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Monday, June 13, 2011

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  • PDOCT05
    11-03 09:28 AM
    Did you called USCIS?If not call them and check ask for the status.





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  • coolstonesa
    03-10 05:24 PM
    H1B is a work permit and as a dentist she can't work without a license. So H1B can't be filed without a license as she fails to meet minimum requirements to work.





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  • USDream2Dust
    03-17 12:39 PM
    As long as you have money and Good Credit, you should get Mortgage. I did it on EAD last year and they did came back and ask for H1B. Fortunately me and my wife both had valid H1bs and they approved the loan. I guess the problem stems from the fact that very few loan officers understand immigration.

    But I can assure you if you fight with them you can get it. I didn't had H1b visa stamp in my passport and I gave them I94 and it worked after making them understand. They cannot discriminate against you because you are an immigrant.(even though they do on back end without us knowing :()

    Also make sure that loan payments are not more than 42% of both of your Total Gross Salaries. They may deny your loan in that case.

    Loans are getting harder to get day by day even with Good Credit.

    Good Luck
    USDream2Dust





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  • edaltsis
    09-29 10:59 AM
    hi,

    I can give my consultant name and they r very good in salary as well as GC process. If you interested pls let me know.

    regards,
    c
    What do you mean by 'my consultant'? If you are working for a company, you are the consultant/employee but a company wont be a 'consultant'.



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  • fall1998
    05-16 10:12 AM
    So, the count of people still waiting is reducing (many users are saying they got approved in last couple of days).

    I am getting a feeling that USCIS is really clearing out the backlog this time.





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  • Jaime
    09-05 05:24 PM
    Assuming that he is not struck in the name check which is very likely if one has a very common first name or last name

    True, this affects everyone really, but was just saying from what I have seen of my ROW friends. Getting green cards within 1-2 years while the bulk of us wait for 5-6+



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  • senthil1
    06-28 01:14 PM
    Why do you think it is good news? Same Senators will be there in the Senate. Do you think they will accept skil? Not only skil any major immigration bill like AGRI, DREAM act will be stalled till next election.

    ofcourse a very good news...but at the same time if VB for next month is disappointing , what will be next plan of action.. to have SkILL bill or any way to have interim bills passed?





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  • kart2007
    10-24 06:38 PM
    I have called the IRS for this scenario and the IRS rule is that the dependent has to be present in US for at least 180 days. Also they need to have an ITIN applied for (you can also apply for ITIN while filing your taxes).



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  • prem_goel
    08-18 04:22 PM
    If she uses her H4 Visa stamp to enter , will have to file H4 to H1 Chane of status to be able to work on H1.

    I think you probably can get the H-1B stamped as well and have your wife enter as H-1B.





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  • Lasantha
    09-20 09:27 AM
    This is BBC. They even have a link to IV.

    http://news.bbc.co.uk/2/hi/south_asia/7002296.stm



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  • gondalguru
    07-19 10:39 AM
    Thansk for your reply. In the Residency application(ERAS), there are two categories:

    1) Visa - J1, H1, EAD etc
    2) No Visa requirement - Green Card/US Citizen.

    If we check EAD, they will think that we need a visa which we don't
    If we check Green Card, technically we do not have our green cards yet

    What is the best thing to do?

    Check green card. and clarify later with hospital that no visa needed as u have valid EAD.





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  • nayekal
    02-16 03:01 PM
    I don't understand ur reply. I haven't asked question of maintaining legal status. I am maintaining legal status. My question is very simple.
    What documents are required for COS from H1 to H4?
    Where is this question of maintaining legal status coming from?

    I may not be able to answer your question directly, but I faced the same dilemma about wife's H1. I got her H1 changed to H4 by applying I-539. This process is very easy and it too my wife 2 months to get the approval.

    If you are going out of country and try to re-enter US, with COS, it may not be an easy thing right now. It is getting tough these days, since it involves Visa stamp as well and they might ask too many documents from you and your husband. Even though you guys are legal and have got all documents, still it might be a trouble.

    My opinion would be to apply for I-539 and after that reciept, you don't have to work. You will get approval much easier (H1 to H4) compared to H1 to H1 transfer.



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  • lalithkx
    04-22 04:02 PM
    Worried that my dates will become current and no I140 approval in sight

    EB2

    PD 04-27-2004
    RD at NSC 07-24-2007
    ND at TSC 09-14-2008
    I-140 Status pending





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  • rajenk
    02-11 02:22 PM
    Call and ask them how can they do this huge mistake and they will issue one for you as well !

    My older son got a cut on his right thumb yesterday and I was putting a bandage on it and my younger one came and said - " I want also a bandage. Why only him ? Why can't I have it ? " Would you pl answer him ?

    Do you think you are trying to help me here.... I have posted a real question and would like to get some real answers who had got in such a similar situation.

    This isn't funny. Stop your rubbish sarcastic replies, will you....



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  • bigboy007
    11-05 04:15 PM
    Forget about comprehensive bills. With the gridlock in Washington, and both parties trying to gain points for 2012, nothing meaningful will happen !!!!!
    Forget about congress.. Immigrantion reform should start with us Immigrants if we dont go and meet atleast our lawmakers who will help us ?





