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  • gcbikari
    03-18 11:57 AM
    Most of people file taxes jointly and so I am wondering if it becomes an issue for spouse on H4 about false info on income.

    If your wife is on H4 she has no income hence she qualifies for free medicaid insurance. provided you fill out the forms the right way.

    And there is a seperate Health insurance sponsored by government for kids below 18 years. based on your wife's Medicaid, your child can qualify for that insurance in your state.

    You might need to buy insurance for you.




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  • reddymjm
    08-07 09:55 AM
    you made my day.....it was so funny

    It was Funny....




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  • ns33
    03-12 10:39 PM
    Does this mean I can port the PD even if I moving from a technical position to a managerial position in a different company. of course I know one has to file a new perm and I140 with the new company.

    I think you can - however, please get some legal consultation for that from a good lawyer.




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  • ragz4u
    02-03 12:40 PM
    You should try and get an appointment with his staff. I am also from PA and am willing to come with you to their office if he gives an appointment.

    Did anyone else get any emails from their senators/congressmen?



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  • InTheMoment
    07-22 06:38 PM
    bluez25,

    Dates moving back is a once in 10 year event (not a guess but actual stats).
    The July fiasco type thing happening again is almost nil !

    Give that interview and get the immigrant visa.. You are all set.

    Tinku,

    How can you be so sure that I should be ok even when the dates move back? any links for me to read on information...




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  • bluez25
    08-23 01:59 PM
    Thanks and appreciate closing the other duplicate thread paskal. I wasnt sure about which categorty should I put this torture story.

    Keep up the good work..



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  • dionysus
    03-18 02:32 AM
    I am positively sick of seeing the same "case received and pending" status on my I-485 case for the past two years (almost). I call CIS and they parrot like repeat the same status which I see on their website. They tell me they have no further information.

    I simply can't take it any more. I have already paid unnacceptably high human cost for this GC. If my case has any discrepency and it is going to be rejected eventually, then I dont see any point of working in US from this point onwards itself. I would rather move back to India and use this time to build my career there.

    I can hang on only if I somehow get to know if my case has been pre-adjudicated for approval, and no more bureaucratic actions are required on it. But how do I do that?

    Any ideas?




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  • gomirage
    06-09 11:33 PM
    Dear Viewers

    I have all the proof that my client has paid him the money for which I worked but he continue to ignore my request.

    Any piece of advice would be of great help.

    You do NOT need to have proof that he was paid. If you are working for him on H1B, he needs to pay you the compensation stated on labor certifications. No ifs or buts.



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  • visaspirant
    10-22 02:14 PM
    Thanks again Elaine, for clearing much of the fog in my mind!

    So when she appears for H-4 interview in consulate in India, will there be any questions on her H1 stay in US? Is there a chance of her H-4 getting denied in case if the officer finds her out of status stay?

    Does she need to show proof of her in-status stay while in US for appearing for H-4 interview?

    Are we allowed to appear for our interviews at any consulate in India or are we restricted to appear only that consulate which is in my area of jurisdiction?




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  • nashdel
    04-06 11:26 PM
    I went to Delhi recently for emergency appointment. The person who replied to my email (within 12 hours) told me to call next morning.

    He gave me option for next day and told me to bring demand draft rather than their receipt for HDFC bank (lady at the counter did ask me about it though).

    You should complete the online application as per their recommendations on website. It is very important. They would avoid data entry by you doing so.

    Counter Lady put a blue sticker on my passport just like old times and asked me to collect my passport from embassy counter itself.

    After usual long wait, I was interviewed and even though I did not have some of the documents she asked, she did not create any problems.

    However, she said since my application is not cleared in PIMS, she is helpless in issuing visa. She gave me pink slip with ' petition not in PIMS' and emergency appointment written over it.

    She asked me to check status on line at NEw delhi embassy website.

    Anyway, it took them 2 weeks to clear PIMS and I had to postpone my flight 2 times. Emails to them is useless. they would not reply at Delhi. Phone is answered between 2-3 PM and I have to constantly redial many many times before some one will pick up.

    I asked for them to return my passport many times so that I can return on AP but they would not do that. (could have been risky long term as my I 140 is not cleared yet). My h1b attorney`s paralegal did advice me to come back on AP if I am at risk of loosing my job. She said usually going back to H1b is very simple process even after you enter on AP.

    Anyway, If you have AP, think twice if your employer is not willing to wait longer than necessary.

    By the way my information was never updated on website even after I got the visa. My wife was calling DOS in US and they were very helpful in telling the status of PIMS.

    Hopefully that helps you in your difficult times.



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  • rajuseattle
    08-14 05:31 PM
    raminmd,

    dont worry your attorney knows the process of contacting Service centre folks in these type of situation where USCIS erroneously rejected your wife's I-485 petition.

    He will know thro' his AILA liason the appropriate procedure to get hold of USCIS and correct this situation.

    Your wife wont be out of status, since she entered on H-4 dependent status, once her I-485 gets in processing queue she will be in AoS pending status and that will let her stay in this country until USCIS gets her GC.

