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  • p1234
    10-05 11:44 PM
    Congrats!

    Just a small glitch in your case.. when USCIS approves a case it automatically rejects any other pending application for 485.. infact it is a prerequisite for the AO to check this before the application can be approved. Surprised that in your case it did not happen.

    BTW you did mention that your dependents got approved on your EB2 application and your got on EB1.. seems like USCIS went out of the way to accommodate and change the process in your case...well seems like you might end up getting naturalized in another month of so.. Lucky you...

    after he gets naturalized, he will withdraw his gc and donate the proceeds to IV:D





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  • reachinus
    07-30 10:18 AM
    Can some one please confirm. I hope I am not confusing everyone here. I am filing my I 140 now, I want to be sure that this is safe.....

    thanks for the kind replies...
    Yes is surely possible. To get a reply from the appeals process takes years. What your lawyer suggesting is a good option. Hope you have strong points to over come the cause of the last denial. In case is was due to ability to pay, make sure you are getting paid atleast the Prevailing wage and submit that pay stubs that prove the same.

    Best of luck with your filing.





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  • chanduv23
    02-14 04:39 PM
    This is awesome. I wish I went to Medical school like most of my cousins..too late now

    I wished too :), though i am happy helping Paskal in his efforts now :)





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  • nousername
    03-18 03:55 PM
    I am just wondering how in the world members here get to know where their cases were transferred after receiving a soft LUD?

    My case starts with WAC and I don't remember where my lawyer originally filed my case but since then it has been transferred twice.. God only knows where..



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  • susie
    10-31 01:47 AM
    Thanks for your input, Manderson. My family has been here for four years. We have two sons in England, one of whom is going through the E2 application process, and two daughters, one at University and one in high school. We would all like to stay permanently, but in order to raise the money for EB5, we would have to sell our business and that would put us in breach of our visa conditions.

    The half-centrury old E2 laws need to be updated to reflect the valuable economic input of investors. It is unrealistic to expect people to come here, settle their families and run successful businesses for a few years and then go home. Most decide they would like to stay but have no path to GC.

    We can't just leave the country and start again because of our daughters' education. Feels like catch 22, but I believe reform is the way forward.

    maybe you can re finance your biz and invest the $500,00 and not actually sell the biz, then apply for EB5, once the case is in process you are legal to stay till decision





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  • indiablues
    12-26 09:25 AM
    Hi,

    I stumbled across this thread and this seems to be a great initiative that is managed professionally.

    I browsed though the IV website and forums and have few questions regarding who IV is representing among the employment based immigrants:

    1. I've a 3 yrs baccalaureate degree from India and have filed GC in EB3 category. How do IV initiatives helps me?

    2. My friend have 4yr engineering degree from India and have filed GC in EB3 category. How do IV initiatives helps him?

    3. My boss has Masters Degree from India and has 10 yr of experience. He filed his GC in EB2 category. Is IV for him?

    4. One of my colleagues has just graduated from an US university and he filed his GC this year in EB3 category. Is IV for him?

    5. My other colleague has completed his MS from an US university and he filed his GC in EB2 category. IS IV for him?

    I would appreciate if someone can answer the above questions.

    Thanks,
    IB



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  • apt29
    11-23 02:11 PM
    Checkout this form. You can request duplicate approval. http://www.uscis.gov/files/form/I-824.pdf. But probably your employer should file for it.





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  • waitingGC
    03-09 08:50 AM
    The OVERFLOW from EB1 and EB2 is directly going to EB3!

    Yes, however, i think the overflow from EB1 and EB2 goes to EB3 from other countries than Indian or China.



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  • chanduv23
    12-17 10:15 AM
    My first FP was done in July 2007. I have not yet received second FP notice. Normally USCIS sends second FP notice after 15 months. Is someone else like me?

    I never received my first FP notice and I think there are a lot of people like me here.





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  • nissan_1
    10-26 11:28 AM
    Now I am confused with the PD of labor...

    Here is the scenario -

    Labor - Approved
    PD - April 2007
    I140 Pending
    6th year H1B expiring on march 2008.

    Assuming I140 will not be apprved by March 2008, can we get 1 year Extension?



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  • shanti
    08-03 02:31 PM
    Ok, what I posted is from these guidelines http://www.hooyou.com/lc/perm_eb2vseb3.html , EB2 used to be easier before PERM, it is also possible if position is job zone 4 but SVP is 8 or higher to go via EB2- PERM, I hope you are right in disagreeing though.





