lhk86
08-12 10:42 AM
My wife has her H-4 visa expired. She has her papers(I-797) valid until Dec 2010.
My firm plans on filing an extension for my H1 and my wife's H4 next month. Is it ok for her to stay in India while the H1/H4 extension is getting processed?
Is it ok to travel via Frakfurt? Would she need a transit visa?
Please advice. Thank you,for your responses.
My firm plans on filing an extension for my H1 and my wife's H4 next month. Is it ok for her to stay in India while the H1/H4 extension is getting processed?
Is it ok to travel via Frakfurt? Would she need a transit visa?
Please advice. Thank you,for your responses.
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eilsoe
09-30 08:43 AM
I have a scanner. Cheap *** sh*tty scanner that renders green lines all over my scanned artwork...
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/)
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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loudobbs
08-28 12:56 PM
sure...attend the Immigration Rally!!
what to do after attending the rally?:D
what to do after attending the rally?:D
more...
IndianBoy
11-25 11:05 AM
I have a approved H1b from company A. Company A also shared a copy of approval. I was never counted under H1b cap before this approval. If I now decide not to join company A and assuming company A will not cancel H1b, can I use this H1b to join another company B later using H1b transfer�???? I am presently on cap except H1b and need a cap subject H1b in order to move to any private firm. So approval from company A matters a lot to me.
Has anyone done this�????
Thanks in advance...
Has anyone done this�????
Thanks in advance...
eb3_nepa
03-21 05:31 PM
Yeah was a real eye opener, this one. Makes u wonder sometimes, whether we are really welcome in this country or not. More importantly, will we ever be REALLY accepted as part of the "American culture". These organizations are open about their "feelings" toward immigrants. There are a Whole lot more people who may not be so open about their thoughts, but still have them nonetheless.
But worry not, we are equally thick skinned. Green Card to Lekar hi rahenge :)
But worry not, we are equally thick skinned. Green Card to Lekar hi rahenge :)
more...
kirupa
02-11 01:37 AM
What does your code currently look like?
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kghoshal
12-31 05:28 PM
Consult attorney Murthy with new memo, she may help you. It is my personal opinion.
more...
suttu
01-14 12:28 PM
Its been more than a month that my employer got the approval email but the lawyers say they never got the paper cert. In their opinion, now it is too late to expect the paper. They also say that it is impossible to get a duplicate cert from DOL.
The only option, per my lawyers, is to file a regular I140 and ask USCIS to get the duplicate directly from USDOL when we get the RFE.
Has anyone else had a similar experience or is the laywer pulling my chain since i have three EADs and APs due for approval in 3 months.
Can folks confirm that PERM certs indeed go missing and this is the only recourse?
The only option, per my lawyers, is to file a regular I140 and ask USCIS to get the duplicate directly from USDOL when we get the RFE.
Has anyone else had a similar experience or is the laywer pulling my chain since i have three EADs and APs due for approval in 3 months.
Can folks confirm that PERM certs indeed go missing and this is the only recourse?
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ImmiUser
12-01 04:58 PM
so does it means I can have only one GC (I485) processing at a time ? I can't have two GC(I-485) processing in parallel , one dependent I-485 which was filed through my husband's and another one filed under my own GC processing ? Actually, as I already have I-485 filed under EB3 and was planning to file another one under EB2 and though I will take the one whichever gets approved first. Also, this way there will be a backup plan as well. But seems like that is not feasible..huh (
more...
go_guy123
04-20 11:06 PM
RIP: Paying final tribute to John McCain's deceased integrity (http://azstarnet.com/news/opinion/article_68f0d9ac-647b-51be-b53a-a847beffe0d2.html)
We are gathered here today to pay our final respects to John McCain's integrity.
It died recently - turned a triple somersault, stiffened like an exclamation point, fell to the floor with its tongue hanging out - when the senator told Newsweek magazine, "I never considered myself a maverick."
Statesman to politician!!!!!
As a politician he is focussed on getting re-elected and he is moving in the direction of
political wind. The atmosphere against immigration in US has turned toxic in recent years, exactly the very reason why democratic party is not keen on CIR.
We are gathered here today to pay our final respects to John McCain's integrity.
It died recently - turned a triple somersault, stiffened like an exclamation point, fell to the floor with its tongue hanging out - when the senator told Newsweek magazine, "I never considered myself a maverick."
