Friday, July 1, 2011

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  • mbartosik
    04-01 11:30 PM
    This is from USCIS point of view. So they include all categories of I485 -- most will probably be family based. The I140 is exclusive to EB class. Of course USCIS does not publish stats that we would find really useful, even their process dates are works of fiction (or at least not totally accurate).




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  • r_mistry
    07-23 09:29 AM
    Hello Everybody,

    This is my story,

    1 - Came to US on B2 (visit visa) in October, 1999. My legal stay way valid till April, 2000
    2- Found an employer and in March, 2000 filed for H1B/extension of stay. Lawyer at the time told me that since we filed H1 i don't need to file any other extension of stay
    3- August, 2000 received approval notice of my H1 but approval notice mentioned start date of October, 2000 rather than March, 2000 as requested in the petition and approval notice did not have the I-94 card attached with it meaning they did not change my status. Appealed the decision and got some feedback from USCIS that they will look into this. Started working for the company in October, 2000. In January, 2001 Company received another notification from USCIS but I was never provided the copy so not sure what was the decision and was told all is fine but never provided the final approval notice. When i checked case status back in January 2001 it said case approved and approval notice sent. However when I check online case status now I see following,

    Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
    Current Status: Cable sent to American Consulate or port of entry notifying them of approval.
    On September 7, 2001, the appropriate American Consulate or port of entry was notified of the approval of this case. Please contact them directly if you need more information.


    4 - In 2002 transferred my H1 to new company and got the approval with new I-94 card without any issues.

    5- In 2004 transferred my H1 to another company without any issues and I�m with that company since then. They filed my labor, I-140 which has been approved and now ready to file I-485. Lawyer of this company wants to attach the approval notice of my first H1 from 2000 with I-94 card attached to it showing proof of my change of status which i don't have. I have approval notice without I-94 card from 2000.

    6- I also left the country in 2006 and went to Canada for two weeks and then came back in the same month without any issues.

    Current lawyer is fling I-485 without my first approval notice from 2000. Do you think this would cause issues or generate RFE for I-485? I heard that once you leave the country and re-enter legally all previous status issues if any are put to rest, I left the country in July 2006 and re-enter in the same month?

    Please provide your input on my case...many thanks!!!




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  • Digitalosophy
    09-06 03:17 PM
    I have a non profit project coming up, if your interested in some logo or design work get back to me, I added you on my AIM, don't see you on now.

    Drop me a line and/or send me some work you've done.

    -Digit'al




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  • Student with no hopes
    04-15 11:48 AM
    Graduated from college last year, finally found a job that I really like. Currently on OPT. Just curious to know how long will it take for employer to apply for labor and I-140.

    I know most of you are thinking - "are you mad, esp with current gc situation? " the thing is I like it here. My relatives and friends are here. I am hoping that with so many people stuck in the gc process, somebody has to fix it soon - and I (& other newcomers) will benefit from better immigration policy.

    can any one let me know how long the initial stages take currently?



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  • poorslumdog
    05-14 01:07 PM
    Hi,
    My PD is 2006 under EB-2 category. My family and I filed for GC on the same day. Now, I am planning to file a new I-140 under EB1. My kid is going to be 18 soon. What is the age limit for dependent to file for GC with the parents?
    Your reply is greatly appreciated.

    Thank you!

    I am just asking for information...How you are moving to EB1 from EB2. Can you share with us...?




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  • IndianBoy
    11-25 11:05 AM
    I have a approved H1b from company A. Company A also shared a copy of approval. I was never counted under H1b cap before this approval. If I now decide not to join company A and assuming company A will not cancel H1b, can I use this H1b to join another company B later using H1b transfer�???? I am presently on cap except H1b and need a cap subject H1b in order to move to any private firm. So approval from company A matters a lot to me.

    Has anyone done this�????

    Thanks in advance...



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  • ronhira
    03-29 12:26 PM
    Hello,

    I am an F1 visa student and am marrying my sweetheart who is an American citizen. We are planning to pick up the marriage license tomorrow, in MA. I know one of the questions is "residence". Do I put my local residence (I've been here for about 6 years) or my foreign residence? I do not want to jeopardize my status.

    Thanks

    Congratulations..... this is big deal for each & every human ...... :)

    since u'r a student in legal status & u live in US for last 6 yr..... so u've to have a US address..... i think it will be best to put US address..... it will keep things simple..... there is nothing wrong with u having a US address.... becoz u live here......

    happy married life.... even though it may sound like an oxymoron ;)




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  • shivarajan
    04-04 02:59 AM
    is that spell mistake on purpose or on unavailability cause?



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  • Seb Hughes
    04-17 09:21 AM
    Yeah what is wrong with Macs




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  • priyasagiraju
    04-07 03:20 PM
    Iam on L2 and working on my EAD which is expiring on april 29 th 2011.

    I have applied for H1 in the 2010 quota but due to my employers mistake i got a rejection on that.
    we are trying to reappeal to USCIS but iam not sure if its going to work.

