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  • CWYGC
    04-01 10:47 PM
    Sent both fax





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  • spindoctor
    07-19 05:47 PM
    Hi all legal eagles, advice please

    My case is quite complicated. Here is my situation.

    (1) Applied for I-485 (Adjustment of status) in July 2007. EB2-India category, PD March 2006.
    (2) Wife missed the bus when I applied for I-485. Her papers were not ready at that time.
    (3) Changed job utilizing AC21. So no more H1 status for me. Working on EAD in a new company. Living in US on a pending I-485 status.
    (4) Sent wife to India so that she will not stay in the US on an invalid H4. (After I quit my company, I assumed my H1 and my wife's H4 became automatically invalid because they belonged to my previous company. In any case those H1/H4 have expired too now.).
    (5) I was planning to call wife on a visitor visa. We planned to apply her I-485 once she is in US and dates become current for her.
    (6) Suddenly, my PD is current as per the latest bulletin!! Totally unexpected!!
    (7) Wife can't come back to US on a short notice on a visitor visa because of many pending tasks back at home.


    Now the big question is, is it worthwhile to apply for my wife's I-485 in India through a consular processing route? My understanding is that consular processing does not provide the benefits of EAD and advanced parole. So my wife will anyway have to come to US on a visitor visa. So we may as well apply her I-485 in US itself. At least then our applications will be processed together and she will get the benefits of EAD. And if there are any immigration interviews we can go together too.

    But the risk in this plan is that
    (1) By the time she is back in US the dates may retrogress again.
    (2) Worse, my GC may get approved this month itself, before my wife even has a chance of applying her own I-485, cutting off my wife's chances of getting a dependent GC based on my GC forever.

    Now my hunch is that risk no. 1 is a low risk. Either the dates won't retrogress again, or even if they do, they will move forward in October again. So we can live with that.

    Risk no. 2 is a bigger risk. But can USCIS take a decision on my I-485 petition so quickly. I don't think so. But if it does, then we lovers will be torn apart.

    And lastly, has anybody ever heard of "Follow to join" procedure? What exactly is it and can we utilize it to our benefit?





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  • gcformeornot
    08-10 10:15 AM
    No one knocked your door and and asked your personal opinion ....and no one cares for what you care ...

    Its all these desi companies who misused LC ...... Thereare otherbig companie who just follow rules and do according to it. Being a senior member here, this is not expected of you .....

    knocked on my door and asked me but they asked on open forum, where I can say my opinion. Since you are not OP. Are you one of the LS?





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  • jonty_11
    01-31 12:52 PM
    Guys - why is the Hike in immigration fees conciding with strong opposition to funding of the Iraq War.....These funds may well go to Iraq....as Bush is not able to garner support for additional funding from congress.



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  • Almond
    07-17 10:11 AM
    September 14, 2006


    Will you please tell me what date the I 765 "Based on a pending I-485 adjustment application [(c)(9)]" they're on? Thanks





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  • pd_recapturing
    08-11 10:42 PM
    My Job duties on labor says
    "Design, develop and test software using Java, C++, C, VB, Winrunner, SAP, Oracle, Networking, ASP and RUP"
    The title in labor is "Software Engineer"
    Now the new job offer has title as "Lead Developer"
    and duties are
    "The lead developer will be responsible for leading a team to creating components within Java, utilizing standard Integrated Development Environments (IDEs), writing unit test cases and supporting the Testing and Quality Assurance phases of the software development lifecycle."
    Can somebody comment on this in context of same / similar job?



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  • gsc999
    10-11 04:58 PM
    Thats true..everybody are bothered about EAD and FP. I am here for more than 8 years in this country. IV should emphasise this and USICS should allow affected candidates like us to file I-485 and atleast get EAD. we have priority date earlier compared to others.

    I missed the date by just a week:( .Not sure what to do here . People on the forum seems to be concerned about Fingerprinting and getting EAD's only .

    Same situation here too. My husband came to this country in 1999. Filed for greencard in 2004. Labor was sent to philly BEC and it got cleared in September 2007 so we too missed the window too. Not sure what to do


    ---
    Rest assured we are working to remove the root cause of visa retrogression.

    On a separate note, how can you start a thread demanding something from "IV" when you and few other people on this thread, stuck in backlog after 17th August, say that they don't want to volunteer for IV. Please explain why do you expect us to do all the work for you? If you aren't serious then please stop lamenting about your plight.

