pune_guy
11-13 07:50 PM
The status of our AP applications is also "Document mailed". I hope it means approval is mailed and not some RFE.
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amsgc
04-04 02:10 PM
Signin,
You need to give more information about what whether your wife was able to file I-485 for your wife. If you are from a retrogressed country, then your wife was probably not able to file to adjust status. In that case, she is can change from H4 to F1. After the approval, her status is not dependent on yours, and you can start using EAD.
I filed my 485 in August and got married later and my wife is on H4 right now. I'm on H1 as of now. I'm not using my EAD right now, so that my wife can maintain her H4 status. I'm planning her F1 processing from H4, so that once she is on F1 officially, I want to use EAD to change employers.
Is there any risk involved here and if so, please let me know
Thanks in Advance
You need to give more information about what whether your wife was able to file I-485 for your wife. If you are from a retrogressed country, then your wife was probably not able to file to adjust status. In that case, she is can change from H4 to F1. After the approval, her status is not dependent on yours, and you can start using EAD.
I filed my 485 in August and got married later and my wife is on H4 right now. I'm on H1 as of now. I'm not using my EAD right now, so that my wife can maintain her H4 status. I'm planning her F1 processing from H4, so that once she is on F1 officially, I want to use EAD to change employers.
Is there any risk involved here and if so, please let me know
Thanks in Advance
gc_chahiye
07-20 03:54 PM
If I have applied for 485 can I still do that ?
I think you are only supposed to get 1 year extensions if your LC/I-140 was filed atleast 365 days ago, but I have seen atleast two people get 3 year extensions even though they had filed I-485, just because their PD was not current.
Its USCIS discretion or interpretation of their rules. Ask your attorneys to request 3 years when they file.
I am going the other way (just got a 3 year extension approved 2 days before that announcement that dates are current again) and will be filing 485 now.
I think you are only supposed to get 1 year extensions if your LC/I-140 was filed atleast 365 days ago, but I have seen atleast two people get 3 year extensions even though they had filed I-485, just because their PD was not current.
Its USCIS discretion or interpretation of their rules. Ask your attorneys to request 3 years when they file.
I am going the other way (just got a 3 year extension approved 2 days before that announcement that dates are current again) and will be filing 485 now.
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gc_chahiye
10-03 03:10 AM
so when is a visa no. allocated?
say, i filed in july when visa bulletin was current and now its retrogressed to 2004. my PD is 2006. so can it happen that if all runs smooth and application is complted, i can get my GC, even tough visa bulletin may not have yet cut past my PD? so in a nut shell, visa no. is given when 485 is recipted or when its approved?
visa number is assigned at or right about just before the approval. So if the VB is 2 years away from your PD, you are not going to see an approval. After your PD is current, you might be assigned a visa number if your application was otherwise pre-adjudicated. You will see approval either that month or shortly thereafter. Again, IF your application was assigned a visa number. not all people who become current are assigned visa numbers...
say, i filed in july when visa bulletin was current and now its retrogressed to 2004. my PD is 2006. so can it happen that if all runs smooth and application is complted, i can get my GC, even tough visa bulletin may not have yet cut past my PD? so in a nut shell, visa no. is given when 485 is recipted or when its approved?
visa number is assigned at or right about just before the approval. So if the VB is 2 years away from your PD, you are not going to see an approval. After your PD is current, you might be assigned a visa number if your application was otherwise pre-adjudicated. You will see approval either that month or shortly thereafter. Again, IF your application was assigned a visa number. not all people who become current are assigned visa numbers...
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uslegals
09-17 01:51 PM
Spoly - Stop crying like a baby & show up for rally and then see how ur life changes..! If u think IV does not care about immigration reform - you got another comin'..!! Wake up & smell the coffee pal.! We all are IV..!! So who is the YOU that u are referring to in ur post.!
haifromsk@yahoo.com
02-08 11:56 PM
GUYS please stop advicing her. Let her consult an attorney. Please do not lead
her in any direction. She need to contact an immigration and possibly civil and criminal attorney. An immigration attorney might lead her in the right direction. Super moderator already suggested that so please listen to what he said. Estrela please don't waste your time looking for answers in this thread. Answers given by common people can be incorrect and misleading. Immigration attorney is the way to go.
