arihant
02-27 11:28 AM
True, it is not based on a true story as people have pointed out about certain inconsistencies in timeline. There is something called a Satire, people.
I too know of a friend on H1 who lost her father and could not go due to lack of Visa stamping. It just churned our gut seeing her suffering at the time, yet we were all totally helpless to do ANYTHING. :mad:
People, we have an opportunity to do something NOW. So, let us not lose this opportunity.
I too know of a friend on H1 who lost her father and could not go due to lack of Visa stamping. It just churned our gut seeing her suffering at the time, yet we were all totally helpless to do ANYTHING. :mad:
People, we have an opportunity to do something NOW. So, let us not lose this opportunity.
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pointlesswait
05-05 08:37 PM
I would consult an attorney to understand your residency status..
usually at the time of filing your tax you do declare your residency status (like you are a resident of X or Y state..(if i am not wrong)..]
I think its a legal loophole they are exploiting..sad;-(
usually at the time of filing your tax you do declare your residency status (like you are a resident of X or Y state..(if i am not wrong)..]
I think its a legal loophole they are exploiting..sad;-(
sankap
07-20 01:13 PM
Along with the DOB affidavits, do we also need the cert for non-availability of BC?
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mhtanim
10-05 08:10 PM
So what you are saying is that INS and IRS systems are connected?
IRS can go back 3 years unless they have evidence that you understated your income by more than 20%. There are some depreciation issues that may allow them to go back further.
As far as I know, IRS and INS (USCIS) do not share information with each other. USCIS is under the Dept of Homeland Security and IRS is under Department of the Treasury.
I actually read a newscoverage in California couple of years ago where INS sued the IRS for not providing information about the illegal immigrants. INS claimed that they failed to obtain information from the IRS about the illegal immigrants who were filing tax returns using TIN numbers. If I remember correctly, INS lost the lawsuit and IRS was ordered not to release information on people to the INS.
Just to clarify a little more about TIN and SSN is that you cannot get a SSN unlress you have some sort of work authorization (Such as H-1, EAD or even F-1 working/willing to work on-campus) where you can get TIN numbers from IRS and they don't want to know your visa/residency status. So, if you are living illegally in the U.S., you can still get TIN number and file tax returns.
IRS can go back 3 years unless they have evidence that you understated your income by more than 20%. There are some depreciation issues that may allow them to go back further.
As far as I know, IRS and INS (USCIS) do not share information with each other. USCIS is under the Dept of Homeland Security and IRS is under Department of the Treasury.
I actually read a newscoverage in California couple of years ago where INS sued the IRS for not providing information about the illegal immigrants. INS claimed that they failed to obtain information from the IRS about the illegal immigrants who were filing tax returns using TIN numbers. If I remember correctly, INS lost the lawsuit and IRS was ordered not to release information on people to the INS.
Just to clarify a little more about TIN and SSN is that you cannot get a SSN unlress you have some sort of work authorization (Such as H-1, EAD or even F-1 working/willing to work on-campus) where you can get TIN numbers from IRS and they don't want to know your visa/residency status. So, if you are living illegally in the U.S., you can still get TIN number and file tax returns.
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howzatt
07-16 10:09 PM
Call all doctors in your area. When you call them, make sure they put you on their waiting list(in case somebody cancels).
I would even drive 3-4 hours to find a doctor for the medicals. Without the 693 you are asking for a rejection.
I would even drive 3-4 hours to find a doctor for the medicals. Without the 693 you are asking for a rejection.
johnimmi
01-08 10:39 AM
Her visa stamp was expiring on 15Feb07 and she entered US in Dec'06 and she was carrying the extended H4 I-797 valid till 2009. The officer at POE gave the I-94 valid only till 15Feb07. I did lot of research and found the last action on I-94 invalidates the previous ones. So her I-94 was valid only till 15Feb07. I went to the local CBP office and the officer understood what I'm talking about. He took copy of I-94 and issued a new I-94. He faxed it to some company which keeps the I-94 database.
So if possible it's better to go in person and explain. My 2 cents.
I am in a similar situation. "guyfromsg" , you are correct about the 'last action rule'.
1) My old Visa(stamped on my passport) was from Oct 1 2005 - Oct 1 2008.
2) In 04/07, I moved to a new employer. New I797(and its corresponding I-94) is from 04/2007 - 04/2010.
3) Travelled outside US. Before returning, I didn't stamp a new Visa because my old Visa was still good. When returned in Jan 2008, at the POE , the officer issued a new I-94 and stamped the expiry date as Oct 1 2008. He mentioned that since the old visa was expiring on 2008 and because I didn't have a new Visa stamped (even though I had a new 797A) , he can't stamp the I-94 with the '2010' expiration date.
