Wednesday, June 29, 2011

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  • Prashanthi
    07-31 05:05 PM
    Hi,

    I am currently working on EAD, having invoked AC21 once in the past. My labor was filed in 2005 under EB3 (I was eligible for EB2, but my company filed it under EB3, as per their policy). I filed 485 during July 2007 fiasco and am currently working on EAD.

    My job qualifies for EB1 now and few of my peers have got Green Card under EB1. Can I port my filing from EB3 to EB1? Would it be better to do it with current employer or with a new employer? Pl. advice.

    Thanks


    If you I-140 is approved you can port the priority date of your old I-140 to the new EB-1 I-140. You might not need to go through this trouble if EB-1 is current.





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  • EB3June03
    08-09 08:07 PM
    Folks,

    This post is on behalf of my friend who is a student in UK and planning to apply for US Student (F1) visa. Here are some of the queries he has. I am sure some of you would be able to answer the questions below.

    Question 15: Home Address (Should this be home address of India or should it be local address of UK where the prospective student is a temporary resident)

    Question 16: Home Telephone Number : Similar to Question 15, what should be the answer for home telephone number and mobile number for a temporary resident (student) in UK when applying for US Visa?

    Question 22: When do you intend to arrive in the US : They are asking for date/month/year.... Unless, my friend gets his visa - he might NOT know the date... Is it possible to enter only the month and year here?

    Question 24: At what address will you stay in the US : My friend is going to be a student and unless and until he comes to US, will NOT know the answer for this - What have folks applying for student visa entered for this Question?

    Question 25: Name and Telephone of Person in US who will be staying with : For prospective students, this would be a tough question to answer and I am sure most of the student visa applicants might have wondered what to enter here. What are some good answers here?





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  • martinvisalaw
    03-18 03:36 PM
    1. I need advice as to how to withdraw the I-485 AOS application. I do no have copy of documents/notices that USCIS sent.They are with my wife.
    Or
    2. If we do work out our differences then is there a way to keep the current AOS alive? Or shall I get the current one withdrawn and file for a new one if we do resolves our differences?
    3. Also if I do withdraw the I-485 does it also mean that the I-130 filed by my wife is abandoned/revoked automoatically?

    Sorry about your marriage problems. If there is a chance that you might be able to work things out, I suggest rescheduling the 485 interview. If you even have the interview letter, then you should have the receipt number and your A# that can be used to track the file. You can also use these to withdraw the 485 if you need to.

    If you do withdraw the 485, it would not automatically revoke the I-130, assuming this is approved. It may not be approved, however.





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  • Blog Feeds
    08-09 10:40 PM
    As of July 24, 2009, approximately 44,900 H-1B cap-subject petitions have been received by U.S. Citizenship and Immigration Services (USCIS) and counted towards the H-1B cap. Approximately 20,000 petitions qualifying for the advanced degree cap exemption have been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits. The H-1B program allows foreign nationals to work for their U.S. sponsor employer in a specialty occupation that requires theoretical or technical expertise in specialized fields. This may include scientists, engineers, and commuter programmers to name a few. The cap count for H-1B fiscal year 2010 is available at www.uscis.gov (http://www.uscis.gov).

    Call us at 214-999-9999 and Kraft & Associates will answer your H-1B questions.



    More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/q6etIgCz4yY/)



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  • gc_chahiye
    10-12 05:37 PM
    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=82b06a9fec745110VgnVCM1000004718190aRCR D&vgnextchannel=2411c9ee2f82b010VgnVCM10000045f3d6a1 RCRD

    no stats/data but questions about expiring checks etc have been covered





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  • VJDJ
    08-14 09:07 AM
    Hi,

    I need advice on my situation. My wife filed EB2 based 485 application through her employer and my application and my son's application were filed as derivative applications. My priority date is Dec 2005 and country of chargeability is India. My application and my son's application were approved on August 04, 2010 but my wife's application is still pending approval. It has been nearly 10 days since derivative applications were approved.

    I understand that derivative applications cannot be approved without primary application getting approved first but why, then, my wife's application is still showing "initial review"?

    I am confused and getting a little worried about this. Any advice will be appreciated.

    Thanks.



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  • sunny1000
    12-22 02:54 PM
    What does this mean in terms of advancement of dates for EB3I in the Feb Bull.

    You can check that discussion/prediction on this thread:

    http://immigrationvoice.org/forum/forum14-members-forum/1331594-eb2-eb3-predictions-rather-calculations-269.html





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  • optimizer
    02-23 12:04 PM
    Gurus,

    I am considering switching my employer.

    Currently I have I-140 and labor for GC approved in 2006.
    Filed I-485 in July 2007.

    My current H-1B expires on December 2009. (9 years on H-1B.... ya that long)

    Based on my AC-21 portability after 180 days of I-140 approval, if I move to a new employer and file H-1B transfer, will I get default approval of only upto December 2009, or can I get 3-year extension based on my I-140 approval?

    Appreciate your answers in advance.

    Thanks,
    Optimizer



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  • eilsoe
    10-07 01:11 PM
    heeeeyy.... now there's an idea!!




    NOOOT!!! :P





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  • arunkotte
    07-22 10:24 AM
    One required initial evidence (not medical) was not included in my recently submitted 485. Is it possible to send it now without receipt before 08/17?
    If it's possible, what's the proper procedure?

    Please kindly share your comments and experience.


    What is that initial evidence?



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  • donya
    08-14 12:52 AM
    Dear all,

    I have a Q regarding the follow-to-join rule. Say one has filed I-140 and I-485 recently (concurrently filing). To use the follow-to-join rule, can the spouse file I-485 at any time after the primary applicant's I-140 is approved but before I-485 is approved? In that case, will the spouse's I-485 be approved around the same time as the primary applicant?

