vxb2004
04-28 09:21 PM
I guess employer need to revoke unused H1Bs as part of H1B rules. Maybe that is the reason employer revoked past H1Bs to keep their side clean.
I remember reading Murthy bullettin where she mentioned back-wages are an issue if H1B is not explicitly revoked.
My guess.
My previous attorney also mentioned the same thing. Looking at this thread it seems all soft/hard lud's were generated on Sunday, April 26th. Maybe a computer program flagged these cases.
I remember reading Murthy bullettin where she mentioned back-wages are an issue if H1B is not explicitly revoked.
My guess.
My previous attorney also mentioned the same thing. Looking at this thread it seems all soft/hard lud's were generated on Sunday, April 26th. Maybe a computer program flagged these cases.
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kondur_007
08-17 10:47 PM
This is actually a very important matter for you; my best advise would be to contact a good attorney and get the advise. You do not want to put your GC in jeopardy based on opinion from other people who may have incomplete information.
Just my opinion.
Good Luck.
Just my opinion.
Good Luck.
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ramus
06-11 12:08 PM
Man,
Get some education.. We call ourself highly educated...
If you have urgent question then you can just PM core team.. Oh well but you won't know how to PM either.
Asked Core Iv A Question And They Deleted The Thread
--------------------------------------------------------------------------------
I asked IV core on what version of immigration bill they support because I and other people wanted to know since there are so many amendments to the current immigration bill and Now I log in to see , the thread is missing, why, my question was straight forward, again I am asking them on what form of immigration bill they support. I highly doubt In what they are doing looks like they are working for the benefit of them self. Guys please don�t be ignorant and its your right to ask the question don�t be a dumb crowd but ask questions.
I am too in the same GC queue with I140 and I485 filed and pending, so don�t count me as anti � immigrant but also want to see the betterment of others too who are in GC process and will be effected due to the introduction of the new bill.
Get some education.. We call ourself highly educated...
If you have urgent question then you can just PM core team.. Oh well but you won't know how to PM either.
Asked Core Iv A Question And They Deleted The Thread
--------------------------------------------------------------------------------
I asked IV core on what version of immigration bill they support because I and other people wanted to know since there are so many amendments to the current immigration bill and Now I log in to see , the thread is missing, why, my question was straight forward, again I am asking them on what form of immigration bill they support. I highly doubt In what they are doing looks like they are working for the benefit of them self. Guys please don�t be ignorant and its your right to ask the question don�t be a dumb crowd but ask questions.
I am too in the same GC queue with I140 and I485 filed and pending, so don�t count me as anti � immigrant but also want to see the betterment of others too who are in GC process and will be effected due to the introduction of the new bill.
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akilaakka
03-02 09:51 AM
Thanks SL & Lost in GC process,
Sorry for not being clear in C & D. I am in US. The question I meant to ask is about the the time that I am not physically present in US i.e. If I went for vacction in India for a month, can that one month be included in my H1B1 extension since I was not physically present in US. In other words I would file for 1.1 year extension as opposed to 1 year
One the same topic, a friend of mine got a three year extension post 6 years of H1B. When asked, his lawyer informed, if you have an approved I140 then you are elegible for 3 years extension as opposed to 1 year. Is this true. Can some refer to the right CFR's
Thanks
Senthil
Sorry for not being clear in C & D. I am in US. The question I meant to ask is about the the time that I am not physically present in US i.e. If I went for vacction in India for a month, can that one month be included in my H1B1 extension since I was not physically present in US. In other words I would file for 1.1 year extension as opposed to 1 year
One the same topic, a friend of mine got a three year extension post 6 years of H1B. When asked, his lawyer informed, if you have an approved I140 then you are elegible for 3 years extension as opposed to 1 year. Is this true. Can some refer to the right CFR's
Thanks
Senthil
more...
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sidd_k2002
02-10 05:10 PM
Hello All,
I am in a very odd situation which i would like to explain and get help from people here. I am a computer science student,who came on a F1 visa in USA in Jan 2007. I studied hard, and got good grades , and thereby got an internship in a good company immediately after 1 year , in Feb 2008. I was working on CPT(Curicullar practical training i.e work permit),which was full time, until Jan 2009 ,when i graduated.
