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  • peacock
    07-19 10:33 AM
    You can skip skin test and just straight away get a Xray done.
    Also if its not possible to come here before Aug 15th ,then it will be very useful if she carries her titre's of all the required immunisations from an uscis certified physician in India and shows it to the civil surgeon here. Talk to the civil surgeon in person here and check with him if he will be willing to accept lab results from India .

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  • meridiani.planum
    07-19 07:16 PM
    1.Apply for new H1 petition(premium processing) for you before July 31.
    2.On approval send the H1 papers to your wife so that she can get H4.
    3. On her entry to USA apply for her I-485.

    Then you can live happily together in america.

    P.S: Even when you have used AC21, in hindsight you should have got H1B instead of using EAD.

    this is a good response, seconding it.

    To OP: Even if you moved to EAD you can come back to H1. If dates had not moved so much to make your PD current, what was your plan for your wife? B1/F1 is not a good idea (immigration intent is obvious, and it will catch up with you at some point most probably during 485 processing and could result in a rejection). It looks like H1-H4 is the best option if you two lovebirds want to be together.

    If you do get approved early, then as someone else has said, use follow-to-join to bring her back here.

    Also, using cruel in the thread title is uncalled for. The root cause of most of your problems here seems to be the decision to invoke AC-21 using EAD instead of using H1. If you dont mind sharing: why did you jump to EAD knowing that it would mean your wife would be out of status and would have to return to India?

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  • Lasantha
    05-11 03:06 PM
    - How has greencard changed your life after receiving it?
    A big weight off my shoulders. Much more freedom in getting new jobs. Easier to travel. Planning to buy a house finally!!!
    - What did you do on the day you received it?
    Went out with friends and just enjoyed the feeling of freedom
    -How did the long wait upset your life?
    The feeling of uncertanity was terrible. Had to put lots of stuff on hold, like buying a house.
    -How did immigrationvoice help you during this long wait?
    The forum on this web site was like a gem. Learnt a lot from the experiences of the others.
    - Would you like to continue your support to immigration voice and help others waiting?
    - Any advice for everyone?
    Don't give up but ALWAYS have a back up plan. If you are not interested in returning home, consider a second option like the Canadain PR status as plan B

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  • pkak
    11-21 11:15 AM
    If buying a house had been the smart option, I would have bought it already.
    Please see the attached XLS.
    BTW, independent analysts predict that housing prices will fall by 20% in real terms in next 10 years.

    All I am stating is that this issue can be a good talking point for the Immigration Lobby, especially as the housing market continues its slide down:)

    Since I could not upload the attachment, pasting the summary sheet.
    Note: I am still assuming that price of house will slightly appreciate for this calculation.
    ITEMS Amount

    House Information
    Buy Price of the house $300,000
    Property Tax (Yearly) 7000
    Additional utility and other costs 200

    Loan Information
    Down Payment 5%
    Mortgage cost (one time) 5500
    Rate 6.20%
    Fixed Term (In years) 30
    Monthly Mortgage Payment $1,745.54

    House Insurance Premiums
    Home Owners insurance (Monthly) 100
    PMI (Monthly) 185


    Tax rate 30%
    Standard Deduction $10,500
    Annual Property Appreciation/Depreciation rate 4.0%
    Value addition expected cost $0.00
    Value addition expected Benefit $0.00
    Number of months expected to stay 60
    House value at the end of stay period $366,299

    Sale of property transaction
    Selling Realtor Commission 6%
    Selling Cost $21,978
    Real estate transfer Cost $1,500
    Net gain/loss on the property $37,321

    Down Payment opportunity cost
    Cash rate 4.0%
    Amount lost $3,315

    Current Rental Info
    Current Rent $1,000.00
    Total rent over the period of stay $60,000.00

    Cash outflow net of principal and after tax benefits $104,189
    Standard Deduction Adjustment $15,750
    Results (Gain/Loss) $(25,933.34)


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  • map_boiler
    08-08 10:12 AM some other folks here have suggested would be to get F1 first, and then get married. Will need to move on the F1 quickly (since it is already August), especially if she needs to do TOEFL/GRE/GMAT. Might also need to postpone wedding by a few weeks. This seems like the best option.

