Friday, June 10, 2011

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  • dealsnet
    07-27 02:03 PM
    Since you are in tight spot, you need to consult good and experienced lawyers.
    Do not go to an ordinary lawyer for this.
    Consult good lawyers such as SHUSTERMAN Immigration Attorneys, Consultation with an Immigration Lawyer, IMMIGRATION TO THE UNITED STATES: THE ESSENTIAL GUIDE, U.S. Immigration. Written by a Former INS Trial Attorney (1976-82) with Over 30 Years of Immigration Law Experience. Law Offices of (http://shusterman.com), Murthy, Khanna, Ron Gotcher Welcome to the Immigration Information (ImmInfo) main page. (http://imminfo.com/)



    You are in a pretty tight spot my friend. I think a lawyer is the best person to answer these questions since you are walking a very fine line here. I dont want you to rely on advice on this forum and then later find out that you were out of status and that triggers another set of challenges to deal with later. So consult a lawyer and see if he/she feels that you can stay back in US pending H1 approval. Else I would advice moving out for 1 Yr and starting things on clean slate.





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  • agt
    05-23 08:12 PM
    Thanks for your reply.





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  • gc_on_demand
    08-06 03:05 PM
    Are there public benefits that aliens can legally receive without worrying that they will be considered a public charge?

    A: Yes. Not all publicly funded benefits will be considered in deciding whether someone is or is likely to become a public charge. The focus of the public charge definition is on cash benefits for income maintenance and institutionalization for long-term care at government expense. Examples of benefits that will not be considered for public charge purposes include:

    Medicaid and other health insurance and health services (including public assistance for immunizations and for testing and treatment of symptoms of communicable diseases; use of health clinics, prenatal care, etc.), other support for institutionalization for long-term care, Children�s Health Insurance Program (CHIP), Nutrition programs including Food Stamps, the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), the National School Lunch and Breakfast programs, and other supplementary and emergency food assistance programs:

    Housing assistance
    Child care services
    Energy assistance, such as the Low Income Home Energy Assistance Program (LIHEAP)
    Emergency disaster relief
    Foster care and adoption assistance
    Educational assistance, including benefits under the Head Start Act and aid for elementary, secondary, or higher education
    Job training programs
    In-kind, community-based programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter).


    Are health care benefits and enrollment in health insurance programs like Medicaid and CHIP considered for public charge purposes?

    A: No, not unless an alien is primarily dependent on the government for subsistence as demonstrated by institutionalization for long-term care at government expense. In particular, USCIS and the State Department will not consider participation in Medicaid, CHIP, or similar state-funded programs, for public charge purposes. This approach will help to safeguard public health while still allowing USCIS and the State Department to identify people who are primarily dependent on the government for subsistence by looking to the receipt of public cash assistance for income maintenance. In addition, short-term institutionalization for rehabilitation will not be considered for public charge purposes.

    Point is should he put YES or NO in I 485. If he does put YES I am sure in given environment he will get RFE for his wife.

    I just want to see if some has same or simillar situation..





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  • royus77
    05-02 11:41 AM
    I am in the same boat .I found a new job after my employer fired me ( Still in 1 month notice period) . Later he found another position and asking me to continue. He may not give me the 1 140 if i leave him



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  • karanp25
    07-13 08:01 PM
    ski_dude12, u r just inviting trouble for urself by not keeping uscis in the loop. I assume u lost ur night's sleep looking for the valid source of my earlier comment? keep looking.

    I will continue shooting "off my hips" .... i think i may have missed it this time...

    Are you sure about that? Can you give your source that says

    "You have to inform them of every small move even after citizenship is approved".

    If you can support your post by citing a valid source then its fine, otherwise stop shooting off your hips please.





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  • redcard
    03-03 01:42 PM
    USCIS has withdrawn the 180 name check pending policy for name check.


    http://www.immigration-law.com/



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  • chanukya
    02-20 10:50 PM
    Yes it is positive --At-least senators are sticking to their timetable of CIR by March and April.

    I guess that is the reason IV is asking for stories by Wednesday noon, This hearing is also on the same day.


    Is this something positive, that can give us some hope? There hasn't been any good news for a long time.





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  • martinvisalaw
    07-28 11:02 AM
    I still have 2 weeks before I leave for my trip, now is it advisable to apply for another AP this week and wait for it to come? Will that application make my current AP invalid?

    From what I understand, you need to be here in the US while you apply for your AP, but can travel on your older AP while this one is still in process. Is this correct?

    Is there a chance for AP denial, and how does that affect the chance of an AP extension in Future?

    You cannot enter the US on Advance Parole (AP) unless you had that specific AP when you left. So you cannot apply for AP now, leave the US, have someone send the approved AP to you in India, and use that AP to return to the US next year..

    There is always a slight chance that the AP will be denied. However that should not affect your chances of getting a new AP in the future.



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  • shivarajan
    08-14 08:14 PM
    USCIS is considering to "permit pre-filing of I-485 applications upon approval of I-140 petitions for preadjudication of the I-485 applications pending immigrant visa number availability."


