понедельник, 4 июля 2011 г.

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  • Raj Iyer
    10-07 05:14 PM
    Hi:

    Assuming you qualify for a green card under EB-2, your new employer should do a PERM/ apply for an I-140 , and at that time seek the priority date of the already approved EB-3 I-140.

    During all these process, make sure that you are on your H-1B.




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  • newtoh1
    03-23 06:37 PM
    I am planning to go India.Can I leave at JFK Newyork airport and return back at chicago POE?Will it be alright?

    I heard that there are some client verification letters are asking at POE these days?anybody really faced such situation?If yes, what exactly we have to provide?

    I am just scaring by the time I return back, I will have only 2 months of valid H1B visa.Will be it alright?




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  • ameryki
    02-16 02:29 PM
    this is not consistent. I just booked appt for my in laws yesterday 54 year old but did not get 157 pop up just 156. hope this helps.




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  • manishs7
    06-15 04:00 PM
    Mine was 4 dyas.. June 1'st week 2007.
    Nebraska Service Center



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  • pappu
    06-09 10:37 AM
    I am sure IV has thought about this...

    But just curious if there are any mainstream News channels or Media that is covering or publishing anything about the IV Advocacy event and IV's agenda?

    thx

    The aim of advocacy day was to meet lawmakers. It was not really for media publicity. It was not a rally. Infact we canceled the press event that we originally planned to focus on lawmaker meetings. There are already hundreds of articles in the media on Greencard backlogs published in the last 4 years. Articles will anyways be published when there is activity in DC on this issue. Reporters contact us every now and then for stories. The most important work we need to do is meet our lawmakers in person and get relief on Immigration. We believe we have been very successful in the task of meeting lawmakers and administration officials during the advocacy days. This will help us in the Immigration reform next year. We now need to continually work on reinforcing and advocating our changes until the bill comes on the floor. You will see lots of media articles on this issue when there is any discussion on relief in the months to come.




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  • seeking_GC
    07-02 09:52 AM
    but fedex wont deliver to a PO Box right?where shd we send it in that case?



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  • mdy_tvr
    09-26 05:05 PM
    Yes. UR Lawyer is correct. U have to just pay one single fee for 485 filing and u can file yearly extensions for EAD and AP Free till ur 485 is approved.

    Thanks.. I appreciate it




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  • haisylu
    06-16 04:10 PM
    I'm going to get married to a Divorcee and she has a son. Is there any issue in bringing her son as my dependent. Currently I'm on L1B. If so, what is the procedure.

    Thanks for your advise.

    Regards,
    Sylace



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  • snathan
    08-26 02:36 PM
    Change the I140 to premium processing. If you are at your end of 6th year and if you have less than six month in your visa, you can apply for premium processing.




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  • eager_immi
    07-18 04:05 PM
    No when ur PD is current; Yes it has effect when not current.It does not.



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  • jkays94
    04-07 06:00 PM
    While the issues being highlighted may lean towards those being termed as illegal aliens, I wouldn't be so quick to call these organizations as exclusively illegal immigrant interest groups. However it is up to one to make their personal decision whether to attend or not, if there weren't legal immigrants and citizens amongst their midst (http://www.cnn.com/video/player/player.html?url=/video/us/2006/04/01/huntington.ny.immigration.rally.cnn) (see linked interview), no one would listen or take note, one thing is certain though, we're now in the same boat given the bill has been thrown into uncertainity :

    The National Capital Immigrant Coalition – a coalition of immigrant, labor, faith, civil rights and business community groups in the metro, Washington, DC area – and allies around the nation, developed the concept of a National Day of Action. These appear as their objectives :

    Congress should pass real, immigration reform that:

    1) respects our values of fairness, hard work and family

    2) provides a clear path to earned citizenship

    3) fixes America's immigration system to make it safe, legal, and orderly

    4) unites families

    5) ensures workplace and civil rights protections for everyone




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  • vvenkat007
    09-19 08:53 PM
    Hi Friends,

    My brother is finishing his BDS in India this year. I am planning to bring him to US for the studies in USA. Could you please help me on what he needs to do to enter here and are there any hurdles. I am new to USA too so don't know much about the ways so trying to find out. All I heard is unlike engineering its difficult to come for medical studies to USA.

