PrayForEveryone
07-24 11:56 AM
Is Affidavit of support (I-134) needed for spouse when filing 485?
I have got mixed responses. I'm made to understand that some lawyers have asked for it. My lawyer has'nt.
Any help is appreciated! Thanks!
I have got mixed responses. I'm made to understand that some lawyers have asked for it. My lawyer has'nt.
Any help is appreciated! Thanks!
wallpaper Borders 17 Black And White
jambvan
04-09 09:31 PM
Problem is that every government document we get in India don�t follow strict rule of full legal name. so in birth certificate full name would be RatanKumar Madan lal Sharma but in Passport Full name would be �Ratan Kumar Madan Lal Sharma� (space in between).We also did not realize this while we were in India.
Most of the document we get in USA do not follow strict rule either.
Driver�s license uses FirstName. LastName (Ratan Sharma).
Social Security � FirstName MiddleInitial LastName (Ratan M Sharma)
EAD � LastName, FirstName. MiddleInitial. (Sharma, Ratan M.)
All receipts we get from USCIS use Firstname.middleintial.lastname(Ratan M.Sharma) or sometime just FirstName.LastName.
The best way I could think is to remove Kumar and Lal from all documents from India which sure going to take long time and effort. Not sure if it�s advisable after filing I-485.
Most of the document we get in USA do not follow strict rule either.
Driver�s license uses FirstName. LastName (Ratan Sharma).
Social Security � FirstName MiddleInitial LastName (Ratan M Sharma)
EAD � LastName, FirstName. MiddleInitial. (Sharma, Ratan M.)
All receipts we get from USCIS use Firstname.middleintial.lastname(Ratan M.Sharma) or sometime just FirstName.LastName.
The best way I could think is to remove Kumar and Lal from all documents from India which sure going to take long time and effort. Not sure if it�s advisable after filing I-485.
sunny1000
06-24 01:06 AM
I am not sure about what you mean by "reveal why it is pending" when we are talking about background check.
If your case is pending from long time and your dont know why its pending. You might ask congressman and he might help you. In case if reason is back ground check he will tell you its pending because of backgournd check. He wont help you more in backgound check.
If you already know that your case pending because of background check and if you ask congressman to help in this. he will not help you and wont reveal any extra detail to you. In my case I knew that my case is pending because of background check and I asked congressman to help in this he didnt help me at all.
I read many forums on background check and all threads are describing the same.
gc28262 was merely trying to help. You don't have to be rude to him/her. You are the one asking advice on a public forum and you want disclaimers from a person giving you suggestions ("When you write your answer or question please always add that it is your assumption or its your understanding on this point.")
If your case is pending from long time and your dont know why its pending. You might ask congressman and he might help you. In case if reason is back ground check he will tell you its pending because of backgournd check. He wont help you more in backgound check.
If you already know that your case pending because of background check and if you ask congressman to help in this. he will not help you and wont reveal any extra detail to you. In my case I knew that my case is pending because of background check and I asked congressman to help in this he didnt help me at all.
I read many forums on background check and all threads are describing the same.
gc28262 was merely trying to help. You don't have to be rude to him/her. You are the one asking advice on a public forum and you want disclaimers from a person giving you suggestions ("When you write your answer or question please always add that it is your assumption or its your understanding on this point.")
2011 #36214 Clip Art Graphic of a
mohitb272
09-30 08:22 PM
Does the new job need to be similar to the present one?
more...
vbkris77
06-09 10:42 AM
We have a thread in donor forum as below.
http://immigrationvoice.org/forum/showthread.php?t=26178
This talks about a litigation won over CIS/State by AILF for Asylum cases when they have been wasted by USCIS for Admin delays. We all know that they have wasted EB Cases aswell, Can we sue CIS on EB cases. Is that feasible? If so what would be ideal costs?
Original case that was won by AILF is as below. I have written to the director of AILF and waiting for an update.
http://www.nilc.org/immlawpolicy/obtainlpr/oblpr107.htm
Faster response is appreciated.
http://immigrationvoice.org/forum/showthread.php?t=26178
This talks about a litigation won over CIS/State by AILF for Asylum cases when they have been wasted by USCIS for Admin delays. We all know that they have wasted EB Cases aswell, Can we sue CIS on EB cases. Is that feasible? If so what would be ideal costs?
