krishnam70
03-05 12:00 PM
There is a sudden change of plan. My company wants me in US for two months - March 15 - May 15. Then i have to go back to India till Dec 09 and come back to join work from Jan 2010. My questions -
1. Will i be facing any questions at the immigration (point of entry) when i come back on Jan 2010?
2. Any other situation or scenario that i should be aware of?
3. If i receive pay check for just two months in 09, will there be a problem when i file taxes for 2009?
4. How long can i stay outside US on a H1b visa?
Thanks a lot.
This might be an Attorney question
1. H1B petition is filed on a premise that a person with your 'unique' skillset is not available in local market and so they are sponsoring you
2. If you are going to be away from your place of work for such a long time, its the responsibility of the company to prove that you are indeed really required here and your assignment in your home country is really needed to get the work you are doing here moving etc etc.
3. I guess for you to be able to claim as an H1B you should basically work x number of hours a week/month/year on H1 here. Not sure how your going to home country and working there would qualify here
4. Your company might need to run your payroll here. Now as far as physical presence in this country you need to speak to your HR/Attorney on what the requirements are ( for other cases it is 181 days of continuous stay). Check with them what it needs to be for an H1.
On the whole this is a purely a LEGAL question and I am not sure if any of the advise you get here is guaranteed to work or be legal.
- cheers
kris
1. Will i be facing any questions at the immigration (point of entry) when i come back on Jan 2010?
2. Any other situation or scenario that i should be aware of?
3. If i receive pay check for just two months in 09, will there be a problem when i file taxes for 2009?
4. How long can i stay outside US on a H1b visa?
Thanks a lot.
This might be an Attorney question
1. H1B petition is filed on a premise that a person with your 'unique' skillset is not available in local market and so they are sponsoring you
2. If you are going to be away from your place of work for such a long time, its the responsibility of the company to prove that you are indeed really required here and your assignment in your home country is really needed to get the work you are doing here moving etc etc.
3. I guess for you to be able to claim as an H1B you should basically work x number of hours a week/month/year on H1 here. Not sure how your going to home country and working there would qualify here
4. Your company might need to run your payroll here. Now as far as physical presence in this country you need to speak to your HR/Attorney on what the requirements are ( for other cases it is 181 days of continuous stay). Check with them what it needs to be for an H1.
On the whole this is a purely a LEGAL question and I am not sure if any of the advise you get here is guaranteed to work or be legal.
- cheers
kris
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kosars
10-02 05:39 PM
Hi all,
I just got the below update from the USCIS website regarding my case.
Has anybody received this?.. What is the possible Evidence that they may be looking for?. Who receives such notice (Me or My lawyer)... Normally what response time would be given?... Please advise...
Current Status: We mailed you a notice requesting additional evidence.
we mailed a notice requesting additional evidence and/or information in this case. Please follow the instructions on the notice to submit the evidence and/or information requested. This case will be held in suspense until we either receive the evidence or the opportunity to submit it expires. Once you submit the information and/or evidence requested, you will be notified by mail when a decision is made, or if the office needs something further from you. If you move while this case is pending, call customer service.
My friend got similar RFE for his wife and daughter. That was for a copy I 140
and marriage certificate.
What happened was he applied to NSC, got transfered to CSC got receipts for the all the applications. Then the 485 was transfered to TSC. The Copy of marriage certificate and birth certifiate for his daughter went with that went with that. When they were processing 765 and 131 they could not find them, so they asked for for more evidence.
Hope that helps
I just got the below update from the USCIS website regarding my case.
Has anybody received this?.. What is the possible Evidence that they may be looking for?. Who receives such notice (Me or My lawyer)... Normally what response time would be given?... Please advise...
Current Status: We mailed you a notice requesting additional evidence.
we mailed a notice requesting additional evidence and/or information in this case. Please follow the instructions on the notice to submit the evidence and/or information requested. This case will be held in suspense until we either receive the evidence or the opportunity to submit it expires. Once you submit the information and/or evidence requested, you will be notified by mail when a decision is made, or if the office needs something further from you. If you move while this case is pending, call customer service.
