Saturday, June 25, 2011

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  • salai007
    07-17 06:05 PM
    My Big thanks to IV core members !!!

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  • wandmaker
    01-10 12:46 AM
    EB-2, 485 and 140 submitted in June 2007 concurrently, RD and PD both are June 2007. I borrowed my husband's Swiss nationality. Now 140 approved, AP and EAD got, but NC is still pending.

    Just curious: When will USCIS process my 485? According to my nationality or my husband's? If it's mine, god, I may have to wait for 4, 5 years because of the terrible VB backlog! Is it after 485, everyone no matter which nationality, the processing time should be the same. All the world line up together. Please correct me if I am wrong.

    since you are using your husband's nationality (x-chargability), you should have your GC in 6-12 months provided your name check has cleared.

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  • desi3933
    02-23 11:03 AM

    We are in AOS pending status. I am on EAD.

    After seeing the economy I am planning to send my wife to India. She is pregnant (2 months). Now I have job and in future if I get into any trouble with project Etc.. I need to pay the medical insurance and will have lot of financial issues.

    How difficult is to bring new infant to US from India while our AOS is pending and apply 485. (Visitor visa Etc..)

    Any suggestions.


    Since you are not on H1 visa status anymore, child can not get H-4 visa to enter into USA. Your child must get immigrant visa as follow-to-join. Immigrant visa can be issued only when your PD is current. You will need to file I-824 with USCIS. (Link for I-824 (

    Not legal advice.
    US citizen of Indian origin

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  • kaisersose
    03-19 02:58 PM
    There are several instances when a denial notice was sent, but the website continued to show the status as pending.

    So if a denial letter has been received, then the website status means nothing.


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  • rbharol
    08-22 02:14 PM
    Any US postgraduate degree + 3 years prior to I-140/I-485. Read the text of the bill for more details.

    Thanks. Moreover the fact that the unused visas shall be carried forward too should help.
    Specially the ones unused from 2001 to 2005.

    Does anybody know was is the number of unused visas from 2001 to 2005.

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  • kzinjuwadia
    05-14 11:38 AM
    I made an infopass appt and found out that the case was approved couple of days ago. I hadn't setup the email notification.


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  • Hermione
    10-02 12:45 PM
    According to IRS you are citizen(Any one who stays more that 180 days and pays taxes in us is a citizen according to them). You can apply for student Loan as a citizen if you use this clause intelligently. This is how most students get credit cards. If you say you are on H1 to a credit card company they will never give you the card.

    Again this is only my opinion. I might be wrong.:)

    What you are talking about here is called 'Resident Alien' - the IRS definition of someone who pays taxes just like a citizen on a regular form 1040 (by the way, students are non-resident aliens and pay taxes on 1040NR). To open any financial account you must disclose if you are citizen/resident alien or non-resident alien, and yes some companies do not open accounts to non-resident aliens, but it is acutally up to companies where they draw the line - most credit card companies are glad to open accounts to foreign students (hey, it's a free country, you can't tell a company whom to lend the money and whom not, provided it's not taxpayer money).

    The kicker about the student loans is that there is special Federal financing available only for loans taken out by citizens and LPRs (Sally Mae and recent student loan scandal ring any bells? yes, these are loans). So, oups, no luck here without a green cards.

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  • vaishnavilakshmi
    07-09 03:20 PM
    DOS issued one more bulletine today on 9th July 2007 !!!!!!!!!!!!!

    Can u post the link to that bulletin announced on 9th july 2007? We didnt find anywhere ?



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  • amslonewolf
    11-09 01:36 PM
    I am sure many of you would agree with the below observations -

    I lost money in the 2001 stock market because I believed that the market could never down based on all the glorious research reports..

    I lost money again in 2005 as I bought a house believing that a house value can only go up, again reading all the real estate boom that was happening around.

    Now, I keep reading that the Indian market is oh-so good that everyone should go back to India to live in the villas and ride around in the chauffeured cars:)

    Hmm, as always, I have been the last one to get on the boat before it went under. So, with all pun intended, what Indian ETF should I start investing and when should I buy my one-way ticket :rolleyes:

    As my mom always says - Mountains always look smooth from a distance. This time I think I will stay put and wait it out for my GC..

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  • webm
    05-04 08:33 PM
    Did anybody had expierence that they missed a appointment for any reason. What to do next? Go to center and request for reschedule or call national service center?

    Its a worth to try..give it a shot..take Infopass or call nation server center etc..


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  • vijayam
    09-15 05:34 PM
    Thank you for the reply.

    I did my Master's here.

    And I will also make sure to check if we need a BS or MS for my Job. I sure applied for my job on my Master's basis.


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  • indyanguy
    08-07 09:31 AM

    Well, if the employee's qualifications and experience are a match to an approved labor application, why would it not be considered genuine? I understand you being paranoid about LC subs because of the fraud that was involved. To generalize this is however not appropriate.


