badlucky
05-13 10:23 PM
140jibjab,
im also in similar situation. wife wants divorce, but since she doesnt want to return to india, she has applied for H1 lottery and waiting. She is working on EAD and requested me to keep her dependent till 2008 october.
we have applied for divorce in india and we will keep the final judge hearing in october 2008.
i asked my lawyer how to handle 485 situation: this is what he said
1. there is no formal process to remove a 485 application.
2. after u get ur divorce decree, take an infopass appointment and explain/ask what shud be done.
3. he said - most probably, the officer will ask ur WIFE to submit a informal letter requesting abandonment of 485 appln due to divorce, along with copy of divorce decree.
4. in case ur wife does not follow up becos she is not in the country etc, you urself can request abandonement for ur spouse.
5. keep record of the letters and correspondence with infopass/USCIS becos incase u remarry and reintroduce a new 485 for new wife, INCASE they raise a flag that u already have a derivative, then u can use the correspondence proof to show old deravative is not valid anymore due to divorce.
6. Lawyer also said, there have been cases where in abandonment letters were sent, and yet GC arrived in mail. basically he told my wife, if ur lucky and i dont get married before 485 approval, there is still chance u will get ur gc inspite of indian divorce being complete. (looks like US dept does not proactively refer foreign records of marraige at the tme of adjudication).
hope this helps...i plan to follow same procedure after my divorce finalizes.
im also in similar situation. wife wants divorce, but since she doesnt want to return to india, she has applied for H1 lottery and waiting. She is working on EAD and requested me to keep her dependent till 2008 october.
we have applied for divorce in india and we will keep the final judge hearing in october 2008.
i asked my lawyer how to handle 485 situation: this is what he said
1. there is no formal process to remove a 485 application.
2. after u get ur divorce decree, take an infopass appointment and explain/ask what shud be done.
3. he said - most probably, the officer will ask ur WIFE to submit a informal letter requesting abandonment of 485 appln due to divorce, along with copy of divorce decree.
4. in case ur wife does not follow up becos she is not in the country etc, you urself can request abandonement for ur spouse.
5. keep record of the letters and correspondence with infopass/USCIS becos incase u remarry and reintroduce a new 485 for new wife, INCASE they raise a flag that u already have a derivative, then u can use the correspondence proof to show old deravative is not valid anymore due to divorce.
6. Lawyer also said, there have been cases where in abandonment letters were sent, and yet GC arrived in mail. basically he told my wife, if ur lucky and i dont get married before 485 approval, there is still chance u will get ur gc inspite of indian divorce being complete. (looks like US dept does not proactively refer foreign records of marraige at the tme of adjudication).
hope this helps...i plan to follow same procedure after my divorce finalizes.
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pooja_34
12-20 01:01 PM
Good to hear that NY consulate is responsive. Houston and SF never answer the phone !!!
I am very happy with the customer services of New York Indian Consulate. All our passport renewals (4 during last 3 years) happened in a timely fashion and that too thru post without any personal visit. Whenever I e-mailed them with a question, I received answers promptly. I called them to know about status and received precise replies.
I am very happy with the customer services of New York Indian Consulate. All our passport renewals (4 during last 3 years) happened in a timely fashion and that too thru post without any personal visit. Whenever I e-mailed them with a question, I received answers promptly. I called them to know about status and received precise replies.
BMS1
10-11 04:52 PM
You mean to say that "Those who have EAD with PD 2006/2007" needs green Card and you dont bother about PD 2000-2005 from Backlog who never got a chance to apply i-485 ?
Moral: Allow the people to suffer who are suffering and let others make merry(PD 2006-2007).
I am just giving my observations. I (and most of the people here) know the pain in waiting on H1-B. Definitely the ability to file I 485 desrves higher priority.
Moral: Allow the people to suffer who are suffering and let others make merry(PD 2006-2007).
I am just giving my observations. I (and most of the people here) know the pain in waiting on H1-B. Definitely the ability to file I 485 desrves higher priority.
