Thursday, June 30, 2011

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  • morchu
    05-18 11:58 AM
    True up to some extent. When filing AOS, you still "intent" to join for the exact same employment (including location), as specified in your LC. You are NOT required to take that exact employment "at the time" of filing AOS. What is required "at the time of filing AOS" is to have a legitimate intention to take that exact employment upon GC. By joining for that exact employment from anytime now, will actually help in proving the "legitimacy" of your intention (but not "required").


    My LC and I-140 was approved with my ex-employer in CA.Now I have a oppurtunity to join my ex-employer in the east coast. Will I be able to file AOS if I join in a similar role and when my PD becomes current ? The immigration lawyer of my ex-employer told me that I have to join in the same location as my LC was approved to take advantage of AOS as it is location specific. Is it true?

    Thanks
    Member of north calif
    dontation : $500




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  • winguru
    09-14 12:31 PM
    harrydr,

    It is not now. I cannot apply for I485 as PD is not current for me.
    I am asking when USCIS decides to introduce an extra step called Pre-App for I485 and for which PD need not be current.
    There was this news in early May that USCIS is planning to halt concurrent filing and introduce new Pre-App process. So I wanted to learn more about this from others...




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  • ashrock11
    07-22 09:25 AM
    Hi,

    Somewhat same situation. Can I travel after filing 485, I have not got the receipt yet. Although my H1B visa stamp is still valid.

    Experts please advise.

    Thanks




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  • kondur_007
    08-11 09:49 PM
    Hello,

    I am going to Chennai for my visa stamping and the consulate website says that I need to present the " complete I-129 petition submitted by your prospective employer including the Labor Condition Application " during the interview. Can any one tell me if the photocopy of those documents will do or do I really need to carry the originals (which I don't have)?

    Thanks

    Manoj

    You will not have originals as they are with USCIS :D:D

    Just carry copies; they rarely if ever ask for those any way.

    Good Luck.



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  • sudhakar_p_v
    05-02 11:41 PM
    Has anyone paper filed for renewal of EAD and AP together?
    I am trying to file these together wanted to know if i can fedex both the applications together in the same package.
    Please advise.




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  • REQUIRE_GC
    06-21 11:03 PM
    Me and spouse got the "Card production ordered" and "Welcome notice" emails today morning.

    Here is the journey:

    Nov.2002 - RIR Labor filed in CA
    June 2006 - Labor approved from Phily BEC
    July 2006 - I-485 , I-140 filed at TSC
    Sept.2006 - I-140 approved
    Got stuck in namecheck ( name check may be still pending )
    May 20, 2008 - RFE received for missing TB Skin test ( doctor screwed up)
    June 4, 2008 - Responded to RFE
    June 16, 2008 - Green card approved
    Now, waiting for the actual card to arrive.


    Hey Congrats!!!!!!!!!!!!!!



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  • sreedhar
    10-11 12:51 PM
    can u pls let me know ur date your application has been mailed and to which center.

    I mailed it to NSC on aug 3rd nothign yet..

    Sorry to hear that....Mine is TSC and They receieved my Applications on Aug 13, 2007. But One of My friend Filed with NSC and They receieved his application on Aug 16, 2007. His Check got cleared couple of days before.

    Thnaks,
    Sree




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  • sk2006
    06-15 12:52 PM
    I am wondering if Anti immigrants are complaining about them too...
    Like they are taking away chance from American Citizen basketball players and if they are supressing the NBA player's wages etc etc.... :D:D



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  • Blog Feeds
    08-30 09:40 PM
    This is a recent USCIS update announcing that any U.S. citizen seeking to adopt a Nepali child, whose case is not affected by the suspension of processing cases involving Nepali children claimed to have been found abandoned, should file the Form I-600 with the U.S. Embassy in Kathmandu.

    This change in the filing location for the Form I-600 petitions applies to two groups of prospective adoptive parents who are not affected by the suspension. The first group is those who received a referral letter from the Government of Nepal�s Ministry of Women, Children and Social Welfare before Aug. 6, 2010, informing them of a proposed match of an abandoned child. The second group is those who seek to adopt Nepali children who were relinquished by known parent(s) and whose identity and relationship can be confirmed.

    USCIS strongly encourages prospective adoptive parents to follow this procedure for their own benefit, based on growing concerns about unreliable documents, irregularities in the methods used to identify children for adoption in Nepal, and the resulting difficulties in classifying those children as orphans under U.S. immigration law. Please see the Aug. 6, 2010 announcement online regarding the suspension.

    Read more here... (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=1c2f48b0655ba210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)




    More... (http://www.visalawyerblog.com/2010/08/immigration_adoption_lawyer_ch.html)




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  • raysaikat
    04-08 12:39 AM
    Hi,

    I am in the US now. Can I change to F1 visa in August and get the new F1 stamping or the approved transfer as you said, when I visit my home country later some ?

    thanks again.

    My understanding is that F1 visa status is maintained by I-20 and corresponding I-94 (which would usually say D/S and therefore would be valid as long as your I-20 and student-in-good-standing status are valid), for which you need to go outside US and reenter.