My friend got similar RFE for his wife and daughter. That was for a copy I 140
and marriage certificate.
What happened was he applied to NSC, got transfered to CSC got receipts for the all the applications. Then the 485 was transfered to TSC. The Copy of marriage certificate and birth certifiate for his daughter went with that went with that. When they were processing 765 and 131 they could not find them, so they asked for for more evidence.
Hope that helps
pmamp
07-13 09:41 AM
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nightowl76
08-27 07:22 PM
I received renewed EAD cards a week ago. I had applied a couple of months ago. I noticed that the renewed EAD card also says 'Fingerprint not available'. My fingerprinting was done in March 08.
Is this expected? Does anyones EAD card have a fingerprint on it?
Is this expected? Does anyones EAD card have a fingerprint on it?
more...
thesparky007
04-17 07:48 PM
there you go! I really like that one! :A+:finally!!
thanks
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factoryman
06-19 12:57 PM
Yes, on stamp paper. . What will you ask next? A format for affidavit. Why pal, why are you doing this to me? What did I do? Why did you start another thread?
Here it is:
Sample Affidavit of Birth for Parents
AFFIDAVIT BY [Father's First Name] [Father's Last Name] and [Mother's First Name] [Mother's Last Name] (Mothers Maiden Name: Mother's Maiden Name)
Re: [Child's First Name] [Child's Last Name] (If child is married, list the following: (Child's Maiden Name: Child's Maiden Name))
We, [Father's First Name] [Father's Last Name] and [Mother's First Name] [Mother's Last Name], hereby depose and say:
Our full and complete address is [street address with apartment or house number, town/city, state, postal zip code].
That I, [Father's First Name] [Father's Last Name] was born on [date] in the town/city of [city], [country].
That I, [Mother's First Name] [Mother's Last Name] (Mother's Maiden Name: Mother's Maiden Name), was born on [date] in the town/city of [name of city], [country].
We married on [date of marriage] in the city of [name of city], [country].
We [Father's First Name] [Father's Last Name] and [Mother's First Name] [Mother's Last Name] had the following children:
a. [Child’s First Name] [Child's Last Name] (If child is married list the following: (Child's Maiden Name: Child's Maiden Name) born on [date]; and
b. [list all of the other children, if applicable].
[Child's First Name] [Child's Last Name] was born in [name of city], [country].
This affidavit is being submitted because [CHOOSE ONE] there is no official record of birth [OR} the official record of birth is incomplete concerning [Child's First Name] [Child's Last Name].
We declare under penalty of perjury, that the foregoing is a true and correct statement.
_________________________
[Father's First Name] [Father's Last Name] and signature
_________________________
[Mother's First Name] [Mother's Last Name] and signature
Subscribed and Sworn to before
Me, this ____ day of __________,
[YEAR] at ______________________.
Sample Affidavit of Birth for Close Relative
AFFIDAVIT BY [Close Relative's First Name] [Close Relative's Last Name]
Re: [Applicant's First Name] [Applicant's Last Name] (If child is married, list the following: (Applicant's Maiden Name: Applicant's Maiden Name))
I, [Close Relative's First Name] [Close Relative's Last Name], hereby depose and say:
That I, [Close Relative's First Name] [Close Relative's Last Name], was born on [date] in the town/city of [City], [Country].
My full and complete address is [street address with apartment or house number, town/city, state, postal zip code].
That I am closely related to [Applicant's First Name] [Applicant's Last Name]. I am his/her [fill in: uncle, aunt, grandparent, etc.]
That [Applicant's First Name] [Applicant's Last Name] was born on [date] in [name of city], [country] to [Mother's First Name] [Mother's Last Name] and [Father's First Name] [Father's Last Name].
That I have direct personal knowledge of the event and circumstances concerning the birth of [Applicant's First Name] [Applicant's Last Name] because [state how you are aware of the birth or birth date].
That I have known the applicant since [month/year].
