Mehul
11-21 03:40 AM
Gurus,
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
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simple1
05-05 10:24 AM
I spoke with our attorney
He said
INA Sec 203 talks only about the eligibility to apply the I-485. But the visa number is derived from a relationship to Principal applicant of green card. This is true for all categories Including investor, asylum, Employment categories. Please note that It is Dept of State that is responsible for this allocation not USCIS.
The relationship with the principal/primary doesn’t make derivative eligible for same visa as primary.
EB1, EB2, EB3 are also visas. with specific qualifications like H1 and L1.
H1b dependent gets h4 (different visa from primary) and not counted in h1b quota.
Same applies with L1( dependent doesnt get L1). Same applies here, the dependent/derivative is not eligible for **same** immigrant visa type/preference. While h4/L2 has no quota and is of temporary nature. The FB2A has quota and is permanent. That is the only difference.
It is the situation of the dependent/derivative that matters. So FB2A is the right category.
He said
INA Sec 203 talks only about the eligibility to apply the I-485. But the visa number is derived from a relationship to Principal applicant of green card. This is true for all categories Including investor, asylum, Employment categories. Please note that It is Dept of State that is responsible for this allocation not USCIS.
The relationship with the principal/primary doesn’t make derivative eligible for same visa as primary.
EB1, EB2, EB3 are also visas. with specific qualifications like H1 and L1.
H1b dependent gets h4 (different visa from primary) and not counted in h1b quota.
Same applies with L1( dependent doesnt get L1). Same applies here, the dependent/derivative is not eligible for **same** immigrant visa type/preference. While h4/L2 has no quota and is of temporary nature. The FB2A has quota and is permanent. That is the only difference.
It is the situation of the dependent/derivative that matters. So FB2A is the right category.
eastindia
07-21 10:45 AM
If America is so unfair, who/what is compelling you to stay, heard there is an apartment available in Nandita's bulding in Bombay.
Why do you need to go to an apartment near Nandita? If you have the courage, go and propose to her and have her live with you in your apartment. :D
Why do you need to go to an apartment near Nandita? If you have the courage, go and propose to her and have her live with you in your apartment. :D
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Raju
07-20 08:31 AM
This is my first post here. Even though I've been a member for sometime, I wasn't even aware of these forums. When the July VB fiasco happened, I stumbled upon these forums and I was glued throughout the entire saga. U know what, IV was the only one who gave me any kind of HOPE. I am so thankful for what the IV core has done for us.
Its a shame that we all sit quietly and let someone else pay for our problems. After all, most of us have decent paying jobs here. So I too will pledge $ 100 and I am also going to contribute twds IV's cause.........
I hope more ppl will come forward and do the same.
Yes you are correct. We all have decent paying jobs and $100 is nothing compared to $64000. I hope more folks like you join this humble cause. Can the spread sheet be updated and posted again so that we can track it.
Its a shame that we all sit quietly and let someone else pay for our problems. After all, most of us have decent paying jobs here. So I too will pledge $ 100 and I am also going to contribute twds IV's cause.........
I hope more ppl will come forward and do the same.
Yes you are correct. We all have decent paying jobs and $100 is nothing compared to $64000. I hope more folks like you join this humble cause. Can the spread sheet be updated and posted again so that we can track it.
more...
mheggade
07-20 09:45 AM
I pledge $100
tonyHK12
02-10 11:20 AM
thanks sureshtreddy, dkshitij for your contributions.
Amount raised = $1800.00
Contributions needed = $48,200.00
Amount raised = $1800.00
Contributions needed = $48,200.00
more...
reddymjm
06-09 08:47 PM
My recipect number start from SRC. whrere is that center? Ivthought texas starts with TSC.
Texas starts with SRC...
WAC/EAC/LIN.. NO TSC as far as I know.
Texas starts with SRC...
WAC/EAC/LIN.. NO TSC as far as I know.
