Thursday, June 9, 2011

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  • omved
    08-15 01:54 PM
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  • neelu
    07-17 12:17 AM
    Hi Kanaka,

    Unfortunately, any medical exams/tests conducted in India and any documents resulting from such are not valid.

    Your best bet is to bring your family back and respond to the RFE with documentation based in the US.

    Hope this helps.


    Hi,

    My wife's I-485 got a REF and I have received the alert. I have not received the actual document. When we went for medical exam in 2006, she was pregnant and one of the vaccine was not given. I am expecting the REF would ask for the remaining tests.

    Right now my family is in Hyderabad, India. Is there any provision in Hyderabad to complete medical exam ? or I need to bring them back to US ?

    Thanks for the help.

    Kanaka





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  • GLIX
    02-23 07:37 AM
    so how long did it take for them to approve your 485 from the time you had your fingerprinting done.





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  • ganguteli
    03-22 01:13 AM
    Your experience in current job may not add up as experience.

    But do not go by that. What is the requirement of the job for which labor will be filed?



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  • raysaikat
    09-05 05:00 PM
    What is the reason your university cited for their position that you might be violating J status? Can the training you are seeking be construed as a professional training (even if you may choose to use it as a hobby)? I sort of recall that flight instruction schools could issue I-20, which would imply that those courses are considered professional courses. If that is the case, then you might indeed be violating your J status. On the other hand, if you can show that the course you will that cannot be used as a professional course, e.g., that course cannot fulfill credit requirements towards becoming an instructor, or a pilot who can fly cargo and/or passengers, then you should be alright.





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  • h1techSlave
    04-09 09:50 PM
    In my opinion, you should deal with the seller directly with out an agent only if you know the seller personally. Say you want to purchase a house from another IVan, you can do that with out a middleman (Realtor) :)

    But you would still need a settlement agency and a lawyer (usually arranged by the settlement agency). And it is advisable to get the loan thru a loan agent.

    So what is the roler of a broker/ real estate agent for a buyer.

    If I choose to deal directly with the seller, what are the things I need to do myself and can you explain the "attorney" part that you mentioned.

    Thanks



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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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  • HV000
    01-15 12:51 PM
    $1000 is a lot for Premium Processing and VSC is profiting a lot from this. They are running a business for sure....
    Its only extensions which are a long time.



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  • gchope2k6
    03-17 12:16 PM
    Hello all,

    Me and my wife are planning to buy a home, we are in 485 stage and both are working and have EAD. Do you think there can be issues for getting a joint loan on EAD ? I still have my H1, but my wife never had an H1 before, so she is working on EAD. Do lenders consider EADs for mortgages ? Did you have any issues with this ?

    Thank you.





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  • a_yaja
    12-16 05:45 PM
    Why do you want to get the visa stamped for your old employer (Employer A)? The Chennai consulate will know that you have a newer H1B with a different company. Your attorney is correct in that joining Employer B as soon as returning from India shows false intent. USCIS could interpret that as fraud and you could be putting your GC at risk (this is just an extreme possibility - but anything can happen).

    You should get visa stamp for Employer B when you are in Chennai. The embassy will only want proof of legal status in the US - not the paystubs from the company that you are going to work for (If that is the case - then no one will be able to come to the US for work on H1B - as they will not have any paystubs from the company that they are going to work for).

    Couple of years back I was in a similar situation, I had already taken interview with the Chennai consulate and provided details of I-129, etc while taking the appt. However, 45 days before going to India, I changed my job and got H1 done through premium processing. I had to only fax details of my new I-129 and other documents to TTS (it was TTS at that time) and they made the relevant changes in the system. I went to the interview with only one paystub from new employer and the remaining from the old employer. At the consulate, the office asked me only for the latest pay stub. I asked him if he wanted the latest from old employer or the single one from the new employer. He said give me whichever is the latest. I handed over the single paystub from new employer and that was it. The total time in front of the visa office was less than 2 minutes for me and less than 30 seconds for my wife.

    Don't complicate your case unnecessarily. Just get the visa based on the new H1B. The consulate will know about the new approval. If you lie to them, they will deny your visa. This might even prevent you from re-entering the US even if you have AP (since fraud is a valid reason to deny entry into the US).



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  • manderson
    08-08 11:32 AM
    damn! i have the same issue. will u pls post the answer when u have it.

    my laywer doesn't know what to put and my employer is not cooperating!





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  • avi101
    07-11 11:29 AM
    Well said, logiclife. But from what I know, such employers just open up another company, not in their name, but their spouse or sibling or such and operate behind the scenes until its safe to come out. Other strategies they employ, send payment checks to employees old address on file knowing for sure that its gonna come back thereby delaying the process more.