    A related Q, will a Visa number be immediately available after one's I-140 is approved?

    Thanks a lot!
    -donya





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  • Karsoo
    02-23 12:28 AM
    I got married one year ago. My wife was born here and we filed my I-485 and I-130 and I-765 with her.
    1- my office in CT state ( hartford)
    2- I applied in April 31 2009. My sponsor was from CT and my wife is the petitioner
    3- They received my cases and cashed the checks June 10 2009
    5- In July 31 I did my biometrics test ( finger print )

    6- In Aug 2009 we moved to Michigan and My lawyer is going to transfer the case to MI
    8- october 21 they requested some evidence
    9- Nov 2009 they requested that the sponsor and the petitioner should have the same address???
    10- I changed my sponsor and I have a new one from Michigan.
    11- January 9 2010 they accepted that.
    12- Feb 3 my Lawyer surprised me and told me that I have an interview in Hartford,CT even tho she changed every thing to MI. She said she has the proof that she changed the address but it didn't update in the system and she blamed the system. she said she is going to reschedule my appointment to MI and she said the are going to send me a new notice in 2 to 3 weeks.
    13- Feb 8 2010 they ordered my EAD card.
    14- Feb 9 they mailed me a notice that they approved my I-765.
    15- My lawyer said they sent my EAD card and the notice to my old address in CT and she said they went back to them and they will re send it to my new address in MI.
    16- Feb 22 as of today they updated all my cases but without any new info ( just the dates)

    17- I am so confused and I have those questions:
    A) Did my case transfer to MI or nothing happen since I moved?
    B) how long does it take to get everthing back to the right way?
    C) what is going to happen to my EAD card and the NOTICE?

    Please help me with this and I will really appreciate it



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  • nk2006
    04-09 03:00 PM
    In the last few days there is little news/action about STRIVE act. When this act was proposed all of us got excited and promised to each other to do everything to make it a success. Some of us did make phone calls to lawmakers (as per IV directions) but after that everything seems cooled down. Why are we losing our focus now?

    Yes the new Senate bill S.1035 (tightening H1B program) might have put some doubts in our minds; but can we continue our efforts on STRIVE and deal with S.1035 thru amendments when it comes to discussion. Discussion about S.1035 on our forum is fine and in fact we might have to do that to figure out how bad/good it is our specific issues. But in the meantime we have to continue our efforts on STRIVE act too.





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  • gc_chahiye
    12-09 07:30 PM
    All,

    I am in a bit of confusion and needed some info. I had applied for I-485 during July fiasco and my spouse applied as derivative. We had applied for her H1 extension/transfer through another employer after we filed for I-485 as we did not want her to use EAD. We recently received her H-1 approval without I-94.

    I am not sure at this point if she has to leave immediately to get the h1 stamp Or she can continue to stay here as her AOS is pending based on derivative status of my application.

    Also will her getting approved without I-94 impact her pending AOS in anyway

    what was her status when she applied the 485? I am assuming H1, but did she have an unexpired I-94 at that point? Was she getting a regular paycheck? Do you know why you did not get an I-94 with that H1 extension? Usually the only reason that happens is when you are out of status. Which could be a problem with your AOS... Did you talk to the attorney who filed the H1, what does he say?



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  • aguy
    07-21 07:18 PM
    hi,

    thanks to everyone here for the kind input, I am almost done with my GC application under NIW. Since I have a load of documents for primary evidence,
    how should I arrange them and where should I mention the "table of contents" so to speak. I have a detailed cover letter also.

    thanks,
    ashish





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  • TomPlate
    07-10 09:21 AM
    Big thanks to the entire group. We should not be happy unless we get our goals done.

    1. They should take the applications for July 2007.
    2. They should make PD July 2007 for the coming VB atleast. Because it was current in July 2007.
    3. They should increase the VISA numbers so that the back log is no more.
    4. They should not seperate husband and wife because of this idiotic immigration system. One having a green card and other partner not able to be with them. Because we INDIAN strongly believe in marriage and not like AMERICAN marrying more than 1 wife or husband.

    LOU DOBBS down down and 10 wife CNN down down.



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  • indyanguy
    11-20 09:14 AM
    Thanks for the reply.

    Where does 1099 fit in in the above list?

    Are there any benefits of one over the other?





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  • Ruth B
    08-14 01:30 PM
    "I would like to hear your professional opinion on the following issue: I have been on F-1 visa for 7 consecutive years. I have an employer that has sponsored me as a Graphic Designer. In fact I have obtained the I-140 through him already. I recently applied for employment AOS (July 25th) with my wife (She is on F2 visa) and I'm currently waiting on the Notice Receipt. School starts on August 20th and I'm hesitant on when exactly the new Immigrant Status starts. Do I still need to enroll for classes in order to maintain my visa? I don't intend to finish school due to financial difficulties, when exactly may I drop out from school? Should I remain enrolled up until I receive the EAD and AP? Thanks in advance for your response."





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  • GC_ki_daud
    08-21 01:08 PM
    Bump





    BlueSoft
    01-20 07:31 PM
    Company A can not by law press any charges for the filing fees of H1B petition but they might go after you to pay for other costs in case you have agreed to pay for attorney fees.





    ashugumgol
    11-30 11:08 PM
    My AP was approved Nov 16. Email from USCIS said approval notice sent. I had to travel Dec 4th. When my lawyer contacted USCIS on Nov 25th, USCIS said they were in the process of printing the form. My lawyer suggested trying for the emergency AP. The Baltimore office says walk-ins not allowed. My travel was postponed for other reasons. Double check that USCIS actually mailed the notices to you.



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