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485Mbe4001
09-09 07:26 PM
<Rant>There is not mistake, i always feel that there is some @#$hole at the USCIS or state dept whose only goal in life is to get a sadistic kick by toying with the dates. How can these @#$@#@'s not realize that there is a person behind each visa number </Rant>
Like my title says - Could it be a mistake on their part for EB3 I ? Was it meant to be 15th April 2002 ?
In March of This year it was 15th Oct 2001. Then it goes to U for untli Oct and now its 15th April 2001 (gone back 6 months !!!!) This seems odd for a new fiscal year with new Visa Quota however small EB3I may be - are there still that many 2000-2001 applications pre-adjudicated in the system waiting for a visa that they had to roll it back ?
Like my title says - Could it be a mistake on their part for EB3 I ? Was it meant to be 15th April 2002 ?
In March of This year it was 15th Oct 2001. Then it goes to U for untli Oct and now its 15th April 2001 (gone back 6 months !!!!) This seems odd for a new fiscal year with new Visa Quota however small EB3I may be - are there still that many 2000-2001 applications pre-adjudicated in the system waiting for a visa that they had to roll it back ?
more...
augustus
12-03 12:25 PM
Mehul, After reading your post, I feel very bad for what you are going through and my heart goes out to you and your family. I know nothing of what I say is enough to help you but again, I still say it with the hope that things will turn around for you. GOD HAS HIS WAYS, AND HE IS THE ULTIMATE FORCE IN THIS WORLD. I have often wondered, the chase we chase. The reality is nothing else matters but HIM yet it is so difficult to accept this reality and we chase the materialistic things in him which at the end, every one of us writing here and reading is going to leave behind one day.
GOD IS KIND, HE WILL LOOK AFTER YOU. PRAY TO HIM, SINCERELY. I suggest you take all the treatments there is and Don't worry you will come out of this. He will protect you and many prayers come your way. I will definitely pray for you and your family.
Nothing else matters. As per your question, I think consulting your lawyer and then working with him to meet a senator or congressmen to help expedite your case may prove helpful. Both of you can work together so you have a backing. And like someone earlier posts said, make sure your finances are strong and have a family backing in US.
I will continue to pray for you. STAY STRONG AND SEEK COMFORT IN " HIM " ALONE.
GOD IS KIND, HE WILL LOOK AFTER YOU. PRAY TO HIM, SINCERELY. I suggest you take all the treatments there is and Don't worry you will come out of this. He will protect you and many prayers come your way. I will definitely pray for you and your family.
Nothing else matters. As per your question, I think consulting your lawyer and then working with him to meet a senator or congressmen to help expedite your case may prove helpful. Both of you can work together so you have a backing. And like someone earlier posts said, make sure your finances are strong and have a family backing in US.
I will continue to pray for you. STAY STRONG AND SEEK COMFORT IN " HIM " ALONE.
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abq_gc
08-18 01:16 PM
I think we have a provable point as per the USCIS CSR msg "We approve all cases based on the order they are received". So basically it says Approval based on ND. Approving Oct'07 NDs and not approving (not even touching) Jul-Sep NDs makes a valid point.
I am not sure how to put our case based on PD because to me PD serves the purpose of passport to get in and then line is formed by ND. But sure, if anyone could put some thoughts and define the situation, I think its well worth to try something different now.
yeah.. even ND is not being followed... and why give a PD when they have to follow ND anyways ? So wait for 5 years in queue and then due to USCIS lottery system my application gets assigned a later ND... i have to suffer ??? WOW ... that's nice.... that's what's called INJUSTICE...
I am not sure how to put our case based on PD because to me PD serves the purpose of passport to get in and then line is formed by ND. But sure, if anyone could put some thoughts and define the situation, I think its well worth to try something different now.
yeah.. even ND is not being followed... and why give a PD when they have to follow ND anyways ? So wait for 5 years in queue and then due to USCIS lottery system my application gets assigned a later ND... i have to suffer ??? WOW ... that's nice.... that's what's called INJUSTICE...
more...
