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  • a1b2c3
    08-04 06:10 PM
    In this case you can not port the PD unless your subsequent I140 is approved ( ie your Feb-08 I-140 is approved) Once this get approved, you can port to already approved EB2-I140 to make your EB2-140 PD same as your EB3-I140 PD.

    similar sit and my 485 was accepted with older pd!
    what you say maybe true, but pls don't say it so confidently unless your are an attorney!





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  • Alabaman
    09-05 10:28 PM
    Contact Lou Dobbs and tell him to do a story so he knows what we are going through :)





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  • MDix
    09-18 10:05 PM
    How do we know that there would be more FB Visa. This allocation is by law and whatever left by FB get distributed in EB.

    Does any one on this forum know under what section of law family to emp based spill over happens ? Last year DOS allocated some 10k family visas ( unused) to emp quota but it was distributed.

    Just checking if this allocation is by book of law or interpretation of DOS based on some law. There are some chances that this year family based quota could be more and if DOS make them to fall down from Eb1 -- > Eb2 --> Eb3 -- > Eb4 -- > Eb5. then it could make C for all EB2 and those visas can fall down to Eb3 and this way in Oct 2010 atleast EB3 India get some 10-15 k extra visas. but if DOS allocate them across all category from day one then Eb2 row and Eb1 , 4, 5 keep consuming them and during last quarter spill over come down less..

    Lets find out if there is any thing in law.





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  • GCapplicant
    02-01 07:57 PM
    We had a similar problem during Dec 06 - Our bill came around 400 ...We reside in NJ...

    We were surprised because we spent almost 20 days in Florida.

    when we called our provider there wasn't much help ,they never accepted that it was a fault.

    I immediately took a picture of my reading from the meter ,and gave copies to them and old bills of the last two years winter.

    Then thet agreed not to charge for three months.

    So check your meter...and previous bills usage ...for comparison...

    But where were you at a stretch all those months??



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  • sunny1000
    12-14 12:15 AM
    Hi,
    If married in India & want to take divorce in USA what is the procedure & will it be a valid divorce?

    Sorry to hear that your marriage did not work out. If there is a way to work it out, please do via marriage counseling.

    If not, give us some more details about your present situation to give you a qualified answer. I am attempting with what I have.

    I assume that you both are Indian citizens.

    If you and your spouse consent to the divorce mutually, you can obtain it here in the U.S (in your state of residence) as per the state law since divorce in the U.S is a state subject OR get it in India by mutual consent (it takes 6 months to obtain a divorce by mutual consent).

    If your divorce is going to be contested and you both live here in the U.S, then, you can file here provided you believe that your spouse will not take refuge under the Indian laws by going back at any point during the start of the process (once you serve her/him with the Notice of action and she/he responds to it in the Court here in the U.S, that court has the jurisdiction usually).

    If your divorce is going to be contested by your spouse AND if he/she is moving to India OR if already living in India, you are better off filing there. But, believe me, in this scenario, there is no good answer as you are in the lose/lose situation. Here is why:
    1. It is very difficult to get a divorce in India, if contested (especially if contested by women) and it takes a very long time (average is 3 years in the Family court and it takes another 5-8 years to go thru the appeals process in the High court and the Supreme Court, if one of you choose to do so).
    2. He/she can counter your divorce by filing what is called "Restitution of conjugal rights" (yes, India is one of those countries which still has this section) which entitles him/her temporary maintenance until the cases (both Restitution and Divorce) are settled, if he/she is not working (it runs in the average of Rs.35000 to Rs.40000 a month for you, if you are a working spouse from the U.S). Based on the final judgement, you will be responsible for a final settlement which may include property, monthly/one time alimony, child support etc.
    3. You will have to appear for every hearing in person which is every 15 days to a month (exception is Karnataka where you can give power of Attorney to a relative. Even in that case, you will have to fly in every 6 months).
    4. If her/his lawyer is a scumbag, he/she can harrass you by threatening to file false charges against you.

    Please note, getting a divorce ex parte in U.S is very difficult and is also not valid in India. Your spouse can contest that in the Indian Supreme Court and you will be issued with a subpoena/summon. Failure to appear will lead to an arrest warrant.

    Do a lot of research if your divorce is going to be contested in India and PLEASE consult a VERY qualified attorney in divorce law who can also handle international laws about divorce. This gets even more complicated if you have children. If any lawyer tells you that it will be over in 2-3 hearings, don't believe that unless it is a divorce by mutual consent.

    From my personal experience, please try the best to get an out-of-court settlement (by hanging the pride and ego outside the door) as it saves a lot of time,money and agony for you and your family. Contested divorce is one of the most painful experiences in one's life and it does leave a permanent scar.

    Good luck.





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  • h1vegas
    07-30 12:25 PM
    Dont worry it will be fine
    Even me and my spouse applied together in late june
    I got mine last week and her's is still pending.
    Its USCIS...relax



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  • Legal
    07-16 08:39 AM
    I am not sure how important the processing dates update, If you look in , there are many approvals whose processing dates are well beyond Jul 17 (for TSC). This makes me question what is the processing date updates mean?

    It means ALL the cases filed before 7/17/07 have been processed, doesn't mean they are not working on cases beyond july 17th.





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  • payur
    09-04 12:12 PM
    Fellows in pain ...

    It's been horribly long 10 years and many complications along the way but my journey seemed to have reached the end. This morning I got a magically enchanted email:

    Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
    Current Status: Card production ordered.

    I am still at awe and can't believe ... probably will never do until I get the physical card.

    For those interested:
    EB3 ROW - Dec 2004 (first application was April 2001)
    I filed 765 and 485 in June of this year


    Congrats!!!!:cool:

    I remember you because you created the "June 1st filers - receipt " thread.

