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  • DallasBlue
    07-08 09:48 PM
    The other posters are correct in that they are telling you that your spouse is covered under section 245k. That is as long as a person hasn't overstayed an I-94 card by more then six months; no major criminal or health issues then everything is reset upon leaving and re-entering USA.

    However; USCIS officers try to find other ways to nail people when a person needs protections such as 245k.

    I have seen a couple of cases where people have had an i-140 denied due to education. They appealed and re-filed another 140 and in the eta 750b they omitted certain education diplomas that were listed in the first application. USCIS then accused them of fraud and a permanent barrier to getting greencard.

    Now; it looks like the officer is going down the same road on your husbands case. Accusing your husband of essentially fraud by claiming that he was working with a company listed in the g-325a biographical information when it appears to uscis that he wasn't working with them. 245k or any other part of immigration law which could protect him becomes difficult to use when they accuse you of fraud.

    To get a better grasp of things; you need to post the RFE's that he received on his original case (don't post general stuff but be specific) and what they are saying now. It will allow people to help you better assess the situation.

    Very insightful.

    So in essence they give the boiler plate RFE's to drag you into a trap and once you oblige with the irrelevant info asked for in the RFE's, then the game is over. so we need to be very careful with the information we provide and need to be consistent no matter what is asked for.





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  • senthil1
    05-16 05:29 PM
    Infact pro immigrants and Corporations are arguing that shortage of skills and they are not displacing US workers. If that is true why cannot they accept the conditions that they will not displace US workers. If you accept that you do not mind replacing some american workers also then all of your points are valid. Then you can lobby for unlimited H1b and Unlimited greencards. You will never get American people support for that. But we all are lobbying based on the shortage of skills. So we should be ready to reduce H1b when demand goes down or accept the conditions for non displacement of US workers. Right now demand is more so US will absorb even 200K H1bs. But you need to look what happened between 2000 to 2003. So many layoffs. Part of reason was economy but other part was due to H1b and outsourcing

    I will accept that 25 year old H1b from India can work 15 to 18 hours a day but same kind of productivity cannot get with 40 year old person with family of 2 kids whether Indian or american. Is it right to replace those person with 25 year old person. If that is the case then you will be replaced by youger H1b person in future.

    My view is clear. There should be H1b numbers based on demand and supply. If they cannot come with correct numbers then restriction of non displacement of US workers should be there.


    I am not Ronald Regan but I am compelled to say, " There you go again...."



    Why are you consistently discussing about H-1B caps. Green card delays are not because of H-1B quota, I am sure you know this. H-1B caps have nothing to do who applied for the H-1s, whether those were consulting companies in US or a company in Japan. You are just saying it consistently in all your posts because you don�t like more people coming here after you are on path to green cards. In all your posts, you have this mid set where the door closes right behind you and more people should not be allowed on H-1. I am sure you qualify to be the member of IEEE-USA. Please Google search for their membership form. Just because the name of the organization is �Institute of Electrical and Electronics Engineers� doesn�t mean that every thing on their agenda is kosher.



    This shows that you have no clue about the reality. You have looked at the IEEE website and formulated the opinion about the nice people at IEEE-USA, who are working overtime for you to get your green card. This is what you think, right? Well! My friend we live in a very strange world in which political organization (like IEEE) show stuff on their website just so that they don�t appear to be outright anti-immigrants.
    Also, I do think that anybody who do not want to pick up their ass to find a job and rather chose to whine about someone else taking away the job is lazy and for sure undeserving. They are interested to put restrictions on H-1B because they want to eliminate their competition. Every community/group, big or small, have their opponents and enemies just because of the sheer nature of the competition for resource with other groups/communities. H-1B community now forms substantially large group of people. It is natural that orgs like IEEE-USA will be a natural opponent of H-1B community because there is a competition. Now, most members of IEEE-USA are older and middle aged folks, who are not able to compete with good quality engineers from other parts of the world. The folks on H-1 are young, dynamic and fast learners. IEEE-USA folks cannot compete with this group and so they are working to eliminate competition from H-1B folks by other means. Sometimes they call H-1Bs as indentured servants, sometimes promoting outsourcing, sometimes taking away their jobs and sometime depressing wages. They throw out all sorts of rationale to hurt H-1B community. And some idiots on this and other forums have not clue of the bigger picture and are hell bent on screwing the so called �body shoppers� as if it is ok to work at the client site to do the same job at the same amount if you are employees of KPMG or Accenture or Bearing Point. But it is not ok to do the same thing if you are an employee of TCS, INFY or SIFY etc. If this is not discrimination, then tell me what is????? I sincerely do want to understand your view and please consider me to be totally ignorant person who is here to learn from you. I sincerely mean it.



