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  • InTheMoment
    08-12 06:16 PM
    Even when NC is pending the actual EB1/2/3 GC is a regular 10 year validity (validity of the card) GC with no annotations/conditions.


    How do you know that your 485 was approved even if NC was pending? Does your GC - physical card or the approval notice/emails - indicate that your approval is contingent on NC?





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  • prem_goel
    08-28 07:43 AM
    Thanks . what is I-824 again? and where do we file it too?

    hey guys can someone respond please? just to elaborate on my case. My wife's been here in US for the last 4 months. I had applied h-1b for her as consular processing. The approval came with stamping notification for chennai consulate (as at the time her H-1b was applied this year in March, her state of residence was in chennai consulate region).

    However in April this year she moved to Mumbai and then to USA. I've heard that you can go to stamping at the consulate region you've been staying for the past 6 months. Since she was at Mumbai for half of the time and then in USA, does it give us liberty to choose Mumbai consulate for stamping instead? Would there be any issues? We are thinking that at the time of interview, if they ask she can let them know she has moved to Mumbai and has her address there now. Would that be okay?

    Thanks IV!





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  • meridiani.planum
    11-04 02:41 AM
    inline...

    I thought "we are getting married soon" is implied in my post. Anyways to be more clear ..we are getting married next month i.e. December. I have recently got i 140 cleared . Next month i will have my marriage done and marriage certificate ready. Her country of birth is different that of mine i.e. not India and is current for EB-2. Could you please help me with these doubts.

    1.) I have a masters degree from USA and my employer is willing to file under EB-2. my wife is bachelors. Can i apply in EB-2 for both of us and charge it to her quota since it is current for her country.

    yes. Since your job profile seems to meet EB2 requirements and you qualify, you can file under EB2. She will be a dependent in this case, her qualifications dont really matter, the petition is based on your job and qualifications.

    2.)Would she need to be physically here in USA for filing i 485.

    for filing an adjustment of status, which is what you typically want, yes.

    3.) one of my acquaintance was telling me that the GC we get using cross chargeability is a conditonal one and not like regular GC. Is this true.?

    no. a GC through marriage is conditional, yours is through employment, so its not.

    4.)Is cross chargeability always possible or does it depend on the will and mercy of uscis.

    always possible, its the law, its not upto the discretion of the USCIS

    5.) Is it true that we might have to go through rigorous and sometimes humiliating interview processes to finally get the GC.

    no. Yours is an EB(employment based) case, you are confusing this with getting a GC through marriage to a US citizen. In that scenario people face a rigorous and indeed sometimes humiliating experience simply because USCIS does not know whether you are marrying only for the GC. (Mail-order bride - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Mail-order_bride))

    6.)Does she also have to do MS to use cross chargeability and file in EB-2

    Nope, her qualifications dont matter. Think if this as a team effort: your qualifications take care of the EB2 part of things and her country of birth defines the priority date





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  • dealsnet
    04-26 11:15 AM
    Usually if Primary's GC approved, RFE for dependents is minor.
    When my GC is approved, my dependents get an RFE.
    It is for Marriage certificate, birth certificate etc.
    Lawyer want $250 for each persons to respond the rfe.
    I did asked a copy from the lawyer and send the RFE reply. GC approved within 1 week.

    USCIS condider each I-485 as seperate petition, not as a full family affair. My lawyer have all the details, but I think she send these documents with my package only. That is why these birth and marriage certificates are missed from my dependents file.
    Lawyers make money and penalise us for their omissions also !!!!!!!!!!!!!
    But they didn't admit it. But I did outsmart them with the RFE.
    After one month legal aid call me for money and documents, I told them, I have GC in my hand. THANK YOU. !!!!!!!!!!



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  • Ram_C
    11-21 12:06 PM
    Happy Thanksgiving to IV Family.

    -Ram





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  • logiclife
    12-20 11:38 AM
    did you get a letter from USCIS to your new address that they have received your address change request?

    i changed my address back in last week of September and got the letter in mid october. i got two separte letter one addressed to me and one addressed to my wife. this letter will ensure that they have your new correct address on the file. you should get one letter for you and for each dependent. also, you should change addresses for each individuals (for you and dependent).

    also keep in touch with your lawyer, they shall recieve one notice for FP alongwith you.

    Did you apply online or thru regular mail? Also, if you sent regular mail, was it certified mail or just regular first-class mail?



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  • Legal_In_A_Limbo
    01-14 09:37 PM
    please share ur experiences





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  • Pallavi79
    02-21 11:43 PM
    :)



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  • crystal
    07-11 12:07 PM
    ^^^^





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  • ciber.couger
    09-23 03:50 PM
    I just got a soft LUD on both mine and my wife I-485 too.
    I am EB3/ROW, I-140 approved on 09/01/2008,
    My Priority Date: 27 Feb 2003
    Hopfully it is a good news.