This affidavit is being submitted because [CHOOSE ONE] there is no official record of birth [OR} the official record of birth is incomplete concerning [Applicant's First Name] [Applicant's Last Name].
I declare under penalty of perjury, that the foregoing is a true and correct statement.
_________________________
[Close Relative's First Name] [Close Relative's Last Name] and signature
Subscribed and Sworn to before
Me, this ____ day of __________,
[YEAR] at ______________________.
Here is another version:
SAMPLE AFFIDAVIT OF BIRTH
Preliminary Instructions:
-Please keep in mind that the Beneficiary is the person whose birth is being proven (i.e. the person who has filed or will be filing an I-485).
-The Affiant is the person who affirming that the birth did occur and is the person who will be signing this document. The Affiant should have been an adult (over 18 years of age) at the time that the event (e.g. Birth) occurred.
-You should spell out all dates. You should never list the dates with just numbers. For instance, you should list “March 1, 1970”, not 3-1-70 or 1-3-70.
-The Affidavit ought to be certified or notarized.
AFFIDAVIT OF __________________ (Affiant's Name)
I, ____________________, a citizen of _____________ and currently
residing in __________ do hereby
State that the following is true and accurate to the best of my knowledge:
1. I am the _________ of ___________ (Identify the Relationship, e.g. “I am the Grandfather of Mr. Beneficiary”)
2. I was born on __________ (List Affiant's date of Birth. This will prove that the Affiant was an adult at the time that the event took place) in ____________ (list city, country) and I know of his/her birth because of my relationship to him/her.
3. In ______________ (Month/Year) I was living in ________________ (Town where Beneficiary was Born)
4. __________________(Beneficiary) was born on ___________________ in _________________ and I know of his/her birth because of my relationship to him/her.
5. ______________________(Beneficiary) was born to _____________________________(Father's
name) and _____________________ (Mother's name).
Note: Choose either Number 6a or 6b below depending upon whichever is relevant to your case.
6a. I hereby attest to the fact that birth records for individuals born during this time are difficult if not impossible to obtain and that a birth certificate was not issued to ___________ (Beneficiary) on his/her birth.
6b. I hereby certify that the birth certificate for ______________(Beneficiary) does not mention his/her name because it was not customary at that time to include the child's name on the birth certificate.
Dated: ________________________
__________________________________
(Affiant's Name)
Sworn to and signed before me this ____________ day of ____________, _______________. (List Month and Year)
______________________________
Certifying Official/Notary Public
NOW DO YOU WANT THE GUIDELINES FORM THE FOREIGN MANUAL, that I posted in another big thread.
Does the affidavit for Birth be on Stamp paper?? All those who have obtained affidavits, please advise.
Thanks.
Here it is:
Sample Affidavit of Birth for Parents
AFFIDAVIT BY [Father's First Name] [Father's Last Name] and [Mother's First Name] [Mother's Last Name] (Mothers Maiden Name: Mother's Maiden Name)
Re: [Child's First Name] [Child's Last Name] (If child is married, list the following: (Child's Maiden Name: Child's Maiden Name))
We, [Father's First Name] [Father's Last Name] and [Mother's First Name] [Mother's Last Name], hereby depose and say:
Our full and complete address is [street address with apartment or house number, town/city, state, postal zip code].
That I, [Father's First Name] [Father's Last Name] was born on [date] in the town/city of [city], [country].
That I, [Mother's First Name] [Mother's Last Name] (Mother's Maiden Name: Mother's Maiden Name), was born on [date] in the town/city of [name of city], [country].
We married on [date of marriage] in the city of [name of city], [country].
We [Father's First Name] [Father's Last Name] and [Mother's First Name] [Mother's Last Name] had the following children:
a. [Child’s First Name] [Child's Last Name] (If child is married list the following: (Child's Maiden Name: Child's Maiden Name) born on [date]; and
b. [list all of the other children, if applicable].
[Child's First Name] [Child's Last Name] was born in [name of city], [country].
This affidavit is being submitted because [CHOOSE ONE] there is no official record of birth [OR} the official record of birth is incomplete concerning [Child's First Name] [Child's Last Name].
