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  • techskill
    01-04 12:19 PM
    Hi,

    Can someone please tell me the entire process involved to bring parents to U.S as Visitors.I know few things but am very confused about the documents we need to send and needed application forms .

    I went through vfs site for required documentation (I know we should book the interview date through vfs-usa site.)

    They mentioned DS-156 and I-134 forms. where to get these forms from?
    What are the documents that should be sent from U.S
    What about the financial support proof. Should we show specific amount as proof of support for each person visiting?

    Please Advise.
    Thank you.


    For the DS-156 and I-134 forms you can download it from travel.state.gov.

    List of reqd docs from US:

    Couple months of your paytubs
    Last 2 years of W2.
    Full Passport copy.
    Employment letter.
    Bank statements showing the balance (from the date account is opened).
    your status in US( say I 797 approval notice and I 94)




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  • mpsamant
    07-19 10:58 PM
    As per the last revised visa bulletin, the extension period for filling I-485 is Aug 17. But it talks about only I485 and not about I-140.

    So can anyone confirm, if one can file I-140 and I-485 concurrently from Aug 1 to Aug 17.




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  • bbenhill
    02-27 02:48 PM
    either way .. you can not file because I485 because ur PD is 2008, so need to wait for awhile (not sure when). please check visa bulletin every month. if it reach your PD then you can file for I485.

    ps : give me green if this helps.

    Thx


    Mr Haider

    Please give the entire facts of the case before asking for advise.
    1. You said your I-140 is cleared, that means u might be working currently or did they apply as future employee
    2. What does your master's have to do with your EB3 application? if you already filed in Eb3 and your date is current there is no point in waiting for completion of the masters and then filing in EB2. Either the attorney is drunk or you are not giving the entire information.

    Please give all relevant info and hopefully somebody can guide you. If you feel your attorney is messing you up, you can file for your 485 by yourself if you company agrees.

    either way we need more details to help you dude

    - cheers
    kris




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  • saps
    01-09 12:18 PM
    Thanks for everyone's help. I would give you a green but I don't know how to...If you could tell me ..



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  • xela
    11-13 09:26 AM
    so in August there were 3999 waiting in 2001, 2075 in 2002, 4769 in 2003 and 6370 in 2004 then in 2005 its 14 678.....

    so really we should be in 2003 by now............




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  • dhesha
    08-14 02:53 PM
    Hello Guys,

    I have E-Filed for EAD renew on jne 27th and have sent all the supporting documents the following day. But on Aug 6th recieved an RFE for the photos I haven't sent along with the documents and asked me submit 2 color passport photos. It was my understading that I don't have to send the photos while E-filing since they will be taken at the bio-metric appt. I am done with my bio-metric appt. Do i need to contact USCIS about this or is there any thing you guys can suggest me.

    Regards
    Vijay

    p.s I have already responded to the RFE with 2 color photos.

    Some times we need to think ahead!!. I sent all the stuff (Including the one they asked not to send) and got EAD on time :-)



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  • kondur_007
    09-15 11:17 AM
    Hello,

    My wife got her H1B approved last year and her start date was 10/01/07. She started working towards the end of Nov. She did not get any paychecks for 2007 before Dec 31st and started getting paid only in 2008. So she did not receive a W2 for 2007. I am about to file my tax for 2007 (had filed an extension) and would like to know the following.

    1: I assume this should not impact me from filing a joint return. Am I right ?

    2: Would I qualify for the stimulus check for $1200 since both of us were employed in 2007 ? Since she did not get a W2, I was not sure if I would get only $600.

    3: Both of us have filed for I-485 and our applications are pending approval. Would there be any problem with her I-485 in the future (like any query) since in 2007, her status was converted to H1B (from H4) and she did not get a W2 ? I am being told USCIS does a complete background check on the applicant with respect to each status he/she has had.

    Thanks in advance.

    First of all, do not confuse tax filing and immigration! These two are totally different ball games.

    As far as tax filing goes, here is what i can tell (to the best of my knowledge):

    1. Yes, you can file joint return. But for the purpose of the tax return, your wife will be considered "not working"; as she did not get W2 for 2007. (unless you have any other forms to show the income; e.g. 1099MISC etc).

    2. Stimulus payment: I am not sure exactly how much you will get; just check with the tax-preparer (or the software, most softwares will tell you). But even for this purpose, your wife will be considered "not working" as she does not have any income to show.

