Monday, June 27, 2011

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  • GoneSouth
    07-17 03:51 PM
    So do I actually have to be in the US to mail in the AOS forms (I-485s)? I've been a legal US resident for years on an H1-B, and have been fortunate to have never had out-of-status issues or anything like that. BUT, as it happens, I'm up in Canada on vacation at the moment, planning to return next week. I've never had to get a visa stamp or surrender I-94 or any of that stuf.

    Do I need to actually be back in the US before lawyer sends in AOS forms ? Or is it sufficient that I'm a resident and will be back in the US once the AOS is processed.

    - GS





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  • meridiani.planum
    02-01 05:23 AM
    thanks for the reply..this means having a dependent visa is the key at the time of approval..

    if the application was approved and the wife was on h4 (but didnot file her i485 yet..) then she could still file for her i485?

    yes. if your wife was on H4, as soon as your 485 is approved, her H4 ends. However since your 485 is getting approved, your PD is presumably current meaning she is eligible to immediately file 485, and get to that as a legal status. If she has a dependent visa approved, and has travelled here thats nice, otherwise she has to file a 485 from your home country as a follow-to-join and htat can take some time for her to travel here.

    There is no 6 month grace period as such. Its just that upto 6 months of out-of-status is forgiven at 485 approval, and since on your 485 approval your H1 ends and so does her h4, it makes her status-less here. Being in that state upto 6 months is forgiven for 485.

    Its most important that you get married before the approval of your 485. Do court-marriage if your PD is current, to be on the safe side, even if the actual ceremony is still a month or two away. When to honeymoon is upto you. Cant let USCIS decide EVERYTHING, can we...





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  • luckylavs
    09-25 02:47 PM
    Because there is little certainity about the Green card many people hesitating to buy houses. There is good chance that the housing market will definitly improve if the Green card waiting period decreases.





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  • sledge_hammer
    05-14 04:12 PM
    Not too many EB2 Indians will benifit from this movement???



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  • kumar1
    09-26 09:18 AM
    You can do that, however, you would find that after 10 years, you are still looking at different US consulates for visa interview but your friends who remained with one employer, got their GC and they have lot more freedom than you do. It is a very difficult question. Either you can move from job to job and get paid more or you just stick to one, sacrifice some money/flexibility but get thing done in one shot.
    Worst possible case would be - you realize after 6 years that you should have stuck with one employer!





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  • eager_immi
    07-19 05:24 PM
    She should go on h4. If she wants her ead she can file once you get AOS receipt No. unless u alreaqy filed for it. If u already filed for her ead you should still wait for her to quit her h1 job till the ead comes through.

    Can someone give me answer for the second question:
    2. My spouse's AOS was filed with mine as dependent. She has a H1 of her own and is working. Now, after the I485 receipt comes back, if she leaves her job, will she be in status (or does she need to move to H4? I'll stay on H1 and won't invoke EAD unless necessary). My understanding is, with the receipt, she is in status no matter what (unless the I485 gets denied).



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  • JunRN
    09-17 10:10 AM
    Once this bill passed the Committee, there are more work to do. We need to call again so that it will be put to vote at the Full House level and then, at the Senate.

    I sent "Thank you!!!" flowers to Sen. Menendez for sponsoring the same bill in the Senate.

    Let's call again today. Time is precious.





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  • ragz4u
    03-15 11:39 AM
    hi Super_Moderator,

    Why cant we try to add now..instead of waiting for later time..to add this ammendment thru some senator or somebody for filing 485 during retrogression...

    just to know whey we need to wait for later to add this...

    Unfotunately thats not the way the US political system works! Just as we are trying to get pro-immigrant stuff in, there are others who are trying to negate our force and in fact get any pro immigrant stuff out! Example, numbersusa.

    As I have said in my previous post, we are trying to push for the pro-immigrant package at every step. It could happen now, it could happen later, in the worst case it might not happen at all! There are a lot of forces involved in this.

    What is in our control is to keep trying and not give up till the very end. And make no mistake, we are doing that every second coz we are in the same boat as you are.



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  • humdesi
    02-17 03:59 AM
    Which was effectively nullified by


    "Default Re: Predicted Visa Bulletin movement
    Nothing was said, but logically, unless there is worldwide EB3 movement, EB2 for China and India can't advance. EB for India and China have already maxed out for the year and all additional movement is based on leftovers from the rest of the world."





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  • paskal
    08-22 03:44 PM
    there's a nice amtrak ride from buffalo to ny- i've been on it many years ago
    that's something to consider too, you could join the NY busgoers once you reach union station!



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  • gc_check
    04-12 03:32 PM
    Two Days Left for Submission of Comments to DOL on Substitution Elimination Proposed Rule....

    IV Members, what do you folks think?

