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Tuesday, June 28, 2011

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  • johnick
    06-18 04:21 PM
    Hi everyone!

    I had a question about receiving updates in the mail and checking the case status online. This is for my Marriage-based GC interview at the San Francisco office. My service center is Missouri MSC.

    I had my interview for marriage based GC on May 27th. The interview was short and went very well. The IO said that everything was in order, though I needed to have my dr resend USCIS my medical reports again as the dr had missed some fields on the medical form. The IO said many dr's were missing some fields on the recently updated forms. The IO then gave me a form which said that I needed the medical examination resent and which also had the "Further review" box checked. The IO said I should get something in the mail within 10 days of USCIS getting the new medical report.

    I immediately went and had my dr resend the medical report with everything filled out. The USCIS acknowledged the receipt of the new fully filled medical form on June 2nd.

    It is June 18th today and I have not received anything in the mail yet. The online USCIS case tracker hasn't been updated in months and still shows my case as having been on the "Accepted on March 17th" stage, even though I've already done the finger printing and the interview. Calling the 1-800 number for status updates says the same thing, that I applied on March 17th and that a letter was mailed to me regarding finger printing.

    Do you know why I haven't gotten anything in the mail yet, or why the online status tracker hasn't updated at all? I wonder if this is a bad thing, a normal thing, or if the San Francisco field office [or the Missouri Process Center MSC] is taking longer than usual to send out mails after the interviews?

    Thanks!





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  • clockwork
    07-18 08:26 AM
    I believe so....if your LC is approved in August, then your PD is August. It is not qualified under July VB.

    Not True. PD is your labor filing date not approval date. I think, you should be able to apply if your PD falls on or before July 2007. Please consult with your attorney. They can check with USCIS through AILA liason. Thanks -





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  • aray
    05-28 08:58 AM
    Hello,

    Has anyone used ICE MILLER as their legal counsel (immigration attorneys)?

    I am planning to use AC-21 provisions to change jobs. My new employer is going to use ICE MILLER in Indianapolis to process my H1-B transfer.

    I was wondering if anyone could share his/her experience with their staff and general suggestions. I would like to use them for any RFEs or filing any AC-21related documents.

    Thanks in advance.

    Comments anyone???





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  • onefineday
    03-31 02:20 PM
    Even I am in the same boat... planning on a 3 week vacation to get the 1 year extension. Can you please update the thread with your case results? Did you take the vacation, and could you recapture it?

    Good luck!



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  • sra_scorpio
    12-15 11:43 PM
    Here is my situation and below are my question...

    Entry to US - 08/14/2005
    Petiton is valid till 06/17/2011 (and I have vacation time of 4 weeks).
    Labor applied on EB2 category on 09/23/2010
    EB2 labor Audit replied in June 2009.
    H1B extension based on pending labor applied on 12/03/2010.
    EB2 labor denied on -12/13/2010.


    Question??


    What will happen to my H1B extension? and what time it will get extended?or what action should we take?

    Do I need to re-appeal the labor that has been denied ,apply for H1B extension and wait to get clear the 7th year extension (thruogh premium? from June 2011 to June 2012).

    Can I apply for EB2 or EB3?(which would be best in my scenario, I think i still have time if 7th year H1B extension is approved).

    Can we apply EB2 even after we appeal previous labor which is also on EB2 category ? or do we have to withdraw old EB2 labor and then re-apply again on EB2?


    Please help me with the above questions and I really appreciate your help in this regard.





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  • ram06
    04-11 10:10 AM
    The substitute elimination rule is still under review and not in effect yet. The premium processing can be done with substitute labor, by attaching the original labor certification.



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  • roseball
    03-08 09:30 AM
    thanks for the update..I hope they pick up the H4...





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  • kothari_rupesh
    07-05 11:07 AM
    Can somebody mention how long it took to get AP approval at NSC ? I applied for AP at NSC on June 12th and I booked ticket for my wife for Aug 3rd, I was going to join her to India and booked my for October, I figured I would carry both the AP's and use it for coming back, now I am reading that AP has to be approved before she leaves or else it is no good. Can some body put their approval times at AP in recent times, so I can decide to change tickets accordingly ?



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  • die_exquisita
    07-07 04:42 AM
    Hello,
    Thanks for the reply!

    So the letter is just an employment continuation or verification letter and has nothing that states the spousal details or spouse's intention to accompany the H1 holder. I hope I got that right.

    Thanks again!





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  • immi2006
    05-24 09:28 AM
    Many desi companies apply for EB visas for folks still in India and have them work in India, till the CP stage..

    This is the new trend. Since GC is for a future employment, effective way to consume huge numbers !!!



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  • Blog Feeds
    02-10 08:50 PM
    Immigration Visa Attorney Blog Has Just Posted the Following:
    http://www.immigrationvisaattorneyblog.com/flag_CNMI.gifAll immigration law attorneys must deal with foreign countries, unique international legal issues, and some quaint interpretations of law. The lawyers at Los Angeles' Fong & Chun are no exception, and in fact, this recent change affects some of our clients who do business in or own businesses in the Commonwealth of the Northern Mariana Islands (CNMI).

