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  • ivgclive
    12-14 01:30 AM
    Hi,
    If married in India & want to take divorce in USA what is the procedure & will it be a valid divorce?

    Extremely sorry to hear that in this forum.

    If there are valid reasons (believe me, 99.9% of time they are worthless issues) and you fall in that 0.1% (both of you are aware and willing to go separate), please go to India get it settled.

    If you fall in 99.9%, talk to your spouse, take few days off from work, go out alone and get it settled within your home.

    As others said, it is an expensive process and headace you don't want to go thru.

    For me, I still believe you both can figure out and get back on track before it derails.

    If you have kids, young kids, please please please, think 99999 times before you do this. It is worth going thru this pain for them.

    If you are 30 years old, just think that its going to be another 20 to 25 years of active family life.

    USCIS is creating problems in our everyday life, we take that pain and ready to wait another 20 years for GC, why not for a spouse who is living with us everyday?

    Good Luck.

    Bottom line : 99.9% time it is WORTHLESS arguments that leads us to get frustrated...





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  • eb3retro
    02-06 11:17 PM
    I have seen lots of thread talking about filing 485 and getting EAD and having the opportunity to jump jobs. I faced a unique situation where I realized being on H1 is lot better than having EAD and invoking AC21. Correct me if I am wrong.

    H1B:

    1. Spouse cannot work.
    2. Do not worry about 485 rejection.
    3. Jump companies and go up the ladder as you are in H1 and not in EAD and still port the PD. THIS IS VERY USEFUL. CORRECT ME IF I AM WRONG.
    4. No expenses for the employee for H1 related issues ( legally).
    5. Stamping required. But only once in three years if you get 3 year extn after 140 approval.

    EAD / AC21:

    1. Spouse can work.
    2. Invoke AC21, but you have to switch to similar job. This is very frustrating if you are looking to go up the ladder.
    3. If you dont have any time left in your first 6 years of H1, you will be in big trouble if your 485 gets rejected for unknown reasons.
    4. No stamping, but advance parole required.
    5. Spend yearly on parole, EAD.

    Anything else to be added to the above list?


    EAD vs H1 - which is better.. my answer is whichever stage u are in - "Supporting IV is always better"...





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  • reddymjm
    04-17 03:48 PM
    As per today I have an H1b visa, I have my I140 approved, and my 6th year ends on April 25, 2008. My actual employer have gave me a contract that says that upon I become a permanent resident i will have to work for him for 5 years, then if I quit after the 5th year or before I will not able to work on the same industry on all the united states, also mention what my salary would be but there is no mention of increase. Since I will have to wait until my residence at least 3 more years, that means that I will have to work on these conditions for 8 or 9 years.!!!!

    I do not know what to do , this is almost illegal (I think !), do I have time to change employer and do again my visa, and I140, so I don't lost status ??
    If you have a copy of ur LC and I140 you are good to go. Any one can get a 3 year extension on an approved I140. If the rule comes in that you should use ur labor within 45 days of approval. There is nothing ur employer can do to you. If you do not have a copy try getting a copy of your labor and I140.





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  • skynet2500
    06-22 06:18 PM
    IS it possible to send to TSC even though 140 is approved in NSC. Looks like 80 percent of applications go to TSC. Can we even choose where we can send?



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  • doubleyou
    05-18 03:30 PM
    Rvendra, Looks like we are in the same boat.

    1)Did you check with the Ombudsman too?

    2)I believe that there is a no to call the FBI and verify, Does any body know it and tried it?





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  • veni001
    06-04 10:18 AM
    This is the text that i see on Govtrack.us
    http://www.govtrack.us/congress/billtext.xpd?bill=s110-1348
    Are we missing some thing here, I see SKILL is part of this draft!!:confused:



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  • lostinus
    07-17 06:56 PM
    Great job IV team. Congratulations. Thanks a million.

    Contributed $100 today. Pledge to put more in every quarter.





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  • VMH_GC
    12-12 10:24 AM
    I recently went to India and came back to US. At port of entry, the officer incorrectly put the date beyond my Visa expiry date in my copy of I-94 but in his copy he put the correct date. This confusion was largely due to the fact myself and mywife both are in h1b with two differenet expiry dates. Now my question is, will it be a problem? do i have to report this? Please let me know.