    Thank you for your help and support.



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  • snathan
    03-19 03:27 PM
    Hi Sir,

    I have a question regarding H1B transfer and should I go premium processing or not?

    Here is my case:

    I was laid of from Company A (not consulting) last week. I have all my past pay stubs. That was total shock to me and got me off-guard.. It took me few days to find a consulting company B which is willing to transfer my H1B.

    As any big company, A is quite prompt in sending revoke letter so I would assume they would be already doing it by now. Company B will be sending transfer papers tomorrow(Friday) or Monday.

    My question is should I go with Premium Processing or not? I just dont want to take any risk where USCIS denies my case. Is premium processing going to help me here or not.

    Thanks a lot in advance.

    Regards.


    Dont you think the PP will give you much faster results, peace of mind and you don’t have to wait anxiously for months...




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  • zCool
    12-18 04:41 PM
    You can't.. It's very risky and not worth the trouble.. I tried and got denied.



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  • kirupa
    07-25 01:34 AM
    Added! :)




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  • jchan
    03-23 09:00 AM
    Hi Elaine, I have a similar issue. I work for a consulting company, the company headquarter is town A (the same with LCA location) and I have been working for client in town B since several years ago. I have asked my employer whether I need to get an H1B amendment, my employer said since town A and B belong to the same metropolitan statistics area and are within commutable distance (9 miles), there's no need to do amendment. Should I be worried with the new memo coming out?

    appreciate your answer.



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  • tdasara
    03-20 12:04 AM
    Well a company can be sued for any reason. I do not control the day to day activity apart from IT stuff.

    My question specifically, if the company is sued, since I am a minority owner will I have to do rounds in the court appear before a judge etc..will I be summoned! Or only the executives majority shareholders are summoned.

    (No I am not talking about a body shop and this is a small financial firm)




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  • Blog Feeds
    07-20 04:00 PM
    The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs. As of 07/16/10, USCIS receipted 30,154 petitions, toward the 47,000 beneficiaries target for the second half of the fiscal year. This count includes 28,539 approved and 1,615 pending petitions.

    There is a statutory numerical limit, or �cap,� on the total number aliens who may be issued a visa or otherwise provided H-2B status (including through a change of status) during a fiscal year. Currently, the H-2B cap set by Congress is 66,000 per fiscal year, with 33,000 to be allocated for employment beginning in the 1st half of the fiscal year (October 1 - March 31) and 33,000 to be allocated for employment beginning in the 2nd half of the fiscal year (April 1 - September 30). Any unused numbers from the first half of the fiscal year will be made available for use by employers seeking to hire H-2B workers during the second half of the fiscal year. There is no �carry over� of unused H-2B numbers from one fiscal year to the next.

    The H2B visa is available to employers of foreign workers not working in the agricultural field. This visa is only available for work that is temporary in nature. For H2B purposes, that means:
    * Recurring seasonal need;
    * Intermittent need;
    * Peak-load need; and
    * One time occurrence.

    The employer must also prove that there are no unemployed US workers willing or able to do the work. This is established through the state's employment agency using a labor certification process. This process requires a recruitment campaign, including advertising in a local newspaper for available temporary workers. The duration of the visa is limited to the employer's need for the temporary workers. The maximum authorized period is one year. However, the employer may extend the duration of the visa up to three years -- but with a very close watch from the immigration authorities.





    More... (http://www.visalawyerblog.com/2010/07/san_diego_immigration_attorney_28.html)




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  • factoryman
    06-21 05:43 PM
    My thinking was : I think it is small (citation and fine); so, you can ignore it.


    Thanks for reply
    How can I find was it for misdemeanor or battery or felony?




    prabhakarm22
    11-04 02:17 PM
    I moved to a new company and yet to receive my I-797 approved from INS. My old company visa is valid till May 2010. If they have not revoked it can i still travel out of country and come back?

    What will they ask me in port of entry?

