newhandle
03-05 08:17 PM
If it is through your Spouse then do not have to worry? What was period of this of this work? If it is only this year some CPA can do magic
As I mentioned earlier, my case is family-based. I'm in F1 visa status so the 245 provision doesn't apply to me. The period of work is hard to calculate. Since I never actively participated in my own business, I don't recall ever working for more than a few hours each month.
I suppose the question boils down to this: Should I, or shouldn't I disclose my self employment to CIS?
As I mentioned earlier, my case is family-based. I'm in F1 visa status so the 245 provision doesn't apply to me. The period of work is hard to calculate. Since I never actively participated in my own business, I don't recall ever working for more than a few hours each month.
I suppose the question boils down to this: Should I, or shouldn't I disclose my self employment to CIS?
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javadeveloper
07-27 04:03 PM
Any Idea , which section of 9089 Form we need to look for the position/designation/title our company applied for? Is it F.3 or H.3? here is the 9089 form http://www.foreignlaborcert.doleta.gov/pdf/9089form.pdf
sertasheep
04-03 06:01 PM
Latest issued I-94 card is always in force. Lets say that you went out of the country on whatever visa, and then you entered back. You'll get a I-94 at that time. (Lets call this "X")
While you were away, its likely that you may have gotten your H1 approval. There are 2 possibilities here. You may get an I-94 stub with your H1 . Lets call this Y1.
The other possibility is Y2- wherein you get the H1 approval, but there's no accompanying I-94.
The important point here is when the H1 would be approved. Lets examine the situations under which you need to get a new I-94 by leaving the US and coming back:
Situation 1) X happens, then you enter the US. Then say Y1 has happened while you were away. I-94 from Y1 is no longer valid. You will need a new I-94. Solution: Go out of the US, get stamp, come in with new I-94.
Situation 2) X happens, then you enter the US. Then say Y2 has happened while you were away, or even after you enter the US. I-94 from Y2 is no longer valid. You will need a new I-94. Solution: Go out of the US, get stamp, come in with new I-94.
The only situation wherein you don't need to go out of the country is:
X happens, then you enter the US. After you enter the US, you get your H1 approval with a new I-94 attached.
Confused? I'm on the west coast. you can call me at <EDIT: Removed tel. number> if you aren't clear. Remember, I'm not a immigration lawyer.
To keep it simple: avoid going out of the country until you get your H1 approval.
Someone else asked for lawyer's names. Admin, I'm not sure if it is against policy, but I will mention a name here..you may edit if this is against policy.
See the following link:
http://tinyurl.com/h8doe
While you were away, its likely that you may have gotten your H1 approval. There are 2 possibilities here. You may get an I-94 stub with your H1 . Lets call this Y1.
The other possibility is Y2- wherein you get the H1 approval, but there's no accompanying I-94.
The important point here is when the H1 would be approved. Lets examine the situations under which you need to get a new I-94 by leaving the US and coming back:
Situation 1) X happens, then you enter the US. Then say Y1 has happened while you were away. I-94 from Y1 is no longer valid. You will need a new I-94. Solution: Go out of the US, get stamp, come in with new I-94.
Situation 2) X happens, then you enter the US. Then say Y2 has happened while you were away, or even after you enter the US. I-94 from Y2 is no longer valid. You will need a new I-94. Solution: Go out of the US, get stamp, come in with new I-94.
The only situation wherein you don't need to go out of the country is:
X happens, then you enter the US. After you enter the US, you get your H1 approval with a new I-94 attached.
Confused? I'm on the west coast. you can call me at <EDIT: Removed tel. number> if you aren't clear. Remember, I'm not a immigration lawyer.
To keep it simple: avoid going out of the country until you get your H1 approval.
Someone else asked for lawyer's names. Admin, I'm not sure if it is against policy, but I will mention a name here..you may edit if this is against policy.
See the following link:
http://tinyurl.com/h8doe
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xyz2005
08-06 04:53 PM
Friends, I Received the magic email today!
Yes - I cant believe my eyes, my I-485 has been approved today and card production ordered.
