Friday, June 10, 2011

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  • mmaxima
    08-21 04:24 PM

    "The annual limit for EB visa numbers is 140,000. This number also includes the dependents of an EB applicant. In addition there is a per-country limit set at 7% of the total."

    That's provided that India gets 7%. ROW is in retrogression as well. The visa number is divided among all country. 7% rule only apply when visa number is abundant otherwise it's shared.

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  • Jayr
    07-05 02:28 PM
    I think the reasons may be a little more subtle than mean spiritedness and malice. Makes me wonder how performance is evaluated at the USCIS. If their evaluation system is such that a large number of applicants in backlog looks tacky on their report card, then that's incentive enough for them to not want a deluge of applicants.

    by now everybody might have heard stories about how USCIS pulled staff and worked overtime and weekends to utilize the 60k visas in one month to prevent the july 485 filings.

    What I am wondering is why did they do it. One obvious reason is the incresed fee comming into effect from July 30 2007. In addition to it what are the other reasons.

    Is there any agenda within USCIS to prevent people from getting EAD and ac21 benefits?
    Is USCIS filled with anti immgrant mentality who have takem upon themselves to make our lives difficult?

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  • amsgc
    06-15 11:46 PM
    WE are in the same situation. Even our company lawyers said the same thing i.e no risk. However, a lot of messages I have seen recommend switching to H4; but then she will have to stop working for some time.

    If you read the instructions for I-485, nowhere does it require you to be on a non immigrant visa, with dual intent, to apply for I-485.

    I tried to read the instructions from the standpoint of a student, and I did not find anything that says I cannot apply to adjust status. All they want is proof of your status and admission.

    Also, we have someone in our company who will go for Eb1, and is on OPT (which is not a status, F1 is). He was told that he can apply for I-140!

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  • ameerka_dream
    04-15 10:26 AM


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  • bluez25
    08-26 02:09 PM
    Yes.. I did my medicals done as soon I landed there. Got all the appoinments for the medicals before I started from here and the first thing I did was medicals.

    Regarding the marriage certificate, I gave the marriage registration copy given by registrar. If the marriage certificate is in native langauage, they will not accept and they probably will need a translation affidavit. Please check the local Consulate for the exact format.

    Yes.. I got in luckily 2.5 years. My priority date was feb 2006 and Eb2 category. I applied for CP when I applied for my i140 itself.

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  • thomachan72
    07-06 11:55 AM
    Answers to your questions.
    (a) That could be tough, but check with your attorney. Or check if you or your husband's company has any unused LCs. Remember that LC substituion can be done only until July 17th (could be 16 or 18th, please get this confirmed), so you have to act fast.
    (b) No.
    (c) No. I am almost sure even if you have an approved I-140, it still isn't enough to get an H-1B extension. Your best bet would be to work on an EAD if you were eligible to apply for 485. Talk to your attorney.

    Good luck



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  • subba
    06-19 10:01 AM
    He says that is what he always used and he never had a problem.

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  • VivekAhuja
    11-25 11:27 PM
    CIR must be defeated. It has no benefits for legal immigrants but only for illegal immigrants. Worksite enforcement must be increased to make it impossible for illegal immigrants to make a living in the USA. If not, USA will become like Mexico and USA will lose it's magnet for attracting the world's best!

    The economic basis for CIR is stupid. Illegals can still pay taxes using a TIN number. Most illegals make minimum wage - some might not even fall under the preview of the US tax law.

    CIR is only a way for hispanic politicians to gain ground in the US. 90% of US problems are because of illegal immigration. Imagine if we have 15 million illegals legal - now, they are no longer doing jobs tha Americans want to do but they feel (and are probably going get fast track) like they are American citizens and demand non-farm American jobs. The whole cycle is stupid.


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  • fromnaija
    04-21 12:40 PM
    Hello fromnaija,
    I don't think we need to start out GC process everytime we move to a different location. I believe that GC is for future employment so according to me we don't need to re-start GC process when we move from east to west and north to south.


    Yes, if you are sure of moving back to the job location specified in the Labor Certification you may not have to restart the process. If you know you will not move back, youand your employer will be commiting immigration fraud if a new LC is not applied.

    Remember, this is in the context of someone who has not filed I-485. If it has been six months or more since applying AOS, then yes you may move without having to restart the GC process.

    To the OP, there is nothing that says you cannot have multiple LC from same employer for different location. As I said before if the different locations are within the same Metropolitan Area, then one LC suffices.

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  • needhelp!
    10-18 11:58 AM
    is just as convenient.. you don't have to write a physical check.. I have been doing it.

