REQUIRE_GC
07-13 10:11 AM
Hi
i guess i am one of the fortunate ones who will fall under the june 2006 cut-off.
i have a question. can someone explain to me, what will happen next.
i mean to my 485. last chkd it was in name-chk.
will i b allotted a visa no. in august? and what happens if my 485 is pending and lets say the september visa bulletiin-eb2 is retrogressed? will i still be able to take advantage of this PD openeing or not?
pls. advise, i am unclear about this. i am planning to change employers, but with this new development, i want to know what the next steps will be.
thanks
I have the same question. My Priority date is Current (May 2005) I-140 Approved, What next?
i guess i am one of the fortunate ones who will fall under the june 2006 cut-off.
i have a question. can someone explain to me, what will happen next.
i mean to my 485. last chkd it was in name-chk.
will i b allotted a visa no. in august? and what happens if my 485 is pending and lets say the september visa bulletiin-eb2 is retrogressed? will i still be able to take advantage of this PD openeing or not?
pls. advise, i am unclear about this. i am planning to change employers, but with this new development, i want to know what the next steps will be.
thanks
I have the same question. My Priority date is Current (May 2005) I-140 Approved, What next?
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ronhira
03-24 02:13 PM
Insurance agencies are going to crumble given the new laws, talk abt covering visitors with pre existing conditions
In that case all visitors will get cheaper medical treatment just visiting America.
Govt is not the answer to all probs, although its the only in terms of GC though.
oh ya.... if this bill will crumble insurance companies then y is it that their stock is going up for last 3 days..... insurance companies got a sweet deal.... another 32 million customer..... & u r saying they r going broke by getting more business.... that's expensive....
govt is not the answer for all problems..... but in some cases government is the only answer....
In that case all visitors will get cheaper medical treatment just visiting America.
Govt is not the answer to all probs, although its the only in terms of GC though.
oh ya.... if this bill will crumble insurance companies then y is it that their stock is going up for last 3 days..... insurance companies got a sweet deal.... another 32 million customer..... & u r saying they r going broke by getting more business.... that's expensive....
govt is not the answer for all problems..... but in some cases government is the only answer....
reno_john
06-15 10:02 PM
Going to Canada won't help as you retain the same I-94, if it is still valid, in order to get back. You submit the I-94 only if you are leaving Canada to another country without coming back into the U.S.
For Mexico, I think you still need the current I-94 which you will have to submit at the border. Please correct me if I am wrong on this.
Please call the USCIS office and ask them what needs to be done.
Even if you go to Canada and come back toUSA you get a new I-94. I did get a new I-94 when I did the same trip.
Ask the airlines to provide you with the I-94 form and when leaving for Canada insists the airline ticket counter to take away your I-94 if they dont then show them the back side text that says that you need to surrender your I-94 if you leave States. And while entering States you will get a new I-94 on the plane. To be safer avoid US carrier since they dont provide nor take away your I-94.
For Mexico, I think you still need the current I-94 which you will have to submit at the border. Please correct me if I am wrong on this.
Please call the USCIS office and ask them what needs to be done.
Even if you go to Canada and come back toUSA you get a new I-94. I did get a new I-94 when I did the same trip.
Ask the airlines to provide you with the I-94 form and when leaving for Canada insists the airline ticket counter to take away your I-94 if they dont then show them the back side text that says that you need to surrender your I-94 if you leave States. And while entering States you will get a new I-94 on the plane. To be safer avoid US carrier since they dont provide nor take away your I-94.
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new_phd
08-24 12:19 PM
My understanding is that follow-to-join can only be invoked once the primary applicant physically enters the U.S. and the dependent applicant would like to physically join him/her.
You cannot use follow-to-join until you physically enter the united states. (My understanding)
Hope this helps. Maybe you can enter the U.S as soon as you can right now, and immediately start the procedure for bringing your husband in.
-Cathy.
