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  • sunny1000
    12-14 12:15 AM
    Hi,
    If married in India & want to take divorce in USA what is the procedure & will it be a valid divorce?

    Sorry to hear that your marriage did not work out. If there is a way to work it out, please do via marriage counseling.

    If not, give us some more details about your present situation to give you a qualified answer. I am attempting with what I have.

    I assume that you both are Indian citizens.

    If you and your spouse consent to the divorce mutually, you can obtain it here in the U.S (in your state of residence) as per the state law since divorce in the U.S is a state subject OR get it in India by mutual consent (it takes 6 months to obtain a divorce by mutual consent).

    If your divorce is going to be contested and you both live here in the U.S, then, you can file here provided you believe that your spouse will not take refuge under the Indian laws by going back at any point during the start of the process (once you serve her/him with the Notice of action and she/he responds to it in the Court here in the U.S, that court has the jurisdiction usually).

    If your divorce is going to be contested by your spouse AND if he/she is moving to India OR if already living in India, you are better off filing there. But, believe me, in this scenario, there is no good answer as you are in the lose/lose situation. Here is why:
    1. It is very difficult to get a divorce in India, if contested (especially if contested by women) and it takes a very long time (average is 3 years in the Family court and it takes another 5-8 years to go thru the appeals process in the High court and the Supreme Court, if one of you choose to do so).
    2. He/she can counter your divorce by filing what is called "Restitution of conjugal rights" (yes, India is one of those countries which still has this section) which entitles him/her temporary maintenance until the cases (both Restitution and Divorce) are settled, if he/she is not working (it runs in the average of Rs.35000 to Rs.40000 a month for you, if you are a working spouse from the U.S). Based on the final judgement, you will be responsible for a final settlement which may include property, monthly/one time alimony, child support etc.
    3. You will have to appear for every hearing in person which is every 15 days to a month (exception is Karnataka where you can give power of Attorney to a relative. Even in that case, you will have to fly in every 6 months).
    4. If her/his lawyer is a scumbag, he/she can harrass you by threatening to file false charges against you.

    Please note, getting a divorce ex parte in U.S is very difficult and is also not valid in India. Your spouse can contest that in the Indian Supreme Court and you will be issued with a subpoena/summon. Failure to appear will lead to an arrest warrant.

    Do a lot of research if your divorce is going to be contested in India and PLEASE consult a VERY qualified attorney in divorce law who can also handle international laws about divorce. This gets even more complicated if you have children. If any lawyer tells you that it will be over in 2-3 hearings, don't believe that unless it is a divorce by mutual consent.

    From my personal experience, please try the best to get an out-of-court settlement (by hanging the pride and ego outside the door) as it saves a lot of time,money and agony for you and your family. Contested divorce is one of the most painful experiences in one's life and it does leave a permanent scar.

    Good luck.





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  • eb2green
    05-01 12:15 PM
    I agree with you that it is a random process but the processing date that is shown indicates that all the cases prior to that date have been "served". So, TSC-Oct 14 means, cases received on Oct 14 and later are currently being served. Hope this helps.





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  • sidbee
    06-10 01:47 PM
    Sidbee,

    thank you sidbee and i would pray that you would never be in this position. Its hard to stay home without at job and secondly, with H1B laidoff its even tougher.

    I was laidoff recently and i know the stress one goes through. That's the reason i am trying to help by making a IVjobhunters group. I have found my job and i have nothing to gain.

    Sidbee if you cannot talk good or help please shut your mouth. . If someone is asking for help ( Laidoff means Was terminated from work for no reason of yours).

    You have the right to ask your employer for one way return ticket to your home town. Its not just the international airport but till your home town, Its a law and you should get it.

    I was laidoff and i took unemployment benifits, Sidbee, Give me a lecture.

    J thomas


    You took me wrong.

    I meant , that if i was illegaL (laid of for 5 months) , i would just leave without making noises.
    I was giving my point of view.
    And yes if i was laid off today , i would fight to get my return tickets. But if i choose to be illegal for 5 months, than i wont.

