Wednesday, June 29, 2011

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  • agc2005
    11-14 11:02 AM
    You can find ASC follow the link.

    https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=ASC




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  • gc4vk
    12-13 04:43 PM
    Have another question regarding AP, we have filed 485 in jul 07, we got Recept for AP, but no other updated on AP, in case of Emargency can we go to the local office to get AP, is there any Rule that poeple applied AP for the first time will not get the same from local office.

    Pd: EB3, Aug 04
    I 140 : Jan 07
    485: Jul 07




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  • zeusjerry
    03-26 01:30 PM
    Hello Mates & Buddies,

    I am currently holding Indian Citizenship and planning to file my H1 on Indian passport.
    But at this year end I am also planning to take my Australian Citizenship.

    So could anyone please suggest or share his experience whether transferring H1 on totally new citizenship is possible or not ? if yes then what's the way ?

    And does anyone has any experience or knowledge of E3 (Australian Work visa to USA).

    Thank in advance !!!

    Always,
    Nirms

    Are you planning to shift the H1 to a different citizenship for retrogression based issues ?? if so, i dont think there would be any advantage as Green Card Quota's are based on "Country of Birth" and not citizenship..




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  • waitnwatch
    08-27 06:03 PM
    It is called interfiling. You can use a new 140 (approved or pending) to replace the existing 140 (approved or pending) for an I-485. Even though the common perception is that the PD must be current, it is not true (per Murthy).

    I'm not a legal person, please verify from an attorney

    Where did you find this on Murthy. I ask this because I have a similar but slightly different situation where I have an EB-1 140 pending and I concurrently filed an EB-2 NIW. If the EB-1 140 comes through by chance I would like the already filed I-485 to be attached to the EB-1 at that point.

    I have been looking for an answer to this question but haven't found a satisfactory answer anywhere.



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  • Blog Feeds
    11-16 02:40 AM
    As we move closer to an Immigration reform, even government officials agree that such major change is very necessary. Here are some remarks by Secretary Napolitano on Immigration Reform at the Center for American Progress:

    Over the past year, as this Administration has pursued more effective strategies within the current laws, the picture of how exactly those laws need to be changed has become clearer than ever before. In the past ten months, we have made tough choices, and implemented significant reforms within the current legal framework�but they are not enough to create the system that we want or that we need. If we are truly going to fix a broken system, Congress will have to act.When it comes to immigration, I took an oath as Secretary of Homeland Security to secure the nation by enforcing the law and managing legal flows across the border. Let me be clear: to do this job as effectively as possible, DHS needs immigration reform.Reform legislation would provide lasting and dedicated resources at our borders, and provide some critical legal tools that we don�t currently have to combat smuggling organizations. For example, we need tougher anti-smuggling laws in dealing with the aggravated crimes smugglers commit�including assaulting law enforcement officers, endangering children, threatening relatives and abandoning people in the desert� hundreds of whom succumb to death from heat and lack of water. We also need to update current laws that don�t cover some of the new means by which criminals conduct their business. For instance, today�s smugglers and drug traffickers often move cash through �stored value� cards, which aren�t even considered monetary instruments under the current money-smuggling laws.In addition, we need improvements to the current law when it comes to interior and worksite enforcement. Dishonest businesses often ignore the civil fines for illegal employment now on the books because they�re so low. It�s also very difficult to prosecute these crimes as felonies because of the over-elaborate intent requirements built into the current statutes.

    Read more here... (http://www.dhs.gov/ynews/speeches/sp_1258123461050.shtm)




    More... (http://www.visalawyerblog.com/2009/11/why_dhs_needs_immigration_refo.html)




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  • minimalist
    05-23 09:21 PM
    My wife was on H4. Her VISA and I94 are expired. I'm still on H1 (valid). Our 485 applications are pending. We have valid EAD cards but not using them. Can I apply for my wife's SSN using the EAD Card + I485 Receipt? Or does she need to have valid I-94 along with the EAD to apply for SSN? Does she need SSN to work on EAD?
    You should be able to apply for SSN with EAD. Please read the SSN filing instructions and come back if you have any specific questions.



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  • lpahari
    11-16 12:24 AM
    Hi,
    I am a green card holder via the DV program of 2007 and my husband is on student visa. We had entered US individually prior to our marriage. Our marriage took place back in Nepal in 2008 and considering the long waiting period for the dates to become current, I didn't file I-130 for my husband immediately after our marrigage thinking that we would wait for my citizenship. But now seeing the advancement in the current dates for Family based visa, I would like to file the I-130 for my husband. Please advise what my best bet would be? Wait until I get my citizenship or file now? Also if I file now, how long might it take for him to get his EAD and GC?
    Can I file the I-130 form on my own for would need to get a lawyer for that. Currenlty we are in Seattle, Washington.
    Any suggestions will be highly appreciated.




