Thursday, June 9, 2011

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  • martinvisalaw
    03-09 12:30 PM
    My understanding is, while your AOS is pending, you're in parolee status.

    You are only a "parolee" if you used Advance Parole to enter the US. Some people don't get AP, or don't use it.





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  • wandmaker
    02-04 02:32 PM
    How do I can contact NSC to know what the hell are they doing with my I-140? Guys share your experience so we all can prevail this another backlog mess.

    You are merely a beneficiary of 140 application, the petitioner is your GC sponsoring company - only the company or representative has the authority to make inquiries. First step, you should ask your attorney or company to call USCIS and mention that your 140 is outside processing time and also you had responded to an RFE , it has passed standard response/decision time (usually 60 days) - ask the CSR to open an SR. For the most cases that I know, this has triggered a decision with in 45 days from the date of SR. Hope this helps.





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  • sripk
    05-17 07:49 PM
    I have a question though. If your new Job duties are 50% different then won't it affect your pending i485 application as AC21 requires new job to be same or similar to keep I485 valid? Also, Any new job will be similar and wondering if switching to a different company will help in this case? Will they be able to file a new EB2 PERM LC for me or will i get same response that i got from present company?





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  • meetpravee
    04-04 11:23 PM
    Let us know what you hear from your attorney/friends/forum about this. I am sure a lot of people would be interested in this. I sure am.



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  • Steve Mitchell
    March 3rd, 2004, 02:41 PM
    I like. The varying tones are very interesting. I'm sure the black and white version looks better than the color.





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  • sonu_Aug_2002
    03-09 09:55 PM
    I am planning to visit India next week. I have the I-94 which was given to me when I entered USA last time. In the mean time, I also have I-94 attached on the approved I-797 due to 6,7 and 8th year extension. My question is

    When I check in at the airlines counter do I have to only submit the I-94 that was given to me at the port entry ?

    or

    all the I-94 that is attached to my I-797 approval notices.

    Thanks



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  • kerstbrd
    03-19 03:03 PM
    maybe they denied the I-140 without updating the website.





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  • chanduv23
    02-04 09:36 AM
    Attorney Prashanthi Reddy would like to resume the free Attorney chat sessions after a break.

    We plan to have the next chat session on Thursday, Feb 05, 2009 at 9.30 PM EST.

    Please log on to the messenger to participate in the chat.

    If anything changes, I will post on this thread.



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  • gemini23
    08-02 11:28 AM
    if you dont have experience letters from past employers, you can attached notarized affidavits from your past colleagues. that affidavit need not be on a letter head, as it is from an individual (as opposed to a company).
    Make sure it has details on begin date, end date of your jobs and designations along with job description(should be same as in LC). Also provide the phone number, address, designation of the person who is giving your the affidavit , in the affidavit letter.

    This info is from my lawyer.

    Hope this helps.





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  • HumHongeKamiyab
    03-16 11:32 AM
    I am a primary applicant of GC. My question is can I take an unpaid vacation (for upto 6 months). FYI, My PD is EB3 - Aug 2003.

    Does that affect my GC status in any way?

    If this topic has been discussed earler, pl. point me to a correct thread.

    Thanks,



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  • Queen Josephine
    October 24th, 2005, 01:33 PM
    Speaking of QJ I haven't seen much activity from her lately, you still out there Queen?

    I'm still here, checking in once in a while. Unfortunately, got very busy doing some other things and haven't been doing much shooting. Just dropped Michael a note. I'd love to do a short get together. I haven't done much urban shooting, so it would be challenging for me. (although I've been having an urge to hit the Gold Country lately) I'll be back east 11/20-11/30 visiting family in NY and Georgia and pretty much incommunicado during that time.

    Great shots of the bridge from Conzelman Road, and although I've never been able to bring myself to go down the one way section of Conzelman, there's suppose to be great shots from that section also. There's so many great places to see and things to do. Maybe we should start a list of possibilitites? I'll off to run the later starters around (I know Michael hit's the road really early.... 4 or 5 am?)

    But I'm definitely open to planning something. I'll try to create a list of possible sites and post it here with in the next week or so for everyone to add to / subtract from. How's that sound?





