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Monday, June 27, 2011

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  • sundarpn
    07-17 07:32 PM
    In the same boat...

    if the principal files 485 now and then gets married say 2-3 months later when the dates are NOT current, can a dependent 485 be filed for the spouse so that she can get EAD?

    I was told that even in the case of a dependent 485 filing, the dates have to be current for the application to be accepted :(


    On related lines, if the principal application gets EAD and after 6 months moves to a new job based on EAD, and then he gets married, can he bring his spouse on H4? I think the answer is NO.





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  • wandmaker
    02-24 12:22 AM
    Case reopened or reconsidered based on USCIS determination, and the case is now pendiDid anyone see this kind of status on their approved H1b application?

    Please share your views.

    The approved H1B case status will change to this status only when (1) the employer requests to withdraw/cancel the H1B petition or (2) USCIS reopened the case due to fraud or misrepresentation. In your case, your employer must have notifed USCIS.





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  • Shams
    10-24 03:06 PM
    BTW my case was received by NSC on 8/15, and so was my wife's. Her EAD card status still says "Case received and Pending".





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  • eb3_nepa
    03-22 04:35 PM
    Have the IV Core members or QGA come to any conclusion as to how to go about solving this problem?



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  • alterego
    03-20 07:32 PM
    Online updates are sometimes late. There are cases of people getting their green cards last year in the visa bulletin fiasco with no online updates. You should not rely on that. Your friend needs to get your attorney to act on this ASAP and sort it out. After all if you don't know why it was rejected you have no chance to rectify it.





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  • sledge_hammer
    05-21 04:55 PM
    Thanks kalinga_sena, StuckInTheMuck, and nashim!



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  • gauravsh
    03-28 03:49 PM
    Thanks !!





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  • snathan
    02-22 11:41 AM
    I am trying to port from EB3-EB2 from the same employer.

    Prior to joining the employer, I had MS+2 years of experience. However, the lawyer applied in EB3. The job description read:

    Required: BS+3
    MS+1 also accepted
    Experience in technologies A,B,C,D

    I applied based on my MS+1 experience. Now the same company has another position with a very similar job description with a different title.

    Required:MS+1
    Experience in technologies A,B,C,D

    Q1. Would this qualify for a EB2 position? Do I have to worry about the job descriptions being almost similar
    Q2. The titles are different. But the EB2 position doesn't have "Senior" in the position title. Is there a need to worry?

    Any replies are really appreciated.

    Title alone will not make you to qualify for EB2. You need to worry about porting with the same employer as it might invite audit (most likely) and there are other consequences also to worry about.

    Check with your HR - What category they are filing for the new job EB2/EB3
    If EB2 ask them - Why did they file EB3 for you for the same position.
    If EB3 - There is no point in porting.



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  • Prashanthi
    02-05 10:13 PM
    Hello Chandra, i am trying to figure out how this works, that is why the delay.





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  • nifedge
    04-23 10:01 AM
    Hello!

    I am in a similar situation. My Passport expires on June 16th 2009, so I got a I-94 that a D/S Date of June 15th 2009. My H1B and I-797 is valid till Oct 22 2009. My Employer contacted me last week saying that my work status expires on June 15th and I need to show new work status to continue working.

    As per my attorney, the date on the latest I-94 is THE most important date which dictates how long you can be legally employed as a non-immigrant, it is NOT the date on H1B stamp or I-797 (I-94 date is always equal or earlier than the date on I-797).

    So, I am lucky to have EAD through my wife's GC application and I am being forced to switch status to EAD. Since my wife and I work for the same company, I am very worried switching to EAD as there are layoffs imminent in my wife's department, which poses risk to her and me too (if I am on EAD).

    One line answer: Your wife should switch to EAD right before her I-94 expires.

    My obvious advice is to consult a lawyer.

    Anyone on the forum, if you think what I said is wrong, please correct me.



