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  • speddi
    10-05 07:06 PM
    Speddi

    which serivce center are your applications pending with?

    mine is at Texas Service Center





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  • tomytoota786
    04-05 07:34 AM
    You should apply neither Fiance visa (K1) or Tourist visa (B2) I guess that is the best and fastest way as far as I know.





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  • admin
    02-03 08:21 AM
    Increasing the H1-B limit without increasing EB-GC quota is going to make our situation much worse. People will soon have to wait for 10 years before getting GCs. :eek:





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  • martinvisalaw
    02-23 06:10 PM
    so assuming all goes well i would be protected from deportation from the time of filing until decisions are made?

    No necessarily protected. Anyone who overstays their I-94 is removable (deportable). However, some people can contest that in removal proceedings. One basis to contest a removal order is because the foreign national is married to a US citizen and/or has an Adjustment of Status pending.

    The problem with VWP entrants is that they sign away their rights to contest a removal order, even if married to a US citizen (unless they claim asylum). Worse - they can be removed without a hearing in immigration court, simply by an order of the local District Director. In theory, a VWP entrant who overstayed could file for permanent residence and be issued a removal order and put in detention when s/he turned up for the marriage interview at the District Office.

    I don't mean to terrify you, and most district offices do approve cases filed by VWP entrants, but please check with a local attorney before filing anything.
    __________________



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  • GreenCard4US
    07-16 07:14 PM
    I don't know where there is thread regarding this but this quite a serious matter, we should up the ante. They are sending millions of faxes to all Senators with this false information and guess who the Senators will believe. Can we sen counter faxes but will get lost in their faxes, maybe need to call them. Lets not forget this issue while waiting for the bulletin.





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  • petersebastian
    04-02 01:09 PM
    Get married to your partner.. its legal in states like CT, MA. Not sure if USCIS will consider it legal.

    No, they will not. In fact, if I get married to him, they will deport me immediately.
    Well guys thanks for your help...

    And you're not the only one to tell me to stay here to get my gc. I was also advised to marry a woman just for the gc. The point is that I don't want to do anything illegal.

    But I considered all those options. All I want to do right now is to stay with my partner just a little bit longer, I can't imagine putting an ocean between us again. I understand that I'm already in a difficult situation, and I will have a lot of explaining to do in the future when applying for a visa (since as I understand my current one is no longer valid), but I just want to get a ban. That's the only thing I'm afraid of.



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  • Waitingnvain
    07-31 09:04 PM
    H visa by nature is dual intent. One does not lose it after getting EAD.





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  • kittu1991
    11-16 01:37 PM
    If you enter US using your AP even for the same employer you will no longer have your H1B status valid, you an return back to H1B status only after a renewal. After entering US on AP you need to inform you employer. Your status after entering on AP makes you a Parolee.

    Please don't give out wrong information. Noone asking you to reply if you are not 100% sure of what you are saying.:mad:

    Using AP will not invalidate your H1. You can enter in AP and work with the same employer as long as your H1 is valid and you transfer it to new employer if needed.



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  • abhijitp
    06-21 02:48 PM
    Also : 140 gets rejected in following cases:

    1. Degree compatability
    2. Exp + degree in EB2
    3. Financial ability of firm - this only with bad records

    i dont see any other reason why 140 should be rejected i am not over optimistic but any one can comment on these it would great.

    BigBoy, it can get an RFE bcos of insufficient evidence to support "EB-2". A rejection can also happen for trivial reasons e.g. my labor cert was first rejected for a typo (incorrect date), and we had to re-file a week later.

    I spoke to my attorney/HR and they are ok to premium process my first I-140 (which is categorized incorrectly as EB-3 by the paralegal, although the covering letter for that I-140 clearly says EB-2.)

    But my Successor in interest application cannot be premium processed as the original labor app was attached to the first I-140. Apparently there is a rule you can only premium process an I-140 which has the original labor cert attached.