We declare under penalty of perjury, that the foregoing is a true and correct statement.
_________________________
[Father's First Name] [Father's Last Name] and signature
_________________________
[Mother's First Name] [Mother's Last Name] and signature
Subscribed and Sworn to before
Me, this ____ day of __________,
[YEAR] at ______________________.
Sample Affidavit of Birth for Close Relative
AFFIDAVIT BY [Close Relative's First Name] [Close Relative's Last Name]
Re: [Applicant's First Name] [Applicant's Last Name] (If child is married, list the following: (Applicant's Maiden Name: Applicant's Maiden Name))
I, [Close Relative's First Name] [Close Relative's Last Name], hereby depose and say:
That I, [Close Relative's First Name] [Close Relative's Last Name], was born on [date] in the town/city of [City], [Country].
My full and complete address is [street address with apartment or house number, town/city, state, postal zip code].
That I am closely related to [Applicant's First Name] [Applicant's Last Name]. I am his/her [fill in: uncle, aunt, grandparent, etc.]
That [Applicant's First Name] [Applicant's Last Name] was born on [date] in [name of city], [country] to [Mother's First Name] [Mother's Last Name] and [Father's First Name] [Father's Last Name].
That I have direct personal knowledge of the event and circumstances concerning the birth of [Applicant's First Name] [Applicant's Last Name] because [state how you are aware of the birth or birth date].
That I have known the applicant since [month/year].
This affidavit is being submitted because [CHOOSE ONE] there is no official record of birth [OR} the official record of birth is incomplete concerning [Applicant's First Name] [Applicant's Last Name].
I declare under penalty of perjury, that the foregoing is a true and correct statement.
_________________________
[Close Relative's First Name] [Close Relative's Last Name] and signature
Subscribed and Sworn to before
Me, this ____ day of __________,
[YEAR] at ______________________.
Here is another version:
SAMPLE AFFIDAVIT OF BIRTH
Preliminary Instructions:
-Please keep in mind that the Beneficiary is the person whose birth is being proven (i.e. the person who has filed or will be filing an I-485).
-The Affiant is the person who affirming that the birth did occur and is the person who will be signing this document. The Affiant should have been an adult (over 18 years of age) at the time that the event (e.g. Birth) occurred.
-You should spell out all dates. You should never list the dates with just numbers. For instance, you should list “March 1, 1970”, not 3-1-70 or 1-3-70.
-The Affidavit ought to be certified or notarized.
AFFIDAVIT OF __________________ (Affiant's Name)
I, ____________________, a citizen of _____________ and currently
residing in __________ do hereby
State that the following is true and accurate to the best of my knowledge:
1. I am the _________ of ___________ (Identify the Relationship, e.g. “I am the Grandfather of Mr. Beneficiary”)
2. I was born on __________ (List Affiant's date of Birth. This will prove that the Affiant was an adult at the time that the event took place) in ____________ (list city, country) and I know of his/her birth because of my relationship to him/her.
3. In ______________ (Month/Year) I was living in ________________ (Town where Beneficiary was Born)
4. __________________(Beneficiary) was born on ___________________ in _________________ and I know of his/her birth because of my relationship to him/her.
5. ______________________(Beneficiary) was born to _____________________________(Father's
name) and _____________________ (Mother's name).
Note: Choose either Number 6a or 6b below depending upon whichever is relevant to your case.
6a. I hereby attest to the fact that birth records for individuals born during this time are difficult if not impossible to obtain and that a birth certificate was not issued to ___________ (Beneficiary) on his/her birth.
6b. I hereby certify that the birth certificate for ______________(Beneficiary) does not mention his/her name because it was not customary at that time to include the child's name on the birth certificate.
Dated: ________________________
__________________________________
(Affiant's Name)
Sworn to and signed before me this ____________ day of ____________, _______________. (List Month and Year)
______________________________
Certifying Official/Notary Public
NOW DO YOU WANT THE GUIDELINES FORM THE FOREIGN MANUAL, that I posted in another big thread.
