Thursday, June 30, 2011

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  • raysaikat
    09-28 09:38 PM
    In general, if a green card holds stays outside US without any US ties for a long time, s/he technically abandons permanent residence. In practice, doing so may not trigger any activity from USCIS as such and the person may be able to enter US again. However, later on if s/he applies for US citizenship, s/he will likely be in trouble.

    Usually people try to come back once every 6 months to maintain permanent residence. However, technically doing so is not sufficient; the key is maintaining ties in US in addition to not remain outside for too long.

    You may be able to obtain advance permission from USCIS to remain outside US for a certain period of time without the risk of losing permanent residence. You may want to consult with an immigration attorney to know the options you have for your specific case.

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  • ashishgour
    11-01 04:30 PM
    11/01/2007: House Agreed to H.R. 3043 Labor-HHS FY 2008 Conference Request of the Senate and Appointed House Conferees Yesterday

    The House appointed the following members of the House of Representatives to the Senate-House Conference Committee for this legislation: Representatives Obey, Lowey, DeLauro, Jackson (IL), Kennedy, Roybal-Allard, Lee, Udall (NM), Honda, McCollum (MN), Ryan (OH), Murtha, Edwards, Walsh (NY), Regula, Peterson (PA), Weldon (FL), Simpson, Rehberg, Young (FL), Wicker, and Lewis (CA).
    The list of the full conference committee: On the House side, Representatives Obey, Lowey, DeLauro, Jackson (IL), Kennedy, Roybal-Allard, Lee, Udall (NM), Honda, McCollum (MN), Ryan (OH), Murtha, Edwards, Walsh (NY), Regula, Peterson (PA), Weldon (FL), Simpson, Rehberg, Young (FL), Wicker, and Lewis (CA). On the Senate side: Senators. Harkin, Inouye, Kohl, Mrs. Murray, Ms. Landrieu, Messrs. Durbin, Reed, Lautenberg, Byrd, Specter, Cochran, Gregg, Craig, Mrs. Hutchison, Messrs. Stevens, Shelby, and Domenici.
    Defense appropriation conference committee has already been actively working for the compromise. Open question is whether these bills will be strategically presented separately or in a packet to the White House for the President's signature. We will find it out sooner or later. Please stay tuned.
    Now, since the immigrant community has the full list of the members of the Senate-House conference committee, they should actively contact the members of the conference committee to support EB-3 visa number recapture bill and to oppose the H-1B supplemental fee legislation, at least to see that the former immigration bill is agreed to and the latter immigration bill is rejected at the level of conference process within the Congress. TIME IS RUNNING OUT!!! :confused:

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  • cessua
    07-06 09:11 PM
    Same thing...

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  • sangmami
    09-27 04:46 PM
    is it absolutely safe to travel with pending i 485 app with valid h1b stamping with receipt notice and completed fp.?we are kind of confuded whether to plan for the travel...We have not yet received the actual advance parole. i read somwhere that if u leave the country wth pending i 485 but without ap ur appl is considered this true.?..we have the option to change the trip to apr too.In a nutshell is it completely safe to travel on 485 pending appl without ap with valid stamping.?:confused:
    Has any1 wth the same situation has gone and come back without any issues?
    Gurus ur input s greatly appreciated.


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  • Blog Feeds
    06-02 09:00 PM
    As of May 29, 2009, approximately 45,800 H-1B cap-subject ( and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.

    Since it is probable that there will still be H-1B ( numbers available after June 30, U.S. employers should submit H-1B petitions for potential workers as soon as possible.

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  • chantu
    02-05 03:15 PM
    Thats ok even if she doesn't have AP. That is perfectly fine. Don't worry her H4 is already stamped and she has time till next year. She is totally safe even if she does not have AP.

    Thanks chantu, She doesn't have AP, Do you think it is Safe only if she has AP ?


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  • st4rguitar
    04-06 01:53 PM
    In my employer company (NJ based, desi consulting company) about 50% of the EB-2 PERM applications are under audit.

    I need to file my application for EB-2 and I called them. (I have a EB-3 approved labor, on which my employer has filed I-140)

    The paralegal advised me that they have stopped filing PERM applications since this month March 2008, hoping that there would be change of PERM processing or application change.

    Does any one have any info about PERM change process? Please advise. Thanks in advance.

    The DOL was supposed to issue new forms, since the current ones were said to expire in 3/2008. However, they have not issued new forms yet, and on their website it states that the current ones continue to be valid. Their site was down for maintenance around the end of March, however, so perhaps that's what the paralegal was referring to?

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  • rangaswamy
    08-18 01:51 PM
    Big goof up on AP document, my spouses document had my alien number. Thankfully, they recognized it as a USCIS mistake and let her in. She had to wait 3 hours for processing, they also took both AP forms and set up and appointment at USCIS office in SF.

    I have to go to SF tomorrow. Couple of qns that some one may be able to answer
    1) What should i expect tomorrow?
    2) When im there can i ask them any question regarding the status of my case?

    On a separate note, i heard from a friend that AP is getting approved in 15 days now. Is that a one off case?



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  • paragpujara
    08-01 10:45 AM
    A# same as the A# on the Beneficiary field on I-140 approval notice.

