Wednesday, June 29, 2011

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  • veni001
    09-07 11:29 AM
    Hi,

    Currently I am in US in H1B and my I-94 is expires in Sept 30 2010 and there is an extension filed for my H1.

    In the mean time I want to file I-130 and I-485 based on my brothers citizenship.
    Whether the status will change before sept 30 2010? Also if I leave US whether the application will be still valid and how much time it takes to get an approval for both?

    Thank You,
    Anil


    Family 4th preference is retrogressed by a decade ( or two if you are from Philippines), so you may have to wait another 10 years to be eligible to file i-485.:confused:





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  • Steve Mitchell
    December 1st, 2003, 01:18 PM
    Here's the press release for the new Leica Digilux two.

    http://www.dphoto.us/modules.php?op=modload&name=News&file=article&sid=69&mode=thread&order=0&thold=0





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  • Blog Feeds
    10-15 06:30 PM
    Foreign nationals who have stayed in the United States after the expiration of their period of authorized stay or are present in the United States without being admitted or paroled are unlawfully present in the U.S.

    If more than 180 days but less than a year of unlawful presence accrues, then the foreign national is inadmissible for three years (three year bar). Foreign nationals who are unlawfully present for one year or more are inadmissible for 10 years (10 year bar). If a foreign national has accrued unlawful presence in the United States, then they are deemed inadmissible and illegible to re-enter the U.S. for either the three year or 10 year bar from the date they leave the U.S.

    There is a waiver available for the unlawful presence ground of inadmissibility. Essentially the waiver will waive the three and 10 year bar of inadmissibility. The waiver is only available to foreign nationals with a U.S. citizen or lawful permanent resident (LPR) spouse or parent. Children are not deemed qualifying relatives for the waiver. The first step in the waiver process is for the foreign national to attend an immigrant visa consular interview in their home country. Once the consular officer deems the foreign national is inadmissible and a waiver is available, the foreign national will then file the waiver (form I-601, with the applicable filing fee) and establish there is extreme hardship to the U.S. citizen or LPR spouse or parent if the foreign national were not allowed to return to the United States. The waiver request is discretionary and extreme hardship is only one factor the officer will consider.

    Certain individuals do not accrue unlawful presence and are not subject to the three or 10 year bar. For instance, foreign nationals under 18 years of age do not accrue unlawful presence.

    For more information on the waiver process, and extreme hardship, please call Kraft & Associates at 214-999-9999.



    More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/4VwzqcGxyMc/)





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  • tinamatthew
    07-17 10:49 PM
    I only know information about I-485 filing but do not know what to expect after it is filed?

    Can someone tell me what to expect after things are in place? Like expecting Receipt date, fingerprinting - how many of them, what to look for and what to watch out for etc. A consolidated discussion may help many who are unaware of the system.

    Who will get such information, lawyer or the applicant?


    In normal circumstances (without the floodgates open) you would get a receipt within 2-3 weeks after the application is submitted. Fingerprinting happens soon after (still within a month). Then you get an EAD first, then the AP. In all this your lawyer will be informed as well as you. Sometimes your lawyer gets to hear first b4 you.

    ...Wait for approval of i-140 depending on date they are processing at NSC. Hope this helps. this is my 2 cents



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  • rweworld1
    06-01 04:15 PM
    Hi,

    Recently I have received following mail from USCIS that my case is transferred to NBC. How it's going to effect my case process? What could be possible reason that it transferred to National Benefit Center? IS NBC faster or slow?

    Here is email :

    -----------------
    Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: This case has been sent to another office for processing because it has jurisdiction over the case.

    On June 1, 2009, we transferred this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our NATIONAL BENEFITS CENTER location for processing because they now have jurisdiction over the case. We sent you a notice of this transfer. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done. This case has been sent to our NATIONAL BENEFITS CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

    If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.

    *Current processing times can be found on the USCIS website at www.uscis.gov under Case Status and Processing Dates.
    *** Please do not respond to this e-mail message.
    --------------------

    Thanks for help,

    R We





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  • FinalGC
    11-18 05:06 PM
    I believe what you need to show is the company's P&L statement with revenue statement, and not just $7000 in profit. if the company has a revenue of $1mil or more, it should be fine, if less then it needs to show how many employees it had and what profit or loss it made....it should be at least $1.0 profit, rather than a loss.



