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  • fide_champ
    03-22 08:17 AM
    don't know where I should put my request. My husband is on H1B visa ...and I was on H4 .I went India but my H4 was rejected. I don't know what to do...is USCIS also going to reject my husband H1B .. please help

    what's the reason for rejection?





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  • dealsnet
    08-04 01:31 PM
    If he is willing to co-operate, she can file. If she file without his permission, he can cancel her petition any time before adjudication. The petition have the validity until the divorce. If he is not supporting with her GC, nothing can be done. She will loose her H4 status also. She need to find some other way to be in staus like, Student visa, her own H1B, marry a citizen, H1B.
    Hi all,
    One of my friend is separated (not divorced) from her husband.
    can she file 485 by herself. Does she needs anything latest doc from her husband. She does have all the copies of his documents.
    She is thinking she can work if she gets EAD. She does not have anybody here are back home except her mom. Please suggest a solution





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  • what_now
    06-08 02:01 PM
    did you get a finger print notice? as far as I know they wont send FP notice for paper filing..but just want to confirm.

    notice....





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  • saileshdude
    07-26 07:58 PM
    It is best that you never be out of job. If you lose job, try to get one ASAP. It normally takes a month or two to get one if you work hard and try

    Hi Chandu

    Were you able to talk to any good immigration attorney regarding what happens if I-140 is revoked. You can PM me to let me know.

    Thanks.



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  • qualified_trash
    11-14 02:35 PM
    Lawyer told me that I cannot contest. They screwed it up some thing
    I am sorry to hear of your plight. As a public service message, could you post the lawyer's name here..........

    Also if you have time on your H1 - 6 mos and more, you should start the process to file for a LC using PERM. You will not have your October 2003 PD. However, you can definitely continue to live and work here.............





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  • SNLive999
    06-05 05:35 PM
    Hello,

    I live in Massachusetts, Where should I send my EAD application ( Initial EAD, not renewal). My I-485 is pending with Texas Service Center.

    Should I mail the EAD application to the following address:

    Texas Service Center
    P.O Box 851041
    Mesquite, TX

    Thank you for letting me know.



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  • rdehar
    11-27 01:40 PM
    How does it work? It doesn't work anymore :D

    Labor substitution is dead.

    Beware of anyone scamming you in name of labor sub...





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  • nonimmi
    05-29 03:58 PM
    Early 2004 Priority date (EB3 India) may still be possible considering the huge movement happened last month. Who knows?? :)



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  • raj2007
    06-21 03:52 AM
    In case the I-485 is filed concurrently with I-140 or on the basis of a I-140 "pending approval", if the "I-140" is rejected (say because it was incorrectly classified as EB-2 when it should have been EB-3), then is the I-485 also automatically rejected? (My guess: YES)

    If this happens to you, does this mean you may not be able to resubmit I-485 if your "priority date" is not current at the time you came to know it got rejected? (My guess: YES... and this is a scary scenario.)

    Finally, if the I-140 (EB2) is mentions the requirement to be "BS + 5 years of post BS experience", but the the reviewing officer thinks that the 140 application is not supported by "proper" evidence of 5 years of progressive post BS experience.... then would it generate an RFE or would it straightaway cause a rejection of the I-140?

    Experts, please comment. I may have to face this scenario.

    Thanks!

    Abhijit
    Contribution so far: $100

    You should get RFE but rules are changing all the time. If you are not sure file 2nd I-140 with EB3.





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  • pamposh
    10-26 08:36 AM
    guys can someone please let me know what is meant by lud.

    my fringerprinting was done 2 days ago and received ead no ap yet.

    i have seen posts saying online status of i485 been adjusted to lud after
    finger printing done.i donot see any changes online for i485 after finger printing.

    i highly appreciate if someone let me know what is lud

    lud: Last updated Date



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  • styrum
    03-04 07:01 PM
    It's not like he suddenly realized something. The only reason they changed the policy is that they got sued. Period! :mad: They continue the sabotage with processing dates going backward (which is never supposed to happen!), etc, because they feel no threat to their well-being.





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  • english_august
    07-06 08:14 AM
    If somebody wants to create a seperate message, release it, I can dig it.

