Thursday, June 30, 2011

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  • amjun
    02-10 09:36 AM
    No need to pay taxes to India. I was grad student for 6 years and never paid a rupee to Indian tax authorities. Whoever got a letter from Indian IT for taxes on US income needs to see an Indian tax consultant.





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  • nobody
    05-09 04:18 PM
    :sigh:





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  • BECsufferer
    09-28 12:06 PM
    Can you walk in for un-scheduled apointment? ... Now days this might not be permissible, but I remember 5 yrs ago at Toronto consulate, after all scheduled applicants have been lines up timewise, un-scheduled applicants were asked to form line behind on first come first basis. Not sure if anyone got chance, as I was like most lined up ahead in scheduled lineup. But wonder if it is still permitted, how about taking chance?

    Please comment.





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  • bouncer
    11-08 12:35 AM
    Hi Kirupa,

    Thanks for your reply. I'm trying to solve this issue. I'll get back to you soon.



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  • AnalyzeThis
    05-26 12:01 AM
    Dear Experts/Lawyers,

    I wanted to ask a question about my status based on the situation described below:

    1. I entered the United States on F1 Visa in 2003.
    2. Applied for and got H1B approved, with the bottom right part attached. The visa was valid till November 2008.
    3. Applied for and got H1B extension approved, with the bottom right part attached. The visa is valid till November 2011.
    4. Never left the United States since I entered in 2003 on F1 Visa.
    5. My passport expires in the middle of 2010.

    Based on this, in order to ensure my legal stay in the United States, do I need to do anything, except renew my passport at some point of time before it expires, in terms of either having to leave the US, or go to some agency to update something? Please suggest. Thank you for your help.





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  • Hello_Hello
    11-08 11:11 AM
    Were you joking or you really meant what you wrote ?
    Do you think anyone will even mention (hopefully get solutions) the eb backlogs to the President when he is touring India? Do you think anything good might come out of it for us?



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  • winguru
    09-14 12:31 PM
    harrydr,

    It is not now. I cannot apply for I485 as PD is not current for me.
    I am asking when USCIS decides to introduce an extra step called Pre-App for I485 and for which PD need not be current.
    There was this news in early May that USCIS is planning to halt concurrent filing and introduce new Pre-App process. So I wanted to learn more about this from others...





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  • mchatrvd
    07-06 08:15 PM
    Hey Shyam
    Please PM rayoflight to join the chapter.

    Thanks,
    Manish



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  • minimalist
    11-12 10:05 AM
    The policies that are supposed to help recovery are being worked on and will take time to show results. Remember nobody felt the recession until 1 year after it actually started. While waiting for the policies to take effect or show results ,positive or negative, they can act on other things that are important.
    All other activities are not being carried out while ignoring the economy. They are trying to multi-task.
    Think of it this way. When dinnertime comes around, mom may be preparing dinner and watching TV at the same time.It doesn't mean she is ignoring the family needs.





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  • Jipjap74
    04-15 11:44 AM
    I am from Ireland and its for a Multi national manager or executive. My attorney told me that form her experience it takes 4-6 weeks after approval of the I-140 as the visa numbers are current. Bit apprehensive to give the company as I dont see a need for anyone to know this info???



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  • allen_1974
    01-11 03:31 AM
    To my knowledge H1B extension is just like a new H1B application ofcourse 6 years window will be couted here and you have spent just 3 years. To me you can file H1B extension with multiple companies. But its better to file it with original company to be on safe side, onece the extension approval come ytou can trasfer it whereever you want.

    Thanks





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  • dealsnet
    10-14 03:19 PM
    If your employer fully support you on your entry into USA after long stay in India, you are good.
    You may need to show documents, letter from employer, and also he will be ready to answer phone upon entry. (they may ask him whether a job is available for you).
    You can enter before your visa expiry.
    Talk with company lawyer.



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  • fromnaija
    12-15 02:00 PM
    Hi Gurus:

    Could you tell me do I need CGFNS visa screen for filling I-140 as registered nurse?

    My situation,

    I am having Bachelor Of Science in Nursing degree from US unviersity.
    I have state board nursing license (RN NcLex) from NJ.

    Do I still need CGFNS VIsa Screen?

    Thanks all

    I believe CGFNS is for foreign nationals who train outside the US. If you train here, I don't think you need it.





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  • Marphad
    01-06 02:04 PM
    Theres no legal Immigration question in that?

    I just requested one. Hope they approve!



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  • java4yogi
    03-28 07:38 PM
    Hi,

    I have been searching a lot for the H4-H1 cases and have come across the following responses from my lawyer.

