Wednesday, June 29, 2011

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  • jsk1982
    08-24 01:51 AM
    I have an I-485 that will be current soon, but I am not employed. If they approve it, will that be considered a mistake and make it invalid? Should I withdraw it? Will a letter explaining the situation be sufficient? I have another application as a dependent, just takes longer.

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  • sccarol
    03-03 09:34 PM
    Hi all,

    I am in a strange situation-- I have 2 different PDs.

    1) PDs on my I-140 is listed: June 30, 2005 (which became current as of 2/11/2011)
    2) I recently discovered a different PD listed on the Request for Initial Interview Notice (for my pending I-485). There is a Priority Date box on this notice letter, and date listed is Aug 16, 2007.

    Biometrics done Nov2007
    Initial Interview done June 2010
    FingerPrint done August 2010
    Currently on 3rd EAD
    Nationality is Taiwan
    Current status: AOS pending

    I am torn and confused because 2 PDs are 2 years apart. Does any one have the same issue like me? What should I do??? Which PD is the correct one I should go with?? Please help! Thank you so much in advance for your time.

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  • Blog Feeds
    09-08 07:20 PM
    The most frequent question that we receive is �How do I choose a good immigration attorney?� Our response is �Why settle for �good�? Read on. There are websites for finding excellent hotels, wonderful restaurants and great physicians. How about a site for choosing an attorney? See During the past year, Avvo has emerged as the premier site for selecting an attorney. Avvo, short for avvocaat (Italian for attorney), is gaining not only in popularity but in usefulness. Great immigration attorneys will tell you that by the time 30% of potential clients consult with them, some incompetent attorney or �consultant�...

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  • plakshmi
    08-28 11:00 AM
    Any help on this question?


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  • masouds
    03-24 03:28 PM
    So, I called USCIS this morning. The lady at the other side of the line told me that I have to reapply, and unless I have a real emergency (as defined by USCIS), I have to wait for another 6-8 months for the AP to be reissued.
    Let that be a lesson to you.


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  • PD200711
    01-22 03:43 PM
    Case type: H-1 approval without end-client letter
    Submitted by Rajiv S. Khanna on Jan 20th 2010, Modified on Jan 20th 2010
    Category: H-1 Visa
    Status: H-1B approved
    We have just received another H-1 approval for an end-client placement. There were two intervening vendors and the end-client declined to provide a letter stating that there is no requirement in law for them to provide any such letter. We had to get together convincing secondary evidence. I was highly doubtful we will get the approval, but we did. So, despite the January 8 memo from USCIS, there is life yet for consulting industry. Sample Cases | Immigration.Com - Law Offices of Rajiv S. Khanna, PC (


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  • Blog Feeds
    11-08 03:30 PM
    H1B Visa Lawyer Blog Has Just Posted the Following:
    The Administrative Appeals Office (AAO) Processing Times were released on November 4, 2009 with processing dates as of November 1, 2009

    If you filed an appeal, please review the links below to determine the applicable processing time associated with your particular case.

    Administrative Appeals Office (

    The current processing time for an I-129 H-1B Appeal is 13 months. The current processing time for an I-140 EB2 Appeal for an Advanced Degree Professional is 27 months. Most other cases are within USCIS's processing time goal of 6 months or less.

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  • mzafar125
    10-04 02:49 PM

    I know this may be a little of topic but just bear with me. I am simply looking at alternatives in case the GC does not pull through. Does any one over here have any experiences living and working in the Middle east ? I just read an article about Saudi Arabia's economy dealing with record unemployment. They are in the process of taking jobs away from foreigners and giving it to the locals.

    Where do we go to look for jobs in the Middle east. Any advice on this topic would be greatly appreciated. I'm praying my GC does finally pull through.



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  • niacin-1234567
    03-17 08:13 PM
    I have got H1B after long long wait from L1B visa. I work for an MNC from the past 6 years. (5 yrs in usa and 1 yr in india). I came on L1B visa to Usa and applied for a green card EB3. My 140 is cleared in 2008 and 485 is pending(My employer says pending but not sure about that as he did not give me the reciept number). My job role is architect and leading a team of 14. But getting peanuts like 58k. I have lot of debts and clearing from 2 years and presently my credit history is recovering back to normal. Presently managing with debit cards...

    Is it a good option to switch the company at this point of time. I am in 5th year of my stay in usa and have h1 till 2012. Can you guys suggest me if it is a good option to switch a job interms of green card / continous stay in usa...

