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  • ivoiceuser
    02-11 05:47 PM
    Hello,

    Here is my situation :

    1) Labor filed in EB3 in June 2004. The labor was filed in non-PERM and approved. I-140 was filed in Aug 2007 and it is approved in Dec 2008 with Priority date of June 2004

    2) Labor filed in EB3 with same company in May 2006 through PERM. Got approved in 2 months and I-140 applied and approved within 12 months in April 2007. Priority date is May 2006. Applied for 485 in Aug 2007 and have EAD/AP based on it.

    I am no longer with the company (quit after 180 days after 485 was applied) and am working for another company on H1B using AC21.

    Question is, can I port priority date for 485 processing from May 2006 to June 2004 in my case where I have changed employer. Note that by time June 2004 I-140 is approved, I am no longer with that company.

    Regards,
    ivoiceuser




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  • annasttasiaaa
    08-26 09:38 AM
    My H1B expires in September and was filed under a different company name, but they are a successor in interest. so we were planning on amending the H1B when we file to extend. The problem now is - the beneficiary is in a new position AND as of September 1, 2009 the company has changed addresses.

    A) In filling out the I-129 in Part 2, questions 2 and 5, what are the appropriate boxes to check?

    I am afraid if we amend the current application, it won't also be extended and he will fall out of status.
    part 2 Q 2asks " basic for classification" such as
    1- new employment
    2-continuance of previous approved employment
    3-change in previously approved employment
    4-new concurrent employment
    5-change of employer
    6- amended petition

    B) Also, what documents, other than what we have, should be included in the filing?

    We will file a new LCA with all updated information once we receive a certification of the current LCA and then withdraw it.




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  • krishmunn
    04-14 12:09 PM
    Has anyone traveled to India by Virgin Atlantic connecting to Jet Airways at London ?

    The ticket is from Virgin Atlantic (through ticket, Jet is their Code Share) .

    For baggage rules, Virgin website says --
    "Any passengers travelling from India to the USA, (and vice-versa), with Virgin Atlantic for their entire journey, which involves a connecting flight via London Heathrow, will be entitled to an additional bag up to 23kg ."

    I sent them an email before ticketing and they replied I am entitled to two piece.

    When I contacted them after ticketing , they say I am entitled to one piece. Logic was London - Mumbai is by Jet Airways (but my argument is the ticket shows VS flight number).

    Does any one have any experience ?




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  • aj130346
    01-06 11:02 PM
    Bottomline - if you are considering converting your LC case from TR to RIR, then your employer must send an email to DOL by Jan 20th and complete recrutiment process by April 1 ( or else case will be closed without recourse to appeal).

    for details
    http://www.foreignlaborcert.doleta.gov/pdf/backlog_faqs_12-22-06.pdf



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  • Blog Feeds
    02-16 12:20 PM
    Daily Kos reports on a hearing in Kansas regarding repealing a law that allows all residents to seek in state tuition at the state's universities. Really, there's no need to even comment on this - it's obviously appalling and should make people in Kansas immediately donate money to whoever is running against this guy. REP. O�BRIEN: My son who�s a Kansas resident, born here, raised here, didn�t qualify for any financial aid. Yet this girl was going to get financial aid. My son was kinda upset about it because he works and pays for his own schooling and his books...

    More... (http://blogs.ilw.com/gregsiskind/2011/02/what-were-dealing-with.html)




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  • raysaikat
    08-30 11:40 PM
    If the H1-B came with I-94 attached to the I797 form, then your status would be H1-B from the day written on the I-94 form. From that day, you cannot work with the employer A without filing another H1-B with employer A.



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  • countdrak
    03-31 05:28 PM
    My cousin from India has a BCOM degree and he is filing for a H1 B visa.

    He just heard from his lawyer 2 days ago that his credit evaluation was needed and he had to get experience letters for atleast 3 years of work ex.

    He gave it to his lawyer and now they tell him that they will submit his application without the evaluation! They said that once an inquiry comes if it even does then we will submit the evaluation.

    Is that ok??? or should he be submitting the evaluation with the application. I am concerned but I guess it too late now.

    Thanks for the help.




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  • martinvisalaw
    09-18 02:18 PM
    The consulate cannot approve you for permanent residence if there are no visa numbers available. Priority dates apply whether you do AOS or CP.



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  • Blog Feeds
    11-12 04:10 PM
    Immigration Lawyers Blog Has Just Posted the Following:
    On October 30, 2009, the USCIS announced that 53,800 of 65,000 regular cap petitions have been received. In addition, approximately 20,000 U.S. Master's or higher petitions (i.e. advanced degree petitions) have been received. Any advanced degree petitions received from here...

