Monday, July 4, 2011

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  • desiest
    04-19 02:06 PM
    uscis sent incorrect alien registration # with my name to fbi for name check which ended up in an error . now after waiting for 2 years and 4 months uscis tells me that they are going to assign me a new alien # and send name check all over again. i am stuck please help..what options do i have to expedite this as it was uscis error.




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  • jsb
    06-18 02:38 PM
    Hello Everyone,

    Here is my situation:

    1) My 6 years H1B with Company-A ends Sept 2011
    2) I-140 approved and my priority date is Aug 2006.
    3) Company-B(end client) offered a full-time position starting Jan 2010.

    What are my options? My questions are:
    1) Will I be eligible to extend my H1B with Company-B for another 3 years? Do I need a I-140 with Company-B to extend?
    2) Is it possible to use the labor and I-140, that I filed when I was with Company-A, to file for I-485? If I can, can I file the I-485 independent of Company-A? Do I need any kind of approval or paper work from Company-A?
    3) When Company-B sponsors my GC is it possible to port the priority date? Do I need to restart the whole GC process again with Company-B?

    I am really confused. Please help.

    (1) You can transfer your H1B for company B up to Sep 2011, but cannot extend it.
    (2) Assuming you have not filed your I-485, you can not use labor/I-140 of company A. A fresh Labor and I-140 will be required.
    (3) Priority date will be ported from your original application with company A




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  • macho
    09-05 07:46 PM
    Hi,
    I am writing here for the first time.
    My checks got encashed only for EAD/AP.
    I filed concurrently I140/485 and PD is 2006.
    Can some one tell if this is normal?
    Thanks




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  • waitin_toolong
    07-03 05:38 PM
    his GC is approved, before he leaves the country take an infopass appointment and get I551 stamp on his passport for him to be able to reenter the country. if he will be out of the country for more than 6 months he might need a reentry permit as well.

    the card will come when it will.



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  • akumbako
    10-02 05:32 PM
    Hey Nolanians!!, I'm another one here. Lets get this rolling out in Big Easy.




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  • cool_desi_gc
    03-18 06:26 PM
    Thats a good set of documents to be sent. You should be all set.



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  • visausa
    08-09 08:48 PM
    Hello,

    I would like to know is it safe for person on H1b working at client place, to sponsor USA visitor visa for parents.

    Recently I heard it's difficult to renter a person with H1b visas into USA.

    Kindly guide me.

    Regards,
    :)




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  • p_kumar
    07-19 03:25 PM
    How will USCIS process the I-485 petitions?. According to the applicant's labor priority date or I-485 petition receipt date?. pray tell....:confused:



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  • vshar
    03-13 11:29 PM
    It is form G-639. You can get it from USCIS website.




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  • javacool2008
    07-18 01:23 PM
    My lawyer is talking about that I need to watch the visa bulletin board again?
    I am EB3, China.
    I don't understand if the USCIS accpted my forms, why am I still need to watch the board.

    If I got my recipts after 30 days. What happens then?



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  • InTheMoment
    11-01 01:30 AM
    A biometric appointment notice on the way for you !....most likely.




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  • sagittarian
    08-30 10:02 AM
    My current reporting structure with my employer is:
    Client -> Prime Vendor -> Consultant X -> My employer

    Another consultant is ready to transfer my visa and the reporting structure there is

    Client -> Prime Vendor -> My employer

    A prime vendor (not the same client) is also ready to transfer my visa

    Client -> My employer


    I am planning to transfer it to either (or both) of the above two companies. Will there be a problem in those two companies filing for a tranfer at (approx) the same time?

    Is there a way I can ask an attorney directly (I am willing to pay for that service)



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  • andycool
    12-25 07:19 PM
    Hi,

    Need quick suggestion:

    Company A filed for GC. Labor and I-140 was approved. I-485 was filed during July 2007.

    I changed employer in June 2009; replied to RFE and filed AC21 in July 2009.

    I came to know that my GC sponsring company is going to close the company soon. My current immigration attorney is suggesting that if that happens; and if INS came to know that GC sponsring company is closing down, they will revoke my I-140.

