Thursday, September 1, 2011

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  • myvoice23
    07-20 07:27 AM
    Hi all legal eagles, advice please

    My case is quite complicated. Here is my situation.

    (1) Applied for I-485 (Adjustment of status) in July 2007. EB2-India category, PD March 2006.
    (2) Wife missed the bus when I applied for I-485. Her papers were not ready at that time.
    (3) Changed job utilizing AC21. So no more H1 status for me. Working on EAD in a new company. Living in US on a pending I-485 status.
    (4) Sent wife to India so that she will not stay in the US on an invalid H4. (After I quit my company, I assumed my H1 and my wife's H4 became automatically invalid because they belonged to my previous company. In any case those H1/H4 have expired too now.).
    (5) I was planning to call wife on a visitor visa. We planned to apply her I-485 once she is in US and dates become current for her.
    (6) Suddenly, my PD is current as per the latest bulletin!! Totally unexpected!!
    (7) Wife can't come back to US on a short notice on a visitor visa because of many pending tasks back at home.

    Now the big question is, is it worthwhile to apply for my wife's I-485 in India through a consular processing route? My understanding is that consular processing does not provide the benefits of EAD and advanced parole. So my wife will anyway have to come to US on a visitor visa. So we may as well apply her I-485 in US itself. At least then our applications will be processed together and she will get the benefits of EAD. And if there are any immigration interviews we can go together too.

    But the risk in this plan is that
    (1) By the time she is back in US the dates may retrogress again.
    (2) Worse, my GC may get approved this month itself, before my wife even has a chance of applying her own I-485, cutting off my wife's chances of getting a dependent GC based on my GC forever.

    Now my hunch is that risk no. 1 is a low risk. Either the dates won't retrogress again, or even if they do, they will move forward in October again. So we can live with that.

    Risk no. 2 is a bigger risk. But can USCIS take a decision on my I-485 petition so quickly. I don't think so. But if it does, then we lovers will be torn apart.

    And lastly, has anybody ever heard of "Follow to join" procedure? What exactly is it and can we utilize it to our benefit?

    Common man. .You already aware of that your wife's apps are not ready for I-485. Is this USCIS mistake and you says cruel system? It is your problem when you got the opportunity to not utilize it. You might say some another reason to excuse your self. Don't blame USCIS for everything man.

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  • santb1975
    01-23 12:16 AM
    we have over 25000 members and it has been 2 weeks but we are still waiting to reach 300 :-(

    I don't get it!!
    ~300 people came forward to raise $30000 in one week.
    Not even 100 people voted that they have sent their letters? Something's not right.

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    01-27 03:50 PM
    You never know! All the gray areas of payment, unenforceable contracts are a game of poker, he bluffed and you blinked. See if the reverse can happen now. Send him a mail or call him up and see his reaction. Say that you spoke to a lawyer and the recommended path is to begin with small-claims court and if that does not work out you will be filing a lawsuit. if he offers you anything back to avoid these hassles (say 3.5k) then go for it (& take your family out to hawaii this summer)

    p.s: just as mbartosik said, you need documents to prove everything, hope you have all those, without that nothing will stand up in court (though you might scare him enough to actually pay you)

    Thank you once again for your recommendation and trust me I am cloud 9 while reading suggestion by you & "mbartosik"....I just took a close look at my previous documents including pay stubs, signed contracts and my last detail email explaining how much I paid for GC (pay stubs clearly explains) and how much I paid & how I paid for the balance amount...which I sent to HR Manager & cc to CEO ..

    Shame on me I couldn't even remember how much I paid until I saw my last email it was not 7K, the total amount I paid was $7.5K..

    I checked with my current employer(since he is my friend too) & see if there will be any side effects by doing this..& he pretty much said I am at benefit side to for sure win the case since its clearly mentioned in pay stubs, your contract, & your last email which can be add on as supporting documents to help your case winning but I may have to also prepare myself if I had clean record since day one (year 2001) have pay stubs etc., in some cases DOL would be interested to know details from scratch and see if my records are straight even before knocking employer 2 door..

    I know for the fact that I was out of my project when I came to US back in 2001 for 5 months and during that time I was not given pay stubs (it was pretty bad IT market at that time...)and later got into another project & if questioned by DOL for missing pay stubs then I may have to be prepared to answer any such questions.....and it might put me in trouble and

    (2) second item I may have to think about it, after giving my resignation to this 2nd employer I continued to work at the same client on behalf of new employer and that it self is against the contract that I signed which my current employer reminded to me at that time and even now...& and based on that it might back fire on me from 2nd employer and asked me to decide if its worth of fighting or let it go........

    any comments or suggestions please!!

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  • waitnwatch
    01-09 12:52 PM
    If you look carefully health insurance payments are deducted in advance from the paycheck. So if say you join the new company in February the old company's paycheck at the end of January should be deducting health insurance for February. Therefore if the new company provides health insurance from March you should still be covered without requiring COBRA.


