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  • ind_game
    05-13 11:18 PM
    was ur first MTR denied in error?
    as per you, your I-140 was never denied.

    My I-140 was never denied. In fact the date 09/04/2007 that NSC mentions about the denial is the date that I got approval notice. I have the approval copy from USCIS. I am not sure what the adjudicating officer is looking on his terminal.




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  • Milind123
    09-12 06:03 PM
    Thankyou ska_iit EAD rangaswamy and imm_pro.

    All, please remember my intention is to motivate people who never contributed so far and who start
    a $50 monthly contribution for at least six months. I am going to do a one time contribution of $50
    for all such contributions (limits apply which I still did not disclose)

    Anyway good start. ska_iit EAD rangaswamy and imm_pro, please consider monthly contributions. imm_pro, you
    are only 2 contributions (of $50) away from the target of $300.

    While making my contribution I would like to thank all the people who have started their new monthly contribution.
    I would feel bad if I miss their name while searching the thread, so please PM me.



    Here are the details of my third contribution of $100

    Order Details - Sep 12, 2007 6:12 PM EDT
    Google Order #761429932710772




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  • xyzgc
    02-08 01:50 PM
    Hi,
    I been a member of IV for a long time and just to keep myself anonymous for a while I created this account. I am so sorry for opening a thread in a completely irrelevant forum but I have no idea what to do. So, I request all the members to please help me by providing some kind of information.

    Here is my story:

    I came to US in 2002 and completed masters and been working since then. I got married couple of years ago. Whatever the monetary gifts the girls parents gave as part of the marriage, I put all that in an account on the girls name within 2 days of the marriage. We came to India and from then on the problems started. She and her parents want me to separate from my parents and support their family by sending money to their parents which I couldn't do. How can I leave my parents in their old age when they worked very hard to give a decent life. She has been harassing me mentally for this all the time. Recently her parents have been threatening me saying they will file dowry case in India if I don't send money or cut myself off from my parents. I provided for the girl in all possible ways, even encouraged her to join school to get a masters degree which she stopped soon. We had a baby recently and my parents visited us to help us with the baby. She started harassing them too by saying something or other.

    I am very frustrated at this situation and I don't know what to do. I am on H1B and applied for 485 too. At times I feel like applying for divorce but when I think about my little baby I am not able to take that step. The house we currently live in, I bought long before the marriage. It came to a situation where we cannot live together. I cannot ask her to go out of the house because she doesn't have anywhere to go and with the baby even if she leaves, it will be very tough. I said I will leave the house and stay in a apartment for which she threatens to commit suicide. So, I don't know what to do. I am worried about my baby because between all this my baby's life will be spoiled and I don't want that. Can anyone please tell me what I can do in this matter?

    Thank you very much for taking time to read this.

    When you hear incidents like this, its always like "girls are too much". On the contrary, when we hear of wives being beaten up by "educated husbands" boys are too much. This is all silly really.
    I have heard some indian females complaining all the time how males tend to dominate everywhere its not really true. In a relationship, anyone could be a dominant partner - male or female. Dominance also means responsibility and taking initiative. So its not all that bad. And it is certainly not a male prerogative!!

    Your case is a clear case of "external interference". Divorce is not a solution to cases like these. Its not like you are not getting along. You relationship is spoiled due to unwanted interference. Convince your wife that you and her always come first. You cannot make your parents happy at the cost of displeasing her and also the other way round.

    Stop trying to diplomatic and stop being a family-pleaser. If you don't like something, say it clear and upfront rather than pussy footing around it. I found that diplomacy does not work at all. It only sends wrong signals and eventually you end up putting a firm foot down, anyways.

    Get rid of the elders from your life. It means don't allow parents/siblings from either sides to interfere at all in any decision making. Get the inputs but make it clear its a joint decision made by husband-wife and they have no say in it. Don't allow your parents/in-laws to stay with you more than bare minimum necessary for the new-born.
    If it means making some career sacrifices, so be it. Its your baby and you need to take care of it finally.

