raj2007
06-15 12:43 AM
Thanks guys for all the posts. I guess I have a little ignorant question. If I am married does my wife need to be here for me to file her 485. I am getting court marriage done in July 2007, and hope to file my 485 as soon as I have my marriage certificate, I am sure will be filing in July, but my wife won't be coming to the US till Jan 2008, which is when we have will have the ritualistic wedding. Does she need to be here for any paperwork. She could come on H4, but her parents won't let her stay for long. Does she need medical tests as well from civil surgeon when I file for her? I am hoping she can come in Jan on H4, and then get her EAD along with mine.
Yes she needs to be here to file I-485 and then she can leave and stay there..
Yes she needs to be here to file I-485 and then she can leave and stay there..
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wikipedia_fan
03-30 02:40 PM
Forum Gurus - I got a denial letter on my 485. I am a July 2007 filer and applied for AOS in July 2007. My 140 was revoked by ex employer in August 2008 and immediately I got a NOID from USCIS and responded to it in a timely manner and my case processing resumed.
But now, I got a denial stating that my 140 has been revoked in August 2008 and thats why my 485 is denied. My Attorney is filing for MTR and says it is a mistake on their side and will be resolved through MTR.
It just baffles me that the person who sent the denial letter never looked into the system to see my case trail and blindly issued the denial notice. My Attorney says, it is very much possible that they do not look at RFEs or responses - they just issue denials when they browse through the 140s.
I am EB2 India with a priority date of March 2006. I think some kind of pre assessment is going on. There are no LUDs and mine is at the TSC.
Is there anyone else in the same boat? How long does it take for MTR to get processed?
But now, I got a denial stating that my 140 has been revoked in August 2008 and thats why my 485 is denied. My Attorney is filing for MTR and says it is a mistake on their side and will be resolved through MTR.
It just baffles me that the person who sent the denial letter never looked into the system to see my case trail and blindly issued the denial notice. My Attorney says, it is very much possible that they do not look at RFEs or responses - they just issue denials when they browse through the 140s.
I am EB2 India with a priority date of March 2006. I think some kind of pre assessment is going on. There are no LUDs and mine is at the TSC.
Is there anyone else in the same boat? How long does it take for MTR to get processed?
bkarnik
09-17 11:30 AM
Done..now on to 6020
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pointlesswait
06-12 03:11 PM
i dont think they are hiding any numbers from EB3 ppl..thay are just following the rules book to the letter...
and since only one group of ppl are affected..they dont want to take the pain of fixing the immigration mess...4-5 years is a normal lag for ROW and non retrogressed nations...
You can go to USCIS website they have
information of Freedom of information act..specified..you can get ur dose of reality check if you want...
instead of that you can be more proactive and support IV campaings!
Is IV interested in doing a Freedom Of Information Act request to USCIS how and when they used up all visa numbers for EB3-India. That might show some information if they cooked the numbers if at all. We might get some more insight which monthly VISA bulletin does NOT give.
and since only one group of ppl are affected..they dont want to take the pain of fixing the immigration mess...4-5 years is a normal lag for ROW and non retrogressed nations...
You can go to USCIS website they have
information of Freedom of information act..specified..you can get ur dose of reality check if you want...
instead of that you can be more proactive and support IV campaings!
Is IV interested in doing a Freedom Of Information Act request to USCIS how and when they used up all visa numbers for EB3-India. That might show some information if they cooked the numbers if at all. We might get some more insight which monthly VISA bulletin does NOT give.
more...
lvinaykumar
07-14 05:36 PM
Signed and Emailed
ajmalnasar
06-15 06:14 AM
To raaj2007, just getting an EAD does not nullify your H1, but if you use EAD you loose H1. Go and check with your attorney. If you use EAD you cannot enter US using H1 or H4, you have to use Advance parole.
Adding to the replies to other post
(i) I heard after filing 485 I could change employers? Yes or no? If yes, then which state would I be in? (EAD, AP or none)?
Answer - You can change employer after 180 days of pending 485 using AC 21 and you would be in EAD and use AP to enter US
(ii) After filing 485, do I HAVE to get my wife into US before the dates retrogress again?? Whoa never heard that...are you sure?
Answer -Yes, if you dont, you would not be able to file for her if the dates retrogresses again, also to file 485 for your wife , she should be in US at the time of filing 485.
(iii) Is there no step after 485 filing that I can keep postponing to not let 485 approve (like delaying 485 fingerprinting multiple times) so that I can let 485 approve only after I am married and can bring my wife in?
Answer - No, you cannot postpone it on your own will. But if your marriage date is before 485 approval (even one day) and tour wife could not make it to US, she can come to US using follow to join process. That process is also available if PD are current. In that scenario you ask USCIS to send US consulate in India to send a notice that the principal applicant's 485 has been approved and since the marriage was before 485 approval, she should be called for Interview at the US consulate in India and given the immigrant VISA, The Follow to join process is like Consular Processing.