    So you do think that anything associated with the word �IEEE� is gospel. Let me share with you my friend that IEEE and IEEE-USA are totally different organizations. Just like any other organization in the world, IEEE-USA is working to address the issues of their members only. IEEE-USA is working to fix the issues of their members who live in USA ONLY. It has no clue and no desire and no objective to look at any of your issues, no matter what they are. We all acknowledge that are problems with the H-1B program but the question is, Is Durbin-Grassley approach the real solution to the problem? Congress did not address anything associated with H-1B visa for last 6-7 years. If you write to lawmakers they only understand only thing about the word �H-1B� and that is increase in H-1B� that�s it. Now every system in the world needs tweaking from time to time and this has not happened with H-1B program for a very long time. Either way, throwing out people waiting for green cards for 6-7 years is not the solution, putting in restrictions to undermine the entire H-1B program (because they know they will not have enough votes to reduce the visa numbers or eliminate the program) is not the solution, �investigating� companies when they hire someone on H-1B as if hiring someone on H-1B is a crime is not the solution, singling out companies from one country because the guy driving IEEE-USA (Ron Hira) doesn�t want more people to come from India because he hates his heritage � is not the solution. Yes there are problems, but Durbin-Grassley bill is not the solution.



    Who needs enemies if we have friends like you? I mean why do you want hard working people to unnecessary go through more problems before getting their green cards, as if the existing problems for us are not enough. You simple want to make the system difficult to test human endurance? You know what, we can do this, how about all the stringent conditions of Durbin-Grassley bill will apply ONLY on you and we are all sure that the �HIGH-SKILLED� that you are, you will pass all the �tests� with flying colors. For rest all the others, please consider us lowly skilled and please set a bar lower to the extent that is humanly achievable, we are not �highly-skilled� super-humans like yourself.



    Yes, you have not yet clearly said that �I support banning all H-1Bs�, not in those words, not yet. But reading your posts, it is apparent that you are headed there, as soon as you get your green card. As I said earlier, form now on, just think that all the Durbin-Grassley conditions apply on you and live your life as per the standard set by Durbin-Grassley. For the rest of us, please have mercy on us.





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  • sk2006
    06-05 12:31 PM
    Sorry but no matter how you spin it, owning a home is better than renting. Renting is not smart. period. your money is gone every month. You are not getting that money back.
    When you own a home, the money goes towards a mortgage, and although most of it goes to interest at first, all interest paid is tax deductible which is a huge chunk of change every year. I get more money back as an owner than a renter and in the long run I save more AND own the home.

    30 year renter vs 30 year home owner? That is not rocket science.

    ..And those who bought in the bubble lost money much faster than they would have "Lost" the money renting! Some of them even lost the whole House along with their Credit score!

    LOL.
    :D:D:D:D:D:D





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  • unitednations
    08-08 04:24 PM
    Because I do not remember which address I used on the visa application, and how I translated my employer's name in home country. In China, at least those days, everyone had a residence record showing your address. We had ours at my in-law's address, while living in a new development. We might used one of those two addresses. Same thing with company names, merging, name changing etc was common.

    According to Crystal and Milind70, I am a bit relieved as my visa application was a long time ago. So I may not need to worry about it. Thanks everyone.

    check out immigration-law; breaking news. he even says not to rely on this because the procedural manual is outdated.



