Friday, June 24, 2011

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  • crystal
    08-16 02:36 PM
    You are saying u have applied F1 after filing I-485 or before filing? What was the gap between them ? All I know is that the less the duration between them the more the trouble.

    please do reply .I am waiting.

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  • sintax321
    10-02 03:42 PM
    Thanks for those blobs. I'll play around with them but I defenatly won't claim that I made them. I will always show credit where credit is do. Thats why on my site I have a Thank you section. I wouldn't be as fare along as I'm without the people on this forum so I never have a problem giving some credit. You guys are all great:) =) :P

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  • ksrk
    06-02 07:01 PM
    I'm sorry -- I didn't follow. Can I use the H1-B which has been extended for 3 yrs since my 140 was approved already for a yr and the visa numbers weren't current? (I've already used up by 6 yrs)


    Sorry Murali, I wasn't clear in my earlier post.

    1. Your new "extended for 3-yrs" H1B can be trasferred to your new employer. Your new employer files for the transfer of this approved H1B and you can work for the new employer legally with no hassles.
    2. Now regarding your green card, since your PD is not current and you haven't been able to apply for AOS yet (and thus, "AOS pending for 180 days" isn't relevant either), you will have to restart your GC process - PERM and then I-140 followed by I-485 (when PD is current). At the last stage, when you apply for I-485 (AOS), you can recapture your older PD (Feb 2008), but not before that.
    3. If you wait till you are able to file your AOS and then 180 days after you do file it, and THEN move to a similar job, then you won't have to restart your GC process. Now, given the current visa bulletin, this is hard to predict and there are no guarantees your job offer will still be available at that time.

    Hope this clarifies my earlier post - sorry for the confusion.

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  • dsneyog
    01-15 09:07 AM
    Great, so I see so many fast cases here.
    I had all my docs well organized, also put tabs corresponding to the list numers on cover letter for quick access. I also included self addressed prepaid priority envelope.

    I paper filed at TSC on Dec16th got approval on Jan11th, the pace is pretty good considering the holidays in between.
    There are several factor which helps aid in faster processing of the applications, mainly the required docs has to be in order and complete.


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  • Junky
    09-22 03:27 PM
    Some loser gave me red with the following message.
    Don't keep posting same message.

    Let me tell you A**H***, when ppl like you do not call I have to post same message again & again & again....
    So do your part & call.

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  • Desertfox
    02-06 03:52 AM
    Recently I was asked by a state University to submit additional documentation to prove my legal resident status in the United States after I presented I-485 receipt notice.

    My question is, which section of the immigration law explicitly says that an AOS applicant has legal resident status in the United States at the discretion of Attorney General? I have asked this question on various immigration blogs/forums, but I am yet to get an answer.

    There was a recent incident mentioned in Carl Shusterman's website and a Pilipino family was detained for hours by border patrol in California near Mexico border for having expired I-94 on passport even though they had I-485 receipt notices with them. I drive on I-8 frequently, and it might help quoting from the law if I ever face a similar situation.

    Thanks in advance for your comments on this.


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  • royus77
    05-30 09:36 PM
    Please help....I am in a little bit precarious situation here...

    I am frustrated working for Company A and I have a job offer from Company B..

    My question is if
    1: my I140 is approved from company A and
    2: have H1b extended for 3 years for company A
    3: get the H1b transferred over to Company B and then

    leave the Company A and join Company B
    Now Company A revokes I140

    Will by H1B with Company B still valid?

    If your company A is a desi company(Mostly they try to profit on your exit also) he may try to sell the approved LC/1 -140 . So let be patient for another month and move . As far as the other things concerned you can get 3 years ext based on the I -140 ext and also you can port the PD to the new GC from company B .

    Just check with the attorney before moving I just gave my advise based on my research in the forums.


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  • obviously
    12-08 12:52 PM
    HELP get us out of our 'Great Depression'.

    American businesses are facing a serious crisis: an unprecedented sixteen-month restriction on access to new H-1B visas for temporary professional employees, coupled with an ever-present, continually growing, and now crippling employment-based (EB) green card backlog for permanent hires. I urge you to take immediate steps to fix this problem in the lame duck session after the November elections.

    In support of SKIL and other relief measures for High Skilled Immigrants:

    A. 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!

    B. 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 highly skilled professionals with 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. They are indentured labor because of retrogression and backlogs with visa numbers.

    C. 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 wives 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 for us 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 please consider the net-economic value and social value that we, the highly skilled LEGAL 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?