Now i want to call my parents on a Vistors B category visa for my graduation.
I have a full time job since one year, so i am thinking of the fact , whether i could send a sponsorship letter to them in order for them to visit for my graduation ceremony. I have already taken a invitation letter from my school to invite them. Following are the points of my concern.
1: It was shown 2 years back that my father sponsored me for my education. So is it fair enough to show that i am sponsoring him immediately after 2 years?. Please note that i m still on F1 visa, and working now on my OPT. (My H1 will be filed this time in April 2009)
2: I read in a forum that students cannot sponsor there parents for there visitors visa for there graduation, because they are the ones ,who take there sponsorship, when they come for there studies. Is this true enough, even if i am working for 1 year now.
3: My father has already retired from a bank job, so he is not working. All his funds are in FDs (about 7 lacs), with a liquid cash of around 8 lacs in the bank, and a pension amount of 9,000 rs per month( which is quite low to tell to the visa officer). Is it okay for him to show his self sponsorship for him and my mother in this case? Will these funds be okay? If he is retired then will his income be not asked by the officer.
4: My parents visa has got rejected twice 3 years back, when they were trying to visit USA, under the sponsorship of my cousin. Then will this thing affect the issue this time again?
Friends i really want my parents to visit me for my graduation this MAY.They are in a dilemma about what to do in this situation. Please advice me in this case.
Thanks in advance
I am in a very odd situation which i would like to explain and get help from people here. I am a computer science student,who came on a F1 visa in USA in Jan 2007. I studied hard, and got good grades , and thereby got an internship in a good company immediately after 1 year , in Feb 2008. I was working on CPT(Curicullar practical training i.e work permit),which was full time, until Jan 2009 ,when i graduated.
Now i want to call my parents on a Vistors B category visa for my graduation.
I have a full time job since one year, so i am thinking of the fact , whether i could send a sponsorship letter to them in order for them to visit for my graduation ceremony. I have already taken a invitation letter from my school to invite them. Following are the points of my concern.
1: It was shown 2 years back that my father sponsored me for my education. So is it fair enough to show that i am sponsoring him immediately after 2 years?. Please note that i m still on F1 visa, and working now on my OPT. (My H1 will be filed this time in April 2009)
2: I read in a forum that students cannot sponsor there parents for there visitors visa for there graduation, because they are the ones ,who take there sponsorship, when they come for there studies. Is this true enough, even if i am working for 1 year now.
3: My father has already retired from a bank job, so he is not working. All his funds are in FDs (about 7 lacs), with a liquid cash of around 8 lacs in the bank, and a pension amount of 9,000 rs per month( which is quite low to tell to the visa officer). Is it okay for him to show his self sponsorship for him and my mother in this case? Will these funds be okay? If he is retired then will his income be not asked by the officer.
4: My parents visa has got rejected twice 3 years back, when they were trying to visit USA, under the sponsorship of my cousin. Then will this thing affect the issue this time again?
Friends i really want my parents to visit me for my graduation this MAY.They are in a dilemma about what to do in this situation. Please advice me in this case.
Thanks in advance
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s416504
08-29 01:09 PM
I do agree with IV Core Team and I am sure we will show good strength at DC
more...
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sk.aggarwal
03-19 01:50 PM
Still waiting for PWD. My 6th year on H1 including recapture time will end on May 1st 2011. I dont think I will be able to file perm before May.
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ksrk
06-02 03:51 PM
Hi,
I've already completed my 6 yrs on H1, have my 140 approved, applied for extension and got it (before 6 yr expiry). The extension has been approved for 3 years.
Now -- I need to change employers as my employer is asking me to become full time from consulting.
2 questions:
1. Can I use this extension to change employers?
2. Can I start the GC process with the 140 priority date? (Feb '08)?
Thanks
PS: I apologize if this is in the wrong forum.
You will have to restart your GC process, but once you have the new PERM and I-140 approved, you can recapture your old PD (which is Feb '08), but you can't use provisions from the AC21 unless your AOS was pending for at least 180 days when you make the change.
