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  • kshitijnt
    07-18 01:03 AM
    I have to apply for my wife as my derivative of 485. My 485 was approved on July 8th 2010. Below is the timeline

    July 1st - Applied Wife's 485
    July 8th - My 485 was approved
    July 13th - Wife's 485 Denied due to outdated forms
    July 14th - My H1, Wife's H4 and I-94 Expired
    July 19th - Planning on sending a new 485 application for spouse

    I'm mainly concerned about two things
    1. Is she out of status for 5 days from July 14th to 19th
    2. Can I still apply her as a derivative, as my 485 is already approved.

    Thank you,

    Things will work out. Dont worry. You have to ACT QUICKLY though. Since your marriage was before GC was approved for you, you can do following to join option as well :)

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  • BharatPremi
    03-13 11:25 AM
    Name check is not an issue, the IO told me that name check is started soon after receipt of application, and 180 days have passed. There is a new rule that name check cannot delay I485 by more than 180 days.

    WOM - the 2 years may have changed, since WOM cases were usually fighting name check. I think that it is probably one for an attorney, so I'll likely consult attorney in May regarding WOM.

    Any more comments welcome.
    e.g. raising via Congressman's office.
    Receipt date vs notice date of last transfer -- which sets the processing date.

    Even though it may not bring the result what you want, trying Congressman's office would at least serve the purpose of creating the record which may help you in turn while fighting WOM. So I would definately do that first. Now in theory "Receipt Date" should set the processing date but when you call USCIS they always talk about ND, somehow it seems that they can see only ND.. Yes, that is definately a grey area.

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  • Libra
    08-03 10:17 AM
    Guys, please consider contributing for sept rally............

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  • go_guy123
    01-15 11:51 PM
    Unless the country cap is removed from EB immigration - things will not change for folks from India.

    Have you noticed that when it comes to giving amnesty, there is always a special clause that exempts illegals from country caps? Ever wonder why?

    because most of the illegals are from a few handful countries mainly mexico


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  • ArkBird
    10-28 02:05 AM
    If it is EB2, forget about it. EB2 and 3 yr degree is big No No. If it is EB3 (seems unlikely as you filed in 04/2007 and EB3 was not current) consult good lawyer and file MTR.


    - Pre-approved labor dated 03/2004
    - Filed 140 in 04/2007 and filed 485 in 08/2007. Got EADs as well
    - RFE on 140 after 2 years waiting (in fact it was on the last day of 2nd year. In between, it was passed thru all the 4 centers and came back to same place where it was filed). Education mismatch and other stuff. Employer responded in 21 days
    - 2nd RFE on 140 after 30 days - Education mismatch - Again responded
    - There was no response even after 60 days, so we called and created a service request.
    - Finally the 140 has been denied today. I did not get the notice yet. I'm thinking, it is because of Education mismatch

    The labor was for 4years degree and I have 3 years degree + 1 year post graduate diploma with 8 years experience by the time filing 140. And I did my masters in US, but I got this after couple of months of I filed my 140.

    Please advice what are options available for me.

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  • avi_ny
    08-12 09:33 PM
    My case EB3 PD Jan 2004
    I40 approved TSC July 2007
    485 filed at NSC July 2nd

    LUD is 8/12/2007

    Does this mean anything ?

    On 2nd July, what time was your i-485 application received at NSC?


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  • meridiani.planum
    03-14 02:04 PM
    Last week out of a desi consultancy sent me a termination notice(on H1 with this guy). 485 filed in July 2007. got EAD. I am looking for a project right now. Planning to join on EAD and look for a job.

    What are my options? I am in status?

    Thanks for your advice.

    u r in status of pending-AOS. So if you forget about H1 for new job and take it up on EAD, you are all set.
    If you try to do H1 transfer and the gap from now to tha ttransfer is a lot, then they might not extend the H1 status and you'll need to leave and re-enter the US.

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  • uma001
    05-25 08:33 AM
    Which masters you want to do . MBA or MS comp science


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  • bigboy007
    11-01 01:49 PM
    Couple of questions : I am planning to apply for EAD . I have already filed 485 on July 2 and got receipt no.s .

    1. where to file : Here is the catch when filing 485 i am in IL and later moved on to CT. I have updated all addresses etc to CT and everything fine. Since i was in IL for 485 I applied to NSC now i am in CT and here it is VSC for form EAD. So where should i send my application to NSC or VSC?

