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12-19 01:00 PM
Immigration Visa Attorney Blog Has Just Posted the Following:
Jon and Kate Plus 8, the once-popular TLC reality program about the Gosselin family, their twins and their sextuplets is kaput. But that's old news. Today, the Gosselins officially closed the chapter on their 10 year marriage with the announcement their divorce becoming final.
Divorce is always difficult. Kate says she looks forward to her future. No word from Jon...yet. For the Gosselins, they can and should move on.
But what if Jon or Kate were immigrants? What if Jon or Kate faced deportation because their marriage failed? If Jon or Kate had been granted a greencard based on their marriage, what would happen to them once their marriage ended?
This is an immigration concept called conditional residency. We represent many individuals who apply for permanent residency through their marriage to a US citizen. These are usually great cases because we are helping happy new couples stay together, and "move forward" in their lives. But what happens if the happy couple separates or divorces? In the worst scenario, USCIS will revoke or terminate the foreign spouse's conditional residency, leaving the spouse vulnerable to deportation proceedings, standing alone and at best, with competent immigration counsel at his/her side.
In revoking conditional residency and initiating deportation proceedings, USCIS looks into the nitty gritty details of what happened in that marriage, was the marriage entered into for the immigration benefit rather than purely for love? Who's fault was it that the marriage ended? And could you (the foreign national) prove it? Imagine the reality show going behind the scenes to investigate, whether it was Kate's nagging that led to the failure of the marriage, or whether Jon's alleged affairs were the actual cause of the breakup and divorce. And would you feel comfortable knowing that USCIS is your final arbiter? If you married, got conditional residency and are now in divorce proceedings or separated from your spouse, think about calling Fong & Chun, LLP for a free consultation. ---ecf
More... (http://www.immigrationvisaattorneyblog.com/2009/12/jon-and-kate-divorce-is-final.html)
Jon and Kate Plus 8, the once-popular TLC reality program about the Gosselin family, their twins and their sextuplets is kaput. But that's old news. Today, the Gosselins officially closed the chapter on their 10 year marriage with the announcement their divorce becoming final.
Divorce is always difficult. Kate says she looks forward to her future. No word from Jon...yet. For the Gosselins, they can and should move on.
But what if Jon or Kate were immigrants? What if Jon or Kate faced deportation because their marriage failed? If Jon or Kate had been granted a greencard based on their marriage, what would happen to them once their marriage ended?
This is an immigration concept called conditional residency. We represent many individuals who apply for permanent residency through their marriage to a US citizen. These are usually great cases because we are helping happy new couples stay together, and "move forward" in their lives. But what happens if the happy couple separates or divorces? In the worst scenario, USCIS will revoke or terminate the foreign spouse's conditional residency, leaving the spouse vulnerable to deportation proceedings, standing alone and at best, with competent immigration counsel at his/her side.
In revoking conditional residency and initiating deportation proceedings, USCIS looks into the nitty gritty details of what happened in that marriage, was the marriage entered into for the immigration benefit rather than purely for love? Who's fault was it that the marriage ended? And could you (the foreign national) prove it? Imagine the reality show going behind the scenes to investigate, whether it was Kate's nagging that led to the failure of the marriage, or whether Jon's alleged affairs were the actual cause of the breakup and divorce. And would you feel comfortable knowing that USCIS is your final arbiter? If you married, got conditional residency and are now in divorce proceedings or separated from your spouse, think about calling Fong & Chun, LLP for a free consultation. ---ecf
More... (http://www.immigrationvisaattorneyblog.com/2009/12/jon-and-kate-divorce-is-final.html)
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mik
06-13 05:16 PM
Hi,
My case is a bit complicated. So, your advice will be of great help.
Shortly after arriving to the country, without knowing much about immigration laws, my company applied for an EB3 PERM labor certification, although I hold a Master's degree! But, my company lawyers lack any experience! Anyway, the LC was approved in October. However, as you have guessed, retrogression was there, and I've started the waiting phase.
After reading more about rules and law, I've decided to ask the lawyers to file using EB2. One month later, they've filed another LC in EB2. Naturally, this one was rejected because DOL doesn't allow multiple filing for the same position! Once more, my lawyers proved their inefficiency, and said, it's a mistake and filed for an appeal. Until this day, the appeal is in limbo, because the guys at DOL don't even want to look at at. All our requests for info went unanswered!
