jack_suv
07-19 03:59 PM
My question is
what are the ramifications if
1. I apply for i-485 now.
2. get married and bring spouse on h4 and she remains on h4
and my I485 is approved before the PD is current so spouse is out of status for a short while before she can apply for AOS?
my case is EB2; PD is july 2006.
what are the ramifications if
1. I apply for i-485 now.
2. get married and bring spouse on h4 and she remains on h4
and my I485 is approved before the PD is current so spouse is out of status for a short while before she can apply for AOS?
my case is EB2; PD is july 2006.
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Omega30
10-05 04:25 PM
check this out...
On 11-sep-07, Governors of 13 States Write to Congress to Urge an Increase in the Availability of H1-B and Employment-Based Green Cards
http://www.immigrationlawgroup.net/news/20070913.pdf
it's all part of the game.. gyus
On 11-sep-07, Governors of 13 States Write to Congress to Urge an Increase in the Availability of H1-B and Employment-Based Green Cards
http://www.immigrationlawgroup.net/news/20070913.pdf
it's all part of the game.. gyus
sac-r-ten
05-10 09:41 AM
So the question still remains. Which is better school for MS with a little lesser load on the pocket.
I wonder why every dicussion has to take a E2 vs E3, regional discrimination and other such things. Can't we have a proper engaging, fruitful discussion on any topic. Learn to respect and appreciate others. In God's scheme of things nobody is greater or smaller.
Good luck.
I wonder why every dicussion has to take a E2 vs E3, regional discrimination and other such things. Can't we have a proper engaging, fruitful discussion on any topic. Learn to respect and appreciate others. In God's scheme of things nobody is greater or smaller.
Good luck.
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bestia
08-15 03:54 PM
They will know because when you fill out the N-400 application form, you are required to list your employment details for the last 5 years.
I don't quite understand these "citizenship" worries. Am I missing something? You are not required to keep W2s for more than 3 years. You can apply for your citizenship on 6-th year and list your employment after 1 year of having GC. So you appear on interview showing last 3 W2s and that's it. Why would it lead to denial of citizenship?
I don't quite understand these "citizenship" worries. Am I missing something? You are not required to keep W2s for more than 3 years. You can apply for your citizenship on 6-th year and list your employment after 1 year of having GC. So you appear on interview showing last 3 W2s and that's it. Why would it lead to denial of citizenship?
more...
pappu
08-27 02:34 PM
our immigration department told me that as per USCIS regulation they can not apply earlier than 6 month of expiry date
Strange...
Apply on the date your 6 months are left. Use the couple of months before that to follow up with your employer and Lawyer and get all paperwork done and application packet ready. If lawyer or the employer is slow, then one needs to push them since ultimately you are going to be affected and nobody else.
The onus is on the H1B worker to be diligent and not leave everything to the last few months. DMV is only following the rules. Maybe some of them are not aware of the rules. The issue of not getting license despite H1B approvals, and H4s not getting DL is something one can take up as an issue with media and authorities. But just because the person did not bother to get the H1B extended until the last moment cannot be an excuse for relief when we approach the authorities.
Strange...
Apply on the date your 6 months are left. Use the couple of months before that to follow up with your employer and Lawyer and get all paperwork done and application packet ready. If lawyer or the employer is slow, then one needs to push them since ultimately you are going to be affected and nobody else.
The onus is on the H1B worker to be diligent and not leave everything to the last few months. DMV is only following the rules. Maybe some of them are not aware of the rules. The issue of not getting license despite H1B approvals, and H4s not getting DL is something one can take up as an issue with media and authorities. But just because the person did not bother to get the H1B extended until the last moment cannot be an excuse for relief when we approach the authorities.
shx
03-17 07:01 PM
I'm ok with banning IP address. People can always go home and use IV, instead of wasting time at work.
more...
return_to_india
10-01 10:25 PM
I and my wife are debating whether to apply OCI or PIO card for our son who was born in US and has a US passport. We both hold Indian passport.
