Thursday 30 June 2011

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  • rajenk
    07-30 12:50 PM
    What happens when old I-140 is cancelled by prior sponsor. Should the beneficiary still be eligibile to port his/her priority date based on the old approved I-140 (which is now cancelled ) ?

    Still the PD is yours to keep. The only time I-140 will get invalidated even for PD porting is when USCIS found fraud in that filing.




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  • tosca_travels
    05-15 12:27 PM
    I would like to re-enter the US after my trip since I'll basically be traveling with a backpack. I know I can just ship everything up front but ideally I would like to come back for a few weeks before leaving. Just wanted to know if this was an option.




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  • mmk123
    01-25 04:08 PM
    Query on behalf of a friend -

    What are the timelines for I-539 Change of Status for H1 to H4?
    Is premium processing option available for the this change of status?

    Friend worked till last week of pregnancy (clean H1 history before). Her 12 weeks of maternity leave is ending soon and looks like the family needs to pay attention to child's condition and she has no choice but to become a full-time mom (another full-time job in itself though). She was in status during her maternity leave (some part of which was covered by STD insurance, remaining unpaid leave totaling 12 weeks under FMLA). She needs to change her status from H1 to H4.




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  • glus
    01-02 09:23 AM
    hello,
    If you applied for their I-130 before the end of 4/2001, then they would be eligible for 245(i) and adjust status even if they are illegally here now. However, for 245(i) to work, would require them being present in the U.S. at the time you applied for I-130. In short, if they were physically present in the U.S. before the end of April of 2001, and if you applied for their I-130 before end of April of 2001, they can adjust in the U.S. If not, they can't. In any case, if they leave the U.S. now for consular processing, they will not be able to receive their immigrant visas because they will trigger a 10-year bar from entry to the U.S. and become inadmissible.

    I would advise to speak to an immigration lawyer before doing anything at this time.



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  • indianabacklog
    12-05 11:00 AM
    My husband has a pending I-130 visa petition (I am a US citizen, he's Italian, we live in Italy). Can anyone tell me whether he is permitted to enter (and exit, as we are still residents in Italy) the US on holiday (departure 19 dec)?
    I have not found any specific details in regard.

    In what capacity will he be entering the US? Does he have a visa?




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  • rajeev_74
    12-20 11:17 PM
    Hi,

    I was wondering if there is a limit on the # of travels for each AP approval. I received 2 AP documents valid until May 2010. I have already travelled twice. On my first return the immigration officer kept my AP document at POE (NY) but the 2nd time it was stamped & returned (Washington DC was POE) to me. I was wondering if I could use this document for subsequent re-entries or do I have to apply for a new AP.

    Thanks,
    Rajeev



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  • frostrated
    02-09 10:27 AM
    if your LLC is sponsoring your GC petition, then it is not possible. Your EAD will have certain conditions for employment, usually in the same line of work as the Labor Cert. Unless of course if you are a dependant EAD, then there are no restrictions on your employment opportunities.




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  • Pravan
    06-13 03:41 PM
    I'm a July 2007 filer going to file for my EAD for the first time. Since I'm currently on H1B, how should I answer this question

    I'm applying for:
    a) Permission to accept employment
    b) Replacement
    c) Renewal of my permission to accept employment

    I think I need to go with option "c" since moving from H1B to EAD would qualify for a "c" response

    Please advise.....

    Thanks



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  • superdude
    07-31 06:56 PM
    Great Work
    Guys,

    I just created a search engine (http://immisearch.blogspot.com/) to help all people looking for a better way to search topics around immigration related activites. The search engine came as a result of my countless hours that I spent searching to answers around the web.
    Try searching for any information with h1b, h4, Green Card, I-485, I140, citizenship etc, and the engine should give you a better result.

    Leave a comment at the blog and let me know what else could be improved.
    http://immisearch.blogspot.com/

    Also find out what people are saying at other threads..
    http://immigrationvoice.org/forum/showthread.php?t=11235

    -Vikram




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  • dpp
    08-20 10:31 AM
    Nebraska is the main and big center for USCIS. So, it has got more staff and more applications, more delays (sometimes). Nebraska transfers its load to TSC from time to time. Sometimes, TSC looks faster, but it is not real. It is fast because it has got fewer cases to process. When NSC sees that, then it uploads some of its load to TSC.

    Not all USCIS centers are of same size and staff. NSC is the big one.



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  • lavanyamohan
    03-16 01:43 PM
    Hi,

    I have 5 year bachelors degree from India and 3 years of work experience. I am in to Health sector.

    My question is I got my education credentials evaluated last year for H1B filing. but I missed last year's H1B quota and applying again this year.



    Do my last years evaluation report is scuffiscient or do I need fresh evaluation of my education credentials?

    How long the education evaluation report is valid Once evaluated?

    Please reply me

    Thanks much in advance




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  • sk.aggarwal
    05-13 10:42 PM
    if you upgrade to premium rfe can be sent over fax.



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  • loudobbs
    08-20 09:27 AM
    when did you receive the notice? Which service center?

    Any one??

    Whats next??




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  • richana
    08-05 04:48 PM
    You need to find out what type of visa etc etc I don't think she is giving you all the details. You can appeal on anything unless you have broken the law.