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  • GCSOON-Ihope
    12-14 02:43 PM
    Where can we find information for e filing EAD/AP Renewals ?

    Follow this link:

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f3fe194d3e88d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=9059d9808bcbd010VgnVCM100000d1f1d6a1 RCRD



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  • saketkapur
    07-27 05:24 PM
    ImmInfo Newsletter "Unlawful presence" myths and realities (http://imminfo.com/Newsletter/2009-7/unlawful_presence.html)


    Unlawful Presence: Myths and Realities

    Ron Gotcher

    Recently, the USCIS released a new policy memorandum on the subject of �unlawful presence.� Because of its length and the poor quality of the writing, there has been a great deal of confusion resulting from it. We would like to clarify a few of the more egregious misunderstandings that have taken root as a result of this memorandum.

    A person who applies for adjustment of status while in lawful status, and thereafter allows his or her nonimmigrant status to expire is not going to be deported.

    The new memo makes it clear that when someone applies for adjustment of status, they are thereafter present with the permission of the Secretary of DHS. As such, they do not accrue unlawful presence even if their nonimmigrant status expires. While technically they may be subject to removal, the CIS does not attempt to remove them for a very practical reason. If the immigration service institutes removal proceedings against someone who is eligible for adjustment of status, that person will simply renew their application before the immigration judge. Immigration will have wasted a great deal of time and energy and accomplished nothing. There is no possible reason that would compel the immigration authorities to change their current policy and begin trying to remove people with valid pending adjustment of status applications.

    Nonimmigrants are not required to maintain their status after filing for adjustment of status.

    Some writers have said that AOS applicants must continue to maintain their nonimmigrant status after filing for adjustment of status. They are wrong. In many cases, attempting to do so would involve visa fraud and render the applicant ineligible to adjust status. Certain nonimmigrant categories, such as B, F, J, and M are �single intent� categories. If someone who is actively in the process of immigrating to the United States attempted to extend status in a category where they are required by law to have a good faith intent to leave the United States and return to their home country to resume their residence there, that would be an act of fraud. You can swear on the one hand that you intend to return to your home country immediately upon the expiration of your nonimmigrant status, while on the other continue to request permanent resident status in the United States. Filing this type of application would do positive harm to your case.

    It is not necessary to maintain H1B status after filing for adjustment of status, and in many cases doing causes harm to the applicant.

    There is really only one valid reason for an adjustment of status applicant to maintain H1B nonimmigrant status after filing for AOS. That is the situation where the H1B has a spouse or child who has not filed for AOS and requires an H4 visa in order to remain in the United States. Other than this situation, there is no valid reason for someone to try to maintain H1B status after filing for AOS.

    Maintenance of H-1B status is not without cost. The CIS filing fees are $320, plus $500 for the anti-fraud fee it is a first filing (such as an employer transfer), and $750 to $1,500 for the ACWIA fee. This does not include attorney�s fees. There are two other �costs� that must be counted as well. If you travel, you must have a valid H-1B visa to re-enter. This means that you may have expend time and money renewing your H visa. Also, with an H visa, you may not accept work from anyone other than your petitioning employer. Otherwise, you are in violation of your H status.

    Historically, I�ve heard three main arguments I�ve in favor of using H-1B. First, there is the �just in case� argument. To me, this falls into the �monsters under the bed� or fear of the dark kind of superstitious dread argument. �I don�t know what might happen, but I want to keep my H-1B just in case.� I�ve always felt that if you can�t articulate the reason for doing something, it isn�t a very good reason.

    The second reason is a concern that if the applicant�s I-485 is denied, the applicant can revert to H-1B status. I believe this to be a specious argument also. Most I-485 denials result from I-140 denials. If your I-140 has been approved, the odds of your I-485 being denied drop to almost zero. The two remaining reasons for I-485 denials are status violations prior to filing and fraud. Both of these reasons impact H-1B validity as well and if an I-485 is denied for either reason, it is doubtful that the applicant would be allowed to resume H-1B status.

