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indyanguy08-07 10:43 AMWhile I agree that yours is a genuine case, I must say that you are asking a wrong question. How do one know when would your recipt come out from USCIS? No one has a crystal ball dude...Think before you send out a question there.....

I understand that one cannot guess when USCIS sends out receipts. All I wanted to know was if there will be different receipts sent out for LC/140/485 and if the processing will be done simultaneously or separately.



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paitel08-14 08:21 PMMy wife completed her BS while on H4.
In Florida person on H4 is regarded as US resident for tuition purposes so, if you attend state university, you will pay (much) lower tuition. I don't know if this applies to other states.



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ronhira06-12 04:07 PMThis is terrible news !:eek:

Its not so bad. The President could have created a consensus to not to anything right now in the meeting on 17th June. He has postponed the meeting, which seems to indicate that they are trying to cut a deal or count votes required for the bill. Its not bad, its a good news.



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rajenk02-11 12:56 PMLast week my wife's I-485 got an RFE on Medical Examination and Photos. Why is that only my wife got it and not me the primary applicant? Any thoughts. I have read some time ago that if the Medical examinations are 1 year older at the time of application processing they would request for a new one, is that still true?

Looking for your replies.

Thanks,
Raj

Contributed $300 so far.

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kiru_9910-30 02:25 PMI called the USCIS they told me that it is rejected b'couse of Filing Fee. I left a message to my lawyer & my employer they didn't get back to me yet. Waiting for there reply



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webm05-12 10:00 AMCongrats!! you both..

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little_willy07-25 12:38 PMI changed jobs recently and retained my attorney from previous employer even though I had the option of using the current employer's attorney for free. The reason being

1. I had good relationship with my previous attorney.
2. I never know when my dates (EB-I 06/03) will be current and in case of a layoff or future job change, we need to update USCIS with the new attorney information which I thought will raise a few eyebrows and was not comfortable with this option.
3. Even though you change attorney and send the updated details to USCIS, chances are that they don't update the system and any RFE or information may still get sent to the original attorney that filed your I-485.

Note, that I am not suggesting you one way or the other, these are the reasons for making my decision, hopefully this will help you make an informed decision.

Thanks.



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rameshvaid10-16 09:47 PMDo the right thing. Don't try to find a loophole.

It is possible to convert from B1 to H1, I did the same in 2002 but he can not work till he gets his H1 approved. Simply applying and getting the receipt notice will not make him eligible to work and if he works and is caught he will be deportrd and will not be permitted to come back ever again. He will be under H1 cap also and will have to apply when next year quota opens. You also said that he got all his H1 papers then why he wants to risk it. Best route will be to get H1 stamped in India and come here.

Considering if all that is done, he will still be exploited by his employer if comes on B1 and will have no legal status to work. It takes anywhere between 3 -6 months to get the H1 approved here in US. I assume he is going to work for a desi company or consultant, no American company will encourage this route. He can not get is SS# also till he gets his H1 approved and no question of getting Driver's Licence.

Tell your friend to weigh pros and cons before he decide to come on B1..We all know what we are going through with this broken immigration system..

Good Luck..

RV

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gcputtu11-01 04:48 PMEven i'm in the same situation. My employer does not let me to interact with the attorney and is sad in following up.
He is yet to apply for my PERM.

Even i'm curious to know if there is a way to track it other than employer/attorney creating a sub account. I'm dead sure they would not create one :(

Please let me know if you get to know.

Thanks!



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indianabacklog08-06 07:09 AMMy case cannot be processed under CSPA, because the form I-824 was not filed within one year of the visa becoming available.

but i have a valid point mentioned after the follwing subject. please check if the point is valid.
ACC TO SUBJECT: CHILD STATUS PROTECTION ACT: ALDAC #2
REF: (A) 02 STATE 163054 (B) 02 STATE 123775

-------

If the principal applicant adjusted status in the U.S. and a derivative is applying for a visa abroad to

follow-to-join, then the date on which the derivative will be considered to have sought LPR status for

purposes of satisfying CSPA Section 3 will generally be the date on which the principal (acting as the

derivative beneficiary's agent) filed the Form I-824 that is used to process the derivative's following to

join application. Therefore, in cases involving a derivative seeking to follow to join a principal who adjusted

in the U.S., the derivative can benefit from the CSPA if the principal filed a Form I-824 for the beneficiary

within one year of a visa becoming available (i.e., within one year of the case becoming current or petition

approval, whichever is later). The instructions to Form I-485 (the adjustment application) advise aliens

adjusting status in the U.S. who have derivatives abroad to file a Form I-824 for such derivatives, and the

I-485 Form indicates that that Form I-824 can be filed simultaneously with the Form I-485
(READ MORE FROM http://guangzhou.usconsulate.gov/cspa.html )

I NEED HELP AND I THINK THERE IS ALWAYS AN ALTERNATIVE OF THINGS.
IS THERE ANY OTHER WAY ANY ANY ANY WAY???
CAN THEY APPROVE IF I REQUEST THEM ?
WHAT IS the way out?

I checked the visa bulletin from august 2003 to the dates when it was current for our category E3.

I have found this point please have a look and determine if there is a chance?

VISA WAS AVAILABLE FROM AUGUST 2003 TO JUNE 2005.
ACC TO LAW FORM i-824 SHOULD BE FILED WITHIN 1 YEAR OF VISA AVAILIABILITY.
SINCE THE I-824 WAS FILED ON AUGUST 2005 WHICH COMES WITHIN ONE YEAR FROM THE DATE

JUNE 2005. SO IS IT A VALID POINT TO BE ELEGIBLE TO PROCESSED UNDER CSPA?

