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  • talash
    04-25 03:19 PM
    I 140 denied.please help to start new thread.Please




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  • estrela21
    02-08 11:52 PM
    As gsc999 said peoples here mostly know about "Employment Based GC" not much about "Family Based GC" .... Still few questions if we can guide you to the right place...

    a) What is your current Immigration Status ?
    b) Do you have SSN ?
    c) Forget about he goes to Jail/not is it impossible to get your "Marriage Certified" or at least put the Application before March 31st ? You have almost 51 days ...Based on that a lawyer can guide you but if you dont have a Marriage Certficate no one can really help... You know !

    d) Lets the Justice system decide he goes to Jail or not but if unfortunately he is convicted and goes to Jail for 18 months do you want to live/continue your marriage with him after he comes out ?

    e) Based on Marriage with US Citizen they give you "conditional GC" - and they would verify after 2-3 years if your marriage is a "Bonafide Marriage" etc... and then only give you a "unconditional GC"

    That's why you will see those fake "immigration marriage" start giving problem after 2-3 years and end up in mutual Divorce. Be cautious about converting you GC to a regular "unconditional GC" .

    Good Luck !



    thank you....so much




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  • saileshdude
    06-25 11:00 AM
    You could argue that you don't need to have a job now, just that you need to be in a "same or similar"position when the 485 is approved. if your priority date is very backlogged, you have lots of time to find a job.


    Would this kind of RFE response be acceptable ? If the RFE asks for employment letter and you send a response that you dont have a job and also that you are not required to have one until your Priority date becomes current, I think your AOS can be denied. Based on the memo you can argue that but I am not sure if anyone has actually done this and their AOS has continued to be processed.

    Please elaborate if you can on this.




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  • munnu77
    04-06 09:35 PM
    i am sorry..i couldnt follow todays proceedings..whn i cam to iv site in the evening..everyone says bill is dead
    whn i went to immigration-law.com, they say the following

    cud someone tell me which one is true??????????

    We reported earlier the Senate Republican Members Agreement last night. Today, the Democratic Minority Leader and other Democractic leaders agreed to the proposal, turning the Republican agreement into the Bi-Partisan Agreement. This dramatic break-through opens a door to the possibility of passing the Senate version of Comprehensive Immigration Reform bill, S. 2454, as amended before this week is over and before the Congress goes into the recess next two weeks.
    The development is accompanied by three other developments:
    President released statement supporting the bi-partisan agreement;
    Senate rejected the Democrat's motion to cloture for the Specter amendments to S.2454;
    Senate also relected the Republican Kyl' motion for his amendments.
    Now we see the light at the end of the tunnel!!



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  • rsharma
    07-24 06:58 PM
    rsharma:

    For many of the applications filed during the 2007 "visa-gate" visas are not available to allow USCIS to approve the applications. However, USCIS is in the process of doing what they can to get these applications ready to be approved once a visa becomes available.

    So the idea is that for many of these applications USCIS has already decided that they are approvable but for the fact that a visa is not available, and once a visa becomes available, they will approve them. Hence the idea that they are "pre-adjudicated".

    Thank you attorney Sauer and all other IV members for replying to my question.
    I am little confused at the reply I received from USCIS. They are saying that my application cannot be adjudicated till visa numbers are available.
    Do they mean they will not pre adjudicate my case till visa number is available ?
    or
    Do they mean that pre adjudication is done, but the visa number assignment process (adjudication) will be done once visa number is avalable?

    The processing dates are passed my received date and notice date in the processing center where my application is processed.

    Please let me know your thoughts.




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  • vxg
    09-08 03:01 PM
    Got the cards in the mail. My online case status says the application is still pending.

    Folks (those whose PDs are current this month),

    Check with your attorney, in your mail boxes along with the online USCIS case status. You may get the good news in your mail box or from your attorney's office before your status is updated online.

    This is what my attorney had to say:

    The USCIS online status system is maintained by contract workers and is often inaccurate.
    Thanks for starting this. I am in same boat, i called TSC and the IO told me my case was approved on 9/4/09 and i have an LUD on 9/4/09 however online status says case pending. I asked that to the IO and she says she does not know about the online status but in there system it is approved. I did that after i received a call from an IO from local field office ( i went for Infopass last week at local office) informing that my and my wife's cases were approved on 9/4/09.
    I am hoping to get the cards as have to travel to India next week. The IO in Texas advised me to get the Passport stamped.



