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  • I like your optimistic attitude but unfortunately I don�t share it because of past and current behavior of USCIS, like for instance how they willfully disregarded the 180 day name check memo. Do you really believe them when they say name check will be cleared in 2009, just like the current name check memo the fbi name check clearance will be thrown in a dustbin. If by a miracle name check is solved they will come up with some other check delay for example IBIS name check delay. the bottom line is if there is a will there will be a way, USCIS has no will what so ever to help us. Good luck to everyone but just build a reservoir of patience because if you have hope on USCIS you will pay dearly.

    USCIS is trying to make EB2 all countries Current sometime during FY 2009. Of course "a few" 2004, 2005 cases will still be pending past Oct08 but hopefully not too many.

    If EB1 and EB2 are shown as current soon, then the DOS can transfer the so-called "spillover" into EB3 ROW, then into EB3 IN & CH.

    Based on available numbers, EB3 India / China will see rapid movement in dates April 09 Visa Bulletin onwards.

    What will happen during 2009 in all likely hood is the following,

    Almost all EB1 spillover will go to EB3. (~ 25k)
    Some of EB1 and all of EB2 spillover will go to EB2 IN/CH (~ 10k to 15k)
    In 2009, there will be no more Name Check delays - therefore expect rapid EB3 approvals after April 09.

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  • 1. If I-140 is not yet approved and withdrawn, you lose I-485/AP/EAD.
    2. I am not sure why they cannot file a second I-140 based on PERM LC right away. Seems to be a no-brainer to me. Must be one of those lawyer things :)
    Q: Is it possible to file two petitions, such as an EB-1(a) and NIW, at the same time?

    A: Yes. Some of our clients file two I-140 petitions simultaneously. Some clients file three I-140 petitions at the same time. There is nothing stated in the law that prohibits multiple filings. Multiple filings increase your chances of approval.

    Thanks for your responses guys. Now I understand that once I withdraw my old I-140, my I-485 is gone.

    Reg my question 2, I know that people file 1 in EB3 and second in EB2. Or after one is approved file another one with earlier PD LC. But, is it possible to apply for second I-140 in the same category (EB3) when another one is already pending? Have any one done this before?. Could you guys point me to some links?

    I asked this question to my lawyer. No response yet. I would really appreciate your response.

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  • I, personally, do not know anyone who lives in Canada and is complaning about jobs. Every beginning is difficult but for us who come to Canada from the US, I do not think the beginning would be difficult at all. Even with their famous Canadian exp only requirements....

    Also, when you guys weigh in job prospects in Canada in comparison to being on H1 in the US, do you consider that your spouses would have a fair chance to at least re-start their careers or start their new careers, or do you think / know that your spouses will actually continue to stay at home?

    In that case there is no difference between staying here or going there, right?

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  • Shree,
    I am with you keep mne posted I can volunteer with any help required for the same I am from Canton Cell 405-627-8217

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  • i've filed my 140 on the thrid week of May and still waiting. NSC is so freakin slow. Just like a backed up traffic which moves at a pace of 1 mile per half hour:eek: :eek: :eek:

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  • Hi all,

    I don't believe having I-140 filed by a company constitutes a violation of beneficiary's non-immigrant status.

    To be eligible for the student status, among other things, you must demonstrate non-immigrational intent, that's true. When applying for a visa and going through immigration control at the port of entry, the burden of proof is on you. Therefore, the chances of getting F1 visa or being admitted on F1 status with I-140 filed are very slim. Nobody will believe you are entrying to study and go back when you have approved labour and I-140 pending (or even approved). Once you inside the country, however, INS have the burden of proof in the status violation cases. And for them to proove in a court of law that you violated your status by changing your intention to go back would be impossible without some sort of open confession and signed affadevit from you. So, don't worry about it.

    Person's intentions change over time, there's nothing wrong with it. Peolple file adjustment od status applications all the time: B1 to F1, F1 to H1B, etc. Filing I-485 from student status, or from any status, should not be a problem in itself either, as that is precicely what you are declaring by this application: "My intention changed, I don't want to go back anymore, please adjust my status to Permanent resident".

