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Wednesday, June 29, 2011

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  • CRAZYMONK
    07-21 01:14 PM
    Just fill out the new I9 Form with your EAD details. You should be fine.





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  • kirupa
    05-27 09:51 AM
    MetteBB, I have not dropped the whole stamp thing. I have been pretty busy working on a research project for school, but I will have the stamps updated *soon*. Not sure when soon will be here, but I haven't forgotten about it :)





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  • eb3_nepa
    06-20 08:25 PM
    Hello,

    I spoke to my lawyer today and she made it very clear that it is ILLEGAL to file more than one I-485 for one applicant (from 2 diff companies). USCIS will immediately ask you to make a choice.

    THought I should share this information





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  • sircaustic
    10-20 10:38 PM
    Any attorneys in the house? Responses are appreciated.



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  • REEF�
    05-30 01:28 PM
    The text is a bit hard to read, but I really like the rest of itOh comon you're just too lazy it's perfectly readable :sure:.





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  • pinganand
    07-05 02:11 PM
    Hi all,

    [cross-posted to "ask attorney section" as well]

    My spouse (Indian citizen) has received an RFE for her derivative I485 application.

    Her birth certificate has a different first name than her passport. We had filed the birth certificate and an affidavit from her parents attesting to the change. But that doesn't seem to be sufficient.

    The RFE states:

    "Your birth certificate indicates that your first name is XXX and not YYY. Please explain and submit additional documentation in support of your claim".
    ...
    "Copies of the personal pages in your passport OR affidavits are not sufficient to establish a legal name change. Court documents submitted as evidence of name change must have been registered with the proper civil authority".

    We now plan to submit the following:

    1. Court Affidavit filed by my spouse's father at that time of legal name change, at age 3. This affidavit was before a Sessions Judge in India. This was the legal process of changing her name at that time.

    Will this be sufficient? We don't understand what it means for a court document to be registered with the proper civil authority. Can you please advice?

    2. My spouse has a Certificate of Age, Domicile and Nationality issued by the State Goverment of Maharashtra that refers to the new first name and also refers to the birth certificate as well, as proof.

    Will that count as sufficient "registration with civil authority"?

    I would appreciate if someone who has gone through this issue would comment on the proper ways of addressing this.

    thanks!
    Anand



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  • RadioactveChimp
    05-09 01:54 AM
    price?





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  • jgh_res
    07-19 11:03 AM
    Hi,

    My U.S. born son is travelling with my friends from India to USA. He had gone to India for summer vacation. Would anybody have any sample letter for addressing to immigration authorities that we authorize his travel along with my friend.

    Thanks.



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  • redgreen
    03-15 09:38 PM
    concurrent filing means filing of I-140 and I-485 together not two I-140s.

    why do you want to put false data on your profile? such as EB1 at Perm stage with 2000 priority date?
    Are you trying to mock all the IV members? Or just being silly?





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  • dallasanalog
    03-22 04:27 PM
    Hi,
    Kindly reply in English, not assembly language.

    Thanks



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  • Ann Ruben
    04-08 11:05 AM
    Hi Xela,

    I am so sorry for what you must be going through. There are certain visas/immigration law provisions to assist victims of violent crime. I would need more information about your particular circumstances in order to provide any useful guidance. If you would prefer not to share personal details in a public forum, please feel free to contact me confidentially by phone or e-mail.

    With respect to your first query, as an applicant for AOS you will retain legal immigration status even if you engage in non-H-1B employment using an EAD. You will, however, lose "lawful non-immigrant (H-1B) status" if you perform work for any entity that has not petitioned for H-1B status on your behalf.

    Keep in mind that merely applying for and obtaining an EAD has NO impact on your lawful H-1B status. So, given life's uncertainties, it's generally a good idea to obtain EAD and Advance Parole just in case H-1B employment is lost.

    Hope this helps,

    Ann





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  • from_va
    01-08 10:11 AM
    Hello,

    Yesterday i recived a hard LUD on my I-485. Below is the new status from the USCIS website.. Does anyone know what this means ?

    Thank you.

    I applied for I-485 in July 2007.
    My PD is March 2005
    I-140 Approved.

    "Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: This case is now pending at the office to which it was transferred.

    The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was transferred and is now pending standard processing at a USCIS office. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done, counting from when USCIS received it. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. To receive e-mail updates, follow the link below to register."



