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Wednesday, June 15, 2011

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  • reddysn
    06-16 09:27 AM
    My lawyer answered that one can work on OPT-EAD till one gets their I-485 EAD. So I guess you dont need to worry. Better check with ur lawyer also.


    My wife has changed her status from H4 to F1 in last
    year. She will be on F1-studies till July mid
    of this year. Few weeks back she got her EAD for her
    F1-OPT, which will start on Aug 15 of this year.

    As I am going to file AOS for her and also EAD, will
    she able to work on her OPT-EAD till she gets her
    I-485 EAD? Or She need to wait till she gets her
    I-485 EAD to work?

    As far as I know she need to wait till she gets her EAD of 485.
    I sent a mail to lawyer he did not respond yet.
    She is going to meet her international advisor on this sometime next week
    , but he does not seem to be an expert in this area.

    any ideas on this one?





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  • sammyb
    11-15 09:53 AM
    Simply and bluntly put

    IV is we. If you are not there , there is no IV. We are in agony and pain. let us scream so high that even deaf may lend their ears.

    What is at stake is you career. We have every thing to loose by doing nothing. I know, I have lost a whole lot. Probably I were better off moving to India after my MBA. I might have been doing much better there. But I am at the point where I cannot let got without trying. Have you reached that point yet?

    Here is my personal story, if you think you can do better here without the Green Card. Think again! I have been slogging in this mess since 1999, even though I have world class qualifications (Full time MBA from a top US school, several years of work experience, PMP and marching toward CFA). All this are futile , if I don't have that stupid work permit with out any strings attached (Green Card)

    Yes I do have EAD. But it is full of restriction. At least let us work together to remove that restriction..

    I don't want any freaking loosers. Loosing is their nature. I want winners to work with me. Are you the one?


    unless we join hands together and come forward nothing will change ...

    because of personal reason I was not able to devote much time to IV recently ... will be involved more now onwards ...





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  • chanduv23
    04-27 10:15 AM
    Ok, lets ignore or shut this down.





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  • jfredr
    07-27 09:00 AM
    can someone please throw some light if any idea



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  • ck_b2001
    09-11 09:03 PM
    i am not sure if my lawyer has the receipts. my case was sent on 6.29.2007 and received on july 2nd.
    i got my FP notice (for my wife also) yesterday in mail for 9/25 appt.
    from the receipt number on FP notice i checked it on USCIS website. it says that they received the 485 app on 30 aug. and the LUD on 485 is 9/3.

    sent Jun 29th, recieved Jul 2nd at TSC. Got FP notice for 10/03. Lawyer recieved Reciepts yesterday with Notice Date of 09/05. LUD was 9/3. Website says they recieved app 30 aug (did not make sense to me). Lawyer further told me i will get EAD Card directly before they will recieve approval notice. AP will be recieved by lawyers directly.





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  • sk26
    04-13 05:30 PM
    Does your spouse also recieved rfe on 485, in my case both of us got the RFE, still waiting for the document ...

    No, I did not recive any RFE on my wife's 485 application.



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  • deepuv
    09-16 12:30 PM
    As I was checking these forums and since one of my colleague received an RFE asking the company's ability to pay the proffered wage for all the 140 filed by the company I wonder if you can enlighten me with any idea on how to respond to the request? and how severely would it effect the other's in the same process with in the company.

    Thank you for help in advance.





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  • alisa
    03-26 11:10 PM
    I was reading up on gift tax. Normally, it is the donor (the person giving the gift) that pays the gift tax (if at all.)

    What if your family (who lives outside the USA, and does not have greencard/citizenship) sends you some money, in excess of $12k.
    Now, they don't file US taxes, so they don't pay any gift tax.

    And this is not declared as an income in your income tax statement.

    Do we have to pay any kind of gift tax or anything on it?
    Do we have to declare it anywhere?



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  • glus
    02-19 01:54 PM
    Hello, I'm wondering what steps I need to take in order to help my husband become a US resident (eventually a citizen but one step at a time). I have figured out that we need to fill out an I-130 but I keep seeing everyone talk about an I-485 and I'm curious if we need to use that one as well, and how many others???

    Really quickly, our history: I'm a 19 year old US citizen by birth, and my husband is a 27 year old undocumented alien from Mexico. We just got married on Valentines day 2011 and I'm pregnant also which is why I would prefer to do this quickly as to prevent a possible deportation although he is an amazingly wonderful guy who's never had a run in with the law, it's just a constant concern of mine. =( He also has a 5 year old son from a previous marriage with an American woman (she cheated on him, and then divorced him) who we eventually would like to get custody for since his mother is a very bad person but that's another story.

