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friends,

We are in a process of divorce . Last year I filed employment based 485 with my wife as depended. Now we both have EAD and she is working under EAD. If we divorce while 485 is pending who go out of status? Me or my wife? Is both 485 will be canceled? Or both are safe. If I marry again is it possible to bring my new wife under my filed 485 petition?

Thanks for your help.
balan
I485 Filed on July 2, 2007.

Though it is not of my concern - I see that you want to file a divorce with your current spouse and then remarry another person - while I don't know your personal specific situation - I would suggest that you must try and work it out with your current spouse

I see a lot of divorce cases these days among the immigrant community and when we look into it further - many cases divorces could have been avoided if spouses were more accomodating.

Once again - I have written this with a good intent. Please do niot shoot me down. Admins can delete my post if needed.

I saw something like April 30th of this year. Please post your comments opposing this fee increase.

Spread the word about this campaign with ure friends,colleagues, lets 'DOS proof' our future :-)

Yesterday, I received one more appointment notice for a different day (one day after the original appointment). This is in addition to the appointment notice that I had received earlier.

Has this happened to anybody before? Is it just a mistake on the part of USCIS? I am planning on going there as per the first notice.

Any ideas from anybody?

What is the status of this bill ? Anyone?

Is Sen Cornyn's amendment to this bill still considered ?

Nothing about this bill has comeup during the last few days.......

We all saw SLUDs shortly after the day we received notice, as I metioned I got receipt on April 27tha dn last SLUD was April 30th,....sinc ethen nothing

however most people got their EADs already so they might just enjoy sitting on mine who knows sigh...

good luck and dont expect any LUDs until they actually send you something :-)

Appu:

What do you mean by "Both TB Test"? Did you mean skin test and X-ray? If so, is X-ray mandatory? I thought X-ray was optional depending on what the test result of the skin test. In other words, you don't have to have a X-ray if the skin test was negative. Would you please clarify.

1) Did you both get TB tested? The rules have changed. This is the most common cause for an RFE on medical exam.

2) Is she on any medication? Sometimes this requires a certificate from the prescribing physician. No big deal

Overall, there is probably no cause to worry about this. In fact, this could mean you are close to being approved. Same thing happened to me (see my history in my sig line).

I just received a confirmation email that I485 of my wife got approved just a couple of days back. But I myself have not received anything. Its kind of weird because she was my dependent and I was the primary applicant.

Can somebody please suggest if they have seen something like this before ?Do I need to do anything ?

...if you want...i'll post here..

Great find..

Please post all news related info here http://immigrationvoice.org/forum/showthread.php?t=4805&highlight=media

We have taken indian jewellary with us when we travelled to India. I dont think it is a problem and you dont have to declare it in customs. I think if you are carrying cold in the form on coins or bars, you will have to pay customs. I dont remember but it says in the customs form that personal jewellary need not be mentioned. I would check the india's customs website.

I never knew this....:D

My case is already at the embassy since march 2007? Not sure when they schedule interview ?does anyone know the time lines.

Did you check the Embassy website? They post the interview dates for all the applicants scheduled for the following month. You can email them or call them and I am sure they will respond.

AFAIK, as long as the core duties mentioned in the LC don't change considerably (by more than 50%), the company can promote you anytime.

They are not going to help resolve issues of backlogs, delays in processing and visa numbers for employment based GCs.
Clearly, these counter-protesters are doing them under the gard of supporting legal immigrants. My advise - ignore them and don't post or start new threads here. Instead write letters to editors clearly drawing their attention to issues facing legal employment based immigrants.

I browsed the link provided and nowhere it is mentioned about specific issues of legal immigrants.

Suggest folks write back personal stories and ask the editor to highlight the need to raise Legal Immigration issues.. the writer has clearly expressed how the legal immigrants needs to be given consideration : Contact Jessie Mangaliman at jmangaliman@mercurynews. com or (408) 920-5794.

They are organising a counter protest against Illegal Immigrants rally :

Amnesty foes respond

http://www.mercurynews.com/mld/mercurynews/news/special_packages/immigration_debate/14488543.htm

Just contributed $20 ..

Will do monthly all through the year 2007.

Visa stamping interview --> Feb 8th
Was asked to submit technical questionnaire and other documents as per 221g which I did
Received email confirmation that they have "received" the documents and sending it to DOS for further processing and will email me in sometime

After waiting for one month and no sign of the elusive email, I flew in to LAX and used my Advanced Parole successfully. I had not cancelled my pending H1B application.
The POE officer was very polite unlike the officer at the Mumbai consulate. They didn't ask me even "one" question about my pending h1B application or the H1b in general, had to wait in the secondary inspection room while they looked up my information. Was out in 20-25 mins.
When I asked the POE officer what happens to the H1, he said it gets void. But as per earlier INS memos(Cronin Memo) and threads on forums, this is not the case right ? although I didn't start a discussion on this with him, because I didn't want to confuse him. My I-94 has AOS written on it which probably puts me in a Parolee status.