P.S: I think maybe both Diptam and Jayant are right.. if one is going through AOS and therefore, both applicants are already inside the US, then they have to respect the priority date. If one spouse is physically in the U.S and the other one is outside, then USCIS gives some consideration to the family and allows them to apply for the follow-to-join procedure and disregard priority dates.
You cannot use follow-to-join until you physically enter the united states. (My understanding)
Hope this helps. Maybe you can enter the U.S as soon as you can right now, and immediately start the procedure for bringing your husband in.
-Cathy.
P.S: I think maybe both Diptam and Jayant are right.. if one is going through AOS and therefore, both applicants are already inside the US, then they have to respect the priority date. If one spouse is physically in the U.S and the other one is outside, then USCIS gives some consideration to the family and allows them to apply for the follow-to-join procedure and disregard priority dates.
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va_dude
01-06 03:24 PM
wow... really. They have a million apps to process and this guy take a road trip :)
Did u verify the identity, etc. of that man claiming to be from Uscis?
What was his stated official purpose of the visit?
-va_dude
Did u verify the identity, etc. of that man claiming to be from Uscis?
What was his stated official purpose of the visit?
-va_dude
pmat
09-16 08:50 PM
Had a talk with the HR of the new company. They are willing to support my GC case and agreed to take tab of all expenses related to it - their law firm will handle my case. I am planning to have a tele-conf with their lawyer before taking a decision.
I am currently on H1B... will a H1B transfer be better in this case instead of using EAD?
I am currently on H1B... will a H1B transfer be better in this case instead of using EAD?
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GKBest
10-11 02:08 PM
True, it's very frustrating. But there are some things we cannot control. This is one of those times when we can practice the virtue of patience.
Good luck on your new filing.
Good luck on your new filing.
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leoindiano
02-03 09:01 AM
ding ^^^
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transpass
05-05 04:24 PM
Pappu,
I do not agree. Employer working with attorney directly on PERM does not cause an abuse.
Infact at PERM stage, it is the employer who should infact take the lead. PERM and I-140 are employer filings, and attorney should really be representing the employer for most part and some part for the employee.
Also private firms and sole-proprietorships might prefer not to reveal the salary details of all its employees, expenses and net profits to the employee. If they work with the attorney, they can reveal the information just to USCIS, and not to employees. So you cannot judge the employer abuse just because he dont want to handover all the comapny financial paperwork to an employee.
I also mentioned that, make your judgement on whether to continue with that employer, since you may need full support from employer at many stages.
I agree that, the employee should get the required paperwork he is supposed to keep. And H1B full filing paperwork is one of them. I am sure the H1B filing paperwork will have some high level financial report of the company.
PERM supporting documentation, I140 supporting documentation are not necessarily to be distributed to employees. But I agree, employee should ask for and get a copy of the original PERM application (not supporting documentation) and I140 approval notice at minimum.
I second morchu...
There are many companies who are perfectly willing to do GC all the while keeping their financial info close to their chest. This is especially quite common with startup companies. My previous employer was a case in example. The employer was not willing to provide even client names, let alone the financial data. As a startup, they wanted to operate in stealth mode, and rightfully so, so that they would have an advantage over the competitors. However, in our case, the employer was sponsoring and bearing GC expenses, and therefore he was dealing with the lawyer himself and we were not privy to the sensitive information such as financial data.
As far as a few employers abusing, as mentioned by pappu, I am not sure what an employer with legitimate concerns can do other than directly dealing with CIS and lawyers. The employer might feel comfortable dealing with a lawyer as the employer can feel more assured that the information can be safely guarded.
Generally speaking, startups want the best talent and employees with specialized skills. So they are willing to sponsor GC, but when you place yourself in their shoes, it will be clear that their survival and competitive edge depends on secrecy, and that they are not willing to part with.
I personally do not see anything wrong when the employer discloses such information/data just to the lawyer. The purpose will be served as long as the lawyer is competent enough to make sure that employer is meeting CIS requirements with regards to providing the required paperwork.
I do not agree. Employer working with attorney directly on PERM does not cause an abuse.
