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  • kavas
    03-31 10:12 AM
    why do u think so rajesh..most the senators R and D are speaking of their own immigrant experiences andsupporting illegals.
    even if the bill passes ,we r not getting much relief if in eb3.we should be trying for a amendment to remove country cap or file i-485.time is slipping from our hand s though and only lobbyist can do anything at this point




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  • TomPlate
    07-09 08:28 PM
    There are lot of people from good companies expected to FILE 1485 and the company takes care fully. So we may not be able to join unless the company says yes.

    Such companies are

    Cognizant Technology Solutions
    Polaris Software Lab
    HCL Technologies
    Covansys and other companies




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  • lost
    07-21 09:32 AM
    Hi,
    I got appointment letter for Biometrics from USCIS. I already gave in 2007.
    Why are they asking again? and I only got this, my husband and son didn't get it.

    Right now I am on EAD, since last december(2009) I am not working, will there be any issues as I am the primary applicant.

    Thanks

    You are the primary applicant and not working? Is this ok?




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  • ttdam
    10-18 01:19 AM
    Hi

    I m starting a new thread for people whose 485 packets sent to VSC for receipting and returned back to TSC for 485 adjudication

    EB3
    PD 10/04
    RD 08/03
    ND 10/12

    I-140 filed @ TSC, I-485 sent to TSC. Checks cashed from VSC and I-485 returned back to TSC

    I-765, I-131, FP are pending.



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  • kisana
    06-26 09:34 AM
    Today I found out there was a soft LUD on my I485 application. I am not sure what it is. How can I find what is going on with my I-485 application. Befre that there was a soft LUD on my travel document which I file in 2007 after that I did not file that. I just want to know what is going on with my application. Please let suggest.




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  • mnq1979
    12-20 08:13 AM
    thank you so much for the reassurance, have been getting mixed reports of immigration officers denying re-entry, so am a little perturbed :) dont want to be stuck in a situation where i cannot re-enter :)

    dont worry.....you shd be fine...think +ve and remain +ve...!!!!!!!!!!



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  • Blog Feeds
    08-12 09:50 AM
    I recently received an inquiry at my San Francisco immigration law office from an "employer" who recently discovered that a person whom he had hired as an independent contractor was in the United States illegally. The employer had not originally known that the "employee" was illegal because independent contractors are exempt from the requirements of the Immigration Reform and Control Act (*IRCA*) (https://www.oig.lsc.gov/legis/irca86.htm) that require an employer to verify that an an employee is authorized to work in the United States. The "employer" wanted to explore the options of legalizing the contractor. While thinking about the options, I became interested in how the law defines an independent contractor.

    According to 8 Code of Federal Regulations Section 274a.1(j) (http://www.californiaimmigrationlawyerblog.com/8cfr274a.1.pdf) an independent contractor is an individual or entity who carries on an independent business, contracts to do a piece of work according to their own means and methods, and are subject to control only as to results.

    The decision of whether or not someone is an independent contractor is determined on a case-by-case basis. Factors to be considered include whether the individual or entity:



    supplies the tools or materials;
    makes services available to the general public;
    works for a number of clients at the same time;
    has an opportunity for profit or loss as a result of labor or services provided;
    invests in the facilities for work;
    directs the order or sequence in which the work is to be done and determines the hours during which the work is to be done.


    I began to wonder if people used independent contractors to get around the IRCA requirements. Apparently Congress thought about that as there is a regulation which states that an "employer" may not avoid the requirements of IRCA by hiring an independent contractor if a person or entity knowingly uses a contract or subcontract to obtain labor or services of an unauthorized alien. 8 C.F.R. �274a.5 (http://www.californiaimmigrationlawyerblog.com/8cfr274a.5.pdf).



    More... (http://www.californiaimmigrationlawyerblog.com/2009/08/there_will_always_be_illegal_w.html)




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  • st4rguitar
    04-06 01:51 PM
    Hello
    My Labor approved in May 2007, Still i didn't received my Labor Hard Copy.

    Anyone in same boat??:eek:

    You will not receive the originals. They will go to the entity that filed your LC - if a lawyer filed for it, the original will go to the lawyer. If the employer filed for it, the original will go to the employer. You will have to sign one page of the original document (which the employer/lawyer should send to you) before filing your I-140. The employer does not legally have to provide you with a copy of the LC either.
    Now, if your employer/lawyer have not received the original from the DOL, he/she can follow the instructions as stated on the PLC website to obtain a duplicate certification copy. Although from what you are saying, if it was approved in May of last year, it will have expired by now anyway.



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  • kramesh_babu
    08-06 08:23 AM
    Hi,

    I got my I-140 approved last week at Texas Service Center and the status was Approval notice sent. Today, I got an email from CRIS mentioning this case has been transferred to Nebraska Service Center for processing where my I-485 is pending.
    Can anybody throw some light on this?

