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  • unitednations
    07-08 10:41 AM
    Hi,
    I applied for GC under schedule A in may06 .My husband filed as derivative.He received a notice of intent to denial last month .Reason being he did not have paystubs for a period of more than 6 months during 2000 and 2001.His employer at that time did not pay him even after he worked for 4 months then he took few more months to change his company(more than 180 days)In 2002 he went to India and came back .and in 2004 filed for a GC as primary petitioner and me as a derivative .last year he withdrew the petition after he received several RFE`S fearing the worst.Even though he no longer has GC filed as primary petitioner he received notice of intent to deny for the petion filed through me saying that his H1 was not legal as could`nt show proof for several months and that when he filed for AOS he used those years as work experience.
    and now another problem is I applied for EAD in march and have not received new ead.my old ead expired 10 days ago.and now Iam not working.
    We bought a house last year thinking that under schedule A we`ll get GC in no time.Now we know it is a terrible mistake.Now both of us can`t work and had to take my son out of daycare. and we have house payments to make.We put our house for sale weeks ago and so far no offers.I contacted local representative to expedite My EAD and also contacted USCIS to expedite it,
    citing financial burden.We are spending sleepless nights and have no clue what to do for my EAD and his AOS.pLEASE HELP.
    Did anyone face similar situation .Any suggestions are welcome.


    The other posters are correct in that they are telling you that your spouse is covered under section 245k. That is as long as a person hasn't overstayed an I-94 card by more then six months; no major criminal or health issues then everything is reset upon leaving and re-entering USA.

    However; USCIS officers try to find other ways to nail people when a person needs protections such as 245k.

    I have seen a couple of cases where people have had an i-140 denied due to education. They appealed and re-filed another 140 and in the eta 750b they omitted certain education diplomas that were listed in the first application. USCIS then accused them of fraud and a permanent barrier to getting greencard.

    Now; it looks like the officer is going down the same road on your husbands case. Accusing your husband of essentially fraud by claiming that he was working with a company listed in the g-325a biographical information when it appears to uscis that he wasn't working with them. 245k or any other part of immigration law which could protect him becomes difficult to use when they accuse you of fraud.

    To get a better grasp of things; you need to post the RFE's that he received on his original case (don't post general stuff but be specific) and what they are saying now. It will allow people to help you better assess the situation.





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  • damialok
    03-31 01:50 PM
    Example: $ 500,000/- purchase price (3000 sq ft single family home)
    Land cost: 80,000/- ( defined by county - assessment record)
    Construction cost: 1,40,000/- (If you do home work you can easily
    derive current construction cost)
    Let's say you give the order to somebody to construct: Add his 25%
    profit which is reasonable)

    I am currently looking to build my home in SF Bay Area and these figures dont look that encouraging. Here is what I have got and this is due to severe crunch in construction industry.

    Land: $600,000 (it was listed for $850K 12 months back, thats after 25% drop)
    Construction Cost: $190/sqft (It was $280~$350 2 years back) - for 3000sqft - $570,000
    City Permits and Architectural fees - $120,000

    A grand total of $1.3 Million. But this if if you were to build it, the run-of-the-mill tract home builders can get it much cheaper, say around $1million.
    Again these figures vary by region but generally give a picture of cost breakdown in California.


    Land - 46%
    Construction- 44%
    Permits - 10%





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  • Rolling_Flood
    08-05 09:03 AM
    If you don't like my stand, fair enough.
    Neither you nor anyone else can stop me from taking legal counsel on this issue and going to the courts if i feel this porting thing is illegal in a sense.

    Please refrain from making cheap remarks like the ones you made towards the end of the post. They serve to highlight your issues more than mine. I am content with the EB2 folks who have already PM-ed me and we will, for sure, take this forward.

