crazyghoda
10-29 06:21 PM
I got someone who left this comment with the red - " Helpful Answer Negative Rating"
This must the 3rd time I have had someone give me a red for answering questions and helping this community.
I think I am done hanging around this forum helping out a bunch of morons who probably believe they can get a green card by giving others reds. Adios !
There is no TDS for any funds held in NRE savings or CD accounts.
This must the 3rd time I have had someone give me a red for answering questions and helping this community.
I think I am done hanging around this forum helping out a bunch of morons who probably believe they can get a green card by giving others reds. Adios !
There is no TDS for any funds held in NRE savings or CD accounts.
wallpaper Ruper Grint Now Recovering
raysaikat
08-15 11:20 AM
I am not sure I understand. My wife resides in Mumbai. She had her h1 stamped there some time back around 5 years. That h1 she used and is gone now. Now she applied for h1 in fresh qupta since she was out of us for more than one year. Right now so where should we go for stamping. Shes in us with me on h4. Can we go to canada?
Yes, you can go to canada for visa stamping. Note however that the canadian US consulate might require "security clearance" and then your wife will be stuck in canada, typically for months. Although chances are slim, such events do happen, and therefore it is advisable to go to the home country (non-home country consulates issue 221(g) more frequently) or at least to a place where your wife can afford to stay for months.
Yes, you can go to canada for visa stamping. Note however that the canadian US consulate might require "security clearance" and then your wife will be stuck in canada, typically for months. Although chances are slim, such events do happen, and therefore it is advisable to go to the home country (non-home country consulates issue 221(g) more frequently) or at least to a place where your wife can afford to stay for months.
saps
03-16 03:44 PM
We are in the same boat. We also filed our I-485 separately through our respective employers but we have not requested to merge the applications yet. From my consultation to an attorney, you have following options:
1. If you already have receipt numbers for your case, you should send the copies of your I-485 receipt notice and approved I-140 along with your spouse's application. Attach a cover letter requesting to append your spouse's file with yours. That way, you don't have to do a separate step of letting USCIS know later on. Don't forget to include a copy of marriage certificate.
2. In case you do not have receipt numbers for your case (which was our case), your spouse can fill out his/her application and then wait to receive notice receipts for both of your applications. Notify USCIS about merging your applications. From my understanding, there is no way of confirming if the files were merged so this doesn't gurantee that they will be merged.
or
You can wait till one of you get your green card approved. Once you are approved, you can take an infopass apointment and request spouse's adjuciation based on your spouse's approval and your pending application. Not sure , but you can also file follow to join (which takes 6 months) for the other member to receive GC once you have one approved GC in hand. You don't have to depend on PD after this.
I honestly recommend taking a second opinion from attorney and would really appreciate if you can share what your attorney recommends.
Hope this helps!
Thanks
1. If you already have receipt numbers for your case, you should send the copies of your I-485 receipt notice and approved I-140 along with your spouse's application. Attach a cover letter requesting to append your spouse's file with yours. That way, you don't have to do a separate step of letting USCIS know later on. Don't forget to include a copy of marriage certificate.
2. In case you do not have receipt numbers for your case (which was our case), your spouse can fill out his/her application and then wait to receive notice receipts for both of your applications. Notify USCIS about merging your applications. From my understanding, there is no way of confirming if the files were merged so this doesn't gurantee that they will be merged.
or
You can wait till one of you get your green card approved. Once you are approved, you can take an infopass apointment and request spouse's adjuciation based on your spouse's approval and your pending application. Not sure , but you can also file follow to join (which takes 6 months) for the other member to receive GC once you have one approved GC in hand. You don't have to depend on PD after this.
I honestly recommend taking a second opinion from attorney and would really appreciate if you can share what your attorney recommends.
Hope this helps!
Thanks
2011 quot;Deathly Hallows Kissquot;
myan88
03-30 11:08 AM
Your lawyer is right. People are taking advantage of portabilty of PD in multiple 140s. However, they are forgetting fundamental of 140 sponsership. Your employer already filed a 140 for a higher level position (EB2) and now requesting again USCIS to approve a 140 for a lower level position (EB3) for same employee with in a months. How will you justify? Howmany job offer your employer can give you? Is there any logic involved, for a person already given a higher level position, to take a lower level position. In the eyes of USCIS, it will defintly looks like your employer is doing fraud and there is no genuine job offer to you. If it is otherway, it may not look bad. If your first I-140 was EB3 and second one is EB2, then there may be a logic.
Yes, what you said is exactly the attorney is concerned. I do know that there are a lot of such cases got approved without any problems. But if my employer refuses to cooperate with this excuse, definitely he is not wrong on the legal base, although the employer promisesed: we will try to get your gc as quick as possible.
But how do you think if in the cover letter, we tell USCIS that the purpose of filing this 2nd EB3 140 is to carry over the PD? We can explain the background why we have to do it -- first EB3 labor pending in DOL for 3 years, PERM system came as quicker way and got EB2 approved quickly but encountered visa quota retrogession. If we told USCIS everything, do you think it still cause fraud issue? Because definition of FRAUD is: intentional perversion of truth in order to induce another to part with something of value or to surrender a legal right. It really depends on USCIS officer to judge it case by case -- may be denied or approved.
I know one attorney processed similiar case and got RFE to be questioned: why do you apply EB3 after EB2 is approved? The attorney just honestly answered RFE: the beneficiary need the earlier PD. Then this EB3 140 case got approved quite quickly.
Yes, what you said is exactly the attorney is concerned. I do know that there are a lot of such cases got approved without any problems. But if my employer refuses to cooperate with this excuse, definitely he is not wrong on the legal base, although the employer promisesed: we will try to get your gc as quick as possible.
But how do you think if in the cover letter, we tell USCIS that the purpose of filing this 2nd EB3 140 is to carry over the PD? We can explain the background why we have to do it -- first EB3 labor pending in DOL for 3 years, PERM system came as quicker way and got EB2 approved quickly but encountered visa quota retrogession. If we told USCIS everything, do you think it still cause fraud issue? Because definition of FRAUD is: intentional perversion of truth in order to induce another to part with something of value or to surrender a legal right. It really depends on USCIS officer to judge it case by case -- may be denied or approved.
I know one attorney processed similiar case and got RFE to be questioned: why do you apply EB3 after EB2 is approved? The attorney just honestly answered RFE: the beneficiary need the earlier PD. Then this EB3 140 case got approved quite quickly.
more...
NikNikon
September 7th, 2006, 05:37 PM
I guess I was doing this technique before I knew it's offical name, here's the last shot I recall.
http://www.dphoto.us/forumphotos/showphoto.php/photo/40657/ppuser/931
Silly me, I did it the hard way, hand held. :confused:
P.S. Jeff, don't feel bad, I started out with one of those cheap Wal-Mart tripods too. Now that I have a good one the old cheap one comes in handy for my remote flash. So don't throw it out you may be able to reuse it one day.
http://www.dphoto.us/forumphotos/showphoto.php/photo/40657/ppuser/931
Silly me, I did it the hard way, hand held. :confused:
P.S. Jeff, don't feel bad, I started out with one of those cheap Wal-Mart tripods too. Now that I have a good one the old cheap one comes in handy for my remote flash. So don't throw it out you may be able to reuse it one day.