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  • tharu
    06-29 11:09 PM
    Mr Sauer:

    Thank you so much for your response. Need a litle clarification on I-824. Can I file I-824 before my I-485 gets approved? If so, how can i request alternate chargeability to my spouse's country with out her I-485?
    If not what is the best way to claim alterate chargeability to my Spouse country of birth. Gues I have to bring bring my family on H4 and submit I-485 in US or switch to consular processsing. Is there any other possible way other than these 2 procedures?

    Regards





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  • number30
    05-16 08:06 PM
    Hi I'm a Moroccan citizen I was placed in removal proceedings (NY Buffalo) and took voluntary departure. once my wife's divorce was finalized we got married while on voluntary departure. we filed motion to reopen the case and it was reopened and transferred to Los Angeles, CA then the judge closed my case based on marriage with an I130 receipt without prejudice. The I130 was filed on june 2009 and was transferred to Los Angeles on November 12, 2009. I made an appointment with Info Pass but they just said you have to wait untill we call you. My lawyer said I can't file for the I485 untill the I130 is approved. My question is: How long will it take before we will be called for an interview?
    An estimation will be much appreciated thank you very much.

    I cannot give you any estimation But my question is why can't you file I-485. Any one who pending marriage based I-130 should be able to file I-485. Double check this with another attorney.





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  • pappu
    06-03 10:49 PM
    get a zebra.

    No wait. Tell your friend to get a zebra.

    :d





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  • Abhishika
    12-14 07:46 AM
    Administrators?

    Why this is not coming in the front page?

    Is this posting wrong?

    Thank You....



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  • Blog Feeds
    05-30 12:30 PM
    Silicon Valley Immigration Lawyer Blog Has Just Posted the Following:
    An earlier blog post "Silicon Valley Employers Need to Prepare for Surprise USCIS Visits" (http://www.siliconvalleyimmigrationlawyer.com/2009/10/silicon-valley-employers-need.html#more) described the "new normal" of USCIS employees or contractors showing up unexpectedly and inquiring about past visa petitions and foreign national workers. A recently held Department of Homeland Security program, titled, "2009 Government and Employers: Working Together to Ensure a Legal Workforce" sheds more light onto the types of visits being conducted.

    Ronald Atkinson, Chief of Staff of USCIS' Fraud Detection and National Security (FDNS) (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=0353f8e5492ec110VgnVCM1000004718190aRCR D&vgnextchannel=2af29c7755cb9010VgnVCM10000045f3d6a1 RCRD) office, explained the three types of site visits that are currently being conducted:


    Risk Assessment Program fraud study. Applicable to any type of benefit program, including family and employment-based visas, this study is part of a joint program between USCIS and ICE (Immigration Customs and Enforcement). Applications and petitions are chosen at random, usually on a post-approval basis, for visits to help in designing profiles of potential fraud.


    Targeted site visits. These visits take place where fraud is suspected, and consist of a visit to ask questions. Advance notice, including notice to counsel, is supposed to be provided.


    Administrative site visits. These relate to religious worker and H-1B petitions (http://www.geelaw.com/lawyer-attorney-1054805.html). They generally are conducted by contractors who know nothing of immigration law. Religious worker visits are performed under the regulations for that category. For H-1B site visits, the contractors have been equipped with a set of specific questions, and all employers/beneficiaries should be asked pretty much the same questions, primarily reaching the issues of whether there's really an employer there, whether the employer knows it filed the petition, and whether the beneficiary is doing the work and receiving the wage indicated on the petition. H-1B visits are done on a post-adjudication basis, and are randomly selected. Each employer should receive only one such visit, but may receive different visits for different sites.







    More... (http://www.siliconvalleyimmigrationlawyer.com/2009/11/why-uscis-might-be-at-your-doo.html)





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  • waitingGC
    01-10 02:35 PM
    The VBs normally come out on Fridays. So this month's VB will probably be on DOS's website this Friday. But I don't see any positive sign for EB movements. We will be lucky if EB2 and EB3 don't retrogress again, according to DOS's hint last month. To be realistic, there won't be any significant movement without any bills favoring immigration passed.



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  • kondur_007
    07-26 05:54 PM
    labor is indeed more than 1 year old. Are you completely sure about this rule since having an approved 140 gives you a 3 year extemsion

    Yes, unfortunately you are not eligible for I140 premium processing as you can extend your H1 beyond 6 yrs based on labor > 1yr old.

