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  • sshekar
    08-19 08:22 AM
    As far as I know, the 5 year wait period was until a couple years ago when the family based GC was backlogged. I got married in 2004 and had to wait until 2008 to file for GC, when my husband got his citizenship. At that time, our attorney advised this as the best course, since the priority dates were about 5 years out.
    Filing for spouse falls under 2A of the family sponsored GC and currently the priority date for 2A India is 01 Jan 2010. In my estimation, you should get a GC within 12-18 mths.
    But then again, I am not an attorney - so please consult one to validate this information.
    Hope this helps.





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  • 485Question
    10-05 04:32 PM
    Interesting cartoons, they have a lot on immigration.





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  • sadshaq12
    11-06 01:13 PM
    Hi!
    any update on your RFE
    its look like NSC is sending RFE for old PD date
    mine PD is also 2001 and they ask for 2001 tax return and w2
    what did you submit in your rfe response





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  • pansworld
    11-28 03:51 PM
    For the URL. That helps. I have PM ed paskal.

    Cheers



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  • Blog Feeds
    12-22 02:30 PM
    Dallas-Fort Worth Immigration Lawyer Has Just Posted the Following:
    Effective January 4, 2010, the U.S. Department of Health and Human Services, Center for Disease Control and Prevention (HHS/CDC) is removing HIV from the list of communicable diseases of public health significance and references to HIV from the scope of medical examinations for foreign nationals.

    Until the rule goes into effect, non-citizens who are HIV-positive cannot be admitted into the U.S. unless the U.S. Department of Homeland Security (DHS) grants a waiver. Once the rule goes into effect on January 4, 2010, HIV infection will no longer be defined as a communicable disease of public health significance, immigrant visa applicants who are required to undergo a medical screening exam will no longer be tested for HIV, a waiver for entry into the U.S. will no longer be necessary, and HIV-positive visa applicants will not be found ineligible for visas under Section 212(a)(1)(A)(i) of the Immigration and Nationality Act (INA). Although foreign nationals with HIV who apply for visas will no longer be ineligible under INA Section 212(a)(1)(A)(i), they still must overcome the public charge under INA Section 212(a)(4) by demonstrating to the consular officers that they will have the means of support in the U.S. and that they will not need to seek public financial assistance. Please visit CDC’s Web site (http://www.cdc.gov/ncidod/dq/laws_regs/fed_reg/remove-hiv/final-rule-hiv.htm) for more information.





    More... (http://dfwimmigrationlaw.clarislaw.com/immigration-news/rule-change-on-cdc-list-of-communicable-diseases-of-public-health-significance.php)





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  • thebullspeaks
    03-06 11:06 PM
    http://www.isnamerica.org



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  • Robert Downey, Jr. (Iron Man



  • roseball
    10-24 10:19 AM
    Hi:

    Me and my husband left US on AP, which is valid until nxt year. We both were working on valid H1's until we left. We dont want to go for stamping and will use AP on our arrival at the POE. We havent applied for EAD when we left. Is it Ok for us to apply for EAD once we are back in US or is it ok to apply for H1's again once we r back. In both cases whether we go for h1 or EAD, can we start wroking rt a way or do we need approval first.

    Thanks.

    If you are planning to continue working for the same H1 employer when you return on AP, then you can start working immediately. If you intend to change employers, then either your new employer needs to file a H1 Change of Employer petition and you can start working once you get it approved OR you can apply EAD and start working when its approved.





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  • (Jeff Bridges) into Iron



  • apahilaj
    10-26 03:24 PM
    Is anyone in same BOAT?
    I got EAD cards at my new address, but no FP notice yet. Have I missed that or USCIS might not have sent it yet?
    How can i check, Can i check the status online for FP ?
    Is there any way ?

    Call USCIS and find out. As per my knowledge, USCIS does not update it online once they send out the FP notice.



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  • eilsoe
    10-07 12:27 PM
    Awww... but she still looks cuuuute... :)





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  • kumhyd2
    07-18 08:15 PM
    When checked on the USCIS site it shows the following for a reciept no which was sent by the attorney. The attorney seems to have e-filed a bunch of applications. Does the e-file reciept no sent belong to one person or a group of people filed by the attorny. If it for a group of people, how do you know if a particular persons application is in the bunch that is being recieved.

    Current Status: Case received and pending.

    On July 12, 2007, we received this I140 IMMIGRANT PETITION FOR ALIEN WORKER, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our TEXAS SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

    Is there anyway to know the name of the applicant based on the I-140 reciept?



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  • vskp
    12-28 03:14 PM
    Following is the situation:

    My H1 (6 years) expiring on 7th Mar'08 (have 35 days of vacation might be good till 11th Apr'08)
    Labour filed on 06/20/2007 , still awaiting..(so 365 days rule does not apply for 7th yr ext)
    Spouse was on H4, got H1 in Oct'2007 (no stamping done for H1).

