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  • pasupuleti
    09-13 05:26 PM
    ImmigrationALERT

    published by Hammond Law Group, LLC

    SEPTEMBER 13, 2006



    OCTOBER VISA BULLETIN RELEASED-
    INDIAN EB2 NUMBERS NO LONGER UNAVAILABLE


    The Department of State has released the October Visa Bulletin today. The Bulletin offers some good news as the EB2 category for Indian Foreign Nationals no longer remains unavailable. Starting October 1, the current priority date for the Indian EB2 category will be June 15, 2002.

    This means that any Indian foreign national holding an approved labor certification or green card case with a priority date of June 15, 2002 or earlier, may file their I-485, adjustment of status petition starting October 1, 2006.

    The October Bulletin also showed minor movement, of on average a month or so, for the other remaining categories.

    Finally, the October Bulletin also confirmed that the retrogression of numbers for Schedule A workers � Physical Therapists and Registered Nurses would not occur in October. It is expected that the retrogression will happen in November.





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  • fromnaija
    02-10 10:49 AM
    Hi All:

    Question: I have a I-140 PD Sept 2005 - EB-3, And completed 4.5 years (6year end oin July 2008) on H1. I changed the job in Jan, 2007 and using the approved I-140- 3 year H1 Ext rule, I received my extention for 3 year until 2010. Now my new employer des not want to file for greencard for 1 year. meanwhile if my old employer withdraws my I-140 what would happen in this case, if I start my LC application in jan 2008.

    The question of what happens if your 140 is withdrawn by previous employer has not been answered, not by lawyers and certainly not by USCIS. It is a grey area. However, it has not been documented that USCIS will cancel an H1B extension that is based on an I-140 when the underlining 140 is withdrawn.
    You may want to ask your attorney this question.





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  • fide_champ
    02-15 01:22 PM
    Thanks to everyone who replied.





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  • anilsal
    11-22 10:04 AM
    have a US visa stamped and has not expired, they will not let you board a plane to UK.

    If you have GC, then there is no need for transit visa. If you are on AP, then you will need transit visa.

    I think in the 50s and 60s, an Indian passport holder could enter the UK based on holding a commonwealth passport. Wonder why that policy changed? ;)



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  • chantu
    02-04 11:20 AM
    Yes, I invited my parents and my wife invited her parents while we are in AOS status. Currently I am on AOS/H1B and my wife works on EAD. For her parents, we showed my wife as sponsor in I134. Both my parents and my wife's parents got the visa. They went separately.

    Folks,
    I'd like to know if any of you invited your parents while on AOS. Last time I invited my in-laws I had H1-B et al....now we are on AOS and my wife is sponsoring her parents. We are on AOS. I do not have a job currently so I can't get an EVL and my wife has and she is inviting and the I-134 is also from her...we have EADs valid till late 2010....she had her F1 valid till Oct 2009 but she is working on dependent EAD.

    So do you think there could be any potential problem.....Last time I had sponsored my in-laws but they were questioned a lot at the embassy....so now my wife will be sponsoring ...I hope there are no potential problems.

    Path 2 USA do not mention anything special for EADs/AOS et al....

    Thanks,

    SoP





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  • shana04
    02-05 08:32 PM
    My H1 extension expires on March 08, Have EAD, Work for the same employer who sponsered my GC.

    Does my employer has to apply for my H1 extension ? Should I use EAD to work with my same employer (what paper work I have to do ?).

    Hypothical question, If I use EAD to work, lets say there is a delay in getting my EAD renewed even though I apply 120 days in advance, should I stop working and start working only after I get my new EAD ??

    Some may find these as irrelvant thoughts/questions, but we are in this limbo state and it is better to know.

    Thanks.


    Always advicible to use H1B renewal and H1B transfer, recommend not to use EAD.

    If you plan to change employer and what if he revokes your I 140. so better to renew.

    And what if you plan to renew EAD and it gets delayed ( you can go for interim) so why take risk.