    Rolling Flood,

    Clearly, you are a NumberUSA person trying to provoke deep rifts amongst a highly skilled workforce that succeeded in getting HR 5882 out there. Your game is up. Look, no one is claiming porting / interfiling is due to 'length of time'. Each application, under each category, is for a DIFFERENT job. Now, obviously, when you gain experience in one job, you become MORE ELIGIBLE for another job, typically at a more senior level. With that, comes a higher income and higher TAXES back to the USA.

    Your perverted logic that people are using interfiling on the premise of 'waiting time in EB3 queues' is a fallacy without legal merit. EB3's that interfile to EB2's have to, LIKE ANYONE ELSE, show the merits of the EB2 application BY ITSELF.

    Now, if you think you can snake in a controversy through a law suit, only to protect your inflated sense of protectionism, keep in mind, that your target is EB2. I presume that you are in EB2 yourself. Be prepared for unintended consequences because USCIS could very well freeze ALL EB2's INCLUDING YOURS! Might seem a far stretch, but realistically, anytime a court sees 'merit' in challenging an established system / process, ALL come under purview. How can your case be assumed to be 'innocent' while everyone else that you are against be 'guilty'?

    There are numerous cases of people going to court seeking 'justice' only to find themselves very quickly standing 'on the other side'... trying to get out of a self inflicted mess.

    Obviously, you have issues that run deeper than discontentment with US legal immigration process. Get yourself some help. Seriously.





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  • nogc_noproblem
    08-05 02:15 PM
    A married couple in their early 60s were out celebrating their 35th wedding anniversary ...

    ... in a quiet, romantic little restaurant. Suddenly, a tiny yet beautiful fairy appeared on their table and said, "For being such an exemplary married couple and for being faithful to each other for all this time, I will grant you each a wish."

    "Ooh, I want to travel around the world with my darling husband" said the wife.

    The fairy moved her magic stick and... abracadabra!.... two tickets for the new Queen Mary2 luxury liner appeared in her hands.

    Now it was the husband's turn.

    He thought for a moment and said: "Well this is all very romantic, but an opportunity like this only occurs once in a lifetime, so I'm sorry my love, but my wish is to have a wife 30 years younger than me".

    The wife and the fairy were deeply disappointed, but a wish is a wish...

    So the fairy made a circle with her magic stick and .... abracadabra! ....the husband became 92 years old.

    The moral of this story: Men might be ungrateful idiots... But fairies are....female!



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  • eb2_hope
    08-26 10:01 PM
    Couldn't resist writing this one...for all of us with older priority date

    Jaane woh kaise log the jinke
    485 ko approval mila
    hamne to jab bhi call kiya
    humko RD/ND/PD ka jaal mila

    Still praying ..
    PD Dec 2004

    & then on a lighter note...mera number kab aayega

    Hamko bhi to lift kara de ..thodi si to lift kara de..
    kase kason ko diya hai..jaise taise ko diya hai
    Hamko bhi to lift kara de ..thodi si to lift kara de..





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  • pani_6
    02-21 01:03 PM
    Why doesnt this guy test the water by contesting the elections...he talks as if he is the 20th century Adam Smith who should be consulted on economics..



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  • Madhuri
    05-16 08:27 PM
    Who knows what bills congress is going pass and not . I would rather live with status quo rather than things getting worse for me . They dont even let me file for 485 because of per country limits etc.....
    I second that. I don't want to find myself in biggermess after all this is over.


    I am talking about people whose permanent labors are approved but they can not get green card for whateever reason. My labor application for future job was applied 3 yeags ago in the past As per my employer job was available 3 years ago and government took its own time to adjudicate the application. Does my last statement sound illogical? Your analysis is same , I mean illogical .

    Who knows what bills congress is going pass and not . I would rather live with status quo rather than things getting worse for me . They dont even let me file for 485 because of per country limits etc...





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  • skakodker
    12-31 11:40 AM
    Thank you for your message smisachu. I noticed some other senior members red-dotted me! A red dot or two will never dampen my support albeit mainly phone and mail and enthusiasm for IV's and our cause.

    In response, I believe that violence is the ego rearing its head in response to itself.

