Saturday, June 11, 2011

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  • paskal
    06-24 09:24 PM
    In case of filing for a spouse (wife or husband) and dependent children, form I-764 clearly ask to provide evidence. Atleast most recent year Tax Returns are REQUIRED as per the form. My attorney updated me to present additional 2 years of federal tax returns (not the state) as well, which are optional. Remember these are REQUIRED alongwith W2s or 1099s.


    i think you mean I-864
    correct me if i'm wrong but we do not need to file this form, read the instructions on this link on who needs to file this form, an EB petitioner is not mentioned anywhere i can find:

    http://www.uscis.gov/files/form/I-864.pdf





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  • Sakthisagar
    05-19 11:20 AM
    Who has told you that he is on H1B. He could be on L1B also. Anyone can qualify under L1B.



    TO NID

    I think it's best to get an evaluation from wes.org and then go to the university to know how many credits you can get through this evaluation.

    TO SUVA

    No body told me it's common sense dude.. look at his profile EB3 India.. Jun 03 waiting for I-485, best person is NID who can answer. I dont expect a clarification from you SUVA. becaue you are also ignrant about whether he is L1 or H1B??? right





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  • cache22
    07-18 11:30 PM
    Hi,
    Get yourself a good lawyer. As far as I know Up to 180 days of out of status can be managed. As your case is in removal proceedings, it may further complicate your situation.
    Even if you get an Advance Parole, do not use it. Your reentry will have issue. You may send a private message.

    All the best !!!




    Thanks for great services..

    My situation is as under : " My case is in removal proceedings for violating H1b status for 3 months due to laid off situation, i am working on H1b now and my labor is approved and I-140 is pending, now my priority date is become current for I-485 filing", now who will adjudicate my case, INS or EOIR court, where will i file my I-485.

    will court close my removal proceedings based on PD current..

    i will really really apprecate your help.





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  • GC_ki_daud
    03-13 03:27 PM
    :confused:



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  • rvr_jcop
    02-17 10:57 PM
    I have H1 approval I-797 with me (received in last year quota) and H4 approval (which was applied before applying H1). Now I have a family emergency back home. I have to travel asap. My current H4 stamp in the passport is expired. So I have to go for stamping, either it be using H1 or using H4. Since I am unemployed at present I can't use H1 for stamping. If I come back on H4, what will happen to my H1 status? Will it be still valid to accept an employment or becomes void.

    Please share your thoughts...

    Thanks

    You are in H-1 status now as you applied for COS from H4 to H-1. So I am not sure if going for H4 stamping is still an option for you. I will let others weighin on this one.

    Do you have AP instead? You can always come back on AP, doing so will not invalidate your H-1





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  • immi_seeker
    10-03 11:19 AM
    I did call them... They didn't provide me the details of the Additional evidence and asked me to wait for the Notice.. Also they said they will be sending it to my address.. I was under the impression that they will be sending it to my lawyer.

    Did you fill in G28?



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  • Ann Ruben
    06-30 07:38 PM
    RFE means Request For Evidence. For an H-1 to be pending for more than 8 months without an RFE is a bit unusual.


    Could you provide a brief chronology of your work history with exact dates so that I can get a clearer idea of whether USCIS is likely to find that you were/are out of legal status?





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  • webm
    12-17 02:35 PM
    2001 - dot com bubble burst;
    2008 - finance bubble burst;
    .

    Well said..:D



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  • vjmjaan
    06-02 07:09 PM
    smarth,
    Can you please update your profile with information like your filing center e.g. TSC or NSC and the dates of filing and receipting.

    This will help others with the same dates.

    Thanks,





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  • hoolahoous
    07-15 02:52 AM
    Hmm.. maybe i did not make it clear.
    What I meant was, if you make 4 copies of your photo and use two of them in one application, then USCIS is not allowing you to use remaining two afterwards claiming that picture should be recent and 'unused'. They are asking of 'different' picture altogether.



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  • bbct
    02-18 10:51 AM
    I am not sure, if this is true. I knew couple of people got H1 approved and never start working. They remained only in status H4.

    So check with attorney.

    This is not true. We are a case study for this scenario. We were not able file to our I-485 because my wife was out-of-status by not working on H1B. Our attorney advised to go out of the country and come back on H4 so we can file our I-485. If you have received H1-B approval with I-94 attached to it, it means your COS was requested by the employer and your new status is H1B and not H4. Even if you have unexpired H4 visa stamp in your passport it becomes invalid. You will get a new visa when you go for stamping.





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  • Templarian
    08-20 12:27 PM
    So who's making the Ya' RLY smilie? I tried, but that one is really hard to make small.

    :orly: and :yarly: easier to remember.



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  • rockstart
    11-30 01:56 PM
    Here is what I can advise

    1) Get all the supporting documentation that you have for both cases. Example tickets/ citations, fine receipts, any other docs related to the case you can find. make sure you make photo copies of all documents
    2) Get a court dispositon documents for both cases to prove that the cases are closed and fine was paid
    3) Make sure you run all these documents past your immigration attorney to ensure nothing is missing. Also get in touch with your lawyers that handled the DUI & other case to see if they can help you with paperwork
    4) If you are not comfortable defending you case you can take an attorney with you. That is entirely optional thing.
    5) No one on this forum or immigration officer has any moral right to tell you what you did was good or bad. Its the job of courts and they have already made you pay fine. So as long as you can furnish all relevant papers that these cases are closed you are fine with your immigration process.