Good luck and god bless you
her in any direction. She need to contact an immigration and possibly civil and criminal attorney. An immigration attorney might lead her in the right direction. Super moderator already suggested that so please listen to what he said. Estrela please don't waste your time looking for answers in this thread. Answers given by common people can be incorrect and misleading. Immigration attorney is the way to go.
Good luck and god bless you
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freakin_gc
02-12 02:31 PM
yeah she is second generation Indo S.African (another 3rd world country). Will you please let how to change country of chargeability with out talking to any immigration attorney
citizenry does not matter...but country of Birth does..If she was Born in SA..then u can change ur chargability.
citizenry does not matter...but country of Birth does..If she was Born in SA..then u can change ur chargability.
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oliTwist
01-10 08:46 PM
I had gone through the layoff thing during 2001-2002 time. Maybe, I might be mistaken. But I feel that time it was even worse.
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gcwait2007
06-06 04:54 PM
Hi
I used to work to a client in Phx, got an interview request @ a financial firm in New york cleared it and vendor started processin' my H1 transfer. For the interview or for rellocation i wasn't paid anything. But before the start date bcoz of my credit report client rejected my offer.
But the vendor nuthin' in writing was the one who asked me to resign and bcoz of him was on bench for almost 2 1/2 months, now they say somewhere in the contract which says i have to repay all the expenses they spend on me which was close to $5000.
They sent an email sayin' i haven't provided the services to them from the start date indicated on the contract so have to repay them. Will i have to repay them jst bcoz i signed tht piece of the contract but i was rejected by the client, they said they won't try for new jobs i have to search myself as well they haven't paid me anything since they got my H1.
Do i stand any chance if i contact DOL or a lawyer not payin' them.
Any suggestions or help would be greatly appreciated.
mk58581:
First of all, you have provided incomplete details. It appears that you are at fault for having signed an contract, with out understanding the consequences.
Please mention clearly whether the contract is an employment offer? or a specific contract engagement (CON_W2) hour?. If so, what are the remuneration terms, termination terms, etc. I do not understand where is the Vendor relationship coming from? Every contract is give and take. It is definitely possible to find solution to such kind of problems. If the employer is cornering you for refund of expenses incurred, then you may have to find ways to corner him/ them if any of the contract terms were not fulfilled. One good reason can be asking for salary since commencement of employment with Employer. Whether you are in bench or not, the employer is expected to pay you. I hope you have been submitting your timesheets in a timely manner. Please keep those copies for handy incase you need to take up the matter with DOL. You need to talk some seasoned friends, who can help you to draft suitable reply to your employer. You don't need an attorney at this stage.
I wish you Good Luck.
PS: Your English is funny, I had to read your post few times to understand what you have written nuthin'; sayin'; jst bcoz tht piece
I used to work to a client in Phx, got an interview request @ a financial firm in New york cleared it and vendor started processin' my H1 transfer. For the interview or for rellocation i wasn't paid anything. But before the start date bcoz of my credit report client rejected my offer.
But the vendor nuthin' in writing was the one who asked me to resign and bcoz of him was on bench for almost 2 1/2 months, now they say somewhere in the contract which says i have to repay all the expenses they spend on me which was close to $5000.
They sent an email sayin' i haven't provided the services to them from the start date indicated on the contract so have to repay them. Will i have to repay them jst bcoz i signed tht piece of the contract but i was rejected by the client, they said they won't try for new jobs i have to search myself as well they haven't paid me anything since they got my H1.
Do i stand any chance if i contact DOL or a lawyer not payin' them.
