Friday, July 1, 2011

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  • fcres
    01-15 01:59 PM
    Sec. 45. 2 Priority date of applicants.

    As it sound to me It means PD of primary applicant will be the PD of spouse and child.

    I did not follow.

    Anyway this is the situation. I'm in EB3 with a PD Dec 2002. DH is in EB2 with a PD in 2006. Can he file I-485 for us using my PD according to the above law?




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  • adsrms
    03-18 11:46 AM
    It is a hard situation for me. I-485 interview for AOS is due in just 3-4 days from now. I am separated from my US citizen wife.Have not filed for divorce. I am employed in the US on a valid L1-B visa.

    Our marriage may or may not work..

    1. I need advice as to how to withdraw the I-485 AOS application. I do no have copy of documents/notices that USCIS sent.They are with my wife.

    Or

    2. If we do work out our differences then is there a way to keep the current AOS alive? Or shall I get the current one withdrawn and file for a new one if we do resolves our differences?

    3. Also if I do withdraw the I-485 does it also mean that the I-130 filed by my wife is abandoned/revoked automoatically?

    Really appreciate a prompt advice.




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  • cloud 9
    06-16 06:30 PM
    If you do take FOIA route, it will take at least 8-10 months to get the documents. So, better do it ASAP.




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  • sembat
    06-15 09:40 PM
    I kept checking for the processing times for I-140 for my wife on the following link https://egov.uscis.gov/cris/jsps/ptimes.jsp under the Nebraska center. Till yesterday the post date was showing May 18th and the processing time for I-140 was shown as 'September 2006' today the posted date changed to 15th June but the I-140 processing date went back to 'January 2006'. Can someone explain how is this possible? Shouldnt the processing date mean that applications received till 25th Sept 2006 have been processed? If thats correct then how can the date go back to Jan 1 2006? I dont think this can be a typo, it must have some reasoning. I would appreciate if someone can explain this in the forum

    Thanks
    --sembat



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  • anilsal
    09-15 10:00 PM
    Thanks for reading this message. Since you are from mid-west, you are capable of taking your car and drive in the direction of DC. It will take anywhere from 9-15hours. But you will be able to do it.

    If there was a possibility of USCIS handing a GC in person, you would have driven 50 hours. Can you not drive for 10hours for a cause that is affecting you, me and everyone around us?

    Now make up your mind and drive and meet other mid-westerners in DC.




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  • aioros
    05-22 04:20 AM
    i love the first and third! :)



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  • uma001
    02-04 07:57 PM
    Dont worry too much. Get your H1 extension with current employer even if it s a consultancy firm when you are on project. It wont be deied.




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  • i4u
    09-20 09:27 AM
    At this point any gc holder in EB3 is good!
    Or EB3 I who got GCs do not want to do anything with Immigration for the next five years - and are taking a break :D



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  • gk_2000
    03-03 07:22 PM
    New found childhood lover :-)

    Boo hoo sniff sniff




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  • GCwaitforever
    11-16 05:27 PM
    Congratulations on clearing your wife's FBI name check process. That is an important barrier to cross over.



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  • snathan
    12-16 10:41 PM
    Hi,

    I am working for one of the largest companies as mechanical engineer. I am shifting from Mechanical engineer to program manager job within the same company. The job requirement is

    BS + 2-5 years of experience

    I have
    Bachelors 4 Years
    Masters in USA
    Research Assistant 1 year 8 months
    Teaching Assistant 11 months
    Experience as a Mechanical engineer 3 years 8 months

    Am I eligible for eb2 category? Help greatly appreciated.

    Thanks,
    KS

    1. It also depend on the job requirement
    2. The experience can not be counted from the current employment if the GC sponsor also the same until the new job is Significantly different than the current job.
    3. If you have degree in Mechanical Eng. I am not sure how you can count that for program manager. Prepare yourself if USCIS asks the same question.




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  • sprash
    05-04 08:34 PM
    *bump* ... anybody?