Original case that was won by AILF is as below. I have written to the director of AILF and waiting for an update.
http://www.nilc.org/immlawpolicy/obtainlpr/oblpr107.htm
Faster response is appreciated.
go_guy123
03-19 10:28 AM
http://www.lieffcabraser.com/pdf/20070314-tata-order.pdf
TATA's motion to dismiss case to Indian court based on signed Bond
agreement declined
TATA's motion to dismiss case to Indian court based on signed Bond
agreement declined
more...
vbkris77
06-10 02:59 PM
You guys are just trying continue discussion without point.. This is my statement,
Inspite of Demand, CIS/State have wasted Visas that are otherwise allowed by law to issued.
Law is always up for interpretation of the judge and lawyers always help interpret to get a benefit to their clients. That is why one can't replace a judge with a computer. That is why I am only insisting that only lawyers take a stab at this question and we not polute this thread with our unnecessary analysis.
If you don't agree, pls. google the cases won on stupid reasons.. One example is as below..
http://trouble.iotashan.com/jokes/stupid-lawsuits.cfm
Inspite of Demand, CIS/State have wasted Visas that are otherwise allowed by law to issued.
Law is always up for interpretation of the judge and lawyers always help interpret to get a benefit to their clients. That is why one can't replace a judge with a computer. That is why I am only insisting that only lawyers take a stab at this question and we not polute this thread with our unnecessary analysis.
If you don't agree, pls. google the cases won on stupid reasons.. One example is as below..
http://trouble.iotashan.com/jokes/stupid-lawsuits.cfm
2010 Collection of colorful flowers
sc3
08-07 08:06 PM
Advantage of going with the same company
1.as you'll be working with the Same company you don't have the risk of AC21 headache and you can claim that you are still with the GC sponsoring company
Disadvantage of going with the same company
1.If the required # of years gained from the the same company it may be a problem to get the Eb2 certification.If you already have the required # of years of experience prior to joining that company then It's not a problem
Correct me If I am not right!!!
If you are going for re-classification (and/or PD porting), AC21 does not come into picture, so it is a moot point.
Agree on point B.. if your "progressive" experience required was available before you joined the company you can go with the current company. Also if you gained your MS (and/or PHD) during your current employment, you can use the "Advanced Degree+0 year" experience route.
1.as you'll be working with the Same company you don't have the risk of AC21 headache and you can claim that you are still with the GC sponsoring company
Disadvantage of going with the same company
1.If the required # of years gained from the the same company it may be a problem to get the Eb2 certification.If you already have the required # of years of experience prior to joining that company then It's not a problem
Correct me If I am not right!!!
If you are going for re-classification (and/or PD porting), AC21 does not come into picture, so it is a moot point.
Agree on point B.. if your "progressive" experience required was available before you joined the company you can go with the current company. Also if you gained your MS (and/or PHD) during your current employment, you can use the "Advanced Degree+0 year" experience route.
more...
vikramy
05-22 11:02 AM
Thanks for sharing this. I always thought travelling on AP does not invalidate my H1b. Are you saying it will and I will be changed to EAD automatically. To continue on H1b i need to file adjustment.
what if my wife come on AP, Will even then my H1b becomes invalid. She is dependent.
.
I would like to answer this question.
It is correct that if Valid Visa is used to enter in to US, AP need not be used.
I would like to share my experince in this aspect. On Feb 15 '08, I went out side of US. Had valid H1B for which I94 is valid till october 2010.
When I came back using AP, got new I 94 valid till 1 yr( I came here on april 14(2008), Got new I94 number valid till April 13 , 2009.
H1B I94 is no more valid once you enter in to US using AP.
Amendment needs to be filed in order to continue on H1.
Spoke to attorney and told him that I want to continue on H1B. He filed amendment and got New H1B valid till 2011 (for 3 yrs).
This helped me a lot, as I485 is denied erroneously. Filed service motion to get I485 reopened which was done eventually.
Especially when we face this type of situations ( I485 denial etc), valid H1B helps.
what if my wife come on AP, Will even then my H1b becomes invalid. She is dependent.
.
I would like to answer this question.
It is correct that if Valid Visa is used to enter in to US, AP need not be used.
I would like to share my experince in this aspect. On Feb 15 '08, I went out side of US. Had valid H1B for which I94 is valid till october 2010.
When I came back using AP, got new I 94 valid till 1 yr( I came here on april 14(2008), Got new I94 number valid till April 13 , 2009.
H1B I94 is no more valid once you enter in to US using AP.