Any suggestions or help would be greatly appreciated.
mk58581:
First of all, you have provided incomplete details. It appears that you are at fault for having signed an contract, with out understanding the consequences.
Please mention clearly whether the contract is an employment offer? or a specific contract engagement (CON_W2) hour?. If so, what are the remuneration terms, termination terms, etc. I do not understand where is the Vendor relationship coming from? Every contract is give and take. It is definitely possible to find solution to such kind of problems. If the employer is cornering you for refund of expenses incurred, then you may have to find ways to corner him/ them if any of the contract terms were not fulfilled. One good reason can be asking for salary since commencement of employment with Employer. Whether you are in bench or not, the employer is expected to pay you. I hope you have been submitting your timesheets in a timely manner. Please keep those copies for handy incase you need to take up the matter with DOL. You need to talk some seasoned friends, who can help you to draft suitable reply to your employer. You don't need an attorney at this stage.
I wish you Good Luck.
PS: Your English is funny, I had to read your post few times to understand what you have written nuthin'; sayin'; jst bcoz tht piece
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qualified_trash
08-27 09:48 PM
IV does not represent people like you. Now get the hell out of here.
You may not agree with what everyone says on these forums. It is not your business to ask them to get out.
You may not agree with what everyone says on these forums. It is not your business to ask them to get out.
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braindrain
04-19 07:25 PM
Hi Folks,
My fiancee is a MS student and currently has student loan in India being charged at 13.5%. I am wondering if there is any loan that i can get here with a lower interest rate to repay off the one in india.
I would appreciate any pointers or suggestions here.
If your fiancee is still in the school, you can probably apply for Alternate/Private Student Loan. These loans are offered by most of the banks based on the credit score and don't have crazy transaction fees and APRs as credit card and other balance transfer offers. The interest rate is variable and typically tied with the prime and repayment period is around 15-20 years. AGain it depends on what you choose. The good part is that the repayment does not start until your fiancee graduates and the interest you pay on the loan is tax deductible. No need to itemize while you file taxes.
Search for "Alternate/Private Student Loan" and that should give you enough information.
My fiancee is a MS student and currently has student loan in India being charged at 13.5%. I am wondering if there is any loan that i can get here with a lower interest rate to repay off the one in india.
I would appreciate any pointers or suggestions here.
If your fiancee is still in the school, you can probably apply for Alternate/Private Student Loan. These loans are offered by most of the banks based on the credit score and don't have crazy transaction fees and APRs as credit card and other balance transfer offers. The interest rate is variable and typically tied with the prime and repayment period is around 15-20 years. AGain it depends on what you choose. The good part is that the repayment does not start until your fiancee graduates and the interest you pay on the loan is tax deductible. No need to itemize while you file taxes.
Search for "Alternate/Private Student Loan" and that should give you enough information.
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chem2
07-21 01:23 PM
i posted the following on another thread back about a month ago. hopefully it will help you. haven't recd any soft or hard luds since the fingerprinting, though.
-----------
guys, until yesterday, i was in the same boat as all of you.
i-140/485/131/765 concurrently filed with tsc in Aug 2007. recd receipt notices, ead and ap without any problems in oct and nov 2007, but no fingerprint notices. called uscis couple of times (didn't open any sr's though), got standard response- application is under review, you'll be sent notices as part of the review process, don't ask when.
asked lawyer why no biometrics and he said that a lot of their clients have not recd theirs, but they were starting to see some come through (this was back in feb 2008). i also asked lawyer if it was advisable to contact local congressman/ senator for help and he advised against it, apparently if your file is with an io and your congressman/ senator sends a query, uscis has a limited amount of time to respond and the file is typically pulled from the io (don't know if i believe this, but that was the line i was fed).
finally got fed up and contacted local congressman's office; no help there either, got canned response from tsc- we recd x million applications last july and august and are trying to work through them.
then last month, i asked my senator's office to find out what was going on. this time i got a reponse back from tsc saying that they would send out notices shortly, if they hadn't done so. lo and behold, a week after receiving the tsc response from my senator's office, both my spouse and i recd fingerprint notices, which we completed yesterday.
