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  • frostrated
    08-10 08:45 AM
    Friends

    This is my situation

    My I 140 approved, my status is F1 COS to H1 B
    My wife situation, B1 (Visitor) COS to H4.

    Now we r planning to change my wife status from H4 TO F1.

    Can anyone with their experience suggest How complicated is my Case!!!!
    Can we file COS by ourself or do you suggest to Hire an Attorney.

    Pl advice

    Thanks

    It is very easy and do not need a lawyer.
    First get admission into a school and then provide your H4 documents and a letter stating that you do not intend to reside in the US post-completion of your education and that you want to return to your country.

    The school will then send your documents to the USCIS for a COS from H4 to F1.
    How do I know this? Coz I went thru this.

    But remember, do not file your 485 as long as your wife is in school. Coz if you go on to an EAD status, it will be very difficult to convert your F1 spouse to EAD. Since you are EB3 wait until your wife completes her education, and either gets a H1 or H4 prior to submitting 485.




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  • gsc999
    06-29 11:12 AM
    My friend

    What else we lose if we stand up the plate to express some legitimate concerns?

    Most of the members of this forum (and so many more) have already lost the prime time of their lives because we just followed the path of playing by rules.

    Unless some compelling personal reasons, i do not see any thing wrong to raise the voice
    ---
    satyasaich,

    I am sorry for the misunderstanding. It seems my attempt at sarcasm didn't work.

    CIR is not amnesty. It is a solution to a problem. People who label CIR as "amnesty" are narrowly viewing the legal definition rather than taking the broader view of trying to solve the problem of immigration. The issue here is not what is the legal definition of amnesty but a comprehensive solution to immigration.




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  • redcard
    04-02 10:01 AM
    Hmm really? I thought that is not possible anymore. Can you give me the details or refer me to a website that has them? Thank you!

    Get married to your partner.. its legal in states like CT, MA. Not sure if USCIS will consider it legal.




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  • shaikhshehzadali
    12-28 09:14 AM
    I can see it in my browser. Good news for NSC as most of the dates moved significantly. Expecting to get news on my I-140 by May 2008 or earlier.

    Which world are u? These dates are there online for more than 2 weeks now.



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  • qualified_trash
    05-17 01:53 PM
    You may try www.shahandkishore.com

    My employer uses them and I have had an excellent relationship with them.




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  • rb_248
    03-31 03:19 PM
    Thanks all for your help and great inputs. IV has helped me a lot.

    I wish you all the best ...

    TKs, GG

    Congrats. Don't lose it. Enjoy your freedom.



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  • learning01
    05-24 02:28 PM
    I think Quinn Gillespie will also opine on that and IV can take it from there.

    Can IV do a press release and circulate thru news wire? IV can write an article about legal immigration and what IV is doing for it. You can submit your release thru sites like http://www.prweb.com/

    They are free and if you pay some fee (I think $80), news will go to many popular news portals.

    This is a good time since all the news engines are seeking articles with keyword "immigration". I am sure this will open some more doors for IV.




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  • vikram_singh
    07-26 08:31 PM
    Guys,

    I just created a search engine (http://immisearch.blogspot.com/) to help all people looking for a better way to search topics around immigration related activites. The search engine came as a result of my countless hours that I spent searching to answers around the web.
    Try searching for any information with h1b, h4, Green Card, I-485, I140, citizenship etc, and the engine should give you a better result.

    Leave a comment at the blog and let me know what else could be improved.
    http://immisearch.blogspot.com/

    Also suggest any sites you may want to add to improve the seach engine.


    -Vikram



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  • immi2006
    05-04 10:00 AM
    Based on Perm Trackers in immigration.com, the rate of approvals for EB2 based on the excel sheets seems like this :

    2005 - EB2 approval less than 30 % of the filing, 39 % is pending for a looooog time, rest are rejects
    2006 - EB2 so far - 41 % of the filing is approved,

    2005 EB3 Approval rate 44 %

    BEC to Conversion to PERM Processs - Rejection rate 78 %




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  • chanduv23
    03-04 11:04 AM
    Dear IV Lawyers,
    First of all a big thanks for all the help to the community. There is a new issue cooking up and is happening more frequently these days and the issue is with aceptance of EAD for employment.

    We have been hearing cases where jobs offers are rescinded, because company deicded not to hire EAD holders or the first question a company representative asks is what kind of work authorization do you have? if someone says EAD, then the process never even goes further and doors are shut.

    i - 9 form clearly says that one cannot discriminate against EAD.

    At the most an employer has to verify if it is 180 days past filing 485 and if the job is similar ( which is in 99.99% of cases which is why the candidate applies for the job). After that, all an employer has to provide is a employment verification letter in case of an RFE/NOID/Wrongful denial - which means that employer does not really sponsor the Green card or transfer the process. Employer does not even have to fill out any forms or do any labor market formalities nor has to file any fees.
    A simple employment verification letter is given for a lot of reasons like home mortgage, loans, bank, DMV and veriety of reasons and this is also a reason.

    My question is - how do we tackle the question if work status is EAD or GC because most times it is asked as a casual question before the interview or during the interview or after the interview.

    My hiring manager who was helping me with my RFE EVL (few years back) told me that in future he wont entertain such things and will make sure he does not hire anyone with such issues. I guess thats is what is happening everywhere because of the RFEs or wrongful denials and with the tough job market, it is a good way to filter out people.

