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  • EdGMan
    09-21 03:50 PM
    If I were you, I'll follow it closely. Don't rely on your employer and lawyer. I have a friend in Atlanta whose case was closed accidentally. He waited for a year to follow-up with his employer and lawyer only to find out that BEC closed the case because they claim that they never received any response for the 45-day letter. His H1 was also getting close to teh 6 yr. limit.

    Good luck.




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  • leo2606
    12-13 08:02 PM
    We are all waiting for next breaking news from you ramnadhan.

    Visit another immigration site tomorrow and come back with another breaking news.


    January 2008 Visa Bulletin and Predicament of Unmarried Indian EB-2

    India has a tradition of family match-making marriage that more or less determines the timing of a marriage for a single person. When the EB visa numbers were open a few months ago, the unmarried single EB-2 worried about premature approval of their I-485 applications before they would have married and often talked about the way to delay approval of I-485 applications until they would marry. The January 2008 Visa Bulletin and the State Department prediction for the EB availability in coming months have removed such worry from these Indian professionals. However, in an unanticpated twist and irony of the development, they will instead face a different problem, to wit, their future spouses may not be able to apply for a following-to-join derivative EB immigrant visa benefits for a long time. Considering the amount of time the future spouse will have to wait to file for the immigrant benefits, it may be important for these EB-2 Indian professional to take at least two actions. These unmarried Indians have maintained a H-1B status to bring their future spouses in a H-4 visa status so that they are not separated after they marry. This strategy will become more real and critically important, meaning that they should keep staying on a H-1B status and not using EAD and AP. If they returned using AP, they may at some point of time, reinstate their H-1B status before their H-1B validity runs out. The other action which they should take is to file concurrent EB-2 and EB-3 I-140 petitions using the same EB-2 labor certification. Since the EB-3 is more favorable or at least will have a cut-off date rather than "unavailable," in certain situation they may maneuver the immigration rules that permit transfer of pending I-485 applications between EB-2 and EB-3 during the period when the visa numbers remain current for him/her. Such maneuver may at least allow the spouse to file I-485/EAD/AP. When EB-2 becomes more favorable, they may have to transfer the I-485 applications back to EB-2 petition. This maneuver is not a good option for everyone as it will require a log of juggling. However, some earlier priority date EB-2 Indians may dare to venture such juggling because of their unique circumstances that require filing of I-485 application for the spouse. It is something to think about and people should seek legal counsel.

    I hope this info useful for our fellow members.

    Thanks,
    Ram




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  • fromnaija
    07-23 02:38 PM
    I remember reading somewhere on USCIS website and this forum that FP taken in late 2007 (probably for all July 2007 filers) will last for the duration of AOS application...

    This must be for bad FP or for missing FP for self or any family member...


    I posted the following at another forum on this topic:


    USCIS is developing the Biometrics Storage System (BSS) w hich will allow the re-use of fingerprints and, if an application or petition has not been adjudicated within the fifteen month validity period, USCIS will be able to simply re-submit the stored fingerprints to the FBI, without any involvement of the applicant or petitioner. See 72 FR 17172 (Apr. 6, 2007) (establishing a new system of records).

    It is from this link:
    http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9aecd408423b3f800b01aa0c83db a52


    Further research showed that the BSS (Biometrics Storage System) actually went into effect on May 7, 2007.



    DATES: The established system of
    records will be effective May 7, 2007
    unless comments are received that
    result in a contrary determination.

    This is from FR 17172 which you can find at:
    http://frwebgate.access.gpo.gov/cgi-bin/getpage.cgi?dbname=2007_register&position=all&page=17172




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  • dpp
    10-27 12:16 PM
    See you Saturday, please see the previous reply to USIRIT as I suggest we meet outside.

    I have searched for US 31 and 146st intersection for 1 1/2 hours, it is very confusing. Actually, there is no 146st and US 31 intersection as such. It is actually Greyshound pass and 146 st intersection. Finally i went to one Starbucks at 11:45, but nobody was there. Also there are so many Starbucks in and around that area. Please post the exact location with address next time onwards.



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  • sunny1000
    06-19 03:00 PM
    My case is already at the embassy since march 2007? Not sure when they schedule interview ?does anyone know the time lines.

    Did you check the Embassy website? They post the interview dates for all the applicants scheduled for the following month. You can email them or call them and I am sure they will respond.




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  • inskrish
    07-26 01:33 AM
    I just received a confirmation email that I485 of my wife got approved just a couple of days back. But I myself have not received anything. Its kind of weird because she was my dependent and I was the primary applicant.

    Can somebody please suggest if they have seen something like this before ?Do I need to do anything ?

    Don't worry. I have seen several similar cases before. Most probably, you will get your case approved in a couple of days. Congrats for getting the GC.



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  • IneedAllGreen
    11-05 04:30 PM
    Guys,

    I want to know what are the chances of getting I-140 approve if we file a new petition and current I-140 appeal process is pending with USCIS. My I-140 was denied on education basis. In denial notice USCIS wrote that we did not prove that my 3+3 (Diploma + Engg degree from India) degree is not equivalent to B.S in Computer science from Labor certification.

