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  • ashkam
    07-24 01:28 PM
    This is what my lawyer says about mergers:

    If your job (description, location and salary) remains same or similar under the new company:

    If the 485 has not yet been filed, you are required to amend the 140. You can file amendment and 485 together.

    If the 485 is pending, in most cases do nothing. After 180 days, you are safe, anyway.

    If your job has changed :

    If 485 has not been filed, you are in trouble. You have to start the green card process over, but you keep your priority date if 140 is approved.

    If 485 is pending for 180 days, the jobs need only be similar.

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  • GCBy3000
    07-26 11:08 AM
    It says "which was ordered to lie on the table"

    lie on the table = next to dead = already in mortuary = some miracle could pull this back to life.

    Anyhow Kudos to Cornyn. Arise , Awake and stop not till the goal is reached. he was beaten several times to death with all his amendments, but still I am seeing him with full of energy when it comes to EBs.

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  • simple1
    05-11 06:49 PM

    Only if "if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section"

    In this case they are eligible for FB2A. So it nullifies that.

    again “respective subsection” is not referring to primary’s subsection.
    same status = parolee, denied etc.
    same order of consideration = PD order.
    respective subsection=the respective/related/corresponding subsection of derivative not the primary.

    This point was already discussed on member's and donor's thread with same subject.
    Member thread:
    Donor thread:

    This thread is for lawyer's thoughts. I appreciate you post your thoughts on the above member/donor threads and let us keep this thread for Attorney only.


    INA 203(d) Treatment of family members

    A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 1101(b)(1) of this title shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section, be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.

    This means that if primary beneficiary is using visa number from EB(2) classification then dependent(s) will also be using same classification as primary beneficiary (i.e. EB(2) in this example).

    Not a legal advice
    US citizen of Indian origin

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  • supreet
    06-30 12:28 AM
    My Wife and I were scheduled to have our fingerprints taken on July 7th and July 9th respectively. Today, we received a letter for my wife and the letter says "Appointment Canceled" "No need to appear at ASC".

    The letter does not say if they are going to reschedule OR the reason for cancelling.

    I am a July 2007 applicant and this is the first FP appts we have got.

    Does anybody have this kind of experience before?
    Do you think I should show up at the ASC on the previously scheduled date OR just wait for a new letter and date.

    My case is in TSC.

    Any comment is appreciated.

    Bipin :mad:
    I got the exact same letter. My wife and I were supposed to go to Oakland on July 7th for our FPs (our first) and today we got the letter which says "APPOINTMENT CANCELLED"; "No Need to Appear At ASC".

    Additional information - I was laif off last month (May). So far my 485/140 status is unchanged (no RFEs...keeping fingers crossed).

    Any ideas what's going on?

    - S


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  • siva008
    02-24 09:08 PM
    Hi NoUserName,

    here more details:

    Bachelors in Civil
    Masters in Civil
    And having 3+ years experience as computer systems analyst

    My lawyer is saying just educational evaluation is fine but after I read the query they are looking for more.

    I really confused how to answer this query, if you have any ideal please help me

    Thank you

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  • smuggymba
    09-17 11:19 PM
    FB spillover from a year gets added to overall EB quota of 140K for next year. And each category gets its proportional share of the spillover.

    do we know how much it is for this year?


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  • amits
    07-17 06:20 PM
    I don't have words to show my gratitude and appreciation for IV team.

    On July 2nd, I was so upset. I did not have a clue of what is going to happen.

    Then I came across IV. I joined it as I was joining any forum remotely related to immigration issues.

    Logiclife is right, in the beginning it's difficult to realize how important IV is. But as time passed I realized the strength of IV.

    When employers, attorney, doctors all were busy making money out of our misery, dedicated core members and others in IV were preparing to take our cause forward and to fight till we got the justice.

    Today, And I am glad to be a part of it...
    I am with you guys for just 15 days, but I feel empowered.

    Today, I was exuberant, and I don't think this would have been possible without so much effort, unity, perseverance, and enthusiasm in our group.

    I am going to be a lifetime member and contributor to the cause of IV family.

    I run my family in US and understand it's impossible to maintain a family and make progress in the target areas without proper money flow.

    To help in that area, I am making first time $500 contribution and then $20 per month.

    Thanks a lot IV!

    - Amit


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  • Jerrome
    05-21 04:11 PM
    I have received RFE for my spouse, I have not received the details yet, but need to clarify the following(i am in touch with my attorney also).

