Tuesday, June 28, 2011

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  • redgreen
    03-15 09:38 PM
    concurrent filing means filing of I-140 and I-485 together not two I-140s.

    why do you want to put false data on your profile? such as EB1 at Perm stage with 2000 priority date?
    Are you trying to mock all the IV members? Or just being silly?

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  • pointlesswait
    10-07 04:38 PM
    to port ur PD u shoudl have ur 140 approved from the first filing!
    You can port PD only by sending in the previous approved 140 with the new 140 and request for interfiling!

    gurus will correct me if i am wrong!

    First time I applied Labor Certification (LC) in 2004(pending, not approved or denied) and second time I applied on PERM without porting the first Labor application date with same company, same catagory(EB3) and same job description which approved with PD Feb 2006. I applied 485 on july last year when all PD were current.

    Question: Can I port my PD from the first Labor application date now.

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  • newworld
    04-06 11:36 AM
    WASHINGTON - Senate Republicans and Democrats closed in on a last-minute compromise Thursday on legislation opening the way to legal status and eventual citizenship for many of the 11 million immigrants living in the United States illegally.

    Sen. John McCain, R-Ariz., said he had been assured President Bush supports the measure, and would publicly say so later in the day.

    As outlined, the measure would provide for enhanced border security, regulate the future flow of immigrants into the United States and offer legalized status to the millions of men, women and children in the country unlawfully.

    "We've had a huge breakthrough" overnight, said Majority Leader Bill Frist, R-Tenn.

    Not done deal yet
    Sen. Harry Reid of Nevada, the Democratic leader, agreed, but cautioned that the agreement had not yet been sealed.

    Even so, the presence of both leaders at a celebratory news conference underlined the expectation that the Senate could pass the most sweeping immigration bill in two decades, and act before leaving on a long vacation at the end of the week.

    The developments marked a turnaround from Wednesday, when it appeared negotiations had faltered. The key sticking point involved the 11 million illegal immigrants in the country, and the struggle to provide them an opportunity to gain legal status without exposing lawmakers to the political charge that they were advocating amnesty for lawbreakers.

    While final details were not available, in general, the compromise would require illegal immigrants who have been in the United States between two years and five years to return to their home country briefly, then re-enter as temporary workers. They could then begin a process of seeking citizenship.

    Illegal immigrants here longer than five years would not be required to return home; those in the country less than two years would be required to leave without assurances of returning, and take their place in line with others seeking entry papers.

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  • Euclid
    06-29 11:59 AM
    answers in blue


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  • jags_e
    07-09 08:12 PM
    This is a worthy next step...

    I think this is great!!!

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  • reapit
    08-08 02:55 AM

    I needed your advise whether i have a case to file an APPEAL to USCIS granting me 1 yr H1 extension (beyond 6th Yr) instead of 3 yr extension.?

    Recently my 7th yr extension was approved for 1 year in Jul'09 with petition valid date till june'09 (date in the past) . At the time of filling the 7th yr extension, my I140 was not approved but during the processing of my h1 extension my I140 got approved and i had sent the approval copy along with an RFE i recieved in May'09.

    Let me give my case background in details.

    * LC applied in oct'07
    * I-140 applied in May'08 after LC approval
    * 6th yr on H1 ended in June 08
    * had to return India since my LC < 1 yr and I-140 was not approved
    * Employer based on an attorney's advise suggested to apply my 7th yr extension from India once my LC is one yr old (i.e. Oct'08)
    � Mar09- applied 7th yr extension based on Approved LC (> 1 yr old ) and applied I-140
    � Apr09- I-140 approved
    � May09 � Received RFE on H1 extension, replied along with a copy of Approved I-140 hoping to get 3 yrs extension
    � Jul09 � Received approval on H1X extension for 1 year with petition valid till Jun'09 (1 yr extension)

    Appreciate your advise on the same.



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  • up_guy
    02-21 10:57 AM

    Thanks for participation in this forum. I think if US consulate denies visa in Canada then if one has AP (EAD and pending Adjustment of status) then she/he can come back to US without home country. Is that right?
    I just wanted to validate my understanding.


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  • ahiyer
    09-26 08:57 PM
    I am trying to find health insurance for my spouse who is in H4 visa.

