Wednesday, June 15, 2011

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  • seekerofpeace
    09-04 02:03 PM
    Thanks for the responses...My email as you see in the first message is neither "Welcome" nor a CPO.

    So am I unique....unwelcomed approval.....strange...even in this there is no standard format or routine....


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  • gc67890
    07-28 03:55 PM
    I had too.

    Labor EB2 NOV 2004
    I140 Approved Feb 2007
    485 RD July 2nd 2007 ND Aug 10 2007

    Contributed $200

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  • psk79
    09-26 12:15 PM
    I am Jul2 filer with a notice date of Aug, 31. (NSC to TSC transferred) I got the receipts in early september however as of today no FP notices. I called uscis and hte guy told me to wait 30 days until oct 2. I dont know if there are any other guys in this case.....

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  • alterego
    10-27 07:58 PM
    I think the lawyer wants her to get the h4 stamped so she can stay in status in case of any problems with the 485, especially since you are maintaining your H1b/AOS pending on which she is a dependent.
    Since she has not used the H1b or got it stamped and since you have applied for 485 before it was to take effect, she is safe with your dependent 485 AOS and H4 status. Cancelling her H1b will benefit you guys from any confusion at the consulate. Either way the AP will allow her to return in AOS without problems.


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  • desi3933
    06-24 07:51 AM
    are you sure that the dates can retrogress by july 15???

    Do you have a precedence of such thing happening???

    I suggest you ask this question to your lawyer/attorney and you may be surprised by the answer.

    People always believe in what they want to. It is so strange.

    Please check and verify details with your attorney/lawyer. This is NOT a legal advice.
    Permanent Resident since May 2002

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  • IfYouSeekAmy
    11-02 04:50 PM
    Is she your fiancee or wife??? In order to use cross chargeability you need to be married to that person.

    My fiance's country of birth is a country which has visa numbers. I am from India. I want to make use of cross chargeability . I have some doubts in the process. Can guys who have gone/going through this process help me.

    1.) I have a masters degree from USA and my employer is willing to file under EB-2. my wife is bachelors. Can i apply in EB-2 for both of us and charge it to her quota since it is current for her country.
    2.)Would she need to be physically here in USA for filing i 485.
    3.) one of my acquaintance was telling me that the GC we get using cross chargeability is a conditonal one and not like regular GC. Is this true.?
    4.)Is cross chargeability always possible or does it depend on the will and mercy of uscis.
    5.) Is it true that we might have to go through rigorous and sometimes humiliating interview processes to finally get the GC.


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  • eb3_nepa
    03-25 01:12 PM
    Everyone seems to be giving 2 cents, lets contribute a lil more guys ;)

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  • p7810456
    06-18 06:59 PM
    Unfortunately I am in a very remote area , as factoryman above mentioned , in montana. factoryman , did this answer your question ...

    well.. i guess try your best. the cause here is worth 70 mile trip, if need be. take the trips.. most probably you would need to do only one blood work.. so go for it.

    Meanwhile, don't forget to Buckle up and Drive safe :)


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  • kukitron
    08-07 09:01 AM
    Hello Gurus,

    I am currently looking for a job and I have a US Master's degree. I am stuck in this retrogression and my lawyer applied for EB3, and I have no choice but looking for another job that requires me a M.S. with higher salary so I could apply for EB2

    Do you know where I can see which is the minimum wage for applying as EB2?? I remember in my Labor certification there was a place where I used to check minimal wage requirements.

    I am rest of the world, and having an EB2 application will let me jump out of the retrogression if EB2 continues to be available

    Thanks in advance

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  • ameryki
    02-13 06:30 AM
    CBP at the airport mistakenly thought your wife was a permanent resident, instead of still having a pending 485. She should not this on the I-131 when applying for a new AP.

    I appreciate the input above. I am getting ready to apply for her AP now held off for all these months. The change between then and now is she has gained an extension for H4 status for the next 3 years. With this change will her class of admission on AP application be H4-B or something else? If something else then will it be LPR or AP in the Class of Admission field on the form? She does not have a valid H4 visa just an extension of H4 for 3 more years based on my H1 extension and has not left the country since the last time when the CBP mistakenly assumed that she is a resident. Your help will be appreciated.