    There is a potential problem here, though. If you apply for a position and initiate LC process shortly after you entered the country on non-immigrant visa, you might be giving INS in future a reason to suspect that you were not truthful on your original non-immigrant visa application, and your "real" intention was not study but work in the USA. That's where there could be trouble, as if they are sucsessful in prooving this, it could lead to deportation and lifetime ban. Per my lawer, the safe time to wait before initiating any status changing process is one year.

    My personal situation: I was on F1 visa for 6 years before I started LC process with a company for a totally unrelated to my field of studies position (EB3). We had PERM approved and filed I-140, with me still on F1. I-140 was approved and now we are stuck in retrogression. Meanwhile, and after I-140 was approved, I graduated and applied for H1B based on my major. I have disclosed on H1B application that I have I-140 approved from another company and attached a copy. Not a question asked. H1B was approved within 9 days (cap exempt). And there's more. Because I violated my F1 status years ago by accepting unauthorized employment (tracable through taxes), my lawer told me to leave the country and re-enter, to cut the tail clean and be eligable for adjustment of status when the quotas open up. I went to Canada, and applied for H1B visa stamp, disclosing on the applicqation that I have I-140 approved and have violated my visa terms previously ("yes" to question 38, in "kiss of death" section of the application). Very stressful time that was. But in the end - no problem, got the stamp and was back in two days.

    Anyway, sorry for the long post. I hope this helps.

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  • I don't think it'll be brought to the senate floor if there's even a small chance of it being voted out. It'll be brought to the floor only after all the horse trading is complete and it's certain that the required votes will be met. If it's brought to the floor, it's 100% certain to go through.

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  • i got my daughter's PIO, my PP from CGI Houston with 50mm X 50mm photos.

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  • Originally Posted by god_bless_you
    SO if USCIS wants to make a new rule of filing I485 for the one whose I 140 is cleared and priority date is not current, It CAN DO That RULE Right?
    We do not need any Congress approval for that Right?
    If so can we explore this option??

    I agree with you. Why we don`t explore this option ???? USCIS make so many rule by itself then why they don`t make this rule to file 485 while PD is not current without going in Senate. Like they start premium processing of I-140. They make this rule without any bill in US Senate. correct me if I am wrong

    I think, core team should look this option or ask us to find more information about it. I think, core team can meet with high official from USCIS.

    what do you guys think about it ??


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  • I just received an email from USCIS that my wife's EAD has been approved.

    RD 07/02, FP 09/04, PD 05/06

    looks like NSC is approving Spouse EAD huh???

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  • Sometimes I think that rather than writing to these politicians ,we should write to USCIS.This retrogression is caused by them.They didn't wait for any bill to be passed for this retrogression.There is no use of talking to politicians,they don't care.
    I know that USCIS will not care either but USCIS did it out of nowhere ,till sep2005,everything was fine for them and suddenly in oct 2005,they put us in backward direction.Now after a year and a half ,we are at the same spot,waiting for the visa bulletin and staying depressed for a day or two after seeing it.
    I don't know .I am so mad at everybody.
    Sorry for the ranting.
    Btw,i have already sent emails to USCIS and chicago tribune regarding this .

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  • Hello Gurus,

    My I-140 was recently approved. 140-485 filed concurently in July 2007. I have a new job offer and plan to use AC21. However I am worried because the wages at new job would be significantly higher than the old job. There are two reasons for the big difference
    1-Desi employer v/s corporate employer
    2-Dallas v/s New York

    Any comments from people who have faced similar situation will be highly appreciated.


    usually wage difference is not something on which your GC can be denied, but very large descripancy can raise questions.

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  • Mwa ha ha. 3 way tie, and I haven't voted yet. Who wants to bribe me?

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  • this is also assuming that you have filed for your 485. you cannot apply portability with:

    approved labor + approved I140

    you can only move to another employer with:

    approved labor + approved I140 + pending 485

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  • Only God knows how CIS functions.


    Yes true, if you do not update your GC details in IV. Please update your priority date, category etc., first. :)

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  • I have created several documents and am working on a similar one as outlined below. But we need 50 people working on such items instead of one.
    We have lots of ideas pouring into threads here but most are soon forgotten and not followed up on.

    gc_peshwa has created a googlegroup to deal with participating on USCIS calls etc. We can add this agenda to that group to prevent creation of too many googlegroups and spreading ourselves thin. Alternatively we have a "Media" googlegroup as well which is dormant. That group could be used for this purpose.