    I realize this is a complicated process that most people would suggest using a lawyer for, but I know there's people out there that have accomplished this without one and so that is my goal to do this on our own but I'm thinking that some advice from experienced individuals would benefit me greatly in this task. =) Any help you're willing to give would be greatly appreciated!! Thanks so much <3

    hi,
    Congrats on your marriage. If you are a U.S. Citizen and Husband entered the U.S. in a legal fashion (with a visa or any other LEGAL way) and can prove this, and if he has never been deported, or deported in absentia and has never committed a crime that would cause him inadmissible to the U.S, then you, the petitioner would file form I-130 for husband and at the same time he would file form I-485 to adjust status to a U.S. Permanent Resident. Both petitions would go together in one envelope to one location. Alternatively, you can file form I-130, wait for its approval, and once approved, your husband would need to file form I-485 to adjust status. I hope this clarifies a little bit? Good Luck.
    Once again, if your husband has no criminal history and he entered U.S. legally, this is a straightforward case, assuming you can show the necessary income. Both form instructions explain how to do it and how to submit the applications.





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  • glamzon
    07-20 05:01 PM
    No Clue... on this topic ..sorry



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  • HRPRO
    03-07 12:32 PM
    That is not correct. Even if employer revokes it, the PD is good. The only time you will loss PD is if CIS revokes it due to fraud.

    Krish,

    I did not mention that the PD will be affected. My first sentence very clearly states that his PD will not be affected. The disruptions I mentioned were with respect to his current petition.

    Read carefully before jumping into conclusions.





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  • RandyK
    01-03 04:12 PM
    I am waiting to sign up for the monthly.

    I don't think it is a good idea to restrict members by the amount they contribute. As we already know we only have around 200 members that actually contribute financially out of the 7K membership.

    We are a grassroots organization we need all the foot solders we can get (remember how effective it was in December, when we mobilized together). Restricting users would turn members away and when we loose them, we loose them for good. There will not be any references from those who leave.

    Remember Howard Dean's fund raising campaign mostly they collected $10 and $20 not just big amounts for his presidential campaign. We must take what we can and encourage members to participate. When members see what we do they will volunteer.

    A first time visitor to our website is not going to trust us to give money with out knowing what we are all about. When we restrict them they will never know what we are doing.

    Just think about it. Would you do it?



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  • mbartosik
    02-20 11:01 AM
    MRSR:
    there have been rumors of EB2 India moving out of U.
    Any notes with VB may be more important than the actual movement. So whether it is worth depends on the PDs.

    I interfiled (ROW) in December, I'm not sure if they applied it.
    When I spoke with an IO they seemed clueless about interfiling, thinking that new I485 had to be filed -- plain wrong. So be prepared to check up on them a month after filing. They should be able to tell you if the I140 is assigned to a I485. For me it is academic now because as of March I'll be within PD for EB3 or EB2.





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  • chanduv23
    04-22 11:58 AM
    There is a high possibility that more RFEs are being issued as there is a lot of background processing going on. Th economy is down and there might be instructions from top to review cases closely.

    A denial can happen when RFEs are not responded in time.

    From what I have been seeing on forum - all RFEs that people got for i 485 are not something difficult to answer.

    If you look at RFEs for h1bs - some are very complicated and these days Attorneys are charging around 3K for responding to RFE with no guarantee



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  • vxg
    08-06 08:52 AM
    I took some time to compile the list of INDIA only EB3 and EB2 categories for past 2 years and from the trend, it is very easy to predict the Oct bulletin.
    It does not need a attorney or spies. You just need to work up the numbers.
    I did this only for INDIA. Any chinese can complile it for China.



    MONTH EB2 EB3
    Aug 05 C 01APR01
    Sep 05 C U
    Oct 05 01NOV99 01JAN98
    Nov 05 01NOV99 01JAN98
    Dec 05 01JUL00 1-Jan-99
    Jan 06 01JAN01 01JUN99
    Feb 06 01AUG01 01JAN00
    Mar 06 01JAN02 01JAN01
    Apr 06 01JUL02 01FEB01
    May 06 01JAN03 01MAR01
    Jun 06 01JAN03 08APR01
    Jul 06 01JAN03 15APR01
    Aug 06 U 01APR01
    Sep 06 U 15APR01
    Oct 06 15JUN02 22-Apr-01
    Nov 06 01JAN03 APRIL01
    Dec 06 08JAN03
    Jan 07 Jan03 May01
    Feb 07 Jan03 May01
    Mar 07 Jan03 May01
    Apr 07 Jan03 May01
    May 07 Jan03 May01
    Jun 07 Apr04 Jun03
    Jul 07 C C
    Aug 07 U U
    Sep 07 Jan03 May01
    Oct 07 Jan03 May01
    Nov 07 Jul03 June02
    Dec 07 Jul03 Jun02
    Jan 08 Jan04 Jun02
    Feb 08 Jan04 Jun02

    Here is my analysis.