    Thanks




    bos_guy
    08-03 03:42 PM
    I was on CPT ( Curriculum Practical Training) a 17 month extension of work authorization which exprires on October 19. During this time I had applied for H-1B and was approved. My H-1B visa was to take effect on October 1. But I was laid off a few days ago. Could anyone help me with any suggestions? I'm still on a F-1 visa. Can I apply for work at a different company and if hired can I begin work immediately even though my CPT was approved for a different company? What about my status? Any help would be greatly appreciated.



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  • lj_rr
    07-08 06:23 PM
    So how do we got about claiming these using the codes mentioned.What is the procedure?




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  • fasterthanlight�
    05-16 04:20 PM
    Font could definately use some work. I'm so sick and tired of times new roman being everywhere. The only thing its good for is essays.




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  • sriswam
    11-30 01:59 PM
    I havn't gotten mine yet. Filed on Sept 11th at VSC. Check seems to have cleared though -according to the Attorney. However I guess the delay in my case is the exception rather than the rule.




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  • yabadaba
    03-24 01:54 PM
    Can anybody help me out with regards to what documents need to be sent to the canadian embassy in newyork for a TRV (visitiors visa)?

    Any one with any insight on how long does it take to get it back?



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  • kannan
    11-17 04:51 PM
    My I 94 was valid only till Feb 20 . I am worried now will it be a problem ?




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  • rsayed
    02-21 03:38 PM
    Hi

    My husband does not have an H1 stamp in his passport even though he has been in status since he did not go to india,right now he has got 3 yr extension on the basis of an approved I-140 petition,we are going to india to get our visa stamped next month.

    Can anyone advise me whether not having a previous H1 stamp in the passport will create any problems for us in getting stamped now.He was on an L1 visa before converting to H1,he has not gone to india since 2002.

    kindly advise

    I don't foresee any issues - Remember to have all documentation pertaining to the L-1 visa, which he originally entered the US with.

    Also, any letters from previous employer(s) stating his employment period, with title, salary, etc. should be helpful (though, not needed).

    From what I think - he's visiting the consulate to get his H-1B stamped and as long as he has all the documents required for the H-1B visa stamping, he should be fine.

    GOOD LUCK!!!



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  • injrav
    03-21 01:51 PM
    Thanks you. The minimum donation online is $50. Yo have to scroll down for one time contributions, below to the 6th or 7th one in the dropdown.

    Thanks for quick reply

    I donated 50$ through pay pal.

    Your receipt number for this payment is: 46xx-xxxx-xxxx-0287




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  • kirupa
    09-29 09:12 PM
    Hi psychman!
    In a nutshell, you can't because WebClient cannot access the file system. One thing you can do is install a web server on the machine - IIS, Apache, etc. Would that be something you would be interested in doing?

    Thanks,
    Kirupa



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  • hibworker
    09-15 07:10 PM
    Visa bulletin date is set to April 01 for Oct 09 bulletin. For Sep 09 bulletin, EB3 is U




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  • yabadaba
    10-19 09:04 AM
    its applicable to everybody...if ur victim of a crime...u can get gc too.



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  • LondonTown
    12-04 03:20 PM
    First of all if it is PP you will get possible approval in few days.
    It may not be a good idea to go for stamping with only 3 months remaining on I-797; and these days they are also issuing 221g left and right.




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  • pa_arora
    09-05 01:09 PM
    I am sorry if this has been asked 100 times before and would appreciate if someone can provide a linky.

    Is it okie to have gap between AP renewals or is it a problem?

    Thanks
    -p



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  • chanduv23
    04-26 09:52 PM
    Hi guys,

    Some of may think "Wait for the actual letter to come" but I feel too nervous and just want to share my thoughts. I applied for EB5 and my I526 was approved. Then I applied adjustment of status and got an I485 RFE. Have not got the letter yet but got the email that my case is on hold right now. Can you tell me about the RFE? Is that common? Is that the first step of denial? I'm so nervous right now. I will write what they are asking when I got the letter which I'm expecting on Tuesday or Wednesday. Thank you very much.

    These days people are figiting wrong ful denials through MTRs. RFEs are common and one does not have to worry about RFE. Just wait for your letter and respond accordingly. There is no "first step" for denial - if your case is approvable it gets approved - if not it gets denied - period.