Infact at PERM stage, it is the employer who should infact take the lead. PERM and I-140 are employer filings, and attorney should really be representing the employer for most part and some part for the employee.
Also private firms and sole-proprietorships might prefer not to reveal the salary details of all its employees, expenses and net profits to the employee. If they work with the attorney, they can reveal the information just to USCIS, and not to employees. So you cannot judge the employer abuse just because he dont want to handover all the comapny financial paperwork to an employee.
I also mentioned that, make your judgement on whether to continue with that employer, since you may need full support from employer at many stages.
I agree that, the employee should get the required paperwork he is supposed to keep. And H1B full filing paperwork is one of them. I am sure the H1B filing paperwork will have some high level financial report of the company.
PERM supporting documentation, I140 supporting documentation are not necessarily to be distributed to employees. But I agree, employee should ask for and get a copy of the original PERM application (not supporting documentation) and I140 approval notice at minimum.
I second morchu...
There are many companies who are perfectly willing to do GC all the while keeping their financial info close to their chest. This is especially quite common with startup companies. My previous employer was a case in example. The employer was not willing to provide even client names, let alone the financial data. As a startup, they wanted to operate in stealth mode, and rightfully so, so that they would have an advantage over the competitors. However, in our case, the employer was sponsoring and bearing GC expenses, and therefore he was dealing with the lawyer himself and we were not privy to the sensitive information such as financial data.
As far as a few employers abusing, as mentioned by pappu, I am not sure what an employer with legitimate concerns can do other than directly dealing with CIS and lawyers. The employer might feel comfortable dealing with a lawyer as the employer can feel more assured that the information can be safely guarded.
Generally speaking, startups want the best talent and employees with specialized skills. So they are willing to sponsor GC, but when you place yourself in their shoes, it will be clear that their survival and competitive edge depends on secrecy, and that they are not willing to part with.
I personally do not see anything wrong when the employer discloses such information/data just to the lawyer. The purpose will be served as long as the lawyer is competent enough to make sure that employer is meeting CIS requirements with regards to providing the required paperwork.
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bsbawa10
04-22 08:11 AM
I was reading this news and thinking: why cannot a lawsuit be filed against so many irregularities of USCIS that it has been doing and so much of suffering that it is giving us ? Any comments ? Suggestions
http://news.yahoo.com/s/ap/20090422/ap_on_re_us/us_widow_penalty
http://news.yahoo.com/s/ap/20090422/ap_on_re_us/us_widow_penalty
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�
11-21 02:56 PM
You can vote to Dizzy
hmm I wonder who to pick:sure:
hmm I wonder who to pick:sure:
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GCwaitforever
08-20 08:15 PM
245(i) cutoff is April, 30 2001.
http://www.uscis.gov/graphics/howdoi/hdi245i.htm
And the 245(i) illegals come under EB3
http://www.murthy.com/news/n_bulapr.html
Do some research before you post.
I'm not sure if IV can lobby for illegals to be treated separately. I dont really care, I'm EB2 and it's getting harder by the day for EB3 people who dont qualify to jump into EB2. But I think it's just bad that all the legal EB3 folks have to wait behind the illegals.
lwpd
Go back and reread the original post and try to correlate what I am saying. And it will do you good if you follow your own advice before shouting off in the forums.
This is the info in the web site.
Who is Eligible? (Note: This program ended April 2001.)
You are eligible if one of the reasons above prevent you from using the regular section 245 provision AND:
You are eligible to receive an immigrant visa and are admissible to the United States for permanent residence;
An immigrant visa is immediately available at the time your application is filed;
Your visa petition or application for labor certification that would qualify you to become an immigrant was filed on or before April 30, 2001, was approvable when filed; AND
If your petition or application was filed after January 14, 1998, then you must also prove that you were in the U.S. on December 21, 2000. If eligible, you must pay the penalty fee of $1,000.
Even if illegal Indian immigration population shot up by 133%, all these people from 2001 - 2005 were excluded from filing 245(i). So the impact on retrogression for India should be minimal.
http://www.uscis.gov/graphics/howdoi/hdi245i.htm
And the 245(i) illegals come under EB3
http://www.murthy.com/news/n_bulapr.html
Do some research before you post.
