Monday, June 27, 2011

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  • coolpal
    03-30 05:20 PM
    I should say, compared to H1B, the risks of benching on EAD are far lower.
    But I guess there is nothing concrete to prove that you are ok without pay if you work on EAD... so it's always good that your employer pay at least the labor wage if possible.





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  • vban2007
    05-22 11:30 AM
    1. Question regarding my I-94 form...

    I have one which I got when entered US, 4 yrs back which is expired and after that I got new ones with each H1B application extension.

    Should I send all of them or just the latest one? or the one i got while entering (Expired one)

    2. Is it possible to travel on old AP While applying for EAD and AP renewal?


    Thanks,





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  • Blog Feeds
    02-08 06:10 PM
    Immigration Visa Attorney Blog Has Just Posted the Following:
    http://www.immigrationvisaattorneyblog.com/flag_CNMI.gifAll immigration law attorneys must deal with foreign countries, unique international legal issues, and some quaint interpretations of law. The lawyers at Los Angeles' Fong & Chun are no exception, and in fact, this recent change affects some of our clients who do business in or own businesses in the Commonwealth of the Northern Mariana Islands (CNMI).

    On 28 November 2008, "the United States" as defined for purposes of the Immigration & Nationality Act (INA) just got bigger, with the addition of the Commonwealth of the Northern Mariana Islands. Although there are probably wrinkles I have not yet read in the treaty, this essentially puts the CNMI on the same footing as Puerto Rico. Here's the cute part:

    Because the CNMI will become part of the "United States" as defined by �101(a)(38) of the INA, "residence or presence in the CNMI before 28 November 2009 shall NOT be considered residence or physical presence within the USA for INA purposes. Thus, on 29 November 2009, all persons physically present in the CNMI are considered "to be present in the United States without inspection, by operation of law."

    Will these PWIs (present without inspection) be eligible to adjust status? Unclear? Are they working "abroad" for purposes of L visas? Yes, as it turns out. One thing is clear: Legal Permanent Residents (so-called "green" card holders) who wish to base a naturalization application based on physical presence in the CNMI will NOT be able to do so for pre-29 November 2009 periods of time. Isn't this esoterica fun? --jcf





    More... (http://www.immigrationvisaattorneyblog.com/2010/02/the-usa-is-bigger.html)





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  • ca_immigrant
    02-05 01:41 PM
    Apologies if I should have looked this up somewhere within IV .
    Guess it is a simple question.

    What does a soft LUD mean ? I have often read that term on the forum.

    I at times see that something was updated on my case..."last updated date" but then there is no status update.....for example this happened on my I131 application on Feb 4, 2009

    On the I485 I think it is just that they transferred it from one office to another as the status says.

    =============================
    Last updated | Form number
    2/4/2009 | I131
    2/5/2009 | I485
    ===============================



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  • STAmisha
    06-23 08:15 PM
    I have a very unique problem.
    I'm filing 140 and 485 now with my current company (company B). I came to USA in Sep 2000 via company A. I joined current company in May 2003. I did not resign from company A till July 2003 ( was on vacation from company A and got paid).I also got experience letter from company A saying that I worked from Sep 2000 to july 2003

    Now in my biographic forms should I declare that I worked in company A from Sep 2000 to May 2003 (or) Sep 2000 to July 2003?
    If I put Sep 2000 - July 2003, will I be in a problem? Please advice

    Also, I LC just got approved from P-BEC. We dont have the physical copy yet. can we file 140 and 485 without it?





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  • Sivalika
    04-16 09:21 AM
    Does anyone hv gone thru this??



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  • amitk81
    04-21 04:55 PM
    Hello Guys,

    First and foremost my sympathies on being a part of MI where almost everything is going the wrong way work situation, housing market and weather its been raining for almost 2 days now :), for fellow members there is another hassle of worrying about your immigration status.

    Things are bleak no doubt about that but we can make a difference no I am not trying to act or sound like The President of United States here, just trying to make a point. Hey given the present situation we can either lie down and take what the government has in store for us (which is erratic movements of PD�s through the visa bulletin which are most probably by the shots taken by the DOL just before the release of the visa bulletin) or take up the fight and try to make our voice heard.

    Hence to restart the chapter I would like to see if any of you are interested in a face to face meet to exchange stories and to brainstorm ideas to tackle the situation that we face currently.

    Ideas and suggestions welcome, lets make the change that we were promised last year.

    amit





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  • DareYouFireMe
    02-11 12:14 PM
    Assuming his I-140 gets rejected, is it going to impact his current EB3 process ? Remember, he is going to be on board with the new company only after I-140 process. By the way, new Labor will take atleast 5-6 months. Advertising, etc



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  • nid
    03-18 02:37 PM
    Thanks Crazymonk.