    The lame duck session offers the last chance this year to provide American businesses the relief they urgently need to remain afloat and retain their competitive edge over companies around the world. Only by permanently increasing the H-1B and EB cap numbers, as the SKIL Bill introduced in both the House (H.R. 5744) and Senate (S. 2691) proposes, and as was also passed in the Senate as part of its Comprehensive Immigration Reform package (S. 2611), can American businesses continue to function.

    Crisis with EB green cards. Backlogs have resulted for individuals coming from high-demand countries, even when the overall cap has not been reached and regardless of the fact that these high-demand countries are often the only source of individuals capable of filling high-skilled jobs American businesses need. Those caught in the backlog are forced to spend up to seven years waiting, unable to become true stakeholders in our country, putting their lives on hold in the hopes that a green card will eventually become available to them. Not surprisingly, these talented professionals often tire of waiting and leave the U.S. to put their knowledge and skills to use in other countries eager to compete with and surpass the U.S.

    Every day that passes without access to these high-skilled workers is a lost opportunity for growth, productivity, and innovation. But this need not be the case.

    YOU can make the difference to the lives of thousands of hardworking professionals that love the US of A and their families for generations to come. HELP get us out of our 'Great Depression'.

    Please, Sir, I BEG of you, as a highly skilled professional, I have high hopes and dreams of continuing to contribute to this great economy and nation. Help support legal immigration relief and provide a sliver of hope to people like me, so that we can see our families and next generations become integral contributors to the fabric of this great nation.

    We are helpless, but not without hope.
    We are powerless, but not without pride.

    In God We Trust, In You We Entrust, our lives and livelihood;


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  • iptel
    01-30 02:48 PM
    Just a suggestion I think if we involve US India Polical Action Committee(USINPAC) may be our effort to reach the law maker will be easier.

    Members of the U.S. Senate India Caucus are as follows -

    Senator Cornyn (R - TX) � Republican Co-Chair
    Senator Clinton (D - NY) � Democratic Co-Chair
    Senator Hutchison (R - TX)
    Senator Lott (R - MS)
    Senator Lautenberg (D - NJ)
    Senator Santorum (R - PA)
    Senator Lieberman (D - CT)
    Senator Specter (R - PA)
    Senator Daschle (D - SD)
    Senator Stabenow (D - MI)
    Senator Bingaman (D - NM)
    Senator Cochran (R - MS)
    Senator Frist (R - TN)
    Senator Corzine (D - NJ)
    Senator L. Graham (R - SC)
    Senator Schumer (D - NY)
    Senator Wyden (D - OR)
    Senator Coleman (R - MN)
    Senator Chambliss (R - GA)
    Senator Bayh (D - IN)
    Senator Durbin (D - IL)
    Senator Breaux (D - LA)
    Senator Crapo (R - ID)
    Senator Levin (D - MI)
    Senator Fitzgerald (R - IL)
    Senator Grassley (R - IA)
    Senator Bennett (R - UT)
    Senator Boxer (D - CA)
    Senator Nickles (R - OK)
    Senator Stevens (R - AK)
    Senator Mikulski (D - MD)
    Senator Rockefeller (D - WV)
    Senator Landrieu (D - LA)
    Senator Hatch (R - UT)
    Senator Maria Cantwell (D-WA)