    My wife has an H4 from my previous company expiring in July end 2007.

    I have a new approved H1 petition from my new employer approved till Aug 2008. The new employer did not apply for my wife's H4 transfer petition.

    I am now applying for my wife's H1 and I had queried from the lawyers if I need to do the following :

    a) Do we need to apply for my wife's H4 extension now to my current employer.
    RESPONSE FROM LAWYER : NO

    b) Do we need to apply for the extension for my wife's H4 visa, since it is ending last week of July 2007.
    RESPONSE FROM LAWYER : NO

    I am not sure if I am getting the correct responses from my company's lawyer.

    I think my wife is going to go out of status if my company does not apply for her H4 extension. Is that correct ?

    Also, if her H4 is only valid till July end 2007, will the INS issue her an H1 based on this ? Will my wife be forced to leave US from Aug onwards if her H1 petition is pending with the INS?

    I would be very thankful if you could respond to these statements from my lawyer and advise.

    Thanks a lot in advance.





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  • franklin
    07-16 01:35 AM
    Hey guys

    I just wanted to let you know that all the San Jose members are thrilled that other people have been inspired to hold their own rally.

    We are working on a document that details what gives advice on what we did and how we did it. As well as things we learned that we should have done!

    Hopefully we'll be able to post it in a few days time, but please bear with us, we need sleep, to catch up at work and make sure we cover all the details.



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  • keiryu
    10-08 01:57 PM
    have your friend look or ask for where the nearest USCIS office is with a deferred inspection office. they can fix it there.





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  • meraNumberKabAayega
    08-27 02:20 PM
    I have read on this forum and an immigration lawyer also confirmed to me that knowing the I40 receipt number itself is enough. She said that I can print out the case status of I140 approval from USCIS website and use it. Though I did not take the job offer for which I needed this information so I have not used it.

    FOIA should not take 8 months.. I applied for it at end of Jun and my number was around 3900 and it is now around 800 so I expect to get it in next 1 month so FOIA should give you copy of I140 in approximately 3-4 months.





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  • augustus
    06-29 05:32 PM
    Dear IV users,

    for the first time I/m doing self-filing could you please answer my naive questions?

    1. How could I know which service center to file? I have my current EAD with me with the card and attached paper work and it says it is from Nebraska Service Center - so is this the service center I need to re apply?

    2. Where can I find the mailing address for this service center?

    3. Should I send a copy of my passport and other immigration history documents for renewal?

    Please reply at your convenience.

    Thank you.





    Blog Feeds
    12-18 03:40 PM
    AILA Leadership Has Just Posted the Following:


    In an interview on David Letterman (http://www.youtube.com/watch?v=xpvNXPPOMr8), actor Robert Downey, Jr., talked about a problem he had last year in Japan, when upon entering he was detained and questioned about his past criminal record. Downey said: I probably should have seen there was a sign that said 'No Felons Allowed' in English and Japanese and I haven't had that expunged yet," he said. "You can actually get things expunged but I've been pretty busy. So I was detained, I was interrogated. It was a blast.


    Haven't you settled up? Haven't you paid your debts? Letterman asked.

    Clearly I haven't paid my debts to Japan, said Downey.


    While I certainly feel somewhat bad for Mr. Downey, this short exchange gave the impression that nothing similar would ever happen in America! Hah!


    U.S. Immigration Law contains restrictions that bar entry to people forever, for virtually any youthful indiscretion they have ever had, e.g. simple possession of a marijuana 20 years ago, without regard to whether or not you were actually convicted of the crime! You do not even need to have been convicted; the fact that you admit you did it will also get you barred from entry. Heck you will even be bounced (http://www.markshuttleworth.com/archives/43) from the United States after overstaying your visa for one day, leaving one day late, and then trying to come back in on that visa. Or, you will be detained and returned because the officer thinks you MIGHT be working (http://addxorrol.blogspot.com/2007/07/ive-been-denied-entry-to-us-essentially.html).




    So, if you were watching David Letterman and thanking your lucky stars that America is far nicer to arriving tourists than Japan--think again!
    https://blogger.googleusercontent.com/tracker/186823568153827945-8541560039624368703?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2009/12/robert-downey-jr-and-us-immigration.html)





    yetanotherimmigrant
    11-10 12:02 PM
    Yes, I realize a H1 transfer is needed to work in another company. And 140 is not approved. So the new company has to start GC all over. Too bad, it looks like priority date cannot be ported since it LC is still in process.



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  • qtoask
    06-15 09:58 AM
    These were the people who had already applied and were in retro stage before june 1.

    pl update...





