Tuesday, June 14, 2011

Nissan Micra K11 Modified

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  • a_yaja
    07-20 10:47 AM
    I am a July fiasco survivor. My 485 has been filed through AOS, so no worries there. I was supposed to get married in a few months, but my fiancee has rushed down to the US on her tourist visa. The plan was to get a civil marriage certificate done and have her atach her AOS with mine. Lawyer has now informed me that she needs to stay here till she gets AP otherwise the application is considered 'abandoned'. She has a life in her home country that she needs to get back to, She can't just drop everything and park herself here for the 4-6 months that AP is likelt to take for July applicants. Does anyone have any advice, or a similar situation? As I see it, my options are -

    1. File AOS for her and let her leave, and take the chance that they will track her departure and cancel her application. If this happens, is she allowed to refile if the PD becomes current later?

    2. Rush out of the US with her to get her back in on H4 visa. Challenge here is that it is near impossible to get an appointment at a US consulate before the 17th Aug window closes.

    3. File her application through CP. She doesn't get interim benefits that way. Given my PD of EB3-June 2006, I'm not expecting a GC for at least 3 years, so this option really sucks.

    Any suggestions from the community out there?

    Did you ask your lawyer about "rushing back to India, getting married and she comes here on tourist visa. She can file for AOS and EAD/ AP"?

    One more thing about getting married here on B1/ B2 and filing for AOS. I have heard of a case where the AOS was denied for a similar case. A person came the US on a visitor's visa and married a US citizen and applied for AOS. USCIS denied her AOS because they claimed that she falisified her visa application for B1/ B2 by stating that she had no immigrant intent but she did infact have an immigrant intent by coming over here and marrying a US citizen and filing for AOS.

    While your case is not exactly the same, USCIS could use the same reason if you get married here. But getting married in India will not have the same effect because getting married in India does not show immigrant intent on her part.

    Best to ask your lawyer.





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  • joydiptac
    06-21 01:48 PM
    By law: If you take Unemployment benefits => you have become public charge. If you become public charge => you broke AOS condition. Which requires you to be never be public charge. On top of that if you were still on H1b then that would have expired with you loosing your job. So that makes it a good case for removal proceedings if your case gets an audit (which is very likely).
    Lookup a similar thread(removal proceedings) in IV.
    Get legal help before making a decision like that.





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  • GCStatus
    09-15 12:17 PM
    Good to see this

    We all join together in our mission. We will include this in part of confronting first. Check out the other thread as well





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  • sanju_dba
    09-10 02:59 PM
    hello every1,

    I was wondering how many of you are here who had applied their labor with MS + 0 years of experience..

    Could you please shed some light on your profile and current standing in GC process ??

    Thank youu....

    MS + Zero exp = I doubt if any one out there



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  • gclongwaytogo
    10-19 09:42 AM
    July 3rd filer....LIN# (though I-140 approved at TSC)

    Receipt Date: July 3
    Notice Date: October 11
    EAD Card: Waiting
    No FP notice yet
    I-140 approved: TSC
    Originating Issuer of I-485 and I-765 : NSC





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  • davidk
    02-16 08:39 AM
    Hi Everyone,

    I will be laid off from an american company by the end of Feb 2009. I spoke to my previous desi employee as my H1b with his company is still valid and he din't revoked it until now

    But he agrees to let me join his company but at the same time he worried about few things



    Q1) I was with him for 6 months of 2008 and moved to an American Company so the total pay in the W2 for year 2008 is less than LCA amount.
    Would that be a problem as i din't work with him for an entire year in which case it is bound to be less than LCA amount..
    Mind you i'm looking at the Yearly wage if you look at month wise it is much higher than mentioned in LCA.

    Would that be of any problem to both me and employeer.

    Q2) He also said that when somebody re hires any one , the employeer is liable to pay back wages for the period of time he was out.

    It sounds illogical atleast to me because he didn't terminate me from the job it was me who quit the job and transferred my H1b on a good note , but there is no official document saying i quit the job or he terminated me ....


    I would appreciate if some could throw some light on this ....

    My future is relied on these issues

    Thanks
    David



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  • greensignal
    08-22 11:06 AM
    You applied at the right service center TSC. I also live in NC and applied on July 25th at TSC and got the Receipt notices.

    Did you check the processing dates for TSC for I765? I think currently they are processing applications applied before April 16, 2008.

    So dont worry.. But you may call TSC Service center for any status





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  • ufo2002
    09-05 06:12 PM
    Dems getting the house and improve our situation? Doubt it.
    Does anyone remember what Ted Kennedy said about us legal migrants?
    He said we don't have the same issues with the illegals regarding coming into
    this country.
    And what about Diane Feinstein? She's pro-agriculture and anti-IT.

    Remember: Republicans are a party with bad ideas, Dems are a party with no ideas.
    Reps: "We got a really bad idea!"
    Dems: "We can make it sh*ttier!"



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  • dipu76
    06-01 05:53 PM
    I just happened to see a copy of my labor approval. My current salary is less than the salary mentioned in labor approval. Do you know whether it is legally valid?. My salary is as per the LCA for H1.





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  • meridiani.planum
    12-13 06:26 PM
    you are a sheer genius (or should I say genie-ASS).