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  • file485
    07-11 08:03 AM
    pthoko..

    wait for UN's reply..

    but I think it is better to be honest on the G328 form and not lie as it mentions in coconut sized letters that we r mentioning the facts and signing the forms. Later on they will have all the rights to ask proof documents thru RFE for paystubs,w2 etc, after that we cannot lie anymore and might land in further mess. we submit all the H1/L1 approvals at the time of 485 filing..they can just enter the case# and get the whole history of the case...

    AFAIK..I don't think yours is a violation of status, you were eligible to work on L1 until 2006 and also eligible to work on H1 since Oct 2005. In a H1 scenario,if I extend my H1 with current employer until next July, meanwhile find another employer and file a H1 with new employer until next July, after 4 months with new employer, you change your mind and want to go back to old employer..you can work with old employer until July as long as the old employer does not cancel your old H1..

    * i140 stage,only the companies financial records r checked,you even need not be employed with them when you r filing the i140.
    * 1st time stamping in Canada/Mexico for H1b is not possible I think as it has to be done in home country,unless you have a US Masters.

    btw...I have a question, does your H1b approval have an i94 attached with it...? hopefully ..yes..





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  • pmpforgc
    06-09 08:22 AM
    I had looked around Alpharetta, cumming, Suwanee, Duluth etc. for new as well as recent houses.

    I agree with Hiralal that prices have come down in all these area a lot compared to past.

    In alphareeta in 200-300K you can get any new house you want. But not much new construction in that area because of lack of space. You can even get in Johns creek in that price range, which most costliest area in the north. Lot of new construction in the cumming. Not much new in the Suwanee as well as Duluth too.

    You can hardly get a decent big and recent (relatively new) house below 200K in any of these area (not town home) unless it is foreclosure. I got in 175Kbecause it was foreclosure.

    PM me if you need to talk and you are in market to buy new home. I can share my experiences.

    thanks



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  • Macaca
    12-27 07:32 PM
    But they got no answers out of me�a total failure. Officer Xu, while asking me questions, kept kicking my legs. I said, "Be a little more civilized!"

    Then he said, "So what if I act like this, what can you do! In other matters I will actually still be afraid that someone might complain. But you here, you are an enemy. We can beat you and swear at you and if you complain, it will be useless even if you complain to the Ministry of Public Security!" I thought, this little police officer is younger than 30, how is he so well versed in the Maoist doctrine of the "contradiction between the enemy and us"?

    A tall plainclothes officer was getting impatient and said loudly to Officer Xu: "Why waste words on this sort of person? Let's beat him to death and dig a hole to bury him in and be done with it. How lucky we've got a place to put him away here." Turning to me, he said, "Think your family can find you if you're disappeared? Tell me, what difference would it make if you vanished from Beijing?" Later he whispered to Officer Xu, "Put him away in the hotel!" I could not hear clear what hotel he meant, but from the context I assumed he was referring to that "place to bury you."

    I knew they were not just joking, and I felt like a small ant that could be annihilated any moment without a trace. And yet I was not that scared. For one thing, I had already sent out a message on the Internet, and for another, they had by that time also taken my ID card out of my bag and realized that I was a teacher at the China University of Politics and Law.

    This special status was the reason why I was not beaten more severely, and why they did not "dig a hole to bury me." And it is true: I had disclosed this information to the police officers, albeit half-consciously, to avoid being beaten more severely. If it had not been for my status as a teacher at CUPL, a doctor with a degree from Peking University, a famous human rights lawyer, a visiting scholar at Yale, could I still have shown as much courage? I very much doubt it.

    I felt ashamed of my status and the differential treatment I was enjoying on account of them. I even felt that if the police didn't succeed in burying me they would vent their rage against some other disobedient person. Any pain that I was being spared was sure to be inflicted on another, more helpless victim at some point.

    How much terror, humiliation and despair do ordinary people suffer who get locked up in police stations, re-education through labour camps, investigation detention cells, custody and repatriation cells, and black jails in the face of a bunch of police officers who regard a person's life like a blade of grass and treat ordinary people as foes? Police officers across the country threatening to "beat you to death and dig a hole to bury you," how many people do they actually beat to death or beat until they are disabled?