    Thanks
    VMH



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  • morchu
    06-02 09:58 AM
    Don't be offended by these RFE's. USCIS officers are just doing what they were told to do (doing their job).

    I understand that the marriage ties of Indians are very strong. But we are in America, and the proof they are asking is to show that the marriage is still in good trust (a marriage certificate is not enough proof for that).

    Same with birth certificate. Americans are used to giving extreme importance to birth certificates, and in India, we never had to use birth certificate as a supporting documentation. So when you don't have a birth certificate, or when the birth certificate was issues recently, they are asking for secondary documentation.

    In the rfe I received both for my wife and myself I was asked to resubmit affidavit with full names of the parents. Also was asked to produce bonafide marriage documents. It is very stressful. I could not believe why I need to provide bonafied marriage document. If I am not married to my wife, how she got her H4? I could not believe my birth certificate is haunting me this way. Any of our school records mentions mother and father names. I am going to produce affidavit again with full names and try my luck again.





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  • vdlrao
    04-08 02:25 PM
    http://www.dhs.gov/xlibrary/assets/statistics/publications/LPR_FR_2007.pdf

    Employment preferences, including principals and their dependents, represented 15 percent of the total LPR flow in 2007, up from 13 percent in 2006. The LPR flow for employment preferences increased 2 percent from 159,081 in 2006 to 162,176 in 2007, but was below the record of 246,877 set in 2005. The large num-ber of LPRs in the employment preferences in 2005 was primarily due to the American Competitiveness in the 21 Century Act of st2000 (AC21). This Act resulted in the recapture of 130,107 unused employment-based visa numbers from 1999 and 2000 to be made available to first, second, and third preference employment-based immigrants once the annual limit had been reached. Approximately 94,000 of those recaptured visa numbers were used in 2005, none were used in 2006, and 7,312 were used in 2007. In addition, provisions of the REAL ID Act of 2005 resulted in the recapture of 50,000 unused employment-based visas from 2001 to 2004, of which 11,950 were used in 2005, 33,335 were used in 2006, and 4,743 were used in 2007.



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  • chalamurariusa
    04-28 10:02 AM
    Some one please advice!!!!!!





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  • harrydr
    06-29 08:01 PM
    Any more replies/discussion would be very helpful. Thanks.

    The main question is, would this affect my current H1B and approved I-140 or would this be a separate case?



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  • prdgl
    07-07 09:44 PM
    Why can't you revise the ad before publishing it so you do not have to resort to such measures? What's wrong with just a MS? My company files several LCs for MS and they have no problems getting approvals.

    In any case, the answer to your Q1 is Yes. I will not comment on Q2 since I neither encourage nor recommend such deceitful behavior.

    Thanks,
    Jayant


    Thanks for your reply. We just published the ad a week ago. Is that a big deal to revise now ? It went into computer world and stuff. I am not sure how difficult it would be.


    Hence for this matter, I have another employer willing to file my LC this month. But I am thinking since I was not with them when they sent out the ad and requesting wage details, IS this something considered equivalent to LC subsitution if I join them and file my LC with already sent out ad ??

    Your answer is highly important.

    Thanks





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  • newuser
    05-10 09:34 PM
    We recently had the same problem for my in-laws appointment (Hyd). The calendar shows the dates are avaiable, but when we are about to make the actual appointment, the hyperlinks are missing on the calendar. VFS did acknowledge this issue when I called their customer support no. There said to try after couple of hours ( or may be days) and it did work.

    Save the applications and try to schedule the date at a latter time. Call the customer support no on VFS website. Sometimes they would to try to schedule appointment. In my case, it didn't work even for the Customer Service Rep also.

    Best of luck.



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  • ramus
    06-27 02:33 PM
    I heard people who has I-140 approved after June 2006 got A# assigned. I have my 140 approved in 02/2006 but don't have A# assigned.





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  • parablergh
    08-31 07:55 PM
    Cant i use the I 94 attached to my 797 document.Will it not solve my problem.

