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  • rameshk75
    01-09 03:00 PM
    The status of AP seems to be changing practically everyday. The message (document mailed) first appeared on Jan 7, Then changed to Jan 8 with same message and today I see a date change in my portfolio (last updated section). Not sure when the document will actually get mailed...

    Even i had two LUD's on 6th and 7th !! Don't know what is that !!




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  • ski_dude12
    07-11 11:20 AM
    Welcome news for EB2. For EB3.. hang in there folks... things will happen soon for you all.




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  • sufferer
    02-07 10:06 AM
    Hi,
    I been a member of IV for a long time and just to keep myself anonymous for a while I created this account. I am so sorry for opening a thread in a completely irrelevant forum but I have no idea what to do. So, I request all the members to please help me by providing some kind of information.

    Here is my story:

    I came to US in 2002 and completed masters and been working since then. I got married couple of years ago. Whatever the monetary gifts the girls parents gave as part of the marriage, I put all that in an account on the girls name within 2 days of the marriage. We came to India and from then on the problems started. She and her parents want me to separate from my parents and support their family by sending money to their parents which I couldn't do. How can I leave my parents in their old age when they worked very hard to give a decent life. She has been harassing me mentally for this all the time. Recently her parents have been threatening me saying they will file dowry case in India if I don't send money or cut myself off from my parents. I provided for the girl in all possible ways, even encouraged her to join school to get a masters degree which she stopped soon. We had a baby recently and my parents visited us to help us with the baby. She started harassing them too by saying something or other.

    I am very frustrated at this situation and I don't know what to do. I am on H1B and applied for 485 too. At times I feel like applying for divorce but when I think about my little baby I am not able to take that step. The house we currently live in, I bought long before the marriage. It came to a situation where we cannot live together. I cannot ask her to go out of the house because she doesn't have anywhere to go and with the baby even if she leaves, it will be very tough. I said I will leave the house and stay in a apartment for which she threatens to commit suicide. So, I don't know what to do. I am worried about my baby because between all this my baby's life will be spoiled and I don't want that. Can anyone please tell me what I can do in this matter?

    Thank you very much for taking time to read this.




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  • jayZinDC
    06-11 06:53 PM
    a small contribution for now I will set up recurring soon. Can't thank you guys enough for being such a great support network. Not to be preachy, are we the same people who stood an united front against the Brits?





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  • Milind123
    09-17 11:49 AM
    It is not my intention to make anyone feel guilty. Taking you there doesn�t solve my purpose. It is very momentary and there is a sense of regret for both of us, if this happens. You will repent for pulling the trigger and I will repent for not trying hard enough to make you see things the way I see it.




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  • virald
    10-01 05:20 PM
    Let us wait for the statement from USCIS

    Which statement are you talking about? Was there any intimation from USCIS that a statement will be released?:confused:



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  • susie
    07-15 11:19 AM
    APPENDIX: REFORM SOLUTIONS

    The Need for a Compassionate Visa

    A compassionate visa is immediately required for reasons of humanity and dignity. Currently, because of the technicalities of US immigration laws many families torn apart are also subject to more degrading treatment at times of severe illness. Any provision should allow for the following:

    * US residents, including those who are landlocked, to leave the USA for any necessary period for compassionate reasons;
    * Non-US residents to enter the USA for any necessary period for compassionate reasons on a nonimmigrant basis;
    * Evidence of immigrant intent should not prevent a person receiving a compassionate visa (such as an existing immigrant petition), unless an applicant makes it absolutely clear their intention is to immigrate and not to enter the USA on a temporary basis;
    * To prevent abuse of such a visa, documentary evidence should be required as appropriate to ensure the application is made in good faith; and
    * Compassionate visa processing should be dealt with the USCIS for US residents and in the consular office for non-US residents on an expedited basis if the imminent death of a close relative or funeral arrangements for a deceased relative is at issue.

    INA, section 203(h) (as inserted by the Child States Protection Act, section 3) (8 U.S.C.1153(h))

    Current Provision in INA, section 203(h)

    �RULES FOR DETERMINING WHETHER CERTAIN ALIENS ARE CHILDREN-
    (1) IN GENERAL- For purposes of subsections (a)(2)(A) and (d), a determination of whether an alien satisfies the age requirement in the matter preceding subparagraph (A) of section 101(b)(1) shall be made using--

    (A) the age of the alien on the date on which an immigrant visa number becomes available for such alien (or, in the case of subsection (d), the date on which an immigrant visa number became available for the alien's parent), but only if the alien has sought to acquire the status of an alien lawfully admitted for permanent residence within one year of such availability; reduced by
    (B) the number of days in the period during which the applicable petition described in paragraph (2) was pending.

    (2) PETITIONS DESCRIBED- The petition described in this paragraph is--

    (A) with respect to a relationship described in subsection (a)(2)(A), a petition filed under section 204 for classification of an alien child under subsection (a)(2)(A); or
    (B) with respect to an alien child who is a derivative beneficiary under subsection (d), a petition filed under section 204 for classification of the alien's parent under subsection (a), (b), or (c).

    (3) RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older for the purposes of subsections (a)(4) and (d), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.''

    Explanation

    The references to �(a)(2)(A)� refers to principal beneficiaries and �(d)� refers to derivative beneficiaries. Subsection (1) provides a calculation to be considered a child under the family-based preference categories in light of USCIS processing delays. Subsection (2) describes the types of petition covered, ensuring beneficiaries, whether principal or derivative, are treated as a child under 21. Subsection (3) is another useful provision so that if the calculation of a beneficiary renders them over 21, they can retain the priority date of the original petition.

