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Sunday, June 12, 2011

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  • simple1
    05-11 06:49 PM

    Only if "if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section"

    In this case they are eligible for FB2A. So it nullifies that.

    again “respective subsection” is not referring to primary’s subsection.
    same status = parolee, denied etc.
    same order of consideration = PD order.
    respective subsection=the respective/related/corresponding subsection of derivative not the primary.

    This point was already discussed on member's and donor's thread with same subject.
    Member thread:
    Donor thread:

    This thread is for lawyer's thoughts. I appreciate you post your thoughts on the above member/donor threads and let us keep this thread for Attorney only.


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

    Not a legal advice
    US citizen of Indian origin

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  • paskal
    11-10 06:32 PM
    to everyone willing to contribute to the efforts
    please hold on, i will get back to you once the structure of the new work groups is finalized. remember to complete your profile!

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  • eb2_immigrant
    09-16 02:35 PM
    I would say go ahead with your plans, There is no risk at all. I got back from India 2 weeks ago,showed my AP (I was asked to join a seperate line for AP holders). Officer asked for my SSN# thats it.

    Do not wait for USCIS to make decisions.

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  • newlife2
    09-19 10:12 PM
    Guys, I was just laid off and have efiled i539 3 days after the termination date for a status change to F2. Now working on the application letter. Do you think I should mention the layoff in the letter?

    If I do mention it:

    Con: The layoff might quickly catch the eyes of the immigration officer and if he want to check my status, he could find out the 3 days OOS.

    Pro: My previous job was well paid. By mentioning it, I give the reason that why I want to stay at home as F2 instead of keeping the well paid job.

    I guess I will mention it in the letter to explain the whole situation and hope everything will be all right. Let me know if anybody disagrees asap, I will mail out the stuff with in next two days.


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  • gcformeornot
    08-23 11:11 AM
    "Anything that can possibly go wrong Does"

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  • kumar1
    07-31 01:59 PM
    Both same employer

    What will happen if everything is same but employers are different? Please shed some light.


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  • smsthss
    12-18 05:59 PM
    I also got 2 soft LUD'S on both mine and my wife's 485. First LUD on 12/15 and second on 12/18. But the case status remains the same "This case is now pending at the office to which it was transferred". My I-140 got approved on dec 6th. Seems like some kind of update is being done on I-485's. Might be FP notices as i have not received my FP notice yet. Not sure..Anybody seen the same pattern ??

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  • bsbawa10
    07-11 10:13 PM
    Did not want to go off topic but I was just wondering why this thread is not on "Donor Forum". In other words I was thinking what goes in Donor forum and what does not and how is that decision made. Also does anybody think that donor forum is mis-named. Donor is the one who just donates and does not get anything special back. These should be called "Paid Services". What do you think ?


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  • gandalf_gray
    06-02 10:27 AM
    It does seem that you will be out of status in the interim period. Can you go to your country on a vacation, come back on H1 and start your new job afresh?. If you can then I suggest you do that, if not I suggest you consult an attorney.

    NKR, thanks . I am considering that option.
    Can you please tell if I do the L1 Extension, will it NEGATE the approved H1 ?

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  • gcnirvana
    06-15 12:43 AM
    My employer advises me to be on H1B because of the uncertainity that comes with EAD. But I told him that my wife needs an EAD so that she can work. He said she can get one and I can be on H1. Is it possible? Also, I think I shud also get an EAD so that I am free to move around. But I don't wanna be blunt on the face and blow it all up. How would I make him understand/persuade and make him file my EAD and AP?

    As always, appreciate all your help :)


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  • sudhirvallam
    10-24 06:39 PM
    The below memo from USCIS clearly states that your H1B will be valid if you use EAD for secondary job.

    2. If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based on their application for adjustment of status but does not use it to obtain employment, is the alien still maintaining his/her nonimmigrant status?

    Yes. The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, an H-I or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer.

    Amended INS Memo on H/Ls Traveling on Advance Parole, U.S. Immigration, Law Offices of Carl Shusterman (

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  • krishnam70
    07-18 01:53 PM
    It's a free country and everyone, including Lou Dobbs have a right to voice their opinion - boycotts will not serve any purpose.

    If you feel so passionately about it, here's what I suggest. Create a blog/website and every single day after his program, post an article pointing out factual inaccuracies in Lou's reports and views. If you don't want to watch the program, then CNN publishes a transcript a couple of hours later - follow that.

    It's hard work but believe me - do it consistently and do it well and you will see that it will work.

    Best of luck and post the address of your site/blog here should you decide to do it.

    Here is the blog created for talking about Lou Dobbs. I will start digging up material and posting to this site.. please feel free to start blogging there
    lets take it up to him



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  • valatharv
    07-16 01:28 PM
    Thank you so much for support...

    It has been 11 months since they have received response to RFE, I am planning to take info-pass at Boston office next week and would try to contact senator.
    I have heard that it helps.

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  • snathan
    09-02 10:41 AM
    Thanks GCDreamer and sbmallik.
    Are you saying that an H4 visa holder cannot work online for an Indian co. and earn Indian income while residing in the US?

    on H4, you can do only volunteer work without pay. Other than that you sleep or sit idle/watch TV.


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  • amitjoey
    04-16 04:05 PM
    Yes! I am guessing you can get a refund. Ask for a refund. Why NOT?

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  • razis123
    12-27 11:37 AM
    what if i want to join a company(like Teksystems,GCI,etc,...) on an hourly basis on their W2.What will be my status when an assignment is over and i have to search for another project.


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  • GKBest
    10-30 05:26 PM
    We recieved EADs 3 weeks back and I am planning to apply SSN for my wife and kid.

    Can anyone let me know what documents are required to show up at SSN office while applying SSN.


    If it is the first time, they might ask for a birth certificate

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  • Jerrome
    05-21 01:48 PM
    Dude you are asking for advise on your own RFE but advising others on their RFEs. I dont get it.

    I know answer for his RFE and i don't know answer for my RFE? Is that a problem?

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  • karl65
    10-27 08:46 AM
    I got the same response about AP (same RD), approved Oct 17, not received yet.

    Please let us know if you receive it. Good luck.

    My and my family's APs were approved on Oct 03 (Date issued-according to the NOAs) I received email of approval on Oct 22 and my lawyer received the notification on Oct 25. So be pacient, yours is coming soon.

    Good Luck:):):)

    07-26 12:50 PM
    You can change the address of you I-485 application online at

    I have done this when i moved at the end of May. I also recieved a confirmation mail that the address on my application has changed.

    Hope that helps!

    Along with changing your address online for I-485, it would be a good idea to send an AR-11 form and also call them and confirm all is well.

    May 21st, 2007, 05:30 PM
    Another option... is a soft brush designed for the purpose...

    I'm leery of brushes because of the fibers. I have gotten brush fibers into the sensor cavity before and they are a bear to get back out...

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