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Sunday, July 3, 2011

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  • GC_ASP
    07-18 02:01 PM
    Nothing to worry dude. Your wife is not out of status. Her I-94 is valid. No issues with 485.
    You need to file for her extension for H4 with the new H1b so that she can continue her h4 status after sept.

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  • pappu
    11-12 06:14 PM

    Could you please tell me what I am supposed to do ?


    Please send an email to info at immigrationvoice.org with a proof for your continuing subscription for us to check the records and fix this.

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  • Blog Feeds
    01-28 08:30 AM
    WASHINGTON�"U.S. Citizenship and Immigration Services (USCIS) announced
    today that it has received a sufficient number of H-1B petitions to
    reach the statutory cap for fiscal year (FY) 2011.� USCIS is notifying
    the public that yesterday, Jan. 26, 2011, is the final receipt date
    for new H-1B specialty occupation petitions requesting an employment
    start date in FY2011.

    The final receipt date is the date on which USCIS determines that it
    has received enough cap-subject petitions to reach the limit of
    65,000.� Properly filed cases will be considered received on the date
    that USCIS physically receives the petition; not the date that the
    petition was postmarked.� USCIS will reject cap-subject petitions for
    new H-1B specialty occupation workers seeking an employment start date
    in FY2011 that arrive after Jan. 26, 2011.

    USCIS will apply a computer-generated random selection process to all
    petitions that are subject to the cap and were received on Jan. 26,
    2011. USCIS will use this process to select petitions needed to meet
    the cap.� USCIS will reject all remaining cap-subject petitions not
    randomly selected and will return the accompanying fee.

    On Dec. 22, 2010, USCIS had also received more than 20,000 H-1B
    petitions filed on behalf of persons exempt from the cap under the
    ‘advanced degree’ exemption. USCIS will continue to accept and process
    petitions that are otherwise exempt from the cap.� Pursuant to the
    Immigration and Nationality Act, petitions filed on behalf of current
    H-1B workers who have been counted previously against the cap will not
    be counted towards the congressionally-mandated FY2011 H-1B cap.
    Accordingly, USCIS will continue to accept and process petitions filed

    extend the amount of time a current H-1B worker may remain in the U.S.;
    change the terms of employment for current H-1B workers;
    allow current H-1B workers to change employers; and
    allow current H-1B workers to work concurrently in a second H-1B position.

    U.S. businesses use the H-1B program to employ foreign workers in
    specialty occupations that require theoretical or technical expertise
    in specialized fields such as scientists, engineers, or computer

    For more information on USCIS and its programs, visit�www.uscis.gov.

    More... (http://ashwinsharma.com/2011/01/27/uscis-reaches-fy-2011-h1b-cap.aspx?ref=rss)

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  • InTheMoment
    06-19 03:07 PM
    See below


    I am planning to do concurrent filing on my PERM LC.

    1. When will I get my AP/EAD? Will I get it only after I-140 is approved or I-140 approval does not matter?

    I-140 approval not necessary.

    2. Can I do premium processing on my I-140 in the concurrent filing?

    Yes, absolutely!

    3. Does premium processing available if another I-140 is already pending based on my LC Sub?

    No, you cannot file another I-140 in PPS when another is already pending as per USCIS premium processing conditions.

    Please reply.



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  • augustus
    06-17 06:36 PM
    Dear All,

    1. Can someone please let me know what I should take with me when I meet the USCIS civil surgeon? Who gives the Form - I-693? My lawyer has not attached that form in her mails to me? Does the hospital provide or should I take one with me myself?

    2. How is the procedure usually with the USCIS civil Surgeon? What does the surgeon do and how is the examination like?

    Please help me understand this process better. I am aware of the vaccinations I should take but I am not aware of the procedure with the surgeons.

    Thank you very much.

    Best Regards,

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  • chandrajp
    08-02 01:33 PM
    did you get one? FP is necessary to the EAD
    I filed EAD/AP and I485 together when I filed back in June 2005. I did not do any finger printing for EAD then. But for EAD renewal in 2006 and 2007 March, I applied EAD online. Then I had to go to ASC(Application Service Center) to give finger prints(not all fingers for EAD).
    I'm one like you, check with your attorney for expert advice

    PD : May 2002
    Labor Certified : Mar 2005
    I140/I485 concurrent filing : June 2005
    I140 RFE : Nov 5th 2005
    I140 RFE replied : Nov 20th 2005
    I140 approved : Nov 30th 2005
    I485 RFE : Apr 13th 2007(latest employment letter)
    I485 RFE replied : June 18th 2007
    I485 approved : June 28th 2007
    3 EADs
    2 APs


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  • gccovet
    11-20 11:31 AM
    I have i485 pending and working on EAD. H1b expired. I am on Eb3.

    I have a opportunity to become a Manager in the same company....The job duties would ofcourse be different from Programmer/analyst position...

