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  • meridiani.planum
    11-04 02:41 AM
    inline...

    I thought "we are getting married soon" is implied in my post. Anyways to be more clear ..we are getting married next month i.e. December. I have recently got i 140 cleared . Next month i will have my marriage done and marriage certificate ready. Her country of birth is different that of mine i.e. not India and is current for EB-2. Could you please help me with these doubts.

    1.) I have a masters degree from USA and my employer is willing to file under EB-2. my wife is bachelors. Can i apply in EB-2 for both of us and charge it to her quota since it is current for her country.

    yes. Since your job profile seems to meet EB2 requirements and you qualify, you can file under EB2. She will be a dependent in this case, her qualifications dont really matter, the petition is based on your job and qualifications.

    2.)Would she need to be physically here in USA for filing i 485.

    for filing an adjustment of status, which is what you typically want, yes.

    3.) one of my acquaintance was telling me that the GC we get using cross chargeability is a conditonal one and not like regular GC. Is this true.?

    no. a GC through marriage is conditional, yours is through employment, so its not.

    4.)Is cross chargeability always possible or does it depend on the will and mercy of uscis.

    always possible, its the law, its not upto the discretion of the USCIS

    5.) Is it true that we might have to go through rigorous and sometimes humiliating interview processes to finally get the GC.

    no. Yours is an EB(employment based) case, you are confusing this with getting a GC through marriage to a US citizen. In that scenario people face a rigorous and indeed sometimes humiliating experience simply because USCIS does not know whether you are marrying only for the GC. (Mail-order bride - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Mail-order_bride))

    6.)Does she also have to do MS to use cross chargeability and file in EB-2

    Nope, her qualifications dont matter. Think if this as a team effort: your qualifications take care of the EB2 part of things and her country of birth defines the priority date





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  • sweet_jungle
    12-04 02:15 PM
    Interesting, looks like all these cases got approved ??

    This year in August, most of the WAC I-485 cases were given an unfair beating and were largely neglected in the approvals. Most of these cases are not current now but many will become again next year. So, based on this year's experience, we need to prepare so that we do not again get beaten up. By WAC I-485 cases, I mean cases filed in July 2007 in NSC but were receipted at CSC and sent back to NSC. In g neral, it applies to all cases which were transferred between centers

    There were mainly 2 issues faced:

    1) Biometrics for these cases do not get attached to file. Reason is when we do the biometrics, the results are sent to CSC because the case number starts with WAC. The results do not automatically get transmitted to NSC. Most of us had to make phone calls to make it happen. By that time, precious time was lost and the visa numbers got over.
    The issue will now again come up as most of our fingerprints are approaching 15 month expiry. So, when we again do biometrics in the next few months, the results will remain stuck at CSC.When in July/August in 2009 , we will become current again, our cases will not get picked due to lack of biometrics. So, how do we go about fixing the problem? Writing to ombudsman? I am looking for suggestions. I did write to ombudsman and got some standard response.

    2) Second issue faced was inability to file service requests. Even though processing dates were more than 30 days from receipt date, the system was not allowing filing of SRs as it was taking the reps. to CSC 485 processing times which are stuck at 2006. This is totally unfair and if a LIN person is able to file SR we should get the same right. True, SRs often invoke some useless response. But, if PD and RD are current, it can be quite useful.

    So, I am asking for suggestions for tacking the above problems so that we can be prepared for next year. The time to act is now.





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  • kaisersose
    03-13 04:58 PM
    This is the danger with a "green card shop" company. They constantly have people joining and leaving them. Not a problem for H-1b but a major problem with GC processing.

    Here is an example with company X which has ability pay for up to 50 employees at any point.

    X applies 30 I-140s in 2005 [less than 50]
    X applies 25 I-140s in 2006, and 20 of the 2005 count have quit. Total employees are less than 50.
    X applies 30 I-140s in 2007, and another 20 have quit. Total employees are less than 50.

    One would think since they have less than 50 empoyees and ability to pay for 50 employees, they are safe. This will work for H-1b, but not for GCs.

