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  • miguelajjam
    07-25 12:36 PM
    Have a similar one:

    1)For (c)(9) eligibility status only
    Please indicate whether your pending I-485 is family-based or employment-based.

    ...There are two options Family based and employement based.

    As I am on H1B I selected Employment based. But, What should I select for my wife H4... Is hers Employement based or Family Based?

    Please Advise soon...




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  • pa_arora
    09-05 01:30 PM
    Thankyou guys, appreciate your answers and help.




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  • jonty_11
    06-15 01:17 PM
    This from Immigration-law.com

    06/15/2007: July EB-2 and EB-3 Visa Numbers Open and Consular Processing

    The State Department states that they allocated a large number of EB-2 and EB-3 visas because of the USCIS I-140 and I-485 backlogs and because if the visa numbers are not used before the end of the fiscal years, some of them can be wasted. Assuming that the USCIS may continue their current processing times and backlogs in I-140 and I-485, the EB-2 and EB-3 may continue to remain current. However, it is just a speculation and risky to rely on such speculation when one handles his/her immigrant status.
    In time like this, the consular immigrant visa application is very risky for the two reasons. For instance, if the EB-2 or EB-3 numbers face a cut-off date again in August or September, unless their immigrant visa is "actually" issued and they enter the U.S. before the retrogression, they will be stuck abroad. For those who are currently residing in the U.S. and intend to apply for the immigrant visa through the consulates rather than adjustment of status through the USCIS, a similar risk will prevail, but unlike the those who are residing abroad, they will be able to extend the H-1B extension under AC 21 Act pending the visa number availability. In this regard, their risk is less but still high in that since they did not submit I-485, they will not be able to take advantage of obtaining EAD and Advancer Parole, not to mention AC 21 portability of the approved I-140 petition for change of employment. All in all, the consular immigrant visa application is not recommended when the future of the visa numbers remins unpredictable.




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  • morchu
    05-24 01:25 AM
    SSN is not really a requirement to start to work. So the answer to your question is NO, she dont need SSN to work on EAD.

    But in a practical scenario she need an SSN to work (see below reasons).

    SSN is required to pay/withhold taxes and probably for pre-employment background checks and all. So it is very unlikely that an employer will hire somebody without an SSN (or at-least applied for SSN).
    Does she need SSN to work on EAD?



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  • raysaikat
    04-27 09:08 PM
    Hi All,
    I have filed an extension for my parents B2 Visa. I have got extension approval but only got I-94 for father and did not find I-94 for mother. I did attach Supplement-I with my mother's details.

    I just happen to look at my application, I-539. I found that I checked the following:
    Members of my family are filing this application with me.
    The total number of people (including me) in the application is: 1

    Is it customary that I only receive I-94 for the principal applicant (in my case) and don't have to worry about?

    If not, please share your thoughts. Do I need to file seperate application for my mother at this point?



    Thank you all,

    Sri

    Each person needs to have his/her own I-94. It is an 1-1 mapping between I-94 and passport.




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  • regacct
    05-17 09:30 AM
    Took the survey, but what is the purpose of this?



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  • kirupa
    05-27 03:14 PM
    Added the second one up!




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  • glus
    03-27 07:47 AM
    Hi,

    I have a pretty simple question.

    A person decides to change employers, moving from company A to company B. It's been 180 days after 485 filing.

    Question: what does company B have to do to legally take this person on as full time employee? Is the process any different than taking any other american resident employee? The way I understand is it is not any different.

    Please advise,
    Thanks,
    Vlad

    Nothing. The employee must have EAD. That's all. Also, the employee should, but does not have to, ask for a letter with duties to be sent to USCIS to keep USCIS informed of the change.



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  • ashwaghoshk
    01-19 09:48 AM
    1. Yes it is true that nurses and physical therapists dont need to undergo any labour certification process. They can file the I140 directly. The only thing that they need to do before filing an I140 is that the hospital in which they are working will have to post an internal ad for 10 days. The ad will display the nurse wage and other details. Once you are done with displaying it for 10 days they can file the I140 directly.

    2. Nurse dont fall under H1B category. There is a specail category called T1 visa under which they fall. Since nurse degree is not at par with other graduation degrees like physical therapists they will not fall under H1. Irrespective of that, if the GC is filed for a nurse it will automatically go under the EB3 category.

    PTs and nurses had a special provision in 2005 and 2006 where they were getting green card on arrival. It is called a Schedule A category which gave 50k visas to these medical professionals few years back. At that time the requirement for nurse and PT was quite high and that's what caused the Bush administration to introduce those 50k visas. These visa exhausted soon and since Oct 2006 this category is also retrogressed.

    We dont know when the nurses and PTs will see the relief again; till then they continue to fall under the long EB3 queue.