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  • vinzak
    06-16 01:13 AM
    This is some really interesting data. After looking at this, I'm not sure what recapturing visas means. Be cause it looks like both the FB and EB quptas have consistenly been filled. if you look at table 6.





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  • TimeSaver
    05-17 09:46 AM
    Hi All,

    I need some advice from gurus.

    1. My company filed for my labor and then EB2-140 with March 2007 PD.
    2. A labor became available with EB3 specs and September 2002 priority date.
    3. I wanted to capture that but my company lawyer said no stick with EB2.
    4. Just before July 07 fiasco, when labor-sub was getting eliminated, I asked and applied for labor-sub I140 with Eb3 and September 02 PD.
    5. Filed I485 with EB3 140's copy and receipt number.
    6. Just recently both of the 140s got approved.
    7. Eb3 PD is not current but if I could use the EB3 pd to put into EB2, I could be current. Is there a way or am I day dreaming?

    Thanks



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  • kowligi
    07-28 12:33 AM
    Guys,

    I need your advice in this Regard. My wife is currently on an H-4 Visa (valid until June 2009) and she got her H1 petition approved yesterday. While applying for her H1 this Apr 2008 she was not in USA as she was in India at that time (she went to India for 4 months Feb-June 08). My questions are as below (in Bold)

    1. I believe she should go to a US Consulate (we are thinking of going to Canada as we are Canadian Immigrants) before Oct 1, 2008 as she was not physically present in US when her H1 was being filed (correct me if I am wrong here)

    2. She is planning to go to the US consulate in Vancouver in Sep 08 to get her H1 Stamped. So let�s say she goes on sep 3rd to attend the Visa Interview and gets her H1 stamped, when does the H1 visa validity actually start?

    2a. Will the H1 visa validity start right away or in the last week of Sep? (I am guessing last week of sep..correct me if I am wrong)
    2b. Will they cancel her existing H4 visa right away as they issued her a H1?

    The reason I ask this, if her Visa Validity starts at the end of Sep can she come back to US on her existing H4 after she attends the H1 interview in the first week of sep.

    3. I read in a previous post here that while your H1 processing is going on it is not advisable to travel out of US with H1 receipt number and no approval. As stated above my wife did travel from Feb 08 (before the H1 was filed in Apr 08) to June 08. We got the H1 B approval on July 27, 2008. So does this hamper her chances for getting her Visa Stamped when attending her Visa Interview in Vancouver?

    4. Does anyone know how long the Visa Processing Times in Vancouver is?

    Can the gurus or people who have faced similar situation please answer my queries above as I need to do the necessary ASAP.

    Sorry if these questions are being repetitive as I was not able to find the relevant thread for my answers.


    Thanks in Advance!!!





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  • jasonalbany
    04-09 06:28 PM
    Hi,

    Guys, I don't know how other people think about team IV and why some people suspect our team's ability. I think highly of them. They are in the same boat as we are now! Team IV is the best team I have seen to represent Employment Based Immigrants! The bill isn't dead!!! Don't give up, don't let pessimism overcome you and don't let hurdle confuse your vision!

    Let's unite and work hard to move it. Good job, team IV!



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  • garyn
    04-21 09:41 PM
    Thank you very much for the reply.
    How early can I start working. If I am correct usually I have to wait until I get receipt for USCIS before I can start working for another company. But with H1B from university should I have wait till it gets approved?

    Thank You





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  • s416504
    06-24 11:16 AM
    Current Status: REQUEST FOR INITIAL EVIDENCE SENT, CASE PLACED ON HOLD

    On June 17, 2009, we mailed a notice requesting initial evidence in this case. Please follow the instructions on the notice to submit the evidence requested.

    Received RFE through mail, It says G-325 form missing. Don't know how will that miss?

    Our EB3 PD is JUL-06 then why RFE now? Shouid I reply RFE by just G-325 to USCIS or whole I-485 package again?





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  • pra9876
    10-20 09:29 AM
    Hi,

    I got my EAD renewed recently and by mistake I have interchanged my First Name and Last Name in the application. I received an approved EAD card also with the First Name and Last Name interchanged.
    I noticed the problem only when I went to renew my Drivers License.

    My questions are
    1) What is the process to get the names rectified on an approved EAD
    2) If I leave it as it, will it create any issues.

    Thanks for your help.





    vvicky72
    12-10 07:53 PM
    Does anyone know if we need any special visa for working in Canada if you have a US GC?





    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)




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