Monday, June 27, 2011

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  • aachoo
    02-27 09:23 PM
    Hi there,
    This is exactly what my company's attorney had told me. If the new location is within commuting distance/same metropilitan area there is no need for a LCA amendment .

    If anybody thinks otherwise please feel free to correct me.

    I had the same situation a few years back (Menlo Park to Fremont, CA) if you know the area. The attorney said no need for new LCA.
    -a





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  • Blog Feeds
    10-15 06:30 PM
    Foreign nationals who have stayed in the United States after the expiration of their period of authorized stay or are present in the United States without being admitted or paroled are unlawfully present in the U.S.

    If more than 180 days but less than a year of unlawful presence accrues, then the foreign national is inadmissible for three years (three year bar). Foreign nationals who are unlawfully present for one year or more are inadmissible for 10 years (10 year bar). If a foreign national has accrued unlawful presence in the United States, then they are deemed inadmissible and illegible to re-enter the U.S. for either the three year or 10 year bar from the date they leave the U.S.

    There is a waiver available for the unlawful presence ground of inadmissibility. Essentially the waiver will waive the three and 10 year bar of inadmissibility. The waiver is only available to foreign nationals with a U.S. citizen or lawful permanent resident (LPR) spouse or parent. Children are not deemed qualifying relatives for the waiver. The first step in the waiver process is for the foreign national to attend an immigrant visa consular interview in their home country. Once the consular officer deems the foreign national is inadmissible and a waiver is available, the foreign national will then file the waiver (form I-601, with the applicable filing fee) and establish there is extreme hardship to the U.S. citizen or LPR spouse or parent if the foreign national were not allowed to return to the United States. The waiver request is discretionary and extreme hardship is only one factor the officer will consider.

    Certain individuals do not accrue unlawful presence and are not subject to the three or 10 year bar. For instance, foreign nationals under 18 years of age do not accrue unlawful presence.

    For more information on the waiver process, and extreme hardship, please call Kraft & Associates at 214-999-9999.



    More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/4VwzqcGxyMc/)





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  • harry31
    03-28 04:14 PM
    Hello folks

    My fiances parents are applying for a B1/B2 Tourist visa on the basis of her 2 graduation ceremonies. We will get married in a court before her parents apply for a visa but the marriage ceremony will be between 2 graduations in US. If we also show that her parents are attending daughters wedding ceremony in US will the likelihood of them getting a visa increase? We can send a copy of marriage certificate before parents visa interview.

    Thanks





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  • singhv_1980
    01-29 05:47 PM
    I should have elaborated this more. I read that ppl applying for H1B stamping were asked about this. They were actually issued 221 G and were asked to furnish extra documents and this was one of them.

    I have no clue what is this and if this applies to everyone. I even found that ppl were asked to furnish notarized list of employees along with tax returns of the company. I hope this is not valid for every case.



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  • indianabacklog
    01-07 10:36 AM
    Had a quick question. Not sure if this has been discussed before. Planning to get wife here on H4 and she wants to study. I have applied for 485 and in retro now. Is it advisable to study on H4 or F1? I know she can work on F1 but would that not be advisable since lets say the VB does become current in future for me then filing her 485 might be a problem since F1 is pure non immigrant and USCIS might hold it againt her. Any info/simlar situations greatly appreciated.
    Thanks
    Amar

    You can only work on an F1 under OPT which can only be applied for after at least two full semesters of studying or after graduation.

    The F1 is not purely a non immigrant visa since this is the one people like my son are transferring to since they aged out of the employment based immigration system. If it were this would not be possible.

    An H4 is as good as any choice if she plans to study. The fees will depend entirely on the state and the educational institution she chooses to attend.





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  • arun.kumar06
    07-19 11:35 AM
    I searched the forums briefly but could not find a similar case, please assist.

    There is a requirement for me to take up another position with the same employer (sort of Lateral job transfer) with the following details:

    My H1B is sponsored by State Government who I have been working for 6+ years.

    PD=DEC 2002, EB3
    485 Filed= JUNE 6, 2007
    FP = JULY 17, 2007

    The new position will be with:
    Same Employer
    Same Job Title
    Same Job Description
    Same Job Duties
    Same Pay
    Same Classification Code (internal state job code#)
    Same Supervisor
    Same Location physically same cabin
    Same everything else I can think of.

    ONLY THING DIFFERENT IS THE "POSITION NUMBER" that is assigned by the Personnel Department. There will be an internal advertising for the position and interview & selection process.

    I would like to know:

    1) Does accepting the position at this stage cause problem with the Green Card process, i.e, will it affect my I485, PD or anything else? I have waited 6+ years to get to this stage and obviously I do not want to take any kind of risk.

    2) Do I need to inform or check with USCIS or any other agency about this position change?

    3) Do I need to do anything else to protect my PD, AOS etc.


    I would appreciate all the assistance I can get.



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  • new2gc
    06-24 10:14 AM
    Here is the USCIS official URL page/ press release:

    http://www.uscis.gov/files/article/premproc_22jun09.pdf

    Now the PERM takes 2years... whats the difference for new guys? My friend stuck in labour for almost 15 months now. got RFE, replied to it and stood stand still..

    But this helps for someone who filed during July'07 fiasco and waiting though. I got mine approved in late feb'09 (filed in July 07).

    Something is better than nothing.... :-)





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  • kadarm
    12-12 06:10 AM
    My I-140 is applied during Jan 2007 under EB2 category. My LCA says Masters with 24 months experience amd alternative as Bachelors with 5 Yrs experience. As per the processing time updates, they are processing March 21st 2007. I don't see any updates other than Case is pending.

