Saturday, July 2, 2011

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  • a_to_z_gc
    09-27 12:53 AM
    I don't think you read his question- He/She wanted to know if the FP can be done in an American Consulate General in India if he gets his FP notice while he/she is in India.

    Does anyone know of this situation and if any consulate in India can do the FP?


    If you get your FP notice while in the US go to the ceter any day at 7.45 am before the center opens and request the staff to do the FP.They generaly oblige.I did it in Los Angeles.




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  • chanduv23
    09-25 09:53 AM
    If you have not yet joined the Tri State Chapter - do it right now. Follow the link in my signature




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  • hibworker
    01-26 01:41 PM
    I am in H1b and my wife is a F1 student. Both of us are chinese.

    My company will apply the Green Card for me this year. As I know, my wife can be dependent on my application.

    My wife always go back to china every summary or winter vocation. She need to re-apply her F1 visa every year as a student from china.

    My concern stems from my wife's F1 status. We are wondering whether the immigrant petition will conflict with her F1's non-immigrant intention (unlike H1B which is accepted as a transient from non-immigrant to immigrant).

    Will this conflict have a huge affection on her F1 visa application in china?

    As a dependent your wife will have to join your petition at I485 stage - at that point she will not be able to get F1 as she would have shown immigrant intent.

    Prior to that, it will depend on how visa officer treats your pending GC app in relation to her F1. I have applied for I-485 but my wife hasn't and she recently got her F1 stamped in New Delhi without any issues.




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  • waitin_toolong
    02-08 08:29 AM
    first of all EAD is not a status just a work authorization.

    If you do not get H1 transferred before you lose your job you automatically fall on to AOS pending status and I-485 keeps you legal.

    If you find an employer later to sponsor H1 ypu just file for H1 transfer and can start work using EAd and the day the H1 approval comes you move to H1. There is no need to move to H4 in the interim.

    You dont have to inform USCIS about using EAD to work. The I-9 that you file with employer takes care of that.

    If you have not completed 6 years on H1 you will not be subjected to cap



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  • a_yaja
    08-17 05:06 PM
    Thanks for your reply. What does DMV care about to decide till when the license will be valid?

    1. H1 visa on the passport
    2. H1 approval notice
    3. Can I show them the AP?

    You said that you live in IL. As far as I know, in IL, they do not care about Immigration Status - unless it is something very recent. My brother lived in IL till March 2009 - and his DL was issued for 4 years. I am sure that this is the case for Motorcycle license too.




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  • suryamnb
    11-15 07:20 PM
    Congrats!!!!!!!!!!. You filed in Aug and received AP.

    I filed in July (Please see signature) but Ap not reveived.

    Friend of mine file in Aug and received the AP. Did your case status on website got updated?
    Thanks

    Yes. It was updated in online case status.



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  • Dhundhun
    05-12 12:22 AM
    In case of death: None, unless enough points are there and a child less than 16 years or non working spouse over 60 years.

    I was trying to intrepret social security benefits at www.ssa.gov.

    It reminded me, what my wife's doctor told us 3-4 years ago (my wife is with the same doctor for the last 6-7 years) � some people in US want to have a child born, when they are getting old � it took me 3-4 years to understand.

    Here is story - My wife take X class of medicines due to diabetes (I think this means medicines can adversly harm growth of a child during pregnency). So doctor was trying to explain, whenever we want to have child what precaution we have to take and how they help in this type of situations. We asked doctor- how could we think of having another baby, when our kids are grown up, one finished MS, the other one is doing BS. Doctor�s reply was that some people in US want to have a child born, when they are getting old � there are reasons.

    After interpreting SSA pages, I think, now I understand economic part of having child in old ages. If Mr A has accumulated enough social security points, Mr. A�s wife is not working, she is of 44 years and she becomes mother, this child is like insurance. If case of death of Mr. A, wife of Mr. A and Child of Mr. A will keep on getting social security benefits (this is up to 16 years). At the age of 60 (minimum age, when one can get Social Security benefits), Mr A�s wife can start getting her own Social Security benefits.
    Getting term (life) insurance is not possible without GC. Three agents tried to help me at different times, they did not succeed � perhaps US lawas are like that. Thinking negatively getting GC may be long wait 5 years, 10 years, 20 years, even 30 years.

    Just wondering, is it a common practice to have a child born in old ages as an insurance? Whether H1B people and people at GC path are aware of it?