    Good luck



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  • seeking_GC
    02-23 01:29 PM
    Does anyone else have a problem clicking the last forum topic on the left side. I am using IE7 and never have a hyperlink to click on for that one topic only.
    -a
    Yes I am using IE7 and I have the same issue. Even for the 2nd last topic I have to really scroll my mouse all over so I can find the hyperlink.





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  • jungalee43
    02-17 08:36 PM
    Sent you a PM



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  • ivar
    02-17 09:26 PM
    PD: October 2, 2002
    Country: India
    First Labor: EB3 (approved in May 2006)
    First I-140 approved: July 2006
    Second Labor: EB2 (filed in June 2007 and approved in December 07)
    Second I-140: Filed in January 2008 requesting retention of priority date
    I-485: Filed in April 2008
    Second I-140 approved in August 2008 with incorrect priority date
    Contacted AILA in December 2008 because priority date was incorrect on second approved I-140.
    USCIS email on February 9.

    Dear Virgina Desi,

    Congratulations, enjoy your card and stay in US. All the best for future.

    I have a small question,

    My Case: I applied earlier PERM was approved in NOV 06, applied for 140 and than changed employer so everything was wasted. After joining new employer again filed PERM in JUN/JUL 07 got audited, rejected and than filed for apeal. In the mean time got my OLD I-140 approved. Now its more than 10 month after my PERM appeal so waiting to withdraw this PERM to file a new one.

    Question: I am aware i can retain the old priority date but my lawyer says first i need to get my PERM approved which i totally agree, than he says i need to get I-140 approved and than he will file for portability of date. I told him that you can file for I-140 and port the date together he says NO. Please clarify?

    Thanks,
    R.





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  • godbless
    05-31 07:46 PM
    I'm surprised that with a November 2001 PD that you are getting an interview already, since EB-3 is still retrogressed--EB3 world is only at July 1 2001 for June 2006

    The PD fot EB3 is April 07 2001 I think. Anyway.... there should not be a cause for concern. The reason you got an AOS interview is that USCIS is adjudicating cases pending Visa availability. If there had been a concern then there would have been another RFE on it. You should be happy that some progress has taken place.

    Cheers!!!!!!



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  • Nikith77
    04-09 11:52 AM
    congrats, You got green. it was a long wait. I am happy for you.





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  • number30
    07-23 12:20 AM
    MurthyDotCom : Effect of Travel While in H1B/L-1 Status with Pending I-485 (http://www.murthy.com/news/n_efftrv.html)
    MurthyDotCom : Effect of Travel While in H1B/L-1 Status with Pending I-485 (http://www.murthy.com/news/n_efftrv.html)



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  • lskreddy
    03-12 07:19 PM
    Thanks.

    What would one need to capture time outside? Luckily in my case, all I need to show is probably about a week's worth of time outside US to apply. Isn't that correct?

    I have a sub-case going with someone else and have EAD but my primary employer's labor is going to be just 361 days when my H1 expires. If my I140 get s cleared for the sub-case, of course all of this is moot.

    Thanks again for your reply,.





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  • jasmin45
    06-06 09:35 AM
    This is what I got from the below link

    http://www.tradingmarkets.com/.site/...0News/2359471/

    Chairman of the Asian Pacific American Caucus, Rep. Michael Honda, will hold a press conference on Thursday, June 4, at 12:00 p.m. on Cannon Terrace, or in case of rain Cannon House Office Building Room 441, to present key components of a comprehensive immigration package, in preparation for President Obama's reform agenda. Joining the Congressman will be other Members of Congress and supporting advocacy organizations. Rep Honda will discuss his Reuniting Families Act, to be introduced in Congress this week, and the need to reform America's family-based immigration system to end lengthy separations of loved ones, promote family stability and foster the economic growth that immigrant families have provided throughout our history.

    Provisions related to Employment based Greencards:
    *Recaptures unused family-based and employment-based visas previously allocated by Congress which remain unused.