    Retrospect - analyze what has gone wrong. Today, you find your wife is all wrong and you are all right but when you do the retrospect you'll find its not like that, in fact its never like that. Humans make mistakes and we must accept that.

    Stop sending money to parents and in-laws, if its possible. Otherwise, maintain parity by sending money in small amounts to both parents. Its stupid to say my wife is not working so she has no business to send money to her parents. Its so wrong and I'm surprised folks can think like this. Marriage is about sharing and even a child will tell you that. If the in-laws are any sensible they won't accept gifts from the son-in-law but its for them to decide.And stop receiving any gifts from either sides.

    If you are in the US, don't go to your home country unless its an absolute must. I found that every time I go there family and relatives end up giving tons of unsolicited advice. The intentions are good but I have to keep saying no (diplomacy doesn't work at all) and that gets very annoying eventually.

    Finally, if you have a career oriented working wife there are advantages to it. Its better to work instead of being a hopeless housewife.
    Yes, it also means you can't take things for granted but that's no reason you should end up with a sweet, traditional house wife who'll no longer be that way when hopelessness sets in.




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  • susie
    07-15 11:19 AM
    APPENDIX: REFORM SOLUTIONS

    The Need for a Compassionate Visa

    A compassionate visa is immediately required for reasons of humanity and dignity. Currently, because of the technicalities of US immigration laws many families torn apart are also subject to more degrading treatment at times of severe illness. Any provision should allow for the following:

    * US residents, including those who are landlocked, to leave the USA for any necessary period for compassionate reasons;
    * Non-US residents to enter the USA for any necessary period for compassionate reasons on a nonimmigrant basis;
    * Evidence of immigrant intent should not prevent a person receiving a compassionate visa (such as an existing immigrant petition), unless an applicant makes it absolutely clear their intention is to immigrate and not to enter the USA on a temporary basis;
    * To prevent abuse of such a visa, documentary evidence should be required as appropriate to ensure the application is made in good faith; and
    * Compassionate visa processing should be dealt with the USCIS for US residents and in the consular office for non-US residents on an expedited basis if the imminent death of a close relative or funeral arrangements for a deceased relative is at issue.

    INA, section 203(h) (as inserted by the Child States Protection Act, section 3) (8 U.S.C.1153(h))

    Current Provision in INA, section 203(h)

    �RULES FOR DETERMINING WHETHER CERTAIN ALIENS ARE CHILDREN-
    (1) IN GENERAL- For purposes of subsections (a)(2)(A) and (d), a determination of whether an alien satisfies the age requirement in the matter preceding subparagraph (A) of section 101(b)(1) shall be made using--

    (A) the age of the alien on the date on which an immigrant visa number becomes available for such alien (or, in the case of subsection (d), the date on which an immigrant visa number became available for the alien's parent), but only if the alien has sought to acquire the status of an alien lawfully admitted for permanent residence within one year of such availability; reduced by
    (B) the number of days in the period during which the applicable petition described in paragraph (2) was pending.

    (2) PETITIONS DESCRIBED- The petition described in this paragraph is--

    (A) with respect to a relationship described in subsection (a)(2)(A), a petition filed under section 204 for classification of an alien child under subsection (a)(2)(A); or
    (B) with respect to an alien child who is a derivative beneficiary under subsection (d), a petition filed under section 204 for classification of the alien's parent under subsection (a), (b), or (c).

    (3) RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older for the purposes of subsections (a)(4) and (d), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.''

    Explanation

    The references to �(a)(2)(A)� refers to principal beneficiaries and �(d)� refers to derivative beneficiaries. Subsection (1) provides a calculation to be considered a child under the family-based preference categories in light of USCIS processing delays. Subsection (2) describes the types of petition covered, ensuring beneficiaries, whether principal or derivative, are treated as a child under 21. Subsection (3) is another useful provision so that if the calculation of a beneficiary renders them over 21, they can retain the priority date of the original petition.