I do have a question: I could not file for my wife's i-485 in July/2007. So, we filed for my wife's application on Aug/01/2008 (Did a overnight express mail on July-31st) as my PD is current as of Aug-1st. So far her application check has not been deposited.
What will happen now? Is she out of status? I am getting really concerned. Gurus help me out?
Thanks in advance.
A green dot guaranteed for the response :)
Some details:
I-485 Receipt Date: July/2/2007
I-140 Approval Date: July/3/2006
PD: 02/02/2006
Heartiest congrats
Your wife is not out of status...you have applied and her official status is 485 applied and status pending. Keep her FedEx receipt handy till you get her official receipt. Dont worry its just 6 days past when you sent her application and there is a huge rush. You will get it soon and check would be encashed soon as well. My experience it takes time to get cash encashment particularly when there is a huge rush.
Take care and accept our heartiest congrats once again.
Best Regards,
Yes - I cant believe my eyes, my I-485 has been approved today and card production ordered.
I do have a question: I could not file for my wife's i-485 in July/2007. So, we filed for my wife's application on Aug/01/2008 (Did a overnight express mail on July-31st) as my PD is current as of Aug-1st. So far her application check has not been deposited.
What will happen now? Is she out of status? I am getting really concerned. Gurus help me out?
Thanks in advance.
A green dot guaranteed for the response :)
Some details:
I-485 Receipt Date: July/2/2007
I-140 Approval Date: July/3/2006
PD: 02/02/2006
Heartiest congrats
Your wife is not out of status...you have applied and her official status is 485 applied and status pending. Keep her FedEx receipt handy till you get her official receipt. Dont worry its just 6 days past when you sent her application and there is a huge rush. You will get it soon and check would be encashed soon as well. My experience it takes time to get cash encashment particularly when there is a huge rush.
Take care and accept our heartiest congrats once again.
Best Regards,
more...
kanakabyraju
07-21 04:08 PM
I did receive the RFE today and what I have guessed in correct. USCIS is asking to submit the remaining medical work. My lawyer gave me 2 options. Once is to bring my wife here and complete the tests and second is to request to postpone the dates. He said that I can not garuntee 100% chances that your application would be considered if the dates become current. I am going to bring my wife for a week time since I have only 25 days left to respond.
As it is mentioned in the RFE, I have to reply with the sealed envlope and copy of letter and the yellow paper attached. I did not receive any yellow paper along with the mail. Did any one received like this ?
My attorny also received the mail but not sure about the yellow paper at this point of time since they have to get the documents from other location. Any light in this regard is much appreciated.
thanks
Kanaka
As it is mentioned in the RFE, I have to reply with the sealed envlope and copy of letter and the yellow paper attached. I did not receive any yellow paper along with the mail. Did any one received like this ?
My attorny also received the mail but not sure about the yellow paper at this point of time since they have to get the documents from other location. Any light in this regard is much appreciated.
thanks
Kanaka
pappu
12-23 12:37 AM
REMINIDNG EVERYONE ABOUT THE MEETING THIS SUNDAY IN STAMFORD MALL..... PLEASE PM ME FOR THE CONTACT PHONE NUMBER ......
Thanks Anurakt.
Im bumping up your thread and hoping for many members to show up in your Tri-state chapter meeting.
Thanks Anurakt.
Im bumping up your thread and hoping for many members to show up in your Tri-state chapter meeting.
more...
slowwin
03-02 10:45 AM
bump
2010 common fish tank plants. as
EB2_Jun03_dude
11-29 03:53 PM
Hello Gurus,
I got an RFE email yesterday for "additional evidence and/or information" for my pending I-485 (filed Jan 05 for Jun03PD, approved I-140). Hope to get the RFE letter by next week. I am hoping that the RFE is for the usual EVL/pay-stubs/tax-returns/ question.
Meanwhile I have travel plans starting Dec 13th. So want to get the answers/requested documents to the attorney before I leave. Since my status is still AOS(pending I-485) and I have a valid AP, I am assuming there should be a problem at the POE ? what you guys think?
thanks.
I got an RFE email yesterday for "additional evidence and/or information" for my pending I-485 (filed Jan 05 for Jun03PD, approved I-140). Hope to get the RFE letter by next week. I am hoping that the RFE is for the usual EVL/pay-stubs/tax-returns/ question.
