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  • add78
    04-21 05:07 PM
    Hello,

    If someone is going to be filing for I-140 on a recently approved EB2 (India) while on H1-B in USA with same employer, is it better to check the first box (Alien will apply for visa at a consulate abroad - meaning consular processing of 485) instead of AOS? My understanding is once I-140 is approved and if 485 dates become current, then if CP has been indicated on I-140, then the consulate abroad will order visa number in the month after and the person should get an interview call, even if the dates retrogress back in the following months?
    In that case indicating CP is better than AOS on I-140? If so, can the person continue to work on H-1 while waiting for the interview call at consulate abroad?

    Thoughts appreciated. Anyone please?
    Thanks




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  • omahaguy
    08-05 11:48 AM
    Company A attorney says I can apply for 3 year extension from B. Still waiting to hear from B's attorney. Did you check with your attorneys?




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  • jingi1234
    08-23 05:50 PM
    He/She can join old company as long as H1b from the old company is not revoked. There is no need for any H1b transfer as long as old company's H1b is valid. Just go and join them back if they are willing to take him. Lot of people of H1b do this. Hope this helps.

    This really helps. Thanks




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  • scorpion
    07-11 11:49 PM
    If you have provided your email in AR-11 then you will get confirmation.



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  • eilsoe
    10-07 10:39 AM
    Notice the change in the eyes... :)




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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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  • MrWaitingGC
    09-28 02:35 PM
    I think he has suggested you for Good. And take a look at the add what they have given for LC. If this says you need MBA then you can go for Eb2 else you cannot.

    I another case a guy had 10yrs experiece but job requirement asked for 1 yr so they have to go for EB3.




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  • 1human1
    03-04 07:58 PM
    any suggestions/answers pls? thanks



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  • elaiyam
    04-13 09:55 AM
    This may be a RFE... keep in touch with your law office.


    I am not sure if someone is in same situation.For my I140 it says the following

    Current Status: Document mailed to applicant.

    On April 1, 2009 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.

    I am not sure what does this mean. If some one can throw some light.




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  • good idea
    06-03 08:14 AM
    Hi all!

    I've been trying to get a job offer from Canada for the past one year as my occupation is not on the list of occupations that have shortage. I'm a market research analyst and work online with a UK company for almost 3 years. I would love to move to Canada and have a real job and family but am at a stage where I do not know what else to do as the companies want you to be present in Canada and Canadian govt asks for a job offer to get a visa?

    Very confused here. If someone got an arranged offer from Canada could you please guide on how much work experience you had and how you got an offer?

    Thanks!

    -If your job is not in NOC, you have limited choices.
    1)Move to Canada & study for 1 yr., a person who have study there for 1 yr. in Canada & has 2 yr. of experience can apply for Canada immigration, even if his profession is not in NOC list. You would be eligible as you have 3 yrs. experience.
    try this (http://www.canadavisa.com/canada-immigration-discussion-board/skilled-worker-professional-immigration-b4.0/)
    2)Job Offer from Canada, this would be quite tough as everyone prefers local candidate.



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  • Ann Ruben
    02-21 05:50 PM
    You are absolutely correct. The original poster's information indicates that no I-485 is pending, so I wasn't thinking about the AP alternative.




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  • rayoflight
    06-16 08:11 PM
    I urge members of the State of Virginia to join. Please PM me to share your thoughts, ideas and how we can make a difference.

    Join the State Chapter by sending your IV id, State of Residence, telephone number, email and Priority Date.

    Should you have any questions, please PM me with your number and I shall call you soon.

    Cheers,
    Rayoflight



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  • hebron
    06-22 02:11 PM
    My PD is Sep 2004 EB3. If I decide to move to another employer who could also file an EB2 labor for me, how long should I wait before they could file a EB2 perm application for me?
    Suppose I apply for a position by replying to a job posting (advertisement) on monster.com or dice.com and I get that job, can the company use the same ad for applying for my PERM labor?




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  • terryc
    02-07 12:24 PM
    Ah ok thx for this tip !
    I think i will let the Initialize component alone in this case :)



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  • Shakermaker
    08-17 10:11 AM
    I was gonna say Job offers....beat me to it!




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  • anantc
    08-26 04:47 PM
    Here is the sequences of Events(BE + MBA computer systems)+5 yrs experience when filed labor:
    Labor Filed Date: Oct 3rd 2003
    Labor Approved Date: Sept 15th 2006

    EB2 140 Applied: Oct 30th 2006
    485 Filed (self & wife): July 2nd 2007, Receipt Date: Sept 9th 2007.
    485 Finger Print for both(biometrics): Oct 4th 2007

    EB2 140 Query (RFE): Dec 5th 2007
    "The labor certification accompanying this petition specifies that a bachelor's degree and 2 yrs of experience is an acceptable combination
    for the position offered. Therefore, the job offer portion of the labor certification does not demonstrate that the job requires a professional holding an advanced degree or the equivalent.
    Consiquently, in accordance with the regulation cited above, the petition cannot be approved.(Title 8, Code of Federal Regualtions part 103.2(b)(8)."

    In between these dates, my H1 renewal (for 8th year) that was pending since sept 2007 was put in Premium.
    EB3 140 Applied: Jan 10th 2008
    In between this dates... EAD & Advance Parole (I-131) for my wife was applied and approved.
    EB3 140 Approved: Mar 17th 2009. But the priority date was diff on the approval notice(Aug 2004) which has given to Labor department Chicago for rectification.

    Should I go for another labor with new designation EB2 which I can port to above priority date or wait till EB3 becomes Oct 2003/Aug 2004 based on my current EB3 approval I-140?
    Also will the existing I-485 pending is fine or should I file new one for EB3?

    Thanks in Advance.
    Anantc



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  • dollar500
    08-07 06:32 PM
    I know it's a naive question...but i can't guess...Is it last Update?




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  • jimytomy
    07-19 09:32 AM
    ^^^^^^^^ bump .
    Hello guys any thought on above question ?




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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)




    theOne
    07-23 06:49 PM
    Nsc




    Jaime
    11-11 06:17 PM
    Has anyone heard about the immigrant advocacy groups that are planning a protest march on Washington one day after Obama's inaguration. They plan to demand that immigration raids stop and that immigration reform be taken up during the first 100 days of Obama's administration (while recognizing that the economy comes first)

    The marches are apparently being organized by the Coalition for Humane Immigrant Rights of Los Angeles (CHIRLA). These news are very fresh and thus far I have only seen it on Spanish language media (3 different online newspapers). Here is the note in Spanish: http://www.chirla.org/node/246

    Should we march ourselves for legal immigrants? Send flowers? The inaguration and following days will be very visible.



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