    Thanks,

    Shruthi07

    Online status shows:

    Application Type: I140 , IMMIGRANT PETITION FOR ALIEN WORKER

    Current Status: Case Transfered to Another Office for Processing

    On June 3, 2008, we transferred this case I140 IMMIGRANT PETITION FOR
    ALIEN WORKER to our LINCOLN, NE location for processing and sent you a
    notice explaining this action. Please follow the instructions provided
    on the notice. We will notify you by mail when a decision is made. If
    you move while this case is pending, call customer service at
    1-800-375-5283 to update your address. You can use our processing dates to
    estimate when your case may be processed by following the link below. You
    can also receive automatic e-mail updates as we process your case by
    registering in the link below.

    Shruthi, I see the similar message below on my I140 as well which was approved a year ago. Did you have any updates after that ?

    On August 5, 2008, we transferred this case I140 IMMIGRANT PETITION FOR ALIEN WORKER to our LINCOLN, NE location for processing and sent you a notice explaining this action.




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  • Since1997
    08-21 05:02 PM
    Today TSC processed only 863 cases:
    src0725250000 - src0725250863
    :confused:



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  • Ann Ruben
    10-22 12:26 PM
    Kuyt,

    As a general rule, the person or entity petitioning for (sponsoring) a person (beneficiary) for lawful US immigration status must be a legal resident, asylee, refugee or citizen of the US up to and including the point in time that the beneficiary is granted lawful status. There are possible exceptions to this rule. To provide advice regarding your situation more information is necessary:

    What is the sponsor's current US immigration status? What is the nature of the potential criminal conviction? Is the person being sponsored the principal beneficiary of an immigrant petition or is s/he a derivative beneficiary because the "sponsor" is actually the principal beneficiary? Is the immigrant petition employment based? Family based?




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  • razis123
    03-27 05:28 PM
    The expenses for a normal delivery would be between 10-15000$ if everything goes fine.Medicare help is from federal so it would be better if its not taken risking the GC.Usually the hospitals gives some break depending upon family income, so even if its 50% its not bad.Else going to home country but at this stage doesnt look wise.



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  • pdakwala
    05-30 01:52 AM
    Thanks to everyone who had called me directly. I got pretty good response and I appretiate your interest. I would like to thank everyone who posted the message on this thread and kept this thread alive.

    I don't need any more assistance. Please keep doing what you are doing currently. Keep up the good work.

    Cheers




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  • sbmallik
    06-26 08:31 AM
    Probably this is a case of processing error. The I-485 was denied based on I-140 denial. I would try for MTR on the I-485 with I-140 status.



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  • gauravster
    04-17 04:12 PM
    Hello,

    I am here on a H1B visa and my wife is on a H4 Visa. She has recently been admitted to a masters program and would start going to school soon.

    1. We want to get a F1 visa for her, so that she can get paid for some work in the campus. Would it be possible to get the F1 visa in Canada. Does anyone have any recent experience on getting this done ?
    2. Say we not apply for a visa but only apply for a change of status and do not even go to India or anywhere else before the completion of her program. After that she would go on an OPT. If we go to India then, would it not be a problem in getting a F-1 visa, as her education would already be complete. Does it mean that she should get her visa stamped before she completes her education.

    Thanks,
    Gaurav




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  • moonrah
    07-26 09:47 PM
    Hi Rosebell,

    Thanks for the reply. How to show that labor is pending for more than one year? How to get a proof for that? Can I get it from any website?

    Thanks,



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  • shx
    01-04 03:57 PM
    Can you please post some details here too? I know absolutely nothing about this, but would like to know. Thanks!




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  • mbawa2574
    03-11 05:49 PM
    http://travel.state.gov/visa/frvi/bulletin/bulletin_4438.html




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  • learning01
    04-06 01:12 PM
    Else where in IV (http://immigrationvoice.org/forum/showpost.php?p=7026&postcount=172), I posted that the core bill under consideration is Specter S.Amdt 3192, which has already amended Specter's S.2454. So, the Hagel-Martinez 3 core provisions will be added to S.Amdt 3192.

    But what about the discussion of other 228 amendments now cloture has passed and discussion and voting allowed on these.




    factoryman
    06-21 05:43 PM
    My thinking was : I think it is small (citation and fine); so, you can ignore it.


    Thanks for reply
    How can I find was it for misdemeanor or battery or felony?




    yogi13
    06-28 10:24 AM
    My wife have a birth certificate from the muncipality. The birth was registered soon after she was born and her parents named her before registration so there are no issues as far as late registration or "no name" is concerned. The only concern I have is that the birth certificate mentions only the first names of her and her mother although her father's full name is mentioned. Will this be a problem. The muncipalities in India register the birth in this manner, their explanation being that a child's full name is his/her first name followed by the father's full name. Similarly a married woman's full name is her first name followed by the husband's full name. I know this is not necessarily true in the USA. So I was wondering if this might be a problem.
    Is there anyone in this forum who had a similar situation and their certificate worked?

    Any insight on this will be greatly appreciated.



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