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  • martinvisalaw
    09-14 04:51 PM
    My Husband�s priority date is Oct 2003 (EB3). My Employer is willing to start for GC in EB2. Can We use my husband�s EB3 Oct 2003 priority date ?


    I agree with the other answers - you cannot recapture someone else's priority date. See here (http://martinvisalaw.blogspot.com/2009/08/faqs-on-recapturing-i-140-priority.html)





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  • sledge_hammer
    04-10 01:41 PM
    I thought they ended labor substitution!!!

    Hello,

    Yes, you can file I140 Premium Processing for a substitute labor. I have done that. Got approved in 9 days.

    Good Luck.

    DesiXP





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  • sneha.shah
    05-05 12:55 PM
    Hello,

    I am planning to file H1 petition through a sponsor . I am having questions for h1 duration and initial h1 approval time, here is my details :
    I am on L1 right now and my L1 stay in US is :
    Apr'07 - Dec'07 - 9 months
    Jan'08 - Mar'09 - Was in india
    Mar'09 - till date - ~13 months.
    Now my questions are :
    1) If I apply for h1, how much time I can stay on h1 considering L1 stay as well ?
    2) How much time initially h1 could be approved before doing h1 extension for another 3 years ?

    I would appreciate your help, Thanks in advance.





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  • Sai gc
    08-07 10:47 PM
    Hi ,
    I received NOID on my i 485 (to be precise here is what it states)
    1)" 140 filled on behalf of you has been revoked by my previous employer ,also mentioned as it is after 180 days of filling my 485 ,but my application still valid with in the meaning of section 204 of the act.
    but they asked for employment verification letter from my recent employer with duties,educational qualification and offered wage of salary as it is .
    2) Inmatter of semerjian ,it was held that an immigrant alien with in the purview of section 212 (a)(14) must establish a bona fied intent to work in USA,immediately or in fore seeable future,in his or her qualifying endeavour or in a related field.
    3) It was further held in matter of tanaham ,18 I & N dec.339(reg.comm.1981)under section 245 of act who meets the objective pre requisites is merely eligible to apply for adjustment of status. when an alien seeks the favourable exercise of discretion by this service ,it is incumbent up on alien to establish that he or she merits adjustment

    what does number 2 and 3 mean? what should be provided in evidence to that?Please advice.

    The date on the notice is june 23 rd ,but i received my mail 2 weeks back to the adress where i work.(say july 24 th)
    Iam away from that adress since 2 weeks

    Responded to my RFE with EVL (emploment verification)way back in august 2008 through attorney .so considering the date on notice that is june 23 rd. 33 days time has passed.but when i consider the date i received i still have time,which date should i consider,iam confused....,is it OK if i send my reply next week.Now iam worried,as just now i came to know about my letter from uscis(no online update though). what to do now,iam worried ,please advice.

    --------------------------------------------------------------------------------



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  • abq_gc
    08-14 08:19 PM
    i got an RFE on my AP... don't know yet what it's about though..

    had the same question as you...whether these applications are mutually exclusive or not..

    abq_gc





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  • sbay2006
    07-12 05:38 AM
    Hi All,

    I used the AR-11 form for the change of my address. I did it online. Also, while changing there is an option to change the address for any pending petition. In my case it is the I-485, which I changed.
    My question is, how to verify if the address has actually changed in the system at USCIS. I checked my case status online and did not see any LUD's.

    Please let me know if anyone of you have done the change of address and share your experience.

    Thanks!!!
    Call the 1-800 number and navigate to an rep via the POJ method.. You can verify you address with them.



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  • pnagar
    12-05 08:35 PM
    Guys, my details are:

    PD Apr'07 EB2
    I-140 Filed May'07, pending
    I-485 Filed Jul'07


    Please help me with:

    1) Assuming 140 is approved before changing the current job under AC21, what are the things the new firm has to file. Does the new firm have to file 140 again? I presume that labor and 485 stays intact..pl help folks.

    2) I will complete 6 mths of 485 filing in Jan-08. If 140 gets approved around Jan-Feb'08, is there any risk if I change my employer after that under Ac21. Does it hurt if the present firm withdraws 140 after approval?


    Sincere thanks in advance.

    nagp





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  • STAmisha
    06-23 08:15 PM
    I have a very unique problem.
    I'm filing 140 and 485 now with my current company (company B). I came to USA in Sep 2000 via company A. I joined current company in May 2003. I did not resign from company A till July 2003 ( was on vacation from company A and got paid).I also got experience letter from company A saying that I worked from Sep 2000 to july 2003

    Now in my biographic forms should I declare that I worked in company A from Sep 2000 to May 2003 (or) Sep 2000 to July 2003?
    If I put Sep 2000 - July 2003, will I be in a problem? Please advice

    Also, I LC just got approved from P-BEC. We dont have the physical copy yet. can we file 140 and 485 without it?



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  • nomi
    10-27 12:49 PM
    This is same rule in MN too. My wife extend her H4 with dirver license. You need to get her H1b approval first and then renew her license with new H1b Expiration Date. Hope this will help.

    Thx.

    Nomi





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  • mallikonnet
    07-18 07:03 PM
    please put ' before the url
    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f3fe194d3e88d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=9059d9808bcbd010VgnVCM100000d1f1d6a1 RCRD


    IF YOU CANT GET WITH THIS LINK GO TO USCIS.GOV THEN FORMS THEN E FILING ON LEFT HAND SIDE THEN CURRENTLY AVAILBLE E-FILINGS



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  • foobar2001
    02-02 01:28 AM
    Hello,

    I am one of those cases where no one can get my name right. This time my visa stamp has an FNU against my first name.

