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  • prem_goel
    07-05 12:41 PM
    I am kindda in a similar situation. if your wife goes to F1 visa, and the dates become current (i.e you are eligible to apply for 485), you cannot add your wife to your 485 (immigrant AOS) petition on her F1 status. She either will have to come to H-1B/H-4/L-1/L-2 status. I had this conversation long time ago with my lawyer. The reason is that these categories of visas are recognized to have dual intent of migration. F-1, B-1 etc are not so you cannot apply for 485 if you are in any of those category of visas.

    This is the biggest thing why you may have to consider being on H-1B only so that she can be on H-4 and you can add her whenever the dates are current for you again. Secondly, being on H-1B has other advantage for you as well. Suppose there is a problem with your 485 application and (god forbid) it gets denied. Then in that case you are not out of status if you have retained your H-1B status. You can be here in US until your H-1B petition expires and fight for a motion-to-reconsider on your 485 and resolve the issue. Had you been on EAD, you are out-of-status the day your 485 gets rejected.

    I understand that not many employers are keen on doing H-1B due to the costs involved, but it might be a worthwhile option for you to explain to your employer the benefits associated with keeping an H-1B petition.





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  • GC_Optimist
    08-16 11:03 PM
    I was told by my attorneys para leagal (so who knows if this is true or not....) that the ITIN number is the same number that will be issued in the form of ssn.


    I think this is incorrect. Since both the formats are different and in my
    application we validate SSN . which has completly different logic.
    Each number of SSN conveys a particular detail about the SSN. Where
    as we capture TIN also but that validation is completly different.





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  • kondur_007
    08-04 10:07 AM
    Hey, great example and at a good time.

    This is the second major area that needs a great improvement (first being the legislative changes to increase visa numbers somehow). I can't tell, which one of these two issues is more important.

    Now that PD is current for a large number of EB2s, you will see approvals coming randomly (not in order of PDs or RDs); largely due to inefficiency of USCIS. They simply dont have enough resources or mechanism to utilize current resources to deal with what they are dealing with. And so, we come across issues like these. It is unfortunate and sad that things at USCIS are running worse than any government office in third world countries.

    Regardless, I am glad to see one more example of "Gandhigiri at work". At least he got his GC.





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  • kevingonet796
    03-26 04:01 AM
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  • bho123
    08-11 11:35 PM
    I am in the same boat as you. My EAD expires on Sept 12th. Still no response from NSC center. I have few friends that I know, who filed after I did and they all have recieved their EADs. Not sure whats going on.

    I would suggest you call uscis and place a request to expedite or call the congressman in your area to help expedite. I did place an expedite request and fortunately within 5 days from placing the expedite request my status changed from initial review to CPO





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  • forgerator
    12-17 12:08 PM
    its not very wise to be traveling with so much cash. Why not use traveler cheques or do money transfer?



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  • hopelessGC
    04-28 11:20 AM
    I would assume that it is already decided with the exception that a visa number is not available. So a final judgement is pending availability of visa numbers.

    This is a good sign...I think :D





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  • ArkBird
    10-28 02:05 AM
    If it is EB2, forget about it. EB2 and 3 yr degree is big No No. If it is EB3 (seems unlikely as you filed in 04/2007 and EB3 was not current) consult good lawyer and file MTR.

    HTH



    - Pre-approved labor dated 03/2004
    - Filed 140 in 04/2007 and filed 485 in 08/2007. Got EADs as well
    - RFE on 140 after 2 years waiting (in fact it was on the last day of 2nd year. In between, it was passed thru all the 4 centers and came back to same place where it was filed). Education mismatch and other stuff. Employer responded in 21 days
    - 2nd RFE on 140 after 30 days - Education mismatch - Again responded
    - There was no response even after 60 days, so we called and created a service request.
    - Finally the 140 has been denied today. I did not get the notice yet. I'm thinking, it is because of Education mismatch

    The labor was for 4years degree and I have 3 years degree + 1 year post graduate diploma with 8 years experience by the time filing 140. And I did my masters in US, but I got this after couple of months of I filed my 140.

    Please advice what are options available for me.



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  • lonedesi
    01-15 04:54 PM
    This happened with my wife case too. Company applied on June 1 , no update till dec ending , changed to premium processing as we have to go out of country got the approval in two days and copy in 7 days. I think its deliberate. But we are happy that we have it in hand. You cant do anything with this but rather give them extra 1000$ they want.

    You happened to be lucky since you had the option of Premium Processing. But now, even if we wanted to, we cannot opt for it. I am sure, almost 90% of the members who have been waiting for months together would opt for PP (for I-140) if it is available now. I wonder why USCIS has not reinstated PP for I-140 now that they are done with the major workload(receipting,AP,EAD) due to the VB fiasco.





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  • fxok425
    01-10 03:16 PM
    Visa number is allocation depending on country of birth. Country of citizenship doesn't matter. So if your country of birth is one of the retrogressed countries then you have to wait for long time to get a I-485 visa number.

    My husband was born in Switzerland, I was born in China. I borrowed my husband's nationality to submit 485 and 140 concurrently. from the replies above, my case should follow Switzerland, not China. Is that correct? Thanks.



