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  • solaris27
    03-12 10:16 AM

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  • leo2606
    12-13 08:02 PM
    We are all waiting for next breaking news from you ramnadhan.

    Visit another immigration site tomorrow and come back with another breaking news.

    January 2008 Visa Bulletin and Predicament of Unmarried Indian EB-2

    India has a tradition of family match-making marriage that more or less determines the timing of a marriage for a single person. When the EB visa numbers were open a few months ago, the unmarried single EB-2 worried about premature approval of their I-485 applications before they would have married and often talked about the way to delay approval of I-485 applications until they would marry. The January 2008 Visa Bulletin and the State Department prediction for the EB availability in coming months have removed such worry from these Indian professionals. However, in an unanticpated twist and irony of the development, they will instead face a different problem, to wit, their future spouses may not be able to apply for a following-to-join derivative EB immigrant visa benefits for a long time. Considering the amount of time the future spouse will have to wait to file for the immigrant benefits, it may be important for these EB-2 Indian professional to take at least two actions. These unmarried Indians have maintained a H-1B status to bring their future spouses in a H-4 visa status so that they are not separated after they marry. This strategy will become more real and critically important, meaning that they should keep staying on a H-1B status and not using EAD and AP. If they returned using AP, they may at some point of time, reinstate their H-1B status before their H-1B validity runs out. The other action which they should take is to file concurrent EB-2 and EB-3 I-140 petitions using the same EB-2 labor certification. Since the EB-3 is more favorable or at least will have a cut-off date rather than "unavailable," in certain situation they may maneuver the immigration rules that permit transfer of pending I-485 applications between EB-2 and EB-3 during the period when the visa numbers remain current for him/her. Such maneuver may at least allow the spouse to file I-485/EAD/AP. When EB-2 becomes more favorable, they may have to transfer the I-485 applications back to EB-2 petition. This maneuver is not a good option for everyone as it will require a log of juggling. However, some earlier priority date EB-2 Indians may dare to venture such juggling because of their unique circumstances that require filing of I-485 application for the spouse. It is something to think about and people should seek legal counsel.

    I hope this info useful for our fellow members.


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  • rockstart
    09-10 10:15 AM
    My advice you need to prepare a comprehensive package of documentation since your case is really messed up.

    1) Get a legal translation of your original BC from Hindi to English. You can enlist help of some one you know (not a direct family member) or proffesional translation agency to do this. If done by some individual get it notarized.

    2) Now prepare a letter highlighting the sections that are correct and sections that are incorrect (like name of child)

    3) Get 2 affidavits from your parents/ relatives which the corrected information (also add the other BC info required refer to IV wiki for details). Make sure that these affidavits contain enough details to explain why the name and other details changed.

    4) Get as much documentation as possible which can suppliment the new info. Example 10th / 12th certificates, School Leaving Certificates, PAN Card, Indian Drivers License, Nationality/ Domicile certificates, Caste Certificate, Election Card etc etc that can support the new name.

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  • rp0lol
    03-30 08:40 PM


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  • eldrick
    08-16 01:53 PM
    Initially, when lawyer sent the documents for signature, they said we should send a $745 dollars check for spouse's form fees. So, my husband asked HR if he's gonna pay for this but HR told him no need they are gonna cover it.

    But just yesterday, after my husband got his payslip they deducted 1245 fee. So, my husband complained that he was told that he's not suppose to pay even for spouse's fee.

    Because of this complaint, Company sent a letter of apology for wrong information.

    My question is , do we really need to pay for this + separate legal fee?

    Sorry my details are incomplete in my first post.

    Please help. Thanks

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  • PDOCT05
    08-15 01:17 PM
    Sent on 07/02, reached on 07/03. Notice date is 08/13. Checks were encashed on 08/14. :):)

    140 was approved from Nebraska.

    Good luck to all of you. You will get it soon.

    Congrats.Can you share who signed your packet and what time it reached NSC? I am just curious whether i will have any get the RN in next couple of days.


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  • pmat
    03-14 03:50 PM
    She doesn't need a transit visa. My mother-in-law came last week through Munich. She had a 10-yr multiple entry US visa stamped and didn't need any German transit visa.

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  • REEF�
    06-11 05:43 PM


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  • kerstbrd
    07-09 12:02 PM
    Then why do we need an attorney if we are there to correct them. We provide them with proper documentation. They make sure they put it correctly in the form. I can understand if a wrong document has been send and that caused the error but otherwise what are they for.

