Sunday, July 3, 2011

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  • h1techSlave
    03-28 08:32 PM
    6800 Canadians immigrate to the US?? I wonder what is their motivation?

    I am happy that no EB visa got wasted in 2007. The first time in the last few years?





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  • grimreaper
    07-23 12:40 PM
    I'm wondering if criminal charges that never lead to a conviction (3 charges in total) can cause a green card holder to get deported? Also, when a person applies to renew a green card after it expired will another FBI fingerprint check be done?

    Thanks for the help.

    If you were never convicted, you should not have any problems. Because remember, you are innocent until proven guilty ( which means conviction) and being charged is not an offense by itself. You might face some problems at POE because your finger prints might show up due to arrest record, but if you have court documents showing you were acquited or police documents showing that your charges were dropped, you should be OK.





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  • moonrah
    10-16 09:51 AM
    I received A#. You can contact your lawyer and ask them. I haven't filed yet.





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  • sledge_hammer
    07-01 09:10 AM
    Hello all,

    I need clarifications on how to answer certain questions in the I-134 form. Can someone here please help?

    __________________________________________________ _______________
    2. I am __ years of age and have resided in the United States since (date) ______

    Do I enter the date I first landed in the US, or the most recent landing?

    __________________________________________________ _______________
    3. Name of spouse and children accompanying or following to join person:

    I am sponsoring my mother and father. Do I name them here? Or should I have separate I-134 forms for each parent and leave "Name of spouse" above blank?
    __________________________________________________ _______________
    7. I am employed as or engaged in the business of _______ with _______

    Should I enter my company's business type in the first blank and name of the company in the second blank?____________________________________________ ______ _______________
    8. The following persons are dependent on me for support:

    My wife and I file our tax as married/joint, and we do not claim each other as dependents. Should I leave the above item blank? Do I leave this blank?
    __________________________________________________ _______________
    9. I have previously submitted affidavit(s) of support for the following person(s). If none, state none.

    I had sponsored my wife's H4 when she came to the US 2 years ago. I'm not sure if I did I-134. Do generally people file this during H4 sponsorship?
    __________________________________________________ _______________
    10. I have submitted a visa petition(s) to U.S. Citizenship and Immigration Services (USCIS) on behalf of the......Date Submitted?

    I had of course sponsored my wife's H4. For date submitted, what date should I use?
    __________________________________________________ _______________
    11. I xIntend xdo not intend to make specific contributions to the support of the person(s) named in item 3

    What should I enter here?
    __________________________________________________ _______________

    Thanks in advance!



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  • vban2007
    10-24 10:19 AM
    This is a mad rush





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  • pappu
    12-18 10:55 AM
    It was during the busy time. However logiclife did speak in that event and meet with other invited people.



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  • uma001
    04-14 03:04 PM
    I am currently on H1B, and my current company is not willing to sponsor me for GC. I am in my 5th year. I have found another company who has agreed to hire me and start my gc process, however, I am in a fix. This new offer is in CA and I am currently in NJ (+ my family)

    I don't want to take this option unless it is absolutely necessary. My spouse, has the I-140 approved and not yet filed I-485. PD is Jan 04, EB3.

    What are my options?

    How many months left for you in fifth year? You need atleast 6 months to join another company so that they can do all the necessary steps in those 6 mnths before they file PERM. Are you trying to transfer to consultancy or full time employer?





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  • resident1374
    01-26 03:43 PM
    I am requesting some expert answers -

    Recently had family-based AOS interview with the USCIS (my wife is a naturalized citizen). One question was asked by the officer - "Did I travel outside US after filing the AOS?" and my answer "Yes - to Canada for few days - by car".

    I traveled to Canada on my company�s H1B.

    The officer explained that once you file you Marriage based GC the only way you can travel is on Advance Parole. Travel on H1B is possible as long as the H1 and the AOS is of the same employer. In my case the AOS was family-based and the travel was on H1B. Such a travel may be considered to be abandonment of the Family based GC process.

    The officer was extremely helpful in providing us information and said he needed more time to go through my case and decide on approval/denial of my case after consulting with other officers/supervisors (I130 looks good for approval) but there is a possibility (he said) that I may have to re-file the I-485 but there is a possibility that I may be approved.

    He told he is waiting on some papers which is in some other State and that will take some time (not sure what papers was he talking about)

    He also said that he will also look into my employer-based GC and see if he can approve that case if possible? Well, I am not sure about that as my priority date is SEP 2004 (EB3). This he said will save me some money of not re-filing and also instead of 2yr conditional GC (marrige is less than 2yrs) I will be able to get 10 yr GC. He took a copy of my I-140 receipt.

    Now, I have a full-time offer from a company and not sure what to do? What if I use my Family-based EAD - that will invalidate my employer based pending AOS - correct? And what if my Family-based I485 gets denied due to abandonment while on the EAD - is the EAD still valid or is it valid only after re-filing the I485?

