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  • prom2
    10-30 08:25 AM
    My lawyer received our AP's yesterday. They sent me a photocopy. Even though the TSC IO said that my application was approved on 10/17/2007, the travel document has a date of 10/11/2007. Good luck to you.


    I haven't received them yet.

    Thank you.




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  • maresco10
    04-17 12:24 PM
    Your story does not look credible to me.

    Why are you working for an illegal. How did you get your I140 approved working for such an employer? Are you an anti immigrant trying to get members tell you some illegal ways.

    You cannot get your Labor or I140 approved via a phoney employer. All these are legal processes and lot of checks happen. I find something wrong in your story.

    If you still feel it is credible, then with such problems, you need a legal advice not a forum advice.


    Maybe there is a confusion, what I think it is illegal is the contract, the employer is legal, that is way I obtained the visa and the I140.




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  • AmericanInSpain
    04-08 11:46 AM
    I have a similar situation and I want to hear more about working remotely using a non-work resident visa...

    - I am a US citizen preparing to telecommute for 18 months from Spain. I'm employed by a US company, and will continue receiving US dollars in my US bank account.

    - I am moving to Spain using a Multiple-Entry Long-term Student Family Visa. My husband will attend business school there in Spain, and I will be granted the visa as his dependent. We will obtain Student Residence Permits once we arrive in Spain this August.

    - My US company has no offices in Spain, nor does it pay any Spanish taxes. The work I would be doing would be for the US, on a US internet domain, and I would be paid in US dollars.

    My company's legal counsel is saying I must obtain a work permit to legally work remotely from Spain. But my company has no existing entity there!

    I saw "Frostrated"s thread below and was hoping someone could provide more on the topic. Thanks!

    Spain has two types of resident visas. One that allows you to work, and the other that is purely for residence only. If you have a residence visa that allows you to work, you have to find employment with a Spain company within 30 days of your visa being approved or your entry into Spain, which ever is later.

    About you working from Spain on a non-work resident visa, it is possible, as long as the work that you perform is for a company that is outside of Spain, has no offices in Spain and does not file business taxes in Spain. It is equal to you working for yourself without pay or benefits. Whatever you earn, you are earning in a foreign country where Spain does not have jurisdiction.




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  • go_guy123
    05-14 06:13 PM
    It is time to pass the DREAM Act.

    DREAM Act is held hostage up by the CIR advocates just like skilled immigration.

    But the repeated failures will weaken the CIR coalition as some Latino organizations
    like MALDEF have grudgingly started thinking about piecemeal options.

    Dream act gives GC to illegals brought here as children by illegal parents. But then why shouldn't non-USC children of H1B get
    GC before non-USC children of illegals. It is extremely hard to justify illegals are ahead of line of legals. But legals themselves
    are so massively backlogged that asking illegals to go to the end of the line behind legals means nothing (practically) for illegals
    amnesty advocates. H1Bs/EBs will put up with the country quota pain but La Raza et al will never buy that.

    In fact, it is hard core anti-amnesty camp that is using the "piecemeal" strategy and winning again and again by ratcheting up the pressure through piecemeal bills like REAL ID act, Arizona law and its copy cat in different states.



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  • IneedAllGreen
    03-09 04:58 PM
    My I-140 is stuck at NSC from more than 750 days. I had 2 RFE's and last one was answered 4+ months ago. Last Friday my attorney had raised SR for my case after we answered our RFE. Can anyone share how long it takes for USCIS to answer on SR in case of I-140 application? :confused:

    Your input is appreciated.

    Thansk

    Any enquiry on 140 can only be done by the company or the lawyer. You have no other option except being nice with them:mad:




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  • bearstory
    02-25 07:08 PM
    Hello,
    I came here as F1 visa but I'm out of stutus now. Here is some background:
    I came here in september 2006 as F1 visa. I took 2 english quaters at the university then tranfer to another school in april 2007 ( Let calls them MSU). MSU gave me I 20 and it expried on March 2010. But due to financial problem, I did not register class at MSU after april 2007 so I was out of status. After that, I started register class at MSU in september 2008 and stoped in april 2009. I did not register any class after april 2009. I talked to my advicesor and she said, since I have been in school on and off so no matter that i went back to school some, I still out of stutus.