Amendment needs to be filed in order to continue on H1.
Spoke to attorney and told him that I want to continue on H1B. He filed amendment and got New H1B valid till 2011 (for 3 yrs).
This helped me a lot, as I485 is denied erroneously. Filed service motion to get I485 reopened which was done eventually.
Especially when we face this type of situations ( I485 denial etc), valid H1B helps.
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virtual55
02-16 08:40 PM
count me in
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nshah1968
07-03 02:23 PM
Hello logiclife,
I have follwing situation; I got lay off from company A whre my 140 was approved in march of 2006 with PD aug'05 under EB2. Now I got job from a consulting company and they are ready to file my LC under EB2 and then will do 140; I had copy of approved LC and original of I-140(because the attorney sent those papers to me directly as there were found by me directly as compny do not know any immigrtion attorney).
Now once in case my previous company will revoke I-140 and LC then still caan I use my previous PD at time of filling 485 with my new company; using the copy of LC and 140 of previous company?
I will greatly appreciate if you will give me some details about this based on your knowledge and experience in this matter.
Thanks for your help in advance.
Nilesh Shah
I have follwing situation; I got lay off from company A whre my 140 was approved in march of 2006 with PD aug'05 under EB2. Now I got job from a consulting company and they are ready to file my LC under EB2 and then will do 140; I had copy of approved LC and original of I-140(because the attorney sent those papers to me directly as there were found by me directly as compny do not know any immigrtion attorney).
Now once in case my previous company will revoke I-140 and LC then still caan I use my previous PD at time of filling 485 with my new company; using the copy of LC and 140 of previous company?
I will greatly appreciate if you will give me some details about this based on your knowledge and experience in this matter.
Thanks for your help in advance.
Nilesh Shah
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greencard_fever
07-07 10:47 AM
No, it is not form PERM. see my signature for details
more...
house flower border clip art.
WaitingBoy
09-19 06:57 PM
I was looking at your post and looks like your I-140 got approved in 2 months. Whereas the I-140 processing is going on for March 2007. Good that your got cleared.
I have my I-140 filed on March 2008 and still says pending.
Just wondering what order they process I-140 applications.
Thanks
After all I went through, I should get lucky some where.... :p
I have my I-140 filed on March 2008 and still says pending.
Just wondering what order they process I-140 applications.
Thanks
After all I went through, I should get lucky some where.... :p
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vbkris77
06-10 02:59 PM
You guys are just trying continue discussion without point.. This is my statement,
Inspite of Demand, CIS/State have wasted Visas that are otherwise allowed by law to issued.
Law is always up for interpretation of the judge and lawyers always help interpret to get a benefit to their clients. That is why one can't replace a judge with a computer. That is why I am only insisting that only lawyers take a stab at this question and we not polute this thread with our unnecessary analysis.
If you don't agree, pls. google the cases won on stupid reasons.. One example is as below..
http://trouble.iotashan.com/jokes/stupid-lawsuits.cfm
Inspite of Demand, CIS/State have wasted Visas that are otherwise allowed by law to issued.
Law is always up for interpretation of the judge and lawyers always help interpret to get a benefit to their clients. That is why one can't replace a judge with a computer. That is why I am only insisting that only lawyers take a stab at this question and we not polute this thread with our unnecessary analysis.
If you don't agree, pls. google the cases won on stupid reasons.. One example is as below..
http://trouble.iotashan.com/jokes/stupid-lawsuits.cfm
more...
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rajsand
07-16 02:01 PM
Thanks for the inputs , I have tried everything possible but sometimes I hold back 'coz I fear I might lose all chances of getting thro this year as I have been long waiting for this and also MISSED one gr8 chance.. I am just waiting to visit people back there whom I havent met for yrs..'coz of my H1B expiry of 6 yrs..
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LONGGCQUE
12-01 10:13 AM
NO IV Provisions here.. whats our take, if at all this is true ?
more...
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sheela
09-14 01:40 PM
I am really not sure about the filing fees. I remember paying fees for the child too, but what i am very sure is , even for the children (atleast for child age 7) FP is required, cos, we got it done for our child last month , that much i can clarify.
My Attorney filed AOS for my spouse, myself and our daughters (aged 16 and 13) with filing fees of $395 each. Later on, he realised the AOS filed for 13 year WILL be rejected for improper filing fees (as the correct fee is 225 and we sent 395 and he has to re-file with correct fees, thank God PD was still current). As expected her AOS got rejected and we got RN/FP notices for all other but for her aos. I am yet to get r/n for her re-filed aos.
