Sunday, June 26, 2011

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  • Ann Ruben
    02-16 02:02 AM
    The new PW system seems to be taking about 4-5 weeks, not months.




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  • Michael chertoff
    06-19 11:50 AM
    wife is a bug that can't be debugged no matter what's the fix

    You can use Divorce debugger, it is a good tool :rolleyes:




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  • sweet_jungle
    11-17 12:26 AM
    it is the primary applicat's status which matters. spouse can be on any non immigrant status to file for I-485.

    Once spouse's I-485 will be filed, F1 will become invalid but will become AOS applicant. AOS is a status by itself and you will not be out of status. Spouse will be eligible for EAD and AP to work and travel. There is no need to convert back to H4 before filing for I-485.

    The only danger is if for some reason, I-485 is denied, then AOS status becomes invalid and then it will be out of status. In that case, primary applicant should have maintained H1 status (used H1 transfer to change jobs instead of EAD and used H1 visa to travel instead of AP) and that can be used for re-instatement of status of spouse back to H4.

    In summary, bringing back to H4 before filing for I-485 might be safer but may be impractical as the conversion will take time and in that time, one might miss the priority date window which will change month to month. Also, if spouse is using F1 to work, conversion back to H4 will require stoppage of work till EAD.




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  • ken
    04-08 02:24 PM
    Hello gurus
    I filled my 485 in july fiasco at Nebraska service center. Today I recieved an online update on my and my wife case (485) saying that case has been transfered to miami,fl , the reason is because it falls under that jurisdiction.
    I am EB3 India, PD Aug 2002.

    I already recieved my EAD,AP

    Let me know your thoughts or if some one else also recieve the same update.

    Thanks in advance..



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  • shaq
    05-14 02:43 PM
    I did my three years diploma (polytechnic) and three years engineering degree (B.E.) after that and I had @ eight years of experience while I had applied for GC through EB2 category. I had no problem in getting my I-140 approval; so far I have not received single rfe.

    I had same situation as vactorboy but I had US masters. I had no problem with labor or I-140. My I-140 was approved in a month.




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  • Prince William and Kate


  • dpp
    06-27 11:41 AM
    I filed my 485 last week and didn't file for EAD. My spouse is filing 485 next week and i will be a dependent in that application. If i apply for EAD in his application, can i use it to invoke AC21 if i have to change job after 6 months under my 485?
    I have read here that EAD is not necessary for AC21, but my lawyer said its needed.

    You cannot file more than one AOS petition per applicant. They may reject all of them. Otherwise it will be a mess like how it is there now for PERM and I-140 petitions.



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  • jasmin45
    08-02 04:54 PM
    EB-1s for Indians and Chinese are also expected to be current. For EB-2, India is expected to have a cut off date of January 8, 2003 and for China the cut off date will be April 22, 2005.

    For EB-3, according to Jan, the worldwide cut off date will be August 1, 2002, India will be May 8, 2001 and China will be April 22, 2005.

    Jan also reports that 18,000 EB-3 for Indians have been processed in this fiscal year with 8,000 of those cases approved in June and 7,000 in July. By the way, the annual EB-3 limit for Indians is 2,800 so go figure.

    Also, approximately 40,000 cases were received at the Texas Service Center on July 2nd and 35,000 were received in Nebraska.

    One final amazing fact that Jan has learned - USCIS requested 66,600 (666!) visa numbers from the beginning of the fiscal year through the end of May and 66,800 numbers in June and July.
    These are old statistics which can be found in many threads in IV post july 2nd fiasco... Just wanted to add .. there were some news articles which also mention about USCIS returning some of the requested numbers as early as July 5th. So they did not use all the numbers that they have requested for. Hon. Congresswomen Zoe Lofgren also mentioned about this return of visa numbers in her letter to Secretary as well.




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  • ken
    04-10 02:34 PM
    Please update your profile with details so that it can be helpful to everyone tracking the success
    http://immigrationvoice.org/forum/profile.php?do=editprofile

    on IV tracker
    http://immigrationvoice.org/index.php?option=com_tracker&Itemid=63

    IV members are requested to update their profile with valid dates so that we can make IV tracker helpful for everyone.

    I have personally decided to make this request to everyone who does not have their details completed and only then respond to the member. If a member has bogus data in their profile for tracking purposes I would not be replying to that post. This might help encourage members wanting replies from IV core team for their questions.

    Already updated my info, But not all, Also when i try to do some sort based on PD it is not working.



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  • Kate Middleton аnԁ Prince


  • kondur_007
    02-23 07:11 PM
    Well, in the middle of negative comments, I have something positive to add here.

    I do agree that what you did was not a right thing to do on H visa; however, it is not uncommon, mostly because many people are unaware of it.