    I have a valid SSN, valid California DL and a valid California marriage certificate. The I-797 is not a blanket petition. It has my name as I wish it to be. I used my I-797 to get my DL couple of years back.

    The question is, will the FNU create any problems at the port of entry? Will it create problems when I renew my H1-B later this year?

    How would I enter my name on the I-94? As on the petition or as on the visa?

    Thank you in advance.
    i had the same issue on my visa. There were no problems at port of entry. Also, i used my real first name in every subsequent form in the US (i94, gc application etc), and have not faced any problems...good luck!





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  • setpit_gc
    02-20 01:01 PM
    All,

    I have a question about Mailing my renewal petitions. I have talked to Texas SC few times. I got different answers each time. It appears that they all need job training.

    Here is my scenario:

    Originally my 485 was filed with NSC and then it was transferred to TSC. So my 485 is pending in TSC right now. Where should I mail my renewal applications?. I live in Colorado. There are 2 different views on this. Some people say that I have to send my applications to whereever my 485 is pending. Some people say that I have to mail it to NSC.

    Any thoughts?/

    Thanks



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  • dixie
    03-13 11:44 PM
    There are two sides to the issue : strengthening the domestic workforce through education, research investment etc and then there is skilled immigration. The first half no doubt enjoys unanimous support ... however, when it comes to promoting skilled immigration, it is a pretty safe bet that the anti-immigrant lobby is going to play hard ball (already evident from the SF gate article). Overcoming this lobby is the whole challenge ..





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  • willIWill
    06-08 03:00 PM
    I am bumping this poll up again so that it gets more visibility now as many folks are trying to check for VB updates.

    I believe there are a chunk of folks in option number '3' or '4'. This poll may help to understand how significant the numbers are. Also if anyone in that boat, add your inputs.



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  • wandmaker
    04-28 08:55 AM
    Hello

    I am on H1 and 3 months back i came to US.After one month i applied for SSN,but still didnt get that.
    when i went to SS office for enquiry 1 week back, they told me that my immigration verification was not done yet. so i had to wait.
    can anyone help me with this.
    how many days will it took to complete the process??
    is there any other way around........
    please answer me ASAP.

    It usually takes 8 weeks tops to complete (after all dig deeeeeeeep checks). Does your first & last name match on passport, 797 and I-94? - this is one of reasons for delay in issuing a SSN. My 2C





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  • wandmaker
    11-07 09:32 PM
    If you have filed G28, your attorney on record will get the approval notice (3 hard copies).

    On USCIS website, my I131 messages says as Document approved and..so on on Nov 1. Till date I haven'yt recd. any copies yet. Will it come to me or Lawyers?
    Thxs



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  • Blog Feeds
    07-13 04:10 PM
    H1B Visa Lawyer Blog Has Just Posted the Following:
    The United States Immigration and Customs Enforcement (ICE) recently updated their list of Student and Exchange Visitor Program (SEVP) approved schools (http://www.ice.gov/doclib/sevis/pdf/ApprovedSchools.pdf). The schools listed have all been certified to participate in the program.

    The program allows foreign students interested in obtaining an education in the United States to complete a visa petition, pay the required fee, and attend a U.S. College or University.

    Interested Foreign students: There is a process in obtaining a student visa, but it is not a difficult one. The student must first obtain Form I-20 from the U.S. College or University from which he/she intends to enroll, pay the required visa fee (Form I-901) and contact a local U.S. Consulate/Embassy to schedule an interview. The SEVP procedures differ among U.S. Consulates/Embassies; contact your U.S. Consulate/Embassy NOW to determine its particular procedure on applying for a visa before planning for the interview.

    Interested Schools: There is a separate process to obtain F & M Certification. Authorized school officials must obtain and complete Form I-17. An overview of the SEVP Certification process can be found on the ICE website . If approved, the school will be certified and allowed to issue Form I-20 to qualifying foreign students.

    If you need assistance or an explanation of the SEVP, please contact our office (http://www.mvplg.com/contact.htm) to schedule a consultation.





    More... (http://www.h1bvisalawyerblog.com/2010/07/updated_list_sevp_approved_sch_5.html)





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  • edaltsis
    10-08 04:25 PM
    As you will have a valid H4, you can try using H4 at the port of entry but it doesn't matter even if you use AP. If the Officer at the PoE objects or raise questions pertaining to your work status then you might want to use AP. Your status will not affect your spouse (or entire family) Green Card process.

    Your status depends on your spouse's status. If your spouse is on H1B; you can always convert your status to H4 even if you use AP at the port of entry.





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  • continuedProgress
    06-13 07:52 PM
    I have my 140 approved and my wife is on F1. How can I proceed with filing 485? (since the dates are current). I am thinking that my wife need to be on H4 before I file for 485.
    Will appreciate if anyone has had similar experience and is willing to share.

    Thanks!





    naveenpratapsingh
    02-01 10:38 AM
    No you do not need an airport transit visa if you are travelling via Germany by Lufthansa using ur AP. Until and unless you do not change terminals it should be fine and all lufthansa flight arrive/depart from same terminals.

    I just returned yesterday using my AP and I traveled via Munich.

    You will be asked for your AP at immigration in India as well as while transiting in Germany..





    bayoubengal
    12-16 02:07 PM
    This is for EB2 row. and whats the visa bulletin's priority dates.?



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