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  • Blog Feeds
    01-13 08:30 AM
    As we watch the earthquake destruction in Haiti with horror, one group of individuals that will likely start to get attention is the population of Haitians currently in the US and who are obviously not going to be able to safely return home anytime soon. US immigration law actually has a system to handle precisely this situation. It's called Temporary Protected Status and it is available to individuals who are from country suffering armed conflicts, disasters, or other extraordinary conditions. The Secretary of Homeland Security is empowered to determine which countries are on the TPS list. People in TPS status...

    More... (http://blogs.ilw.com/gregsiskind/2010/01/haiti-tps-coming.html)





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  • mihird
    09-06 05:59 PM
    I started my 10 hr./week part time job 2 years back (I was 4 years on my primary H1 by then). We filed a 2nd H1 and had no problems getting it approved - we got a 2 year approval aligned with the primary H1s 6 year expiry..

    My both, the primary H1 and the 2nd H1 are up for renewal in Jan 07 & April 07 respectively and I am also up on the 6 years on my H1 by then.

    I have an approved I-140 from my primary H1.

    I have a question which I hope someone can help me answer. Will the 2nd H1 also qualify for the 3 year extensions, just like the primary H1 based on the I-140 approval on the primary H1?

    I am guessing yes (it sounds logical to me), but am not sure...can anyone confirm?





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  • tonyHK12
    04-28 01:30 PM
    I thought he died because Bush wouldn't authorize embryonic stem cell research. Anyway he is an intergalactic illegal immigrant from Krypton.

    technically he got birthright citizenship through the orphanage! but the double taxation was too much

    "It’s refreshing to see an alien refugee tell the United States that it’s as important to him as any other country on Earth — which in turn is as important to Superman as any other planet in the multiverse."

    Especially the zero tax countries...
    Previously Superman never had to pay taxes, but now with the record defecit, he's being proactive with his portfolio





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  • pyrosleepy
    07-24 03:11 PM
    Hi ,

    I was working for company A and got my labor and I-140 approved and then i changed to company B. My priority date is jan 2005. Is there any way that i can continue my green card process with company A. WOuld be of great help if somone can tell me if there is any way to do it.
    Why did you quite your previous employer when they got your I-140 approved?



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  • gc28262
    03-09 06:14 PM
    Gurus,

    My lawyer received Ability to Pay rfe on my I-140. My lawyer is ready with most of the documents

    Duration to be covered
    2004-2008

    My docs ready for the duration:
    W2s ( 2004 - 2008)
    Tax returns ( 2004 - 2007)
    Paystubs ( recent )

    Company docs ready:
    Tax returns: 2004 - 2007

    However for year 2008, company has requested IRS an extension to file tax return.Company is trying to come up with audited financial statement for year 2008. They are still working on it.

    However deadline for filing RFE response is this Wednesday ( 03/11/2009)

    My questions:

    1. Can my lawyer ask for an extension for filing RFE response in this scenario ?
    2. Are there any alternatives if my company cannot come up with audited financial statements in this time frame ?

    I appreciate your inputs.





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  • sunny1000
    02-22 12:58 PM
    Please post this at lawyer's section ("Ask a lawyer for free") so that an attorney can help you answer the questions.



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  • vik352
    03-20 05:35 PM
    Bump





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  • gregspirited
    09-12 01:04 PM
    I had my Labor go through without any issues. I haven't yet applied for 140.
    what would happen if I apply for F-1 visa to pursue my studies as full time student since F-1 is a non-immigrant visa and I have cleared my labor.

    I know I can't proceed with 140 since its a petition for immigrant status and my F-1 will be rejected. My question is does labor certification also affects F-1 visa application?

    Thanks in advance



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  • dealsnet
    05-21 08:31 AM
    Take one month unpaid vacation. Packup your things. Send family home. Work for one or two weeks(stay in a motel or with friends), resign and go same day or next day.
    This will reduce your anxiety about your future.
    I am on my 2nd phase of H1B visa which is valid until 2012.
    I want to quit my job and go back to my home country.
    How long after I quit my job do I get to stay here to wrap up and ship my stuff??
    Does that jeopardize my status? I plan to be here for about 30 days after quitting my job. WOuld that be ok? or is it overstaying?

    If I ever need to apply for a tourist visa in future will this jeopardize my chances of getting a visa then?

    Thank you!





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  • skmurthy
    05-27 09:38 PM
    Hi All,

    Please help me to take proper decision.

    I am working in US on H1B visa and my employer is ready to file for my GC in EB2.

    Secondly, my father is a Green card holder and can apply for citizenship in early 2010. I have following questions:

    Please note I am unmarried

    1. If my father applies for GC for me under F2B can it be converted to F1 when he becomes citizen? if so, will the priority date be same or it will be new once converted to F1 category.

    2. Can I apply for both family based and employment based in parallel? if it is not possible which path should I select? Will the employment based GC will be faster of family based? Its tough to decide in this economic times as we dont know how long our job will last.

    Would appreciate your help and suggessions.