This is not legal advise - a lawyer consultation is highly recommended.
I've already completed my 6 yrs on H1, have my 140 approved, applied for extension and got it (before 6 yr expiry). The extension has been approved for 3 years.
Now -- I need to change employers as my employer is asking me to become full time from consulting.
2 questions:
1. Can I use this extension to change employers?
2. Can I start the GC process with the 140 priority date? (Feb '08)?
Thanks
PS: I apologize if this is in the wrong forum.
You will have to restart your GC process, but once you have the new PERM and I-140 approved, you can recapture your old PD (which is Feb '08), but you can't use provisions from the AC21 unless your AOS was pending for at least 180 days when you make the change.
This is not legal advise - a lawyer consultation is highly recommended.
more...
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diptam
06-26 02:13 PM
Is that what you meant ?
If yes - then i try doing that every time i go for H1B stamping... Talking as if you a temp worker going to US for helping with some extra work ...
That gives the consular officer a comfort feeling probably !
Agreed. As per my understanding, "consulting" as per the bill's definition is:
1. You are working at another employer's location (or client location)
AND
2. You report to someone at the other employer's location (i.e. you report to someone in the client's office)
So technically, you can still "consult" if you claim that you are reporting to your "employer" and not to someone at the client's location. And the show will go on.
This is my understanding of the bill. There are a lot of people who disagree with my interpretation.
Remember though, the true danger from the bill is the removal of the clause that H1B and L visa holders need not prove to the visa office that they do not intend to immigrate to the US.
If yes - then i try doing that every time i go for H1B stamping... Talking as if you a temp worker going to US for helping with some extra work ...
That gives the consular officer a comfort feeling probably !
Agreed. As per my understanding, "consulting" as per the bill's definition is:
1. You are working at another employer's location (or client location)
AND
2. You report to someone at the other employer's location (i.e. you report to someone in the client's office)
So technically, you can still "consult" if you claim that you are reporting to your "employer" and not to someone at the client's location. And the show will go on.
This is my understanding of the bill. There are a lot of people who disagree with my interpretation.
Remember though, the true danger from the bill is the removal of the clause that H1B and L visa holders need not prove to the visa office that they do not intend to immigrate to the US.
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a_yaja
06-21 03:10 PM
Congratulations!!!!!
Would you plz confirm us on the Birth Certificate?
Me & my husband got our Birth Certificates in 2005 with all the correct birth details. Do you think we might still need affidavits for Late Registration of Birth?Please throw some light on this as there's lot of confusion going on this.
My BC was issued in 1980 and my DOB is 1974. However, my BC (issued by govt. of Mysore - Bangalore then was part of Mysore then) has a "registered" date as 1974. My lawyer said that since the registered date is 2 days after my birth, there is no problem with the BC.
Would you plz confirm us on the Birth Certificate?
Me & my husband got our Birth Certificates in 2005 with all the correct birth details. Do you think we might still need affidavits for Late Registration of Birth?Please throw some light on this as there's lot of confusion going on this.
My BC was issued in 1980 and my DOB is 1974. However, my BC (issued by govt. of Mysore - Bangalore then was part of Mysore then) has a "registered" date as 1974. My lawyer said that since the registered date is 2 days after my birth, there is no problem with the BC.
more...
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Googler
02-14 04:24 PM
"Based on a review of the facts and bedrock principles of administrative agency law, the Court finds that USCIS�s name check requirement has
(1) never been authorized by Congress;
(2) is not mentioned or contemplated by any fair reading of the current USCIS regulations; and
(3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions..."
http://www.bibdaily.com/pdfs/Mocanu%202-8-08.pdf
What a fabulous ruling this is.
One question for Lazycis:
# (3) actually reads "(3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions for naturalization, particularly because Plaintiffs have already undergone a name check in order to achieve LPR status and will clear the �fingerprint check� described in the Memorandum of January 25, 2008.10 The fingerprint check will show whether an LPR who is applying for naturalization has had any contact with the criminal justice system that would warrant denial of the petition."
As far as I can tell even (1) and (2) only apply to Naturalization applicants.
