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  • new_horizon
    08-03 11:22 PM
    Great idea. But make sure the replies you send are appropriate to the questions. I think those who add that to their signature should be more careful in avoiding jokes or vain words so that others don't take it (signature) lightly.




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  • sk.aggarwal
    03-24 11:36 AM
    My 6 years + recapture time will end in April/May 2011. I am just frustrated with the process.




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  • apchinta
    11-13 09:15 PM
    Same thing happened to a friend, and he complained to DOL. The employer was made to pay the amount with fine.




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  • rbharol
    08-22 12:30 PM
    SKIL exempts applicants with a masters degree from the US and 3 years experience from the annual quotas. This along with not counting dependents should bring considerable relief to even the folks who are still subject to quota.
    You mean 3 year experience in US no matter from where you got your masters degree or
    Only US degree + 3 years experience will get exemption?



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  • ThinkTwice
    09-12 02:18 PM
    Real Life :

    A friend of mine who went to India's premier institution - IIT in India and then to IIM worked for one of the fortune 100 companies here in the US.
    He got married and decided to move to UK because his equally qualified spouse being on a dependent Visa could not work due to the obsolete rules.
    Both husband and wife are well on thier way to permanent residency in UK.




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  • sanjeev_2004
    10-11 05:39 PM
    If spouse uses EAD for employment, what I heard is that the H4 status is no more valid.

    In this case for any reason, if the 485 is cancelled, spouse will be out of status.

    Primary can transfer h1b (if possible) & still be legal, but spouse is illegal to stay any more. There is no legal provision that once on EAD, spouse can switch back to H4. Is this true? I am worried and don't know whats really true.

    Gurus Please guide.:confused:

    I asked similar question to my attorney regarding my wife. My attorney told me. After she use her EAD my wife will be in status until her I485 is pending. She doesn’t need H4 or any other status if she wants to sit in home after using her EAD once.
    I didn’t asked with many ifs and buts but I guess once your wife uses EAD your wife will be in pending valid status until her I-485 is not canceled.

    Usage for your EAD and usage of her EAD is totally independent. But if your I485 cancels her I485 will cancel automatically.



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  • mkrisa
    08-11 01:23 PM
    bumping




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  • ganguteli
    02-03 01:50 PM
    Hi

    I hold a H1b Visa but did not work after coming to US.
    Can anybody guide me regarding my current status.
    My H1 was approved in 2007 quota and i entered US in march 2008..but was not successful in getting a job and my employer is not running any payroll..
    can anybody help me with this??

    thankyou

    Nice try!!

    We all know you are an anti-immigrant trying to post this question and then will try to use it as an example to show how H1bs try to break the law.

    Don't you have something better to do like, finding a job after getting laid off or learning something new to upgrade your skills.



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  • GCFROMOHIO
    05-04 10:39 PM
    Hi All,
    Recently I received an RFE on my Wife's 485 application asking to prove that we both are still married. My lawyer is asking for around $400 to respond to this RFE, We have already paid the lawyer about $7500 until now for our GC process and she is no longer the preferred lawyer for the company that I am working for, but I had to keep my case with her as she has processed all of my applications until now. My questions are:
    1. Can we ourselves respond to the RFE and save the $400.00,
    2. If so, What's the process and what documents that we need to send to prove that we are still married.

    Appreciate all of your help in this regard.

    Thanks




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  • kirupa
    11-11 01:18 AM
    Yep - there 2 more hours from this post to be counted :P



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  • thepaew
    02-10 10:35 AM
    Sent you a PM with my email address. Thx

    Please PM me and I can give out the details.

    THX




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  • gc_lover
    06-25 09:33 PM
    I am not sure about what went wrong with H1/H4 situation. But if you are worried about filing your 485 then you can go ahead with it and later you can add your spouse to your 485 application. Try to get your spouse back ASAP.

    Please check with a lawyer before doing anything.



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  • HumHongeKamiyab
    03-16 12:18 PM
    Agreed.. But again something has to trigger the movement. Eg. I can understand that happening, if you file AC21 and you receive RFE. Or Your GC filing employer revoking your I 140 and you receive I-485 Denial letter etc.

    Or it can simply happen any time?




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  • shana04
    02-01 10:47 AM
    Hey Shana,
    I hv sent you a PM.
    If you could check that.
    Thanks

    please check your PM



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  • rb_248
    08-14 03:34 PM
    Dogking,
    It took about 6 months. From what I understand, they pull your file from the BEC and cross check against your new PERM application. So if you have already got your 45 day letter, your case is already in the system and may be it will not take all that long.


    there is always risk. If the PERM is denied, the RIR will be denied as well, that is the procedure for conversion cases. You can re-file 6 months later.
    I just had my PERM filed. My job hasn't changed and I have 2 years left. My lawyer said it's worth to try. Now I have my finger crossed.

    rb_248, after you filed the conversion how long for you to got it approved?