    I have full sympathy, with whoever gets laid of on H1B, But thats the law, and i know it , and still i prefer to work on H1B.





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  • rajpatelemail
    12-09 01:32 AM
    I second that...

    Red dots will not matter (even 100000000 reds do not pull hair), butthat filthy language hurts.

    If real person who commented it is visible, then it shd be ok, so that we can deal with that fella.
    When sush a system is in place, people may not leave filthy comments i guess.
    Anonymous nature of this dotting business leading to the real culture/pshyco attitiude of those dotmongers.



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  • gc28262
    07-31 02:14 PM
    Thank you for your prompt response

    1. Since company did not send me to USA after getting h1b visa 32 months back. Can he take legal action to pay liquidated charges? as mentioned below in the agreement.

    I don't know the details about the contract. Just complain to DOL. Your "employer" will be so busy defending themselves, they won't have any time left to come after you.

    Extract from Agreement: If the employee terminates the agreement prior to the minimum period of 18 months, the employee will pay company liquidated charges of 4000 USD.

    Liquidated damages ? Not sure how they have incurred some damages because of you. Since they claim to be your employer , they are supposed to pay you the salary all these years. Have they paid you all these years ?

    2.Can New Jersy laws applicable in India to send a legal notice to me?

    I am not a lawyer or one knowledgeable in law. Discuss with a lawyer in India and see whether your employer can do anything to you in India depending on the contract you signed. As for US side, you have nothing to worry.

    3. Since I have not travelled to USA on H1B, Can I be called an Employee of that company who processed my H1B.


    4. Can I take any legal action against him as he did not send me to USA despite the fact that I renewed the Bank Guarantee twice.

    As for US, complaint to DOL. DOL will do the needful without you spending a paisa. For India, discuss with an Indian lawyer.

    Pls answer the above 3 questions.





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  • rkat
    08-16 04:39 PM
    Since USCIS will not send anything back that they actually withdrew this petiton what kind of proof / evidence do i need to keep with me for furture reference.?

    Thanks..!



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  • Maverick1
    10-22 01:51 PM
    That is true but I want one of them to be rejected and by not responding to FP and stopping payment on checks I am trying to exactly that.

    I think it is always better to come clean and withdraw one of the applications. It is not a good idea to let them REJECT one. They may have two different A numbers, but both are with same name and if you don't attend finger printing that might cause a bad remark (Who knows what happens behind the scenes :( ). Consult a good immigration attorney and follow his/her advise.





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  • anilvt
    09-06 12:36 AM
    similar thing happened to my friend when he got his green card ...it had some women picture on it ...he called them and told to return the GC and they attach his picture on it ....

    take it easy change the title to wrong pic on AP ...blunder is very emotional word



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  • GCwaitforever
    09-18 10:47 AM
    Why focus our energies on cosmetic changes?





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  • bindas74
    05-16 12:28 PM
    Bindas,

    I believe one can send all applications in one packet, but be sure to include separate copies of supporting documents for each application with each sub-packet (per app). If paying by check, send separate checks (although I seem to recall you saying you'd paid by credit card).

    Keep us posted on your renewal experience!

    Thanks,

    Thanks X-Wing. Will keep you all posted about my experiences.



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  • amitjoey
    04-16 04:05 PM
    Yes! I am guessing you can get a refund. Ask for a refund. Why NOT?





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  • gcformeornot
    12-31 02:09 PM
    the sadest and unluckiest members of this forum..?



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  • Winner
    05-14 10:49 AM
    Did my part for the month.

    Subscription Number: S-42J63140****





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  • franklin
    02-09 10:48 AM
    In light of recent efforts to find out how each and every one of us can help our cause, I'm starting this thread to find specific things we can do to help.

    Place trust in your core team. They are working on things that we can not know about.

    But what can we do? Other than just contributing? Each of us needs to take inititive in our own way. If 2 members in NJ can distribute flyers for a few hours - can't EVERYONE active here do something with a similar impact?