    The third reason, and in my opinion the only valid reason, arises in unusual situations where the principal applicant has applied for adjustment of status but his or her spouse hasn�t. In such cases, it is essential that the principal applicant maintain H-1B status so that the spouse remains eligible for H-4 status.

    There is one other important consideration with respect to maintaining H-1B status while applying for adjustment of status (AOS). I�ve seen situations involving individuals who elected to stay in H status while applying for AOS and traveled abroad using their H visas and were laid off unexpectedly while abroad, or other saw their H petitioner go out of business suddenly. All were left high and dry overseas with no way to return to the US. If they tried to use their H visas, they would be guilty of visa fraud at entry and thus ineligible for adjustment of status.

    Finally, AOS applicants who have given up H status should understand that there is nothing to prevent them from re-applying for H classification should something go disastrously wrong with their AOS application. If the applicant is still eligible for H classification, there is nothing to prevent them from re-acquiring it later.

    Employment authorization documents (EAD) are presently valid for one year at a time, unless you have an approved I-140, in which case they will issue them for two years. Advance parole (AP) documents are presently valid for only one year. The EAD/AP combination provides an applicant with a simple, inexpensive alternative to trying to maintain H status while applying for AOS. More importantly, EADs give an applicant job flexibility. With an EAD, an AOS applicant who wishes to exercise his or her right to job portability need only show an EAD card in order to accept new employment immediately. Similarly, an applicant who travels and uses AP as a re-entry document need never bother with having to make an appointment and apply for a new visa while abroad.

    Finally, the CIS is now looking closely at the issue of unauthorized employment after filing for AOS. With an EAD, as long as you keep it current, it is impossible for you to engage in unauthorized employment. With an H1B, you are very strictly constrained by the LCA and H petition terms. If you or your employer deviate in any way, you risk violating your H status and thereafter engaging in unauthorized employment. The EAD path is far safer.

    Ron Gotcher


    Copyright � 2009 The Gotcher Law Group, PC - All Rights Reserved





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  • aadimanav
    03-02 09:57 AM
    Source:
    http://www.rediff.com/money/2009/mar/02bcrisis-100000-pros-may-return-to-india-from-us.htm


    100,000 pros may return to India from US


    As economic downturn continues to grip the United States, as many as 100,000 highly skilled Indians -- and as many Chinese -- may return home over next three to five years, which will boost the economies and competitiveness of both the emerging Asian nations.

    The reverse immigration could end up as a big loss to the US, which has so far relied heavily on the immigrants to give it a technological edge over the rest of the world, according to a study conducted by Indian-American Vivek Wadhwa and released by the Ewing Marion Kauffman Foundation.

    The majority of these Western-educated, skilled and talented young Indian and Chinese professionals are planning to start new ventures, says the report released on Monday.

    Much before the American economic slowdown, a large number of these professionals had already begun returning home lured apparently by prospects of a better future back home.

    It also indicates that placing limits on foreign workers in the US is not the answer to its rising unemployment rate and may undermine efforts to spur technological innovation.

    "A substantial number of highly skilled immigrants have started returning to their home countries in recent years, draining a key source of brain power and innovation," said Robert Litan, vice president of Research and Policy at the Kauffman Foundation.

    Based on a six month survey of 1,203 Indian and Chinese who went back home, the report finds though restrictive immigration policies caused some returnees to depart the US, the most significant factors in the decision to return home were career opportunities, family ties, and quality of life.

    "There are no hard numbers available on how many have returned, but anecdotal evidence shows that this is in the tens of thousands," said Wadhwa, executive-in-residence for Pratt School of Engineering at Duke University.

    Wadhwa is also a fellow at the Labour and Work life Programme at Harvard Law School and is a BusinessWeek columnist.

    "With the economic downturn, my guess is that we'll have over 100,000 Indians and as many Chinese return home over the next 3-5 years. This flood of western educated and skilled talent will greatly boost the economies of India and China and strengthen their competitiveness," he said.

    India is already becoming a global hub for R&D. This will allow it to branch into many new areas and will accelerate the trend, Wadhwa said.