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  • dan19
    09-12 12:31 PM
    It was archived from friday
    http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html




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  • manand24
    10-08 08:26 AM
    I am also facing a similar situation. My lawyer advised me not to worry about this.

    Also, I think there is another thread talking about the same issue.

    See signature for details:

    PD 04/2006 EB2 INDIA
    I-140 NSC AP 10/2006
    SELF:
    I-485 NSC RD 07/02/07; ND 09/10/2007; RD 09/17/2007 from NSC
    I-131 (Travel Document) NSC RD 07/02/07; ND 09/10/2007; RD 09/17/2007 from NSC
    I-765 (EAD) NSC RD 07/02/07; ND 09/10/2007; Card received on 10/03/2007
    BioMetrics given on 10/05/2007

    WIFE
    I-485 NSC RD 07/02/07; ND 09/10/2007; RD 09/17/2007 from NSC
    I-131 (Travel Document) NSC RD 07/02/07; ND 09/10/2007;RD 09/18/2007 from NSC
    I-765 (EAD) NSC RD 07/02/07; ND 09/10/2007; Card received on 10/03/2007
    BioMetrics given on 10/05/2007



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  • alien4ever
    09-23 09:02 PM
    Hi,

    I have a friend in India who applied to a new H1B through a consultant, was lucky to get through the lottery but is now stuck in RFE because of issues with the consultant. He heard from someone else that the same consultant is getting rejects and is nervous that his case will get rejected too.

    I've heard that while a H1B case is pending (before it is denied), one can apply a separate petition from another employer and is still considered a valid application that is within the quota as it is for the same applicant.

    Does anyone have experience in this area? What do you recommend? I also plan to contact an attorney regarding this to help my friend.




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  • gcloner
    04-10 10:52 PM
    Hi! I need a help.. and I mean HELP. Cause my gc is still pending. we (my family & i) are still waiting for it to come and my problem is that I am planning to go back to my country to study college in there.. Classes will start on the first week of June, and i guess that I cannot wait for my green card to come. My questions are:
    1. Can I use my H4 visa (that had been issued in US embassy in my country of origin) to leave US?
    2. Do I still need to get AP?? Even if I am a dependent of my parent?
    3. Incase our (family) GC arrived in our house here in the US, can they just go home in our country of origin with the green card? (my greencard?)
    4. Can I use my green card (brought by my parents from US) to enter back to US???

    thank you from the bottom of my heart.




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  • nkavjs
    09-05 03:53 PM
    if this helps any one:

    My 485 filled on July 2nd @ NSC Received at 11:11 AM - No check cashed and no info.
    140 Approved from TSC last year.

    EAD is self-filed later on Aug 14th @ NSC with USPS tracking# proof.

    But EAD check cashed today from NSC (LIN#)

    It's crazy. What I can say more.

    Hi all : After talking to an IO, I discovered that using my name and DOB, they could only trace my application till I-140. They couldn't see any applications for I485/EAD/AP for myself and my husband. Huh.. weird.. What should I infer from this so-called drama. What should be my next move? Pls. advise.

    My attorney gave me a FEDEx tracking number, which states it was recd. by j. Barrett (NSC) on 2nd July. My application was complete with all different checks and all original medicals for me and my husband.

    This is ridiculous. Does it mean, NSC has lost my application (s)? I see LUD as of 8-5-07 on my approved I-140 number as per USCIS website? What does that mean? Gee. This is crazy.

    Thanks if anyone can help me figure out this mystery.

    goodluck folks
    Rph




    loudobbs
    08-20 09:27 AM
    when did you receive the notice? Which service center?

    Any one??

    Whats next??




    JadeNB
    09-11 08:01 PM
    I applied for a green card for my wife just after we were married on May 11, 2009. We received an appointment for an interview in Detroit on August 25, 2009, but we had moved to Texas in the meantime. The appointment was rescheduled at the Dallas field centre on September 14, 2009 (Monday).

    I am wondering what to expect, from the small details to the big stuff. My 3 biggest questions:
    . Does anyone have enough experience to say if there is there reasonable parking available at the field centre? I have never been to Irving. The web page says that there is public parking available, but nothing about how much.
    . I was married before, and applied for a green card for my first wife. It was granted in 2004, and we divorced in 2006. Should I expect extra scrutiny / challenge because of this?
    . Is one actually asked questions of the "What sort of toothpaste does your wife use?" variety? I'm really bad at remembering these details, and am wondering if there's any curve ball that I should expect.
    . Is there a general impression of whether the Dallas field centre is a pleasant or an unpleasant place? My dealings with my first marriage (many years ago) were all with the Chicago field centre, which is very unpleasant, but my one piece of business with the Detroit field centre were easy and pleasant.

    Thanks so much to anyone who can help relieve my nervousness about what to expect.

    UPDATE: I forgot to ask another one: At my previous green card interview, the interviewer asked for a set of passport photos and paystubs for several previous months, although the interview letter had not requested them. I had been warned about this, so I had them with me. Naturally, I am also bringing passport photos and pay stubs this time, just in case. Is there anything else that I might be expected to bring that wouldn't have been mentioned on the interview letter?



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