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  • HV000
    11-09 08:38 PM
    I have 2 H1B Transfer questions for clarification.
    1. Can H1B Transfer be filed when H1B Extension is pending with the current employer?
    2. Do i need to have copy of I-140 approval notice for H1B Tranfer? The current employer does not share this document.

    I appreciate members response.





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  • wandmaker
    11-30 10:02 AM
    ElusiveCard: your application should reach USCIS on or before Nov 30th, and it should not reach before Nov 1st





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  • NH123
    07-24 03:46 PM
    Is it possible to start a business on H1-B.Will there be any issues when i will file my 485.Can i open a bank account in USA and start doing transactions on that account ?Thanks in advance



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  • jamesingham
    04-11 11:38 AM
    Hello,

    My wife is currently on H4 status. (Just the I-94, her visa expired last year October). She started her MS in Fall 2009. She already competed 2 Semesters of MS on H4 visa. We applied for her Change of Status to F1 visa in March. According to the USCIS processing dates, she will get the COS approved approximately in June 1st week.

    She will have to travel to India this summer. The question we have is,

    is it advisable to wait till she gets her F1 COS Approved and then go to India for F1 Stamping ?
    or abandon the F1 COS and go for F1 stamping directly in India ?

    Please advice if there are any risks involved here.





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  • dealsnet
    03-05 03:12 PM
    EAD is for work.
    AP is for travel. For enter into USA, only AP and passport is required.

    Dear Lawyer / Member,

    My wife lost her EAD while traveling (in India) outside of this country, she has Advance Parole document with her.
    Question is: Can she able to enter US without EAD?

    My Wife status:
    Current Status : AOS (H4 - expired) - Filed I-485
    Advance Parole: Valid till 11/11/2010
    EAD: Valid till 10/11/2010 (Lost):mad:


    Appreciate your response.

    Thanks
    chingainfogc



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  • Alfio
    06-29 02:34 AM
    Thank you , that is perfect!





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  • roseball
    07-16 10:38 AM
    Anyone has an appointment at OTTAWA on 25th July? I'm from NJ area, willing to join if anybody's driving...


    What appointment??



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  • handless
    04-16 03:21 PM
    Well glad you like it i do agree it is a bit gory but most the stuff i do is gory i dont know i guess it comes from my obsession with horror and slasher flicks.





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  • San_Chez
    03-24 04:45 PM
    muni k,

    i am in a similar situation. i consulted a lawyer who said that even 1 day spent out the country can & must be taken in to account (for the 365 day eligibility). as long as your PERM LC was filed, you should not have a problem.

    good luck!



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  • Rajeev
    06-05 12:55 PM
    Hello Folks

    I am in NJ and my current H1b expires on Nov 2008. My DL expires on Set 2008 . I was under impression that I need atleast 6 months or more valid visa to get licence.

    Company didnot agree to file premium process for H1b. They are saying I have plenty of time and they will apply in Aug . I and we know that now a days it takes more than 3-4 months to get visa.

    Is there a way I can get temporary lic in Nj. lawer was saying I can request 3 month temp lic beased on Notice received from CIS. Is that true ? does any one gone through same in NJ ?

    thanks

    My understanding is that NJ adds 3 months to your visa expiry date for DL. You should get a DL valid till Feb 2009. I am not sure about 6 months validity rule. Check their web site.





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  • indygc
    10-10 10:36 AM
    ~~^^~~



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  • MTsoul
    08-10 01:01 AM
    Yes people do.

    I just got a couple of jobs about a month ago. Personally, i think posting in the "Job Seeker" section (this forum) is pointless. Go look in the "Job offers". No employer is going to look here for talent (as far as i know).

    So yes, people do get jobs.





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  • lkapildev
    11-16 10:47 AM
    Yeah many people got the I-140 update who files in July. What was your PD on LC Sub? If you pD was too old then you would have got your GC by now.

    May be LC sub cases are jammed now.



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  • badal
    10-31 10:10 AM
    Hi Gurus,
    My PD is 04/2002 and RD is 18/June/2007, EB3 India. EAD approved and fp done in Aug.

    There are no soft LUDs on my 485 after 7/17/2007. What does this mean? Is there a way to check if I am stuck in name check?

    I see many people with later RD and PD getting soft LUDs. Is anyone else in the same boat? Please advice..

    thanks
    -badal





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  • ashy15
    02-11 04:49 PM
    I am currently in the US on L1 Individual visa - my current visa is expiring on the 28st of Feb. My employer filed for a fresh L1 Blanket Visa instead of doing an extension because I had RFE's on i94 extn. My visa interview is on the 23rd of Feb in Canada.

