Friday, July 1, 2011

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  • 485_spouse
    07-09 01:08 PM
    Hello everyone, i have a good news to share that i just checked my case and it shows "Card production ordered". I guess it means my 485 has been approved.

    Thanks a lot for everyone here and you guys are very helpful and ofcourse this web site as well. Great and good luck to everyone!

    Well, i do have a question regarding my wife 485 case which i just filed this month (July 1st) as my case is current from July 1st. I filed my 485 before i got married, and now it is time and i filed on July 1st, and not received any receipt number from USCIS for my 485 case.

    As per my lawyer, there is no worries as we filed on time, and your case is approved just today, means, they should process your wife case when time comes. May be another 4 or 6 months. As long as her case is processed without any issue, then it is fine.

    I would like to hear from you guys that if anyone has got this kind of case and any inputs from you guys would be really appreciated.

    Thanks once again for all you guys help, and inputs. Great!

    Your lawyer is right. I was in the same situation. For employement based GCs you can file dependents case upto 180 days from approval. Check law 245(K)





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  • STAmisha
    06-30 11:43 AM
    Please check the answers below

    Hi,

    I have approved labor (filed Apr 2004 and cleared Jan 2007) in EB2 category. But it was filed wrongly in EB2 as somehow it got cleared. But now I got RFE on I-140 and there is a verly bleak chance of getting it cleared.

    In the meantime I am thinking to file a new labor by PERM (from same employer). I have few questions regarding this:

    1. Can I file new labor in PERM without affecting my current labor and I-140 ?

    YES

    2. Do I have to mention in my new labor about my old labor and I-140 ?

    I dont think so. CHeck with a lawyer

    3. Can I use different experience letters in new labor as my old labor is in jeopardy because of experience letters only.

    Check with lawyer
    Thanks
    DC





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  • fromnaija
    06-28 03:52 PM
    Hi:

    I am currently using EAD. My I-485 is pending status. I am planning to get married in India soon. She will be in India as I can not bring her on H4 and student visa is difficult. So dilemma is about 485 name addition. Can I add spouse's name in I-485 application whenever Priority Date is current?

    If yes, then how does it work? I mean is it possible at all?

    As long as you get married before your I-485 is approved, you can file a 'follow-to-join' petition for your spouse when your priority date becomes current. You will need to submit I-824 when your PD becomes current. Your spouse will obtain an immigrant visa overseas after the petition is approved.
    You may contact an immigration attorney if you cannot file this on your own and require help.





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  • pd_recapturing
    05-27 11:17 AM
    do we need to send passport size photos along with supporting documets after efiling ?



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  • flyingmonkey456
    06-30 02:46 AM
    i'll pay you 10 bucks to eat it :P





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  • Saralayar
    07-10 05:45 PM
    IMO there is a good chance you will qualify for EB2. When doing educational evaluation, you should base your claim on your masters degree. That way you would qualify.

    The worst part is in justifying an EB2 case. As the job market is very bad and many US citizens with the required qualification for the position are available, it will be very difficult for the company to justify that no one in this country is available except you for this position. Lot of big companies are afraid as there is a strict AUDIT that will be enforeced by USCIS in case they have a doubt about the non availability of a citizen for that position.



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  • ewapu
    03-11 08:15 PM
    hey i got 2nd one from the NSC. Is it happening with many people??

    wat r the chances if handled carefully???

    please share your advice nd experiences. thanks a lot





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  • fcres
    06-29 04:00 PM
    I had EAD from Aug 2007 to July 2008 which i never used. Now i would like to get EAD again. Should i file it as renewal or applying for a new one? TIA



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  • kshitijnt
    09-02 07:23 PM
    If you travel while I539 is pending, your 539 will be considered abandoned.

    Its better to travel anyway if you are planning on it and then apply for visa.

    Also do not use friends address. Once you move, you can file for AR-11 online and at that time it gives you an option to link any pending petitions to the address you just changed.





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  • marco
    10-09 10:55 AM
    120 days



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  • dtekkedil
    07-30 06:34 PM
    1) There are flights from Manchester, NH to Baltimore, MD for about 150$ (Flying to DC from Manchester costs an additional 100$). It is just 45 miles from Washington, DC. I have read in one of the postings that there are trains from Baltimore to DC Central. We can book hotels in DC through Priceline.

    2) If we have enough people, we may be able to drive to DC (rent a bus or a minibus from Boston) But it is at least a 10 hour drive. That means we may have to take at least half the day off on Wednesday as well. We can then start back Thursday evening itself.

    It makes sense to book hotels together as it will give us a better chance to prepare for the rally.

    I hope more people come forward. I know this is a difficult thing to do. But it is necessary.

    There are so many IV members from in and around Massachusetts and only one other has volunteered so far!





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  • meridiani.planum
    12-20 04:09 PM
    You think the quota this coming year will be exhausted on 1st April itself? Or do you guess that its going take longer, if not as long as this past year?

    my guess would be its going to last a few months again. Not as long as 2009 (ie. not till Christmas) but definately not on the 1st of April.
    The H1 usage is a good reflection of the economy and the rate of hiring. Both have been bad, are expected to still be bad till April and only slowly start to pick up. So demand will be more than this year because:

    - economy is expected to better, hiring is now slowly starting.

    - many companies who were prevented from hiring H1s under TARP limitations are now out of TARP (this applies to the finance sector on the east coast, not so much to the west coast IT companies).

    the only thing that could push down demand if there is some kind of immigration change like the ones that Sen. Grassley etc have been pushing for, trying to make H1s more restrictive.



