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  • chnaveen
    03-16 03:41 PM
    Need your opinion on this.. filed for I-485 on EB2 in July 07. I am the primary applicant. I have been married since May '04. Need to apply for a divorce. My wife, a derivative in my application, is holding up the process as it may affect her chances of getting a GC without any sweat. She has an parallel GC process running solely in her name, which I believe hasnt cleared PERM yet (some sort of audit). She is on H1B, extendable for another 3 years, and has EAD from my GC application. Will there be any implications on her application if the divorce goes through? And also, can I out of spite do anything to get her derivative application out of the queue :rolleyes: ?

    Any 485 application based on a dependent status to the Primary will be decided based on the relationship. If the relationship breaks legally (through Divorce) before the final decision on the pending 485, the dependent's 485 application will be denied. But as you said, she is on H1 and has another GC processing solely in her name, that would not be affected at all with your divorce and also her H1 status too not affected.
    Dependent's current EAD based on your GC will also be revoked, but I am not sure whether EAD will be valid until 485 is denied.
    You may have to send your Divorce decree to USCIS mentionig about the Change of Status in your maritial Status and referring to your pending 485 Application receipt numbers including her application's receipt numbers.





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  • kzinjuwadia
    05-13 11:42 PM
    I'd stay in canada and wait for the call from the consulate. One of my friends had similar situation in vancouver consulate and it took around 2wks for the call and they got the visa. Going out of canada is not good idea as canada consulate is working on your case and only they will issue your visa as it's in progress. if the visa is denied, then you can go to consulate in india and retry.





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  • vamsi_poondla
    01-18 02:39 PM
    All the best....Floridans....hope you will write the letters this weekend without fail..We need to do this simple thing to show our strength.





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  • sidm
    03-29 02:43 PM
    That is good, but what about those whose OPT expired in Dec or Aug last year: can it retroactively activated?

    There should be a clause to re-activate OPT for people maintaining legal presence in US, who were affected by last year's H1 lottery and whose OPT expired last year.:confused:



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  • Green.Tech
    02-11 10:41 AM
    You are right! Some people did not notice that moe is not illegal. But some people did notice the moe is an anti-immigrant disguising someone he is not. moe wanted to hear exactly what you told him. Now he will bash legal immigration saying all legal immigrants are actually illegals. Please try to use your brains, maybe just a couple of times every few years.

    .

    You are right on the money, Sanju. Poor Moe spends 30 minutes to type a few lines because he is trying hard to 'sound' like an immigrant by jumbling alphabets in his words or leaving out a few alphabets in a word. Dude Moe, it's ok, you can write in English; we won't tell anyone you were here :)





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  • chanduv23
    01-04 12:01 PM
    Looks promising



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  • rabs
    04-12 06:31 AM
    Sorry i keep on asking same questions again and again. I could not find any answer for that. What should I fill in "date of application" for priviously applied I-765, it should be date from EAD when they approved it or should it be the the date on which they received my application.

    Also what should I fill in the
    "Please provide information concerning your eligibility status"

    Please suggest.


    AOS pending





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  • Edison99
    02-24 10:23 AM
    snathan,
    I-140 related to Company's potential to pay his salary not sachisdis qualifications; if he clear Perm EB2 ride then he is all set. Please clarify your concern�

    1. You cannot use the experience gained from the current employer...
    2. You need to have MS+2 or Bachlor+5 years progressive experience before joining your current employer. You are short of 4 months for 5 years progressive experience and definitely USCIS will not appcept.
    3. Also you will have tough time, if you PERM requires bachlor and you do not have four years single source degree. So its importent what the requirement on the PERM is.

    So I am seeing you are going to have tough time to get EB2. But you will get the PERM approved and will face issues during I-140.



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  • GCard_Dream
    09-15 01:41 PM
    You bring up a good point about the conference committee. When is the conference committee needed? Is it when bills are significantly different or even for slight differences. I thought conference is only needed if the bills are significantly different and needs to be negotiated between 2 houses. If only few provisions ( like ours) are different then can it be voted on by the house as it is without any conference and get a up or down vote? Now this all assumes that republicans are actually serious about some kind of relief to legal folks which I am seriously starting to doubt.

    if they take the bill, they might listen to us and include our provisions in this bill because our provisions are part of the CIR bill which they passed it.

    but they will make changes to 'secure act' and pass it in such a way it goes to conference committee (big chance of this going because senate wants 370 miles fence, house wants 700miles) and they wont have time for that committee now, so they will work on it next yr after elections. again after elections, it is diff game as you said. anyhow we caught in the middle of their game.





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  • mrajatish
    09-17 11:27 AM
    Few things to remember
    1. It is good for us if EB1 remains current for India and ROW - chance of some visa numbers trickling down.

    2. The H1B cap is still 65,000 + 20,000 + some extra for non profit and a sizeable portion of this is Indians meaning other nationalities are not applying in large numbers. What this means is that the whole 45,000 EB1 and 45,000 EB2 will likely not get used from 2008-9 (by that ROW EB3 ROW will start becoming close to current and people from ROW will not try to find a way to apply for EB2 like they are doing now).

