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  • nashorn
    12-18 01:43 PM
    You sure can and better do have the atterney do the job. Not much people have experience on appeal/motion. I hope your atterney do.





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  • rbharol
    02-16 12:08 PM
    I know 485 cannot be filed without PD being current. Can one do consular processing without being dependent on PDS:p

    No!

    I asked the same question to my lawyer.





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  • JeffDG
    02-15 03:50 PM
    While this may seem "out there", it's not really.

    US Immigration Law recognizes some administrative divisions within countries. Take Northern Ireland as the classic example. You cannot apply for the DV Lottery if you are from the UK, except if you are from Northern Ireland, yet Northern Ireland is firmly part of the United Kingdom. I'm sure there are others as well that are recognized.





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  • morchu
    05-13 09:50 AM
    I have no question about that. The immigration intent was proven at the time he filed 140.
    But intent is not something which stays forever.

    In another way, even after filing 485 (or even after GC), staying outside of US for lengthier period of time itself is considered as an intention not to permanently stay in US, and can be used as a reason to revoke GC. So in a way USCIS interprets long absence from US as an intention of not immigrating (even if it is for a completely separate cause).

    I know that one of my friends parents after getting GC, revoked them, and later wanted to visit their son and got approved for visitor visa.

    I know it may not be easy, but all I am saying is "it is NOT a closed door". The argument should be "intent was there but not now". And it is on the applicant's shoulder to prove, "why not now".

    "immigrant intent" is proven/shown when and if one files "immigrant petition"



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  • GotFreedom?
    03-23 01:33 AM
    Dude, whats wrong with you picking on a spelling mistake while the guy is trying to convey the condolences? Its a tragedy and u managed to find humor in it.

    My prayers are with the families who lost their loved ones.

    you really want their souls to rest in "piece"? sorry could not resist it... ha ha ha...





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  • american_dreams
    08-27 10:35 PM
    My(dependant) EAD is still pending while primary's EAD was approved on 8/19 by TSC.

    Anybody out there with Self and Spouse EAD Card approved from NSC, but Self actual physical EAD card arrived but Spouse physical EAD card did not arrive at the usual time say 5 days after approval.

    Usually I have seen both arrive at the same time. Please comment. Thanks.

    I ahve also heard about cards being stolen from the Kentucky facility. So, anybody out there who had to file for a replacement card for self or spouse.



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  • sbmallik
    05-04 10:59 AM
    Thanks, You are right I havent applied for my I485 yet. I am only concerened about when I return back to US, will there is any issues at POE due to my long absence on H1B?

    Really appreciate all the answers!!

    You can't maintain H-1B status while physically residing in India. But, you can still have your GC process running.

    An absence won't be of any consequence as long as the visa is valid and you are employed by the same employer.





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  • j0se
    09-15 06:52 PM
    that was quite a journey!! i think half way through it i realised that i will not be making this effect again (at least too kickly...)

    www.alt-student.co.uk/bs5.htm


    i have to say that flash MX's 'distribute to layers' feature came in really handy for this

    thanks again

    sleep = true
    :)



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  • thomachan72
    09-14 06:33 AM
    Realistically I feel we (i.e. High Skilled Immigrant community) what the Jews went through during WWII at the hands of the Nazis.
    Cornered from ALL sides.
    Helpless.
    Discriminated against (due to our skills and since we are willing to work like dogs, good deal for US employers)
    About to be driven out of this country. (H1 expires shortly and no sign of EAD or GC)
    And finally about to be MASSACRED. (at the hands of the Obama's of this world)

    US is no longer attractive to top immigrant talent that actually made USA what it is today.

    Come on peshwa sir, don't blame "top immigrant talent" for what USA is today:D:D:D





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  • nat23
    06-14 11:17 AM
    I would recommend you stick to you H1B by getting an extension on H1. The problem with EAD is that EAD extensions take long and there is no guarantee your EAD extension will be granted before the present one expires. If this were to happen you are out of status (ppl correct me here if I'm wrong). So maintain ur H1 status as far as possible.



