neeidd
07-14 06:28 PM
bumping again :(
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raysaikat
07-13 01:18 AM
Would going to Canada and re-entering without going for visa stamping count as lawful entry??
Yes (assuming you stayed in Canada for less than 2 weeks or whatever is that number).
Or one has to go and get the visa stamped to qualify as lawful entry??
Also when you go to Canada and come back Without VISA stamping, he gets the same I-94 or different I-94??
Thanks.
If you did not submit your old I-94 at the time of entering canada, then you keep the same I-94. In fact, if you do not have a valid visa stamp (i.e., you are entering using visa revalidation), then it is best not to submit your current I-94.
Yes (assuming you stayed in Canada for less than 2 weeks or whatever is that number).
Or one has to go and get the visa stamped to qualify as lawful entry??
Also when you go to Canada and come back Without VISA stamping, he gets the same I-94 or different I-94??
Thanks.
If you did not submit your old I-94 at the time of entering canada, then you keep the same I-94. In fact, if you do not have a valid visa stamp (i.e., you are entering using visa revalidation), then it is best not to submit your current I-94.
roseball
07-19 12:33 AM
I have changed jobs using EAD after 1.5 years of filing I-485. Can I file for a new Eb-2 case with my new employer and port the priority date of my EB-3 case ? Thanks.
Sure you can, as long as your new job requires a Masters or Bachelors + 5 yrs of experience and your employer is willing to start the process, you can do it. Being on EAD or H1 doesn't stop you from porting your PD.
Sure you can, as long as your new job requires a Masters or Bachelors + 5 yrs of experience and your employer is willing to start the process, you can do it. Being on EAD or H1 doesn't stop you from porting your PD.
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peer123
06-17 09:18 PM
Hi guys, I have a unique situation, thanks to july visa bulletin. I have a EB3 labor and I 140 approved with the PD as May 2004. Recently I applied EB2 PERM in order to port the PD from EB3 to EB2. My EB2 perm is approved now. Now, I am in dilemma to choose between EB2 and EB3. I can apply EB2 I 140 and I 485 concurrently (by assuming that they will port the PD) or I can apply I485 (for previously approved EB3). Please suggest as to what route I should take.
I suggest go with EB2 if the priority date is way ahead of EB3
I suggest go with EB2 if the priority date is way ahead of EB3
more...
suttu
01-14 01:18 PM
There have been cases reported in past on this forum where the PERM approval was lost in mail.
You should ask your employer to download the PERM approval from DOL ETA website, which should be completed and signed by both you and your employer (similar to the PERM paper approval that you did not receive).
Your lawyer should submit this form with I-140 and also request USCIS to obtain a duplicate copy of PERM approval from DOL. This may help.
Are you porting to EB2?
Yes i was hoping to port to EB2.
The issue is that the lawyer says that they will follow this process of dowloading the cert and request USCIS to get a dupe, but hey say they cannot do this under premium processing and will have to file under regular I140. this adds 6 months to the process and effectively eliminates any advantage since i hope to get my EB3 485 current by that time.
You should ask your employer to download the PERM approval from DOL ETA website, which should be completed and signed by both you and your employer (similar to the PERM paper approval that you did not receive).
Your lawyer should submit this form with I-140 and also request USCIS to obtain a duplicate copy of PERM approval from DOL. This may help.
Are you porting to EB2?
Yes i was hoping to port to EB2.
The issue is that the lawyer says that they will follow this process of dowloading the cert and request USCIS to get a dupe, but hey say they cannot do this under premium processing and will have to file under regular I140. this adds 6 months to the process and effectively eliminates any advantage since i hope to get my EB3 485 current by that time.
dilbert_cal
02-09 02:04 AM
Hi attorney,
I know the question sounds weird.
My husband applied EB2 in 2007. 140 approved and 485 pending. But then we came back to our home country because of layoff. We carried AP but now AP is expiring in 3 weeks. I know after AP goes expired, our 485 will be considered abandoned.
I heard that PD is still ours even in the case of abandonment of 485. So, I still hope that some day we can come back to US to re-do the green card application. My question is, once PD becomes current, how long will the window to submit 485 be open for us?
Thanks.
Jijie
In order to preserve the PD, you will require a copy of your approved 140. Do you have the copy - in that case, next time you will have to file labor and at 140 stage, you can get your PD back.
I know the question sounds weird.
My husband applied EB2 in 2007. 140 approved and 485 pending. But then we came back to our home country because of layoff. We carried AP but now AP is expiring in 3 weeks. I know after AP goes expired, our 485 will be considered abandoned.
