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hi,
I came to US 5 years back in H4. My husband processed GC and 140 is cleared and 485 pending. I got my EAD and now working. My husband and I have problems and he is threatening to ruin my life.
Can I know a few things
1. Can he take me out of the GC ?
2. Can he revoke my EAD ?
3. Can my employee extend my EAD which is expiring in 2010 and continue my GC.
please help...

If you are on a H4, you can be taken out of the pending 485 if you go through a divorce.

1. Possibly can with a divorce.
2. #1, can be considered automatically revoked if divorced.
3. No

Bump ^^^^

Keep pledging. We need to make this happen.

I work as a software engineer in India and the US branch of my company has filed a L1-B petition by September 2008. The petition got denied by Nov 18, 2008 stating that I don't possess "specialized knowledge". Knowing that I am the only person who possesses knowledge of one of the company's product, we filed an appeal to re-consider by Dec 18, 2008.

The USCIS moved the case to AAO by Feb 9, 2009. After which there is no status change. The status of the case as reported by the USCIS web site is:

Application Type: I290B, NOTICE OF APPEAL TO THE COMMISSIONER

Current Status: Appeal/Motion/Certification sent to Administrative Appeals Office for review.


Two months have passed by and I don't know how much more time it is going to take. Can someone please tell me how long this process is going to take?

Should we just withdraw this appeal and re-file again? In the meantime can I opt a B1 and work there a few months until the L1-B is approved?

If your resume portraits a product customization or support then in the USCIS eyes, you do not posses specialized skills.... Additionally, The initial evidence (including resume) that your company has submitted is not sufficient enough to prove that you posses that specialized skills. Your company also has a base in the US so the availability of US worker in the same skill is very much possible with in the company - Hence, USCIS denied your L1. IMHO, your appeal may not be fruitful....

Thank you, since it was something where the form was wrong, I have asked my attorney to respond, will post what he suggests, I just feel terrible that the onus is on us for not checking that USCIS. After all these years of wait, how can I over look this?

Totally agree with you. However, I have been complaining abt a similar company to my local INS office for over one year now (sending letters every other month) , but to no avail. Where do we complain?

It is more a matter related to Department of Labor than USCIS.

I don't live in the tri-state...

I have my W-2's from 99 and 00 so no need to call the University.

What I dont have is the actual return (1040nr) which I "mailed" at that time.

Who in the world makes copies of a tax form that was actually mailed. Oh, and kept it for 9 years!!!

For some reason, they picked on your case. This is really absurd that they are asking for 9 years old tax returns.

As some others have mentioned, I would recommend the same... consult with a good immigration attorney. Experienced immigration attorneys like Murthy, Rajiv Khanna or Matthew Oh probably have experience in dealing with these kind of situations. They should be able to give you better advice what to do.

and years too...I am talking about cases with india-2004-PD only.

EB3 to EB2 porting, we can worry less about that. these cases needs quite a research. and USCIS capabilities in that area are open for debate....they look for low hanging fruits(read as straight-forward cases) which are easy to be approved...

this guy is a fake. busted.

Hey
Thanks for responding to my question.Many thanks
Here is the Sequence of events :
Joined company 1
<>Labor filed in Nov 2005 under EB2 and approved
<>-I-140 Approved somewhere Aug 06
<> I then left Company 1 and joined a multi national IT Giant in India - Infosy. Joined Info - Jan 07 in India . BUT I was in good terms with Company 1
<>Came back to USA , as Infosys Employee around Sep 07 on B1 visa from India for 3 months . Went back to India.
<>Rejoined Company 1 ( my Original Company ) in Jan 08 ( Petition approved) . Got visa stamp around June 08 and entered US. Got Project Aug 08 and since then on project till date.
<> While on project Aug 08 I apply for I485 as my category EB2 became current. Got my FP done.
Then Around Nov 08 I got EAD and AP papers. So I have an EAD and AP

My Q's are
<> I heard that EB2 is retrogressing to 2000 for India . Now does not apply to folks whose LC and I140 Is approved or only for those who are stuck up at I140 Stage.
Please clarify on this. If I am in a stage where I am expecting my GC and already for EAD does it apply to me
<> What is a VISA Number. There is an A# Number on MY EAD and that same number shows up on AP Document ( I512-L Authorization for parole ) . Is this the same as an Immigrant Visa # or that is something that issues when I am granted my GC.
<> 6 months have passed since I got my EAD. If I join a new Employer and start using this EAD , can I renew it infinitely, till I get GC . What if My Visa is Not valid and I travel out of US to India solely on EAD? What happens then ? is there a chance that at port of entry my entry is denied based on my immigrant future intentions? I know on paper EAD gives you right to travel BUT is this a genuine risk of not being allowed at PO Entry
<> On the other hand - lets say I KEEP my EAD and not use it at all till my H1 expires . Then ,CAN I STILL BY ON H1 AND KEEP RENEWING MY EAD OR SINCE I NEVER USED IT IN PAST , IT IS MIGHT REJECT FOR RENEWAL.

