Sunday, July 3, 2011

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  • number30
    06-25 06:45 PM
    I am on H1B visa and my wife has filed N400. We have been married for 1 year and 2 months. she just gave her finger printing on June 10th. we have not yet filed I130 petition as of yet as we were thinking to do that after she gets her citizenship. But today I got laid off from work and the immigration officer mentioned that my wife should file I130 ASAP to avoid deportation. In form I30 On line Item 15 it says to enter the name and address of present employer. I got laid of from work on June 19 today and my wife is filing this I130 petition on Monday June 23. My termination letter indicates june 19th date. I will receive my last pay stub on July 3rd.
    Should I put the name of the current employer on line 15 or should I say "unemployed" and explain in a seperate piece of paper about recent layoff? I will be out of status and will be inviting immigration if I mentioned that. Please help.

    I assume your wife is not yet citizen. As a spouse og GC holder Applying I-130 does not change anything . wait until your wife gets citizenship and apply. Otherwise you have to conversion




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  • golgappa
    08-19 01:13 PM
    Hi Gurus,

    I am in company A on H1B and doing H1B transfer to Company B.

    Company B is saying that I can join the same day on which the H1B transfer packet is received by USCIS.

    if the docs are delivered on SEP 01 2009 can I join on the same day, or I should join from SEP 02 2009




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  • fasterthanlight�
    05-16 04:20 PM
    Font could definately use some work. I'm so sick and tired of times new roman being everywhere. The only thing its good for is essays.




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  • priderock
    08-07 04:27 PM
    She was detained for five hours but not strip searched. Understandably she was upset by it."


    Wow. She was upset because she was not strip searched? :D

    :) :)



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  • ho_gaya_kaya_?
    11-27 10:08 PM
    I hope you have good lawyer on your case

    We had a similar situation
    My wifes app got separated from mine
    since we had used a single check- my app was returned (the fees was double the amount!!!)
    After a painful one and a half month my wifes application finally showed up- and got rejected (no fees) and we then refiled.

    But the interesting thing was that during this 90 days period- my lawyer had someone at USCIS try to trace the missing application.
    and he used to exchange emails with the supervisor's office on this

    Is his PD current ?
    If yes- then you should be fine.
    If not- then it gets kinda tricky- though not too much
    You have to prove that your app was lost and you are reconstructing the case

    Keep in mind that that you will probably have to withdraw your app and refile with him
    And that sooner or later- your husband's original app is going to show up
    And at that time - you will have two active apps- but nothing that cant be sorted out...




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  • Ennada
    09-16 02:49 PM
    My wife is working on EAD and her EAD is expiring begining of next month. New EAD has been applied. Can she work with the EAD renewal receipt if the EAD expires ? What are the possible options ? Pleas help



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  • seaken75
    10-12 03:38 AM
    bump




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  • Student with no hopes
    11-01 11:45 AM
    I heard that only applicants who are current are considered as backlogged - is this true?

    Applicants who are not current - which statistical group do they belong to?



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  • smisachu
    08-22 04:09 PM
    [URL="http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1008366"]

    Here is the link. Its 194 pages so lets read it and assimilate it. We might be able to use some key points.




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  • skp71
    04-02 11:58 AM
    Some good thing is going to happen for EB3 category or not? I hope all the efforts we put are not goin to waste...



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  • Student with no hopes
    11-01 11:45 AM
    I heard that only applicants who are current are considered as backlogged - is this true?

    Applicants who are not current - which statistical group do they belong to?




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  • STAmisha
    08-27 05:47 PM
    It is called interfiling. You can use a new 140 (approved or pending) to replace the existing 140 (approved or pending) for an I-485. Even though the common perception is that the PD must be current, it is not true (per Murthy).

    I'm not a legal person, please verify from an attorney



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  • Dhundhun
    03-27 07:35 PM
    :)LOL:)
    Wait for GC is a lifestyle.




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  • SlowRoasted
    04-24 10:33 PM
    nice, i like the green one best



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  • PALLO
    04-20 03:50 PM
    Thank you guys for your input




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  • st4rguitar
    04-06 01:51 PM
    Hello
    My Labor approved in May 2007, Still i didn't received my Labor Hard Copy.

    Anyone in same boat??:eek:

    You will not receive the originals. They will go to the entity that filed your LC - if a lawyer filed for it, the original will go to the lawyer. If the employer filed for it, the original will go to the employer. You will have to sign one page of the original document (which the employer/lawyer should send to you) before filing your I-140. The employer does not legally have to provide you with a copy of the LC either.
    Now, if your employer/lawyer have not received the original from the DOL, he/she can follow the instructions as stated on the PLC website to obtain a duplicate certification copy. Although from what you are saying, if it was approved in May of last year, it will have expired by now anyway.



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  • japs19
    07-20 02:18 PM
    I am in the same situation and I filed for AOS using approved 140 from Company A. The only risk is, if we get an approval within 180 days then technically we will have to go and work for Company A for minimum 90 days, which in my case is not possible. My lawyer said that he highly doubts that any action will be taken in 180 days (my PD is June 05) and once 180 days are over, you can use the luxury of AC21 and could be working for any employer at that time.

    I say go ahead and file for 485 and at the same time tell your employer to initiate LC process. They can use LC for some other candidate if you end up not using it.




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  • AnishD
    04-02 10:47 PM
    I dont think so since someone is doing premium processing, the chances of getting RFE are more. Rather i read in other posts that we should go for Premium processing as it is faster and we come to know the result of the case quickly rather that awaiting for weeks/months.




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  • rbalaji5
    01-11 01:35 PM
    Thanks Gc2 for useful information. I will the family class.

    Do I need to cancel their I-485 after they go to India or I will just leave as it is - let it cancel / reinject by itself.




    neeidd
    03-01 03:32 PM
    Hello Gurus,

    I am planning to apply for EAD and AP. Debating myself if I have to go with e-filing or paper based. Some one told me, paper based DOES NOTrequired biometrics where as E-filing DOES need biometrics? Could you please shed some light on this?

    Thanks,
    Could some one please tell me which one is better and faster (E-filing vs Paper based)?

    Thanks in advance




    prioritydate
    08-18 05:22 PM
    PD is Nov 2004 (transferred from a previous EB2 filing).
    RD is July 29, 2007

    May be they want to approve your both I-140 and I-485, but I-485 may be missing something, so they issue an RFE. It may be the case that your I-140 can be approved. If it is as simple as Birth Certificate, then they may approve both your I-140 and I-1485 after you reply RFE.



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