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  • H1B-GC
    06-18 11:14 AM
    Wondering if we need to Pay $80 towards Biometric Fee when Renewing I-131? Paid the Biometric Fee last year when the Travel Document was Applied for the First Time.




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  • giddi_raja@yahoo.com
    10-08 10:12 PM
    Dear Friends,

    I have changed my employer after 180 days of my pending I-485. I have not communicated USCIS about this. I was able to renew my EAD, and AP online with proper documentation without any issues.

    I am planning to travel to India on Advance Parole now. Wondering if I can show my former employer's documentation such as I-485, I-140 approvals if anything arises while going or returning. Do you anticipate any issues with this? or do I need to carry any information about current employer, and my Job?. Appreciate your help.

    --Raj.




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  • vinodp1978
    08-25 10:16 PM
    I am in the same situation...my 6th yr H1 expires on Feb 2008. I am really hoping that I will get an EAD before my H1 expiration. But if I dont get an EAD on time then I will apply for recapturing my time outside USA. I travel overseas a lot on business so basically i will need about 3months of time recaptured to meet the 1 yr prior labor approval for H1 extension. My PD is april 2007. Hope this helps and works out for you.

    BTW..i recieved my receipt notices for EAD,485 and AP last week.




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  • snathan
    03-02 02:23 PM
    I recently got my EB1 I-140 approved. Now my lawyer wants to apply for the I-485 but I am unemployed currently. What are my options in this case? Do I show I am self-employed and apply the I-485 or wait till I get a job.

    Just as a background I already have a EB2 Employer based I-485 in process and therefore have the EAD and AP in hand. The EB2 I-485 was applied in 2007 so it is past the 180 days period.

    Urgent help will be greatly appreciated.

    Would you mind to tell the basis for EB1...?



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  • kpartha
    03-25 09:24 AM
    'Saw Fareed Zakaria mention the topic in GPS on Sunday.
    Matt Frei questioned Eric Schmidt in BBC world news America yesterday. he responded it being one of the most stupid laws this country has ever had.

    Smart ones are picking up - hopefully things will change over time.

    Dude,

    AC360 is Andersen Cooper 360




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  • Blog Feeds
    12-18 09:50 AM
    As a California immigration lawyer who files many asylum cases, I am used to thinking of a the United States as a place of refuge and to documenting the horrible country conditions of other countries. I have successfully represented applicants for asylum who feared staying in their countries because while serving in their countries' armies, they were harmed on account of their sexual orientation.

    It is therefore rather surprising to come across a story of a U.S.soldier who is fleeing to Canada (http://www.cbc.ca/canada/story/2009/11/20/refugee-board-soldier-lesbian.html) because she fears harm in the U.S. Army on account of her sexual orientation. According to CBC news, U.S. Army Pte. Bethany Smith fled Canada in September 2007 from a U.S. Army base in Fort Campbell, Ky. She applied for refugee status in October 2007, saying that she was harassed and threatened by fellow soldiers over her sexual orientation and feared that her life would be in danger if she were deported and returned to the army. The Canadian authorities initially rejected in her claim in February 2009. However, on appeal, the Federal Court of Canada held that the refugee board must reconsider the case again because the Board made several mistakes in initially reviewing her claim.

    The Federal Court's decision (http://www.californiaimmigrationlawyerblog.com/Smith%20and%20the%20Minister%20of%20Citizenship%20 and%20Immigration.pdf)noted that the refugee board failed to fully consider the evidence pertaining to the situation of gays and lesbians in the U.S. Army to determine whether Pte. Smith could have availed herself of protection in the United States. The Federal Court also noted that the Board failed to determine whether Pte. Smith would be persecuted on account of her social group - as a lesbian in the U.S. Army if forced to return. There were other errors mentioned in the decision.

    It is sad that the U.S. policy of "Don't Ask, Don't Tell," is the basis of an asylum claim in Canada. Pt. Smith was only 19 years old when she fled to Canada. From everything I read, it appears that she wanted to serve in the U.S. Army and no real desire to leave the United States. At a time when we apparently need people to serve in the Armed Forces and in fact give non-citizens a way to immigrate to the United States faster for their service, it seems ridiculous that an American citizen should have to leave. It it is time to eliminate the "Don't Ask, Don't Tell" policy.