    What should I do to get this processed?. Should I call customer service and ask for SR?

    Thanks for your help !!!



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  • DCQC
    08-02 07:08 PM
    I googled it
    http://www.dhs.gov/xlibrary/assets/cisomb-rr-31-uscis-sop-02-0807.pdf

    Dude that is dated Feb 08, 2007





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  • HeeKwan
    04-18 04:52 PM
    Hello !

    My company had changed their Immigration Lawyer A to B.
    During this process my original PERM approved notification letter had been lost. I filed the I-140 on 6/14/2007 without the approval letter at Nebraska service center.

    PD: 3/6/2003 (EB3 ROW)
    Finger Printer: 12/6/2007.
    I-485: LUD: 12/7/2007 at TSC

    Labor Dept. said that they had sent, however, My previous lawyer did not have it, a new my company lawyer B did not have it, my company HR did not have it and I did not have it.
    I hope USCIS will request a duplicate approval notice from DOL directly after my I-140 has been filed, and how fast DOL acts on the request?
    DOL has stated that it acts on such requests immediately, so the adjudication of the I-140 should not be delayed significantly.

    Could you advise me, how long it will more delay for my I-140 approval processes in this cituation?

    Thanks ! :mad:



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  • kak1978
    02-08 03:27 PM
    I am planning to own a franchise on EAD along with my friend who is on H-1b. Please let me know if I can do it or not.

    We are planning to register a LLC and run the franchise on the company. Let me know if I have to take any precautions before buying the franchise..

    Also let me know if my friend can be my partner on H1.b..

    You can own and work for your LLC. Your H1b friend can be a partner, but he cannot work for the LLC, he can have his share of profits though. You need to confirm this with a lawyer before you register your LLC.





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  • meraNumberKabAayega
    08-27 02:20 PM
    I have read on this forum and an immigration lawyer also confirmed to me that knowing the I40 receipt number itself is enough. She said that I can print out the case status of I140 approval from USCIS website and use it. Though I did not take the job offer for which I needed this information so I have not used it.

    FOIA should not take 8 months.. I applied for it at end of Jun and my number was around 3900 and it is now around 800 so I expect to get it in next 1 month so FOIA should give you copy of I140 in approximately 3-4 months.



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  • andycool
    12-23 10:12 AM
    I have two I -140's approved with one PD from end of 2005 and other end of 2006 both on EB2. I 485 is based based on 2nd one in 2006. So question is can I port 2005 pd to I 485 based on 2006?
    Some where I heard that you can only port the PD when your 2nd is application stage and is pending. but here it is applied and already approved. Is it a good case for Porting PD or interfiling?
    And by the way what is the difference between porting and interfiling?

    Thanks

    Porting and interfiling are pretty much same ...( some use interfiling to use cross changeability ) .

    you should be able to use your old PD ...Just ask your attorney to contact USCIS with your old I 140. and New I 140. Lot if times USCIS automatically links your PD's . But again its USCIS?? Just follow up with your attorney , you can take a infopass and show them your documents ( some officers are Info pass know the issue and will help you )

    Thanks





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  • Lasantha
    12-24 05:08 PM
    What are those little green squares that show up with our names when we post something?? When you hover over them you see a ToolTip message.
    Are they supposed to tell us if we've been Naughty or Nice this year? :cool:



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  • ski_dude12
    09-20 12:50 PM
    Thank your for the response. Will consult my attorney now.





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  • tslee
    04-22 12:15 PM
    Dear all:

    May I ask what I should do in the following situation?

    I hold F1 visa and my new job starts on Sept 1. The int'l student office of my current university mistakenly set my OPT start date on May 6. My OPT has been approved and EAD card arrived.

    That is, I will have 120-plus "unemployment" days accumulated by early August, which will then violate the "90-day unemployment rule" of OPT.

    I am under tremendous pressure and really want to hear your opinions.

    Many thanks in advance!



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  • sunny1000
    01-08 08:40 PM
    A good friend of mine is getting divorced with her husband. The husband is the primary employment based green card applicant and their dates are current.
    Will her I-485 be denied after the divorce?
    The husband is willing to wait till the green card is approved before the divorce.
    If she gets her green card, will it be revoked after the divorce?

    Will her I-485 be denied after the divorce?

    Yes.

    If she gets her green card, will it be revoked after the divorce?

    Not likely unless there is collusion or fraud involved.





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  • meridiani.planum
    10-19 02:22 AM
    b1 and h1b are trade issues.
    eb visa is an immigration issue.

    could'nt have put it better myself. B1 and H1 has direct impact on the businesses in India (who are BTW paying lobbyists to influence ministers and trade groups to make such requests to increase the visas). Why does anyone in India care what the EB visa limit it?





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  • anilsal
    02-02 09:32 PM
    is a continuation of medical benefits after you terminate your employment (voluntarily or involuntarily). It has nothing to do with immigration. The cost will be higher.

    If you are out of a job on H1B for a long time, then there certainly is a legal problem unrelated to COBRA. For EAD, it does not matter.





    qtoask
    06-25 03:42 PM
    does this mean EB quota exhausted???

    see this thread... http://immigrationvoice.org/forum/showthread.php?t=5512





    Allyblue
    09-15 05:50 AM
    The tutorials are really cool, but I am stuck at the same place :)


    Hi Gazman,
    You are right - that part of the tutorial is completely broken, and I need to modify it a bit. I am not 100% of the changes you need to make yet, but I will post an example shortly with the changes :)

    Cheers!
    Kirupa



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