    This is interesting..i am down to help if you are looking for volunteers....I completely agree that lawmakers often overlook the advantages of temporary legal immigrants and by publishing suck documents will certainly help

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  • Hey Everyone,

    My brother is a US citizen who has filed an I-130 for me and my family in May, 2008. We've traveled to the US on B1/B2 visas in February, 2009. The thing about it is that in the DS-156 form point "36. Has Anyone Ever Filed an Immigrant Visa Petition on Your Behalf?" we've answered "No". I've had no idea at that time that it was referring to the petition for alien relative. Anyways, we've returned back home in time. Also, I've had 3 visas before (2 tourist and 1 student) and never violated any immigration laws.

    Then in December, 2009 we've applied for F-1 visa and got denied. This time it was a DS-160 form that we filled out which replaced the old DS-156 form. It didn't have that question about the petition anymore. I think they've decided to exclude it because a lot of people were confused by it. Anyways, the consulate officer didn't like the fact that I haven't transferred my credits from 2 courses of University that I've completed in my home country. Plus my major differed from my previous education course.

    So my question is. Is it ok to apply for F-1 visa while I-130 is pending? I mean we've been issued B1/B2 visas before. Even though we've answered "No" to that question, they saw that I had a brother in the US who is a US citizen. I'm thinking of transferring my credits and using same major course this time or at least similar. This way in the eyes of the consulate officer it will look as I am going to the US to finish my education. The thing is, I am planning to attend community college first in order to finish general courses and then transfer to the university. My major in my home university was physics and this community college doesn't have it. I may go with "general education" course at the community college and explain to the consulate officer my situation.

    Is it even legal to apply for F-1 visa while I-130 is pending? I believe so. My another question is. Once I finish education. What's the next step would be? Will it be easy to transfer from F-1 to H1B visa while I-130 is pending? What about my wife and a baby who will be on F-2 status? Please share your thoughts. Thank you!


    Generally speaking, F-1 is a visa with pure non-immigrant intent. By filing I-130, your brother showed you intend to immigrate to the U.S. As such, most likely F-1 can't be approved. If you said NO when they asked if anyone ever filed an immigrant petition for you, you may be held accountable for committing fraud for immigration purposes. If USCIS realizes you lied on your non immigrant petition, you may become inadmissible and deportable. Consequently, I would consult with an attorney before applying for F-1. Hope this helps.

    Under current immigration law, one cannot be issued a non-immigrant visa which carries no dual intent, if one intends to immigrate to the U.S. If you had answered YES on your DS-156, the consular officer would have no legal basis to issue to you a tourist visa.

    Best Wishes,

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  • no slow, no fast..just follow the rules of the game..

    Yes, we follow the rules of the game. Who says we shouldn't?

    All I am saying is let's put practicality into matter. USCIS IOs are human who make mistakes. If you put the IOs into situation where they can potentially make mistakes, then they can potentially make an error, be it to your advantage or not.

    We've seen some cases where IOs are committing mistakes, haven't you? And aren't we learning from that or not?

    At the end of the day, it is your choice. I have chosen my path. You have chosen yours. We both follow the rules of the game. Let's see each other at the finish line.

    I believe USCIS is trying to comlete the receipting job from all the Service centres.

    so you wont be sruprised if folks started reporting their receipt numbers start with EAC (for Vermont).

    Let USCIS do their job of receipting everyone who filed in July-Aug 2007.

    Ultimately processing will be done at USCIS NSC and TSC for I-140 and I-485 due to their bi-specialization program.

    So no worry be happy...Support IV


    My parents will be here for more than 184 days this year (on visitors vis) and I want to claim them as dependats on my tax return for next year.I searched through some old threads, but the info seems to be outdated.

    * Can I claim them as dependants on my tax return?
    * Has anybody done this successfuly before?
    * What is the deduction amount per person/dependant?
    * What is the process? I know they will need an ITIN etc.


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