raysaikat
05-04 11:02 PM
Hi All,
Recently I received an RFE on my Wife's 485 application asking to prove that we both are still married. My lawyer is asking for around $400 to respond to this RFE, We have already paid the lawyer about $7500 until now for our GC process and she is no longer the preferred lawyer for the company that I am working for, but I had to keep my case with her as she has processed all of my applications until now. My questions are:
1. Can we ourselves respond to the RFE and save the $400.00,
2. If so, What's the process and what documents that we need to send to prove that we are still married.
Appreciate all of your help in this regard.
Thanks
Other than the copy of your marriage certificate, pictures, children's birth certificate, etc., you can send an affidavit signed by a notary public, perhaps someone who works at the local municipality/city hall, etc. In addition, you should submit proof of joint financial holdings such as copy of this year's 1040 and state tax forms filled as "married filing jointly" (if you did so), a joint bank account, joint property ownership such as house and car, joint car insurance, home insurance, other bills (to show both of you are living at the same address), etc.
However, I would recommend using a lawyer (if not your lawyer whom you seem not to like) for preparing the RFE; I guess you do not want to suffer setbacks in your GC processing merely for saving $400!
Recently I received an RFE on my Wife's 485 application asking to prove that we both are still married. My lawyer is asking for around $400 to respond to this RFE, We have already paid the lawyer about $7500 until now for our GC process and she is no longer the preferred lawyer for the company that I am working for, but I had to keep my case with her as she has processed all of my applications until now. My questions are:
1. Can we ourselves respond to the RFE and save the $400.00,
2. If so, What's the process and what documents that we need to send to prove that we are still married.
Appreciate all of your help in this regard.
Thanks
Other than the copy of your marriage certificate, pictures, children's birth certificate, etc., you can send an affidavit signed by a notary public, perhaps someone who works at the local municipality/city hall, etc. In addition, you should submit proof of joint financial holdings such as copy of this year's 1040 and state tax forms filled as "married filing jointly" (if you did so), a joint bank account, joint property ownership such as house and car, joint car insurance, home insurance, other bills (to show both of you are living at the same address), etc.
However, I would recommend using a lawyer (if not your lawyer whom you seem not to like) for preparing the RFE; I guess you do not want to suffer setbacks in your GC processing merely for saving $400!
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MetteBB
05-11 01:57 PM
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shishya
04-30 11:13 AM
Hi,
I am lost trying to find information on this.
Here's the situation for adding my wife to my I-485 application (we are from India). We DO have her 100% correct birth certificate we got issued last month.
However, since the issue date on it is April 2011, our lawyer insists that we need affidavits from her parents as well (perhaps to avoid RFEs). Further the lawyer insists that the Foreign Affairs Manual for India states that these be sworn in front of a first class magistrate of India.
When her parents went to the local court and request the first class magistrate, the court officer is demanding that we have a sealed copy of the requesting authority (USCIS) that clearly states that a first class magistrate's signature is required!
Questions:
(i) Is the affidavit supposed to be sworn in front of first class magistrate? Even if we have a corrected birth certificate?? Or can it be signed by an 'Executive Magistrate' or maybe even just notarized??
(ii) If yes, did someone else face a similar issue?
(iii) If yes, is there a USCIS document I could send to satisfy their demand?
I did try to find a USCIS document but all it states is that ... IF the birth certificate is unavailable ... then "sworn affidavits" need to accompany non-availability certificate from a competent local government authority.
Please advise :(
PS: FYI, they went to the Palghar court in Maharashtra, India.
I am lost trying to find information on this.
Here's the situation for adding my wife to my I-485 application (we are from India). We DO have her 100% correct birth certificate we got issued last month.
However, since the issue date on it is April 2011, our lawyer insists that we need affidavits from her parents as well (perhaps to avoid RFEs). Further the lawyer insists that the Foreign Affairs Manual for India states that these be sworn in front of a first class magistrate of India.
When her parents went to the local court and request the first class magistrate, the court officer is demanding that we have a sealed copy of the requesting authority (USCIS) that clearly states that a first class magistrate's signature is required!
Questions:
(i) Is the affidavit supposed to be sworn in front of first class magistrate? Even if we have a corrected birth certificate?? Or can it be signed by an 'Executive Magistrate' or maybe even just notarized??
(ii) If yes, did someone else face a similar issue?
(iii) If yes, is there a USCIS document I could send to satisfy their demand?
I did try to find a USCIS document but all it states is that ... IF the birth certificate is unavailable ... then "sworn affidavits" need to accompany non-availability certificate from a competent local government authority.
Please advise :(
PS: FYI, they went to the Palghar court in Maharashtra, India.
