Friday, July 1, 2011

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  • dellmunna
    04-21 10:52 AM
    i am getting less then in my LC but same position.

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  • number30
    05-16 08:06 PM
    Hi I'm a Moroccan citizen I was placed in removal proceedings (NY Buffalo) and took voluntary departure. once my wife's divorce was finalized we got married while on voluntary departure. we filed motion to reopen the case and it was reopened and transferred to Los Angeles, CA then the judge closed my case based on marriage with an I130 receipt without prejudice. The I130 was filed on june 2009 and was transferred to Los Angeles on November 12, 2009. I made an appointment with Info Pass but they just said you have to wait untill we call you. My lawyer said I can't file for the I485 untill the I130 is approved. My question is: How long will it take before we will be called for an interview?
    An estimation will be much appreciated thank you very much.

    I cannot give you any estimation But my question is why can't you file I-485. Any one who pending marriage based I-130 should be able to file I-485. Double check this with another attorney.

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  • wandmaker
    08-18 08:58 AM
    Hello Gurus,

    Pl guide me and let me know my options for the below scenario...

    1. Me: Applied under EB2 (India) and have I-140 approved in September 2006.
    Status as of now : Applied as dependent (secondary) on my spouse 485 and have EAD and AP since July 2007.

    2. My spouse : Primary applicant - EB3 (India), December 2003.

    As the dates are NOT moving forward for EB3 (India), I want to port our GC application dates from my spouse priority ( EB3- India - December 2003) to mine (EB2 - India - September 2006)

    My question is, Can I change my status from dependent (secondary ) on my spouse 485 to me being primary applicant by invoking my approved I-140 (EB2 - India - September 2006), If YES what would be the process.

    Thanks in advance

    You cant port because it is different labor of two different people. As far as I know, when the EB2 (India - September 2006), labor date is current, you can file another 485 as primary and your spouse as dependent. Optionally, you can choose to withdraw your previous filings. Hope, this helps. Others can throw some light on this.

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  • REEF�
    05-10 04:24 PM
    :lol: Good job!


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  • number30
    04-25 08:26 PM
    Thanks a lot for the quick reply!

    Will Advance Parole be valid until she comes back? Technically you cannot take her Green card and give it to her outside US.

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  • anoop4real
    11-23 02:13 AM

    My employer has initiated my H1 B visa for our client which is a telecom giant. I was denied H1B with the reason that I am a Mechanical Engineer. The document says that as a mechanical engineer I need 6yrs exp. I already have more than 4yrs exp in IT. The thing which wonders me is that, 2 of my engineering classmates got their H1 approved. Is there any clause which says about this. Please help me.



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  • beautifulMind
    10-24 04:12 PM

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  • tinamatthew
    07-20 11:55 PM
    I value the contribution of IV a lot, but saying that you will get an answer only if you contribute is lame.. This is a public forum and all contributions are voluntary. Your answer degrades the noble cause of IV. :rolleyes: :rolleyes:

    Good answer Loudobbs!! janilsal pls refrain from making such announcements - it is not nice


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  • chapsi29
    08-01 09:37 AM
    My husband has got a query on his I-140 now and it would take another 2-3 months before USICS makes a decision. His company is not doing well financially and we are worried if the I-140 would get denied. My understanding is, if the I-140 gets denied, the EAD will no longer be valid.

    Would anyone happen to know what would happen to the EAD, if the company files a MTR (Motion to Reopen) and appeal against the I-140 denial (if it happens) ?


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  • designserve
    02-22 12:07 PM
    IRS has the recoeds for 3 years only.No sweat!!!


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  • xbeartai
    04-26 11:28 AM
    I am planning for Green Card application.

    Who has experience about Accountant Green card application,

    Eb2 or EB3?

    If you use EB2 , how is your job title and education requirements and job descriptions?

