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Thursday, June 9, 2011

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  • shana04
    07-31 12:40 PM
    Gurus,

    I know most of you might be busy looking for the bill.

    Please post your exp with infopass in Dallas TX





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  • return_to_india
    09-16 02:06 PM
    Hi Guys!

    By law how many days one is required to stay with sponsor after GC approval in EB2? What documents we will need to prove to USCIS at Citizenship interview to prove that we stayed with sponsor for "required" time.

    Thanks,

    Raj

    Employment based GC is for permanent employment with the sponsoring employer. I don't know if law gives a lesser period of time of association. But in practice, i have seen many people quoting '6 months' of minimum stay. Some attorneys quote 2 years stay.





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  • maverick_joe
    11-16 01:03 PM
    same situation here, never received the EAD and the IO asks us to re apply with the new filing fee of 340$ even for the replacment EAD.





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  • MYGCBY2010
    10-02 05:25 PM
    Filed in Nebraska...Went to CSC... Got my Receipt Number Sept last week...



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  • mariner5555
    01-08 01:55 PM
    well but one day or the other you have to change it. it is easy to change on SSN ..is it easy to change on EAD and 485 ?





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  • jsb
    09-07 09:26 AM
    Hi:
    ...
    Can someone help me on the procedure how to withdraw my second application and also not lose money from the checks on the second application. ...
    Gopi

    Are you more worried about losing money, or any other negative repercussions? Money? it is not significant in the overall picture.

    Did you say in your second application that you were doing so because your checks on original application may be bad?

    In any case, USCIS system should not allow to accept an application the second time.



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  • rajsenthil
    04-21 10:09 AM
    Contributed $25.





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  • Waitingnvain
    09-07 09:07 AM
    Irrelevant



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  • jliechty
    July 13th, 2006, 10:10 PM
    The previous post reminds me of an idea for an "interpretive dance" from Whose Line... "Diarrhea, flows like a river." And may I ask... how much did you pay the webmaster to post that advertising? (pardon me and ignore this if the previous post is deleted).

    Anyway, I really like the second shot... It seems to have better contrast, which makes the flower stand out well. Good work, Gary; no need to apologize.





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  • Ramba
    03-28 10:49 AM
    Ramba,

    We're definitely working on this issue and I am sorry that I am not able to go into further details.

    202(a)(3) clubs the excess quota for EB and FB together and hence excess EB numbers flow over to FB and vice Versa, which is different from 202(a)(5) which asks for applying the excess quota within a EB cateogry itself.


    Thanks admin. I understand diffence between a3 and a5 in 202 section. The flow of EB visas to FB (or FB to EB) make the total numarical limit invalid in EB and FB catagries (480K in FB and 140K in EB). If the flow happens accorss the catagory, the law is broken, then there is no meaning of numarical limit in FB or EB visas. Though A3 and A5 has theoriticallyy same meaning(to remove per couthry quota, if excess visas available) DOS have to keep FB and EB seperate track to control the visa numbers in each catagory seperatly. Before 1999, (ie before A5 was introduced thro AC21) all the FB catagories have been backlogged. But EB was current in most catagories. We do not know how DOS handled the situation. we need to understand that in US immigration history, was there any flow of EB numbers to FB numbers when there was a huge demand for EB numbers. It is better to counsult with AILA to understand the historical reasons and how A3 was handled by DOS in previous years ie before 1999.

    Why I am writing this is, we may be still safe by the section A3, though section A5 was deleted in both the bills. Unfortunally no attonnies has reported/found this untill IV discussed it.



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  • Fitz
    07-17 10:50 AM
    I'm in the same position as yourself - TN currently, H1 approved for Oct 1. Even if my visa # becomes current, I am waiting until Oct 1 to file 485, so that I'll be on H1 at that point and I don't have to risk being out of status for even 1 second (in the eyes of USCIS) btwn TN & HI taking effect. I am planning a trip home early August, so I only have to wait an additional 1.5 months for that peace of mind-open visa # window, pending...
    Just my $.02 worth, but if I were in your shoes, I'd be concerned that USCIS will consider your 485 abandoned when you leave the US while on your TN. Even though you wouldn't have worked btwn status change, I think they consider your "TN status" on-and-off, as come and go from the US - so that once you leave the US, you wouldn't have any "status" left to adjust... H1's (as dual intent) have a provision that allow you to come and go from the US without having abandoned a 485 application... The many people in the past who have successfully completed 485's while on TN's, were able to renew their TN and submit 485 immediately, stay in the US until their EAD/AP arrived and then leave at will, re-entering on 485-pending status via their approved EAD.
    Again, just my weekend warrior opinion! Best wishes with it, at any rate!
    Fitz





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  • belmontboy
    01-12 06:05 PM
    Its official - "FloridaSun is a moron"!