    Falling short of 10 weeks to get the 365 days rule

    Options that I learnt for me getting 7th yr extension and staying in the country:

    Option1:
    Convert to H4 toward the end of H1 6 yrs expiry date till June 20th(to get the 365 days rule in effect)
    File for 7th year extension based on the 365 days rule
    Convert from H4 to H1 and start working.

    Option 2:

    Get Canada working visa (not sure how long it will take to get though) and work till June 20th there (to get the 365 days rule in effect)
    File for 7th year extension based on the 365 days rule
    Stamping in canada to return to USA.
    (I am hoping 7th year extension can be done while I am outside the country)

    Option 3:

    Go back to India for 3 months wait till June 20th,
    File for 7th year extension based on the 365 days rule
    Stamping in India to return to USA.
    (I am hoping 7th year extension can be done while I am outside the country)


    Option 4:

    Leave for India immediately and stay there for 10 weeks and recapture them along with 7th year extension(while I am in India )

    Can the gurus/experts please put in any issues I might be running into or if any of the option above are not at all feasible(may be I am ignorant)





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  • sri2007
    11-12 08:36 PM
    Thanks for gr8 help. Sri



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  • pranju
    08-15 08:16 PM
    nothing yet





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  • wanna_immigrate
    02-09 01:14 PM
    http://immigration.about.com/b/a/165661.htm


    "In a recent panel discussion at the Library of Congress, Bill Gates suggested to "get rid of the H-1B visa caps," finding the numerical limitation for technology workers "questionable," suggesting that "the theory behind the H-1B" (cap) is "too many smart people are coming" to temporarily work in this country."


    I wonder if the richest man in the world can understand and feel the pain about this why it is so hard for sen. and congress. Why corporations like microsoft is not stepping up.



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  • skakodker
    02-14 07:01 PM
    Thank you.

    Based on your response, my understanding is that so long as I am with my current employer, travel on H1 /H4 is fine. When she gets back, I can consider using my EAD to switch jobs.

    You mentioned "if you or your wife don't want to use EAD in the near future..." - to your knowledge, will there be a problem if I use my EAD during her trip to India?


    Thanks - Sunil





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  • sachuin23
    10-06 03:32 PM
    Hi RockStar,

    Thanks for quick reply.I was really helpful. I hope they do not create more problems :confused:



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  • smmri
    04-04 06:35 AM
    I have an old H1B visa with approval date December 19, 2000. I moved to US in Jan 2001 and spend only 2 months in USA in total. Stay outside USA from Mar 2001 until now.

    Can I apply for the remaining time against my initial six-year period of admission and will be exempted from the cap?





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  • kannan
    03-21 03:41 PM
    Today I had an Infopass Appointment at 10 am. The IO told me, my NC is pending that's why I did not get FP.He told me to wait till July (ie is one yr from the date of applying)then open SR.





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  • kunalmeh
    06-27 04:11 PM
    Please give us more details , don't mention color of the receipts(one is Visa appointment fees and second Visa issuance fee )

    as far I remember , the receipt used to get visa appointment should match with what you you submit at consulate. If you have lost it then u need to get another DD and book/if possible edit the appointment deatils

    But if you have lost Visa issuance fees , u don't have to modify ur appointment details but sure you need to get another DD

    my wife still needs to go for VISA, HDFC gives 2 receipts.. 1 which we have to submit(yellow), I have that .. .the other 1 that we have to show at the time of interview.. (pink) I have a copy of tht (stamped by HDFC)..





    GCeffect
    09-24 05:17 PM
    My 6th year of H1b is expiring in the Sep 26, 2008. I already applied for my H1b renewal and already got the receipt. I'm Eb3 - ROW.

    My and my wife also applied for our EAD renewal in jun 1, 2008 (Nabraska). didn't receive anything till now. My wife needs that to continue with her job, we already expedite the process last week.

    I also visited home couple of months and and entered Us using my AP.

    I have some question regarding all those issues:

    1) Can I get a business license when i'm working with the H1b and have the EAD?

    2) Does it going to have any effect on my green card process or H1b status?

    3) If i have the problem then can i open the business license under my wife's name as she will be in the EAD.

    4) My PD is May 2006. Any chance it will be current in next 6 months?

    Please give your feedbacks with your expertise guys. it's been very help for long time for me. Thanks ahead





    i4u
    01-11 09:54 AM
    Unless you are getting your mother-in-law to the US before you get your GC, it may become a factor but otherwise, it will have no issue

    -
    Disclaimer: I am no lawyer



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