    Problems

    The language of this provision has rendered the provision open to ambiguity. Specifically, subsection (3) states the �alien�s petition shall be automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.� The problem is in relation to a derivative beneficiary (which is covered by this subsection) and is twofold. First, by its nature of being a derivative, a derivative beneficiary does not have an original application to speak of. Only the parent has a petition, which has caused the ambiguity. A Board of Immigration (BIA) decision did provide a common sense interpretation (Garcia, Maria T, File A79-001-587, June 16, 2006), but this is not binding on the USCIS and we know first hand that the USCIS has not consistently interpreted the provision in accordance with the BIA decision. Second, although the above mentioned BIA decision clarifies the provision also applies to F4 derivative beneficiaries, these petitions do not automatically convert. An F4 derivative beneficiary who ages still must wait for their Parent to file a new I-130 form, which is inconsistent with the language of the provision.

    Another problem is if the new proposed points system is implemented, any person who ages out will no longer have a direct basis for immigration. Instead they would have to qualify under a points system, which is not guaranteed. This new system would make the above provisions redundant.

    Solutions



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  • Marphad
    07-06 03:45 PM
    Please...Please....Please don't reply within one hour.

    He is already banned :). Your post was good.




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  • Totoro
    05-02 09:41 AM
    Good job Admin2.

    Folks with ITINs,

    Please file for SSNs quoting this stimulus package and get the refund. If someone tries and SSA refuses, we can take it up with legislators or even pursue litigation.

    I am the person who originally compiled the information. I am in the process of appealing the first SSA denial and I am in touch with my local congresswoman about this. If you want to get involved, please let me know. Also, I recommend that everyone contacts his or her congressman/congresswoman even if you are not directly affected. Most legislators are not even aware of how this rule affects people. We need to stop groups like FAIR from pushing through more legislation that discriminates against immigrants.

    Finally, if the SSA denies my appeal, I am planning to file with the federal appeals court. Any ideas on how to go about this are appreciated.



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  • ychousa
    07-18 05:32 PM
    There seems to be 2 different opions about the process after CIS has received hundreds of thousands of applications until Aug 17th.

    1. Once received, CIS cannot sort out the applications according to PD, so only RD is important.

    2. PD is still an important factor, so if CIS is stuck with tons of applications on their hand, they will prioritize them by PD, which means if you have PD Dec 2004 and RD Jul 25 2007, you will be approved earlier than someone with PD Mar 2005 and RD Jul 2 2007.

    Greg Siskind, an immigration lawyer known to most folks here for his blog, says in his new FAQs that CIS should work on by PD.

    I think that's a fair thing, but I'm wondering how they would be able to sort out the flood of applications. Any idea?




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  • chintu25
    08-02 03:50 PM
    Dudeeeeeeeeeeeee,

    Thanks for another twist in the everlasting rollercoaster

    :D :D :D :D

    :confused:



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  • reddymjm
    09-02 04:43 PM
    Landed in Dec 1999.




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  • senk1s
    05-02 09:08 AM
    thats all the more reason to recapture visa numbers ... forever.
    If they hit 90-95% of the target for the current year - the following year the exact number will be known - and that can be allotted



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  • chanduv23
    11-14 05:35 PM
    It's call reseach topic.. We have to find some USCIS support documents for each case. We need some earlier USCIS decisions for each senarios/theories.

    RG provided few supporting CIS rules in earlier post and seems logical. But not sure if RG or RK is right.

    It's confusing indeed.

    My blog is based on RK's opinion. But we need some research and we also need clarification from USCIS.

    If AOS is denied erroniously, one MUST be allowed to work - because it is not our fault.

    Personallyif I can't work because it is not my fault, I am in trouble because I have a family to manage and a small kid to take care of.




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  • factoryman
    06-21 11:47 AM
    process, thanks to Cohen & Grisby PERM presentation at the recent AILA conference.

    So, things might slow down for PERMs due to this. Of course it will. See my posts about C & G elsewhere.



