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  • Rastogi
    06-22 08:01 PM
    Two I140 in process with a difference of one years in the priority date (one original and one recently filled substitution with improved PD). Which I-140 should be used for I485. IF PD goes back to retrogration, the substitution would help with a risk of getting reject as well. The original I140 has less risk but if PD goes in retrogration, it might get years to get I-485 approve. Suggestions?




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  • h1bdude1
    04-09 04:11 PM
    Hello guys,
    Need little advice from you guys.

    My wife is having her citizenship interview and oath ceremony on April 30th.
    My AOS Documents are almost ready and i am just waiting for her to become US Citizen. I just need her Naturalization certificate which i can attach with my I-130 application as proof of her citizenship.

    after she become citizen, should i wait for a week or 2, before i send my AOS application to USCIS or just send it right away.??? if i send my application on the same day she become citizen........does that gonna create any problem for my AOS case ???

    thanks
    h1bdude1




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  • nkappiah
    07-19 10:58 PM
    I am in the same boat. My wife 485 just got filed with me as dependent so I am holding off on sending mine in. I read that this is a very gray area, and at least fragomen claims that they have had cases in which both 485 applications were rejected because of this dual filing.

    Check with a lawyer before you do anything.


    Who or what is fragomen? Where can I read up more on this?




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  • indianindian2006
    06-24 08:50 PM
    Did company B file the ammended 140 with immigration,if yes what happened to it.You could upgrade ths to premium processing and get an answer in 15 days.If approved I feel you would be safe.



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  • frostrated
    08-11 02:24 PM
    My friend will come from India on H1B first time to Atlanta Air port this weekend. His H1B was approved for year 2008 and his stamping was done in early 2009. His H1B is from small desi consulting company. What kind of questions he may face? Any inputs will highly appreciated.

    One of the most common questions for situation your friend is in is why he waited this long to come to the US after approval of H1B visa. Another question is to show proof of job availability. It is 2 years since a petition was applied for him and a year since he got his visa. Unless he has some very solid answers, there is a possibility that they might deny his entry.
    If you say that another position has opened up for which he is coming, then the next question would be if a new LCA was applied for the new position, which would then open up a totally new ball game. I would suggest that you have your friend contact his company lawyer for suggetions, rather than listen to advice given by people here who have not been in such situations.




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  • moolivkkr
    07-19 03:18 PM
    Hi Guys,

    I just learnt about the news in Business week on starting discussions for increasing Visa Numbers to help alleviate our pain.
    Skilled Workers May See Green-Card Surge (Link:
    http://www.businessweek.com/bwdaily/dnflash/content/jul2007/db20070718_068854.htm)

    With this in mind I was wondering whether we can compile list of victims of Immigration system based on state and send it to each senator asking for help in moving Skill bill and other pro-immigration reforms cleared.

    We can also indicate some on the main issues we are facing as a summary to each senator to make the people understand what kind of roller coaster our lives are

    Information that can be captured to indicate the wait time and different ways we are affected.

    Name, State, PD, approx Expected approval date (with approx 750000 thousand applications in July) and what effect this would cause on our lives

    A) Family torn apart (kids growing older than 21, etc)

    B) Cannot live the American dream by excelling in work to higher position and benefits for average 5 - 10 years - cannot change jobs or responsibilities

    C) Kids (mostly citizens of US) deprived of basic luxuries because parents cannot buy houses and cannot send them to private schools because of uncertainty in visa status. Most of them manage in rental homes and feel guilty for not able to provide the best for those innocent kids (US citizens)

    D) With this long waits, Could not purse higher education because of 6 years limit on H1 and no option to change employer after 6th year because of pending application.

    E) Most immigrants are eagerly waiting to start their businesses but are restricted because of visa status and the dream remains dream for most of them because of timing in market and personal life.

    F) Some of them are abused by employers who take advantage of the loop holes in the immigration system and long waiting times.

    G) Lose of revenue, most of the spouses are well educated and are not able to work because of H1 quota limits or no EAD and it takes on an average 3 -5 years before you get your EAD.

    More can be added based on others experiences.

    It would be great to get some information about Taxes paid (percentage) by immigrants,
    Number of businesses opened etc to make the case stronger.



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  • sk.aggarwal
    10-26 10:41 AM
    How long does it takes to get any thing back on FOIA request. I send over the documents a month back, havent heard anything back. Not even my position in the queue. How long does it takes?




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  • immilaw
    09-19 06:16 PM
    My company has just changed the rules. From now they are unwilling to pay the costs incurred in the visa extensions for the spouse.
    Is this legal? Does anyone have any links etc that I can pass on to HR if this is illegal. Thanks.

    Under the law, the employer is only obligated to pay the training fee, i.e. $750 or $1500. The rest of the fee including the H-4 fee can be paid by the employer or the employee.



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  • number30
    04-21 12:59 PM
    Can anyone please recommend a lawyer in Delhi for filling and helping in the I-824 or councillor processing for my Wife.
    I am looking for a lawyer , who has office in both Delhi and in USA , so they can take care of the complete process.

