI... We are not trying to stand on other to reach the top but, we do not let others stand on us to get to the top. I dont think you understand the subtle difference here. CIR is PRO ILLEGAL IMMIGRATION bill and has nothing to offer Legal EB immigrants.
Or are you guys out here are to fulfill their selfish dreams, stand on others to reach the top.
Can anyone answer me? I really doubt the people out here.
Read the mission statement. FYI... We are not trying to stand on other to reach the top but, we do not let others stand on us to get to the top. I dont think you understand the subtle difference here. CIR is PRO ILLEGAL IMMIGRATION bill and has nothing to offer Legal EB immigrants.
more...
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donelson
March 24th, 2005, 08:34 AM
If you've got six batteries in it, you're using the AA adapter in the MB-D100, which is notorious for very short life. You should be using the lithium ion batteries instead, which are more reliable. Even though the MB-D100 has space for two of the lithium batteries, you can use it with only one installed. Hope this helps.
Don :)
Thank so much for your reply. However, this was my first attempt with the camera so I used new batteries (six). Nontheless, I will try to change it.
Thanks.
Don :)
Thank so much for your reply. However, this was my first attempt with the camera so I used new batteries (six). Nontheless, I will try to change it.
Thanks.
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bp333
10-29 03:38 PM
Thanks much for all your suggestions..i will inform lawyer about this.,
Hi PDCOT05,
You should be OK, I am aware of same situation and they accepted the refiling.
Mine was reject due to "missing or incorrect fee" refiled on Oct 12, waiting. Strange part is we dont have any evidence of the original check. That makes it complicated..
Hi PDCOT05,
You should be OK, I am aware of same situation and they accepted the refiling.
Mine was reject due to "missing or incorrect fee" refiled on Oct 12, waiting. Strange part is we dont have any evidence of the original check. That makes it complicated..
more...
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gc_chahiye
08-15 05:32 AM
Hi,
I'm considering relocating back to India after getting my EAD since I don't know how long it's going to take to actually get the I-485 approved. My questions are:
1) Is it possible to continue to keep my I-485 application active if I relocate to India and work at the India office of the same company that filed my green card?
yes. Remember again: GC is for future job.
2) Is it possible to continue to keep my I-485 application active if I relocate to India and work for a company other than the one that filed my green card?
yes, provided you stayed with this company for atleast 180 days and have another employer here with whom you are using AC21 (ie. he will provide a future employment letter to USCIS in case you get an RFE.
3) Lets say I move back to India after getting the green card, is it enough to simply enter the US once a year to keep my green card active? Can I apply for citizenship after 5 years of having the green card, even though I haven't resided in the US for those 5 years?
you typically need to visit every 6 months, pay all taxes here and if possible maintain residence here. YOu will also typically apply for a re-entry permit when you leave like this for short-term to India. I believe REPs are granted for upto 2 years at a time. What you are trying here (stay outside the US for long periods after getting GC) is potentially risky for your GC.
I'm considering relocating back to India after getting my EAD since I don't know how long it's going to take to actually get the I-485 approved. My questions are:
1) Is it possible to continue to keep my I-485 application active if I relocate to India and work at the India office of the same company that filed my green card?
yes. Remember again: GC is for future job.
2) Is it possible to continue to keep my I-485 application active if I relocate to India and work for a company other than the one that filed my green card?
yes, provided you stayed with this company for atleast 180 days and have another employer here with whom you are using AC21 (ie. he will provide a future employment letter to USCIS in case you get an RFE.
3) Lets say I move back to India after getting the green card, is it enough to simply enter the US once a year to keep my green card active? Can I apply for citizenship after 5 years of having the green card, even though I haven't resided in the US for those 5 years?
you typically need to visit every 6 months, pay all taxes here and if possible maintain residence here. YOu will also typically apply for a re-entry permit when you leave like this for short-term to India. I believe REPs are granted for upto 2 years at a time. What you are trying here (stay outside the US for long periods after getting GC) is potentially risky for your GC.
