Saturday, June 11, 2011

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  • Blog Feeds
    07-13 12:48 PM
    I am writing the second of a multi-part series of posts on how to bring family relatives to the United States permanently. The first post I wrote provided general information on bringing family relatives to the United States. (See my post, "Can I petition for my relative to immigrate to the United States?" (http://www.californiaimmigrationlawyerblog.com/2009/05/can_i_petition_for_my_relative.html)) This post will focus on how to petition for your brother or sister to come to the United States permanently.

    In order to petition for your brother or sister you must file Form I-130, Petition for Alien Relative (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c67c7f9ded54d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD) with United States and Citizenship Services ("USCIS") along with proof that you are a United States Citizen and that you are related to your brother or sister. I will discuss the steps you must take in more detail below.

    Obtain Form I-130 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c67c7f9ded54d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD)

    You may obtain Form I-130 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c67c7f9ded54d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD), by clicking on the link in this post. At the same time that you obtain the form, you should also print out the instructions to the form. They are more detailed than the instructions I will provide in this post and provide the mailing address to where you will need to send the form.

    Proof of U.S. Citizenship

    You may prove that you are a U.S. citizen by sending one of the following documents to USCIS with your petition:


    A copy of your birth certificate (if you were born in the United States) issued by a civil registrar, vital statistics office, or other civil authority.


    A copy of your naturalization certificate or certificate of citizenship issued by USCIS or the former INS.


    A copy of your Form FS-240, Report of Birth Abroad of a Citizen of the United States, issued by a U.S. embassy or consulate.


    A copy of your unexpired U.S. passport. OR


    An original letter from a U.S. consular officer verifying that you are a U.S. citizen with a valid passport.





    More... (http://www.californiaimmigrationlawyerblog.com/2009/07/how_do_i_bring_my_brother_or_s.html)




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  • vikki76
    02-13 12:45 AM
    MS+0 works fine for EB2. Couple of my friends have got GC through this qualification only.They were B.Tech Computer Science + Master Computer Science (US)




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  • ashima
    09-12 08:44 PM
    i had tb 5 years ago,and i am perfectly ok but in x-ray still has scars.what should i do?i have a lots of tention ?becoz in gc medical exam is compulsory .even though i am perfectly ok now still have scars.plz suggest me what should i do?




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  • saileshdude
    02-17 05:01 PM
    As far as I remember , there was an FAQ somewhere in USCIS website that mentioned that they will not ask for 2nd FP again. I may be wrong but I think I had seen it somewhere and this also discussed in some thread on this site.



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  • angelfire76
    06-04 02:53 PM
    A friend of mine who's an account manager with Wipro said that all their H1 extensions have received multiple RFEs, with the standard wording on each RFE (client contract details, no. of people working at that location, immigration status of the people working at that location, demonstrate that the job is a specialty occupation (H1Bs for janitors anybody? ) ), client letter (even if the H1B is for a project starting 2 months down the line with a valid SOW)
    Looks like the adjudicating officers have a standard template which they issue to all non-product companies as RFE. It's plain harassment that's all foolishly thinking that if we drive the H1Bs out then automatically the companies will be forced to hire locally. What they don't understand is that the companies will offshore even more work, as already being done by hiring one GC guy to co-ordinate the rest of the team in India. :rolleyes:




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  • eeezzz
    10-09 04:14 PM
    and when the processing dates move forward, the pd will retrogress. they will find ways to scr** this way or that.

    I think processing dates only matters about if you can do SR. It doesn't matter if they are going to adjust your I-485. The reason I think this way is based on processing date for EAD and AP. Myself and many people got EAD or AP and our dates are no where close to the date list on processing center. So I think processing center date not really matters if they have your case in hand and ready to adjust.

    Maybe when the boss at USCIS thinks CSR are bored, they will adavnce the date to keep them busy with SR.



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  • indyanguy
    06-30 09:33 AM
    I am having a little difficulty understanding this. If you are not so sure about approval in EB3 category how do you plan to apply in EB2 category? Moreover what makes you think that your EB3 I-140 may be denied? Even if it is a Labor substitution case if your application is strong, you should not have any issues. Your employer must support your EB2 application otherwise it is not possible.

    According to my lawyer, the success of Labor substitute cases depends a lot on the previous work experience letters. Since I wasn't able to submit all the EVLs that exactly match the title and the skillset, it makes the application weak.

    I have a MS in CS and there is a position in the company that requires a MS position which makes me eligible for a EB2 application. One of the main reason for an alternate EB2 application is to have something as a backup if my EB3 goes bad.




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  • EndRetro
    03-08 09:38 AM
    http://www.cnn.com/CNN/Programs/lou.dobbs.tonight/



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  • snram4
    08-04 06:26 AM
    SA 4319 is not being considered so far. It is not quoted anywhere except IV website. Because CIR is ruled out for 2010 any pro or anti immigrant bill will not be considered most likely. This is just fear that SA 4319 will be attached to any other bill. The chance of passing this bill is 1% without CIR. But with CIR there is 80% chance of attaching with CIR.

    I received the same email too.What a pity.....




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  • leo2606
    09-15 08:20 PM
    I would think at this point every thread should talk about just DC activities next week, chandu is right.

    You might say even I have too much time in my hand, YES I have for IV activities and monitor people like you who are demotivating others.

    Thread number 8 by Chandu......you must have filed under EB - "Too much time on my hands"



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  • number30
    04-07 07:08 PM
    Thats a little strange, as employers now a days are suggesting to use EAD instead
    of H1's as the extentions itself has problems. And based on what i know its
    ok to be on EAD instead of h1. Either way there is not much difference.