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  • drona
    07-26 03:42 PM
    Aren't you worried about your fingerprints then? Just kidding! Couldn't resist! :)

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  • ronhira
    07-08 06:13 PM
    That might be customary in your Mexico. :D

    i figured u won't have a clue that this is a quote form the founding father of The United States of America - Ben Franklin.

    hey.... how would you know?


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  • bsbawa10
    08-07 07:21 AM
    PD April 2004
    I40 cleared on May 10, 2006
    I485 Receipt date July 25, 2007

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  • abracadabra102
    03-11 05:24 PM
    it is called desi mentality. Unless the ass is set on fire - desi folks don't realize the importance of such things.




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  • sandy_anand
    11-02 06:43 PM
    There's always two sides of a coin. Don't think much about people who gave you red but there were also people who gave you green. And in this forum red and green means nothing.

    It's just that some frustrated souls gives you RED and some relaxed souls give you GREEN.

    There were some frustrated souls out there who gives you RED for everything, who doesn't add any value to this forum.

    And I bet even I would get for this comment.

    Take it easy.

    Well you go...a green!

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  • CaliHoneB
    05-30 07:24 PM
    Voted Yes!


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  • nrk
    10-31 09:22 AM
    When you make a call to the call center and find out some details which they don't know, they will open a service request for you. Some one apart from the call center people will reply to that service request. You will be receiving a response in mail.

    Can anyone please tell , What is a Service Request ?
    I know about infopass and the call center telephone number.

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  • vivid_bharti
    04-28 07:48 AM
    not "most"!! only few have a wait of 3-4 years, most have a wait of over a decade....the numbers of applications pending at AOS stage at USCIS is scaryLook at the number of people who posted messages to this thread .... even if you say 4 times that number of people posted messages to it is no where close to the numbers we need .... Lets not kid ourselves - Unless there is a miracle - most of us are looking at aleast another 3-4 year wait :(


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  • ilikekilo
    04-07 10:02 AM
    Thanks for contacting IV with your SOS.
    An IV core member is going to be helping you to fix this with USCIS. Let us know if you need help. He already tried contacting you yesterday.

    As IV grows maybe this is a help IV can extend to all its donor members and help them if they get in such extreme distress situations. This is one of the ideas we are thinking for our members in the donor group.

    I absolutely support this idea, hopefully this would strengthen the donor base as well and encourage people to come out and help themselves..

    Its good to see these kind of innovative ideas coming out..

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  • abhidos37
    08-22 12:12 PM
    yes, the received date stamped by NSC on 485 application is June 28


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  • crystal
    02-10 08:44 PM
    my receipt also start with wac currently in nsc and there is an lud on my case today .

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  • longq
    12-26 03:26 PM
    So that means the unused Visa number flow "downwords" within the country category NOT "accross" the EB category.

    Yes. Now the question is, whether it is right or wrong as per the current law.


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  • desi3933
    02-25 09:28 PM
    I changed it to clarify. The answer is YES, we have had 100% approvals for CA=MA, but we have done relatively few. This is based on Indian documentation that CA=PGD. However the stronger evidence points to CA=BA. As you can see someone on this board got an approval for our evaluation for a CA=MA with a professor's expert letter. The professor's letters are not cheap but effective.

    In India, only UGC (University Grant Commission) is qualified to issue equivalency letters. Professor letter can be supplemental, but it can not be authentic certification, as UGC is only one to issue that.

    >> The professor's letters are not cheap but effective.
    Care to explain what do you mean by "not cheap"?

    Is there any university that have taken CA qualified for PhD programme?

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  • ramus
    06-27 08:00 AM
    I can't believe you are sticking with same idea.....

    lawers can prepare at their own pace but fedex them to reach on Jul 30th.

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  • crzyBanker
    05-30 11:21 AM

    07-10 08:36 AM
    We can keep sending emails / call the CNN President.

    He is already on the defensive..

    Read this....
    CNN's Immigration Problem
    Is Dobbs the exception�or the rule?

    08-22 12:02 AM
    I was able to successfully port my EB3 to EB2 and received my GC last month. I am working for a mid-size American consulting firm. My background is Bachelors in Computers from India and did Masters in Computers from US.

    I filed my EB3 labor in AUG 2005 and got both labor and I140 approved in two months.
    Filed 485 in July 2007 & got EAD/AP.

    Went to my Employer and requested them to either refile my application for EB2 or I will have to resign. Since I was already working as PM, it was easy for my Employer to file for EB2 for PM position.

    Filed EB2 labor in March 2009, Got approved in Jan 2010
    Got EB2 I140 approved in March 2010
    Late March Case transferred to Local Office.
    Personal Interview in May 2010 - IO was not sure why i was called for interview. No Questions asked and told to wait till date gets current.
    Date got current in July.
    - Call multiple times 800 number only standard response
    - Went to local office and request update. IO told to wait for a week. 2 days later on 14th July got my GC approved.

    I believe even if you get your GC 6 months early by porting dates, its worth it. I hope my story helps you.

    Best Luck!

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