    Thanks,
    Sam



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  • krovvidiusa
    09-03 09:36 AM
    I filed my 485 in EB-2 I, in July 2007. My PD: Nov 2004. I couldn't resist myself from creating an Infopass appt to find out the details of my case. I am in Dallas, TX. Had the appt at 7am this morning and I am pretty happy with the appt. I had a soft LUD on 08/14/09 and was concerned if it was for pre-adjudication. The officer was respectful and answered all my questions. I was asked my priority date, category, country chargeability. He checked the system and told me that the case is pre-adjudicated on 08/14/09 (hence the soft LUD) and a decision has been made. I asked him if he would know the decision and his response was "I cannot officially say that it is in the YES bin, but USCIS does not have to wait for a visa number if it was in the NO bin." I said that I understood it and asked if the namecheck and FBI check were complete. He said, the next step is to approval. I was all smiles.

    I checked for my wifes status and he checked the system to say that her case is in the same status. He also added that, her case was last touched on 08/28/09 (No soft LUD).

    Final stmt, "You case is very close to completion. Give another 30-60 days and you should hear the good news. Our online systems are not all up to date and in sync. You can always make an Infopass appt to get the latest update on your case. This being the end of fiscal year, with new visa numbers in Oct, you are safe to get an approval soon". I thought it couldn't get any better than this (prior to getting the GC...citizenship.....win a lottery.....start a company....and so on and so on).

    My suggestion, if you are current, make an Infopass appt. It is worth it. Atleast, you dont have to check the "Case Status Online" and you inbox every few minutes.

    I almost forgot: When the officer(?) said that "...this being the end of fiscal year and new number coming out, you are good", I immiediately asked him "unless the visa numbers are all over for the year and it retrogresses real back than my PD" and his reponse was "I dont think so...atleast I have not been hearing anything about retrogression for now for EB2-I". I hope thats a relief to most of us EB2-I guys. I hope thats the same for everyone else as well.





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  • sk2009
    07-28 03:46 PM
    Hi Krisha

    in how many days did u get EAD approved.
    i applied (efile )in the second week of may done with FP and got CPO mail on 28th june , till now no approval mail or EAD Card

    did u get Approval mail before getting actual EAD Card?
    thanks



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  • Immqry
    10-11 12:44 PM
    Hi,

    My I-485 AOS thru my Husband's I-140 is pending right now.

    Recently My sister's Approved I-130's priority date is Current, So now I Can file for AOS thru my Sister's I-130 also.

    My question is :

    Which is better Interfile or new filling ?

    What are the advantages and dis-advantages of both ?

    If I go for Interfiling and If My Application is not approved thur one track (I-130 / I-140) will my application be pending for another track ?



    Thanks

    Immqry





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  • kumar100.gundra
    05-12 03:53 PM
    I have ben working with employer A on an H1B ( even labor and I-140 approved, PD-April2009) and planning to apply for H1 transfer now through employer B.

    After the transfer is approved for B, if I change my mind and decide to continue to work with curent employer A, can I do that ?

    Thanks,
    Kumar



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  • bkshres
    10-27 04:26 PM
    I paid $350 to my attorney. However there is no filing fee.





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  • srikanth003
    02-28 10:47 AM
    Thanks for your time and consideration. I was of the same opinion till now. But getting a little flustered lately, since my I-94 end date is 10-Jun-2011. I could not check back with my employer if they would be doing a premium one. Because once I raise any such queries, they might start the process now itself to avoid last minute submissions. Since there would be questions from them on why did I delay till now etc :(
    Thats the fix I am in now.



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  • ztopia
    03-31 02:32 PM
    123 & others,

    If u guys transferred over ur H-1, did u wait until u got the actual USCIS receipt (for the H1 transfer) before u started working at the new company?





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  • rp0lol
    04-08 09:10 AM
    To be on safe side, I suggest you first get 3 yr. ext. and then change your job.

    "After job change can I use old PD ? Can I apply EB2 perm after changing job ?"

    Answer of first question, yes you can use your old PD only if your current employer (old if you change job) does not revoke it.
    second answer, you can apply in perm-eb2 with new employer as you now have more exp. (old job).


    But still check with another lawyer.





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  • smuggymba
    10-06 12:00 AM
    LOL. never heard of this. I guess it's still on.





    gc_chahiye
    10-27 01:54 AM
    I believe you have to be in the US when your 140 is applied. Same goes for 485. Check with your lawyer. Once 140 or 485 is applied, you can travel outside.

    For 485 you do indeed need to be in the US (for yoiu adjust status, you need to be in some status in the US). However for I-140 you need not be in the US. Can you point to any law or any link on any forum that says you need to be present for filing the I-140?

    The complete GC process can be done without ever entering the US (do LC, file I-140, then do Consular processing for the final stage)





    vin13
    01-30 10:35 AM
    There is not anything like withdrawing AC 21. It was to show that you worked in a different company with similar job description.

    The question is, did you send a letter to say you are changing jobs using AC 21?

    If you did not send the letter, then you really do not need to do anything. Just join your original sponsor. If there is an RFE, you can always prove that you worked in a similar job category.



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