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Search: Posts Made By: martinvisalaw
Forum: Immigrant Visa 05-14-2010, 11:45 AM
Replies: 8
Views: 5,479
Posted By martinvisalaw
Hristina - you pasted family-based preference...

Hristina - you pasted family-based preference dates, not employment dates. That's why it shows 2A and 2B.
Forum: Immigrant Visa 05-13-2010, 05:45 PM
Replies: 8
Views: 5,479
Posted By martinvisalaw
EB-2 for India has moved only one week since...

EB-2 for India has moved only one week since October 2009, when the date was 1/22/05. Very frustrating.
Forum: Non-Immigrant Visa 05-13-2010, 12:50 PM
Replies: 2
Views: 820
Posted By martinvisalaw
I think you need to have a consultation with an...

I think you need to have a consultation with an immigration lawyer, if you want a legal opinion from someone other than your current lawyer. There isn't really enough information in your question to...
Forum: Immigrant Visa 05-13-2010, 11:08 AM
Replies: 2
Views: 958
Posted By martinvisalaw
It shouldn't have any negative effect. It would...

It shouldn't have any negative effect. It would be better to withdraw the application, rather than just abandon it.
Forum: Immigrant Visa 05-13-2010, 11:01 AM
Replies: 8
Views: 5,479
Posted By martinvisalaw
Visa Bulletin for June 2010 released

Visa Bulletin for June 2010 released:Visa Bulletin for June 2010 (http://travel.state.gov/visa/frvi/bulletin/bulletin_4879.html)
Forum: Immigrant Visa 05-11-2010, 03:44 PM
Replies: 4
Views: 2,258
Posted By martinvisalaw
If your attorney asked for the new preference...

If your attorney asked for the new preference category to be connected with the pending 485, then this should happen automatically. The last one I did like this was approved a couple of weeks after...
Forum: Immigrant Visa 05-11-2010, 03:42 PM
Replies: 6
Views: 2,522
Posted By martinvisalaw
There are some threads on this issue on the AILA...

There are some threads on this issue on the AILA message board. Assuming your lawyer is a member of AILA, s/he can check there if not done already.
Forum: FREE Lawyer conference calls 05-11-2010, 03:41 PM
Replies: 2
Views: 1,714
Posted By martinvisalaw
You cannot file for a new EAD more than 120 days...

You cannot file for a new EAD more than 120 days before the old one expires. You are within that 120-day period, so I would apply ASAP.
Forum: Non-Immigrant Visa 05-10-2010, 03:23 PM
Replies: 4
Views: 1,244
Posted By martinvisalaw
See here for details: Law Office of Elaine Martin...

See here for details: Law Office of Elaine Martin - immigration news: FAQs on recapturing I-140 priority dates. (http://martinvisalaw.blogspot.com/2009/08/faqs-on-recapturing-i-140-priority.html)
Forum: Immigrant Visa 04-26-2010, 05:32 PM
Replies: 2
Views: 565
Posted By martinvisalaw
She can get one year if the LC is pending for 365...

She can get one year if the LC is pending for 365 days, as previous poster said. However, the new company needs to be able to file a new PERM immediately, so she can get an 8th year extension. It is...
Forum: Immigrant Visa 04-26-2010, 05:25 PM
Replies: 6
Views: 1,293
Posted By martinvisalaw
I agree with the posters who say that the...

I agree with the posters who say that the employer is probably trying to frighten you. It is very difficult to restrict a person's right to work wherever they want - or to restrict an employer hiring...
Forum: Non-Immigrant Visa 04-19-2010, 03:53 PM
Replies: 4
Views: 1,068
Posted By martinvisalaw
It's unfortunate that some companies refuse to...

It's unfortunate that some companies refuse to give employees copies of their I-140s. However, if you have the receipt number and the job description as used in the labor cert, that should be enough....
Forum: Immigrant Visa 04-19-2010, 03:44 PM
Replies: 9
Views: 3,854
Posted By martinvisalaw
Hopefully you can address the CIS concerns about...