    Is it true? I thought after AC21 is invoked; whatever happens to GC sponsring company, it will not impact my GC application in any way.

    Please advice.

    V

    you should be fine ...
    just keep your AC21 documents intact...
    Have a happy new year ..dont worry,




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  • glus
    05-11 06:51 AM
    I have a B1/B2 visa that I'm thinking about coverting into F1 visa when I get into the US I just have few questions:

    1- How long does it take to convert the B1/B2 visa into an F1 visa?
    2- If my visa gets converted into the F1 visa, does that mean my B1/B2 visa is cancelled and I have an F1 visa or what am I?
    2- Will it be possible to leave the country for few months(after the conversion of my B1/B2 visa into the F1) and then return back to the US with ease to continue my studies ?

    Thank you very much for answering!!!

    1. It takes 3-6 months to change STATUS from B-2 to F-1;
    2. Your visa does not get "converted". Your status changes to F-1 if approved. In your passport you will still have a B-2 visa.
    3. If you leave the country after changed status to F-1, you need to go for F-1 Visa stamp in order for you to comeback and continue studies. Risk of not getting F-1 stamp is high for those who changed status to F-1 while in U.S. I never left US after changing to F-1 because my attorney and my International Student advisor advised it was too risky to do so. This is because if US consulate denies issuing F-1 visa, the consulate my also cancel B-2 visa at the same time because both carry non-immigrant intent amongst other factors. You can't just leave for a "few months" and just comeback while studying on F-1. The F-1 visa and related I-20 documents specify how long the program of studies is and you should be attending every semester taking at least 12 credits each semester, with the exception of the last semester, in which you don't have to carry 12 credits as long as after the last semester your degree is granted.

    Hope this helps. It is based on my own experience. Speak to an International Student Advisor at the school which you have selected for more details. Good luck.



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  • westh1b
    04-11 11:05 PM
    Can any one please guide me that how to file complaint to DOL against his body shopper?




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  • paskal
    06-24 10:40 AM
    had a positive years ago
    never had to have one again
    CXR was -ve
    at some point my employer recommended taking INH (medicine) prophylaxis
    friends advised me that immigration issues will ease up
    so i took it
    hopefully i'm all done.



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  • jthomas
    10-18 10:32 PM
    Any tips on getting interview dates through VFS?

    Second question :- I had applied for I-485 and has EAD as well as AP. Should i go for H1B stamping?




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  • what_now
    06-22 10:50 AM
    Nebraska immigration law passes - CNN.com (http://edition.cnn.com/2010/US/06/22/nebraska.immigration/)


    (CNN) -- Voters in Fremont, Nebraska passed a much-debated immigration measure Monday that would prohibit businesses and landlords from hiring or renting to illegal immigrants.
    The ordinance had divided the community and put the eastern Nebraskan city into national headlines.
    A local organization decried the new ordinance on its website.
    "It is with great disappointment and sadness that tonight we acknowledge a majority of Fremont voters approving this misguided ordinance," the group called One Fremont-One Future said. "In reality, the passage of this ordinance shows that we have much work to do in our community to educate, break down barriers, and build relationships."
    The American Civil Liberties Union has indicated it will file a lawsuit.
    Similar measures were passed in Hazelton, Pennsylvania, and Farmers Branch, Texas, but they were later struck down by the courts.
    In Hazelton, voters in 2006 approved a measure to enact practically the same law that Fremont has voted to adopt. But in July 2007, a federal judge found that immigration laws should be left solely to the federal government.
    In May of 2008, a federal judge ruled the Farmers Branch law, which would bar landlords from renting to illegal immigrants, was unconstitutional.
    "Those ordinances did not withstand legal scrutiny. They both failed in the courts when they were challenged," said Laurel Marsh, executive director of Nebraska's ACLU.
    The reason according to Marsh: Both laws violated the U.S. Constitution's Supremacy clause and the 14th Amendment.
    In addition, she said it's the federal government's responsibility to set immigration policy and "we are not well-served when communities or states try to set policy on their own."
    Gregory Minchak of the National League of Cities said that it's the lack of federal immigration policy that is causing these cities to take matters into their own hands.
    "Because of the absence of the feds doing anything, there's a lot of financial, cultural, political strains that are occurring [in cities and states]," he said. "They are just starting to act on their own."




