Monday, July 4, 2011

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  • GotGC??
    11-28 07:06 PM
    I just got a CRIS notification that for my case and my wife's case "Card production has been ordered".

    Does that mean our I-485 has been approved?

    I'm from India, EB2, PD Mar 16 2003




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  • paskal
    07-09 05:32 PM
    if you want a more restrictive visa they will happily let you have it! :-)




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  • Berkeleybee
    03-24 10:51 AM
    Our hard quota memo is linked on Matthew Oh's site. http://www.immigration-law.com/Canada.html




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  • Blog Feeds
    08-03 07:30 PM
    Okay, here's a shameless plug from a proud father for a worthwhile charity project of my fourteen year old daughter Eden. For the second year, she's organizing a 5-K to raise money for an art therapy program for Darfurian kids at a refugee camp in Chad. The program is run by the Hebrew Immigrant Aid Society, America's oldest refugee and immigrant assistance organization. Folks in Memphis - please consider coming out to run or walk. And others who are interested in supporting the cause can make a donation via the race web site. Thanks everyone! Eden's Run 5-K

    More... (http://blogs.ilw.com/gregsiskind/2010/08/edens-run-5k-august-22-memphis-tn.html)



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  • kirupa
    05-16 02:08 PM
    Added this up!




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  • NYCBrown
    04-01 11:39 AM
    I am working on EAD which I received from my EB3 category(labor date - Oct, 2004). My new employer filed a new application for EB2 category in Nov, 2010, my labor got approved within 3 months and they went for the next step filing my I-140 PETITION. They attached my previous I-140( from Eb3 category) along with the new application seeking to port the old priority date. Here is the REF which they received on 23, March 2011.

    "Please provide evidence to show that the petitioner will be employing the beneficiary to fill the specific vacancy. In addition, provide a detail description of the work to be performed, including specific job duties, level of responsibility and number of hours per week of work to be performed.
    You must sumbit the requested information within 30 days from the date of this letter. Failure to do so may result in the denial of your petition"


    Please suggest. My attorney is working on this.



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  • Jeff Wheeler
    04-01 12:53 AM
    w00z




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  • Donaldam
    11-18 07:09 AM
    So we got an RFE. Bummer. Some of the things were really simple things, like I missed signing in one spot... oops. Had to get a copy of my dad's birth certificate because he's supporting my husband with his income. But two of the RFEs were for taxes which I am 99% sure that I sent in for 2007 for both my father and I, so I don't know why we got an RFE for that (I just ordered the tax transcripts for all 3 years for the both of us, just to make it easier). Anyway, they also want my dad's paystubs for the last 6 months. Cool. So I went through my dads paystubs, and two of the paystubs are missing from the last 6 months - one from May and one from March



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  • Ann Ruben
    06-30 07:50 PM
    As long as you have a valid advance parole, an approved I-140 and a bona fide offer of employment in the same or similar occupation you are not likely to be at risk if you go to India. However, before making a decision to travel, you should consult with an immigration attorney fully familiar with your immigration and employment history.




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  • rrajendra
    08-05 04:11 PM
    The expiry date of B1/B2 is printed on the visa. Getting F1 does not invalidate B1/B2. Unless the visa issuer put a stamp on the B1/B2 as "Cancelled", it is still valid!



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  • raj76
    01-07 12:41 AM
    This may seem strange and confusing. Here is my case

    I changed my employer from A to B with an intention of taking advantage of an existing approved labor with employer B. I applied for I-140 and H1B transfer at the same time in March 2007. I-140 was approved in June 2007. In July 2007, I applied for EAD and 485. Meanwhile, I got an RFE for H1b transfer and my attorney responded to this in time. I got my EAD approval in Sep 2007 and got FP done before my I-94 (thru company A) expiration in Nov 2007. I got a denial notice for my H1B on Nov 13 2007. My attorney missed the appeal date so no appeal has been filed for the H1B denial.

    Here are my questions:
    - Am I currently out of status since my I-94 expired in Nov 2007?
    - If I am not out of status, what is the next course of action I should be taking?
    - Will there be any issues when i try to renew my EAD?

    Thank you in advance for your advice.




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  • stxvr
    06-30 08:49 PM
    Hi Ron,
    We all appriciate your support and help. My citizen mother has filed the immigation petition under F1 category. Currenty I am in US on H1B. Priority dates are near and I am palnning to file AOS. Category F1 is Child of unmarried son of US citizen.

