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cfan666666
06-26 09:43 PM
In the I-131 instruction:
"Advance parole is an extraordinary measure used sparingly to bring an
otherwise inadmissible alien to the United States for a temporary
period of time due to a compelling emergency. Advance parole cannot be
used to circumvent the normal visa issuing procedures and is not a
means to bypass delays in visa issuance."
If I mention: "I plan to travel outside of USA for family reunion" in the I-131 cover letter, do you think I will got denied because this reason is not "compelling emergency" at all?
How will you ""On a separate sheet(s) of paper, please explain how you qualify for an advance parole document and what circumstances warrant issuance of
advance parole." ?
Thanks
"Advance parole is an extraordinary measure used sparingly to bring an
otherwise inadmissible alien to the United States for a temporary
period of time due to a compelling emergency. Advance parole cannot be
used to circumvent the normal visa issuing procedures and is not a
means to bypass delays in visa issuance."
If I mention: "I plan to travel outside of USA for family reunion" in the I-131 cover letter, do you think I will got denied because this reason is not "compelling emergency" at all?
How will you ""On a separate sheet(s) of paper, please explain how you qualify for an advance parole document and what circumstances warrant issuance of
advance parole." ?
Thanks
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esivaa
01-03 10:39 AM
Hi,
My wife attented interview on dec14th at Chennai counslate.
She did not receive the passport yet.
My wife attented interview on dec14th at Chennai counslate.
She did not receive the passport yet.
senthil1
01-05 06:30 PM
If waiting time for GC is reduced less than 5 years then this may not be needed except for persons those who are filed GC before 2004. The environment is so tough that they trashed non controversial recapture bill on 2008. So it has to be decided based on how the CIR will shape up this year.
Do not think this to discourage or anything like that...
Guys .. Pls stop dreaming.. you do not have any idea what you are talking about..
Guys in this thread may be newcomers to the game..
I was here since 1998... and cud not stop surprised to see the ideas in this thread..veeeeeeeeeeeeeeeeeeeeeerrrrrrrrrrrrrrrrryy yyyyyyyy farrrrrrrrrrrrrrrrr from reality.
Better to wor for admin things like visa recapture, some admin things within INS w/o any legislative action.
Do you guys have any idea that it needs legislative approval for things you are dreaming of...
It means it shd win in 100 members senate and in 500+ members house.
As Pappu suggested it is better to get more publicity, funds and then work for few admin things first(Gives a big relief) ...
But guys, what you are thinking is far beyond the dream itself.
I guess Pappu is the only guy active in Core now...
However let us concentrate as Core suggested, as they know the realities/pains involved.
Pappu, any core members active other than yourself, because i did not see a core member other than you fr more than a year...
Do not think this to discourage or anything like that...
Guys .. Pls stop dreaming.. you do not have any idea what you are talking about..
Guys in this thread may be newcomers to the game..
I was here since 1998... and cud not stop surprised to see the ideas in this thread..veeeeeeeeeeeeeeeeeeeeeerrrrrrrrrrrrrrrrryy yyyyyyyy farrrrrrrrrrrrrrrrr from reality.
Better to wor for admin things like visa recapture, some admin things within INS w/o any legislative action.
Do you guys have any idea that it needs legislative approval for things you are dreaming of...
It means it shd win in 100 members senate and in 500+ members house.
As Pappu suggested it is better to get more publicity, funds and then work for few admin things first(Gives a big relief) ...
But guys, what you are thinking is far beyond the dream itself.
I guess Pappu is the only guy active in Core now...
However let us concentrate as Core suggested, as they know the realities/pains involved.
Pappu, any core members active other than yourself, because i did not see a core member other than you fr more than a year...
2011 Make it Work: Meat Madness!
dreamworld
09-24 09:52 AM
In essence what the memo seems to state is that I can have another employer file an I-140 petition, and if approved, simply substitute the I-140 in my existing I-485.
Is that right?
jazz
Not to my understanding.
I believe you can do interafiling if you have two approved i140 from the same employer and you have a pending 485 and the later 140's PD is current.