I heard that PD is still ours even in the case of abandonment of 485. So, I still hope that some day we can come back to US to re-do the green card application. My question is, once PD becomes current, how long will the window to submit 485 be open for us?
Thanks.
Jijie
In order to preserve the PD, you will require a copy of your approved 140. Do you have the copy - in that case, next time you will have to file labor and at 140 stage, you can get your PD back.
more...
sevenm
03-02 02:34 PM
Thanks a lot logiclife. Your response means a lot to me.
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razis123
03-27 05:28 PM
The expenses for a normal delivery would be between 10-15000$ if everything goes fine.Medicare help is from federal so it would be better if its not taken risking the GC.Usually the hospitals gives some break depending upon family income, so even if its 50% its not bad.Else going to home country but at this stage doesnt look wise.
more...
deecha
03-17 08:53 PM
As long as you're unmarried at the time of adjudication of the petition, you should be ok. This is not legal advice. Please consult a lawyer.
HI,
My aunt petioned for my mom (and thus her kids) years ago, My aunt's a Us citizen, and after many years the process has started its final run. For the last two years i was an F1 student in a college in the usa and recently ive come back home; while i was there i married randomly anyway, nothing happened it wasnt a real marriage, and im getting it annuled.
So now im back home and since this process (my aunts petition) has started , im 21 but im covered aswell since the child status protection act covers me. Now, the requirements for the children (derivative beneficiaries) of the aplicant/beneficiary (my mom) to be included are to be under.. 21 (im ok in this part because of CSPA) and UNMARRIED. My question is,,, am i still gonna be included if i show my annulment certificate? as i see it the annulment itself shows that an american court declared that marriage to be voidable and not real so it should make me unmarried.right? would it also be unmarried for immigration purposes if it was divorce instead of annulment? i'd appreciate any feedback, thank you.
.
HI,
My aunt petioned for my mom (and thus her kids) years ago, My aunt's a Us citizen, and after many years the process has started its final run. For the last two years i was an F1 student in a college in the usa and recently ive come back home; while i was there i married randomly anyway, nothing happened it wasnt a real marriage, and im getting it annuled.
So now im back home and since this process (my aunts petition) has started , im 21 but im covered aswell since the child status protection act covers me. Now, the requirements for the children (derivative beneficiaries) of the aplicant/beneficiary (my mom) to be included are to be under.. 21 (im ok in this part because of CSPA) and UNMARRIED. My question is,,, am i still gonna be included if i show my annulment certificate? as i see it the annulment itself shows that an american court declared that marriage to be voidable and not real so it should make me unmarried.right? would it also be unmarried for immigration purposes if it was divorce instead of annulment? i'd appreciate any feedback, thank you.
.
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hebron
07-27 07:00 AM
Hi,
I have a question regarding changing L1 to H1-B visa. If someone comes to US on an L1 visa can he/she change to H1-B visa without going back to India and getting the new H1-B visa stamped? What is the process to remain in the US and changing the status from L1 to H1? Will
Again, I assume that in order to change from L1 to H1-B the H1-B cap rule applies.
I have a question regarding changing L1 to H1-B visa. If someone comes to US on an L1 visa can he/she change to H1-B visa without going back to India and getting the new H1-B visa stamped? What is the process to remain in the US and changing the status from L1 to H1? Will
Again, I assume that in order to change from L1 to H1-B the H1-B cap rule applies.
more...
sanjay02
12-24 09:06 PM
Talk to an qualified attorney
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tmayer01
05-09 06:14 AM
i'm finishing work on friday and i still havn't got a new job. I'm a really shy person and i hate the thought
Hey, just be confident.. not all people get a chance to go in a place and apply for a job.. besides, if you have all the qualities of an applicant, there is no reason to be shy, rather tell your interviewer on what you can do to be an asset and help the company grows more.:D
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Hey, just be confident.. not all people get a chance to go in a place and apply for a job.. besides, if you have all the qualities of an applicant, there is no reason to be shy, rather tell your interviewer on what you can do to be an asset and help the company grows more.:D
study in australia (http://www.globalvisas.com/countries/australia_visas.html)
more...
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willgetgc2005
05-06 10:09 AM
Hello,
The original labor approval is lost by Attorney, how ever he has the copy of the approval. He says we can file I-140 with copy. Any one has had this situation ? What is your experience doing this ?
Thank You
The original labor approval is lost by Attorney, how ever he has the copy of the approval. He says we can file I-140 with copy. Any one has had this situation ? What is your experience doing this ?
