Saturday, July 2, 2011

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  • jobelaw
    06-09 01:06 AM
    My question is regarding Citizenship. My mother married my step father in the year 2000. They have 2 children one is 7 the other is 9. My mother did not adjust her status right after they married. she waited a few years. She received her green card on November of 2006. "the one that renews every 10 years. This year she separated him because she cheated on her. They are not legally separated or anything like that. She wants to become a US Citizen but we think it might be a problem since this year they did not file taxes together. When she did her taxes she checked the box that says shes filing married but separately. He does not want the divorce but she does. I told her she should hold of on any divorce and see about getting her citizenship first. What complications can she have since this year they did not file jointly. I appreciate your time and any input





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  • Eberth
    10-23 09:41 PM
    yeah, i just bought it, and it has a lot of great stuff, and i'd love kirupa to have a swift v3 section :D





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  • djmaddy
    07-18 12:23 PM
    Thanks a lot Kirupa!





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  • paystubissue
    03-16 02:26 PM
    Hi all,

    Any thoughts?please let me know.

    Regards



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  • h1-b forever
    04-15 09:08 AM
    Thank you uma001 for your response. My H1-B is valid until Nov 2010. As per your advice, I need get things started. Its so frustrating - job, employer, gc, being away from kids.





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  • ya3
    04-09 07:41 PM
    lol... didn't turn out how I expected it to, but anyhow:



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  • anura
    04-28 01:26 PM
    On the lighter side,

    "Superman renounces his U.S. citizenship

    I thought he died because Bush wouldn't authorize embryonic stem cell research. Anyway he is an intergalactic illegal immigrant from Krypton.





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  • texcan
    02-13 02:41 PM
    no replies? cant believe i am the only one in this situation :)

    please fix your profile, it helps others and helps you get right answers too given everything is context sensitive.

    I did contemplate not filing for AP and keeping h1 and infact planned to get stamping; but after long thoughts i let it go. I figured not filing AP is not worth the risk.

    IMO you should get AP and then travel, you sure can go for h1 stamping.

    HTH



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  • fromnaija
    11-16 01:09 PM
    Even if your status changed to H1 in October 2004 and you started working in November 2004 for a second employer following approval for that employer, I would say it is just 30days and would not be an issue in future GC application. Don't worry about it.





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  • AmericanDreamZ
    10-19 01:36 PM
    H1, H4 (spouse) and H4 (kid) living happily.

    File 485 and gets EAD/AP.

    H1 doesn't use EAD.

    H4 uses EAD and hence looses H4 status.

    I-485 is denied.

    Now, my understanding is that spouse has to go out of country and come back again on H4.

    What about the kid?

    When does the kid loose his/her H4 status? (When both mother and father use EAD)?

    This is just my thought, I would believe when the father (or whoever was on H1) uses EAD, the subsequent H4's would get canceled and their status would be Pending AOS. If 485 is denied, and if H1 person has not used EAD, then both son and mother can re enter on H4.

    -Suraj



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  • devd
    09-11 04:17 PM
    Thanks for the reply,

    Can i call USCIS or it should only be attorney or some authorized persons?

    I agree, Online status is unreliable, but the recent update about undeliverable looks quite straight forward.





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  • desanar
    04-07 10:08 AM
    If you are reading this post, please share your experience or experience of others you have heard.



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  • eb3retro
    06-18 09:42 PM
    Almost a good percentage of IV members are ready to file their I-140/I-485. I was one of the fortunate ones who will be able to file I485, due to the date moving from 2001 to 2003 last month for Eb3. The moment I got this happy news that I can file I-485, I celebrated by contributing $20 to IV. And my request to all of you who are in good spirits as of today due to the dates being current for I140/485, please do the same. This will help IV to continue fighting for the removal of retrogression to the best extent. I am sure all of us agree with me, that there is a long way to go in the journey of this GC. So, please contribute.


    So many views at this thread, but no response..hmmmm...





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  • nozerd
    01-19 03:34 PM
    Date when LC is filed if its in a category where LC is required. If its NIW or Scheduled A then PD is date I 140 is filed.



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  • LegalIndianInUSA
    09-10 11:01 PM
    Apologies if this is covered in a thread elsewhere (doubt it)

    A colleague and I both filed EB2 PERM labors at around the same time in 2005.
    Our 140s got approved roughly together too/
    We both also applied for 485 on July 2nd, through the same lawyer, and both applications went to TSC.
    Both of us saw our checks get encashed on the same date.

    Here's where our applications diverged.
    He received an LUD last friday and his EAD card has been ordered.
    I received an FP request today(monday) but no LUD updates.

    Although our applications are a bit dis-similar (he is married, i filed single), I have this theory that USCIS is splitting their queue, so as to not bombard its internal departments with the flood of work that has recently come in.
    It makes total sense to split people into two groups (atleast), and for each:
    a) send them EAD cards with a note of FP pending.
    b) send them FP notices and do their EAD later.

    (I know another friend who is in group a, while I'm in b)

    Yes, we all like to bitch and moan about USCIS, but thats generally emo-talk.

    So, has anyone else noticed this, or can anyone help me understand what I'm missing here.
    This is just me speculating, but I'd like to throw this thought out there and have it rebound with your inputs.
    :)





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  • franklin
    09-25 02:52 PM
    We should not mention who we are speaking to in a public forum. This will trigger all kinds of opposition flooding to whomever you mention, which will work against us

    Join your state chapter, they will be able to help coordinate and get contacts and visits etc.



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  • varshadas
    01-16 09:01 AM
    I will join as well.

    Thanks,
    Varsha





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  • sbmallik
    06-30 04:52 PM
    You did a good job by traveling out of the country and obtained a new I-94 based on the existing L-1 so that the H-1 status didn't kicked in. Yes, your L-1 can be extended for now as you still maintained L-1 status. Later if you decide to file an H-1 the best thing would be a change of status (L-1 to H-1) application.





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  • pd_recapturing
    10-24 07:57 PM
    Absolutely, you can apply a fresh labor any time irrespective of your filing stage. Lots of people do that.





    EkAurAaya
    11-12 04:23 PM
    http://www.uscis.gov/files/pressrelease/HandLFinalRule110107.pdf

    Generally, adjustment of status applicants must obtain Advance Parole (Form I -131, Application for
    Travel Document) from USCIS prior to leaving the United States or else their applications are
    deemed abandoned. H-1 and L-1 nonimmigrants (and their H-4 or L-2 dependents) are now exempt
    from this requirement. Previously, they were required to present a receipt for their adjustment
    application at the time of readmission to the United States following foreign travel. This final rule
    eliminates the unnecessary burden of presenting this receipt since the application information in the
    receipt is in USCIS databases available to immigration inspectors and adjudicators.





    crazyghoda
    02-13 03:08 PM
    I recently started work with a new employer using my EAD. I have a pending RFE on my 485 which I have to respond to in a couple of weeks. However, today I noticed that my 485 got a soft LUD of the day following the day I started with my new employer. My new employer uses eVerify but I didnt expect that it could be linked with a pending 485. Maybe I am wrong but I see no reason for the USCIS to touch my 485 until I have responded to the RFE.

    Has anyone else noticed something similar when you started with a new employer using eVerify?



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