    Problems

    The language of this provision has rendered the provision open to ambiguity. Specifically, subsection (3) states the �alien�s petition shall be automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.� The problem is in relation to a derivative beneficiary (which is covered by this subsection) and is twofold. First, by its nature of being a derivative, a derivative beneficiary does not have an original application to speak of. Only the parent has a petition, which has caused the ambiguity. A Board of Immigration (BIA) decision did provide a common sense interpretation (Garcia, Maria T, File A79-001-587, June 16, 2006), but this is not binding on the USCIS and we know first hand that the USCIS has not consistently interpreted the provision in accordance with the BIA decision. Second, although the above mentioned BIA decision clarifies the provision also applies to F4 derivative beneficiaries, these petitions do not automatically convert. An F4 derivative beneficiary who ages still must wait for their Parent to file a new I-130 form, which is inconsistent with the language of the provision.

    Another problem is if the new proposed points system is implemented, any person who ages out will no longer have a direct basis for immigration. Instead they would have to qualify under a points system, which is not guaranteed. This new system would make the above provisions redundant.

    Solutions




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  • gctest
    09-15 11:30 AM
    keep supporting EB3 porting .. you wil then get your GC in 7 years

    If somebody is eligible to jump from Eb3 -> EB2, then he should be allowed to jump.

    I am EB2. I had to change my job as my previous employer didnot allow me to file in EB2 as I didnot have prior experience even though i have MS from USA.

    I changed my job and now I am in EB2. My PD is Feb 2008. Sucks that I missed the bus in July 2007.

    Nobody should go through what I went through. If somebody is eligible to jump, then he should jump from EB3->EB2.

    Considering the current delays in labour and I140 approvals, I think the entire process of filing for new labor, then I140 and the PD porting will take around 2yrs if there are no Queries. :p

    Unless somebody's PD is mid 2006 or 2007 above in EB3, I dont think this EB3->EB2 jump will be helpful. :rolleyes:

    YOu never know what rules will change in future. :confused:



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  • Green.Tech
    06-12 02:28 PM
    Come on guys!




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  • gc28262
    08-23 10:01 AM
    Read the definition of EB-2, and its sub-classification for Advanced Degree, Exception abilities and National Interest Waiver.

    I agree.

    Here is INA 203(2)A:
    (2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. -

    (A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1), to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, an d whose services in the sciences, arts, professions, or business are sought by an employer in the United States.

    This memo is in relation to "exceptional ability" category which is different from the category most EB2 filers apply.



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  • needhelp!
    09-12 11:32 AM
    thanks IV




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  • villamonte6100
    04-02 02:35 PM
    That is right. People can express their opinions. No name calling and rough language.

    Thank you.



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  • diptam
    12-18 12:33 PM
    My lawyer received it on Dec 16th - they said that they need at least 2 weeks to answer the RFE. They also mentioned that the RFE doesn''t ask for any specific paperwork , its like a Question-Answer Form.

    a) Why do you need this guy
    b) Can you find an american instead of this guy
    c) How you benchmark performance in the company

    etc...

    diptam : Whether your I-140 is approved now?




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  • Imigrait
    03-11 06:24 PM
    Wife has already received AP. I'm still waiting!:mad:

    Saw a soft LUD on my case today.:confused:



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  • funny
    09-12 01:44 PM
    At least I won't give u red dots if you can enlighten us how to get us out of this mess. And yes, we do want our green card so I don't think we can stop the process or stop spending money on that. Also please advise us how to bring all 70K people under one umbrella?

    I am in too...How can we organize all the members...70,000 is a lot of people, Any thing done effectively and efficiently will make an impact.




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  • 9years
    11-08 06:16 PM
    I got a email notification from my attorney just now that my I-140 is approved with priority date ported from EB3. Not sure whether I should wait few weeks before initiating interfiling process.
    Congrats on your I-140 approval.



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  • indyanguy
    11-05 08:11 PM
    So far lot of discussions on how to start LLC/Inc
    but how to start a company without changing current status

    Here is my status:

    My wife and I are on H1 and we got our EAD's now the question are:-

    My wife remains on her H1 for safe....until we get GC.

    Is it possible me to stay on H1 and start a LLC using my EAD to do a parttime business ?

    Please provide Pros and cons if any.....


    Thanks

    According to some lawyers, once you start using your EAD for either full time or part time work, your H1 is invalidated




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  • amitjoey
    07-18 05:17 PM
    Hi guys,

    I am sure every company would have their own 'stuck in gc process' alias.
    Please start an IV fund drive, so that you can do this on a company basis.

    Theres one going on in mine..and guess what..20 contributions in a couple of hours.

    Thanks jk333. That is just awesome.




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  • WillIBLucky
    12-18 02:40 PM
    Who ever has got the idea of striking, picketing or hunger strike, it will not work here. Lobbying is the only way out for us. Well I guess someone has taken a cue from Mamta Benerjee. Well it surely works in India but not in United States.

    So lets stick to lobbying and calling the senators and addding members and contributing to help lobbying.




    chanduv23
    03-03 04:45 PM
    Everyone feel like giving up but none of us give up :)

    True - it applies to everyone. The difference is, some people look at it as fate, some people try to do best out of it and some try to do something for betterment. IV and some serious IV members are of the third type whereas the reast of folks are first and second types :)




    reddy_h
    08-26 12:58 PM
    I took out a loan from HDFC last year in India. Their service was decent and their rates were also low. No prepayment penalty after 1 year. You can check your balances online and they now offer electronic payments also. ICICI has higher rates, so I wouldn't recommend. SBI requires lot of paperwork and processing time, so you should weigh this in before approaching them.



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