    For me this interpration is a learning and wanted to share it.




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  • whattodo21
    01-28 09:15 AM
    If waiting for decades is not considered backlogged, don't know what it should be called!



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  • cygent
    06-15 02:55 PM
    Hi Folks,

    It is crunch time! Since PD are current, many folks have only until June 30th to extend H1 visa for 3 yr. extension. So only 15 days left!

    How much time has it taken for members to get 140 approved though PP? I value your feedback, or pls. point me to a poll/data elsewhere. Please also state when was the timeframe you applied/for it approved (day/month/year)

    Thanks & Regards!




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  • Blog Feeds
    08-12 09:50 AM
    There is not a dull moment this summer for us immigration lawyers, all thanks to good old USCIS. On 8/6/09 USCIS announced that it has reopened the fiscal year 2009 H-2B petition filing period and will immediately accept petitions. This is after closing the cap in January this year.

    How could this happen? The Department of State received far fewer than expected requests for H-2B visas and as a result, has issued only 40,640 H-2B visas for fiscal year 2009 to date. This means that there are approximately 25,000 visas that may go unused, as they have not been granted. Because of the low visa issuance rate, USCIS is reopening the filing period to allow employers to file additional petitions for qualified H-2B temporary foreign nonagricultural workers.

    But the catch is that filing and processing must be done by September 30, 2009. So those eligible must use the premium processing to do so. Also, employers must submit the Form I-129 Petition for a Nonimmigrant Worker to USCIS with all required documents, including an approved Alien Employment Certification from the U.S. Department of Labor that is valid for the entire employment period stated on the petition. The petitioner must also indicate an employment start date before Oct. 1, 2009. Otherwise the case will be considered for fiscal year 2010.

    These are good news for employers in the Hospitality and construction industries, as long as they have approved Labor Certification to be used. My guess is that there are not too many employers that filed for Labor Certifications knowing that visas will not last too long. But this is an indication for the future of the H2B visa and the cap restrictions. We call the government to lift the cap once and for all.

    Read the press release from USCIS here Download file (http://www.visalawyerblog.com/uscis%202009.pdf)







    More... (http://www.visalawyerblog.com/2009/08/h2b_visas_uscis_announces_reop.html)



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  • smuggymba
    09-12 09:44 AM
    Hi all!
    Wat would be the status of F1 student (OPT) mother of a US born baby after her visa expires, who is a single parent???

    It would be illegal.




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  • pinak32
    11-27 05:30 AM
    I got tired of searching for appointments myself on the NVARS website and signed up with XVARS instead. Lets see if they deliver. I picked Toronto between 12/07 and 12/20 so hoping they find me my appointment. Will post an update again soon.



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  • lostinbeta
    09-30 02:21 AM
    Hey luksy, if you don't want your Wacom that much I will take it off your hands:evil: Ok, so I was kidding (unless you really don't want it).

    I don't have one but I want one sooo bad. Drawing with a mouse is such a pain and I don't have a scanner to scan my paper drawn images.




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  • rams75
    09-29 11:49 AM
    Switch from Adjustment of Status (AOS) to Consular Processing. The caveat is you lose your EAD and will have to wait for your PD to be current before you can work in the US again. Unless you get a new H1 and want to start over!



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  • jkamdar
    04-17 01:02 AM
    I have received the following 485 Rfe for my spouse and myself, I am posting the whole
    text from RFE letter. Also USCIS has sent me a copy of the current I-693 Form which
    was sent with our application as a sealed copy.
    The reason I think for the RFE is because the civil surgeon I had used was in the list
    of USCIS civil surgeons in 2007 but now he is no more in the list, hence as they touched my application now, the form need to be signed by a designed civil surgeon on the current uscis list. Has any one received an rfe like or similar to this.
    Please suggest the best possible to resolve this one.


    Request For Evidence

    This office is unable to complete the processing of your application without further information. Please read and comply with the request below, then submit the evidence to the above address. Include a copy of this letter and place the attached gold sheet on top of your documents.

    A review of your file indicates that the medical examination(Form I-693) you submitted was not completed by a designated civil surgeon, and therefore this Service cannot accept it.

