number30
07-23 06:28 PM
Hi,
I recently traveled to Canada by land for 1 week . When I went to Canada the canadian authorities did not take my I 94. When I returned from canada, the US officials did not give me a new I 94, will this be a problem ?
Thank you for your time.
If the travel is less then 30 days to Canada or Mexico you do not need Visa Stamping also. It is called Automatic Visa Revalidation.
http://cbp.gov/linkhandler/cgov/travel/id_visa/revalidation.ctt/revalidation.pdf
I recently traveled to Canada by land for 1 week . When I went to Canada the canadian authorities did not take my I 94. When I returned from canada, the US officials did not give me a new I 94, will this be a problem ?
Thank you for your time.
If the travel is less then 30 days to Canada or Mexico you do not need Visa Stamping also. It is called Automatic Visa Revalidation.
http://cbp.gov/linkhandler/cgov/travel/id_visa/revalidation.ctt/revalidation.pdf
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kumaabh
01-21 06:09 PM
I think you cant work internationally and invoke AC21. It doesnt make any sense. However, you can work internationally without invoking AC21 and still keep the GC process alive, because GC is for a future position.
veda
07-25 02:31 PM
I would like to request for info pass, let us say If I need it on August 2nd week how many days before I can login to info pass and take that.
In other words if I go an take Info pass today when can I get the erliest scheduled date?.
Thanks,
In other words if I go an take Info pass today when can I get the erliest scheduled date?.
Thanks,
2011 hair (dark roots to light
Sunx_2004
03-24 11:58 AM
Its a good consolidated report, It clearly says system is broken and need a fix. Almost all the legislation listed at the end talk about either recapturing lost visas or increase the numerical limit.
Thanks
Check attachment.
Thanks
Check attachment.
more...
abuddyz
01-20 07:07 PM
I asked my company attoreny about this.. he said that immigration petition is I-140 and as I-140 is not filed for your wife (I-485 is already filed for my wife) so I should say No there for my wife's form.
amar123
11-24 05:03 PM
Hi All,
Is there a fee for filing a renew advance parole document for a application based on a I-485 filed after July 2007.
I know that there is no fee for I-765 renewal, but , there is a conflict for I-131 based on the following info:
1.
USCIS - Instructions for Electronically Filing Form I-131 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=e650065d85cee010VgnVCM1000000ecd190aRCR D&vgnextchannel=9059d9808bcbd010VgnVCM100000d1f1d6a1 RCRD)
If you filed Form I-485, Application to Register Permanent Residence or Adjust Status under the fee structure in place on or after July 30, 2007, then no fee is required to also file a request for a travel document on Form I-131 for an advance parole or refugee travel document. Those applications may not be electronically filed and must be submitted to USCIS via regular mail or courier service.
2.USCIS decides 1-131 is not eligible for fee waiver - probono.net - Asylum Law (http://www.probono.net/asylum/news/article.198509-USCIS_decides_1131_is_not_eligible_for_fee_waiver+ i-131+fee+waiver+july+2007&cd=4&hl=en&ct=clnk&gl=us)
The USCIS revisited a response they gave in the April National Stakeholder Meeting Q & A <http://www.uscis.gov/files/nativedocuments/CBO_042908.pdf> to question #7 regarding fee waivers on the I-485 application package. Their initial response indicated that a fee waiver may be applied to the I-131 (Application for Travel Document) if the I-485, I-765, and I-131 were filed concurrently after July 30, 2007 and the fee waiver application was granted on the I-485.
Upon review of the applicable law they now note that the I-131 is not actually eligible for a fee waiver at any time. The legal basis for this reasoning can be found in controlling language at 8 CFR 103.7(b) provides that "... no additional fee will be charged for a request for travel document (advance parole) or employment authorization filed by an applicant who has paid the Form I-485 application fee..."
Thanks,
Amar
Is there a fee for filing a renew advance parole document for a application based on a I-485 filed after July 2007.
I know that there is no fee for I-765 renewal, but , there is a conflict for I-131 based on the following info:
1.