    Any suggestions?



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  • aguy
    08-03 04:54 PM
    USCIS will consider only your qualifications and experience only at the time of applying for labor against the jobs requirements. You dont have to update USCIS with your latest qualifications.

    It was a NIW filing - so no job description or I-129.





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  • austingc
    05-03 04:18 PM
    austingc,

    Thank you for the advise.

    My wife has already gone to the consulate and got her stamping. So she is out of the loop, its only me who needs the stamp.

    To put my question in a different way:

    Will the consulate cancel/stops/statusquo my wifes H4 visa as the H1B is in "Admin Processing"?

    Thanks again.
    They will not do it because your visa will be under admin processing and not denied or rejected.



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  • cooldudesfo
    12-22 12:20 AM
    Hi,

    Need quick suggestion:

    Company A filed for GC. Labor and I-140 was approved. I-485 was filed during July 2007.

    I changed employer in June 2009; replied to RFE and filed AC21 in July 2009.

    I came to know that my GC sponsring company is going to close the company soon. My current immigration attorney is suggesting that if that happens; and if INS came to know that GC sponsring company is closing down, they will revoke my I-140.

    Is it true? I thought after AC21 is invoked; whatever happens to GC sponsring company, it will not impact my GC application in any way.

    Please advice.

    V





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  • jonty_11
    06-15 04:00 PM
    yes lets continue the support and laud all the good work IV has done thus far.



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  • krishna_brc
    12-07 01:55 AM
    yes you can use AP, when you transfer your H1B to new company.

    Thankyou





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  • Maverick1
    10-30 03:46 PM
    OK.

    Is there anyone who has the same status on AP and actually received the approval notice?

    Thanks.

    Same status for about a week. No letter yet 10/30.



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  • NELLAIKUMAR
    08-22 02:14 PM
    I thought carrying the old US passport along with the new US passport and PIO card would be sufficient. Anyone else with the same understanding????





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  • snathan
    08-10 10:25 PM
    Hello

    Thanks for looking at this question:

    Scenario: I was working for company A on H1 (valid until 2010) and filed a GC through a company B (Head Hunter Company) for future employment, I have my 140 approved, and 485 was filed June 2007, have an EAD/AP. Got a RFE for intent of employment was satisfied with a letter from Company B that "I intend to join company B subject to my favourable adjudiciation". Company A is going under because of lack of funds.

    Questions:
    Now I am searching for a job, I am getting job offers.

    1) Either I will do a contract through through Company B for which I do not have to anything in terms of immigration right?

    2) But if I strart working for Company C's payroll then I am going to have to do an AC21 right or can I still hang on to company B.

    3) If I do AC21 through company C and if the Job description is pretty close to the description on the LC then would it be okay or do I fear rejection? Or will I be asked why I did not work for the company who filed for my GC in the first place.

    Please throw some light on the best option I have.

    Thanks!

    You started you GC as future employement with company A. You never joined them and want to use AC-21 which will raise red flag. So you need to need to very careful.



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  • maugli
    03-19 03:36 PM
    Totally agree with you here Snathan!
    But other than peace of mind is there any other benefit, especially considering my case?





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  • excogitator
    04-13 06:31 AM
    Congratulations Everyone!!! :)





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  • meridiani.planum
    05-09 11:33 PM
    With the possiblity of the annual spillover coming up soon, wanted a quick poll to see the upcoming PD distribution within the IV community. EB2-India and waiting for adjudication only please (we can start another one for EB3-I & ROW)





    peer123
    12-04 03:29 PM
    Hi all,
    I am trying to use an existing labor from my company which has oct 2001 priority date. To date I have nine years experience and I have passed out in 1997.

    I started working in Aug 1996 and continued my studies and finished it by mid 1997.

    Labor cert is EB2 has requirement as master degree with 3 yrs exp or bachelors and 5 years exp.

    If consider at the time of application experience then I meet all the job/tech area and experience (nearly 95%). My question is should by current experience be considered then I am over 9 years nearly 10 years exp.

    What experience will be considered when labor cert is transfered? If it is my current experience because the labor is getting switched to me now or if it’s my experience at the time of the application was applied. How strict is INS to match each and every criterion in swapping a labor.

    My other question is how strick is INS on the term mentioned in requirements. If the applicant transfering the labor matches in all aspects almost 100%, and in required experience one is short by one 3 months or less would INS still consider all other aspects and can OK it.





    tnite
    09-24 10:11 PM
    All TriState (NY/NJ/CT) members please join us on Sep 27th, 9 pm for the " No Obligation "Conference Call.
    This discussion is about future social events, mobilization plans and other relevant issues from the tri state area.
    When you sign in, please announce your name so that we know who's attending the tele conference.
    Telephone:16054756006
    bridge: ??????

    For more information go to

    http://groups.yahoo.com/group/immigrationvoiceny/



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