-----------
guys, until yesterday, i was in the same boat as all of you.
i-140/485/131/765 concurrently filed with tsc in Aug 2007. recd receipt notices, ead and ap without any problems in oct and nov 2007, but no fingerprint notices. called uscis couple of times (didn't open any sr's though), got standard response- application is under review, you'll be sent notices as part of the review process, don't ask when.
asked lawyer why no biometrics and he said that a lot of their clients have not recd theirs, but they were starting to see some come through (this was back in feb 2008). i also asked lawyer if it was advisable to contact local congressman/ senator for help and he advised against it, apparently if your file is with an io and your congressman/ senator sends a query, uscis has a limited amount of time to respond and the file is typically pulled from the io (don't know if i believe this, but that was the line i was fed).
finally got fed up and contacted local congressman's office; no help there either, got canned response from tsc- we recd x million applications last july and august and are trying to work through them.
then last month, i asked my senator's office to find out what was going on. this time i got a reponse back from tsc saying that they would send out notices shortly, if they hadn't done so. lo and behold, a week after receiving the tsc response from my senator's office, both my spouse and i recd fingerprint notices, which we completed yesterday.
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waitnwatch
11-09 11:36 AM
Mr. Dobbs at it again....spinning it his way. This is so pathetic that it isn't even amusing.
Here's the link http://www.cnn.com/2006/US/11/08/Dobbs.Nov9/index.html
The relevant sections are below.....He's so desperate that he puts up his nativist colors on full display by equating English to a vote against illegal immigration. Really clutching at straws.
He fails to say that Jon Kyl is not the strident anti-immigrant that Graf and Hayworth are. Does he not get the message? Or is he just "staying the course."
-----------------------------------------------
Take for example the state of Arizona, where voters sorted through 19 ballot initiatives, eight House races, one Senate race and chose a governor. Arizona voters approved four separate measures that revealed their frustration with the endless influx of illegal aliens into that state, including one measure that makes English the official language of Arizona. And don't think that the vote was an expression of social conservatism: Arizona also became the first state in the country's history to reject a ban on same-sex marriage, the only state among eight to do so this November.
Arizonans re-elected Senator John Kyl, who co-sponsored tough legislation to establish border security and reject illegal immigration. At the same time, they refused to send anti-illegal immigration candidates Randy Graf and incumbent J.D. Hayworth to Washington.
-------------------------------------------
Here's the link http://www.cnn.com/2006/US/11/08/Dobbs.Nov9/index.html
The relevant sections are below.....He's so desperate that he puts up his nativist colors on full display by equating English to a vote against illegal immigration. Really clutching at straws.
He fails to say that Jon Kyl is not the strident anti-immigrant that Graf and Hayworth are. Does he not get the message? Or is he just "staying the course."
-----------------------------------------------
Take for example the state of Arizona, where voters sorted through 19 ballot initiatives, eight House races, one Senate race and chose a governor. Arizona voters approved four separate measures that revealed their frustration with the endless influx of illegal aliens into that state, including one measure that makes English the official language of Arizona. And don't think that the vote was an expression of social conservatism: Arizona also became the first state in the country's history to reject a ban on same-sex marriage, the only state among eight to do so this November.
Arizonans re-elected Senator John Kyl, who co-sponsored tough legislation to establish border security and reject illegal immigration. At the same time, they refused to send anti-illegal immigration candidates Randy Graf and incumbent J.D. Hayworth to Washington.
-------------------------------------------
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radhay
06-20 11:07 AM
I am in the same boat (completing a decade of career in US). Can they hire you as a consulting PM so you can still stay with your current employer?
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waitnwatch
07-15 04:27 PM
As far as I know you donot need to file another I485.