    We applied for her H1 in 2007 April, it got approved on September 2007.

    We also applied 485 in July 2007 so she did not join the H1b Company on September 2007.

    We applied COS to H4 on February 2008 but she started working on EAD from March 2008 onwards, she is still working on EAD.

    Her H4 approved on November 2008(but i was no more in H1).

    I think my wife's status is AOS from July 2007 onwards is that correct? Or is this a problem?


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  • kish006
    11-06 11:47 AM
    Anyone who filed in July still waiting for a receipt / rejection notice?
    I filed on July 2nd - haven't heard anything yet.


    did u gout ur receipt notice. I am still wating on my receipt. I called USCIS yesterday still not there in the system.

    Please let me know if u got ur receipt number.
    any one else who are wating on receipt number who filed I-485 on july 2nd.

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  • sam_hoosier
    03-11 04:50 PM
    I too work for my wife. Example of work, doing laundry, taking kid to his day care, grocery , cleaning etc... The specific answers are below

    1. Can "A" work for his wife and also get paid in check?
    - I get nothing, why should you?.
    2. Can "A" have a second job in his wife's company and retain his original job?
    - Come on man, her majesty's service has to be your first job.
    3. Can "A" have a different occupation anywhere else on EAD not related to his original job role? and then can "A" get paid in check?
    - No comments
    4. Can "A" work for his wife's company and instead wife gets the check or paid? Is that legal?
    - Every thing is legal, till you are caught. See Elliot Spitzer..
    5. Can "A"'s wife open a company on EAD and also keep working on her H1B?
    - Who is this "A" you are continously referring to. Remind me of Amitabh's song. Ek rahe A , ek rahe B, Ek rahe fateh, ek rahe hum.
    6. Can "A" and his wife after EAD work for 2 different jobs if the job description/roles are different?
    - No comments
    7. Can "A" work as volunteer in his wife's company?
    - Come on buddy, you volunteered for the service the day you got married.
    8. Can a software analyst working with a software company work as a trainer in a training institute on EAD with I-140 either pending or approved?
    -No comments



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  • dupedinjuly
    07-10 02:48 PM,1249,680197801,00.html

    Workers feeling cheated by green-card reversal
    By Deborah Bulkeley
    Deseret Morning News
    A surprise government announcement that there were plenty of employer-sponsored green cards available raised Mehul Kapadia's hopes that his wait for permanent residency was finally over.
    But then, a sudden announcement that no new green cards will be issued for highly skilled workers until fall has Kapadia wondering if he'll ever find stability in America.
    The State Department announced last month that employment visa numbers were available for all people seeking employer-sponsored green cards, except unskilled workers.
    Applicants often wait years for those numbers. Kapadia, an Ogden software engineer originally from India, says he's been in line since Dec. 16, 2003.
    For now, he's a legal worker with a temporary visa. So, when he saw he could apply for the green card number, Kapadia underwent the required medical exam and submitted his documentation July 2, the first day it could be submitted.
    Then, that same day, the State Department issued an update stating that "sudden backlog reduction efforts by Citizenship and Immigration Services during the past month have resulted in the use of almost 60,000 employment numbers." The department called the backlog reduction an "unexpected action" and said employment visa numbers would be available again Oct. 1.
    CIS had been working since May to reduce a backlog in applications it already has on file, said Bill Wright, spokesman for the agency.
    "There's a numerical limitation of roughly 147,000 visas available (annually)," he said. "Once we met that numerical limitation, we requested that the State Department post a brand new, revised bulletin that anything after that is no longer eligible."
    The State Department had originally posted the bulletin to ensure that all available visas for the fiscal year would be issued, said Steve Royster, State Department spokesman for consular affairs. Last year, he said, roughly 10,000 such visas weren't issued.
    "Processing visas on file with CIS is going to benefit all the applicants in the pool, and this will ensure the entire allotment of visas for 2007 will be used," he said.
    But Kapadia now says he feels cheated by two federal agencies that said one thing one day and another the next.
    "Nobody knows what happened," he said. "This was kind of a big rejection and sense of being let down, but for what? We still can't comprehend why they acted in this extraordinary manner."
    Kapadia isn't alone. Tens of thousands of people who work in the United States under employment visas and their families were affected by the change, said Crystal Williams, associate director for programs at the American Immigration Lawyers Association.
    "There are people who flew to the United States so they could apply and had their families fly back. They paid attorney fees," Williams said.
    AILA's sister organization, the American Immigration Law Foundation, is considering a lawsuit against the two federal agencies, Williams said.
    "We've gone back now about 25 years and have never found a situation in which a bulletin was revised after the first of the month," she said.
    Neither Royster nor Wright would comment on potential litigation. Wright suggested that anyone who filed an application on July 2 contact their local CIS office to find out the status.
    The fee to apply for a green card increases July 30 from $395 to $1,010, including a fingerprinting fee.
    Kapadia says he isn't worried about the fee hike so much as the freedom he'd receive with permanent residency. He'd be able to travel internationally without restrictions, and establish residency to study for a master's degree. He and his wife would be able to remain in the country if he loses his job, and they'd eventually be able to apply for citizenship.
    "It's kind of a golden cage we are in. We are free, we are in America, but we are stopped from doing anything," he said. "I am looking for the American dream, but it is looking like more of a mirage."