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satishku_2000
11-29 11:48 PM
If this turns out true, that will be great !!!
One minor side effect is that India EB dates might further retrogress because still there a lot of folks with PD 2001,2002 etc pending namecheck clearance.
I thought the same but they need to get out of the queue before you and I can get our turn :) .. Good for them finally ...
In the longer run I guess it makes predicitions easy :)
One minor side effect is that India EB dates might further retrogress because still there a lot of folks with PD 2001,2002 etc pending namecheck clearance.
I thought the same but they need to get out of the queue before you and I can get our turn :) .. Good for them finally ...
In the longer run I guess it makes predicitions easy :)
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Suva
11-04 10:02 AM
You are absolutely right. Dems are only worried about illegals. Its good that they are no longer a majority in the House. I think we have better option for any kind of piecemeal bills with republicans only.
Thank God Dems are out otherwise Legals will never get anything till every illegal crossing the border is ahead of them. Democrats are only good for three kind of people:
Illegals
Illegals
Illegals
I hope Obama looses soon and we have some sanity of law
Thank God Dems are out otherwise Legals will never get anything till every illegal crossing the border is ahead of them. Democrats are only good for three kind of people:
Illegals
Illegals
Illegals
I hope Obama looses soon and we have some sanity of law
Saburi
02-12 04:33 PM
Saburi,
please be more precise. when you transfered and when did you file your 485 with company A or B.
I TRansfered my H1 B Visa first time in the August 2006 from Company A (GC Sponsering Company) to Company B.
Everything went good.
Last year in March i did transfered my H 1 B to Compnay C from Compnay B
and i July last year i applied for my I 485, and got my EAD in Sep 2007.
Now the total 180 days have been passed am i eligible for AC21 and if yes then what are the formalities to get AC21.
Also Compnay A has told me earlier that they will revoke my I 140 but i do not have any means to know wether they did revoke or not, how do i know if they revoked my I 140 is there any way to find this out.
Your Help Will be a big Help for me
please be more precise. when you transfered and when did you file your 485 with company A or B.
I TRansfered my H1 B Visa first time in the August 2006 from Company A (GC Sponsering Company) to Company B.
Everything went good.
Last year in March i did transfered my H 1 B to Compnay C from Compnay B
and i July last year i applied for my I 485, and got my EAD in Sep 2007.
Now the total 180 days have been passed am i eligible for AC21 and if yes then what are the formalities to get AC21.
Also Compnay A has told me earlier that they will revoke my I 140 but i do not have any means to know wether they did revoke or not, how do i know if they revoked my I 140 is there any way to find this out.
Your Help Will be a big Help for me
more...
asdcrajnet
07-17 10:59 AM
California
----------
I-90 Application to Replace Permanent Resident Card Initial issuance or replacement July 11, 2006
I-102 Application for Replacement/Initial Nonimmigrant Arrival/Departure Record Initial issuance or replacement of a Form I-94 March 26, 2007
I-129 Petition for A Nonimmigrant Worker H-1B - Specialty occupation - Visa to be issued abroad May 15, 2007
I-129 Petition for A Nonimmigrant Worker H-1B - Specialty occupation - Change of status in the U.S. May 15, 2007
I-129 Petition for A Nonimmigrant Worker H-1B - Specialty occupation - Extension of stay in the U.S. May 15, 2007
I-129 Petition for A Nonimmigrant Worker H-2A - Temporary workers June 30, 2007
I-129 Petition for A Nonimmigrant Worker H-2B - Other temporary workers June 15, 2007
I-129 Petition for A Nonimmigrant Worker H-3 - Temporary trainees May 15, 2007
I-129 Petition for A Nonimmigrant Worker E - Treaty traders and investors May 15, 2007
I-129 Petition for A Nonimmigrant Worker L - Intracompany transfers June 15, 2007
I-129 Petition for A Nonimmigrant Worker Blanket L May 15, 2007
I-129 Petition for A Nonimmigrant Worker O - Extraordinary ability May 15, 2007