Statesman to politician!!!!!
As a politician he is focussed on getting re-elected and he is moving in the direction of
political wind. The atmosphere against immigration in US has turned toxic in recent years, exactly the very reason why democratic party is not keen on CIR.
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st4rguitar
08-22 12:11 AM
No. Once it has expired, it has expired. The DOL implemented the 180 day rule in July 2007, and since then, all cases have been subjected to it. I have not heard of any exceptions to this rule.
Hello,
I am from India. My employer had applied for PERM EB2 labor while my old EB3 labor was still pending. My EB3 labor, with priority date of MAR 2005, was approved before July fiasco and I was able to apply for 485/EAD/AP/etc.
Last August (2007), my PERM labor was approved too; I had the chance to file a new I140 and request interfiling with my existing 485 application. But my lawyer suggested me not file a new I140 and we let the approved EB2 labor expire.
Now, I am having second thoughts, as I did then. Is there any way I can use the old expired labor (> 180 days after approval). I know I cannot use it directly to file I140, but are there any ancillary benefits of having an approved, albeit expired labor? I am thinking of either checking with my employer if they can file a new EB2 PERM labor if I qualify, or switching my jobs.
Thanks.
Hello,
I am from India. My employer had applied for PERM EB2 labor while my old EB3 labor was still pending. My EB3 labor, with priority date of MAR 2005, was approved before July fiasco and I was able to apply for 485/EAD/AP/etc.
Last August (2007), my PERM labor was approved too; I had the chance to file a new I140 and request interfiling with my existing 485 application. But my lawyer suggested me not file a new I140 and we let the approved EB2 labor expire.
Now, I am having second thoughts, as I did then. Is there any way I can use the old expired labor (> 180 days after approval). I know I cannot use it directly to file I140, but are there any ancillary benefits of having an approved, albeit expired labor? I am thinking of either checking with my employer if they can file a new EB2 PERM labor if I qualify, or switching my jobs.
Thanks.
more...
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chinnailu
04-19 11:18 AM
What Ann said is correct. You can get stuck in Canada. Check this recent experience :H1B Visa stamping Experience 2010 in Canada. 19 days wait in Canada. (http://redbus2us.com/h1b-visa-stamping-experience-2010-in-canada-19-days-wait-in-canada/)
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Pasquale
10-24 04:12 AM
What is your rate?
more...
pictures andy murray bulge. Andy Murray; Andy Murray. tablo13. Feb 11, 09:20 AM
austingc
04-29 05:45 PM
I have a couple of questions regarding H1B.
My current H1B(10th year) is expiring in a month and I am planning to use EAD. My 140 is approved and 485 is pending for over 2 years with company A. At the same time my second 140 is pending with company B.
The question is, in case if I used my EAD to work and for some reason if my 485 is denied, can I get back to my H1B? I was under the impression that I will have to leave the country and wait for 1 year to reset the clock but I was told by someone that its not necessary to wait for an year and I can file a H1B based on my pending I-140 with company B and will have to do it while outside of the country. ( This process does not require a new quota).
Is this true? any ideas?
My current H1B(10th year) is expiring in a month and I am planning to use EAD. My 140 is approved and 485 is pending for over 2 years with company A. At the same time my second 140 is pending with company B.
The question is, in case if I used my EAD to work and for some reason if my 485 is denied, can I get back to my H1B? I was under the impression that I will have to leave the country and wait for 1 year to reset the clock but I was told by someone that its not necessary to wait for an year and I can file a H1B based on my pending I-140 with company B and will have to do it while outside of the country. ( This process does not require a new quota).
Is this true? any ideas?
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ImmInd
03-20 10:02 AM
Yes, Travel via London needs:
EITHER Valid Visa stamping in Passport to Destination Country
OR Direct-Air-Transit UK Visa stamping in Passport
Advance Parole is really a valid Entry Permit - but, it has a class about the officer may still deny your admission. This class is a statement to send the candidate back if they do not want to allow due to some issues after the AP is issued, etc. So, some countries (like UK) do not allow to fly in AP without valid visa stamping.