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  • lvgc
    01-29 06:00 PM
    Here is my situation:
    I-485 is pending
    H1 Visa will expire on Feb 26, 2009 (extension has been filed but have not received the receipt notice). Company will not file for premium processing due to budget cuts.
    I have an EAD (valid until 2010) but did not renew my AP (expired this week).

    I am going out of the country and will return on Feb 22, 2009.

    Will there be any problems at the port of entry? Has anybody come back into the country with little time left on the H1B?

    Thanks





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  • nomadlhr
    09-27 04:38 AM
    Incase there was adelay in degree due to backlogs what information has to be entered in section 17 DS-157
    enlisting of all educational institutions attended" section on DS 157 form, I completed my degree late due to backlogs .i.e. I was supposed to complete it in 1996-2000 but I completed it in 2005 due to backlogs and since I had started a job already during my studies.

    Now i am confused weather I shall put 1996-2006 or 1996-2000 on dates of attendance of my university in DS 157?

    Please help !
    tks
    Nomad



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  • veni001
    12-23 03:11 PM
    Why so quiet today?

    Where is the holiday spirit?

    Not even any joke?

    Holiday "spirit" is in the bottle and that is what every one is enjoying during this holiday season:D





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  • Blog Feeds
    12-22 02:30 PM
    Dallas-Fort Worth Immigration Lawyer Has Just Posted the Following:
    Effective January 4, 2010, the U.S. Department of Health and Human Services, Center for Disease Control and Prevention (HHS/CDC) is removing HIV from the list of communicable diseases of public health significance and references to HIV from the scope of medical examinations for foreign nationals.

    Until the rule goes into effect, non-citizens who are HIV-positive cannot be admitted into the U.S. unless the U.S. Department of Homeland Security (DHS) grants a waiver. Once the rule goes into effect on January 4, 2010, HIV infection will no longer be defined as a communicable disease of public health significance, immigrant visa applicants who are required to undergo a medical screening exam will no longer be tested for HIV, a waiver for entry into the U.S. will no longer be necessary, and HIV-positive visa applicants will not be found ineligible for visas under Section 212(a)(1)(A)(i) of the Immigration and Nationality Act (INA). Although foreign nationals with HIV who apply for visas will no longer be ineligible under INA Section 212(a)(1)(A)(i), they still must overcome the public charge under INA Section 212(a)(4) by demonstrating to the consular officers that they will have the means of support in the U.S. and that they will not need to seek public financial assistance. Please visit CDC’s Web site (http://www.cdc.gov/ncidod/dq/laws_regs/fed_reg/remove-hiv/final-rule-hiv.htm) for more information.





    More... (http://dfwimmigrationlaw.clarislaw.com/immigration-news/rule-change-on-cdc-list-of-communicable-diseases-of-public-health-significance.php)



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  • Pallavi79
    06-11 03:27 AM
    Some where I read that, it is common to get marriage certificate RFE, If you were married less than 2 years ago.





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  • s_kary
    05-12 02:04 AM
    Hi,

    I have a PERM approval in EB2 with PD Sept 2005, and I140 approval few days back. I will be entering my sixth year in H1 shortly, wanted an advice whether to go for 3 year extension or 1 year extension, are there any demerits of 3 year extension with respect to H1 transfer in case of layoff, etc?



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  • ivx
    03-15 10:19 AM
    Murthy.com posted this topic

    Proposed Changes to I-129 Would Affect H1B & Other Employers
    MurthyDotCom : Proposed Changes to I-129 Would Affect H1B & Other Employers (http://www.murthy.com/news/n_cha129.html)

    I believe this topic hasn't been discussed on IV. Looks like the proposed changes are going to make lives of Consulting company employees much harder. Thoughts from IV members?





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  • shana04
    01-21 07:17 PM
    Pappu / LogicLife / Admins / Gurus on IV,

    I have a request / concern / what ever you would say.

    Please do not cirtize if you do not like the idea, just ignore and leave the thread.