    Thanks a lot


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  • beavis
    08-10 08:02 PM
    We have the same situation. I am the primary and got my GC last July. Spouse still does not have it. We have a PD of Sep 2005 and 485 RD of Sep 2005. No idea what is happening. We also have contacted our Congressman, Senator, and done Infopass and SR. Our case was originally filed at VSC, transferred to TSC and is now at a "USCIS Office"


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  • sparky_jones
    06-02 10:27 AM
    My company has put BS + 7 as the primary minimum requirement, and MS + 5 as the alternative for my position. The lawyer says that he's going to respond "Yes" to the question "Are the requirements normal to the occupation?". His argument is that for the job title (Senior Software Engineer Team Lead), and the job description (which calls for extensive experience), the requirements are normal. He says the normalcy of the requirements have to be gauged both by the quantitative SVP criteria, as well as the qualitative O*Net description of job duties. While the quantitative criteria restricts requirements to BS + 2 or MS + 0, the qualitative criteria allows for "several years" of experience, depending on job duties.

    I have seen the vast majority of EB2 cases not going over the BS + 5, or MS + 1, even though in the real world most employers will ask for much more experience. I think this is just to avoid business necessity issues. My company as well as my lawyer are sticking to the BS + 7 requirement. Let's see what happens. I either have a very smart lawyer at hand, or a very clueless one.

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  • die_exquisita
    06-04 02:28 AM
    Thank you for your responses! I guess it makes better sense to do the H4 processing sooner than later!


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  • LookingForGC
    06-29 10:42 PM
    Thank You! It helps.

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  • sunofeast_gc
    11-29 12:11 AM
    same thing happen to me too, we applied for correction and got corrected PD after one month.

    Since my PD was/is not current waiting one more month was not a problem for me.


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  • rp0lol
    07-24 04:24 PM
    It is illegal to overstay on a visitors visa, for that matter it is illegal to stay on any expired visa.

    I don't think it is illegal to stay beyond your I-94 expiration date, if you already file for an extention or change of status.

    Generally lawyers advise not to travel, when h1 or h4 application is pending. as your H-4 approval will come with another (new) I-94 attached to it.

    So best thing check with your spouse's lawyer.

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  • nirenjoshi
    03-16 10:12 AM
    I'd like to see expert/legal opinion, but from my limited understanding -
    if you continue to maintain the same address, work at the same company, the official looking at your I-485 application would have no reason to assume anything had changed.
    And so you should get your application approved when your PD is current.
    However, in case the officer decides to verify, he could send a RFE for Employment Verification Letter. At that time, it could potentially cause problems.. Will your company send a letter that yes you are still working there and performing the same duties as mentioned in your application? Or will they mention that your job profile has changed?
    These questions are moot if you dont get a RFE and I would think chances of RFE are low if you dont change your address.

    Others, please chime in...

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  • Michael chertoff
    10-23 07:29 PM
    hi all
    im in F2B ( LPR filing for son over 21 )
    my PD : 12-aug-2009
    ON 23-dec-2009 case has been approved , based on the Visa Bulletin currently the are processing visas for F2A with priority date before in 1- JUN i think soon " within 2 month " it will become current and thus all unused visa numbers will transfer to F2B ( spilover ) if this happen i assume i will get my paper and interiview within 2011 .
    AM I RIGHT ?????
    any insight will be appreciated

    100 % right. Have a nice weekend.


    05-15 01:55 PM
    Hi ,

    I was on F1 visa till oct 2008 and then a consulting firm file for my H1B . It was approved and my status has been changed . I tired a lot but i didn't get any project and i am on bench till oct 2008 and i am still on there H1B. Although in the mean time i was enrolled in school and never quit the school as i am working on my project in school and i always had valid I20 and valid I94 and F1 stamped on my passport till dec 2011. I am still enrolled in school.

    Now my emplyer is saying to file COS and go back to F1, but i don't have paystubs and he is not giving me as he said being a bug company we dont do this.
    I talked with a attorney he is filing my COS.

    1) is there anyone in the same situation evr ?
    1) Is there any other way i can follow?
    2) what percent are there chances that my COS will get denied or accepted?
    3 ) My employer is still marketing my resume?

    Any Suggestions welcome!!

    THANKS in advance

    June 5th, 2005, 09:27 PM
    Nice stuff for first photos, especially since it looked like pretty harsh lighting. I particularly liked the guitar, though a little smaller aperture for a slightly more depth of field would have probably made it even better.