    That was my feeling all this time. Why couldn't they just give us all the proper forms to fill (which we don't need lawyers for) and then correct the mistakes.

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  • h1techSlave
    10-01 11:02 AM
    I just wanted to point out that a delayed FBI name check is useless any way.

    If the purpose of the name check is to identify criminals, that process must be completed within a few hours. If the checking process takes more than 24 hours, than what is the use of the check?

    Currently the FBI name check system is a bonanza for a criminal. He/She will have 2 - 3 years to commit the crime, before the FBI catches up with him/her.

    I think the system was originally designed to check the names of people outside the country. In that case, a delay is not at all harmful.


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  • ArkBird
    11-27 12:39 PM
    I think labor substitution is no longer allowed.

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  • fromnaija
    07-23 02:38 PM
    I remember reading somewhere on USCIS website and this forum that FP taken in late 2007 (probably for all July 2007 filers) will last for the duration of AOS application...

    This must be for bad FP or for missing FP for self or any family member...

    I posted the following at another forum on this topic:

    USCIS is developing the Biometrics Storage System (BSS) w hich will allow the re-use of fingerprints and, if an application or petition has not been adjudicated within the fifteen month validity period, USCIS will be able to simply re-submit the stored fingerprints to the FBI, without any involvement of the applicant or petitioner. See 72 FR 17172 (Apr. 6, 2007) (establishing a new system of records).

    It is from this link: a52

    Further research showed that the BSS (Biometrics Storage System) actually went into effect on May 7, 2007.

    DATES: The established system of
    records will be effective May 7, 2007
    unless comments are received that
    result in a contrary determination.

    This is from FR 17172 which you can find at:


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  • snathan
    09-29 09:21 AM
    We have taken indian jewellary with us when we travelled to India. I dont think it is a problem and you dont have to declare it in customs. I think if you are carrying cold in the form on coins or bars, you will have to pay customs. I dont remember but it says in the customs form that personal jewellary need not be mentioned. I would check the india's customs website.

    I never knew this....:D

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  • green_card_curious
    03-08 01:04 PM
    Thanks Hopefulgc. What is AFAIK?


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  • smgms
    07-11 09:51 AM
    I would recommend get the report both for you and your wife.

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  • mnq1979
    06-26 10:58 AM
    You may need 2 affidavits each. More over you need additional supporting documents such as school certificate, medical record any other similar documents stating your birth date and your parents "full names". This what I was asked provide on my rfe. Wait for your rfe. They will tell you in that what need to be done. Good luck

    Well i have documents which states my fathers name next to mine but i dont have any document which states my mother name !!!!! i m soo confused and tense !!!!


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  • mbartosik
    02-20 11:01 AM
    there have been rumors of EB2 India moving out of U.
    Any notes with VB may be more important than the actual movement. So whether it is worth depends on the PDs.

    I interfiled (ROW) in December, I'm not sure if they applied it.
    When I spoke with an IO they seemed clueless about interfiling, thinking that new I485 had to be filed -- plain wrong. So be prepared to check up on them a month after filing. They should be able to tell you if the I140 is assigned to a I485. For me it is academic now because as of March I'll be within PD for EB3 or EB2.

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  • espoir
    07-27 04:06 PM
    The moment you use your EAD to get a part time job even you still are working fultime job, your H status is suspended. You can still work with your employer who filed your GC not in H status, but with EAD.

    In other words, you can only be in one status at any time. You cannot have H status and work on EAD at same time.

    What happen to a person with H1B and then EAD. Main job he continues with original employer who file GC and take a partime like working in a store. What will be the interpretation and Can he do that?

    Senior pl give advice.

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  • vivache
    10-06 12:59 PM
    What if we take a more reasonable example that McD's.
    Assume a person is a pre-sales engineer and moves to customer support or development or even product management, he will have paystubs that have a reasonable amount on them. Does this solve the paystub problem or are there other issues?

    02-01 06:53 PM
    Give all your account access to your wife, then she feels that is secure :)

    You got good options already posted here from some of our buddies.

    12-12 04:12 PM
    I'm not surprised if there are Eb2 prior to 2000. Almost every employer substituted every LC they could subsitute just before the deadline to end Substitution. Some estimates put it at 175,000. So I'm not surprised it there are hidden Eb2s who have PDs prior to 2000 !

    Of course, none of them will come here and claim it !

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