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  • obviously
    08-05 07:07 PM
    Good points below.

    Now, FreshEb2, through the handle itself, comes across as a stoker not a sensible person.

    EB2 and EB3 are two very different EMPLOYMENT BASED legal immigration categories. Filing in one category DOES NOT PRECLUDE one from filing in another category, for another *future* job, as long the *future* jobs themselves meet the criteria to qualify for that EB category.

    Coming to tihnk of, the coward parading as RollingFlood has not posted his/her company, EB job posting, and other pieces of information that I had challenged him/her to post. Seriously you coward, come out and post it... this community can help validate whether there really is no US worker to take that position. Now, dont chicken out and fillibuster this with more weak arguments. Post your glorified EB2 job posting for all of us to see ... and let us see if you have illegally gotten ahead in the line ahead of all those hardworking US citizens that have been laid off in the last 2 quarters across all major sectors. C'mon, do it ... do it...

    Also, somewhere you had said that you were an MBA from a top US university. Welcome to the club. Though, I am sad to share the boat with you! Now, look back at the essay you wrote to get into B-School. Are you doing exactly what you claimed you would do after the MBA? Shall we take that up and go back to the school to have them rescind your diploma because you misused the system? One can say you got into an MBA on a fundamentally false premise. So, give back that diploma.

    Also, did you come into the country on a F1 visa? What did you tell the visa officer? That you were going back to your home country, right? Didnt you need to show proof of ties to your home country. Can we take you to court stating that you committed a felony by lying to a Government official regarding matters of homeland security? Seriously. Why not?

    No amount trying to sub-optimize logic to fit your specific narrow needs will make your holier-than-thou arguments even remotely credible, let alone valid in a court of law. What is clear from this 10 page thread, is that we have a few folks like FreshEB2, RollingFlood etc that present themselves as 'high skilled' workers in the US immigration system but clearly lack the basic level of logic to have a factual conversation. Their ladders of inferences are stark and substantive.

    By sub-optimally picking 'argument points' based the 'weakest links' that you invent and trying to super-size that to reflect a larger interest is very weak attempt to preserve your position.

    Go ahead, file a lawsuit. Tell us which case will be hearing it and give us the case number. I WILL PERSONALLY MAKE SURE THAT THE JUDGE ASKS FOR YOUR IMMIGRATION FILE AND CONDUCT A PRIMA FACIE INQUIRY INTO THE BASIS OF YOUR PRIMARY PETITION, INCLUDING ALL ASPECTS LIKE ADVERTISEMENT, NUMBER OF RESUMES RECEIVED, etc.. I WILL FILE A PETITION WITH THE JUDGE TO HAVE ANOTHER ADVERTISEMENT POSTED, THIS TIME, WITH RESPONSES TO BE EXAMINED BY THE JUDGE and NOT YOUR FAVORITE IMMIGRATION ATTORNEY. SERIOUSLY. BRING IT ON. WE SHOULD RESPOND TO YOU IN COURT. WHETHER CIVIL OR IMMIGRATION.

    You had also mentioned that you would be filing a 'public interest litigation'. That is a very Indian concept. PIL type cases work differently in the US. You dont just run to your local court and claim 'PIL' because you felt wronged. Any court in the US would deem your case as narrowly defined to challenge legislation and throw you out because judiciary cannot legislate.

    Obviously, you grossly underestimated the intellect of this group and thought your big words and b-board bravado would scare people. :D

    Come on!, give me a break. You guys are now worried that EB3 will spoil your (what I still consider, ill gotten) party by PD porting. You now come up with arguments about what is EB2.

    First argument: "EB2 requires advanced degree"

    If that is the case, there is no one who is eligible for Eb2, as "Advanced degrees" is not a degree that is offered by any university in US. Mostly the ones I know offer, Masters and PHD and likes. No one says I am offering "advanced degree". ;)

    Further more, advanced degree is subjective. Bachelors is advanced compared to Diploma, which is advanced compared to 10th passed, which is advanced compared someone who failed 10th.


    Second: It is not fair to allow EB3s to port.
    It is in the law. that part is not grounds for a lawsuit. If you still want to complain, then complain about the fact that AC21 allows you to jump jobs without even getting your GC.

