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Thursday, June 30, 2011

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  • panky72
    07-25 11:32 AM
    Guys,

    Are the dates mentioned in this bulletin for new I765 applications or renewal applications?

    https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC

    Both for new and renewals





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  • tarone
    11-28 05:22 PM
    Hi,

    There is wrong priority date on my Labor Certification approval. They
    put 2001 instead of 2002 .
    It looks they apparently mixed date with some other candidate who have
    similar name as mine. They lost his case and put his priority date on mine.

    Now can somebody tell me what are my options?
    I can not file if the priority date is correct on LCA. But If I apply
    for 1-485 using this wrong date, it may be risky because if they find
    the correct date it may be problem.

    Therefore, I don;t want to take any risk, I just want to apply for
    I-140 but should I contact LABOR OFFICE to fix the date and then submit
    the application for I-140. Unfortunately Labor Office is not replied
    yet on my request to fix this issue.

    Any Advice.





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  • kirupa
    11-30 02:01 AM
    Is this a WPF application?





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  • IfYouSeekAmy
    08-21 10:13 AM
    And consider citizenship so you won't have to face these hassles any more.

    Unless it is an expired "conditional status" card, your legal status in the US in no way changes. Only the card expires and not your legal LPR status! I don't quite understand what your "mistake on birthday" comment is all about!

    You are still a legal permanent resident and can apply for a job proving your eligibility with your Social Security card and valid drivers license/state ID.

    Get a new card by filling out form I-90 with USCIS and pay the required fees.



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  • ashwaghoshk
    07-27 10:00 PM
    I am from health care industry and have a bachelors degree. My GC has been initiated under Eb3 category. We do not need the PERM process so an I 140 will be filed once the prevaling wage determination is cleared by the DOL. Recently I learnt that though I have the bachelors degree it is equivalent to the masters degree of my profession. I have a document stating the same from the board who is responsible for licensing.
    My question is that since my process is already initiated in EB3 can i also start it under EB2? Do i have to withdraw the earlier EB3 if i want to proceed with EB2? Please let me know if that is allowed or not.





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  • kpkrind
    09-05 10:54 AM
    Hello All,
    Here are my case details, please help me.

    - I am on a H1 visa through company ABC and my H1 visa and I-94 are expiring on Sep 30th 2007
    - My wife is currently on a H4 visa and she arrived in May 2007. Her h4 visa and I-94 are valid till Sept 30th 2007
    - My consulting company ABC has filed for her H1 visa and she received her H1 approval notice in May 2007 (after her arrival here) with a start date of Oct 1 2007. Since it was not a COS, she didn't receive a new I-94.
    - Since our plan was to stay together for a few more months till November, My employer(and my spouse H1 sponser) ABC has filed for my H1 visa extension and her H4 visa extension and we have received receipts for both of the applications.

    Would that be sending wrong signal to USCIS, saying that she wants to continue on H4 and not work on H1? Would that cause H1 approved petition to be cancelled or revoked. Is it true? If its going to be a problem, what are the immediate steps she can take since she wants to work?

    We were exploring ways that she can get the H1 I-94 legal status from staying within US instead of exiting the country and getting a H1 stamping right now. What steps can we follow.
    * Form I-539 which we used for extending the H4 status, could we have used the same form for requesting a change of status to H1 and since it is almost taking upto 3-4 months, would we have been granted a I-94 for H1 sometime in Nov as we were wanting? Could she stay in the US legally once this form had been filed until its approval?
    * Should the employer file for I-129 to amend the status of stay from H4 visa to H1 visa and when he should do it?

    Regards
    Prakash



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  • milind70
    10-02 02:54 PM
    Sandeep ,
    My wife applied Sept 2nd , she got it very quickly I would say less than week. I applied Sept 17th ,called them Sept 29th ,they said u should get it by this week end. Let me know whats the result of your visit. Looks like i may have to visit them if i dont get it till this weekend. PM me your result of your visit.
    Thanks





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  • dealsnet
    05-10 12:54 PM
    Your understanding is wrong. 6 years in H1B only considered. They don't count period on L1,L2,H4 etc....

    See the link.

    USCIS MEMO.
    http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/periodsofadm120506.pdf




    ALSO from A LAWYER'S SITE.

    USCIS Memo Time in H4 and L2 Status No Longer Counts Towards H1 or L1 Time - Law Firm Litwin & Associates, A Law Corporation Attorneys South San Francisco, California (http://www.litwinlaw.com/CM/ImportantAnnouncements/USCIS-Memo-Time.asp)

    As I understand, the 6 yrs time period includes the time spent on any type of H visa - H1 or H4.



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  • mambarg
    08-03 04:40 PM
    I think , you can get 140 with EB2 and then file a ammendment to 485 ?





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  • chi_shark
    08-18 11:36 AM
    afaik there is no impact on GC... EXCEPT: if there is an RFE, you have to prove beyond doubt to uscis that you have a full time job and your job duties are "Same or similar" to what is in your labor application... however, if you asked me, from a tax and liability perspective, i would recommend going for llc/s-corp/c-corp (based on your situation) instead of 1099... even 1099 can be used for good tax benefits but is not that great from a liability perspective... having said that, if you are into software development, it is likely that you will be asked to buy liability insurance... so, it all depends on your situation...