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  • little_willy
    08-15 11:28 PM
    ^^^^^^^^^





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  • prioritydate
    08-13 12:31 AM
    When India won its first Olympics individual medal, someone posted it on this site. People descended on that poor guy asking him to stick to the subject. Now where are those guys? Do I need to assume that they are not offended by this time?



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  • nivasch
    11-22 05:27 PM
    Arnet

    better check with your immigration attroney for your situation.

    It is better to have all visa related documents including I-797, LCA, I-129, passport, w-2, pay stubs, current company employment letter, appointment letter, resume, bank financial statements, work experience letters, etc. call the consulate and verify the reqd docs before you go.

    regd AP, if your previous visa stamping is expired in passport then it is better to have AP when you go outside country for visa stamping. just incase if any problems with your paper and if they didnt stamp, atleast you can use AP to enter US. If previous visa is not expired you can come back to US using that at port of entry and you can go back and get stamping later. better check with your immigration attroney for your situation.

    If you use AP, you should use EAD to work. You cannot use H1 unless if you get H1 stamped in your passport OR if you have already stamped, you need to re-enter US using H1 at port of entry (but either case, you need to go outside US and enter).===>I Just want to input my exp.. here , i am using my AP ( i used Twice as of now) and still working on H1. Only thing is i am still with same employer, who filled my GC and recently i got my 3 year H1 Extension also.
    also staying in H1 is better compared to working in EAD (if AP used at port of entry) because if I-485 is denied in future, you will be considered as "out of status" when you are in EAD and you can't file for another I-485 because you are out of status (unless if you come under certain USCIS relaxations you can file again). But in H1 even if I-485 is denied, atleast you can file another I-485 because you are in status.

    some say if your GC is approved when you are out of country, then you need to use AP ONLY to enter US as they say H1 wont be valid if GC is approved but I'm not sure abt this.

    good luck.





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  • gccovet
    05-21 11:23 AM
    Hi All,

    Last year, my company's lawyer had filed EAD and AP for me. This year, the lawyer is giving me an option to file it myself or pay additional 500 dollars for her to file.

    What all supporting documents would I need from my lawyer to file EAD and AP this year. Do I need a copy of pending I-485, approved labor and approved I-140? Any insight would be helpful.

    Also, any guidelines on filling EAD and AP online would be helpful. How do you submit supporting material if you e-file?

    Thanks.

    HI,
    Check the following links, you will get all your questions answered.

    http://immigrationvoice.org/forum/showthread.php?t=18737

    http://immigrationvoice.org/forum/showthread.php?t=19165

    http://immigrationvoice.org/forum/showthread.php?t=18940

    HTH

    GCCovet



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  • rajeshalex
    10-17 06:05 AM
    Dont do that. Get H1 stamped in india and then come to USA.
    If it is by a desi company, it is not good to come right now. Let him continue in the current job and when the economy/market is good he can come.

    Rajesh





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  • werc
    03-26 04:31 PM
    Could you please link the relevant information.It would be nice to know about it.

    thx


    If you don't have 1 year gap. otherwise you are subjected to.



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  • dba9ioracle
    08-04 10:26 AM
    done





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  • kartikiran
    10-05 02:52 PM
    I am sure this will enhance the reputation of IV more than ever...!!!





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  • EndlessWait
    01-15 07:53 AM
    we've had way too many :mad:





    isthereawayout
    02-22 01:47 PM
    snathan - How different is different enough for USCIS/DOL to be okay with it? Would the num of years of experience be helpful if it was different.

    I guess I am trying to figure out if I should let go of this position and wait for another one to come around if it's the current one is not worth pursuing due to potential issues during I140 stage.

    Thanks





    h1techSlave
    06-21 08:16 AM
    This also demonstrates the lowering standards of education in this country.

    if your wife is bugging you to buy a house ...show them this article :D :D ..and it will help
    -------------------------------
    Female Homeowners Sadder, Fatter Than Renters
    John Carney|Jun. 18, 2009, 11:27 AM|comment27
    Print
    Tags: Economy, Housing, Housing Crisis

    Researchers from Wharton have discovered that female homeowners, on average, outweighed renters by 12 pounds.

    Female homeowners were also carrying around more aggravation, making less time for leisure, and were less likely to spend time with friends.

    "Home ownership can be a much more complex idea than just a straightforward expression of what we call the American dream," says Grace Wong Bucchianeri, an assistant professor of real estate at the University of Pennsylvania's Wharton School. The story was reported on Canada.com

    But what about all the good stuff that comes with owning a home? Aren't homeowners benefiting from the security and independence of owning. Not really. The research shows that when you control for things like childbirth and income, the difference in contentment vanishes.

    "I don't see any strong evidence that homeowners are any happier than renters," says Bucchianeri, whose 600-woman study is under review for publication in the Journal of Urban Economics. "On the other hand, they consistently report a higher level of pain � or what you might call negative feelings � connected to their home, and that's after controlling for all kinds of demographic characteristics, their financial situation, how many children they have and so on."



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