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  • GC_LOOKIN
    09-12 12:56 PM
    Just heard this from my friend. His case is exactly the same (I140-NSC approved, July 2nd 9:01 R.Mickels filer). His got transferred to Texas and got receipts last week. No EAD's yet. Got receipt for FP date today.

    Guys, Please update if you hear more of similar cases.

    this sounds encouraging:) hopefully we will get receipts soon



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  • fcres
    07-20 05:18 PM
    This is news to me also. Once my current H1 expires I'm also planning to work on EAD and change to H4. One attorney adviced me to do that so that in case something happens to our I-485, I'll be on H4 and be still on status in this country to appeal for an MTR.

    Another attorney told me to just work on EAD, no need to file H4 but I can if that will give me a peace of mind.

    But what this attorney described here make sense too. If working on EAD invalidates H1, it should invalidate H4 also. But then again like the OP said I have known people who were on H4 and started working when they got EAD and extended their H4.

    Is it different in case its the beneficiary of the I485 thats moving to H4?
    Saloni, have you gotten any more info and could you please provide the link to the memo you are talking about?





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  • dh010447
    03-24 10:11 AM
    Lucky you!! Mine was filed on Jan 5th and still waiting!!

    I think the labor certification is slowing going back to 2 years approval time including PWD. 3-6 months for PWD and 1 year to 2.5 years for Labor.

    My lawyer ('s assistant) told me yesterday that the PWD's are taking 6 to 8 weeks to come back. 8 weeks have past now, didnt really want to force the issue though as it's not just me that's waiting.

    i have until July 1012... Hopefully enough time for my PERM approval...



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  • immigrant-in-law
    04-24 08:50 AM
    The same happened in my case. Got informed by the lawyer yesterday that my wife's 485 has an RFE and that USCIS has asked for a copy of marriage cert and some pictures of the ceremony/celebrations etc. I do remember sending them this stuff when we initially filed 485.

    My lawyer just informed me that I received an RFE on my wife's 485
    USCIS is asking for "Memorandum of marriage"
    Is it the same as Marriage certificate. I have already send the marriage certificate which states that the marriage has been registered under Hindu marriage registration rules. My name as well as my wifes name and date of amrriage is there.

    Why do they need this additional proof Not sure. Has anyone faced this RFE?
    Looks like some crazy guys are working in USCIS hell bent on harassing legal immigrants.
    I have been given just four weeks to respond.





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  • abhishek101
    05-28 07:28 PM
    It does not matter who you are working for what matters is where you are living. Let's say there is a theft at your home while living in US, will you call Canadian police or US cops?

    If the answer is US cops then the answer is very straight forward, you have to play by the rule of the land where you are living,

    there is only one exception

    If you work in a Embassy then you are on the autonomous land of the respective country, so if you are planning to work for Canadian Embassy then you will not need any US visa.



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  • mgakhar
    03-06 10:21 AM
    Well I managed to reschedule my travel so now will be able to get my FP done.

    Other than AP, EAD, Passport, I-797 and ofcourse the FP notice, is any other document that I need to take?

    Manish.





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  • srkamath
    08-06 04:52 PM
    Friends, I Received the magic email today!

    Yes - I cant believe my eyes, my I-485 has been approved today and card production ordered.

    I do have a question: I could not file for my wife's i-485 in July/2007. So, we filed for my wife's application on Aug/01/2008 (Did a overnight express mail on July-31st) as my PD is current as of Aug-1st. So far her application check has not been deposited.

    What will happen now? Is she out of status? I am getting really concerned. Gurus help me out?

    Thanks in advance.

    A green dot guaranteed for the response :)

    Some details:
    I-485 Receipt Date: July/2/2007
    I-140 Approval Date: July/3/2006
    PD: 02/02/2006

    There is a follow to join provision, i'm not very sure about the details but, i believe that you can apply for her 485 before you get your's approved.
    You might want to research this. Good luck.





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  • amsgc
    09-14 11:00 AM
    Here is a EB2-I poll for 2005 taken last month or so

    http://immigrationvoice.org/forum/showthread.php?t=20725





    vin13
    03-09 01:17 PM
    Ok, so one can own but not run a business with H1B, but can own and run with EAD,right?
    Thanks!!

    Right, one can own but not run a business with H1-B, but can own and run with EAD.





    HumHongeKamiyab
    03-16 04:49 PM
    Thanks Fittan. I am waiting for an answer from my attorney.

    HumHongeKamiyab,
    Since your I-140 is approved, your chance of I-485 RFE is very low. I think you should be ok since the key is that on the day your I-485 is approved, you must have a job offer per your labor.

    Fittan



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