Tuesday, June 7, 2011

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  • andhrawala
    02-12 09:56 AM
    Mine also moved from NSC to TSC in July 2009. I applied I-485 from CA and moved to OH in 2008. But still OH and CA falls under NSC.

    The reason for the transfer might be my I-140 was filed in TSC.





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  • h1-b forever
    05-11 10:48 AM
    yes, i did receive my ead card for 2 years renewed. here is the part that every one will be surprised and will like is that, this time, they gave my ead renewal starting from the date that it will expire this year. it usually used to be from the date they process the ead renewal application, in which case, we usually use some months since we will apply 2-3 months earlier. atleast this time, we are getting the bang for the buck, since i am reasonably confident that, i have atleast full 2 years of wait to receive my GC (my pd is jan 2003). keep in mind i am a highly optimistic person for the above confidence. though the reality is i may need to wait atleast 5-6 years before i get my GC. i am not kidding and i am serious abt this.

    This is good news. When did you apply and where did you apply for EAD? Are you considering to going to DC on June 7 and 8?





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  • desi3933
    02-23 11:44 AM
    Hey,

    Thanks for the response.

    One quick clarification:

    a) COS from H4 to H1 B status, does'nt need me to go through the quota/lottery system etc. Am I right?, because I did hear this from some folks that I would *not* have to go through the quota since I originally had a H1 B visa with validity date. ?

    b) In case of my finding an opening with new employer & shifting COS back to H1 from H4, what time frame would it take?

    c) further addition to point b) what kinds of documents would I need to submit to INS for COS back to H1? any idea?

    Again thanks guys! Have a great day...

    Shivani :)

    a) Your H1 will be exempt from quota.
    b) Since you were on H1 status before, you can start working immediately after getting receipt for COS from H4 to H1.
    c) Same as any H1 petition. Also, since this is COS, you must be in valid H4 status when COS to H1 is filed.

    ______________________
    Not a legal advice.
    US citizen of Indian origin





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  • kmkanth
    08-06 07:08 PM
    LUD on I-140 on July.13.08



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  • whitecollarslave
    02-26 01:50 PM
    Guys, Sorry for my ignorance but
    I was checking vfs-usa.co.in website and in "Immigrant Visas for East & West " section, its written

    An immigrant visa allows the person receiving it to live and work indefinitely in the United States. Immigrant visas are issued based on approved I-129F, I-130, I-140, I-360, or I-600 petitions that establish a family- or employment-based relationship between the petitioner and the beneficiary.

    I have my I140 approved through a american company and my h1b is getting expired in june 09.

    According to above wordings, I can get a visa to live and work indefinitely,based on my approved I140. I have never heard about it.

    Might be some one can explain what is exactly means.

    Thanks in advance!!!!



    https://www.vfs-usa.co.in/ApplnForms/CalendarDatesFrame.aspx?param=+Vv1l5af10Fj9LRisYRG lOas6VuVWZj874VfIUoa8/i/nDTCOq948rhTtLbfrAqki7SQQWSNLLD/GVTVwV9esxn7sbFyXKFBIf+0MhxDK3lO9SX9/icHZuOj59V0yrWmbfsA8p25o30TIxXH2iKk9vG7LmdlwDBGv8D MV/ZPB+VjmunVn3/J5jOdBHdnIQXmWzpfrp/QRvDdsax0+vpHY8y9UxMiJXWBkQgbatE9DwFZgut4/12t7UswvdMDdKj9uk1Aj8HjxeTpMC8IoZ2LHA==

    Ok, so the above says that you can get a "immigrant visa" based on approved 140 (for your case). In order to get that "immigrant visa" that will allow you to work "indefinitely", you need to actually apply for the the "visa". Based on your 140, you can apply for this "immigrant visa" in two ways. If you are outside of the country, do what is called "consular processing" where you apply for a immigrant visa at a US consulate in a different country. If you are already (legally) in the US, you apply for what is called adjustment of status. The problem is that these "immigrant visas" based on 140 are in short supply compared to demand. Join the queue.

    ... so whats your confusion?





