Wednesday, June 29, 2011

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  • Alabaman
    10-06 08:38 AM
    This belongs to News Article Thread




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  • http404
    07-17 10:32 PM
    I got myself in somewhat of a mess here and wondering if there is any solution?

    I filed for my I-485 on June 28th and it reached UCSIS on 2nd July. I wasn't able to do the same for my wife as she was in India at that time.

    She is back now and I want to file her I-485 but my lawyer tells me I can not do that because it either needs to be filed concurrently with mine or they need to have a receipt for my I-485 which doesn't seem to be coming in the next few weeks.

    Is there anything else I can do? Anyone has similar experiences? Will a copy of my I-485 filing do?

    Thanks.




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  • Cheran
    02-15 11:42 AM
    Unless you have some specific reason, you will face tough question if you go to any other country. If it is Mexico or Canada, they are neighbouring countries and you have a point to argue.




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  • clear485
    08-21 11:50 AM
    Anybody?

    PD : 2003-Jan - EB2 (India)
    RD : 2003-Nov

    Inquired through Service Request(4)*, Infopass(12), Congressmen(2), Senator(2), Ombudsman(2), AILA(1), Letter to VP(1), Letter to FL(1), FOIA(1)....
    Only WOM is left....

    *() - No of times

    Had 8 lbs of inquiry papers, applications with me so far.....If I go for WOM then it might reach to 12 lbs.....



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  • STK
    02-08 02:01 AM
    I've received my EAD+AP and I 485 (filed, priority date Nov 05) through my husband's GC process. I currently work on H1B (3 yrs remaining on my H1B). One week ago got laid off and working with same company till end of month. While looking for new job I'm unable to decided whether to maintain my H1-B status or switch to EAD.
    1) If I switch to EAD and husband has problems in I485 approval, can I switch back to H1B for remaining time or do I fall under H1 cap and start from beginning.
    2) Should I transfer to H4 before leaving job and then look for new job with EAD to save remainder of time on H1B which I can use if something goes wrong with EAD.
    3) Would it be safer to get H1B transfer to new employer and forget EAD till husbands I-485 gets approved.
    4) If I get a job on EAD, do I've to file something with INS to let them know that Im not working on H1B. If getting back on H1B from EAD, do I file regular H1B application through employer or process is different if you get back from EAD to H1.
    Please help!!!!!! lay off from work is enough stress. I thought EAD would make life easier but more options means more confusion:confused:




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  • softcrowd
    06-17 07:50 PM
    I & My wife are working on H1-B visas currently. We two simulataneously started our Greencard process with our employers.

    Both of us have a priority date of Sept 2006 & our EB category is Eb2. Both our labors got approved & applied for I-140s. My wife's I-140 got approved recently (from TSC) while Mine is still pending with NSC (Nebraska dates are behind).

    A couple of months back, my current employer offered me a pre-aproved EB3 labor (from April 2004) & asked me to apply for I-140 (Substitute). He told me that once approved, I can port this EB3 2004 priority date onto my Eb2 I140. I applied for the same in premium processing, subsequently got an ability-to-Pay RFE and employer is working on providing audited financial statements from 2004.

    Overall, we have 3 I-140s between me (2 pending) & my wife (1 Approved). Now that everything is current which one should we pick for applying I-485....This has become a big puzzle for us.

    Here below is a snapshot of our status:

    Me - EB2 (Sept 2006) - I-140 Pending
    - EB3 (Apr 2004) - I-140 Pending (got RFE)

    My wife - EB2 (Sept 2006) - I-140 Approved

    Here are the options we could think of -

    I know, the safest way is to apply I-485 to my wife's approved I-140. But with the DHS's forecast that retrogression is going to be back anytime around Spetember of this year, I am not sure if applying 485 based on a year 2006's date is any useful!! (We get EAD but we may be struck for years to get the green cards).

    Is there an option for both of us to apply for I-485s (I will be dependent on my wife's application & my wife would be dependent on my application). If possible, this option gives us a safety net & also helps us in picking up the best. I know at some point, we have to choose between either of the I-485s but hopefully in a couple of months, we get clarity when both my I-140s are approved.

