Wednesday, June 29, 2011

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  • krishna_brc
    12-05 04:25 PM
    :confused:Here is another scenario -
    485 filed 1 year back and have been working with the GC sponsoring employer since then ( on H1, did not use EAD).

    Employer is not going to revoke approved I-140 even if i change Job/H1.

    Now, can i use Advance Parole to travel while working for the new employer on a new H1?

    Your inputs are highly appreciated.

    Thanks,
    Krishna




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  • Blog Feeds
    08-26 07:20 AM
    Immigration Visa Attorney Blog Has Just Posted the Following:
    Elin Nordegren broke her silence (http://sports.yahoo.com/golf/blog/devil_ball_golf/post/Elin-Nordegren-on-Tiger-Woods-I-ve-been-throug?urn=golf-265021)today and gave her side of the story today telling the world how shocked and embarrassed she was by Tiger's infidelity. She also defended the marriage, saying that the marriage was real, not orchestrated for the cameras and sponsors.

    In our practice at Fong & Chun, LLP, we have seen many marriages, like Elin and Tiger's which were entered into for love, completely genuine marriages and yet within years (sometimes a lot sooner), the marriage goes awry. For those immigrants whose conditional greencards were based on marriages to US citizens, these men and women find themselves in a situation like Elin, telling their stories to the USCIS, actually defending themselves from deportation, that even though their marriage didn't survive the test of time, it was not a marriage of convenience for immigration purposes.

    If a marriage fails anytime before someone naturalizes, a person who immigrated through marriage will later be summoned by the USCIS for an intense and very uncomfortable interview in order to maintain their permanent residency - even at the time of applying for citizenship. Such interviews can even occur years after the marriage and divorce, so recounting the facts of a relationship and providing the documentation to verify the facts of the courtship, the wedding or civil ceremony, then detailing the timeline of marriage, separation and divorce is more than just burdensome, it's sometimes impossible. Attorneys at Fong & Chun have defended clients in such interviews, which can take several hours! Not to mention the legal briefing and the administrative review that can take months to years in the most complicated cases.

    We have counseled couples and immigrants who face this difficult situation, sometimes their marriages have ended because they had to escape physical or emotional abuse, other times, the marriage failed because of infidelity or even financial distress. If you need help telling your side of the story to USCIS, call the attorneys at Fong & Chun, LLP for a free consultation. Maybe we can help. --ecf





    More... (http://www.immigrationvisaattorneyblog.com/2010/08/elin-nordegren-her-side-of-the.html)




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  • tinamatthew
    07-18 03:50 PM
    Hello everyone and thank you IV for all your great work. Much appreciated.

    I have a (hopefully ) simple question:

    I am EB2 (had been current the whole time) and I am just now ready to file my I-140 and I-485.

    That said and considering the now new window to file (till 8/17), should I premium process the I-140? Does it even matter? Am I going to basically throw away $1000?

    I had ready that they would not even touch the I-485 till the I-140 was approved but that sounds like a contradiction to concurrent filing, right?

    Any info, tips would be greatly appreciated.



    My attorney is ready to file but I want to make sure I ask the right questions/get the right info from them before they do so.

    Thank you all once again!

    That's right, premium processing has been suspended. Yes it is true i-485 is not touched until i-140 is approved, but they will process EAD and AP. They just cannot decide the i-485 BCOS it is based on an immigrant petition. IF the immigrant petition has not been decided, they cannot do anything about the i-485. Hope this helps




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  • Anders �stberg
    June 17th, 2005, 10:37 AM
    The biggest difference between different length macro lenses is the working distance. A longer lens gives you more room in front of the lens, can be good to not scare some critters away, and also to not run into problems with lighting. Personally I like a 90/100/105 mm (different brands) or longer for the working distance. Most lenses now have a 1:1 magnification so there's no difference there.

    I don't know anything about Nikon lenses, but in general all Nikon/Canon/Sigma/Tamron fixed focal length macro lenses are very good.



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  • desi3933
    08-08 02:17 PM
    Why don't you file a lawsuit? :)


    Good one. :D




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  • jaya_chh
    09-19 01:10 PM
    Isn't it the employer's responsibilty to file new LCA when I was assigned to another project in another state?

    If my employer has not done that for me, then does it still affect my chances of getting my H1 stamped. Means I am not at fault, my employer is.



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  • kaisersose
    08-06 03:37 PM
    Given the volume of questions o this topic, we can do a FAQ on this.

    PM me if you think that is a good idea and we will work on it.




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  • SpookyH1Alien
    10-24 03:13 PM
    Hi,

    I have my I140 approved from a reputed company. My priority date is Nov 30th 2007. I have not been able to file I485 because of the priority date not being current. I am planning to move back to India next year. In the future, if I do wish to come back through family based immigration because my brother is a US citizen, will I be able to use the Nov 30th 2007 priority date toward my family based immigration case.

    Thanks in advance.



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  • raghav0
    10-14 07:39 AM
    Why would you want to invite trouble...lol...kidding... the above mentioned website was what I used to send in the documents...