Meanwhile I have travel plans starting Dec 13th. So want to get the answers/requested documents to the attorney before I leave. Since my status is still AOS(pending I-485) and I have a valid AP, I am assuming there should be a problem at the POE ? what you guys think?
thanks.
more...
MAC
March 28th, 2004, 04:05 PM
Goin ok Indy-bud! Travelin lots! Did a shoot! Looks like your site is doin really well now! Nice goin!
MAC
MAC
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lalithkx
04-22 04:02 PM
Worried that my dates will become current and no I140 approval in sight
EB2
PD 04-27-2004
RD at NSC 07-24-2007
ND at TSC 09-14-2008
I-140 Status pending
EB2
PD 04-27-2004
RD at NSC 07-24-2007
ND at TSC 09-14-2008
I-140 Status pending
more...
mgakhar
03-06 10:21 AM
Well I managed to reschedule my travel so now will be able to get my FP done.
Other than AP, EAD, Passport, I-797 and ofcourse the FP notice, is any other document that I need to take?
Manish.
Other than AP, EAD, Passport, I-797 and ofcourse the FP notice, is any other document that I need to take?
Manish.
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Berkeleybee
03-07 11:30 AM
Dspg,
That post was not about my or IV's "worrying" about the doom and gloom crew - it was to ask them to cut the wailing and get up off their butts and do something.
I sincerely hope you are.
best,
Berkeleybee
That post was not about my or IV's "worrying" about the doom and gloom crew - it was to ask them to cut the wailing and get up off their butts and do something.
I sincerely hope you are.
best,
Berkeleybee
more...
house oscar fish
Munna Bhai
01-08 03:38 PM
They are in mid-30s and if they apply for residency they will finish at age 35yrs and then post-residency is another couple of years. Does mid 30s age in their favour?
Would like to get more insight on this issue.
Thanks.
Would like to get more insight on this issue.
Thanks.
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WeShallOvercome
07-26 12:55 PM
There's a user named 'whermygc' on page 10 of .
more...
pictures looks like common aquarium
factoryman
06-18 05:54 PM
Remember, everthing copy. Nothing Original. don't send your original I-94, but a copy.
Hi, Guys,
My attorney just emailed me a list of items he needs from me for filing 485. The list is surprisingly short. Is this package really sufficient?
******requested for 485 filing*************
For your wife:
1. Marriage certificate, w/English translation
2. Birth certificate w/ English translation
3. Biographical information page, and date of issuance/expiration page, from current passport
4. Copy of her current visa
5. Copies of other US visas you have had
6. Current I-94 card
7. Passport entry stamp from last entry into the United States
8. Six (6) passport photos
For you:
1. Birth certificate, w/ English translation
2. Six (6) passport photos
3. Last two (2) paycheck stubs
**********************************************
*medical exam forms also asked separately.
My condition: filing with current employer. I-140 was recently approved.
Thanks alot.
:cool:
Hi, Guys,
My attorney just emailed me a list of items he needs from me for filing 485. The list is surprisingly short. Is this package really sufficient?
******requested for 485 filing*************
For your wife:
1. Marriage certificate, w/English translation
2. Birth certificate w/ English translation
3. Biographical information page, and date of issuance/expiration page, from current passport
4. Copy of her current visa
5. Copies of other US visas you have had
6. Current I-94 card
7. Passport entry stamp from last entry into the United States
8. Six (6) passport photos
For you:
1. Birth certificate, w/ English translation
2. Six (6) passport photos
3. Last two (2) paycheck stubs
**********************************************
*medical exam forms also asked separately.
My condition: filing with current employer. I-140 was recently approved.
Thanks alot.
:cool:
dresses fish tank plants
rameshvaid
03-30 07:30 PM
I came to Montreal to have my H1 stamping done and am stuck here since 3/18. They told me they want to search the company and will call me back with in 10 days but no response yet.
Pls. ensure you have all valid documents before you get here but you can not go back with expired visa.
Do you have AP? If yes bring with you. I did't have mine so I am stuck.