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  • kokujampo
    04-27 10:19 AM
    Hello everyone,
    I had come and been living in California since Feb 2010 under F1 visa.
    My mom filed the form I-130 to petition me last year when my PD was current (Dec 2010), I filed the form I-485 to AOS. I got fingerprint done and was issued the EAD card plus a valid SSN and Alien number also. And last week I just got the INterview done at the local USCIS. Unfortunately, the officer said because the retrogression of visa bulletin, my PD wasnt current anymore, and all the paperwork was sent to NBC to be saved there and when my PD comes, they will issue me my GC.
    I am currently going to school, and Im wondering if Im qualified for FAFSA, and am I considered as CA resident so that I dont hav to pay out-of-state resident?
    Also, I will be filling out my transfer application to a university this FALL (Im going to a Community College now), what should I write for my immigration status and etc?
    I will rly appreciate ur feedback!

    P/s: I apologize if I spam with this topic, since I rly need the answer. thanx


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  • Blog Feeds
    08-03 07:30 PM
    On July 29, the National Review Online broke the story about a leaked USCIS memo entitled "Administrative Alternatives to Comprehensive Immigration Reform". Immediately, Senate Republicans went on the attack. Senator Charles Grassley(R-Iowa) did not hesitate to invoke the dreaded "A word": "This memo give credence to our concerns that the administration will go to great lengths to circumvent Congress and unilaterally execute a back door amnesty plan." A "back door amnesty plan"? Whoa! Now, wouldn't that be a great issue for the Republicans in the November elections? However, Senator Grassley must be hoping that people will not take the time...

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  • blao
    07-08 05:15 PM
    we are on last stage approved i-130 USA citizen for married daughter.
    because we overstayed in USA since 1996 here do we have to leave country since we applied only in 2003?
    this would be a disaster since we have nobody in Italy that con support us until get a waiver from USA counsolate....they said about 9 months if everything is ok...
    my only hope is that a read something about cancellation of deportation and adjustment of status here in USA no needed to leave dangerous can be to start this process, wile waiting for last stage of i-130?
    i have good business, house, cars, furniture here and always paid taxes. 2 USA kids. thanks gimme hope


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  • wandmaker
    03-03 06:00 PM
    I have an approved I-140 and have a pending I-485 filed with NSC, received date 15 Aug 07. NSC I-485 processing date was moved up to Aug 15 a few days ago.

    Was wondering if anyone else with similar received dates got an approval or some form of reply from NSC?

    Fill up your profile and use IV tracker - you should be able to dice and slice the data

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  • cortel
    09-27 11:04 AM
    We are getting ready to file for another H1B extension, and based on work location, will have to file with the Vermont Service Center. The employer is NOT cap-exempt, but I have had an H1B for many years (so do not need to file for new visa). I am not sure which is the correct address for filing, though. (See p. 20, I-129 instructions.) I think we need to use:
    All other I-129 Cases:
    Vermont Service Center
    ATTN: I-129
    75 Lower Welden Street
    St. Albans, VT 05479-0001.

    (Other option:
    H-1B Cap Cases:
    Vermont Service center
    ATTN: H-1B Cap
    1A Lemnah Drive
    St. Albans, VT 05479-0001.)

    Can you confirm the first address (for all other cases) is correct?



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  • Macaca
    09-27 11:40 AM
    Following Bush Over a Cliff ( By David S. Broder ( | Washington Post, September 27, 2007

    The spectacle Tuesday of 151 House Republicans voting in lock step with the White House against expansion of the State Children's Health Insurance Program (SCHIP) was one of the more remarkable sights of the year. Rarely do you see so many politicians putting their careers in jeopardy.

    The bill they opposed, at the urging of President Bush, commands healthy majorities in both the House and Senate but is headed for a veto because Bush objects to expanding this form of safety net for the children of the working poor. He has staked out that ground on his own, ignoring or rejecting the pleas of conservative senators such as Chuck Grassley and Orrin Hatch, who helped shape the compromise that the House approved and that the Senate endorsed.

    SCHIP has been one of the most successful health-care measures created in the past decade. It was started in 1997 with support from both parties, in order to insure children in families with incomes too high to receive Medicaid but who could not afford private insurance.

    The $40 billion spent on SCHIP in the past 10 years financed insurance for roughly 6.6 million youngsters a year. The money was distributed through the states, which were given considerable flexibility in designing their programs. The insurance came from private companies, at rates negotiated by the states.

