Friday, July 1, 2011

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  • garson
    02-18 10:17 AM
    Canada has been using this for skilled worker program, where individuals can apply for Canadian permanent residency independently if they fullfill the passmark. Other countries like Australia, UK and New Zealand also follow suit with different types of difficulties.

    How about US? Would US adopt this?


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  • iman.karta
    12-27 04:02 PM
    Hi all,

    I do have a worry about I140 processing and I hope somebody can help me.
    I finally got my LC approved and now in the concurrent I140 and I485 filling process.
    However, I noticed that there is a minor mistake in filling on my ETA9089.

    My OPT expired on August 14th, 2006 and my H1-B was approved Dec 12th2006. However in the job experience part, there is a booboo. Instead of putting the start date as January 15th, 2007 (which was the date I started working in the company), they put August 14th, 2006. So from USCIS standing point of view, it could mean that I work during the gap between my OPT and H1-B! :(
    Now I am worried sick that they will deny my I-140.

    Any inputs anybody?

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  • fromnaija
    06-28 03:52 PM

    I am currently using EAD. My I-485 is pending status. I am planning to get married in India soon. She will be in India as I can not bring her on H4 and student visa is difficult. So dilemma is about 485 name addition. Can I add spouse's name in I-485 application whenever Priority Date is current?

    If yes, then how does it work? I mean is it possible at all?

    As long as you get married before your I-485 is approved, you can file a 'follow-to-join' petition for your spouse when your priority date becomes current. You will need to submit I-824 when your PD becomes current. Your spouse will obtain an immigrant visa overseas after the petition is approved.
    You may contact an immigration attorney if you cannot file this on your own and require help.

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  • moonrah
    09-23 07:16 PM

    Thanks. Can you please guide me in I-824? As an applicant, can I ask for duplicate of the notice?


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  • nirajnp
    06-02 05:25 PM
    Thanks Aranya..

    Reg. ques 2 - Let me rephrase it

    This is my wife's first H1B which is valid for 3 years ( started in Oct 2005 - Oct 2008). If she does COS to H4 now (June 2008) and if she plans to COS to H1 next year (Lets say March 2009), then will her new H1 application still be considered against the H1B cap (cos her first h1b must have expired in Oct 2008)?

    Where can I find the 2005/2006 Memo ?

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  • susie
    09-27 11:23 PM
    Hi all,

    I'm wondering if there are any successful cases where CSPA and the Patriot Act were combined to ensure that the child remains under 21? My son's name has been deleted from the derivative beneficiary's list, however, he can remain eligible under this F-4 petition if the Consular calculate his age with Patriot Act 45 days. In that case, he can benefit from CSPA. Our case details as below:

    Priority Date: Oct. 16, 1996
    Approval Date: Dec. 4, 1996
    Days of Petition Pending: 49 days
    Child's 21st Birthday: May 31, 2007
    Child's age when visa became current: 21 years 62 days

    Need your advices. Thanks!

    In Adlac 2

    It say if both the CSPA and Patriot apply then the better benefit should be accorded to the alien

    If patriot act does apply add 45 days onto his birthday, but the visa number did not become concurrent till 62 days past birthday.

    How did you get on with the attorney?


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  • I_need_GC
    07-24 10:58 AM
    My personal experience. If money is not an issue and you want your GC process to ride on smooth sail. Hire your own immigration attorney and pay them yourself this way they present your interests not the companies. Ask the company to pay the USCIS fees. Company attorney will always put companies interests before yours.

    My two cent.

    I'm working with an MNC and I'm abt to start my GC processing.I did go through the forum on threads on Fragomen.My employer's preferred attorney is Fragomen.

    How good are they ?Else if not is there any other way I could avoid getting the GC processed by them?