    I suggest elimination of labour substitution is good for many of us and also help avoid people getting into the GC line in front of many people waiting for years, Many companies and attorney's suggest the labour substituion must be allowed, but I think the opposite... Any comments on this





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  • ameryki
    03-17 10:47 PM
    Hi,

    My wife, who is the primary green card applicant is planning to change job from desi consulting company to a fortune 500 company. The fortune 500 company wants to invoke AC21 as 180 days have passed from received date and I140 is approved.

    Please let me know if someone has similar experience with the following:

    1. Is there any salary restriction on increase from current salary percentage wise?

    2. Has anyone used sucessfully AC21 in the past and had no issues with EAD renewals and Green card?

    Thanks

    ans 1. it is a fairly gray area. ofcourse salary increase is part of every development and change but if it over the board i.e 50% increase in salary then it might raise a flag (I have read this here in the forum) anything between 20 to 30% is acceptable.

    ans2. AC21 is a fairly common option and has been used by many in this forum and outside after 180 days of filing 485. you should have no problems in renewals etc.



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  • vin13
    01-09 06:58 PM
    None of my friends have lost their jobs. I was recently in India, and everyone i talked to was asking how bad was the job scene in US. I think India and Indians are affected more because of IT consulting jobs.





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  • ksahmed
    11-15 04:31 PM
    Service Center NSC
    I-131

    Primary Applicant:

    10/22: Soft LUD
    11/6: Document Mailed
    11/7: Document Mailed (Soft LUD)
    11/15: Phisically Received (The AP says I-131 was approved on 10/22)

    Secondary Applicant

    10/12: Soft LUD
    10/31: Document Mailed
    11/1: Document Mailed (Soft LUD)
    11/6: Phisically Received (The AP says I-131 was approved on 10/12)



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  • nsveta
    04-23 03:39 PM
    I am glad, member's comments helped you. All said and done. What is the right thing to do now? Expose "this company" as you call them..
    Why don't you post the name of company as you already posted the state and city they operate from, and name of the person with whom you have been going back and forth as you said in your post? That will help everybody including the authorities to take them to task if they are doing anything illegal..

    gapala, I agree with you. However, please let me talk to my friend and I will probably PM you about the details. I do not believe its a good idea to post out here. Sorry.





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  • hopelessGC
    04-20 10:59 AM
    Rather, an Indian dude, or for that matter dudes everywhere would worry the most about the to-be-bride.

    Of course, he doesn't want her financial burdens spoil the honeymoon, jk :D

    Depending on what the payoff amount is, you can try getting a personal loan from DCU or a similar credit union at a low rate and payoff the India loan. And yes, you should check whether 13.5% interest is worse than the 6-7% interest you will pay on a US loan; so crunch some numbers using that calculator that is biting dust.

    One thought...why don't you just pay cash down?



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  • fromnaija
    07-20 04:59 PM
    I'll be checking the source of this. I'll be glad if you could point me in the right direction. Thanks.
    However, this does not apply to the first poster (juz4forums). But it does answer the question of the second poster(immiguy).


    Suject to certain conditions, children born abroad to permanent resident mothers are permanent residents. The requirements are that such a child must be brought to the U.S. on the mother's first return trip, and this trip must occur before the child is two years of age. I think, the child in this situation does not need a visa. Please check with your lawyer.

    The necessary paperwork is processed at the port of entry, based on the mother's permanent resident status and birth certificate for the child.


    ____________________
    Not a legal advice.





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  • GCNirvana007
    04-08 04:00 PM
    Trying to reach you guys for a while now.

    1. How many active users are there as of today.
    2. What are the media we have connection with.

    Thanks.

    I have asked this question for 3rd straight day and yet no answer. Is it some kinda secret deal?. Thought its a public forum.





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  • WaitingYaar
    09-21 06:50 PM
    The dates for filing shown in processing dates released on 9/19 do not concur with this information.





    diptam
    07-17 12:09 AM
    I mean i filed without both of those. Theyare required in the 140 phase , not in 485.

    But keep them handy - in case they wants mail by next day air
    Hi,
    My attorney is requesting that I need to submit Tax return for filing AOS.
    I had sent W2 forms
    Is tax return separate from W2 , I am confused..:confused:

    Pls help





    kaisersose
    07-27 07:47 PM
    Is your question about Approved 140 or Pending 140.
    I am also curious to know.
    As far as I know, employer has to just send a letter to USCIS with the 140 receipt number which states that they want to revoke it and USCIS will locate the file with 485 and revoke it too.
    Bad but what can we do ???????

    Why would your employer do that unless you did something inappropriate?

    As long as the employee does not not step out of line. He has nothing to worry. In this case, the only problem is layoffs for unavoidable reasons in which case it is not the employee's fault. In such situations, the employer will not revoke the 140.



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