I had got my H1 in Toronto also in 2005 without any problem this time I am stuck.
Are you a landed immigrant of Canada? I am but till having this problem.
Can I come back to US without H1 being stamped on my passport? What other options do I have.
Any suggestions.
Ramesh
Pls. ensure you have all valid documents before you get here but you can not go back with expired visa.
Do you have AP? If yes bring with you. I did't have mine so I am stuck.
I had got my H1 in Toronto also in 2005 without any problem this time I am stuck.
Are you a landed immigrant of Canada? I am but till having this problem.
Can I come back to US without H1 being stamped on my passport? What other options do I have.
Any suggestions.
Ramesh
more...
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BB_1976
06-17 09:20 AM
My H1B expires in Oct 2006, I applied extension for my 7th year and got approval till Oct 2007, based on pending labor with company A. I am planning to change employer soon. They are planning to file my Labour before end of 6th year. Still I am confused. My 7th year starts from Jan 2007, will this H1B be valid even if company A is withdrawing my application or even if the company closes?
I saw in the earlier posting that 8th year extension is valid even if the employer withdraws the pending LC
I heard for someone else that my 7th year H1B becomes invalid when the company A withdraws or closes.
Please advice. I really appreciate your help.
thanks:)
I saw in the earlier posting that 8th year extension is valid even if the employer withdraws the pending LC
I heard for someone else that my 7th year H1B becomes invalid when the company A withdraws or closes.
Please advice. I really appreciate your help.
thanks:)
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Dhundhun
07-09 10:08 PM
I guess Priority mail would have been a better option - The real question is do they go and pickup from the PO
That's true. Priority Mail + Delivery Confirmation.
That's true. Priority Mail + Delivery Confirmation.
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anilsal
11-06 11:14 AM
There is an issue. You have to make a trip to the local police station every six months to register your child. If you're lucky, the officials will be polite and helpful and do this without fuss. But knowing India very well, they're more likely to create a fuss till you've bribed them. Also, now they know where your child lives and the fact that he/she is a US citizen. Who knows, what kind of people they will pass on this information to...
Conspiracy theories aside, the whole procedure reeks of the way sex offenders have to register with the police in the US - I just don't like it.
So this Police station registration is if the child starts to live in India or when the child visits India? Where is this rule documented?
If such rules exist, then there should be a formal complaint with the nearest Consulate General. They are reasonable people.
Conspiracy theories aside, the whole procedure reeks of the way sex offenders have to register with the police in the US - I just don't like it.
So this Police station registration is if the child starts to live in India or when the child visits India? Where is this rule documented?
If such rules exist, then there should be a formal complaint with the nearest Consulate General. They are reasonable people.
sunny1000
10-14 12:51 AM
My girlfriend is an Australian citizen and I am an Indian citizen.
Her uncle and cousins immigrated to the US years ago and she seems to have a Family-Based Immigrant VISA under category F4.
Her parents have greencards too.
She believes her greencard was filed for her by her uncle after he got his US Citizenship.
1. Can this be the case? ( Can an uncle file a green card for a niece? Or was it filed by the cousins? )
Does she or does she not have a green card in her hand?
We were recently browsing the USCIS site and it seems she still has to maintain continious residence in the US for 3 more years to be eligible for naturalization.
This is after she receives the greencard...not merely by staying in the U.S on a non-immigrant visa. What is her legal status now?
2. Is it mandatory for green card holders to have 5 years in the US to be eligible for naturalization regardless from the country they are from?
Yes.
I mean, a lot of immigrants come from India, China etc, but applications from Australia are a lot less.
Will she, being an Australian citizen, have to wait for 5 years just like immigrants from India, China etc have to? Or can she wait in the US for less time?
All immgrants except ones in the U.S military will have to wait 5 years to become citizen AFTER obtaining the greencard (I think the spouse of an U.S citizen may get it in 3 years). There is a seperate wait time for greencard based on country of nationality. So, again, does she have a green card already or is she staying on non-immigrant visa?
3. We would love to get married soon. I don't have any immigrant or dual intent VISAs for the US nor am I very much interested in going to the US either.