Hopefully you can address the CIS concerns about where you were working by showing that the I-140 is for a future position, and it is irrelevant (for permanent residence) where you worked in the...
Forum: Immigrant Visa 04-19-2010, 03:43 PM
Replies: 9
Views: 3,854
Posted By martinvisalaw
Hopefully you can address the CIS concerns about...

Hopefully you can address the CIS concerns about where you were working by showing that the I-140 is for a future position, and it is irrelevant (for permanent residence) where you worked in the...
Forum: Non-Immigrant Visa 04-19-2010, 03:37 PM
Replies: 7
Views: 1,828
Posted By martinvisalaw
USCIS also has guidance on its website here...

USCIS also has guidance on its website here...
Forum: Non-Immigrant Visa 04-19-2010, 11:23 AM
Replies: 0
Views: 642
Posted By martinvisalaw
Reporter looking for H-4 holders in NYC

This is her pitch:

"Hello, I'm a reporter at the New York City News Service, an online wire service that features stories about the city. I'm currently working on a story about H-4 Visa holders....
Forum: Immigrant Visa 04-14-2010, 10:57 AM
Replies: 10
Views: 2,193
Posted By martinvisalaw
Yes, you don't need the EAD in order to return to...

Yes, you don't need the EAD in order to return to the US.
Forum: FREE Lawyer conference calls 04-13-2010, 01:06 PM
Replies: 1
Views: 1,473
Posted By martinvisalaw
That's why people hire lawyers to help them! The...

That's why people hire lawyers to help them! The 864 is especially tricky.

The person being sponsored does not need to sign the I-864A as a household member, unless you have family immigrating...
Forum: Non-Immigrant Visa 04-13-2010, 11:31 AM
Replies: 7
Views: 1,780
Posted By martinvisalaw
I don't know if you'll need Advance Parole. Like...

I don't know if you'll need Advance Parole. Like I said, you won't need it if you can keep H-4 status. Everyone in your family needs to file separate papers for the final step of permanent residence...
Forum: Immigrant Visa 04-12-2010, 07:23 PM
Replies: 10
Views: 2,193
Posted By martinvisalaw
You don't need an EAD to leave or return to the...

You don't need an EAD to leave or return to the US. You just need Advance Parole. Of course, you need the EAD to work once you do return.
Forum: Immigrant Visa 04-12-2010, 07:21 PM
Replies: 0
Views: 1,535
Posted By martinvisalaw
May Visa Bulletin released

Visa Bulletin for May 2010 (http://travel.state.gov/visa/frvi/bulletin/bulletin_4805.html)
Forum: Non-Immigrant Visa 04-12-2010, 07:19 PM
Replies: 7
Views: 1,780
Posted By martinvisalaw
You can travel on your H-14 visa provided that...

You can travel on your H-14 visa provided that you parent maintains his/her H-1B status. If that parent drops the H-1B status, you are no longer entitled to H-4 status.

Correction - O and E...
Forum: Non-Immigrant Visa 04-09-2010, 03:17 PM
Replies: 2
Views: 570
Posted By martinvisalaw
You can apply again if you have a new employer,...

You can apply again if you have a new employer, or even if the same employer will reapply. However, if you were denied for a reason that is still a problem, such as not having the required degree or...
Forum: Immigrant Visa 04-09-2010, 03:15 PM
Replies: 6
Views: 1,237
Posted By martinvisalaw
I think People are confusing different issues...

I think People are confusing different issues here. You can recapture the old priority date in a new EB-2 filing if you meet the requirements, see here: Law Office of Elaine Martin - immigration...
Forum: Immigrant Visa 04-09-2010, 03:07 PM
Replies: 7
Views: 9,207
Posted By martinvisalaw
The employee cannot pay any of the PERM costs -...

The employee cannot pay any of the PERM costs - ads, attorney fees, etc. The employee can pay any part of the I-140 and 485 costs.
Showing results 1 to 25 of 455

 
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