    Since GC is for future employment, the company is required to have the ability to pay all 85 employees after they become permanent residents. It does not matter if they have quit the company. The asumption is all 85 will be employed by X on GC approval and so X is expected to be able to pay all of them.

    This is what has happened here. When such a problem comes up, then they can (and sometimes do) pull back previously approved 140s too.





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  • vaishnavilakshmi
    09-27 12:55 PM
    Hello All, Pardon me if I'm bringing up the question that's already been answered, but couldn't find any answer anywhere in the forum.

    I just received my FP notice today but my wife hasn't received any. I'll wait few more days certainly before calling USCIS, but has anybody come across this situation? We had mailed all the applications together at NSC and have Receipt Notices.

    Does InfoPass come to any help here?

    Please suggest.

    Hi,

    We sailed in the same boat.I did not get my fpnotice and my husband got.We called uscis and came to know that my appointment is scheduled on the same day and at same time along with my husband.So as per uscis customer representative's instructions,We took the xerox of the lawyer's copy of my fp notice and attended my scheduled fp y'day and everything went fine.Had i not called USCIS and enquire about my fp appointment,i would have missed the appointment waiting for the fp notice.

    Iam not sure if u have attorney,so,First thing,u need to do is call USCIS and findout if ur wife is scheduled on the same day as urs and if it is on same day,she can attend the fp appointment along with u,as u anyways hold the good copy of urs.Thats what the customer rep told me.If USCIS had already mailed her Fp notice and u have not recieved yer, she needs to find her ASC notice number and code number from USCIS to attend the fingerprinting.

    goodluck,
    vaishu



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  • bhatt
    06-05 10:58 PM
    Hi,

    I have been selected for the Green Card Diversity lottery and have some questions:

    I have been working for the past 6 years on a H1B visa and have been laid off in March.
    I am currently out of status, my H1B has expired, but I have an approved extension I797A form and I-94 untill October 2010.
    I am planning to return to my home country July 31 (at that point I will be out of status for 4.5 months, but have not aquired unlawful presence).

    1- Is my Green card application/approval in jeopardy by being out of status?
    2- Is it possible to have my status adjusted and proceed inside the United States?
    3- Do I increase my changes to obtain approval if I return as soon as possible to my home country instead of waiting until July 31st?
    4- Is it possible for me to travel to the US on a tourist visa while waiting for a response from the consular center?http://immigrationvoice.org/forum/images/smilies/smile.gif
    5- Overall, what would be the recommended approach to give the best chance of approval?

    Thanks in advance!
    Congragulations for winning the Lottery!:)
    1. Being out of status for upto 6 months ( 180 days is Ok). generally ?USCIS will pardon it
    2. I am not sure
    3 dont; know
    4. yes
    5. consult a good attorney





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  • p1234
    02-17 07:52 PM
    Congrats!
    Was your service center Nebraska or Texas?



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  • sobers
    05-03 09:18 PM
    In terms of fundraising IV crossed 100K ...that's awesome!
    I'm, and i'm sure a lot of others, are curious where we ended up with the May 1st drive...I think ragz4 mentioned 107K somewhere...folks?





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  • InLineOnLine
    03-10 06:57 PM
    ??



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  • forever
    07-23 04:08 PM
    There was no mention of travellers going out of the country without receipt notice.





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  • linray
    06-14 12:38 PM
    Bolt,
    Could you please update this post? Per the post, I got some points:
    1. Your H1B extension denied and your I-94 card is expired
    2. You filed H1B transfer again using premium processing
    3. You got approval

    Did you get a new I-94 card since your I-94 is expired?
    Do you need to leave the USA for stamp?



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  • superdude
    07-19 01:18 AM
    My lawyer sent me the fedex tracking sheet for the I-485 package sent to:

    USCIS
    Nebraska Service Center
    850 S Street
    Lincoln, NE 68508

    I did not see any PO Box on the Fedex tracking sheet. I am not sure if she put the PO Box on the shipping label or not??

