среда, 29 июня 2011 г.

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  • poorslumdog
    05-03 11:56 PM
    Guru's pl help..

    One of friends 485(primary) was pending and his wife's 485(derivative) also pending.
    Both of them are on H1(different employers) and they both lay-off around the same time about 4 months ago. My friends employer has been running paychecks for him but his wife's employer canceled her H1.

    Is she now on "AOS" status or out-of-status?
    Is she has to file H4 as my friend's dependent?

    Thanks in advance..

    I hope experience people will guide you on this. In the mean time why dont you ask your friend to join and ask the question.




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  • mbartosik
    07-14 12:26 PM
    I thought that the ideal time would be before applying for I485, and thus the dependant spouse would automatically get a gc with which ever spouse got the gc first. So I would think that both applying and getting married before either I485 is submitted, and who ever gets gc first their dependant spouse gets it too.

    If the I485 is already filed I don't know if it can be amended.

    I'm no attorney so you need to throughly research this.




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  • Appu
    09-16 12:38 PM
    There's a very good post here:

    http://www.dailykos.com/story/2006/8/29/1091/84205

    Everyone on this forum should go read it and comment on it.




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  • EkAurAaya
    11-12 04:23 PM
    http://www.uscis.gov/files/pressrelease/HandLFinalRule110107.pdf

    Generally, adjustment of status applicants must obtain Advance Parole (Form I -131, Application for
    Travel Document) from USCIS prior to leaving the United States or else their applications are
    deemed abandoned. H-1 and L-1 nonimmigrants (and their H-4 or L-2 dependents) are now exempt
    from this requirement. Previously, they were required to present a receipt for their adjustment
    application at the time of readmission to the United States following foreign travel. This final rule
    eliminates the unnecessary burden of presenting this receipt since the application information in the
    receipt is in USCIS databases available to immigration inspectors and adjudicators.



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  • TomPlate
    10-03 06:59 PM
    I filed i485 after my i140 approved. But my company was sold to an other company. Till my company didn't file i140 amendment.

    Can i change job after 180 days of filing i485. Even though my amendment is not filed yet.

    what may be the problems.




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  • akp22
    06-16 10:32 PM
    Explore interfiling... no personal experience ... but the idea is that they use the same I-485 but interchange the underlying I-140. Seems like there is no special form for this but to just write to USCIS with evidence for the new approved EB1 I-140.

    Thanks grupak. Are you EB1 485 filer? How long is it taking to get from 485 filing to green card these days?



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  • NKR
    10-21 08:32 PM
    With the risk of this news being branded too India specific, i am posting this...

    go to

    http://www.isro.org/pslv-c11/videos/introduction.htm for live webcast of chandrayaan launch. the launch is scheduled to be at 8.50 PM ET




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  • shruthii_1210@yahoo.com
    10-09 03:30 PM
    Hi,
    I recently received EAD and my I-140 approved an year ago . I am waiting for the 180 days count down to be over. but my question here is after 180 days if i want to use AC21 , do we really need to have the I-140 apporval copy or receipt number bcz it is still with my employer and they are not going to share with the me for sure. But it got approved and year ago for me.

    Also is there any way i can get the receipt number of I140 by calling the USCIS ?

    Please help!

    Thanks



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  • go_guy123
    02-15 08:29 PM
    as well as I see a separate bill for foreign nurses is coming up for discussion, we I feel we should talk to our lawmakers to bail us out of the EB-3/EB-2 India/china mess

    The employer lobby is always desperate for a Nurse Green Card just because they cant be hired on H1B. Sometimes I wonder perhaps things would have been better if H1B had not been there for IT folks...then the employer lobby would have genuinely lobbied for
    GC reform.




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  • askreddy
    06-18 01:05 AM
    Hi

    I was staying in Oregon.I am working in CA for the last one month.
    My family still stays in Oregon and will continue there. We also moved to diff apt one month back in Oregon. ( In the same apt complex/zipcode)

    I will stay here in CA for couple of months.

    Can I give the present address in Oregon for all of my family members Since my family still staying there.

    Do I need to give my present address for me in CA. I may be moving to diff apts here depending on project/confort.


    Pls advice.
    Askr



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  • B+ve
    04-09 08:55 PM
    Hi There,
    My 485 application is pending at TSC on EB3 category, country of chargebility is Inida. Yesterday my PERM labor approved on EB2 category and need to apply 140 to recapture my own EB3 PD.

    My employer will come under NSC. if the PD recaptured, I will be hardly one month away from my priority date to be current, as per the current visa bulletin dates.