I'm not sure if IV can lobby for illegals to be treated separately. I dont really care, I'm EB2 and it's getting harder by the day for EB3 people who dont qualify to jump into EB2. But I think it's just bad that all the legal EB3 folks have to wait behind the illegals.
lwpd
Go back and reread the original post and try to correlate what I am saying. And it will do you good if you follow your own advice before shouting off in the forums.
This is the info in the web site.
Who is Eligible? (Note: This program ended April 2001.)
You are eligible if one of the reasons above prevent you from using the regular section 245 provision AND:
You are eligible to receive an immigrant visa and are admissible to the United States for permanent residence;
An immigrant visa is immediately available at the time your application is filed;
Your visa petition or application for labor certification that would qualify you to become an immigrant was filed on or before April 30, 2001, was approvable when filed; AND
If your petition or application was filed after January 14, 1998, then you must also prove that you were in the U.S. on December 21, 2000. If eligible, you must pay the penalty fee of $1,000.
Even if illegal Indian immigration population shot up by 133%, all these people from 2001 - 2005 were excluded from filing 245(i). So the impact on retrogression for India should be minimal.
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lostinbeta
03-02 01:27 PM
Originally posted by lostinbeta
NOTE: The winner will be the first to reach 30 votes, or the one with most votes in 10 days.
:)
I have the poll set to expire in 10 days. So if no one is past 30 votes by then, it will close and the person with the most votes wins.
NOTE: The winner will be the first to reach 30 votes, or the one with most votes in 10 days.
:)
I have the poll set to expire in 10 days. So if no one is past 30 votes by then, it will close and the person with the most votes wins.
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desi3933
05-28 12:27 PM
.....
Thanks a lot everyone, we're a younger couple trying to do this ourselves to save what little money we have for the future.
First of all congratulations!
Steps -
1. File I-130 after getting married Link
(http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c67c7f9ded54d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD)2. File I-485 (application to adjust status) Link for I-1485 instructions
(http://www.uscis.gov/files/form/i-485instr.pdf)3. File I-131 (Application for travel document) Link (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b11747a55773d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD)
4. File I-765 (Application for Employment Authorization) Link for Instructions (http://www.uscis.gov/files/form/I-765instr.pdf)
It is usually a good idea to file all these forms in one packet at same time with overall cover letter explaining all the forms included and proper filing fees. Make sure to sign and date the cover sheet. There is no separate filing fees for I-131 and I-765 as it is included with I-485 filing.
Details for filing I-130
Fill I-30 form. USCIS Link for I-130 instructions (http://www.uscis.gov/files/form/I-130instr.pdf)
Copy of the full Birth certificate or pages from US passport. This is a required proof for your US citizenship.
A copy of marriage certificate. This must have your and spouse name on it. (Complete legal names)
If either you or your spouse were previously married, submit copies of documents showing that all prior marriages were legally terminated.
G-325A (all four pages) filled out by the US Citizen signed and dated. One passport-type photo of the petitioner (US citizen). Write the your name on the back of the photo. Place the photo in a plastic bag and place it behind the corresponding G-325a.
G-325A (all four pages) filled out by the your spouse signed and dated. One passport-type photo of the beneficiary (your spouse). Write her legal (after marriage) name on the back of the photo. Place the photo in a plastic bag and place it behind the corresponding G-325a.
Evidence of a bonafide marriage (Any other relevant documentation to establish that there is an ongoing marital union and the marriage is valid and bonafide).
One your spouse gets EAD (Employment Authorization Document) based on I-765 (Employment Authorization Application), she can work for any employer during the period EAD is valid. Usually EAD is issued for 1 year in Spouse I-130 cases and can be re-newed as long as her green card I-485 application is pending.
EAD application can take 8-12 weeks for approval in most cases.
_____________________
Not a legal advice.
For Information use only.
Thanks a lot everyone, we're a younger couple trying to do this ourselves to save what little money we have for the future.