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  • Blog Feeds
    09-18 10:20 AM
    Attorney Eugenia Ponce recently wrote a blog post here (http://www.immigration-law-answers-blog.com/2009/07/immigration-law/immigration-rights/lawful-permanent-residents-keep-trips-abroad-relatively-short/) cautioning Lawful Permanent Residents to keep their trips abroad relatively short. Here is the text of that post:

    Lawful permanent residents (LPR) of the United States (green card holders) need to keep their trips abroad to a relatively short period of time. The Department of Homeland Security (DHS) could determine that an LPR has abandoned their residence if the LPR’s intent was not to return to the U.S. within a relatively short period of time.

    Factors DHS could consider in evaluating the LPR’s intent include:

    Whether the trip abroad is lengthy or for a short period of time;
    LPR’s family ties in the U.S.;
    property holding in the U.S.;
    business affiliations within the U.S.;
    LPR’s family, property, and business ties in the foreign country.

    After that was posted, we were asked what exactly we meant by the term "relatively short." Of course the answer, as always, depends on several factors. But here is a further explanation from Ms. Ponce:

    What a "relatively short period of time" is can't be defined in terms of elapsed time alone. Generally, lawful permanent residents (LPR) can use their green cards to return to the United States after a temporary absence not exceeding one year. The most important factor in concluding whether an LPR abandoned his or her U.S. residence is to look at the LPR's actual intent to return to the United States after a short trip, along with the other factors such as property, business, and family ties inside the U.S. and in the foreign country. An LPR returning to the U.S. once a year for a few days doesn't "automatically revalidate" a green card in a situation in which the lawful permanent resident has actually been residing abroad.



    More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/lWE-18mYGGw/)



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  • GLIX
    10-24 02:16 AM
    Is it correct that with an AP you are not guaranteed re-entry? There was a qualifier on the INS website? For how many months is it valid? DO you need a lawyer to re new it or is it an easy process that any layman can re-new on their own?




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  • perm2gc
    06-28 01:07 AM
    A friend's H1B transfer from company A to company B was denied. Since his H1B with company A is still valid and is going to expire in 3 months, he can still go back to work for company A. However, if he chooses not to work for company A and tries to find a third employer to do another transfer, is he considered out of status for these three months?
    yes.



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  • kedoubt
    05-17 10:41 AM
    Hi,

    I will be done with my second master's this July 29. I have two months grace period to leave the country as I already used my OPT after my first master's. I have a job offer and they are willing to do my H1B which starts from October 2011. But my two months grace period will end this september 29. If my H1B is filed in September under Premium processing, will I be in status or out of status for those two days. Did any one face similar problem before. If so, can you please give me the solution?

    Thanks,

    KEDoubt




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  • gcformeornot
    06-16 03:07 PM
    ___________



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  • ajaysri
    07-05 10:26 PM
    Hi,

    My 9th year H1 expires this month and I am planning to use EAD to continue in my job (not extending my H1B). Can you please tell:

    1) What do I need to do to with respect to Employer and USCIS to move to EAD status from H1B?

    2) I read in some forum posts: there is a new law OR amendment - people working on EAD with adjustment of status will be deported.. we need to continue maintaining H1B status..is it legitimate?

    3) My current Advance Parole is valid till Oct'09. As I move to EAD, is AP renewal required for any other reason other than travel purpose?

    Thanks
    AjaySri




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  • Sushana
    01-15 07:52 AM
    Hi,

    I initially got my H1 B approved under the quota for 2006 but later on moved on to work for a non profit organization on H1B. Now I am offered a job at a for profit company A, can I just transfer my non profit H1B to a for profit H1B(since I have already been counted under the H1-B visa quota for 2006) or I have to again go through the new H1 B visa quota for 2008-2009.

    Thanks in advance for your guidance.



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  • gopi544
    06-30 05:41 PM
    Strictly speaking, she cannot use the AP to enter the US unless she had it in her possession when leaving the US.

    Thanks for the quick replay,

    So it means that if she dose not have the AP with her while she leave US, she can not use it.
    Can she go for the visa stamping in India and enter in H4? would there be any problem if she goes to visa stamping and enter in H4 while her AP is in process/approved.

    Thanks again for the suggestion.




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  • va007
    05-05 08:02 PM
    Thanks, I am looking for Sr. Business Analyst job.




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  • go_guy123
    10-08 10:29 AM
    Hi .. I am on L1 with my current employer. I applied H1B through a consultancy and my petition got approved. My current employer told me that they can transfer my approved H1B to them. Is it really possible to transfer H1B to my current employer, just by having the approved petition?

    Yes transfer is possible. However your current employer's h1b petition also
    needs to be approved (RFEs replied to etc).




    joydiptac
    05-18 05:32 PM
    My Green Card is stuck at EB2 Stage but all this time I forgot that I have potential for a British Citizenship based on my birth place and Father being a Britisher.
    Now can I reapply as a Brit - all over again hoping to get past the long queue. I am not interested in gaming - dont get me wrong - I had been in UK for some 5-6years working and am easily eligible for to get UK Citizenship that I did not explore. Now can I change the situation ?

    Hope you are posting your question for US immigration. (This site discusses US immigration)
    As far as I know the country of chargeability is your or your spouse's birth country(Choice during I485 application) not based on citizenship. HTH




    TheCanadian
    11-01 12:09 AM
    You've met him? Did he design these logos? And who can't bite through someone's jugular? All of these questions must be answered before development of the Corn-on-the-Cob Book Pro and iPineapple can continue.



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