    The LCA and Petition papers used for the my H1 Visa (at consulate interview) has the Job Title Programmer I. But before coming to USA I got reassigned and I got a new LCA from the company (I got new LCA in India itself). Recently I looked into that New LCA it has recorded my Job Title as Programmer II. I am working on this new LCA location.

    I have following question.

    Does this Probrammer I/ Probrammer II change in LCAs affects my AOS for my family based category F1. (AOS H1 -> F1 Family based)

    Thanks



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  • moonrah
    08-05 08:11 PM
    Hi All,

    I know cohen & grigsby was under DOL supervised recruitment for new PERM process. Is it still true? Does anybody know?

    Thanks,




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  • dealsnet
    08-27 03:05 PM
    You can file for your wife and kids while you have a GC.
    For brother/sister/parents, you need US citizenship to file it.
    If you are a Indian citizen, Bro/sister catagory need a minimum 10 year wait period after filing.



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  • newuser
    10-16 10:51 PM
    Local State Chapters - Please update the activities as they happen so that members get to know about them

    Setraheep - Thanks for the update




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  • pd052009
    03-25 12:07 PM
    Countdown: 37 More days to go (Incl. today)
    Required Yes Votes : 5000

    Read from the below link for more details
    http://immigrationvoice.org/forum/2243885-post2.html (Support Thread for "I485 filing w/o Curr. PD" initiative)



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  • jerez_z
    11-04 05:59 PM
    thanks Mith :)




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  • bushman06
    09-29 12:42 PM
    With all the data from USCIS, FOIA and other tracker - random sampling its really hard to say. They all say different things. I think the only thing that is somewhat clear is that EB ROW is not going to use much of the visas this year and we expect some reduction in the backlog. There many estimates by people on this forum.




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  • graylensman
    07-02 12:53 PM
    Coming to save penguins and glosrfc from scurvy!

    http://i668.photobucket.com/albums/vv47/iRobot/orangeMan.jpg




    up_guy
    09-21 06:37 PM
    I work for a big company. Each time when I move to a new project, my company ask me to file an LCA and H-1B amendment for new project location. It takes several month to get approval until then you have wait and face all travel restrictions.
    I know that several smaller companies don�t file such amendments

    Does anyone who why do we have to file such amendment?
    What happens if we don�t file this?




    sachuin23
    11-18 06:06 PM
    Hi,

    I recently upgraded by I-140 to Premium processing. Soon after the filing of I-907, my status on USCIS status website changed from initial review to Acceptance. The message displayed is that my case has been rejected because of incorrect filing fees. I contacted my lawyer and he is confident that my upgrade was filed properly. He also told me that he has been observing same issue for several clients ,where USCIS website is displaying incorrect message. I am not sure what should be my next step. Is it something I should be worried about?

    Is there some one with similar experience ?



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  • njdude26
    08-12 12:19 PM
    c'mon guys is this soooooo difficult to answer ? experts ??




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  • kishdam
    03-10 05:55 PM
    I am trying to get I140 approval notice using FOIA G639 form. While filing this I have all the info but one section asks which document I am requesting and other info like location of that document.

    How to know that. My I140 receipt and I1485 receipts start with SRC. Does this mean that I140 approval notice is also at Texas Service Center. With all the bi-specializaiton mess I forgot how things are now (where is I140 processed). If anyone have more thoughts please let me know.

    Thanks.




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  • MONCYS
    04-09 01:28 PM
    I filed for EAD (new application) 30 days back along with my AOS applications. Finished my FP on the 25th day.

    Normally How long it take to get EAD from Texas Service center. ??

    Any idea. ??




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  • leoindiano
    03-18 10:55 AM
    Huggi,

    under OPT you are still on F1 Visa...If you join another degree, you can still have F1, I believe you just need to inform the university on which your visa was issued about the university transfer. International affairs at your new univ. should help in this regard.



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  • desiap
    01-14 10:17 PM
    Hi,

    I've been working full-time on EAD for the last 2+ years. I have a pending 485 application, on which my spouse is the primary applicant. I have never applied for H1B in the past, because I transferred directly from F1 (student visa) to this EAD.

    My spouse also has an H1B, which is in it's 7th year (completed 6 yrs of H1B).

    My spouse has been put on furlough (unpaid leave) for 3 months.
    What are our options ?