So the question of the hour is: are (1) and (2) true for AOS cases? I am asking this question because to argue a case for compelling recapture you need an AOS version of Baylson's ruling + the Galvez-Howerton decision (http://immigrationvoice.org/forum/showpost.php?p=223315&postcount=121). Only then can you say that there was affirmative misconduct in 2003 and hence compel recapture.
(1) never been authorized by Congress;
(2) is not mentioned or contemplated by any fair reading of the current USCIS regulations; and
(3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions..."
http://www.bibdaily.com/pdfs/Mocanu%202-8-08.pdf
What a fabulous ruling this is.
One question for Lazycis:
# (3) actually reads "(3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions for naturalization, particularly because Plaintiffs have already undergone a name check in order to achieve LPR status and will clear the �fingerprint check� described in the Memorandum of January 25, 2008.10 The fingerprint check will show whether an LPR who is applying for naturalization has had any contact with the criminal justice system that would warrant denial of the petition."
As far as I can tell even (1) and (2) only apply to Naturalization applicants.
So the question of the hour is: are (1) and (2) true for AOS cases? I am asking this question because to argue a case for compelling recapture you need an AOS version of Baylson's ruling + the Galvez-Howerton decision (http://immigrationvoice.org/forum/showpost.php?p=223315&postcount=121). Only then can you say that there was affirmative misconduct in 2003 and hence compel recapture.
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desighee
02-25 07:22 PM
** You should Eat only in McDonalds. If USCIS finds evidence that you eat in other places, they will revoke your H1B
** You should Drive only Toyota and Honda cars. If USCIS finds evidence that you were actively searching for other cars, they will revoke your L1
** You should Buy groceries only in Walmart. If USCIS finds evidence that you wish to buy from other stores, they will issue RFE on your I-140
** You should Drink only Cola. If USCIS finds evidence that you think of other drinks, they will deny your I-485
Add many more, there are 101 ways to torture a non-immigrant.
** You should only pee once. If USCIS finds evidence that , they will deny your I-485:)
** You should Drive only Toyota and Honda cars. If USCIS finds evidence that you were actively searching for other cars, they will revoke your L1
** You should Buy groceries only in Walmart. If USCIS finds evidence that you wish to buy from other stores, they will issue RFE on your I-140
** You should Drink only Cola. If USCIS finds evidence that you think of other drinks, they will deny your I-485
Add many more, there are 101 ways to torture a non-immigrant.
** You should only pee once. If USCIS finds evidence that , they will deny your I-485:)
more...
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indianabacklog
07-25 11:24 AM
I didn't find what I am looking for.
I already have a lawyer and the ONLY reason I want to file myself is because I am fed up in chasing lawyers, my company etc. They don't respond in time and anyways I am preparing all my documents my self and guiding lawyer also.
So, I am thinking to file myself.
Posted this in another thread earlier, these are the instructions I followed from my employer.
DOCUMENTATION FOR APPLICATION
BASED ON EMPLOYMENT
The primary applicant and all dependents must each file the following documents. All checks/money orders should be made payable to the �Department of Homeland Security� and stapled to the top left-hand corner of the Form I-485 (Application for Permanent Residence). Place documentation for each application in the order listed below.
1. Form I-485 (Application for Permanent Residence) and fee. Fee is $325 for each person aged 14 and over, $225 for each person under the age of 14. Check box (a) in Part 2 of the form. Form
I-485 Supplement A is not required unless you are illegally in the US.
2. Fingerprint fee ($70) for each applicant aged 14 to 79. USCIS will send notification of time and place for later fingerprinting. Fee may either be included with the check/money order for the Form I-485 or written as a separate check/money order.
3. Two color passport pictures (click here). Staple an envelope with photos to the lower left corner of the Form I-485.
4. Form G-325A (Biographic Information).
5. Sealed I-693 (Report of Medical Examination) and Supplement to I-693 completed by a certified USCIS Civil Surgeon. Children under 14 years of age do not need the x-ray or blood serology.
6. Evidence of valid nonimmigrant status. Prepare an outline or �history� of all prior periods of stay and visa status in the U.S. Include copies of related documents
(I-20s, IAP-66/DS2019s, I-797s) and 2 year home residency waiver letter, if applicable.
