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lazycis
10-04 12:55 PM
Is there and on going class action lawsuit? and if there is where can I get info to join. I filed for a k3 visa a year and 110 days ago. Till this day USCIS still wont approve my applications because they say that we are stuck in bacgkroud checks. I dont understand how people that field way after me already have their spouse here while I have been waiting for over a year and we still dont have the NOA2. What can I do, where can I joint o get help. Is there a class action going on for this?

Unfortunately there is no class action for your case. It's hard to file a class action for mandamus suit as the circumstances of each case are different (i.e. different waiting time). But you definitely can file an action for yourself and defend yourself from the injustice. Check this court order, it may be helpful
http://immigrationportal.com/attachment.php?attachmentid=16325&d=1179385606
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bujji_d
10-12 04:33 AM
Dear experts.. Need your advise..

I stayed in US for full 5 years on L1-B. After 5 years period I applied for H1-B and returned to Inida on 1-Jan-07. And I got H1-B in lottery. Below are my queries

1) My I-797 says that its valid for only one year till October 2008. What could be the reason. (Because I stayed 5 years in US? )

2) So is it advisable to go to stamping after 1-Jan-08? Or can I go for stamping now? I don't want to be in a situtation where I'll b given Visa till Jan'08?

3) Now my company wants to apply for L1-A. What happens to my current H1-B if L1 is applied?

Assuming applying L1 is not going to be invalidate my H1 papers,
4) If I go for L1 stamping, will it invalidate my H1-B papers?

5) If I come to US on L1, is it possible to change status to H1?

Any help will be greatly appreciated.
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lost_in_migration
05-14 08:52 PM
This is a EB3 - General Poll across all countries
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Lisap
08-03 12:30 PM
Libra-

I apologize for upsetting you- I am not a pro at this just joined yesterday- can you give me a break? Next time I will send you a note to see where you think I should post....
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reachinus
09-26 01:52 PM
I think you are already late. You should have done all you can, like meeting the senator, writing to uscis, infopass appt, as soon as you PD was current. Now the Visa numbers are over for the FY 2010. You may get lucky in October when new visa number are available. Hope this helps.


Hello,

The 485 applications for me and wife are still being processed by USCIS in Los Angeles. My priority date (August 1, 2005) became current almost 3 months ago.

We have waited patiently since the priority date became current. There has been no movement except that they wanted to fingerprint us again, which we completed 2 months ago. My lawyer says he put in two referral inquiries but of no avail.

I have already obtained InfoPass for a couple of weeks from now. I will go and check in with the USCIS office here in LA.

1. What should my next steps be? Write to my senator? Or should I wait until after the InfoPass appointment
2. Am I pushing too hard on USCIS? Is it that they are simply backlogged? Should I just wait more?

I am concerned that the dates will retrogress again. Any advice or comments will be helpful.

Thanks,
SR
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thirumalkn
07-23 06:26 PM
Hi all,

I'm not sure if this has been already discussed before. I did a little bit of search, but couldn't find any relevant thread / posts in this issue on IV forums. Hence posting this question. If it is already discussed, thanks for providing the link.

If a company is willing to promote a Green Card applicant, how long should they wait after filing for Adjustment of Status (I-485) ? Let's assume the promotion Job description would be including all the current responsibilities and in addition there will be some more managerial responsibilities.

1. As soon as AOS (I-485) is filed.
2. After getting the I-485 receipt.
3. After the Finger Printing process (Biometric).
4. After getting the EAD.
5. After the 180 days mark (since the date of file) using AC21 portability.
6. After the I-485 is approved.
7. Only after getting the Green Card on hand.

Please provide references if there are any clear legal / procedural documents explaining this online.
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sertasheep
09-23 07:48 PM
Pappu,

Great! Thank you for the efforts. A wiki is going to be useful!!!
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reddymjm
01-02 06:43 PM
Even if it is close to that 2020 do not get surprised
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TheOmbudsman
08-09 11:04 AM
I don't know.
My friend same something that it makes sense;
Don't expect to see any real improvement throughout the Pres. Bush Administration. Remember politicians do shows. Even the current SKIL bill seems to be way unilateral and that would not be welcome by American voters either. I think until lawmakers truly stop listening to lobbysts and bring a true balanced bill to the table, we will see lots of "shows", but no real result.

It may happen someday, but I don't count on it necessarily in 2007.

Hi All,
I am sure there will be some sort of immigration reform worked out by the mid next year. So please stay calm and enjoy! Eventually you will get your EAD and GC. You just have to hang in there.

peace........
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GlobalCitizen
07-26 09:07 AM
Hello everyone,
I got to know about this website recently and I wish I had known it earlier.


Anyway, I need advice/conformation


I got married recently outside the US. However, I did not come back with my wife b/c of a couple of reasons. And I cannot bring her here in the next 3 weeks. (My H1B is getting renewed...)

The company's lawyer is advising me not file for I-485 and wait till I become current again and apply with my wife then. (I am EB3 and my PD is March 2005)

After reading this web and others, if I go ahead and apply now the following are the choices that I have later. Please confirm if I am right or wrong

1. Get every document ready for my wife at all times and apply for I-485 immediately after I become current. As long as they receive her I-485 before they approve mine, she is going to be fine. She will be fine even if they receive her I-485 a day before they approve mine.