    Am I going to have any problems because I did not extend my visa and applied for a fresh one instead?

    Any delay due to PIMS? Do I need to check whether my petition number is in PIMS system?

    Any information provided is greatly appreciated.

    Thanks....Ashy



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  • RNGC
    03-13 09:02 PM
    I strongly agree that individual cases/problems etc etc...should not be posted here, please understand, our goal is different...the admin of this group should delete these threads...





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  • yestogc
    04-28 10:55 PM
    From your post it is not clear if your 140 is already approved or pending.

    Anyhow, assuming it is approved and he cancels, then an RFE is bound to come, it is best to file for AC21 with new employer, since RFE could also involve EVL with recent paystubs................. now since in your case even your new job is with a consulting company (do not know how big it is), you might get stuck with RFE too.





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  • evildead
    05-04 02:46 PM
    why did your case go to audit? would you mind sharing?





    vvpandya
    05-12 08:44 AM
    Is anyone having an issue with logging into account at uscis.gov?





    americandesi
    08-29 07:23 PM
    Today, my friend told me that there is new policy prohibiting employees from paying the H1B application fees for their employers. Has someone heard about this policy? If so, would you please provide me some more details on the issue? Where could I find the policy?

    I have got two offers. Both the employers are willing to help me apply for H1B, but I need to pay all the fees by myself. I think that is ok for me. But under this new policy, I am not sure whether this strategy would work out or not. I really very worry about this issue. Your kindly help is highly appreciated!! Million thanks!

    Prohibiting employees from paying the H1B application fees is not a new policy. It has always been there.

    Refer violation 4.(i) in http://www.dol.gov/esa/forms/whd/WH-4.pdf

    However there is a new policy prohibiting employees from paying Labor related expenses in GC process.



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  • nda050325
    03-16 09:39 PM
    fromnaija and FinalGC
    Thank you very much for your replies.





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  • yabadaba
    10-25 04:09 PM
    my wife is moving to another employer. they filed her h1b transfer 2 weeks back. does anyone have an estimate on when she should get her receipt???





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  • raju123
    02-07 11:08 AM
    This is wrong. Indian news papers have wrong call. We discussed this before. It is confusing and misleading as amendment was withdrawn last moment from HR 2

    http://www.numbersusa.com/index




    Just saw this news on Economics Times (Indian Newspaper).

    http://economictimes.indiatimes.com/US_may_hike_H-1Bs_unveil_new_visa_for_the_unskilled/articleshow/1569190.cms





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  • techysingh
    08-07 08:53 PM
    Mine took 4 weeks



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  • rajeev_74
    04-21 04:02 PM
    I think approved I-140 is the right stage. Why do we have to live in uncertainty after an application for immigration has been approved. It also makes sense to request AOS for 5+ years of H1 as well.





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  • poise2000
    08-29 07:11 PM
    Today, my friend told me that there is new policy prohibiting employees from paying the H1B application fees for their employers. Has someone heard about this policy? If so, would you please provide me some more details on the issue? Where could I find the policy?

    I have got two offers. Both the employers are willing to help me apply for H1B, but I need to pay all the fees by myself. I think that is ok for me. But under this new policy, I am not sure whether this strategy would work out or not. I really very worry about this issue. Your kindly help is highly appreciated!! Million thanks!



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  • ingegarcia
    03-08 02:17 PM
    My Personal experience was:
    - When my H1B was filed for the first time it had a wrong Date of Birth, lawyer asked me to bring Birth Certificate to the Interview at the consulate. I did not have problems with the stamping of the visa.
    When my extension was filed , again, Date of Birth was wrong. Lawyer told me the same thing. Get recent Birth Certificate and bring it to the Interview.

    Did not have any problem at all.

    :D





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  • aray
    05-28 11:00 AM
    yes, they are very good. PM if you have questions. My company has used them and I have had good experience with them.


    gman,
    Just sent you a PM. Thanks for your help in advance.



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  • kpraveenn
    01-24 02:32 PM
    Hi Guys,

    I need your opinions/suggestion regarding the following:

    I am working as a software professional, my job is a permanent full time job.
    I got a labor certification and 140 is still in the process. I am willing to own a company and buying 100% of its shares(not a listed company). The company is incorporated in the state of Michigan. It is a small business company. I will not be serving the company's operations in regular hours and will not be actively involved in the day to day business. I will not be given any designation in the company.
    I have the following questions if I own this company:
    1. will this have any effect on my current or future any stages(140/485) of Green Card If I own this company.
    2. After I own the company, Can I transfer the company profit funds from company bank account to my personal account.
    3. Is it possible to own a company without any designation given.
    4. After i own this company, will it be treated as I have 2 jobs.