7. Photocopies of I-94 (both sides), passport identification, passport validity/extension, and US visa pages.
8. Photocopy of Form I-797 Approval Notice, showing approval of I-140 Immigrant Petition for Alien Workers. If you are filing while the I-140 is pending, write CONCURRENT FILING on the cover sheet and mailing envelope. Be sure to attach a copy of the I-140 Receipt Notice.
9. Photocopy of birth certificate showing parents� names. Passports are NOT acceptable substitutes for a birth record.
10. Photocopy of the marriage license of the primary applicant and spouse.
11. Photocopies of divorce decree(s) and/or death certificate(s) from all prior marriages of the primary applicant and spouse (if applicable).
12. Current employment letter for the primary applicant. Letter must certify continuation of permanent employment, starting salary, and duties.
13. If family members are applying, Form I-134 (Affidavit of Support) must be completed by primary applicant on behalf of any accompanying family members. Be sure to include documentation. Employment-based applicants do NOT file Form I-864.
14. If you or any family members are applying for work authorization, Form I-765 ($180 fee) must be completed. Download page 10 only. Staple an envelope with two additional photos to the lower left corner of the I-765. Mark (c)(9) in question #16.
15. See attachment on travel to determine whether you wish to file Form I-131 for Advance Parole.
16. Cover sheet listing all documentation.
NOTE: Any document not in English must be translated and accompanied by a translator�s statement. You should not translate your own documents. The translation does not have to be notarized, but it must include the certification of the translator. The following is an acceptable example of certification:
I, [name of translator], hereby certify that I am competent to translate from the _____________ language into English and that the attached/above is an accurate translation of the original [birth/death/marriage] document.
Signature _________________
Name of translator _______________
Address: ______________________
Telephone: _____________________
I already have a lawyer and the ONLY reason I want to file myself is because I am fed up in chasing lawyers, my company etc. They don't respond in time and anyways I am preparing all my documents my self and guiding lawyer also.
So, I am thinking to file myself.
Posted this in another thread earlier, these are the instructions I followed from my employer.
DOCUMENTATION FOR APPLICATION
BASED ON EMPLOYMENT
The primary applicant and all dependents must each file the following documents. All checks/money orders should be made payable to the �Department of Homeland Security� and stapled to the top left-hand corner of the Form I-485 (Application for Permanent Residence). Place documentation for each application in the order listed below.
1. Form I-485 (Application for Permanent Residence) and fee. Fee is $325 for each person aged 14 and over, $225 for each person under the age of 14. Check box (a) in Part 2 of the form. Form
I-485 Supplement A is not required unless you are illegally in the US.
2. Fingerprint fee ($70) for each applicant aged 14 to 79. USCIS will send notification of time and place for later fingerprinting. Fee may either be included with the check/money order for the Form I-485 or written as a separate check/money order.
3. Two color passport pictures (click here). Staple an envelope with photos to the lower left corner of the Form I-485.
4. Form G-325A (Biographic Information).
5. Sealed I-693 (Report of Medical Examination) and Supplement to I-693 completed by a certified USCIS Civil Surgeon. Children under 14 years of age do not need the x-ray or blood serology.
6. Evidence of valid nonimmigrant status. Prepare an outline or �history� of all prior periods of stay and visa status in the U.S. Include copies of related documents
(I-20s, IAP-66/DS2019s, I-797s) and 2 year home residency waiver letter, if applicable.
7. Photocopies of I-94 (both sides), passport identification, passport validity/extension, and US visa pages.
8. Photocopy of Form I-797 Approval Notice, showing approval of I-140 Immigrant Petition for Alien Workers. If you are filing while the I-140 is pending, write CONCURRENT FILING on the cover sheet and mailing envelope. Be sure to attach a copy of the I-140 Receipt Notice.
9. Photocopy of birth certificate showing parents� names. Passports are NOT acceptable substitutes for a birth record.
10. Photocopy of the marriage license of the primary applicant and spouse.
11. Photocopies of divorce decree(s) and/or death certificate(s) from all prior marriages of the primary applicant and spouse (if applicable).