    Does it always go to consular processing for 2nd option?

    I was more inclined towards 2nd option thinking that whether or not I get I94, if in case I have to use it, I can make a trip to India and get the stamping done?

    Thoughts?





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  • arif
    03-07 08:44 AM
    Thank you very guyz. It really helps.



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  • skark
    04-17 02:07 PM
    Hello everybody,

    My wife who is on H4 was denied admission to a masters in accounting program due to lack of work experience. Other factors (GPA/GMAT scores) were allright according to a professor at the university! Does anybody know how/where she can get some experience (voluntary/unpaid/intership). We have already looked at craigslist job listing in the non-profit sector and not many people are looking to hire even if its unpaid:eek: We reside in Raleigh/NC and was wondering if someone in this forum has some insight as to how we can move forward.

    :confused:
    Skark





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  • SK2007
    03-25 04:48 PM
    You are more than welcome to do the stamping in any country... just that if your name comes under TAL or any other check, you would end up enjoying that country for longer than you had intended originally...

    I have been to Canada twice for stamping - no issues, just realized that they have become more strict in evaluating candidates - one friend of mine enjoyed Toronto for about 1.5 months (originally intended for 2 days).

    So talk to your lawyers and be safe and comfortable :)

    As said, you can go any US consulate to get your Visa stamped, I got my twice in Canada, once in Dublin, once in London, most times I was travelling on business, I know if there is somethging wrong my company and the lawer will be there. It depends on your company, I guess...



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  • skp71
    05-28 08:27 PM
    I requested(May 02nd) them to approve my case using "Cross-Chargeability", since my wife was born in non-retro country. But from June 01st, my PD (India) also becomes current. I really don't know what to do now?





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  • tcsonly
    07-21 05:01 PM
    Can you check USCIS website or call their toll-free number ?



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  • glus
    09-24 09:03 AM
    Hello,
    It often takes a few letters to be sent to USCIS before anything happens in such situations. It seems like USCIS sometimes disregards attorneys' letters. But once someone takes the letter seriously, you should see some soft LUDs on your case; although it does not always happen.





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  • kim123456
    12-30 02:19 PM
    Guys,

    Thank you for your reply.

    But I do not want to loose my H1B status, mean not to use EAD.It has been almost 1.5 year since I140 approved but I never work for the company who filed greencard for me. Does it matter? What is final solution to get greencard since company is closing.



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  • waitingnwaiting
    03-31 09:01 AM
    There is an error in the article.
    It does not say that H1B workers lack any courage and will power to stand up for themselves. They lack unity, are narrow minded and cannot work together. Their high education works in their disadvantage because they use to fight within themselves. As long as they cannot stand up and support their own cause, it is good news for anti-immigrant organizations.





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  • imi99999
    02-25 11:45 PM
    Dear Friends at forum:
    My husband was an Asylee (approved asylum) when he got married to me. But he got the Green card through me. I am a US citizen. Now he wants to apply for Citizenship through me.
    when we applied for his Green card he had to renew his passport of his country of citizenship. it was one of the requirements. That country of citizenship was obviously also the county of his persecution. there was absolutely no issue about it at the time of his Green card interview.
    But could it be a problem for citizenship interview?
    He never traveled to his country of citizenship nor to any other place. He has never left USA ever since he came here. Does his asylum case will again surface at the time of citizenship even when he is applying for citizenship through me?My understanding is that the asylum thing is no more the issue if he got the GC through me??

    Your advice, input and suggestions will be highly appreciated.
    Sincere replies only
    Thanks a lot in advance!





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  • alisa
    06-21 10:39 AM
    In 2004, a friend moved within the same Multinational company (A) from one business (A1) to another (A2). The HR department did not apply for an H1 transfer assuming that one was not needed, and the friend worked for a few months before the business A2 was sold off, and the new company realized the mistake, and filed for her H1 transfer, which was approved. The new company then filed for her labor and got her I-140 approved.

    Can the friend now file for AOS? Was the period that she worked for A2 'unauthorized'? Does that preclude her from adjusting her status now?

    I am guessing that a lot of employers/people might have made similar mistakes through no faults of their own. Whats the solution here?





    smarth
    02-14 11:54 AM
    can someone please give answer to this?





    Lok_sumi
    03-18 03:51 PM
    My H1B visa stamping has expired and I have valid AP. Can I travel. I have also changed job using AC21. Please advice.