    Thank you so much for you time and reading this post.

    Please let me know if anyone has any opinion(s) in this situation.

    by - voice of a fellow immigration applicant





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  • glus
    12-09 03:26 PM
    You maintain H-1B status as long as there is a relationship between u and ur company. This is usually showed by paystubs. If you do not, you can apply for H-1B transfer, but then the extension of stay will most likely not be granted, as the USCIS needs to see your paystubs. I would speak to an attorney about this.



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  • kadarm
    01-03 08:47 AM
    My I-140 is still pending. Receipt date Jan 16th 2007. Requested a SR.





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  • Humhongekamyab
    01-15 12:53 PM
    Since when has more money than the prevailing wage been a problem?

    If they pay you via a check to the company you own, then they will be paying for services rendered. They will not be paying employment taxes(SS+Medicare) on that check amount. You will end up paying Self employment taxes amounting to 15.2% on this amount instead of the 7.6% had it been part of your W2.

    As far as the impact to the GC process. I dont think the excess amount should be a problem, but pls confirm with an imm.attorney

    Cooler, thanks for the response.



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  • undercovercisofficer
    05-13 11:10 PM
    TSC is not processing most EB3 I485. This is not supposed to be revealed publicly. It is wrong, so that's why I'm speaking out.





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  • tomguide
    10-05 06:12 PM
    Can somebody share any idea/experience/suggestions? Thx a lot!!



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  • nkavjs
    07-26 05:05 PM
    Hi Friends :

    I am not sure if I am posting this question in right thread or not.
    My attorney (Dumbest creature on this earth) filed my I-485 (AOS) application on 30th June, 07 recd. on 2nd July at 10.45 am. I was under this impression that all 3 stages 485/765/131 were filed along to uscis.. but I was wrong. My attorney only applied for 485 saying that they were very busy and will file for 765 and 131 (EAD and AP) after we get 485 adjudicated.. BS..

    Anyways.. My question is.. since 485 was mailed out via attorney's office, can I go ahead and apply for 765 and 131 on my own, bypassing attorney's effort or am I stuck with them to wait for their mood-swings to go ahead and file my papers. The deadline with old fees application is 30th July as per the news bulletin. I dont want to waste time for 485 to get adju. and then file for 765/131.

    Please advise me about this situation. Also I don't have any proof of 485 application being submitted. I only have tracking number of Fedex that the application was delivered on 2nd July. GOSHH.. pls. advise me.

    Thanks
    Stuck in indy





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  • anurag
    04-05 11:19 AM
    My wife went to US consulate in Kuwait for her H4 stamping on Feb 18th. During the interview she was informed that some administrative process on their end was not completed and asked to pay for the DHL service and was told that she would be contacted by DHL who would collect her passport, get the visa stamped and return it to her. She was also told that it should not take more than 2 weeks.. On her application form, the interviewer wrote NO PIM.

    Since then it has been a harrowing time for us. It has been 6 weeks, since then and we still have not heard anything. We have tried contacting the consulate using phone, email and at times my wife personally went to the consulate but she was not allowed to enter. We do not hear anything back from them.

    I can understand a couple of weeks, but now its more than 6 weeks and counting. We have already cancelled her and my son's flight tickets once. We have rescheduled my son's doctor's appointment. This delay is having a domino effect on our lives.

    My question is - Is there anything that we can do to expedite this process.

    Thank you looking at this thread



    more...


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  • pou-pou
    04-14 08:17 AM
    have to love that first one :love:





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  • emeraldth
    01-05 03:42 PM
    My job description is "xxx mathematician" on the I-140, but what I'm actually doing is developing and supporting scientific programs. The industry is not IT. If I switch back to IT, could it still be "similar job"?
    Could anyone give me some suggestion, or recommend a good attorney for this? Thank you!





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  • Overstay
    05-14 03:25 AM
    By chance, I was browsing the USCIS homepage when I came across guidelines for the change of address form. It says that not changing your address within 10 days is a criminal misdemeanor. Does anyone know when this law was passed?





    reddysn
    05-28 08:20 PM
    Man I dont know what is the answer to ur question. But I feel very sorry for you and want to appreciate you for keeping your sanity intact till now. I would have joined a lunatic asylum by now if I am in ur position ... I have already started showing some signs just by waiting for my PD to become current.

    Keep it up..





    rorypirrie
    03-24 02:56 AM
    Seen a lot of this suggestion flying around. Take a look at this post http://www.ritholtz.com/blog/2009/03/solving-the-housing-crisis/