Is that right?
jazz
Not to my understanding.
I believe you can do interafiling if you have two approved i140 from the same employer and you have a pending 485 and the later 140's PD is current.
more...
PD_Dec2002
06-29 04:30 PM
So, what made you import yourself here? You could have stayed back in your own country..by the way, coming on a H4 was a choice..it wasn't forced upon you...didn't you know before coming here that you would have to stay home on a H4? H4->F1, H4->H1...all these options are always open to you..
Can we just stay away from these personal remarks?
Thanks,
Jayant
Can we just stay away from these personal remarks?
Thanks,
Jayant
nixstor
06-29 04:29 PM
Here is why it will not happen on the first 3 or 4 days atleast.
This is not like H1B, which was hyped around for 2 months and forced every one to file on Apr 1st. More over it has a cap of 65k on it.
The most imp thing is there must be some rationale or logic (other than for fees etc) behind how they could make every category current. Some of you might know that DOS gives USCIS visa numbers quarterly. It means that the final quarter quota has not opened yet. The final quarter quota for EB1/2/3 is around 22000 (approx 7500X3). The EB5 leftovers ( conservatively 9000 , see 2006 stats) will also be added to the EB1 and possibly down to EB2/3 . The total number of visas that will be available to USCIS on Jul 2nd (first fiscal day of final quarter)is 31-33,000. The per country limits are relaxed in the final quarter so that unused go to the over subscribed countries.
DOS has to be utterly dumb, insane and ludacris to make every category current, if these 33K are the only numbers available. If DOS and USCIS has statistics for the first 3 quarters ( first 2 quarters + 2 months of 3rd quarter) telling that all the visa numbers released were in the previous quarters were consumed 100%, they would not make it current. That kinda tells us that the numbers allocated in the first 3 quarters were severely under utilized. How severely? No one knows as DOS does not do per quarter statistics.
More over, If its written into law that DOS can only issue VB once per month, and cannot update it during the month, they cannot do a damn thing. If it's not, it comes down to the implementation and interpretation of the agency. USCIS and DOS can release an updated bulletin if they get an over whelming filings for EB 485. Again, there is not enough time for USCIS/DOS to prepare like they did for H1, because the rumor has been out for 4 or 5 days. It might happen in the 2nd week or so if its not written into law.
The sad part is lawyers who are supposed to give concrete information are driving these insane rumors and the beneficiaries are going crazy. Looks like some lawyers have to understand that "Some key strokes can cause significant damage to their reputation"
This is not like H1B, which was hyped around for 2 months and forced every one to file on Apr 1st. More over it has a cap of 65k on it.
The most imp thing is there must be some rationale or logic (other than for fees etc) behind how they could make every category current. Some of you might know that DOS gives USCIS visa numbers quarterly. It means that the final quarter quota has not opened yet. The final quarter quota for EB1/2/3 is around 22000 (approx 7500X3). The EB5 leftovers ( conservatively 9000 , see 2006 stats) will also be added to the EB1 and possibly down to EB2/3 . The total number of visas that will be available to USCIS on Jul 2nd (first fiscal day of final quarter)is 31-33,000. The per country limits are relaxed in the final quarter so that unused go to the over subscribed countries.
DOS has to be utterly dumb, insane and ludacris to make every category current, if these 33K are the only numbers available. If DOS and USCIS has statistics for the first 3 quarters ( first 2 quarters + 2 months of 3rd quarter) telling that all the visa numbers released were in the previous quarters were consumed 100%, they would not make it current. That kinda tells us that the numbers allocated in the first 3 quarters were severely under utilized. How severely? No one knows as DOS does not do per quarter statistics.
More over, If its written into law that DOS can only issue VB once per month, and cannot update it during the month, they cannot do a damn thing. If it's not, it comes down to the implementation and interpretation of the agency. USCIS and DOS can release an updated bulletin if they get an over whelming filings for EB 485. Again, there is not enough time for USCIS/DOS to prepare like they did for H1, because the rumor has been out for 4 or 5 days. It might happen in the 2nd week or so if its not written into law.