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  • ganesh_sholapur
    11-08 08:29 PM
    Dear all,
    Currently working for ABC company with L1B visa, which expiring in Dec 19th 2008 and i am here in USA now along with my dependents.
    But this year i got my H1B approval and having my documents, as my filing was done from India, i do not have I-94 at this time.
    My quires are.
    1. Do i need to go for stamping in Canada or Mexico
    2. Can i work for company B with my H1B approval
    3. To start my new job, do my employer should change my status
    4. If going for stamping do my dependents also should join me.

    Actually i have very short time to make my plans , please help in finding solutions for all my quires.
    With Regards
    Ganesh





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  • mrdelhiite
    07-11 01:05 PM
    ^^^^^^^^^



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  • kk_kk
    07-17 09:12 AM
    Is this in RFE connection with an Adjustment of Status filing? if so, you really only need to show that you did not violate status for over 180 days since your last lawful entry (Section 245(k) of the Immigration and Nationality Act).

    In any event, proving that you maintained status does not require showing all old I-94s. You need to show that you were approved for or admitted in a certain status, and that you stayed in that status until it was changed or extended. Approval notices, visas, and maybe entry stamps from your passport re usually enough, and just the most recent I-94. If you held F-1 status, you would need to show your I-20s, visa and proof that you maintained a full courseload as required by the I-20.

    Thank You for the detailed answer.

    My question was not related to any RFE in specific. But in a general way, what would be the procedure to obtain the past copies of I-94's.

    As per your answer, it should not matter, If I have the copies or not. It would be good, if we have it. Otherwise there are alternative ways to answer the RFE.





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  • DareYouFireMe
    02-11 08:12 PM
    I think you should reach out to the new employer, involve his legal team. EMPLOYER DO NOT LET EMPLOYEES OUT OF STATUS. Not good for them either. you still have time. Also, obtain I-140 /LC docs from past employer. if he is not willing to share then reach out to the freedom of information website. Even though your employer has withdrawn application, as per my lawyer you can use your PD.



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  • bigboy007
    11-21 02:07 AM
    You can call UK consulate and ask them for this information. They have a paid phone service (~2 dollars per minute) available. If you do not mind me asking, why are you going through the pain of getting a transit visa?
    they advice atleast 4-6 weeks even though avg processing time is 10 business days, you may email them its better than paying for same info





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  • anilsal
    12-19 10:14 PM
    I think the idea should be to get the callers from IV over zip codes that are dispersed across the country. Plus the calls should be daily from a few of the members. Maybe like 5-10 calls per day till SKIL bill gets cleared?

    What do you think?

    Sen.Cornyn should get to know that his bill is important (of course the tech industry has made its intentions clear by pushing for it). Now if the members of IV also keep calling amidst the negative calling campaign from the anti-imm group, it would do us a world of GOOD.



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  • new2gc
    02-16 01:56 PM
    These time- pass threads are better than EB2 Vs EB3 threads.

    If you are passing time on IV website...sorry.. either you may be a dumb .... who doesn't know what mess you are in (per your id EB3-Nov5) or an even more dumb anti guy...it is as simple as that... Since you are ignorant..I don't want to argue any further with you...





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  • singhsa3
    11-04 08:11 PM
    Check your private msg
    Singhsa, I know. At this point, I am looking for alternatives. Please let me know if you have seen such experiences and what USCIS has done in such cases.





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  • sargon
    11-16 05:07 PM
    This is very clear. An I-485 can not be approved unless its PD is current. So all pending I-485's remain hanging till its PD becomes current. CIS may continue processing such hanging 485 applications in the background, but its final approval is always held back till its PD becomes current again.

    Rule of thumb: Door must be open (i.e. PD must be current) to get the I-485 application in, and to get it out again.





    kevinkris
    08-16 02:32 PM
    I think its ok. I am in the same boat. But the applicaiton will be transfered to TSC.
    Not sure how long it will take.


    If it has to be transferred Texas why my employer did this * intentionally * to Nebraska :mad:

    huh.. hopefully it will not delay my receipt date. I am planning to travel abroad and waiting for the 485 receipt notice..

    Thanks for your answers. Really appreciated





    ppt.b
    11-19 12:04 PM
    Hi All,

    My wife entered US on H4 Visa. Her H4 is valid until Oct 2009. Last year, she got her EAD and started working on EAD. If she has to travel out of the country and come back, can she do it on H4 until 2009 or will she need an AP now that she has used her EAD..

    Could anyone please share..Apologies if this is a repeat. Could not find any info on the forums.

    I am in the same situation. Our lawyer suggested that I should use AP if I want to continue working on EAD after my international trip.


    Not sure if that is the right way to go.