Hope I answered your doubts.
Adding to the replies to other post
(i) I heard after filing 485 I could change employers? Yes or no? If yes, then which state would I be in? (EAD, AP or none)?
Answer - You can change employer after 180 days of pending 485 using AC 21 and you would be in EAD and use AP to enter US
(ii) After filing 485, do I HAVE to get my wife into US before the dates retrogress again?? Whoa never heard that...are you sure?
Answer -Yes, if you dont, you would not be able to file for her if the dates retrogresses again, also to file 485 for your wife , she should be in US at the time of filing 485.
(iii) Is there no step after 485 filing that I can keep postponing to not let 485 approve (like delaying 485 fingerprinting multiple times) so that I can let 485 approve only after I am married and can bring my wife in?
Answer - No, you cannot postpone it on your own will. But if your marriage date is before 485 approval (even one day) and tour wife could not make it to US, she can come to US using follow to join process. That process is also available if PD are current. In that scenario you ask USCIS to send US consulate in India to send a notice that the principal applicant's 485 has been approved and since the marriage was before 485 approval, she should be called for Interview at the US consulate in India and given the immigrant VISA, The Follow to join process is like Consular Processing.
Hope I answered your doubts.
more...
deepakd
07-14 09:32 PM
I plan to send this petition to all senior executives of Time Warner Inc by Priority Mail and Fax. CNN is a fully owned subsidiary of Time Warner Inc.
http://www.petitionspot.com/petitions/loudobbs
just signed
http://www.petitionspot.com/petitions/loudobbs
just signed
2010 2012 Mercedes-Benz C63 AMG
Canadian_Dream
11-12 10:16 PM
There MIGHT be H1B related activities during Lame Duck Session.
======
AMERICA: WHAT�S AT STAKE
TECHNOLOGY
Tom Abate
Sunday, November 12, 2006
What's at stake: Reauthorization of the expired research and development tax credit; restoration of "network neutrality" on the Internet; and proposals to boost what Republicans call "competitiveness" and Democrats have styled "innovation," including changes to the controversial H-1B visa program.
http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2006/11/12/MNGV9MB48V1.DTL
=========
Difficult path predicted for CIR even with Democrats as majority.
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2006/11/12/MNGV9MB47K1.DTL
======
AMERICA: WHAT�S AT STAKE
TECHNOLOGY
Tom Abate
Sunday, November 12, 2006
What's at stake: Reauthorization of the expired research and development tax credit; restoration of "network neutrality" on the Internet; and proposals to boost what Republicans call "competitiveness" and Democrats have styled "innovation," including changes to the controversial H-1B visa program.
http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2006/11/12/MNGV9MB48V1.DTL
=========
Difficult path predicted for CIR even with Democrats as majority.
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2006/11/12/MNGV9MB47K1.DTL
more...
bkarnik
09-17 02:35 PM
Another one. Please wait. Still 6020
King is losing it...he is referring to this bill as HR5882 instead of 6020...shows where he stands wrt immigration in general!!!!
King is losing it...he is referring to this bill as HR5882 instead of 6020...shows where he stands wrt immigration in general!!!!
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psaxena
03-03 07:13 PM
^^Bump^^
more...
WaitingUnlimited
05-12 04:57 PM
First of all...Welcome to Immigration Voice.
Nitin, how do you think that people who are here in this forum does not know about the other options available? Where in this world you get as many opportunities as you get in USA? Where can you get the flexible life like here?
How many IT jobs are there in Canada (assuming most of the members in IV are into IT)? Canada Alberta program increased processing times to 8 months now and it excludes federal processing times. Federal application method takes more than one and half years.
So its good that you have chosen an alternative and worked out well, but your alternative many not be an alternative or not even option to all!!!
Nitin, how do you think that people who are here in this forum does not know about the other options available? Where in this world you get as many opportunities as you get in USA? Where can you get the flexible life like here?
How many IT jobs are there in Canada (assuming most of the members in IV are into IT)? Canada Alberta program increased processing times to 8 months now and it excludes federal processing times. Federal application method takes more than one and half years.
So its good that you have chosen an alternative and worked out well, but your alternative many not be an alternative or not even option to all!!!
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paskal
05-24 09:59 PM
this is the code that has been amended
(9)
(A) The Attorney General shall impose a fee on an employer (excluding any employer that is a primary or secondary education institution, an institution of higher education, as defined in section 1001 (a) of title 20, a nonprofit entity related to or affiliated with any such institution, a nonprofit entity which engages in established curriculum-related clinical training of students registered at any such institution, a nonprofit research organization, or a governmental research organization) filing before [1] a petition under paragraph (1)—
(i) initially to grant an alien nonimmigrant status described in section 1101 (a)(15)(H)(i)(b) of this title;
(ii) to extend the stay of an alien having such status (unless the employer previously has obtained an extension for such alien); or
(iii) to obtain authorization for an alien having such status to change employers.