    And its better because then I know that nothing is getting cut off in terms of online processing fees.

    Find a way out.

    Another way to contribute a smaller amount is to buy IV merchandise. Buy 5 bumper stickers..


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  • dealsnet
    10-09 04:40 PM
    You want to take him to India permanent ?
    Any family problem?
    He can stay here upto his i-94 legally, or if you cancel your visa and inform USCIS, they will cancel his visa. Even then, if he want to syay here, he can be in F1 visa or find a job and stay in H1B.

    Presently I am on H1B and my husband on H4 visa. I have to go to India permanently, so can my husband stay in USA on H4 visa while I am in india ? my husband is not willing to go to india at all. I tried hard all the way to make him convince. Can I travel alone without him ? what will be the problem in future for visa? please advise.

    Thank you!


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  • Rajeev
    08-11 08:22 AM
    does it have any impact, if a lot of people vote this bill on this site?
    Also, there is no time lines on when its going to be set for voting in House.

    It will definitely have an impact, but surprisingly very few persons are interested in pursuing this.


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  • lostinbeta
    10-20 10:09 PM
    I don't have THAT many posts :P

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  • simple1
    09-16 04:19 PM
    If you are genuine: Don’t do it. It will affect your GC.

    If you are losers guild member using Indian name to post: Leave this forum immediately. I am tired of fake posts. I personally believe Riakapoor and ar7165 are fake.

    you can apply for UI - Unemployment insurance, NOT Unemployment benefit. The first is an insurance, the second a benefit that will impact your GC application.

    Hello All,

    I am on a dependent EAD. I lost my job (laid off) few days back. Can I enroll for unemplyment benefits as i am reading the threads that dependents can enroll into UB. But just want to make sure before going forward. We are on I-485 pending status.

    Please suggest.

    Thanks in Advance!

    My gc is in process, both I-140 and I-485 is approved over 180 days back. I have a valid EAD. Recently I lost my job (laid off). Can I apply for unemployment benefit?


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  • gc_check
    01-17 08:21 AM
    Refer to the below url for more details.,,id=96287,00.html#apply

    Couple of years back, it was simple.. You just walk to the local IRS office and fill in a W-7 with proper ID, you are done. This has changed now. You can apply for a ITIN (W7) for H4, only when you file your tax returns. You complete the Form W-7 and file it along with your tax return, The W7 is processed first and then the taxes.

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  • gcseeker28
    08-12 02:27 PM
    So, after consulting with a good lawyer, we are filing motion to re-open for H-1B denial that I received couple of weeks ago.
    Basically, it was about the client location and the iterinary at the location which was not provided efficiently for the RFE response.
    I asked few questions to the new lawyer:
    Am I in status now: She said that I am in legal status subject to we file a RFE within 33 days. It will take 3 to 4 months for a response.
    Can I change my employer: The response was "No, I cannot change my employer as I do not have a valid H-1B status (H-1B pending is not a valid status to change employer)
    Can I work: She responded that "Yes, I can work as long as the case is pending and approved".
    What happens if it gets rejected again: We can appeal the case as all the documents are submitted now.

    Did anybody face the similar issues as I am facing. If so, please throw light on it.
    For the first RFE, we have not submitted any contarct with the client, ID, time cards etc.
    This time I am submitting all the proof.
    Did anybody get the approval after filing for MTR.



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  • balan2008
    07-07 05:46 PM
    Who ever is dependent, they have to be in the relationship with the Primary until the GC is approved. If the relationship gets broken before the GC approval, the dependent's GC will be denied. But again, if the USCIS is not aware of the divorce and no RFE's then even the dependent also gets approved. But one should always inform USCIS about their change in Status, it may be an Address Change, Employer Change, Marital Status change.
    The Primary's GC application will not be affected with the Divorce.

    Thanks for the valuable information. But we all know the I-485 process take long period of time. Mean time if I marry again, do I have to wait for the priority date to be current in order to Apply I-485 for my new wife?


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  • satyasaich
    05-01 02:05 PM
    Yes. Please see
    the web site

    Does - Emergency Appoinment include - people already
    working in US ? are you sure ?

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  • suemegan
    09-24 05:54 PM
    I received our receipts (I-485 for my husband and mine). Under section: unknown. I do not know why it should be this. My NIW I-140 approved March/2006 in NSC. ANyone has same experience? I call USCIS, they do not know either. Ask me go to local office.:confused::confused:

    05-31 12:14 PM
    Recently joined.

    Contributed $200.

    11-17 02:26 PM
    using AP with H1B will not affect your h1b status in anyway.

    Go with what roseball said ..................... 100% true

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