    Join your state chapter and get involved, your active participation is what will strengthen IV and enable us to fix this issue.





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  • gk_2000
    08-02 03:23 PM
    Funny you say that. I'm all for a honest debate and in fact mentioned cited this forum's intolerance for disagreement. We fail to realize that the EB quota is not a Indian only domain, that there are other non-Indian EB immigrants with their own viewpoints, and that unfortunately this narrow sightedness will stifle any unified efforts to fight this problem.

    And I'm not beating isantem up. I was on the other hand trying to explain to him why the policy of country based quotas are naive for attracting top talent. Please read my post below.

    I would have given you a green for actual substantive disagreement but seeing that you failed to comprehend what I clearly was saying, I'll give you a red. Looks like you care about them enough.

    Wao, a catfight

    Look inside you. Re-read what you wrote. It will become apparent how you personally attack people for saying things you don't want to hear. What's the use of arguing that the policies are "stupid" etc?
    Yes, give me all the reds you want if that helps you vent your frustrations.

    Your quote: "So please take your diversity argument with you and don't let the door hit you on your way out" says it all.

    Objectivity.



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  • pcs
    07-02 03:41 PM
    tonne of ,mental peace





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  • the
    12-20 01:16 PM
    If someone has already spent 6 years on H1B can he/she convert to H4 status?

    as long as spouse has a valid H1B...



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  • gc2
    01-04 03:03 PM
    bring one wife here in US and the other can apply for immigration to canada.





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  • kart2007
    05-17 11:23 AM
    I stay in an apartment OK. One day my neighbour (living downstairs) was crying with his wife and a small kid. You want to know the reason--NO PAY FOR 2 MONTHS!!!!. All his hard earned money was finished paying rent, OK and his kid was sick. No money, nobody to ask. His contractor said WAIT, WAIT and nothing else.

    In that case its better to go to India and lead a much better life than staying in this pathetic state here.

    Obviously there's no meaning for an immigrant to stay here away from his home country to be trested almost like an uneducated person.

    Living like this is not only bad for one's self respect but is also certainly illegal for the employer.

    Its people like this guy why companies liek Infosys etc abuse the visa program and pay less to guys they bring from India to US.



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  • Jaime
    08-31 04:26 PM
    Thank you! The reporter interviewed me for this story and I didn't even know it was published.Wow, you're the guy in the article? Good job!





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  • GCaspirations
    10-02 04:43 PM
    I am still waiting for FP notice, i got my EAD/AP/RD, for both of us.

    It was filed @ NSC on July 6th, ---> CSC -----> NSC. I got my LUd on 09/21 last on our 485.

    - satish

    I have the exact same dates as yours. What is your employement category and where was your I140 approved from?



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  • Macaca
    08-31 05:46 PM
    There is a blog attached to this article. Please follow up. Already, there are 72 comments.

    On an unrelated note, my explorer dies on IV's new (since yesterday) home page. Some other explorer's work fine. How can I fix it? Thanks!





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  • Life2Live
    05-30 09:32 AM
    Britain ruled out the law change 40,000 Indians to comeback home
    http://www.timesnow.tv/Reversal_for_UK_Indians/articleshow/2085257.cms


    US Visa Fee raise by around 66% for all and Green card process
    http://www.latimes.com/news/nationworld/nation/la-na-immig30may30,1,6138808.story?coll=la-headlines-nation
    :eek:



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  • anemmani
    01-28 09:36 AM
    The Telugu news channels certainly dramatize the issue and blow up the story. I sympathize with the students and their parents for the difficult time that they are facing. But, these students are not being tortured like criminals and terrorists.

    I believe these students were questioned by the USCIS and released on bail. Because these students are required to give evidence against Tri-Valley, they are released on bail after questioning. They pose a risk of flight and hence they are radio tagged.

    If these students were attending classes like thousands of F1 students across the country when the university was shut down, they do not have anything to worry about. They can leave the country or transfer to a different university. If they were legally working as interns in positions that are allowed by the CPT, they still have nothing to worry about.

    If these students were working at gas stations and convenience stores across the country instead of attending classes, they have broken the law. They are liable for prosecution. CPT is intended to complement your education with practical training. Working at gas stations and convenience stores does not qualify for CPT. For almost all disciplines except IT & software engineering, working for software consultants on CPT is illegal.

