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  • desi3933
    06-10 04:53 PM
    Hello Attorney,
    What quota do dependents of Employment based AOS(I-485) LEGALLY fall into - is it the EB quota or FB quota?

    If incorrectly classified? Is there any legal option this mis-classification be corrected?

    Thanks a lot in advance for your time.

    It is 30 days since the posting of this question, and not a single reply from any attorney.

    Let me repeat my understanding on this question -

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

    Have a good day!

    Not a legal advice
    US citizen of Indian origin

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  • onemorecame
    10-25 01:19 PM
    Hi Gurus,

    I got You 2 A# number. one is from I-140 and other is from I-485 which i filled on July 2007.

    Is it any problem to get 2 A#? if yes then what should be plan of action?
    If No then which one is active A# number.

    Please advice.



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  • kubmilegaGC
    09-11 03:52 PM

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  • floridasun
    01-26 05:00 PM
    Charlotte, NC. decent Indian population and growing,nice weather, midway between NY and ATL


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  • satyasaich
    04-23 12:42 AM
    You are correct.
    Remember during july 2nd drama, lot of people got different notice dates and receipt dates. The processing date meaning is Nebraska service center is ready to review applications with receipt date of July11th.

    so if someone mailed on jun 30th and the status online says received on july 26th does it mean that they are not processing these dates as yet? Im kinda confused!

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  • apnair2002
    02-16 09:15 AM
    The Backlog centers should be ashamed of themselves. They make the state DMVs look like an efficient government departments.

    18 more months!!! And they congratulate themselves?

    You know, there is a saying "If you have infinite monkeys with infinite typewriters for an infinite amount of time, eventually they would come up with the exact creation of Shakespeare".

    I hope they are sincere in meeting the 18 month timeline. That would have to mean the certifications are bound to come one after another starting in 2-3 months max.


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  • Canadian_Dream
    07-31 05:00 PM
    Can we come back to US and plan for our india travel or we have to leave to india from there itself?

    You cannot come back to US because VO first cancels the existing valid visas before making a decision to grant a new one. You will have to return to your home country.

    As currently implemented, neither the alien''s country of citizenship nor the question of whether s/he had applied for a new visa while outside the U.S. affects the ability of the alien to re-enter the United States. The amended regulation, which was published in the Federal Register on March 7, 2002 and will be effective as of April 1, will prohibit the re-entry using an automatically revalidated visa of any alien who has applied for a new visa while outside the United States.

    Hi All,

    We are planning to goto canada for our H1 visa extension (actually i changed my job to new employer also). My H1 visa expires on Sept 31st 2007.
    We are planning to go in August 2007 itself.

    Lets say if our h1 extension is rejected or some issue what will be our status?
    Can we come back to US and plan for our india travel or we have to leave to india from there itself?

    I heard that mexico has different rules?

    Thanks for your help.

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  • VMH_GC
    12-15 02:19 PM
    I guess the officer did the right thing. In my opinion you don't have to worry about this. Tear the i-94 from your 797 and send it to lawyer along with your original i-94.


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  • desi3933
    05-04 03:46 PM
    It has to be approved before you can start to work. You can go with premium processing so its approved within a couple of weeks.


    Since he/she has been on H1 visa status before, he/she can start work after filing for new H-1B.

    Not a legal advice.
    US citizen of Indian origin

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  • mangelschots
    07-26 03:16 PM
    IV core-

    Should we lobby Cornyn to break this into two amendments.. one for unused visas.. and other for increasing the number of H1's. I think we have lost out on many occasions because of H1 increase request. I am sure proponents of H1 increase by this time will understand this request.

    given CIR's debacle, anything increasing visa quota is a dead end. Nobody will touch it. I'm not saying it is a good idea, but it will guarantee a failure.

    I suggest sticking to 'technical correction', stuff nobody cares about. Recapturing unused visas can be sold as just doing what congress mandated but bureaucrats were unable to pull off. The US public has no problem bitching about incompetent government agencies.

    It is a different thing to convince everyone to let in even more immigrants that there already are.

    Forget the H1-B quota increase, nobody will touch it.
    Technical corrects may still be possible. Keep the debate as technical as you can. No emotions erupt from technical debates. People will react like 'who cares - I don't understand what you are talking about'


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  • sb724
    08-16 10:37 PM

    Anybody recently submitted evidences to RFE to NSC on 485?
    Its been a week I have submitted, still now no updates on my case. Is it normal?
    Please advise.

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  • Soltan
    11-16 05:08 PM
    Oh wow, I have a similar situation like yours. Who is your employer, send me a pm. I am in the process of converting it to Premium.
    I have talked to an immigration attorney and confirmed that it surely can be converted to PP. Good luck to you. If you go to other forums, I have seen a similar discussion, check it out there as well.


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  • prdgl
    07-07 09:31 PM

    I will be applying for LC in a few days. So, I want to clarify something.