I-129 Petition for A Nonimmigrant Worker P - Athletes, artists, and entertainers May 15, 2007
I-129 Petition for A Nonimmigrant Worker Q - Cultural exchange visitors and exchange visitors participating in the Irish Peace process May 15, 2007
I-129 Petition for A Nonimmigrant Worker R - Religious occupation May 15, 2007
I-129 Petition for A Nonimmigrant Worker TN - North American Free Trade Agreement (NAFTA) professional May 15, 2007
I-129F Petition for Alien Fiance(e) K-1/K-2 - Not yet married - fiance and/or dependent child January 13, 2007
I-130 Petition for Alien Relative U.S. citizen filing for a spouse, parent, or child under 21 December 31, 2006
I-130 Petition for Alien Relative U.S. citizen filing for an unmarried son or daughter over 21 January 17, 2003
I-130 Petition for Alien Relative U.S. citizen filing for a married son or daughter over 21 April 30, 2001
I-130 Petition for Alien Relative U.S. citizen filing for a brother or sister April 30, 2001
I-130 Petition for Alien Relative Permanent resident filling for a spouse or child under 21 January 01, 2005
I-130 Petition for Alien Relative Permanent resident filling for an unmarried son or daughter over 21 February 07, 2005
I-131 Application for Travel Document All other applicants for advance parole April 09, 2007
I-212 Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal Readmission after deportation or removal January 13, 2007
I-360 Petition for Amerasian, Widow(er), or Special Immigrant All other special immigrants September 28, 2005
I-485 Application to Register Permanent Residence or to Adjust Status Employment-based adjustment applications January 13, 2007
I-526 Immigrant Petition By Alien Entrepreneur For use by an entrepreneur who wishes to immigrate to the United States January 13, 2007
I-539 Application to Extend/Change Nonimmigrant Status Change of status to H or L dependents April 14, 2007
I-539 Application to Extend/Change Nonimmigrant Status Change status to the F or M academic or vocational student categories April 14, 2007
I-539 Application to Extend/Change Nonimmigrant Status Change Status to the J exchange visitor category April 14, 2007
I-539 Application to Extend/Change Nonimmigrant Status All other change of status applications April 14, 2007
I-539 Application to Extend/Change Nonimmigrant Status Extension of stay for H and L dependents April 14, 2007
I-539 Application to Extend/Change Nonimmigrant Status Extension of Stay for F or M academic or vocational students April 14, 2007
I-539 Application to Extend/Change Nonimmigrant Status Extension of Stay for J exchange visitors April 14, 2007
I-539 Application to Extend/Change Nonimmigrant Status All other extension applications April 14, 2007
I-612 Application for Waiver of the Foreign Residence Requirement Application for a waiver of the 2-year foreign residence requirement based on exceptional hardship or persecution December 03, 2006
I-751 Petition to Remove the Conditions on Residence Removal of lawful permanent resident conditions (spouses of U.S. citizens and lawful permanent residents January 13, 2007
I-765 Application for Employment Authorization Based on a request by a qualified F-1 academic student. [(c)(3)] April 28, 2007
I-765 Application for Employment Authorization Based on a pending asylum application [(c)(8)] June 16, 2007
I-765 Application for Employment Authorization Based on a pending I-485 adjustment application [(c)(9)] April 28, 2007
I-765 Application for Employment Authorization Based on TPS for Honduras/Nicaragua [(c)(19), (a)(12)] April 28, 2007
I-765 Application for Employment Authorization Based on TPS for El Salvador [(c)(19)(a)(12)] April 28, 2007
I-765 Application for Employment Authorization All other applications for employment authorization April 28, 2007
I-817 Application for Family Unity Benefits Voluntary departure under the family unity program January 13, 2007
I-824 Application for Action on an Approved Application or Petition To request further action on an approved application or petition January 13, 2007
I-829 Petition by Entrepreneur to Remove Conditions Removal of lawful permanent resident conditions (immigrant investors) January 13, 2007
I-829 Petition by Entrepreneur to Remove Conditions Removal of lawful permanent resident conditions (immigrant investors) based on PL107-273 September 10, 1997
----------