    Members of Congressional India Caucus

    108th Congress elected in November 2002
    List updated as of June 18, 2004

    112 Democrats, 74 Republicans, Total 186

    Congressman Crowley (D-NY) - Democratic Co-Chair
    Congressman Wilson, Joe (R-SC) - Republican Co-Chairman
    Congressman Abercrombie (D- HI)
    Congressman Ackerman (D-NY)
    Congressman Andrews (D-NJ)
    Congressman Baca (D- CA )
    Congressman Baird (D- WA)
    Congressman Barrett, J. Gresham (R-SC )
    Congressman Beauprez (R-CO)
    Congressman Becerra (D-CA)
    Congressman Bell (D-TX)
    Congresswoman Berkley (D-NV)
    Congressman Berman (D-CA)
    Congresswoman Biggert (R-IL)
    Congressman Bilirakis (R-FL)
    Congressman Bishop, Rob (R-UT)
    Congressman Blumenauer ( D-OR)
    Congressman Boucher (D-VA)
    Congressman Brady, Kevin (R-TX)
    Congresswoman Brown, Corrine (D-FL)
    Congresswoman Brown, Henry (R-SC)
    Congressman Brown, Sherrod (D-OH)
    Congresswoman Brown-Waite, Ginny (R-FL)
    Congressman Burgess (R-TX)
    Congressman Burns (R-GA)
    Congressman Calvert (R-CA)
    Congressman Cannon (R-UT)
    Congressman Cantor (R-VA)
    Congresswoman Capps (D-CA)
    Congressman Capuano (D-MA)
    Congressman Cardoza (D-CA)
    Congressman Carson, Brad (D-OK)
    Congressman Chabot (R-OH)
    Congressman Chandler (D- KY )
    Congressman Cooper (D-TN)
    Congressman Cox (R-CA)
    Congresswoman Cubin (R-WY)
    Congressman Davis, Danny (D-IL)
    Congressman Davis, Jim (D-FL)
    Congressman DeFazio (D-OR)
    Congressman Delahunt (D-MA)
    Congressman Deutsch (D-FL)
    Congressman DeMint (R-SC)
    Congressman Dicks (D-WA)
    Congressman Doggett (D-TX)
    Congressman Doyle (D-PA)
    Congressman Duncan (D-TN)
    Congresswoman Dunn (R-WA)
    Congressman Ehlers (R- MI)
    Congressman Engel (D-NY)
    Congressman English (R- PA )
    Congresswoman Eshoo (D-CA)
    Congressman Evans (D-IL)
    Congressman Faleomavaega (D-AS)
    Congressman Feeney (R-FL)
    Congressman Ferguson (R-NJ)
    Congressman Filner (D-CA)
    Congressman Foley (R-FL)
    Congressman Forbes (R-VA)
    Congressman Ford (D-TN)
    Congressman Frank (D-MA)
    Congressman Franks (R-AZ)
    Congressman Frost (D-TX)
    Congressman Garrett (R-NJ)
    Congressman Gephardt (D-MO)
    Congressman Gillmor (R-OH)
    Congressman Gingrey (R-GA)
    Congressman Goodlatte (R-VA)
    Congressman Gordon (D-TN)
    Congresswoman Granger (R-TX)
    Congressman Green, Gene (D-TX)
    Congressman Green, Mark (R-WI)
    Congressman Greenwood (R-PA)
    Congressman Gutierrez (D-IL)
    Congressman Harris (R-FL)
    Congressman Hastings (D-FL)
    Congressman Hayworth (R-AZ)
    Congressman Hensarling (R-TX)
    Congressman Hoeffel (D-PA)
    Congressman Holt (D-NJ)
    Congresswoman Hooley (D-OR)
    Congressman Honda (D-CA)
    Congressman Hoyer (D-MD)
    Congressman Inslee (D-WA)
    Congressman Israel (D-NY)
    Congresswoman Jackson-Lee (D-TX)
    Congresswoman Johnson, Eddie Bernice (D-TX)
    Congressman Jones (R-NC)
    Congressman Kanjorski (D-PA)
    Congresswoman Kaptur (D-OH)
    Congresswoman Kelly (R-NY)
    Congressman Kennedy, Patrick (D-RI)
    Congressman Kildee (D-MI)
    Congressman Kind (D-WI)
    Congressman King, Peter (R-NY)
    Congressman Kirk (R-IL)
    Congressman Knollenberg (R-MI)
    Congressman Kolbe (R-AZ)
    Congressman Kucinich (D-OH)
    Congressman LaHood (R-IL)
    Congressman Lampson (D-TX)
    Congressman Lantos (D-CA)
    Congressman Larsen (D-WA)
    Congressman LaTourette (R-OH)
    Congresswoman Lee, Barbara (D-CA)
    Congressman Levin (D-MI)
    Congressman Lewis, Jerry (R-CA)
    Congressman Lewis, John (D-GA)
    Congressman Linder (R-GA)
    Congressman Lobiondo (R-NJ)
    Congressman Lofgren (D-CA)
    Congresswoman Lowey (D-NY)
    Congresswoman McCarthy, Carolyn (D-NY)
    Congresswoman McCarthy, Karen (D-MO)
    Congressman McCotter (R-MI)
    Congressman McDermott (D-WA)
    Congressman McIntyre (D-NC)
    Congressman McNulty (D-NY)
    Congressman Majette (D-GA)
    Congresswoman Maloney (D-NY)
    Congressman Manzullo (R-IL)
    Congressman Matheson (D-UT)
    Congressman Meehan (D-MA)
    Congressman Meek (D-FL)
    Congressman Meeks (D-NY)
    Congressman Robert Menendez (D-NJ)
    Congresswoman Millender-McDonald (D-CA)
    Congressman Miller, Brad (D-NC)
    Congressman Miller, Gary (R-CA)
    Congresswoman Miller, Jeff (R-FL)
    Congressman Mollohan (D-WV)
    Congressman Moran, Jim (D-VA)
    Congresswoman Myrick (R-NC)
    Congresswoman Napolitano (D-CA)
    Congressman Neal (D-MA)
    Congressman Ney (R-OH)
    Congressman Pallone (D-NJ)
    Congressman Payne (D-NJ)
    Congressman Pearce (R-NM)
    Congressman Pickering (R-MS)
    Congressman Pitts (R-PA)
    Congressman Price (D-NC)
    Congresswoman Pryce (R-OH)
    Congressman Putnam (R-FL)
    Congressman Radanovich (R-CA)
    Congressman Rahall (D-WV)
    Congressman Rangel (D-NY)
    Congresswoman Ros-Lehtinen, Ileana (R-FL)
    Congressman Rothman (D-NJ)
    Congressman Royce (R-CA)
    Congressman Ryan, Tim (D-OH)
    Congresswoman Sanchez, Linda (D-CA)
    Congresswoman Sanchez, Loretta (D-CA)
    Congressman Saxton (R-NJ)
    Congresswoman Schakowsky (D-IL)
    Congressman Schiff (D-CA)
    Congressman Scott, Robert (D-VA)
    Congressman Schrock (R-VA)
    Congressmen Sessions (R-TX)
    Congressman Sherman (D-CA)
    Congressman Smith, Adam (D-WA)
    Congresswoman Solis (D-CA)
    Congressman Souder (R-IN)
    Congressman Spratt (D-SC)
    Congressman Stark (D-CA)
    Congressman Stearns (R-FL)
    Congressman Thompson, Mike (D-CA)
    Congressman Tierney (D-MA)
    Congressman Toomey (R-PA)
    Congressman Towns (D-NY)
    Congressman Turner, Michael (R-OH)
    Congressman Udall, Mark (D-CO)
    Congressman Udall, Tom (D-NM)
    Congressman Upton (R-MI)
    Congressman Van Hollen (D-MD)
    Congressman Visclosky (D-IN)
    Congressman Vitter (R-LA)
    Congressman Walsh (R-NY)
    Congresswoman Watson (D-CA)
    Congressman Watt (D-NC)
    Congressman Weiner (D-NY)
    Congressman Weldon, Dave (R-FL)
    Congressman Wexler (D-FL)
    Congressman Whitfield (R-KY)
    Congressman Wu (D-OR)

