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MDix
01-26 04:35 PM
Voted.


Thank's
MDix
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GCDo
04-25 01:45 AM
I never heard of this...what crap it is.?:eek:

Checked with my company lawyer. According to them it is a separate document from marriage certificate.
I applied for GC only after getting married , so right from the beginning my passport etc has my wifes name in it. What caused this RFE still baffles me.
I am not sure how will I get this document sitting in USA within 2 weeks.

Is there any other alternative ? Has any one faced with this kind of RFE and has given
some substitute for "Memorandum of marriage"
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martinvisalaw
08-07 04:08 PM
I have asked the client to remote work from India and they said I could for six months and re-evaluate at that point. I can get a three year extension based on my I-140 approval with my consulting company (no 485, dates not current) if my client applies for a H1. I am not sure if I should or apply for a different visa.

Can I ask the company extending me an offer to apply for H1 and then work from India for six months?
(or) Can I just leave, work for them in India, and visit them periodically on B1?


There is no need for you to have H-1B status if you are working in India. If you are not working in the US, you are not in any status and don't need any. You could return to the US in visitor status provided that you were not working here in the US. If you can explain to the consulate that you really intend just a short visit, even though you have permanent residence filed, you should get the B visa.

I'm assuming that you are from India and therefore don't need any visa to work in India.
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trsspk
01-08 04:32 PM
My view is little different, my friend(32 age) who is a business man (an engineer and MBA)..went with his wife and two kids to b2 stamping, got multiple entry visa for 10 yrs. His preparation is very simple, he showed his business commitments and need of his presence to the businesses he is handling and second..he could convince the consulate that he is visiting to US for the sake of kids enjoy desney...he previously visited s'pore and klm...
if your folks are doing a honest visit..i would suggest them not to show any siblings in US and they show their ability to fund their trip and a convincing reason..(like second honeymoon...or any business conference)...and i remind you there is no set pattern that a few will get and a few won't get...its all up to how you present your case....goodluck
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Immigstories
01-15 09:18 AM
Gurus...please help me!!

Is it safe to travel with a new approved I797/I94 and use the unexpired H1B visa stamp associated with an old employer to re-enter the country?
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hate_me
03-18 12:05 PM
Cool, so thats it, its best to wait for an rfe and respond when you recieve it, if at all

actually that was my attorney's advice too. so u might just be pranoid about ur attorney hate_me :)
i am now of the opinion of doing the remaining parts and holding on to them to be ready whenever they send the RFEs.. no point trying to save some money and risk wasting a window of action when temporarily becoming current.
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LondonTown
05-23 12:21 PM
Only one application is needed.

I was in the same situation several years ago and I personally filed ONLY ONE I-129 requesting 'recapture the time' and 'extension of stay' for 7th year.

Your LCA's and I-129s end date should be the date after one year plus days to recapture.

Since USCIS has returned your one year application, you may want to check the end date of the application that USCIS has kept for processing. If the end date is not greater or equal to at least 1 year then there is an issue.


Mr Aggarwal, you might remember you gave me suggestion of going out of US for few days and then my employer can apply 2 I-129 applications simultanously.
Here was my case : I am on H-1B status since May 2005 and my 6 years expired on 12th May 2011. My employer applied for LC on 15th May 2010 which is still pending ( under audit ). In order for us to seek 7th year extension, I went out of US for 4 days and came back bcz I have to be in status on the day my labor was going to be 365 days pending. My employer filed two I-129 applications, ( both applications under normal processing) one for seeing 4 days to recoup, and 2nd application for 7th year extension But USCIS sent 2nd application back alongwith fee and gave us only 1 file number. Why is that?
Is it because they can accept only 1 application at a time( for 4 days extension) and wont entertain 2nd application unless 1st has been decided?
Or .. Are they going to do processing for whole 1 year and 4 months in same application and returned the extra fee of 2nd application?
I am confused now, because what if they are processing only 1st application and give me just 4 day extension after 2 months. Also, shall my employer be able to file 2nd application after 2 months when I am out of status ?
Please help .
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garybanz
10-23 06:17 PM
I'll be in a conference in SFO and can't make it to diwali mela myself, but I'll like to sponsor an Immigration Voice TX t-shirt to who ever donates maximum time to the IV booth*.

I'll let Needhelp decide who the winner is.

* Restrictions apply, core team not eligible
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enqueued
06-21 06:00 PM
Ask her to talk to her attorney. That is the right thing to do.
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I_need_GC
07-24 10:51 AM
Recommend brining wide on H4 considering you have H1B once she is here you apply for her 485 along with yours.

1- Yes
2- Yes (but the job duties have to be relatively the same)
3- tricky, if your employer revokes your i-140 before you file a change then you lose the date. its tricky waters

Hi All-

I have a tricky scenario here, I need some input/guidance.

I came to USA during Dec 2003 through a California based Indian Consulting firm. I worked for him for 2 years. In between, he
applied the petition for my labor in April 2005 on eB2 Category and my responsibility was to pay for the GREEN CARD expenses.
During Oct 2005, I joined an American company as permanent employee. Even after that, due to the good terms with my previous employer he agreed to apply for my I-140 during 2007 June and I took care of the financial aspect of it. The known understanding was that I will join his company in near future, apply the I-485 and get the GC.

Two months back my I-140 got approved and I was waiting for the priority date to be current. Last week, I came back from my India trip. I got engaged during my trip and my marriage has been fixed in Nov'08. Today when I checked the UCSIS site, the priority date for the eB2 category is current.

My questions are:

1) At this point of time, I do not want to join my old employer.Working with the current American company, can I still proceed and apply for the I-485 through my previous employer ??.