    Third (these are my own points)

    When people got their F1, they said there are here without immigrant intention. Why is USCIS giving them H1 and then also accepting GCs for them. Come to think of it, OPT is not required by any university for granting the degree, so why are F1s even allowed to work??


    The point I am trying to make is that if you try to open one can of worms, everyone else has a Costo or a Sams club to go to and buy a boat load of cans of worms to open - that is going to put you in a bad situation.




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  • redgreen
    12-17 02:41 PM
    What is there in his remarks to be so 'terrorised' about? Where is 'Muslimism' here?

    I hope as far as there are people like you and some others who commented as if 'Muslim means Terrorist' (but you won't tell that directly), there will be more terrorists; and it is quite understandable.

    This is exactly I hate. To divert focus of terrorism to Hindu group, Muslim leader comes out - WOW!

    Sounds like LeT informed Hindu group in advance that they are going to attack so as a by-product they can kill Karkare. Ha ha ha.

    Times Of India Headline: Antulay raises doubts over Karkare's killing




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  • anai
    12-24 11:14 AM
    .
    .
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    Will the Aryans return the land to Dravidians now?

    If you are talking about Rahul Dravid, I think he already owns a lot of land in various parts of India.




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  • mpadapa
    09-26 01:14 PM
    Just to clarify GWB is a Yale graduate.
    With a democratic controlled congress and Obama being a president, CIR is bound to happen. If high-skilled community doesn't unite and get our voices heard then we might come up empty. Remember the last time an immigration bill was passed by the Democratic president (AC21). They flashed few carrots (2-yr recapture, portability and H1 extension beyond 6 yr) and threw us under the bus with flood of 245i applicants. EB3 queue is still suffering from those backlogs.

    In the near term only democrats will be in a position to provide us with some relief because they control the congress.

    "I have no doubt in my mind that a Harvard graduate can get USA out of this economic turmoil. ":)
    i had to chime in, sorry but GWB is also a Harvard graduate. Only a Harvard Business graduate can get us in this turmoil ? :)

    Obama might be good, i dont know, i have yet to see a some good bills from him or concrete actions, but people like him and in the US perception and media support is everything. I think he will win. If might not be good for us because of the following
    a) Sen Durbin, is anti H1 and also anti GC (IMO)
    b) Massive support from labor unions. Just reading some of the statements from the the unions who support him indicate that they will want their pound of flesh after the elections. Watch out for those changes.
    c) If the democrats get a majority then there might be a chance (Reps dont have a chance of getting a majority), if the congress stays divided then the opinions are sharper and the same thing will happen again.
    d) CIR had little if any EB benefits, it was mainly for the illegals...we were simply added due to actions from IV and the rest.



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  • rockstart
    03-23 12:19 PM
    If the e-mail address is ending with "dot GOV" then you should be fine. If some is mailing from yahoo & gmail then dont respond.

    thanks for the suggestion..if I get email..I will ask for a Mailing address for sure.




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  • anai
    04-12 04:40 PM
    Dont tell me crap that consultants pad their resumes. Everyone does it. Whether its consultants or perm-fulltime jobs holders, and whether its H1B or citizens, EVERYONE who is desperate for a job would pad his/her resume. You would do it too if it meant getting yourself away from filing bankruptcy.


    Many/most of us here have worked like crazy dogs most of lives, followed the rules, and played by the book. "Everyone" does not have your cavalier attitude towards truth.

    My problem is not with consultants or nurses or doctors or magicians or whoever else is in line. My problem is with those who claim to be legal aliens but who routinely break the rules (by indulging in kickback schemes like splitting their salary with their employer).

    IV is a community of/for legal aliens wanting to become legal immigrants. Rule-breakers and others don't belong here; just because one hasn't been caught cheating the system doesn't mean one is legal.



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  • nojoke
    04-15 04:02 PM
    Are people seriously arguing that a child will not be happier in a bigger home, everything else remaining constant? Seriously, is someone actually arguing this?

    And money can't buy happiness? Really? Are you saying everything else remaining constant if I gave you money it would make you sad? Seriously? Who is this person who would be sadder if I gave him money? I would like to meet him.

