Tuesday, July 19, 2011

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  • arnet
    11-16 12:39 PM
    if you file AOS (I-485) then only you will get EAD/AP benefits, but to file I-485 you need to stay in visa like H1B/H4. if you are H1B visa holder, you will eligible to file for it as prinicipal applicant but inorder for your spouse/dependents to qualify as dependent, she has to be in dependent visa (H4) at filing time, so F1 holder is considered as student not as dependent so they are not eligible to file.

    Disclaimer: use it at your own risk, i'm not an immigration attroney, so please consult one for your situations as laws/procedures are changing often.

    there is no isue while filing for I-485 also. when you file for AOS, F-1 status becomes invalid.But, you will get EAD and that will give you all the work authorization you need. You DO NOT have to change spouse back to H-4.

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  • needhelp!
    07-25 10:57 AM
    Not flowers ... any other time, an emphatic YES.

    But we just used flowers as a sarcastic "Thank You, USCIS" .... so it is not the best idea ... just a note of Thanks, email or letter - to let her know we are grateful for her stance. It is important that we acknowledge the efforts of people who work to help us.

    Everyone is going to think twice now when they get a bouquet of flowers.. lol

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  • saveimmigration
    10-12 11:53 AM

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  • illinois_alum
    07-13 08:43 PM
    Why does everyone think it can only be something that the USCIS has the power/authority to act on by themselves. It's been almost two weeks since this fiasco started and they may have been meeting with the right people to put something together.
    Because in the 2 weeks since - there has been no bill introduced in either the House or Senate. Moreover, the bill would have to be "debated" and then passed in both houses and then signed by Bush. After Bush signs it, it would come into effect after a certain time period.


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  • H1B-GC
    07-13 03:23 PM
    The blog is an 'ancient' news in IV.This been discussed and discarded

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  • cram
    03-08 11:44 PM
    What does this mean for EB-3 Philippines?


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  • cagedcactus
    07-30 07:24 AM
    Kindly please guide me.......
    I need someone to please confirm the above posts. I am filing I 140 today and dont want to end up doing it wrong........


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  • Suva
    07-18 03:13 PM
    As you are from Turkey I think you should not be worried. From Oct 1 new visa numbers would be available and you should be current from then on. Only India, China, Mexico and Philipines are affacted coutries where dates get retrogressed due to unavailability of visa numbers. So you should not worried about your dates being current.
    Disclaimer: I am not a lawyer so don't make any decision based on my information.

    Hello guys,

    First of all thank you very much for your answers in advance.

    I am currently on H1-B (valid till 2010) and recently applied for PERM LC. I work for a non-profit organization and the category is EB-2. Nationality: Turkey.

    I was planning to go for my GC but my plans have recently changed. I am planning to get married in 2009 Summer (earlier is not possible). I have done my research and found out that if I receive my GC before I get married, it will be very difficult to get my spouse here.

    I am expecting to get the LC in about 4 months. Then, most probably I can file I-140 and I-485 concurrently as the visa numbers will be available for my case. However, I am not planning to do it anymore due to the reasons mentioned above.

    So, here are my questions:

    Now, the new rule tells that LC certification must be used within 180 days. So, can I just file I-140 while single and even though my visa numbers are current for I-485 (Can I seperate I-140 and I-485 and save I-1485 for after marriage - Summer 2009). Does it matter for the purposes of I-140, if I am single - and then add my spouse to I-485 in the US (She will be on H-4 with me here)?

    I am not planning to change my job. So, would my I-140 have an expiration date?

    Do you have any other suggestions? Thank you!


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  • karanp25
    07-11 01:35 PM
    yes, now we should all start calling uscis - atleast 10 times a day, open SRs, take 4-5 infopass appointments and maybe consider going to NSC or TSC in person to see if we can talk to the IO (or have a cup of tea with the IO) to expedite our respective cases.

    Who knows, if we do such things, we mite get our GCs faster than ppl already waiting ahead of us in the queue. :)

    I wud also take this oppurtunity to invite more EB3 ppl to convert to EB2 now....this way, u cud get a EB-2 PD back in time, when u were not qualified for EB2. And with all desi body shops, getting this done is a piece of cake, i would assume.

    Now boot me from the forums or give me all those red marks - i don't care. I wrote what was on my mind.

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  • samcam
    05-19 02:39 PM
    Welcome to our newest member, mmohan03


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  • sbajaj80
    09-12 02:49 PM
    Thanks tnite. Enjoy!!!

    I am July2 filer at NSC....based on LUD, I suspect, it has gone to TSC and no information ever since....

    Where do guys see the LUD? And what number do you call the USCIS on? Thanx.