Thank You
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gconmymind
04-21 10:52 AM
You should be getting paid >= the salary mentioned on your H1B labor. GC is for future employment and the GC labor salary could be different from your H1B labor salary.
more...
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cheers1234
06-15 08:22 AM
Sorry for the confusion. i am not deported. One of my company's new employee was deported at POE. Yes. POE did called my employer and asked where he is going to work. My employer said he is going to work on our company site. Then the officer said your empoyee told us that he is going to work at client site. Then the officer said he will call back.
Officer called back after 30min and told my employer that your emplyee submitted some fraud document. And then my employer said i am not liable what he did and explined the officer that he was doing bussinees more than 8 years and have all the proper documents.
Then the officer said he understand the situation and said he is just doing duty. Officer said he is going to send a report to DOL.
Officer called back after 30min and told my employer that your emplyee submitted some fraud document. And then my employer said i am not liable what he did and explined the officer that he was doing bussinees more than 8 years and have all the proper documents.
Then the officer said he understand the situation and said he is just doing duty. Officer said he is going to send a report to DOL.
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ramhs
02-20 12:50 AM
Going by the trend, you have to make sure that the application reaches USCIS by April 2nd. April 1st is a holiday.
Can we send the application early, like one week in advance ?
Can we send the application early, like one week in advance ?
more...
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Blog Feeds
03-26 08:40 AM
Dallas-Fort Worth Immigration Lawyer Has Just Posted the Following:
For the second time, a federal judge has declared a Farmers Branch ordinance banning illegal immigrants from renting in the city to be unconstitutional. Here are excerpts from a Dallas Morning News (http://www.dallasnews.com/sharedcontent/dws/news/localnews/stories/DN-FBsuit_25met.ART.Central.Edition1.4c77c2c.html) article reporting this decision:
U.S. District Judge Jane Boyle of Dallas ruled Wednesday that the ordinance was an attempt to enforce U.S. immigration laws – something the judge said only the federal government can do.
The judge also issued a permanent injunction to stop Farmers Branch from enforcing Ordinance 2952.
Mayor Tim O'Hare, the driving force behind the ordinances, said he wants to appeal.
"The American people are tired of judges legislating from the bench," he said. "This decision is not unexpected but welcomed, because it allows us to get closer to this ordinance becoming reality."
But O'Hare said the City Council would have to vote on whether to continue a fight that has cost the city nearly $3.2 million since September 2006. And the city may need to spend an additional $623,000 in legal fees in the year ahead, city finance director Charles Cox said Wednesday.
About one-quarter of the estimated 30,000 people who live in Farmers Branch were born outside the United States. About 47 percent of the city's population is Hispanic.
In the past four years, the city has proposed a series of ordinances that would make it illegal for landlords to rent to illegal immigrants. A version approved by the council in 2006 was repealed in early 2007 to make way for another ordinance.
That ordinance, No. 2903, was approved by two-thirds of voters in 2007 but later declared unconstitutional by U.S. District Judge Sam Lindsay. The city abandoned an appeal of that ordinance in favor of Ordinance 2952. No. 2952 added all rental units, including houses, to the ban on renting to illegal immigrants.
More... (http://dfwimmigrationlaw.clarislaw.com/immigration-news/another-judge-rules-farmers-branch-rental-ban-is-unconstitutional.php)
For the second time, a federal judge has declared a Farmers Branch ordinance banning illegal immigrants from renting in the city to be unconstitutional. Here are excerpts from a Dallas Morning News (http://www.dallasnews.com/sharedcontent/dws/news/localnews/stories/DN-FBsuit_25met.ART.Central.Edition1.4c77c2c.html) article reporting this decision:
U.S. District Judge Jane Boyle of Dallas ruled Wednesday that the ordinance was an attempt to enforce U.S. immigration laws – something the judge said only the federal government can do.
The judge also issued a permanent injunction to stop Farmers Branch from enforcing Ordinance 2952.
Mayor Tim O'Hare, the driving force behind the ordinances, said he wants to appeal.
"The American people are tired of judges legislating from the bench," he said. "This decision is not unexpected but welcomed, because it allows us to get closer to this ordinance becoming reality."
But O'Hare said the City Council would have to vote on whether to continue a fight that has cost the city nearly $3.2 million since September 2006. And the city may need to spend an additional $623,000 in legal fees in the year ahead, city finance director Charles Cox said Wednesday.
About one-quarter of the estimated 30,000 people who live in Farmers Branch were born outside the United States. About 47 percent of the city's population is Hispanic.