    Yesterday you posted a link from Murthys website:
    http://immigrationvoice.org/forum/showthread.php?t=16081
    got beatings for that. Went away for a while. Now you come back with a posting from Mathhew Oh's website.
    In neither case you posted a link to where you go the information from (also removed the copyright notice that Murthy puts up on all her postings), act as if its some "breaking news" when we have all read it ages ago, and are barely recovering from the hangover.
    You are probably expecting flowers, but will receive brickbats. Again.



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  • immi_seeker
    10-05 12:43 AM
    This Thread is to start the ball rolling for meet & greet for Arizona members. Arizona memebers especially the folks living in phoenix/Chandler/Gilbert/Mesa/Tempe area , if interested pls come forward and post on this thread.

    We could setup something in the near future (some weekend or friday)on october itself ) so we can get to know each other and discuss about any future course of action from a state chapter perspective.





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  • imm_pro
    06-11 12:55 AM
    This will be useful if you filed your labor after the end of 5th year and the 140
    is still pending at the end of the 6th year.



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  • partha_vus
    06-15 10:31 PM
    Hi Gurus,
    I am filing 485 soon. But l have ported my priority date to latest I140. I am filing 485 based on the latest 140. My priority date is Jan 2001. I am filing my 485 will now, will uscis consider my priority date and process my case OR filing date which is june 20, 2007 and process accordingly. i.e some body filed on May 30, 2007 with PD Jun 2003 will consider for processing first? rather than my case?

    thanks,
    :confused:





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  • MYGC2008
    01-20 08:30 PM
    I renewed my Passport at NY. and they are accepting valid EAD. It is not true.

    But Initially they gave for 1 year when I renewed on July 1st week 2008.
    Later on 2nd Junary 2009 I went and they gave me full 10 year.

    I am on EAD abd travelled using AP. I even did not show my H1B I797. The Stamping on Old passport was expired way back in 2007.

    Let me know if u need more info.
    Also I met lot of people and they were given 10 years (may be 1year first and later renew for 9 more)


    Hi friends,
    My brother in NJ got his new passport at NY Indian consulate (since old one was expiring soon). They gave new passport which was valid for only one year - saying that they need valid unexpired visa-stamp to give 10 year validity passport.
    They said that they will NOT accept
    - valid unexpired EAD
    - valid unexpired AP
    - valid 485 receipt
    - even valid unexpired H1 approval notice (my brother still has H1 in addition to AP)
    ...Now it is so absurd that, even if my bro went for visa stamping (which he isn't planning), he will not probably be issued 3 yr visa as passport is valid for very short duration. A chicken and egg problem.
    In addition why do Indian consulate worry about our visa status for determining passport validity duration ? If they do care then at least they must accept the legal documents (ead/ap/485 receipt/h1 approval notice) to make a decision.

    I will appreciate if anyone has a solution to this problem. All answers appreciated.

    I am so sad (and mad) that lawmakers of our country are still haunting us while we are away from our country and trying to contribute to its progress.



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  • yetanotherguyinline
    01-18 01:48 PM
    Great initiative Gopal :)





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  • calaway42
    10-20 02:41 AM
    i found painter 5.. sounds alrite?



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  • pkd666
    02-14 02:05 PM
    Courts in NJ are not all that friendly to the employees in the case of a non-compete issue. I did some research in this regard when i was having trouble with my desi employer. If you were in California, you can just show him the finger, but NJ is different. If you did sign a non-compete agreement then i would suggest you try switching vendors and join the client after a while. but if you did not sign anything, then there is not much the employer can do.





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  • PALLO
    04-21 01:42 PM
    Thanks guys for your inputs and helping me understand this better.

    I understand that LC is for future employement. Someone said that at the time of filing 485 , company should be wiling to make you an offer for the specified location in LC. But does it just mean offer or you have to accept it and move there till it has been post 180 days of 485 submission Time when GC becomes portable (assuming 1-140 is approved).

    Thanks once again.





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  • rajenk
    08-12 12:46 PM
    Thank you all for your response.

    The reason for my opening a new thread is to get attention from other members to get my question answered. I did not want to bury my question in to those lengthy threads, and the chance of getting such question answered is highly improbable. OK now to my additional questions on this subject.

    Questions:

    1. Did you guys receive all the receipts (yours and dependents) together in a single postal mail?
    2. If that is the case then in my situation should I safely assume my wife's application was rejected?

    Please respond I have only 5 days to re-submit a new application for my wife. If I miss it then our whole GC dream will become a nightmare:(

    My PD is 11/30/05 EB3

    Thanks
    Raj





    martinvisalaw
    12-01 06:01 PM
    The relevant dates, as I see it, are:

    10/06: H-1B ext filed
    12/06: H-1B expired, ext still pending
    7/07: 485 filed.
    ??: H-1B ext denied?

    Using INA 245k you may be able to argue that you are eligible to adjust because you may not have violated status for over 180 days, or at all, before filing the 485. Recent CIS memos on the issue of unlawful presence and related topics have made this a very complicated subject, so you really need to review the entire history with an immigration attorney in a formal consultation if you want a 2nd opinion.





    rockstart
    07-16 11:24 AM
    Can any one tell what is written on Eb3 I 140. I am assuming it will be
    Sec 203 (b) (3)
    but is there any text associated?



    For example, if it says 'Mem of Profession w/Adv Deg, or Exceptional ability Sec 203 (b) (2)' it is EB2. So it's what's checked in when u file your 140, and what it is approved for.



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