    You people need to stop reminiscing about your childhood days and how happy your childhood was even though you had no money. I have a feeling that your child doesn't really care. Sure, give your child lots of love, but for Christ's sake, if you can afford it, don't make him / her spend his / her childhood in a small cramped apartment just because you had to.

    You are confused. Money alone cannot buy happiness. People with less money are all not sad. There is a difference between what people are saying in this forum and what you are implying that they said.
    Your child will be happy in rented house too. There are advantages with renting. There are various factors other than space alone. This does not imply that your child will be sad in a bigger house. As I said you are getting too confused.




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  • xyzgc
    12-28 01:56 AM
    I am begining to beleive that WAR is not the answer, even though for the past 20 odd years, they have bled Kashmir, driven certain relegion members out, making them penniless, killing some of them and their family members mercilessly, doing the same in punjab (thanks to KPS Gill that was eradicated from the core), and using India's peace meaures in the last 7 odd years to infilitrate members who have created havoc in India.
    What India needs to do is strengthen internal security ('our sardar.....the chief...respectfully meant as i am a admirer of him, has done the right think by bringing in his most trusted man, PC to run home ministry....that man has been an asset in which ever position he has held....man of v.v. high integrity and honesty like our chief)
    Secondly as i said before,...... the super powers also are pretty much behind India and will not make the same mistake as they have done in the past as they know that this is universal/global problem...and the doublespeak will not work...the worry is....who to talk to there...(neighbouring country)....there are so many power centres....its total chaos....so i agree we should not go for war as that could be disastrous and open a exit strategy for all the dangerous elements and give them a longer/extended life to survive..........and continue with their nonsense......globally....WHY because once the war breaks out these dangerous elements will use their deadly toys that they have been provided with thanks to some of the regional powers....who....will then step in and insist on a dialogure....peace...etc etc..
    I am also surprised how sri lanka has agreed to go ahead with their cricket tour...i mean come on such a huge incident....in India....clear evidence...and to think and we sacrified a leader(possible PM) for them....STRANGE Behaviour....

    Without doubt, the internal security needs to be strenghtened. That is absolutely necessary. But is that sufficient?

    Why spend $26 billion yearly on defence budgets, if we are not to fire a single missile, worrying about the repercussions and what the dangerous elements will do?
    Is this only to be used in another Kargil-like war? WIf the answer is yes, that at least we should reduce our defence spending and divert it to make our nation secure. There is no possibility of that happening either.

    What is the probablity of another Kargil when a single terrorist attack is sufficient to throw the country into chaos?
    The whole idea is to destroy these terrorist outfits. Pakistan is not doing it. Should we not do it using our own arms?



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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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  • unitednations
    03-26 02:29 AM
    (:this is all true regarding Immigration Services calling then)
    Hey guys I also got a call from Immigration Services today on March 25 2009 .
    this is what happened
    First he started confiming he was talking to the right person
    And told My g-28 hasn't been properly signed and completed.
    Caller didn't ask me for my personal i nformation
    he confirmed my name, dob ,my last entry . address, wifes name address dob
    my parents name , my in laws name. He even told g28 it was signed by my HR manager.
    He had all the information, he didn't ask for any personal information.
    He asked if there was any other names used.
    He joked about me not smiling on the picture, he confirmed when the finger prints were completed
    After about 10 minutes of conversation he congratualed me on the approval and my wifes approval said the card should be mailed from kentucky with a week and even mentioned that USCIS online system isn't working.

    I am taking infopass tommorrow and confirming and if true I am going have it stamped

    I hope this is all true.

    The odd time uscis does make a phone call to you. The questions they ask are typically what you were asked. Just verifying the information on your forms.

    Yours is typical if a person gets phone call.

    Original poster questions/requests was not normal.



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  • GotGC??
    04-07 08:48 PM
    Regardless of the various previous comments of whether this bill will or will not make it, I don't care to wait to find out.

    I will do whatever I can do to help a concerted effort to nip this bill in the bud. Give me my marching orders.