    3. Now your third question is related to immigration. Here is what I have to say:
    Your wife was "out of status" during the time period that she was on H1 status but not being paid. While you are on H1 status, you are supposed to work for the sponsoring employer and employer is supposed to pay you the salary mentioned on the LCA. If both these conditions are not met, you are "out of status" (but still legally present in US).
    Under section 245(K) USCIS will "forgive" upto 180 days of being "out of status"; so those days during which your wife did not get paid will count towards those days. Make sure that she did get paid full salary as mentioned on LCA from January 1 onwards; otherwise she will accure those days towards 180 days limit.
    What can be done for this? three ways to straigten this up:

    1. go outside US and return back with a new H1 visa stamp (those 180 days count from the day of latest legal entry); this wipes off all the days accured towards 245(k); risk is: what if the visa stamp is denied- because she was out of status.

    2. File a complaint against the employer; it is employer's responsibility to pay her. This will sort of work towards your advantage if something comes up in future. (showing that you did all you could to not have this happen).

    3. if total days that she was not paid or paid less than LCA is 180 days or less; you may decide to do "nothing" as you will be protected by 245 (k) and make sure not to accure any more days.

    Good Luck.




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  • redgreen
    08-09 11:40 AM
    Have you put a last date for cashing, on your check?? I just want to know how to do it?
    Anyway why did you put this Aug 17th as the last day in your check? It looks like you have some extraordinary vision on things....
    Thanks for your wisdom and help to the IV community.


    Anybody with July 19th receipt date got their Check encashed? How about Receipt Notice? EB-3 India.

    I am worried about checks not being cashed yet. After Aug 17th the window is closed.



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  • siddar
    01-05 04:40 PM
    If she has the H4 stamped, with the validity 06/09 then she can enter using the H4.

    my 2 cents.




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  • sammyb
    05-02 09:54 AM
    Read this on recent news letter ...

    MurthyDotCom : I-485 Approvals Possible - Impact on Spouse / Children (http://www.murthy.com/news/n_spochi.html)

    seems same as your case ... you spouse needs to be back into US and filled AOS application before you AOS is approved and you loose your Non-immigrant status ... this is a bit tricky situation - specially to time everything so that no one loose the window of opportunity ... so would suggest you to plan accordingly ...



    Hi,
    Note: I have already posted this on the "Ask an attorney" forum, but I would also like some input from the experts here.
    Thanks.

    Onto the issue:
    My wife(on H4, no 485 filed) is going to be out of the US for the next couple of months and I need to know the effect of my 485 PD becoming current (and approved) during this time. The following are the details of the situation.

    My 485 is pending with a PD of Dec 06 and I am on an H1B visa. The 485 was filed before I got married, so my wife is currently on an H4 and has not been able to file her I485. She will be traveling outside the US for the next couple of months. From the visa bulletins I have been seeing over the last couple of months, it looks like there is a slim chance that my PD will be current.

    One of the options as I understand is that she could travel back as soon as the PD's are announced and if we know that the PD will be current in the next month. At this point she could file her I485.

    My question is about what the options are if she is unable to make it back to the US in time. i.e. she is outside the US and my I485 is approved which means she cannot travel back on the H4 (as its not valid). What are the timelines we will have to deal with if she has to stay outside the US to have her I485 equivalent filed through a consulate? Is there anyway she can travel to the US once my 485 is approved?

    Thanks.



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  • elaiyam
    04-05 10:03 AM
    It should not be a problem for EAD/H1B

    FHA Handbooks (http://www.fhaoutreach.gov/FHAHandbook/prod/infomap.asp?address=4155-1.4.A.3)

    See the section: c. Non- Permanent Resident Aliens




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  • muthukmk
    08-03 05:54 PM
    Hi all,

    My job duties are in fact the same and there is no change. My compay lawyer had incorrectly filed as EB3 as my initial job position said bachelors plus 2 years of work experience. I had five years of experience before joining this company.


    Regards,



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  • uslegals
    11-05 02:42 PM
    My EAD & AP application reached NSC on 8/7/2007..TODAY - 11/5 is the 90th. day.! I am done with FP 2 weeks ago. 90 days is counted from " RECD. DATE " right and not
    " Notice Date..." ? Since USCIS is supp. to process EAD's within 90 days and they have not for me - i am planning to take INFOPASS appt for EAD.! Can i schedule a AP appt. for the same day.?




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  • GCWhru
    11-15 11:29 AM
    which city in TN?


    Memphis



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  • sankap
    07-20 02:36 PM
    Yes, we've been using our marriage affidavit all along--including for getting PR and citizenship of country X.
    hey, so you got h4 by just producing marriage affidavit and not marriage certificate?




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  • InTheMoment
    08-02 11:00 PM
    Tina,

    ...and where did you hear this untrue fact that with an Indian PP and US GC you can travel without a visa to "any country"!!

    You have an Indian PP that is the main decisive factor whether you are eligible for visa free/visa on arrival travel for 99% of the countries. (Canada, Mexico and some carribean islands being the ONLY exception. Switzerland had visa free travel till late last year when they changed to Schengen so now you need a visa there too!).



