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  • roseball
    04-03 04:30 PM
    Recently my I-140 petition for EB2 was denied on educational grounds . The employer opened an MTR/appeal.

    Is it possible to re-file the I-140 petition in EB3 using the same labor certification, while the first I-140 is pending appeal at AAO.

    Not while an appeal is pending. Even then, it depends on what the job and educational requirements were on the labor application. What was the reason for EB-2 I-140 denial?

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  • Jean123
    01-14 02:21 PM
    A friend of mine is a citizen from a non Visa-waiver country, married to an American. They've been married for two years and she is expected to receive her green card in a few months at the embassy of her country of origin where she still lives. Because of abuse issues, she wants to separate asap but is afraid he might retaliate by trying to prevent her from receiving her green card. Is that possible, or should she wait until she has the Green Card in her hands? Thanks!

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  • ssdtm
    06-24 10:10 PM
    Do we need to send the copy or the original of the Employment letter for filing 485?

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  • LegalIndianInUSA
    06-20 04:08 AM
    Thanks for the quick response.
    I couldnt find the form on the uscis website, which generally lists supplemental forms next to the main ones. Couldnt even find a link to this, so wasnt sure if my doc was doing the right thing or following some old procedure.

    One more question : I-693 has 4 copies (one for uscis, one for self, one for doc etc). Does it matter which copy goes to uscis (since they are basically the same, except for the text in the bottom which denotes the copy).
    Because I think my doc put his copy in the sealed envelope, and gave me a photocopy of that.
    Should I go back and have him redo the form (he has bad handwriting too, like most doctors)?


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  • GC_Applicant
    07-15 04:17 AM
    Found this interesting information on the shusterman.com.

    "The next day, Representative Tom Lantos (D-CA) introduced the "Health Improvement and Professionals Act of 2005" (H.R. 139). The bill proposes to "recapture" over 130,000 immigrant visas lost due to bureaucratic inertia during 2001, 2002, 2003 and 2004."

    Complete article can be found in:

    Any updates or insights into the above article....

    Contribution so far: $50.

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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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  • pappu
    06-15 05:39 PM
    The Conrad 30 J1 waiver program has been extended to September 09.
    I believe IV core has been actively pursuing the Conrad 30 Improvement act. Can core please update us regarding the chances of this legislation passing in September 09 ?

    Yes that is correct. IV core member Paskal has been leading this initiative from the front. He will provide an update. If you are part of the IV Physicians group, you may find more information from him.

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  • neeidd
    07-24 05:31 PM
    Thanks for sharing


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  • st4rguitar
    04-06 01:22 PM

    My Company applied PERM in Sept'07 at Chicago. Till now company hasn't heard back yet and now employer is planning to file one more PERM appl. through different Lawyer. Can we file one more application without hearing/know the first case status?

    Appreciate the reply.


    You cannot file a new PERM under the same position under the same company while the other one is still pending.
    The DOL states an "average" processing time of 90 days, which may be extended based on whether or not an audit or multiple audits are issued. We are however noticing the average processing time is about 4 months or so.

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  • fastergcwanted
    06-17 09:32 PM
    Anyone here??


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  • babo
    07-31 10:31 AM
    We recently filed I485 for my K1 wife and got a RFE explaining that the I693 she handed over at the port of entry never made it to CIS. I presume it was lost at some point.

    Because we already had the I693 on file due to her entry, we only filed I693A with our I485. However they never got the I693, so the RFE requests a new one from an approved Civil Surgeon.

    However.. my wife is lucky enough to have another sealed envelope from her overseas examination with (we believe) her I693 + Xray in it.

    Does anyone think I should chance sending this to USCIS ? Or would it be best to just pay for another examination and get a new I693?

    One thing that makes me question the wisdom of sending in the overseas package is that the envelope is huge - bigger than 11"x17" at least - so I'm not sure how well it would survive mailing and/or be accepted.