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  • ponvas
    09-20 02:48 AM
    http://www.washingtonpost.com/wp-dyn/content/article/2007/09/18/AR2007091801944.html
    http://www.ocregister.com/news/green-highly-skilled-1847985-immigration-voice
    http://www.nytimes.com/2007/09/19/us/19immigration.html?ref=us
    http://mangalorean.com/news.php?newstype=broadcast&broadcastid=53421
    http://www.ndtv.com/convergence/ndtv/story.aspx?id=NEWEN20070025734&ch=9/11/2007%205:05:00%20PM
    http://news.bbc.co.uk/2/hi/south_asia/7002296.stm
    http://www.mercurynews.com/lachung/ci_6935022
    http://www.businessweek.com/bwdaily/dnflash/content/sep2007/db20070917_552357.htm?chan=top+news_top+news+index _businessweek+exclusives



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  • desi3933
    07-13 09:48 AM
    What will happen if primary case got approved but dependent case is still pending and at the same time, dependent H4 will be expiring soon??
    Actually my case got approved yesterday, my wife's not yet. Her H4 expires in September. Thanks.

    She is NOT in H4 status anymore the day your I-485 is approved.

    She has 180 days (from your approval date) to file I-485 application, otherwise she has to do follow-to-join CP at consulate abroad.

    Consult a good attorney asap.


    ____________________
    Not a legal advice.





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  • Shujaat
    05-14 02:43 PM
    Hi





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  • lazycis
    02-14 04:48 PM
    Violation of regulations is also affirmative misconduct.
    Here is an extract from my brief

    8 CFR � 103.2(b)(18), titled �Withholding adjudication�:
    �A district director may authorize withholding adjudication of a visa petition or other application if the district director determines that an investigation has been undertaken involving a matter relating to eligibility or the exercise of discretion, where applicable, in connection with the application or petition, and that the disclosure of information to the applicant or petitioner in connection with the adjudication of the application or petition would prejudice the ongoing investigation.
    If an investigation has been undertaken and has not been completed within one year of its inception, the district director shall review the matter and determine whether adjudication of the petition or application should be held in abeyance for six months or until the investigation is completed, whichever comes sooner. If, after six months of the district director�s determination, the investigation has not been completed, the matter shall be reviewed again by the district director and, if he/she concludes that more time is needed to complete the investigation, adjudication may be held in abeyance for up to another six months. If the investigation is not completed at the end of that time, the matter shall be referred to the regional commissioner, who may authorize that adjudication be held in abeyance for another six months. Thereafter, if the Associate Commissioner, Examinations, with the concurrence of the Associate Commissioner, Enforcement, determines it is necessary to continue to withhold adjudication pending completion of the investigation, he/she shall review that determination every six months.�

    The legal alien�s application has been pending for over 2.5 years at the time of filing his complaint with the District Court. So, according to the requirements of 8 CFR � 103.2(b)(18), his application should have been reviewed twice by the USCIS district director (at 1 and 1.5 year marks), once by the USCIS regional commissioner (at 2 year mark) and once by the Associate Commissioner, Examinations, with the concurrence of the Associate Commissioner, Enforcement. There is no evidence on record that these procedures have been followed. Therefore, the USCIS have violated the Federal regulations and �unlawfully withheld� adjudication of the legal alien�s application. Furthermore, 8 CFR � 103.2(b)(18) is not part of the Subchapter II of the Chapter 12 of the INA, therefore jurisdictional bar of � 242(a)(2)(B)(ii) does not preclude review of the withholding of adjudication.





    hoosier07
    07-18 02:59 PM
    Hello guys,

    First of all thank you very much for your answers in advance.

    I am currently on H1-B (valid till 2010) and recently applied for PERM LC. I work for a non-profit organization and the category is EB-2. Nationality: Turkey.

    I was planning to go for my GC but my plans have recently changed. I am planning to get married in 2009 Summer (earlier is not possible). I have done my research and found out that if I receive my GC before I get married, it will be very difficult to get my spouse here.

    I am expecting to get the LC in about 4 months. Then, most probably I can file I-140 and I-485 concurrently as the visa numbers will be available for my case. However, I am not planning to do it anymore due to the reasons mentioned above.

    So, here are my questions:

    Now, the new rule tells that LC certification must be used within 180 days. So, can I just file I-140 while single and even though my visa numbers are current for I-485 (Can I seperate I-140 and I-485 and save I-1485 for after marriage - Summer 2009). Does it matter for the purposes of I-140, if I am single - and then add my spouse to I-485 in the US (She will be on H-4 with me here)?

    I am not planning to change my job. So, would my I-140 have an expiration date?

    Do you have any other suggestions? Thank you!





    FinalGC
    07-19 08:13 AM
    I would also suggest to take an infopass and request for MTR - Motion to Reopen the case...to evaluate the decision. Go ahead and apply for 485 and do MTR, simultaneously.



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