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  • smartboy75
    08-05 11:33 AM
    Some more information on this....I just spoke to another CSR @ NSC and asked her about Extended review....she mentioned that it is a normal process and that they have various agencies involved and that they r waiting for response ...did'nt mention what the agencies are or what is it that they r waiting on....also I asked her if I should take and INFOPASS appointment to find out more....she said that would'nt be of any help cause they will also not be willing to tell me more.....

    She said wait for about 90 days and if you still don't here from us ..give us a call and we can then take it from there....

    I guess I am going to stop worrying and expecting any results soon...lets just wait and see....

    will keep u guys posted...

    Cheers



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  • stillalone
    12-16 09:28 PM
    Is there way to verify whether it is running illegally or not. As far as i know it is not operating illegally, but to be on the safer i would like to verify it. Any .gov website to verify?




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  • Blog Feeds
    12-19 01:00 PM
    Immigration Visa Attorney Blog Has Just Posted the Following:
    Jon and Kate Plus 8, the once-popular TLC reality program about the Gosselin family, their twins and their sextuplets is kaput. But that's old news. Today, the Gosselins officially closed the chapter on their 10 year marriage with the announcement their divorce becoming final.

    Divorce is always difficult. Kate says she looks forward to her future. No word from Jon...yet. For the Gosselins, they can and should move on.

    But what if Jon or Kate were immigrants? What if Jon or Kate faced deportation because their marriage failed? If Jon or Kate had been granted a greencard based on their marriage, what would happen to them once their marriage ended?

    This is an immigration concept called conditional residency. We represent many individuals who apply for permanent residency through their marriage to a US citizen. These are usually great cases because we are helping happy new couples stay together, and "move forward" in their lives. But what happens if the happy couple separates or divorces? In the worst scenario, USCIS will revoke or terminate the foreign spouse's conditional residency, leaving the spouse vulnerable to deportation proceedings, standing alone and at best, with competent immigration counsel at his/her side.

    In revoking conditional residency and initiating deportation proceedings, USCIS looks into the nitty gritty details of what happened in that marriage, was the marriage entered into for the immigration benefit rather than purely for love? Who's fault was it that the marriage ended? And could you (the foreign national) prove it? Imagine the reality show going behind the scenes to investigate, whether it was Kate's nagging that led to the failure of the marriage, or whether Jon's alleged affairs were the actual cause of the breakup and divorce. And would you feel comfortable knowing that USCIS is your final arbiter? If you married, got conditional residency and are now in divorce proceedings or separated from your spouse, think about calling Fong & Chun, LLP for a free consultation. ---ecf





    More... (http://www.immigrationvisaattorneyblog.com/2009/12/jon-and-kate-divorce-is-final.html)



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  • Ann Ruben
    02-01 09:25 PM
    As you probably realize, by transferring to another employer you will have to start the GC process all over--though you should be able to keep your May 2008 priority date.

    Based on the facts you have provided, I would say that it is unlikely your prospective employer's H-1 would be denied. However, there is never any guarantee. Premium processing usually takes 7-10 days if there is no RFE, but again, there can be no guarantee. (Note that USCIS must refund the $1000 fee if your case is not acted on (approval, denial, or RFE) within 15 days of receipt.)




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  • amoljak
    03-06 11:49 PM
    Get a "good" lawyer. Someone who knows which tax documents to submit, where you and your wife needs to sign and someone who checks your forms before sending them to USCIS.

    If you post your location here you will get good references.




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  • andycool
    06-24 04:22 PM
    My spouse submitted her EAD e-filing application 2 months back. How long does it take to receive the finger printing appointment notice. Kindly advise.


    My wife applied for EAD on April 1st - Never received FP , on may 12 received rfe for Photos..


    I e filed my EAD on April 26 - got FP notice on april 30


    Hope this helps

    Thanks




    kerz
    11-15 09:12 PM
    Hi All,

    I hold different administrative and accounting responsibilities in my company. My company can't sponsor me as an accountant, because I don't have too much experience.

    Are there any other occupation which can fit my responsibilities to get an H1B visa?


    Thank you for your help.




    gc_chahiye
    10-11 10:49 AM
    H1 processing for 2nd time : First 6 yrs on H1 over!