    So can I take the promotion and use the EAD...Will I be using AC21

    I would suggest you to check with a good lawyer, as both Job duties and Job title both are changing for you, this might be iffy for AC21.

    By the way, if you have not done, whenever you get a chance please mail letter against AC21 cases getting wrongful denials(IV action item).

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  • thakurrajiv
    11-03 02:24 PM
    Dont you need the FP notice to even enter that building, the guard or the cop standing will not even let you in, if you dont have the FP call for notice.

    I never heard of walk-ins :)

    gcdreamer is right, you need FP notice. But if your question is if you miss your appointment date and then whether you can walk in another day, then answer is yes. I went to FP 2 weeks ago. A lady next to me, had FP notice dated 3 weeks earlier.The office let her get FP done.I personally did not do this.


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  • imm_check
    08-22 12:11 PM

    I did not sign in the 325 form...where it says that sign here

    "if your native alphabet is other than Roman letters, write your name in native alphabet below".

    Would this be a concern?


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  • willgetgc2005
    09-14 07:13 PM

    My EB2 labor PD 12/2002 is in Philadelphai backlog center. With the online backlog case status now available, I wanted to find out about my case.

    However, lawyer is not giving my case number. Is there any way to find out. Gurus please help with suggestions.



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  • forgerator
    11-18 04:27 PM
    I'm assuming the ESTA application is a one-time thing, otherwise no different than filling out yet another form.

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  • Karthikthiru
    06-22 10:06 AM
    I already checked with my attorney - a scanned copy is enough



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  • vegaspd
    06-01 06:03 PM
    I received a notice from uscis

    "USCIS will use the priority date that must benefits the applicant, your request has been sent to your file"

    Anybody has any idea what this means.

    Thank you all

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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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    02-03 07:11 PM
    I filled the form yesterday and it was there. Did they change it today ? Do we need to re-fill it ?

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  • number30
    06-25 06:45 PM
    I am on H1B visa and my wife has filed N400. We have been married for 1 year and 2 months. she just gave her finger printing on June 10th. we have not yet filed I130 petition as of yet as we were thinking to do that after she gets her citizenship. But today I got laid off from work and the immigration officer mentioned that my wife should file I130 ASAP to avoid deportation. In form I30 On line Item 15 it says to enter the name and address of present employer. I got laid of from work on June 19 today and my wife is filing this I130 petition on Monday June 23. My termination letter indicates june 19th date. I will receive my last pay stub on July 3rd.
    Should I put the name of the current employer on line 15 or should I say "unemployed" and explain in a seperate piece of paper about recent layoff? I will be out of status and will be inviting immigration if I mentioned that. Please help.

    I assume your wife is not yet citizen. As a spouse og GC holder Applying I-130 does not change anything . wait until your wife gets citizenship and apply. Otherwise you have to conversion


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  • ronnie0479
    09-14 11:36 AM
    My current H1 expires on the 30th of September 2007. I have applied for H1 extension under premium processing and it is pending.

    My Query is:

    Can I work after my H1 expires on the 30th and my H1 extension is still pending? i.e. continue working based on a pending H1 application? If so, for how long?


    Yes, you can continue to work on pending H1 application. On pending H1 extention there is no limit for how long you can keep working. if you get an approval then you can just continue working till your next H1 expires and
    thus you dont have to take a break.

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  • VivekAhuja
    06-16 07:15 PM
    Possible if Master's is in same field.

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  • cooler
    02-24 12:51 PM
    Haitians might be eligible for TPS (Temporary protected status) because of the recent earth quake. Not sure if this applies for people already in USA or not.

    Try exploring that. Like Madan said, you would need to be a citizen if you want to sponsor her GC.

    Hi, My mother lives in Haiti, i was not able to file a petition for her before the earthquake happened. Now with all of that going on, i need to know how to file and get her quicker to the us? Any response will be greatly appreciated, thank you

    03-21 04:51 PM
    I am planning on getting my H1 done for this year... i have talked to a couple of people about the same and someone said thai i might have Pay to get my H1 Processed and get the job.... is it a right choice to make....
    most of the H1's consultant i have come across does only ITsector
    is there anyone who can suggest how to get the H1 for other field like Pharmacy, Microbiology.....etc....

    06-14 11:19 PM
    My AOS was denied few months 4 months ago after I switched using AC21. Since my current employer has their own attorney (Pappas Lenzo in Boston) they filed for MTR and it is still pending. I was on my H1 which will expire in another 2 months. The attorneys are saying it takes time for MTR to be successful. But was not sure it would take this long.

    Anyone has experience who filed I-485 MTR and it was successfull through this attorney.

    Please PM me if you do not want to share the experience in public.

    After 90 days, you can open a service request. On another note if it is a AC21 write to Ombudsman too. Contact your congressman, they also help.

    Do send your story to IV as IV ios collecting such stories

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