FYI: My friend travelled via Germany and he returned back OK. Going to India via Germany is not an issue for Indian Citizens - but, Germany had the same rule as UK 2 Yrs back for returning to USA sector. Looks like, Germany allows transit travel using APs now-a-days. Not sure 100% about return to USA using AP , better to check.
EITHER Valid Visa stamping in Passport to Destination Country
OR Direct-Air-Transit UK Visa stamping in Passport
Advance Parole is really a valid Entry Permit - but, it has a class about the officer may still deny your admission. This class is a statement to send the candidate back if they do not want to allow due to some issues after the AP is issued, etc. So, some countries (like UK) do not allow to fly in AP without valid visa stamping.
FYI: My friend travelled via Germany and he returned back OK. Going to India via Germany is not an issue for Indian Citizens - but, Germany had the same rule as UK 2 Yrs back for returning to USA sector. Looks like, Germany allows transit travel using APs now-a-days. Not sure 100% about return to USA using AP , better to check.
more...
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MrZ
10-25 03:02 PM
Hello,
I am an Indian living and working in Gurgaon, India, and my wife is an American citizen. We're planning to apply for my GC and move to the US sometime next year but an opportunity has come up in my organization allowing me to take up a long-term assignment (on an L1 visa) in the US within the next 3-4 months.
I'm not sure whether it would be better for me to just take a GC right now (in which case, would my organization even have the option to apply for an L1 for me?) or should I take an L1 and go to the US whenever the opportunity materializes and then apply for my GC there?
I'm not sure about the pros and cons of both options and would really appreciate some advice although I shall be thinking about it some more on my own as well.
Thank you.
Regards,
MrZ
I am an Indian living and working in Gurgaon, India, and my wife is an American citizen. We're planning to apply for my GC and move to the US sometime next year but an opportunity has come up in my organization allowing me to take up a long-term assignment (on an L1 visa) in the US within the next 3-4 months.
I'm not sure whether it would be better for me to just take a GC right now (in which case, would my organization even have the option to apply for an L1 for me?) or should I take an L1 and go to the US whenever the opportunity materializes and then apply for my GC there?
I'm not sure about the pros and cons of both options and would really appreciate some advice although I shall be thinking about it some more on my own as well.
Thank you.
Regards,
MrZ
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prasadn
02-04 05:04 PM
Since you were out of the country for more than a year on your previous H1 and subsequently you came to US on a H-4 visa, if you apply for H-1 now, you start afresh. You cannot "transfer" your old H-1 AFAIK, please check with other gurus on this forum.
Also, what this means is since this year's quota is exhausted you probably will have to apply after April 1st and if your H1 is approved, it will have a start date of Oct 1, 2010.
Hope this helps.
Hi,
I have an H1, with a receipt date of April 2006. It was valid till July 2008. I came to US on that H1 in 2007 for 2 months. After that I have been working in India till March 2009.
Currently I am on H4. And there is a gap in employment since March 2009.
I have got an offer now and employer will take care of my H1.
I need to know what is the process of H4 to H1 in this case.? Can anybody help me
How much time does this change of status takes place?
The H1 now will be valid for how much time?
Will it depend on my husband's expiry date of H1. My husband's H1 is expiring in Sep 2010
Is it not recommended to move out of the country till status is changed from H4 to H1.
Please somebody reply. Its urgent!
Thanks in advance
Pooja
Also, what this means is since this year's quota is exhausted you probably will have to apply after April 1st and if your H1 is approved, it will have a start date of Oct 1, 2010.
Hope this helps.
Hi,
I have an H1, with a receipt date of April 2006. It was valid till July 2008. I came to US on that H1 in 2007 for 2 months. After that I have been working in India till March 2009.
Currently I am on H4. And there is a gap in employment since March 2009.
I have got an offer now and employer will take care of my H1.
I need to know what is the process of H4 to H1 in this case.? Can anybody help me
How much time does this change of status takes place?
The H1 now will be valid for how much time?
Will it depend on my husband's expiry date of H1. My husband's H1 is expiring in Sep 2010
Is it not recommended to move out of the country till status is changed from H4 to H1.
Please somebody reply. Its urgent!