    3. People will try to port their EB3 date to EB2 and some will meet success but others might fail. This will be particularly true for Indians.

    Put all this together, I think any Indian who applied for GC in Eb2 or 3 post 2004 will probably have to wait the same amount of time in either category, maybe a year less in EB2. Given that you are anyway going to have to wait 7-8 years minimum, one year more or less does not make any difference.

    I think people from India with post 2004 Pri dates should
    a) Actively work for some meaningful legislative change, contact all your friends and make them aware of this problem, please do not just sit there and hope for a change

    b) Make solid backup plans, whatever they might be - consider UK, Australia, Canada, Singapore as backups. Learn as much as you can in your present job and change jobs if you feel you are stagnating. Do not keep your career in limbo for GC when the earliest you will get it is after 7-8 years. Imagine this - if you are 25 now, you will be in your mid-thirties doing the same job if you wait for your GC.

    c) Save, save, save - I cannot reiterate this, basically do not spend a dollar more than you need to. Buy a full efficient cheap car, rent a place (house prices are stagnating) etc. Do your due dilligence and post new ideas here.

    d) Find a way to lobby to get back your SSN and Medicare taxes - Indian govt. is making noises about this, use your connections to make the noise louder.

    e) Last but not the least, If married and planning to start family, do not wait until they change law to ban birth right citizenship :).

    Use this thread to post new ideas.



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  • iamgsprabhu
    04-20 04:36 PM
    I am now confused, do we have to pay for the EAD renewal fee, has some thing changed ? let me know the fee for renewal.

    FYI: My 485 receipt date is Aug 12 2007.





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  • nixstor
    08-30 12:59 PM
    perm2gc,

    Southwest, JetBlue, Airtran who are low fare carriers might have stopped doing that. A friend of mine flew on his in-laws frequent flier miles on Southwest a couple of years back. I am not sure what their policy is currently. I know Big airlines like American, United allow to transfer miles for charges varying between 5 to 25 dollars depending on the number of days left for travel. Also, not all seats are available for award travel on a given flight. It varies from the frequent flyer's status ( General, Premier, 1K ) what ever. I am sure the core people are looking into these considertations.



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  • apahilaj
    03-28 02:56 PM
    I got this from different website(not sure if I can quote here).

    Before going /planning for a perticular consualte, you can email the consulate with a i797 copy asking them to check if it exists in their system. If it doesn't then they will request concerned athorities to make it available in system so that you won't get stuck with PIMS delay. So far I have heard mexico/canada consualte responding to emails positively.

    I will be mailing(canada consulate) them soon. Will keep you updated if i hear anything from them. if it works..its indeed a good options for us.:D

    Many thanks for this useful post .

    I am not sure about consulates in India though. Any one, any idea?





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  • rackinghengxin
    04-21 07:21 AM
    I see your point, the topic above is debatable, and however, I am in your corner. Pallet Racking (http://www.rackingchina.com)



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  • sertasheep
    05-24 09:27 PM
    Aman, Shilpa, et al, keep it up.

    I mailed the writer, Jenny Johnson at ft.com, and she has said they will issue a correction in the paper. (Just so that no one else sends a duplicate email to her).

    (My mail)
    Hello Ms. Johnson,

    In your article on greencard backlog, the name of the non-profit organization has been incorrectly mentioned. The correct name is Immigration Voice, and not Immigrant Voice.

    (Her mail)
    My apologies for misstating the group's name. We will issue a correction in the paper.





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  • frostrated
    08-10 12:00 PM
    A person holding H-4 can attend college in the U.S. In fact, some colleges offer in-state tuition for H-4 students. Check Brooklyn College for instance. INA does not specifically disallow from attending college of H-4 nor H-1 and colleges are aware of this. So if your wife is doing this only because she would like to pursue degree, I would suggest she explores the options and if possible remains on H-4, which is a dual intent status.

    Best Wishes,

    true, but she will not be able to work while on H4. She will also not be able to apply for any internships or work on campus.



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  • mpadapa
    08-07 11:34 AM
    I'll be there





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  • hpandey
    03-22 02:50 PM
    Did your new H1 come with an I-94 attached at the bottom or not ? If not then it means that you have to go out of US and get the H1 visa stamped. Also it means that you are still out of status since you do not have a valid I-94.

    Yes potentially as per law you could be barred entry to US for 3 years but sometimes if you do everything legally the CBP officers overlook that. It all depends at the officer at the consulate for stamping and then at the port of entry.

    You can hope to be lucky but what your lawyer says is correct.

    Best of luck.

    I am not a lawyer so your lawyer's advise would be best.





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  • tnite
    06-18 08:56 PM
    Is the visa number the red colored number on the visa stamp or something else?

    thanks
    \yes it is the red colored number on the visa stamp





    howzatt
    08-21 10:40 AM
    This is to inform our community that July 19th filer check - 485, EAD, AP has got encashed. Please delete the thread if you would like to. It is only to aid people in this forum to track the dates.

    EB-3 India
    Nebraska
    July 19th filer- Checks Cashed
    no other updates

    Congratulations. It looks like they are moving.





    needhelp!
    10-09 04:21 PM
    members wanted..



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