Wednesday, June 29, 2011

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  • i4u
    01-11 09:54 AM
    Unless you are getting your mother-in-law to the US before you get your GC, it may become a factor but otherwise, it will have no issue

    -
    Disclaimer: I am no lawyer





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  • logiclife
    04-20 07:07 PM
    Thank you very very much for your contributions.

    Total contributions so far have been around 88K. See the "Action Alerts" menu on the homepage. Its updated every 1-2 days.





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  • AnalyzeThis
    05-26 12:01 AM
    Dear Experts/Lawyers,

    I wanted to ask a question about my status based on the situation described below:

    1. I entered the United States on F1 Visa in 2003.
    2. Applied for and got H1B approved, with the bottom right part attached. The visa was valid till November 2008.
    3. Applied for and got H1B extension approved, with the bottom right part attached. The visa is valid till November 2011.
    4. Never left the United States since I entered in 2003 on F1 Visa.
    5. My passport expires in the middle of 2010.

    Based on this, in order to ensure my legal stay in the United States, do I need to do anything, except renew my passport at some point of time before it expires, in terms of either having to leave the US, or go to some agency to update something? Please suggest. Thank you for your help.





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  • radhagd
    03-17 11:40 AM
    Hi,

    I�m in EB2 and My I-140 was approved September 2008 through Employer A. And I got laid off on November 2009 from EMP A, within 15 days I joined another Employer B. As per policy, employer B is not going to file GC for me. Already I spend 5 years on my H1B. I check with EMP A�s HR dept, they will not revoke my I-140 and H1B. I know AC21 is one of the options to transfer (Portability) my PD to Emp B after apply I-485.

    It would be great if I get answer the below my Question:

    1. If my PD is current, Will I eligible to apply I-485 using Employer A I-140 approved?
    2. What are the documents needed from employer A, if I want apply I-485?
    3. All my friends telling me, I can apply I-485, Is it true?

    Tons of Thanks,
    Ramkumar


    No you cannot apply I485 in company B. when your PD is current if you go back to your Company A , then company A can file I485.



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  • lostandscared
    05-13 04:48 PM
    Hi,

    I was among those randomly selected for further processing in the Diversity Immigrant Visa (DV) program for the fiscal year 2010. Since I currently reside in the U.S., I filed Form I-485 ("Application to Register Permanent Residence or Adjust Status"). Upon having my biometrics taken, I had an interview with an Immigration Service Officer at a U.S. Citizenship and Immigration Services (USCIS) office. Because of a misunderstanding, I failed to bring to this interview an original Form I-134 ("Affidavit of Support") from a sponsor. Please note that my parents and sibling recently became U.S. citizens and are willing and able to be sponsors.

    At the end of the interview, I asked the Immigration Service Officer if I can provide Form I-134 after the fact and he answered no. He made it sound as though a person gets only one chance at an interview with an Immigration Service Officer. He gave me a sheet of paper that had the following ticked off:

    "Your case is being held for file review to prepare a decision. You will be advised by mail as to a decision on your application. No additional information is necessary from you at this time, however, if upon further review, additional information or evidence is required, you will receive notice in the mail. Please respond to any request in a timely manner. Failure to do so will result in denial of your application Please allow 60 days from today's date before making an inquiry on your case."

    Questions:
    1. Is there a way I can provide Form I-134 after the fact? If so, how?
    2. If my application is denied, can I appeal the decision? If so, what are the chances of winning such an appeal and still finish adjusting my status before the DV program for fiscal year 2010 ends?

    Thank you in advance for all your time and assistance.

    Best,
    LostAndScared





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  • mljs54
    06-03 12:48 AM
    Hello all,

    My EAD expired in late April

    Prior to that, I applied for renewal but my old lawyer forgot to either include something with the application or made a typo, and it bounced back a few days ago (late May).

    I got a new laywer to re-file the EAD, however I will not get my new one in time to start my post-college job in early July, as the process takes around 90 days from what I remember.

    If I show up to the first day with a filing receipt, a written letter from the new lawyer explaining what happened, and my old EAD, will I not get the job?

    How do employers handle something like this?

    Thank you in advance for any help.



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  • mirchiseth
    03-15 11:50 AM
    Wrote too early. Found some solutions from some of the members

    http://immigrationvoice.org/forum/forum88-priority-dates-transfers-and-post-140-approval-options/16706-incorrect-priority-date-on-i-140-approval-notice.html

    http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/19981-how-to-correct-the-priority-date-mistake-on-uscis-side.html

    But since I am no longer working for the I-140 filing company, I need to find out how would that pan out..

    - Pankaj





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  • pttuanzhang
    06-02 07:51 PM
    You're right, I really admire



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  • leo2606
    01-07 12:54 PM
    LUD means basically nothing.

    I got FP done, got EAD and got Ap by October 2007. I have 3 LUDs each on mine and my wife's 485 since 01/04/2008.I just called TSC and the IO said no change in the case.





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  • mirchiseth
    03-15 11:39 AM
    As you can see for my profile my labor cert was filed in Dec 2002 and I am Eb3 India. So all these years I have been assuming my priority date for I485 processing as Dec 2002. But now it seems there is a problem.