    1. Can my employer file H1B for me, and an H4 for my spouse ? How will this affect our green card application (on which my spouse is primary applicant) ?

    2. How much time does my spouse have to look for another job (with similar job description), without being out of status ? Is there some grace period associated with H1?

    Thanks




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  • TwinkleM
    01-11 12:47 AM
    Would appreciate the input on my querries by the attorneys & the people who has experienced similar situation.

    My spouse's Advance Parole is expiring in mid February 2010. He is pplanning to travel to India by mid - jan & return back by 3rd feb'2010.

    My questions is:

    1) Is the time gap of 15 days before the expiry of the AP is safe to re-enter USA?

    2) SHould he apply for the renewal of the AP before he leaves? If yes, then if the advance parole renewal approves before he re-enters the country, can he still re-enter on the old Advance Parole document or the old one gets automatically nullified?

    3) Should he be in the country during the time the advance parole approves?

    The situation is very urgent. Immediate feedback is highly appreciated.

    Thanx In Advance



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  • maheshf
    10-13 02:37 PM
    I am in an interesting situation, my 485 is pending (PD June 22, 2006) and wondering if I should accept a position offered by my original GC employer, special when my PD is so close ( May take another 6-8 month).

    I was part of company lets say X, a join venture between A&B. X applied for my GC 140 and 485 when I was with them. Then that company was split and 10% employee went to A and other 90% to B. I was part of 10% that went to A and did AC21 to port my case. It was considered as new company. Now my Old manager who moved to company B is offering a Job with significant promotion. Since X was technical acquired by B and X was my original employer, is it a win win situation to move or I stay put and wait for PD to become current before moving? job profile is goign to be same.




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  • Abhishika
    10-04 07:37 PM
    Anyone ? Any thoughts pls



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  • Student with no hopes
    01-28 09:57 AM
    what do you mean - going by I-140 dates?




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  • silpa_23
    05-18 08:00 AM
    Greetings,

    In brief, I have applied for I-485 when I was single and now priority dates are current. I need to add my spouse. Do I need to apply for I-485 for myself again? Below are the timelines.

    Thanks in advance.

    In August 2006.
    1. Employer A
    2. I was Single.
    3. Files I-140 and I-485 concurrently.
    4. Schedule A expired.
    5. Application moved to Eb3.

    In June 2007
    1.Employer B (Moved in June 2007 via H1b transfer).

    Married in 2008.

    April 2010.
    1. Employer B.
    2. New I-140 filed in EB2, approved.
    3. Ported EB3 PD of Aug 2006.

    May 2011.
    1. PD will be current in June 2011.
    2. I need apply I-485 for my spouse.

    Do I need to re-apply for I-485 and G-235a for the principal applicant.



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  • chanduv23
    10-05 10:34 AM
    ^^^^^^^^^^^^^^^




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  • tcfannin
    01-12 07:50 AM
    I was on H1 visa and laid off from job on 10/30/09. I got severance pay for Nov. and have the pay stubs. I applied for COS from H4 to F1 for my spouse (already in collage) and H1 to F2 for me on 12/9/09. Meanwhile immigration performed spot check at my ex-employers on 12/3/09, so they came to know that i was not working. My employer had not revoked H1 by then. Our COS application was received by USCIS on 12/14/2009, case is currently under Initial Review.
    - Will the immigration officers who did spot check inform USCIS that i was out of status?
    - Will case get rejected due to delay in applying for COS?
    - Will there be any complications in transferring my H1 to new employer as i was out of status for about a month before i applied for COS?
    - How to stop F2 COS if i get H1 transfer approved first?



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  • ramaonline
    03-05 06:29 PM
    You can get reimbursement for all eligible expenses but you will not get the tax benefit. The taxes due on that amount will be accounted for at the time of filing your return. You can submit claims and get them reimbursed.




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  • baskarvarun
    05-24 04:02 PM
    i am having cid visa i came usa 18 month ago i went my country dec11 - 2006 i come back u,s jan 20 can i able to apply for z visa my status - illegal



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  • surabhi
    07-23 11:49 AM
    Hi,

    I dont have attorney and need to respond to RFE. Hence the request

    Thanks




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  • Blog Feeds
    09-11 08:20 PM
    Back in 1986, Immigration Judges denied almost 90% of all asylum requests. Now, during the past 9 months, the Judges granted 50% of asylum requests. What's more, the disparities among various Immigration Judges have narrowed somewhat. This information is contained in a new report issued by the Transactional Records Access Clearinghouse (TRAC) of the University of Syracuse. This increase in approvals tracks with another important consideration: In 1986, only a little more than half of all asylum applicants were represented by an attorney. Today, over 90% of asylum applicants have attorneys. Attorney-represented asylum seekers have their cases granted 54% of...

