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GEEGEE

07-24 10:10 PM

Hello,

I too have the same problem, have sent the documents for filing I-485, mostly it will be filed before 17th Aug 2007. My passport is expiring on Dec 2007. I had sent it for renewal.

Will that be ok to file I-485 with old passport which would be expiring in Dec 2007?



thanks..

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SeanDell

05-29 05:26 PM

Thanks for your reply Morchu. I want to have some further clarification here:

1. Yes. Most countries need 6 months validity on passport from the date of entry. Some countries are exempt from this rule.
The US Embassy has this pre-requiste of 6 months validity when applying for US Visa but I have no knowledge of any document mentioning this 6 months validity requirement at the US POE. Can you please point me to some source?

2. Usually you keep the same I94.
3. Not necessarily. But be prepared to answer questions. If you are unable to prove your intention to be permanently residing in US, upon US GC, that can be an issue.
How to prove this intention? Aren't proper H1B Documents, Employer Letter/ working in US enough to prove this intention? My question is as I will be using H1B documents to renter US at POE (not I-485 related documents i.e. Advance Parole), can that still be a problem?


Basically you have to claim that you have proper intentions now, and at the time of applications of canadian PR and US GC. Also you have to claim that you plan to reside in US permanently if you receive US GC.

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Steven-T

February 23rd, 2004, 07:48 AM

That's why I only buy from B&H when there is no otehr choice.
Not this case, not yet.

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raajpagare

07-13 05:14 PM

I have taken filights to Indore from both Mumbai and Delhi. There is not much difference per say, both of them provide you the shuttle to domestic airport. The delhi shuttle takes slightly longer (like 10 mins more). Both places have good facilities to wait too.

So I guess take whichever is cheaper.

One important point to remember though is that if you are travelling in Dec and Jan, Delhi does get a lot of fog and flights get delayed. So if your domestic flight got delayed, you might the international one or if the international one get delayed then you might be stuck in delhi for a while. I got stuck there for a day (although the airline provided nice accomadation).

So if going in Dec or Jan, choose Mumbai.

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man-woman-and-gc

01-18 01:15 PM

The USCIS procedures do not follow any logic....all of you need to join the Letter Campaign started by IV if you have not already.

That is the only ray of hope that I can see for now.

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webm

02-04 07:18 PM

Which messenger and can you point the url?

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EkAurAaya

06-01 06:18 PM

It doesnt matter at what day you apply, there are a lot of applications "pending" from before that will take up the "available" visa numbers, we still have to go through name check and other stuff that takes forever :D its a black hole all you can do is pray and hope your application gets looked at soon and the visa #'s stay current for atleast another 3 months.

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qualified_trash

07-11 12:36 PM

I prefer that people who do not know how to run a business stick to option 2.

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Coppertop

10-05 09:10 PM

That's ok, I read the rules.

Thanks K!

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dealsnet

02-24 08:57 AM

Easy way is let her go to India and stamp H-4 based on your approved H1 ASAP.
All other process takes time. This will take less than 2 weeks.

My wife didnot apply for green card yet. I have EAD and AP. Since dates are not current my wife couldnt apply for GC

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indrajal

11-02 04:46 AM

I have the exact same problem. i have been working over at USA for past 5 years and i have renewd my visa without any problems. since last year i changed my company and went to delhi consulate for visa renewal. i assumed it would be a routine renewal but i got a green slip i.e. 221(g). a lot of people in my line seemed dejected as well.
now they asked me to bring following documents:

1. I-797, LCA and other documents
2. letter from end client, itinerary of services and contract.
3. petitioner's fed tax returns for last two years.
4. in the others section they asked me to get employment contract, petitioner, vendor, client contracts.

my question is the line 4. If anyone can help me regarding this then i will be forever grateful.

please tell me what is Employment contract, Petitioner , vendor, client contract?
i have return flight booked next week. Please help

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mnkaushik

07-19 08:20 AM

I am not entirely sure but there is a provision called "Follow to Join" that allows you to apply for spouse's 485, 6 months after your 485 is approved. The only condition you need to satisfy is that you should have married your spouse before your 485 approval date. Ask your lawyer about it. I think you should be fine. About legal status since your spouse's 485 is rejected and ur h1 is invaldiated due to your 485 approval, i dont know and you need to aks your lawyer about it.