    Suppose i have a project and apply again for 2011 quota , can i still continue working even if my EAD expires.
    They say that we actually move to H1 on October , so if i apply before end of April through premium processing and get an approval notice before October can i continue working or start work right away or do i have to wait till October.
    Is there a possibility to start working immediately as soon as my H1 gets approved or do we have to wait until October in any case.

    Thanks in advance



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  • wandmaker
    04-01 10:01 PM
    Hello everyone,

    According to my immigration-lawyer, I have received a notice for interview. I filed under EB2 category and only my and my wife's I-485 is pending. I had friends who got their GC without the interview, but i got called of an interview, so I was wondering why i got called for an interview-any specific reasons that some of us get called for an interview?

    Another questions is; i read some blogs and almost all the people who were called for an interview seem to get a list of documents from the INS to take along for the interview. My attorney didnot mention anything about the list, so do all interview notices come with the document list or is it normal to not have one?

    Please any insight in this matter would be greatly appreciated.

    Thank you

    There has been a lengthy discussion on the same topic few months back, use IV search. BTW, please fill in your profile - no profile often leads no response.




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  • purplehazea
    03-27 03:13 PM
    Out of personal experience of stories from other people I understand that generally most people do not have any problem while going for stamping outside the country. Subject to the fact that I am not an attorney and that you should consult one, here is my no guarantee advice:
    Ensure that you have all the paper work and that you do not have any period of illegal stay;
    Ensure that you go for stamping long before your visa validity runs out.

    Again this is purely based on what I have noticed in my personal experience. Some people do get unlucky but overall it is better to go to a non-indian consulate and especially avoid Madras consulate.



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  • bugmenot
    11-17 01:39 PM
    I dont think there is one (at least legally). However, even if revoked, you may apply for new H1 (without quota bar, if you are within 6 years). The IO may or may not give you a new I94, so you may have to exit the country to get a new visa/I94.

    uh? no time period to transfer h1b?? does anyone have a clarification on this point?

    i heard it was between 10 days to 2 weeks???
    anyone??




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  • AirWaterandGC
    06-07 09:49 AM
    so for employment based Gc, folks whose priority date is may 15, 2007 or later are in trouble OR folks whose I-140 is not filed before may 15, 2007 are in trouble ? Also what happens to someone who changes job, filed GC again has priority date/I-140 of a date earlier to may 15,2007


    this is related to family sponsored by citizens and green card holders.



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  • BumbleBee
    03-30 03:28 AM
    sorry to hear about your job loss. AP are supposed to be used during emergencies and it seems you are only planning for a week visit, seems perfect for AP use.
    I have used AP many times, never had any problem, most recent visit being in Jan 2009.
    H1B is having lot of problems in getting stamped and at POE, but I haven't heard anything like that for AP travelers. Just remember that if I485 is denied for whatever reason, AP also gets invalidated(Meaning out-of-country AP holders won't be able to return!!!!).

    I would say go ahead travel on AP. How long can one put life on hold for GC. Its ridiculous.

    File AC21 at the soonest to avoid getting denial.

    Also check this thread for 'AOS pending and AP while out of country'. http://immigrationvoice.org/forum/showthread.php?p=330716#post330716 (http://immigrationvoice.org/forum/showthread.php?p=330716)




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  • Devils_Advocate
    04-08 11:54 AM
    USCIS announced it continues to accept H-1B nonimmigrant visa petitions subject to the fiscal year 2010 (FY 2010) cap

    USCIS press release:

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=cf6c9a6461680210VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD



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  • abd
    09-22 01:03 PM
    Cyrus Mehta Law Firm and Associates. Little expensive but worth it.




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  • masti_Gai
    10-27 10:46 AM
    Last i read was that the NON-RIR labors were being processed first compared to the RIR ones. So think twice before u take any decision.




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  • GCisLottery
    01-25 09:56 AM
    This forum is becoming a laundry list.
    (Yeah, I'm ready to be assaulted)




    Saun
    09-15 09:37 PM
    Does anyone have any names and suggestions on the best lawyers in the US? Dan19, could you please tell me which lawyer the person consulted with who got his LC approved? I have contacted Carl Shusterman and have a phone appointment with him on Monday. Any ideas would be appreciate since I don't have much time left cuz I need response to the letter by Sept 27, which is two weeks from now.

    I really appreciate everyone's input on my labor certification problem. The letter I got from the labor department is a letter with intent to deny application which means my LC is not denied yet but that they are considering of denying it if I couldn't provide evidence to explain why the job description is restrictive. On the letter however, I am not given the option to readvertise. So my lawyer plans to request for that but he said most likely the Labor department will not grant the consent for me to readvertise




    coopheal
    07-07 11:36 AM
    Form AR-11 asks for the date my stay in the United States will expire. What date should I use? Currently, I am on working on EAD (I-485 pending) and last entered US on AP.

    Note: Sorry for a duplicate thread. I posted my previous one in I-140 section. :confused:

    if you were paroled in put the date you were paroled in to. see I-94



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