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Thursday, June 30, 2011

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  • willigetgc?
    11-12 10:53 AM

    how is it possible to change jobs while the GC application is pending (part of the July 07 madness). Supposedly there is the AC21 form, is there an example how this form should be filled, and what other documents should be included? How long does it take to approve? (for driver's license, traveling, etc.). Does it have to be filed with H1B extension?

    The new job offer is 25% pay increase, otherwise very similar, could that be a problem?

    It depends on what your status is and which stage of the immigration process you are stuck in.........
    As the other member pointed out, you could ask the attorney - IV holds these calls free every week...

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  • upuaut
    08-29 02:08 AM
    sorry man.. I don't have anything for you. If I were doing it I'd opt to try to create the maze in Flash, using a/s created lines.. but that's not much help to you.

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  • ras
    10-18 08:56 AM
    You got to see it to believe.

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  • mambarg
    09-20 05:32 PM
    AFter FP, the LUD is because, during FP, they pull up the records or update the record with your Photo and signatures etc.

    Name check is initiated after Notice is generated on ND. So it is seperate from FP.

    FP response, not sure what happens when it comes back.


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  • anurakt
    01-05 08:21 PM
    My personal suggestion : It's your personel descision, I think nobody on this forum can tell you anything in this matter. You are not in a soup like us. It's just you want to get all things in life at the same time without sacrificing anything ..... This may not work sir, to get you need to give. :)

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  • kisana
    06-06 06:53 PM
    Please any help


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  • zram1977
    09-15 11:05 PM

    I found some new information and it seems that few people who are still waiting may get some clue if not complete idea. Basically I found that when your PD is current the the IO will initiate the FP, Namecheck, IBIS check again when your AOS is in "Final Approval, Visa Available" state. Some IOs would just refresh the FP they have on file and some request another . But namecheck is something that you have to go through again. So if you get stuck in namecheck again, then that could be the reason for the delay since NC takes forever.

    Can you please share the source of this info?
    Is it a learned experience or from a published source ?
    Any info is highly appreciated.


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  • claudia255
    10-24 01:42 PM
    Are you kidding me - why are there no stop gap measures/short term fixes asked for all the high skilled folks stuck in retrogression for the very reasons outlined in this letter. This is politics at its best -

    I think that's what they mean with "bringing the supply of employment based green cards in line with the need of US employers".


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  • theshiningsun
    08-03 08:57 AM
    hi attorneys,

    can u plz shed some light on this?

    thx in advance,

    hi attorneys,

    which visa can someone apply for it s/he intends to work as a caterer?

    is the J-1 visa applicable for this? if yes what r the eligibility requirements for this visa?

    thx in advance,

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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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  • skd
    10-27 09:01 PM
    Do you get I-94 if you travel and entering US on AP ?
    If yes what is end date on I-94 and how you get extention of I-94 for that I-94 ?

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  • amitg
    08-07 01:07 PM
    what is a US consulate package service?


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  • rockyrock
    08-03 10:00 AM
    I was wondering will we get the I-485 Receipt notice directly or Lawyer or both?

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  • apb
    03-16 12:05 PM
    If your boyfriend has degree+exp in engg, medicine, nursing, management, etc. he can get H1 from company that plans to hire him. Pl search for jobs on yahoo, dice, etc first. Not many companies would be ready to do H1 in present scenario.
    best wishes


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  • bb20078
    10-05 02:53 PM
    Yes you can apply for EAD and AP separetly anytime

    The only catch I found out recently is that when you use AP to travel back to US, this may invalidate the H visa and you will need EAD.