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  • mp70
    07-01 03:41 AM
    We got H-1B 7th year extension approved (through Premium processing) at CSC on 06/12/2008. The extension of stay was also approved. We received the I-797C (courtesy copy) and travelled to India with it (along with all the relevant documentation for the H-1B visa stamping) at Chennai. We now realize that we need to I-797A and for some reason the company's legal dept did not receive this yet. The legal dept usually receives both I-797A and I-797C. The chennai consulate does not accept I-797C for stamping.

    What are our options here. Though I-140 is approved and I-485 is pending for us, I had not applied for EAD/AP since I plan to continue with my current employer (agreed it was a mistake that I did not apply for the AP). I am with my family now here in Chennai and have to return to the US at the end of July. Will the USCIS send us a duplicate since we never received the original I-797A. The other option is to file I-824 but the processing time is crazy long. Is their expedited processing available for this due to the urgency of the situation? Please help with your valuable inputs.

    Thanks. MP70



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  • lahuja1
    01-24 03:39 PM
    The LCA was only filed last week (01/18)...




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  • javadeveloper
    03-28 06:34 PM
    If the employer agrees not to revoke the 140, Can I change the employer after getting EAD. 485 application is pending but less than 180 days.


    My project is getting over, and it seems hard to find a h1b job.

    pls advice

    I think your employer should cooperate with you by not withdrawing your I-140.



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  • awi_ok
    02-19 09:19 AM
    Hello,

    The cancellation of H1b takes 4-5 months and untill then nothing much to worry. You can join new company as soon as you file for H1b transfer.

    Hope this helps.

    Thank you so much for the response.

    T.




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  • va_dude
    09-24 04:20 PM
    The choice is pretty clear - apply for your GC (labor).

    That way atleast you are in the system and have a PD.

    Later on you might have some options to switch from Eb3 to Eb2 with the same or a different employer. Also if uscis manages to clear most of the backlog by end of 2010, then your wait won't be as bad as it has been for folks waiting since 2003.

    And maybe even the possibility of a CIR bill next year will speed things up for you.

    So the way i see it, things really cannot get any worse for you. So just apply.



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  • AnishD
    04-02 10:47 PM
    I dont think so since someone is doing premium processing, the chances of getting RFE are more. Rather i read in other posts that we should go for Premium processing as it is faster and we come to know the result of the case quickly rather that awaiting for weeks/months.




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  • moonrah
    10-16 09:51 AM
    I received A#. You can contact your lawyer and ask them. I haven't filed yet.



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  • us_employee
    08-26 10:52 PM
    Thanks




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  • gc_chahiye
    09-19 05:21 PM
    if i use EAD for a part time job, does the H1B visa status become invalid?

    yes. look up the archives, this has come up quite a few times. Some people say going from EAD to H1 is a one-way street and coming back requires new H1 subject to cap. Many others (including my attorney) say that you can come back on new H1 (or even existing H1 petition if its not expired) without being subject to quota/cap. Reactivating the H1 does require a trip out and back into the US.



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  • Ann Ruben
    06-30 07:00 PM
    Because you have already been counted in the H-1 quota for FY 2008, you should be able to file for a change of status to H-1 without again being subject to the quota and should not have to wait.




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  • immilaw
    09-19 06:16 PM
    My company has just changed the rules. From now they are unwilling to pay the costs incurred in the visa extensions for the spouse.
    Is this legal? Does anyone have any links etc that I can pass on to HR if this is illegal. Thanks.

    Under the law, the employer is only obligated to pay the training fee, i.e. $750 or $1500. The rest of the fee including the H-4 fee can be paid by the employer or the employee.




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  • wandmaker
    05-12 04:04 PM
    Thanks for the input. Do you have any publications or IRS findings that you could direct me to that could be used to substantiate the argument that the benefit is non- taxable? I have not been able to find anything that says that the green card is non-taxable.

    I am afraid not, you will have to talk to a tax consultant




    doudou
    02-25 09:03 PM
    Can someone travel with AP with an expired passport? Thank you.




    ilikekilo
    07-02 08:50 AM
    if u were you get in touch with a lawyer and see ur options...i wouldnt wait anymore



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