    So can you please provide some suggestion to which Service Center will be opt for filing EB2 140 now, in order for getting an optimal process for 140 and eventually 485?
    Or does the service center really matters as it will take a very long time for me to get greened?

    Thanks,
    B+ve.




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  • lonemetro
    08-11 07:04 PM
    Dear Friends,

    I finally got my RIR/EB-3 approved. My lawyer just mailed out EB-3/I-140. Now, our parent company is trying to transfer me there to work for them. Because the parent company has totally different name and tax id, that means I will need to start from H1B-PERM-I140 all over again.
    If I start working for the parent company before the current EB-3/I-140 gets approved, will I still be able to use its Priority Date when I apply for the new EB-2/I-140 under parentcompany? What if the parent company decide to close down my current company before EB-3/I-140 gets approved, will that I-140 still be valid?
    Any input is welcome and appreciated.

    Thanks much!



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  • maya79
    08-26 09:48 AM
    Thanks for your reply. By B1 Visa, I meant that I will go to client side and understand the project and meanwhile my employer will file my H1 Transfer. and on B1 I wont get paid.

    I have seen the giuys who come on B1 from their Indian Offices for 1-2 month period.

    Suggestions are really appreciated since client is not agreeing to extend the joining date and that the only criticality I have in my situation.

    Any Experience is highly appreciated.

    Thanks




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  • ItIsNotFunny
    11-12 10:36 AM
    Hi California members,

    There is an IV action item to fight recent practice of USCIS in denying I485 applications in some AC21 cases. For more info, please visit:
    http://immigrationvoice.org/forum/sh...ad.php?t=22182

    It�s a serious issue which can affect many of us, please act now and send letters (letter formats and everything else is ready in the thread quoted above). It will only take a few minutes of your time.

    State chapter leader,
    Please try to bring attention of your state members to this IV core approved effort.

    Thank you.

    Good Job NK2006.



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  • deeru
    04-02 01:12 PM
    mine is NSC...looks like NSC is taking more time than TSC..




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  • minimalist
    06-25 10:25 PM
    Each case is different. Please wait for your lawyer to receive it.
    Hi,

    I just got an update on my and my wife I-485; i dont know what it is but they have requested for more information.
    Can any one clarrify that who will get the RFE? will it be me or my lawyer?
    If possible can any tell what it would be?

    Thanks in advance !!!



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  • immigrationvoice1
    03-19 05:12 PM
    Gurus, please respond...




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    07-14 06:28 PM
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  • mchhokar
    05-15 02:45 PM
    Hi,
    I am on L1 B (Individual) Visa since last three years. In January my company filed for extension, this time on L1 (Blanket). I received RFE in March, which my company replied in April. A couple days before the attorney called us mentioning the petition has been denied and I am awaiting final documentation.

    Here are facts:
    I am Senior Product Manager with Bachelor's in Computer Science and around 8 years of Experience working with the same Company. 5 years(India Subsidiary) and 3 Years US HQ.
    We did mentioned in our RFE that I have the sole knowledge of two products that I represent and that with other things to convince USCIS.

    My company is open and willing to appeal against the decision.

    Questions: Could it be a reason that Attorney couldn't represent my case well and in that case should I reconsider other Attorney who is specialized in L1 process.
    -Can appeal process buy me some time and should I start my H1B process simultaneously?
    If yes, is that something which I can do legally.
    -How much time can appeal process buy, is it two months, 4 months, 6 months ??
    - My wife is on H1 and I do have 10 years B1 visa on my passport. Given those circumstances I do understant that my options for legally staying in US are open but I really want to avoid compromising options and save current working status.

    I have been thinking-thinking a lot during last couple days and thus Any help and directions would be appreciated.

    Regards,
    Manu




    alien2006
    07-13 07:45 AM
    I would not get married until I have the GC in hand. In the mean time ask your gf/fiance to start her GC process thro employer. Once you have your GC, you can get married and apply for her GC. Whicher way her GC comes first - i.e. through employer sponsored or through your sponsorship, go with that. I think its taking around 3-4 years for GC to sponsor their spouse.




    hsingh82
    07-14 04:05 PM
    Can she open a business on H4 and won't need B1/B2 (I read somewhere that Canadian citizens generally come on B1/B2 to establish a business and then apply for E2)? Let's take an example, we invest 50K into a business and which employs 5-6 US citizens and also buys raw material/products from US suppliers with profit generated is 3K per month, will that be OK? Also, since she is on H4 and I am on H1 and none of us can work for the business how do we set it up?



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