    I am still not clear of this issue. I applied for EAD few months ago and found out this may be an issue , so have applied for AP (By e-filing) now

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  • maheshf
    10-06 11:01 AM


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  • rajiv404
    12-09 06:06 PM
    I recently found a new job and they filed for my H1 transfer in premium processing. I am still working for my old employer. Now I have got an RFE questioning why my salary (in 2009 W2) which is less than what was mentioned in my previous petition. Even though I have all my paystubs I was on bench for few months between march - may 2009. I have a leave letter for 4 weeks vacation in may and my salary was reduced when I got new project. Which explains why it is less but may not be enough to prove it to USCIS. Salary in W2 could also be less that prevailing wage. Right now I have following scenarios
    1. WIthdraw application - not sure repurcussion of this.
    2. Respond to RFE with mentioned reason which can have following outcomes
    a) Appoved - (good i will be more than happy)
    b) Approved with consular processing - (I dont want to travel at this point of time outside US)
    c) denied - (not sure)
    3. This case goes to DOL and there may be investigation or indent of revoke sent to my employer. Can this happen?

    Here are my questions
    1. Senario 2.b. If I get "Approved with consular processing" do I have to travel to India for stamping immediately or just get new I94? What will be my current status then? What if I decide not to join the new employer?
    2. Senario 2.c. If I get "Denied" what will be my current status?
    3. What should I do so that I am not out of status and I dont have to travel to India for stamping?
    4. Scenario 3, Can this happen?

    Any response will be appreciated. Thanks!

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  • Blog Feeds
    08-09 09:50 AM
    The local San Diego USCIS office suggests that certain remedies may be available for military families facing the problem of ineligibility to adjust status because of unlawful entry by a family member seeking adjustment of status. Most often the situation occurs when a United States citizen service member�s spouse entered without inspection and thus cannot adjust status. Current way to fix the status is via Ciudad Juarez waiver process (I-601 waiver application (http://www.visalawyerblog.com/2008/07/san_diego_immigration_attorney_4.html)).

    One potential remedy is �Parole in Place,� where the District Director in San Diego, Mr. Paul Pierre, can parole the alien, who then will be eligible to adjust status. Paroling only cures the issue of admission or parole under INA � 245, not other inadmissibility issues. To seek Parole in Place, address the request to Mr. Pierre. Include the following:

    1. Form I-131 (but it does not need to be paid for when applying)
    2. Evidence of impending deployment
    3. Proof of relationship of alien to the United States citizen service member
    4. Evidence of hardship to the service member and how the situation affects the service member�s �readiness� to perform his or her mission in defense of the United States.

    USCIS also has a program where I-601's will be adjudicated at the United States Consulate in Ciudad Juarez at the time of an immigrant visa interview for the relatives of service members. Mr. Pierre also has the authority to grant Deferred Action. (Regarding issues of admission for adjustment of status purposes, read Sum v. Holder, 602 F.3d 1092 (9th Cir. 2010).) (http://www.lexisone.com/lx1/caselaw/freecaselaw?action=OCLGetCaseDetail&format=FULL&sourceID=gdjd&searchTerm=hZjH.ddSa.ZCaW.QabN&searchFlag=y&l1loc=FCLOW)

    More... (http://www.visalawyerblog.com/2010/08/san_diego_immigration_attorney_29.html)

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  • beautifulMind
    11-02 08:58 PM
    the Company is given guidelines by the lawyer and USCIS and they need to follow those guildeline. I am not interfering. I just want to know if what they did would satisfy the requirements of the PERM recrutiment process. Not sure why you gave me a red dot for this. The AD was posted by HR and I work for a very big university. All i wanted to know if it satisfy PERM requirments...

    12-23 03:11 PM
    Why so quiet today?

    Where is the holiday spirit?

    Not even any joke?

    Holiday "spirit" is in the bottle and that is what every one is enjoying during this holiday season:D

    07-15 01:54 PM
    that is old stuff and also scary stuff for some people, even if old visas's are being recaptured, it was being done only for Schedule-A folks (nurses). So for all other EB categories where the only form of relief they are seeing is from possible recapture, if nurses take away those 200k (per Ombudsman its about 218K lost visas) then thats another big hope gone.

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