    On October 30, 2009, the USCIS announced that 53,800 of 65,000 regular cap petitions have been received. In addition, approximately 20,000 U.S. Master's or higher petitions (i.e. advanced degree petitions) have been received. Any advanced degree petitions received from here on out will count toward the regular cap of 65,000. The USCIS is still accepting petitions at this time, but it is advised that any H-1B petitions be filed as soon as possible as the USCIS could announce that the cap is closed at any time.



    More... (http://www.immigrationlawyersblog.com/2009/11/h1b_cap_count_updated.html)




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  • scamp
    08-26 05:26 PM
    Pls Help anyone???:confused:



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  • AgentM
    08-03 06:14 PM
    Hi,
    I filed my I-485 application with vermont and I live in WA, according to the instruction form , I765 should be sent to Nebraska

    1. Where should I send the paper filing for EAD ot Nebraska or Vermont.
    2. Should I make the check payable to USCIS or Department of Homeland security.

    Pls help.
    thank you.




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  • greencard_aspirant
    04-01 07:17 PM
    Can someone please reply? I really appreciate any help..thanks.



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  • BrickWall
    03-13 01:19 PM
    I know many friends of mine, who has done B.E and MS from diferent background (like Mechanical, Electronics etc) and were still able to get the LC approved from a software company since they were working there. There should not be any issue with it.




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  • Blog Feeds
    03-08 08:10 PM
    The USCIS has issued guidelines for petitioners filing cap-subject H-1B petitions for Fiscal year 2011. The guidance explains what that cap is, what petitions are subject to the cap, filing fees, where to file, etc. See here (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=4b7cdd1d5fd37210VgnVCM100000082ca60aRCR D&vgnextchannel=73566811264a3210VgnVCM100000b92ca60a RCRD).




    https://blogger.googleusercontent.com/tracker/2893395975825897727-5631123373534850790?l=martinvisalaw.blogspot.com


    More... (http://martinvisalaw.blogspot.com/2010/03/cis-issues-guidance-on-h-1b-filings-for.html)



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  • mamsie1
    07-14 02:55 PM
    I have an H1B approval from USCIS, and I am trying to go to Canada for the initial visa stamping. But then i have a problem. I initially entered the country as a visitor, and married a citizen, but only after my I-94 had expired for about a week. (My petition is still pending. The company I am working for could not wait for my greencard, since its already been years since I started that process, so they went ahead and applied for the H1B visa for me). I heard that it is a problem to do the visa stamping in Canada if you have been out of status before. Is it advisable to go to Canada for the visa stamping?:confused:




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  • nmdial
    06-22 12:51 PM
    Dear All:
    I am trying to add my wife (H-4 dependent) to my bank account. The bank (a credit union in PA) has asked me to fill in and submit a W-8BEN among other documents. Please shed some light on this. Your help is much appreciated.



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  • theshiningsun
    02-06 10:15 AM
    hi attorneys,

    if the LCA for H1 extn is approved, approx. how long does it take for the H1 extn petition to be approved?

    thx in advance.




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  • Blog Feeds
    07-31 06:40 AM
    ABC News is reporting this month on illegal immigration in its "Out of the Shadows" series of reports. They're meeting different undocumented individuals to find out what brought them to America and why they entered illegally or fell out of status. One extraordinary story told is that of the Cho family from Korea. The father was a green card holder but called the many years of separation from his wife and children "torture". He helped them cross the border illegally from Canada. The family eventually all became legal under the now expired 245(i) law. The young son Simon Cho grew...

    More... (http://blogs.ilw.com/gregsiskind/2010/07/immigrant-of-the-day-simon-cho-olympic-speed-skater.html)




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    01-19 06:51 AM
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    madelinew20
    01-05 05:44 PM
    Hi, I am a U.S. Citizen, and my husband is not. I would like to apply for unemployment benefits, but I am worried that it may affect his immigration process. We will soon apply for his green card with the help of a cosponsor. I wanted to make sure that he would not be affected at all by me claiming unemployment benefits. I figure that it wouldn't affect him because of the fact that we will be using a cosponsor, but I didn't want to risk it.




    Blog Feeds
    09-11 12:00 PM
    The Migration Policy Institute has released a report outlining the impact of the global downturn on the movement of immigrants. Key findings include the following: � The recession has dampened the movement of economic migrants to the major immigrant-receiving regions of the world. And, counter to some widely held public perceptions, immigrants overwhelmingly are choosing to stay put in their adopted countries rather than return home despite higher unemployment and lack of jobs. � While the overall picture is one of sharp remittance decline, some regions are experiencing remittance increases or are holding steady. Though remittances have dropped globally amid...

    More... (http://blogs.ilw.com/gregsiskind/2009/09/mpi-recession-impacting-global-migration-patterns.html)



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