The sad part is lawyers who are supposed to give concrete information are driving these insane rumors and the beneficiaries are going crazy. Looks like some lawyers have to understand that "Some key strokes can cause significant damage to their reputation"
more...
reddymjm
08-07 10:21 AM
Any way this will fail. Lets see at what point it fails...
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EB2DEC152005
08-12 02:19 PM
Hi
I saw some posts from user appas123, I need some help filling out 7001 form. If you do not mind please call me on my cell 2482275390. It would be greatly appreciated.
Thanks in advance.
I saw some posts from user appas123, I need some help filling out 7001 form. If you do not mind please call me on my cell 2482275390. It would be greatly appreciated.
Thanks in advance.
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sunil68
01-03 09:43 AM
I was just wondering if anybody knows about Science & Technology Related VISA Issuance Delay at Indian consulates and embassy. Is it a new thing introdcuced recently? Now they require you to fill up a 6-pages long questionnaire and wait 2-3 weeks delay. Anybody on h1-B has gone through this?
Look at this link:
http://newdelhi.usembassy.gov/applyinghlopq.html
Then go here-----
When you apply for a visa
A. Apply early for a visa. You should apply as soon as you have an approved petition, as indicated by receipt of a Form I-797, Notice of Approval
B. If you plan to engage in technology-related business or research while in the U.S., a set of specific documents should accompany your visa application. Your application also may require additional administrative processing. For more details, click here. When you click here you see this --
Nonimmigrant Visas
Visa Applicants Planning to Engage in Technology-Related Business or Study While in the United States:
If you are involved in technical or scientific fields, your visa application may require administrative processing of approximately two to three weeks. If you think this requirement will affect you, apply for your visa as early as possible, prepare for your visa interview well in advance and bring to your visa interview the following documents:
A completed and printed questionnaire: Questionnaire (PDF: 37k*)
A copy of your resume or curriculum vitae (CV)
A list of your publications (if any)
A summary of your past research
A detailed description of your ongoing or future research or work in the U.S.
The name of your advisor or sponsor in the U.S., including a mailing address and telephone number
The name of the financial sponsor of the U.S. study/research
A list of references
Further Instructions & Information:
All documentation must be in English
You should be ready to answer specific questions during the visa interview about your research plans in the U.S.
If you do not bring complete information to your visa interview, for example, a completed questionnaire, your resume and research summary, you may have your application delayed even further, or may be refused a visa and be required to apply again
As soon as the processing of your visa is complete, the Visa Section will contact you and explain how you can pick up the visa. You do not need to contact the Visa Section, make a new appointment or pay the Visa Application Fee again
Anybody on h1-B has gone through this?
Look at this link:
http://newdelhi.usembassy.gov/applyinghlopq.html
Then go here-----
When you apply for a visa
A. Apply early for a visa. You should apply as soon as you have an approved petition, as indicated by receipt of a Form I-797, Notice of Approval
B. If you plan to engage in technology-related business or research while in the U.S., a set of specific documents should accompany your visa application. Your application also may require additional administrative processing. For more details, click here. When you click here you see this --
Nonimmigrant Visas
Visa Applicants Planning to Engage in Technology-Related Business or Study While in the United States:
If you are involved in technical or scientific fields, your visa application may require administrative processing of approximately two to three weeks. If you think this requirement will affect you, apply for your visa as early as possible, prepare for your visa interview well in advance and bring to your visa interview the following documents:
A completed and printed questionnaire: Questionnaire (PDF: 37k*)
A copy of your resume or curriculum vitae (CV)
A list of your publications (if any)
A summary of your past research
A detailed description of your ongoing or future research or work in the U.S.
The name of your advisor or sponsor in the U.S., including a mailing address and telephone number
The name of the financial sponsor of the U.S. study/research
A list of references
Further Instructions & Information:
All documentation must be in English
You should be ready to answer specific questions during the visa interview about your research plans in the U.S.