    Guys please share your experience with me since its important for me to get I-140 approve for future growth.

    Thanks




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  • deardar
    09-14 03:41 PM
    i meant the quality was like, that perhaps my computer is messing it up



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  • pezz77
    05-24 10:02 AM
    Please go ahead with the filing especially when your employer is bearing the expenses.

    Everything is in flux right now and even the bill is approved, It takes some time for the new system to get in place and you can preserve the Priority Date of the LC applied under the old system, if you need to reapply as per the new merit based point system.

    Thanks for answering the question Sravani... that's all I was looking for: opinion on wether or not it was best to wait or not. Have a good one.




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  • kisana
    04-11 04:27 PM
    Can any one who has used e-file , please advice for my last two questions.



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  • pappu
    12-31 09:03 AM
    Is your case complicated or has multiple applications?




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  • go_guy123
    09-15 12:52 PM
    Hi All,

    Pardon my ignorance, but after seeing the initial steps of the CIR, I feel there's some hope for the Employment based immigrants, but no one seems to be discussing anything positive about it. Am I missing something here? :confused:

    Thanks

    I think you are new to EB issues. EB reform has been tried since 2004 and it has failed each time. CIR has been tried since 2006 and it has failed many times. CIR has almost no chance given the political realities that Democratic party/Obama is getting tied up with healthcare.



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  • sapking
    12-21 12:09 AM
    I think she should be apprised of pains in getting green cards for skilled workers from India, by ImmigrationVoice.




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  • hopefulgc
    03-08 12:57 PM
    AFAIK, I-140 is the underlying petition for the I-485. If I-140 is denied, the i-485 is automatically denied.
    Move fast, start a PERM and see if u can lock in a date.


    i missed the second part of your question.

    i personally know a friend whose 1-140 was denied and their 485 is obviously pending....he is working on EAD, they have appealed for the 140. While the case is pending the EAD has been extended by 2 years.
    Hope this helps.



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  • gman
    07-29 09:55 PM
    Safer way is to get legally married before GC gets approved. You can file her I-485 when she comes to the US.




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  • fromnaija
    07-20 11:24 AM
    File for her as CP. Whenever she is ready to move here have her get an H4 visa and then change CP to AOS when she gets here.

    Caveat: I am not an attorney so ask your lawyer if this is a feasible option.



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  • SanjayP
    07-05 04:47 PM
    As just as importance, read the laws. A traffic ticket turning into a weapons charge because you kept it in a glovebox without authority would be bad for future immigration purpose. Note I do not know if example is valid, just saying you never know and there are laws about how you keep them around yourself.




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  • surabhi
    06-19 07:25 AM
    Folks,
    I am due for an EAD renewal. However, my I-485 Receipt Notice got lost in mail. :(

    Can I still e-file. A lot of you said, we have to send a copy of the receipt notice as a supporting document. Can I do without it.

    Any pointers would be really appreciated.

    Thank You

    -Bipin

    I-485 reciepts are not part of required supporting documentation.

    http://www.uscis.gov/files/form/I-765instr.pdf

    see page 6:
    This is for paper filing.

    Need front and back of EAD card
    2 photos
    $340 check or None as applicable

    i-485 receipt notices are required only for first time filers not filing along with I485.




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  • desi3933
    06-25 10:41 AM
    I though such contracts are illegal in US?....It is employment at will.....that means they can kick you out anytime or you can leave anytime....maybe someone can clarify

    This is one of the biggest myths amongst H1 workers in USA.

    All depends the terms and wordings of the "Employment agreement". For example, if one is sent for 2 weeks training in, say, .Net 2.0 Technology and its cost is $8000, then agreement could have clause for paying back $8000 to employer if left employment within one year.

    There are, of course, other things involved and it is a complex subject. In short, Employment Agreement given enough ammunitions for employer to file at least a civil suit against employee.

    Please consult a good lawyer before signing any such contract.

    Not a legal advice
    -----------------------
    desi3933 at gmail.com




    pointlesswait
    03-28 11:51 AM
    how on earth do u expect ppl to knwo how USCIS functions..:eek:
    wait and watch!


    hey! why it is like that?? last month, feb 15 08, the processing date was July 31, 2007 and how come now updated mar. 15 and the processing date became june 08, 2007??? WHY?? my friend got her gc already, hers date was july 19...she got her gc!!so wats up with that!!Do you think they will send mine (july 22)?im so upset!pls reply soon!

    pd's
    January 15, 2008: from April 07.. it became July 19
    February 15, 2008: from July 19... it became July 30
    March 15, 2008: from July 30... it became JUNE 08, 2007???????????

    Do you think it was just a typographical error that it must be August 08, 2007 instead of June???

    this is the link to nebraska service center
    https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC

    I NEED YOUR COMMENT REPLIES.




    nixstor
    12-07 10:18 AM
    I transferred H1B from a teaching job (cap exempt) to a consulting company. As far as I remember, the H1B quota for companies was over at that time. I did not hear any complaints. Maybe my lawyer took care of it.

    You should check to make sure.

    May be you got lucky. AFAIK, transfers from non-profit/edu to for profit are always counted against the H1B visa number availability.



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