BrazilianCitizen
06-07 01:26 AM
It is better to take your time and make sure everything is sound, then hurry and miss something.
Can you guys let me know whether your checks payable to "Department of Homeland Security" has been canceled? They received my application on June/4 but my check has not been cashed yet. I heard your priority date is the date they actually get your money. Is this true?
Can you guys let me know whether your checks payable to "Department of Homeland Security" has been canceled? They received my application on June/4 but my check has not been cashed yet. I heard your priority date is the date they actually get your money. Is this true?
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sGC
08-22 12:29 PM
On Aug 19th we got our CPO emails. I was on vacation so couldn't post the message to the site. After that no updates from USCIS. Still waiting on the Notice mails.
more...
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gsc999
07-08 02:51 PM
I agree. I think each of us should commit to getting AT LEAST 5 more volunteers for the protest in San Jose. This could be family/friends/neighbors etc. We also need a poll to track how many will show up on the 14th.
---
I just heard from our Chinese member. They are getting a huge response for this 14th July demonstration. We need more awareness about this event among our members. Please spread the word.
The place and time is:
Location: City Hall
200 E Santa Clara St
San Jose
When: From Sat Jul 14, 2007 11:00 am to 2:30 pm
---
I just heard from our Chinese member. They are getting a huge response for this 14th July demonstration. We need more awareness about this event among our members. Please spread the word.
The place and time is:
Location: City Hall
200 E Santa Clara St
San Jose
When: From Sat Jul 14, 2007 11:00 am to 2:30 pm
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BharatPremi
05-20 12:28 AM
http://immigrationvoice.org/forum/showthread.php?t=16090
more...
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syzygy
07-10 08:19 AM
Racial Discrimination Policy followed by USA Immigration
some suggestions on the content that we should put on the banners for the San
Some Quotes from famous people which might help in the rally:
There is nothing less to our credit than our neglect of the foreigner and his children, unless it be the arrogance most of us betray when we set out to ''Americanize'' him. Charles Horton Cooley 1864-1929, American Sociologist
We can add some thing personal below the above statement on the pamphlets
Everywhere immigrants have enriched and strengthened the fabric of American life.
--John F. Kennedy
PS: So Let it be �.
America was and is the immigrant's dream.
Don DeLillo
PS: Do not smash it by the incompetent immigration services
Remember, remember always, that all of us, and you and I especially, are descended from IMMIGRATIONs and revolutionists.
Franklin D. Roosevelt 1882-1945, Thirty-second President of the USA
ps:....
The divide of race has been America�s constant curse. They divide us by the country of origin and allocate the green card where in they have to look what an individual can offer to the country.
If you are an Indian or Chinese or Mexican rot for 11 years before you are accepted by the country as a permanent resident. This is what the Immigration law sounds like now.
�. hehehe my quotation
some suggestions on the content that we should put on the banners for the San
Some Quotes from famous people which might help in the rally:
There is nothing less to our credit than our neglect of the foreigner and his children, unless it be the arrogance most of us betray when we set out to ''Americanize'' him. Charles Horton Cooley 1864-1929, American Sociologist
We can add some thing personal below the above statement on the pamphlets
Everywhere immigrants have enriched and strengthened the fabric of American life.
--John F. Kennedy
PS: So Let it be �.
America was and is the immigrant's dream.
Don DeLillo
PS: Do not smash it by the incompetent immigration services
Remember, remember always, that all of us, and you and I especially, are descended from IMMIGRATIONs and revolutionists.
Franklin D. Roosevelt 1882-1945, Thirty-second President of the USA
ps:....
The divide of race has been America�s constant curse. They divide us by the country of origin and allocate the green card where in they have to look what an individual can offer to the country.
If you are an Indian or Chinese or Mexican rot for 11 years before you are accepted by the country as a permanent resident. This is what the Immigration law sounds like now.
�. hehehe my quotation
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snelakan
06-13 11:04 AM
Hey all,
Got the receipt notice today...
Application date 06/01
RD 06/05
Service Center - NSC
My lawyers received the receipt number through mail. You guys should be getting is soon.