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  • meet_rayhan
    08-10 06:43 PM
    Hi,

    I have fallen through the same situation. Does any one has any estimate or any contact # to contact DOL for this kind of case? I do not have much time as my current Visa is expiring pretty soon.

    My lawyer has already sent all the information to DOL and we are waiting for response. I am in a real panic mode at this time.

    Thanks,
    Rayhan Khan



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  • txh1b
    08-18 11:15 AM
    I am not sure about e-filing. Personally, I think efiling is a hassle as you have to go for a biometric appointment while paper filing or efiling does not make a difference in terms of work/result/timeline. I would recommend paperfiling. No matter how modern the front end is, the back end is all paper based and you will leave the people working on your case with a comfortable medium that they are familiar with if you paperfile. :D





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  • ajkastar
    07-27 01:35 PM
    Receipt date was Aug 2004, RFE - required both parents names in birth certificate or affidavit will do, employer information was missing.



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  • zCool
    04-01 05:34 PM
    In simple words..
    Trying to game the internal processing of USCIS case handling is like trying to guess the weather based on daily horoscope... ! No way attorney can know that.. only reason they probably want to wait is some ulterior motive such as company trying to hold onto the employee or attorny looking for extra fees.. absent that.. I would be worried coz then that would mean attorny is incompetent and does not know which end is up..

    Here's what we do know
    I485 filing provides MAJOR benefits.
    140 processing can go on for year or so and meanwhile a lot can change in terms of Priority dates etc.
    485 filing does not begin 485 processing if 140 is pending.. that's in USCIS memos.. only same office will handle 485 so in fact it is better! coz once you get past 140.. you are home free.. as opposed to other cases where 140 evidence is being re-checked at the time of 485 approval..
    So GO AHEAD file concurrently..





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  • Blog Feeds
    07-13 12:48 PM
    I am writing the second of a multi-part series of posts on how to bring family relatives to the United States permanently. The first post I wrote provided general information on bringing family relatives to the United States. (See my post, "Can I petition for my relative to immigrate to the United States?" (http://www.californiaimmigrationlawyerblog.com/2009/05/can_i_petition_for_my_relative.html)) This post will focus on how to petition for your brother or sister to come to the United States permanently.

    In order to petition for your brother or sister you must file Form I-130, Petition for Alien Relative (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c67c7f9ded54d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD) with United States and Citizenship Services ("USCIS") along with proof that you are a United States Citizen and that you are related to your brother or sister. I will discuss the steps you must take in more detail below.

    Obtain Form I-130 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c67c7f9ded54d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD)

    You may obtain Form I-130 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c67c7f9ded54d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD), by clicking on the link in this post. At the same time that you obtain the form, you should also print out the instructions to the form. They are more detailed than the instructions I will provide in this post and provide the mailing address to where you will need to send the form.

    Proof of U.S. Citizenship

    You may prove that you are a U.S. citizen by sending one of the following documents to USCIS with your petition:


    A copy of your birth certificate (if you were born in the United States) issued by a civil registrar, vital statistics office, or other civil authority.


    A copy of your naturalization certificate or certificate of citizenship issued by USCIS or the former INS.


    A copy of your Form FS-240, Report of Birth Abroad of a Citizen of the United States, issued by a U.S. embassy or consulate.


    A copy of your unexpired U.S. passport. OR


    An original letter from a U.S. consular officer verifying that you are a U.S. citizen with a valid passport.





    More... (http://www.californiaimmigrationlawyerblog.com/2009/07/how_do_i_bring_my_brother_or_s.html)



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  • s416504
    12-02 12:54 PM
    Is this your wife's first 485 application? Any past I485 Applications? It may possible that your wife has old A# number from 2003.

    We got an RFE on my wife's I-485 requesting for copy of marriage certificate. Our priority date is August 2005 (EB2). ND is September 05, 2007.

    Anyone else in the same boat? Does this mean USCIS has began processing the 2005 apps?





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  • pradeepd
    01-23 12:39 AM
    Thanks for your response. I'm leaning more towards Canada as I can avoid travel with my baby to India.
    Do you think they might reject the case for any reasons?
    How long do I have to stay in Canada if in case it's approved?