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  • jayleno
    07-14 04:51 PM
    I'm not a Guru in Immigration Matters...still from my experience USCIS is pretty random in some cases with online statuses.
    I think I just told you what you know already, but reminding you that you are not alone.
    Any updates gurus?




    Blog Feeds
    07-13 12:48 PM
    AILA Leadership Has Just Posted the Following:


    The battle for comprehensive immigration reform is going to be tough as Senate Republicans play politics with the critical immigration issue. The Senate passed its $44.3 billion fiscal 2010 Homeland Security appropriations measure 84-6 last week after three days of debate that differentiated the bill from its House companion on a handful of border security and immigration policies. Unfortunately Senate Republicans used the opportunity to add significant new provisions to the less controversial �extender provisions� including an extension to the Special Immigrant Nonminister Religious Worker Program and the Conrad Waiver Program for Physicians Serving in Underserved Areas. The Senate also included a provision promoted by AILA member Brent Renison to allow the foreign-born widows, children and parents of citizens who have died to retain their legal status to seek citizenship for two years after the death. Senate Appropriations Bill a Mixed Bag of Immigration Provisions (http://www.aila.org/content/default.aspx?docid=29510)

    Senate Republicans added a provision to their chamber�s version of the bill (Schumer: Immigration bill to be ready by Labor Day (javascript:simplePopup()


    Sen. Schumer the lead Democrat expects to have a bill ready by Labor Day that is more generous to highly skilled immigrant workers than those who are lower skilled and is tough on future waves of illegal immigration."

    Even the Homeland Security Department spokesman Matthew Chandler said the Senate endorsement of Vitter's measure prevents real progress on immigration enforcement and is "a reflection of the old administration's strategy: all show, no substance."

    In contrast, the Obama administration is trying to implement effective enforcement, he said. "We hope that the smarter strategy will prevail in the end, because the country deserves a system that works," Chandler said. http://www.reuters.com/article/politicsNews/idUSTRE5690F420090710 Reuters: U.S. Senate approves $42.9 billion homeland security bill.


    Lets hope only hope the Senate and House conferees remove the fence building and E-Verify proposals that are obstacles to achieving a much needed reform of our immigration laws.https://blogger.googleusercontent.com/tracker/186823568153827945-4551757837994116508?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2009/07/comprehensive-immigration-reform-battle.html)




    snathan
    01-24 11:22 AM
    Hi,

    This is my case:

    1. Came to States on H1B in Jan 2005 thru company A. Worked with company A till July 2005

    2. Successfully transferred H1B to company B. Started working with them from July 2005. New I 797 was valid till July 2008. Filed for H1b Ext with company B in Feb 2008.

    3. Came to visit India in May 2008 and also to stamp the H1b which was valid till July 2008 thru company B. Got RFE in Indian consulate in Bombay on June 2008 so couldnt travelled back to States.

    4. RFE got cleared in Aug 2008 and by that time my H1B expired. Company B received an RFE on H1B extension. They said they cant reply for some reasons and they withdrew the application.

    5. In Dec 2008, I filed for H1b extension from company C. Got an RFE to prove the legal status on H1B ext.

    Please suggest, what are the chances of getting an approval. I know its little trickier but a straight forward case.

    Regards

    You might need to provide the pay stubs and copies of I-94. check with lawyer for anything else.



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  • BEC_fog
    12-11 09:31 AM
    http://immigrationvoice.org/forum/showthread.php?t=16031




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  • AabTuAgaGC
    06-19 09:56 AM
    I gues with iin 2 months for AP. but i don't know in current scenario with lot of applications. There is no harm in filing AP & EAD with 485. Even if you get them you can use it or not choice is yours. but if you use EAD h1/H4 will be invalid and you have to come back in AP. Also if you come in AP then your H1/h4 will be invalid you have to use EAD.