I-90 Application to Replace Permanent Resident Card Initial issuance or replacement July 11, 2006
I-102 Application for Replacement/Initial Nonimmigrant Arrival/Departure Record Initial issuance or replacement of a Form I-94 March 26, 2007
I-129 Petition for A Nonimmigrant Worker H-1B - Specialty occupation - Visa to be issued abroad May 15, 2007
I-129 Petition for A Nonimmigrant Worker H-1B - Specialty occupation - Change of status in the U.S. May 15, 2007
I-129 Petition for A Nonimmigrant Worker H-1B - Specialty occupation - Extension of stay in the U.S. May 15, 2007
I-129 Petition for A Nonimmigrant Worker H-2A - Temporary workers June 30, 2007
I-129 Petition for A Nonimmigrant Worker H-2B - Other temporary workers June 15, 2007
I-129 Petition for A Nonimmigrant Worker H-3 - Temporary trainees May 15, 2007
I-129 Petition for A Nonimmigrant Worker E - Treaty traders and investors May 15, 2007
I-129 Petition for A Nonimmigrant Worker L - Intracompany transfers June 15, 2007
I-129 Petition for A Nonimmigrant Worker Blanket L May 15, 2007
I-129 Petition for A Nonimmigrant Worker O - Extraordinary ability May 15, 2007
I-129 Petition for A Nonimmigrant Worker P - Athletes, artists, and entertainers May 15, 2007
I-129 Petition for A Nonimmigrant Worker Q - Cultural exchange visitors and exchange visitors participating in the Irish Peace process May 15, 2007
I-129 Petition for A Nonimmigrant Worker R - Religious occupation May 15, 2007
I-129 Petition for A Nonimmigrant Worker TN - North American Free Trade Agreement (NAFTA) professional May 15, 2007
I-129F Petition for Alien Fiance(e) K-1/K-2 - Not yet married - fiance and/or dependent child January 13, 2007
I-130 Petition for Alien Relative U.S. citizen filing for a spouse, parent, or child under 21 December 31, 2006
I-130 Petition for Alien Relative U.S. citizen filing for an unmarried son or daughter over 21 January 17, 2003
I-130 Petition for Alien Relative U.S. citizen filing for a married son or daughter over 21 April 30, 2001
I-130 Petition for Alien Relative U.S. citizen filing for a brother or sister April 30, 2001
I-130 Petition for Alien Relative Permanent resident filling for a spouse or child under 21 January 01, 2005
I-130 Petition for Alien Relative Permanent resident filling for an unmarried son or daughter over 21 February 07, 2005
I-131 Application for Travel Document All other applicants for advance parole April 09, 2007
I-212 Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal Readmission after deportation or removal January 13, 2007
I-360 Petition for Amerasian, Widow(er), or Special Immigrant All other special immigrants September 28, 2005
I-485 Application to Register Permanent Residence or to Adjust Status Employment-based adjustment applications January 13, 2007
I-526 Immigrant Petition By Alien Entrepreneur For use by an entrepreneur who wishes to immigrate to the United States January 13, 2007
I-539 Application to Extend/Change Nonimmigrant Status Change of status to H or L dependents April 14, 2007
I-539 Application to Extend/Change Nonimmigrant Status Change status to the F or M academic or vocational student categories April 14, 2007
I-539 Application to Extend/Change Nonimmigrant Status Change Status to the J exchange visitor category April 14, 2007
I-539 Application to Extend/Change Nonimmigrant Status All other change of status applications April 14, 2007
I-539 Application to Extend/Change Nonimmigrant Status Extension of stay for H and L dependents April 14, 2007
I-539 Application to Extend/Change Nonimmigrant Status Extension of Stay for F or M academic or vocational students April 14, 2007
I-539 Application to Extend/Change Nonimmigrant Status Extension of Stay for J exchange visitors April 14, 2007
I-539 Application to Extend/Change Nonimmigrant Status All other extension applications April 14, 2007
I-612 Application for Waiver of the Foreign Residence Requirement Application for a waiver of the 2-year foreign residence requirement based on exceptional hardship or persecution December 03, 2006
I-751 Petition to Remove the Conditions on Residence Removal of lawful permanent resident conditions (spouses of U.S. citizens and lawful permanent residents January 13, 2007
I-765 Application for Employment Authorization Based on a request by a qualified F-1 academic student. [(c)(3)] April 28, 2007