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  • sreenu530
    05-10 10:44 AM
    Hi all,

    My h1 extension was denied recently even after 140 was approved and I filed for MTR...and am waiting for the receipt number...i am in my 5th year on h1b...and i did nor apply for 485 yet..

    my employer/attorney also said i can be here for 180 days...

    can i change my status to F1 - study visa during this period.

    My h1b and i94 expired last month....april 13
    what are the other options....

    any leads will be helpful..



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  • nithinsurendran
    04-10 02:24 PM
    Thanks a lot for your prompt reply. I have not applied for 140 or 485 yet. Without applying for these there is no way we can apply for EAD right?

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  • learning01
    04-12 05:28 PM


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  • pnagar
    12-05 08:35 PM
    Guys, my details are:

    PD Apr'07 EB2
    I-140 Filed May'07, pending
    I-485 Filed Jul'07

    Please help me with:

    1) Assuming 140 is approved before changing the current job under AC21, what are the things the new firm has to file. Does the new firm have to file 140 again? I presume that labor and 485 stays intact..pl help folks.

    2) I will complete 6 mths of 485 filing in Jan-08. If 140 gets approved around Jan-Feb'08, is there any risk if I change my employer after that under Ac21. Does it hurt if the present firm withdraws 140 after approval?

    Sincere thanks in advance.


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  • neeshpal
    07-19 10:04 PM
    In my opinion, Yes


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  • Blog Feeds
    04-26 11:30 AM
    Immigration Visa Attorney Blog Has Just Posted the Following:
    http://www.immigrationvisaattorneyblog.com/Magnify%20Glass.jpgIn our blog of yesterday (http://www.immigrationvisaattorneyblog.com/2010/04/border-guards-will-finally-use.html), 1 April 2010, we mentioned the new screening procedures at US ports of entry (POE). Fong & Chun's clients travel a great deal, passing through Los Angeles and other immigration ports of entry. As lawyers to so many travelers, we try to provide accurate information about border issues. We have learned a little more about the new screening protocol.

    In the past, all citizens of certain countries believed to be supporters of terrorism would all be scrutinized indiscriminately. Cuba, Iran, Iraq, Pakistan, Saudi Arabia, Somalia, and Sudan are widely believed to have been on this list of soi-disant unfriendly countries. Citizens of other countries -- perceived as "friendly" to the USA -- would be subject to less scrutiny.

    The new POE screening procedures use intelligence-based threat assessments. This information will be applied to all persons arriving at a POE, including Americans. If border guards have intelligence that -- let's pretend for a moment -- a university-age male student from Africa might be trying to engage in dangerous activity, then the border guards would be on the lookout for university-age male students from Africa. In contrast, university-age male students from, say, Malaysia, M�xico, Moldova, Monaco, or Myanmar would not be subject to the same scrutiny.

    This new, intelligence-based approach makes the most of the information provided by US intelligence sources without painting everyone with an indiscriminately broad brush. --jcf

    More... (http://www.immigrationvisaattorneyblog.com/2010/04/all-travelers-subject-to-revie.html)

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  • sfxman
    05-09 02:30 PM

    Is your case number low?

    Mine should be current in december/january if it follows same trend as this year...

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  • karthik204
    03-30 03:46 PM

    05-01 12:55 PM
    Hello all,

    I received an RFE for employment verification. My ETA 750 list Occ Code as 15-1061 (Title - database Administrators). But in my new job I am working as .Net developer where I work with front end and back end development of their website. I work in C#, ASP.NET, java, Flash.

    My attorney asked me to find tasks matching with O*net description of Occ Code 15-1061 . None of them directly relate, but some or part relates. Am I in trouble because I no longer work in database development.

    In my new job I am working on H1-B


    04-13 12:47 PM
    Last year I sent both the ITIN form and 1040 to the ITIN address. Once the ITIN is processed, they will update your 1040 with the ITIN number and forward it to the respective department for processing. I got my refund back after 8 weeks. Since I am in Texas I didnt have to file for state taxes..So not sure about the state tax filing part....



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