    There have been two I-140 filings for me - first the original one which has the correct priority date of Dec 2002. Later on the company was acquired and the new company filed a successor of interest I-140 in Aug 2007. This I-140 was approved in March 2008. I have copy of this 2nd I-140 and didn't pay attention to the priority date printed on this I-140. To my dismay the priority date mentioned on the Aug 2007 approved I-140 is Aug 2007.

    I wanted to find out what was the priority date in USCIS records and I called the 1-800 number. They asked me to meet the local USCIS office so took the Infopass this morning. The local San Jose USCIS office says that they would take the Aug 2007 as the priority date :( and have told me to contact my attorney.

    As you can imagine I am quite devastated. Has anybody been in the same situation where the priority date on I-140 was different from Labor filing date? How did you get it corrected.

    Thanks



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  • Queen Josephine
    May 6th, 2005, 09:16 AM
    ...and i see an emerging tarantula! So much for the Rorschak test! :)





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  • boldm28
    06-18 09:56 AM
    Bump



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  • pune_guy
    11-20 06:22 PM
    Hi Guys,

    I am working with company A on H1B, currently on bench (no pay, all vacation used up) and no pay stub. I got an from offer from Company B and have started the H1 transfer process. I would like to know how soon can I join company B. My friend says I can join as soon as USCIS receives the H1B application i.e. as soon as the fedex delivery reciept becomes available I can join the company B.

    The lawyer from company B says I need to wait till a reciept notice is received from USCIS.

    Who is right? I want to believe the lawyer for obvious reasons (she is a lawyer) but my friend did the similar thing, he joined the day his app was received at USCIS and he was adviced so by his company's lawyer.

    A rationale to join on the same day is that when the H1 is approved it will have the start date same as the day USCIS received the app (as that is the requested start date of transfer).

    I'd appreciate your inputs.

    Thanks





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  • CRAZYMONK
    12-14 10:17 AM
    Jagadeesh,

    Which state you are in? In some states non-compete is not valid.



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  • sukhwinderd
    11-23 10:06 AM
    Legal Permanent Resident Flow by Major Category of Admission: Fiscal Years 2004 to 2006


    159,081 246,878 155,330

    again more than 140,000 issued for years 2004-2006.

    link -> http://www.dhs.gov/xlibrary/assets/statistics/publications/IS-4496_LPRFlowReport_04vaccessible.pdf





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  • VK193
    05-11 09:42 PM
    Hi. I am currently here in the US applying for AOS from a B2 to F1 visa. I sent my application on the 26th April with USPS Express mail request return reciept. My current 1 94 expired on April 28th. My return receipt from USPS says that my item was signed for on April 28th leaving me still in status but when I received my I 797 C it says that the receipt date is April 29th. I am very worried and I am wondering if this is something I should call their customer services department about. I do not want my application denied simply because I may seem not to be in status. Please help, I am very worried.



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  • Blog Feeds
    05-14 08:00 AM
    After a week full of outrage about the Arizona Immigration law, we are happy to report about an opposite spirit coming all the way from the state of New York.

    Gov. David Paterson stepped into the immigration debate Monday, saying he would create the nation's first "pardon panel" to investigate requests of legal immigrants facing deportation because of past convictions.

    Paterson, proposing the measure as the nation is embroiled in conflict over an Arizona law that critics say would encourage racial profiling, said he would pardon immigrants if they meet requirements including rehabilitation and demonstrate they're not a danger to society.

    Paterson is seeking to combat what he calls harsh and rigid federal measures that result in deporting of immigrants who have shown considerable rehabilitation. Arizona's measure makes it a crime under state law to be in the country illegally.

    Paterson said he will seek to use a governor's pardon as a tool to blunt what he called the rigid federal rules for deportation even of immigrants who have successfully engaged in a new life in America. In March, Paterson pardoned Quing Wu, an executive and Chinese immigrant who as a teenager was convicted of a smuggling.

    We hope more states will follow this trend, and focus on the real effort - Immigration reform now.

    Read more here (http://www.nytimes.com/2010/03/07/nyregion/07pardon.html)




    More... (http://www.visalawyerblog.com/2010/05/san_diego_deportation_lawyer_n.html)





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  • Dom_
    06-02 02:22 PM
    It's an XNA application, but I just can't seem to find how to just open a socket, and wait for the server to send me some data, and have a callback handle that data...
    I'm using an AsynCallback with BeginReceive on a Socket instance, but I can't seem to get it to work.

    I'm just trying to emulate the "select" function in C, or the AS3 socket events

    :(





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  • ameryki
    10-13 06:21 PM
    You did well. :-). Congrats





    toronto1999
    08-05 11:57 AM
    I enter US four times this year by using AP, same airport, but different experience. 1st, 2nd and 3rd entry was sent to secondary check. But the 4th entry, the CBP said it's unnecessary for secondary check and fill new I-94 because previous officers are new guys, don't know the rule. I thought 1st entry is definitely need go secondary check.





    gc28262
    07-19 11:55 AM
    What was the original I-140 revoked for ?
    If it is not revoked for fraud or misrepresentation, you can port.



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