I-765 Application for Employment Authorization Based on a pending asylum application [(c)(8)] June 16, 2007
I-765 Application for Employment Authorization Based on a pending I-485 adjustment application [(c)(9)] April 28, 2007
I-765 Application for Employment Authorization Based on TPS for Honduras/Nicaragua [(c)(19), (a)(12)] April 28, 2007
I-765 Application for Employment Authorization Based on TPS for El Salvador [(c)(19)(a)(12)] April 28, 2007
I-765 Application for Employment Authorization All other applications for employment authorization April 28, 2007
I-817 Application for Family Unity Benefits Voluntary departure under the family unity program January 13, 2007
I-824 Application for Action on an Approved Application or Petition To request further action on an approved application or petition January 13, 2007
I-829 Petition by Entrepreneur to Remove Conditions Removal of lawful permanent resident conditions (immigrant investors) January 13, 2007
I-829 Petition by Entrepreneur to Remove Conditions Removal of lawful permanent resident conditions (immigrant investors) based on PL107-273 September 10, 1997
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pady
08-20 03:39 PM
I would like to know How to file a complaint about labor fraud? I just found out that my employer didn't file 485 for me and instead he used the labor for someone else. Is there anyway I can file a complaint? I have no other option except to wait until the dates are current again. I paid all the expenses for labor, 140 and 485.
more...
goel_ar
12-20 01:21 PM
NY never picks up call (passport, pio & receptions) or replies to mail.
Wait times in person are horrible - 5-6 hours. only 1 person to serve all the people for passports, pio /oci cards etc.
Their turnaround time is pretty good.
I prefer to deal with via postal even though it is walkable distance from my work.
Wait times in person are horrible - 5-6 hours. only 1 person to serve all the people for passports, pio /oci cards etc.
Their turnaround time is pretty good.
I prefer to deal with via postal even though it is walkable distance from my work.
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TomPlate
02-28 12:33 PM
No, because those cases are not outside of processing times.
I did not understand 'are not outside of processing time'. Can you please explain in detail.
My other thought is for July 2007 485 filer, 180 days is already completed. Assume the namecheck started on Aug 2007....
I did not understand 'are not outside of processing time'. Can you please explain in detail.
My other thought is for July 2007 485 filer, 180 days is already completed. Assume the namecheck started on Aug 2007....
more...
immigrationvoice1
11-11 11:15 AM
July 27th '07 filer. My wife and I have received EAD and AP but no FP notice yet. Did not open SR. Case went from VSC to TSC.
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alterego
12-04 06:10 PM
Yeah I get that the money will be transferred from the Social security system here to the Indian Govt system.
My point is it does not do a damn thing for us workers personally. That money will dissapear into a dark hole in the Indian Gov't coffers instead of a dark hole here, further as the rules stand, I have a slim chance of getting the money from here through social security payments when I turn 65 even if I am in India. Try that within the money in Indian gov't hands.
On the other hand, it makes the Indian gov't allign with corporate america, as they all have a vested interest in a Temp. worker program such as H1b absent green cards. Which will be a win win for all concerned except us.
So I repeat my question..................Why is this good again?
My point is it does not do a damn thing for us workers personally. That money will dissapear into a dark hole in the Indian Gov't coffers instead of a dark hole here, further as the rules stand, I have a slim chance of getting the money from here through social security payments when I turn 65 even if I am in India. Try that within the money in Indian gov't hands.
On the other hand, it makes the Indian gov't allign with corporate america, as they all have a vested interest in a Temp. worker program such as H1b absent green cards. Which will be a win win for all concerned except us.
