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John_Cena
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Posted on 08-16-07 10:41
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Does anyone here in Sajha have any information about filing form i-130, petition for unmarried son/daughter through a Permanent Resident of US? I always though that it will take about 10 years to get the green card through this process, but when I checked California Processing Center's website, I was confused to see that they are already processing applications for Feb 2005 which means that if I applied in 2007, I only have to wait 2 years? However, Sep Visa bulletin says that the processing time for Family Category 2B is 02/98? I guess, I'm not sure how it all works.....I would appreciate if anyone would like to share their knowledge. Thanks a lot!!!
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hotmaila
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Posted on 08-16-07 10:46
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John_Cena
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Posted on 08-16-07 1:20
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Thanks. So, when USCIS approves the application, say after 2 years, will one be able to apply for Work Permit and all? Whats the status of one, once USCIS approves I-130 and is waiting for Priority Date, which according to the Dept of State website is 02/98 (9 years wait)?
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hotmaila
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Posted on 08-16-07 1:32
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John, you are not eligible for EAD even after your I-130 is approved. You need to wait for your priority date to apply for I-485 and you can apply for EAD along with it. You are not in status even if your I-130 is pending or is approved. Hope it answers your question.
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HappyFace
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Posted on 08-16-07 1:41
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Hotmaila, You seem to have a broad knowledge about the USCIS rules and regulations. Please take a time to answer my query. As you might know the Sertember visa bulletin for the EB 3 catogery applicants has moved back to AUG 02. What if an EB 3 applicant has already got the EAD and the estimated time processing for the I-485 is currently at AUG 2006. What is process in this case. Would the applicant have to wait until his priority date is available or would the new September visa bulletin change not affect his application since it's already been filed and is in process. Your help will truly be appreciated. Thanks a lot! --HappyFace
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hotmaila
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Posted on 08-16-07 2:07
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Happy face, I don't know much as you seem to think, but from what I know, if you have already got the EAD card, you can use it. However, your application will be pending until your priority date is current. USCIS will not accept any new application, but if they have accepted it and is pending, you'll have to wait for your priority date. You might get lucky and get processed earlier too. You never know with the USCIS.
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HappyFace
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Posted on 08-16-07 2:15
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Thanks Hotmaila, Got it. Thanks for your help. Appreciate it.
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NIRAVANA75062
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Posted on 08-16-07 2:16
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hotmaila, the information u got is valid for only employment based GC and thats is also only till tomorrow. so happy face is right, even thought ur i130 is approved, you have to wait till ur visa dates becomes current. only after that u can change ur status and apply for ead and ur GC will be processed.
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NIRAVANA75062
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Posted on 08-16-07 2:19
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sorry hotmaila , that message was not for you, that was for john cena
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pakandi
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Posted on 08-16-07 2:21
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OK I also had some confusion regarding it but someone told me they will approve I130 only when the visa number is available under new rule such that they can apply I485 immediately.Please correct me if i am wrong..it would be better if someone who faced this or someone who went through this can answer better of it.I agree the priority date in california processing center which is jan,2005 and visa bulitine is bit confusing really..
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John_Cena
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Posted on 08-16-07 4:47
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Although the answer is a bit disappointing, THanks a lot Hotmalia and friends for clearing up my confusion.....
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kaamchaiyo
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Posted on 08-16-07 4:52
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i wanted to file a petition for employment based permanent residency even not knowing when the next priority date would be established. my lawyer is asking $6000 excluding fees for application forms and an additional $1000 for your spouse and another $1000 for each child. I think this is too much money that he's askin'. what do you guys suggest?
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kaamchaiyo
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Posted on 08-16-07 4:55
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I wanted to file a petition for employment based PR. my lawyer is asking $6000 excluding fees for application forms, $1000 for your spouse and an additional $1000 for each child. i think this is too much money that he's askin'. what do you say?
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hotmaila
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Posted on 08-16-07 5:26
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Kaamchaiyo, I think it's too high.
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HappyFace
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Posted on 08-16-07 6:07
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Kaamchahiyo, That's too much. The attorney is trying to rip you. You'll find plenty of reasonable and good immigrations under way under that amount. Good Luck!
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