    I.e filing I-824 in USA and helping in india to prepare for the interview

    If not in delhi , then please recommend any where in India :)

    Also any idea , how much would it cost.

    Thanks in advance

    It is Consular Processing

    Is it EB based?
    Sheela Murthy has office in Chennai. But if you ask me you do not need attorney.

    Otherwise you can get an attorney here. Most of the paper work is done here. All you need to do is to take packet for the interview.




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  • MatsP
    July 4th, 2006, 01:19 PM
    Welcome to Dphoto, 12bar.

    Dumb rookie questions are more fun than Pro' questions in my opinion. Mostly because I'm able to answer them...

    Although I enjoy motorcycles, I'm not really a BMW fan (just don't really fancy them, nothing in particular, just not my type of bike... More of a japanese race-bike type of guy).

    Guitarrs tend to not work at all for me... :-(

    But I'm happy to answer any questions you may have - assuming I know the answer, or am able to figure out something that sounds realistic ;-)

    --
    Mats



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  • tw00ne
    06-26 12:13 PM
    1) Since I140 never required the PD to be current how can one explain the backlog on I140 applications? They used to premium process those it in one month.

    2) If 180 days pass since the I485 receipt date but I140 is not yet approved can one use AC21 safely?
    (I understand the risk of having the I140 denied and being out of status. But aside of that... )
    My understanding that the H1B cannot be ported once you have I140 pending without having to redo your I140 and I485.

    The lawyers that created those laws must have been on something ...

    Thanks




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  • chintu25
    12-13 03:15 PM
    I suggest we start with a parallel campaign to increase the number of IV members . Each IV member to bring in atleast one new member .

    Steps to take:
    Explanation : Explain, Teach /Preach or do whatever it takes to tell people about IV and what its mission is. Many people think IV is just a propaganda. SHOW them what IV has done. Tell them about the Rally Tell them about the FLower campaign . Make then visit the site

    Reasoning : Make them understand that the EAD or the Labor that they are sitting on was not gotten thru some magic wand. It was thru efforts . Efforts of us IVians.

    If we are able to get one person each to enroll. I am sure atleast 20 % of the new enrollees will start to understand IV and maybe contribute to it as well

    This is something that can be done sitting where u r without any special effort. Let go IVians . This is one of the easiest things to do

    CORE team please help and support.



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  • cardamon
    08-29 09:33 PM
    Hi folks,
    Does anybody know if there is a receipt for I-140?
    I'd like to make sure that it was successfully received by processing center. Do you think it is polite to ask my company lawyer for this receipt or since she told me that it was filed I should just sit and relax...:rolleyes:




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  • fasterthanlight�
    05-19 05:49 PM
    Agreed.



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  • rajenk
    06-15 04:24 PM
    As you have said, try to prepare all documents to prove that your project will be lasting for 3 more years. That should help you getting a 3 year extension.

    Good luck




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  • martinvisalaw
    01-07 02:40 PM
    Your mother can file a B-2 extension request on an I-539. She should not need to file an Affidavit of Support, just provide reasons why she wants to extend beyond the initial admission period. In my experience, CIS is very generous in granting extensions of visitor status. It my take a few months to get an approval. However, as the previous poster says, she can stay in the US while the extension is pending IF the extension is filed before her current status expires. Good luck.



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  • sfhdweb
    12-27 01:17 AM
    Does .net framework give access to complete functionality of Windows OS?
    Is .net used by Microsoft to build any applications. If so please give some examples. Is win32 api and C++ or is .net with C# the preferred way. When is win32 api used explicitly?
    great information its very helpful to me




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  • indianabacklog
    02-13 03:11 PM
    I recently started work with a new employer using my EAD. I have a pending RFE on my 485 which I have to respond to in a couple of weeks. However, today I noticed that my 485 got a soft LUD of the day following the day I started with my new employer. My new employer uses eVerify but I didnt expect that it could be linked with a pending 485. Maybe I am wrong but I see no reason for the USCIS to touch my 485 until I have responded to the RFE.

    Has anyone else noticed something similar when you started with a new employer using eVerify?

    E Verify is a system operated by the social security administration, not the Department of Homeland Security. Cannot imagine your LUD and E verify can be remotely related. Just a coincidence. Relax enjoy your new job and let the I 485 process roll along as it will.




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  • guyfromsg
    09-21 10:15 PM
    guyfrommsg,

    i have filed in the form / submitted the application for joining the google GA group. please check.

    Hi,

    Remember we met in the rally. Your pictures are great :)




    Ann Ruben
    03-07 07:05 PM
    If a lawyer is handling the case, the originals were probably sent to him or her.




    sd1020
    02-26 02:10 PM
    I am on F1 visa. I enrolled in one of the university. I don't attend university in person. I do attend classes online from another state. My question is that I am resident of which state ?? Will I be automatically resident of state where exactly my university is ? I know it is mandatory to attend classes in person on F1. Can you please advise ? How is residency considered ?

    Thank you very much.



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