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  • gc_chahiye
    07-16 11:56 PM
    I am also in same situation. My lawyer told me that he will file our application seperately without including each other as dependant. This doessn't make sense..... any input from others?

    unless your PDs are very close to each other dont file independent. One will get GC first, other will be stuck for a while (unless you take the risk of withdrawing one ap and filing again when one person looks cloes to getting apprvoed)


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  • vegasbaby
    10-04 12:14 AM
    Would greatly appreciate some advice regarding my fiancee.

    She is currently in the US on a B1-B2 Tourist/Business visa. This is her fifth visa and has visited the US a total of 10 times over the past 5 years, spending 1-5 months each time. She has NEVER had a problem on arrival at the airport, never been called into the room for questioning, etc.

    We are planning on getting married, but we need to make a trip to her home country for my work in the next few weeks for about a month. We were planning on waiting till 30 days after our return to marry and then to apply for her I-130/I-485 after that.

    We just had a consultation with an immigration lawyer who recommended that she does NOT leave the country, and that we should get married ASAP and apply for the I-130/I-485 now, wait 2-3 months and make our trip then. The lawyer thought that there was a possibility that she might not be admitted the next time she comes in if the border agent has even the tiniest suspicion that she is entering to get married.

    Although her previous B1-B2 visas were renewed each year without an interview, this year she was called in and they asked her some questions. She mentioned that she was doing some work for me in China, and that she would be staying with me in the US. She also put me down as her financial guarantee in the US.

    I understand the basics of dual intent, and would not want to compromise her ability to enter the country.

    Of course no one can know for sure, but would be grateful for some experienced advice about this. What are her chances of being refused entry when she returns? (Her visa is valid for one year, so it would be on the same visa she arrived here on this summer.) Would it be better if she arrived on a different flight than me? Or even better if she arrived on a flight to another city rather than the one where we live?

    Any suggestions or advice would be greatly appreciated. Thank you.

    I have to agree with the attorney here...B1/B2s visa are not much of a gain to USCIS. The beneficiary is not paying any taxes while in US. So there is every possibility of rejection/denial at POE. Best would be getting married while in US..The attorney's would have much more control if COS was done from US. Most attorney's would not be of much help when consular processing is involved.

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  • dilipb
    02-08 05:00 PM
    The day I applied that day the PD was current.
    Are you joking that I will get my GC soon.
    All the last so many months, people have been talking that its going to take about 5-6 years still to get a GC, because there are not much GC VISA numbers available.
    Also that date is showing as 19 july 2007. does it mean that they have just picked up my application and started processing and will take few months to process since they have to go thru FBI check etc and all other weird processes?
    Does anyone have any hard data that there are any chances soon for getting GC in hand?


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    09-13 04:50 PM
    All the checks have been cashed today :)and got the receipt numbers from the back of the check.

    Received by NSC on July2nd at 9.01 AM signed by R.MICKELS
    140 - NSC
    Checks cashed today(september 13th)

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  • Pineapple
    08-05 12:37 AM
    An I-140 has nothing to do with I-485, except to the extent that an I-140 has to be approved before an I-485 can be approved. So I-140 approval is must before an I-485 can be approved. Further, an I-140 is not related to the priority date - An I-140 can be filed any time once one has an approved labor (Assuming, of course, one is applying in EB2/EB3). But I-485 can only be picked up for processing (or even filed) if the priority date is current.

    If your I-485 date is not current, it does not matter what you do about your I-140. The question about affecting I-485 is irrelevant if your priority date is not current, which is the situation now.
    (USCIS is accepting I-485 applications now until August 17th even though the priority date - the visa availability, in short, is "U", unavailable - but that is a rate exception, and does not affect the actual processing of I-485s: 485's applied today will NOT be processed even if accepted, until the visa bulletin says visa numbers are available for your priority date)

    Confusing? I'm afraid it is.. but anyway, the short answer to your question is, no. The people your refer to likely have applied I 485's earlier (say in June or earlier), and their fast approval is likely for different reasons, other than premium processing for I140.

    PS: I'm not a lawyer, so don't shoot me, please..


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  • hibworker
    12-17 02:23 PM
    There is no limit on the amount of money that a person can bring in. However if a person is carrying $10 k (this includes cash, travellers check, bank draft etc) or >5k in cash then that has to be declared at customs and person should go through Red Channel.

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  • nlalchandani
    10-02 06:28 AM
    Hi All,

    Just a brief overview of my scenario...I came to US on H1b in Nov 2006 for a small consultancy and started work after 2 weeks .....and continued at the client until the last day..

