Thursday, June 30, 2011

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  • gcf1
    01-01 01:33 AM
    Hi Everyone,
    I've got couple of questions.

    1. I'm on F1 and got pregnant. Can i take a break for sometime and get back to studies?

    2. My husband is a GC holder..well we got married after he got GC ( i know what you guys must be thinking :-))...now can he apply for a family based GC for me, i kind of know that it takes atleast 4 yrs for me to get GC...but just wanted to make sure that he can apply while i'm on F1...pls share your views...

    Thanks a lot in advance
    Babli





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  • rorypirrie
    03-19 02:19 AM
    I think it goes around intent. Does your sister show signs of staying in the US or does she fully intend to return. Proof of reasons for her to return would be good to have on hand.





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  • ashton
    01-06 09:15 PM
    Hello all,

    Anyone who has knowledge in the following can reply back to me.

    Mother 10 years Multiple visa will expire in May 5th of this year, questions:

    1. What is the last date she can travel with this Visa?

    2. She overstayed her trip in 1998 by 2 yrs and came back 3 times after that trip without any issues at POE and did not O/S her time in 2006 twice and in 2007 , what complication would she have at the Trinidad (Caribbean) Embassy for renewal visa ?

    3. Would they ask about the first trip and why she O/S ? not sure since she made 3 trips after and had NO issue at POE.

    4. Should I go with her for the visa renewal, since I could explain better if this questions comes up ? I have her regular Dr. letter and medical record showing that she was I'll and was seeing him, but not from the hospital.

    The reason she O/S in 1998 is due to emergency surgery 15 days before her return date so she was ill and couldn't go back until she feel well which she did and went back on in 2001.

    Your help is appreciated

    Ashton
    __________________
    ASH KUTCHER
    EB3
    PD 03/01/01
    RO 10/02/02
    45 dys Letter 03/04/05
    LC Appd 03/09/05
    ETA D-04295-XXXXX
    I-140/485/765 RD 06/03/05
    I-140/485/765 ND 06/09/05
    FP ND 06/27/05
    FP DONE ON 2 WEEKS EARLIER 08/02/05
    EAD AD 6/30/05
    I-140 AD 7/05/05
    TSC
    I-485 AD 01/05/06
    Rec Card on 01/13/06
    End of GC Process





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  • thesparky007
    04-23 09:28 AM
    the first one is great and the rest are good



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  • rvendra
    10-30 12:31 PM
    You live in FL ?





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  • scorion
    05-20 11:43 AM
    Sure; any attorney will do as long as it is good one; like some one used the service and have good review.



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  • veritas1
    10-16 10:12 PM
    I applied for H1B as a Software Test Engineer and my LCA is applied with the same job description. Now i wish to work as Programmer Analyst in the same location specified in the LCA. will i need to amend my LCA or H1B or is it fine to continue with the same LCA. Are there any chances of my LCA getting denied and how long will it take to get the new LCA. Thanking you in advance.


    You will need to have the petitioner file an amended petition only if there has been a material change in the terms and conditions of your employment.

    Compare the job duties (not just job titles) of the original and new job to determine if they are in the same Standard Occupational Classification (SOC). See, Find Occupations (http://online.onetcenter.org/find/). If the jobs are in the same SOC, they would both have the same prevailing wage and no material change has occurred. In that case, you may only need to get a new LCA. All LCAs take up to 7 business days to get certified by the DOL. In your case, Software Engineer and Programmer Analyst are probably materially different so an amended petition is most likely the best course of action.





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  • pmamp
    04-05 03:15 PM
    My wife's H1 ends and before it expires she is leaving for home country, there she will apply for h4 to come back on.

    Do we need to file change of status form for her?
    Thank you,



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  • logiclife
    07-30 12:08 PM
    You may want to check out the recording of the call posted on the lawyer telecon thread.

    One of the last questions is about concurrent H1 and L1.

    http://immigrationvoice.org/forum/showthread.php?t=1267





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  • dealsnet
    07-31 05:19 PM
    If you are eligible for EB1, file I-140 now. EB1 is always current in every VB. No need to port EB3 PD. For EB1, no need for Labor process; direct I-140 filing.

    Hi,

    I am currently working on EAD, having invoked AC21 once in the past. My labor was filed in 2005 under EB3 (I was eligible for EB2, but my company filed it under EB3, as per their policy). I filed 485 during July 2007 fiasco and am currently working on EAD.