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rvr_jcop
02-15 01:30 AM
Hello All
I have a question concerning my EAD.Company A applied for my H-1B After an year I have trfd my H-1 to company B and I have been working with company B for the past 2yrs 10 months.My H-1 b is due to expire in feb 2009.Company B Applied for my green card also. I-140 approved in November 2007.I got EAD in oct 2007 and has a valid EAD up to aug 2010.technically I am on EAD since I entered the country on advance parole.Now my company is going to renew my H-1 B .In light of the bill that has been passed which doesnot allow forfresh H-1 B as well as H-1 B renewals,what happens to my EAD if my H-1 renewal petetion gets denied?Does denial of non immigrant petetion leads to denial of immigrant visa (i.e pending adjustment of status).What happens to my EAD.I am worried a lot.Pls advice?Should I request my company to stop the renewal process so that I can stay on EAD only.
Before asking n number of questions, it will be helpful for others(even to answer the questions) if you fill up your profile.
--Its doesnt mean that you are technically on EAD just for the reason of you entered on AP. You could choose to working on H1-B if you want to (by not sending your I-9)
--Is company B you mentioned a TARP company?
--Denial of non-imm petition does not automatically lead to denial of other immi petitions provided all else is good
Chill out and stop worrying. Talk to your attorney and make wise decision that is good for you.
This is just my opinion/understanding and others could correct me if I was wrong..
I have a question concerning my EAD.Company A applied for my H-1B After an year I have trfd my H-1 to company B and I have been working with company B for the past 2yrs 10 months.My H-1 b is due to expire in feb 2009.Company B Applied for my green card also. I-140 approved in November 2007.I got EAD in oct 2007 and has a valid EAD up to aug 2010.technically I am on EAD since I entered the country on advance parole.Now my company is going to renew my H-1 B .In light of the bill that has been passed which doesnot allow forfresh H-1 B as well as H-1 B renewals,what happens to my EAD if my H-1 renewal petetion gets denied?Does denial of non immigrant petetion leads to denial of immigrant visa (i.e pending adjustment of status).What happens to my EAD.I am worried a lot.Pls advice?Should I request my company to stop the renewal process so that I can stay on EAD only.
Before asking n number of questions, it will be helpful for others(even to answer the questions) if you fill up your profile.
--Its doesnt mean that you are technically on EAD just for the reason of you entered on AP. You could choose to working on H1-B if you want to (by not sending your I-9)
--Is company B you mentioned a TARP company?
--Denial of non-imm petition does not automatically lead to denial of other immi petitions provided all else is good
Chill out and stop worrying. Talk to your attorney and make wise decision that is good for you.
This is just my opinion/understanding and others could correct me if I was wrong..
more...
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danu2007
07-17 05:15 PM
The DOS bulletin update under section D as if nothing has happened and they say "Visa Bulletin #108 (dated July 2) is hereby withdrawn."..in a very simple way...
Thanks again for all the IV support....Great news...
So what will happen to already filed applications?
They didn't say that they will accept application till August..May be it will come in another press release..
Thanks again for all the IV support....Great news...
So what will happen to already filed applications?
They didn't say that they will accept application till August..May be it will come in another press release..
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Blog Feeds
04-21 05:36 PM
Fox News (not generally known for sympathetic immigration coverage) reports on an Iraqi translator who has received multiple commendations for taking risks to save the lives of American soldiers. The translator has been denied a visa to live in the US, according to Fox, because of nonviolent actions he took to overthrow Saddam Hussein even though the US government was calling for regime change in Iraq at the time.
More... (http://blogs.ilw.com/gregsiskind/2009/04/heroic-translator-denied-visa-to-come-to-the-us.html)
Hi Everybody
My H1 extension was denied after an RFE. They have given the reason that documents submitted by my company do not confirm that my occupation is a specialty occupation and that they had enough work for me for the next 3 years. They have given me 30 days to file an appeal
My company said there are 2 options
1) file an appeal. they are pretty confident that the appeal will be in my favor
2) have another company file a new h1.
what do you guys suggest? Can i do both simultaneously?