    These students bring F1 program and Indians into disrepute. Incidents like this also give ammunition to anti-immigration lobby in this country.

    Nag





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  • optimystic
    10-24 03:44 PM
    I really don't understand, what can be RFE about, as you have been with the same company all these years. You really deserve a Greencard straight away without a single question after such a Long wait. I hope your RFE is very simple to answer and I wish that you get your Greencard soon. Good Luck.

    Thanks for the good luck . I really need it !

    I am hoping that it would be something simple as well.

    - I am guessing it might be about employment verification (since its been a long time),

    OR

    - Current job description (probably they want to make sure I am in the same job role or going to be in the same job role for which GC was applied) . Which is more or less the case. My law-firm/company did a good job of declaring a generic (still O*net compliant) job title/description which luckily encompasses the range of roles (compliant with the job description) I have been doing over the last 8 years. And if required, at this point, I am at a stage where I am willing to take a demotion or something if required to work on the job role that matches the GC temporarily, if thats what it takes. And I am sure my company will fully support me. There is no dearth of requirement for fresh coders/developers at our team/company. They would probably be happy to oblige :D . But I hope it doesn't come to that. I think there is some leniency allowed in the growth of job scope/promotion etc over the course of years it takes to get the GC. Gurus any comments ?

    OR

    - some clarification about overall H1B status or something across all these years (although I know for sure my H1B status, I-94 etc has been perfectly clean so far)

    OR

    - Medical checkups may have expired and they need new ones? (my medical reports are from June 2007)

    OR

    - Ability to pay ! I don't think this would be the case. My company is a well reputed/respected Fortune 50 company. So hopefully USCIS IOs are also aware that my company would not have ability to pay issues! But who knows, in these economic crisis, they probably doubt every company !

    OR

    - Questions about Mergers/aquisitions/layoff announcements at my company?? I don't think these events by themselves matter/affect my I-485 case after the I-140 stage. My lawyer had clarified to the same effect. But they might trigger a request for employement verification.


    What could be other reasons that you guys can think off?





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  • chumki
    12-18 02:30 PM
    ok - it didnot leave on my own but got laid off. so i had no choice and i got laid off just 14 days before 180 day mark so my petitioner employer will thus not revoke 1-140

    but,

    i started the new permanent and smilar job 11 calender days before 180 days and now if I file AC-21, this will be a major issue now??

    SO, in that case, should I just sit tight and do nothing with AC-21 filing?

    I am very nervous now, please advise





    coolpal
    06-01 12:03 PM
    so does this bill include EB folks or not?
    I assume it does.. or this thread won't be so upbeat ;)





    GCInThisLife
    06-03 11:03 PM
    Yes. misrepresentation is risky and dangerous and no one is asking you to do it. All I am saying is don't submit information that weren't asked and expose yourself. For example if you only need to w2s for 2006 and 2007, don't submit 2004 w2s when you were paid less etc. IOs make the decision with the information provided to them and issue RFE only if the info is not sufficient or require clarification. In fact this is what even UnitedNations wrote in other forms.. i.e. don't pro-actively submit extra documentation.

    Coming to my wifes case, apparently, according to company records she was their employee since the start of H1B approval, but they were reluctant to put her on project and payroll with out SSN. When we mentioned this, the company owner was very cooperative and in fact ready to give us any letter we ask in case of an RFE or any time we request.

    Btw, do you honestly think I (or my attorney/assistent who filled the entire application for us based on the documents 'he asked us to provide' - We just signed it) don't know what you were saying about mis-representation?? Remember, I didn't even know there may be problems with her 485 till I posted on this forum so no question of any deliberate mis-representation. Since our attorney asked for copy of every document 'specifically' as a bulleted list separately for both of us, we assumed that he would point out issues if there were any. :).

    Also, this is exactly what I was saying.. why do come and visit this form, go back and pull my first post and quote on it?? :). If you have a suggestion or solution, please do offer.

    Anyways.. Wish you all the best. I hope your wait would be over soon.

    Most status related issues are wiped off after a travel outside US.

    What I would worry about most is if any misrepresentation was made to USCIS as far as status goes. Years later or even during naturalization, one's could face audit and possible revocation of an approved application.



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