    When I asked my attorney if USCIS will return the original labor cert at the end of the first I-140 decision, she said NO, it is not returned!! Is this true? I was hoping to at least get hold of that original labor cert, so that if the I-140 is somehow rejected then I could use the original labor cert to file a new I-140 successor in interest application under premium processing.

    Comments/suggestions welcome.

    Thanks!
    Abhijit





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  • ps57002
    09-14 06:37 PM
    Can we somehow promote on another tri state radio...rbcradio.com I missed out on listening to this one...



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  • sush
    08-21 11:33 AM
    not sure which center my attorney filed through but on the back of the check, it mentioned St. Paul MN





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  • capriol
    07-06 10:30 AM
    I will be returning from India soon by KLM (via the Delhi-Amsterdam-U.S route), with an AP, 485 pending receipt, an H1B status BUT with an expired H1B visa on your passport? Given that I have these documents, I have decided not to get my H1B visa re-stamped in India. But now, I am getting a little panicked as the time is nearing for the following reasons (and these related questions). Will you please answer them for me:
    (1) If I have the AP documents, the 485 pending receipt, and my HIB paperwork with me (but not the H1B visa stamped in my passport), will I be able to re-enter the U.S? Will there be any problems at the port of entry?
    (2) At Delhi and at Amsterdam, will the immigraiton folks give me trouble if they see an expired HIB visa on my passport? Can they refuse to let me board the plane? Have any of you traveling via Delhi and Amstredam experienced any problems from the immigration folks?
    Please share your experiences. Thanks a lot.[/QUOTE]



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  • hariswaminathan
    02-12 11:43 AM
    People,

    Yes I am guilty. I am one of those Lazy fence sitters caught in reto that peruses this forum on a daily basis looking for for some glimmer of hope.
    Silently i cross my fingers and hope that IV will get something done for us but guilty of doing nothing to help. Sound familiar?

    Let me start by saying that i became a member and watched this forum for over 6 months and did nothing to contribute (whether financially or physically). I'm lazy and theres nothing i can do about it - thats my personality. We all have busy lives and we all have personal agendas and unless we are affected by something directly, we choose the path of least resistance.

    something changed for me last month. I dont know what it was, since it was nothing physical, personal, familial or anything tangible. I was reading the IV website posts "as normal" and while i read all the posts on funding drives, increasing members, those brillant NJ chapter folks etc I was ashamed at how little i was doing towards a cause that had a direct impact on my life and how a small group of people could be so passsionate about the same interest. I was also surprised at the number of mainly Indian professionals in the US who were caught in this mess but at the difficulty that IV was having getting people to get off their a** and do something.

    COME ON PEOPLE - even if we are lazy, self centered, and busy lets at least show that the Indian "minority" in the US is at least a UNITED and PROUD lot. We cant let IV down for a few dollars. "Izzat ka Sawal Hai"

    Well, i thought about it, and thought some more..... and decided i was still as lazy as i was before even after my ephiphany, but i could definitely manage a few clicks with my mouse. So i decided, If can't do anything physical (like pass flyers, meet in DC to help Core, start some fangled chapter locally, or harass my local congresman) then at least i could pass on some financial contribution so that somebody could do it for me!
    So this is what i did

    a) - setup a $20 recurring contribution (Yes its $20 - I'm cheap and so are a lot of you - but $20 is better than nothing - its less than a dinner at a restaurant).
    b) forwarded the website info to a few of my collegues at work and told them what i did.

    I have not made any earth shattering differences by my actions, but at least im doing SOMETHING. This, coming from one of the laziest members definitely should mean something to all of you.

    If you cant contribute your time, at least send some money so someone else can do it for you! Also please stop harrassing IV on where the funds are going - its $20 per month for Christ's sake, not your family inheritance. Let's try and make a difference one way or another. Our national pride is at stake here.

    Hari





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  • wei
    04-18 01:18 PM
    Your lawyer should check with DOL after 90 days(from submission). I requested my lawyer did such thing and got response from DOL for RFE. One month later, I got approval notice.