    Thanks
    Sudha



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  • msp1976
    12-22 12:59 PM
    It is required of all irrespective of citizenship status to respond to a Jury summons. Not responding is considered contempt of court. The court can issue an arrest warrant for you..Always respond to the Jury summons....





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  • bijualex29
    03-24 12:48 PM
    I am wrong in my number. I added 10% to EB-1,2 and 3 all separately



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  • yabadaba
    05-25 08:21 AM
    SA 4114. Mr. GREGG (for himself, Ms. CANTWELL, Mr. ALEXANDER, and Mr. BOND) submitted an amendment intended to be proposed by him to the bill S. 2611, to provide comprehensive immigration reform and for other purposes; which was ordered to lie on the table; as follows:


    On page 345, between lines 5 and 6, insert the following:

    (e) Worldwide Level of Immigrants With Advanced Degrees.--Section 201 (8 U.S.C. 1151) is amended--

    (1) in subsection (a)(3), by inserting ``and immigrants with advanced degrees'' after ``diversity immigrants''; and

    (2) by amending subsection (e) to read as follows:

    ``(e) Worldwide Level of Diversity Immigrants and Immigrants With Advanced Degrees.--

    ``(1) DIVERSITY IMMIGRANTS.--The worldwide level of diversity immigrants described in section 203(c)(1) is equal to 18,333 for each fiscal year.

    ``(2) IMMIGRANTS WITH ADVANCED DEGREES.--The worldwide level of immigrants with advanced degrees described in section 203(c)(2) is equal to 36,667 for each fiscal year.''.

    (f) Immigrants With Advanced Degrees.--Section 203 (8 U.S.C. 1153(c)) is amended--

    (1) in subsection (c)--

    (A) in paragraph (1), by striking ``paragraph (2), aliens subject to the worldwide level specified in section 201(e)'' and inserting ``paragraphs (2) and (3), aliens subject to the worldwide level specified in section 201(e)(1)'';

    (B) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively;

    (C) by inserting after paragraph (1) the following:

    ``(2) ALIENS WHO HOLD AN ADVANCED DEGREE IN SCIENCE, MATHEMATICS, TECHNOLOGY, OR ENGINEERING.--

    ``(A) IN GENERAL.--Qualified immigrants who hold a master's or doctorate degree in the life sciences, the physical sciences, mathematics, technology, or engineering from an accredited university in the United States, or an equivalent foreign degree, shall be allotted visas each fiscal year in a number not to exceed the worldwide level specified in section 201(e)(2).

    ``(B) ECONOMIC CONSIDERATIONS.--Beginning on the date which is 1 year after the date of the enactment of this paragraph, the Secretary of State, in consultation with the Secretary of Commerce and the Secretary of Labor, and after notice and public hearing, shall determine which of the degrees described in subparagraph (A) will provide immigrants with the knowledge and skills that are most needed to meet anticipated workforce needs and protect the economic security of the United States.'';

    (D) in paragraph (3), as redesignated, by striking ``this subsection'' each place it appears and inserting ``paragraph (1)''; and

    (E) by amending paragraph (4), as redesignated, to read as follows:

    ``(4) MAINTENANCE OF INFORMATION.--

    ``(A) DIVERSITY IMMIGRANTS.--The Secretary of State shall maintain information on the age, occupation, education level, and other relevant characteristics of immigrants issued visas under paragraph (1).

    ``(B) IMMIGRANTS WITH ADVANCED DEGREES.--The Secretary of State shall maintain information on the age, degree (including field of study), occupation, work experience, and other relevant characteristics of immigrants issued visas under paragraph (2).''; and

    (2) in subsection (e)--

    (A) in paragraph (2), by striking ``(c)'' and inserting ``(c)(1)'';

    (B) by redesignating paragraph (3) as paragraph (4); and

    (C) by inserting after paragraph (2) the following:

    ``(3) Immigrant visas made available under subsection (c)(2) shall be issued as follows:

    ``(A) If the Secretary of State has not made a determination under subsection (c)(2)(B), immigrant visas shall be issued in a strictly random order established by the Secretary for the fiscal year involved.