    The report reveals that family considerations are strong magnets pulling immigrants back to their home countries. Care for aging parents was considered by 89.4 per cent of Indians and 79.1 per cent of Chinese respondents to be much better in their home countries, says the 24-page report.



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  • luckylavs
    07-17 04:44 PM
    what is this ?
    All EB based is displayed as U. Is there no annoucement ?





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  • desi3933
    03-02 10:37 AM
    Thanks SL & Lost in GC process,

    Sorry for not being clear in C & D. I am in US. The question I meant to ask is about the the time that I am not physically present in US i.e. If I went for vacction in India for a month, can that one month be included in my H1B1 extension since I was not physically present in US. In other words I would file for 1.1 year extension as opposed to 1 year

    One the same topic, a friend of mine got a three year extension post 6 years of H1B. When asked, his lawyer informed, if you have an approved I140 then you are elegible for 3 years extension as opposed to 1 year. Is this true. Can some refer to the right CFR's

    Thanks
    Senthil

    If you have approved I-140 and your PD is not current, your employer can seek 3 year extension for H-1B under section 104(c) of AC21. In this case, the H-1B petition must request three years, and also include a LCA covering such period of extension sought.


    ____________________
    Not a legal advice
    US citizen of Indian origin



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  • chadoubra
    06-21 01:52 PM
    I found this website regarding Nogales and Mexican visa's. It may be helpful. Unfortunately, i'm from africa and need a visa :(


    Q: Do I need a Mexico Visa to visit Nogales U.S. Consulate?

    A: If you are in the following list of Nationalities you just need an FMT Tourist Card Click here to see sample FMT form Andorra, Argentina, Australia, Austria, Belgium, Canada, Czech Republic, Chile, Costa Rica, Cyprus, Denmark, Estonia, Finland, France, Germany, Greece, *Hong Kong,* Hungary, Ireland, Iceland, Israel, Italy, Japan, Latvia, Lichtenstein, Lithuania, Luxemburg, Malta Monaco, Norway, New, Zealand, Poland Portugal, San Marino, Singapore, Slovenia, Slovakia, South Korea, Spain, Sweden, Switzerland, The Netherlands, United Kingdom, Uruguay, United States of America.
    * Chinese citizens with passports issued by the Hong Kong Special Administrative Region*


    Q: What nationalities need Mexico Visa to visit Nogales U.S. Consulate?

    A: The following are some of the nationalities that need Mexico Visa. Mexico Immigration Consultants can file on your behalf for Mexico permit you do not need to be present and we can expedite it in 5 to 10 days: Brazil, Cameroon, China, Colombia, Dominican Republic, Ecuador, Egypt, El Salvador, Guatemala, Honduras, India, Indonesia, Iran, Iraq, Jamaica, Jordan, Kenya, Lebanon, Malaysia, Nepal, Niger, Nigeria, Pakistan, Paraguay, Peru, Philippines, Russian Federation, South Africa, Thailand & Turkey.

    http://www.sandiegoleisure.com/NOGALESCONSULATETRIP.html





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  • fearonlygod
    11-13 09:54 PM
    thanks guys.....will proceed as suggested..also please advice that wether i need to have exp. letter from that guy.i am not optimistic in getting it....

    can the client exp. letter and refernce letters of client project manager work...??





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  • GCTorture
    12-10 08:13 AM
    So 22nd Jan 02 to 01 Feb 02. What the hell this means? After how much of time it moved 10 days? Is all the technology they boast about, just a hypocrisy?





    eb2dec2005
    02-24 06:30 PM
    First speak to your employer if they
    a) sent a cancellation for H1B
    b) If they received any notice from USCIS/request for information or if they have any information about this
    c) Though it is not mandatory to file AC21 you can still file AC21 based on a consultation with an attorney.

    Most important thing is to know if your employer has informed USCIS about any updates or if the company has received any notification from them

    - good luck
    kris

    I spoke to my employer and he said they cancelled my H1B and not my GC. So i ma assuming my I140 was not revoked.

    thanks for your advice.





    sam_hoosier
    06-15 01:26 PM
    My I-140 is still pending, but I will be filing I-485 since no one know when retrogression would hit again and for how long.