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Sunday, June 26, 2011

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  • gc_check
    07-19 10:17 AM
    I have to apply for my wife as my derivative of 485. My 485 was approved on July 8th 2010. Below is the timeline

    July 1st - Applied Wife's 485
    July 8th - My 485 was approved
    July 13th - Wife's 485 Denied due to outdated forms
    July 14th - My H1, Wife's H4 and I-94 Expired
    July 19th - Planning on sending a new 485 application for spouse

    I'm mainly concerned about two things
    1. Is she out of status for 5 days from July 14th to 19th
    2. Can I still apply her as a derivative, as my 485 is already approved.

    Thank you,

    You can still apply for 485 since your wife is in US and also their is a 180 days window you can apply for 485 even the primary is approved on certain cases, Contact an attorney and apply asap without any delay and also have a document with all details. It is still possible to file 485 for your spouse.





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  • painful_GC
    05-24 11:47 AM
    Hi..Many thanks for the reply..I recieved my H1 B approval but as i want to take a break i would like to proceed with my L2...So one more query..I would like to proceed with Online filing..once done online..how to send the Paper by Post ?? will they notify after i e-file ??
    Sorry for the trouble





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  • insbaby
    02-25 04:23 PM
    ** You should Eat only in McDonalds. If USCIS finds evidence that you eat in other places, they will revoke your H1B

    ** You should Drive only Toyota and Honda cars. If USCIS finds evidence that you were actively searching for other cars, they will revoke your L1

    ** You should Buy groceries only in Walmart. If USCIS finds evidence that you wish to buy from other stores, they will issue RFE on your I-140

    ** You should Drink only Cola. If USCIS finds evidence that you think of other drinks, they will deny your I-485

    Add many more, there are 101 ways to torture a non-immigrant.





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  • looivy
    07-17 01:34 AM
    I can re-apply, but my 485 is already approved on July 8th!

    Sorry to hear that. What does your lawyer have to say?

    Also, why did they not inform you until now. You must have filed hers around Feb 2005.



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  • optimystic
    09-10 03:12 PM
    Most of you know about rear view mirror fuzzy dice cubes
    I believe they can be customized too. for eg:
    http://www.mascotfactory.com/store/Fuzzy-Dice.php?gclid=COaS8Kbv0ZUCFQJNagod3Gl7hg

    I was wondering , if instead of a flowers campaign or bath tub stoppers and other ideas, how about if we send customized fuzzy dice cubes to uscis, which they can hang in their cars and see our message 'in their face' all the time. Hopefully after seeing the messages day after day our point gets driven home into their heads.

    I was thinking we should have the faces of the dice cubes custom marked with the following 'F' motto messages

    'Fair'
    'Fast'
    'Forward'
    'Flexible'
    'Fix'
    'Flawless'

    And send the following open letter to accompany the fuzzy cubes (May be even take full/half page ads out in newspapers, newsletters etc). I just put some ideas I had. The gurus can always add more to this.

    Dear USCIS,

    Please accept our token gift. We hope you would adopt the following traits as your motto.

    'Fair'
    - Be Fair
    - Follow the FIFO order of priority dates.
    - You have already set a prioritization order in place. Its the Priority Dates. We dont need another confusing set of priorities such as receipt dates/notice dates, processing dates that swing back and forth worse than a pendulum etc.
    - How is it fair that you prioritize a PD 2006 over a PD 2001 case, just because the former's I-485 application was received few weeks earlier than the latter?

    'Fast'
    - Be Fast
    - Most of us in the legal highly skilled immigrant community have been waiting for our GCs for an average of more than 5-6 years. Give us some relief
    - Dont pull us from one backlog (labor approvals) only to dump us into another (I-485 Processing backlog)
    - Follow your own rules regarding namecheck clearances and automatic eligibility of I-485 for approval if pending more than 180 days.