    2. Efile or regular : which is good efile or regular filing. I filing myself and requested attorney's view he said he would prefer normal way as its better and i can see checks cashing and make that a proof of receipt in case of reciept notice lost.

    Need ur views.

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  • Googler
    02-14 05:22 PM
    Great ruling. The analysis is totally applicable to AOS. Moreover, the government admitted that it was wrong in recent memo.

    "In the context of removal proceedings, ICE has determined that FBI fingerprint checks and Interagency Border Inspection Services (IBIS) checks are the required checks for purposes of the applicable regulations."

    Wait a minute, isn't immigration judge able to grant AOS in removal proceedings? It means that the DHS acknowledges that it wrongfully interpreted regulations for all these years and that name check is not required by law (at least for AOS) as we were saying all along!

    I love also this part: "in the unlikely event that FBI name checks reveal actionable information".

    As judge Baylson pointed out, "name check" is nowhere to found in laws and regs.

    Good point about the recent memo -- happily there are multiple pdfs of it floating around so they can't make that language disappear -- and and immigration judge granting AOS. Those two points should do.

    About "name check" nowhere found in laws -- i.e no language in some obscure subsection -- I just want to make sure that the interpretation is ironclad for AOS, we know it is for naturalization.

    Yep, I *love* the "unlikely event" part.


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  • Sakthisagar
    11-16 01:05 PM
    Rajeev was mentioning Sen Robert Menendez (D-N.J.), name for S.1085 bill. I called his office two times, I will make it a point I am calling him every week. Rajeev Please let us all know if you have any update that Sen.Menendez have plans for S.1085 along with Dream Act??

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  • kanaihya
    09-28 03:05 PM
    please don't reply those guys with in-appropriate subject lines ...
    that is very irritating...S**t t*e F**k o*f...


    Hello Guys,

    Does any one here has Newark NJ as their ASC? Reason is my notice date is august 27th from TSC and I haven't received my FP notice yet. My wife has the similar issue as well. I've called USCIS atleast twice but they are not ready to open service request and are saying that the ASC must be busy.

    I wanted to find out if any one of you here has notice date after august 27th and have already got FP notice from Newark (NJ) ASC.



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  • Jeff Wheeler
    06-21 04:13 PM
    all the images are broken, does anybody still have them?

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  • chanduv23
    07-05 04:25 PM
    This has been discussed, we can't help.

    It takes time for people to come on same page.

    Lot of lawyers have conference calls with their clients - discuss what "their clients" must do.

    One good thing is a lot of our members under the IV umbrella have the zeal to do something. Looking at the Munnabhai threads etc...

    It is a matter of time before we get organized. IV core is working hard on various aspects.

    Before anyone does anything under the IV umbrella - please contact sertasheep or pappu or macaca.


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  • ImmiLosers
    09-30 03:19 PM
    I gave my 3rd FP for pending 485 last week. Haven't seen any LUD change since. My NC was cleared last year as per USCIS. My question is after every FP, does FBI initiate a new name check? is this a vicious circle ?

    No, I went for my 2nd FP last week. I asked USCIS (800#) the above question.
    It is done once. Looks like FP and Name check are different processes.

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  • sukhyani
    12-20 01:09 PM
    I found his website

    Well the website doesnt stipulate his position on the issue of legal or illegal immigration, so I went ahead and sent him an email asking for such. Let's see if he replies back.


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  • WaldenPond
    02-05 12:36 AM
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    Thanks for the excellent suggestion. We are on top on this one. Keep it coming ....

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  • axp817
    07-22 08:05 AM
    NSC has an interesting way of working. Oct 06 cases are pending and they are approving Dec 06 cases.... never think of predicting what govt is (in)capable of :D

    Look at Sayantan's signature, he is EB-1, not EB-2. EB-1 I-140 cases at the NSC, are a bit ahead of EB-2.

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  • RamsbutnotSTL
    03-17 10:33 AM
    Even I have received the RFEs as well on pending I-485 cases for me and my wife. My PD is Mar 2005. I am also wondering about the RFEs. I'll share mine as soon as I get those.

    06-18 03:08 PM
    thanks chanduv23 !!

    01-01 05:10 AM
    congratulations after all the hardships you had to wait for. Me too had to wait 4 years (48 months) just for my labor to be approved:) Hopefully 2009 should really be a Happy New Year if we all work hard together!

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