Does the affidavit for Birth be on Stamp paper?? All those who have obtained affidavits, please advise.
Thanks.
more...
GreenCard4US
08-31 03:59 AM
I am in a similar situation but I had worked for the GC processing employer for 6 years but switched jobs before I applied for 485. Can I invoke AC21?
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ameryki
02-13 06:30 AM
CBP at the airport mistakenly thought your wife was a permanent resident, instead of still having a pending 485. She should not this on the I-131 when applying for a new AP.
I appreciate the input above. I am getting ready to apply for her AP now held off for all these months. The change between then and now is she has gained an extension for H4 status for the next 3 years. With this change will her class of admission on AP application be H4-B or something else? If something else then will it be LPR or AP in the Class of Admission field on the form? She does not have a valid H4 visa just an extension of H4 for 3 more years based on my H1 extension and has not left the country since the last time when the CBP mistakenly assumed that she is a resident. Your help will be appreciated.
I appreciate the input above. I am getting ready to apply for her AP now held off for all these months. The change between then and now is she has gained an extension for H4 status for the next 3 years. With this change will her class of admission on AP application be H4-B or something else? If something else then will it be LPR or AP in the Class of Admission field on the form? She does not have a valid H4 visa just an extension of H4 for 3 more years based on my H1 extension and has not left the country since the last time when the CBP mistakenly assumed that she is a resident. Your help will be appreciated.
more...
snthampi
09-21 08:37 PM
I think that if he is arrested and deported, at least we have one visa number freeing up!
You are a horrible person.
You are a horrible person.
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ndbhatt
06-06 02:40 PM
This report has been removed from that site.. :)
http://www.tradingmarkets.com/.site/news/Stock%20News/2359471/
http://www.tradingmarkets.com/.site/news/Stock%20News/2359471/
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sai_srinivas
05-22 08:28 PM
Eb3
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english_august
07-09 10:55 PM
Hardly anyone has volunteered to go to USCIS with nixstor. That's sad. We are getting a megaphone to talk about our problems and yet in the entire DC area with a huge IV membership, we have just one person willing to go to USCIS.
I am kinda rubbing my eyes in disbelive right now!
I am kinda rubbing my eyes in disbelive right now!
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nlssubbu
04-11 05:27 PM
I am from Oregon, glad to be of help. Sent an email.
Please send me a PM if you want one more from Oregon.
Thanks
Please send me a PM if you want one more from Oregon.
Thanks
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sk2009
07-28 03:38 PM
mine is EB3-I PD Dec 2004 , there was hard LUD on 27th july 2008 on my approved 140 and even recieved email from uscis
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axp817
03-31 02:20 PM
On another note - I see that people are getting denials on 485 - cases like yours, and then AC21 stuff .. I am trying to understand if there is a pattern to it.
Yes, we are seeing more denials and RFEs these days, but we are also seeing more signs of preadjudication at the same time which makes it hard to tell if the rate of denials/RFEs has gone up.
In Mar 2008 for example, we saw maybe 2 485 denials on the forums, which seemed like a small number, and in Mar 2009 if we see 10 485 denials, it will seem like a large number, but you have to remember that the number of applications being pre-adjudicated in March 2008 (according to NSC, TSC processing times) were probably far less than the ones being pre-adjudicated now (since the processing times have only now reached close to or past July 2007 and we have been seeing signs of pre-adjudication activity - soft LUDs, etc.).
So if 100 applications were being preadjudicated in Mar 2008, the % of denials was 2% and if 500 are being pre-adjudicated now, the % of denials is still 2%, it just seems higher because 10 guys posting about 485 denials in a month, seems more shocking than 2 guys a month.
Of course, these numbers are all based on the assumption that the # of applications filed in July 2007 far exceeded the # of applications that were "in process" until then, and that forum members are a good statistical sample, so in the end, it is still a guess.
Godspeed to all of us.
Yes, we are seeing more denials and RFEs these days, but we are also seeing more signs of preadjudication at the same time which makes it hard to tell if the rate of denials/RFEs has gone up.