    * Increases the per country limits of family and employment-based visas from 7% to 10%: Right now, each country only has a 7% share of the total cap of visas that Congress allocates each year. Increasing each country's percentage of visas would eliminate the absurdly long wait times for individuals to immigrant from certain countries like the Philippines, China, and India.

    This bill is similar to S 1085 introduced in the Senate with regard to employment-based visa provsions - basically recapture and increase per country limits from 7 to 10%

    This report has been removed from that site.. :)



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  • ramus
    06-19 08:47 PM
    You can take photo any where you want as long as you meet their photo specs.
    If you have AAA membership try it... You will get it for free.


    will any agent take photos or is there any specified location

    thanks

    kumar





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  • JazzByTheBay
    08-21 11:35 AM
    1) Are there any issues traveling on AP under the following circumstances??
    - there's no current H1 stamp, although H1 extension for 3 years has been approved
    - AP is expiring within 2-3 days of planned return?
    - New AP is filed/pending, Receipt Notice received
    - Employer is a Fortune 500

    2) I've read previously that they ask you if you've changed employers since filing I-485. Anybody familiar with scenarios where employers have changed??

    3) Docs I need to carry, besides... :
    - H1 Approval notices?? (All of them since day 1?)
    - I-485 Receipt Notice
    - I-140 Approval Notice (do i need this?)
    - Current AP Approval Notice
    - Pending AP Receipt Notice
    - Paystub??
    - Letter from employer??? (do I need this?)



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  • funnymdguy
    11-16 02:57 PM
    same situation here, never received the EAD and the IO asks us to re apply with the new filing fee of 340$ even for the replacment EAD.

    Are you planning to reapply? did you find any way around it? You met the IO, so does it mean u took the infopass appointment for it or just showed up at the office?

    Actually, thats another question- do you know whether you can go to USCIS office without an infopass appointment and try to meet an IO?





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  • lost
    07-09 01:12 PM
    its a good option to move from eb3 to eb2. Jumping from 2001 to 2005 on VB!





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  • bharol
    06-16 12:57 PM
    I am a Citizen that is petitioning my husband of 5 years. We received a letter in March'08 to be present at an interview in Charlotte, NC. We gathered all of the required documentation to provide. Once there, and called in with the Immigration officer, we began our interview process. She was satisfied with all of the information, and tangible proof, we provided. She asked my husband for his passport in order to stamp his I-551 and that meant we were approved. Unfortunately, my husband's passport had been expired for some time and she could not stamp it. What do we do? He works and it will cause heartache and financial stress if he looses his job as the company has strict rules about what documentation you must present in order to remain employed. Please help. Since we have not received a letter from USCIS and the status is still pending, we are unsure of what we should do at this point. Any information you can provide will be greatly appreciated.

    Whose fault do you think it is?

    It is the hight of carelessness.
    Passport was expired when you went to consulate!
    I can't believe it.

    You deserved it.

    Now go get the passport renewed and get back in line.





    fromnaija
    12-31 08:24 PM
    Hi,

    I just got my 2nd 3 year extension (Nov 2006 to Nov 2009) on my H1B after completing six years.

    My PD is June 2005 and I-140 approved on July 2006. I am thinking of
    changing my job. I am puzzling about the following questions:

    1. Can I change the job and use my 3 year extension for the next job?
    2. Can I keep my PD of June 2005 if my current employer doesn't revoke
    my I-140 ?
    3. If I apply for GC again with new employer and get my I-140 approved , can
    I keep getting 3 year extensions on that job ?

    PLEASE HELP!.

    Thank you,

    Yes, yes and yes. Your questions have been answered many times over here.





    PlainSpeak
    02-23 10:54 AM
    Makes sense but a couple of my friends who traveled during the winter break and came back through ATL did not have an issue, so that was where I was coming from.

    As i said you may or may not have an issue. Makes common sense to carry documents if you do get asked. I had issues when i came through IAD in Apr 2009. Things may have improved during the interim. I know of friends of mine who had no issues on AP and i also know of a GC Holder who got stuck in immigration for 5 hours. I guess it just depends on what kind of person is the POE officer in the secondary inspection room



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