Can you experts please suggest which is the better route? The Indian consulate phone number is of not much help. It just keeps going in infinite loop and does not connect to a real person.
To best of my knowledge, at least one parent must have US citizenship to get OCI ( the rules were different earlier - may be 3-4 years back ).
Here is the san francisco Indian consulate OCI V/s PIO card link:
http://www.cgisf.org/oc/oci-chart.pdf
Consulate website : http://www.cgisf.org/
PIO Info : Consular Info (http://www.cgisf.org/pio/pioservices.html)
OCI Info : Overseas Citizenship of India Menu (http://www.cgisf.org/oc/index.html)
As for registering with police ( with PIO card ) every 6 months, i am not sure.
Some of my friends say one needs to send a letter to some regional dsp office.
Anybody has more info ( i mean the families with us citizen kid who moved
back to India and staying there with PIO card ? ) ?
Can you experts please suggest which is the better route? The Indian consulate phone number is of not much help. It just keeps going in infinite loop and does not connect to a real person.
To best of my knowledge, at least one parent must have US citizenship to get OCI ( the rules were different earlier - may be 3-4 years back ).
Here is the san francisco Indian consulate OCI V/s PIO card link:
http://www.cgisf.org/oc/oci-chart.pdf
Consulate website : http://www.cgisf.org/
PIO Info : Consular Info (http://www.cgisf.org/pio/pioservices.html)
OCI Info : Overseas Citizenship of India Menu (http://www.cgisf.org/oc/index.html)
As for registering with police ( with PIO card ) every 6 months, i am not sure.
Some of my friends say one needs to send a letter to some regional dsp office.
Anybody has more info ( i mean the families with us citizen kid who moved
back to India and staying there with PIO card ? ) ?
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Hassan11
09-07 12:16 PM
Hi
I have a question regarding an appeal I did a year ago for a rejected LC.
I have an approved LC and I-140 on an entry level position (EB3) with my company. after I got a promotion to a senior position that requires a masters degree but with a smilar job description but more senior and supervisory responsabilities with the same company. after promotion, I filed for a new LC (EB2) but it got rejected because DOL thinks it is the same position as the already approved LC. my company and I wrote a letter as an appeal on Sep 2006 within 30 days from rejection of LC to BALCA explaining that new position requires a masters degree and it is a senior position with more supervisory duties. as of today, almost a year later, we haven't heard anything regarding DOL (BALCA) decision on my appeal. is anybody in the same situation?? what should I do next?? also I read somewhere that DOl might revoke the already approved LC EB3 after I filed a second LC for EB2 with the same employer. can DOL revoke the first LC EB3 after I have an approved I-140?? please help. Thanks
I have a question regarding an appeal I did a year ago for a rejected LC.
I have an approved LC and I-140 on an entry level position (EB3) with my company. after I got a promotion to a senior position that requires a masters degree but with a smilar job description but more senior and supervisory responsabilities with the same company. after promotion, I filed for a new LC (EB2) but it got rejected because DOL thinks it is the same position as the already approved LC. my company and I wrote a letter as an appeal on Sep 2006 within 30 days from rejection of LC to BALCA explaining that new position requires a masters degree and it is a senior position with more supervisory duties. as of today, almost a year later, we haven't heard anything regarding DOL (BALCA) decision on my appeal. is anybody in the same situation?? what should I do next?? also I read somewhere that DOl might revoke the already approved LC EB3 after I filed a second LC for EB2 with the same employer. can DOL revoke the first LC EB3 after I have an approved I-140?? please help. Thanks
more...
riva2005
04-12 12:37 PM
I think Immigration Voice should stop this stupidity of catering to a community that cannot split $20 per month.
I think most members feel that things were going great without immigration voice when we were dis-organized, without any lobbying power and without an professional help.
I think most members are hoping that lawmakers will take pity on them at some point in time, and start working on their own so really why waste $20. How much stuff can $20 buy? Why waste it on Immigration Voice. Why not take your wife to a movie for $20. That's money well spent.