    Please take the enclosed copy of Form(I-693) with this notice to the same clinic so that
    the designated civil surgeon can review and sign the medical examination. A list of designated civil surgeons can be obtained by calling the USCIS National Customer Service Centre at 1-800-375-8253, or via the USCIS website at www.uscis.gov. You do not need to undergo the entire medical examination.Once this is complete, please return the amendend Form I-693 in an envelope sealed by the designated civil surgeon.

    You must submit the requested information within thirty(30) days from the date of this letter(33 days if this notice received by mail). Failure to do so may result in the denial of your application.




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  • ssdtm
    09-15 04:47 PM
    He will have to file labor again.

    Few things to note:
    � It does not matter if he is PhD or not, what matters is that the job for which his company will be applying his Labor justifies a Masters or PhD. If he qualifies, then yes, go ahead and file a new labor.
    � New labor is not as fast to get approved as was earlier. It is taking from anywhere 12-14 months now a days to get it approved. It is only after labor approval that you can port.



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  • stephsh
    01-20 08:32 AM
    I solved it :)




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  • gc03
    05-12 08:05 AM
    The passage of the CIR in the Senate is reportedly almost assured. The question remains how much change we will see in the Senate's final bill. One of the agreements which the leaders of Republican and Democrat Senators reached as part of the deal involves the procedural matter that will allow "amendments" on the floor to the CIR proposal which the Senate almost passed when the Senators left for the Easter break in April, 2006. It is thus likely that there may be introduced a flurry of amendments on the floor and a fierce battle on these amendments. Accordingly, the liberal version of the Senate proposal may be substantially compromised before it is enacted into a law this year. We will see the first compromise in the Senate this month before the Senate passes its bill. The second compromise will take place during the Senate-House Conference Committee proceeding after May 2006. It is thus almost certain that the current CIR proposal in the Senate may be substantially toned down and compromised to accomodate the hawkish conservative Senators and members of the House.

    Considering the fact that the Senate will procedurally open opportunities for the Senators to introduce amendments on the floor beginning from next week, this may be the last chance for the pro and con lobbysts to make their voices heard and reflected in the Senate's final bill. Such opportunity will include both legal and illegal immigration legislation in the CIR packet.

    May be it's time for us(IV) to lobby Senators to incorporate IV Goals into Final CIR bill!




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  • panky72
    06-24 04:51 PM
    A friend of mine just told me that USCIS has issued "guidance" a couple of weeks ago that allows using the EAD and at the same time "preserving" the alien's H1B status.

    I can't find the document, but he swears that he read it..

    Not true. There was a request from AILA to USCIS regarding this issue for maintaining H-1 with full time employer and to work on EAD for part time work. USCIS does not not permit that at this time.




    s416504
    11-17 08:48 AM
    Please Update your profile.




    Blog Feeds
    10-15 12:10 PM
    A Blog reader called me the other day and wanted to know when his priority date will become current. His I-485 adjustment was filed in August 2007 when visas opened up for 30 days, and since that time retrogressed. The applicant is from India and like many others in his shoes is eager for answers. So how do visa numbers become available?

    In order to approve an application for adjustment of status (I-485), there must be a visa number available in the particular category. This, in turn, depends upon the country of chargeability and the priority date of the case. Once the U.S. Citizenship and Immigration Services (USCIS) has reviewed a particular I-485 application, a request is submitted to the DOS for a visa authorization. If the USCIS makes the request for a visa number to the DOS when the priority date of a particular case is current, and an immigrant visa number is available, the authorization is transmitted and the USCIS can approve the I-485 application. This is all tracked through the DOS Immigrant Visa Allocation Management System (IVAMS).

    If an immigrant visa number for a particular individual is requested from the DOS by the USCIS, but none is available, the request is moved to the "pending" file with the DOS. Data from this pending file is used by the DOS to calculate the appropriate cutoff dates for the backlogged categories in the Visa Bulletin each month.

    Cases placed in the pending demand category are processed as immigrant visa numbers become available. The DOS communicates with the USCIS regarding the A numbers of the cases for which visa numbers have been authorized. These cases are then processed to completion and green cards are then issued by the USCIS.

    As you can see, this is a very complicated and streamlined process, with actual visa numbers tracked, issued, and assigned to particular green card cases as part of the approval process. Clients often do not understand why they have to wait, sometimes years for visa numbers to open, even after USCIS approvals. We hope that both agencies will find a better way to talk to each other and make the Immigrant visa process and much smoother one.







    More... (http://www.visalawyerblog.com/2009/10/san_diego_immigration_attorney_15.html)



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