In the past four years, the city has proposed a series of ordinances that would make it illegal for landlords to rent to illegal immigrants. A version approved by the council in 2006 was repealed in early 2007 to make way for another ordinance.
That ordinance, No. 2903, was approved by two-thirds of voters in 2007 but later declared unconstitutional by U.S. District Judge Sam Lindsay. The city abandoned an appeal of that ordinance in favor of Ordinance 2952. No. 2952 added all rental units, including houses, to the ban on renting to illegal immigrants.
More... (http://dfwimmigrationlaw.clarislaw.com/immigration-news/another-judge-rules-farmers-branch-rental-ban-is-unconstitutional.php)
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sanjay02
02-13 01:40 AM
Try the FOIA Freedom of Information
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dtekkedil
07-30 06:34 PM
1) There are flights from Manchester, NH to Baltimore, MD for about 150$ (Flying to DC from Manchester costs an additional 100$). It is just 45 miles from Washington, DC. I have read in one of the postings that there are trains from Baltimore to DC Central. We can book hotels in DC through Priceline.
2) If we have enough people, we may be able to drive to DC (rent a bus or a minibus from Boston) But it is at least a 10 hour drive. That means we may have to take at least half the day off on Wednesday as well. We can then start back Thursday evening itself.
It makes sense to book hotels together as it will give us a better chance to prepare for the rally.
I hope more people come forward. I know this is a difficult thing to do. But it is necessary.
There are so many IV members from in and around Massachusetts and only one other has volunteered so far!
2) If we have enough people, we may be able to drive to DC (rent a bus or a minibus from Boston) But it is at least a 10 hour drive. That means we may have to take at least half the day off on Wednesday as well. We can then start back Thursday evening itself.
It makes sense to book hotels together as it will give us a better chance to prepare for the rally.
I hope more people come forward. I know this is a difficult thing to do. But it is necessary.
There are so many IV members from in and around Massachusetts and only one other has volunteered so far!
realist
01-07 09:08 AM
Rep. Steve King (R-Iowa) isn�t wasting any time with his immigration agenda, dropping a bill on the first day of Congress that goes after birthright citizenship.
King�s measure would amend the Immigration and Nationality Act, ending automatic citizenship for anyone born in the country. Instead, the measure requires that only the children of citizens, legal immigrants permanently living in the country or immigrants in the military, be granted citizenship.
Republicans grabbed headlines last summer after Sen. Lindsey Graham (R-S.C.) criticized the longstanding law, saying it encourages pregnant women to come to the country to have children so they can eventually become citizens themselves.
Though others have called for changing the 14th Amendment, King said that ending birthright citizenship through statute makes sense because it�s easier to do.
�We need to address anchor babies,� he told POLITICO Wednesday. �This isn�t what our founding fathers intended.�
Immigration legislation isn�t high on the list of priorities for House GOP leaders.
At least five other members � Reps. Phil Gingrey (R-Ga.), Gary Miller (R-Calif.), Rob Woodall (R-Ga.), Brian Bilbray (R-Calif.) and Dana Rohrabacher (R-Calif.) � are co-sponsoring King�s measure.
Read more: Steve King unveils birthright bill - Simmi Aujla - POLITICO.com (http://www.politico.com/news/stories/0111/47125.html#ixzz1AMXwXFZJ)
King�s measure would amend the Immigration and Nationality Act, ending automatic citizenship for anyone born in the country. Instead, the measure requires that only the children of citizens, legal immigrants permanently living in the country or immigrants in the military, be granted citizenship.
Republicans grabbed headlines last summer after Sen. Lindsey Graham (R-S.C.) criticized the longstanding law, saying it encourages pregnant women to come to the country to have children so they can eventually become citizens themselves.
Though others have called for changing the 14th Amendment, King said that ending birthright citizenship through statute makes sense because it�s easier to do.
�We need to address anchor babies,� he told POLITICO Wednesday. �This isn�t what our founding fathers intended.�
Immigration legislation isn�t high on the list of priorities for House GOP leaders.
At least five other members � Reps. Phil Gingrey (R-Ga.), Gary Miller (R-Calif.), Rob Woodall (R-Ga.), Brian Bilbray (R-Calif.) and Dana Rohrabacher (R-Calif.) � are co-sponsoring King�s measure.
Read more: Steve King unveils birthright bill - Simmi Aujla - POLITICO.com (http://www.politico.com/news/stories/0111/47125.html#ixzz1AMXwXFZJ)
kirupa
05-06 06:14 PM
I liked your first and third one more, but since others liked your second also, I'll add up all three ;)
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