My Attorney filed AOS for my spouse, myself and our daughters (aged 16 and 13) with filing fees of $395 each. Later on, he realised the AOS filed for 13 year WILL be rejected for improper filing fees (as the correct fee is 225 and we sent 395 and he has to re-file with correct fees, thank God PD was still current). As expected her AOS got rejected and we got RN/FP notices for all other but for her aos. I am yet to get r/n for her re-filed aos.
girlfriend To use any of the clipart
solaris27
09-03 12:53 PM
I guess the main advantage is that you'll have a job! 8-) With W-2
status, you will be an employee of the agency rather than being self
employed as you are with 1099 status. The difference will be that
you'll find things a bit easier tax-wise (taxes will be taken out of
your paycheck and the agency will pay half of your social security
tax), but you will lose your independence and the ability to negotiate
your own terms.
What is the difference between an Independent Contractor and an Employee?
"The difference primarily affects tax status. An independent
contractor (IC) is not an employee of anyone but himself (self
employed) but instead invoices and is paid by the client just as the
client would pay any contractor. The client reports the payment to the
IRS on a form 1099 but does not withhold taxes or pay social security
tax. Other laws and regulations concerning employment, such as
wage-hour (requiring overtime for certain employees) and workers
compensation do not apply."
"A contract employee is an employee of a temporary service agency.
That agency reports the employee's earnings to the IRS on a form W-2,
withholds Federal and state income tax, and pays the employer's share
of the social security tax. All federal and state employment laws
apply. The employee is not an employee of the client, for whom he
performs his services. That client actually is a client of the
temporary services agency."
http://www.jashaw.com/solo/solo1.html
"Often the decision of 1099 or W2 status is based on the circumstances
of the work. If you are going to work directly for a company to
complete a project, and are to be paid a fixed amount for the project,
then there is usually no choice but 1099 status. The company will
issue a purchase order to you, you will complete the work and invoice
the company.
On the other hand, if you are a contract employee working through a
temp agency the agency may not handle 1099 pay, or requires that you
be incorporated to avoid a W-2."
http://www.jashaw.com/solo/solo1.html
1099 or W-2 Which Plan is for Me?
Characteristics of a W2 Employee
"You work as a W2 employee when your client or an agency places you on
their payroll, usually to work on a specific project. The client or
agency reports your income to the IRS on a W2 form. As a W2 employee,
you receive a regular paycheck from which your employer withholds all
federal, state, and local taxes. You file regular state and federal
tax returns, just as you would if you were a permanent employee.
In most cases, the employer provides the equipment and office space
you need. You may be eligible for some or all of the benefits your
employer offers to permanent employees such as medical, life, and
disability insurance; pension plans; sick days; paid holidays, etc."
Characteristics of a 1099 Contractor
"Working on a 1099 basis means that you are working as a true
independent contractor under the IRS rules. You work on a 1099 basis
when you are in business for yourself as a sole proprietor or as a
corporation. Your clients report the money they pay you to the IRS on
a 1099 form. Your clients typically contract with you to work on a
specific project. You should have a written contract with each client
that delineates the work you will perform, the fees the client will
pay, and how the client will pay you. You will send invoices to the
client in accordance with the contract terms.
True independent contractors are responsible for tracking all business
expenses and income and for making quarterly federal and state income
tax payments."
http://ework.com/WSClassification.jsp
Advantages of 1099 status:
"The IC has more freedom to negotiate his terms of payment than an employee..."
"The IC does not have withholding tax deducted from his pay check..."
"An employer must also pay certain required benefits, such as workers
compensation insurance..."
Advantages of W-2 status:
"Working as an employee (contract or permanent, direct) also has
advantages. Taxes are taken out of each paycheck, and the employer
(for a contractor, the agency) pays the employer?s half of the social
security tax... For many people, this will eliminate the need to hire
an accountant or lawyer to prepare the taxes (although for a family
there may be other reasons to use a tax professional)."
http://www.jashaw.com/solo/solo1.html
A good way to determine the differences is to have a look a the THE
IRS CONTROL TEST ("an analytical tool for distinguishing employees
from independent contractors").
BEHAVIORAL CONTROL
"Instructions. If a company gives a worker instructions pertaining to
how the work gets done rather than simply to the end product, this is
evidence of an employer-employee relationship..."