First of all congratulations!
Steps -
1. File I-130 after getting married Link
(http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c67c7f9ded54d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD)2. File I-485 (application to adjust status) Link for I-1485 instructions
(http://www.uscis.gov/files/form/i-485instr.pdf)3. File I-131 (Application for travel document) Link (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b11747a55773d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD)
4. File I-765 (Application for Employment Authorization) Link for Instructions (http://www.uscis.gov/files/form/I-765instr.pdf)
It is usually a good idea to file all these forms in one packet at same time with overall cover letter explaining all the forms included and proper filing fees. Make sure to sign and date the cover sheet. There is no separate filing fees for I-131 and I-765 as it is included with I-485 filing.
Details for filing I-130
Fill I-30 form. USCIS Link for I-130 instructions (http://www.uscis.gov/files/form/I-130instr.pdf)
Copy of the full Birth certificate or pages from US passport. This is a required proof for your US citizenship.
A copy of marriage certificate. This must have your and spouse name on it. (Complete legal names)
If either you or your spouse were previously married, submit copies of documents showing that all prior marriages were legally terminated.
G-325A (all four pages) filled out by the US Citizen signed and dated. One passport-type photo of the petitioner (US citizen). Write the your name on the back of the photo. Place the photo in a plastic bag and place it behind the corresponding G-325a.
G-325A (all four pages) filled out by the your spouse signed and dated. One passport-type photo of the beneficiary (your spouse). Write her legal (after marriage) name on the back of the photo. Place the photo in a plastic bag and place it behind the corresponding G-325a.
Evidence of a bonafide marriage (Any other relevant documentation to establish that there is an ongoing marital union and the marriage is valid and bonafide).
One your spouse gets EAD (Employment Authorization Document) based on I-765 (Employment Authorization Application), she can work for any employer during the period EAD is valid. Usually EAD is issued for 1 year in Spouse I-130 cases and can be re-newed as long as her green card I-485 application is pending.
EAD application can take 8-12 weeks for approval in most cases.
_____________________
Not a legal advice.
For Information use only.
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crazy
06-13 05:38 PM
If you have paid for your H1B & GC expenses and if you have proof that you paid for those from your pocket, then threaten him as if you are going to file a complaint with DOL. DOL expects Employers to pay for H1Bs and if you can prove that you actually paid for it, there is a chance they might Audit the company.
Potential Audit by DOL is a scary proposition that might make your Employer budge a little. Tell him if i am going down, i might as well take you with me. :)
Sorry for the negative message, sometimes this is how things work.
Yes I paid for all the expenses. H1b as well for GC. I am not sure if I have proof of that. I will go home and check that. Thank you very much.
Potential Audit by DOL is a scary proposition that might make your Employer budge a little. Tell him if i am going down, i might as well take you with me. :)
Sorry for the negative message, sometimes this is how things work.
Yes I paid for all the expenses. H1b as well for GC. I am not sure if I have proof of that. I will go home and check that. Thank you very much.
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gconmymind
08-22 02:16 PM
We have seen that the processing order seems to be random. You can see cases with PD/RD/ND all over getting approved. After the PD gets current, it is more or less a lottery. Just that the odds of winning are much higher than the actual lotto.
I have stopped looking at the processing dates. My PD is current now, and hopefully will be current after October. I will be lucky to get my GC before end of 2009. Not being pessimistic, just realistic. In the past few years, I have seen several of my friend's PD being current for couple years before they got approved.
You can try all you can, Infopass, SR, etc., but it all depends on luck and sometimes these things dont work.
Me and several friends came to the US 10 years ago. Some are US citizens now, few have GCs. Most of the others are just stuck in this limbo.....
I have stopped looking at the processing dates. My PD is current now, and hopefully will be current after October. I will be lucky to get my GC before end of 2009. Not being pessimistic, just realistic. In the past few years, I have seen several of my friend's PD being current for couple years before they got approved.
You can try all you can, Infopass, SR, etc., but it all depends on luck and sometimes these things dont work.