    I think 4-5 months is decent time to get AP. But with current volume I am not sure.

    I don't think traveling back on AP invalids your H1. I checked with my lawyer and this is what he told me.




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  • watzgc
    11-16 03:07 PM
    hi pdoc05,

    thanks for the reply.
    plz update me the status ...

    urs sent TSC or NSC ?

    thanks,




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  • gc_rip
    10-12 02:41 PM
    Is this movement have any relation to prove or disprove that the FOIA data is correct?
    Any analysis on it.

    Thanks!



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  • seebi
    10-13 01:51 PM
    I am interested too.

    If anyone from the King of Prussia area is interested in meeting lawmakers, please PM me.
    Once we have some people, we can plan and set up appointments over the next few weeks.




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  • Rajwaitingon140
    09-21 04:51 PM
    I'm in the same boat.

    Applied for 485/Ap/EAD on July 18th. Pending I140 was approved on Sep 14th. Checked online status the same day and LUD was 9/14.

    After reading your post today, I checked the online status again and the LUD is 9/17.


    When did you filed your I-140

    Thank you
    RajWaitingon140
    I-140 applied in month of DEC'2006 and Still Waiting.



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  • mali03
    05-09 11:39 AM
    As long as we get heard......And we might be in the final edited version (very good chance) for a few minutes




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  • paskal
    08-16 01:36 PM
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  • mk26
    02-17 07:39 AM
    I received a duplicate order from Hewlett-Packard. Per the customer service person I was instructed to remove the shipping label and write the return number on the box, then call Fed Ex for a pickup, all of which I did. Now, a few weeks later my credit card account has not been credited. I've called the customer service people several times, and received a transmitting tracking number for the return. I've called Fed Ex who say what I have is not adequate to track the item supposedly sitting at their warehouse. I've spoken to the supervisor at HP, and she, like everyone else, keeps referring my problem to the "return specialist", who is supposed to query Fed Ex about this, but nothing happens. Their excuse is that they don't have the actual tracking number to do this. One HP rep I spoke to told me that the return item had not been scanned since the initiation of the return, implying negligence. Yeah somebody dropped the ball. Where do I go next to get some action taken?
    Dispute through credit card if possible, just tell them you sent back the item and company did not credit the amount.




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    02-27 06:27 AM
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  • ovaloffice
    05-22 05:17 PM
    Is there a way I can apply for a green card during residency for a future job two years down the road?




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  • Lasantha
    04-02 04:04 PM
    Yes, my paper receipt shows June 29th as date of receipt. But the online status shows a later date which I believe is the date it was transfered from NSC to TSC. So I guess it is normal.

    Folks,
    The online status shows a different date than the receipt date my lawyer is telling me. I am july filer......the lawyer telling me july date and online shows sept date.......
    Is this normal?
    Thank You



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  • snathan
    03-02 02:23 PM
    I recently got my EB1 I-140 approved. Now my lawyer wants to apply for the I-485 but I am unemployed currently. What are my options in this case? Do I show I am self-employed and apply the I-485 or wait till I get a job.

    Just as a background I already have a EB2 Employer based I-485 in process and therefore have the EAD and AP in hand. The EB2 I-485 was applied in 2007 so it is past the 180 days period.

    Urgent help will be greatly appreciated.

    Would you mind to tell the basis for EB1...?




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  • bhasky25
    12-21 12:22 PM
    I got a NOID because my 140 was withdrawn by my employer, if your 140 is not withdrawn then you must be ok. The problem I have is, I had filed AC21 even before the 140 withdrawal but not after a year after its withdrawal, I am getting a NOID.

    I am just disappointed by their carlessness before sending a NOID. If they had see my documents, they would have found my AC21 as I had added it along with my RFE response. Anyway not much I can do other than responding back with a new AC21. I wanted to see if there is a pattern to this pattern.