    ``(B) If the Secretary of State has made a determination under subsection (c)(2)(B) and the number of eligible qualified immigrants who have a degree selected under such subsection and apply for an immigrant visa described in subsection (c)(2) is greater than the worldwide level specified in section 201(e)(2), the Secretary shall issue immigrant visas only to such immigrants and in a strictly random order established by the Secretary for the fiscal year involved.

    ``(C) If the Secretary of State has made a determination under subsection (c)(2)(B) and the number of eligible qualified immigrants who have degrees selected under such subsection and apply for an immigrant visa described in subsection (c)(2) is not greater than the worldwide level specified in section 201(e)(2), the Secretary shall--

    ``(i) issue immigrant visas to eligible qualified immigrants with degrees selected in subsection (c)(2)(B); and

    ``(ii) issue any immigrant visas remaining thereafter to other eligible qualified immigrants with degrees described in subsection

    [Page: S4975](c)(2)(A) in a strictly random order established by the Secretary for the fiscal year involved.''.
    (g) Effective Date.--The amendments made by subsections (e) and (f) shall take effect on October 1, 2006.





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  • amit1234
    08-26 03:58 PM
    Hi,

    I looking for porting my approved EB3 labor and 140 to EB2. Here are my details:

    My qualification: Diploma in electronics and communication Engg in India
    (3 years diploma after 10th)

    Years of experience: Since 1991 in IT (About 20 YRs)

    Green card process: EB3 Approved labor and 140.

    Situation: When I contacted one of the university in USA they informed me that I can
    do the Masters instead of BS online degree.

    My question1: Will I be eligible to file my EB2 if I do Masters without doing BS?

    My question 2: Is MS from International Technological University (http://www.ITU.EDU) is accepted bu USCIS for Immigration purpose?

    Thanks in advance



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  • GCwaitforever
    10-17 01:25 PM
    Not necessary. You can grow the business slowly. But only when your business grows to the size of 10 employess, you can file for EB5.





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  • Junky
    09-10 08:05 AM
    You are late my friend:D, ppl have already started 3 seperate thread on this.

    http://mumbai.usconsulate.gov/cut_off_dates.html

    :mad:
    :mad:
    :mad:





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  • gc_chahiye
    09-24 04:10 PM
    Message for USCIS:
    PERPETUAL EAD AND AP - STOP STEALING OUR MONEY AND CREATING MORE WORK FOR YOURSELF

    they are not stealing your money. The current situation can be explained on the basis of existing laws. Need to be careful about our messaging.

    The very fact that all fixes we are asking for are legislative changes implies that the current situation has less to do with USCIS and more with old arcane laws. There are a lot of things USCIS can be accused of, but not 'stealing money'





    neelu
    09-15 03:32 AM
    Hello,

    I apologize in advance, if I should have posted in a different thread - if so please let me know and I can post there (and admins can delete this one).

    My priority date from Perm is Feb 2006. But I have an earlier priority date of Jan 2005 (I-140 approved). I dont know if that earlier date has been applied to my I-485 (which is based on the Perm labor). My case is in NSC.

    After seeing the October VB (acc to which my RIR PD becomes current in Oct), I opened an SR to see if they interfiled my two cases. I got a letter in the mail from USCIS, but no reponse in it to my question. Instead it states the following:

    "The status of this service request is:

    Your case is currently being prepared for review. If further information is needed, you will be contacted. Continue to check the USCIS website for case status updates."

    A few questions:

    1) What does "being prepared for review" mean? Should I expect more RFEs? We had responded to Medical RFEs in April this year.

    2) How can I make sure that my two cases are combined?

    3) Is there any preparatory action I can take before October 1st?

    I would appreciate your comments and advice on the above.

    Thank you in advance.





    lifestrikes
    03-10 10:10 AM
    Report: U.S. needs immigration boost of high-skilled workers - CNN.com (http://edition.cnn.com/2011/US/03/09/texas.fed.immigration/)



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