    Make sure her application somehow gets to USCIS AoS adjudication unit and you receive the USCIS receipt notice establishing her Priority date similar to yours on the I-485 receipt notice. you can apply for her EAD and AP so that she can work and travel outside of US using her AP.


    Hope this helps you.




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  • bkarnik
    04-04 10:36 PM
    The AOS (485) is based on the I-140 approved for the beneficiary listed in the I-140 and not the labor. Besides, the DOL is not really concerned about EB2 or EB3 category. The DOL asks for the alien information just to verify that the job ad is not tailored to meet the alien's qualifications. EB2, EB3, etc are categories under the INA which become applicable only once the I0140 is filed. In a nutshell, your friend should have consulted another attorney before the I-140 was filed under EB3. It is not possible to change the 485 filing to EB2 based on the labor because the immediately preceding step to filing 485 is the I-140 which governs.



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  • Legal
    08-15 08:13 AM
    USCIS is fishing form I485 application pool, in approvable cases, 2006 cases are nearest and an easy catch.

    the more readily reachable boxes are filled with later PDs with a few 2004-5 PDs. The older PD applications are in boxes in storage area. Sounds brutal to those with earlier PDs, but no other rational explanation is forthcoming. This will all work out OK, if they have an accurate estimate of both the pending cases and available GC numbers.

    To top it all there is total disconnect between TSC and NSC.




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  • dreeft
    10-29 12:32 AM
    dreeft, you could set it up as subcontracting work out though, all the work being funneled through one person and then subcontracted to other members of the "group"

    Then it wouldn't be a business and hence would be a "group" of freelancers :P

    I'd be interested if you could find some jobs Flash-Matic, do you have AIM or MSN?
    Yes, that was what I was getting at. He'd still need to start the "business" up and then subcontract to other "businesses".. :D



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  • muthukmk
    08-03 04:14 PM
    Hi All,

    I have my labor filed and approved for EB3 March 2005 PD. My I140 too has been approved in June 2007. I filed for 485 on July 2nd. I would like to know whether I can now start a fresh EB2 and also apply for I140 and use the older Eb3 priority date of March 2005. I have not changed my company I need guidance for experts in this regard.

    Just for information, my I140 was approved after I had applied for 485


    Regards,




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  • GCard_Dream
    08-20 06:49 PM
    I received my "Approval Notice Sent" email on Aug 13th and actually received the notice on 16th. However, never received any "Card Production Ordered" email. From your post, it looks like you received the card production email before the "Approval Notice Sent" email. I am just wondering why I didn't receive any card production ordered email.

    I would imagine that once the 485 is approved, card production is automatically ordered. Any input guys?

    The Story Thus far:

    Though I am not an immi guru ( I never knew what was LUD till I started checking this site), but check this site for regular updates, so wanted to share news with others who eagerly waiting for approvals in Aug.

    I -485 RD: 08/11/07 LUD: 08/03/09 AD: 08/03/09 - Self
    I-485 RD: 08/11/07 LUD: 08/03/09 AD: 08/03/09 - spouse

    Aug 3: Card Production Ordered email received
    Aug 6: Approval Notice Sent email received
    Aug 7: Approval Notice Sent received in mail



    AP RD: 08/09/07 LUD: 01/02/08 AD: 01/02/08 - Self
    AP RD: 08/09/07 LUD: 01/03/08 AD: 01/04/08 - spouse

    PD: 03/13/03
    I-140 2 (EB2) AD: 05/06/09
    EB2 - India / MI / NSC



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  • dilbert_cal
    07-05 03:11 PM
    You need to trust your company lawyer. Apprise him of the entire situation and he will guide you on how to proceed. In my opinion, until you get a RFE, you wont have to do anything.




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  • manishs7
    06-11 07:19 PM
    This is causing confusion.......




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  • kanshul
    02-01 09:36 AM
    Fair enough.

    You said you don't have EAD.

    Did you file for 485? If yes was it in July 2007? Please update your profile.




    seekinggc
    07-16 04:59 PM
    Hi to all in this morass called Immigration to the USA,

    #1 I've got a suggestion : IF there is some way we can get through to someone intelligent (duh !) at the IT department of the USCIS, would that be of some help to check up on what's happening with the cases ?

    #2 My lawyer filed an I-140 in June of 2006 with a PERM labor of PD Dec '05. He filed it with a "copy" of the labor and case is still pending. In May he filed some paperwork with the USCIS about my case so that they (USCIS) would request a duplicate of the "original labor" from USDOL. All this sounds very complicated. I would like to know the experience of other people in a similar situation and what needs to be done to expedite this process ? My I-140 has been pending for more than a year .....

    Thanks !

    Hey,

    My I-140 was filed in June 2006. It was based on the LC Substitution from the same company..but filed with the copy of the LC. It has been still pending for more than a year with TSC. Last inquired with USCIS in Jan 07, USCIS came back to us and said it requires an additional review. But the LUD remain the same as June 2006.

    My lawyer said she will another inquiry with USCIS in August 2007 as 6 months waiting period will be over from last inquiry....




    pa_arora
    09-20 05:19 PM
    How does that help us?



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