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neoklaus

10-21 09:42 AM

I am working on H1B. Recently what has happened that my family lives in state A, and I am working in state B. My family could not move to state B because my sone is going to school. I have to pay alot of expenses to go back and fort from state B to A, like air ticket and cab ect. I talking to my compnay regarding this and they said that whatever are my expenses submit to every month end and he will send a check for those expenses which will be pre taxed amount. i.e. if my pre taxed salary is $ 5000 per-month , if I submit expense statemet for $500. Then my employer will send a check of 500 and paystub i.e. direct deposit after applying tax on $4500.

I am not sure whatever he is suggesting is good tyhing to do and it will not have any problem for me.

If you made a correct explanation then: 1. You will end up with $4500- of wages PLUS $500 of reimbursable expenses. Therefore only $4500 will be taxed.
You should to make sure that in your Form W2 ( 1. Wages, tips, other compensation)for 2008 these $500 will not be shown: reason- you will be taxed only on $4500 but your income will be higher so you will may end up with additional taxes owned- that depends on you Income).

That scenario is OK if your total salary is not an issue for you.

For you Employer paying to you $4500 Plus $500( reimbursable) is much better
cause he will pay company taxes only on that $4500 and not on $500.

There could be other ways to resolve this problem. Depends on your employer
willingness.

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jonty_11

01-02 01:49 PM

Thanks for the info but my question is about multiple I-485 filing...

Is is legally possible to do that ? If one could do that, will it create I-485 processing complicated ?

Thanks
GC application is for future employmnet - so u can theoritically not join ur employer until ur GC is completely through. But how many employers will be willing to take that risk , esp. mom-pop shop Consultancy firms.

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painful_GC

05-05 01:32 PM

Hi ..Many thanks for the response..i am planning to apply for COS to L2 as my H1 is still pending for a while..could you please confirm me the requirements/documents need to be attached..

1) My H1 reciept copy
2) L1 B of primary reciept/approval notice
3) Employment letter from primary..

could you please shed some light on this ??

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panky72

10-01 10:01 PM

If they deny her H1 B visa can she re-apply for H4 again or would this be a issue as well?


I cant answer your other Q's but I believe that she is still eligible for H-4 visa based on your H-1 status. I don't know if you can apply right away or wait until their enquiry is complete.

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53885

08-16 07:20 PM

According to the EAD, she can work. She has TIN number, but I am not sure if she can use that...

TIN is not SSN. Employer would need SSN.

I guess we need another tracker for those who received EAD, but no SSN.

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EBX-Man

04-30 02:31 PM

Hi,
I am lost trying to find information on this.

Here's the situation for adding my wife to my I-485 application (we are from India). We DO have her 100% correct birth certificate we got issued last month.

However, since the issue date on it is April 2011, our lawyer insists that we need affidavits from her parents as well (perhaps to avoid RFEs). Further the lawyer insists that the Foreign Affairs Manual for India states that these be sworn in front of a first class magistrate of India.

When her parents went to the local court and request the first class magistrate, the court officer is demanding that we have a sealed copy of the requesting authority (USCIS) that clearly states that a first class magistrate's signature is required!

Questions:
(i) Is the affidavit supposed to be sworn in front of first class magistrate? Even if we have a corrected birth certificate?? Or can it be signed by an 'Executive Magistrate' or maybe even just notarized??
(ii) If yes, did someone else face a similar issue?
(iii) If yes, is there a USCIS document I could send to satisfy their demand?

I did try to find a USCIS document but all it states is that ... IF the birth certificate is unavailable ... then "sworn affidavits" need to accompany non-availability certificate from a competent local government authority.

Please advise :(

PS: FYI, they went to the Palghar court in Maharashtra, India.


The rule is

If you dont have a birth certificate
- You need affidavites from both parents

If you have a birth certificate issued after 1 year of date of birth
- You need affidavites from both parents

If you have a birth certificate issued within 1 year of date of birth
- You do not need affidavites

Dont worry i applied for birth certificate in 2005 in india and submitted that along with affidavites from parents and the documents were accepted

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punjabi77

10-09 11:08 AM

thanks for your response..

But i am still not convinced that one can keep both PR as well as GC.

I am quite sure that there are many people on this forum who must have applied for PR as well as GC and now got their GC.
Someone please provide some information..

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waiting4gc

10-24 04:56 PM

Try Rajeev Khanna. He has helped me tremendously overcome false labor denial and has helped answer two of my friend's queries. He is a little expensive but well worth it.

Can you please suggest any good lawer for this. I talked to my lawer but he said I have to wait for the dates to be current
Thanks,

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kennyc

May 25th, 2005, 06:37 AM

Thanks for the comments guys. I appreciate them.

KAC

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