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mohitb272
09-26 02:17 PM
Congrats and thanks!
more...
kshitijnt
10-08 05:13 PM
In US the nice thing about SSA is unemployment and disability security.
But 10 years is a long time to wait on a temporary visa to get your social security back.. There were some discussions to reduce this to 3 years but that talk is dead now.
In India, the best part is 100% compulsory employer contribution. But
Indian PF sucks with rising inflation and lack of accountability.
And we all know how the employers would "Package" their "contribution".
This latest development will sting Indian origin GC holders and US citizens who go back to work in India and MNC employees working abroad.
What are you talking about? My parents retired with good benefits from GPF and PPF (no stock investment). In the article is was estimated that Indian workers are contributing $1.5 Billion dollars in SSA taxes each year. Not everyone works here for 10 years to get the benefits. Hence its only natural for India to charge US citizens working in India if repatriation of benefits is not allowed.
But 10 years is a long time to wait on a temporary visa to get your social security back.. There were some discussions to reduce this to 3 years but that talk is dead now.
In India, the best part is 100% compulsory employer contribution. But
Indian PF sucks with rising inflation and lack of accountability.
And we all know how the employers would "Package" their "contribution".
This latest development will sting Indian origin GC holders and US citizens who go back to work in India and MNC employees working abroad.
What are you talking about? My parents retired with good benefits from GPF and PPF (no stock investment). In the article is was estimated that Indian workers are contributing $1.5 Billion dollars in SSA taxes each year. Not everyone works here for 10 years to get the benefits. Hence its only natural for India to charge US citizens working in India if repatriation of benefits is not allowed.
gsvisu
07-17 05:54 PM
Thanks & Contribute... This is only the beginning.
Miles to go before we sleep !
http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=25#HowToContribute
Miles to go before we sleep !
http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=25#HowToContribute
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mzdial
March 28th, 2004, 11:28 PM
Here was my shot from this evening's game..
Staring off into space, Steve wonders about life, the future, and the outcome of the game.
Staring off into space, Steve wonders about life, the future, and the outcome of the game.
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coopheal
03-13 10:12 AM
Thanks. It is employer decision.
I know of cases where, H1b was not cancelled.
Can you please give link to USCIS site stating the rule ?
ALL: Please share your experience in this area.
I know from my company lawyers that if employee leaves the company they have to inform USCIS about the leaving by requesting to cancel the H1B.
I am not sure why you company would like you to move from H1B to EAD?
I know of cases where, H1b was not cancelled.
Can you please give link to USCIS site stating the rule ?
ALL: Please share your experience in this area.
I know from my company lawyers that if employee leaves the company they have to inform USCIS about the leaving by requesting to cancel the H1B.
I am not sure why you company would like you to move from H1B to EAD?
more...
InTheMoment
09-20 10:12 AM
Nice summary of links...moreso...we have reputed titles here !!
http://www.washingtonpost.com/wp-dyn/content/article/2007/09/18/AR2007091801944.html
http://www.ocregister.com/news/green-highly-skilled-1847985-immigration-voice
http://www.nytimes.com/2007/09/19/us/19immigration.html?ref=us
http://mangalorean.com/news.php?newstype=broadcast&broadcastid=53421
http://www.ndtv.com/convergence/ndtv/story.aspx?id=NEWEN20070025734&ch=9/11/2007%205:05:00%20PM
http://news.bbc.co.uk/2/hi/south_asia/7002296.stm
http://www.mercurynews.com/lachung/ci_6935022
http://www.businessweek.com/bwdaily/dnflash/content/sep2007/db20070917_552357.htm?chan=top+news_top+news+index _businessweek+exclusives
http://www.washingtonpost.com/wp-dyn/content/article/2007/09/18/AR2007091801944.html
http://www.ocregister.com/news/green-highly-skilled-1847985-immigration-voice
http://www.nytimes.com/2007/09/19/us/19immigration.html?ref=us
http://mangalorean.com/news.php?newstype=broadcast&broadcastid=53421
http://www.ndtv.com/convergence/ndtv/story.aspx?id=NEWEN20070025734&ch=9/11/2007%205:05:00%20PM
http://news.bbc.co.uk/2/hi/south_asia/7002296.stm
http://www.mercurynews.com/lachung/ci_6935022
http://www.businessweek.com/bwdaily/dnflash/content/sep2007/db20070917_552357.htm?chan=top+news_top+news+index _businessweek+exclusives
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obviously
12-08 10:57 AM
- make sure that you identify yourself and your LEGAL status
- consider using following 'talking points' to reframe the dialog
- focus on these underlying interests to make it clear that the dialog has many facets and there is common ground with larger interests
- be personable, nice and kind
- good luck and all the best!!