IV Core: Stop asking for funds and get back on with your life. Dont you have a life, a family, a job? Dont you worry about your own jobs when you divert attention from your daytime job to this stupid website and activities? Why they heck do you keep travelling to DC when you are not even having support of 1000 paid contributors?
Just go and leave this community at the mercy of Chuck Grassley and Jeff Sessions.
I think most members feel that things were going great without immigration voice when we were dis-organized, without any lobbying power and without an professional help.
I think most members are hoping that lawmakers will take pity on them at some point in time, and start working on their own so really why waste $20. How much stuff can $20 buy? Why waste it on Immigration Voice. Why not take your wife to a movie for $20. That's money well spent.
IV Core: Stop asking for funds and get back on with your life. Dont you have a life, a family, a job? Dont you worry about your own jobs when you divert attention from your daytime job to this stupid website and activities? Why they heck do you keep travelling to DC when you are not even having support of 1000 paid contributors?
Just go and leave this community at the mercy of Chuck Grassley and Jeff Sessions.
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kumar_rk21
09-11 07:36 PM
Two years before you would have got a different reply because selling a house was easier than now. My priority date is Jan 06, EB3-I, but we bought a house because of our personal choice. We wanted to give our daughter a nice environment to grow with friends. Why should she suffer because of the delays in GC?
Not buying a house doesn't hold you up to a location, especially if you are in consulting but again if you want to settle down and travel less, with EAD, it is still OK to buy a house. As long as you have some saving to take you through just in case you have to go out of the country and come again, you should be OK. If you don't want to risk it and space is not a concern, renting is not bad at all. House in the US according to me is not an investment purely on dollar value but the quality of life is way better than renting. If you will lose sleep just because you made a major investment, then hold on for few more years.
Not buying a house doesn't hold you up to a location, especially if you are in consulting but again if you want to settle down and travel less, with EAD, it is still OK to buy a house. As long as you have some saving to take you through just in case you have to go out of the country and come again, you should be OK. If you don't want to risk it and space is not a concern, renting is not bad at all. House in the US according to me is not an investment purely on dollar value but the quality of life is way better than renting. If you will lose sleep just because you made a major investment, then hold on for few more years.
more...
gcisadawg
03-27 01:12 AM
I got red with a message "so negative" for my post where I tried to be realistic.
I guess people dont want to hear the truth! :(
I guess people dont want to hear the truth! :(
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ufo2002
09-15 12:59 PM
Its very interesting to read about people�s different perspective about same thing we are all after.. lets ask ourselves.. honestly why we do want GC and I am sure we all would have multiple reasons for this in our subconscious but would not like to bring it to forefront because it would only undermine our own ability to fight it or make life more stressful.. but end of the day we all want this card.. for me I want it mainly for security and peace of mind�lets look at the different situations.. these might be extreme but we all might have thought about these situations atleast at some point in the recent past� .. and especially the people in the seventh year
1. You are in your seventh year� and you loose you job�.what is the first thought that comes to your mind.. I got to pack and leave .. pack your home of seven years and all your possessions you collected, in two suitcases of 50lbs each and leave�forget the Flat Screen TV,, forget all the electronics and the two cars you love ... just list them in craigslist �
2. You have home which you bought with so much pride�what do you do? ..List it.. make a desperate sale in this falling market.. loose a ton of money and leave�and don't even talk about all the silk plants..floor lamps.. the furnishing,, they are for the yard sale on the Saturday..
3. You have child whom you love and have plans for them.. love the school.. are an active member in the PTA � all of sudden what you do.. pull them out of school, move them from the only culture and the country they have known the only President they know is Bush and the only national anthem they have learnt is "The Star-Spangled Banner"�to another place where they don�t even understand the language forget the culture, national anthem etc..
4. Think about your spouse.. they have adopted themselves to this lifestyle.. probably felt lonely when you moved here 7 years but now like it.. its time for them to move back�why because your don�t have a GC
5. Forget the Golf and Tennis you enjoy so much here �it was all a very good dream..
1. You are educated.. have a masters, have a professional degree.. but have been in the same position and department because of your long wait for GC, what happens� the fresh college graduate or the dumb blond who joined two years back and whom you taught how to log into the network is now your peer and you are still on the same desk doing the same job getting the 2% raise and working even more hard..so that you can keep you job..with a new dumb boss.. who thinks you are so dumb that you have been in the same job for so long time..