    * Remain positive and focused.
    Focus your efforts on contacting someone in the media, a friend, a fellow green card chaser. For every post that you make on this forum, write and email to send to someone. If you make a negative post about how things are hopeless, you write 2 emails to spread the word.

    Pick someone on these lists, and send an email. http://immigrationvoice.org/forum/showthread.php?t=2499 Pappu has another post somewhere with a huge list of media outlet emails. I can't find it right now for the life of me


    * Thinking outside the box
    Been frustrated by main media coverage of our issues? Want to scream when Lou Dobbs comes on? Have you thought of different mediums that could work in a different way? Distribute those flyers at a local commute stop, write to www.moveon.org, or one of the NPR stations.



    * Response
    Every time someone posts a new article on this board, make the effort to respond to the reporter involved in the article. Even with 200 active members, if ever reporter gets even 100 emails all about the same issue soon after their article is released.

    The general public don't know about our problem, we all know that polititcans are notoriously out of touch. Let's leave the sensitive influence to the core team, and we can help tackle the general public. When public opinion is loud enough, I can guarantee that people will start to listen.

    You know what blew away the politians in the last presidential election? The power of small, grassroots organizations - using the web to spread the word.

    Lets pull together on this.

    FWIW
    I'm EB3 - ROW



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  • martinvisalaw
    03-24 01:45 PM
    Does this mean that if my salary is higher than the "prevailing wage" by more than $320, the employer can legally ask me to reimburse the $320 filing fee? I have searched very hard but could not find any memo/doc regarding this.

    Possibly, see here: Law Office of Elaine Martin - immigration news: H-1B fees (http://martinvisalaw.blogspot.com/search/label/H-1B%20fees).

    You must also look at the "actual wage."





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  • logiclife
    03-25 09:19 AM
    OF times of india.

    Let us flood their office with phone calls asking them to stop publishing articles that dont make sense and put stuff up there that representative of both the side of the debate.

    Does this brainiac know that how many businesses have shut down due to lack of unskilled low-wage workers especially in the argicultural businesses? Not that its our job to make arguments favoring illegals - we have our own problems to deal with - however this article is titled wrongly and not supported by facts.

    I have never read timesofindia in last 2 years because of irritant 100 million pop ups of phonecards and airline tickets. The website just is basically not the same thing as print edition. The website looks like a tabloit coverpage.

    --Jay.



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  • maco
    08-10 11:09 AM
    I got the info from my friends attorney.
    i want to verify it with my attorney but he is not lifiting phone. he is too busy





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  • Kodi
    10-17 12:48 PM
    Same main code as in the first 2 digits?

    Does 13-2011.02 and 13-2011.01 the same main code?





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  • Dhundhun
    11-21 09:19 PM
    You give all of them (stapled together preferably). Make copies of all of them and keep for future.


    Maverick1, Thanks for correction.





    roseball
    10-08 04:30 PM
    I got my green card from Company A. During my labor process i renewed my H1B from Company B which expired last month.

    Right now who is my employer Company A or B or none of the above?.

    If I understand you correctly, you were working for Employer A and he filed your Labor. You changed to employer B while labor was pending and started working for employer B on H1. Employer A continued to process your GC and you got it approved. If this is true, then you should immediately join employer A since your GC was approved through employer A.





    Blog Feeds
    06-25 01:20 AM
    VIA USCIS

    Introduction

    U.S. Citizenship and Immigration Services (USCIS) is seeking public comment on a proposed federal rule that would adjust fees for immigration benefit applications and petitions.* The proposal, posted to the*Federal Register (http://edocket.access.gpo.gov/2010/2010-13991.htm)*on June 11, 2010 for public viewing, would increase overall fees by a weighted average of about 10 percent but would not increase the fee for the naturalization application.