    Hello

    I am planning to work part time on 1099, just wanted to know will it impact the GC process in anyway

    My status
    Working full time on EAD with GC Employer (planning to port job and use AC21 as soon as there is any opportunity)
    485 pending since more than 6 months

    Thank you



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  • pappu
    04-06 03:35 PM
    Michele Wucker will be on MSNBC Saturday
    (tomorrow, April 7) in three different five-minute slots between
    11:30 a.m. and 1 p.m. ET debating Patrick Buchanan on immigration.

    In the past she has written favorably on EB legal immigrants. She has many spots on MSNBC lately (at least once a week).

    If you do want to receive alerts of future tv and radio appearances
    then YOU MUST SIGN UP for her "media" list by clicking the following
    link

    http://wucker.com/phplist/?p=subscribe&id=3

    IV urges its members to write to her so that she contines to speak about our plight.





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  • austingc
    04-30 03:05 PM
    Given the situation for 485 denial. AFAIK, You have an option of filing for H1B (not counted against quota) based on your B's labor approval and pending 140. Once you use the EAD, technically you don't have the H1B status to transfer or extend. Hence, it will require you to go to consulate (b/c approval will come without I94) to stamp, and start working for Company B after you return.
    thank you wandmaker.



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  • pady
    01-08 02:35 PM
    my pd IS Dec 2005 EB2, it is a 485 Interview





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  • rabbitboy33
    03-07 09:32 PM
    What does the certification look like? Is it a form?

    A lawyer is indeed handling my case; but the packet which had only the letter was sent to my employer.

    Thanks.



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  • mudigondag
    05-19 02:27 PM
    Friends;
    My EB3 AOS was filed in July, 2007.
    I have a valid H1 upto July, 2010 and my EAD expires September, 2010.
    My wife and daughter have valid H4 upto July, 2010 and their EAD expires September, 2010. Both have used EAD.
    APs are expiring in July 2010 for all of us.
    My employer has filed for H1 extension.
    I have couple of questions regarding my family�s statuses;
    1. If my wife and daughter do not want to renew their EADs/APs (or renewal gets delayed beyond September, 2010), what is their legal status in US as they don�t have a valid I-94?
    2. As they already used EADs, I think they are not eligible for H4 filing. Can someone confirm?
    3. Does anyone have experience of renewing Driving license without EAD or H4 during AOS?
    Thanks
    Venu





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  • SandeR2
    04-02 05:58 AM
    whowho! one more day and we will see the finalists :D
    I'm excited :D



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  • Prashanthi
    07-06 05:37 PM
    your employer has to update your I-9 form with the EAD documentation, you need AP for travel only, you will not be deported if you change to EAD.





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  • roseball
    07-26 09:21 PM
    Hello
    I came to us on h4 visa . after comming here i joined a university and applied for change of status to f1 and it is approved. I am planning a trip to india. do i need to go to indian consulate for f1 visa? if i have to go wat r the chances of rejecting f1 visa? if my f1 visa gets rejected can i come back on h4 visa? is my h4 visa valid? or do i need to apply for h4 visa again? and if i apply wat r the chances of approval ? please help me i am in a tough situation. please i need ur advise. thank u :)

    Since your spouse is in US on H1, do you know if she/he filed for his I-140/I-485. If so, there are chances that your F-1 visa can be rejected on the grounds of "potential immigrant" even though your I-485 is not filed. F-1 can be rejected because your spouse has shown immigrant intent which means you could be a potential immigrant as well.

    Otherwise, if you have all the documents (educational background from accredited university, bank statements, valid I-20), you should get your F-1 visa without any issues. If for some reason its denied, then you can use your current valid H4 visa to re-enter US on H4. In that case, you will again roll back to H4 status upon re-entry.





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  • jamesbond007
    10-28 03:18 PM
    Politicians are used to pander to their audience.
    All he did was to use some keywords - "strategic alliance"; "peace"; "fight terror"; "immigration reform" etc.
    He needs to list out the specific issues that he thinks are issues; and then propose a solution that would not only fix the said issue, but also prevent it from recurring.
    Broad statements don't mean anything. Everyone knows the immigration system in this country is broken. But no politician has listed out (nor acknowledged) the root causes of the broken system.

    But unfortunately, being a politician, he will not say anything that would put him in a corner.


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    rp0lol
    04-08 09:10 AM
    To be on safe side, I suggest you first get 3 yr. ext. and then change your job.

    "After job change can I use old PD ? Can I apply EB2 perm after changing job ?"

    Answer of first question, yes you can use your old PD only if your current employer (old if you change job) does not revoke it.
    second answer, you can apply in perm-eb2 with new employer as you now have more exp. (old job).


    But still check with another lawyer.





    ponnuswamyp
    09-09 01:56 AM
    I gave FP 2 weeks ahead of the scheduled date. They only checked whether I have a FP notice.



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