    More... (http://www.californiaimmigrationlawyerblog.com/2009/11/us_army_soldier_applies_for_as.html)



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  • gbof
    09-01 04:37 PM
    Please click on the poll for data gathering purposes.

    Please select as many options as required.
    Thanks for starting this poll.
    'Lucky Sept Guys' CONGRATS on getting greened. Please, take a moment to enter info in this poll




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  • dalishi
    09-02 07:14 PM
    ;)



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  • tarone
    11-28 05:22 PM
    Hi,

    There is wrong priority date on my Labor Certification approval. They
    put 2001 instead of 2002 .
    It looks they apparently mixed date with some other candidate who have
    similar name as mine. They lost his case and put his priority date on mine.

    Now can somebody tell me what are my options?
    I can not file if the priority date is correct on LCA. But If I apply
    for 1-485 using this wrong date, it may be risky because if they find
    the correct date it may be problem.

    Therefore, I don;t want to take any risk, I just want to apply for
    I-140 but should I contact LABOR OFFICE to fix the date and then submit
    the application for I-140. Unfortunately Labor Office is not replied
    yet on my request to fix this issue.

    Any Advice.




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  • amengiv
    01-14 10:16 AM
    a2k2, Thanks a lot and best wishes!



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  • baleraosreedhar
    02-06 12:36 PM
    One problem is as the new company is big desi firm they are not giving me copies of Approved labour and I140, i just have the I140 number.So can you please let me know is it possible to port my PD without I140 document by just quoting the I140 number.

    Thanks
    Sreedhar




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  • gcnirvana
    05-03 05:46 PM
    All,
    I am a little confused. I just got my H1B extension done recently and my attorney sent me a letter saying that if I go out of the country for stamping I need to make sure my Passport is valid beyond the H1B period.

    My passport expires in May 2008 and my current H1 is valid till July 2010. Does anyone see any issues in going for stamping in India in July 2007 with my current passport and later on some time next year applying for a new Indian passport.

    Appreciate your help

    Your passport should be valid atleast 6 months from the date of stamping. So I think you should be okay. Also, its better to apply for a new passport 6 months before your old one expires. And once you get your new passport you'll have to carry both your new and the old ones as your old one will have the stamping till July 2010. Hope this helps!



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  • bestin
    10-05 03:19 PM
    ARE YOU THE SAME ONE WHO MISSED SENDING YOUR WIFE'S PACKAGE!!!!!AND NOW YOU ARE GOING TO INDIA FOR YOUR MARRIAGE!!!


    Dear All,
    I got a labor substitution and filed for my I-140 and I-485 concurrently. Today was the last day to send the documents and some paperwork was missing for my wife! I missed sending the package!

    Now how should i proceed?? My wife is on H1-B currently. Any ideas??

    My priority date is 25 jan 05 - eb2.

    Thanks,
    KK.
    Probably the current post is by his wife.probably she divorced him for being careless in sending her papers:D




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  • Blog Feeds
    08-12 09:50 AM
    There is not a dull moment this summer for us immigration lawyers, all thanks to good old USCIS. On 8/6/09 USCIS announced that it has reopened the fiscal year 2009 H-2B petition filing period and will immediately accept petitions. This is after closing the cap in January this year.

    How could this happen? The Department of State received far fewer than expected requests for H-2B visas and as a result, has issued only 40,640 H-2B visas for fiscal year 2009 to date. This means that there are approximately 25,000 visas that may go unused, as they have not been granted. Because of the low visa issuance rate, USCIS is reopening the filing period to allow employers to file additional petitions for qualified H-2B temporary foreign nonagricultural workers.

    But the catch is that filing and processing must be done by September 30, 2009. So those eligible must use the premium processing to do so. Also, employers must submit the Form I-129 Petition for a Nonimmigrant Worker to USCIS with all required documents, including an approved Alien Employment Certification from the U.S. Department of Labor that is valid for the entire employment period stated on the petition. The petitioner must also indicate an employment start date before Oct. 1, 2009. Otherwise the case will be considered for fiscal year 2010.

    These are good news for employers in the Hospitality and construction industries, as long as they have approved Labor Certification to be used. My guess is that there are not too many employers that filed for Labor Certifications knowing that visas will not last too long. But this is an indication for the future of the H2B visa and the cap restrictions. We call the government to lift the cap once and for all.