    On 28 November 2008, "the United States" as defined for purposes of the Immigration & Nationality Act (INA) just got bigger, with the addition of the Commonwealth of the Northern Mariana Islands. Although there are probably wrinkles I have not yet read in the treaty, this essentially puts the CNMI on the same footing as Puerto Rico. Here's the cute part:

    Because the CNMI will become part of the "United States" as defined by �101(a)(38) of the INA, "residence or presence in the CNMI before 28 November 2009 shall NOT be considered residence or physical presence within the USA for INA purposes. Thus, on 29 November 2009, all persons physically present in the CNMI are considered "to be present in the United States without inspection, by operation of law."

    Will these PWIs (present without inspection) be eligible to adjust status? Unclear? Are they working "abroad" for purposes of L visas? Yes, as it turns out. One thing is clear: Legal Permanent Residents (so-called "green" card holders) who wish to base a naturalization application based on physical presence in the CNMI will NOT be able to do so for pre-29 November 2009 periods of time. Isn't this esoterica fun? --jcf





    More... (http://www.immigrationvisaattorneyblog.com/2010/02/the-usa-is-bigger.html)





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  • Ann Ruben
    08-13 08:16 PM
    You will not jeopardize your I-485 as long as job with company C is in same or similar occupation. Whether USCIS will grant an H-1 3 year extension based on a withdrawn/revoked I-140 is not certain. I outlined the reasons for this uncertainty in my response on the thread entitled "Facing Layoff---6 months left..."



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  • martinvisalaw
    12-22 12:03 PM
    You don't say when the change of status (COS) to H-1B took effect. I assume it was 10/1/09, if you were subject to the H-1B cap. If you have not worked for the H-1B employer, then you are unfortunately out of status now and any COS would probably be denied. If you have a valid H-4 visa, you could leave the US and re-enter showing the H-4 visa to return to H-4 status.





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  • desi3933
    01-14 12:02 PM
    My wife came to USA in 2002 on H4.She changed from H4 to H1 in 2004 Nov.Since then she worked continuously till now (Jan 2009).Now she's planning to take a break and change back to H4.If she wants to work again sometime in future maybe after a couple of years will she come under quota?Does she have to apply for a new H1 or can she work the remaining 2 yrs left on her H1?We missed the bus and could not apply for 485 in July.

    Thanks to any suggestions.

    >> Now she's planning to take a break and change back to H4.
    File for change of status to H4.

    >> If she wants to work again sometime in future maybe after a couple of years will she come under quota?
    Since she got H1 status first time in Nov 2004, she can have H1 transfer without quota only until Nov 2010. After that her H4-to-H1 will be subject to cap.


    __________________________
    Not a legal advice.
    US Citizen of Indian Origin



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  • Voetsjoeba
    08-17 12:44 PM
    :hurt:
    :book:





























    :P





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  • geevikram
    11-22 03:02 PM
    I would like to hear the response for the same.



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  • wandmaker
    11-21 08:11 AM
    The text is printed on your SSN card based on your visa status at the time of application. EAD is also a temporary status, this also requires a renewal. Hence, you would not be able to "remove" the text from your SSN card until your receive the GC.

    Hi, Sorry if this has been asked already.. I am on H1B and the primary applicant... Can I change my SSN to remove "Work with Authorization only" statement on SSN by using EAD?

    I am planning to stay on H1B and I dont want to invalidate H1B by doing this.

    Thanks in advance!





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  • britben14
    03-16 12:10 PM
    Thank you for your help. He does have a degree and is currently working in France. My question though is more what companies if any are sponsoring H1B Visas in the business management field. Thank you again!!





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  • sukhyani
    08-23 06:40 PM
    Hi !
    Our lawyer had posted our application on July 2nd and we had our fingerprinting scheduled for 21st august which was completed.

    I checked my status on the USCIS site for the very first time today. And it says. "On July 30, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case" . Can anyone kindly explain me what this means ( how July 30th and what mail are they talking about ?we never received any! ) ...

    Thanks..

    They are talking about your receipt notice.





    amaacnt27
    03-31 08:11 PM
    Hello,
    I am working with A on h1b and the visa expires on May 1st 2010.
    Recently I got another offer with B and they filed my h1b transfer (regular).
    The offer they gave me verbally is different from what's on the offer letter, when I contacted them there insist that they never "promised" , so I did not want to take that offer now.
    Can I now ask employer A to file the extension and continue working with A?. Will that create any issues if the transfer with B gets Approved/rejected?. or is there any alternate?. Please help.

    Thanks in advance.





    Soltan
    11-24 10:49 PM
    Thanks for your reply.
    In the scenario #2, do I need to go out of the country and get a valid I94? (cunsular processing) before I can start work?



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