USCIS - Instructions for Electronically Filing Form I-131 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=e650065d85cee010VgnVCM1000000ecd190aRCR D&vgnextchannel=9059d9808bcbd010VgnVCM100000d1f1d6a1 RCRD)
If you filed Form I-485, Application to Register Permanent Residence or Adjust Status under the fee structure in place on or after July 30, 2007, then no fee is required to also file a request for a travel document on Form I-131 for an advance parole or refugee travel document. Those applications may not be electronically filed and must be submitted to USCIS via regular mail or courier service.
2.USCIS decides 1-131 is not eligible for fee waiver - probono.net - Asylum Law (http://www.probono.net/asylum/news/article.198509-USCIS_decides_1131_is_not_eligible_for_fee_waiver+ i-131+fee+waiver+july+2007&cd=4&hl=en&ct=clnk&gl=us)
The USCIS revisited a response they gave in the April National Stakeholder Meeting Q & A <http://www.uscis.gov/files/nativedocuments/CBO_042908.pdf> to question #7 regarding fee waivers on the I-485 application package. Their initial response indicated that a fee waiver may be applied to the I-131 (Application for Travel Document) if the I-485, I-765, and I-131 were filed concurrently after July 30, 2007 and the fee waiver application was granted on the I-485.
Upon review of the applicable law they now note that the I-131 is not actually eligible for a fee waiver at any time. The legal basis for this reasoning can be found in controlling language at 8 CFR 103.7(b) provides that "... no additional fee will be charged for a request for travel document (advance parole) or employment authorization filed by an applicant who has paid the Form I-485 application fee..."
Thanks,
Amar
more...
hpandey
07-15 01:47 PM
I have a EAD valid for next 2 years and H1 is also valid till Nov 2010, my employer want to cancel my H1 and to put me on EAD. Is there any kind of risk involved in doing so, Please suggest.
There is not much risk in moving to EAD but I don't get why your employer wants to cancel an H1 which is valid till 2010. I have seen employers not wanting to extend an H1 if the employee has an EAD but going out of way to cancel a valid H1 seems extreme.
Tell your employer to continue your employment on H1 until it expires and then they can start you on EAD. That would give you enough time to think of the PROs and CONS.
A lot of people move to EAD ( don't renew H1 ) since it only costs more money for the company ( although it provides a small safety net in case your I-485 is in jeopardy somehow ). In my view it is very safe to move to EAD but again in your case I would ask the company to wait till 2010 for your current H1 to expire.
There is not much risk in moving to EAD but I don't get why your employer wants to cancel an H1 which is valid till 2010. I have seen employers not wanting to extend an H1 if the employee has an EAD but going out of way to cancel a valid H1 seems extreme.
Tell your employer to continue your employment on H1 until it expires and then they can start you on EAD. That would give you enough time to think of the PROs and CONS.
A lot of people move to EAD ( don't renew H1 ) since it only costs more money for the company ( although it provides a small safety net in case your I-485 is in jeopardy somehow ). In my view it is very safe to move to EAD but again in your case I would ask the company to wait till 2010 for your current H1 to expire.
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roseball
09-16 02:21 AM
You can get your EB3 PD. Your lawer needs to write to the USCIS to port your PD. Attorney here would give you more details and wait for them to respond.
The OP cannot port his EB-3 PD in this case as his EB-3 I-140 was not filed/approved. One can only port an older PD if they have an approved I-140 with old PD. Just an approved LC with old PD won't help.
The OP cannot port his EB-3 PD in this case as his EB-3 I-140 was not filed/approved. One can only port an older PD if they have an approved I-140 with old PD. Just an approved LC with old PD won't help.
more...
vishwak
11-10 02:35 PM
What exactly USCIS did??? which is making you to file Case???
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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).
Yes transfer is possible. However your current employer's h1b petition also
needs to be approved (RFEs replied to etc).
more...
Blog Feeds
12-19 01:00 PM
Immigration Visa Attorney Blog Has Just Posted the Following:
Jon and Kate Plus 8, the once-popular TLC reality program about the Gosselin family, their twins and their sextuplets is kaput. But that's old news. Today, the Gosselins officially closed the chapter on their 10 year marriage with the announcement their divorce becoming final.
Divorce is always difficult. Kate says she looks forward to her future. No word from Jon...yet. For the Gosselins, they can and should move on.
But what if Jon or Kate were immigrants? What if Jon or Kate faced deportation because their marriage failed? If Jon or Kate had been granted a greencard based on their marriage, what would happen to them once their marriage ended?