    Contributing: The Associated Press


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  • santb1975
    12-08 11:15 PM
    and the easiest Action Item to work on. Rallying fellow IV'ans to contribute and be part of this effort is not easy as clicking on contribute now.


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  • indyanguy
    01-13 09:40 AM
    We received the RFE letter on my pending I-140.

    I am not sure what they are looking for. We had submitted letters of experience prior to Dec 2004 that added up to 1 year. Basically, I worked with 2 companies during that time.

    Initially I had sent:
    a. 1 letter from Company A
    States my title, skills dates
    b. 2 letters from Company B.
    1 generic letter from HR stating dates, no skills
    1 letter from colleague stating title, skills, dates

    Here's the RFE details. The lawyer is not sure what to do. He says we will simply resend the letters. I don't know if that's a good idea. Can anyone please help?

    Submit evidence the beneficiary obtained the required one year experience in the job offerred, or in software consulting, software development, or a closely related field before December 25, 2004. Evidence of experience must be in the form of letters from current or former employers giving the name, address and the title of the employer and a description of the experience of the beneficiary including specific dates of employment or duties.

    Please note that the petitioners statement of the beneficiarys prior employment is insufficient evidence. A letter of reference must be written by the employer from whom the beneficiary was employed and obtained experience in the job offered prior to December 25, 2004. Such references must be submitted to cover twelve months.

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  • wrldnw4me
    01-31 10:29 AM
    We are under Legal Slavery.


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  • macml
    01-29 05:44 PM
    Sorry, I can't help you out on how to fill out the application. My lawyer did it for me.

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  • WeShallOvercome
    07-23 06:03 PM
    Another issue that I think people like me mght face is if we are already in our 7th year H1B. If we want to invoke AC21 without having EAD in hand, we have to apply for H1 transfer. Now if our employer does not gove I-485 RN or I-140 approval notice, how can we apply for H1B extension?

    I think that is their strategy,

    don't give I-485 RN, don't give I-140 Approval notice, Don't let them apply EAD/AP.........Is there any way out of this if we want to invoke Ac21 in this case?


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  • balakishore
    02-01 11:55 AM

    I know a person who applied two H1s with two different employers A and B. He got reciept numbers for both H1s' After that he hot a ref asking about which company he is going to join with.

    He replied as he is going to work for company A. USCIS again send a ref asking him , why he applied for H1 with two companies when he knows that he is going to work for company A. That issues is still going on.

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  • milind70
    10-09 10:48 AM
    I think something same along the lines in VA is in place.

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  • sunny1000
    11-19 06:23 PM
    Thanks everyone for replying. My I797 shows all the correct dates (ND and RD). Infact, the date online matches the notice date. So, I guess it is ok.

    12-09 04:50 PM

    1) Is it possible to allow minimum ONE TIME contributions like $10?
    Ans: Yes. It can be done through PAYPAL - payment need to be sent to
    2) Is it possible to allow minimum RECURRING contributions like $10?
    Ans: Seeing the need of assuring sure funding IV core team has decided minimum $50/- recurring option.When I am talking to my friends, we felt that the above things increase the
    Contributions. We are also thinking that it is easy to ask friends to contribute if there are no limits on the contributions.

    If I am correct there are more than 25,000 Members. If there are 10% of active members and each contribute $10 we get another $25000 that is required for the Bill.

    My Contributions:
    $50 Recurring Contributions from Nov 07.
    Contributed $100 for the DC Rally.
    $25 to the local Northern California Chapter in Oct 07.
    Contributed to AILF $100 during the July visa bulletin time.


    05-14 02:53 PM

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