    What we have to do
    1.) This bill is discriminatory and puts unworkable restrictions on H-1B program. Please join Immigration Voice to oppose this bill in its current form.
    2.) Join Immigration Voice's efforts to oppose the bill S.1035 and educate the lawmakers to pass meaningful comprehensive immigration reform containing the provisions to end the massive employment based green card backlog.
    3.) If you are employee, employer or a lawyer, please take this threat very seriously and inform your organization, employer, colleagues, friends or anybody whom you feel should know about this discriminatory bill. Please request everybody to visit www.ImmigrationVoice.org (http://www.ImmigrationVoice.org) frequently for the latest action items and updates.
    4.) Please contribute to Immigration Voice TODAY and please send out SOS message to you friends, colleagues and employers to contribute and support Immigration Voice. We have very limited resources and desperately need everybody�s support.




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  • mrajatish
    07-08 11:01 AM
    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.

    Particularly worried about what you just mentioned about USCIS using other means to deny application - this seems to go against the principle of 245(K) which was to allow folks to get GC irrespective of a violation in the past. If the intent is to not let folks use 245(K), why even publish such a law? MOre importantly, for folks who have been staying and working in a country for many years (read > 5 yrs), it is possible that they might have some glitches and 245(K) was there to cover that (I am not saying every one has gone through this but a lot of people in 2000/01/02 went through this).

    What are the grounds for I-485 denial if my I-140 is approved?

    The followings are the grounds for an I-485 denial.
    a. Some crimes committed by the applicant.
    b. The applicant is out of status or illegally worked for over 180 days.
    c. If the I-140 is employer-sponsored, the applicant changes job before I-485 has been pending for 180 days.
    d. The applicant drastically changes occupation or job field.
    e. The applicant travels abroad without Advance Parole (H/L visa or status is excepted).
    f. The applicant’s failure to RFE or fingerprint.



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  • lord_labaku
    08-06 12:55 PM
    Other than the July 07 USCIS debacle reversal thread, this is the best thread in IV so far.




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  • hpandey
    09-26 09:59 AM
    All this is going to happen in the very first year itself. Obama has already said CIR would be his priority for his first year. Dick Durbin and Obama will "reform" the EB system exactly the way you described below. In 2008 we have seen some eb friendly bills introduced by lofgren like visa recapture and exemption for STEM. Once Obama becomes president(which is almost a certainty) he will outsource the EB issues to Dick Durbin and he will make sure none of the EB friendly issues like visa recapture and exemption for STEM will happen. In addition obama and durbin will make our lives miserable with draconian restrictions on EB. We are alreday seeing USCIS denying AC21 485 (there is a seperate thread on this). If situation is like this now just imagine how horrible it would be with Obama and durbin.

    Last time the CIR bill died because a lot of people are against granting amnesty to illegal immigrants ( both Republicans and democrats ) . The president alone ( read Obama ) cannot decide that he wants to pass this bill because remember last year Bush was strongly in favour of the CIR bill and even had a conference with Senate leaders to push it through but it failed . The politicians know that the American people don't like the bill but they have to show that they are concerned with solving the illegal immigrant issue. This CIR bill is only a political gimmick. It came into picture because of the upcoming elections and next year I am pretty sure with no more elections the interest would not be that much to get it passed ( although I am sure there will be a lot of people interested in getting it to the House and the Senate ).

    As someone said before if they try to bring some anti - highly skilled workers bill then the big companies are sure to cry out loud ( Microsoft , Cisco , Oracle etc etc ) and the politicians don't listen to us but they will surely listen to them. They have got the clout to get themselves heard.



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  • unitednations
    03-24 11:45 AM
    Its a problem when we dont speak out on our issues - nobody understands our pain

    Its a problem when we speak out on our issues - USCIS is offended that we have issues and wants to come hard on us.

    What do we do? I am fine with USCIS rejecting or approving my application but reject it or approve it without putting me on hold for 10 years. Is that too much to ask?

    It is the resume fakers and document fakers and the rule breakers who should be afraid of reaching out to people. The reason why we are in the mess is because of the greedy employers and ignorant and equally greedy employees. Corporate Greed brought America down.

    Do you guys look around at all of immigration.

    EB people are generally the only non immigrant to immigratn class of people who are allowed to stay in USA while they wait for greencard.

    Almost all others have to wait outside USA for many years and cannot take benefit of what this country has to offer.

    You could be a phillipino brother/sister of US citizen and wait 23 years to get your number called.