"Training. Ongoing training about specific methods and procedures is
evidence of an employer-employee relationship."
FINANCIAL CONTROL
"Opportunity for profit or loss. The IRS considers the opportunity for
profit or loss to be the most significant test of whether a worker
maintains control over the economic aspects of his or her activities."
- Significant investment.
- Unreimbursed expenses.
- Services available to the relevant market.
RELATIONSHIP OF THE PARTIES
"Intent of the Parties/Written contracts. In determining the
relationship between a worker and a company, the IRS considers how the
written contract describes the intent of the parties involved.
- Benefits. If a company grants a worker employee benefits, such as
health insurance or paid vacation time, this is evidence of employee
status.
- Termination. Traditionally, the terms on which either party could
terminate the relationship played an important role in determining
whether a worker was an independent contractor or an employee."
- Ongoing Relationship. If a business and a worker enter into a
relationship with the understanding that it will be permanent or
indefinite, this is evidence of an employment relationship."
- Regular Business Activity. If a worker performs activities or
services that are "a key aspect of the regular business of the
company," this is evidence of an employment relationship."
http://ework.com/WSClassification.jsp
What is the difference between a Form W-2 and a Form 1099-MISC?
http://www.irs.gov/faqs/faq12-2.html
1099s and Taxes
"When a person is paid on the form, 1099-misc, all money earned by the
individual is paid on an untaxed basis. It is then the responsibility
of the individual to file and pay the appropriate taxes. These taxes
can be owed to Federal, State and Local governments. Workers
compensation and unemployment issues also must be addressed
independently."
W-2s and Taxes
"When a person is paid on the form W-2, the employer automatically
withholds and pays all of the necessary employee income taxes as
required by the IRS. These taxes include: Federal Income Tax, State
Income Tax, and FICA (Social Security and Medicare). In addition, the
employer will pay all of the necessary employer taxes. These taxes
include: FICA (Social Security and Medicare), FUTA (Federal
Unemployment Tax), and SUI (State Unemployment Tax)."
http://www.topechelon.com/employers/contracting_definition.htm
Making the Jump: Moving from Permanent to Contract Employment:
http://www.sage.org/resources/best.of/jump.mm
status, you will be an employee of the agency rather than being self
employed as you are with 1099 status. The difference will be that
you'll find things a bit easier tax-wise (taxes will be taken out of
your paycheck and the agency will pay half of your social security
tax), but you will lose your independence and the ability to negotiate
your own terms.
What is the difference between an Independent Contractor and an Employee?
"The difference primarily affects tax status. An independent
contractor (IC) is not an employee of anyone but himself (self
employed) but instead invoices and is paid by the client just as the
client would pay any contractor. The client reports the payment to the
IRS on a form 1099 but does not withhold taxes or pay social security
tax. Other laws and regulations concerning employment, such as
wage-hour (requiring overtime for certain employees) and workers
compensation do not apply."
"A contract employee is an employee of a temporary service agency.
That agency reports the employee's earnings to the IRS on a form W-2,
withholds Federal and state income tax, and pays the employer's share
of the social security tax. All federal and state employment laws
apply. The employee is not an employee of the client, for whom he
performs his services. That client actually is a client of the
temporary services agency."
http://www.jashaw.com/solo/solo1.html
"Often the decision of 1099 or W2 status is based on the circumstances
of the work. If you are going to work directly for a company to
complete a project, and are to be paid a fixed amount for the project,
then there is usually no choice but 1099 status. The company will
issue a purchase order to you, you will complete the work and invoice
the company.
On the other hand, if you are a contract employee working through a
temp agency the agency may not handle 1099 pay, or requires that you
be incorporated to avoid a W-2."
http://www.jashaw.com/solo/solo1.html
1099 or W-2 Which Plan is for Me?
Characteristics of a W2 Employee
"You work as a W2 employee when your client or an agency places you on
their payroll, usually to work on a specific project. The client or
agency reports your income to the IRS on a W2 form. As a W2 employee,
you receive a regular paycheck from which your employer withholds all
federal, state, and local taxes. You file regular state and federal
tax returns, just as you would if you were a permanent employee.
In most cases, the employer provides the equipment and office space
you need. You may be eligible for some or all of the benefits your
employer offers to permanent employees such as medical, life, and
disability insurance; pension plans; sick days; paid holidays, etc."