    For almost all countries your country of citizenship matters, your GC status has NO bearing.


    Got it ?



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  • chantu
    01-15 11:16 AM
    I have one question that I will post here. I do not want to open a new thread.

    I am inviting my in-laws and I filled their DS156 forms online. After filling everything, it generated the pdf file of DS156. In that pdf file, there is one section in upper right hand corner called "DO NOT WRITE IN THIS SPACE". Under that section there is a line (fill in the blanks type) starting with "On ______ by _____ under section 214(b) 221(g) ".

    Now after generating the pdf, the appointment date was automatically put into this section. Example: "On 01 January 2009 by ......".

    I am worried why they put the date there and the date was not there when I took appointment for my parents. I also checked my collegues parents DS156, and the date was still not there. It is Mumbai consulate.

    Can somebody please confirm if they had similar experience and they got their parent's or in-laws visa granted??

    Thanks.




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  • rajuram
    04-26 10:16 PM
    does anyone know when CIR will be discussed in the house and in the Senate?




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  • edd
    02-05 05:36 PM
    Hi,
    I am also in the same boat. only spouse received the notice. So did you go FP along with your wife? would appreciate your input on this one




    sobers
    03-27 11:20 AM
    Talks about skilled immigration...

    Kudos to IV for all their efforts!!



    The Other Immigrants
    March 27, 2006; Page A16

    Lost in the heated debate about the future of millions of illegal laborers in the U.S. is that our system for admitting foreign-born professionals is also in tatters.

    While globalization has increased the competition for international talent, U.S. businesses are frustrated by processing delays, long backlogs and especially the failure of Congress to increase the annual limits on visas for skilled immigrants. The Senate Judiciary Committee is scheduled to resume its mark-up of Arlen Specter's immigration bill today. And the good news is that it contains long-overdue provisions for hiring more of the foreign professionals who help keep our economy competitive.

    Under Mr. Specter's proposal, the annual cap on H-1B guest worker visas for immigrants in specialty fields like science and engineering would rise to 115,000 from 65,000. Moreover, the new cap would not be fixed but would fluctuate automatically in response to demand for these visas. We don't think any cap is necessary. But if a Republican Congress feels it must impose one, the least it can do is let market forces have some say in the matter.

    Another important reform addresses foreign students who want to work here after graduating from U.S. colleges and universities. It doesn't make a lot of sense in today's global marketplace to educate the best and brightest and then send them away to England or India or China to start businesses and develop new technologies for U.S. competitors. But that's exactly what current U.S. policy encourages by limiting the employment prospects of foreign students who would rather stay here.

    Mr. Specter would let more foreign students become permanent residents by obtaining an advanced degree in math, engineering, technology or the physical sciences and then finding work in their field. It's unfortunate that the U.S. isn't producing more home-grown talent in these areas, and the fault there lies with our K-12 educators and their political backers who tolerate poor performance. The reality today is that the U.S. ranks sixth world-wide in the number of people graduating with bachelor's degrees in engineering. Jobs will leave the U.S. and our economy will suffer if bad policy limits industry's access to intellectual capital.

    Anti-immigration groups and protectionists want to dismiss these market forces, arguing that U.S. employers seek foreign nationals only because they'll work for less money. But it's illegal to pay these high-skill immigrants less than the prevailing wage. And employers are required to document their adherence to the law.

    According to a new study by the National Foundation for American Policy, our broken system for admitting foreign professionals also contributes to outsourcing. Since 1996 the 65,000 annual cap on H-1B visas has been reached in most years, sometimes only weeks into the new year. This leaves employers with the choice of waiting until the next fiscal year to hire workers in the U.S. or hiring people outside the country.

    "Many companies concede," says the report, "that the uncertainty created by Congress' inability to provide a reliable mechanism to hire skilled professionals has encouraged placing more human resources outside the United States to avoid being subject to legislative winds." Last week computer maker Dell Inc. announced that it hopes to double its workforce in India to 20,000 within three years. There's another such announcement by some company nearly every day.

    This weekend's big-city immigration demonstrations focused on the debate over the estimated 11 million illegals already in the country. But the U.S. labor market has also long been a magnet for highly skilled and educated foreigners, many of whom attend school in America at some time in their lives. In a world where these brains have more options than ever in Asia and Europe, we drive them away at our economic peril.




    ab_tak_chappan
    09-10 11:11 AM
    Glad to see our EB3-ROW friends making some headway!
    Lets congratulate and feel happy for them instead of crying
    Category India Most Other Countries

    E1 Current Current
    E2 1 April 2003 Current
    E3 1 July 2001 1 January 2005



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