    It was almost midnight when the Beijing Municipal Public Security Bureau sent round some officers who said they wanted to take me away. They returned my glasses, mobile phone and other things. I told them that I would only leave together with the friend who had been detained with me.

    After some more argument, they led me and Mr. Zhang to a car. Someone called my name, and I immediately recognized some netizens. I could not get out of the car but I shook hands with them through the window. Later I learned that many others had also rushed to the scene. An unknown number of netizen friends had expressed support on the Internet and passed on the news. Maybe that is the main reason why we were so quickly released.

    On the way back home, a Beijing state security officer complained to me, "If everybody fought with them using your methods, the police would have no way of continuing their work! How many fewer common thieves they'd be able to catch!"

    I replied, "If the law-enforcers don't act in accordance with the law, what use are they really to citizens? Police should catch thieves, but can those who 'beat you to death and dig a hole for you' still be called 'police'? If people are fighting each other using my methods, maybe fewer common thieves will be caught, but fewer citizens will be beaten to death in police stations. In which of these two situations are society's losses greater?"

    Mr. Teng is a professor of law at China University of Politics and Law


    The Challenges China Faces (http://asiasentinel.com/index.php?option=com_content&task=view&id=2892&Itemid=422) By John Berthelsen | Asia Sentinel
    China�s Attitude toward Hard Power and Soft Power (http://www.brookings.edu/opinions/2010/12_china_soft_power_jia.aspx) By Qingguo Jia | Peking University
    Computing set to bolster China's industrial prowess (http://search.japantimes.co.jp/cgi-bin/eo20101227a1.html) Sentaku Magazine





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  • nojoke
    05-04 02:13 PM
    House...forget it......


    It will never reach those highs again...

    In US..RE is done.

    Not 485...look at the number of foreclosures.....and inflation.....

    untill the war is over...forget...

    I saw a news article that says Bangalore real estate is down 20% this year. And another one that says Delhi is down 20%. What happened in India is also a part ponzi scheme. All the NRIs buying at whatever prices. How can any local guy afford at those prices:confused: Unless inflation goes sky high and wages multiplying to catch up with the inflation.
    If I buy a flat in Bangalore at 50 lakhs and expect 15 thousand for the rent, it comes to 2 lakhs approx. a year return. If I do a fixed deposit in the bank at 10% interest, I get 5 lakhs return. I can rent for 15 thousand and invest the 3 lakhs back into a fixed deposit. Over the years, flats depriciate and in 20-25 years it will be close to valued at nothing. Where as a wise investment in the bank would have multiplyied by 4 times. :(



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  • desi3933
    08-05 09:14 AM
    ....
    ....

    Else, it can be clearly deduced that the massively backlogged EB3 filers will flock over to EB2 and backlog it by 8 years or more.

    .....
    .....
    Thanks.


    This is the REAL reason why you think this is unfair practice.

    Would you mind sharing little details about yourself? Are you eb2 or eb3?

    And how about porting from eb3 to eb1? I am sure you don't mind as it does not hurt your case.

    Self-interest and jealousy are two motivating factors for you.

    ____________________________
    US Permanent Resident since 2002
    ** supports not counting dependents for EB Green cards **





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  • h1techSlave
    12-26 01:38 PM
    A full fledged war between India and Pakistan is very very unlikely.



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  • lfwf
    08-05 07:09 PM
    see below

    I dont know whom you are responding to but...

    Then check. Context is everything sometimes.

    So Eb2 does not do silly coding??!!. Get a reality check. The jobs that Eb3 and EB2 does are pretty much the same. The same monkey can do the jobs of EB2 too, so I fail to see you point.

    There was no point, I said I did not believe it. I was showing the original poster that using a large black brush to tar a whole group of people is offensive and inappropriate. At least read my whole post before responding. I see I hit a nerve though. So it's ok for you t claim that EB2 means nothing and is ill gotten but not ok for me to talk about EB3?