    USCIS opened this premium processing for a VERY narrow group of people: "who can not extend H1 visa beyond 6 yrs by any other means, who are currently on H1 status". However, due to this very narrow inclusion criteria, they have received a very few premium processing requests (as most people either have older labor or are in different status by now). And they LOVE money, so they will soon come up with broader premium processing, (probably in october or so when new fiscal year starts when they usually go in "hibernation")

    Hope it helps.





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  • rajeshalex
    07-31 08:06 PM
    can someone experienced pls respond.

    thank u:)



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  • skbPad
    10-16 04:08 PM
    Hi Guys,

    On July 2nd I have applied for my wife (EAD, AP, I485) and have waited for 3 months (October 1st) to hear that USCIS has rejected her application due to wrong fees (But we have sent them the correct fees)
    My Lawyer immediately sent back the application to USCIS saying that the Check we have sent is correct and it is before increasing the fees and we haven�t done any mistake.

    In the meantime on July 16th I got my 485 approved and got my GC. So now we were worried as my wife is already out of status and don�t know how long it will take now to get her receipts and how long she can stay.

    I have tried calling USCIS � Every time same answer -- you have to wait, you have to wait No records in the Database. Yesterday when I called, a Lady answered the phone and she said we need to wait 90 more days again as it is like a new Submission and it was a shock for me after hearing that.

    Can any body suggest me what to do in this kind of situation? Is there any body in the same situation?

    Thanks
    skb





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  • desi chala usa
    08-26 12:35 PM
    My PD is current since I filed the case, after waiting for almost 8 months I opened the S.R and got the letter back explaining...."We are actively working on your case, however your case under extended background check…blah..blah..blah…"



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  • velan
    04-30 10:35 AM
    Good find.





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  • India76
    03-01 09:21 PM
    :confused: Hello All,

    I am preparing documents to send to my parents for Visitors Visa.
    My Question: If lets say my parents go to the US Embassy sometime in March and if their visa get stamped for lets say for 2 months. When that 2 months time start? is it going to start from the day their visa got stamped or when they get I-94 card at US airport?

    Thanks for your advice in advance.



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  • pappu
    06-09 10:37 AM
    I am sure IV has thought about this...

    But just curious if there are any mainstream News channels or Media that is covering or publishing anything about the IV Advocacy event and IV's agenda?

    thx

    The aim of advocacy day was to meet lawmakers. It was not really for media publicity. It was not a rally. Infact we canceled the press event that we originally planned to focus on lawmaker meetings. There are already hundreds of articles in the media on Greencard backlogs published in the last 4 years. Articles will anyways be published when there is activity in DC on this issue. Reporters contact us every now and then for stories. The most important work we need to do is meet our lawmakers in person and get relief on Immigration. We believe we have been very successful in the task of meeting lawmakers and administration officials during the advocacy days. This will help us in the Immigration reform next year. We now need to continually work on reinforcing and advocating our changes until the bill comes on the floor. You will see lots of media articles on this issue when there is any discussion on relief in the months to come.





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  • milind70
    07-26 12:56 PM
    Hi,

    I submitted my 485/765/131 application in May this year and my 485 is pending. I received my EAD but I got an email from CRIS saying that there is an RFE on my AP. The RFE email was on July 13th but my lawyer still hasn't received the RFE. How long does it typically take to receive the RFE?

    Thanks.
    Takes some time for RFE to come to the lawyer around 2 weeks or so.RFE might be on photographs or colour visa copy so chill.



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  • reddy2cool
    09-12 11:10 AM
    Hello everyone,

    I have a question regarding filling the emp history on G325, I did part time jobs in my university(in the allowed 20 hours) do i need to mention this as well or its just the professional emp part ? The problem is i used to work on and off in my pt jobs which comes out with a lot of periods with breaks in between.





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  • andyvillapark
    08-19 07:43 PM
    Thanks very much dealsboy, really appreciate it.



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  • rameshraju11
    06-06 10:11 PM
    Thanks for your response. however I could not see anything USCIS online case status that they have sent an RFE





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  • digital2k
    08-04 01:03 AM
    *





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  • maalelsi
    10-14 09:18 AM
    I need help.My EAD has finally been approved and so has my I-140. I am now working for the petioning company but the pay checks are made out by a payroll company hired by petioning company to manage their staffs paychecks but their is no mention of the pertioning company on the paycheck I receive.. Can this be a problem if I should receive a RFE in the future for the still pending I-485 or eventually when I apply for citizenship?:confused:





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    04-09 05:28 AM
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    rangaswamy
    08-29 06:04 PM
    Best bet would be to talk to the Office of International Students in the university.
    go with OPT and then when thats almost over.. then you can switch to EAD.../find alternatives

    NO ssn tax on OPT ... which is a good advantage for you..

    A



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