Wednesday, June 8, 2011

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  • Junky
    09-22 03:20 PM
    Just gave you green
    44 Red dots for requesting people to call :mad:




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  • johnnymore
    03-18 03:59 PM
    I'm a US-born citizen and my dear friend (now my wife) came to US from Thailand on R1/R2 Multiple Entry Visitor Visa for pleasure and to travel around with me to see the US. Though not intending to, we ultimately married while she was here on her visitor visa. See chronology below. We need to file the right forms. Please help me as this is a daunting task. If I can get some questions answered, then it will clear the clouded skies!

    We both will be in the US during this process.

    Me > :confused:
    My Wife > :(

    Here is our current situation:

    1. I've been back and forth to Thailand for better part of three years for tsunami relief.

    2. Met my wife doing relief work.

    3. She applied for visitor visa at US Embassy in Bangkok March 2007.

    4. Came first time to US May 2007

    5. Married in California in July 2007 (had not intended to, but we fell in love!)

    6. Returned to Thailand Sept 2007

    7. Returned to US (together) Dec 2007 and are here now (March 2008)

    8. Have filled out forms:


    I-130 Petition for Alien Relative
    I-485 Permanent Res/Adjust Status
    I-325A Bio for each of us
    I-134 Affidavit of Support
    I-765 Employment Authorization Note: is eligibility req (c)(9) correct on line 16?


    I feel there are no unusual circumstances about us. We are just normal people and don't fall under any asylum, Cuban or otherwise situations. I need to know about filing what forms and which ones together. Also, which ones will require certain documentation and when should they be included. We will likely file the 130/485/325/765 concurrently. What else should we file and what do I not need to file that I've listed?

    Please get me going on this and then I can stop pulling my hair out.

    I discoverd this forum today and am so happy I've found it! :D




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  • GCJinx
    03-21 03:47 PM
    Thanks to all of you for your help




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  • shishya
    04-30 11:13 AM
    Hi,
    I am lost trying to find information on this.

    Here's the situation for adding my wife to my I-485 application (we are from India). We DO have her 100% correct birth certificate we got issued last month.

    However, since the issue date on it is April 2011, our lawyer insists that we need affidavits from her parents as well (perhaps to avoid RFEs). Further the lawyer insists that the Foreign Affairs Manual for India states that these be sworn in front of a first class magistrate of India.

    When her parents went to the local court and request the first class magistrate, the court officer is demanding that we have a sealed copy of the requesting authority (USCIS) that clearly states that a first class magistrate's signature is required!

    Questions:
    (i) Is the affidavit supposed to be sworn in front of first class magistrate? Even if we have a corrected birth certificate?? Or can it be signed by an 'Executive Magistrate' or maybe even just notarized??
    (ii) If yes, did someone else face a similar issue?
    (iii) If yes, is there a USCIS document I could send to satisfy their demand?

    I did try to find a USCIS document but all it states is that ... IF the birth certificate is unavailable ... then "sworn affidavits" need to accompany non-availability certificate from a competent local government authority.

    Please advise :(

    PS: FYI, they went to the Palghar court in Maharashtra, India.



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  • leo2606
    09-26 10:21 PM
    It may be a silly question, can some one tell me what is the difference between EB3-ROW and EB-3?




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  • coolpal
    07-23 12:45 PM
    C. UHRMACHER @ 8,26am on July 2

    But... how is this of any significance?

    pal :)



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  • finimits
    05-04 02:35 PM
    Hi kaarmaa

    Thanks for your response.
    I am guessing you had a 3 years extension after your 6 years and in your 7th year you transferred over just as a normal H1b would have done. Correct? So in this case, what is the significance of I-140 since your new emplyer will have to apply for PERM and LC again in any case?




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  • mirage
    03-14 10:22 AM
    I have met my rep. He took the letter etc but nothing happens after that. Starting a new campaign to the USCIS director doesn't dilute the issue, rather it makes our case stronger, this way we are telling them we are really really troubled...
    Please don't dilute the admin fix effort by starting another letter campaign.

    IV just finished a letter campaign in which one of the items were 3 yr EAD/AP. Why do we need another letter campaign? There is still lot of work going on related to the Admin fixes, please do work with your state chapters to setup meetings with lawmakers to seek their support for the Admin fix effort.



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  • hopeforgc
    06-21 04:58 PM
    I know a person who came to US on H4 in feb 2004 applied for H1 in the firt week of April 2005,
    her Employer who filed for H1 suggested that she would get her H1 from Jan 1st 2006 , so she can travel to India
    on that assurance she left for India on September 15 and came back on Dec 28th and
    on Jan 1st when she called employer they mailed her H1 copy and the date of Approval is Oct 1st.