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  • patricia
    01-21 03:43 AM
    You have answered your own question. This immunization protects you from most forms of TB and causes you to have a positive skin test since you have antibodies in your system to attack the PPD test ingredients when they are put under your skin.

    Not sure why you are worried about it? This is no different from the other vaccinations you were given as a child that you had no choice on.

    I am from the UK and every child was given the BCG vaccine for decades, normal course of growing up.Thanks for your reply.





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  • dealsnet
    01-28 08:34 AM
    If you overstayed more than 180 days will trigger a ban. Apply for a visa, or try to find out from CBP or your local consulate or embassy, to find out the ban period. May be 3 or 10 years. You can appeal for ban waiver. Tell the truth at consulate, if not the ban will be greater.



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  • wc_user
    07-16 05:42 PM
    Thanks for all your reply. I filed it online and then sent the photos and other requested documentation by mail. I'll wait for the RFE and will let you know what it is about.





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  • kart2007
    06-02 06:43 PM
    Hey I got the same status update for my wife and me today. I think it means we can expect an interview or be called for FP soon. Any more info would be useful.



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  • wandmaker
    10-23 01:39 AM
    USCIS will send 2 FP notices for the same appointment date & time, If you have filed G28 for your I-485, one to your attorney and one to you.





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  • cardamon
    08-29 09:33 PM
    Hi folks,
    Does anybody know if there is a receipt for I-140?
    I'd like to make sure that it was successfully received by processing center. Do you think it is polite to ask my company lawyer for this receipt or since she told me that it was filed I should just sit and relax...:rolleyes:





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  • go_guy123
    09-04 01:23 AM
    I am a nurse from the Philippines currently living in northern California, enrolled in university, working towards my masters degree. I currently have a F1 student visa, have already passed the NCLEX and also hold a Philippines RN license. I don't have any work experience as a nurse besides my clinical experience as a student. I wanted to know what my current options are? I have a company willing to sponsor me on the east coast. I was referred to them by my sister-in-law who is currently working for them. I spoke to the companies recruiter but she couldn't answer some of my more detailed immigration questions.

    I just wanted to get some options from some helpful members here. I currently have an appointment with an immigration lawyer next week but wanted to be somewhat inform on my options before meeting with the lawyer.

    I know their is a long wait currently for nurses coming from the Philippines. Does it make my situation a little easier considering I am already in the US on a F1 visa? I was told that if they were to lift retrogression for nurses that I would be process asap because I am currently living in the US legally... I seriously have my doubts about this lol.

    Any insight on my current situation is much appreciate.

    Thank you all very much,

    Sheryn:)

    A lot of nursing jobs dont need a 4 yr bachelor's degree and thats why you cant use
    H1B for that unless the specialised nursing jobs needs a bachelors.
    Therefore (thankfully) Nurses are directly applied for Green Card EB3. However there
    is significant backlog even for ROW EB3. There is lobby effort to allocate green card quota for nurses like they did in 2004.
    The employer (with the lawyer help) will file I140 for you and when the PD is current you can file I485.
    But since you are on F1 visa, filing I140 you might have problem with the non immigrant intent clause at the
    port of entry.





    aguada
    11-09 11:40 AM
    My case: Perm Approved, I140 approved last year, long wait for I485. I have (had) 3 years extension till 2013

    My company's lawyer was supposed to revoke H1 of say (name changed) Venkatesh Natarajan and they by mistake revoked mine because of similarity of name(Vedant Narayanan). This happened in July and got approved in August (see below for details). The day my company got to know a wrong employee's H1 was revoked they filed for reinstatement.


    Here are the chronological events

    Date on which my H1 revocation notice was sent to USCIS: 7/28/2010

    Date on which USCIS agreed to revoke my H1: USCIS says they got our letter of revocation on 8/15/2010, but their letter was dated 9/27/2010

    Date when my employer was informed by lawyer's office about revocation: 10/24/2010

    Date when my company filed for reinstatement of my H1, with pre-paid FedEx packet for USCIS to use with a reply: 10/25/2010. The USCIS has not responded to this letter.

    Currently the action being taken is that they are in a process to file a new H1B as a backup, if USCIS doesn't reply to the letter or if they say that revocation process can't be undone.


    I read about this nunc-pro-tunc provision. Do you think my new premium H1B should be filed with the nunc-pro-tunc provision? So that my new H1 is backdated from the day it was revoked.

    References:
    MurthyDotCom : Nunc Pro Tunc H1B and H-4 Cases Approved (http://www.murthy.com/news/n_nunpro.html)
    MurthyDotCom : Murthy Success Story - Previously Denied H-4 Nunc Pro Tunc & I-485 Approved (http://www.murthy.com/news/n_mssnpt.html)
    MurthyDotCom : Eligibility under Sections 245(i) & 245(k) for AOS (http://www.murthy.com/adjsta.html)

    Section 245(k)

    Section 245(k) enables a person who is adjusting status in an employment-based category (whether on the basis of a labor certification or in one of the special Green Card categories that does not require a labor certification or job offer) to adjust, even if s/he has been out of status or worked without authorization for less than 180 days. This provision does not require an immigrant petition or labor certification to have been filed on or before any particular date and there is also no penalty fee involved.


    Will this 180 days 245(k) clause help me in anyway?

    How should we tackle this situation. Is there any other options that we can try, any phone number we can call? Any way we can ask USCIS to undo the revocation? Any suggestions/pointers appreciated.

    Thanks





    hmehta
    06-07 06:03 PM
    Unfortunately, nobody can predict this.



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