    Read the press release from USCIS here Download file (http://www.visalawyerblog.com/uscis%202009.pdf)







    More... (http://www.visalawyerblog.com/2009/08/h2b_visas_uscis_announces_reop.html)



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  • atleasth1b
    08-22 05:08 PM
    I am in a very Bad situation it seems, please help.

    I am working in US on L1B visa and Wife on L2. then Wife got a Job and her employer filled her 485.

    In the mean time I applied for H1 (through a consultant, to get out of the L1B company). Looks like the H1 Got Approved. Now, I think the problem is, If I switch to H1, then she will loose her job and our chance of Getting EAD will go.

    I do NOT want to go for H1, but EAD Is important to me. Is there a Way I can keep my L1? (so that my wife can keep her job)

    Please help




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  • Blog Feeds
    09-01 10:00 AM
    Hunton Immigration and Nationality Law Blog Has Just Posted the Following:
    The U.S. Department of State has confirmed that contractors on a pre-approved list (http://www.huntonfiles.com/files/webupload/Immigration_DOS_KCC_Approved_Auditor_List_Aug_2010 .pdf)at the Kentucky Consular Center (KCC) are now auditing approved nonimmigrant petitions -- including H-1B and L-1 petitions -- in order to verify that information contained in the petitions is correct. The audits are creating significant delays for petition-based visa applicants at embassies worldwide.

    Auditors may make a "cold call" to the U.S. employer who filed the petition, asking about the company's activities, location, employees, shareholders, etc., and may also review the company's website or use Google Earth to confirm the existence of a facility in the location specified on the petition. Contractors may also ask employers about the beneficiaries of these petitions -- the foreign nationals whom the employer wishes to employ (or continue employing) in nonimmigrant status.

    Following verification, the contractors will create new "base petitioner records" in the KCC's Petition Information Management Service (PIMS) database. Until KCC verifies the petitions and updates these records, no consular officer at a U.S. embassy abroad may issue a petition-based visa to an applicant. Consular officers are also instructed to question visa applicants further in order to determine if the beneficiary information in the updated PIMS record is correct and complete.

    Any adverse information the KCC contractor learns during an audit call may lead to denial of a beneficiary's visa application, even based on a previously approved petition, and may also affect the approvability of future petitions. Therefore, a U.S. employer who receives such a call should contact immigration counsel prior to providing any information so that (a) the auditor's name and credentials can be compared against the approved list (http://www.huntonfiles.com/files/webupload/Immigration_DOS_KCC_Approved_Auditor_List_Aug_2010 .pdf); (b) counsel can be present on the call; (c) the employer can prepare adequately by reviewing the petition; and (d) the call can be documented appropriately.


    http://feeds.feedburner.com/~r/HuntonImmigrationAndNationalityLawBlog/~4/hh_pmij8WeY



    More... (http://feeds.lexblog.com/~r/HuntonImmigrationAndNationalityLawBlog/~3/hh_pmij8WeY/)



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  • natrajs
    08-21 05:36 PM
    Just Wait, Nothing You can do!




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  • Carol
    03-09 01:00 PM
    I need to file for my tax refund now, but my employer is not sending me my W-2.

    I used to work in US for 3 months under a program called Work and Travel. My employer is supposed to send me my W-2 now, but they haven't. When i checked with them, they told me as they never received my social security, a W-2 was never issued under my name. But the fact is that, they sent me an email last August telling me that they sent out my social security card on 23/07/2008. However the problem is that as they did not note down the correct address, the mail was lost (Anyway i am going to the US Embassy in my country to retrieve it). So i think they were cheating.
    When i told my manager about this email, she explained saying that it was not about the social security. She said the W-2 was sent to them after i had left US, so while they never had it when my checks were issued. So it was never sent to their corporate as i am no longer working for them. And i think they are cheating me again.
    I do not really understand how this works. Is her explanation reasonable?

    What shall i do for my tax refund now?




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  • ascetic
    05-03 05:53 AM
    What about the Spidy ?

    Peter Parker is American, lived in NY with his aunt and uncle. He can still look around for greener pastures. There must be better jobs than being a photographer at Daily Bugle with no promotions and a yelling boss. :)




    srini1976
    03-26 10:41 AM
    Just check if the physician fills out the I-693 form without errors and signs it appropriately.




    lahuja1
    01-24 03:39 PM
    The LCA was only filed last week (01/18)...



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