    Could you please let me know if I can buy the health insurance only for her? Is there some law which states H1B visa holder also needs to buy the health insurance along with the spouse?

    BTW, I am living in NJ.

    Appreciate, your inputs and pointers on this issue.



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  • mzafar125
    08-15 11:34 AM

    You cannot file for EAD or AP unless your get your I-485 receipt (A copy of the receipt notice needs to be included in the EAD and AP application). The EAD and AP should go to the same service center as your I-485 application. The address will be listed on your I-485 receipt notice. Pretty straight forward, you can do it yourself, do not pay a lawyer for preparing these documents. Good luck.

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  • HV000
    02-15 02:08 PM
    Some of the important recommendations have NOT been addressed by USCIS.


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  • sunofeast_gc
    01-15 01:49 PM
    Sec. 45. 2 Priority date of applicants.

    "The priority date of an alien who is the beneficiary of a petition approved by the Service to accord status under section 124 of Public Law 101-649 shall be the filing date of the approved petition, as determined by the Immigration and Naturalization Service. The priority date of the spouse or child, accompanying or following to join such an alien shall be the priority date of the alien spouse or parent. "

    As it sound to me It means PD of primary applicant will be the PD of spouse and child.

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  • funkycatspangky
    07-19 05:34 PM
    my GC application was done in 2001 via my mom who is a GC holder.

    Will IV assist in legal non employment based GC application?

    or is IV only active in employment based GC issues?



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  • delhiguy
    06-30 01:31 PM
    no one?

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  • andy garcia
    01-28 03:32 PM
    I have a original copy whereas the lawyer has the approved I140.

    Should I ask for the original or is that copy good enough?

    This is taken from the 495 instructions:
    Evidence of eligibility.
    Based on an immigrant petition.
    Attach a copy of the approval notice for an immigrant petition that makes a visa number immediately available to you, or submit a complete relative,special immigrant juvenile, or special immigrant military petition which, if approved, will make a visa number immediately available to you.

    You do not need the original at all. It is property of the employer.


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  • number30
    06-09 01:32 PM
    Yes, the only option is work on cash.

    How about not working illigally?

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  • San_Chez
    03-10 04:19 PM
    Thanks, Kodi! Any idea if that H4 wait time can be applied to offset the 1 yr LCA filing requirement?


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  • coolpal
    03-30 05:20 PM
    I should say, compared to H1B, the risks of benching on EAD are far lower.
    But I guess there is nothing concrete to prove that you are ok without pay if you work on EAD... so it's always good that your employer pay at least the labor wage if possible.

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  • redelite
    10-06 10:18 AM
    Fun fun. Congrats man! That contest was pretty fun. Good job everyone on all the smileys, thanks to all the judges and people that voted me in the top 3 and thanks to Kirupa for the contest.

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  • mlrrr
    08-24 06:39 PM
    Hi All,

    My employment based I-485 application has been pending since Aug'2004. My labor priority date is May 2003. I came to know from immigration officer from local office few weeks ago that name check process was cleared very recently. But, USCIS has responded to a recent service request as follows:

    The processing of your case has been delayed. We are currently awaiting the results of required security checks on this case. These background checks are required of all who apply for the immigration benefit your are seeking. We will make every effort to make a decision on this case as soon as security checks are complete. If you do not receive a decision or other notice of action from us within 6 months of this letter, please contact us by calling our customer service number provided down below.

    If name check is cleared what else is pending? Is information provided by the immigration officer at local USCIS is wrong regarding the security checks.

    Could you please throw some light on these background checks. What are my options. How many more years do i have to wait? Your valuable information in this regard is greatly appreciated.

    Thanks in advance,

    06-16 04:41 PM
    Hello Folks,

    I am on H1-B and have an EAD. My Dad is a builder in Hyderabad and I want to promote the apartments in US. Can I rent an office space and just do marketing without registering a business? All sales will be completed in India.

    Thanks for your advice,

    Notwithstanding the advice you get here, you should contact an attorney for legal advice. Don't act on the information you get here. You don't want to jeopardize you immigration status.

    04-07 09:12 AM
    Nice work

    :lol: poor little kid :beer:

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