    My 6 yrs of stay on H1 gets over in November 2007. I have not applied for GC. I know that I need to stay outside the US for a period of 1 year before starting a new H1. I will be going back to my country in November.

    Can I find a company which will apply for H1 for me in April 2008 and enter US in Nov.2008 (after I complete 1 year stay outside the US)?

    Am I eligible to apply immediately in April 2008? Or do I need to complete 1 yr of stay outside the US before even applying for a fresh H1?

    When will I be able to enter the US : after Nov.2008 or Oct.2009.

    Any inputs in this regard will be highly appreciated. Thanks in advance.

    AFAIK eligible to apply in April 2008 and can enter in Nov 2008.
    Since you are spending one year outside the US, and you are very keen to come back here see if you cna work for an employer that has a US office. That way come November 2008 even if you dont get an H1 (if there is a lottery again and by chance you miss out) you could still have the option to return on L1. Just a thought.



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  • hsingh82
    07-14 04:05 PM
    Can she open a business on H4 and won't need B1/B2 (I read somewhere that Canadian citizens generally come on B1/B2 to establish a business and then apply for E2)? Let's take an example, we invest 50K into a business and which employs 5-6 US citizens and also buys raw material/products from US suppliers with profit generated is 3K per month, will that be OK? Also, since she is on H4 and I am on H1 and none of us can work for the business how do we set it up?




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  • supu
    11-16 10:22 PM
    My friends company is considering to send him to Canada for some consulting assignment.
    All other people in the department are USA Citizens.
    I was wondering what Visa would my friend need to work in Canada.
    I ask , as USA citizens may have different rules than Indian Citizens , to work in Canada.
    Does anyone else have any experience with this ?
    :o




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  • enigma
    10-22 05:00 PM
    I am in Austin, I got my FP done on 10/11 in San Antonio. It was a pleasant experience if you go early. My applicatoin was reached NSC on 2nd July. Got EAD, but no AP yet.




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  • guyfromsg
    07-18 11:59 PM
    What is the best possible solution to get around different place birth on Passport and BC. Any has affidavit format for such issue please share it.

    According to chat transcript from a lawyer's site some one had the same question. The answer is "USCIS does not care much about secondary document like passport and what's in the primary document like Birth certificate is important and matters". In other words they may not be comparing the passport and birth certificate for place of birth. Just my 2cents as I'm not a lawyer.

    Hope this helps.



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  • sac-r-ten
    03-22 12:10 PM
    total time in labor with news paper advt and all buffer is 6-8 months. I140 take another 2 weeks in premium processing. so in all 9months approx. that should give further extension on H1b.
    Also even if previous I140 is revoked, you can have your PD attached to this new labor during I140 application.

    good luck.




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  • Munna Bhai
    01-25 09:19 AM
    Any more thoughts??



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  • Pallavi79
    01-13 01:41 AM
    She can get easily.
    I would like to bring my grandma but worried about her health insurance.




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  • atlfp
    04-13 09:13 PM
    http://www.nytimes.com/2006/04/13/washington/13cnd-bush.html?hp&ex=1144987200&en=5eab38dfea15243e&ei=5094&partner=homepage

    If he really wants a plan, why would he want to irritate Democrats on this issue so much? What if the house democrats become so pissed off and block the vote in the house?



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  • sbind_77
    09-04 04:52 PM
    March I applied H4 for my wife. It's still pending. She is travelling to India next month and will be back only Feb. Currently she is having valid AP till next yr and we are planning to use AP this time. If you are applying H4 not along with H1 then it'll take longer time, but you can get H4 stamping in India with your husband�s valid H1 document. You don't need to have H4 document for your stamping. One of my friend�s wife similar to your situation got stamping in India without H4 document.

    -Bala




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  • sagarmata2007
    07-18 03:36 PM
    Hello everyone and thank you IV for all your great work. Much appreciated.

    I have a (hopefully ) simple question:

    I am EB2 (had been current the whole time) and I am just now ready to file my I-140 and I-485.

    That said and considering the now new window to file (till 8/17), should I premium process the I-140? Does it even matter? Am I going to basically throw away $1000?

    I had ready that they would not even touch the I-485 till the I-140 was approved but that sounds like a contradiction to concurrent filing, right?

