Friday, July 1, 2011

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  • ss1026
    06-14 09:38 AM
    I have a pending I-140 with a Feb2004 PD which may or may not be approved and I have a Feb2005 PD with approved I-140. Which is a better stragety. Risk with the old PD and play safe and wait long for a GC?


    Hi guys, I have a unique situation, thanks to july visa bulletin. I have a EB3 labor and I 140 approved with the PD as May 2004. Recently I applied EB2 PERM in order to port the PD from EB3 to EB2. My EB2 perm is approved now. Now, I am in dilemma to choose between EB2 and EB3. I can apply EB2 I 140 and I 485 concurrently (by assuming that they will port the PD) or I can apply I485 (for previously approved EB3). Please suggest as to what route I should take.





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  • ksvreg
    04-20 11:42 AM
    Sorry, I was not sure what test I missed. I thought everything was done and was mentioned in I-693. I do not have copy of I-693 I submitted. I will try to get it from doctor. Pending of that, is this common test which I must have it and mention it on the I-693? I need to submit just TB Skin test or everything?





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  • Jeetendra
    02-18 10:16 PM
    hi,
    i have a question whether to use EAD or H1B? Initiallly i re-entered into usa after finishing my first 6yr term of H1B in June 05 on H1b. Later changed employer. New employer filed my GC using existing labor (EB3) in 2006 and also filed for i-140 & i-485 in oct 2007. so the transferred h1b is expiring on 06/2009. my ead expired in Oct 2008. I am thinking of renewing EAD than H1b which i am planning to file in this month (Feb, 2009).

    questions:
    1. If i go back to India in Mar 09 - Can I come back using EAD (Once its approved and someone sends my EAD & AP to India) as i haven't used EAD?
    2. my transfered H1b is expiring on Jun 09 and i don't want to go to Madras to stamp the transfered company's visa on my passport as i doubt to get it - the Consulate might ask me so many questions when its expiring in june why you want to go to usa for 3 or 4 months.
    3. The best bet - do i need to wait for my renewal of EAD & AP and then leave?

    Please let me know as my travel plans are dependent on this.

    thanks and appreciate your prompt response


    thank you.





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  • raj3078
    05-09 01:18 PM
    And we might be in the final edited version (very good chance) for a few minutes
    Great news



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  • BNB326
    08-20 03:06 PM
    Hello, Thanks for your reply

    Currently, i am in H1b and my Spouce is in H4. She is attending school in H4 visa (She got stampted and has valid i-94 till June 2011). My employer said my job will be termineted after 1 month. Can my spouce change H4 to F1 and start to attend the school or she has to wait until she get F1 COS approved? In the mean time, can i change my H1 to her f2(dependent) once she file F1 but not approved.

    And are there any other options if i did not get a job to transfer my H1B?

    Thanks





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  • dolicus
    05-01 04:56 PM
    My file is also transferred to NBC, Why do you think it is??
    You have any information for me since yours was done in December while mine was done in April, 2009. What happened did you get any interview fromthe Local Office. Thx



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  • anoop4real
    11-23 10:13 AM
    Anoop - dont worry about it and ask your company to reapply with a stronger educational valuation. Everything depends on the educational valuation report submitted along with the application.

    Request for a stronger educational evaluation and request them to reapply.
    Thanks for the reply,
    My visa petition went to RFE first and when I enquired my employer they said that the consulate asked for education evaluation report and they have send it, but they didnt show me what they have send and unfortunately this years quota seem to be over, I have to wait for some more time :-(

    -Anoop





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  • Engineer1111
    05-19 04:45 AM
    My PERM was filed and I got the following email from my lawyers

    " Labor Certification by ABC ABC, Inc. on your behalf has been submitted via the Department of Labor�s (DOL) Permanent Online System as of the above date (April 1) . The application will be adjudicated by a National PERM Processing Center. As the DOL does not currently have a processing schedule for PERM applications, we are unable to predict how long processing will take. In the past, PERM applications have been adjudicated anywhere from a few weeks to several months. Unfortunately, there is currently no way for beneficiaries to check the status of the application. We will contact you as soon as we hear anything specific regarding your case. "

    1. Is there any place where you can check the status ? Since I do not have any reference number, and from the text of the email, I doubt that.

    2. I checked some forums and found that the average processing time is 60 days. Which processing center should I be looking for ? (I work at Oracle in SFO)



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  • immigrationaccount
    08-14 02:12 PM
    As per the new visa bulletin, my PD (Mar/26/2006) goes current from 1/September.

    My husband is the primary applicant on the case with me and son as dependents.

    485s submitted in Sep/2007. We received RFE for my son application and replied, we received update from USCIS that it reached them in July/2009.

    USCIS web case status shows 'initial review' for me and my husband, 'RFE response review' for my son.

    As we filed together, does this mean that all three applications were processed and RFE was required only for my son?

    Thanks for all your inputs, being a great help.