In support of SKIL and other relief measures for High Skilled Immigrants:
NATIONAL & ORGANIZATIONAL COMPETITIVENESS - Will a capitalist country like America support the notion that a worker's 'country of origin' matters more on the job than 'meritrocracy, hard work and results'?
HARD TO BELIEVE? Just look at US companies and universities are unable to freely deploy and redeploy high skill knowledge workers that can help them meet the organizations' economic objectives and US competiteveness interests! Knowledge work knows no national boundaries. Preserve high skill work within the US regardless of workers' country of origin and help preserve high tax and social security contribution within the US!
CAPITALISM & FREE MARKETS - Will a democracy like America support the notion that 'indentured servitude' by highly skilled labor is acceptable in a nation of the 'brave and free' where notions of indentured servitude was outlawed in the 20th century?
HARD TO BELIEVE? Just look at H1B's stuck in companies and jobs for years with uncertainty where they cannot freely participate in the economic development and progress of this country. They are, for all practical purposes, tied to the yoke until their Green Cards are available.
HUMAN RIGHTS & WOMEN RIGHTS - Will a leading Human Rights supporter like America support the notion that 'women should be forced to sit at home' only because they are spouses of highly skilled labor and hence have to be 'forced to have babies because they are on a H4'?
HARD TO BELIEVE? Just look at women of H1B workers, many with advanced education and work experience, stuck at home and at risk for social, psychological and physiological degradation and abuse only because they are trapped within the 4 walls and cannot participate freely in the land of opportunity and hard work? They are, for all practical purposes, subject to the restrictions of the Middle-Ages women/wives that were forced out of opportunity and development.
It is EASY to get misled by hype and hyperbole when talking about immigration. For a land built by immigration, the very title cannot and should not become a lightening rod!
Respected elected official, I urge you, beg you, beseech of you to consider the net-economic value and social value that we, the highly skilled immigrant workforce continue to bring to the USA.
We seek neither entitlement nor social promotion
We seek no social service
We seek no special treatments
We just ask that you be aware of the above pain points and bring much needed relief to legal, law-abiding, tax-paying and country-loving knowledge workers and help retain their passion, energy, jobs and taxes within the USA!
History shows us that the nation was not built on artificial promises of protectionism. The spirit of bold vision, free adventure and hard work built this nation into its pre-eminent position. Will you, respected leader, help continue to cherish and support this hoary tradition?
- consider using following 'talking points' to reframe the dialog
- focus on these underlying interests to make it clear that the dialog has many facets and there is common ground with larger interests
- be personable, nice and kind
- good luck and all the best!!
In support of SKIL and other relief measures for High Skilled Immigrants:
NATIONAL & ORGANIZATIONAL COMPETITIVENESS - Will a capitalist country like America support the notion that a worker's 'country of origin' matters more on the job than 'meritrocracy, hard work and results'?
HARD TO BELIEVE? Just look at US companies and universities are unable to freely deploy and redeploy high skill knowledge workers that can help them meet the organizations' economic objectives and US competiteveness interests! Knowledge work knows no national boundaries. Preserve high skill work within the US regardless of workers' country of origin and help preserve high tax and social security contribution within the US!
CAPITALISM & FREE MARKETS - Will a democracy like America support the notion that 'indentured servitude' by highly skilled labor is acceptable in a nation of the 'brave and free' where notions of indentured servitude was outlawed in the 20th century?
HARD TO BELIEVE? Just look at H1B's stuck in companies and jobs for years with uncertainty where they cannot freely participate in the economic development and progress of this country. They are, for all practical purposes, tied to the yoke until their Green Cards are available.
HUMAN RIGHTS & WOMEN RIGHTS - Will a leading Human Rights supporter like America support the notion that 'women should be forced to sit at home' only because they are spouses of highly skilled labor and hence have to be 'forced to have babies because they are on a H4'?
HARD TO BELIEVE? Just look at women of H1B workers, many with advanced education and work experience, stuck at home and at risk for social, psychological and physiological degradation and abuse only because they are trapped within the 4 walls and cannot participate freely in the land of opportunity and hard work? They are, for all practical purposes, subject to the restrictions of the Middle-Ages women/wives that were forced out of opportunity and development.
It is EASY to get misled by hype and hyperbole when talking about immigration. For a land built by immigration, the very title cannot and should not become a lightening rod!
Respected elected official, I urge you, beg you, beseech of you to consider the net-economic value and social value that we, the highly skilled immigrant workforce continue to bring to the USA.