    More... (http://blogs.ilw.com/carlshusterman/2010/09/asylum-some-progress-but-much-more-needs-to-be-done.html)



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  • thesparky007
    04-01 12:29 AM
    *terribly scared* *runs away*




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  • Blog Feeds
    05-31 12:30 AM
    Two University of Maryland management professors have studied the question and say no:The use of H-1B and other work visas to hire foreign information technology (IT) professionals in the United States has attracted significant controversy and policy debates. On one hand, hiring high-skill foreign IT professionals on work visas can be advantageous for U.S. firms and the overall economy. On the other hand, high-skill immigration can adversely impact the wages of foreign and American IT professionals. This study uses data on skills and compensation of more than 50,000 IT professionals in the United States over the period 2000�2005 to study...

    More... (http://blogs.ilw.com/gregsiskind/2010/05/are-foreign-it-workers-cheaper.html)




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  • blao
    07-08 05:15 PM
    we are on last stage approved i-130 USA citizen for married daughter.
    because we overstayed in USA since 1996 here do we have to leave country since we applied only in 2003?
    this would be a disaster since we have nobody in Italy that con support us until get a waiver from USA counsolate....they said about 9 months if everything is ok...
    my only hope is that a read something about cancellation of deportation and adjustment of status here in USA no needed to leave country...how dangerous can be to start this process, wile waiting for last stage of i-130?
    i have good business, house, cars, furniture here and always paid taxes. 2 USA kids. thanks gimme hope




    dpp
    10-25 07:28 PM
    Hope this bill helps us !!!:confused:

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

    It has more harm than good. H1B fees increased too much. I hope they will remove this H1B part from the final bill. Anyway Bush is ready to veto this bill for sure.




    saachinsiva
    07-20 06:27 PM
    Hi

    I did my Masters and then got a job in Company A who filed my H1b Visa on 10/01/2008 and valid until 07/25/2011.

    I did not get stamped yet as i never leave US until now.

    Meanwhile my employer applied for amendment as i was put into a project in another state and change in my title .

    When i check the status it says "On May 7, 2010, we mailed you a notice that we have approved this I129 PETITION FOR A NONIMMIGRANT WORKER. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283."

    I am going to my country on August 2nd week for my marriage and my questions are.

    can i use my current I797 for visa stamping or should i use new I129 which i did not get yet?

    can i use the notice as the proof of I129 in case they need it for stamping?

    Also could somebody please tell me how long will it take to receive my I129 after the above mentioned status?



    Jennifer Aniston Love Happens Premiere

    images Trouble with Jennifer Jennifer Aniston Love Happens Premiere. 2011 Love Happens, The Bounty
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  • Blog Feeds
    04-05 09:40 AM
    Our friendly anti Jack has provided in the comments a couple of links to an intriguing story regarding Republican National Committee Chairman Michael Steele (currently embroiled in another scandal - this time involving strippers and GOP money - oy!). Steele has been one of the moderate voices in the GOP when it comes to immigration reform in the past and apparently he met with a pro-reform group called the Fair Immigration Reform Movement (FIRM). Accounts differ regarding whether Steele promised to work for immigration reform and, more specifically, help round up a second GOP Senator to sponsor the reform bill...

    More... (http://blogs.ilw.com/gregsiskind/2010/04/gop-head-sort-of-promises-to-support-cir.html)




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  • sk76941
    08-31 03:09 AM
    My I-140 & I-485 were filed concurrently in July and I have received the receipt notices last week. I have been told by my manager that I have been considered for a promotion. The job title changes from Sr.Database Administrator to Sr.Database Administrator,Staff. The new job after promotion will have additional/new responsibilities like leading/mentoring the team members in addition to the current job responsibilities. I have the following questions:
    (1) Is there any risk to GC processing if the job title changes ?
    (2) Is there anything that needs to be done/filed with USCIS to reflect the job title change ?

    Thanks.