2. All your batchmates are doing great..some of them are now sweating to be VP�s having risen by changing jobs �. You are still years away from that situation.. what do you do.. stop attending alumni meets and envy the mails in your yahoo groups from people..
3. Seven years in US.. you have made your professional contacts.. and have a social network.. in which you invested your time and effort.. loose your job in the seventh year.. and all these contacts are nothing but an occasional international long distance call in future..
Last but not the least� flight back home to your country is not going to be as smooth as the flight to US was seven years back.. back home look for a job..learn the whole new professional culture �and then set up a new home,,new school for kids�.why because we could not get a GC.. which was not in our control.. and because some stupid insane guy sitting in cave 10K miles away decided to terrorize the people in America in 2001.. and make life difficult for all the people..including people in H1...
We might all go back to our home country one day.. but the ride back home would be much more pleasant and happier of a choice we made and not because we did not get a GC�
Good Luck and lets keep up the effort... :)
I just did No. 2!!! Yes, sold my home off recently and now living in apt. I am single and no family so I am more flexible when it comes to leaving the US. Also, because I have been in my field of work for 10 years and feeling a little bored with it and wanna go back to uni to try another field, but don't want to do it in the US in case I lose my job and then have expensive bills to pay.
With that GC, at least I can feel more secure, will have the ability to find a local employer while going to college, etc.
1. You are in your seventh year� and you loose you job�.what is the first thought that comes to your mind.. I got to pack and leave .. pack your home of seven years and all your possessions you collected, in two suitcases of 50lbs each and leave�forget the Flat Screen TV,, forget all the electronics and the two cars you love ... just list them in craigslist �
2. You have home which you bought with so much pride�what do you do? ..List it.. make a desperate sale in this falling market.. loose a ton of money and leave�and don't even talk about all the silk plants..floor lamps.. the furnishing,, they are for the yard sale on the Saturday..
3. You have child whom you love and have plans for them.. love the school.. are an active member in the PTA � all of sudden what you do.. pull them out of school, move them from the only culture and the country they have known the only President they know is Bush and the only national anthem they have learnt is "The Star-Spangled Banner"�to another place where they don�t even understand the language forget the culture, national anthem etc..
4. Think about your spouse.. they have adopted themselves to this lifestyle.. probably felt lonely when you moved here 7 years but now like it.. its time for them to move back�why because your don�t have a GC
5. Forget the Golf and Tennis you enjoy so much here �it was all a very good dream..
1. You are educated.. have a masters, have a professional degree.. but have been in the same position and department because of your long wait for GC, what happens� the fresh college graduate or the dumb blond who joined two years back and whom you taught how to log into the network is now your peer and you are still on the same desk doing the same job getting the 2% raise and working even more hard..so that you can keep you job..with a new dumb boss.. who thinks you are so dumb that you have been in the same job for so long time..
2. All your batchmates are doing great..some of them are now sweating to be VP�s having risen by changing jobs �. You are still years away from that situation.. what do you do.. stop attending alumni meets and envy the mails in your yahoo groups from people..
3. Seven years in US.. you have made your professional contacts.. and have a social network.. in which you invested your time and effort.. loose your job in the seventh year.. and all these contacts are nothing but an occasional international long distance call in future..
Last but not the least� flight back home to your country is not going to be as smooth as the flight to US was seven years back.. back home look for a job..learn the whole new professional culture �and then set up a new home,,new school for kids�.why because we could not get a GC.. which was not in our control.. and because some stupid insane guy sitting in cave 10K miles away decided to terrorize the people in America in 2001.. and make life difficult for all the people..including people in H1...