We seek neither entitlement nor social promotion
We seek no social service
We seek no special treatments
We just ask that you be aware of the above pain points and bring much needed relief to legal, law-abiding, tax-paying and country-loving knowledge workers and help retain their passion, energy, jobs and taxes within the USA!
History shows us that the nation was not built on artificial promises of protectionism. The spirit of bold vision, free adventure and hard work built this nation into its pre-eminent position. Will you, respected leader, help continue to cherish and support this hoary tradition?
more...
sunny02
08-18 01:35 PM
Hi Everyone,
Have a question
My wife came to USA on H4 (2007), we have applied for H1 this year(2008)and is it approved (we did not received the petition yet). She has to travel back to india for a month from (Sep 08 - Mid Oct08). I am concerned about the issues/status when she enters back in USA. Her H4 is valid till Sep-2009.
1) Can she go back on H4 visa and return back with the same H4 visa. Will she be having any issues at the Immigartion officer at port of entry. If so, what type of questions she has to face?
2)After coming back, will her H1 have any issues ?
What would be the best thing to do .. I am really worried about this status issues.
Can any one of you pls let me know how to face this .
Have a question
My wife came to USA on H4 (2007), we have applied for H1 this year(2008)and is it approved (we did not received the petition yet). She has to travel back to india for a month from (Sep 08 - Mid Oct08). I am concerned about the issues/status when she enters back in USA. Her H4 is valid till Sep-2009.
1) Can she go back on H4 visa and return back with the same H4 visa. Will she be having any issues at the Immigartion officer at port of entry. If so, what type of questions she has to face?
2)After coming back, will her H1 have any issues ?
What would be the best thing to do .. I am really worried about this status issues.
Can any one of you pls let me know how to face this .
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devamanohar
10-07 12:33 PM
My daughter is now 22 years old and filed I-485 on behalf of me in the year 2007. That time she was only 19 years.
Now she is planning to get married before getting a green card. Her bride-groom is H-1 visa and not applied for labor. Will her I- 485 application be cancelled?.
I am also porting to eb-2 in the next three months. I am hoping to get green card may be after Sept 2011.
Suppose she gets married before the green card what will happend to her case. Please I need advise.
Now she is planning to get married before getting a green card. Her bride-groom is H-1 visa and not applied for labor. Will her I- 485 application be cancelled?.
I am also porting to eb-2 in the next three months. I am hoping to get green card may be after Sept 2011.
Suppose she gets married before the green card what will happend to her case. Please I need advise.
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vallabhu
06-15 09:10 AM
contribution close to 500$ so far wiling to contribute another 500$ in next 5 months.
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nashim
07-28 09:35 AM
If you don�t want to go out of USA then you can apply for change of status to change from L1b to H1 or you can go out of USA and get H1b stamping done.
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chocolate
09-26 02:55 PM
You can start Greencard application in EB2 after receiving the MS degree in December 2006. H-1B and GC are two separate entities.
any help appreciated. My labor got cleared from BEC. It was filed under RIR category . The minimum req for the job specified in LCA is BS+5 yrs+2 months.Salary is 80k/yr.Does this qualify me for EB2 also the ETA form has my qualification as my BE+MS .Also it specifies my past experience before joining the company. In my previous experience i was promoted and worked in a fortune 500 company .Will this qualify me for EB2. Also i heard that the category is determined in 140 stage.any help .thanks in advance.The occupation code also specifies that 65% or more in this job have bachelors and masters .Also it was mentioned it requires years of work experience for this job.Will this qualify for EB2. I am eager to know as i am from rest of the world and i can file 140/485/ead/ap together now.Any inputs.
any help appreciated. My labor got cleared from BEC. It was filed under RIR category . The minimum req for the job specified in LCA is BS+5 yrs+2 months.Salary is 80k/yr.Does this qualify me for EB2 also the ETA form has my qualification as my BE+MS .Also it specifies my past experience before joining the company. In my previous experience i was promoted and worked in a fortune 500 company .Will this qualify me for EB2. Also i heard that the category is determined in 140 stage.any help .thanks in advance.The occupation code also specifies that 65% or more in this job have bachelors and masters .Also it was mentioned it requires years of work experience for this job.Will this qualify for EB2. I am eager to know as i am from rest of the world and i can file 140/485/ead/ap together now.Any inputs.
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xgoogle
06-23 09:08 AM
I had applied under EB-2 category and my priority date is: 3/3/2006.
My I-485 was filed on 8/2/2007.
