Monday, July 4, 2011

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  • lazycis
    10-19 01:22 PM
    I have a similar timeline - applied for LC in February 2002, got approval in December 2003, filed I-140 in February 2004, I-485 in March 2004. Currently filing for my fifth EAD! The USCIS not only tortures the whole family (it's a common practice that name check is pending only for primary applicant) but makes us to pay for the wait! My son was born around the time we filed for adjustment of status, he will go to school soon but we are still not sure whether we will be allowed to stay. We cannot plan ahead and open education funds for our children. My wife cannot go to college, as she is not eligible for in-state tuition discount. Needless to say, I am forced to sacrifice my career as the whole thing is dragging for 5+ years and I have to work at the same position to keep GC process alive. I've got MCSD certificate and outgrew my position long ago. I cannot quit my job and found a new business.
    The USCIS explains the delay by national security interests, but the national security requires the very opposite - speedy processing of the background checks.




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  • ram_nara303
    03-08 10:30 AM
    Since your Father in law is a Central Govt Employee, i believe the reason they issued a white 221g is because he may not have provided a NOC (No objection Certificate) from the govt which should state that he is just travelling to US for tourism purposes and not for job related travel. This was how i had to get my father in law to get a NOC inorder to get his stamping done. Once they saw the NOC, they granted the visa.

    My 2 cents.




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  • bsnf
    10-04 09:09 PM
    We went there today, got done in 15 mins. Lots of parking space outside the office.




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  • buehler
    12-12 05:10 PM
    Hi,

    The last time I came back into this country, I used my AP as I didn't have my H1 stamped. My H1 is valid till 2010.

    My EAD expired last month and my bumbling lawyer did not send in the I-485 copy and hence there was an RFE. So I still do not have an EAD approval.

    Would it be safe to get paid this month or should I have my company process this month's salary after I get my EAD approved?

    Siva



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  • forgerator
    05-23 12:39 PM
    I got EAD on February 2008 with my primary GC employer. My PD is just 4 months away and I got a job offer in a big company which I cannot afford to loose.

    The the job duties in my new job remain the same but I am worried to change job during this time when PDs are jumping very fast. The max I can delay the joining my new employer cannot be more than a 1 month. Please suggest the best approach...

    Like others have pointed out - definitely worth it to switch over, given that you can use AC21.




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  • deecha
    03-17 08:53 PM
    As long as you're unmarried at the time of adjudication of the petition, you should be ok. This is not legal advice. Please consult a lawyer.

    HI,
    My aunt petioned for my mom (and thus her kids) years ago, My aunt's a Us citizen, and after many years the process has started its final run. For the last two years i was an F1 student in a college in the usa and recently ive come back home; while i was there i married randomly anyway, nothing happened it wasnt a real marriage, and im getting it annuled.
    So now im back home and since this process (my aunts petition) has started , im 21 but im covered aswell since the child status protection act covers me. Now, the requirements for the children (derivative beneficiaries) of the aplicant/beneficiary (my mom) to be included are to be under.. 21 (im ok in this part because of CSPA) and UNMARRIED. My question is,,, am i still gonna be included if i show my annulment certificate? as i see it the annulment itself shows that an american court declared that marriage to be voidable and not real so it should make me unmarried.right? would it also be unmarried for immigration purposes if it was divorce instead of annulment? i'd appreciate any feedback, thank you.

    .



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  • jijiewang
    02-08 09:10 AM
    Hi attorney,

    I know the question sounds weird.

    My husband applied EB2 in 2007. 140 approved and 485 pending. But then we came back to our home country because of layoff. We carried AP but now AP is expiring in 3 weeks. I know after AP goes expired, our 485 will be considered abandoned.

    I heard that PD is still ours even in the case of abandonment of 485. So, I still hope that some day we can come back to US to re-do the green card application. My question is, once PD becomes current, how long will the window to submit 485 be open for us?

    Thanks.

    Jijie




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  • Siddhartht
    07-26 02:37 AM
    Hi All

    I am on L1 visa , i will be getting married in dec-2009 . i want to apply to l2 visa for my wife. i see marriage certificate is required to apply for L2 visa .can't i apply for l2 visa & show the marriage certificate at consulate ?

    Please advise . i want to get my wife along with me after marriage



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  • Blog Feeds
    08-04 07:40 AM
    Immigration Law Headlines Has Just Posted the Following:




    More... (http://www.ilw.com/immigrationdaily/news/2010,0803-uscis.shtm)




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  • gcisadawg
    04-29 02:23 PM
    What if you have AP but not used it, instead used the re-validation rule to enter into the country, using H1. Would that invoke abandonment of 485?

    The scenario covers people who are working on H1B and have their I-485 pending and have not applied for AP and have a expired H1B visa stamp on their passport. It doesn't matter if they have a H1B extension on hand with a new I-94 stub. If they travel abroad, it could very well be considered as an abandonment although they might be permitted to re-enter under "automatic visa revalidation" rule.