We might all go back to our home country one day.. but the ride back home would be much more pleasant and happier of a choice we made and not because we did not get a GC�
Good Luck and lets keep up the effort... :)
I just did No. 2!!! Yes, sold my home off recently and now living in apt. I am single and no family so I am more flexible when it comes to leaving the US. Also, because I have been in my field of work for 10 years and feeling a little bored with it and wanna go back to uni to try another field, but don't want to do it in the US in case I lose my job and then have expensive bills to pay.
With that GC, at least I can feel more secure, will have the ability to find a local employer while going to college, etc.
more...
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sunpost
10-08 04:20 PM
What is your EB category?
When i checked my status online, i saw that there was a LUD on my pending case on 10/7 and 10/8. Wondering there is a LUD, I called the NSC and the person on the phone told me that the case is being reviewed by an officer.
My question is that if there are no numbers available, then why would there be a LUD on the case status. So has anyone else seen a LUD on their cases as recently as after Oct 1, 2008????
MY PD is March 2006
Filed 485 in July 2007.
RD is Aug 2007.
cheers
When i checked my status online, i saw that there was a LUD on my pending case on 10/7 and 10/8. Wondering there is a LUD, I called the NSC and the person on the phone told me that the case is being reviewed by an officer.
My question is that if there are no numbers available, then why would there be a LUD on the case status. So has anyone else seen a LUD on their cases as recently as after Oct 1, 2008????
MY PD is March 2006
Filed 485 in July 2007.
RD is Aug 2007.
cheers
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GCNirvana007
09-12 12:44 AM
Thinkinf of buying one, not sure if its the right time - CT area
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chi_shark
04-07 01:55 PM
i am biting my nails... only 2 more fingers have any nails left... jk...
ah the wait!
ah the wait!
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singhsa3
08-13 10:25 PM
Good job Macaca. Just one thing though, it looks like 1M includes all pending AOS and not just EB. Please see http://www.dhs.gov/xlibrary/assets/cisomb_annualrpt07__June_11_2007_section3b_backlog s.pdf
Employment Based (EB) Green Card (GC) Numbers Situation
The yearly EB GC quota is 140K. This includes visas for spouses and children. On an average, it is given to ~ 60K families.
Each country is allocated 7% (of 140K) GCs with almost equal distribution for EB-1, EB-2 and EB-3 plus any unused visas from other countries. Each country gets approximately 9800 GCs (~4K families).
The Ombudsman estimates submission of 500K-750K (yes 500K) AOS applications between June 1 and August 17 2007. Most of these applications will be from India and China.
According to Ombudsman's 2007 report, there were ~1M AOS applications pending as of March’07.
So far EAD renewal has been taking ?? months. With the additional applications it will take ?? months and we will have to apply for renewal after ?? months.
The security check backlog appears likely to get worse, if a new immigration bill is enacted as millions of undocumented immigrants would also apply for legalization.
If you were unmarried at the time of filing, you will need to continue on current status (e.g. H-1B) otherwise you cannot bring your spouse.
USCIS is a self-funded organization i.e. it runs on fees it receives and is short on resources.
What do these numbers mean?
There will be 1.4M+ AOS applications by Aug 17 which will take 1.4M/140K = 10+ years. That is, priority dates (PD) will remain retrogressed for several years.
Those who could not file their I-485 now will now have to waitttttt…..
Due to resource constraints, security checks may take years.
Once PD becomes current, it takes on an average 1 year to 3 years to get approval.
Endless cycle of EAD renewals and Advance paroles.
If working on EAD and for any reason, if any of your EAD gets rejected, you will need to stop working, In other words, need to leave your job.
You need to be in the same position with same job responsibilities for an indefinite time period otherwise you Green Card application will be rejected.
EADs are valid for one year and several employers (and rightly so) view it as a temporary permit and hence reluctant to hire you.
Once PD becomes current, it takes on an average 1 year to 3 years to get approval.
So virtually you have three options: a) Struggle for several years b) Leave the USA c) Join us.
Legislative Efforts
EB Immigration reforms do not find enough support on the senate floors (Failure of SKIL, STEM etc Bills). As a matter of fact, it does not even get enough support to make it debatable, let alone final voting on the bills.