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  • gparr
    November 14th, 2004, 07:18 PM
    While photographing in the Japanese garden in Portland, OR, I unintentionally captured most, if not all, of the stone lanterns that are dispersed throughout the grounds. Here are my three favorites. More in my gallery. Comments appreciated.
    Gary

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    1/20 sec. at f/8 and 35mm using the EFS 18-55
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  • alien2006
    07-13 07:45 AM
    I would not get married until I have the GC in hand. In the mean time ask your gf/fiance to start her GC process thro employer. Once you have your GC, you can get married and apply for her GC. Whicher way her GC comes first - i.e. through employer sponsored or through your sponsorship, go with that. I think its taking around 3-4 years for GC to sponsor their spouse.



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  • apoojo
    06-21 10:58 AM
    I am not a lawyer but was involved in something similar.

    C can take you to court and stop you from being hired by vendor. It will be very difficult for them to push for damages etc. but thye can bring a stop on your hiring.

    If C is a small desi consultant the chances are dim he will come after you. But if he is reasonably sized with lawyers within the company, you mgiht get a notice. You can take a chance, but usually the lawyer fees etc might not be worth the effort.

    Your other option is to have your vendor buy you out - which means the vendor pays an X amount to C, and that frees you up from any contracts/non-competes.

    Good luck!




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  • martinvisalaw
    07-13 03:09 PM
    It's hard to answer your question without more details, such as your current status. Company B can definitely file a new H-1B for you. Your current status will dictate whether you "need" to tell them about the earlier filing. However, having a prior petition filed might not have any negative impact, so you probably don't need to be nervous about telling Co. B.




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  • pramodirt
    12-06 11:07 AM
    My employer sent the documents for my H1b extension today to USCIS and they applied it through premium process, can anyone please let me know how many days it will take to get the Receipt notice both in Email and hardcopy?

    My H1b expires on Dec 15th 2010 and if I wont get my receipt notice by than can I stay in US legally or should I have to leave US?

    Please let me know your suggestion.

    H1b extension Receipt Notice issue time in PP




    h1bee
    09-19 10:29 AM
    @itsmesabby: No this was my stamping after my first extension. It was cancelld at Kolkata consulate.

    @vban2007: Are you sure that I can do a transfer? Or should a fresh H1B be filed by the new employer?




    indianindian2006
    09-26 11:07 PM
    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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  • LookingForGC
    07-09 01:12 PM
    Thank You! It helps.




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  • jcrajput
    10-03 08:49 AM
    I am starting new thread for people who are re-filing their applications (I-485) because they were rejected for any reasons.

    Please list following:

    1. Rejection notice date (RND)
    2. Reejction reason(s)
    3. Whose fault
    4. Status of re-filing
    5. Date of package recevied at service center (date, time, received by, service center)
    6. Status
    7. Waiting for action from

    I-485 Rejected/RND:09-21/I-140 Not Found/USCIS error/Re-file date:TBD/Recevied By: TBD/Status:PENDING/Waiting for: Lawyer to re-submit.




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  • ski_dude12
    10-24 08:10 PM
    http://www.hindu.com/2008/10/24/stories/2008102458770100.htm

    Why is beautiful_mind in all reds?




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  • rkdnc9
    03-27 11:39 AM
    Thank you pal. Is it safe for her to apply for H4 while in India? or is better she apply after coming here? She wants to apply for H4 after coming to usa.



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  • b.rich
    06-25 06:08 PM
    Grinch... very nice job, it looks like this one is over. Keep up the good work. Let's do it agian sometime soon. :)




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  • ras
    01-02 03:39 PM
    Any suggestions plz....



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  • aarzoo
    01-14 12:52 PM
    There have been cases reported in past on this forum where the PERM approval was lost in mail.

    You should ask your employer to download the PERM approval from DOL ETA website, which should be completed and signed by both you and your employer (similar to the PERM paper approval that you did not receive).

    Your lawyer should submit this form with I-140 and also request USCIS to obtain a duplicate copy of PERM approval from DOL. This may help.

    Are you porting to EB2?




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  • moonrah
    09-23 03:39 PM
    Another question on the form:

    In G-639 form, Should port of entry and date of entry be the latest one or when we entered first time in the US?