12. Current employment letter for the primary applicant. Letter must certify continuation of permanent employment, starting salary, and duties.
13. If family members are applying, Form I-134 (Affidavit of Support) must be completed by primary applicant on behalf of any accompanying family members. Be sure to include documentation. Employment-based applicants do NOT file Form I-864.
14. If you or any family members are applying for work authorization, Form I-765 ($180 fee) must be completed. Download page 10 only. Staple an envelope with two additional photos to the lower left corner of the I-765. Mark (c)(9) in question #16.
15. See attachment on travel to determine whether you wish to file Form I-131 for Advance Parole.
16. Cover sheet listing all documentation.
NOTE: Any document not in English must be translated and accompanied by a translator�s statement. You should not translate your own documents. The translation does not have to be notarized, but it must include the certification of the translator. The following is an acceptable example of certification:
I, [name of translator], hereby certify that I am competent to translate from the _____________ language into English and that the attached/above is an accurate translation of the original [birth/death/marriage] document.
Signature _________________
Name of translator _______________
Address: ______________________
Telephone: _____________________
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gcisadawg
01-01 12:07 AM
cygent,
Congratulations! I hope your $-485 gets approved soon!
-GCisaDawg
Congratulations! I hope your $-485 gets approved soon!
-GCisaDawg
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ArunAntonio
06-11 12:18 PM
Reno.. You are retarded :)
Asked Core Iv A Question And They Deleted The Thread
--------------------------------------------------------------------------------
I asked IV core on what version of immigration bill they support because I and other people wanted to know since there are so many amendments to the current immigration bill and Now I log in to see , the thread is missing, why, my question was straight forward, again I am asking them on what form of immigration bill they support. I highly doubt In what they are doing looks like they are working for the benefit of them self. Guys please don�t be ignorant and its your right to ask the question don�t be a dumb crowd but ask questions.
I am too in the same GC queue with I140 and I485 filed and pending, so don�t count me as anti � immigrant but also want to see the betterment of others too who are in GC process and will be effected due to the introduction of the new bill.
Asked Core Iv A Question And They Deleted The Thread
--------------------------------------------------------------------------------
I asked IV core on what version of immigration bill they support because I and other people wanted to know since there are so many amendments to the current immigration bill and Now I log in to see , the thread is missing, why, my question was straight forward, again I am asking them on what form of immigration bill they support. I highly doubt In what they are doing looks like they are working for the benefit of them self. Guys please don�t be ignorant and its your right to ask the question don�t be a dumb crowd but ask questions.
I am too in the same GC queue with I140 and I485 filed and pending, so don�t count me as anti � immigrant but also want to see the betterment of others too who are in GC process and will be effected due to the introduction of the new bill.
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ck_b2001
07-26 02:56 PM
I didnt send the checks,our lawyer did.So,i dont have a clue when they were cashed.
Can any one tell the time between check cleared and Notice issued. My lawyer sent the checks and he will never bother checking his account daily for me. Hence Notice is the only thing i will get.
Can any one tell the time between check cleared and Notice issued. My lawyer sent the checks and he will never bother checking his account daily for me. Hence Notice is the only thing i will get.
more...
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sapota
10-18 06:04 PM
For them
immigration = "amnesty"
:D
Oh yeah. We still have to fight Anti-immigrants even after we obtain naturalization.
immigration = "amnesty"
:D
Oh yeah. We still have to fight Anti-immigrants even after we obtain naturalization.
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baburob2
04-07 04:51 PM
Is H1/H4 renewal in Mexico also existing instead of homecountry?
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newhandle
03-05 10:48 PM
Family based might based upon the parents or siblings. That is the reason i asked whether is is spouse? If spouse you are OK. You can disclose the income.
LPR (dad) :(
LPR (dad) :(
Lisap
08-03 12:15 PM
Thank you all this helps a lot!! Lisa
hojo
09-07 11:48 AM
yes, i am definatly lost in beta.
sorry, i have to say again, you're sig is really cool lost.
sorry, i have to say again, you're sig is really cool lost.
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