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  • chenche19
    04-01 11:57 AM
    Gurus,

    my and my wife received a denial letter from USCIS regarding our I-485 applications. My I-140 was approved on November 08'.

    the weird thing is that I did not get an RFE of any kind... so, we decided to submit an MTR because:
    1. the grounds for denial are wrong: no RFE on Medical and my case falls under visa gate - USCIS publication of July 23, 2007 states that USCIS will submitt an RFE on this matter.
    2. denial over birth certificate??? anyway, it was submitted originally and USCIS just lost it in the process anyway no RFE on that either.
    3. taken literally from the letter of denial "EVIDENCE OF EVIDENCE OF ELIGIBILITY MAINTANCE " I believe that is my I-94 -which we had submitted and the visa bulletin on june 2007 giving me the green light for I-140 and I-485.

    so, we submitted an MTR based on this documents and I got the receipt date as March 17.
    any thoughts and comments will be apreciated.

    thanks,





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  • saadm
    01-11 01:40 AM
    This message is for people who posting against the reform bill, its just surprising how you all come to this country for better life .. and now complaining!! Just because you had better education and had a chance to go to college doesn't give you the right to look at others as less than you.

    Yes, they come to U.S and might overstayed... guess what you might done the same thing if you wanted better life for your family.

    The illegals came to U.S for the same reason you are here for ... Better life for their families and children. Just because now they have a chance to change their situation little bit faster than you do ... doesn't mean we should hate them and start claiming that they will bring U.S backward...... Just because of these people you have food on your table...

    Its not their fault that most of Indian cases are in back log, you have a choice either be patient or go back....!

    We need to care and wish good for others as we wish it for our-self and our family members. Be side the bill is not giving them green card or citizenship right a way they have to wait 6 or more years before they get to this point..... all what they are getting is legalization of thier present in U.S nothing more...

    But you have another choice cross the border and come back as illegal you might get yor paper work done faster !! :eek::p



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  • santb1975
    12-08 11:13 PM
    until I started tracking some immigration debate's this year.





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  • sanjay
    09-08 05:54 PM
    @ArkBird,

    NO, Its not a substitute labor. Its mine on my name cleared from Dallas Backlog center.

    @Dealsnet,

    How much time do you think it will take for NBC to schedule an interview ?

    @Sanjay

    Did you used substitute labor for filing I-140? I have heard about instances where people who used substitute are called for an interview even after the final I-485 approval



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  • chanduv23
    06-19 12:00 PM
    Your mom had GC in 80s? Why are you in EB queue? You should have gotten your GC by now. Just kidding:D

    My dad had GC in 70s, he came and went back to India to pursue a lucarative job.
    He is currently here on a visitor's visa and during the visa interview at Chennai, he showed his expired green card - and they confiscated it (after 30+ years of expiry)and gave him a tourist visa.





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  • jeevarakkiannan
    07-17 06:19 PM
    I suggest we add our photos to the thank you letter. This way, the thank you letter will be more personal.

    What do you think?



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  • GCVivek
    05-13 08:26 PM
    Diversity lottery numbers are deemed invalid due to computer glitch.





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  • panchotronera
    08-12 09:20 PM
    Mu I140 was approved back in May /07. I got a LUD today bit I don't know what it means. I have the receipt notice of my I485. I also got LUD on my I131 for me and my family.

    My case EB3 PD Jan 2004
    I40 approved TSC July 2007
    485 filed at NSC July 2nd

    LUD is 8/12/2007

    Does this mean anything ?





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  • javadeveloper
    02-23 11:33 AM
    If you currently have health insurance, you can continue it using COBRA in case of a layoff. With the recent stimulus bill, the premiums has been slashed by 65% for 9 months which is significant.

    Oh really It's a Great news! I don't know this.So if we loose job and use cobra a family can get Insurance for about $250-$300 for 9 months.Do you have any link explaining this to get some more info?





    h1b_forever
    10-06 02:07 PM
    This is great news. Hope we see some names from the Congress on the list





    pappu
    06-05 11:43 AM
    If you plan it right, you should not have problems.
    - have your new employer apply for Perm asap anyways. These days labor comes in 45- 60 days via perm. You should immediately apply for i140. The 140 is also taking 3-6 months. Once you get your 140 you can apply for a 3 year extension instead of 1 year since 365 day rule applies if your labor was filed 365 days earlier and you do not have either labor or labor and 140 approved. Others in the forum can correct me if i am wrong.



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