Anyway, now the visa bulletin for June shows that my EB3 date has become really close, it's June 2005 for my case (EB3 World), while my PD is July 2005! I thought, finally it's time to go on with I-140. Asking my lawyers, they've adviced that I should withdraw my EB3 and the stalled EB2 and file another EB2!!! Of course I wondered as you did, "why didn't they say so earlier", but their answer was that the law and company rules just changed!
Well, instead of risking both EB3 and EB2, I've asked to withdraw the non moving EB2 only, and see what happens in July visa bulletin, which I believe would move at least by a month. I'm still waiting for my EB2 withdrawal decision too.
So, my question to the experts on this forum, what should I do next? Let's say my EB3 PD becomes current, should I just file for my green card, and hope it doesn't retrogresses while my application is being processed?
Or should, I withdraw my EB3 too and start the whole process in EB2. I'm very worried an EB2 LC request would gets complicated this time too! At the same time, I'm worried the EB3 category gets retrogressed while my I-485 is being processed and I would have to wait even longer. What do you think?
Well, that was long. So, thanks for reading and waiting to hear your recommendations and experiences.
take care,
mik
My case is a bit complicated. So, your advice will be of great help.
Shortly after arriving to the country, without knowing much about immigration laws, my company applied for an EB3 PERM labor certification, although I hold a Master's degree! But, my company lawyers lack any experience! Anyway, the LC was approved in October. However, as you have guessed, retrogression was there, and I've started the waiting phase.
After reading more about rules and law, I've decided to ask the lawyers to file using EB2. One month later, they've filed another LC in EB2. Naturally, this one was rejected because DOL doesn't allow multiple filing for the same position! Once more, my lawyers proved their inefficiency, and said, it's a mistake and filed for an appeal. Until this day, the appeal is in limbo, because the guys at DOL don't even want to look at at. All our requests for info went unanswered!
Anyway, now the visa bulletin for June shows that my EB3 date has become really close, it's June 2005 for my case (EB3 World), while my PD is July 2005! I thought, finally it's time to go on with I-140. Asking my lawyers, they've adviced that I should withdraw my EB3 and the stalled EB2 and file another EB2!!! Of course I wondered as you did, "why didn't they say so earlier", but their answer was that the law and company rules just changed!
Well, instead of risking both EB3 and EB2, I've asked to withdraw the non moving EB2 only, and see what happens in July visa bulletin, which I believe would move at least by a month. I'm still waiting for my EB2 withdrawal decision too.
So, my question to the experts on this forum, what should I do next? Let's say my EB3 PD becomes current, should I just file for my green card, and hope it doesn't retrogresses while my application is being processed?
Or should, I withdraw my EB3 too and start the whole process in EB2. I'm very worried an EB2 LC request would gets complicated this time too! At the same time, I'm worried the EB3 category gets retrogressed while my I-485 is being processed and I would have to wait even longer. What do you think?
Well, that was long. So, thanks for reading and waiting to hear your recommendations and experiences.
take care,
mik
tabletpc
04-02 12:19 PM
If you want immediate responses then your questions should be either on EAD/AP/485 or something to do with GC. For other queries members here take low priority..this is my observation..!!! But keep sharing knowledge ...!!!
Coming to your questions,
The best suggestion would be to request company B to apply under premium, so that you will get to know either way in 15 days...!!!
Good luck...
Coming to your questions,
The best suggestion would be to request company B to apply under premium, so that you will get to know either way in 15 days...!!!
Good luck...
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ns521
01-09 03:41 PM
Receipting update is just a reference.
My applications reached NSC 6 months ago on July 9th.
I have no receipts and checks were not cashed.
As per IO's my name is not in the system.
Check this thread (http://immigrationvoice.org/forum/showthread.php?t=14402).
Good luck!
Did you contact them?What did they say?Did you receive any EAD or AP because some people receive those even before getting receipt numbers???
My applications reached NSC 6 months ago on July 9th.
I have no receipts and checks were not cashed.
As per IO's my name is not in the system.
Check this thread (http://immigrationvoice.org/forum/showthread.php?t=14402).
Good luck!
Did you contact them?What did they say?Did you receive any EAD or AP because some people receive those even before getting receipt numbers???
more...
Prashanthi
07-22 05:50 PM
Hi
My H1 is due for extension this year end.