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  • Blog Feeds
    11-01 09:10 AM
    According to a recent USCIS guidance an employer may not hire an H-1B worker prior to USCIS approving the H-1B petition unless the employee (i) is currently in H-1B status, or (ii) is the beneficiary of a timely filed H-1B (http://www.h1b.biz/lawyer-attorney-1137085.html) extension of status petition. If the employee is in another nonimmigrant status, such as F-1 (student) or L-1 (intracompany transfer), the employer must wait until USCIS approves the H-1B petition before hiring the foreign worker.

    Under section 214(n) of the Immigration and Nationality Act, a worker who "was previously issued a visa or otherwise provided [H-1B] nonimmigrant status" is authorized to begin working upon the filing of an H-1B petition by his or her new employer. This provision is often referred to as H-1B portability. Congress passed the law to allow employers to hire H-1B workers without having to wait for the government to adjudicate the H-1B petitions (http://www.h1b.biz/lawyer-attorney-1137085.html), a process that can often take several months.

    The issue was raised to the USCIS Verification Division after employers received nonconfirmations from the E-Verify system when they hired H-1B workers under H-1B portability and the workers were not, at the time of hire, in H-1B status, or were not the beneficiaries of H-1B extension petitions. In the exchange, the USCIS Verification Division stated that the agency does not consider those employees to be work authorized. Please contact our office for further information.




    More... (http://www.visalawyerblog.com/2010/10/h1b_visa_attorney_guidance_reg.html)




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  • fasterthanlight�
    05-16 09:49 PM
    Yup.



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  • InTheMoment
    06-16 05:04 PM
    Use I-134 instead which is used for EB petitions.




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  • ticktoe
    07-15 09:22 PM
    I am having an option of joining a new employer with whom to file LC. Company is not very big 50 employees and started in 2002.

    I am very worried about the stability of the company. This kind of companies are normal or I am just unneccessarily imagining and worrying ???

    How to check the stability of a company before you start filing anything ???

    Anybody knows about this ??



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  • jkiran
    11-23 05:01 PM
    Hey Friends,
    I got an I-485 interview in next month. I have few questions...

    I have the two issues....

    1)Selling tobaco to Minor,happened in 2002(when I was helping one of my friend who is running a Convenience store,by mistake I handed Over a pack of cigarett without asking his ID.Unfortunately he was one of the Kid arranged purposefully by the department people who checks on toboco sale to Minors)



    2)retail theft happened in 2005(when we went to walmart with our 4 year old daughter,we did not see a considerbly small toy in her hands,while we are making payment to the other stuff we bought)



    Both the Incidents occured accidentally,we did not do anything purposefully.Both the cases were dismissed as Nolle proscue. the 2nd case was expunged too .I do have the documents stating that they are dismissed and 2nd case was expunged.If you want to have a look at them,

    And also i pointed in I-485 application---No in the field of cases....


    can you guys suggest me,if anybody have the similar situvation...

    -Thanks
    Rama




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  • snathan
    04-15 11:37 AM
    Hi

    I concurrently filed both my I-140 and I-485 back in Oct 09. My I-140 was approved on March 18th and then nothing since. I read that by concurrent filing the process is quicker. I am on an EB1-C. My question is has anyone had any experience in the time frame for concurrent filing under the category i am under? I have checked the tracker and cannot see anyone in similar position. Time line is what i am looking for or is it a "wait and see" situation?
    Thanks

    Please provide us more information. If you are working as a manager in IT and especially from Indian companies, USCIS is investigating the EB1C cases as there is rampant corruption and manipulation. I am not sure what you mean by EB1-C - is it china or EB1C.

    would you mind to tell us which company sponsoring your GC.




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  • vaayu
    07-27 04:02 PM
    It was a nightmare for few weeks but, long story short...I got my new passport after the Embassy cannot find my original I sent for renewal. Please let me know if I need to get it stamped within any timeframe. My current I-797 expires MAY 2010. I have an approved 140 and EAD but my attourney suggested to stay on H1B.

    Appreciate your feedback and help in this matter.

    Thank you for your time and consideration.




    fasterthanlight�
    04-11 01:30 PM
    Apparently not this year




    keiryu
    10-08 01:57 PM
    have your friend look or ask for where the nearest USCIS office is with a deferred inspection office. they can fix it there.



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