However, her uncle has told her that her greencard would be revoked if she got married to me before getting her US Citizenship.
Not true.
Is this just empty an threat from her uncle or are there really restrictions on how person with a greencard can get married or not?
Spouses of green card holders who are aliens have a typical 5 year wait (especially if you are from India) to get a green card
4. Are not all greencards created equal?
Most green cards are but, the road to getting them is not equal. Also, some of the green cards have a restriction of 2 years initially (also known as conditional green cards) when you are married to a U.S citizen for example.
5. Is there any way by which we can verify, by ourselves, what is the category and type of greencard she has?
If she has a green card, that is all there is to it (unless she obtained it via marriage which may have a conditional 2 year validity initially). It is an immigrant visa without restrictions. As long as no laws are broken while receiving it and thereafter, she can apply for your green card as a spouse.
Any special serial numbers/markings/etc?
I would love to have contacts of good immigration attorneys either in Hyderabad, India or San Francisco, US in case this case is complicated
Please post this in the lawyers section so that an immigration attorney can help if he/she is from SFO.
Read between the lines for answers.
Her uncle and cousins immigrated to the US years ago and she seems to have a Family-Based Immigrant VISA under category F4.
Her parents have greencards too.
She believes her greencard was filed for her by her uncle after he got his US Citizenship.
1. Can this be the case? ( Can an uncle file a green card for a niece? Or was it filed by the cousins? )
Does she or does she not have a green card in her hand?
We were recently browsing the USCIS site and it seems she still has to maintain continious residence in the US for 3 more years to be eligible for naturalization.
This is after she receives the greencard...not merely by staying in the U.S on a non-immigrant visa. What is her legal status now?
2. Is it mandatory for green card holders to have 5 years in the US to be eligible for naturalization regardless from the country they are from?
Yes.
I mean, a lot of immigrants come from India, China etc, but applications from Australia are a lot less.
Will she, being an Australian citizen, have to wait for 5 years just like immigrants from India, China etc have to? Or can she wait in the US for less time?
All immgrants except ones in the U.S military will have to wait 5 years to become citizen AFTER obtaining the greencard (I think the spouse of an U.S citizen may get it in 3 years). There is a seperate wait time for greencard based on country of nationality. So, again, does she have a green card already or is she staying on non-immigrant visa?
3. We would love to get married soon. I don't have any immigrant or dual intent VISAs for the US nor am I very much interested in going to the US either.
However, her uncle has told her that her greencard would be revoked if she got married to me before getting her US Citizenship.
Not true.
Is this just empty an threat from her uncle or are there really restrictions on how person with a greencard can get married or not?
Spouses of green card holders who are aliens have a typical 5 year wait (especially if you are from India) to get a green card
4. Are not all greencards created equal?
Most green cards are but, the road to getting them is not equal. Also, some of the green cards have a restriction of 2 years initially (also known as conditional green cards) when you are married to a U.S citizen for example.
5. Is there any way by which we can verify, by ourselves, what is the category and type of greencard she has?
If she has a green card, that is all there is to it (unless she obtained it via marriage which may have a conditional 2 year validity initially). It is an immigrant visa without restrictions. As long as no laws are broken while receiving it and thereafter, she can apply for your green card as a spouse.
Any special serial numbers/markings/etc?
I would love to have contacts of good immigration attorneys either in Hyderabad, India or San Francisco, US in case this case is complicated
Please post this in the lawyers section so that an immigration attorney can help if he/she is from SFO.
Read between the lines for answers.
WeShallOvercome
08-27 06:12 PM
Should I call CIS to see what they say??? Anyone??
It is possible that your 'Stop payment' was a little too late and USCIS might already have cashed the checks but your bank was late in posting it to your account.
IF you absolutely can not stop the 'stop payment', even then don't worry, Your second application is already in.
Calling USCIS doesn't hurt, it hardly is fruitful though.
It is possible that your 'Stop payment' was a little too late and USCIS might already have cashed the checks but your bank was late in posting it to your account.
IF you absolutely can not stop the 'stop payment', even then don't worry, Your second application is already in.
Calling USCIS doesn't hurt, it hardly is fruitful though.
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