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  • gcpool
    08-16 03:45 PM
    I have noticed that they have been given instructions not to give any information now due to the volume of calls HOWEVER if you keep trying you might get one person who is kind enough to answer your questions..

    I tried 3 times (called with few days in between) and two time I faced pretty short replies with no help. But third time I got a very nice person who gave me more info. Among the few things I learnt were that they are still doing cases as of Aug 2006 and few random cases are being worked on dates after that. Details about I-140 will not be told unless you are the employer or the attorney. But you can ask about the status of your name check.

    All the best




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  • Jennifer Aniston: As the


  • hirs
    07-23 06:08 AM
    Another one - hope you like it...

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    http://www.xn--hrlin-gra.com/wp/wp-content/uploads/2010/07/shirt_peacekids_haerlin.jpg



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  • at quot;Love Happensquot; premiere


  • mahathi
    05-13 02:13 PM
    Hi,

    I read an article on Automatic Revalidation.

    It says if you have an expired visa, and a valid 797 you can still enter US.

    Is it true for H1 extensions?

    Please advise.


    Thanks




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  • Premiere Of Universal


  • kelvincoper
    01-20 05:50 AM
    Hello,

    This is my final effect:proud:. I was trying to make something unique, but I dont know how far i m successful to make jelly fish. I was trying to play with the tail of jelly Fish, but time constraint.

    Anyhow here is the preview
    http://www.funduflash.com/FXpression09_03.html

    [source]


    cheers



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  • #39;Love Happens#39; Premiere Photo:


  • brick2006
    11-30 12:03 PM
    hello...

    I was on H1.. but i quit my job and i am currently enrolled as a Full time student.
    I need to go to Mexico as part of my Study program....

    I have received the change of status from USCIS..but i need to get my passport stamped..

    I have not been successful in getting an appointment in Canada....

    >> Can i go to mexico and get the visa stamped during my stay there..is it risky???

    >> i cam here on F1-h1-now back to F1.... do i have to go to my country of origin to get my visa stamped.



    inputs Pleaseeeee..




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  • Trouble with Jennifer


  • ashrock11
    09-13 08:15 PM
    Hi,

    My I-485 case was approved on 7/23, got approval letter on 7/30.

    In August I got the Code 3 Biometrics letter and now I got it for Code 2. Two Biometrics appointment within a month!

    Does this usually happen? No CPO e-mails or card yet!

    Thanks



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    Jennifer Aniston Love Happens Premiere. premiere of “Love Happens”
  • premiere of “Love Happens”


  • Blog Feeds
    12-31 06:11 AM
    Our current immigration system which forces parents to be separated from their children and husbands to be separated from their wives for years at a time is both cruel to immigrant families and unworthy of our country's proud heritage as a nation of immigrants. The immigration reform bill introduced by Representative Luis Gutierrez (D-IL.) and 90 co-sponsors on December 15 would improve the backlog-plagued family-based immigration system in a number of ways. We list some of the most significant changes below: 1) Immediate Relatives Would No Longer Be Subtracted from Preference Categories - Spouses, parents and children of U.S. citizens...

    More... (http://blogs.ilw.com/carlshusterman/2009/12/how-immigration-reform-bill-would-change-family-based-immigration.html)




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  • Cast member Jennifer Aniston


  • ma'deel
    07-31 06:27 PM
    I was just wondering if it's posible to create my own specific 3D form on Swift 3D v2. The kinda one like a sample head given.

    If not, what programes could i use to create that forms and then import them to Swift?

    Thanks for taking the time to answer



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  • LOVE HAPPENS. Premieres Sunday


  • GC_SUCK
    09-11 03:24 PM
    October Visa Bulletin Is Out




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  • Jennifer Aniston LA premiere


  • pamposh
    09-26 11:15 AM
    Ok for a long time I have been thinking about getting enrolled in a Phd program and this year I was hoping I get a chance to chase my dream after having the GC... well it did not work the way I thought/planed and now I want to weigh my options.

    here are my details:

    EB2 I with PD Sep 2005
    Primary Applicant
    currently on H1B
    I 140 approved early 2006
    Approved EAD (till Oct 2010)
    Approved AP

    So my questions is:

    Is there a way I can join a univ as full time research student?
    Can I take a leave of absense (ofcourse w/o pay) from my current job to join as a student?

    If anyone knows anything about this kind of situation I would really appreciate your help.