    There are so many people comming to IV for other experts guidance on different things mainly on H1B status, AC21 status, AP, FP, EAD and H4 to EAD, .....

    Why don't you create a general guide lines or rules or do's and don't or QA's for each topic, so that each member or visitor who come to IV can atleast go through them before asking or posting quesitons.

    You can create a survery for different kinds of questions people / members / visitors might ask or have fore each topic before creating the thread so that we can have a pool of questions and answers for each topic from experts or attorney answered. (you might say we have recordings from attorney Prashanti Reddy, but it would be good if we have some thing which can be referred easily i.e., typed.

    These are just some of my thoughts, it can or cannot be implemented. It depeneds on IV admins/Gurus/Experts on this forum.

    Gurus, please provide your thoughts.

    Please do not ignore this though. It might become a very good guidelines/guide/rulesbook for all, not all questions might be answered but we can atleast try to cover most of the questions through survery and then create the thread for each topic.

    Good luck to all. IV is great in doing such a tremendous job.



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  • bagheera
    06-10 05:28 PM
    Hello all, please share your thoughts/advice on my case.

    Worked for Employer A from May 2004 - April 2007
    I-140 approved for Employer A in January 2007 (EB2 Category)
    Changed job in April 2007 to Employer B (my current employer).
    I-485 filed in July 2007 using approved I-140 from Employer A, and a letter for future employment.
    Employment verification RFE received in June 2009

    My lawyer advises to use AC21 and provide employment verification letter from my current employer (Employer B) for this RFE response.

    Since my I485 filing was based on future employment and I did not work for Employer A for 180 days after filing I-485, this causes some complexity.

    AC21 invocation letters typically state that you're using AC21 for switching employment after 180 days. What argument should be used to invoke AC21 in my case?

    Thanks!





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  • sshekar
    08-19 08:22 AM
    As far as I know, the 5 year wait period was until a couple years ago when the family based GC was backlogged. I got married in 2004 and had to wait until 2008 to file for GC, when my husband got his citizenship. At that time, our attorney advised this as the best course, since the priority dates were about 5 years out.
    Filing for spouse falls under 2A of the family sponsored GC and currently the priority date for 2A India is 01 Jan 2010. In my estimation, you should get a GC within 12-18 mths.
    But then again, I am not an attorney - so please consult one to validate this information.
    Hope this helps.



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  • coolyaar
    01-12 08:29 PM
    Hi,

    I want to go for a H1B stamping in Canada. I am a PR of Canada.

    I have been working with this employer since sep-06. I was on vacation from 13-Jan-07 to 13-Feb-07 in this period i was not paid as i was on personal leave. After coming from vacation I got a project on 05-Mar-07. So I did'nt have any pay stubs between 13-Jan-07 and 04-Mar-07. I was on project till 25-May-07. I was looking for a project for a while and i got a new offer from an employer in canada so i moved to canada on 15-Jul-07. So I never had any paystubs between 26-May-07 and 15-Jul-07. Now i want to go for a H1B stamping in canada.
    I have got all other H1B Visa stamping related documnets except the paystubs between (13-Jan-07 and 04-Mar-07 )
    and (26-May-07 and 15-Jul-07)

    My questions are.

    1) Can I go for H1-B Stamping?

    2) Is it compulsory to have paystubs?

    Thanks in advance for your help.

    Regards,
    CY.





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  • AZ_GC
    08-22 06:46 PM
    The answer is Yes you can switch to new employer. Your H-1 does not matter anymore as you have applied for AOS and you have a valid EAD which you can use for AC21 portability for a new employer after 180 days.





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  • nashorn
    08-09 03:07 PM
    It will make it easy to read.
    have a poll....very difficile to read each messagio





    srigc2010
    03-08 10:17 AM
    Hi Everyone,
    I did not get back any responses. So I am posting it again. Can someone please advice?
    My PD is EB2March 2005.
    My position titles are not same though the job is similar.
    My salary is 35% more
    Please advice if it is too risky to file for AC21





    wandmaker
    11-30 10:02 AM
    ElusiveCard: your application should reach USCIS on or before Nov 30th, and it should not reach before Nov 1st



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