    My ad says MS + 1 yr of experience.

    Question 1: My 1 yr will be prior to my MS so can i use this experience ?

    Question 2: If so Can I show that experience worked back in my country from my very close freind who runs a small software company ?

    He is willing to give me any kind of experince letter and if USCSI calls ready to answer them.

    But just wondering what will be the consequences of doing this. Obviously I can't show any paystubs or W2 forms for that 1 yr.

    What are the other evidences that I may require for this other than employer verification letters ?Please reply, emergency !

    In which stage in GC will they look sriously (does in conitnue till i-485 stage ?)

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  • mss007
    07-21 04:36 PM
    My H1B approved in June 2005 (Renewal) and it was until June 2008, now it is showing Case received and Pending :eek: don't know the reason.
    I got other H1B in Feb 2006 (H1 transfer) but this is fine.... So I didn't care that one.

    I think these are system issues so don't worry....................

    Let us know if again any changes on your I140..



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  • shirish
    11-12 08:49 PM
    I applied without medicals for myself, my wife and my son. I got everything except AP. Did the FP one week back.

    I applied without the medical for my wife, my son and me and I already received my receipts and EAD almost one month ago. My wife and my AP show an LUD yesterday and today but still pending but my son didn't show anything. USCIS received my application on August 14.

    I hope this can help.

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  • msp1976
    04-17 12:17 PM
    As per today I have an H1b visa, I have my I140 approved, and my 6th year ends on April 25, 2008. My actual employer have give a contract that says that upon I become a permanent resident i will have to work for him for 5 years, then if I quit after the 5th year or before I will not able to work on the same industry on all the united states, also mention what my salary would be but there is no mention of increase.

    I do not know what to do , his is almost illegal (I think !), do I have time to change employer and do again my visa, and I140, so I will be on status ??
    Such type of contract is not legally enforceable....So you have to take your own decision....


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  • kaisersose
    07-23 09:01 AM

    I feel that those who concurrently filed I-140/485 in July 2007 are very lucky!

    Here is my situation -

    Previous Employer -
    EB3,PD-Jan'04,I-140 cleared. Switched in June 2007 and wasn't able to file I-485 in July 2007

    New Employer -
    EB2, PD-Dec'-07, I-140 (Feb'08 - pending)

    Question -

    Based on Jun'08 Visa bulletin the dates for EB2-India were at Apr'04. Filed for I-140/485 based on my old priority date for EB3 labor (Jan'04). Explaining USCIS for PD transfer.

    Well, folks at NSC did not understand the PD transfer concept and send my application back. Unclear as to what do now. I guess need to wait until the dates for EB2-India reach Dec'07 such that I can file.

    Any "Creative" thoughts on how to approach USCIS moving forward.

    Thanks in advance for your replies.


    You do not have to wait till Dec 07 becomes current. I assume when you applied for your second 140, you already requested them to use the earlier EB-3 PD. So when your EB2 140 is approved, it will have the earlier PD, which means you can apply for 485 when your 04 date is current.

    Now all you have to do is wait for your 140 to be approved.

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  • tonyHK12
    10-11 12:58 PM
    minor correction, the bill number is S.1085. The thread heading says S.0185, which is actually rhode island medical marij***na :)..... well, its supposed to be a good pain killer.

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  • pncool01
    09-16 01:56 PM
    Feel free to celebrate as you please, but keep in mind the less fortunate - not the ones who are waiting for a GC in this country but those who are waiting for their next meal. Ask your wife to make donation somewhere in India or put some money to charity.

    For me, symbolic act is enough...I am going to keep it simple
    - drive to the border; walk over to mexico and walk back into the US

    You know how Mahatma Gandhi made salt in Dandi (and I do see the oppressiveness and exploitation employers can sometimes bring in this GC process)

    06-25 02:29 PM
    If you didn't receive any paycheck in 2007 you won't receive a W2 from your employer,

    The amount will reflect in the 2008 W2.

    You are fine with that one......Also i am not sure when they reported you as new hire, was it in 2007 or was it in 2008 ...?

    06-17 01:20 PM
    While I understand that there is legal limit on number of times AC21 can be invoked assuming it for similar job transfer, but I was wondering if some one on this forum has changed job multiple times after 180 days of 485 filing.
    My husband recently changed companies for same job profile after 180 days of filing 485 and having I140 approved, but now job is not what he initially expected (in fact lot different in terms of work and responsibility) , so he is now on lookout for another change in same profile.
    His title in both jobs is Sr Software Engineer.

    He is the primary applicant, and has 3 three years of H1-B extension. Is there any chances for RFE? His lawyer at current company did send AC21 letter to USCIS.

    hi vikki, if its of any help, i changed job already twice in ac21. given the eb3-India situation, I am assuming i may be changing jobs couple of times, before I get my GC..hey after all this is what we have been waiting for right??? freedom to change jobs when we want...i was so frustrated sticking to a bad employer for 7 years...

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