    In any case, I have following comments/solutions for you:

    1. When you worked on 1099, you violated H1 visa status, so you were out of status starting from the day you first worked on 1099. However, you were not "illegally present"; only "out of status".

    2. Since you have not filed 485 yet, you can correct this thing before filing 485, and here is how:

    If you have H1 visa stamped on the passport already, it is very simple. You need to go to Canada, Mexico (to have a margarita :)) or any other country and come back (make sure you get new I94; so preferably do this by air). And then file 485. The rule is, your "out of status" period counts from your last legal entry and nobody will question you for the "out of status" period before that.

    If you do not have H1 stamped, you need to go to your home country and get it stamped first and then come back on new I 94.

    Above applies to all the dependents as well.

    3. I know of a case on a different forum where USCIS actually denied 485 on the grounds of this 1099 issue (do not want to scare you, but it can happen as your "out of status" days will exceed 6 months and 245 (k) will not protect you). In that case, the person affected is going to "reenter" and then refile 485 (using the same 140 and PD); and I believe he will be successful (I donot know whether he already did it or not). In your case, since you have not yet filed 485, above solution 2 will be the best option.

    Lastly, I AM NOT A LAWYER and I do not know all the variables in your case! Follow the advise of a good lawyer.

    So at the end; I will not advise anyone to break the law and work on 1099 on H1 as it is clearly unintended use; but yes, it is fixable....

    Good Luck.




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  • webm
    12-15 06:50 PM
    my last FP (which was my first one) was done in Feb 2008.

    Still Wondering why would they sent so early:(..never understand crazy CIS and its dynamic policies..



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  • boston_gc
    05-30 10:31 PM
    My PD is Sept 2005 and EB3 India. With the new company I can file EB2. What will be your recommendation?


    Keep in mind the consequences of the new bill. Any I-140s filed after May 21 (or 15 depends where you are reading) will be invalidated. If I was you and my PD is current, I would take the risk and hang in there, get I-485 filed and bite the bullet for 6 months or 1 year (again depending on how the bill turns out)




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  • chakalov
    07-31 04:23 PM
    Its a common practice. Don't worry, you will get your new DL in mail before 30 days. Samething happened to me when i moved to Maryland state, they took my old DL and gave the new DL. You cannot have more than one DL at any time and so they have to take the old one.

    Did they give you a temporary one or they straight away issued a new permanent DL. Right now all I have is a sheet of paper with my name that states temporary drivers license. I cant even walk in a bar to buy beer ... its annoying!



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  • loveiv
    07-08 03:14 PM
    Hi All,

    Give me all your valuable suggestions for the below case:

    - Got a full time offer for my wife who is working on H1 and has EAD too.
    - She decided to transfer her H1 instead of using EAD.
    - My wife has sent all the necessary documentation to the lawyer.
    - Mean while, we got I-485 approved. As per lawyer, upon 485 approved, H1b and EAD is no longer valid.
    - We have not received I 485 approval notice through mail yet. We just have email from immigration

    Our question is on what should be the valuable document that can be shown as eligibility proof to work as we have not received I-485 mail and cards yet.

    Another question is: Can we visit local USCIS office for the temporary green card stamp based on the email got from immigration.

    Your response is highly appreciated.
    Congratulations.
    One thing I did not understand is 'Urgent Please' in your thread heading.
    I don't see any urgency here, unless you added to draw everybody's attention.




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  • imm_pro
    08-18 01:53 PM
    The change of status from H4 to H1 is usually effective from OCT 1..so the H4 visa is no longer valid..



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  • marlo
    07-18 12:24 AM
    This is totally a lawyer matter. Do not rely on any forum for this.




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  • slowwin
    07-09 11:48 AM
    Funny that this lawyer is Ok with transferring H-1b, but does not want to accept an EAD. .

    It's obvious. This lawyer wants to make money for applying H1-b (transfer ~ $5000 typically). If you use EAD he gets zilch.:D:D:D:D:D:D



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  • Raj12
    10-31 12:28 PM
    Does anyone know phone no. and office hours for Atlanta Field Office. Thanks




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  • justin150377
    07-02 01:16 PM
    time to sue...




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  • waitingmygc
    01-19 12:01 PM
    You have only 2 options:
    Either postpone your vacations or get new visa stamping on your passport.

    If opting for new visa stamping on your passport then mentally prepared to stay for a bit longer time if in case.

    Better ask your attorney, I believe he will suggest you the same.




    jonty_11
    12-26 11:44 AM
    Just allowing filing of I-485 while You are retrogressed, is a boon, so u can get EAD and are allowed to change Jobs in the Same profession




    Jeff Wheeler
    06-21 04:13 PM
    all the images are broken, does anybody still have them?



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