    My Company used to pay us 1 month lately i.e for say month of mar we were paid in may....as such when i left them after giving them proper notice i had to take 2 months salary ......after a lot of persistence from my side my employer deposited my 1 month salary in bank account but diditn sent the associated paystub and stopped replying for the other month salary and paystubs...

    meanwhile I applied for H1 Transfer through a reputed company in July before resigning and giving the paystub for may which was generated in month of July......

    I am waiting for the transfer to complete so as to report my previous employer to DOL....for recovering my wages and documents.....

    I have all the valid documents like approved timesheets and client reference and letter citing out details of dates till i worked as well as email correspondence with my previous employer...

    In worst case if INS ask me for the June and July Paystubs which i didnt get from my employer, can it effect the H1 Transfer and if so can the document like timesheets and client letters,bank statements, email correspondence with my previous employer suffice.......

    If u all support i want to teach this guy a lesson...so please come forward and give me suggestions....although i was always working but still due to this stupid guy i have doubts in my mind....

    Hey People i want justice ,this guy has harrassed me a lot and put my carreer at least 2 years back....i had excellent background allways worked with reputed concerns...

    Please help...any help will be highly appreciated.

    I was in a similar situation and filed a complaint with state DOL...It is going to be a year and haven't heard back from them. I will follow up and check the status.. Every state has limits till when u can file the complaint so do check. Send me a PM if you plan to file TX/IL...

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  • mallu
    09-26 10:03 PM
    Thanks. But GC still sucks because of the long process. Good Luck to everyone.

    PD - 04/2002
    EB3 - ROW
    I-485 RD - 03/2007
    I-485 AD - 09/2007

    Congrats. So you are an old timer, with PD 2002. (Being from ROW) you luckily escaped the name check torture.

    I am also a relatively old timer ( PD Nov. 2002 ). Unfortunately stuck in namecheck since Aug.2006. My fellow Indians say , i can just sit like this for another 2 - 3 years in name check :-(

    12-08 04:13 PM
    It will not have much impact if any president comes in the case of immigration. Anyhow most of them are not going to Veto. It is the congress who plays important role. President can just initiate the process. Bush tried his best to pass some immigration reform but divided congress defeated all the bills. Who is the reason? Not just anti immigrants but also pro immigrant groups. Expectation from pro immigrants was too much and in some cases impractical. Anti immigrants used those and defeated every time. Also anti immigrants used division in various groups like legal vs illegal, high skilled vs low skilled and H1 vs green card. Some unbiased leader need to bring a bill which should work compromise at the same time that compromise should benefit all the groups. But unfortunately most congressmen are busy in other works. Next congress is critical for any immigration reform

    Agreed. However due to the Iraq war. Bush is very unpopular. His conservative base revolted and the republican party did not tow the line and did not support him on this issue, in truth the other side was more helpful than he could have hoped. I agree Bush tried his best, but if he tried in 2001 the result would almost certainly have been different.
    A new president comes with a mandate and some fresh political capital. It just depends on what issue he wants to start spending it upon. Given how controversial and virtually radioactive this issue has become, I would not blame the next president if they started with something else. However if things start to go well then he/she could start pushing for this and he/she could provide political cover for congress on this.
    Our issue ought to be less controversial but in congress, anything pro-immigration seems to be sneered at right now. Everyone is set on this enforcement first policy and don't want to hear a thing else. It is unfortunate.
    All said, we and our issues cannot wait until 2009. We have to push and try to get this done whenever an opportunity come up. Even after 2009 nothing is guaranteed and we might just find that things get worse too, especially if there is an economic downturn.
    That is why we need to push hard now.

    09-21 12:04 PM
    i kept telling you guys since last week

    send faxes to congress /house...it is in the house where bills get structured.

    make sure u add only the SKIL bill...just remove cap for ppl with advanced us degrees...that was the only thing the house had agreed to consider

    but everyone on this forum ignored me

    no it might be too little too late

    i am not saying all i slost...atleast we got some action going amongst the members of this site

    it aint rocket science guys....think about it from the lawmakers point of view....would they allow for more immigration frindly reforms now....no way...so be ready to compromise and suggest the ones which are truly benefecial to the US economy....

    the bottom line was always...borders secure first..then talk about immigration reforms....

    for the coming seasons....we have to push for nothing but the SKIL bill

    that is the only bill that has hope

    the other glimmer of hope in all this is the house has inadverently left out the fact on how they are going to fund the building of the wall

    it is here that we step in...

    fees for filing I485 for people under SKIL

    fees for being able to file 485 before visa numbers

    etc etc etc

    we have to take advantage of this opportunity

    in the mean while....SEND FAXES ABOUT SKIL BILL

    You remind me of Katrina fiasco....Red Cross was asking for money and you are bent on sending food and clothes. Let the people in close proximity of washington decide what we need to do at this moment.

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