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  • mnkaushik
    02-06 02:22 PM
    Hi All,

    I got promoted to Manager but my GC is applied for a Consultant 2 position (Developer Job Description). My Lawyers do not think it is an issue since it has been more than 6 months of my 485 application.

    Is this really true?

    Thanks,
    Kaushik





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  • RadioactveChimp
    04-16 01:42 AM
    ok seriously guys...this is kinda pissing me off in a funny way

    I mean COME ON! Xbox stamps? Gradient stamps? American flag stamps?

    does originality exist anymore? I mean they don't have to amazing pieces of artwork, but at least put some though into it


    sorry for ranting on your thread sparky :ne:

    -Dean



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  • txh1b
    08-18 01:28 PM
    Well if it is clearly mentioned in the offer letter that Employer will cover the GC cost, then isnt the employer supposed to pay for it irrespective of when the labor was filed. It was filed in 2006.
    Btw, i am on AOS if that is what was meant from my legal status..

    Thanks for all the responses to my thread so far..

    Like I said before, this is a civil issue and a contract claim. This can be handled by means of a lawsuit as a civil proceeding if you wanted to. The likelihood of you winning the claim is very very slim in court based on my knowlegde. If you want a government agency to help you, that is not going to happen as there is no claim of any violation here.





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  • vin13
    01-08 03:35 PM
    I have been in US for 12 years now starting from F1 to several H1-bs. The IO did not look for anything. He just looked at the photo page for identification, AP copies



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  • GCBy3000
    07-11 05:02 PM
    Why only moderators my dear friend, even members will not like it. 99.9 % of the members are professionals and working for common cause with team spirit..





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  • snathan
    03-29 11:57 AM
    I understand that IV needs the money to get things done. But money is not the only thing IV needs. It needs people to volunteer, make calls, meet lawmakers, participate in rallys, general conference calls and start motivating campaigns like the one availing FOIA. If money contributions are the only way for people to be up-to-date about status of IV activities, then what about the people who contribute in other forms?

    IV may get the money needed, but at what cost?

    So what do you suggest as the alternate to get the needed fund...?



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  • GCVivek
    05-13 08:38 PM
    This might delay your GC for another 2years. Mainly due to security concerns after 9 / 11. Better option is to get your GC and then apply as family. Will take at least 4 to 5 years.





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  • gk_2000
    10-19 04:40 PM
    Aw, I can't say.. Who knows what will be the value of a $ that time?





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  • sunny1000
    04-07 03:56 PM
    Hi,

    I submitted my 485 in julyEven i applied for my wife too.....we both got EAD, AP...She left to India...we have problems and we may seperate each other...So not sure when we get divorce because of outdated Indian marriage laws...Are there going to be any problems when they are adjudicating my 485 application? Her FP done and she got AP until Sep 2008...Now what will happen if USCIS sends out an FP notice for my wife...She won't be doing finger printing...Is it going effect my GC in anyway?

    It will not affect your GC in anyway. They will send RFE for your wife when it comes for adjudication. You can reply thru your lawyer, based on your marital status at that time, the appropriate answer.

    AFAIK, if she does not come back before the date mentioned in the AP (sept 2008), she will abandon the GC application unless she has a valid dual intent visa.

    Hope things work out between you and your wife.





    lskreddy
    01-12 11:16 AM
    Kiran,

    My wife and I plan to go to Delhi in the first week of Feb, have not booked the actually appointment yet but plan to. Couple of questions.

    Was the calendar fairly open in Delhi for you to book appointments? Can you suggest a hotel that you stayed in and liked, etc..?

    Thanks.





    gc_kaavaali
    08-12 02:21 PM
    That seems to be true. I had infopass appointment yesterday. IO told me samething. He told me my NC would be cleared by November this year(Because USCIS planned to clear out all NC pending cases for more than one year by that time). God only knows what is happening!!!!


    I talked to an IO at TSC couple of days back and she said 180 day rule does not hold yet, it starts only after Feb 09. And that my 485 can only be processes if NC is cleared (yes mine is still pending, wondering why :confused:).

    PD Sep 05.



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