Now my question is:
---------------------------------------
I really would like to get back on the H1 status, so when the email arrives from Mumbai, does anyone know if its possible to withdraw the application .
Then arrange for the h1B visa stamping interview at say Tijuana, Mexico which is 2 hours drive from where I live. Wouldn't I be in the PIMS system now (since I would have received the email from the mum consulate) and make the stamping faster at the regular timelines. I have my multiple entry AP as backup, so I can be back if I need to.
I'd really appreciate if anyone can shed any light on this, I really hate to work on my EAD and would like to continue on the H1 as a backup for my entire family's sake.

What you did was technically , not an appropriate step. It is clearly mentioned on AP that it is not intended to circumvent the visa process and this is exactly what you did. Either you should travel on AP OR apply for visa and wait for the visa. One of my friends did this and POE was not happy with it. So one should use AP very carefully.

I am getting promoted to a manager's position. This postion requires the same technical knowledge and has the same job resposibilities. Apart from this, it has people management responsibilities. My lawyer said that since it is in the same devision and just added responsibilities it is fine. We just have to put the new position while applying for the next H1B.

It is not clear from the previous posts if this is a problem.

Being project lead and going to managing projects can be considerred as gradual change by someone or complete different job by another.

My question is since GC is for the future job why should it matter what the current job is so long it is in the similar technology area or part of the company.
I have done the same i got promoted to manager within same divison and same responsibilities with added resposnibilities. The lawyer said it is OK because the job responsbilities are same. Adding new responsibilities does not hurt. About salary your salary at the time of i-140 filing should greater than or equal to the salary decsribed in LC application.

I don't know what "UNKNOWN" means. My wife is on her F1 (OPT). Same is the case with my friend. Both of our's says unknown.

TUnlimited: is your wife also on F1? I am about to call USCIS customer service on Monday.

Guys, please update if you know any more details about this.

No. My wife is H4. Call them and let us know what they said...

top if the administrators can make this thread sticky. :)

IV has really mobilized the EB immigrant community under one roof.

I guess there is an immediate need to spread the word about IV to all the folks affected by retrogression.

Prashant --- lol now that's scientific :D

prince_waiting: I couldn't agree with you more. Rather than fixing the problem this poll covers up the harsh truth that most American's are not upto the jobs that it's own society demands. Most people think that H1B candidates are brought in as cheap labor. Which is not the case, we all know that we get paid the same as any American in the same field, if not higher.

Mr. Dobbs has shot himself in the foot, yet once again.

I called Sen. Cornyn's office but got a recording, with no possibility to leave a message. Then I called Sen. Kennedy's office and the immigration counsel was on the floor but they had a person in charge taking messages for him and she took at and said she would deliver it to him. Let's keep at it!

How about making sure individuals do not get the original PD when they use labor substitution. This will stop illegal labor trade and help a lot of us.

An USCIS memo in mid 1990's had this:
The memo (priority dates retrogression) of Mr. Rajiv S.Khanna states that beneficiary of substituted labor certificate would get the same priority date.
I was just searching uscis.gov and I found this very interesting !
Now the question is: Who is wright?

Check this out!

d) Priority date. * * * If the United States employer substitutes another alien on a labor certification, the priority date shall be the date the employer requests the substitution.



" The Service has concluded that it is unfair to other aliens who seek to immigrate to the United States on employment-based petitions if the substituted alien gains the priority date of the original alien beneficiary, since those aliens would receive a later priority date than a substituted alien. Currently, in certain employment-based immigrant categories, such as the third preference "other worker" category, an alien who benefits from a labor certification substitution can immigrate ahead of another alien who has been waiting for an immigrant visa for several years. Not only would allowing substituted aliens to receive the earlier priority date be unfair to other intending immigrants, it would also be contrary to the Service's policy of assigning a priority date to the alien rather than to the employer (see 8 CFR 204.5(e)).



Providing a priority date based on an employer's substitution of a labor certification beneficiary also carries the potential for fraud and abuse. Continuing this practice may encourage the creation of a market for labor certifications, particularly in categories in which there is a lengthy wait to receive an immigrant visa. For instance, it is conceivable that the original alien beneficiary might be induced to engage in the fraudulent practice of selling his or her status as a labor certification beneficiary to a substituted alien.



The Service, therefore, proposes to set the priority date for an alien who has been substituted for another alien on a labor certification as the date the employer requested the substitution. This proposed rule will be fair to other aliens who apply under employment-based immigrant categories, and would be consistent with the Service's policy of according a priority date to the alien rather than to the employer, thereby eliminating an inducement to commit fraud.