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  • m306m
    12-12 01:43 PM
    1. To travel out you won't have a problem. Just ensure that the ticketing agent takes the expired I94. Your really don't need the copy of your I485

    2. You can travel through any country but most countries ie. UK, France etc. will require you to apply for a trasit visa (that can take some time) In your case I would fly direct from NY to India. There are flight that also take you direct to Dubai and then you can fly Dubai to India. Try and skip Europe that will save you money (in visa applications) and time.

    Now when you come back to the US you MUST have either a valid unexpired H1B visa stamped on your passport and/or you will have to carry your Advance Parole (make sure you have 2 copies. Do not relinquish your orginal. The INS officer at the airport will retain a copy). Also it is recommended that you have your I485 receipt info with you and a copy of a letter from your employer. I recommed that you get a full list of items that you need to carry with you from your lawyer so that when you come back you don't have issues at the POE.

    Have a safe trip :)


    My wife need to travel to india urgently. Our visa/I94 expired in Oct. We already applied 485 and is pending.

    1) Will there be any issue at airpot as I94 is expired.A xerox copy of 485 receipt is sufficient.

    2) Does she need to travel any path in this case( I heard thru London is issue if visa is expired.France/Amsterdam Etcc..)

    Thanks in advance.


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  • raysaikat
    04-17 12:46 AM
    Here's our situation:

    Both of our GC applications were filed in EB3 categories, by our individual employers, independent of each other.

    My priority date is Apr 2002. My 140 is approved and 485 was filed in 2007 and is currently pending.

    My husband's 140 is also approved and 485 was filed back in 2005. His priority date is Sep 2003.

    Is there any way now to link both our applications, so he can take advantage of my earlier priority date without him having to withdraw his 485 application?

    Here is what I understand, but make sure you seek professional opinion before making any move.

    He can simply submit another I-485 as the derivative of your application. Of course that can only happen when your PD becomes current. He does not have to withdraw his own application. If he gets GC as your derivative, his other I-485 will automatically become invalid.

