Monday, June 27, 2011

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  • desi3933
    06-10 04:53 PM
    Hello Attorney,
    .......
    .......
    What quota do dependents of Employment based AOS(I-485) LEGALLY fall into - is it the EB quota or FB quota?

    If incorrectly classified? Is there any legal option this mis-classification be corrected?

    Thanks a lot in advance for your time.


    It is 30 days since the posting of this question, and not a single reply from any attorney.

    Let me repeat my understanding on this question -

    ----------------------------------------------------------------------
    INA 203(d) Treatment of family members

    A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 1101(b)(1) of this title shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section, be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.

    This means that if the primary beneficiary is using visa number from EB(2) classification then dependent(s) will also be using the same classification as primary beneficiary (i.e. EB(2) in this example).
    --------------------------------------------------------------

    Have a good day!


    ______________________
    Not a legal advice
    US citizen of Indian origin




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  • reverendflash
    10-21 02:22 AM
    in a round about way, I'm a deadhead went to 23 shows in 16 months, backstage for 19 of them, kinda hard not to be at that point...

    ::crosses legs, goes into meditative state::

    and yes, that was my first attempt at freehand drawing (albeit on sugar), and when I had my artistic epiphany... :P

    Rev:elderly:




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  • njboy
    07-26 11:22 AM
    sky..definetly wait..they are going to introduce i140 premium processing for eb3 next month, and for eb2 maybe a month later. then for 1000 bucks you can have your i140 cleared ..(there is a good possibility it will clear by itself before that)




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  • parablergh
    08-31 07:55 PM
    Cant i use the I 94 attached to my 797 document.Will it not solve my problem.

    Unfortunately the 'last action rule' takes precedence over your I-797 approval notice. You will need to either visit a CBP Deferred Inspection office to have this corrected, travel abroad and reenter using the new I-797, or file for another extension.

    Next time you travel, don't show BOTH I-797 approval notices. You should have just presented the new document along with your visa stamp and valid passport.



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  • ski_dude12
    08-10 11:43 AM
    Do you think USCIS cares who pays for it or where someone lives as long as the check goes through?




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  • thomachan72
    10-04 01:29 PM
    Is it advisable to put in a big % of your income into the retirement account. There seems to be a nearly 30% early withdrawal loss if you ever were to pull money early out of that prior to 60 years of age. So basically your own money will be lost.
    Any ideas on this issue? It is not that I am planning to withdraw early but just for information purpose.



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  • supreet
    06-07 04:42 PM
    Hi Surpreet,

    Did you explore more on ARRA? Is it OK to take that benifit during AOS?

    Thanks
    Hi Dhundhun,

    Sorry for my late response. After thinking long and hard, I have actually taken ARRA for my health insurance. I have decided not to go for Unemplyment. I read about a specific case somewhere online where an applicant got a RFE on his 485 after applying for unemployement. I am not sure if RFE was because of unemployement, but on that forum a lot of people suspected that applying for umpl could be one of the reasons.
    For me, I was really running out of options, without ARRA, health insurance would have costed me over $1500 so I went for it.

    Thanks




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  • desi3933
    06-10 04:53 PM
    Hello Attorney,
    .......
    .......
    What quota do dependents of Employment based AOS(I-485) LEGALLY fall into - is it the EB quota or FB quota?

    If incorrectly classified? Is there any legal option this mis-classification be corrected?

    Thanks a lot in advance for your time.


    It is 30 days since the posting of this question, and not a single reply from any attorney.

    Let me repeat my understanding on this question -

    ----------------------------------------------------------------------
    INA 203(d) Treatment of family members

    A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 1101(b)(1) of this title shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section, be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.

    This means that if the primary beneficiary is using visa number from EB(2) classification then dependent(s) will also be using the same classification as primary beneficiary (i.e. EB(2) in this example).
    --------------------------------------------------------------

    Have a good day!


    ______________________
    Not a legal advice
    US citizen of Indian origin



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  • cool_cat
    09-28 09:13 PM
    My I-485 application has been received by TSC on July 2nd. I have not received anything yet. My check is also not cashed. Is there anyone who applied on the same date and did not get his RN yet.
    Thanks,




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  • pachai_attai
    08-17 07:58 AM
    sajimm, I was in similar situation like yours. During Dec 2004, Our doctor directly took xray test instead of TB skin test. Thats the reason I got NOID on 07/20/07.
    I submitted my new 693 along with new TB skin test result and the case processing resumes on 08/15. The LUD is changing every day after that.



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  • arrarrgee
    07-18 10:40 AM
    Diggggggedddd :D

    Dugg!:)




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  • ilovestirfries
    09-27 08:07 PM
    Wowww...There were 34 views without a single reply.. :confused:

    There isn't anybody who concurs/disagrees with my situation? Its amazing how these discussion boards work...:mad:



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  • casinoroyale
    02-06 09:11 PM
    >IS ADMIN PROC DIFFERENT FROM ADD ADMIN PROC ???

    No. Its all the same 221(g) or Administrative Processing.




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  • johnggberg
    08-10 12:55 PM
    close this thread please



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  • starseed
    08-20 08:50 PM
    Let us know what you find out from your subsequent calls or infopass appointments.

    See my most recent and related post here http://immigrationvoice.org/forum/forum77-work-travel-options-after-485-h1-versus-ead-ap/394381-ead-approved-for-only-1-year.html




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  • somegchuh
    10-30 05:17 PM
    [Apologies for the cross-post]
    Since there are lot of ppl here who have had EAD/AP for years ...
    Do you know if USCIS lets you petition for renewal of EAD/AP only 4 months before expiry? Our legal assistant says that they can not apply for renewal until its 4 months to expiry. I was under the impression that we could apply six months in advance. Can someone post a USCIS link that provides a definitive answer?

    Thanks



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  • coolmanasip
    07-19 09:51 AM
    GURUs cna u reply when you get a chance!




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  • nlssubbu
    05-19 01:08 PM
    In the similar boat.. I received sms/email on 13th that 485 has been approved but have not received any welcome/approval letter till date. I am on H1b. It has expired and I don't have Advance Parole also. I need to travel urgently in first week of June 2011. I was thinking of getting my H1b stamped during the trip, but since that's not possible what are my options???
    I called my lawyers office but really didn't get any sound reply... seems like that lost interest once I told them I am not filing EAD/AP and GC is approved

    Why don't you take an Info-Pass and check with an immigration officer? In case of GC approved but yet to be received at your end, there is a possibility that they can stamp your passport with temporary GC (I-551 i think) for urgent travel.

    Try your luck!

    Regards




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  • injrav
    03-25 01:51 PM
    gap between your company A exit date and the date they withdrew your I140?
    As per law,, they should not do it for 6 months old approved I140 ?




    averagedesi
    08-29 09:14 PM
    mate i am in the same boat as you. but I personally don't think anything can be done to change that. It is completely based on IO's judgement when approving application.

    There should be some basis for their judgement right? they just cannot make arbitrary decisions right? The thing is I am not sure what the procedure is when there are issues with the EAD. I am apprehensive to return my EAD for USCIS to make the correction as it expires in 3 weeks




    NIW
    08-30 05:33 PM
    We all sincerely appreciate your support & generosity. Keep us updating on immigration news.

    Thanks
    Srikanth
    P.S: I can't donate for IV at this time as I have promised $350/month to a charity org. But I surely will in future.



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