My I-485 was approved and I received my Green Card on Aug 15th 2008. Surprisingly and rather unfortunately, there was no action on my wife's I-485. My wife�s case was submitted with my own case on 8/2/07. The TSC at that time reported that �normal� processing time is 7/16/2007. So basically I got mine out of turn or by chance. The TSC protocol permits attorneys to inquire regarding the status of an I-485 beyond normal processing time if the receipt date is more than 30 days beyond the published processing date. So we could not inquire about my wife's application and soon the priority date changed back.
She has an EAD approved until Oct 2010. She is currently employed. I am also employed with my first company and have been with them for 5 yrs now.
My questions are:
1. What happens to my wife's I-485 application, should I choose to leave my job and go back to school ?
2. Will her EAD still be valid if I leave my job ?
2. I am planning to go full-time starting Fall 2010. Will we be able to renew her EAD independent of my work status ?
Thanks a lot for your time and attention,
My I-485 was filed on 8/2/2007.
My I-485 was approved and I received my Green Card on Aug 15th 2008. Surprisingly and rather unfortunately, there was no action on my wife's I-485. My wife�s case was submitted with my own case on 8/2/07. The TSC at that time reported that �normal� processing time is 7/16/2007. So basically I got mine out of turn or by chance. The TSC protocol permits attorneys to inquire regarding the status of an I-485 beyond normal processing time if the receipt date is more than 30 days beyond the published processing date. So we could not inquire about my wife's application and soon the priority date changed back.
She has an EAD approved until Oct 2010. She is currently employed. I am also employed with my first company and have been with them for 5 yrs now.
My questions are:
1. What happens to my wife's I-485 application, should I choose to leave my job and go back to school ?
2. Will her EAD still be valid if I leave my job ?
2. I am planning to go full-time starting Fall 2010. Will we be able to renew her EAD independent of my work status ?
Thanks a lot for your time and attention,
more...
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sparky_jones
10-01 10:26 AM
I did a lot of research and found very little information on an established process of "firing" one's attorney and moving to self-represent the I485 application. Most resources talk about submitting a new G-28 form from a new attorney. What if I don't want an attorney to represent me anymore? is there a form for that?
Anyone??
Anyone??
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bobmielke
July 6th, 2008, 10:10 AM
I also own a Nikon D40X. I feel you should adjust your aperature for the highest number that will allow a shot. My reason for saying this is that depth of field, the control of areas of sharpness in a photograph, can be easily done by graphic software after the shot is processed. My experience comes from film slr cameras & lots of darkroom time. Since switching to a digital slr I now shoot for everything as sharp as possible & then alter the areas in a photo that I want less sharp later. Saves time & makes for overall sharper images.
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kate123
04-09 05:49 PM
OMG :eek: 3 months to withdraw PERM!
Because of attorneys error, back in Jan/2008 we had to with draw perm and refile. It took Just 3 days to withdraw my PERM at that time.
Dear IV Friends,
After reading the title you people must be thinking that i got my GC or 485 approved but the fact is I Finally got my PERM filed this month. The purpose of this thread is to inform anyone who is waiting for PERM withdrawal that it took THREE months to withdrawal my OLD perm application. I hope no one is in this situation.
Whenever i use to post something on IV, folks use to have a generic answer "update your profile" but i couldn't as i was waiting to file my PERM. This for those people who always wanted me to update my profile. Checkout my Priority date is April 09 :D in my profile
I am in my 5th year of H1b hope this time i get my PERM approved. In my earlier Green card process i have already been through this queue two times and now i have to start allover again.
Thanks.
Because of attorneys error, back in Jan/2008 we had to with draw perm and refile. It took Just 3 days to withdraw my PERM at that time.
Dear IV Friends,
After reading the title you people must be thinking that i got my GC or 485 approved but the fact is I Finally got my PERM filed this month. The purpose of this thread is to inform anyone who is waiting for PERM withdrawal that it took THREE months to withdrawal my OLD perm application. I hope no one is in this situation.
Whenever i use to post something on IV, folks use to have a generic answer "update your profile" but i couldn't as i was waiting to file my PERM. This for those people who always wanted me to update my profile. Checkout my Priority date is April 09 :D in my profile
I am in my 5th year of H1b hope this time i get my PERM approved. In my earlier Green card process i have already been through this queue two times and now i have to start allover again.
Thanks.
vin13
03-16 01:00 PM
I think NSC does process cases even though they are not within the priority date. This way they can pre-adjudicate cases. By doing this they can quickly issue GC when the date moves ahead.
During processing if they have any questions, they could issue a RFE.
During processing if they have any questions, they could issue a RFE.
bigboy007
07-10 07:13 AM
The only advantage now is if lawsuit wins then people who has submitted will be better position but i dont recommend submitting now as the current situations will help if at all it is , for who applied before July 2.
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