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  • sk.aggarwal
    02-15 05:35 PM
    I am in 6th year of H1 and my company is working to file Labor. If I include time spent outside US, I have time till April 25th to file it . I got a call from paralegal on my case, saying that process has changed since Jan 1 and we need to get prevailing wage from Washington which might take like 5 months? Is this true? Is it possible to submit job order based on my present salary hoping that prevailing wage will come lower than this number? Is this workable? Please help to advice. If nothing works, I need to start planning to leave US.


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  • nixstor
    09-20 05:37 PM
    Just wondering how many souls are out there in the country with EB-2 India PD of 2004 and earlier but are not here on IV.

    Even with a 1% representation ( assuming that 2004 folks such as us are NOT tired to participate in poll), the total number should be some thing like 8000-9000. 1.5 dependents makes it 20K-25Knumbers.

    Also I noticed that a lot of people who voted here has their profile listed as EB-3. Did those guys took the wrong poll or did interfiling?

    I feel that OCT EB-2 I & C reversal of DOS was a knee jerk reaction to USCIS's random approvals and we should see a good jump's in next few months.

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  • Roger Binny
    09-22 06:23 PM
    Starting EB2 process will be the same as EB3 process. Your company should have a position open that requires atleast Masters degree or Bachelor + 5 years experience. They'll have to go through recruitment process and document that no US citizen or PR was available to fill the position and then file PERM.

    Your EB3 applicaiton will not be affected by this new application.

    The whole process upto I-140 may cost $10k-15k

    Last point, is not correct, it doesn't cost 10-15k for your company, may probably around 5-6k.


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  • dixie
    11-07 02:09 PM
    If you have maintained status all along, you have nothing to fear.Since you have an approved H1, you are free to stop taking classes now. However, when you go for visa stamping be prepared with all the documents to show that you have maintained status. You will surely have a few tough questions to answer so be prepared to convince the visa officer of your continued legal status.Also, avoid going to a consulate in a third country like Mexico or Canada. In my opinion, for non-standard cases like yours its safer to get it done in your home country.

    My H1 is approved on Oct 23, 2006. I was on F1. Before my OPT grace period expired on July 20, 2006, I enrolled in a school with new I-20 on July 5th, 2006. I have been taking one class every month for last three months to maintain full time status. If I stop taking classes now, would it be a some kind of problem when I go for visa stamping?

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  • imh1b
    05-19 09:40 AM
    Canadian Immigration is easy. You can do it yourself.


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  • ebizash
    10-05 02:50 PM
    Great!! It is very good for IV's and our future!

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  • aka
    05-17 07:09 PM
    Guys, I received THE magic email also this week. Card Production ordered on May 14th. HUGE Relief!!!

    I just wanted to pass on a few tips. These steps may or not have expedited my processing but the timing sure was suspiciously fortuitous:

    a) On May 7th, since the NSC I-485 processing date was more than 30 days past my RD, my lawyer sent an official email to NSC asking them for an update on my application. According to my lawyer, CIS is obligated to reply within 45 days and in most cases instead of them saying that this specific application falls outside their processing dates, they just approve the application. Of course, your case has to be approvable (PD has to be current etc)

    b) On May 9th, I set up an Infopass appointment where the IO told me that my case was in transit from a different service center back to NSC! She also told me both our NCs were complete.

    c) My lawyer was also getting ready to file another round of EAD/AP applications which, according to her, draws CIS's attention to the fact that this application is ready for processing and falling outside the average time range.

    Maybe the combination of inquiry email and Infopass helped moved the case or maybe it did not. Probably does not hurt to try at least once and, of course, you don't want to overdo it and burden the system.

    Just my $0.02. Hope it helps. Best of luck with your applications. I learned a ton from these forums and (if nothing else) out of sheer habit, will be coming back all the time. Will try my best to help out IV where I can. Cheers!

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  • 140jibjab
    01-11 02:36 PM
    Have your attorney write a letter to USCIS, mentioning your A # and Lin # , and attaching the Notarised copy of the divorce decree and The attorney should mention to USCIS the dependent no longer valid because of the divorce, The USCIS will send you a RFE and ask you to fill the New Biographic info and send it to them.
    My attorney charged 250 $ to do the above.

    The form is G325 , if it A,B C or D. get the info from the attorney .
    Can you please help me to get the form .

    Can i complete that and send to USCIS?

    Thank You...

    12-12 02:08 PM
    Your wife might have a problem in leaving US with expired I94 , if the immigration officer who is collecting sees that I94 is expired she is subject to 10 year BAN unless she goes CANADA or MEXICO route where they don't collect I94's and to come back in she needs advance parole to be approved receipt may not help .

    07-17 06:27 PM
    Sorry I am posting this on multiple threads (because there are so many!)

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