    Is it a big deal?? Will my application be accepted.

    Please help

    It is avery common address. Track the shipment via SedEx, It will be delivered.





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  • Alice141
    03-26 02:55 AM
    Student Visa

    Applying for a UK student visa allows a person to come to the United Kingdom to embark upon a course of study in excess of six months duration.

    The study visa immigration service entails the grant of a UK study permit enabling visa nationals to study in the UK with a view to gaining a recognized qualification.
    Benefits

    The student visa service in itself does not constitute a route to settlement; it does not confer indefinite leave to remain in the UK (ILR) often known as permanent residence and it will not lead to the opportunity to become a UK citizen through British Naturalization. However, a visa for student immigration may allow you to switch to another UK immigration service without leaving the country, upon the successful completion of your course.

    If your course of study lasts less than six months, you may be able to enter the country under a UK visit visa, often referred to as a travel visa or tourist visa. However, the benefit of studying on a UK visa for students is that you will also be permitted to undertake limited employment.
    Duration

    There is no set duration for this type of visa for immigration to the UK, however, visas for students are usually granted for an initial period of one year and are determined by the length of course to be studied. In some cases, a study visa extension may be granted by applying for Further Leave to Remain (FLR) where applicants intend to follow completion of their course with another course of study.

    One route for staying in Britain beyond your course of study, is available through switching to a UK work permit. UK work permits depend upon a specific offer of employment from a British company. Alternatively, you may qualify for the Highly Skilled Migrant Programme, or HSMP, a points based immigration visa for migrants with desirable professional skills. A third option for extending your stay in Britain by a year is the International Graduate Scheme, or for candidates graduating in Scotland, the Fresh Talent: Working in Scotland programme.

    Global Visas can assist you in obtaining your permit to study and can help you to further your stay in the country, should you choose to do so, by selecting the best British immigration service for you. Our consultants are experts with UK immgration law and can manage your application at every stage providing immigration lawyer advice and on arrival services.
    Eligibility
    Course of Study

    A UK student visa applicant must show that they have been accepted onto a course of study at one of the following.

    * A publicly-funded institution of further or higher education (for example a university)
    * A bonafide private education institution that maintains satisfactory records of enrolment and attendance for students and offers courses which lead to qualifications recognised by the appropriate accreditation bodies.
    * An independent fee-paying school outside the maintained sector.

    Applicants for UK student visas must intend to follow either:

    * A recognised full-time degree course.
    * A weekday course at a single institution that involves at least 15 hours of organized daytime study a week.
    * A full-time course of study at an independent fee-paying school.

    Students must be able to meet the costs of their course and accommodation and the maintenance of themselves and any dependents without undertaking full-time employment or engaging in business or having recourse to public funds. The applicants should also intend to leave the country at the end of their studies.
    In-Country Applications

    In-country applications for United Kingdom student visas may not be submitted by Visa Nationals.
    Employment

    Unlike a UK visit visa, or travel visa application, applicants for study permits may take part-time or holiday work but must not engage in the following.

    * Work for more than 20 hours a week during term time (except in vacation periods), unless it is a work placement and part of a study program and the educational institution agrees.
    * Conduct business, be self-employed, or provide services as a professional sports person or entertainer.
    * Work full-time in a permanent job.

    Spouse and Dependent Immigration

    Spouse immigration is only permitted for married partners and unlike a fiance visa or De Facto visa, often known as an unmarried partner visa, your common-law or conjugal partner is not allowed to join you.

    Married partners will be granted leave to remain for a period equal to that granted to the student. During this time, they must be able to support themselves either independently or with the help of the applicant.

    Your spouse will be permitted to work only if your permit was issued for 12 months or more.
    Visitors - visa application guide

    This guide explains what you will need to do if you want to travel to the United Kingdom (UK) as a visitor, and what the Immigration Rules say. It is only a guide but it aims to answer some common questions.

    If you need to pass through the UK in transit to another country, please read our Transit application guide for more information.