2. If my I-485 gets approved before my wife�s I-485 get there, under section 245(k), she has 180 days to send in her I-485 as long as PD is current. And there is no penalty and no other problem with this. She can stay in the country and wait for her I-485 to approve.

3. If I though that it was a grave mistake to apply for my I-485, I can withdraw it before it gets approved and reapply later with my wife�s when I become current again. No problem with this other than paying the fees again.

4. My wife and change her H4 to F1 any time she wants to as long as she goes to school full time. She could be on F1 and apply for I-485 when I become current (I feel uneasy on this one).

Please, let me know if what I listed above is right. These are the only choices that I have ready about. If there are more choices please, let me know that too. I have to make a decision by the end of tomorrow. Thank you all!
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rayoflight
12-21 01:51 PM
Have you contributed to the MILLION dollar drive? Please visit the funding thread!

Thanks for asking Pushkar. I did.
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eager_immi
04-05 08:15 AM
if it is urgent shouldn't you consult a lawyer?
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skumar9
04-13 12:26 PM
So did you answer the RFE ? ....
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Dipika
03-28 09:41 AM
guys, Murthy says EB2 will move forward in May 2008 bulletine. Reason is getting leftover visa from EB1 India's category.

http://murthy.com/bulletin.html

hoping big forward move.:D
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GooblyWoobly
09-25 03:19 PM
Let me clarify point 3) again
I told it because the same way my spouse received SSN# < 10days but those people will say it take minimum 15days or so.But before you go to SSN office you need proof of EAD approval or best is EAD card,passport handly.

HTH,

No, No. Your answer was perfectly correct. But the OP had asked this:
"Is the there a time frame within which one has to get the SSN#?"

So, I thought he is probably asking if there is any time limit by which you have to get SSN or you don't get SSN at all.

It's better to apply ASAP. In my wife's case, after her H1 came along, we just took two weeks to apply after she started working. The result was, at the end of the month, we were in a legal limbo. The company (one of the big companies in the valley) couldn't pay her because she doesn't have her SSN. The company cannot keep the money as she is legally employed, and has worked. So, not paying her that month will break the H1B terms. Luckily for us, SSN arrived on 29th of that month!!
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GCBALAK
03-18 12:57 AM
I am on an EAD (dependent), as my husband was the primary applicant. He has got his GC and mine got stuck after the July - Aug 2007 fiasco :(.

I want to start a IT company with my friend who is a US Citizen. I know my husband is a sure shot to have the company in his name however, he is in a full-time job.

My questions:

1) Can I start / partner with a friend who is a US Citizen?

2) I am thinking of an LLC. Is that ok? or should it be S-Corp? More reading of S-corp says to be US Citizen or US Permanent Resident so I am more leaning towards LLC. Also there is a provision that we could change LLC to S-corp at a later date (if needed).

3) What should I make sure if I go through the LLC route? - like Designation, Salary that I can take, work for the same company etc

4) Does state make any difference? If so how? I am a PA resident and my friend is from Texas. We are thinking of registering the company in Texas.

5) I got my 2 yr EAD valid till Sep 2010. Is there any special procedure that I need to do or just extend it before it expires.

Any tips / advice from the experts will be highly appreciated.
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windycloud
07-16 09:45 AM
Both have same I-94 number with different visa class and expiry date. I think you have to hand the one that came with h1b. I think either way it will be in system since both I-94 have same number.

I have a slight problem. My two I-94s do NOT have the same number. My immigration attorney's office screwed up when applying for my H-1B. They made a 1 into a 4 by mistake.
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gparr
April 3rd, 2005, 05:00 PM
I'll take a run at it. Just opened the shadows and added a touch of saturation, mainly to put more punch in the sky so it will stand up to the heavy, cold mountains. I like the shot but can appreciate it's not what you saw. In a shot such as this, I would have tried either using a graduated ND filter so you could give more exposure to the rocks, or shoot two frames, one exposed for the sky and one for the rocks, then sandwich them together. Did you get other shots later during the sunrise, where there is some light on the rocks?
Gary
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sagar_nyc
02-11 12:00 PM
Yes My 140 was approved close to Sept 19.. Thanks


I think your attorney is right... Was your 140 approved in September.. meaning.. is Sept 19 close to your approval date? if that is the case I wouldn't worry. But if your approval was much earlier than Sept then it could be something to clarify from USCIS.
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renupond
10-04 05:02 PM
My self and my wife both are on H1B. Both are working for different companies.

I filled I 485, EAD and AP through my company, for my self and my wife.

Questions:
1) I am the primary person. After getting the EAD, Is it possible, If my wife can open a consulting company with her name?

2) After opening a consulting company on her name, Is it possible, she can leave her H1B employer and run her own paystubs on her own company.



Your help will be really appreciated. :)
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asekhon
06-18 11:31 AM
Find a colleague, who can say what you worked on etc. on a plain paper. The colleague, could very well be working somewhere else and doesn't need to be a current employee.

If you can get a letter from your employer saying what dates you worked there, you can attach letter from your colleague with it.

Also, if he is saying point blank...no letters. I hope you have W2 and income statements that you can furnish to prove your employment.
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