    Also, the law does not just state that there are no qualified -- there is also a willing clause. There might be Americans who can do the job, but such Americans may not want to relocate etc.

    Bull crap. Don't make me open my mouth anout labor my friens. best we don't open this up.


    Over the lot of arguments I have seen Eb2 claiming to be superior, please disabuse yourselves of it. I am Eb3, but I lord over Eb2, and the same EB2s lord over me depending on particular expertise and problem that is being solved, that is business. No, I am not talking about telling EB2s how to switch on their computers. I am talking about hardcore technical issues.

    I'm not in IT. the more I hear IT folks go at each other, the less I think of the field frankly. And yes, i do not know about you but I met several people who came in the tech boom, whose jobs a monkey could do. Sorry, just the truth.





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  • senthil1
    12-17 02:27 PM
    It is true that 99.99% of Muslims are not terrorists. But 99.99% of World's hardcore terrorists are Muslims.


    What has this to do with immigration ??? Does Antulay support EB2/EB3 reforms ? Do he mention anything about wasted visa numbers.
    This is not a place to post/preach religious, spiritual believes unless it gets you the Green Card. If many Indians visit this forum, it does not become hosting agent for your thoughts. Now don't waste your time and server hard disk space posting something back on this thread.



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  • nogc_noproblem
    08-22 02:59 PM
    A university committee was selecting a new dean.
    They had narrowed the candidates down to a mathematician, an economist and a lawyer.

    Each was asked this question during their interview: "How much is two plus two?"

    The mathematician answered immediately, "Four."

    The economist thought for several minutes and finally answered, "Four, plus or minus one."

    Finally the lawyer stood up, peered around the room and motioned silently for the committee members to gather close to him. In a hushed, conspiratorial tone, he replied, "How much do you want it to be?"





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  • mheggade
    07-15 10:35 AM
    <SARCASTIC> Ignorance is Bliss. </SARCASTIC>

    I just hope sanity makes a come back and people will see that the new visa over flow interpretation is advantages to EB3-I.

    OLD over flow interpretation

    EB1 ROW ------->EB2 ROW---------->EB3 ROW.

    New over flow interpretation.

    EB1 ---------------->EB2------------------------>EB3
    (Any chargeability) (Any chargeability) (Any chargeability)

    Only condition is visa should be allotted to the oldest PD in the lateral distribution irrespective of the country chargeability. That's the reason EB2 I and EB C are having same cutoff dates and all EB3 is U. DOS took away the advantage of ROW and gave it to oldest PD in the category.

    With this new interpretation EB3 I dates can make rapid progress and I fail to understand why EB3-I is upset about this.



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  • satishku_2000
    08-02 07:10 PM
    Re-file 140 or file an appeal on the 140.

    Filing the appeal; you will be able to extend the h-1b.


    Thanks UN for your comments , any comments for the situation mentioned in this thread
    http://immigrationvoice.org/forum/showthread.php?t=11819





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  • aadimanav
    07-13 09:35 PM
    Version 2 of the "Petition to Recapture Lost Visas" is added here:

    http://immigrationvoice.org/forum/showthread.php?p=262392#post262392

    Please share your views.

    Thanks,



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  • abcdgc
    12-27 12:25 AM
    Don't you think Pakistan already knows that?

    There is a difference between knowing and believing. Pakistan thinks that US will apply pressure and the war will not happen. I don't think so....

    India must conduct surgical strikes immediately and let the ball be in Pakistan's court. The world opinion will be with India to attack terrorist camps. If Pakistan uses nuclear weapons, so be it. First of all non of the 5 test conducted in 1998 were Pakistani devices. Those devices were Chinese and exploded by Chinese engineers. I don't think Pakistan has a workable nuclear weapon. And even if Pakistan has nuclear weapon, we know how to respond. This is war of the civilizations.

    Pakistani PM/FM is shouting in the media - We will respond - because they know they don't have what it takes to respond. So they have to compensate with shouting in the microphone. But to answer your question, Pakistan don't know and Pakistan don't understand the outrage in public of India. India is a democracy and over 80%-90% of people wants to respond to the war. If party in power do not respond, they will lose miserably in the next election. Pakistan doesn't know/understand this because Pakistan is not a democracy.