    'Forward'
    - Make forward progress
    - EB3 I PDs haven't moved even few months in past several years
    - EB2 I/C PDs are swinging like a pendulum
    - Nobody understands how come processing dates at a service center can retrogress if files are opened in proper FIFO order


    'Flexible'
    - Be flexible
    - Allow us to use AP as a regular travel document
    - Recapture wasted visas
    - Allow to file I-485 irrespective of PD being current
    - Clarify AC 21 scenarios
    - Make provisions to capture and count our waiting times in the GC process towards naturalization requirements. Most of us have been in US for 8-10 years average. How much longer do you need to naturalize us ??

    ' Fix'
    - Fix the broken processes at USCIS
    - Increase resources at the service centers
    - Improve the customer service over telephone
    - Be courteous to your customers

    'Flawless'
    - Provide flawless service.
    - The highly skilled legal immigrant community deserves it. We pay millions of dollars in application fees to your orgnization and billions in tax dollars and Soc. Sec contributions to the US govt.
    - Make online status updates more transparent.
    - Provide more transparency around the processing dates, Visa number assignments, PDs, etc



    We would have sent you nintendo game cubes instead of the fuzzy dice cubes. But alas, we are afraid we can't afford to risk any further drop in efficiency at your organization than the levels that it already is at.


    Sincerely
    Your customers





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  • h1b_forever
    09-13 02:08 PM
    It is so frustrating to not have a receipt for Jul2 filing yet. Should be poll to see how many are still waiting



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  • monkeyman
    11-18 09:23 AM
    These responses are based on my experience:
    Make sure you are counting 180 days after you get the EAD Card (based off the valid date on the EAD Card) - like my lawyer says, its USCIS and they have no clue as to what they are doing. In such an event, you will be fully covered.

    You can work anywhere you want to. You can use EAD as your proof of status and eligibility to work. Note that, you should ensure that you get your EAD Card renewed very religiously. Any lapse in renewal could be effectively used against you. Oh, it is also called Work Permit and normally, the employer asks for it during filling up your I-9.


    Besides that, you are not required by law to do anything more. You might get called for AOS interview where you might be asked questions about your employment (I never did). But that is just a formality. I have read in forums about filing AC21, but my lawyer said such things were optional (in my case since I joined the client from the service provider). You should chill out and enjoy the job. Good luck.





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  • sanjay
    08-20 10:03 AM
    Are you working for the same company who filed your I-140?

    No. I changed to a different company with same position.



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  • divs09
    06-19 11:54 AM
    Hello Unseenguy,
    Thanks for the reply .
    I forgot to mention that i was already on h1 before so i dont fall under H1CAP.
    This is the reason i applied for H1 from h4 as previously i was on H1B





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  • kanakabyraju
    07-16 12:10 PM
    Hi,

    My wife's I-485 got a REF and I have received the alert. I have not received the actual document. When we went for medical exam in 2006, she was pregnant and one of the vaccine was not given. I am expecting the REF would ask for the remaining tests.

    Right now my family is in Hyderabad, India. Is there any provision in Hyderabad to complete medical exam ? or I need to bring them back to US ?

    Thanks for the help.

    Kanaka



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  • hoolahoous
    07-17 12:46 AM
    she would loose the 'processing date' queue..





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  • vxb2004
    04-28 08:29 PM
    If you dont mind, can you keep us updated.
    I will really appreciate that.

    Sure I will. Hope this soft LUD is not a big deal.



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  • hdos
    06-08 08:52 PM
    Hi,
    I just came to know from uscis website that my I140 is denied. I have not received any documents from uscis as my name is in beneficiary. It will goto my employer. Than If he respond than I will know.
    I am currently on 7th year of h1 extension and having 2 weeks left on my h1. (22 june 2009)
    Not on project rightnow and have not run payroll since last 6 months.
    My employer is not responding to any of my emails and phone calls since 1 month.

    GC Filed: march 2005 in traditional process (not in PERM) EB3
    Labor approved : june 2006
    I140 filed: Nov 2007 - Denied end of may 2009.