    Or is it possible for me to apply for AOS on my pending EB2 2006 I-140 and then once my other Eb3 I-140 is also approved, Can I port the PDs while my I-485 is pending??

    In essence, I am trying to find out a way to take advantage of 2004 Priority date I have (assuming Eb3 I-140 is approved).

    Could you please help out, if you have any ideas!!



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  • immi_enthu
    08-10 06:52 PM
    and more over 'weekly update' does not necessarily mean every week :rolleyes:.




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  • Blog Feeds
    09-01 10:00 AM
    Hunton Immigration and Nationality Law Blog Has Just Posted the Following:
    The U.S. Department of State has confirmed that contractors on a pre-approved list (http://www.huntonfiles.com/files/webupload/Immigration_DOS_KCC_Approved_Auditor_List_Aug_2010 .pdf)at the Kentucky Consular Center (KCC) are now auditing approved nonimmigrant petitions -- including H-1B and L-1 petitions -- in order to verify that information contained in the petitions is correct. The audits are creating significant delays for petition-based visa applicants at embassies worldwide.

    Auditors may make a "cold call" to the U.S. employer who filed the petition, asking about the company's activities, location, employees, shareholders, etc., and may also review the company's website or use Google Earth to confirm the existence of a facility in the location specified on the petition. Contractors may also ask employers about the beneficiaries of these petitions -- the foreign nationals whom the employer wishes to employ (or continue employing) in nonimmigrant status.

    Following verification, the contractors will create new "base petitioner records" in the KCC's Petition Information Management Service (PIMS) database. Until KCC verifies the petitions and updates these records, no consular officer at a U.S. embassy abroad may issue a petition-based visa to an applicant. Consular officers are also instructed to question visa applicants further in order to determine if the beneficiary information in the updated PIMS record is correct and complete.

    Any adverse information the KCC contractor learns during an audit call may lead to denial of a beneficiary's visa application, even based on a previously approved petition, and may also affect the approvability of future petitions. Therefore, a U.S. employer who receives such a call should contact immigration counsel prior to providing any information so that (a) the auditor's name and credentials can be compared against the approved list (http://www.huntonfiles.com/files/webupload/Immigration_DOS_KCC_Approved_Auditor_List_Aug_2010 .pdf); (b) counsel can be present on the call; (c) the employer can prepare adequately by reviewing the petition; and (d) the call can be documented appropriately.


    http://feeds.feedburner.com/~r/HuntonImmigrationAndNationalityLawBlog/~4/hh_pmij8WeY



    More... (http://feeds.lexblog.com/~r/HuntonImmigrationAndNationalityLawBlog/~3/hh_pmij8WeY/)



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  • aachoo
    08-21 04:12 AM
    Do I have to pay for my green card again if the INS made a mistake on my birthday? Need to know if there are any under the table jobs in Lake Havasu City,AZ. My green card expired in 2004. I have an AZ license and a social security card. Can I work with expired card? Please help!

    Sorry not sure you will find advice or support here- This is a LEGAL immigration site.
    -a




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  • dealsnet
    11-04 09:46 AM
    Why you are giving news about illegal immigration. IV is for legal immigrants.
    Don't confuse this issue with ANTI-IMMIGRANTS.



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  • mike
    12-16 11:29 AM
    I am using swift 3D and am having trouble achieving my goal. I want on of my objects to go through 2 regular spins while the other object goes through a different regular spin. I have no problem ungrouping them or assingning the original spins. I then moved the keyframes to half of what they were defaulted to in my object that I want to go twice around. But now I cant copy the keyfames or add another spin onto the end. does anyone even know what I'm talking about let alone how to solve my problem? Thanks

    mikeskott@yahoo.com




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  • Swati Solanki
    10-04 04:08 PM
    Mine was received on 18th july too by R Cook. No news yet! Did anyone's cheque got cashed out?



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  • jdshah
    08-04 11:55 PM
    My wife got EAD card while she was on H-4 (I am on h-1). She used it for few months. She got RFE for 485 for visascreen (for nurses). It looks like she will not be able to produce the visascreen certificate within the RFE date and after grace period (33 days after denial notice of RFE).

    Now when she gets the denial notice for I-485, subsequently, the EAD status becomes invalid. in this case, what will be the staus?