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  • ufo2002
    09-05 06:12 PM
    Dems getting the house and improve our situation? Doubt it.
    Does anyone remember what Ted Kennedy said about us legal migrants?
    He said we don't have the same issues with the illegals regarding coming into
    this country.
    And what about Diane Feinstein? She's pro-agriculture and anti-IT.

    Remember: Republicans are a party with bad ideas, Dems are a party with no ideas.
    Reps: "We got a really bad idea!"
    Dems: "We can make it sh*ttier!"





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  • bluekayal
    06-22 05:41 AM
    I know of cases where AOS person got laid off and tool unemployment. Remember, GC is for the future. So a letter from a future employer...or being employed as GC is being approved will help. My 2 cents...but check.

    if your EAD is based on YOUR I-140, then I dont think you have a valid status. During AOS, you need to have a job in the same category the EAD is valid for, unless you are the dependent.

    In AOS, you cannot apply for unemployment benefit as it will trigger an USCIS audit.
    By US law, if you are unemployed and are PRESENT in the US, you are entitled to umemployment benefit as you paid into the system.
    By law again, if you are in non-immigrant status (AOS is considered non-immigrant until you get the green card), and you lose your job, you have to leave the country or you will start accuring illegal stay.

    Check with your lawyer before you do anything.



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  • hanu0913
    10-08 03:12 PM
    Your sentences are confusing. Please no offense.

    You can file your wife's I-485(derivative adjustment) once the PD is current. So just relax and keep on looking Visa Bulletin every month to check if the priority dates are current.

    My case : got GC on June. Filed wife's case in June and she has an EAD.

    All the best.

    so here is exact question , what about if i get GC approval before my PD gets current?





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  • TeddyKoochu
    09-25 11:30 AM
    No worries,

    go and check here: The Oh Law Firm (http://www.immigration-law.com/Canada.html)

    in the above link go locating the following news line, read and enjoy

    ""08/14/2009: Will USCIS Discontinue Concurrent I-140/485 Filing Procedure, Replaced by Preregistration and Two-Tier Filing System? ""

    Thanks for this info once again ! I was able to read it. I hope its reality by year end. Giving you green.





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  • bostonian28
    12-10 12:16 PM
    Please look at the below links, it says that one can move jobs after 180 days even without 140 being approved.


    http://www.murthy.com/news/n_yatmay.html


    Any comments / suggestions ?





    gcnirvana
    01-17 12:33 PM
    Hello,

    To issue an Individual Taxpayer Identification Number (ITIN) for an H4 visa holder, the local IRS office is asking Indian passport and Indian birth certificate. It is difficult to get birth certificate in India because the birth was never registered. Is it OK to submit the affidavit given by parents (the kind usually used for immigration needs), instead of the birth certificate, to get the ITIN number. If anyone got their ITIN number by using such affidavit given by parents, please post your reply. Thanks in advance.

    slc_ut

    You've to apply for the ITIN when you file your tax returns. But you should not send the docs to the address shown in the 1040 or 1040EZ, etc. but to the address shown in form W-7 (ITIN). Once IRS assigns an ITIN # to the H4 applicant, they'll send the tax return filing docs along with the ITIN# to the appropriate dept for filing tax returns.

    By the way, you don't need a Birth Certificate for an ITIN, just a notorized copy of the passport will do. Atleast that was the case till last year. Checkout the following site for more info on ITIN and tax returns:
    http://www.irs.gov/individuals/article/0,,id=96287,00.html

    hope this helps,
    GCNirvana





    nozerd
    02-24 08:26 AM
    Not true. TX doesnt have state income tax but still allows H1 and H4 visa holders in state tuition after 1 yr of residence.
    Thanks


    AFAIK States that do not have state income tax do not let H4 visa holders pay instate and make Green Card as a requirement for instate qualification.

    WA state is a good example of the above situation. I don't know about TX,FL,SD,NV,AK,WY which also do not have state income taxes. You might want to look at the instate qualification website for the state you are interested in.

    MD doesn't allow instate

    DC has no instate concept at all :)

    VA,NY,CA,MA,IL allow instate as of my knowledge.



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