    Unfortunately the 'last action rule' takes precedence over your I-797 approval notice. You will need to either visit a CBP Deferred Inspection office to have this corrected, travel abroad and reenter using the new I-797, or file for another extension.

    Next time you travel, don't show BOTH I-797 approval notices. You should have just presented the new document along with your visa stamp and valid passport.



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  • InTheMoment
    07-11 10:37 PM
    With all correct things said above: Yates Memo, Conditions of AC21 met (same/similar job, salary etc. 180+ days) and proof that you are regularly paid since joining the company (paystubs), EVL from new employer...

    With all of the above supplied I can say from my own experience of joining a small company (50 employees) and submitting AC21 docs (to pre-empt any RFE - because I changed address and state of workplace; against my attorneys advise of waiting for an RFE) that it was the best thing I did. I had no RFE issued before I-485 approval.

    So just send in the AC21 docs if you feel that there are redflags that may trigger an RFE for EVL (I-140 getting revoked, address change across state - diff from original employer, petition being very old)





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  • lord_labaku
    09-16 10:59 PM
    Infopass would not hurt.....so just take Infopass to ease ur mind. Explain to the IO ur exact situation & ask them to confirm if ur 485 is ok. u will have the answer from the horse's mouth/





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  • jayleno
    10-08 02:05 PM
    I went to the Arlington DMV today. They took copies of my I-485 and EAD. They said they will send a letter to my home in 7 to 10 days, if I'm eligible for a drivers license. I went a month back when I didn't have the EAD with me and they did not even accept my documents for faxing it to Richmond. Man...its getting crazier everyday.

    Please post back your experience here. Thanks for starting the thread.

    I am starting this thread to collect and share experiences using EAD as proof of legal presence with with VA DMV.
    1) I read on the forums that if we take EAD to DMV , they would fax it to Richmond and wait for verification.It could take anywhere from half an hour to 1 week.
    I went to DMV in TysonsCorner, was told that I need to bring I797 to be able to get them to fax it. This was on 10/2/2010
    2)I went to Franconia DMV with I797 for my EAD application. ( I797 is the receipt notice )
    I was told that, I need to bring Original receipt notice of 485 application and If I have that, the manager can issue me the licence then and there.
    I said that I cannot get the original 485 receipt and requested them to fax it to Richmond and wait for the response.Then they started saying even for faxing they need 485 original receipt.
    I couldn't corroborate that , but any way decided to try Tysons corner DMV again.
    This is today, 10/08/2010.

    I will update the post after trying one more time at Tysonscorner DMV with I797 of EAD.
    If anybody else has experience or knowledge of this process , please post to this thread.





    greyhair
    09-18 08:25 AM
    thread starter is saying it will make dates current....how is this possible with the same amount of spillover?

    Family based is also heavily backlogged. How can there be flow of thousands of unused visas in Family Based for flow to Employment Based? Even in Family based there are categories 1, 2A, 2B, 3 and 4. The visas will first flow from top to bottom in Family Based. Wouldn't all the categories have to be current before any visas flow to Employment based? I read somewhere that the employment based backlog size is 800,000 applications. :confused: Let's say even if there is a small number of visa flow from Family Based to Employment Based, how can a small number of visa flow from Family Based to employment based backlog be sufficient to approve 800,000 applications?





    willwin
    06-09 01:20 PM
    Even though your pd is current, It is quite possible that they have not assigned a visa number yet to your case. So they are probably assigning by order of PD's
    Example: Sept 2003, before Oct 2003,....So on..so they are assigning earlier PDs Visa numbers first.
    Second possibility is that there could be too many eligible before your date or exactly your date and in which case they will go with RD..which in your case is July 2nd, 2007. There could be people with 485 RD's in 2005 when the dates were current.
    This is pure guess work and speculation, I really do not know how they do this. But if they really have enough visas for EB2, yours will still be current next month.

    -------------------------------------------
    India EB3- PD: June 2003
    Contributed $480 + Monthly Recurring contributor.

    One of my friend with PD Jul 2001 EB3 India is still waiting for his GC. His name check was cleared 4-5 months back and not sure what he was waiting for.....