    I have been my boyfriend for almost 3 years now and we want to get married ( He is an US citizen). I really dont know if i will get trouble because of my stutus or where to start? like what files do we have to fill, etc....
    Any advice would be appreciate! Thank you so much for your time!



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  • yabadaba
    06-29 10:07 AM
    ^^^^




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  • saimrathi
    08-22 02:53 PM
    Any ideas about this query?

    Thanks for the reply gc_chahiye.
    If i upgrade my H1 to premium, would they upgrade and process my wife's H4 in premium. I know that there is no premium for H4. If i would have opted for PP at the time of submission, both the apps would have been processed in premium, but now since we have separate receipt numbers for H1 and H4, would they be processed at the same time. Any past experiences?????



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  • skarthy
    08-12 05:54 PM
    hello all,
    Lets say you are a citizen here or your son is a citizen becasue he was born here.
    Then you decide to go back and he starts studing with the PIO, I guess that works till he gets to college(Govt colleges are NRI quota right?)

    Then when he want to work there dose he have to get a VISA like us comming here to work ?

    I ask this becasue a friend of mine said a major IT company in India said that such a person cannot work in India without a VISA and they are not sponsering any visa's now.

    so when he tried to come to the US, it seems that he had to pay for all his education as an NRI would have paid.

    also if you reject the US citizenship and US is not going to give you any visa..ever !




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  • aadimanav
    11-02 10:22 AM
    I think since in their case there is not Labor Certification process so their PD is the day they file I-140.

    Internet - In either case, it helps EB3 for the next yr as these 61,000 nurses are removed from EB3 quota.

    Also I am wondering whether nurses also have PD or something like that. If most of them have PD > 2006 then they will not be able to use EB3 visas as it is retrogressed and stuck at 2001/2002.



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  • xbohdpukc
    03-14 04:27 PM
    If i140 is revoke by earlier employer , will it possible to port PD to new employer?.

    No




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  • sunny1000
    12-14 12:15 AM
    Hi,
    If married in India & want to take divorce in USA what is the procedure & will it be a valid divorce?

    Sorry to hear that your marriage did not work out. If there is a way to work it out, please do via marriage counseling.

    If not, give us some more details about your present situation to give you a qualified answer. I am attempting with what I have.

    I assume that you both are Indian citizens.

    If you and your spouse consent to the divorce mutually, you can obtain it here in the U.S (in your state of residence) as per the state law since divorce in the U.S is a state subject OR get it in India by mutual consent (it takes 6 months to obtain a divorce by mutual consent).

    If your divorce is going to be contested and you both live here in the U.S, then, you can file here provided you believe that your spouse will not take refuge under the Indian laws by going back at any point during the start of the process (once you serve her/him with the Notice of action and she/he responds to it in the Court here in the U.S, that court has the jurisdiction usually).

    If your divorce is going to be contested by your spouse AND if he/she is moving to India OR if already living in India, you are better off filing there. But, believe me, in this scenario, there is no good answer as you are in the lose/lose situation. Here is why:
    1. It is very difficult to get a divorce in India, if contested (especially if contested by women) and it takes a very long time (average is 3 years in the Family court and it takes another 5-8 years to go thru the appeals process in the High court and the Supreme Court, if one of you choose to do so).
    2. He/she can counter your divorce by filing what is called "Restitution of conjugal rights" (yes, India is one of those countries which still has this section) which entitles him/her temporary maintenance until the cases (both Restitution and Divorce) are settled, if he/she is not working (it runs in the average of Rs.35000 to Rs.40000 a month for you, if you are a working spouse from the U.S). Based on the final judgement, you will be responsible for a final settlement which may include property, monthly/one time alimony, child support etc.
    3. You will have to appear for every hearing in person which is every 15 days to a month (exception is Karnataka where you can give power of Attorney to a relative. Even in that case, you will have to fly in every 6 months).
    4. If her/his lawyer is a scumbag, he/she can harrass you by threatening to file false charges against you.

    Please note, getting a divorce ex parte in U.S is very difficult and is also not valid in India. Your spouse can contest that in the Indian Supreme Court and you will be issued with a subpoena/summon. Failure to appear will lead to an arrest warrant.

    Do a lot of research if your divorce is going to be contested in India and PLEASE consult a VERY qualified attorney in divorce law who can also handle international laws about divorce. This gets even more complicated if you have children. If any lawyer tells you that it will be over in 2-3 hearings, don't believe that unless it is a divorce by mutual consent.