I just dont know know with all this EB2 retrogression what is the best plan of action.
MANY Thanks Again
Sam

As I am going for a H1 Visa renewal, I am not having an attorney.

Could someone please provide me a template.

Thanks,
Sangeetha K

Get your degree evaluated by WES http://www.wes.org. or http://www.trustfortecorp.com/cou_evaluations.html

They will do a course by course evaluation and will let you know if your degree is equivalent to 4 year US degree. I am not sure if they will evaluate aptech one but try it out. Keep this copy with you and incase you get a RFE, answer it with this report. There is high chances that it will be approved.

I am surprised how your attorney did not do this before submitting the application.

GOOD luck

My company giving copies only!!!They said they'll send me originals if I need them!!!

Gurus,
One more confusion, guess I'm confused a lot now:confused:

Can I apply I-485 for my wife whose change of status application from H1 to H4 is pending with CIS?

Thanks a lot!

My friend while leaving US he did not surrender the I-94 card. Actually he forgot it at home and the airlines allowed him to board plane without surrendering I-94. What should he do now? Guru's does any one have any experience with such situation? Please help


He needs to send it to the USCIS office in kentucky. you can google and get the address.

I dont want your colour to change but media keeps writing stuff,i guess we are intelligent enough to make our informed judgements.
I do respect your view if you hold that as per your own judgement but I feel the time calls for teaming up with President rather than going after him.
This will do us good I guess.Rest, its your color,you can decide which one you want to wear:)

I was issued a license based on my EAD expiration date. Same for my wife. We went back to DMV to get license extended based on I 94 expiry date. My I94 expiry date was different than ED expiration date as the customs gave expiry date which is 1 year later than EAD expriation date. I asked the customs officer why the date was different than my EAD date. He told my stay was valid till my I94 expiry date.
Anyways, IOWA DMV extended our license based on I94 date and we came back happy to know that we shall not have to walk in -30F to fetch our grocery as we wait to get our renewed EAD..

regardss

Seriously, who cares that Andhra bagged 7 ranks. How on earth is it relevant to the discussion going on here? Plus this isn't a forum for Indians only(and I'm Indian).

Stop posting these nonsense, amateur messages.

You are here since 2007 and never posted. Now on this thread you felt the need to post?

Why do you dislike people from Andhra?Its just a good news. Most immigrant people here are from Andhra and they like this news. I also posted in 'interesting topics'. So it is relevant.

Dear folks,

I tried to help your mission. I offered my talent, time, and my experience of delivering messages.
Written to the forum and called in several times, was promised to get a call back.
And was not contacted, nor called.

And here is my message for you:
You do not care about immigration reform - you care about your own green cards. You care ONLY about daisy consultants, such as yourselves, and you are not ready to address issues at large.
You do not speak on behalf of me, nor you speak on behalf of the mainstream any employment based immigrant.

Best of luck.

Hey guys. Please help me. for the first time I am posting a question.
All my details are in this thread.
"http://immigrationvoice.org/forum/ac21-portability-after-180-days-485-filing/11341-did-anyone-actually-use-ac21-11.html#post420955"

Now after AC21 - Two RFEs on that - gap in EAD I have received a notice for initial interview. It basically says: -
Who should come with you?
if the petition is based on your marriage, your petitioner spouse.
if the petition is based on parental relationship, your sponsoring parents or child.

What should you bring with you.

All EADs, Travel documents, all I-94s etc.
Originals and copies of All the supporting documentation submitted with the application.
Birth certificates.
Letter from current employer and last IT returns.

We have not received any notice for my wife. There is no LUD on any case for last one month. And the case is at national benefits Center, interview in Atlanta. I am just confused. What does this mean? What is meant by all supporting documentation submitted with the application?
I am completely confused, worried and getting tense. Can anyone throw some light on this please????????????????
__________________________________________________ ________________
Donation to IV $1000+ so far.

I think they are talking about the number of receipts that were issued in September, not the number of AOS filings.

why more filers in Sept than June? I thought most PDs were better in June than in Sept...

Is this RFE on your pending 485? What service center is this at? TSC or NSC.

Also what you can do is request IRS transcripts for year 1999-2000 if you cannot find the returns.

hello reno john,
The thread was not deleted but shifted and clubbed with others on the same subject.
http://immigrationvoice.org/forum/showthread.php?t=4890&page=7

If each member starts a new thread on the same subject it gets confusing. And we have stated it several times in the past urging members not to start new threads, just to ask questions to the core. Imagine what will happen if each member starts a new thread with questions to Core. If you have specific questions for us, send us an email or PM. If you want to discuss something, then post in the relavent discussion threads. We are trying our best to manage all the threads and information so that it is easy for our members. Thanks