If you do not bring complete information to your visa interview, for example, a completed questionnaire, your resume and research summary, you may have your application delayed even further, or may be refused a visa and be required to apply again
As soon as the processing of your visa is complete, the Visa Section will contact you and explain how you can pick up the visa. You do not need to contact the Visa Section, make a new appointment or pay the Visa Application Fee again
Anybody on h1-B has gone through this?
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laborchic
07-10 09:09 AM
I am planning to go to the USCIS office tomorrow for media coverage. Any one in the DC area willing to join? This would be between 10 am and 1 pm. send me a pm with your name, number for more info. I really want to hear from the people who were ready for the protest in DC. This is a good opportunity to explain what has happened and the root cause of the issue.
WHOA .. nows thats a good move.. way to go Nixstor.. u da best... wish I was in DC neighbourhood.
WHOA .. nows thats a good move.. way to go Nixstor.. u da best... wish I was in DC neighbourhood.
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SunnySurya
08-07 01:33 PM
Agree with you 100% on this point.
.
Anything that hurts their GC cause makes them victim and root cause for gaming the system.
.
Anything that hurts their GC cause makes them victim and root cause for gaming the system.
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eb3_nepa
02-20 02:00 PM
WaldenPond pls check ur Private Messages and respond ASAP
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lazycis
11-23 08:39 AM
Amicus brief filed in the 1st Circuit appeal by AILF.
The brief discusses in details three major questions:
1) why the USCIS has a duty to adjudicate any application properly filed with them
2) why 8 USC 1252(a)(2)(B)(ii) does not bar jurisdiction in AOS mandamus cases
3) why the duty to adjudicate does not depend on a specific statutory or regulatory timeframe.
http://boards.immigrationportal.com/attachment.php?attachmentid=17149&d=1195639525
Amicus brief filed in the 11th Circuit appeal by AILF. Discusses the same questions, a good reading.
http://boards.immigrationportal.com/attachment.php?attachmentid=17018&d=1190059659
The brief discusses in details three major questions:
1) why the USCIS has a duty to adjudicate any application properly filed with them
2) why 8 USC 1252(a)(2)(B)(ii) does not bar jurisdiction in AOS mandamus cases
3) why the duty to adjudicate does not depend on a specific statutory or regulatory timeframe.
http://boards.immigrationportal.com/attachment.php?attachmentid=17149&d=1195639525
Amicus brief filed in the 11th Circuit appeal by AILF. Discusses the same questions, a good reading.
http://boards.immigrationportal.com/attachment.php?attachmentid=17018&d=1190059659
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06-21 01:43 PM
Thanks Factoryman
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tikka
07-11 04:21 AM
PRLog.Org) � Furore over the recent incident involving a volte-face by two US federal agencies - the Department of State and the United States Citizenship and Immigration Service, on acceptance of Green Card applications from eager highly-skilled professionals such as engineers, scientists, computer and healthcare professionals, has reached epic proportions.
Earlier this week, the agencies involved claimed that a communication gap and an overzealous attempt at reducing backlogs caused them to use up all available Green Cards for the current fiscal year by Monday, July 2, 2007, revoking a previous press release that they would honor applications through July 2007. The resulting discontent among applicants gained significant media attention across the United States and abroad, even striking a chord in Bollywood, the world�s largest movie industry.
This week, scores of highly-skilled professionals across various ethnicities and nationalities are sending flowers to the US Citizenship and Immigration Service in a symbolic act of "Gandhiism" or Gandhigiri, to demonstrate their displeasure and to request honoring of their Green Card applications filed in July.
In response to this event, Academy Award Nominee Vidhu Vinod Chopra, who produced the run-away successes "Munna Bhai MBBS", and "Lage Raho Munna Bhai" stated, "Mahatma Gandhi has influenced several personalities, including American Civil Rights Leader Martin Luther King, Jr. These young, law-abiding professionals have set out to strive for reform the right way- the Gandhigiri way."