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  • humsuplou
    11-16 06:29 PM
    My current AP will be expiring this Dec, and my priority date is Jan 2006.
    I have a wedding in Canada in January 2011. I would like to know if I need an Advance Parole to Canada then re-enter? Somehow I read somewhere about Canada and Mexico have different requirements.
    Thanks for your input.




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  • GCHPLC
    10-19 12:45 PM
    Initially we applied for Labor in July 2001. Waited for 3.5 years to get approval. USCIS processed applications recieved in April 2001 for more than three years!! In January 2005 we finally got our Labor certification. In April 2005 we applied for I-140 and I-485 at the same time. I-140 was approved on July 2005. I-485 still pending due to the name check not complieted for primary applicant.
    The same question over and over again, for how long will we wait more?



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  • rpat1968
    11-05 02:38 PM
    How long is it taking now a days to get AP approval. I am from TX and e-filed on 2nd Oct (ND 4th OCT 2010) and want to know when I can expect the approval.

    my spouse AP was approved last friday also from NSC and we recd the document just yesterday.




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  • dohko
    01-07 10:57 AM
    Hi

    I currently work as Market Research Analyst. Can I get approved for EB2 with MBA+0? Company is willing to help. Would requiring a foreign language help?
    I have some experience from before I got my BS and my MBA can that be used?

    Thanks



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  • STAmisha
    02-19 09:56 AM
    I'm on H1 and My spouse is on H4 (came on H4 in Dec 2003)
    We are both Canadian PR's. I worked out a deal with my US based to company so that I work in Canada and come to USA occasionally.

    Here are a few questions regd my spouse


    Planning to apply for H1 in April 2007, Once H1 is approved
    -Can we use automatic revalidation to enter USA without getting our visa's stamped. My h1 expired in 2006 and my spouse;s H4 expired in 2006.
    (remember my spouse is applying for H1 )
    -How safe it is FrequENTLY travel to Canada and back
    -How safe it is to stay in Canada for duration of 3-6 months and come back to USA
    -Once my spouse gets the H1 approved, should he move to H1 immediatly or can continue on H4?
    -stamping of H1 (first stamping for H1 in Canada) after conversion from H4




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  • Tommy_S
    04-15 11:38 AM
    Is this an engine? Couldn't understand, at first. The font is way too simple for the stamp. :hat:



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  • kevinkris
    01-08 02:05 PM
    Is it Infopass or for approval of your 485?

    Your public profile is not correct, please update it.
    All the dates are 01/01/2005

    Good luck.

    Attended 485 Interview yesterday, everything went fine, the office told me that they need 120 days to review the file and will inform the decision after that. For me it looks like he basically collected all the documentation from me and will forward them to the Supervisor.




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  • gcformeornot
    02-19 06:10 PM
    __



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  • eb3_nepa
    06-08 12:41 PM
    :p maybe 2020, i am sure my PD will become current the day i buy tickets to return:D

    Then buy those tickets already!! ;)




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  • kondur_007
    02-23 08:17 PM
    Concept is not wrong but before implementing it they must make sure that it works perfectly...not like that 8 year old kid that was placed in "no fly" list!!!!




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  • GC_1000Watt
    08-08 02:44 PM
    thanks buddy! So i believe it's just the state of the consulate..right?
    By the way was your case kind of same?

    ^^bump^^




    thakkarbhav
    02-08 09:24 AM
    Your post is not clear. Do you have Permanent Resident Card? If yes then why do you need EAD?




    desitechie
    01-16 10:07 PM
    Hi,

    I am planning to apply my Green card. However I am a bit confused which category will I fall to ? EB2 or EB3 ?

    As per my job requirement details, it is as below:

    i ) Bachelor degree in technology related field.

    In the detailed experience seeked, it says as below:

    i) Five years of experience with installing, maintaining servers.
    ii) Three years of practical experience in routing and network security.

    I have more than 5 years of working experience (which they seeked) before I started this job.

    Under which category will it fall under, EB2 or EB3 ?

    Thank you

    Looks EB2 to me.

    Is it the biggest networking firm which has the prominent law firm thats sponsoring?