Valid period of H1 remaining is 1 1/2 year since extension
I understand that H1 extension has to go through the rigorous procedure nowadays.
It needs client letter stating that project will last for 1 year.
Getting such letter is not possible.
So having I140 approved makes thing easy for H1 extension? Or same process for h1 extension is followed
Please reply
Thanks
Abbey
Same process for a H-1 even if you get an I-140 approval, they may not require the client to say that the project will last for 1 year, i have seen that it is sufficient to say that the project is extendable. Ofcourse you might get an officer who is unreasonable, in which case you can file an appeal, no requirement in the law to ask for an 1 year contract to get a H-1.
My H1 is due for extension this year end.
Valid period of H1 remaining is 1 1/2 year since extension
I understand that H1 extension has to go through the rigorous procedure nowadays.
It needs client letter stating that project will last for 1 year.
Getting such letter is not possible.
So having I140 approved makes thing easy for H1 extension? Or same process for h1 extension is followed
Please reply
Thanks
Abbey
Same process for a H-1 even if you get an I-140 approval, they may not require the client to say that the project will last for 1 year, i have seen that it is sufficient to say that the project is extendable. Ofcourse you might get an officer who is unreasonable, in which case you can file an appeal, no requirement in the law to ask for an 1 year contract to get a H-1.
gjoe
12-28 07:02 AM
My efiled EAD went to TSC. I sent my copy of my approved I140 and I485 as supporting documents. I got my biometric notice in a weeks time and in a month I got my EAD card. But I guess you need not send any supporting docs because you can give your I485 and I140 number in the online application itself.
more...
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04-29 05:05 PM
i want to delete it - send it to the recycle bin where it deserves
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Munna Bhai
07-12 07:47 AM
Hello,
Myself and my spouse are on H1b. I am on H1b(industry) and my Spouse H1b is through non-profit.
Please let us know how best we can be a backup for each other in case of any unavoidable circumstances.
a)If I get laid-off or fired, can I jump to H4 and then come back to H1b without being subjected to cap?
b)What are the other backup plans we can have.
thanks for your time.
-M
Myself and my spouse are on H1b. I am on H1b(industry) and my Spouse H1b is through non-profit.
Please let us know how best we can be a backup for each other in case of any unavoidable circumstances.
a)If I get laid-off or fired, can I jump to H4 and then come back to H1b without being subjected to cap?
b)What are the other backup plans we can have.
thanks for your time.
-M
more...
andyny73
12-08 08:37 PM
Hi,
I am going to get married next week.
I am a H-1b visa holder and I have applied for green card. I am waiting to get approval of I-140.
I want to file the H-4 visa for my wife and I have couple questions :
1) How difficult is to apply for H-4 ? Do I need a lawyer for that ?
2) How will my new status effect my green card application ? Do I need to apply again for I-140 ?
Thank you for your help.
Andrea
I am going to get married next week.
I am a H-1b visa holder and I have applied for green card. I am waiting to get approval of I-140.
I want to file the H-4 visa for my wife and I have couple questions :
1) How difficult is to apply for H-4 ? Do I need a lawyer for that ?
2) How will my new status effect my green card application ? Do I need to apply again for I-140 ?
Thank you for your help.
Andrea
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madhu
05-20 04:37 PM
Hi,
I posted this thread with my assumptions using the May 2010 demand data and Pending 485 report 09/09
Source:- EB3 Movement Tracking - Immigration Wiki (http://immigrationvoice.org/wiki/index.php/EB3_Movement_Tracking)
Any thoughts in this gurus !
See the spreadsheet for details
thx
mr
I posted this thread with my assumptions using the May 2010 demand data and Pending 485 report 09/09
Source:- EB3 Movement Tracking - Immigration Wiki (http://immigrationvoice.org/wiki/index.php/EB3_Movement_Tracking)
Any thoughts in this gurus !
See the spreadsheet for details
thx
mr
more...
qasleuth
05-04 08:09 PM
Folks from Ohio,
Conundrum and I would gladly help, in getting OH Chapter going once again. We would love to see folks from Ohio to get involved. Please respond to this thread. As of now, the hope is to see who is in Ohio and we can take it from there. If you are a resident of Ohio, just say hello.
thanks
Conundrum and I would gladly help, in getting OH Chapter going once again. We would love to see folks from Ohio to get involved. Please respond to this thread. As of now, the hope is to see who is in Ohio and we can take it from there. If you are a resident of Ohio, just say hello.
thanks
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Administrator2
11-08 09:12 PM
I've read the first two chapters of the book. The first chapter provides an excellent insight into the history of Immigration. Although we had some knowledge of how things progressed in recent past, this book provides is an extremely relevant and detailed true description of the events, the bills in 1990s, 2006 and 2007, and so on.