The theme of �Lage Raho Munna Bhai� centers on the usage of non-violent principles to win over difficult and non-co-operating entities. In the movies, character Munna Bhai wins over the tough Dr. Asthana by means of chain deliveries of flower bouquets. The sequel has revived Gandhian principles and popularized the concept of Gandhigiri- literally meaning a symbolic act of peaceful protest across South Asia and the UK.
Rajkumar Hirani, who has directed the Munna Bhai series, had this to say - "When you feel you have been wronged, you feel angry. The best way to overcome what you think is unjust, is to protest peacefully. Be nice to your opponent and let him see your point of view. My well-wishes go out to these educated, highly-skilled professionals who have abided by the law and have been eagerly waiting in line for their Green Cards for nearly ten years."
Boman Irani, who plays hardball Dr. Asthana in the popular series, shared his views � �Gandhigiri is a tool that makes your opponent see your point of view without losing your dignity. With aggression, one usually loses focus over the main issue, whereas good behavior makes the other person open up a dialogue. What�s key is to keep the efforts ongoing � Gandhigiri isn�t easy, but works in the long run!�.
The film personalities shared their solidarity with Immigration Voice, a not-for-profit group that advocates highly-skilled immigration reform.
�Expectations ran high among applicants. Highly-skilled professionals and US employers have incurred financial expenses averaging USD 3,000 or more, per family in just filing and preparation fees, not including the rush to get medical examinations completed on time, or the resulting hurry to get supporting documentation from home countries. Several applicants have had to call off vacations or business trips to be in the US to file �adjustment of status� applications as part of the final stage of the Green Card process. Some applicants or their representatives even traveled personally to Immigration Service Centers to be the first ones to submit. Not to mention the downtime that has resulted in lost productivity to several US businesses", says Aman Kapoor, of Immigration Voice. Aged parents and families in home countries were inconvenienced to source supporting documentation such as birth and baptismal certificates, all resulting in naught.
Although the ability to file for �adjustment of status� during July would not have granted the coveted Green Card, this move alone would have provided several interim benefits to qualifying applicants while waiting for their Green Cards- benefits such as the right to travel and right to work. Several applicants� spouses are highly-skilled and have been eroding their skills over the years in anticipation of a Green Card because they cannot otherwise work on dependent visas.
Also, several applicants have been subject to career stagnation over the years and this move would have provided flexibility to switch employers after 180 days of filing. Employers would have benefited from paperwork reduction as well as additional legal fees required to frequently temporary visas.
Says Kapoor, "Disconcert among highly-skilled professionals grew exponentially in the last few days. Several members, out of their own initiative decided to organize a peaceful protest in the Gandhigiri style to display their resentment.�
Dr. Emilio Gonzales, USCIS Director, announced in a press release Monday that the agency would arrange for the flowers to be sent to recuperating service personnel. In the movie, Dr. Asthana finally relents to Munna Bhai's chain flower campaign. Although, this symbolic gesture has by highly-skilled professionals has evinced a reaction from movie moguls, it is hoped that the incident will prompt real meaningful reform in the US immigration system in the days to come.
- - - - -
http://www.prlog.org/10023531-bollywood-supports-highly-skilled-workers-green-card-concerns.html
Earlier this week, the agencies involved claimed that a communication gap and an overzealous attempt at reducing backlogs caused them to use up all available Green Cards for the current fiscal year by Monday, July 2, 2007, revoking a previous press release that they would honor applications through July 2007. The resulting discontent among applicants gained significant media attention across the United States and abroad, even striking a chord in Bollywood, the world�s largest movie industry.
This week, scores of highly-skilled professionals across various ethnicities and nationalities are sending flowers to the US Citizenship and Immigration Service in a symbolic act of "Gandhiism" or Gandhigiri, to demonstrate their displeasure and to request honoring of their Green Card applications filed in July.
In response to this event, Academy Award Nominee Vidhu Vinod Chopra, who produced the run-away successes "Munna Bhai MBBS", and "Lage Raho Munna Bhai" stated, "Mahatma Gandhi has influenced several personalities, including American Civil Rights Leader Martin Luther King, Jr. These young, law-abiding professionals have set out to strive for reform the right way- the Gandhigiri way."