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  • number30
    06-09 06:45 AM
    My question is regarding Citizenship. My mother married my step father in the year 2000. They have 2 children one is 7 the other is 9. My mother did not adjust her status right after they married. she waited a few years. She received her green card on November of 2006. "the one that renews every 10 years. This year she separated him because she cheated on her. They are not legally separated or anything like that. She wants to become a US Citizen but we think it might be a problem since this year they did not file taxes together. When she did her taxes she checked the box that says shes filing married but separately. He does not want the divorce but she does. I told her she should hold of on any divorce and see about getting her citizenship first. What complications can she have since this year they did not file jointly. I appreciate your time and any input
    No she should not have any problems since she has 10 year validity green card(One with Condition removed). IF the citizenship is applied after three years green card they will check the validity of the marriage. Usually if you apply citizenship after 5 years there are will not be questions about marriage. if you have the issues apply 2011



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  • sanjay02
    03-13 07:46 PM
    Dude
    For you to file I-485 the dates must be current, yes you can file for I-485 yourself.





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  • sideeque
    05-23 01:10 PM
    I got 221g pink slip from Chennai-India for Administrative Processing and still waiting for my Visa renewal stamping after 72 days.
    They informed me that they cannot give any specific timelines in which the processing will be completed.
    I did find lot of people in these same boat in different forums.



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  • newbie2020
    03-27 11:26 AM
    ASk her to apply for a H4 Visa at local consulate in India. and when she comes to US use the H4 visa papers .....





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  • GCeffect
    07-07 06:04 PM
    I'm from Bangldesh
    EB3

    My PD is may 2006

    I already received my EAD, AP

    even last month the Mar 2006 was current. Any chance that my I485 will be approved in short time. My H1b is also expiring on October 2008. Should i renew it or just wait for my I485 approval....

    Please advice me gurus....



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  • roseball
    04-07 03:34 PM
    Iam on L2 and working on my EAD which is expiring on april 29 th 2011.

    I have applied for H1 in the 2010 quota but due to my employers mistake i got a rejection on that.
    we are trying to reappeal to USCIS but iam not sure if its going to work.

    Suppose i have a project and apply again for 2011 quota , can i still continue working even if my EAD expires.
    They say that we actually move to H1 on October , so if i apply before end of April through premium processing and get an approval notice before October can i continue working or start work right away or do i have to wait till October.
    Is there a possibility to start working immediately as soon as my H1 gets approved or do we have to wait until October in any case.

    Thanks in advance

    You have to wait until 1st October. Even though your H1 gets approved faster with Premium Processing, your start date is still 1st October. You will have to continue to maintain your current immigration status (L2) till Sep 30th. On October 1st, your status will automatically change to H1 and L2 becomes invalid.

    Since you get the benefit of EAD with L2, you can renew your EAD and keep working till Sep 30th. Your EAD along with your L2 will become invalid automatically on 1st October since your H1 (if approved) will take effect. (Assuming your employer files a H1 Change of Status petition and not a H1 Consular processing petition)





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  • samiam
    04-26 05:38 PM
    Is there any law for disabled immigrant. I am 33 years old, and I am disabled, and I am here in US from 1998. I really want to settle down in one place, and it does not matter whether it is India or America but I think I have to make a choice right now, or my future will be a big question mark.
    I have waited for a long time, thinking future will be bright, day by day I dont feel I will get my Green Card, So as my lost option I am wondering whether there is any option for disable immigrant? Any help is appreciated.

    thanks



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  • adnan_vijay
    12-11 09:50 PM
    Hello,
    According to my knowledge the majority of name checks submitted are electronically checked and returned to the submitting agency as having "No Record" within 48-72 hours. The processing time for FBI name checks usually take from 30-120 days but timing does vary from case to case. The FBI’s intention is to have all visa requests processed within 120 days. Most name check requests that are over 60 days old are the result of the time required to retrieve and review field office record information. Any case which is not processed within this time frame is usually delayed because of a potential "hit" which will be further reviewed manually.

    Hello Sir,

    Thank you for the quick reply.

    As my application have been lodge for almost 2.5 months now.

    Can I please ask 'when' is the FBI name check done? Is the FBI name check the first thing that will be done?

    How will I know that my FBI name check is successful?



    Thank you once again.

    :confused:





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  • ras
    04-12 07:27 PM
    I don't remember the amount of fees submitted while filing I 485. However the filing was done after the July fiasco (Aug 2007). so whatever rates were applicable after Jul 2007 that must have been the fees that has been sent.

    So in that scenario, is it just okay to send the AP application with out Fees?

    How are you July Filers applying for AP? Are you sending in the check for the AP fees too?





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  • mhtanim
    02-19 06:37 PM
    Now that the economy is in the toilet, it looks like people in H-1B will have to pay for it.

    An ignorant group of people don't understand that the world has now changed. They can kick out all the H-1Bs or shut-down the whole H-1B category, but it won't make the U.S. any better. The companies will just start opening offices offshore and more jobs will be lost.

    I am just awfully frustrated to see the fact that whenever something goes wrong in this country, the legal immigrant community will have to pay the price.





    gcslave
    07-02 07:23 PM
    Wife got FP notice yesterday. None for me or my daughter. USCIS now has a new procedure where they will update the criminal background check without new fingerprints, unless old FP are unusable for whatever reason....That means no GC until end of July with all the remaining processing :(

    Was hoping to be out of this agony earlier.......
    Hopefully no retrogression in Aug.





    ps57002
    12-03 12:08 AM
    I added my older H1b case too of Dec 01 (i hadn't added such old case to my portfolio..didn't see need) and that had a LUD of 10/13/07 maybe due to my submitted cases of 140/ead/ap/485. Those had a LUD on 10/16/07 with notice date of 10/12.

    seems like some batch work was done on the 2004 cases today.



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