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  • hebbar77
    11-18 06:26 PM
    its down, so .. so what? how does it matter?





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  • WillIBLucky
    11-17 09:56 AM
    I dont think we should be talking about it over here. It surely looks like more of Indian site and not a Immigration Only related conversation. We should focus on what our problems are right now. Nuclear deal is not going to help or reduse our wait for Green Card.

    This forum topic says "Green Card Retrogression" so lets talk about it only. If we have to talk of the rest of the stuff that is happening with India then it should be identified in appropriate forum and not here.



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  • fromnaija
    07-23 12:45 AM
    CSPA is the law that tries to protect dependant children from aging out. If you are over 21 at the time priority date becomes current, USCIS will deduct from your age the time I-140 was pending. Howver, if your age is more than 21 even after all the calculations, then your application will be converted to family-based. This will mean you will not be getting your green card very soon. I believe that in your case you should be eligible for an immigrant visa given the data you provided.

    yes we already have an attorney in US

    i want to ask what if the age is 21 or greater than 21 b4 priority dates became current?

    what is the solution then?

    does CSPA automatically protects and applies and help the children who aged out or they should have filled some forms for seeking the help?

    does they also give some grace of some days like 45 days or more if the age is more than 21 at that time?





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  • myvoice23
    06-26 10:04 AM
    Did you report that you used AC-21 to USCIS? If so, then it might be triggered a LUD in your 485. Nothing to worrry.



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  • snathan
    12-09 10:52 AM
    Hi
    Is visa recapture part of the this proposed dream act..? If not then it will be of no use to any of the legal workers (most of us on this forum) in the EB row.
    Thanks,

    Thanks for letting us know...





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  • gcdreamer05
    11-19 12:57 PM
    along with my above post, we applied for H1B/H4 renewal yesterday even though she is working on her EAD now.

    H1 renewal i can understand but you need not apply for h4 renewal if your wife is working on EAD. Because if she wants to come back on h4, she always can and does not need h4 to be renewed now.

    did you check with your attorney, if she absolutely has to do h4 renewal.





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  • gc_kaavaali
    05-07 12:30 PM
    If one is on H1B...applied 485...almost done with 6 years...but got h1b approval for 3 years because of approved I-140...now 485 got denied...should i go back because i completed my six years? or can i stay as long as my H1 is valid (beyond 6 years)?





    gc_on_demand
    02-04 04:05 AM
    All State is saying is that they are giving EB2-India a total of 2987 visas. They didn't care about spill over and slow consumption by ROW. They are still acting stupid but this time they are trying to show reasoning for their stupidity. If this report had a consumption of visas till date for FY10 like in a dash board, then they would have seen their own stupidity clearly.

    States accumulate spill over from Q1 to Q3 but doesnot apply. Those extra visas will not be given to any one .. Once gone from quarter then it cannot be given to any one. In last quarter it will go to Eb2 India.





    chi_shark
    05-07 11:21 PM
    Hi Friends,

    Recently, my brother's wife got GC-rejection. Though, my brother has already received his GC. The reason is : her status was invalid for a month in US. She got different I-94 expiration date than him during her first visit in 1999, though they landed here together. But, her I-94 expired earlier than my brother and he extended her Visa based on his I-94 expiration date. My brother did not realize it until now.

    What are her option now? The attorney is applying for re-consideration based on husband & kids status (US born), but, they said chances of the acceptance are very slim. They are well settled here. Now, they need to go back to India just because of her GC-rejection. And of course she can not come back here again unless she applies for H1-B. This is very devastating for them after living here for more than 10 yrs.

    Has anyone faced similar situation earlier. I guess it is a very common mistake and there must be some solution. Please share your thoughts/experience.

    Thanks,
    hi_mkg

    i am thinking that this is a liar's post... i am very surprised that USCIS went to extent of finding H4 inconsistencies and denying a dependent GC... that would take the cake... it makes it sound like USCIS is out to catch people with the smallest slightest mistakes... i do not think that is the case...



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