    These so-called "camps" are collections of tents and basic infrastructure. Bombing them will achieve, at best, a brief lull (if that) until a new camp is set up and staffed by the hundreds and thousands of misguided personnel that comprise these extremist factions from all over the world.

    At worst, a unilateral assault on Pakistan will result in a nuclear war - the ultimate Pandora's box. What better result could the extremists desire?

    Is there not a better way that involves improving the lot of all and in doing so, dimming the lure of extremist ideaologies?

    I am not saying that we musn't defend ourselves. That is our right. I am proposing that we first address the beast within - the one whose ineffectiveness permitted this attack to occur in the first place. Coming up with ways to achieve this could be our primary intent.

    There is plenty of scope to improve our intelligence services, training, and even basic equipment (our cops arrived with .303 rifles that wouldn't fire!) - but the long term fix for any problem will always be one that starts from within and works it way to the without.

    Peace to all.



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  • Sakthisagar
    07-29 03:27 PM
    A little touchy here are we. I thought we were skilled immigrants and could hold a mature conversation.



    First of all, the President doesn't create policy, the Congress does. And please answer my question of why he should focus on a few hundred thousands when millions are out of their jobs, economy is in crisis and a couple of wars to fight. I'm just saying in terms of priorities we don't fit and I'm fine with that even though from a selfish perspective it hurts us. With regard to the unemployment rate:

    1. Not all EB immigrants are tech sector employees (esp in EB3)
    2. Even if we consider the population of tech EB employees, some in the American Congress and public *could* argue that lots of these jobs could indeed be done by Americans if they are trained. If you look at the trend of outsourcing you know that it's really not that hard to find somebody who can code in Java/C++ etc. I'm not saying that's true but just saying that's an argument that could be given forward by people who say that the nation's overall unemployment rate could be helped by training people for tech oriented jobs where unemployment rate is low. This is already happening with science and tech initiatives at the middle/higher education level.

    What immaturity you have seen in saying that do not compare USA & India. may be your immature mind to understand.

    We people will only argue and discuss and never do anything solid that is the Nature unfortunately. How do you know The President's Priority? Why do you want to use "coulds "and "can" and "may be???? just for argument sake and that is what they call "IMMATURITY "in superlative Degree





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  • Rayyan
    01-08 11:35 AM
    <<<<<



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  • sriramkalyan
    12-19 02:26 PM
    Looks like time to shutdown IV site..

    I suggested long time back .. do not allow anyone to start the threads ..

    Only allow users who are active contributors to IV budget.


    Now this site is becoming like yahoo chats ...

    God help Immigration community ...

    EB3 is not moving ...EB2 dead stop ...





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  • xyzgc
    02-12 10:31 PM
    its all forgotten now, just wait for a bright tomorrow.:D



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  • gjoe
    07-14 06:56 AM
    The traditional way to solve the I485 retrogression is to find a way to slow down or completely stop PERM and I140 for a decade. I am sure DOS, USCIS and DOL should be working together on this for a few years. Last time they did this was when they introduced PERM and premium processing for I140.
    To all my brothers and sisters who are waiting for their GC since years, please do not forget that there is a silver lining to every dark cloud. Only time can reveal what that silver lining is.
    Most of us know how problems are resolved these days by shifiting it from one area to another until some day everything breaks or things get resolved by itself. None of the agency mentioned above thinks or works any different. So be patient and beleive that there a silver lining to all this. Peace, joy, pain, sorrow and happiness are all passing things in life.





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  • nogc_noproblem
    08-05 02:29 PM
    A couple drove down a country road for several miles, not saying a word.

    An earlier discussion had led to an argument and neither of them wanted to concede their position. As they passed a barnyard of mules, goats, and pigs, the husband asked sarcastically, "Relatives of yours?"

    "Yep," the wife replied, "in-laws."



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  • masaternyc
    05-13 05:15 PM
    Its fair Too





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  • langagadu
    12-26 11:25 PM
    Why don't you suggest the appropriate forum. Tired of hearing this 'this forum is only for immigration matters'. Agree why don't you be a COP for all other threads started not related with immigration.Put some ice on your head.

