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  • 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.

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  • Being an eternal optimist, I am still hanging in there with a hope that things will change after the next Presidential elections.

    Hopefully all the buzz surrounding alterantive energy will result in some sizeable investment by the government in technology if we have a democrat as a President. But if the status quo continues, they will be spending their money in building meuseums in kansas refuting the theroy of evolution and 'Intelligent Design' and other such right-wing manusha!

    My point is, it aint over till the fat lady sings, and thank god Lou Dobbs can't sing (I hope) :p

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  • Now how does that makes me an anti-immigrant :mad: :mad: :mad: . I am ofcourse happy that so many of my friends here are going one step further in getting GC. Something is better than nothing. But, suddenly more than 1/2 mill people getting EAD will have some effect on the market. People(on H1B) loosing jobs after 3-4 months may find themselves in a difficult situation to get a job.
    I am on H1B myself, how can I ever be an anti-immigrant ?:) :) I was expecting a little bit more permamnent solution and not a band-aid solution as somebody pointed out.


    I guess we also expect this to happen in the future when all jobs will be filled up with nothing left for H1s unless more people retires or decide to pursue their dream somewhere else.

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  • Voted for 1085.
    Now guys will u please also vote for

    i.e. EB Visa recapture.

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  • For December 2009 visa bulletin - Please call Ajmeri Baba at +44-91-29-2434343434

    Hey! Maybe instead of donating to IV, we could pool some money and get Baba's prediction on Visa movement. I'm sure his prediction would be just as worthwhile/less as Charles Oppenheim's!!!;)

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  • (d) Form I-140 Petition Must be Approved Prior to a Favorable Determination of a �106(c) AC21 portability request.

    this could be read 2 ways...either you need have an approved I-140 prior to filing for portability OR the adjudicator needs to approve the I-140 prior to determining portability.

    You can read it 10 ways, but the CIS has only one interpretation(see bold below).

    An un-adjudicated Form I-140 petition is not made valid merely through the act of filing the petition with USCIS or through the passage of 180 days. Rather, the petition must have been filed on behalf of an alien who was entitled to the employment-based classification at the time that the petition was filed, and therefore must be approved prior to a favorable determination of a �106(c) AC21 portability request.

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  • Applied for EAD and AP together (e-file at TSC center) in the last week of Nov 2010 and got the EAD card yesterday in mail. The validity period is for 2 yrs. The online status for EAD updated accordingly. However there is no status update for AP.

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  • Great will def watch it.. Hope other stations follow..

    just spoke with Carl Sears from NBC. he said LESTER HOLT is substituting for Brian Williams. most likely its going to be also on their website. It will be broadcasted in the Washington area at 7 pm tonight. hope this hype wil help us!!!!

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  • It would be interesting to know....Wonder how credible their claim of State Dept official discussed with them about Visa Bulletin dates?

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  • hi,
    my lawyers filed for AOS (for my wife and me) on july 2nd in NSC. still dont have any reciepts/ead/ap etc. i have no idea why. my i-140 was approved in TSC. i was hoping that i'd get the reciepts since everyone seems to be getting them!


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  • There is a blog attached to this article. Please follow up. Already, there are 72 comments.

    On an unrelated note, my explorer dies on IV's new (since yesterday) home page. Some other explorer's work fine. How can I fix it? Thanks!

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  • Original Nebraska SC, Re-directed to TSC.
    Received EADs in Aug first week.
    Not applied for AP

    No service request opened.

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  • Whose case was transferred from NSC to CSC and back have got their Finger Printing Notice? (Any other dates/category does not matter)


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  • "GC and Citizenship should not prevent anyone from pursuing their career and personal dreams - if not US - there are other countries where your skills would be welcome. Personally - i have given priority to career and family life ahead of visa issues and rest has automatically fallen into place"

    I know this is easier said than done but I think for most part I have moved on .I have not got my GC yet (PD Nov 2003 EB3 -India) but allow me to chime in .

    Actually I had little interest in pursuing GC to begin with(Mistake). Could have started earlier than I actually did and was lucky to breeze thru Labour and 140 stages(< 6 months) and did not follow I-485 progress till June -1 st 2007

    Then suddenly in next 4-5 months browsed every info /problems/issues with GC. Made 3 info pass appointments(Name Check cleared), initiated 2 separate inquiries one thru OMBUDSMAN. must have called USCIS about 10 times and checked the online status atleast 3 times a day . Pedantic. Mostly because my application was pre-approved and lot applications around my PD's were approved and I thought I was really close . Alas, that was not to be . I was pretty dissapointed for a few months.

    However in the last 6 months I have moved on mentally, I browse IV and consider other options like switching to Eb2 but gone are those pedantic days followed by huge disappointments.

    Planning a career move with AC21/EAD option.

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  • Surprisingly today I got second LUD on AP. Content is changed as under.