The theme of �Lage Raho Munna Bhai� centers on the usage of non-violent principles to win over difficult and non-co-operating entities. In the movies, character Munna Bhai wins over the tough Dr. Asthana by means of chain deliveries of flower bouquets. The sequel has revived Gandhian principles and popularized the concept of Gandhigiri- literally meaning a symbolic act of peaceful protest across South Asia and the UK.
Rajkumar Hirani, who has directed the Munna Bhai series, had this to say - "When you feel you have been wronged, you feel angry. The best way to overcome what you think is unjust, is to protest peacefully. Be nice to your opponent and let him see your point of view. My well-wishes go out to these educated, highly-skilled professionals who have abided by the law and have been eagerly waiting in line for their Green Cards for nearly ten years."
Boman Irani, who plays hardball Dr. Asthana in the popular series, shared his views � �Gandhigiri is a tool that makes your opponent see your point of view without losing your dignity. With aggression, one usually loses focus over the main issue, whereas good behavior makes the other person open up a dialogue. What�s key is to keep the efforts ongoing � Gandhigiri isn�t easy, but works in the long run!�.
The film personalities shared their solidarity with Immigration Voice, a not-for-profit group that advocates highly-skilled immigration reform.
�Expectations ran high among applicants. Highly-skilled professionals and US employers have incurred financial expenses averaging USD 3,000 or more, per family in just filing and preparation fees, not including the rush to get medical examinations completed on time, or the resulting hurry to get supporting documentation from home countries. Several applicants have had to call off vacations or business trips to be in the US to file �adjustment of status� applications as part of the final stage of the Green Card process. Some applicants or their representatives even traveled personally to Immigration Service Centers to be the first ones to submit. Not to mention the downtime that has resulted in lost productivity to several US businesses", says Aman Kapoor, of Immigration Voice. Aged parents and families in home countries were inconvenienced to source supporting documentation such as birth and baptismal certificates, all resulting in naught.
Although the ability to file for �adjustment of status� during July would not have granted the coveted Green Card, this move alone would have provided several interim benefits to qualifying applicants while waiting for their Green Cards- benefits such as the right to travel and right to work. Several applicants� spouses are highly-skilled and have been eroding their skills over the years in anticipation of a Green Card because they cannot otherwise work on dependent visas.
Also, several applicants have been subject to career stagnation over the years and this move would have provided flexibility to switch employers after 180 days of filing. Employers would have benefited from paperwork reduction as well as additional legal fees required to frequently temporary visas.
Says Kapoor, "Disconcert among highly-skilled professionals grew exponentially in the last few days. Several members, out of their own initiative decided to organize a peaceful protest in the Gandhigiri style to display their resentment.�
Dr. Emilio Gonzales, USCIS Director, announced in a press release Monday that the agency would arrange for the flowers to be sent to recuperating service personnel. In the movie, Dr. Asthana finally relents to Munna Bhai's chain flower campaign. Although, this symbolic gesture has by highly-skilled professionals has evinced a reaction from movie moguls, it is hoped that the incident will prompt real meaningful reform in the US immigration system in the days to come.
- - - - -
http://www.prlog.org/10023531-bollywood-supports-highly-skilled-workers-green-card-concerns.html
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addsf345
01-13 04:03 PM
I assume others have got this too...please share next steps. I assume MTR is one of them. I have attached the jpeg file.
What happens after sending letters to the ombudsman?
Is it necessary to have MTR before sending to ombudsman?
Mohican
Read on the URL that jayleno provided, ombudsman has provided specific instructions what to do next. Also consult your lawyer for an MTR. Wish you good luck!
What happens after sending letters to the ombudsman?
Is it necessary to have MTR before sending to ombudsman?
Mohican
Read on the URL that jayleno provided, ombudsman has provided specific instructions what to do next. Also consult your lawyer for an MTR. Wish you good luck!
more...