    Background

    USCIS is a fee-based organization with about 90 percent of its budget coming from fees paid by applicants and petitioners to obtain immigration benefits.* The law requires USCIS to conduct fee reviews every two years to determine whether it is recovering its costs to administer the nation�s immigration laws, process applications, and provide the infrastructure needed to support those activities.* This proposed rule results from a comprehensive fee review begun in 2009.*********

    USCIS�s fee revenue in fiscal years 2008 and 2009 was much lower than projected, and fee revenue in fiscal year 2010 remains low.* While USCIS did receive appropriations from Congress, budget cuts of approximately $160 million have not bridged the remaining gap between costs and anticipated revenue.* A fee adjustment, as detailed in the proposed rule, is necessary to ensure USCIS recovers the costs of its operations while also meeting the application processing goals identified in the 2007 fee rule.*

    Highlights of 2010 Proposed Fee Rule

    The proposed fee rule would increase the average application and petition fees by approximately 10 percent.

    Understanding the unique importance of naturalization, USCIS is proposing that the naturalization application fee not be increased.

    The proposed rule would establish three new fees for:



    Regional center designation under the Immigrant Investor Pilot Program (EB-5);
    Individuals seeking civil surgeon designation; and
    Recovery of the cost of processing immigrant visas granted by the Department of State.
    The rule also proposes to adjust fees for the premium processing service.* This would ensure that USCIS can continue to modernize to become a more efficient and effective organization.

    The proposed fee structure also reduces fees for five individual applications and petitions as a result of lower processing costs:



    Petition for Alien Fianc� (Form I-129F);
    Application to Extend/Change Nonimmigrant Status (Form I-539);
    Application to Adjust Status From Temporary To Permanent Resident (Form I-698);
    Application for Family Unity Benefits (Form I-817); and
    Application for Replacement Naturalization/Citizenship Document (Form N-565).*
    Current and Proposed Immigration Fees

    Application/Petition Description*

    Current Fees*

    Proposed Fees

    I-90 Application to Replace Permanent Resident Card

    $290

    $365

    I-102 Application for Replacement/Initial Nonimmigrant Arrival-Departure Document $320 $330 I-129 Petition for a Nonimmigrant worker $320 $325 I-129F Petition for Alien Fiance(e) $455 $340 I-130 Petition for Alien Relative $355 $420 I-131 Application for Travel Document $305 $360 I-140 Immigrant Petition for Alien Worker $475 $580 I-290B Notice of Appeal or Motion $585 $630 I-360 Petition for Amerasian, Widow(er) or Special Immigrant $375 $405 I-485 Application to Register Permanent Residence or Adjust Status $930 $985 I-526 Immigrant Petition by Alien Entrepreneur $1,435 $1,500 I-539 Application to Extend/Change Nonimmigrant Status $300 *$290 I-600/600A Orphan Petitions $670 $720 I-687 Application for Status as a Temporary Resident $710 $1,130 I-690 Application for Waiver on Grounds of Inadmissibility $185 $200 I-694 Notice of Appeal of Decision $545 $755 I-698 Application to Adjust Status From Temporary to Permanent Resident $1,370 $1,020 I-751 Petition to Remove Conditions on Residence $465 $505 I-765 Application for Employment Authorization $340 $380 I-817 Application for Family Unity Benefits $440 $435 I-824 Application for Action on an Approved Application or Petition $340 $405 I-829 Petition by Entrepreneur to Remove Conditions $2,850 $3,750 Civil Surgeon Designation* *$0** $615 I-924 Application for Regional Center Under the Immigrant Investor Pilot Program *$0 $6,230 N-300 Application to File Declaration of Intention* $235 $250 N-336 Request for Hearing on a Decision in Naturalization Proceedings $605 $650 N-400 Application for Naturalization $595 $595 N-470 Application to Preserve Residence for Naturalization Purposes $305 $330 N-565 Application for Replacement Naturalization/Citizenship Document $380 $345 N-600/N-600K Naturalization Certificate Applications $460 *$600 Waiver Forms (I-191, I-192, I-193, I-212, I-601, I-612) $545 $585 Immigrant Visa* $0 $165 Biometric Services $80 $85






    Last updated:06/09/2010





    More... (http://ashwinsharma.com/2010/06/24/uscis-seeks-public-comment-on-proposal-to-adjust-fees-for-immigration-benefits-fact-sheet.aspx?ref=rss)



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