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  • gxr
    10-15 10:41 AM
    Folks - My (EB3) I140 got approved.
    RD - Oct 7, 2006
    Service Inquiry - Sept 18, 2007
    Approval Date: Oct 15, 2007




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  • gman
    12-22 11:07 PM
    Unlike H1B, at the time of layoff, if 485 is pending more than 6 months, you are still in legal status, (in h1b case there is no grace period). There is no time limit to find a similar job. You can stay at home for till your 485 approval, with legal status. Having said that, if INS asks for a eveidence of full time-permanat job you should be in a postion to show the job offer. In simple terms, tou should have a vaild job offer at the time of approval of your 485.

    If i-485 has been pending for more than 6 months and I suddenly get laid off can i leave the country and come back when it's approved? Or can I leave the country and come back in a few months with or without job offer?



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  • gsc999
    06-26 12:16 PM
    Harry Reid will use "CLAY PIGEON" maneuver, a rarely used tool to expedite the passage of the immigration bill. More later when Senate reconvenes @ 2:15 ET

    What is Clay Pigeon:
    "The tactic gets its name from the target used in skeet shooting, which explodes into bits as it is hit. In the Senate, an amendment is the target, and any one senator can demand that it be divided into separate fragments to be voted on piecemeal.

    Under the tentative plan, Reid as early as Friday would launch his target _ an amendment encompassing all 22 proposals _ and shoot it into its component pieces. The Senate would then vote on ending debate on the immigration measure, which would take 60 votes and limit discussion of the bill to 30 more hours. After that interval, all 22 amendments would have to be voted on, with little opportunity for foes to interfere."

    http://news.aol.com/elections-blog/2...geon-maneuver/




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  • ivar
    02-07 09:51 AM
    Dear "ivar" congratulations on getting greened! I humbly request you to be with us till you can :D

    gc_peshwa, SGP

    I am used to visiting IV everyday so i don't think i will stop that and i will also be donating for few months from now.



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  • kminkeller
    03-09 02:49 PM
    Completely valid question ivgclive. Yes it has been more than 3 years that I had EAD. Only fear that I have right now is for EAD you need to have a job at all times in case I get an RFE or any kind of notice to prove that I am working on similar job. In this economy you never know what is going to happen. You have a job now and you may not have it later. That is what concerns me a lot coz I have a family here and bought a house and other responsibilities. So I was hoping porting to EB2 was not that long process from Labor, I140 then I485. and that is why I needed to know if I need H1 to apply for Labor on EB2.

    BTW is there a chance USCIS can reject my application in case I don't have my job? If they cannot reject my application then I am fine with just EAD until i get my GC.

    Thanks.




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  • jasmin45
    02-26 10:53 AM
    Hi one question,,,if I go home to my country to study using H4 while my GC is pending,then suddenly the GC was sent to my sister here in US,can my sister just mail my GC to me in my country so that if i go back here in the US,i can present my GC to the US immigration???uh!im confussed!thanks!

    First of all you have an "If" in your question. So I belive this is for future plan.
    Now, when you say "suddenly GC was sent to your sister here in US" I am comfused as to whether your sister has already got the GC in mail and you are outside US?

    I would request you to provide some more information on your status and info such as Whether you have had/will have approved "AP" etc before you left/plan to leave this country for studies.



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  • InTheMoment
    12-04 05:04 PM
    NYCGal,

    I zoomed into your post when I saw DoL Withdrawn... my case shows "Withdrawn" which was apparently due to the famed computer glitch at the BEC. It should have had been returned back to it's original status (In Process) but that has not yet happened even after the DoL advisory to wait until Dec 1.

    My lawyer has gotten in touch with the BEC. I was wondering how much time it took in your case for BEC to correct the error. My RIR conversion recruitement is ongoing and I wonder if the BEC will deliver on correcting in the mistake before it ends.

    Time taken by BEC to correct the error in your case would help me a lot.

    thanks:)




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  • eastindia
    04-22 09:28 AM
    So basically you are saying you cannot sue the people responsible for greencard problem.

    I think the only option left is to either sue God or sue yourself for your bad luck.