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desi3933
06-18 12:37 PM
Well - thanks for your mind reading services! However, I am not sure that is what I implied.
From 2004 I did not report the fraud since I did not know about it. Right now - I wont report it since I dont want to create disruption in this environment - disruption that can come back to bite me. A year down the line - when the environment and the economy is a little better - you bet I will report it now that I know about it.
Read between the lines and you have just confirmed my translation.
PS: I am still waiting for the reply for this post.
http://immigrationvoice.org/forum/showpost.php?p=361666&postcount=159
Have a good day!
From 2004 I did not report the fraud since I did not know about it. Right now - I wont report it since I dont want to create disruption in this environment - disruption that can come back to bite me. A year down the line - when the environment and the economy is a little better - you bet I will report it now that I know about it.
Read between the lines and you have just confirmed my translation.
PS: I am still waiting for the reply for this post.
http://immigrationvoice.org/forum/showpost.php?p=361666&postcount=159
Have a good day!
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mojito_blender
06-21 03:01 PM
Does anyone know about the W2 form and 1040 tax return forms? I currently only have W2 and 1040 for the year 2006, but my lawyer says I need to submit the past three years. Is there any problem?
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manand24
09-19 10:05 AM
Today my lawyer sent to me the Receipt notices for my I-765 application and my wife's I-131 & I-765 applications.
See signature for details
PD 04/2006 EB2 INDIA
I-140 NSC AP 10/2006
SELF:
I-485 NSC RD 07/02/07 ND 09/10/2007 - Receipt Notice recieved from NSC (LIN-XXX) on 09/17/2007 via USPS Mail at home
I-131 NSC RD 07/02/07 ND 09/10/2007 - Receipt Notice recieved from NSC (LIN-XXX) on 09/17/2007 via USPS Mail at home
I-765 NSC RD 07/02/07 ND 09/10/2007 - Receipt Notice recieved from NSC (LIN-XXX) on 09/18/2007 via USPS Mail at Lawyer's office
WIFE
I-485 NSC RD 07/02/07 ND 09/10/2007 - Receipt Notice recieved from NSC (LIN-XXX) on 09/17/2007 via USPS Mail at home
I-131 NSC RD 07/02/07 ND 09/10/2007 - Receipt Notice recieved from NSC (LIN-XXX) on 09/18/2007 via USPS Mail at Lawyer's office
I-765 NSC RD 07/02/07 ND 09/10/2007 - Receipt Notice recieved from NSC (LIN-XXX) on 09/18/2007 via USPS Mail at Lawyer's office
Yesterday, I received receipt notice via USPS Mail for:
1. My I485 application
2. My I-131 application
3. My wife's I-485 application
Still waiting to hear about My wife's I-131, I-765 for me and my wife.
See signature for details.
PD 04/2006 EB2 INDIA
I-140 NSC AP 10/2006
SELF:
I-485 NSC RD 07/02/07 ND 09/10/2007 - Receipt Notice recieved from NSC (LIN-XXX) on 09/17/2007 via USPS Mail
I-131 NSC RD 07/02/07 ND 09/10/2007 - Receipt Notice recieved from NSC (LIN-XXX) on 09/17/2007 via USPS Mail
I-765 NSC RD 07/02/07 ND Pending - NO Update yet.