    My job qualifies for EB1 now and few of my peers have got Green Card under EB1. Can I port my filing from EB3 to EB1? Would it be better to do it with current employer or with a new employer? Pl. advice.

    Thanks



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  • AllVNeedGcPc
    05-21 10:33 AM
    As long as you have your returning documents, i.e. AP for yourself and valid unexpired visa for your wife you should be OK.

    Just use AVR (search online and print the rules). This way you can return on same I-94 within next 30 days.

    We used it when we did our landing back in 2008.

    Hello

    My wife and I will be Canadian Permanent Residents in a few months. I am on EAD with I485 pending and have AP. She is on H1B

    We will need to Travel to Canada for Immigrant Landing formalities after we get PR.

    How can we enter back in US so that my AOS and her H1B Status is not affected?

    Thanks





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  • martinvisalaw
    06-08 03:12 PM
    It sounds like your employer substituted you on an already approved labor cert. The original LC was approved before PERM came into effect, which is why they used the old forms. When doing an LC substitution, the employer kept the original approved Part A and the new, substituted employee needed to complete the Part B.



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  • sathyaraj
    10-01 03:02 PM
    Thank you so much for ur reply.

    yes to all questions.





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  • ashkam
    07-24 08:43 PM
    If you have a beneficiary number on I-140, put that.

    If you ever had an OPT EAD card, put that.

    If you have both, put I-140 number.

    Otherwise leave blank.



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  • frostrated
    10-26 02:16 PM
    your wife's application should be tied to your PD. If you got it in EB1, then she too should be in EB1. The pearson memo will help. Get an infopass and clarify the issue.





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  • ItIsNotFunny
    04-04 12:39 PM
    I have an old H1B visa with approval date December 19, 2000. I moved to US in Jan 2001 and spend only 2 months in USA in total. Stay outside USA from Mar 2001 until now.

    Can I apply for the remaining time against my initial six-year period of admission and will be exempted from the cap?

    If you are out of country for more than a year, your 6 year starts over.



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  • number30
    05-24 11:08 PM
    my wife is filing her I-485 based on my filed I-485 under EB2. Do I need to include an affidavit of support I-864.

    sounak

    NO. I-864 is for family based cases only. Some people include I-134 But not required





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  • dealsnet
    07-13 10:45 AM
    STATUS:

    AOS - ADJUSTMENT OF STATUS.

    Filed for GC (permanent residence), and waiting for it. (explanation)


    I have just signed a contract to buy a new home.
    The first step is to be eligible for mortgage.

    During an interview with mortgage counsellor, she asked my visa status.
    I tried explaining her that I was not on H1 and had not received GC yet, that I am on EAD.
    But she did not understand it. She only understands H1 or GreenCard.

    I am not on H1 since I changed my employer and it expires this October.
    I have also travelled on Advanced parole.
    Recent EAD is good until 2010.

    Can anyone help?





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  • ramus
    06-25 03:18 PM
    Nope.. But please don't create new thred for this..

    Also please contribute to IV if you haven't already...

    Thanks.


    I have not heard any new I485 approvals for Today? Do you know any?





    belmontboy
    10-06 08:56 PM
    My wife is currently on h4. She has applied for H4 to F1 trasfer i539 application with university A in May 2008. She is currently enrolled in University A on H4 as her application is pending. Now she got admission from a better unversity (starting Spring - Jan 2009) and she wants to join this university. What is the process to transfer her university given her i539 application is still pending (and probably remain pending till early 2009).

    Regarding transfer, you need to wait from H4 to F1 before she can start attending classes.

    Once you have a F1 transfer, all you need to do is talk to International Students Advisor dept of univ A and they would advise on what needs to be done. It's easy and straightforward.

    Make sure that your wife still holds a valid I-20 from univ B, before you start this.





    rameshk75
    09-03 01:52 PM
    From the I-131 instructions document, find the list of docs required:

    - I131 application
    - copy of 485 receipt
    - Copy of Driver's license
    - Copy of I94
    - Copy of H1 - I797 Approval Notice
    - 2 Photos (A# and Name on back side with pencil)
    - Check ($305) to U.S. Department of Homeland Security

    - Send the application based on where you LIVE

    Am i missing anything?



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