This is an immigration concept called conditional residency. We represent many individuals who apply for permanent residency through their marriage to a US citizen. These are usually great cases because we are helping happy new couples stay together, and "move forward" in their lives. But what happens if the happy couple separates or divorces? In the worst scenario, USCIS will revoke or terminate the foreign spouse's conditional residency, leaving the spouse vulnerable to deportation proceedings, standing alone and at best, with competent immigration counsel at his/her side.
In revoking conditional residency and initiating deportation proceedings, USCIS looks into the nitty gritty details of what happened in that marriage, was the marriage entered into for the immigration benefit rather than purely for love? Who's fault was it that the marriage ended? And could you (the foreign national) prove it? Imagine the reality show going behind the scenes to investigate, whether it was Kate's nagging that led to the failure of the marriage, or whether Jon's alleged affairs were the actual cause of the breakup and divorce. And would you feel comfortable knowing that USCIS is your final arbiter? If you married, got conditional residency and are now in divorce proceedings or separated from your spouse, think about calling Fong & Chun, LLP for a free consultation. ---ecf
More... (http://www.immigrationvisaattorneyblog.com/2009/12/jon-and-kate-divorce-is-final.html)
Jon and Kate Plus 8, the once-popular TLC reality program about the Gosselin family, their twins and their sextuplets is kaput. But that's old news. Today, the Gosselins officially closed the chapter on their 10 year marriage with the announcement their divorce becoming final.
Divorce is always difficult. Kate says she looks forward to her future. No word from Jon...yet. For the Gosselins, they can and should move on.
But what if Jon or Kate were immigrants? What if Jon or Kate faced deportation because their marriage failed? If Jon or Kate had been granted a greencard based on their marriage, what would happen to them once their marriage ended?
This is an immigration concept called conditional residency. We represent many individuals who apply for permanent residency through their marriage to a US citizen. These are usually great cases because we are helping happy new couples stay together, and "move forward" in their lives. But what happens if the happy couple separates or divorces? In the worst scenario, USCIS will revoke or terminate the foreign spouse's conditional residency, leaving the spouse vulnerable to deportation proceedings, standing alone and at best, with competent immigration counsel at his/her side.
In revoking conditional residency and initiating deportation proceedings, USCIS looks into the nitty gritty details of what happened in that marriage, was the marriage entered into for the immigration benefit rather than purely for love? Who's fault was it that the marriage ended? And could you (the foreign national) prove it? Imagine the reality show going behind the scenes to investigate, whether it was Kate's nagging that led to the failure of the marriage, or whether Jon's alleged affairs were the actual cause of the breakup and divorce. And would you feel comfortable knowing that USCIS is your final arbiter? If you married, got conditional residency and are now in divorce proceedings or separated from your spouse, think about calling Fong & Chun, LLP for a free consultation. ---ecf
More... (http://www.immigrationvisaattorneyblog.com/2009/12/jon-and-kate-divorce-is-final.html)
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raysaikat
08-01 12:11 AM
Dear Madam,
My wife is also in the same situation, I am not sure if you have found the response from anyone, but i would really appreciate if you can share your findings about the same question..
Regards,
-AShu
You need to carry both passports. The VISAs on the older passport remain valid unless they were explicitly voided.
My wife is also in the same situation, I am not sure if you have found the response from anyone, but i would really appreciate if you can share your findings about the same question..
Regards,
-AShu
You need to carry both passports. The VISAs on the older passport remain valid unless they were explicitly voided.
more...
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tradahoo
09-04 08:10 PM
Hi,
Anyone knows about filing for PERM on the 6th year of H1B? Will it still eligible for H1B extension?
Anyone knows about filing for PERM on the 6th year of H1B? Will it still eligible for H1B extension?
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GCWhru
09-21 09:19 PM
Case received and Pending is a usual status when case is pending.
Sometimes status still remains pending even after case is processed. Also it doesn't mean that you should receive approval since your processing date is with in normal processing time, it may take one or two months more too.
Sometimes status still remains pending even after case is processed. Also it doesn't mean that you should receive approval since your processing date is with in normal processing time, it may take one or two months more too.
more...