4) My attorney just raised a red flag. He mentioned that the 'last action rule' goes against me. The last
action in this case was 'issuance of a new I-94'. So, the best approach is to get it corrected at the
local CBP - Deferred Inspections Office. He is working on getting some paper work ready.
However, another way to get by this issue would have been to file for a H1-B renewal before my
new I-94(the one issued at the POE) expired.
My attorney explained that according to the new immigration laws, the CBP officer should have stamped the expiration date from the 'LATEST' 797A. Most of the times, the officer will just detach your
I-94 from the latest 797-A and stamp it. This way no one(foreign national + Customs) needs to maintain multiple I-94's. However, not all officers are updated with the current immigration laws and policies. Now I'm waiting for some response from the CBP. I will update this thread once I get some positive feedback.
Thanks for all the great info in this thread guys!!
regards
John.
So if possible it's better to go in person and explain. My 2 cents.
I am in a similar situation. "guyfromsg" , you are correct about the 'last action rule'.
1) My old Visa(stamped on my passport) was from Oct 1 2005 - Oct 1 2008.
2) In 04/07, I moved to a new employer. New I797(and its corresponding I-94) is from 04/2007 - 04/2010.
3) Travelled outside US. Before returning, I didn't stamp a new Visa because my old Visa was still good. When returned in Jan 2008, at the POE , the officer issued a new I-94 and stamped the expiry date as Oct 1 2008. He mentioned that since the old visa was expiring on 2008 and because I didn't have a new Visa stamped (even though I had a new 797A) , he can't stamp the I-94 with the '2010' expiration date.
4) My attorney just raised a red flag. He mentioned that the 'last action rule' goes against me. The last
action in this case was 'issuance of a new I-94'. So, the best approach is to get it corrected at the
local CBP - Deferred Inspections Office. He is working on getting some paper work ready.
However, another way to get by this issue would have been to file for a H1-B renewal before my
new I-94(the one issued at the POE) expired.
My attorney explained that according to the new immigration laws, the CBP officer should have stamped the expiration date from the 'LATEST' 797A. Most of the times, the officer will just detach your
I-94 from the latest 797-A and stamp it. This way no one(foreign national + Customs) needs to maintain multiple I-94's. However, not all officers are updated with the current immigration laws and policies. Now I'm waiting for some response from the CBP. I will update this thread once I get some positive feedback.
Thanks for all the great info in this thread guys!!
regards
John.
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actaccord
03-31 12:06 PM
Done
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Torphoto
July 27th, 2004, 08:10 AM
No one mentioned the Pentax *istD?
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whatamidoinghere
09-11 07:35 PM
this is what I received from my legal..
----
The USCIS and any law enforcement officers have the right to ask you to present your registration document at any time. You should carry proof of your lawful status (such as your valid I-94 card, your green card, or your passport with I-551 stamp) with you at all times. If for any reason this is not possible, you should at least carry a copy of your registration documents.
CAUTION: Failure to carry proof of registration (such as your I-94 card or green card) is a criminal misdemeanor and is punishable by a fine not to exceed $100, imprisonment not to exceed 30 days, or both. In addition, if you willfully fail or refuse to apply for your registration document, you may be convicted of a misdemeanor that carries a fine of up to $1000, or imprisonment of up to six months, or both.
----
So it looks like we should atleast have a copy of the gc (shoved up our ...) and present it when asked by a law enforcement officer. Otherwise be ready to go to jail for 30 days.
----
The USCIS and any law enforcement officers have the right to ask you to present your registration document at any time. You should carry proof of your lawful status (such as your valid I-94 card, your green card, or your passport with I-551 stamp) with you at all times. If for any reason this is not possible, you should at least carry a copy of your registration documents.
CAUTION: Failure to carry proof of registration (such as your I-94 card or green card) is a criminal misdemeanor and is punishable by a fine not to exceed $100, imprisonment not to exceed 30 days, or both. In addition, if you willfully fail or refuse to apply for your registration document, you may be convicted of a misdemeanor that carries a fine of up to $1000, or imprisonment of up to six months, or both.
----
So it looks like we should atleast have a copy of the gc (shoved up our ...) and present it when asked by a law enforcement officer. Otherwise be ready to go to jail for 30 days.
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WeShallOvercome
07-19 01:56 PM
Guys please reply
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gcsim
05-31 02:07 PM
Thanks to all the gurus in IV ...last week I was also being abused with these so called repos and i brought it into everyons notice....i'm so happy to see u guys taking step against them despite of ur busy schedule. thanks once again.
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virald
08-22 12:31 PM
Mine was applied directly to TSC and I am still, waiting
I am in the same boat. July 2nd TSC filing. Nothing yet!
I am in the same boat. July 2nd TSC filing. Nothing yet!