Me and several friends came to the US 10 years ago. Some are US citizens now, few have GCs. Most of the others are just stuck in this limbo.....
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psaxena
11-16 01:05 PM
Everyone needs GC and Citizenship but also no one wants to volunteer or donate the IV to help them moving. Nothing is free in this world, we should all start donating atleast $25 to IV which is nothing for anyone here. Guys lets start doing it and show our support rather just adding threads.
come on guys we can TOGETHER MAKE THIS HAPPEN
I understand your views. But CIR is being proposed by a major community group whereas we legal limbo group are a minority. Talking against CIR will only crunch our position. Perhaps we can start our fight alongside to make sure that they add value pieces in CIR for us legal liners left in limbo !!!
Given a green for you here.
come on guys we can TOGETHER MAKE THIS HAPPEN
I understand your views. But CIR is being proposed by a major community group whereas we legal limbo group are a minority. Talking against CIR will only crunch our position. Perhaps we can start our fight alongside to make sure that they add value pieces in CIR for us legal liners left in limbo !!!
Given a green for you here.
girlfriend Bullet For My Valentine is
gcobsessed
11-26 09:43 AM
Hello,
Can anybody pls give me complete process for applying GC for cananda?
I am married with one child and stay in US.
1) Fomalities before applying for GC.
2) During filling an application.
3) After application has been filed.
I will highly be obliged, if someone can help me with this info.
Thanks
It will be useful to have lawyer contact info for Canadian immigration too. There are several websites, but don't know which ones to trust.
Can anybody pls give me complete process for applying GC for cananda?
I am married with one child and stay in US.
1) Fomalities before applying for GC.
2) During filling an application.
3) After application has been filed.
I will highly be obliged, if someone can help me with this info.
Thanks
It will be useful to have lawyer contact info for Canadian immigration too. There are several websites, but don't know which ones to trust.
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ramhs
06-27 01:25 PM
send by fedex on friday 6/29
ashkam
02-10 08:37 AM
I'm a valid H1 visa holder until 2011 and my husband too has one until 2011. Currently my company has laid me off and I have all paystubs as on date, in this situation, can I go to H4 status? And once I find a project, would I be able to still have the same ie my old H1b visa and come back to H1b status and start working?
All I want to make sure is, not having me to go through the lottery system again as a new H1?
Please let me know the exact process with USCIS?
Thanks,
shiv
Yes you can do that. If you've already been laid off, make sure you file your change of status (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=94d12c1a6855d010VgnVCM10000048f3d6a1RCR D) application to H4 ASAP. The form specifies the documentation you need to attach. Don't use a lawyer to do this, it's a very straightforward form. Make sure you send them your last 3 pay stubs along with everything else. I didn't do that and got an RFE. Once you get a new job, you can reapply for a new H1B without being in the quota as long as you don't stay out of the country for more than a year.
All I want to make sure is, not having me to go through the lottery system again as a new H1?
Please let me know the exact process with USCIS?
Thanks,
shiv
Yes you can do that. If you've already been laid off, make sure you file your change of status (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=94d12c1a6855d010VgnVCM10000048f3d6a1RCR D) application to H4 ASAP. The form specifies the documentation you need to attach. Don't use a lawyer to do this, it's a very straightforward form. Make sure you send them your last 3 pay stubs along with everything else. I didn't do that and got an RFE. Once you get a new job, you can reapply for a new H1B without being in the quota as long as you don't stay out of the country for more than a year.
vinzak
11-19 11:29 PM
My Friend,
One dying man once said: "All my life I spend most time worrying about things that never happened to me."
Auron mai dam kahaan, khudi hai ne maaraa hai, jahaan hamari naav dubi, paani bhi na thaa.
you're right. gotta live life. what happens happens.
One dying man once said: "All my life I spend most time worrying about things that never happened to me."
Auron mai dam kahaan, khudi hai ne maaraa hai, jahaan hamari naav dubi, paani bhi na thaa.
you're right. gotta live life. what happens happens.
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