ALSO there is a last hope

A 221(g) refusal will not be considered a "final determination," regardless of whether it occurred within

a year of August 6, 2002 or earlier. (The only exception to this would be if the alien's case was ultimately

terminated under INA 203(g) for failure to make reasonable efforts to overcome to 221(g) refusal. A

203(g) termination will be considered a "final determination.")
AND VISA AVAILIBLITY IS THE DATE WHEN THE PRIORITY DATES BECAME CURRENT OR THE DATE WHEN I-140 WAS APPROVED.

WITH this OR option in above line we can also consider the visa availibity date as the date when priority dates were current

Please correct me.
You do not give the date when the I140 was approved? This is the only thing as I see it that can make a difference. Also, when did you file your I485?

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SK200710-04 04:00 PMHas anyone been to the Mumbai consulate for stamping
Can you let me know the process?
Also website where I can get more info?

Is this a drop docs at embassy .. and they mail it to you kind of thing?

Thanks
V

Couple of weeks ago, a friend of mine went for visa revalidation at Mumbai, he requested if he can come back in the evening and pick up the passports(all family). He was let come in the evening and pick them up.



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delhirocks07-14 10:14 AMSurprised to see Korea in the top three...wonder what kind of employment professionals are coming from Korea.

What's that supposed to mean? Probably exactly the same kind of employment professionals that come from other countries! It's only the 12th largest economy in the world

To elaborate on that, S.Korea happens to be on the forefront of technological innovations. Highest per capita broadband use, highest per capita cellphone use...land of samsung and Hyundai

not to mention great food...korean bbq anyone

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gcwatchdog10-18 01:58 PMNo need to worry even if it's warning...
I had a same situation with my wife FP yesterday.
she got warning for 2 fingers........
I asked FP officer why the warnings and does it cause any problems.then
she replied nothing to worry it happens somtimes..
then asked again do we need to comeback again for FP.....
she replied no..not necessary unless and until FBI has any questions...



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eb3retro03-16 10:17 AMThank you very much for your post. I am in identical situation and planning to use AP to travel to India. Your post gives me some confidence to travel.


you are welcome jungalee..dont worry, you will be very fine.

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roseball07-20 05:02 PMI thought as per the new memo it is advisable to extend your non-immigrant status even if you have filed your AOS and work on EAD.

I know many people who were on H4 and started working as soon as they filed AOS and got EAD's, now in this case there I-94 issued for H4 is still valid.
When their spouse extended their H1B's, they did also extend the H4 petition to get new I-94's.

Like the attorney mentioned, you can't maintain H4 and AOS status at the same time. You can file for H1 to H4 COS but as soon as you use your EAD and start working, you will lose your H4 status. Having a valid H4 I-94 does not mean you still maintain H4 status. You can't work on H4, period. EAD gives you authorization to work based on your pending I-485, but then using your EAD will put you back in AOS pending/Parolee status. Hope this helps...



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validIV03-31 03:35 PMI am thinking of starting my own company doing work similar to what I am employed for? Can I quit my job and start my own firm on EAD. I will be the sole proprietor and employee and the business would essentially operate as a startup for the foreseeable future. Will this be ok during I-485 adjudication? or do i need a regular job?
Atish.

You need your job just in case of an RFE. You can work on EAD on the side.

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MetteBB05-11 04:01 PMOh... I didnt realise. Well atleast now he has some to chose from, i dont mind ;)
�
Just passing time anyway. Messed up my Flash MX 2004 instalation and can't get it to work again.... :( (which has nothing to do with stamps I know... nm)


/mette



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skodu07-17 11:39 PMMy Wife was 5 months pregnant when we went for medical exam in June 07. Her Obgyn did all the HPV and HIV medical tests in Feb 07 and additionally did the vericella anti bodies blood test in May 07. She did not take the this time TB skin test as both of us tested Skin test positive and Chest X ray negative in 2003 and we both took 9 months preventive medication.

We transferred all the medical records from my Primary care to Civil surgeon for other vaccinations that we took back in 2004 before going for our first baby so that we don't get into this vaccinations mess . So he just wrote the comment to do the Chest X Ray again at primary care physician after the baby is born and certified fully healthy. So this time I did not spend a dime on her medical tests as everything was covered by Insurance. I just took chest X Ray and then Blood test at county health department.

All you need to do is to take the records from your primary care or OBGYN and take them to Civil surgeon. Make sure to take your wife's blood reports done OBGYN in addition to her referral letter. Everything will be alright. If you did not take vaccines, then he will write his recommendation which will result in RFE.



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gjoe01-04 09:24 AMI guess they still send a request to DOS for visa number for that case and they would turn it back saying no visa available. From this point on it is a grey area, it goes into the storage at USCIS. The next attempt for a visa number for your application happens only when USICS visits all the files in their storage again.

All that I have mentioned above are just my guess based on the trends I see at various forums.

hi gjoe,
thanks for your reply. now EB3 Priority dates are gone back to 2001. say there is no visa numbers available after the 485 applications processed which are submitted in july and aug 2007. then waht they do? they have to keep the processed applications aside untill the visa numbers available right? so at that time which one become priority is Labour filing date or 485 RD?



dallasdude04-08 03:07 PMThere is nothing wrong with the OP's question. The response from couple of wiseguys is jsut flat out annoying. My only concern with the cruise is to wait for a while until the economy rebounds.



crazyguy4u07-16 07:49 PMNO, u cannot apply, unless you want GC as principal applicant only