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  • ImmiRam
    09-13 02:39 PM
    You can always fight....so long u have cash to burn.

    I am talking about Class Action Lawsuites (not sure if it applies to Fefderal agencies).

    btw, I dont get why I am already 'infamous' :)



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  • pyrosleepy
    12-07 11:45 AM
    Validation Error(s)
    You must correct the following error(s) before proceeding:

    * Case Status Retrieval Failed
    * This Receipt Number cannot be found at this time in this automated system. Please check your case receipt number to see if it is correct. If you have questions or concerns about your case status, please contact the National Customer Service Center.

    I have been getting the above message when I try to get a case status online for my I-140.

    I filed concurrently for I-140, I-485 with EAD and AP on Aug 15th at TSC (EB3) and received receipt notices on 10/14/07 for all of the above applications. I also can get case status online successfully for the other 3 applications.

    My attorney contacted USCIS (as they said that I cannot inquire on the I-140 and that it can only be the employer or the attorney) and they (USCIS) said they can see my case on their system but don't know why I cannot.

    Is anybody in the same boat as I am? Should I be worried that I cannot get online status even after 8 weeks from the time the reciept notices were issued? Any advice/input is greatly appreciated.

    I have the same situation. I received my Receipt Notice from Vermont Center for my H1-B extension but get the same error message from their website and phone. I am worried if those guys put aside my file and forgot to enter it in their system.




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  • drona
    07-12 02:39 PM
    He always says he is pro legal immigration and that he is a champion of immigrants. He won't know what that means until he meets us! :) Let's give him some attention!




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  • go_guy123
    10-02 01:51 PM
    Can someone on this forum please let me know if i can keep my Canadian PR after my 485 is approved?
    I dont think approval is going to come that soon for me (I am in EB3 category PD 09/06).
    Reason i have asked the above question is because i have my Canadian PR and i know that i can stay outside canada for 3 yrs out of 5 years to maintain PR.
    Incase, 485 does not approve in 3 years, then i have to move to Canada to maintain my PR (no option left).
    But incase,485 does gets approved within 3 yrs then i will be in a fix as to whether i should keep PR or GC.
    Now if there is an option to keep both, then it is gr8, but what if there is no option. i certainly dont want to loose my Canadian PR as i think in long term Canadian Citizenship is better.

    Someone please respond.

    Long term US citizenship is far better. No confusion about that.
    If you have a GC/US citizenship job opportunities are far far more in US.
    I know because I live in Canada and worked on H1B in US and also worked in India.

    Well for Canadian citizenship you need to physically stay 3 years in the last 4 years.
    Coming back to reality EB3-India with PD of 2006, getting GC in the next 3 years is a pipe dream (really what are you smoking ? I also want to try that) without a piecemeal bill passed for visa recapture etc.

    The strategy would be to make move to Canada after 2.5 years or so (unless your spouse is a Canadian citizen).




    burnt
    05-28 02:13 PM
    Here is my observation

    1. Since your H1 with your original employer A was rejected the next step from your employer would be to revoke the H1 petition ( i am not sure if rejection means automatic revocation)
    2. You implicitly used AC21 by moving to a new employer and working on an EAD
    3. You could have an issue if, employer A revokes your I140. There is some evidence to suggest that lot of such cases are getting NOID and getting rejected. This is based on readings on this forum in other threads.
    4. On the contrary if employer A is not withdrawing your I140 which means he is still willing to support your GC ( implicit meaning is that you will work for him in future). You might get an RFE next time you apply for some renewal or just like that on your 485 asking you for 'proof of employment'. In which case you submit the necessary documentation.

    The key here really is to make sure your Employer A does not revoke your I140. I know the advocates of AC21 have been arguing in the other threads that it beats the purpose of Ac21 if USCIS is rejecting such cases but its a grey area and certainly a cause for concern.

    - cheers
    kris


    Kris - Do you have a case where the applicants I-485 got denied, because of AC 21? When I say denied, I mean someone who even after filing MTR, Contacting CongressMan, and writing to Ombudsman could not reverse the denial decision?
    I personally don't know of any such case. And if you don't have such a case, then please do not scare people.




    WaitingYaar
    01-18 06:50 PM
    Is there any reason that NSC I-140 processing times not moving forward. Moving by 5-10 days every month? It seems that the processing times are over 7 months.