    Your suggestions and comments are appreciated.



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  • rabs
    04-12 06:30 AM
    I paper filed Last week and I wrote the receipt date of previous EAD.




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  • cooler
    07-28 01:00 PM
    This might be a cliche..

    Neither GC nor the Career meet our ultimate end goals

    If you boil it all down, this craziness is driven by three things

    1) Hunger for money
    2) Hunger for Achievement/Recognition
    3) Hunger for materialistic pleasures.

    When you are 65+ years old, I bet none of us would be thinking about GC, Citizenship or for that matter how good the infrastructure in this country is. However I bet we will all be thinking about two things

    1) Financial Freedom/Retirement
    2) A closer and more fulfilling relationship with near & dear ones.

    From what I can remember, I have always wanted to come to the US, enjoy the luxuries of life and escape India. 12 years into this country, none of that joy or excitement remains. What has taken over is planning for an early retirement and peace of mind. To put things in perspective, I am neither approaching retirement nor approaching mid life crisis (I think), I am just 35 years old.

    My goal now is to make my money without sacrificing too much in life, plan out my future and make my way to the beeline. Hopefully the conversion rates wont disappoint us, and I can disappear into the Indian sunset.

    Again, ramblings from a tortured soul.

    Cooler



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  • ashkam
    11-26 01:16 PM
    Hi Guys,

    I am an EB category GC applicant. I am living in US on AOS pending status and working on EAD. I don't have any other legal status in US. My previous H1 expired long back. I also changed my company after filing I-485.

    I am thinking of visiting India now. I will be carrying my I-485 receipt and my AP for this travel. My question is, can I face any difficulty while boarding a flight in India since I do not have any valid visa stamp for US in my passport? If I remember well the immigration counter in India also verifies a person's visa before letting him/her proceed on the journey.

    Also, can anybody foresee any problems while reentering at the US immigration checkpoint in such a case?

    Can somebody who traveled outside US on just I-485 receipt and AP share their experience with me?

    You don't even need the I-485 receipt. Just the AP is enough. However, what you do need to check for is if the airline you're boarding has a changeover stop and if you need a transit visa because many airlines like BA require a transit visa if you're entering the US on an AP.




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  • dyamannavar
    07-18 10:18 AM
    If EAD is not filed along with I485 application, Do we need to wait for I485 reciept to file EAD or a copy of 485 application is enough?

    Thanks,
    Rajeev

    Here is:

    e-file 765(180 $)
    Send copy of 485 along with printout of receipt
    Wait for FP appointment
    Done(got cards 40 days later)


    I already did it for wife, son and myself.

    Saved about 1500$



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  • ziggy7bs
    03-18 12:23 PM
    I am having the same problem. i did not know about the 180 days rule until my LC had expired. what did your lawyer tell u to do? did he call uscis to explain? did he call DOL to see if they could extended the LC? please reply to this. i am going to lose my PD of 020106 if i can"t get them to accept the LC.




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  • psaxena
    02-04 04:21 PM
    Hi, Everyone says I am in and I am in . no one says how and when.

    So I decided to step up for this. Guys please send the list of the members with contact information who are willing to meet & greet. I'll then plan for some place to get together.

    We are just a few indians in AZ , atleast we should meet and it will be good social networking and also will be a big step forward for the cause that we all are together at this portal.

    All the best, looking forward to meet everyone.



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  • backtoschool
    12-28 12:32 PM
    I spoke to some one and he has told me the following:

    (1) Yes, you can take off of education outside US . Make sure that employer does not revoke I-140. And uey, ofcourse you will be returning for a similar job.. ( Yeh right I will do the same job after investing in MBA. LOL. I wont.. its on paper)
    (2) EAD and AP can be applied on one;s behalf in his or her abscence from the US. The catch is that one must return tothe US before the AP that you used to exit before it expires. So the plan would be apply for new AP in your abscence as soon as it is approved return to US for a day or two pick the new one and exit again.
    (3) 485/GC is for future jobs.
    (4) Looks like it is possible.. this is :"similar to a situation where in yoru co decides to send you to a mission outside US for extended period.

    Other questions for folks who asked me:
    My stats
    EB3 - india
    PD Jul 2002

    No, i am not stuck in the name check stuff. Just the BS wait!!!

    SO, guys who else is moving outside US for education?




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  • petersebastian
    04-01 05:58 PM
    You already have the answer : It is 180 days after your I-94 expires, not the day of your arrival.

    Yes, thank you, maybe I wasn't clear about it, but I wanted to make sure that the 3 year ban something I will be facing if I overstay the 180 days, not before. I want to stay here with my boyfriend, as I planned until the end on May, but I don't want to do something that will give me a ban...




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  • bestofall
    12-30 09:56 PM
    How did you find out , that files are assigned to I/O




    IVFOREVER
    03-26 04:42 PM
    EB2 will stay the same as April 08 VB.




    sash
    06-19 09:33 PM
    Hi, I need to travel to India in October. I am told by my lawyers that I cannot travel until I receive the receipt notice for I-485. If my I-485 is filed within the first few weeks of July, when can I expect the receipt notice?

    Also, my husband's H1B is currently under extension. Is there any risk to his traveling to India in October with a receipt notice for I-485? He will need to get H1B visa stamped. Can they reject his H1B visa?

    Thanks so much.



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