    From my personal experience, please try the best to get an out-of-court settlement (by hanging the pride and ego outside the door) as it saves a lot of time,money and agony for you and your family. Contested divorce is one of the most painful experiences in one's life and it does leave a permanent scar.

    Good luck.



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  • kate123
    04-07 09:38 AM
    Kate, do you personally know the two cases? Just curious. Thanks!

    I do not know them personally.. I came across those cases on T.. r. A. c. K. i. T. t. :)




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  • a_yaja
    01-13 12:28 PM
    Please note that the petitioners statement of the beneficiarys prior employment is insufficient evidence. A letter of reference must be written by the employer from whom the beneficiary was employed and obtained experience in the job offered prior to December 25, 2004. Such references must be submitted to cover twelve months.



    The above statement makes me wonder if the lawyer submitted the exp. letters at all. Sometimes lawyers are idiots and they miss crucial items.

    As far as IO being satisfied and what are his next steps is hard to say. The usual process is to first provide NOID (Notice of Intention to Deny), which will give you one more chance to clarify matters. But one can never say.

    On the bright side, your case will be processed quickly and the I-140 wait will be over.

    Good luck on your I-140 approval.



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  • jonty_11
    06-18 01:27 PM
    Does the passport have to be valid for at least 6 months at the time of filing 485?




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  • rockstart
    07-31 08:09 AM
    The way education system is set here they always want to see 12+4+2 pattern. Now when you say 12+3+3 which adds to same it is true but you will have to get some proffessional degree evaluation service to break down your BS and MS degree by course and credit hours and prove that it is equivalent to US degree's. Also I am not sure what university / institute did you get your degrees from. In case they are well reputed then it will make the task a little easy.


    Thanks for the response.

    I have 3 year BS degree in computer science
    &
    3 Year MS degree in computer science. S0 total 6 years in the same field(computer).

    Thanks.



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  • angelfire76
    04-23 01:20 PM
    I know it is a loss in priority date. But my point is: "does fighting with the lawyer, give him his time back?" In fact by that he is loosing his valuable time and energy further.

    If there is "ANY" method to get his "LC" approved with the same priority date, I totally agree he should do that.

    That is what I mean by "focus on your goal". If your goal is to fight with lawyer for a cause, just do it. You will at least feel happy that you did the right thing, whatever you felt right.

    Also "you pay the lawyer to represent you and to do things for you". The "payment" is not for a 100% error-free service. It is always back on your shoulder to make sure the lawyer is doing the right thing. Many of you may not agree, but that is my view. It is just a service. Not an "error-free-guaranteed" service.

    You must be a lawyer, the ambulance chasing kind. Try the same line of argument with your boss when the system (assuming you are a IT guy) that you built and deployed into production fails and you want more money to fix your errors.

    The reason we engage a lawyer and not do the stuff ourselves is because we don't know enough of the (unnecessarily complex) US immigration law. The least thing the lawyer can do is review the form before submitting it to DOL.

    No wonder with guys like you, like teli said, we are stuck in an absurdly long immigration queue.

    To the original poster, file a MTR (Motion to reconsider) soon with the help of another lawyer if possible with an explanation of the error. If the mistake is genuine, DOL will reopen your case.




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  • addsf345
    11-13 03:52 PM
    With his executive power he could expedite the adjudication of I-485. Call President Bush. :D

    also, I heard that if you serve in armed forces, you may qualify early. check on that too. what about asylum... sorry just kidding with you :) Hope IO will get time to look at your case soon and you would be approved.




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  • redddiv
    07-18 07:02 AM
    hi Guys,
    I was thinking over this for quite some time. Why dont we hire one or two immigration attorneys on a full time basis. And lets start am immigration office where we can have all our immigration works (doubtful) but the future immigrant works ata marginally cheaper rates with high quality of service. If we keep a no profit no loss mantra, it would be helpful to everyone and also it will make this organization very strong.
    Lets discuss its relevance? What does the Core think about this.?




    neel_gump
    01-29 11:51 AM
    no OCI for minor kids...you can get more info @ http://www.indianconsulate.com/




    hydubadi
    03-31 12:19 PM
    Thanks for the reply.

    How to dispute against this fake criminal record in background check.



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