    I hope many approvals come soon.

    I would appreciate detailed signature will help us.



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  • rajpatelemail
    12-09 05:43 PM
    yeah
    this guy can not even dare to reveal id....
    pity pity....

    To avoid this type of d***less Buttheads comments, we are requesting to reveal ids.

    Comments and reds are very much fine and apprciated... No issues.
    So that we can learn from others comments.
    But Revealing ID is very very important.

    see my comments , this d***less is giving comments and do not have spine to reveal his/her id, yet.





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  • coolest_me
    05-08 12:34 AM
    I met with the Civil Surgeon who completed my I-693, today. It seems like USCIS did some mistake. He checked the sealed envelope and didn't understand why USCIS generated a RFE for this. We completed all our required vaccination back in June-July 07 when we did our medicals .

    We did the 3 vaccination that are required , Td, MMR and Varicella. The Dr put the dates for these vaccination in the I 693 supplement form. For all other vaccine he put the 'child record not found' under the dates and checked under the column 'Not appropiate age'. I also checked that all other vaccine are not required since we crossed that age. USCIS has problem with the 'Child record not found' written under the dates. The Dr said that he has been filling this form in this manner for last 15 yrs and never had any problem with USCIS. This is the first time he is getting this kind of RFE. He said he will talk to the USCIS.

    Its very difficult to get the records for those vaccination. Does anyone has any idea about how other Doctors handle this ?

    With this situation I wanted to know what are the options we have ? Dr said that it might take one week to get the reply from them. Since there is time boundation to send the reply I m little worried what we can do about this.


    Please suggest how we can handle the Medical RFE ?



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  • alien2006
    08-23 12:34 PM
    knowDOL, thanks for the info, will keep it in mind.





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  • eb3retro
    10-23 10:50 PM
    Here is my case : I-140 approved, couldnt file I-485 due to freakin retrogression. H1 extended 3 years after 6 years initial limit. Can i do a H1 Transfer. Can I still use the PD to apply a new labour thru perm and apply in EB2. Currently i am in EB3 but my PD for eb2 is already thru. Please advice. Thanks.



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  • drona
    09-10 02:19 PM
    We've had 19 members join WA State Chapter in the past two days, let's keep it going. Please get active in your state chapter and help IV succeed.





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  • DirCls
    07-15 08:05 AM
    They are entitled fro thier opinior and so are we as immigrants.
    We are doing a great job so far, but have to do better.

    Long live IV Core and its members!



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  • bmoni
    08-19 09:25 PM
    Thanks LT. I have to be in india for a wedding in the second week of sept. I thought being valid is good enough. Where did you find the six month passport validity needed for travel. I can get it renewed while I'm in India but I'm not sure how long it will get it to be renewed in India. I'm planning to be in India for three weeks. Thanks again.





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  • augustus
    05-12 09:18 AM
    Dear All,

    Could you please advise, if we can port eb3 to eb2.

    My husband is working for the same employer for last 6 years. He has masters degree from US and he filed for his GC in 2004. In 2004, he had only 1 year experience. The lawyer said he does not qualify for Eb2 despite his US degree.

    Now after 6 years, he had a job change within his company. He became a principal engineer from just an engineer. Could we port to EB2?

    If yes, what should we be careful about and how should we go about it?

    Sincerely,
    Augustus



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  • deepimpact
    09-18 08:53 PM
    that is the part of the problem...... uscis has never provided correct and complete size of the backlog..... if backlog size were to be 190,000 then the dates should get current in all of the eb1, eb2 and eb3 categories in around 1 year.... how many here expect the dates to be current for all categories in around 1 year? probably close to zero.... nevertheless, most people think that the size of the backlog is equal to the number of applicants ahead of them..... which is to say that those ahead in line for each one of us is the cause of the backlog and not part of the backlog.... and those behind us do not deserve to be counted with us..... perhaps they should just wait period...... this is the formula most people here seem to use to derive at the size of the backlog.... hence difference versions and different numbers for the size of the backlog.....

    USCIS admits to a backlog of 190K but most are in EB2-I/C and EB3 with a PD earlier than Aug 2007. No one knows how many people are waiting in these categories with approved I-140s from Aug2007-Sep2010. It could be another 150-200K. S0 even if the backlog is not 800K, but its around 400K.





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  • theMan
    05-24 01:04 PM
    Only last week I saw an article that said something to the effect that " Want US GC, get Masters". At that time, we all laughed at how these reports are compiled and brushed them off as tabloids.
    Unfortunately , this time IV has got the right message and the publicity, but how will an average reader decide which article is saying the truth. People will understand/interpret the news the way their minds wants it to be , regardless of what the absolute truth is.

    Regardless , a step in the positive direction for us





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  • BharatPremi
    12-05 12:22 PM
    Me too! Citizen of India.

    :)





    tiger05
    03-01 07:45 PM
    Hi Rocky,

    Thanks for your reply

    Ya I was on unpaid vacation and 2006 was my first year. I will discuss with my attorney also.





    ca_immigrant
    06-15 05:47 PM
    Now they have all cases almost pre adjucted and must have entered information into some sort of computer system . can we put pressure to get information based on PD and country of origin so we can idea about wait and also we can show to congress man.

    Pre adjucted is so misleading a term.....as someone else pointed out earlier in another thread.....pre adjucted does not necessarily mean you are all set to go, the moment visa becomes available you will be given one without any questions...

    when the visa becomes available (10 years down the lane), we will then send out an RFE (if we choose) asking you for employment verification....and a "few" other things -:)

    so what is pre adjucted.......:rolleyes:



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