So I repeat my question..................Why is this good again?
more...
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crystal
07-02 03:18 PM
Roughly 2500 $ , not inlcuding filing fee and lawyer fee
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gcsngh
09-19 08:52 PM
:eek::rolleyes:Come on DC revoultionaries, grow up and be reasonable with Anna, he had a few questions, respond if you can in a discrete manner:rolleyes:
more...
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senocular
02-03 07:43 AM
so wait, is it different now? ... Im lost, what changed?
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whattodo21
12-08 09:31 AM
If an RFE is issued, how long does it take to get EAD/AP? Will the USCIS still honor the 90/120 day issuance?
more...
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rajsenthil
06-10 01:44 PM
Quite honestly, if that is how you feel - perhaps you'd need to reconsider relocating to your home nation. I'm Indian, who grew up in the Middle East. I've lived in the United States for 6 years. I've always felt quite welcome and accepted in every way possible. I believe I've been treated fairly and have had the opportunity to live with Americans and contribute in positive ways. I continue to live here, primarily based on these sentiments. I'd never live here if I felt the way you do now. Nicely put ryan. This country has given me a lot that I could think of. I may get GC lately. But that does not stops me what I want to do right now.
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ujjwal_p
08-13 03:03 PM
Since your situation is aggravated, your wife can apply for F1 visa and come here. How you want to answer visa questions on DS-156 or date your marriage cert is upto you. But all said and done and whatever the morale police on this board have recommended is not really valid because you will be going through all of this and not these people who are giving other suggestions. I really want to ask all these people who say dont backdate marriage cert or dont get her on F1, are you guys angels and have done nothing wrong in your lives or are you just preaching others not to sin?
I think you may have missed the point. The people who were advising the OP weren't necessarily thinking of themselves as angles or as the moral(!e) police, as you politely put it. ;) They may have additional information about a similar situation and maybe trying to help him make the right decision. If you know somebody who tried to backdate a Marriage certificate and got wrongfooted by the Consulate maybe you would try and advise future applicants to be a bit more careful too. Or maybe not. Anyway, not saying that's the case here, but there maybe more to the replies than you think.
I think you may have missed the point. The people who were advising the OP weren't necessarily thinking of themselves as angles or as the moral(!e) police, as you politely put it. ;) They may have additional information about a similar situation and maybe trying to help him make the right decision. If you know somebody who tried to backdate a Marriage certificate and got wrongfooted by the Consulate maybe you would try and advise future applicants to be a bit more careful too. Or maybe not. Anyway, not saying that's the case here, but there maybe more to the replies than you think.
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aquarianf
07-19 09:59 AM
This is not the case for me....but during a discussion with my attorney and other friends contacts they said if you do not attach the medicals now you may get RFE at a later stage...which you can resolve it.
I bet any RFE can be articulated with reason by attorney if they are smart enough.
This is something I heard...but do not hold me on that. Please check with your attorney too and make a decesion.
Medical is one of the initial evidence so it should not be skipped otherwise it may be rejected.
I bet any RFE can be articulated with reason by attorney if they are smart enough.
This is something I heard...but do not hold me on that. Please check with your attorney too and make a decesion.
Medical is one of the initial evidence so it should not be skipped otherwise it may be rejected.
smaram1
09-04 09:49 AM
E filed : July 1 2008
FP : Aug 28 2008
CPO : Sep 3 2008
FP : Aug 28 2008
CPO : Sep 3 2008
ajju
02-27 08:18 PM
I don't think it is the CP filers' fault.
...
But, I agree that the requests by the original poster should not be a part of IV's letter campaign.
Everything else will then just follow...
And hopefully no more waiting for mid of the month bulletin updates :-) and years and years of restricted choices due to ongoing GC...
But again.. its we who made these choices :-)
...
But, I agree that the requests by the original poster should not be a part of IV's letter campaign.
Everything else will then just follow...
And hopefully no more waiting for mid of the month bulletin updates :-) and years and years of restricted choices due to ongoing GC...
But again.. its we who made these choices :-)