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  • BharatPremi
    07-12 04:34 PM
    I believe the only reason EB visa numbers have gone unused in recent years is due to the the inability of FBI in completing namecheck/background check in a timely FIFO fashion. As a result USCIS is unable to approve pending I485s even when the visa numbers are available. This also keeps the VISA BULLETIN doors closed for new I485s.

    This (besides labor backlog) spoils the FIFO for GCs.

    Fixing FBI security check process will end such visa bulletin fiasco. I believe in recent year or two USCIS has processed various applications (including I485) in a very timely fashion (ofcourse there are exceptions). But many I485s get stuck in the security check bottleneck. Since, visa number is assigned at the approval time the whole FIFO goes to hell.

    DOS should be issuing VISA BULLETIN based on pending approvable I485 (meaning security check complete) and fiscal year visa availability. If former is smaller than latter then bulletin dates should move forward based on approved I140s which have not applied for AOS. This is not rocket science but simple math which is lost on DOS, USCIS & FBI.

    However, fixing FBI security checks (timely completion) will restore FIFO once labor backlog is gone.

    FBI delays is the prime reason for this fiasco.

    BTW my AOS is pending due to indefinite background check delay.

    It is partly true. You get stuck in name check , somebody get stuck at I-140, All in all this whole system is purposefully created to keep doors locked "legallly". The first and foremost question should be how the hell government has decided 140000 visas not 40000 and not 240000 but only 140000 and why the hell discrimination against people from only 4 countries?

    Infact employment based immigration is for sufficing the need of the market then let market decides what immigration numbers should be set as ceiling... If US economy need 7 milion in year 2007, ceiling should be 7 million and next year US market may need only 7000 then for that year ceiling should be 7000. I believe if they may freshen up the whole EB GC mess with starting restructuring based on this concept then only in future we can expect flawless legal immigration...




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  • Pankaj
    08-18 04:59 PM
    If your wife's I-94, which she have received at the time of entering to USA on dependent visa was valid till the date of the starting new the job, she should be fine even if she has not started working on H1 after approval. She has maintained the H4 status during that period as per I-94.

    My wife here on H4 and she go H1 but she started job after a while as employer delayed. But her status was valid. Even she told the same to the US counselor New Delhi and she got h1 stamping done. Gap of H1 approval effective date and employment was about 2 months.

    If you would ask this question to any attorney, you may get same reply. But asking to attorney is advisable.



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  • amitjoey
    01-26 11:18 AM
    Congrajulations! to all the toppers.




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  • hope_4_best
    09-05 04:25 PM
    While on EAD, what type of entity (LLC, S Corp, C Corp) is the best one?




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  • gjoe
    10-05 12:04 PM
    Because his RD is before yours. When a PD is current , GC is isssued based on RD.So if your PD is May 2002, but RD is July 2007. and another guys PD is May 2004 but his RD is June 2007...The other guy will get GC first.

    In july uscis assigned visa numbers to variious cases with older RD regardless of PD.Hence, you will see approvals in the coming month, inspite of the fact that their PD is not current.

    For no fault of mine why should I suffer? I didn't file in July2007 because I didn't want to do it earlier. It was USCIS fault for not being able to come up the correct cuoff dates and DOL's problem in approving Labor certs with two different systems.
    I think bad managment affecting your life is a good reason for sueing for damage




    kumargn
    11-24 05:23 PM
    you can use any of the consulates in india.

    but usually dates opens up if any cancellation. check vfs site often. nowadays it is easier to get appt than it used to be.

    disclaimer: I'm not an immigration attroney, so consult one for your situations as laws/procedures are changing often.

    Thanks arnet ,
    As you mentioned i kept checking the chennai consulate, and it opened up like a blessing in disguise, with slots again and i was able to get my dates .Only problem was it forced me to cancel my earlier appointment and redo all the application again .That was because i had booked an appointment with Mumbai consulate in distress of not finding any with chennai .




    cheg
    07-20 04:44 PM
    Based on our experience, my husband's lawyer applied for I-140 premium processing and after it was approved we were able to file for an extension of 3 years since I-485 is still retrogressed and we got approved for that one as well.

    My 6 yrs are getting over in Jan 2008.
    1. Can I apply for H1 extension request for 3 yrs instead of EAD?
    2. Or with EAD?


    Excuse me but I am a novice here.



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