    The other side to the coin is that many times benching is an unholy marriage of convenience between the employer and employee. Employee does not want to go back and does not want H1 revoked and stickes a deal with employer. So its not always the employer at fault.



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  • map_boiler
    07-18 09:26 AM
    I don't understand why you don't want to depend on I-485 as the only source? If it is a straight forward case, there should be no issues. Your husband can be on EAD and there is no need for him to be on a "365 day exile", as you put it. Unless of course, you're worried that the labor sub I-140 could be denied?



    I dont want to depend on pending I485 as the only source. I want each of us to have status independent of it.

    I do understand that he can apply H1 only in Apr 08 and start working from Oct 08.

    I am hoping a short visit will not reset his 365 day exile. One more query I have is can he leave US for around 10 days immediately after applying for I485. Should he apply for AP along with I485 or should he wait once he comes back after his short trip on a valid L2? Will it be OK ?





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  • chanduv23
    02-26 12:37 PM
    Congressman - things can move quick and you can get personalized attention.

    Senator - things may be a bit slow because they handle the entire state.

    How your case can be treated - there is a trick that I would like to share.

    For any politician it is in their best duties to help their constituent and that too a law abiding tax paying constituent.

    For any staffer at their office, it is best for them to be of help to the constituent because they get brownie points.

    You must present yourself and your case with a lot of humility, clarity, easy language, proof of documents, and words of praise and humble request for help - then you can actually see that things do work.

    USCIS has an internal liason called congressional liason and all congressional enquiries are routed carefully through that liason. It is in best interest of the liason to make sure they do everything right and come back with a responsible answer. Most times thei entire process is made visible to you via emails copied to you or printouts of conversation or sometimes the liason asks you to come to their office and talks to CIS in your presence.

    This is not like Infopass where you can expect only luck to help you.

    Another option is to approach the Ombudsman. Ombudsman's office is slow, but it is effective too.



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  • hojo
    09-06 07:12 PM
    what he said.

    awesome links dan, you'll be getting some messages from me on AIM, heh





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  • sanju
    11-10 09:13 PM
    Its only Mahabharat - people started forgetting Ramayan & Mahabharat.

    Big deal!

    If Bush can be the Hanuman, McCain can be Narad Muni and Palin the Surpanakha, then whats the difference between Ramayan & Mahabharat.




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  • rajeshalex
    04-15 08:56 AM
    First thing, price , leg space, comfort & food ...All 4 it is difficult to get the best.

    Cheapest would be air India. However service/food is bad. Also they keep changing schedule.

    Singapore airlines/Cathay pacific service/food is good. Leg space is also better and
    priced slightly higher than AIr India.

    So I recommend these 2 (Singapore/Cathay)

    ( PM me if you are looking for air tickets from India)


    Rajesh





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  • yabadaba
    04-09 08:20 PM
    Is it legal for a licensed real estate agent to share commission with a non licensed person - like a buyer?
    yes. it depends how u do it...in our case we were buying a house in a new subdivision. we had identfied the subdivision, the parcel (lot), the upgrades, everything.

    if we didnt have a realtor, the builders agent would be both the seller and buyer agents, thereby earning potentially 7% (3.5%+3.5%) for doing nothing.

    so we found a realtor and he was more than happy to take 1% and give us 2.5% in terms of upgrades.

    If u r buying a second hand house (so to speak) u dont need to worry about that because the seller pays both the buyer and the seller's commission. all u have to pay is closing costs.





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  • immigrationSantosh
    02-07 03:29 PM
    Could you please advise how do I get the lawyer for this ? Do you know any in specific?





    chnaveen
    04-24 10:18 AM
    I understand the pain beacuse of these RFE as we all are waiting for our GC.
    There is no need to worry about these kind of RFEs. Just like and RFE asking for latest empolyment verfication letters and W2s, this RFE for Marrige proofs is also similar.
    As there is a possibility of the couple getting divorced, USCIS wants to make sure, the couple are still married during the entire process time of their GCs.
    It doesn't mean that, in every one's case, they send this RFE, It's just Random.
    And in case, if any one of the couple, sends any information to USCIS that they are not living together and a chance of getting divorced, then in those cases, USCIS sends the RFE.
    But in most other cases, it's just Random. We have to reply to that RFE with the documents such as, the Marriage certificate, any documents to show that you are still married and living together, like, any Bank statements with Joint accounts, Birth certificates of the recent kids born to the couple etc.





    Humhongekamyab
    08-13 10:59 AM
    This thread should be deleted. Not related to our cause.



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