In Mar 2008 for example, we saw maybe 2 485 denials on the forums, which seemed like a small number, and in Mar 2009 if we see 10 485 denials, it will seem like a large number, but you have to remember that the number of applications being pre-adjudicated in March 2008 (according to NSC, TSC processing times) were probably far less than the ones being pre-adjudicated now (since the processing times have only now reached close to or past July 2007 and we have been seeing signs of pre-adjudication activity - soft LUDs, etc.).
So if 100 applications were being preadjudicated in Mar 2008, the % of denials was 2% and if 500 are being pre-adjudicated now, the % of denials is still 2%, it just seems higher because 10 guys posting about 485 denials in a month, seems more shocking than 2 guys a month.
Of course, these numbers are all based on the assumption that the # of applications filed in July 2007 far exceeded the # of applications that were "in process" until then, and that forum members are a good statistical sample, so in the end, it is still a guess.
Godspeed to all of us.
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cvk90
06-23 10:31 PM
My attornies (big firm...working for Fortune 500 company) says that dates could retrogress anytime i.e. on 15 July 07, dates could move back several months and the chances of that happening are very high. My advise is to have your spouse cut the vacation short and return asap...! You need to file ASAP.
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anand622
03-24 11:08 AM
Even I am in the current situation. we can discuss or email
i have spoken to a couple lawyers so we can exchange options
i have spoken to a couple lawyers so we can exchange options
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aquagirl
05-22 10:54 AM
I recently got my confirmation number from HDFC after paying $100 application fees. When I tried to take a date after filling out all the forms online on the vfs website, the system does not show any appointment November 06 onwards for New Delhi, it says: No appointment available for this month. I have to go to India in Dec and for that I have to get my H-1 stamped as this is my first time out of the country after getting an H-1.
Another Q I have is, since its both my husband and me who are going to get the stamping done, can we take 1 appointment and get our visas stamped together or do we have to take seperate appointments(we have paid for 2 visa applications).
Third Q is, my H-1 has just been filed last week and I don't know when my petition no. will come. In order to take the visa appt date, I have to enter my petition no and expiration date in the system. Does anyone know if I can take my appt without the petition no. and provide it as soon as I get it?
Thanks.
Another Q I have is, since its both my husband and me who are going to get the stamping done, can we take 1 appointment and get our visas stamped together or do we have to take seperate appointments(we have paid for 2 visa applications).
Third Q is, my H-1 has just been filed last week and I don't know when my petition no. will come. In order to take the visa appt date, I have to enter my petition no and expiration date in the system. Does anyone know if I can take my appt without the petition no. and provide it as soon as I get it?
Thanks.
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seahawks
07-11 08:47 PM
Lets all focus our energies on a common cause. I understand feelings and we do vent and we do find interesting articles to quote from and I know there is no bad intent. However we need lawmakers to fully understand our cause. Its the simple theory "why do you I have to care about you, if you are looking ways to have laugh at me":) Pen is mightier than a sword is the common phrase, in this case "keyboard" is! Have fun and did I hear CIR is dead, I know there will be something in the form of immigration bill passed before the election based on all I read and it won't be an enforcement only bill. They are having hearings around the country, something will work out for sure, at least thats what I hope for.
GCOP
09-24 11:49 AM
This was just a proposal for EB visa Recapture First and then FB Visa Recapture, as nothing is passing in the current form of the bill. I think we have discussed this proposal enough, Please Close this thread.
mallickarjunreddy
07-05 04:43 PM
labor Substitution ....Heloooo!!!!
Hey its give and take rite , if he bought the labor and or abused the system
it was there to be abused , i know gaziiilllion other people who bought labor and now have GC so dont go after this guy if u want go after the ones who provide such kinda services viz a viz desi employers who by the way are laughing all the way to the bank
Hey its give and take rite , if he bought the labor and or abused the system
it was there to be abused , i know gaziiilllion other people who bought labor and now have GC so dont go after this guy if u want go after the ones who provide such kinda services viz a viz desi employers who by the way are laughing all the way to the bank
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