    Governors of both parties -- 43 of them, again including conservatives such as Sonny Perdue of Georgia -- have praised the program. And they endorsed the congressional decision to expand the coverage to an additional 4 million youngsters, at the cost of an additional $35 billion over the next five years. The bill would be financed by a 61-cents-a-pack increase in cigarette taxes. If ever there was a crowd-pleaser of a bill, this is it. Hundreds of organizations -- grass-roots groups ranging from AARP to United Way of America and the national YMCA -- have called on Bush to sign the bill. America's Health Insurance Plans, the largest insurance lobbying group, endorsed the bill on Monday.

    But Bush insists that SCHIP is "an incremental step toward the goal of government-run health care for every American" -- an eventuality he is determined to prevent.

    Bush's adamant stand may be peculiar to him, but the willingness of Republican legislators to line up with him is more significant. Bush does not have to face the voters again, but these men and women will be on the ballot in just over a year -- and their Democratic opponents will undoubtedly remind them of their votes.

    Two of their smartest colleagues -- Heather Wilson of New Mexico and Ray LaHood of Illinois -- tried to steer House Republicans away from this political self-immolation, but they had minimal success. The combined influence of White House and congressional leadership -- and what I would have to call herd instinct -- prevailed.

    Rep. Pete Sessions (R-Tex.) argued that "rather than taking the opportunity to cover the children that cannot obtain coverage through Medicaid or the private marketplace, this bill uses these children as pawns in their cynical attempt to make millions of Americans completely reliant upon the government for their health-care needs."

    In his new book, former Federal Reserve Board chairman Alan Greenspan wrote that his fellow Republicans deserved to lose their congressional majority in 2006 because they let spending run out of control and turned a blind eye toward misbehavior by their own members. Now, those Republicans have given voters a fresh reason to question their priorities -- or their common sense.

    Saying no to immigration reform and measures to shorten the war in Iraq may be politically defensible, because there are substantial constituencies who question the wisdom of those bills -- and who favor alternative policies. But the Bush administration's arguments against SCHIP -- the cost of the program and the financing -- sound hollow at a time when billions more are being spent in Iraq with no end in sight. Bush's alternative -- a change in the tax treatment of employer-financed health insurance -- has some real appeal, but it is an idea he let languish for months after offering it last winter. And, in the judgment of his fellow Republicans on the Senate Finance Committee, Bush's plan is too complex and controversial to be tied to the renewal of SCHIP.

    This promised veto is a real poison pill for the GOP.

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  • hydbadi
    06-26 05:06 AM

    I was laid off from Company A on H-1B in May 09. My EB2, India, I-140 was approved in Mar 09. Since PD is not current, I-485 has not been filed yet. Here are my questions:

    Can I retain my PD if Company A withdraws(worst case) my I-140 petition?
    If I find employment with Company B, can I still file my I-485 using Company A's I-140 petition assuming Company A provides me with an Employment Letter for future employment?
    If previous step is feasible and I-485 is approved within 180days of filing, will it pose any issues if I have to invoke AC21? (since I will be working for Company B when I file I-485 with Company A) I ask this because I have 2 yrs and 4months on my H-1B off the 6yr limit and I am afraid I might run out of H-1B time before I file I-485.



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  • yogesh
    11-12 09:44 AM
    hi guys,
    during stage 3, they require a birth certificate. what if I dont have a birth certificate? do they accept an affidavit from my parents with a domicile cerrtificate or not? i dont even have a school leaving certificate. please give me advices.
    Thank You

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  • sepoy321
    05-20 05:59 AM
    My case

    I-140 Approved 2008
    I-485 pending [ concurrent filing]
    Have valid EAD [me and wife] but never used it. Still on H1B and H4 respectively.

    I am on second term H1B which expires on Oct-2010.
    Project is ending and I have to find new job. Current company applied for EAD renewel last week. But didn't want to spend for H1B renewal since I might change jobs. I am planning to invoke AC21 and shift to similar job. I want to know what is the last date for me to renew/port my H1B ?

    My wife used her Advance Parole for travel [but did not use EAD for job], does that mean she is not in H4 anymore ?

    Thank you friends. Any advise would be appreciated.

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  • crystal
    11-12 11:49 AM
    Valid EAD along with SSN is used for work. As you are waiting for the corrected EAD, you cannot work I guess.

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    Blog Feeds
    04-05 09:40 AM
    A Department of Homeland Security Office of Inspector General report has been released which paints a very troubling picture of the 287(g) program which allows local and state law enforcement agencies to enforce immigration laws. The report doesn't mince words:We observed instances in which Immigration and Customs Enforcement and participating law enforcement agencies were not operating in compliance with the terms of the agreements. We also noted several areas in which Immigration and Customs Enforcement had not instituted controls to promote effective program operations and address related risks. Immigration and Customs Enforcement needs to (1) establish appropriate performance measures and...

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