    Thanks for everyone in advance...
    Pamposh



    more...

    house Jennifer Aniston amp; Aaron Jennifer Aniston Love Happens Premiere. Premiere Of Universal
  • Premiere Of Universal


  • perm2gc
    12-05 04:35 PM
    I applied an LC from an employer on March 27th 2005 (Pre-PERM)
    It is shifted to P-BEC. I have not got any 45 day letter for that
    How do I get the 45 day letter?
    Please search the forum.Many thread have been posted in past and are addressed.




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  • Jennifer Aniston -- Love


  • 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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  • #39;Love Happens#39; Premiere Photo: Jennifer Aniston and Aaron Eckhart


  • Blog Feeds
    12-30 12:20 PM
    Often, when there is a great concentration of businesses focused on a specific industry in a particular geographic location, the area is called the "Silicon Valley" of and then you fill in the blank. That's a tribute to Silicon Valley in Northern California which is the home to many of America's great tech companies - Google, Apple, Intel, etc. For example, Charlotte is the Silicon Valley of banking. Nashville is the Silicon Valley of hospital firms. Well, it turns out the actual Silicon Valley is the Silicon Valley for America's ping-pong talent. All of those immigrant tech workers who came...

    More... (http://blogs.ilw.com/gregsiskind/2009/12/immigrant-of-the-day-rajul-sheth-ping-pong-guru.html)




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  • Cast members Jennifer Aniston


  • cool_guy_2007
    10-08 03:11 PM
    I am one of those unfortunate guys who missed the July 2007 boat.

    Is there any chance of the priority date getting current again (soon) like in July 2007 even for a month?

    What do you guys think??



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    makeup premiere of “Love Happens” Jennifer Aniston Love Happens Premiere. Jennifer Aniston amp; Aaron
  • Jennifer Aniston amp; Aaron


  • mallikonnet
    07-19 10:28 PM
    I'm trying to beat the July deadline.
    Pls. help if you know from where to get the list - for NJ or NY.
    thanks
    https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV




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  • Jennifer Aniston-Starring


  • informvinay
    12-13 02:56 PM
    Hi,

    I was on H1 VISA when my wife came here on H4 VISA. When I was filled her DS-157 form for H4 Stamping by mistake I put the wrong dates of employment.

    Now she got her H1 Visa approved when she was here in US. She is going for H1 Visa stamping . She is filling her DS-157 again with the correct dates. Would it be a problem. Would H4 DS-157 be tied back to DS-157 for H1 while she is there for H1 Stamping.

    Please any help would be appreciated.




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  • Jennifer Aniston


  • Amma
    09-21 02:50 PM
    Previously , I was working in Kuwait. My H1B got stamped in Kuwait.
    I didn't face any problem in the visa interview.

    However, I don't know much about UAE.

    Best of luck.




    Blog Feeds
    05-27 08:30 AM
    Antis point to polls showing more Americans support the Arizona bill than oppose it. But other polls - including new ones from ImmigrationWorks USA and Immigration Voice, show these same voters also support - by wide margins - comprehensive immigration reform proposals that contain legalization programs. Is this really a contradictory result? Maybe not. Americans want ACTION on immigration reform rather than maintaining the status quo. Action can mean an SB1070 or something on a broader scale - even if it is called "amnesty." Here are slides outlining the ImmigrationWorks poll. Keep an eye on polling of Republican voters who...

    More... (http://blogs.ilw.com/gregsiskind/2010/05/polls-show-public-wants-action-on-immigration-reform.html)




    mbe
    01-06 11:43 PM
    Hi,

    My husband is on H1-B, and it expires on Feb 4th 2007. We plan to go to India, leaving the U.S. on Feb 11th 2007. His current I-94 expires on Feb 4th 2007.

    We have our I-140 and 485 filed in parallel. He has received his EAD and Advanced Parole.

    His lawyer wants to apply for H1-B but not use premium processing, as he can re-enter the U.S. using Advanced Parole.

    Now, our concerns are these:

    1. If he leaves the U.S. AFTER the expiration of his current I-94 WITHOUT having a new I-797, can it look as if he overstayed?

    2. If he re-enters the U.S. using the Advanced Parole, will that change his status so that he is now considered to be on immigrant(EAD) rather than non-immigrant (H1-B) status?

    Basically, we want to insist on premium processing and go for the H1-B visa stamp while in India to be sure that he does not go out of status.

    Any advice on this?

    Thanks :)