IV grassroot effort (flower campaign and SJ rally) was a very important reason for retraction of July Visa Bulletin.
Employment Based (EB) Green Card (GC) Numbers Situation
The yearly EB GC quota is 140K. This includes visas for spouses and children. On an average, it is given to ~ 60K families.
Each country is allocated 7% (of 140K) GCs with almost equal distribution for EB-1, EB-2 and EB-3 plus any unused visas from other countries. Each country gets approximately 9800 GCs (~4K families).
The Ombudsman estimates submission of 500K-750K (yes 500K) AOS applications between June 1 and August 17 2007. Most of these applications will be from India and China.
According to Ombudsman's 2007 report, there were ~1M AOS applications pending as of March’07.
So far EAD renewal has been taking ?? months. With the additional applications it will take ?? months and we will have to apply for renewal after ?? months.
The security check backlog appears likely to get worse, if a new immigration bill is enacted as millions of undocumented immigrants would also apply for legalization.
If you were unmarried at the time of filing, you will need to continue on current status (e.g. H-1B) otherwise you cannot bring your spouse.
USCIS is a self-funded organization i.e. it runs on fees it receives and is short on resources.
What do these numbers mean?
There will be 1.4M+ AOS applications by Aug 17 which will take 1.4M/140K = 10+ years. That is, priority dates (PD) will remain retrogressed for several years.
Those who could not file their I-485 now will now have to waitttttt…..
Due to resource constraints, security checks may take years.
Once PD becomes current, it takes on an average 1 year to 3 years to get approval.
Endless cycle of EAD renewals and Advance paroles.
If working on EAD and for any reason, if any of your EAD gets rejected, you will need to stop working, In other words, need to leave your job.
You need to be in the same position with same job responsibilities for an indefinite time period otherwise you Green Card application will be rejected.
EADs are valid for one year and several employers (and rightly so) view it as a temporary permit and hence reluctant to hire you.
Once PD becomes current, it takes on an average 1 year to 3 years to get approval.
So virtually you have three options: a) Struggle for several years b) Leave the USA c) Join us.
Legislative Efforts
EB Immigration reforms do not find enough support on the senate floors (Failure of SKIL, STEM etc Bills). As a matter of fact, it does not even get enough support to make it debatable, let alone final voting on the bills.
IV grassroot effort (flower campaign and SJ rally) was a very important reason for retraction of July Visa Bulletin.
more...
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jnagendra
09-23 01:14 PM
http://judiciary.house.gov/hearings/calendar.html
The calendar says 1:00 PM EST.
The bill is to recapture 550,000 visas, Can we findout how many are EB based and how many are FB Based.
The calendar says 1:00 PM EST.
The bill is to recapture 550,000 visas, Can we findout how many are EB based and how many are FB Based.
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gunsnkars
07-19 02:56 PM
What Raj is saying is get your GC first and process your wife's through family based which would take a very loong time...10 years!!!
Now to my views..Your wife will be able to piggyback on your 485 application irrespective of her status H1-B or H-4 or F-1..She's your wife PERIOD...no problems there!!what i don't understand is this bangwagon "lets apply ours first and include our wife's petition later when PD becomes current"...Instead y not apply both petitions together when PD becomes current again!!Atleast you wouldn't have to worry what if my petition gets approved b4 my PD becomes current!!!And god knows how many years of H1-B extensions they would give you once you have your applied 485 receipt!!!At the end of the day it is your choice!!!
Now to my views..Your wife will be able to piggyback on your 485 application irrespective of her status H1-B or H-4 or F-1..She's your wife PERIOD...no problems there!!what i don't understand is this bangwagon "lets apply ours first and include our wife's petition later when PD becomes current"...Instead y not apply both petitions together when PD becomes current again!!Atleast you wouldn't have to worry what if my petition gets approved b4 my PD becomes current!!!And god knows how many years of H1-B extensions they would give you once you have your applied 485 receipt!!!At the end of the day it is your choice!!!