    There you go:
    http://desicritics.org/2007/07/06/004733.php



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  • When Green?
    07-30 09:05 AM
    Dear Experts and Attorneys:
    Here is my situation:
    My employment was terminated by my Manager (no reasons given on paper, and the reasons he gave me were not valid when I discussed with my previous manager even per the company policy)
    I am in the process of finalizing between a couple of offers (Hopefully would be able to make a decision by sometime next week). My previous manager is trying to get me into his project after I explained my I-485 application status. My PD is Aug-06 (EB-3), I-140 pending.
    My spouse is on H-4. My initial plan before all this drama (Initial withdrawal of July visa bulletin and employment termination), I got all my documents signed and ready to be sent out from my attorney's office.
    After this sequence of events, the attorney refuses to submit my I-485 application (because it could be considered Fraud).
    Now I need your expert advice on the following situations:
    1. Would it be ideal to join the same company in a different department and ask the lawyer to file my I-485? Use the AC21 portability after 180 days of pending application?
    2. I read somewhere that for me to use the AC21 portability, I need to be in the same profile and also same pay range that was approved on my initial labor application. Is it true? I am currently being offered 15K more than what I have been making till now.
    3. I have 3 more years of H-1B left, so what are the chances of getting a new green card process started under EB-2, and port the Aug-06 priority date after the I-140 is approved? How long would you anticipate it would take for me to get to the I-485 stage? Just a ball park from the experience on the forum would be great!
    I have been out of the job for the past 2 weeks. would it be a problem for me while applying for a new labor certification?
    I greatly appreciate your responses.
    Thank you.





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  • suriajay12
    05-13 07:11 AM
    We're all impacted by retrogression and each person comes up with different reasons such as labor substitution or porting from EB3 to EB2 etc. I think that the unemployment rate is a key factor that might be influencing the movement of visa dates. With a double digit unemployment rate for US workers, why will the government want to give green cards to foreign workers.

    Even if you get the green card, you could lose your job and apply for unemployment benefits. The US government does not want increase in the numbers of those claiming unemployment benefits or welfare programs. These benefits are not available to workers on temporary visas.Social security and medicare are also going to be tapped out within the next 10-20 years. These factors could have made them influence the USCIS/DOS to roll the dates back and make it U for all EB3 and to past 2000 for EB2 India. EB2 is current for other countries due to low demand.

    Until the unemployment rate falls to reasonably low (in their view) levels, they have no inclination to act on immigration reform.

    Notwithstanding the DOS explanation for the retrogression, there might be political factors in the background that are not made public.How do we know that this wasn't happening behind the scenes?

    Its not unemployment, but swine flu thats responsible for this retrogression mess. They could imagine this flu will strike in 2009 and hence wanted to discourage people to come to US or to adjust status here. They know immigrants travel more than citizens out of country and to Mexico and hence more chance to get that virus to US.



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  • dionysus
    01-24 11:37 AM
    Filing for I-485 is better as after six months, the employers can not do much. Disagree with this post altogether.


    Of course it is better. I am not denying that. But is it an achievable goal? Is this goal likely to be reached in next one year?

    Asking for greater job flexibility is the goal that IV can reach within this session of the house itself. This is what it should focus upon. This will mean that within a couple of months EB based GC seekers will start getting offers with better salaries and better benefits.





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  • sac-r-ten
    11-10 02:43 PM
    i renewed mine in Apr 2006 in Washington DC and they gave it for 10 yrs. My stamped H1B was expiring in Oct 2007.



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  • vin13
    01-16 01:07 PM
    Isn't recapturing of H1-B when you are trying to determine if you have used up your 6 year limit.

    In this case, he is trying to get out of H1 and get back in. At this time he will be considered on the yearly cap.

    I think we are talking of two different aspects.





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  • shree772000
    08-13 10:53 AM
    Once you are on AOS status you do not need H4. If you have renewed it that's fine it does not matter.
    My wife came to us in 2004 and she got her EAD/AP in 2007 and I did not apply H4 for her ever since. We have have gone out of country and come back in on AP.





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  • eilsoe
    10-03 01:59 PM
    Absolutely horrific...





    DesiTech
    06-01 07:10 PM
    :) Thanks for you info.





    paritp
    02-03 05:48 PM
    Mine was approved on Nov 15th 2010 but still have not received it. I called customer service 4 times but no user.
    Last week I had info pass appointment and the lady told me they will track my package as they have already sent it on Nov 15th. Still nothing

    All the best in you case.



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