Hi Gurus,
1) Is it possible to have 2 different I-485 with 2 different employers at the same time?
I already have an EB3 I-485 pending through my current employer. I have EB2, I-140 approval with future employer,
2) Is it possible to file second EB2 I-485 through my future employer?
3) If file second 485, what will be affect on pending I-485?
Thanks
Hi Gurus,
1) Is it possible to have 2 different I-485 with 2 different employers at the same time?
I already have an EB3 I-485 pending through my current employer. I have EB2, I-140 approval with future employer,
2) Is it possible to file second EB2 I-485 through my future employer?
3) If file second 485, what will be affect on pending I-485?
Thanks
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desi3933
02-25 09:07 PM
......
what are the options for me?
can I apply for a H1b transfer?
please help
When was your H1-B amendment denied?
What is your current LCA salary vs. original LCA Salary?
what are the options for me?
can I apply for a H1b transfer?
please help
When was your H1-B amendment denied?
What is your current LCA salary vs. original LCA Salary?
more...
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eyeopeners05@yahoo.com
06-02 03:04 PM
If they know you changed employers to use EAD (your previous employer has to cancel your H-1b by law which also cancels the H-4), then they will know.
Check some of the RFEs that are coming in these days. They want to see documentation in support of lawful presence right from day one of the applicant's entry, even if it was 10 years ago.
You have a valid point but in worst case scenario, can i use the EAD and handle the RFE at the time of citizen ship... is the RFE during approval of GC or during citizen ship ?
Check some of the RFEs that are coming in these days. They want to see documentation in support of lawful presence right from day one of the applicant's entry, even if it was 10 years ago.
You have a valid point but in worst case scenario, can i use the EAD and handle the RFE at the time of citizen ship... is the RFE during approval of GC or during citizen ship ?
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justAnotherFile
07-11 10:16 PM
what makes sense?
it has been known for a month now that approx 60K visas would go to waste if USCIS does not spped up approvals.
it has been known for a month now that approx 60K visas would go to waste if USCIS does not spped up approvals.
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vagish
04-18 11:13 PM
--
Patience my lovelies. This may be the calm before the storm, who knows.
Per some news report, a debate has been scheduled on Senate floor to debate a comprehensive immigration reform bill during last two weeks of May'07
the other immigration bills are introduced by republicans, not with democratic support, so those bills are going no where. Only hope is STRIVE!!
thanks
Patience my lovelies. This may be the calm before the storm, who knows.
Per some news report, a debate has been scheduled on Senate floor to debate a comprehensive immigration reform bill during last two weeks of May'07
the other immigration bills are introduced by republicans, not with democratic support, so those bills are going no where. Only hope is STRIVE!!
thanks
BPforGC
08-11 05:44 PM
Dear Friends
One of the USCIS IO at NSC told me today that processing date of August 10 2007 for I-485 is nothing but a guess work. She said, in reality the processing date is far behind that. When I said I may have better luck predicting Power Ball numbers, she said that could be very much true than predicting what USCIS does.
Remember, in 2004 then USCIS director along with Bush unveiled a grandose plan in which they said by 2006, they will reduce I-140 petition processing times (for that matter any petition processing time) to 180 days. Four years later, things have became worse. Did anyone take responsibility? No. They give excuses.
For example, for my I-140 under EB2-NIW, NSC processing date shows February 27, 2007; and I filed in April 2007. But, I got approved. (no complaints). Technically, they shouldn't have picked up mine.
My friend applied in June 2007 and his I-140 got approved in December 2007 when their online processing date shows November 2006. So, they processed a petition that was filed 11 months ahead of their processing time. Great....
My colleague who shares office with me applied in October 2006 and still waiting to hear until today. Service requests did not do any good to him. Infopass is a pass. They all said he need to have patience... (lots of it).
Many many instances like this. Online processing dates or what the customer service tells you doesn't mean a shit.