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vgayalu
02-08 09:55 AM
anyway you can check this link..
http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html
I do not need to see for VB.
I need to look intoonly IV.:)
http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html
I do not need to see for VB.
I need to look intoonly IV.:)
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sudhakar_p_v
05-27 07:25 PM
Hi all,
I have sent my application for ead renewal on 05/03 to phoenix lockbox. The application was rxd. and signed for on 05/04.
However i have not seen my checks cashed yet nor received any information from USCIS.
has anyone else experienced delays with phoenix lockbox?
What steps can i take now?
please advice.
I have sent my application for ead renewal on 05/03 to phoenix lockbox. The application was rxd. and signed for on 05/04.
However i have not seen my checks cashed yet nor received any information from USCIS.
has anyone else experienced delays with phoenix lockbox?
What steps can i take now?
please advice.
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xyz2005
08-25 01:40 AM
Hi in case of emergency also one can go to nearest USCIS center and request for AP. I consider this as an emergency also. Request for an urgent AP and they can generate one in less than a week. I think then all of you can go and get wedding cert from India.
I still think...that by being here you can do the following:
1. See if your marriage was registered. If yes then you can get cert from ADM there. If not then tell the ADM office to write on official letter head that both of you got married but marriage was not registered.
2. Also in that case get affidavits from your parents and her parents mentioning the date, day, place of marriage. These will be 4 affidavits. They also should mention that they did not register the marriage at that time.
3. See if you have photos. Get them scanned and take a colored print and get it notarized from magistrate there in India or here.
send all of these to USCIS and you should be done man. I dont think you need to go to India. But again check with lawyer also.
Best Regards,
I still think...that by being here you can do the following:
1. See if your marriage was registered. If yes then you can get cert from ADM there. If not then tell the ADM office to write on official letter head that both of you got married but marriage was not registered.
2. Also in that case get affidavits from your parents and her parents mentioning the date, day, place of marriage. These will be 4 affidavits. They also should mention that they did not register the marriage at that time.
3. See if you have photos. Get them scanned and take a colored print and get it notarized from magistrate there in India or here.
send all of these to USCIS and you should be done man. I dont think you need to go to India. But again check with lawyer also.
Best Regards,
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Leo07
02-25 01:18 PM
There is not a word that I disagree. Your are preaching to the choir:)
I wasn't even talking about the 55K, just the X-55k. X being the all EB immigrants-in-waiting. They will join after the advocacy day if they change their opinion, if not there's no change whatsoever.
Hypothetically speaking, let's assume all the 55,000 members in IV are active but are not organized under one umbrella (IV). Each of them have the same problem (stuck in the backlogs) and each of them approach lawmakers. Each discusses their own personal case and each of them discuss about a solution that fits them - (human nature). Some of them may be the very same provisions as IV. But will these 55,000 people mention all the provisions? chances are - No.
So, there will be no coherent messaging, even though there are 55,000 people participating simultaneously.
Second, without being an organized unit, we loose the collective strength. Say a lawmaker is interested in fixing our problems - his task will be tremendous - he probably has only 10 people who have approached his office to fix the problem - so not only does he have to find out if there is a wide range of people affected by this problem, he also has to contact each of the 10 people individually. Guess what? he too will suggest for the 10 people to join forces and be under one umbrella.
What I am trying to say is that IV has already brought us together. It has built good relations with key people in DC. It has done the ground work. Why not build on the sound foundation?
In life we are ready to be grouped as Indians, Indian-Americans, Asians, Male, Female, Married, Unmarried, Hindu, Christian, Muslim, political organizations (we believe in one or the other - independents, democrats, republicans, congress, bjp), Unions, Employees of Cisco, IBM, Desi Consulting - what is wrong in identifying oneself in a group if you believe in it? By nature we are a collective group, but we think that it is wrong/unnecessary to belong to a group! We think we are smarter for being independent. But the truth is that even the most independent of the guys lives in a society. He may not accept it, but that does not change the facts.
Bottom line is, what each one of us believe in. If we believe in a cause, we will find a way to work on it. Quantity matters only when there is quality. If we have to depend on only one, my preference would be on quality. I want the loudest person, but at the same time, I want that loud person to be shouting the message that I want - or else it defeats the purpose.
Leo, this is just my opinion, not IV's - though I would think IV will agree with me. I believe in collective strength and individual's logic to think matters through.
I have nothing more to say.
I wasn't even talking about the 55K, just the X-55k. X being the all EB immigrants-in-waiting. They will join after the advocacy day if they change their opinion, if not there's no change whatsoever.
Hypothetically speaking, let's assume all the 55,000 members in IV are active but are not organized under one umbrella (IV). Each of them have the same problem (stuck in the backlogs) and each of them approach lawmakers. Each discusses their own personal case and each of them discuss about a solution that fits them - (human nature). Some of them may be the very same provisions as IV. But will these 55,000 people mention all the provisions? chances are - No.