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vamsi_poondla
09-22 01:35 PM
I like the drain stopper idea. It will send across the message effectively.
eager_immi
07-18 09:42 AM
Ask her to come back immediately to the US and go to the local court and get married. It is a simple solution. Hi,
Here is my situation. I can apply for I-485 since my labor(PD - Mar 05) has cleared and I-140 has been filed.
But, I have a fiancee and we are getting married in September 2007. She is on H1-B but currently traveling in India.
We cannot get married before September 2007, so, as far as I understand, I cannot add her into my AOS filing right now. And, as far as I understand they are gonna retrogress the dates to oblivion after August 17, 2007.
1. So, my question is, would she have to wait until my priority date become current again before she can add herself into my AOS application?
2. Let's say the answer for question 1 is YES. What happens if due to whatever reason, my I-140 gets approved BEFORE my priority date becomes current, so, in that scenario I wouldn't have been able to apply for her AOS anyway? Then, what are our options?
3. Let's say the answer for question 1 is NO. Then, is there a special processing I need to do to add her since my priority dates will not be current anytime soon because of the retrogression?
Please remember, she DOES carry H1-B on her own.
Thank you,
gc101.
Here is my situation. I can apply for I-485 since my labor(PD - Mar 05) has cleared and I-140 has been filed.
But, I have a fiancee and we are getting married in September 2007. She is on H1-B but currently traveling in India.
We cannot get married before September 2007, so, as far as I understand, I cannot add her into my AOS filing right now. And, as far as I understand they are gonna retrogress the dates to oblivion after August 17, 2007.
1. So, my question is, would she have to wait until my priority date become current again before she can add herself into my AOS application?
2. Let's say the answer for question 1 is YES. What happens if due to whatever reason, my I-140 gets approved BEFORE my priority date becomes current, so, in that scenario I wouldn't have been able to apply for her AOS anyway? Then, what are our options?
3. Let's say the answer for question 1 is NO. Then, is there a special processing I need to do to add her since my priority dates will not be current anytime soon because of the retrogression?
Please remember, she DOES carry H1-B on her own.
Thank you,
gc101.
Omm
11-14 08:50 PM
I read in murthy.com that asking money for H1 b is illigal. below is the link for more info
http://murthy.com/news/n_hfraud.html
Fraud vs. Technical Violations
For purposes of the BFCA, fraud is defined as a willful misrepresentation, falsification, or omission of a material fact. Technical violations, essentially, are errors, omissions, and failures to comply that are not within the fraud definition.
�MurthyDotCom
Examples of items that were categorized as technical violations include instances of employers requiring H1B workers to pay filing fees that are designated by regulation to be the obligation of the employer, as well as the deduction of other H1B-related fees from employees' wages, and, thereby, reducing the wages of these H1B workers to levels below the LCA wage requirement. Other technical violations included general failure by employers to pay beneficiaries at least the prevailing wage for the occupations within their particular geographic locations as listed on the LCAs, employment of H1B workers in geographic locations not covered by valid LCAs, and the benching of H1B employees. The fact that these were characterized as technical violations does not mean that, if found to be intentional, they could not fall under the definition of fraud.
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Fraud vs. Technical Violations
For purposes of the BFCA, fraud is defined as a willful misrepresentation, falsification, or omission of a material fact. Technical violations, essentially, are errors, omissions, and failures to comply that are not within the fraud definition.
�MurthyDotCom
Examples of items that were categorized as technical violations include instances of employers requiring H1B workers to pay filing fees that are designated by regulation to be the obligation of the employer, as well as the deduction of other H1B-related fees from employees' wages, and, thereby, reducing the wages of these H1B workers to levels below the LCA wage requirement. Other technical violations included general failure by employers to pay beneficiaries at least the prevailing wage for the occupations within their particular geographic locations as listed on the LCAs, employment of H1B workers in geographic locations not covered by valid LCAs, and the benching of H1B employees. The fact that these were characterized as technical violations does not mean that, if found to be intentional, they could not fall under the definition of fraud.
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