Characteristics of a 1099 Contractor
"Working on a 1099 basis means that you are working as a true
independent contractor under the IRS rules. You work on a 1099 basis
when you are in business for yourself as a sole proprietor or as a
corporation. Your clients report the money they pay you to the IRS on
a 1099 form. Your clients typically contract with you to work on a
specific project. You should have a written contract with each client
that delineates the work you will perform, the fees the client will
pay, and how the client will pay you. You will send invoices to the
client in accordance with the contract terms.
True independent contractors are responsible for tracking all business
expenses and income and for making quarterly federal and state income
tax payments."
http://ework.com/WSClassification.jsp
Advantages of 1099 status:
"The IC has more freedom to negotiate his terms of payment than an employee..."
"The IC does not have withholding tax deducted from his pay check..."
"An employer must also pay certain required benefits, such as workers
compensation insurance..."
Advantages of W-2 status:
"Working as an employee (contract or permanent, direct) also has
advantages. Taxes are taken out of each paycheck, and the employer
(for a contractor, the agency) pays the employer?s half of the social
security tax... For many people, this will eliminate the need to hire
an accountant or lawyer to prepare the taxes (although for a family
there may be other reasons to use a tax professional)."
http://www.jashaw.com/solo/solo1.html
A good way to determine the differences is to have a look a the THE
IRS CONTROL TEST ("an analytical tool for distinguishing employees
from independent contractors").
BEHAVIORAL CONTROL
"Instructions. If a company gives a worker instructions pertaining to
how the work gets done rather than simply to the end product, this is
evidence of an employer-employee relationship..."
"Training. Ongoing training about specific methods and procedures is
evidence of an employer-employee relationship."
FINANCIAL CONTROL
"Opportunity for profit or loss. The IRS considers the opportunity for
profit or loss to be the most significant test of whether a worker
maintains control over the economic aspects of his or her activities."
- Significant investment.
- Unreimbursed expenses.
- Services available to the relevant market.
RELATIONSHIP OF THE PARTIES
"Intent of the Parties/Written contracts. In determining the
relationship between a worker and a company, the IRS considers how the
written contract describes the intent of the parties involved.
- Benefits. If a company grants a worker employee benefits, such as
health insurance or paid vacation time, this is evidence of employee
status.
- Termination. Traditionally, the terms on which either party could
terminate the relationship played an important role in determining
whether a worker was an independent contractor or an employee."
- Ongoing Relationship. If a business and a worker enter into a
relationship with the understanding that it will be permanent or
indefinite, this is evidence of an employment relationship."
- Regular Business Activity. If a worker performs activities or
services that are "a key aspect of the regular business of the
company," this is evidence of an employment relationship."
http://ework.com/WSClassification.jsp
What is the difference between a Form W-2 and a Form 1099-MISC?
http://www.irs.gov/faqs/faq12-2.html
1099s and Taxes
"When a person is paid on the form, 1099-misc, all money earned by the
individual is paid on an untaxed basis. It is then the responsibility
of the individual to file and pay the appropriate taxes. These taxes
can be owed to Federal, State and Local governments. Workers
compensation and unemployment issues also must be addressed
independently."
W-2s and Taxes
"When a person is paid on the form W-2, the employer automatically
withholds and pays all of the necessary employee income taxes as
required by the IRS. These taxes include: Federal Income Tax, State
Income Tax, and FICA (Social Security and Medicare). In addition, the
employer will pay all of the necessary employer taxes. These taxes
include: FICA (Social Security and Medicare), FUTA (Federal
Unemployment Tax), and SUI (State Unemployment Tax)."
http://www.topechelon.com/employers/contracting_definition.htm
Making the Jump: Moving from Permanent to Contract Employment:
http://www.sage.org/resources/best.of/jump.mm
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bkarnik
10-26 03:37 PM
Hello All - I am thinking of getting my H1-B stamped in India sometime in December (first time .. got COS F1 to H1B). I was wondering if it possible to add my parents as dependents to my application when I head down for my stamping under the same appointment? It is even possible .. has anyone had any experience with it? Oh btw, I was thinking of doing it in Chennai.
Any inputs would be greatly appreciated.
Neo
I do not think your parents are considered as your dependents. Only your spouse and children. Your parents will have to apply for B1/B2 visa and that will have a different application and interview schedule. IMHO.
Any inputs would be greatly appreciated.