    News From The Oh Law Firm Site: Link (http://www.immigration-law.com/Canada.html)

    Possible good news for folks who missed 07' July Fiasco and still waiting to file I-485





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  • bheemi
    07-05 03:30 PM
    dont worry about it all.Because i did same thing exactly like you..And i got h1b ext twice after that and got h1b stamped twice and travelled out of the country 3 times after that..nobody questions about it all..

    They only see whether you are out of status more than 180 days..it is legal also to work for 2 employers with 2 petetions..so dont worry about it at all...



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  • ola
    06-13 01:33 PM
    Memphis, TN





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  • ivar
    04-28 05:27 PM
    my 140 was approved a week and a half back ..and i asked my attorney ..if my date was successfully ported..and he is refusing to divulge the information and telling me to contact my company..

    1.) i know 140 is a employers prerogative and all that jazz..but should i not get a copy..or at least some basic information?

    2.) Am i wrong is even asking for that information?


    Pointlesswait,

    Is I-140 approval and date porting done concurrently? my attorney told me that old priority date can be ported only when new I-140 is approved, we have to file an application to port date seperately. Correct me if i am wrong OR my attorney is just trying to drag it longer.

    Thanks.



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  • NeedMiracles
    09-14 04:38 PM
    Details in my signature..





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  • chalamurariusa
    04-28 10:08 AM
    Sorry to be posting on this thread I am new to this and I genuinely tried to look to post a new thread but in vain.
    We applied for our GC in aug 2007. Recd a RFE for I 693 Skin test for TB on april 16th 2009. We still hv to reply to the RFE.My elder son is over 21 and is on AOS and today on the online status we saw a message.

    Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Document mailed to applicant.

    On April 22, 2009 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.

    He too had recd the RFE for TB skin test. We are really worried as to what cld this mean. Has anyone ever recd a message like this. Please someone advise as to what it cld be



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  • santosh19
    01-23 02:07 PM
    When you are switching employer with AC21 using H1B you can get a transfer to the new company for 3 years and get extensions from the new employer when that 3 year expires. So no worries... Enjoy

    If your H1-B extensions are based off your I-140 and if you make the transfer to new company and for some reason the old employer revokes your I-140. I have no idea what implications would it have on your H1-B extensions ???:(





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  • ireddy
    07-18 10:31 AM
    Most of my friends (self filing) sent in their applications to reach service center by July 2, haven't received the applications back. According to the USCIS memo yesterday, the last paragraph clearly indicates that the filings received earlier will be accepted and processed... Please see portion of that note below

    "USCIS�s announcement today allows anyone who was eligible to apply under Visa Bulletin No. 107 a full month�s time to do so. Applications already properly filed with USCIS will also be accepted."



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  • chantu
    02-29 02:18 PM
    Well my employer applied for 140 on "some secret date", that he will not tell us :). So I don't know when he filed. I was under impression that he filed long time back almost a year back and it is approved. Suddenly, I received RFE at my home mail (I was surprised as well my employer..that how it arrived to my address) and I found that my I140 is in limbo state. But blessing in disguise was that now I have my I140 number and A# and I can track it online.

    I don't know when exactly he filed my labor too. He just gave me one page to sign on labor. so I don't know any details of that too.





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  • beautifulMind
    05-01 11:59 AM
    I was on I-485 status on my EB3 application working on EAD. My I140 for Eb2 application got approved today while also requesting porting of priority date.

    I believe USCIS would have automatically switched the 485 application to use the new EB2 I-140 instead of old EB3-I140

    Now my question I am ready to renew my EAD. I wanted if there will be any problem with my EAD application since it is now transfered to an Eb2 position.

    My pririty date is still not current....





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  • GCAmigo
    04-30 02:05 PM
    reality 'bites'.. I said 'drowned' .. so there is no 'saving' from 'drowning' in this case.. what you mentioned applies to people who are still afloat clinging on for dear life..

    P.S. just continuing the thread for fun.. no offence meant.. you are welcome to ignore my comment..





    wandmaker
    11-12 10:59 AM
    Is anyone in the similar situation of not receiving the receipts even after check has cashed way back.

    My checks cashed on 10/2, I was able to get the receipt numbers from back of the check. Lawyer/myself did not receive any physical notice. I opened a SR last week and waiting.... :(





    jayleno
    01-08 02:40 PM
    One more new option. As a successful business person, why not go for the investor visa EB5?
    By the way what kind of business is it? Sorry...I guess its none of my business...or I should mind my own business instead of giving lame suggestions.

    Hi, this is my situation:

    - I have L2 Visa, because my husband has L1B Visa. This year, the visa expires and we have 3 new options: extension for L1 and L2 Visa, H1 and H4Visa or Green Card.
    - In the other hand, I have my own business. I have and EAD (work permit) and SSN.

    Questions:
    1. Which of the 3 options do you recommend us to get? Why?
    2. I understand that under H4, I am not able to get a work permit. Do I need a work permit to continue doing business by myself? Or it is required even to run my business?

    Thanks
    Jime



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