    Any info, tips would be greatly appreciated.

    My attorney is ready to file but I want to make sure I ask the right questions/get the right info from them before they do so.

    Thank you all once again!



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  • Michael chertoff
    10-23 07:29 PM
    hi all
    im in F2B ( LPR filing for son over 21 )
    my PD : 12-aug-2009
    ON 23-dec-2009 case has been approved , based on the Visa Bulletin currently the are processing visas for F2A with priority date before in 1- JUN i think soon " within 2 month " it will become current and thus all unused visa numbers will transfer to F2B ( spilover ) if this happen i assume i will get my paper and interiview within 2011 .
    AM I RIGHT ?????
    any insight will be appreciated

    100 % right. Have a nice weekend.

    MC




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  • madhuri_sri
    10-03 12:34 PM
    Hello All,

    I have applied for my 485 in July 2007 and I have received receipt notice for 485 application as well. I also got the appointmnet for FP. I moved to a new location and address has chaged now. If I update my address in USCIS, What are the consequences?

    I still have access to the mail in my old address as my friend lives there.

    Please suggest.

    Thanks!!



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  • priti8888
    08-02 11:56 AM
    My cousin is and was in very good terms with employer. He talked to the manager and the HR and managed to change position but not the title(on paper). If you think your PD is light years away , you can convince your company to do the same. My cousin made sure that the HR is well aware of this in case they get an RFE. If you wish, then 6 months before you think u'll get your GC-- switch to Technical position to be safe...

    All this is an issue only if you get an RFE.

    There is always a risk though




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  • return_to_india
    12-22 08:09 PM
    They should exempt PIOs from this new rules. If back from a vacation and there was an emergency back home ( within 60/90 days?), can't i take my US citizen kid to India ?



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  • vaishnavilakshmi
    10-16 02:04 PM
    I have a question regarding I-485 finger prints. Can I goto local USCIS office for fingerprints without original FP notice. I have a copy of the FP receipt notice sent by my lawyer by e-mail.

    Thanks in advance.

    Hi,

    If u have not recieved ur original fp notice and if lawyer recieved the courtesy copy of ur fp notice,u can take that print and attend ur fp appointment as scheduled.I did not recieve my fp notice by mail,but went and attended successfully my fp appointment with lawyer's copy.Just take passport and ur driver's license for photo identity.(passport only for safe side).

    goodluck,
    vaishu




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  • ras
    01-02 03:39 PM
    Any suggestions plz....



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  • kumaabh
    01-13 01:11 AM
    I would also say use the EAD.BTW do you work for MA based Tech company as they are the only technology company i know who announced lay offs.

    Yes, you are right. I work for the MA based tech company.




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  • bayarea07
    08-06 09:23 PM
    Your Priority date seems to be Dec 2005 and if i remember correctly USCIS had a memo to complete all Background Check in 6 Months so yours should have been over long time ago.
    But Again I am not a expert here and could be wrong, EXPERTS please advise

    Does any one know on an average how much time it will take to complete background check?

    My PD is current this month and there is background check pending on my case..




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  • pmp123
    11-24 03:43 AM
    I485/I131/I765- Applied on 10/15/2009
    Notice Date of Receipt - 10/16/2009
    Biometric FP Appointment letter Received - 10/27/2009
    Bioemtric/FP Done - 11/18/2009
    EAD Card production Order - 11/18/2009
    Soft LUD on I485/I131/I765 - 11/19/2009
    AP Approval Notice Sent email - 11/23/2009
    EAD Approval Notice sent email - 11/23/2009
    EAD Received - 11/23/2009:)




    I_need_GC
    08-27 11:42 PM
    If I was in your shoes I would not file unemployment benefits because our sole purpose for filling or evening being in the USA is because we have a job or job offer. I would get an odd job and make ends meet. Filing Unemployment might come back to bit you later.

    It is my Opinion, I can't support the argument with any facts but it makes sense not to file.




    ItIsNotFunny
    04-19 10:33 AM
    I totally agree with you. I hope date will move fast now since there is not enough people in 2002-2003. I hope this will be same for India and china too. Let`s hope for the best.

    Nice poll. Can we have some modification as India and China has much difference in retrogression.