(B) The amount of the fee shall be $1,500 for each such petition except that the fee shall be half the amount for each such petition by any employer with not more than 25 full-time equivalent employees who are employed in the United States (determined by including any affiliate or subsidiary of such employer).
(C) Fees collected under this paragraph shall be deposited in the Treasury in accordance with section 1356 (s) of this title.
this is the addition:
in each case that fees is applied per para 9 and 11 (see 9 above) a supplemental fee of $ (8500 in original) 5000 will be applied
effect: new H1b, renewal - but based on the above only the first renewal for any given employer, if you change employers the clock starts again. total fees $1500 + 5000 = $6500
and that is a helluva lot of moolah!
(9)
(A) The Attorney General shall impose a fee on an employer (excluding any employer that is a primary or secondary education institution, an institution of higher education, as defined in section 1001 (a) of title 20, a nonprofit entity related to or affiliated with any such institution, a nonprofit entity which engages in established curriculum-related clinical training of students registered at any such institution, a nonprofit research organization, or a governmental research organization) filing before [1] a petition under paragraph (1)—
(i) initially to grant an alien nonimmigrant status described in section 1101 (a)(15)(H)(i)(b) of this title;
(ii) to extend the stay of an alien having such status (unless the employer previously has obtained an extension for such alien); or
(iii) to obtain authorization for an alien having such status to change employers.
(B) The amount of the fee shall be $1,500 for each such petition except that the fee shall be half the amount for each such petition by any employer with not more than 25 full-time equivalent employees who are employed in the United States (determined by including any affiliate or subsidiary of such employer).
(C) Fees collected under this paragraph shall be deposited in the Treasury in accordance with section 1356 (s) of this title.
this is the addition:
in each case that fees is applied per para 9 and 11 (see 9 above) a supplemental fee of $ (8500 in original) 5000 will be applied
effect: new H1b, renewal - but based on the above only the first renewal for any given employer, if you change employers the clock starts again. total fees $1500 + 5000 = $6500
and that is a helluva lot of moolah!
more...
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Bokke
06-07 08:53 AM
so, is skinning the click wheel ok? because i don't think ipod skins have that....
euhm yeah.. i've did it, but dont know if its legal..
B3NKobe ?
euhm yeah.. i've did it, but dont know if its legal..
B3NKobe ?
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little_willy
08-12 07:13 PM
Based on this poll, anybody with PD of Jun2002 onwards should consider Porting to EB2.
Any thoughts?
It won't help, if everyone starts porting, EB-2 queue will face a similar situation. Porting doesn't happen soon either. With delays in I-140 processing, it may be close to 2 years before you could file for a fresh I-485 with a request to port the EB-3 priority date. Note, this is a grey area and doesn't guarantee you the old PD. If the company is willing to foot the bill, go for it or else IMO it is not worth spending your own money.
Legislative or Administrative fix is our best option. We should focus on the recapture bill and other initiatives by IV, contribute and participate in the action items. We, as a community should raise enough money for lobbying etc.,
Any thoughts?
It won't help, if everyone starts porting, EB-2 queue will face a similar situation. Porting doesn't happen soon either. With delays in I-140 processing, it may be close to 2 years before you could file for a fresh I-485 with a request to port the EB-3 priority date. Note, this is a grey area and doesn't guarantee you the old PD. If the company is willing to foot the bill, go for it or else IMO it is not worth spending your own money.
Legislative or Administrative fix is our best option. We should focus on the recapture bill and other initiatives by IV, contribute and participate in the action items. We, as a community should raise enough money for lobbying etc.,
more...
pictures Tags: 2012 Mercedes-Benz C63
lj_rr
07-10 10:10 PM
They need to enter data into their system before they reject.
Next time when you apply you have to check the box telling that you applied before which they will validate based on the data in their system.
Next time when you apply you have to check the box telling that you applied before which they will validate based on the data in their system.
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rpat1968
07-15 10:53 AM
Signed
more...
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DesiGuy
09-17 01:56 PM
Mr Smith proposes and Mrs Lofgren opposes ....yet again
let's move on:(
let's move on:(
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rockstart
08-24 10:51 AM
Thank you for the reply. When you say that if I go with Company A that there will be more scrutiny, do you mean they will check the vailidity of the offer and their ability to pay? I work for a Govt. Agency(Company C), they will give me an EVL but I am not sure if they will specify "in accordance with I140". I am actually doing the same job, same place, before as a contractor(Company A) and now as an Employee(Company C).