    Bulletin dates moves by six months as max jump for EB2 and 1 month for EB3.
    Begining of New year in Oct, they conservatively pull back the numbers so as to flush out pending apps.
    Now since they have already flushed apps in June/July, in Nov they will move EB2 by six months and possibly either stop there or make it one full year by moving it by another six months.
    For EB3, they like to get it stuck at mid year so Jun02.

    Guys, give a thought to this trend and see if you can guess more accurately.

    Well they approved EB2 2004 cases in Jul so that means that if there is not a flood of EB2 apps with PD before 2004 the dates should stay in 2004.





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  • neobuddha
    08-28 02:02 PM
    I went through this experience. My I-140 was approved but never received any receipt or approval notice. Finally, my lawyer had to file I-824 (To request further action on an approved application or petition). This is a slow process and it took about 10 months for us to get the duplicate approval. All other request for sending the copy of approval notice etc did not work.

    All the best.

    -NeoBuddha

    Hi,

    My company filed for I-140 around Dec-2007. During first week of Sep-2008 USCIS case status page was showing "I-140 is approved". After that since third week of Sep-2008 case status page is showing "Documents mailed to applicant".

    But neighter my lawyer not my employer had received the approval notice in mail.
    How to obtain the duplicate or copy of this approved I-140? What form need to be submitted? where? and how much time it takes?

    Thanks,



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  • pointlesswait
    01-09 02:13 PM
    it will be a status quo! i will be surprised if it moves!!!





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  • pappu
    12-24 09:03 AM
    Celebrating 2nd IV anniversary: IV action Item

    Dear members,

    IV will be completing a milestone in a couple of days. Let us use this opportunity to celebrate the fact that IV has been able to bring the community together and we have been able to get small successes till now.

    Let us also celebrate this event by inviting as many new members we can and raise the membership of IV.

    You can review IV achievements here:

    http://immigrationvoice.org/index.php?option=com_content&task=view&id=5&Itemid=47


    Pls use these templates to send emails to your friends requesting them to join IV

    http://immigrationvoice.org/index.php?option=com_content&task=view&id=30&Itemid=36

    http://immigrationvoice.org/index.php?option=com_content&task=view&id=58&Itemid=36

    http://immigrationvoice.org/index.php?option=com_iv_invite_friends&Itemid=55

    http://immigrationvoice.org/forum/showthread.php?t=16034&highlight=walking_dude
    http://immigrationvoice.org/forum/showthread.php?t=15976&highlight=walking_dude
    ======================

    If you have a blog, pls post IV related messages, links, Banner ads on your blogs.
    Banners are available at http://immigrationvoice.org/index.php?option=com_content&task=view&id=65&Itemid=36

    Let us also list such blogs on this thread. Here are some blogs:
    (1) http://immigrationvoice.blogspot.com
    (2) http://iv-physicians.blogspot.com
    (3) http://iv-tristate.blogspot.com
    (4) http://dcrally.blogspot.com
    (5) http://www.touchdownusa.org/
    (6) http://skilledimmigrants.blogspot.com/
    (7) http://www.touchdownusa.org/floral/FloralProtest.html
    (8) http://www.tired-immigrant.blogspot.com/





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  • dummgelauft
    03-31 12:42 PM
    For once, I like what Grassley is doing.





    clockwork
    02-02 06:51 PM
    I do not know anyone personal. My company uses fragomen and the lawyer assigned for my case sounds knowledgeable.





    navyug
    10-13 10:22 PM
    Hi,

    My first NIW/I140 was concurrent filed with I485 for both my wife and me. When they denied I140, the USCIS also denied I485s for both of us. I have a pending MTR for that I140.

    While the MTR was pending, I filed another NIW/I140, which was approved. I noticed that the approval notice has the A# that was on the I485 of the first petition.

    So, should I assume that my the USCIS has interfiled my I485 automatically and my old PD is active?

    Thanks.

    Yes. It happened in my case as well. My I-140 was denied from NSC after having filed I-485. It was refiled (yes refiled in TSC, not MTR and got a different case number). After the I-140 denial my I-485 was also denied. Upon approval on my new I-140 the I-485 was reopened automatically. The online status had not changed from 'Denied". I was surprised when I got my second round of FP notices in August 09. Now the status says "Case has resumed processing". I would however suggest that you ask your attorney to send a letter to USCIS.



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