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Wednesday, June 29, 2011

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  • santosh19
    04-22 07:25 PM
    First how do you know which I-140 has been used for AOS application . you need to make sure of that.

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  • martinvisalaw
    06-24 04:40 PM
    I agree that you should just send the G-325, if that is all they ask for. Just follow the instructions on the RFE regarding how to respond.

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  • tempgc
    09-25 12:38 PM
    Can an AILA member post contents of this doc.

    # 9/24/2009 DOS Provides Background on Visa Allocation Process
    As all employment-based visas have been allocated for FY2009, Charles Oppenheim, Chief, Immigrant Control and Reporting Division Visa Services Office, provides an explanation on how the Department of State allocates visas through its Immigrant Visa Allocation Management System (IVAMS). AILA Doc. No. 09240920.

    AILA - Restricted Access Page (http://www.aila.org/content/default.aspx?docid=30136)

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  • Blog Feeds
    09-10 07:50 PM
    Hunton Immigration and Nationality Law Blog Has Just Posted the Following:
    On July 1, 2010, the Vital Statistics Office of the Commonwealth of Puerto Rico began issuing new, more secure Puerto Rican birth certificates to US Citizens born in Puerto Rico. As of October 1, 2010, all certified copies of Puerto Rican birth certificates issued prior to July 1, 2010, will no longer be valid. Accordingly, the Citizenship and Immigration Services (USCIS) issued a press release providing guidance to US employers with regard to the I-9 process. For new employees, employers may continue to accept all Puerto Rican birth certificates through September 30, 2010; after that date, only the new Puerto Rican birth certificates (issued on or after July 1, 2010) we be acceptable for I-9 purposes. Therefore, as of October 1, 2010, employers must pay close attention to the issuance date of Puerto Rican birth certificates presented for I-9 purposes.

    For existing employees, there is no need to re-verify the employment authorization of employees who previously presented pre-July 1, 2010, Puerto Rican birth certificates. Federal Contractors subject to the Federal Acquisition Regulation E-Verify clause may continue to accept all Puerto Rican birth certificates prior to October 1, 2010, but beginning on that date, only the new Puerto Rican birth certificates issued on or after July 1, 2010, will be acceptable. Federal Contractors may not ask for the newer version during I-9 reverification of those individuals who previously presented the older version of the Puerto Rican birth certificates.

    The USCIS memo can be found here (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=45e3285ca77fa210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD).


    More... (http://feeds.lexblog.com/~r/HuntonImmigrationAndNationalityLawBlog/~3/25g-Wwo_N40/)


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  • Blog Feeds
    04-26 11:30 AM
    The American Immigration Lawyers Association (AILA) strongly urges Arizona Governor Jan Brewer to veto a bill moving rapidly through the state legislature that would make it a crime to be an undocumented immigrant in the state.

    In addition to the absurdity of aligning undocumented status with state trespassing, the law also validates racial profiling as a legitimate law enforcement tool which is precisely the reason why individuals and businesses around the country are beginning to seriously question whether Arizona is a safe place to visit, live, or do business.

    The bill also creates a private right of action for any person to sue a city, town, or county for not enforcing immigration laws to the full extent of federal law and it establishes civil penalties for the city, town, or county. This subjects local governments to unreasonable and potentially frivolous litigation by private citizens with an anti-immigrant agenda. Even if a municipality is vindicated in court, it will still have to incur the costs of defense.

    The problems with this bill are monumental and the consequences will be devastating to the citizens of Arizona and the state's already fragile economy. At last glance, Arizona was in the throes of a massive budgetary crisis. Arizona's economy simply cannot afford to absorb the costly litigation that this ill-conceived legislation will certainly produce. Moreover it sets a bad example for other states to pass similar bills. Already other states like Ohio and Utah are entertaining similar legislation. Immigration is the domain of the federal government and it is a huge mistake for states to be involved.

    More... (http://www.visalawyerblog.com/2010/04/arizona_passes_unconstitutiona.html)

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  • WaitingUnlimited
    09-21 02:24 AM

    My H1 and my wife H4 were extended for three years in this Feb and we both have visas until feb 2012 based on th0se extensions.

    Now I changed to new job and my H1 is extended to Sep 2012. But my employer said that there is no need to extend H4 because she already has visa and I94 until Feb 2012 and advised her to use my H1 approval while reentering into USA next time to get I94 until Sep 2012 at POA.

    Is that fine? Basically can my wife be in US based on I94 that is based on my previous company H4?