    Hope that helps




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  • Dhundhun
    09-10 06:22 PM
    Folks,

    I got a RFE asking for a copy of birth certificate and bio info. I had sent my BC and bio info before while applying for 485 last august. I was hurrying up my lawyer to send the response as soon as possible.

    My lawyer emailed me that since there is a spelling difference in the way my name is shown in my BC and in all other docs, I will be subject to additional security checks and there is no point in hurrying. Is this true or is my lawyer using this as a delay tactic ?

    My name in my BC ends with .......iam and in all other docs ends with .....iyan. Should this cause a problem ?

    Please share your thoughts and help me.

    Lawyers can usually justfy some minor spelling mistakes and answer to RFE. Usually USCIS accepts BC name.

    Based on inputs from my lawyer, there is some delay if such descrepency is there - he said that he can reply to such RFE and apart from delay there is no other issue.



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  • h1bdude1
    03-25 10:03 PM
    Anybody Please Reply




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  • jamsumfarray
    10-27 10:38 AM
    Hi
    My gc was filled in nov 2002 from newjersey which has gone to the backlog center in philly....no news after my 45 day letter which i got in june ....
    1.I was wonderign if i could change my lawyer now ...and if i could change my gc processing from non rir to rir ?
    2.What the odds of changing from non rir to rir?
    3.And my gc is filled in eb2 catergory..
    4.if i need to change lawyer is it possible?as my lawyer the present one is not exp enough and makes many mistakes ...?
    urgent reply nneeded..
    thanks



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  • chapper
    07-18 12:52 AM
    Hey guyz...

    Lets start our thread...oh! Ya...we are stuck in immigration hurricane season as well:)

    I am from NOLA




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  • tonyHK12
    03-21 01:45 PM
    Hi Friends

    After clicking on donate link.. I found that,, minimum contribution through paypal/credit/debit card is 100$..
    Can I donate 50$ as one time contribution by writing check on IV name and post it through USPS?

    Please do not scold me for deciding to donate this much small amount.. My budget supports this much only at this moment.

    Rav

    Thanks you. The minimum donation online is $50. Yo have to scroll down for one time contributions, below to the 6th or 7th one in the dropdown.



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  • gondalguru
    07-19 11:32 PM
    Mostly IV and Immigration committee chair women, but how does it matter now.

    I think It matters as what worked this time may also work for future issues like SKIL bill, raising GC quota, etc etc.




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  • OlgaJ
    April 3rd, 2005, 06:50 AM
    I like the sharp sparkle of the first one.

    Olga



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  • punjabi
    06-25 03:05 PM
    Hi,

    Can you please mention the source also (example, the website) from where you copied this content?

    Thanks.


    For members doing the Calculations..............

    According to DHS | CIS Ombudsman Updates:
    During FY 2009 and FY 2010, usage of family-based visas has been exceptionally low, especially among spouses and children of green card holders (the F-2
    ...
    ...
    ...again go unused in FY 2010.




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  • lecter
    January 31st, 2004, 09:24 PM
    I agree with Steve, the competition and advances are amazing...

    expensive for those that like the pointy end......

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    View Full Version : whats the next step ?





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  • number30
    07-23 06:28 PM
    Hi,

    I recently traveled to Canada by land for 1 week . When I went to Canada the canadian authorities did not take my I 94. When I returned from canada, the US officials did not give me a new I 94, will this be a problem ?

    Thank you for your time.

    If the travel is less then 30 days to Canada or Mexico you do not need Visa Stamping also. It is called Automatic Visa Revalidation.
    http://cbp.gov/linkhandler/cgov/travel/id_visa/revalidation.ctt/revalidation.pdf




    roseball
    02-28 12:56 AM
    Is that normal to have the same I-94 number on my renewed H1B and my wife's H4 approval notices?

    Seems it is a mistake that my old I 94 is given in H4 extension application. Do I need to apply for correction? Any Lawyer / Member, please confirm. Thanks in advance.

    I-94 is what determines your legal stay in the US. Since you get an I-94 only during your entry into the US, it is normal to get the same I-94# on any subsequent extension of status applications filed within the US. Your attached I-94s on the I-797 approval notice are proof of your continuous status since your white I-94 cards might be expired. But do keep the original white I-94 cards with you as you are supposed to return them along with the new I-94s attached to I-797 notices, when you leave the country.




    cam23
    06-24 08:44 PM
    Hi All

    I worked for a company A till July 2006. Company A had applied for my Green Card using RIR process. I got my Labor certification approved and company A applied for I-140.

    In August 2006 company B acquired company A. Company B moved me to a different physical location and different state.

    Company B amended my I-140 application filed by Company A to preserve the priority date. Now company B is planning to file I-485 for this ongoing I-140 application.

    My Questions:

    Is there any risk for I-140 application since company B amended I-140 application filed by Company A?

    I am asking so as company B moved me to a different state and labor used to file amended I-140 was based on company A and its location.



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