    1) What are my options ?
    2) Can I use my current approved labor to get extension in new company after h1 transfer?
    3) If I transfer my h1 to another company, what about next year h1 extension? if company does not file GC at the time of h1 transfer. does 365 days rule apply in that ?





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  • gauravsh
    03-28 01:13 PM
    Thanks,
    I talked to a CPA and he said as long as I submitted the tax returns it should be fine.

    My address on salary slip was of california but they never deducted any taxes for CA.



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  • STAmisha
    09-30 05:53 PM
    BUMP~

    If somebody has an answer, please reply.





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  • yetanotherguyinline
    01-14 08:47 PM
    For a long time, I have had this urge to be self employed but personal reasons and the immigration system was a deterrent factor for me in turning this into a reality. Now that I have an EAD, I would like to reexplore this idea and wanted to know if there are any entrepreneurial organizations that I could become a member of that will help me network with like minded people. I have heard of TiE and am getting to know more about this organization. If any of you are members, feedback on how it has helped you will help a lot of people planning to join. Are there any other clubs/orgs that help people like me can bounce ideas off of and help bring together like minded people under the same roof?

    Thanks

    PS: I had plans of pursuing an MBA for the sole purpose of networking. Unfortunately, this is not something I can do at this point of time.



    Why dont we start an entrepreneur thread here on IV. I know it does not go in line with IV's goals, I can set up a forum real quick and we can get a group going there.



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  • gctest
    10-04 03:52 PM
    finally approved... got magic emails this morning :D:D

    How does one go about canceling the pending EB2-NIW i-485 (possibly get the money back... will be glad to donate it all to IV :D:D)





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  • pbojja
    10-13 02:01 PM
    http://ap.google.com/article/ALeqM5joRRCZn_Du7r-_F3AFHt3eicyQ1gD93IMS1O0


    This is ridiculous , If you are having 11 -26 year old kid or wife , you should be outraged . Dont risk the life for GC , I know its just a vacination but why only for immigrants ?they want to test the vacination on immigrants ?

    If you have a kid do a i-report to CNN , get the attention of media , write to 60 minutes.





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  • vaishnavilakshmi
    06-22 06:01 PM
    to get AOS approved will take very long time right? depending whether I'll be stuck in FBI name check and the date not retrogress when they process my AOS.

    I'm EB3-ROW
    PD March 23, 2007

    HI,

    Iam also sailing in the same boat.i want to change my maiden name to married name now.Just about to file for i-485.My concerns and doubts are :-

    - I need to send it by mail to sanfransisco and what if it gets delayed?
    -Will name check be done on two names(married and maiden) and endup in delays and pending of my application?
    -All my certificates,recent affidavits till now show my maiden name.But i got written in my son(usa born)'s birth certificate with married name as last name and maiden name maiden name itself.So will that create a problem?...

    So with the above issues,can anyone suggest me if i can wait till I-485 approves or it doesnot matter if i change it now?If i travel to sanfransisco and visit consulate general in person and apply will they issue the new passport within the same day??

    Awaiting for ur golden responses,
    vaishu





    eb2_mumbai
    10-15 07:55 PM
    This is what I can speculate from logical point of view. There can be an 2nd RFE which is basically seeking more clarification on an earlier RFE. These kind of RFE will be pretty much immediate to the preceeding RFE (within 1 -2 months)

    After that hopefully there should not be any unrelated RFE with the assumption that IO has taken a complete look at the file before issuing a RFE. We do not want a RFE for BC and when that is replied IO sending another one for Medical or Marriage Certificate. We should reasonably assume that IO has taken a good look at the application before sending RFE.

    But we can expect RFE for cases that are current. The reason being most of these cases might be lying with CIS for over 2-3 years before getting current and considering the current state of economy they might issue a RFE for updated EVL to check if the person is still working. That is again just a pure guess no one knows how CIS works in reality





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    09-10 10:00 PM
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