Tuesday, June 7, 2011

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  • satishku_2000
    08-04 11:52 PM
    Unless you want to get ready for boilerplate RFEs on the 140 dont go for premium processing. They just issue RFEs to make sure that case is "processed".




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  • alex77
    10-11 01:39 PM
    If you have not used EAD then your H1B is still valid and so spouse's H4 should be valid too. If you have used EAD then your H1B is not valid and in that case, your stay becomes illegal too.

    If spouse uses EAD for employment, what I heard is that the H4 status is no more valid.

    In this case for any reason, if the 485 is cancelled, spouse will be out of status.

    Primary can transfer h1b (if possible) & still be legal, but spouse is illegal to stay any more. There is no legal provision that once on EAD, spouse can switch back to H4. Is this true? I am worried and don't know whats really true.

    Gurus Please guide.:confused:




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  • manderson
    10-30 09:58 AM
    stylepoet, I am no lawyer but I still think you can totally resolve this thing with a very good immigration lawyer instead of lobbying for a law change. If you wait around for legislative changes you may wind up waiting forever. Look at us. A multi-million dollar lobby like Compete America (which represent Fortune 500s like Microsoft, Google, Oracle, etc.) have been working towards some of the same goals we have been trying to achieve for the last 4-5 years, and either of us can hardly get anything done in Congress.

    Compared to the legal limbo we are in, your case really isn't that difficult. I am not trying to condescend you or anything but you my friend need to get a better lawyer if your current one is telling you that your case it stuck. It isn't! There are a lot of things you can do to manage your transition from E2 to EB5.

    One of the things you can do is convert your college-going daughter's status to F-1 (by getting a I-20) perhaps temporarily while you sell your business and apply for EB5. I know someone who was already in the US in May/June but his H1 didn't start till Oct and he didn't want to leave and re-enter becoz of embassy hassles back in his home country, so he applied for a Master's from a university and got an I-20 pretty quickly which helped him bridge the gap between June and Oct (he had to study full-time ofcourse to maintain status during that bridge-time). Another way to avoid missing school, is to do this over next summer when both of your daughters will be off for summer break...

    Once your kids turn 21 they will age out anyway. Meaning they will have to pursue their own green cards. So if you want them to get their green cards as your dependants you really need to move now. Take it from us. You really don't want to wait around for law changes!!

    :)


    Thanks for your input, Manderson. My family has been here for four years. We have two sons in England, one of whom is going through the E2 application process, and two daughters, one at University and one in high school. We would all like to stay permanently, but in order to raise the money for EB5, we would have to sell our business and that would put us in breach of our visa conditions.

    The half-centrury old E2 laws need to be updated to reflect the valuable economic input of investors. It is unrealistic to expect people to come here, settle their families and run successful businesses for a few years and then go home. Most decide they would like to stay but have no path to GC.

    We can't just leave the country and start again because of our daughters' education. Feels like catch 22, but I believe reform is the way forward.




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  • pragir
    07-16 04:35 PM
    Has anyone and their spouse both filed for 485s while listing each other as beneficiary as well?

    Is this possible?



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  • omved
    08-15 01:54 PM
    Bump.....




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  • go_guy123
    02-23 10:57 AM
    Hi

    We are in AOS pending status.iam on EAD.

    After seeing the economy Iam planning to send my wife to india. She is pregnant ( 2 months).
    Now I have job and in future if I get into any trouble with project Etc.. I need to pay the medical insurance and will have lot of financial issues.

    How difficult is to bring new infant to US from India while our AOS is pending and apply 485.
    ( Visito visa Etc..)

    Any suggestions.

    Thanks

    I see a rare case. I have seen people ensuring that delevery is in US for the citizenship of child.



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  • yagw
    03-16 12:39 PM
    Mine is TSC. Is TSC sending RFEs too? BTW, I Updated my profile.

    One thing that is certain is, the uncertainty of the USCIS :) So, no definite answer to if/when you will get RFE.




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  • small2006
    07-17 10:51 AM
    Folks,
    Last month I called TSC and got a really nice IO. I was checking on my FBI name check status and he told me that he can get more details by A# instead of receipt NO. He in fact found my A# as i only had receipt number handy. He than told me that the FBI checks are cleared and my case is assigned to an IO.
    Does case assigned to an IO means that when Visa nos are available i have chance to get GC? Does it mean it is adjudicated and waiting for visa NO?