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  • gcnirvana
    08-07 12:23 PM
    I still see it as 7/112007 !!! Am I missing something :o

    hi all,

    USCIS has edited the reciept update of NEBRASKA EMPLOYMENT BASED I-485 TO 7/1/07.please go thru this link.This means it is still looking after the june end applications for reciepts.

    http://www.uscis.gov/files/pressrelease/ReceiptingTimes080307.pdf

    vaishu




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  • Milind123
    09-17 11:49 AM
    It is not my intention to make anyone feel guilty. Taking you there doesn�t solve my purpose. It is very momentary and there is a sense of regret for both of us, if this happens. You will repent for pulling the trigger and I will repent for not trying hard enough to make you see things the way I see it.



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  • jonty_11
    07-05 05:06 PM
    called CA senators, as I am outa state they said they are not entertaining outa state calls at this point...huh!!
    They only do this when call volume is high....Does this mean at least CAlif guys are calling..

    Go IV go@@




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  • manderson
    03-04 10:09 AM
    There is an I-131 LUD today from NSC and it says document mailed and that it will be delivered within 30 days.

    My RD is 8/15, ND is 10/12. I guess the Processing Times (@ 9/30 as of Feb 15, 08) caught up.

    Hang in there guys.



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  • BharatPremi
    04-16 02:22 PM
    Yes, my status is changed to 'RIR-In Process' from 'TR-In Process' on 04/13/2007. Victim of PBEC

    - BharatPremi
    EB3-state:MA-PD:July'2003- Original TR-NowRIR


    Anyone has their case converted to RIR recently at PBEC ?

    Mine pending since Jan 2007.




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  • eb3_nepa
    07-16 09:26 AM
    Good Morning people.

    A new beginning today. We missed our target of 2000 yesterday. Today we have a new target.

    $3000.00 by mindnight EST.

    Will we make it or will we miss again?

    Common IV'rs, this a chance at redemption. Let us show the anti-immigrants that we are UNITED.




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  • hitpauler
    06-10 04:41 PM
    When do you think would EB2-I hit Feb 2005? Before this year end?




    makemygc
    09-14 06:57 PM
    For all those who have sent PM.... Please note I am not an attorney or accountant... But then I had consulted my account and few attorney's ( paid the required fees to get them answered)... So please use your own judgement/caution.

    1. Yes you can open a LLC singly or jointly with your wife/friend/anyone.

    2. You can start the LLC even when you are on H1B but it is better that you wait till you get your EAD to get oprationalized. reason very very conservative view is that you cannot even write a check for your company or deposit a check... but this is a very conservative view....

    3. To open a LLC you can use an accountant ( if you have one, it will be cheaper by a couple of hundred dollars) or use agencies like www.legalzoom.com/legalzip/LLCs/llc_procedure.html .... I have used both in the past....

    4. Intially you can just form LLC as single or joint partnership and then elect as S corporations for taxing.... I forget within which period it is to be done, if I correctly remember when you file your first tax return or within 6 months you need to elect as filing as single person entity( then it becomes like your personal income) or you could elect as S corp....

    5. You will a tax id for the LLC, business license and other documents when you form a LLC, You will need to maintain book and tax records for 3 years... best to have it managed by an accountant

    6. You/ your spouse can work for your LLC.... Some of you if you want to after 180 days change employers can move into your LLC and maintain that you are employed in same occupational duties for your own LLC...


    Hope I have been able to answer your questions....:cool:

    Thanks for sharing that with us. I'm sure IV will become a platform for aspiring entrepreneur in the long run.




    bomber
    07-20 01:16 PM
    I think you can also switch using your H1-B. You can still invoke Ac21 on H1-B, just that EAD makes it easier to find new employers.
    moreover, you will now have to spend approx 4K on H1 renewals every year.



    I can see how it will affect many people's (including mine) spouses job prospects.

    Assuming it takes longer than 12 months, what are the options here? I would like to understand what AC21 says. Is having an EAD a precondition of using the AC21 provision i.e. does it say -
    "an employee after 6 months of filing 485 AND having an EAD in hand can switch jobs"

    or does it say

    "6 months after filing 485, the employee can switch"

    thanks



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