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  • morchu
    04-29 06:14 PM
    I agree, that for most of the cases "approved" is a safer approach.
    But there can be some specific situations.

    Lets say I-140 RFE received, to prove "ability to pay", and the response was not good enough to prove that. And before the I140 is approved/rejected, the employee quits and joins another company (after 180 days pending). The I140 is still portable, even if it is not approved, if the new employment matches AC21 conditions.

    Even if it represents a small percentage of guys in this situation, it is still good to know that if a dieing company cannot support your I140 anymore because of "ability to pay", there is still hope.

    This is a case where, the original employer still want to support your I-140, but "unable to" due to some other changed situations after filing of I140.

    ================================
    Here is the answer from USCIS:
    "Question 1. How should service centers or district offices process unapproved I-140
    petitions that were concurrently filed with I-485 applications that have been pending
    180 days in relation to the I-140 portability provisions under �106(c) of AC21?
    Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has
    been pending for 180 days or more, the following procedures should be applied:
    A. Review the pending I-140 petition to determine if the preponderance of the evidence
    establishes that the case is approvable or would have been approvable had it been adjudicated
    within 180 days. If the petition is approvable but for an ability to pay issue or any other issue
    relating to a time after the filing of the petition, approve the petition on it�s merits. Then
    adjudicate the adjustment of status application to determine if the new position is the same or
    similar occupational classification for I-140 portability purposes.
    B. If a request for additional evidence (RFE) is necessary to resolve a material issue, other than
    post-filing issues such as ability to pay, an RFE can be issued to try to resolve the issue. When a
    response is received, and if the petition is approvable, follow the procedures in part A
    "
    =============================

    so that just proves that since you dont know whether you would get an RFE or not, it makes sense for beneficiaries to stick with the sponsor till 140 is approved. to beneficiaries, it wont matter zip whether uscis uses approvable or approved.





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  • alias
    02-07 11:07 AM
    This is a very genuine concern. I being the only son have worries on the same lines too. Although my parents are healthy and doing fine at this time but I get really get tensed to fathom what is there down the line in another 5 years or so. Bringing them here is not an option, medical insurance will not cover pre-existing condition neither is there any visa other than B2. Two options come to my mind:

    1) I take up job which requires lot of travel, back-and-forth to India.
    2) I move for good to India.
    3) Look for a full-time nurse to be available to take care of them and I travel to India once in every 3 months, may be just for a week or so each time.

    All three options put a dent in your life. But I guess the golden period of life is over, remaining period of life will go raising your kids, looking after your parents. Sometimes I like the American culture a lot; you get to enjoy all life long!





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  • rjgleason
    February 27th, 2004, 07:28 AM
    I think 5 a week from us all is a grand amount.....

    I am doing ten.....(sete an easy target for my self)

    :)

    Count me in............10 a week! We are all here to share and offer opinions, praises and learn from the good and the bad in all of us.....(talking about photography here...........Lecter)



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  • snathan
    08-26 09:02 PM
    Hi folks,

    Is there any body out here ported eb3 to eb2 from same employer.
    If so what was the process. I have 5 years of experience and 4 yrs of Bachelors Degree.

    Your help is greatly appreciated.

    Many thanks in advance

    Unfortunately your current job experience can not be used for the GC process. If you want to start the EB2, you need to find job





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  • bbct
    03-06 08:23 AM
    In India, as of this day only Rs 1L is secured if a bank fails ............... isn't that way too low.
    http://www.dicgc.org.in/GuideToDepositInsuranceInIndia.htm#q3

    That is way too low compared to what FDIC insures us.



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  • munnu77
    07-17 04:14 PM
    My friend applied for PERM on April 1st and got approved yesterday.
    Just wanted to let the people know who have their perm pending, so they can calculate processing dates.

    thank you





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  • ameerka_dream
    05-16 08:57 AM
    Got some info from I M M I H E L P dot com. Hope it's helpful to everybody
    --------------------------------------------------------------------------------------------------------
    It is possible to register the birth later than one year after the actual date of birth.?

    First, We to get a Non-Availability of Birth Certificate (NABC) from the concerned office.

    After that, get an affidavit from parent or a close relative stating the birth took place at home/ hospital etc and get it notarized. Then a "vakalatnama" has to be filed by the Parents/close relatives through an attorney and submitted to the Municipality court of that jurisdiction along with the Non-Availability of Birth Certificate.

    "A Class" magistrate will then review the case and issue a standing order to the Municipal office to make a fresh entry and then issue a new birth certificate.

    You should carry school leaving certificate, tenth or twelfth class certificate, applicant's passport, address proof of parents etc. to them to register your birth. If available, please take the address proof that indicates that your parents lived in that area at the time of your birth. Delayed birth certificates are not considered as conclusive evidence of birth.

    If your birth was registered more than 1 after your were born, you must submit the secondary evidence should be submitted along with the certificate.

    sources from I M M I H E L P dot com:

    http://www..com/birth-certificate/delayed-birth-registration.html
    http://www..com/birth-certificate/non-availability-birth-certificate.html



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  • bijualex29
    07-31 05:51 PM
    Dear All,
    Today, one of my Friend�s I-485 got returned from Mail room due to Filing fee missing.

    He is 100% sure that he attached 325$+70$ filing fee along with application, he has photocopy too to prove his stand.

    He is lucky, that he is re- filing it again, my question is , what happens, if the file get returned due to mail room clerks error . Can we refile again after 17th Aug,2007 ?