    Thanks in advance


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  • imbond707
    12-07 10:59 AM
    Dear IV Members,

    Last week I received a copy of �Approved I-140� using Freedom of Information Act. I took almost 7 months to get requested information. Following are the steps to use FOIA:

    1. Write a cover letter (Sample attached)
    2. Complete Form G-639 (Sample form �Freedom of Information Act - G-639 - Form.pdf� attached)
    3. Write your I-140 Receipt # in �Column 4�.
    4. Important: Make sure you complete �Column 7� or you will be asked to send you application again.
    5. For �Column 8� you can sign it yourself under �Executed in US� (No need to use Notary)
    6. Send this form to:
    USCIS National Record Center
    FOIA Division
    P.O. Box 648010
    Lee Summit, MO 64064-5570

    I received copy of approved I-140 last week (Copy of 1st page is attached). You can check status of FOIA request at FOIA Request Status Check (http://www.uscis.gov/portal/site/uscis/menuitem.8d416137d08f80a2b1935610748191a0/?vgnextoid=f3a2ba87c7a29110VgnVCM1000004718190aRCR D&vgnextchannel=f3a2ba87c7a29110VgnVCM1000004718190a RCRD).

    I hope above information will be useful for others who want to use FOIA.

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  • aguy
    07-21 07:18 PM

    thanks to everyone here for the kind input, I am almost done with my GC application under NIW. Since I have a load of documents for primary evidence,
    how should I arrange them and where should I mention the "table of contents" so to speak. I have a detailed cover letter also.



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  • satishg
    09-16 08:35 PM
    In september my dates became current and my GC and my spouse GC has been approved . However my lawyer recieved interview notices for me and my wife. What should be the next step. Ignore the notices as we recieved the Green card or do we need to attend the interview.

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  • hojo
    08-20 03:24 PM
    nah, I meant the original post.

    but I can see if you had something really nice you made in maya or lightwave that you wanted to play with in swift3d.


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  • Archana_D
    05-05 12:42 PM
    Hi All,

    I would like to know if porting an EB3 Labor & 140 to EB2 with the priority date is possible?
    I am currently on h1b, I am planning to join a new company and I qualify for EB2 category.
    Is it possible to port priority date of my EB3 to EB2?? with my new employer?


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  • greencard_seeker
    08-07 09:06 AM
    Hi Milind,
    Thanks for the info. Is there any way of notifying USCIS, if the new job from existing employer is EB2 level (I mean a promotion to senior level) so that the application is processed quickly!


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  • sammas
    07-12 03:19 PM
    * The expiration date of an approved labor certification depends on when it was approved.
    * For labor certifications approved prior to July 16, 2007, the labor certification expires 180 days after July 16, 2007 – that is, January 12, 2008– unless filed prior to its expiration with the Department of Homeland Security in support of a Form I-140 immigrant petition for alien worker.
    * Labor certifications approved on or after July 16, 2007, will expire 180 days from their date of issue, unless filed prior to expiration with the Department of Homeland Security in support of a Form I-140 immigrant petition.

    Source : PERM Fraud Rules FAQ’s | usavisanow.com. Immigration Law Office of Maritza Diaz, PC. (http://www.usavisanow.com/perm/perm-faq/perm-fraud-rules-faqs/)
    Go to the last question

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  • mk26
    07-14 12:33 PM
    For me, company is moving to another town but same county , will this a problem ? is there any link to DOL site for this info?


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  • Asian
    10-26 09:35 AM

    My GC is still a far away thing for me. But I want to know this to prepare potential interview questions.

    After getting a Green Card, as far as I know, if you live outside of U.S. longer than 6 months, you lose your Green Card.

    Does that also apply if you are dispatched by your company (supposedly big U.S. corporation) to a overseas office for a couple years?

    Thank you for sharing your knowledge!



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  • RadioactveChimp
    04-16 01:52 AM
    alright sorry man. I got an idea, why don't you make one with just link, that would be nice :thumb:


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  • rkumar28
    02-19 09:32 AM
    Attorneys....Would appreciate any advice on this....


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  • sudha123
    07-19 12:28 AM
    Hi All,

    sorry to post in this thread. I am new to this forum and i could not find anywhere where to start a new post. Plz let me know.

    Thanks in advance.

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  • rvendra
    10-30 10:49 AM
    Dear All,
    In response to my service request on 9th Sept 2009, my I485 has been transferred to the USCIS Hialeah Florida office for further processing. Normally I -485 cases are forwarded to local offices for the purposes of scheduling an in-person interview. In my case I live in New York and no way connected to FL. I am curious anybody or any of your friend�s have similar experience.
    I really appreciate your response.
    I 485 EB 2 Priority date Dec 2003
    Filed in TSC in August 2007

    Thank you,

    11-02 11:31 AM
    Since we are uncertain of our job as well as status in USA,
    is it really worth to save on 401K? More input will be appreciateI.

    02-10 12:40 PM
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