For those of us who care about our green cards and large debate surrounding the issues affecting us, you will find this book learning and worthy experience.
For those of us who care about our green cards and large debate surrounding the issues affecting us, you will find this book learning and worthy experience.
more...
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amitjoey
01-04 11:21 AM
Dear Vatsa,
I'll tell you what it takes.
It takes strength, both in membership and money. And the former helps bring the latter.
Please help introduce a member to IV by Jan 15th. Help create our own voice (to break the annoying silence that you talk about).
Encourage others to participate in the Add ONE Member campaign started by IV.
Thank you.
Absolutely right. Join the Add a member campaign. We already achieved a minor goal of becoming 8000 strong way before the goal-date of Jan15th. But we really need to be 10,000+ strong.
I'll tell you what it takes.
It takes strength, both in membership and money. And the former helps bring the latter.
Please help introduce a member to IV by Jan 15th. Help create our own voice (to break the annoying silence that you talk about).
Encourage others to participate in the Add ONE Member campaign started by IV.
Thank you.
Absolutely right. Join the Add a member campaign. We already achieved a minor goal of becoming 8000 strong way before the goal-date of Jan15th. But we really need to be 10,000+ strong.
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aksaharan
06-25 03:23 PM
DHS | CIS Ombudsman Updates (http://www.dhs.gov/xabout/structure/gc_1221837986181.shtm#8)
more...
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arti.jain
11-07 06:45 PM
I have very simple questions, but having searched the web for 9 hours haven't found a definte answer. Any help is really really appreciated...
My L1A and I-94 expires on 12/31/2009. Same is true for my wife and child. my company has not yet filed for extension yet.
My GC application 140+485 concurrently under EB1 was filed recently, mailed on 10/30/2009.
Question
1. I do not need to travel outside USA at this point, can my company file for normal processing extension and wait for result even when my i-94 would have already expired. Trying to save the additional $1000(*3 potentially,) for premium processing.
2. Does my company really need to file L1 extension now, or can wait till march/April for 140 approval/denial/RFE and file based on situation then? Note i am not eligible for i-140 premium processing so have to wait for 3-4 months.
3. Our Driving Licenses(CA) expires on December 31st,2009. Is there a way to get that extended because even if i file L1A extension, i may not be able to get the approval notice by the end of year. So DMV would not extend it. Can i get some letter from somewhere or just ask for I-94 extension without petition extension, which might happen quickly.
4. My wife has an EAD and it expired on 5th Nov 2009, since she is not working at this point (and out of laziness), we did not file for extension. Is she out of status or back to L2 status? Do we need to apply for COS.
Please help me resolve simple question.
My L1A and I-94 expires on 12/31/2009. Same is true for my wife and child. my company has not yet filed for extension yet.
My GC application 140+485 concurrently under EB1 was filed recently, mailed on 10/30/2009.
Question
1. I do not need to travel outside USA at this point, can my company file for normal processing extension and wait for result even when my i-94 would have already expired. Trying to save the additional $1000(*3 potentially,) for premium processing.
2. Does my company really need to file L1 extension now, or can wait till march/April for 140 approval/denial/RFE and file based on situation then? Note i am not eligible for i-140 premium processing so have to wait for 3-4 months.
3. Our Driving Licenses(CA) expires on December 31st,2009. Is there a way to get that extended because even if i file L1A extension, i may not be able to get the approval notice by the end of year. So DMV would not extend it. Can i get some letter from somewhere or just ask for I-94 extension without petition extension, which might happen quickly.
4. My wife has an EAD and it expired on 5th Nov 2009, since she is not working at this point (and out of laziness), we did not file for extension. Is she out of status or back to L2 status? Do we need to apply for COS.
Please help me resolve simple question.
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wc_user
07-19 12:27 AM
I have changed jobs using EAD after 1.5 years of filing I-485. Can I file for a new Eb-2 case with my new employer and port the priority date of my EB-3 case ? Thanks.
more...