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  • immique
    07-20 09:10 PM
    it is my understanding that she just needs your H1 approval notice, employment letter, your pay stubs etc. I don't think she even needs her H4 approval notice for her H4 stamping. I am very sure that only your H1 related documents are needed(she needs your original H1 approval)-please check with your lawyer

    Me and my wife filed H1B extension through a company. I moved to consulting after my extension is approved. The consulting company filed my H1B transfer which is approved recently. Unfortunately my employer (the consulting company I moved to) dint file for my wife's H4 extension and he told that was not needed.

    My question is can my wife with the petition approved from my previous employer to get her H4 stamped in India?


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  • Pinkie7
    03-15 07:08 PM
    So that means in my case, if some company agrees to file H1 for me, i will not be counted towards quota. Please let me know if my understanding is correct?

    In the mean time my company's immigration department is also checking about this. will update whenever i get any response.

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  • seahawks
    04-04 09:12 AM
    I do not know the phase between I-140 and 485. I can tell you my company changed its name between labor and I-140 phase and my attorney asked for a copy of a document that my company filed with the state authorities on the name change and then used the term new name (formerly known as old name) while filing I-140 wherever the company name was referenced. Well, just filed my I-140 today, but thats all the information I know.


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  • roseball
    07-16 10:38 AM
    Anyone has an appointment at OTTAWA on 25th July? I'm from NJ area, willing to join if anybody's driving...

    What appointment??

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  • kirupa
    05-27 03:15 PM
    Added all three of them up :)


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  • sdrblr
    10-19 10:15 AM
    US is a sovereign country and Govt of India cannot say what to do and how to handle the immigration issues. Hell GOI cannot handle its own immigration issue on the eastern border :)

    More over the big Indian IT companies lose employees (read as revenue) if they lobby for GC.

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  • kirupa
    01-22 01:36 AM
    Hi Sam - your entry looks really nice. Unfortunately, this contest ended around 14 hours before you submitted your entry :( Therefore, your entry won't be eligible for the judging. I will add your entry to a mini-gallery on the main site once the contest ends though!


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  • Blog Feeds
    12-18 09:50 AM
    Dallas-Fort Worth Immigration Lawyer Has Just Posted the Following:
    Individuals who apply for a non-immigrant visa must be admissible to enter the United States. Inadmissible grounds to deny entry into the U.S. include, but not limited to the following:

    Communicable disease;
    Criminal record involving crimes of moral turpitude;
    Possession of or trafficking in a controlled substance;
    Trafficking persons;
    Involved in money laundering;
    Previously removed (deported) or previously overstayed a period of admission to the U.S.

    If a non-immigrant visa holder subsequently becomes inadmissible and thus ineligible to enter the United States, depending on the inadmissibility ground, the visa holder may apply in advance of travel for a temporary waiver of inadmissibility. The waiver application is applied directly to U.S. Customs and Border Protection (CBP) prior to travel. Along with the signed Form I-192, Application for Advance Permission to Enter as Nonimmigrant, the applicant must submit the filing fee of $545, an official police record from country of nationality, proof of citizenship, and supporting documentation regarding the inadmissibility showing rehabilitation and character reformation. For questions concerning eligibility of the temporary waiver application, or any other area of immigration, call Kraft & Associates at 214-999-9999.

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  • immilaw
    09-23 12:50 PM
    If your receipt numbers begins with

    WAC - CSC service center
    EAC - VSC service center
    LIN - NSC service center
    SRC - TSC service center

    WAC: (Western Adjudication Center) Califonia Service Center
    EAC: (Eastern Adjudication Center) Vermont Service Center
    LIN: Lincon Nebraska
    SRC: (Southern Regional Center, I guess) Texas Service Center

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  • Ectheo
    04-01 11:37 AM
    I am not endorsing our relationship!

    O RLY?

    10-19 12:06 PM
    Thanks for the quick reply!

    TJH 34
    11-30 06:54 AM

    I need some advice concerning my application for a B2 Tourist Visa to the US as my wife and I wish to travel to Disneyworld Florida next December to celebrate our belated honeymoon:

    I received a police caution in March this year for "Battery" under Section 39 of The Criminal Justice Act after a domestic argument with my wife here in the UK.

    I also have a UK driving conviction from 2006 for "Driving Without Due Care and Attention" which resulted in a �100 fine and six points on my licence which have now expired.

    Do either of these cautions/convictions constitute a crime of "moral turpitude"?

    I am rather concerned that although I have read that a simple assault/battery does NOT constitute "moral turpitude," spouse abuse certainly does under US law.

    Does the definition of simple battery or spouse abuse depend on which country the caution was received in?

    The incident in question was more of an argument than one of domestic violence. I grabbed my wife's arm and she twisted herself trying to get away from me and she fell over which left her with a minor bruise and scratch. I certainly did NOT use any deliberate force or physical violence towards my wife.

    The argument arose because I had been unemployed for over a year and my wife was stuck doing a job she hates and financial difficulties at the time had put a strain on our relationship. Now that I have secured a full time job and our financial problems have depleted, the relationship between my wife and I is very stable and loving.

    However, if the consular officer at the embassy decides that this is a crime of moral turpitude, would I still be eligible for "petty crime exemption" (as the maximum sentence for a Section 39 battery crime is six moths in jail) even though I have the driving conviction from 2006?

    Any assistance and guidance on this matter would be greatly appreciated.


    TJH 34

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