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  • anantc
    08-26 04:47 PM
    Here is the sequences of Events(BE + MBA computer systems)+5 yrs experience when filed labor:
    Labor Filed Date: Oct 3rd 2003
    Labor Approved Date: Sept 15th 2006

    EB2 140 Applied: Oct 30th 2006
    485 Filed (self & wife): July 2nd 2007, Receipt Date: Sept 9th 2007.
    485 Finger Print for both(biometrics): Oct 4th 2007

    EB2 140 Query (RFE): Dec 5th 2007
    "The labor certification accompanying this petition specifies that a bachelor's degree and 2 yrs of experience is an acceptable combination
    for the position offered. Therefore, the job offer portion of the labor certification does not demonstrate that the job requires a professional holding an advanced degree or the equivalent.
    Consiquently, in accordance with the regulation cited above, the petition cannot be approved.(Title 8, Code of Federal Regualtions part 103.2(b)(8)."

    In between these dates, my H1 renewal (for 8th year) that was pending since sept 2007 was put in Premium.
    EB3 140 Applied: Jan 10th 2008
    In between this dates... EAD & Advance Parole (I-131) for my wife was applied and approved.
    EB3 140 Approved: Mar 17th 2009. But the priority date was diff on the approval notice(Aug 2004) which has given to Labor department Chicago for rectification.

    Should I go for another labor with new designation EB2 which I can port to above priority date or wait till EB3 becomes Oct 2003/Aug 2004 based on my current EB3 approval I-140?
    Also will the existing I-485 pending is fine or should I file new one for EB3?

    Thanks in Advance.
    Anantc




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  • auvrm
    08-25 01:04 PM
    My spouse currently is in H4. Is it possible to get his F1 visa stamped (with i-20 and other documents) within US? for example, in local USCIS offices.?

    Also, does getting COS (h4 to f1) approved means, we can exit and enter US without stamping in INDIA?



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  • nid
    03-18 02:37 PM
    Thanks Crazymonk.

    Does it always go to consular processing for 2nd option?

    I was more inclined towards 2nd option thinking that whether or not I get I94, if in case I have to use it, I can make a trip to India and get the stamping done?

    Thoughts?




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  • a_yaja
    11-08 02:37 PM
    Hi there.
    I plan to go on vacation in Dec to Peru.
    I also need to get my h1 stamped.
    Has anyone stamped from Peru or some South American country?

    Can you let me know if any issues.
    The embassy has a number that gives access to a service where I can schedule an appointment .. but does not allow me to speak to anyone.

    My understanding is that you can apply for H1B stamping only in Canada, Mexico, your country of residence or your home country. If your home country is not Peru or your country of residence is not Peru, you cannot apply for H1B stamping in Peru. I tried to do something similar and wanted to get my H1B stamped in Germany - but my lawyer told me that I could not do that.



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  • carlos.torres
    02-02 07:11 AM
    My fianc�e lives in Mexico and I live in the United States. We are planning on getting married this summer. As soon as I return, I'm planning on beginning the process so that my future wife could come to the United States to live with me. We plan on getting married in the Catholic Church, but we have doubts if that type of marriage is a valid one for this specific situation. We just don't want a delay in the process simply because it was a religious marriage and we want to be with each other as soon as possible. My question is: Is a religious marriage valid for this situation? Which one would you recommend: Having a civil marriage or a religious marriage in Mexico?




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  • waitin_toolong
    09-17 06:38 PM
    2...... Or Not At All



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  • CRAZYMONK
    07-30 08:43 AM
    I think if the I140 is cancelled you can't port the priority date unless. If you would have applied for I485 than that is different case.




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  • TwinkleM
    09-07 12:48 AM
    Thanx a lot Sunny1000 for your reply. I appreciate it.




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  • tejonidhi
    01-14 09:36 AM
    Itsokgc,
    only talk to Immigration information officer. if none or available then it goes to regular Contractors workig for USCIS who will say we received the Application on date Blah Blah.
    Tejonidhi




    SGP
    01-24 02:39 PM
    I have an employee who was a student and then got employment authorization. She asked me to begin the process of getting her an H1B; but then we determined that she really wanted a green card. Can I use the LCA I got for her H1B to apply for her I-i40?

    As far as I know you cannot. There is a free attorney call on this Thursday Jan 27 @ 9PM EST. Pls send your question to ivcoordinator@gmail.com and Prashanti (attorney) will give you the correct legal reply.

    ________________
    If you will be benefited by �I-485 filing without current priority Date�, please vote YES on the Poll.
    Then please send an email to ivcoordinator@gmail.com with subject - "I485 filing without current PD - Impacted Member". Include your 1) IV username 2) Email address 3) Ph#, 4) State of Residence, 5)Priority Date so that grassroot efforts can be coordinated. Please refer to the first post on the thread and use the flier,talk to your friends/colleagues to spread the message.We need all members to get involved




    go_guy123
    10-01 02:31 PM
    MALDEF is one organization that has openly talked on piecemeal bill. Now we need to see
    other allied groups like La Raza come to the same conclusion.

    Till then EB2/3 reform will have to wait.



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