This is what you could do. Take the updated EVL letter from your HR/ Supervisor. Attach latest paystubs as additional proof. Now for duties if the EVL does not contain this info then attach a copy of job posting advertisement that was issued when you were hired. Every govt job needs to be advertised. It can be in papers or their own website. Then get the lawyer to draft the AC21 letter and to point out the similarities between this job and your labor.
This is what you could do. Take the updated EVL letter from your HR/ Supervisor. Attach latest paystubs as additional proof. Now for duties if the EVL does not contain this info then attach a copy of job posting advertisement that was issued when you were hired. Every govt job needs to be advertised. It can be in papers or their own website. Then get the lawyer to draft the AC21 letter and to point out the similarities between this job and your labor.
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gjoe
12-03 09:53 AM
The ideas to make this forum a paid one is going to be a big disaster. Please excuse me for being blunt about it. Everyone who is suggesting paid membership should remember that most of them are here for information, they will go elsewhere if they have to pay for reading and writiing posts on this forum. Remember the crowd here are internet users who use it for obtaining legal second opinion and also for cheap bargain shopping. They would always find another place to gather and discuss their thoughts and opinions.
I would say Ads are a better way to generate revenue, but I don't know the income reporting requirments. There can't be any secrets about financials if you are taking donations. The audited information can be obtained by any interested party if they are a paid member.
Please don't mistake me for a anti. I am a person who would be interested in seeing the goals of this organisation succed. That is the reason I am pointing out what could go wrong with the paid membership plan.
Good luck to me and all those who are waiting for their GC.
PS: Paid reputation service is welcome as far as the revenue generated is shared by IV and the person who gets a reputation. This would motivate the people to focus and also reap the rewards in cash. Postive reputation would be $1 and negative reputation would be $5. The sharing would be 70% for IV and 30% for the member who received the reputation. The higher fees for negative reputation would help the members from staying out of dissing other members and making this place were people fight with each other.
I would say Ads are a better way to generate revenue, but I don't know the income reporting requirments. There can't be any secrets about financials if you are taking donations. The audited information can be obtained by any interested party if they are a paid member.
Please don't mistake me for a anti. I am a person who would be interested in seeing the goals of this organisation succed. That is the reason I am pointing out what could go wrong with the paid membership plan.
Good luck to me and all those who are waiting for their GC.
PS: Paid reputation service is welcome as far as the revenue generated is shared by IV and the person who gets a reputation. This would motivate the people to focus and also reap the rewards in cash. Postive reputation would be $1 and negative reputation would be $5. The sharing would be 70% for IV and 30% for the member who received the reputation. The higher fees for negative reputation would help the members from staying out of dissing other members and making this place were people fight with each other.
GC_1000Watt
01-10 01:07 AM
Dont take this the wrong way. From what I have seen in my very brief history of following these forums, this is one of the few immigration forums out there that is not driven by ulterior motives - lawyers' interests etc. Please, please, as a favor, do not drag this effort down. I understand many of us are frustrated, but let not the frustration drag us down deeper into the hole. For people who don't agree with the policies here, put forth some constructive suggestions and see how that works. If it doesn't work, well you have realized how tough it is to get a group of people follow your conviction :) And then you might develop an appreciation for the work being done here.
And if your approach works, hey..excellent for all of us. But please don't put forth only negative criticism.
All the best to all of us.
Thanks.
I can see you history buddy. Just a second post since you joined in july 2007?
So let's not give you the authority of who is doing good and what needs to be done. Let us know if you have any good suggestions. Thanks.
And if your approach works, hey..excellent for all of us. But please don't put forth only negative criticism.
All the best to all of us.
Thanks.
I can see you history buddy. Just a second post since you joined in july 2007?
So let's not give you the authority of who is doing good and what needs to be done. Let us know if you have any good suggestions. Thanks.
pdakwala
04-10 11:25 AM
We have long way to go. People please contribute. If you are thinking that senate is on two week recess so nothing is going to happen then you are wrong.
Senate republicans will be working hard to come up with something that addressess the immigration problem. Senate republicans know that border security and immigration is an important issue and they just can not ignore it. So please contribute.
When you get GC your whole family will get benifit. Family of 4 contributing $100 to immigration voice means that per person you have contributed only $25.00. PLEASE BE GENERIOUS AND CONTRIBUTE ON BEHALF OF YOUR FAMILY TOO.
If you are single, please tell your friends to contribute too. Please remember that your success depends on how much you contribute. Don't wait for last minute.
Senate republicans will be working hard to come up with something that addressess the immigration problem. Senate republicans know that border security and immigration is an important issue and they just can not ignore it. So please contribute.
When you get GC your whole family will get benifit. Family of 4 contributing $100 to immigration voice means that per person you have contributed only $25.00. PLEASE BE GENERIOUS AND CONTRIBUTE ON BEHALF OF YOUR FAMILY TOO.
If you are single, please tell your friends to contribute too. Please remember that your success depends on how much you contribute. Don't wait for last minute.
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