    If I've I-485 pending, i would never travel without an AP.

    -GCisaDawg



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  • matreen
    04-26 12:18 AM
    Team,

    Friend of mine had a interview today about 20 min, seems like everything looks good.

    The current case for my friend falls under EB3 (2001). But the tricky thing is he filed another case in 2005 in Lulac but he revoked the case.

    After interview officer said she needs calrify the Lulac case and background check.

    I am wondering if anybody is in similar situation if so your advice will be very valuable.

    Thanks,

    M




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  • theshiningsun
    06-17 10:10 PM
    thx for ur inputs newbie2020. yes, i know that it is a conditional GC to start with.

    my concern was - as far as i know, i cannot work actively for my own business on H-1B. hence i wanted to know if i could continue working on H-1B, apply for GC under EB-5 and then start the business after getting it.

    attorneys, do u hv anything to add to what newbie2020 has said?

    thx,



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  • lotsofspace
    12-31 01:32 PM
    Now that it is 180 days Since Jul 2nd and some of us are thinking about AC21. Some are invoking AC21 and sending the documentation as soon as they change jobs and others are thinking of not informing the CIS (AFAIK Informing CIS is not mandatory as per AC21).

    A friend of mine changed jobs 3 times after filing I485 never informing the CIS and got his GC without any RFE. He has the luxury of the lawyer who originally filed the I485 work with him and the company never revoked I140(because they laid him off). Another friend sent the documentation about invocation of AC21 and got RFE.

    It is expressed in other related threads to start a poll so that we can have an idea of trends in AC21 usage.

    This is a simple poll.

    PLEASE CAST YOUR VOTE ONLY IF YOU HAD ALREADY CHANGED THE JOB. DON'T VOTE IF YOU ARE JUST THINKING OF CHANGING THE JOB BUT DID NOT CHANGE YET.




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  • peer123
    12-05 08:37 AM
    I checked with my attorney, she there is possiblity of it getting approved but there is risk also.

    In progressive experience I meet even the experience criteria if I include all my work experience prior to me passing the degree. could this work experience be used.



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  • STAmisha
    12-22 08:59 AM
    My LC application (RIR PD Oct 2003) from company A is pending in P-BEC. My RIR got denied recently in Nov 06 and my company informed me that they are considering to use TR->RIR conversion to upgrade the LC to RIR. Can somebody please tell me the process of TR->RIR converion? How long it takes? Pros. and Cons. ?Any help is greatly appreciated

    Meanwhile company B filed an LC (RIR PD March 2005). This is also pending in P-BEC. But the lawyer has not received any case number nor 45 day letter.The lawyer is not giving much information. Can somebody please tell me the process?

    Thanks




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  • chacha
    03-21 11:21 AM
    Hi - i am converting my L1 to F1 which will cover me for 2.5 years. In the field i am working in, there is a high probability i will be able to find work before the degree is finished. Is it usual for big employers to already have H1 visas to sponser you on, or do they have to start from scratch. Im really trying to find out how easy it would be for a prospective employer to hire me after. (yes i am aware that one is supposed to return back to their country of origin)



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  • rampaadh@hotmail.com
    04-25 07:34 PM
    Thanks a lot for the quick reply!




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  • ovaloffice
    05-22 05:17 PM
    Is there a way I can apply for a green card during residency for a future job two years down the road?




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  • QuickGreenCard
    04-27 07:23 PM
    Hi All,
    I have filed an extension for my parents B2 Visa. I have got extension approval but only got I-94 for father and did not find I-94 for mother. I did attach Supplement-I with my mother's details.

    I just happen to look at my application, I-539. I found that I checked the following:
    Members of my family are filing this application with me.
    The total number of people (including me) in the application is: 1

    Is it customary that I only receive I-94 for the principal applicant (in my case) and don't have to worry about?

    If not, please share your thoughts. Do I need to file seperate application for my mother at this point?



    Thank you all,

    Sri




    willgetgc2005
    04-30 10:53 PM
    Hourglass,

    How responsive are they to our concerns. Are they accessible ?

    Others, any experience, please share. If you are more comfortable send a PM.

    I want to make the right decision. Thank You.



    Hi there,

    yes myself and couple of my friends went thru Mr Gotcher lawfirm. Strongly recommended, very experienced, specially handling tough cases.

    Bit expensive though,

    good luck.




    sandy_anand
    05-23 03:34 PM
    Just more blah, blah, blah.. BTW who is Doraikumar? Is he from IV? He has been quoted here..

    Duraikumar was probably just one of the thousands of people who posted on the blog. They cherry picked a few to highlight different aspects of the issue. Bottom line, like you said, just a lot of noise and no real action. Hallmark of this administration. :mad:



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