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fromnaija
02-26 01:10 PM
The risk is that you do not know which petition will be approved first. According to the "last action rules" principle, the last petition to be approved will be your wife's status. For instance, if the H4 petition is approved last she may need to file a change of status to be in H1 or alternatively travel out and re-enter with the desired visa, and vice-versa.
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milind70
06-18 10:08 AM
My birth certificate does not have my name on it. (in india it is OK to name the new born a few weeks after birth.) so it just says "baby boy" on it:)
Do i need an affidavit from my parents mentioning my name?
Yes you need affidavits from your parents ,it is a common practise in India where the baby is named by the aunt in a naming ceremony
Do i need an affidavit from my parents mentioning my name?
Yes you need affidavits from your parents ,it is a common practise in India where the baby is named by the aunt in a naming ceremony
more...
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AB1275
09-25 04:25 PM
Can anyone tell me what does this mean? The recorded line mentions I-797 and initial evidence. PLEASE HELP!!!!
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: REQUEST FOR INITIAL EVIDENCE SENT, CASE PLACED ON HOLD
On September 25, 2009, we mailed a notice requesting initial evidence in this case. Please follow the instructions on the notice to submit the evidence requested. Meanwhile, processing of this case is on hold until we either receive the evidence or the opportunity to submit it expires. Once you submit the evidence requested and a decision is made, you will be notified by mail. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: REQUEST FOR INITIAL EVIDENCE SENT, CASE PLACED ON HOLD
On September 25, 2009, we mailed a notice requesting initial evidence in this case. Please follow the instructions on the notice to submit the evidence requested. Meanwhile, processing of this case is on hold until we either receive the evidence or the opportunity to submit it expires. Once you submit the evidence requested and a decision is made, you will be notified by mail. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
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nixstor
01-05 12:26 PM
http://www.greatandhra.com/special/articles/green_wait.php
Greatandhra is pretty much a gossip site.
I have written to bunch of movie websites in the past. It didnt work out. Some how they posted it now.
Greatandhra is pretty much a gossip site.
I have written to bunch of movie websites in the past. It didnt work out. Some how they posted it now.
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India_USA
07-28 08:23 AM
so many complications, so many rules to know - we might as well be immigration attorneys!! we (or at least some of us) pretty much know more about the INS and immigration laws than the average immigration attorney :D
arnet
11-22 09:29 PM
this issue has been discussed before in IV. please check the following threads and also search for "FOIA" keyword in this forum you will find couple of threads regd this issue.
http://immigrationvoice.org/forum/sh...highlight=foia
Dear my friends Can I get copy of LC filing copy and 45 letter copy through
FOIA? I recently got laid off after working 4 years in same company. My employer is refusing to give LC filing copy. In my knowledge to get new H1 as I am 8th year extension from my new employer, I need to have copy of LC filing. I am in dilemma; please guide me if you can. I will really appreciate any guidance from 1V members.
http://immigrationvoice.org/forum/sh...highlight=foia
Dear my friends Can I get copy of LC filing copy and 45 letter copy through
FOIA? I recently got laid off after working 4 years in same company. My employer is refusing to give LC filing copy. In my knowledge to get new H1 as I am 8th year extension from my new employer, I need to have copy of LC filing. I am in dilemma; please guide me if you can. I will really appreciate any guidance from 1V members.
yogi_naik
11-02 10:59 PM
gurus,
if anybody has expedited AP by going through Infopass (local USCIS office). I wanted to know the below
1) Does that require any additional fees?
2) How long does it take for AP to come thorugh after expedite
3) In three weeks time we are travelling to attend brothers marriage--> is this reason good enuf?
4) Is there any harm or backfire due to trying to expedite through infopass
5) filed 485\ap on July 02. recieved EAD and FP already done.
Note: Appointment for local Infopass is taken for Tuesday
Please respond ASAP
Thanks in Advance
Yogi
if anybody has expedited AP by going through Infopass (local USCIS office). I wanted to know the below
1) Does that require any additional fees?
2) How long does it take for AP to come thorugh after expedite
3) In three weeks time we are travelling to attend brothers marriage--> is this reason good enuf?
4) Is there any harm or backfire due to trying to expedite through infopass
5) filed 485\ap on July 02. recieved EAD and FP already done.
Note: Appointment for local Infopass is taken for Tuesday
Please respond ASAP
Thanks in Advance
Yogi
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