Thanks in advance
Pooja
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Blog Feeds
06-19 01:20 PM
AILA Leadership Has Just Posted the Following:
As many regular readers of this blog know, I am impressed by the amazing work of Vivek Wadhwa, research associate at Harvard, and an entrepreneur in residence at Duke. This week his most recently published article, The University Of Competition (http://www.outlookindia.com/full.asp?fodname=20090622&fname=GCol+Vivek+Wadhwa+(F)&sid=1), in Outlook India, points out the obvious--"with its flawed immigration policies, the U.S. has exported part of its economic stimulus and is providing a windfall of premium talent to these countries (India and China)."
Vivek also appeared in a NPR's Marketplace segment on how sophisticated engineering jobs are disappearing from the U.S. and moving to India (http://marketplace.publicradio.org/www_publicradio/tools/media_player/popup.php?name=marketplace/pm/2009/06/17/marketplace_cast2_20090617_64). The report by Janet Babin starts with an unemployed Silicon Valley engineer and ends with Wim Elfrink � Cisco�s Chief Globalization Officer who is based in Bangalore. In that piece, Vivek discusses how the world has changed and how companies now need to be near growth markets.
This pieces and other recent pieces show that plodding ideas about commissions and study groups to recommend visa numbers are relics of a past age. The question is, will Congress act quickly enough on immigration reform to actually make a difference in helping our economy recover. Every immigration lawyer knows these simple truths--lazy people do not walk across the desert. And, its corollary--the Hope that is American attracts those willing to work hard to succeed. Well, the former principle is still true, at least for now. The latter is giving way to hopelessness--backlogged visa numbers ("encased in amber"), and a growing and vibrant economy in China and India. The failure to act quickly is going to cost America in the long run. Let's pray someone in the White House and on Capitol starts this immigration reform discussion moving before it is too late.https://blogger.googleusercontent.com/tracker/186823568153827945-2392842088350390333?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/06/vivek-wadwha-voice-in-wilderness.html)
As many regular readers of this blog know, I am impressed by the amazing work of Vivek Wadhwa, research associate at Harvard, and an entrepreneur in residence at Duke. This week his most recently published article, The University Of Competition (http://www.outlookindia.com/full.asp?fodname=20090622&fname=GCol+Vivek+Wadhwa+(F)&sid=1), in Outlook India, points out the obvious--"with its flawed immigration policies, the U.S. has exported part of its economic stimulus and is providing a windfall of premium talent to these countries (India and China)."
Vivek also appeared in a NPR's Marketplace segment on how sophisticated engineering jobs are disappearing from the U.S. and moving to India (http://marketplace.publicradio.org/www_publicradio/tools/media_player/popup.php?name=marketplace/pm/2009/06/17/marketplace_cast2_20090617_64). The report by Janet Babin starts with an unemployed Silicon Valley engineer and ends with Wim Elfrink � Cisco�s Chief Globalization Officer who is based in Bangalore. In that piece, Vivek discusses how the world has changed and how companies now need to be near growth markets.
This pieces and other recent pieces show that plodding ideas about commissions and study groups to recommend visa numbers are relics of a past age. The question is, will Congress act quickly enough on immigration reform to actually make a difference in helping our economy recover. Every immigration lawyer knows these simple truths--lazy people do not walk across the desert. And, its corollary--the Hope that is American attracts those willing to work hard to succeed. Well, the former principle is still true, at least for now. The latter is giving way to hopelessness--backlogged visa numbers ("encased in amber"), and a growing and vibrant economy in China and India. The failure to act quickly is going to cost America in the long run. Let's pray someone in the White House and on Capitol starts this immigration reform discussion moving before it is too late.https://blogger.googleusercontent.com/tracker/186823568153827945-2392842088350390333?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/06/vivek-wadwha-voice-in-wilderness.html)
njboy
09-22 11:07 PM
You wrote-"(I am certified in both the subject)"
I am certified in both the subjects
Maybe you should attend some ESL classes yourself before teaching it.
I am certified in both the subjects
Maybe you should attend some ESL classes yourself before teaching it.
rabbitboy33
03-08 02:26 PM
Thanks.
Is it possible to do the following instead:?
1) Print the completed form 9089 from the SEVIS website, and have the lawyer sign it.
2) Attach it to the letter stating that labor has been certified.
Do you think this could do ?
Is it possible to do the following instead:?
1) Print the completed form 9089 from the SEVIS website, and have the lawyer sign it.
2) Attach it to the letter stating that labor has been certified.
Do you think this could do ?
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