2) If not, Can I use the earlier priority date(April 2005) by applying for a fresh GC(perm labor/ I-140) from my current employer?

3) To use the earlier priority date(April 2005), do I need to take approval letter from my previous employer ? Is there any chance that the old priority date can be revoked by the employer ??

If any of you guys have had/come across the same kind of scenario, please do let me know what would be the best way to proceed.

I really appreciate your response in this regard.

Thanks!!
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eb3retro
04-13 10:39 AM
Hi,

First let me thank you all for providing and maintaining such a forum where one can get all the answers related with immigration. This is truly amazing.

I am a july 2007 filer. My priority date in October 2006. My I 140 was approved in January 2007. I was laid off by my original GC sponsoring company in April 2009. Fortunately, I was able to get a new job under same responsibility description, before my last day with the GC sponsoring employer. I had invoked my AC21 on April 10,2009 and had switched job.

I have a AP, valid through January 2011 and a EAD valid through August 2010.
Mu H1B and I 94 has been expired alost an year now. I am working and staying in the country with EAD now with an AOS status.

I need to travel to India to address some urgent family now. Do you think my travel on AP (especially after invoking Ac21) in risky. I will be travelling through JFK. Has anyone travelled through JFK on AP after invoking AC21?

Any information will be highly appreciated.
Folowinga are the documents, that I would be carrying:

a) I 140 approval notice.
b) I 485 receipt notice.
c) valid EAD
d) valid AP
e) AC21 protability letter from my immegration layer.
f) I 140 support letter from my new employer.
g) Offer letter from my new employer.
h) termination letter from my earlier employer.
i) Address proof
j)W2

Can anyone let me know their expirence if faced similar situation please.

do not worry..its going to be perfectly alright. i travelled thru jfk using my AP after using ac21 twice. infact i only gave my passport, along with new i94 filled up , with a copy of the AP at the port of entry to the officer. no questions asked. just remain calm and answer any questions asked politely. AP is for this exact purpose which helps you to exit and enter country during this excruciating time of 485 approval waiting. so, you are good to go as long as you have a valid AP, infact I travelled once using AP, when I didnt have a job here. all it matters when you reenter is if you have a valid AP/VISA to enter the country.

On a different note, please update your profile. people value that a lot here..
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number30
02-23 08:50 PM
Employement history is on G-325. It is only for last 5 years. If it was before 5 years there is good chance that you need not answer that question. I-485 does not require your Tax returns. You can do that with your W2 forms.

What was length of the work?
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redcard
08-17 03:08 PM
Sounds like someone at SSN office who may not know much about immigration.
If your I 797 came with attached I94, then you certainly can apply for SSN card. Just ask for supervisor at the SS office and talk to them.

If your I 797 does not have attached I 94 (meaning that you are still in H4 status), then I do not know for sure what the procedure would be to apply for SS card.

Good Luck.

Thanks redcard,
Now , am in the second category..Have an H1 but my i94 is on H4 stamping ..I hold an Indian passport , do you know if i should get the H1 stamping (first time stamping) in India or can i conveniently get it done in Canada?


If your H1 approval notice did not come with the I-94 printed on it, then Canada is definitely an option to get it stamped, however its always better to get the first time stamping done in your home country.

You could also get your status changed while in US, but that would take additional fees and time. Speak to your H1-b sponsor about it.

btw, I would still check the approval notice to make sure that notice does not have an I-94 printed on the bottom of it. The I-94 printed at the bottom of the notice will have the same I-94 number as the one you have stapled to your passport, but will now have your status as H1 instead of H4.
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kennyc
May 24th, 2005, 07:50 PM
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howzatt
07-25 09:17 AM
Anybody please help ....

Check the home page. If you cannot find the details there, I would suggest that you find a lawyer or somebody who can search for you!
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simple1
09-25 04:42 PM
may not be eligible for 245(k)

MurthyDotCom : Eligibility under Sections 245(i) & 245(k) for AOS (http://www.murthy.com/adjsta.html)


Persons with a petition or LC filed after January 14, 1998, up to April 30, 2001 must also document that they were "physically present" in the U.S. as of December 21, 2000.


not sure if follow 2 join is applicable here.
http://georgetown.usembassy.gov/root/pdfs/consular-pdfs/follow-to-join-master-march-2008.pdf

check with attorney immediatly.

She is not out of status but you need to move fast (first 180 days) and talk to some good lawyer.
In 2007 I had a long consultation with a lawyer and told about INS act 245(k)
Google it.

Furthermore. One of my co-worker was approved while his wife's case was not filled in 2007. they used 245(k) and there was no issue.
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chandra_mb
03-11 08:48 AM
You can get SSN is you could provide a proof that it is required for taking an exam or license. You need to show that the process requires and also get a letter from the license issuer that it required to issue a license.
Thanks vparam ! We will give this a try. Hope they give us an SSN.
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good idea
03-13 12:43 PM
FBI Arrests DC Official (http://blogs.abcnews.com/politicalpunch/2009/03/fbi-arrests-dc.html)
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pappu
12-19 03:12 PM
Would one you take the initiative and pm all others and set up a confrence call. in the confrence call you can discuss action items and implementation.
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greencardvow
08-03 06:59 PM
H1B and 485 are two different processes. H1B extension has nothing to do with your 485 filing. If the priority dates are not current at the time of filing H1B extension and 140 is approved you are eligible for 3 year extension...
Fire your company lawyer for incorrect information.
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yabadaba
06-24 12:41 PM
the free ead/ap is based on the $1010 fee for 485..so if u file ur 485 now.. u r pretty much in the non free group
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