    Congrats, and all the best!

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  • permfiling
    11-03 03:28 PM
    I agree with you as I spoke with a friend who got his USC. His company got sold off after he got his GC in 2 months so joined another company.


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  • lazycis
    02-28 12:51 PM
    I did not understand 'are not outside of processing time'. Can you please explain in detail.

    My other thought is for July 2007 485 filer, 180 days is already completed. Assume the namecheck started on Aug 2007....

    NSC is curretly processing EB I-485 cases filed before July 30, 2007. TSC - cases filed before April 10, 2007. So according to the USCIS policy: "If at any point your case should become more than 30 days outside our normal processing time, and you haven't received a written decision or update from us within the last 60 days, you can help us by calling customer service and letting us know. We will research your case, see what needs to be done to get it processed, and get back to you with an explanation."
    I.e. NSC cases filed before July 1st are considered outside of processing time. The USCIS explains it in the latest name check FAQ posted today.

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  • gc_buddy
    07-27 01:37 PM
    E-filed EAD on : 06/19
    Reciepts recd on 06/26
    Finger print recd on 07/01 for date of 07/11
    Card Production Ordered status : 07/25
    Awaiting the EAD card..


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  • gcdreamer05
    07-31 11:12 AM
    Hi sanbaj should the 485 RD become current or the PD should be current is enough to open the case ?

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  • dupedinjuly
    07-14 08:49 PM
    Bull's Eye. Please start a thread with this topic. This is a very valid point.
    I hope, Skil bill has the provision to lost recapture visa numbers. If the big news Monday benefits us in having AOS filed, then we are looking at recapturing visa numbers anyways.
    Why not lobby for it ? If Dream Act can pass as ammendment in Defense Policy Act, why not SKIL Bill ?

    If they can attach Dream Act as an amendment to the Defence policy Act why cannot they attach SKILL to the same. That is the question we should be acting on.

    I think expecting Sen. Cornyn to do something now is kind of remote. He is going to be facing elections soon in 08. May be Cantwell is the one to do it.

    What do you guys think?


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  • pete
    12-13 03:49 PM
    The amount of lying and fraud that goes on in this process amazes. All under the cover of "legal"! There are compnaies doing this kind of utter crap and getting away with it.

    I will tell you my story:

    I am EB2. Physician now doing residency in Surgery. In Sept 2004 the University started my GC process and the lawyer went the full 9 yards.... to get my LC application in around the time PERM started. In fact my research job was on for nearly a year. They weeded through so many applicants ( actually interviewed them!).

    The program even paid my fees at 960 dollars a credit for PhD ( the plan was I get PhD as well and they would pay for it until I get Work permit). On H1B I could not be a full time PhD candidate. Thanks to retrogression I could not go ahead with that plan and the program spent thousands. I have had many presentations, papers both in the country and Europe.

    I started residency so did my wife and we are waiting for this thing to work out. But we have seen so many of these "career GC applicants" jump the line and get ahead. If we are to argue about contributions made by Indians in science and technology how can we tyurn a blind eye to BS of this type. Where are hard working folks who play by the rules to go when peaple jump lines. It is bad as it is and gets worst by the day.

    I dont want some half assed explanation that this is "legal". It ought to be stopped and that guy has to start at the back of the line. the full IV thing surprises me. They ought to take action on this .. atleast to prove they are serious about being honest and good and whatever else we claim to be.

    thats all!!

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  • bobyal
    05-12 11:39 AM

    Reality is DREAM act is directly connected to HISPANIC votes for Democrats, EB community doesnt have any VOTING rights, neither they get any support from the folks who are already GC/UScitizenship holders.

    Once people are out of this GC mess, they all start talking about anti immigration and that's the reality, u go to any indian community around and see how much support you have from those folks who have GC/US citizenship.