    Peace


    I suggest that you provide your opinion on some other forum. This forum is only for Immigration matters. Learn to use it appropriately.

    Thanks,



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  • USDream2Dust
    04-05 05:03 PM
    Fide_champ,

    I am also looking for buying house in new jersey and as you mentioned all good places with good schools have hardly any effect from recession and housing down turn. But any way if you have to buy a house for long term then no point in waiting. The only thing bad times do to good places is value doesn't increase like it does in good times. Any suggestions on areas in New Jersey with good school and affordable (I mean something in 350-450k)? I know some very good areas where worst looking house starts at 700k which is out of scope.

    USDream2Dust

    jung.lee,

    I do share the same concern as you. But after doing a little bit of research about housing in my area, i did figure out that housing in good school areas are always in demand. So it's probably more important than ever to buy in a good school district if anybody is buying. Moreover in NJ you hardly have any land left to build any new houses, so there are not a lot of houses on the market in some areas. I am kind of relieved a little to buy it in the area i am buying. The job losses are a concern though. Right now it's only in the financial field but it could affect other industries also. But it's still a cycle and everytime we see some recession looming, it's been advertised as the worst in recent history still people live and come thru it. Some suffer losses going thru it, some doesn't get affected. During last recession, people lost millions in stocks and some my own friends lost more then 50K and that is no better than the situation we are in right now. So why worry now?





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  • zshakyaz
    03-31 10:46 PM
    Today I received a call from my lawyers office asking me whether my wife had taken the TB test as we skipped that test when we applied for I-485 in July 2007 as my wife was expecting at that time. My PD is Feb 2007

    Lawyers office said they received a call from USCIS as they are getting the cases ready to be adjudicated. USCIS wanted to know whether my wife got her TB test done or not.

    Did anyone else got such a call from USCIS? And Gurus, what do you all think this means?

    Hello burnt
    From my own experience USCIS actually called me directly . So don't be surprised USCIS calling your attorney. The best thing about the call was the immigration officer, verified all my info and notified on my 485 approval and my wife on that same call. It was hard to believe it , since even infopass couldn't confirm my approval. And I recieved my card in just 3 business days after the approval. So chill out , its a good thing that USCIS is trying to resolve your case. nothing to be worried about

    cheers





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  • xyzgc
    12-22 09:35 PM
    With all due respect XYZGC, I never said Kashmir should be gifted to Pakistan. What I have said is for a UN supervised solution. And I did not change my mind on that. We have fought three major wars and spending crores to maintain the status quo but to what end. It just a pain in @$$.

    I share you concerns about Hindu minority in Pakistan and other Islamic society. But to make it clear neither I am against Islam (Though I DO NOT support the present Islamic Leadership structure) nor I beleive that it is not even remotely possible to covert India into a Islamic Society. But one should be prepared just in case.

    On the other hand , I do beleive that by declaring Pakistan a terrorist nation it will force them to take some drastic steps.

    Yes, we agree. I am also not against islam but against islamic leadership, especially the hardliners who seem to be ruling the Pakistani and drowning out the voices of the moderates and intellectuals there. In fact, nobody is against any individual.
    And you never used the word "gifted". You already provided your reasons for saying whatever you did.





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    08-26 07:58 PM
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    Enjoy.

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    sk2006
    06-05 12:31 PM
    Sorry but no matter how you spin it, owning a home is better than renting. Renting is not smart. period. your money is gone every month. You are not getting that money back.
    When you own a home, the money goes towards a mortgage, and although most of it goes to interest at first, all interest paid is tax deductible which is a huge chunk of change every year. I get more money back as an owner than a renter and in the long run I save more AND own the home.

    30 year renter vs 30 year home owner? That is not rocket science.

    ..And those who bought in the bubble lost money much faster than they would have "Lost" the money renting! Some of them even lost the whole House along with their Credit score!

    LOL.
    :D:D:D:D:D:D