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mk26
12-05 03:27 PM
Can my current company continue my GC even if I transfer my h1 and join another company?
Priority date - May 2007
I-140 Approved - Jun 2008
Waiting for date to be current to file I485 and my current company is ready to continue the GC process even if I transfer my H1 to another company.
Your expert advise will really be a help for me to take decision on this , is it wise to change h1 now?
Priority date - May 2007
I-140 Approved - Jun 2008
Waiting for date to be current to file I485 and my current company is ready to continue the GC process even if I transfer my H1 to another company.
Your expert advise will really be a help for me to take decision on this , is it wise to change h1 now?
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anilkumar0902
08-15 12:52 AM
Thank you for the response dentist1.
I am not sure on how to interpret LUD, here is the summary
1. 485 received date Aug/1/2007, notice date Sep/27/2007 - for all three of us.
2. We applied for a change of address in May/2009 and received acknowledgement from USCIS in June/2009 - for all three of us.
3. My son's RFE response acknowledgement dated July/2009.
Please help me to figure out LUD for our applications.
Thanks
LUD : Last Update Date
It shows up while you check your case status. You can easily see all of them, if you sign up for case updates on the USCIS website..It is very easy to set-up as you can see for yourself.
Good luck for next month
Cheers
I am not sure on how to interpret LUD, here is the summary
1. 485 received date Aug/1/2007, notice date Sep/27/2007 - for all three of us.
2. We applied for a change of address in May/2009 and received acknowledgement from USCIS in June/2009 - for all three of us.
3. My son's RFE response acknowledgement dated July/2009.
Please help me to figure out LUD for our applications.
Thanks
LUD : Last Update Date
It shows up while you check your case status. You can easily see all of them, if you sign up for case updates on the USCIS website..It is very easy to set-up as you can see for yourself.
Good luck for next month
Cheers
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minimalist
05-23 09:21 PM
My wife was on H4. Her VISA and I94 are expired. I'm still on H1 (valid). Our 485 applications are pending. We have valid EAD cards but not using them. Can I apply for my wife's SSN using the EAD Card + I485 Receipt? Or does she need to have valid I-94 along with the EAD to apply for SSN? Does she need SSN to work on EAD?
You should be able to apply for SSN with EAD. Please read the SSN filing instructions and come back if you have any specific questions.
You should be able to apply for SSN with EAD. Please read the SSN filing instructions and come back if you have any specific questions.
darsh678
02-12 02:29 PM
Hello
I have got done my medical exam required for adjust of status.
My doc gave me only a single sheet of page in a sealed envelop to send to the USCIS for the purpose.
My QUESTION is, is it only one page to be submitted in the sealed envelop, as the form doesnt have any of my passport details or reciept numbers for the form 140's/485
He has only given me page 3 of the attached file, is that sufficient?
http://www.uscis.gov/files/form/I-693.pdf
http://www.uscis.gov/files/form/I-693.pdf
Please advice as i have recieved an RFE for this in January and have to submit it in a timely manner.
Thanks.
I have got done my medical exam required for adjust of status.
My doc gave me only a single sheet of page in a sealed envelop to send to the USCIS for the purpose.
My QUESTION is, is it only one page to be submitted in the sealed envelop, as the form doesnt have any of my passport details or reciept numbers for the form 140's/485
He has only given me page 3 of the attached file, is that sufficient?
http://www.uscis.gov/files/form/I-693.pdf
http://www.uscis.gov/files/form/I-693.pdf
Please advice as i have recieved an RFE for this in January and have to submit it in a timely manner.
Thanks.
vkannan
08-07 04:05 PM
Hi
I have similar situation with my EAD renewal too, my employer filed my EAD renewal, my I-485 case is pending in TSC (txed from NSC) but my renewal was sent to NSC, when enquired, following is the response I received back from my companies Immigration group,
"Renewal applications are filed based on the location of your residence, as per CIS requirements"
I am based out of MN, hence NSC.
Hope this helps.
I have similar situation with my EAD renewal too, my employer filed my EAD renewal, my I-485 case is pending in TSC (txed from NSC) but my renewal was sent to NSC, when enquired, following is the response I received back from my companies Immigration group,
"Renewal applications are filed based on the location of your residence, as per CIS requirements"
I am based out of MN, hence NSC.
Hope this helps.
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