So, there will be no coherent messaging, even though there are 55,000 people participating simultaneously.
Second, without being an organized unit, we loose the collective strength. Say a lawmaker is interested in fixing our problems - his task will be tremendous - he probably has only 10 people who have approached his office to fix the problem - so not only does he have to find out if there is a wide range of people affected by this problem, he also has to contact each of the 10 people individually. Guess what? he too will suggest for the 10 people to join forces and be under one umbrella.
What I am trying to say is that IV has already brought us together. It has built good relations with key people in DC. It has done the ground work. Why not build on the sound foundation?
In life we are ready to be grouped as Indians, Indian-Americans, Asians, Male, Female, Married, Unmarried, Hindu, Christian, Muslim, political organizations (we believe in one or the other - independents, democrats, republicans, congress, bjp), Unions, Employees of Cisco, IBM, Desi Consulting - what is wrong in identifying oneself in a group if you believe in it? By nature we are a collective group, but we think that it is wrong/unnecessary to belong to a group! We think we are smarter for being independent. But the truth is that even the most independent of the guys lives in a society. He may not accept it, but that does not change the facts.
Bottom line is, what each one of us believe in. If we believe in a cause, we will find a way to work on it. Quantity matters only when there is quality. If we have to depend on only one, my preference would be on quality. I want the loudest person, but at the same time, I want that loud person to be shouting the message that I want - or else it defeats the purpose.
Leo, this is just my opinion, not IV's - though I would think IV will agree with me. I believe in collective strength and individual's logic to think matters through.
I have nothing more to say.
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WillIBLucky
12-11 01:17 PM
Yes I wont be surprised if they come up after 2 years saying "all applicants who already have approved i-140(and retrogressed) should refile to verification and should be filed in "Premium Processing Only"......Hmm thats a juicy amount for the administration.
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calboy78
08-05 11:17 PM
I don't know how much truth it has - but this is what a friend told me:
1. The GC holder goes back to home country for > 1 year and loses GC.
2. Get married over there
3. After some time come back on H1-H4 and use the same I-140 that you had used for your 485 earlier; and apply for new 485 based on old I-140 (this time for both husband and wife)..also apply for AP and EAD so that even if one loses job, s/he can work on EAD. The person mentioned that I-140 approval and priority date are for whole life (as per current law).
I have hard time digesting this myself, however it woudn't hurt to consult USCIS or a lawyer to know if this is right.
================================================== ==
If someone didn't like this post - "please" feel free to add a red dot .
1. The GC holder goes back to home country for > 1 year and loses GC.
2. Get married over there
3. After some time come back on H1-H4 and use the same I-140 that you had used for your 485 earlier; and apply for new 485 based on old I-140 (this time for both husband and wife)..also apply for AP and EAD so that even if one loses job, s/he can work on EAD. The person mentioned that I-140 approval and priority date are for whole life (as per current law).
I have hard time digesting this myself, however it woudn't hurt to consult USCIS or a lawyer to know if this is right.
================================================== ==
If someone didn't like this post - "please" feel free to add a red dot .
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memyselfandus
07-16 10:12 PM
Is it possible to file I-485 without I-693(Medical) ?
The reason I ask is that I cannot get a doctor's appointment in July. For some reason, if we are able to file in July, can I submit the 485 first and submit teh I-693 later.
Please advise
As per the bulletin I read, USCIS has indicated they will reject the application without I-693 period. Hence search across whole of US; if need be. Remember another thing, the appointment with Dr. is always two times; first time they take your blood (for AIDS test); then they will call second time after the blood analysis is done; if everything is fine, they would sign the I-693 and put that in a sealed envolpe.
https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV
The reason I ask is that I cannot get a doctor's appointment in July. For some reason, if we are able to file in July, can I submit the 485 first and submit teh I-693 later.
Please advise
As per the bulletin I read, USCIS has indicated they will reject the application without I-693 period. Hence search across whole of US; if need be. Remember another thing, the appointment with Dr. is always two times; first time they take your blood (for AIDS test); then they will call second time after the blood analysis is done; if everything is fine, they would sign the I-693 and put that in a sealed envolpe.
https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV
rajabeta
10-01 12:19 PM
who gets ead, me or my lawyer?
srikondoji
02-04 03:37 PM
Hi guys,
I have booked an online visa appointment (Chennai consulate) on Feb 26th.
Help me with what is all required for Visa stamping.
Anything to be really careful about?
Any tips will be highly appreciated.
I have booked an online visa appointment (Chennai consulate) on Feb 26th.
Help me with what is all required for Visa stamping.
Anything to be really careful about?
Any tips will be highly appreciated.
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