    EB2-I
    PD: Jul 2004
    I-140 approved
    I-485: RD 02 Aug, 2007


    I did not know that you could call TSC directly. I am one of those still waiting for my FP notice. I have called USCIS 866 number several times and opened SRs but to no avail. Do you think calling TSC directly would bear any fruit and if so could you please send me the number and any additional relevant info based on your experience?

    Thanks.



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  • Steven-T
    February 23rd, 2004, 07:48 AM
    That's why I only buy from B&H when there is no otehr choice.
    Not this case, not yet.




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  • imm_pro
    08-18 01:53 PM
    The change of status from H4 to H1 is usually effective from OCT 1..so the H4 visa is no longer valid..



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  • beautifulMind
    01-06 03:06 PM
    Congrats. My EB3 is pending in NSC for more than 600 days now!




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  • letstalklc
    09-04 04:14 PM
    I have applied for extension in June this year and got approved (July itself) for 3 years without any RFE based on I-140 approval.....



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  • FredG
    March 3rd, 2004, 08:18 PM
    It's photoshop magic. Just create a 22.5 degree slice, dup it to 2 and position, dup that to 4 and position, dup that to 8 and position, crop to a circle and voila, kaleidoscope. It really was derived from Fretnomore's posted shot.
    Fred




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  • Jubba
    10-16 10:54 AM
    Kit that was beautiful. Tife rocks.



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  • Munna Bhai
    01-08 01:56 PM
    Hello,

    My brother-in-law and sister are both Indian Doctors, having a private practice in INDIA. They would like to apply for visitor's visa.

    Any suggestion about the problems they may encounter? Do they have to go on two differrent dates for getting the visa stampped at Chennai?

    Thanks in Advance,




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  • chanduv23
    09-25 12:17 PM
    Thanks for the information logiclife. Being a low level mod myself, was a bit concerned, but now we have this information.



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  • kennyc
    May 25th, 2005, 02:13 AM
    It's hard to explain, but the first two don't really do anything for me. The third one is certainly a step in the right direction (totally fugly JPEG artifacts ignored), and I think that with a bit of post processing you could really take it in some interesting directions. My eye only notices the deer after a little while; if you wanted to focus more on the deer, you could use a masked adjustment layer to subtly (the key word is subtly - very subtly) darken everything but the animal, and another adjustment layer to add a tiny bit of contrast only to the deer. Of course, QJ will come up with many other and more creative things to try, but that's off the top of my head a few ideas to start with. :)

    These are of course "reduced" causing the artifacts and the deer photo was cropped considerably. (I've got to get me that telephoto lens I'm lusting for.)

    Thanks for your comments.
    KAC




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  • ivar
    04-09 05:29 PM
    Dear IV Friends,

    After reading the title you people must be thinking that i got my GC or 485 approved but the fact is I Finally got my PERM filed this month. The purpose of this thread is to inform anyone who is waiting for PERM withdrawal that it took THREE months to withdrawal my OLD perm application. I hope no one is in this situation.

    Whenever i use to post something on IV, folks use to have a generic answer "update your profile" but i couldn't as i was waiting to file my PERM. This for those people who always wanted me to update my profile. Checkout my Priority date is April 09 :D in my profile

    I am in my 5th year of H1b hope this time i get my PERM approved. In my earlier Green card process i have already been through this queue two times and now i have to start allover again.


    Thanks.




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  • senk1s
    09-30 12:23 PM
    I'll try and answer your questions

    1. AC21 by definition comes into play when 485 is not adjudicated for 180 days
    2. because this company has promised a job after getting the GC
    3. What is the 1 1/2 yrs you are refering to?
    4. I dont think you require LC to invoke AC21




    amitjoey
    06-25 12:37 PM
    Hello all,

    I am not able to get my passport renewed. Indian consulate in Houston said that it will take atleast 4 weeks to get a passport.

    Pl help. Can I go ahead and apply for my 485?

    Also, would you know anything about copies of affidavits?

    Pl reply. I am in serious bind.

    Thanks.

    You need copies of your passport for 485. Send the copies and then send the passport for renewal. If RFE comes, you will have the new passport by then.
    Check with your lawyer, I am sure it is not a big deal. Please consult your lawyer.




    finimits
    05-02 03:10 PM
    Hi Saji007,

    Just to clarify your answer for my first question, do you say moving the the new company before applying for H1B extension is alright (safe)?
    I am asking because my 6 years ends on December 1st this year, so if I move in June this year and immediately apply for extension, I should be alright correct?

    Also, how will I apply for the extension? Do I just need to send the copy of the I-140 approval notice? What about the fact that my current employer has actually submitted the petition and my job-description etc? I guess if someone could explain this a bit more, I would really appreciate.
    Thanks



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