    You could be here from Liberia as temporary resident for the last 20 years and have to keep getting extensions for temporary status and one day it gets taken away from you.

    Sorry to tell you but the way you guys define pain is not pain when it comes to most immigration matters when compares overall.




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  • xyzgc
    12-30 02:23 AM
    I think you missed my point. Which was that the 'solution' that Mr rinku1112 was suggesting, destabilizing Pakistan by funding dissident groups, is something that Pakistan already suspects India is doing. And there might be some truth to it. So, then, Pakistan would want to fund groups that would try to destabilize India.
    Thats the vicious cycle.

    It might be true, it might not be. Its only reactionary if its at all true and a very subdued reaction that is. If India was Israel in its attitude and what it is in its size, you wouldn't have seen the vicious circle that you think you see. It would have been all over by now - without all the intellectual sparring and head-banging that go on, on these immigration forums. Pakistani terrorism would have been a moot point - a non-issue.



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  • logiclife
    05-31 06:18 PM
    Tucker Carlson(Yeah, the one who was mocked by Jon Stewart and eventually was scrapped from CNN's crossfire) is next in the recruitment line for Fox News.

    For a job at Fox I think Tucker and Lou pretty much are competing. Both think that immigrants are the cause of deficit and all the economic crisis(if such a thing exists today). However, I am sure both love their houses built by illegals, the lettuce picked by illegals.

    Lou Dobbs is along the lines of Pat Buchanan. He would rather insulate the United States from the rest of the world and isolate. Against immigration, against outsourcing, against free-trade. Sort of like built a huge Igloo around the country so that the immigrants dont plunder the wealth and property that Lou has created with his bare hands.




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  • greenguru
    04-08 02:17 AM
    I was discussing the same with a friend of mine...

    what will be done next is ...

    Have 49 employees and start a sister concern ( New firm ) after that ..




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  • sk2006
    06-05 02:48 PM
    This is a very healthy discussion!!.
    My two cents.

    Buying a house is the best decision no matter what, if you can get for a good price(price u can afford) at a GOOD LOCATION!!!. I think location is more important...
    As far as real estate investment is concerned.. It is
    LOCATION LOCATION LOCATION..

    Nothing...else..!! .. Even if you are in H1B or GC if you know that u can stick to one job for a while and u get a house in a good location... this is the best time to invest!!


    Partially true.
    In good locations prices are falling slowly but that does not mean they can't fall as much as they have fallen in other areas.

    The primary reason for the big boom in housing was not Rising incomes or rising affordability. It was not even Demand and Supply of Real Estate like may Real estate agents would tell you..

    It was Demand and Supply of Easy Credit.

    Days are easy credit are gone and we would not see it again atleast not for many many years to come. With Real wages falling and unemployment rising there is no way housing prices will rise any time soon. First they have to stop falling!

    So buy a house if rent and mortgage(+tax+maintenace) are comparable and you plan to stay in the area for long time. And for next many years don't look at the value of your house on zillow.com




    paskal
    07-08 05:45 PM
    Thanks!

    The outstanding questions, i guess, are:

    They allotted the visa numbers prior to actual approvals. This contravened their clearly stated policy. In fact the ombudsman mentions this policy and suggests change. If they allotted the numbers prematurely, and are still in the process of approving those petitions and sending out the decisions...should the numbers have remained current UNTIL THE LAST PETITION IS APPROVED?
    One could argue that per USCIS policy and stated process the visa numbers are still available till that day- a petition could be rejected at the last moment- sending a number back to the pool....

    the other question is- did they allot >81% of the numbers (27% per quarter) even before the fourth quarter began? Can they allot numbers on sunday while not accepting applications that day because they are "closed" thus denying petitioners from getting in while the numbers are current?

    i would be surprised if they went over the country cap- they have treated that as religion of late.

    the dates for india/china will only move after EB3 ROW becomes current. any ideas how far that is?




    PD_Dec2002
    07-07 08:56 PM
    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.

    Sad to hear your story. Talk to an attorney ASAP. Maybe to several attorneys to get different opinions and perspectives. Time is of the essence in you case. Contact a financial planner/realtor as well to see what you can do about your house payments.

    Good luck.

    Regards,
    Jayant



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