    H-4 or no staus?

    Upon the denial, do i need to reapply for H-4 status or she gets the h-4 status automatically since she has H-4 and EAD evan though she used EAD in the past.

    Currently on passport, the H-4 status expires on Feb 08.




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  • neeidd
    11-12 04:39 PM
    Where do I look for that in my profile?

    Thanks
    Pappu,

    Could you please tell me what I am supposed to do ?

    Thanks,



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  • Maverick_2008
    04-14 03:32 PM
    Friends, here are my details:

    EB3, India
    PD: Feb 03
    140/485 applied concurrently on July 23, 07 at TSC
    140/485 Notice Date (from TSC): Sept 17, 07

    Now, initially TSC had a processing time of 6 months for 140. They then changed it to a specific date later on. As of March 15, 08, it's about Aug 15, 07. Following the last few months' trend, my observation is that I might hear about my 140 sometime this month. However, it's just a guess - it might take longer.

    When I call the USCIS (or even my attorney), I'm usually told that the dates on the site are just an estimate and even if my case is outside of the processing time according to their own web site, I can't speak with an immigration officer or do anything more about it. Is it true? I mean, say if I don't hear about my 140 this month at all and if the TSC processing time for 140 marches ahead well beyond Sept 17, 07 (my notice date), I can't even speak with an immigration officer?

    Thank you.

    Maverick_2008




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  • indigo10
    10-14 01:35 AM
    My company filed an I-140 in December 2009. The petition (an EB2) was APPROVED in May 2010. A month or so later, I was laid off but BEFORE the I-485 was ever filed. As far as I know, the I-140 has not been revoked. What are my potential options here? Can I find a new employer to file a 485 provided the new job is similar to the I-140 petition or do they have to start the whole process again?

    The new employer needs to apply new labor and I-140. However, You can keep your priority date based on your previously approved I-140.
    In short, Your place in line is not changed but the process must start from beginning.



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  • eyeswe
    05-15 09:05 AM
    Dear Sir/Madam,

    I am probably a unique case. I have a H1B that expires in Sep 2009. I work for a strategy consulting firm and as such advise clients on business/Ops strategy. Therfore most of the time I am on a client site. Recently, I moved my residence outside the US to UK. Given the nature of my work, I am able to commute to US every week to my client offices and then return to UK by end of the week. I sometimes have to go to European destinations and so UK actually helps.All through this I am with the same company on their US payroll (have US pay stubs, leters etc to prove). When I am in US, I stay at one of the hotels.
    My question to you is, from a H1B standpoint, do I need to do anything different, especially given I am up for an extension later this year. I have an I 140 approved which will be the basis of a potential 3 yr extension.
    Also note, that I get a new I 94 every week at the Port of Entry from the IO, so I have to believe that my case gets reviewed due to this unique situation

    Appreciate this offer of yours to help me.
    Regards
    Eyeswe




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  • goldkey266
    03-28 09:49 PM
    Friends,

    I just got my PERM approved and I am debating about next steps of my eb-3.
    it looks now that with the current retrogression the process will take 5 years. the company I am working for is not very stable and probably will be sold in the next 24 months.

    I can look for another company that will sponsor me, but even if I will find one I need to start all over again and that will throw me at least 1 year back (not to mention the money I already spent so far, which was a lot)

    What do you think




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  • testsite
    11-03 10:26 AM
    Does anyone know how receptive the ASC in Boston is to FP walk-ins? Also, is there ANY way of calling ahead of time and finding out if they accept walk-ins?




    sugaur
    10-24 12:11 AM
    I feel he will not ignore legal immigrants. There will be action for sure, as it appears. We should take this as positive when he says +ve about H1B. If he said something bad, then thats bad also for others.

    The guys a communist. " From each according to his capability, to each according to his need". Poor illegals need GC more than we do.




    arnet
    10-24 12:46 PM
    my friends travelled on AP for about 2 months and they entered without any problem and their employment based AOS is pending in NSC. nt sure abt your case, check about your situation with USCIS or with your attroney, may be your case is different.

    Disclaimer:

    I'm NOT an immigration attroney, so please consult one for your situation, as laws/procedures are changing often.



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