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  • GKBest
    10-30 06:24 PM
    I may have to use it for work from January as I am invoking AC21. I am confused now whether to re-apply or just use it like as it is.

    My attorney informed USCIS about the typo error when they received the AOS receipts , but it looks like EAD Card was ordered before USCIS was notified. My Advance Parole has also mis-spelled Lastname. I have USCIS letter confirming typo error attached to my case. Would this be a sufficient proof that my EAD has a different Lastname which is only a typo error?

    Gurus please advise.

    http://immigrationvoice.org/forum/showpost.php?p=190382&postcount=1

    My lawyer advised me to take an infopass to correct the name of my dependent on the EAD card. Instead of "e", they placed "a" and he said that I might as well have the name on the FP notice and I-485 corrected.





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  • rajeshalex
    09-25 02:07 PM
    try work from home jobs. Since you have filed 485 there wont be any out of status issue. If your 140 is approved and EAD is valid you can work full time /part time or sit without any work.



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  • prabirmehta
    03-22 11:25 AM
    Thanks, I'll call Senator Chambliss' office and try to request a meeting.





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  • swarnapuri
    01-22 06:16 PM
    Thank you all!



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  • cleopatra
    02-07 10:57 AM
    We did check that. What we wanted was I.T project manager, but it got classified as CIS Manager.

    We cannot change the job from Project manager to Computer systems analysts.

    I am going to be promoted as Project manager, so we need to get a PM role.

    Is there anyone who got "Project Manager" in EB2 classification?





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  • Canadian_Dream
    08-24 04:36 PM
    Name: Canadian_Dream
    City/Area:

    Question:
    What is the relation between a 3 year H1B Approval granted on an approved I-140 and the underlying I-140 petition ? Specifically, what happens if an employee leaves the company, are the remaining years (out of 3 granted originally) still valid ? What happens if the original employer revokes/cancels the underlying peition on which the extension was originally granted ? Is the H1B petition based on a an approved I-140 linked to that I-140 in anyway once it (H1B petition) is approved ? Please indicate any laws or precedents that can clarify the implications of the above scenarios.

    Thanks,
    Canadian_Dream





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  • venky321
    07-19 02:08 PM
    It might have been okay if you had tried to transfer from H1 to H4 after a few months of being on the bench; but 3 years out of status lol.

    Talk to an attorney, file a DOL complaint against your employer; but if it comes out that you were out of status for 3 years, I think your chances are pretty bleak.





    harish357
    03-13 07:38 PM
    Hi All,

    I am in tough situation. Hope you can help me. I applied and got OPT card on DEC-2007. I thought I can complete my MASTER's by that time but one of my proff gave me D grade and according to University rules, I cannot graduate if I have D grade in Graduating Semester(Even though I have 3.09 GPA including that subject). Right now I enrolled in an online course and I will graduating in MAY2008, at the same time I am in Consultancy who are applying for my H1. They don't have any idea about my Case and are really confused when I gave the Graduation status letter that was issued by our University.

    This is the matter that I have in my Graduate Status letter.

    "This is to verify that harish is graduate student in good standing, currently working on Master of Science degree with a major in Electrical Engineering. He has successfully completed 30 of the 33 required hours of enrollment on his graduate plan of study, and is currently enrolled in the remaining three hours. He has passed his exit examination, and has submitted his application for the degree for the spring semester of 2008. Provided that he successfully completes his final enrollment, he would be awarded his degree. Spring 2008 degrees will be officially conferred on May 26th, 2008. Diplomas and official transcripts that display spring awards will become available approximately the third week of July, 2008"

    Is this enough to apply for H1 in Master's Quota? if not what is the right way to apply and get H1 safely. I am planning to apply H1 with Bachelors even to be on safe side but we all know the chance of getting H1 with Bachelors is very less.

    Please help me what to do with this situation and having letter from the university.





    nashim
    06-06 04:38 PM
    I am in the similar situation but we never know when and what documents are needed since every day immigration law is changing, keeping that in mind, I renewed mine and my spouse�s EAD



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