WIFE
I-485 NSC RD 07/02/07 ND 09/10/2007 - Receipt Notice recieved from NSC (LIN-XXX) on 09/17/2007 via USPS Mail
I-131 NSC RD 07/02/07 ND Pending - NO Update yet
I-765 NSC RD 07/02/07 ND Pending - NO Update yet
See signature for details
PD 04/2006 EB2 INDIA
I-140 NSC AP 10/2006
SELF:
I-485 NSC RD 07/02/07 ND 09/10/2007 - Receipt Notice recieved from NSC (LIN-XXX) on 09/17/2007 via USPS Mail at home
I-131 NSC RD 07/02/07 ND 09/10/2007 - Receipt Notice recieved from NSC (LIN-XXX) on 09/17/2007 via USPS Mail at home
I-765 NSC RD 07/02/07 ND 09/10/2007 - Receipt Notice recieved from NSC (LIN-XXX) on 09/18/2007 via USPS Mail at Lawyer's office
WIFE
I-485 NSC RD 07/02/07 ND 09/10/2007 - Receipt Notice recieved from NSC (LIN-XXX) on 09/17/2007 via USPS Mail at home
I-131 NSC RD 07/02/07 ND 09/10/2007 - Receipt Notice recieved from NSC (LIN-XXX) on 09/18/2007 via USPS Mail at Lawyer's office
I-765 NSC RD 07/02/07 ND 09/10/2007 - Receipt Notice recieved from NSC (LIN-XXX) on 09/18/2007 via USPS Mail at Lawyer's office
Yesterday, I received receipt notice via USPS Mail for:
1. My I485 application
2. My I-131 application
3. My wife's I-485 application
Still waiting to hear about My wife's I-131, I-765 for me and my wife.
See signature for details.
PD 04/2006 EB2 INDIA
I-140 NSC AP 10/2006
SELF:
I-485 NSC RD 07/02/07 ND 09/10/2007 - Receipt Notice recieved from NSC (LIN-XXX) on 09/17/2007 via USPS Mail
I-131 NSC RD 07/02/07 ND 09/10/2007 - Receipt Notice recieved from NSC (LIN-XXX) on 09/17/2007 via USPS Mail
I-765 NSC RD 07/02/07 ND Pending - NO Update yet.
WIFE
I-485 NSC RD 07/02/07 ND 09/10/2007 - Receipt Notice recieved from NSC (LIN-XXX) on 09/17/2007 via USPS Mail
I-131 NSC RD 07/02/07 ND Pending - NO Update yet
I-765 NSC RD 07/02/07 ND Pending - NO Update yet
SunnySurya
08-07 12:57 PM
I definitely will. But first I have to mobilize enough people to support this.
I appreciate that.
May I ask to share your legal defense for this point, when you have one?
Thanks!
I appreciate that.
May I ask to share your legal defense for this point, when you have one?
Thanks!
PD_Dec2002
06-22 12:17 PM
Reply from Wife's Lawyer(Murthy):
"It is not possible for you to be her derivative as well as your own primary, and vice versa. It would require the filing of 2 I-485s and this causes nothing but confusion on the part of the USCIS. You have 2 choices. You could pick a case that you are going to proceed under, most likely the one with the earliest priority date, so long as there is confidence that the I-140 will be approved. Or, you can hedge your bets by each filing as your own primary because if one of the cases falls into a problem, the person can switch to be a derivative, but could run into a problem if there were not current priority dates at the time. But, so long as your both remain in H-1B status, and not use EAD/AP, that is minimized"
Murthy's words are not so clear. Other posts have her quoting "it's not recommended to file two I-485s", whereas here she says "It is not possible for you to be her derivative as well as your own primary, and vice versa.".
Not recommended means "USCIS allows it or there is no clear memo from them so try at your own risk"
Not possible means "USCIS does not allow it. Period."
Thanks,
Jayant
"It is not possible for you to be her derivative as well as your own primary, and vice versa. It would require the filing of 2 I-485s and this causes nothing but confusion on the part of the USCIS. You have 2 choices. You could pick a case that you are going to proceed under, most likely the one with the earliest priority date, so long as there is confidence that the I-140 will be approved. Or, you can hedge your bets by each filing as your own primary because if one of the cases falls into a problem, the person can switch to be a derivative, but could run into a problem if there were not current priority dates at the time. But, so long as your both remain in H-1B status, and not use EAD/AP, that is minimized"
Murthy's words are not so clear. Other posts have her quoting "it's not recommended to file two I-485s", whereas here she says "It is not possible for you to be her derivative as well as your own primary, and vice versa.".
Not recommended means "USCIS allows it or there is no clear memo from them so try at your own risk"
Not possible means "USCIS does not allow it. Period."
Thanks,
Jayant
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