    What proof we have to make sure that we filed properly, will USCIS honor our proof ( that is photocopy of all the document we retain ) as a proof that we filed properly.





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  • Jimi_Hendrix
    11-17 04:34 PM
    for agreeing about the layout for this thread and forum. Agreement is so blissful around here.

    Now let us get to work and start actively working on IV's objectives:p



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  • eb3retro
    03-04 05:15 PM
    Is there anything i can do on H4 visa??

    Yes, you can do your household work or volunteer in some local libraries or hospitals.





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  • starscream
    06-04 01:26 PM
    This is what I got from the below link

    http://www.tradingmarkets.com/.site/...0News/2359471/

    Chairman of the Asian Pacific American Caucus, Rep. Michael Honda, will hold a press conference on Thursday, June 4, at 12:00 p.m. on Cannon Terrace, or in case of rain Cannon House Office Building Room 441, to present key components of a comprehensive immigration package, in preparation for President Obama's reform agenda. Joining the Congressman will be other Members of Congress and supporting advocacy organizations. Rep Honda will discuss his Reuniting Families Act, to be introduced in Congress this week, and the need to reform America's family-based immigration system to end lengthy separations of loved ones, promote family stability and foster the economic growth that immigrant families have provided throughout our history.

    Provisions related to Employment based Greencards:
    *Recaptures unused family-based and employment-based visas previously allocated by Congress which remain unused.

    * Increases the per country limits of family and employment-based visas from 7% to 10%: Right now, each country only has a 7% share of the total cap of visas that Congress allocates each year. Increasing each country's percentage of visas would eliminate the absurdly long wait times for individuals to immigrant from certain countries like the Philippines, China, and India.

    This bill is similar to S 1085 introduced in the Senate with regard to employment-based visa provsions - basically recapture and increase per country limits from 7 to 10%

    Guys, there is nothing to be excited about for EB folks in this bill.. This appears to help FB folks and in the name of re-union, which is a good thing ofcourse but, for us.. If I read between the lines, I have a bad feeling... Are they trying to re-capture the EB wasted visa numbers along with FB wasted and allocate all those to FB folks? :confused:

    Let the EB folks live this same life?

    God knows...



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  • no_more_anger
    05-07 06:21 PM
    Who asked for a combined AP and EAD?

    What help will it offer really?

    It would have been better to ask for a 5 year EAD. But some person would have posted asking for a combined document?

    What will we really do with a 2 in 1 document????

    Really....you can't see how good that is? I am surprised to the core.

    A single document means simplification in filing....not having to keep track of when
    which document expires. It will obviously come with lower total filing costs. I prefer if
    they just give a single card (like EAD) that has all the details, 485/EAD/AP....so wherever
    you go, you just present that card and you are done.....instead of carrying multiple
    documents.





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  • thomachan72
    10-29 04:05 PM
    NRE accounts--> interest earned is not taxable in India but has to be reported in your 1040 here.
    NRO accuont--> earns very high interest rates (was 11%) just a few months ago. There will be TDS but you can file an income tax return and claim the amount that they deducted above what you would be taxed.

    For eg:- if your total interest earned is 100,000 they would withhold upto 30% of it (may be lesser depending upon your situation). When you file your returns your total income is only 100,000 which is below the taxable limits and therefor you will be returned all that was witheld. Only those with interests >180,000 per anum will really lose money.

    Some people split accounts and try to hide interest income. This is not advisable if you ever want to repatriate the interest income. Once you have payed required taxes on the interest you can repatriate any amount of interest income to the US. Many people use this as a source of regular income.



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  • Onlytruthnobs
    06-01 01:34 PM
    Hope for the best and prepare for the worst.

    Go with every document that you think is important. Also, consult your company's lawyer.

    I think it is going to be ok.

    Good Luck and please share your experiences when done.





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  • div_bell_2003
    09-18 02:24 PM
    Any response to that ? My wife's EAD is expiring on Oct 22nd , I have e-filed for her EAD renewal , got the receipt and the FP notice promptly, but after Sep 03 FP, no status update and I have seen people applying after me ( paper filed ) getting CPO emails :( , so can she work on the receipt or not ? any pointers ?

    Just to add, her EAD renewal is pending at NSC but the FP notice came from MSC, hope NSC can access the biometrics from MSC ( heard some cases where once center could not access the other center's biometrics )



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  • quizzer
    11-10 02:22 AM
    Hello,

    My case is EB2. I have a B.Sc Physics degree + 1 Year PGDCA + 19 years of experience in software development field. USCIS issued an RFE on my case, requesting the transcript of my degree. Before my lawyer responded to the RFE, surprisingly, my I-140 was approved. I wish the same happens in your case, too.

    Can you tell me ur dates:
    I140 RD
    RFE received date?
    final approval date?
    Service center?

    Thanks





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  • anu_t
    06-20 02:08 PM
    Please admin I need help here. I am leaving my best job and going back to join worst desi employer just to file for 485. But I am scared to death what if he denies to file my 485? what are the documents needed if he denies?
    Otherwise I will be from nowhere .





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  • greenguru
    04-15 11:57 PM
    Is Advance Degree MS ? or BS ?





    RamBihari
    02-16 03:59 PM
    If each state in India were a country

    There would have been no backlog.

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    anilsal
    05-12 08:17 AM
    Documents are usually lost and replaced (via duplicates).

    Just ensure that you scan the docs into PDFs or something like that (Most of the new home printers have this option). When a need comes, just print the PDF.



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