    That brings a new point for IV leadership. In line with HISPANIC movement, can we take/seek help from various associations of India/China like the ones in link Indian Associations in the US : NRI Desi Associations in USA : India Social, Cultural, Religious Organisations (


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  • gc28262
    03-11 10:20 PM
    Consulate officers and immigration officers at port of entry are two different categories including their education background, training etc...dont compare them. Consulate officers are first line of defence which has to be good at detecting problems.

    I have no interest in your employment setup...question is -Are you paid while you are on vacation or [off project and still in this country]. And Whether that would be treated as valid employment for H1 candidate by the book of law.

    If employees are not reporting fraud commited by employer because the employee want to come to US..then they are party to the fraud and hence Consulate are trying to ensure that valid employments are allowed.

    If they have comeup with some requirements it would have been based on analysis of fraud reported by USCIS's H1B program itself + ICS raids + others.....

    If the H1 petition says your annual salary is X and your W2 show less than that how do you explain it? It implies either your were out of work or paid-less than promised which implies that there is a potential of employer committing a fraud....

    with me?

    Are any of these happening with you ? If so report to USCIS.
    If not, why do you assume it happens with others.
    Does it make you feel better ? Or are you a follower of Mahatma Gandhi/Mother Teresa that you earn justice to be done to others not you ?

    I know the motivation behind your arguments. Do I need to mention it ? everyone on this forum understands that.

    Don't be so selfish.

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  • paskal
    12-20 11:41 PM

    both Rajiv Khanna and Shusterman have fought these kinds of high profile cases
    wonder if they might be interested in something like this.......


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  • bluekayal
    07-13 03:28 PM
    Congratulations Dinesh Sharma. I had Sch A II - that got retrogressed -- and now job loss, so I am stuck. But I am happy for you. All the best.

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  • decastod
    05-15 01:12 PM

    This is a very good news that I have heard since last July. I am not sure if MBA's will also be condidered as part of this bill. I have paid around $90 K from my pocket, to get my MBA from Duke.

    If that is the case then I would recommend that anyone who has any kind of support from their employer (or even without it) should get a masters degree as soon as possible. This will not only increase our value but will also shorten the queue.... just my 2 cents.


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  • prince40
    04-14 06:15 PM
    i hope these desi consultants r all banned and deported

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  • wahwah
    06-05 04:07 PM
    well this memo is taking it one step further than the last memo -

    it is saying that the I-140 must be approved before determining portability. which means most likely if you file for portability and your 140 has not been approved then USCIS will be forced to look at your 140 petition and approve it.

    I guess it is the same thing as earlier memo. They are saying that merely 180 days have passed since filing does not provide AC21 benefit. To determine AC21 benefit the petiton must be approved. So based on earlier memo, USCIS would see whther petiton can be approved. If yes then they will evaluate AC21. If not, then you got a problem.

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  • Gravitation
    12-13 01:02 PM
    Hi Gravitation,

    How do you know this? Can you please elaborate.

    Hi Vicky,

    Here's a thread that discusses this:


    08-28 09:59 AM
    My wife and I will be flying from Los Angeles. I am already working extra hours to take 2 days off. It will be once in a lifetime opportunity to raise our voice in DC and meet lawmakers.

    Buck up other states..

    07-19 05:09 PM
    Q : Must an H-1B alien be working at all times?

    As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.
    Check this. D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD
    As long as the employer/employee relationship exists, nobody can't do anything. This is for sure.
    It is not so easy.
    Please refer to these posts from UnitedNations on this :
    Honestly; uscis/dos don't care much for this. Maternity is a pretty good reason and is verifiable.

    Other then that; department of state; uscis don't care for it much. They have enough data on companies that if it happened to a person in one quarter then ok. However, if there are a number of people who fit the profile then it gives less credibility.

    I'll give you an example: DOL comes to investigate a particular person whom DOS has referred. Now; they go through the whole list of people (they actually do this); and see that every person who arrived into the country was on bench for three less credibility to the person's argument.

    Not a legal advice.

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