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  • copsmart
    08-18 07:50 PM
    I am hoping someone can shed some light on this situation:

    I filed 140 and 485 concurrently (July, 2007). Today I received an email update saying that a RFE has been sent about my 485 petition. There's a LUD update for my 485 but my 140 seems untouched. What kind of issues with the case would prompt an RFE for the 485 before the 140 is processed? Is this for a second set of fingerprints or could this be something more serious? Thanks in advance for your responses.

    Any issue with Birth Certificate, Marriage Certificate (if you are a dependent), Medical report & etc could trigger an RFE.

    May be your 140 is approvable & 485 will be approved as soon as you reply to the RFE.
    I have seen other posts in this forum where people have reported that they received both 485 and 140 approvals together.

    Whatever the RFE is, reply to it ASAP and you should be lucky enough to get your GC before the dates change.

    Good luck.


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  • immi_enthu
    08-10 06:38 PM
    why the delay even in saying to wait for 90 days ?

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  • hebbar77
    03-15 11:38 PM
    gc28262 : Thanks million times. I cant describe in words how much that info helps!
    No wonder your green dots overflow the line!


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  • thomachan72
    11-03 02:28 PM
    My perm was filed in May 2007 in EB2. Got RFE in July 2007. Replied within 2 weeks. No response since then.

    Can I do anything from my side. Is there any way to contact/request DOL to inquire about the case.

    They are aparently processing audit cases dated September / october 2007 so yours seems strange. I have no idea about how to contact the labor department. Hopefully some one who knows will point you in the right direction.

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  • amaze
    10-27 03:31 AM
    i had no idea. sorry


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  • manand24
    10-23 03:21 PM
    I also got an LUD, no idea what it means? May be RFE or Approval or nothing.

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  • Pro Engineer
    08-05 11:12 AM
    Hello all,

    i could not get answer for this question. for all ppl filed AOS between 2nd july and 17th august, will they process GC application based on PD or RD ?

    Person A : PD august 2005 and I-485 filed on : 15 th july
    Person B : PD august 2006 and I-485 filed on : 2 nd july

    who will get GC first ? Person A or person B ?

    thanks in advance.


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  • aksvk
    09-22 12:06 AM
    I have an approved H1B for teaching Maths, but I got an offer for teaching ESL (I am certified in both the subject). Am I allowed to teach ESL also? Is the visa subject specific?

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  • TheCanadian
    04-19 01:16 AM
    now u guys made me hungry... fark...For man bacon!? Gross!


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  • bobzibub
    10-04 03:27 PM
    you can also change employers immediately. Your spouse is the primary applicant, and hte 180 day AC21 rule applies to her. You can:
    - use EAD whenever you want
    - change jobs whenever you want
    - change job profile however you want.

    - can use EAD whenever she wants
    - change jobs after 180 days
    - change onto a job in the same or similar profile.

    Now if the secondary applicant also has a 140/485 application filed this means that he or she should wait for six months also.. I have an EAD (as of yesterday) from my wife's application. Mine is just the 485 -- no EADs/APs etc. If I contract on the side with my EAD (invalidating my H1b) does my employer find out? Am I obligated to tell?


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  • NNReddy
    06-13 11:12 AM
    I am curious of the average networth of H1Bs excluding their parent's money. The money they just made so far. Not sure how to start a new thread. I read somewhere online there are lot of H1Bs who are working for 10 years are almost millionaires. Can they use their accumulated wealth to do an investment based green card.

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  • grinch
    06-24 07:53 PM
    Haha I was thinking about that one! Thanks for clearing it up!

    09-12 12:58 PM
    bump..guys plz do reply

    10-13 08:42 AM
    You need to consider all possiblities

    1) Best case scenario: Your H1 gets approved before Oct in that case no need to do anything

    2) H1 does not get approved by Oct 31 & No h4 applied then I am not sure if you are in status or not

    3) If you apply for H4 and then you have H1 approval and subsequently H4 approval. In that case least you are in status but you will have to go out of country and get H1 stamped to remain on H1 status.

    I would recommend option 3 as that is safest option though it involves money and stamping hassale it is worth it.

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