    Does this mean H1 is Invalidated as per Last Actions Count Rule.

    She has been working on H1 since then (not regularly though)
    and did not file for H4 extension assuming her H1 is valid. H4 expired on Aril 2006

    Has any one gone through the same situation.

    Whats her Status as of now, If her husband is applying for 485 what do you guys suggest put on I94 what should her action from now on.


    One lawyer suggests she should apply for 485 and and if they raise query come with some answer at that time.

    another one says she should file for H4 and quit working.

    She is totally clueless please help.




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  • vin13
    03-09 12:30 PM
    I know that with H1-B, one is not supposed to run his/her own business. But how about with EAD?

    Yes, you can run a business on EAD.

    You can own a business on H1-B too. But you cannot work for it . You can invest and have someone manage the operation for you. you can take profits but not work as an employee.



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  • vempati
    09-13 08:53 AM
    Cngrats vempati:)..is your 140 approved from NSC or TSC?
    and at what time is your application signed by R. Mickels ?

    Received @ 9.01 AM, Mine approval from TSC..




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  • sendmailtojk
    02-29 05:23 PM
    Ok so herez the update. I went to the INS office and gave them all the details. and since I was supposed to travel out of the country in 3rd and 4th week of March, I requested the lady that if possible can you ask them to give me a date either before March 14th or after March 30th. She made a note of this and said that I should be expecting the FP notice soon.

    So I get the FP Notice yesterday with an appointment date of 20th March. Great ... now I cant even go for the appointment. I guess will have to reschedule it.

    I've read that its ok to reschedule the appointment just once but not more than once. Any advice on this would be really helpful.

    thanks again Leoindiano for your advice !!
    -----------------------
    You can reschedule it as many times as you need. There is no limit. However, going by my experience, rescheduling third time will have the USCIS put your request at the bottom of the pile and it takes for ever to get the 3rd appointment letter.

    Like in my case, go to a not-so-busy ASC (preferably in the non-urban area) and they will do your FP without a need to reschedule.

    Thanks

    JK



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  • rolrblade
    07-20 01:29 PM
    My attorney said e-notice is fine and applied.
    but in enotice it is written

    Please note that this e-mail message is being sent as a
    courtesy and cannot be used as evidence of nonimmigrant
    status. Nor can this message be used as evidence to procure
    an immigrant visa


    I am worried if my packages comes back after aug 17?

    read carefully to what Superdude wrote...... your answre is in there.

    To file I-485 you need a I-140 RECEIPT NOTICE. You dont need an approved I-140 to file 485. If you attached your I-140 receipt notice then you are fine.




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  • djmaddy
    01-30 04:11 PM
    Perlin Circles-awesome, i was gonna submit my perlin but didn't get to finish it



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  • billbuff123
    10-27 10:42 AM
    Thanks for the replies. I already consulted lawyer may be again I need to double check with other lawyers.

    Thanks




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  • waitingnwaiting
    09-30 03:10 PM
    mods - please delete

    Why? I disagree. Did you even read what was written.

    We Indians should know what Chinese are planning against our interests.



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  • webm
    05-12 10:00 AM
    Congrats!! you both..




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  • satyasaich
    03-16 12:45 PM
    expect an RFE in a month or two. Also fill in your profile to help others...


    Why he should expect an RFE in a Month or Two ?

    Any rational reason ?




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  • ingegarcia
    05-25 08:04 AM
    Fax Sent




    psam
    10-21 01:13 AM
    . if my pre taxed salary is $ 5000 per-month , if I submit expense statemet for $500. Then my employer will send a check of 500 and paystub i.e. direct deposit after applying tax on $4500.

    I am not sure whatever he is suggesting is good tyhing to do and it will not have any problem for me.

    I don't think you will get in trouble with IRS. Because your W2 will have less salary stated. However for H1-B purpose, you salary will drop from what was probably stated on your H1-B application. No one is going to notice this. But just don't do this, when your H1-B stamping or renewal is near, so that you will have full salary mentioned in your recent paystubs.

    --I am PC. Not an attorney or tax consultant :)




    milind70
    08-08 11:43 AM
    It was less than year. See answers below..

    I think there is a possiblity that they might not cross check you G325A with the consulate becuase DOS purges non immgrant applications whihc are one year old. Since there are so many applications filed by the time they go for this check your data may have been purged ( this is a very high possiblity ) as by the time this request is made it would december or so . As i heard that TSC will issue recipts by Oct End ,beofer cross checking g235A there are many checks and many other processes they need to follow. So this is a possiblity.



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