    It is not strange from employer perspective. That way they will not be subjected to auditing from DOL. And they can show less number of H1B employees. Some people also gets advantages of non- H1B dependent employer.




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  • gcpool
    03-12 06:29 AM
    The above is right. But make sure its applied all over the application. If not the application will be returned to you. Use the above argument in the front and then attach both the I-140s and then mark on the I-140 which is original one and which ones priority date is being used.
    Do this for every applicant. Get it done via an attorney who has done this before. Most of them dont even have a clue how to do it.

    It can be done at I-485 stage.


    Thank you all for your response. As per him ( my attorney) - you apply for I-485 with the new I-140. Provide reference to earlier PD as reason for your application. He provided the following text from the USCIS's I-140/I-485 adjudication document.

    If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
    Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification

    ANYBODY HAS A DOCUMENT COUNTERING IT ( STATING IT CAN NOT BE DONE AT I-485 OR IT MUST BE DONE AT I-140). PLEASE PROVIDE LINKS OR REFERENCES. SORRY FOR THE URGENCY.



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  • vontlin
    10-03 06:39 PM
    My student advisor asking me to show the I-94 Parole not expired, i didn't renew my AP last year since i was not going to travel.

    Question is, do we need to travel every year to show the I-94 unexpired to get the FAFSA Loan




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  • frostrated
    10-26 02:03 PM
    "NO right turn on Red" can be thought of as an image. Whenever we read anything, we do not actually read the spelling of the word, but we look at the image the words form. That is the reason we sometimes have difficult when the letters are not legible as the image does not map to anything in our permanent memory. humans or any animals recognize through visual stimulii, not reading. Think more on this, it is interesting to the solutions that come out of it.



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  • randallemery
    06-06 07:04 AM
    My home city is holding a hearing tomorrow on immigration, and I'd like to offer up the opportunity to take your collective feedback to the hearing.

    What are the issues that you face in everyday life? What are things you have to do now that infringe on your ability to be as productive as you could? What are things that you are prevented from doing?

    How do you think local governments might act to improve the situation to the benefit of everyone?

    Cities do have an interest. For example, divided families have well documented ill affects on children that lead to risky behaviour and increased local social issues. City tax revenues are lost by the inability of H1B visa holders to start a business or to move to higher paying jobs.




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  • prout02
    08-13 07:49 PM
    My infopass IO told me so. My wife's namecheck got cleared last October. However, it was waiting for mine and it cleared the hurdle July 08. So yes, it matters even if one year has passed since I applied for 485.



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  • sajimm
    03-04 09:18 AM
    This is going to impact lot of people.

    Here is the link to the actual memo.
    http://www.uscis.gov/files/nativedocuments/national-security-adjudication-reporting-020909.pdf




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  • teky
    11-12 08:24 PM
    If its the same category Mexico works. Different category For. eg. F1 to H1 Mexico is not good anymore.

    ** This is what I know but please consult an attorney.

    Teky.




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  • now2know
    May 18th, 2005, 07:55 AM
    Thanks for all this information!

    We are taking these images as source data for visual rendering. We need to capture all data from nominal light levels up to the solar disk into one hemispherical image. To learn more about what HDR is, here's are some sites:

    http://athens.ict.usc.edu/Research/HDR/

    http://www.luminous-landscape.com/tutorials/hdr.shtml

    Switching Jobs and EB Category [Archive] - Immigration Voice

    View Full Version : Switching Jobs and EB Category





    sidd
    07-04 10:44 AM
    Rayyan,

    Here is my experience. I attended interview at Chennai Consulate on 06/23/08 (H1 approval notice - 2006). Got my passport back in 2 days. No PIMS delay as my info was already in their system. My daughter (H4 approval notice - 2006 and principal applicant is my husband) attended the interview on the same day. However, her info was not available in PIMS. They kept the passport and said it will be sent within a week. I sent an email (to ChennaiNIV@state.gov) on 07/02. They sent a reply asking me to contact them again in 3 days. By God's grace, she received her stamped passport on 07/04.

    Now, answers to your questions:

    Chennai appointments slots are normally open 3-4 weeks in advance. Make an appointment accordingly.

    I think the info is added to PIMS on a routine basis. Making an appointment does not seem to have any effect. If, on the day of your interview, your info is there in PIMS, it is there. Otherwise, you will have to wait till the time they add it.

    I normally go to Chennai as that is my regional consulate.

    I am not aware of any specific way to make them add your info to PIMS (if it is already not there) before you actually attend the interview.

    We have always followed one very successful strategy in all our visa dealings with US consulate namely, PRAY TO GOD.

    All the very best for your interview.

    Disclaimer: I am not a legal expert on visa stamping procedures or on any of the issues discussed above. These are all my opinions/assumptions only purely based on my experience.

    Hi sk76012w,

    Congrats and thanks for sharing your experience. I would really appreciate if you can reply to my couple of questions:

    1. Was it a H1B renewal for yourself?
    2. Your approval notice was approx. for which month of 2006?
    3. As I can make out, your daughter attended the interview with the H1 Approval Notice of your husband? And that means, the information for your husband's H1 petition was not there in PIMS. Am I right here? Can you please let me know which month/year your husband's approval notice was for?

    Thanks.




    luish73
    07-21 10:59 AM
    This is a 100% partisan vote. Most yes are R most No's are D



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