Neo
I do not think your parents are considered as your dependents. Only your spouse and children. Your parents will have to apply for B1/B2 visa and that will have a different application and interview schedule. IMHO.
abhatti
08-10 01:56 PM
Filed I485, Reached on July 2nd.
Still waiting for receipt.
Category : EB3
PD : 01/2006
EAD applications filed : 07/2/07
Still waiting for receipt.
Category : EB3
PD : 01/2006
EAD applications filed : 07/2/07
pt326bc
10-25 02:30 PM
Hello ssss.90007
I'd exact same experience in 2004. Anyway I found out that after 2 months
of I-94 Expiry. My atty ( Murthy ) gave me 3 options
1. Correct I-94, by taking it to Port of Entry ( I couldn't do since my passport and H1B visa and all those
documents were lost when I sent to stamping visa. I'd only I-94 since I sent a copy.... I was in fire at that time :D :D )
2. Get oout of the country and stamp visa and get in ( was not feasible for me for the same reason)
3. Do an H1B amendment, saying a slight modification in job description...
So I took the 3rd option since I'd copies of all docs.
According to my atty this is a grey area in the law. When I took everything to the Local INS office they said me, it doesn't matter the present I-94 is not valid, since I've an older H1B which is still. But please note that all those officers are not well informed. So I did not buy it. My atty told me that I could get a query in the I485 stage, but he said that I'm perfectly okay with 245(K).
After this incident I travelled out and came back in using parole. I did not have any problem. So I guess everything is okay.
********************************
Also, one more thing, did my old I-94 really did "expire" ? I mean it had an incorrect date on it (passport instead of I-797), so it shouldn't have expired, right?
I dont understand the question well. If you mean the trouble I-94 expired, Yes its expired. It is our responsibility to look and make sure everything is okay when we leave POE. If there is an error ofcourse we can appeal in the future. On most cases the decision will be favorable to us, if the mistake is genuine one. But nobody wants to get into all these hell and go for appeal, RFE reply blah blah...Send me a private mail with email so that we can be in touch. I will let you know if I get any query or any junk in the future.
**************
Zcool: Did your friend get any query of I485 stage regarding this particular
issue?
That's a little unusual. I myself had passport valid till Jan 06 but my visa was stamped till June 08 and when I entered US the I 94 was valid till June 08 and not till the expiry of the passport.
Is there a rule that the I 94 is stamped till the expiry of passport/End of duration as mentioned on the visa?
Anybody with experience please respond.
Regards.
I'd exact same experience in 2004. Anyway I found out that after 2 months
of I-94 Expiry. My atty ( Murthy ) gave me 3 options
1. Correct I-94, by taking it to Port of Entry ( I couldn't do since my passport and H1B visa and all those
documents were lost when I sent to stamping visa. I'd only I-94 since I sent a copy.... I was in fire at that time :D :D )
2. Get oout of the country and stamp visa and get in ( was not feasible for me for the same reason)
3. Do an H1B amendment, saying a slight modification in job description...
So I took the 3rd option since I'd copies of all docs.
According to my atty this is a grey area in the law. When I took everything to the Local INS office they said me, it doesn't matter the present I-94 is not valid, since I've an older H1B which is still. But please note that all those officers are not well informed. So I did not buy it. My atty told me that I could get a query in the I485 stage, but he said that I'm perfectly okay with 245(K).
After this incident I travelled out and came back in using parole. I did not have any problem. So I guess everything is okay.
********************************
Also, one more thing, did my old I-94 really did "expire" ? I mean it had an incorrect date on it (passport instead of I-797), so it shouldn't have expired, right?
I dont understand the question well. If you mean the trouble I-94 expired, Yes its expired. It is our responsibility to look and make sure everything is okay when we leave POE. If there is an error ofcourse we can appeal in the future. On most cases the decision will be favorable to us, if the mistake is genuine one. But nobody wants to get into all these hell and go for appeal, RFE reply blah blah...Send me a private mail with email so that we can be in touch. I will let you know if I get any query or any junk in the future.
**************
Zcool: Did your friend get any query of I485 stage regarding this particular
issue?
That's a little unusual. I myself had passport valid till Jan 06 but my visa was stamped till June 08 and when I entered US the I 94 was valid till June 08 and not till the expiry of the passport.
Is there a rule that the I 94 is stamped till the expiry of passport/End of duration as mentioned on the visa?
Anybody with experience please respond.
Regards.
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