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  • GC109
    06-22 02:54 AM
    Labor process through PERM can take anywhere from 3 weeks to more than a year (after filing). Most time consuming part is (if you are just initaing the process with your employer) the pre-filing documentation.

    If you have a masters or better, and your current job does not REQUIRE a Masters degree, then you might want to ask HR to change/tweak your job profile. If thats an option and they are willing to do it, might take some time, but in the longer run, you will be better off under EB2 than EB3.

    You will need letters from all your previous employers, verifying the job discription

    Once that is in hand, your company will have to post your job in a newspaper/internal company website/job board and also in a visible place in your company premises for a month (X + 30 days)

    After that 30 day period, you wait for any responses for an addidtional 30 days (X+60 days)

    After that, your company/HR/Lawyer would need some time to put everything together before filing (X + 70 days)

    Bear in mind this is the best case scenario. I started the process in December mid...filed for Labor in 1st week of June.
    On your second point (dates being current), Iam very doubtfull that by the time Iam ready to file for 140/485, the dates will be current.

    And ofcourse, if this ain't too daunting, THE CIR might put a wrench in your best laid plans, There is a talk about May 15th being the deadline for this process, untill Oct-08 when the new point system comes into play...good luck

    Thanks for your response. You have got your Labor approved but don't you think that u can file I140 and 485 concurrently by end of July? Where do think that ur filing is going to get delayed?

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  • bharol
    07-11 04:38 PM
    Hello friends,

    My prority will be current in Aug, next month. I filed I485 last july and my I140 is also approved long back in 2006. After filing I485 i do not see any LUD or anything on my case.

    What will be the chances to get my I485 approve ? Do i need to followup / take appointment ( Infopass) etc ?

    Appriciate your thoughts...

    What is LUD?


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  • kghoshal
    11-22 07:21 PM
    Dear my friends Can I get copy of LC filing copy and 45 letter copy through
    FOIA? I recently got laid off after working 4 years in same company. My employer is refusing to give LC filing copy. In my knowledge to get new H1 as I am 8th year extension from my new employer, I need to have copy of LC filing. I am in dilemma; please guide me if you can. I will really appreciate any guidance from 1V members.

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  • gc_relief
    04-27 03:24 PM
    I have updated my profile..


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  • pnjbindia
    04-11 06:26 PM

    When I applied for my wife's AOS 3 weeks ago as a derivative, my lawyer also wrote in the cover letter to consider my case in cross chargeability.
    But I have not seen any LUDs on my case yet. One point is that , may be I have to wait till my wife has got her FP cleared? Or can I get my case approved before hers? My FP is cleared....

    Do you think they can give me the GC before my wife? Or they both have to come at the sametime... she is my AOS dependent, but i am using her country for cross chargeability.... any thoughts....

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  • Munna Bhai
    01-08 03:38 PM
    They are in mid-30s and if they apply for residency they will finish at age 35yrs and then post-residency is another couple of years. Does mid 30s age in their favour?

    Would like to get more insight on this issue.


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  • Simran21
    10-01 05:35 AM
    While taking a VISA appointment , there is a question which says "Are you applying for same visa class that expired in the last 12 months?"

    Here are my doubts

    1. I had a H1 B VISA which expired in May 2007 processed by my previous employer. As I am applying for the same VISA class , but though a differnt employer, should the answer be 'YES'?

    2. Since my daughter will be appearing for the H4 VISA interview for the FIRST TIME, Is she also eligible to come along with me if I choose "YES" to the question "Are you applying for same visa class that expired in the last 12 months?".

    Thanks in advance.

    06-21 01:24 PM
    thank you for the responses. it does seem to be a bit of bad luck. i only have 20 days before my I-94 expires. are they very strict about when it expires or do i get a grace period?

    for the first option (going out of the country), i need to get a mexican permit to enter mexico and that takes 10 working days to receive. that would leave me with about 1 day in which to fly to mexico and get a new I-94.

    for the second option (I-539), that takes 45 days to process, so my I-94 will expire and i wont have a new one yet, even though i've applied for it.

    if there's a grace period (is there one??) i might take the USCIS option since it'll be cheaper than flying to mexico.

    thanks again for the help.

    04-30 08:17 AM
    Where did you get this info? Could you please point out a reference that says so?

    You have to think about it in these terms.

    1) Say you show the experience. Then it means you were working in US while being on h4. It doesn't matter if you received salary here or not. Like say if some VP of infosys comes to US for a meeting, he is getting his salary in India. But he is here on proper visa to do his work.

    2) On the other hand, h4 prevents you from doing any kind of work while in US. Although u may still be employee of a company in other country, you CAN't work. Simple.

    Someone mentioned a British citizen gets paid in pounds while she works in Cali. See my example of Infosys VP. Its important to know which visa she has. I m sure she won't be on H4.

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