The only thing that is good about online posting of processing dates is, we can file a service request which in many cases, after secondary request, tend to accelerate your case. You still need luck.
How many of you hear "your case is with in normal processing time"... I have been waiting for 18 months for my I-140... what the hell in the world normal about it? Only USCIS seem to understand it.
In the nutshell, its a funny and most idiotic agency and you cannot predict what it does. Do the same treatment to US Citizens, USCIS will be dragged into courts and torn apart in talk shows. Since we are non-citizens who are suffering, no body cares.
See, quasi-citizens i.e., people applying for Naturalization have better luck because their local congressman will be making calls and putting fire under USCIS ass because these are potential voters in November. So, they have some leverage. But people who are waiting for green card are no good now... wait for 5 years after you get it, you may have luck in getting their attention.
If you apply for 485, you get finger prints done. After a month, if you apply for EAD, you go again. What? Are your finger prints going to change every one month? What a waste of resources and time? USCIS do these kinds boneheaded things all the time.
Only thing that will get you green card faster is "Luck".
Good luck to all of us.
One of the USCIS IO at NSC told me today that processing date of August 10 2007 for I-485 is nothing but a guess work. She said, in reality the processing date is far behind that. When I said I may have better luck predicting Power Ball numbers, she said that could be very much true than predicting what USCIS does.
Remember, in 2004 then USCIS director along with Bush unveiled a grandose plan in which they said by 2006, they will reduce I-140 petition processing times (for that matter any petition processing time) to 180 days. Four years later, things have became worse. Did anyone take responsibility? No. They give excuses.
For example, for my I-140 under EB2-NIW, NSC processing date shows February 27, 2007; and I filed in April 2007. But, I got approved. (no complaints). Technically, they shouldn't have picked up mine.
My friend applied in June 2007 and his I-140 got approved in December 2007 when their online processing date shows November 2006. So, they processed a petition that was filed 11 months ahead of their processing time. Great....
My colleague who shares office with me applied in October 2006 and still waiting to hear until today. Service requests did not do any good to him. Infopass is a pass. They all said he need to have patience... (lots of it).
Many many instances like this. Online processing dates or what the customer service tells you doesn't mean a shit.
The only thing that is good about online posting of processing dates is, we can file a service request which in many cases, after secondary request, tend to accelerate your case. You still need luck.
How many of you hear "your case is with in normal processing time"... I have been waiting for 18 months for my I-140... what the hell in the world normal about it? Only USCIS seem to understand it.
In the nutshell, its a funny and most idiotic agency and you cannot predict what it does. Do the same treatment to US Citizens, USCIS will be dragged into courts and torn apart in talk shows. Since we are non-citizens who are suffering, no body cares.
See, quasi-citizens i.e., people applying for Naturalization have better luck because their local congressman will be making calls and putting fire under USCIS ass because these are potential voters in November. So, they have some leverage. But people who are waiting for green card are no good now... wait for 5 years after you get it, you may have luck in getting their attention.
If you apply for 485, you get finger prints done. After a month, if you apply for EAD, you go again. What? Are your finger prints going to change every one month? What a waste of resources and time? USCIS do these kinds boneheaded things all the time.
Only thing that will get you green card faster is "Luck".
Good luck to all of us.
Quest99
09-14 04:40 PM
It looks like a case of misunderstanding. Did you explain why you had the change of heart?. Explain your personal situation -like you are explaining here- with the pregnancy and commute time and doctors visits that are required every week?. I am not sure why a sane person wont understand the reasons why you decided not to join them. Further, if they do not understand, ask them if they have filed paperwork for H1?. If NO, then what is the claim of $3000 for?
I explained my situation (I told them everything I wrote here) to them, but they don't care to listen. I have asked for the sign of contract proof and after that so far no mails from them.
I explained my situation (I told them everything I wrote here) to them, but they don't care to listen. I have asked for the sign of contract proof and after that so far no mails from them.
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