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  • blacktongue
    02-15 01:29 PM
    Some states will still backlogged.

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  • sorcerer666
    03-25 12:52 PM
    I think for anyone to help you here, you need to provide more details. If all the facts in the letter that you pasted from USCIS is true, there seems to be very limited grounds for appeal.

    ***I am not a lawyer***


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  • rajeevkaza
    04-02 04:20 PM
    Hi Chapsi29,

    Do not get panic, there is no hard and fast rule that they will ask for RFE in ur case. Say if they come up with RFE they will ask ur employer to support with financial status as 140 is employer based, some time they approve ur 140 with out any hassle, so best of luck. Keep ur fingures crossed.


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  • ilikekilo
    05-04 09:49 AM
    My company is closing offices and we all will be working from home. My I140 is cleared and I am in process of extending my H1 which expires in june has no office at india.
    I want to know for how long I can work from India on H1 being on US payrole? The

    Not sure as to "how long" but AFAIK , but when a person doesnt work in the same location as mentioned in LCA of H1B, an amendment needs to be filed. I would talk to a reliable attorney.


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  • fatjoe
    10-06 05:34 PM
    Really? Did they give you that information?
    I have taken infopass 2 times in last 2 years, and they just tell me - we cannot tell anything about that info from the "screen" they have access to.
    They just give a vague answer that everything is in order but your visa numbers are not available for your dates, you need to wait for visa number

    I went twice, both the time they gave me that info. Not only that, they can tell you if your case was assigned to an IO or not and also when the IO reviwed you application lately. You will have to specifically ask them.

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  • ras
    06-04 02:34 PM
    This is useful for those singles who have applied for green card but are worried about getting it before being married. And there appears to be quite a number of them.

    Even if it is not useful for all those married green card applicants, this is a huge thing for the singles even if they are in the long Q. This is a long term solution for a section of the IV community. Because it is not useful to married doesn't mean that it is not relevant to IV community.

    I have seen people who didn't apply during July fiasco though they are eligible just because they cannot bring the spouse if they get married. Absolutely it is relevant to all those singles out there in this community.


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  • freddy22
    04-24 09:54 PM

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  • iv_only_hope
    09-30 03:13 PM
    There is some potential good news on the horizon. DHS just published a notice ( that they intend to consolidate three of ancient CIS electronic record systems into a new database. Hopefully, this new database will yield the data the Visa Office needs.

    Right now, the CIS does not have any comprehensive database that shows how many AOS cases are pending by preference classification, priority date, and country of chargeability. The new database that is supposed to become operational within the next ten days contains information gathered from the many independent CIS databases. Supposedly, this new database will show all of this information.

    Once the CIS is able to provide the State Department with this information, the Visa Office will then (for the first time) have accurate information as to the actual demand for immigrant visas. They will then be able to make more accurate adjustments to the cutoff dates in the Visa Bulletin. For some time now, they have been flying blind without accurate information.


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  • LostInGCProcess
    01-16 10:20 AM
    It is considered fraud if you go for H1B stamping and you don't have a job. If the consulate gets to know that you don't have your job anymore and you were aware of that fact when you applied for the H1B visa, you could permanently be barred from entering the US.
    I would advice against such a move. Try to get a new job and transfer your H1B and then go to India for visa stamping.

    In a way you are right but not entirely. It is the responsibility of the sponsoring company (that filed H1 for the person) to pay while he/she is employed with the company. Its does not matter whether he/she has a client project or not. So, as long as the sponsoring company say they are going to pay him he/she is legal.

    11-12 04:07 PM

    I am on H1B in USA and now I am planning to set up a company in India. Will I be violating any laws by doing this.

    Can I operate the company from USA and still get payed in India. My clients will be paying my company in India.

    Will I have to pay taxes in USA.

    Thank you for your time.

    WOW. People ask so many questions!!

    Here is the answer - If you stay more than 6 months in US, you will have to pay taxes exception will be only L1 VISA. But before you think of L1, read L1 Visa requirement rules.

    Have fun.

    11-21 02:14 PM
    But I have a lot to be thankful for. Thanks to IV, he has his EAD and can have one less thing to worry about in his new job search.

    If he is in IT - no need to worry at all. Hiring is going on in full swing which is unusual for this part of the year.

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