    Receipt Number: LIN****

    Current Status: Document mailed to applicant.

    On November 7, 2007 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service

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  • Hi Shana,

    Just came home from work and logged back. My scenario:

    - I have my H1 until Sep'09.
    - If i change the employer will i get an extension for 3yrs based on the approved 140?
    - Do i need to file 140 again with the new employer?

    Thanks in advance

    If I 140 approved then you get 3 yrs extention. And if 485 filed then 6 yrs - (minus) remaning time.

    If 485 filed and in 6th year then 1 yr extension hear after.

    Good luck

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  • What is EVL, is it experience letter.

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  • Wow dude you are impossible :D Good job though ;) Can you post your exact conversation in detail with second IO for benefit of us here.

    I just called USCIS customer service to get it clarified for my case - applied 485 in July 07 and used AC21 in Aug 08. My 485 got approved Aug 6th 2010.

    The first level officer said I am free switch. When I told that I have heard I have to stick to my current employer for 6 months or so, she put me on hold to check with supervisor. Then transferred me to 2nd level IO.

    After almost 1hr wait, the second level IO confirmed I am free to switch. She got my receipt no and checked the status and mentioned I should get my card in week or two and I am free to switch.

    Again, as mentioned I already invoked AC21. It will be good to hear from ppl who have not and if it makes any difference.

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  • Your case is a bit different, I am not sure if you could avoid paying back as GC process is for your benefit so a company could request a pay-back, even though amount is a bit high and you did not get anything in return. I would compare it to a situation where company gives an employee a laptop and expect person to return it when s/he leaves a company.
    helloh1's clause is different - company receives benefits by training its employees so it's just plain wrong to request a pay back in that case.
    So just forget about it and move on, we all make mistakes and here in the US those mistakes usually cost money.


    We have received information that the Comprehensive Immigration Bill will be voted soon and the bill will be closed for amendments on Wednesday. That leaves only 2 working days to get something done

    The text for the bill was only released in the evening on March 28th

    As you have seen from the document released by IV that H2A workers will now be able to get citizenship in 11 years and self petition themselves. But legal skilled workers
    1) will not be able to self petition
    2) the wait to citizenship as it stands today is definitely more than 11 years
    3) and all the left-over visas from EB1, EB2 and EB3 will now go to EB5 category

    We really need to make sure that everyone is aware of the unfair treatment meted out to legal skilled immigrants and will be doing the following

    1) We will be putting up webfaxes to send to senators asking for similar treatment to legal skilled immigrants too. They should be up by 5.00 PM EST. Make sure you login and send a webfax ASAP.

    How can I send the fax?

    a) Login,
    b) click on the 'Home' link on the top of the page,
    c) then click on the 'WebFax' link on the left hand side menu options,
    d) enter your information,
    e) Select webfax # 10 and #11 and your state
    f) Send the fax

    2) We need to contact each and every company like Microsoft/Intel (and any other to which IV members belong) that depends on skilled immigrants for their functioning. We need to make sure that their HR and CEO know about this.

    a) If you are not comfortable with speaking about this to your HR/CEO (and we don't see any reason why), please send us the email id of the right person in HR and your CEO. We will not put your name anywhere but send a polite email to them on behalf of Immigration Voice. We will NOT spam them (just a single email) and will not name any person in the email. Remember that this is just to get their attention so that they can do the right thing.
    Email or with the subject - Contacts for <Company Name>

    b) On the other hand if you are comfortable speaking about this directly to your HR/CEO that carries a lot more weightage. Contact us and we will give you all the material you need to talk to your company decision makers. In that case, email or with the subject - Willing to speak to folks from <Company Name>

    A list of companies where there are already IV members willing to speak to their employers is in the second post (summary post). Send us an email and we will put the folks in the same company in touch with each other so that they can approach their HR/CEO collectively

    3) We need to contact each and every media person that we know of so that they also realize the urgency of the situation. If you have any leads for any media contact, please send an email to or with the subject Media contact for <media Name>

    4) Last time we sent about 385 faxes. This time 385 will not cut it. We need atleast a couple thousand faxes to get our job done. We need every member of IV + spouse and much more to achieve the kind of deluge we intend. Get atleast 5 new members to IV. I am sure most of us can call up atleast 5 more friends who might not know of IV but will be affected by the above. This may, for all practical reasons, be the final push from IV and we need as much support from everyone as possible.

    5) If you have any other idea to get our information out to everyone, email or or with the subject line Other Ideas

    Also a quick note, please do not expect a reply from IV core members to your emails unless you are speaking to your firm's folks and need some info from IV. We are really busy in getting everything going. Thanks for understanding.

    Please spread the word.

    All NY members - New York City, upstate ... please join this mailing list

    IV-NY (

    As the first step, please update your contact information.
    I have added myself under the name boss_bid.

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