    Do you mean to say that the state and the government of Pakistan did this?

    Absolutely. ISI is part of Government of Pakistan.





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  • unitednations
    03-24 02:50 AM
    Just some other info for people.

    One company I know has this hot list with their employee names. They send it out to their prime vendors or do their current clients.

    Somehow one of the anti immigrant groups was able to get on the e-mail list.

    Person from one of these groups responded back to the company with a statement saying that it is illegal to have people on bench and if any of the following LCA's belonged to the named people in the e-mail (ie., hot list) then he would report to department of labor of the violations. Person went through the pain of downloading the LCA's for the particular company and attaching it to the e-mail.

    Now; who knows whether person passed on the e-mail to depatment of labor, uscis.





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  • sledge_hammer
    06-05 05:17 PM
    Thanks for your comment!

    If your other investment is going to be a CD, then you are better off putting down 20%. That 20% would also exempt you from any PMI you will have to pay if you only made 10% down. I assume you are going to have to pay PMI w/ the 10% loan, wouldn't you?

    As for #8, "puddonhead" has rightly corrected me; it should not have been included under expense.

    I really am by no means competent to give financial advice. So please take my opinion with a grain of salt :D

    Your analysis is so spot on except for item #8 and item # 9. I have a question though.. The example you have given suits my scenario so well. I am planning to buy a house (310k ) very soon. The loan offers I have from my lender has interest rates pretty much the same for both 10% down payment and 20% down payment, 5.0 with 20% and 5.25 with 10% down payment. I can down pay 10% right away and the other 10% is also available in a risk free(can withdraw without penalty) cd which yield me a return of 3.5% . So which is better for me 10% or 20% down pay. thanks in advance.

    As for buying or renting..it is more of a personal choice - to me, buying a house has tangible benefits over renting.. like a sense of entitlement to call some place ur true home and most likely a good enviroment for raising the kids. Life has phases like education, marriage, kids, job, etc..Now that I am into my 30's, I would like to see
    what it feels like to have owned a home.





    kaisersose
    04-15 04:43 PM
    one last addition ..I guess builders are normally the optimistic lot even when things are bad ..and they seem unhappy now (which means happier days are ahead for fence sitters like me (who are waiting for a GC by the way before looking)
    http://www.cnbc.com/id/24129427 ..

    ----------
    Fitch Ratings said in a conference call Tuesday that the housing sector is likely to continue to contract throughout 2008, and could worsen further in 2009 if the economy slides into a sharp recession. The ratings agency said low mortgage rates, cheaper home prices and government proposals to aid the ailing industry will not be enough to spark a turnaround.

    "Despite a few steps in the right direction, U.S. housing remains mired in a steep cyclical decline, with more pain likely for U.S. homebuilders through 2008," said Fitch homebuilding analyst Robert Curran

    I suggest you stop looking at national level figures if you are seeking accurate information. Look at the specific neighborhood you have mind and you may find that the situation there is not exactly what is shown on CNN.

    As an example the DFW area is doing alright inspite of the gloomy picture painted by the media at the national level. Used homes will take longer to sell, but it is nowhere as bad as Florida or CA. And we are not discussing selling here anyway...we are discussing buying.





    javadeveloper
    08-02 12:11 PM
    As long as you hadn't overstayed i-94 card by more then six months before you left and re-entered then you still have 245i protection in case uscis should dig further. Just pay the $1,000 penalty when they ask and you will get approved.

    245(i)/245(K) covers only upto 180 days(6 months) of out of status , the possible OOS issues are
    1.Overstay of I-94 card's date
    2.Unauthorized employment
    3.Staying without payslips (with some exceptions like Maternity,paternity,sick)

    http://www.murthy.com/adjsta.html click here for more info.

    USCIS will issue RFE/NOID and ask for explaination OR deny I-485 , I am wondering where this $1000 concept came from?? Correct me if I am wrong



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