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  • pom
    05-11 05:01 PM
    Cybergold, you win :)



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  • chi_shark
    05-07 11:14 PM
    Hi Friends,

    Recently, my brother's wife got GC-rejection. Though, my brother has already received his GC. The reason is : her status was invalid for a month in US. She got different I-94 expiration date than him during her first visit in 1999, though they landed here together. But, her I-94 expired earlier than my brother and he extended her Visa based on his I-94 expiration date. My brother did not realize it until now.

    What are her option now? The attorney is applying for re-consideration based on husband & kids status (US born), but, they said chances of the acceptance are very slim. They are well settled here. Now, they need to go back to India just because of her GC-rejection. And of course she can not come back here again unless she applies for H1-B. This is very devastating for them after living here for more than 10 yrs.

    Has anyone faced similar situation earlier. I guess it is a very common mistake and there must be some solution. Please share your thoughts/experience.

    Thanks,
    hi_mkg

    what? no help from 245k? isnt that supposed to be your savior for out of status under 180 days?





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  • pd_recapturing
    07-18 04:49 PM
    --------------------------------------------------------------------------------

    Hi guys, I have a approved EB3 I-140 with PD of May 2004. I recently applied a new EB2 I-140 under the PP to port PD and got RFE. RFE has been replied by my lawyer on 07/06 and we are waiting for their decision any moment.Now, as I am going to apply my I-485, what will be my best bet? to go with approved EB3 I 140 or go with receipt notice of pending PP EB2 I-140? If I go with EB3 I140, can I amend my application at a later point of time with EB2 I 140? Please help.



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  • GCHope2011
    08-10 08:20 AM
    alright..I came back without any problem.

    Immigration at POE (Dulles airport) was breeze, first officer said, "oh..you have parole letter".
    he checked something in the system and asked me to go inside..

    Took baggage..went into customs...where they sent me into another room.

    CBP officer took the AP..felt bad that I have been waiting since 2007 for GC..in < 5 mins, stamped and said, good luck..you are done.

    Thats it.
    Welcome back and thanks for posting the conclusion of the thread.

    Hope all is well on home front.





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  • MartinR
    February 15th, 2005, 03:59 PM
    Thanks to everyone for such rapid and helpful replies. Dbevis asked what I was trying to achieve. I should have mentioned this; I'd come across the concept of hyperfocal distance and its calculation. I realised that I had no idea what the focal length of the zoom lens is at any setting (other than at the wide-angle (and telephoto) end of the zoom scale). Having said all that, by putting in some trial numbers into the hyperfocal distance equation - representing the focal lengths at the bottom end of the zoom range and at various logical aperture settings - it turns out that the furthest hyperfocal distance I'm likely to encounter is about 10 feet. Now, I must see if theory is borne out by practice. I have had the camera 4 years now and I never seem to stop learning something more about it.

    Many thanks for the ideas submitted; I will see what I can discern with a tape measure fixed to a wall.

    Many thanks.

    Martin





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  • pd_recapturing
    07-09 09:51 AM
    Please translate........
    The title is in Hindi and it means "Labor is on sale, do you want to buy it?" The hindi line is taken from a very famous hindi song of 80s that says "groom is on sale, do you want to buy it?"





    boreal
    08-24 07:30 PM
    Hello GreatGuy
    You can be a lil more cordious and polite :rolleyes:
    At least if you expect somebody to answer your question.

    Hey guys knock it off. Labor substitution is legally allowed
    till date. If this guy get a pre approved labor let him accept
    it and get ahead. Nobody blocks you to accept pre approved
    labor. I'm retrogressed with PD of 2003 on EB3 India. But for
    that reason I dont think I'm going to shout at somebody using
    a pre approved labor and get ahead of me.

    Now to answer you question Mr GREAT.
    DOL can replace if its not approved. Mainly they look at the
    education and experience.
    This situation can be a lil dicey. If I were you I would
    get the reference no or something of that labor cert and verify
    all the details. Secondly I would do a thorough research on this
    employer. It would have been a lil better if its already approved.


    On 2002 I got a pre approved labor offer. I got a copy of
    the labor from this employer and had it looked by an attorney.
    Atty said its a lil risky to accept it. So I did not take it.


    Good luck GREAT. I expect you to be a lil more polite on these
    forums.

    Ok now we know who is desperately looking for one such pre-approved LCs...All you blood-sucking desi consultancies...one more for you guys to earn money!!





    kaisersose
    02-20 11:17 AM
    Dear All..need expert guidance on my situation.

    1) Company A. Approved I-140 and LC for more than 6 months in 2006

    2) Took a Job with Company B. Concurrent filling of New I-140 , 485, EAD, AP (In July 2007), EAD and AP approved > 180 days. But still waiting for I-140..looks like it going to take some time.

    3) Want to change to company �C�in similar area. Can I use AC21? Given that I have approved I-140 from company A, 485 from company B and want to move to company C ?

    I assume answer is No but thought I will get some expert guidance.

    Thanks for your help

    I think the answer is Yes.

    You may be able to do this by replacing the underlying 140 of your 485 application with the older one. It should be possible. Talk to a lawyer.



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