Got the receipt notice today...
Application date 06/01
RD 06/05
Service Center - NSC
My lawyers received the receipt number through mail. You guys should be getting is soon.
more...
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desi3933
07-10 10:18 AM
Thanks for posting this link. This is a must read on AOS.
This link is for section 245 in TITLE 8 OF CODE OF FEDERAL REGULATIONS (8 CFR) (I think!) . This CFR may have other sections of use for us. For example, there may be section 240 that explains some other GC stage.
Please post a link that is table of contents of CFR. That is, it gives all section titles in CFR: Sec 1, Sec 2, .. Sec 245, Sec 246, ... Thanks!
TITLE 8 OF CODE OF FEDERAL REGULATIONS (8 CFR)
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=e6f9e66480441fe548dfe78bf2aff 82c
This link is for section 245 in TITLE 8 OF CODE OF FEDERAL REGULATIONS (8 CFR) (I think!) . This CFR may have other sections of use for us. For example, there may be section 240 that explains some other GC stage.
Please post a link that is table of contents of CFR. That is, it gives all section titles in CFR: Sec 1, Sec 2, .. Sec 245, Sec 246, ... Thanks!
TITLE 8 OF CODE OF FEDERAL REGULATIONS (8 CFR)
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=e6f9e66480441fe548dfe78bf2aff 82c
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desi3933
01-30 01:57 PM
Let me add my 2 cents here -
1. There is no rule that H1 status expires after 1 year of no use. The key word here is H1 status.
2. If the person is in US, then he/she 60 days to start working on H1 job else apply for change of status (or leave US and re-enter on some other visa).
3. If the person is entering US on H1 visa, then he/she has 30 days to start working on H1 job.
4. Within 30 days of start working, person should get his/her first paycheck.
5. By not working on H1 job, you are out of status since Oct 1st. (there is no grace period for out status. However, out of status does NOT mean illegal presence as long as I-94 date is not expired or USCIS has made the determination that you are out of status.
6. 3/10 year bar applies for illegal presence and not for out of status.
Good Luck.
____________________
Not a legal advice.
US Citizen of Indian Origin
1. There is no rule that H1 status expires after 1 year of no use. The key word here is H1 status.
2. If the person is in US, then he/she 60 days to start working on H1 job else apply for change of status (or leave US and re-enter on some other visa).
3. If the person is entering US on H1 visa, then he/she has 30 days to start working on H1 job.
4. Within 30 days of start working, person should get his/her first paycheck.
5. By not working on H1 job, you are out of status since Oct 1st. (there is no grace period for out status. However, out of status does NOT mean illegal presence as long as I-94 date is not expired or USCIS has made the determination that you are out of status.
6. 3/10 year bar applies for illegal presence and not for out of status.
Good Luck.
____________________
Not a legal advice.
US Citizen of Indian Origin
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abq_gc
08-17 06:18 PM
I-485 delivered at 10:25 on July 2, 2007 in LINCOLN, NE (NSC)
Signed by J BARRET.
I-140 approved from TSC
I-140 LUD on 07/28/2007
No receipts Yet.
Same here..
I-140 Approved from Texas, LUD on 07/22/2007.
I-485 reached NSC on July 2nd.
No receipts yet or check cashed.
Signed by J BARRET.
I-140 approved from TSC
I-140 LUD on 07/28/2007
No receipts Yet.
Same here..
I-140 Approved from Texas, LUD on 07/22/2007.
I-485 reached NSC on July 2nd.
No receipts yet or check cashed.
walker15
08-26 05:22 PM
I think anytime 6 months before the expiry of your current H1B extension.
tikka
07-09 10:04 AM
Can we have this event scheduled for major cities in other parts of US? What day are we looking for this rally? (14th July??)
I can gather 100+ people from Chicago..
thats awesome!! you should post this on the chicago thread.
I can gather 100+ people from Chicago..
thats awesome!! you should post this on the chicago thread.
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