Help will be greatly appreciated. I have never had visa issues till now.
thanks in advance
Hi Everybody
My H1 extension was denied after an RFE. They have given the reason that documents submitted by my company do not confirm that my occupation is a specialty occupation and that they had enough work for me for the next 3 years. They have given me 30 days to file an appeal
My company said there are 2 options
1) file an appeal. they are pretty confident that the appeal will be in my favor
2) have another company file a new h1.
what do you guys suggest? Can i do both simultaneously?
Help will be greatly appreciated. I have never had visa issues till now.
i did file this in the h1 thread. hoping some attorney might shed some light on this for me
thanks in advance
More... (http://blogs.ilw.com/gregsiskind/2009/04/heroic-translator-denied-visa-to-come-to-the-us.html)
Hi Everybody
My H1 extension was denied after an RFE. They have given the reason that documents submitted by my company do not confirm that my occupation is a specialty occupation and that they had enough work for me for the next 3 years. They have given me 30 days to file an appeal
My company said there are 2 options
1) file an appeal. they are pretty confident that the appeal will be in my favor
2) have another company file a new h1.
what do you guys suggest? Can i do both simultaneously?
Help will be greatly appreciated. I have never had visa issues till now.
thanks in advance
Hi Everybody
My H1 extension was denied after an RFE. They have given the reason that documents submitted by my company do not confirm that my occupation is a specialty occupation and that they had enough work for me for the next 3 years. They have given me 30 days to file an appeal
My company said there are 2 options
1) file an appeal. they are pretty confident that the appeal will be in my favor
2) have another company file a new h1.
what do you guys suggest? Can i do both simultaneously?
Help will be greatly appreciated. I have never had visa issues till now.
i did file this in the h1 thread. hoping some attorney might shed some light on this for me
thanks in advance
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STAmisha
07-27 10:10 AM
Thanks.
But here is my situtaion
My company filed 140 (say 1st I-140 ) and 485 in july 2007 (no receipt yet) on a substituted Labor.
Now my original labor is approved. Now I want to file 140 (and 485 if possible) on this labor. Let us call this I-140 as 2nd I-140
Oprion 1
Cancel the 1st 140 and 485 which is applied on LC substituion and File 2nd 140/485 on my own LC
Options 2
Apply 2nd 140 on my original labor and cancel 1st 140 which was filed on my substituted Labor and keep the existing 485
option 3
keep 1st 140/485 which was applied earlier.
Apply 2nd 140 on original LC before Aug 17 and if I run into problems (RFE) with the 1st 140 (based on substituted LC), change the underlying 485 to 2nd 140
option 4
keep 1st 140/485 which was applied earlier.
Apply 2nd 140 on original LC after Aug 17 and if I run into problem with the 1st 140, change the underlying 485 to 2nd 140 even if PD is not current.
Please advice whether all these options are Do'able and which is better
But here is my situtaion
My company filed 140 (say 1st I-140 ) and 485 in july 2007 (no receipt yet) on a substituted Labor.
Now my original labor is approved. Now I want to file 140 (and 485 if possible) on this labor. Let us call this I-140 as 2nd I-140
Oprion 1
Cancel the 1st 140 and 485 which is applied on LC substituion and File 2nd 140/485 on my own LC
Options 2
Apply 2nd 140 on my original labor and cancel 1st 140 which was filed on my substituted Labor and keep the existing 485
option 3
keep 1st 140/485 which was applied earlier.
Apply 2nd 140 on original LC before Aug 17 and if I run into problems (RFE) with the 1st 140 (based on substituted LC), change the underlying 485 to 2nd 140
option 4
keep 1st 140/485 which was applied earlier.
Apply 2nd 140 on original LC after Aug 17 and if I run into problem with the 1st 140, change the underlying 485 to 2nd 140 even if PD is not current.
Please advice whether all these options are Do'able and which is better
ebizash
04-05 01:52 PM
Did any one of you, who refinanced, owe more than the home's worth? For example, house is worth 200K but the current mortgage balance is $230K or something. I heard that the new Obama initiative will help these people refinance with FHA. Anyone knows if that is true?
saps
01-09 12:18 PM
Thanks for everyone's help. I would give you a green but I don't know how to...If you could tell me ..
