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  • Blog Feeds
    06-11 08:20 PM
    Today I will be giving a presentation on immigration law along with my colleague, V. Thomas Langford, to the Air Force JAG serving at Travis Air Force Base in Fairfield, California. The Air Force JAG Corps are lawyers who provide legal advice to those serving in the Air Force.

    Our training today will focus on the basics of immigration law. We will be covering family-based immigration law and outlining the procedures involved in petitioning for a family member to immigrate to the United States. We will also be talking about the Violence Against Women Act ("VAWA") and how an individual may self-petition for immigration status if he or she has been the victim of abuse or mental cruelty. Finally, we will discuss the naturalization laws as they apply to those serving in the military at a time of a conflict.

    It seems that I always learn something while preparing for a presentation. While preparing for this one, I learned that staff from USCIS in Sacramento go to Travis Air Force Base twice a month to interview applicants for naturalization and administer the oath of citizenship on the same day. Kudos to USCIS for taking the time to do this. USCIS has an entire website page devoted to military naturalization ceremonies (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=7b309f22ae951210VgnVCM1000004718190aRCR D&vgnextchannel=0a9ab58f71e14110VgnVCM1000004718190a RCRD) performed in May 2009. Included on it is the photo taken at Travis.



    More... (http://www.californiaimmigrationlawyerblog.com/2009/06/immigration_training_at_travis.html)





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  • sideeque
    12-15 02:09 PM
    My wife last time entered to US with H4 in June 2010. Then she applied for F1 status and got approved in Nov 2010.


    H4 visa stamping Expires on Feb 20111.

    She is planning to go India by Jan 2011 for 2 weeks. She is planning to come before Visa expires.
    Is it possible to enter US with old H4 visa stamping?
    Do we really need to stamp visa with F1?





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  • ndbhatt
    11-15 11:03 AM
    I got this email today for Drew Seman. Helping pro-immigrant initiative would definitely help us. Please support by signing the petition.

    ====
    Dear Friends,

    This week, Tom Tancredo's Presidential Campaign released a new anti-immigration campaign ad, linking "Islamic terrorists" to immigration. The ad received national coverage, with Tancredo making appearances on CNN & Fox News. Here's what the press had to say:

    "You can't deny that this is the politics of fear" - Fox News

    "New Tancredo ad a sad case of fear-mongering" - Denver Post
    "Tancredo ad plays fear card" - USA Today
    Tancredo's Presidential Campaign plans to run the ad in Iowa. His demagoguery will not get him votes, but it will spread fear and misinformation that hurts the prospects of reform for all immigrants. That's why we need to make sure his ad doesn't make it to Iowa.

    Go to: http://www.immigrantslist.org/tancredo

    We're not going to stop the ad by attacking Tancredo, but we can ask local network affiliates in Iowa not to run it. Sign the petition now at http://www.immigrantslist.org/tancredo .

    After you sign the petition, forward this to your friends & family. We need to get 1,000 signatures on the petition now!

    Thank you for all that you're doing,

    Drew Seman
    Executive Director
    Immigrants' List
    ====





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  • perm2gc
    12-16 02:15 PM
    I have a question, with the current retrogression and processing dates what is the time for one to get a green card, given that the labor,I-140 being cleared within months, but what is the overall time to wait. Is the process moving forward or is there any improvement ?.

    If any one can throw some light on it , would be Great.

    Thanks
    Confused Desi,:)
    Welcome to world of GC.As of now,you will able to get your GC may be in 8-12yrs(minimum years) and the max cannot be calculated.If you have on your first H1 then it is right now to file for GC as you may get 3-year extension based on I140 approcal after you finish all the six years on H1..or some kind of bill may get passed before you complete all the six years and you will get the plastic(GC)..



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  • waitin_toolong
    02-05 12:01 PM
    the fact that you move using AC21 and use EAD for work nullifies your H1 immediately and the dependents lose H4. even the date on I-94 becomes meaningless.

    you will have to renew your EAD for work and AP for travel.

    The fact that your I-485 is pending is all that is needed to keep you legal. But if for any reason I-485 is denied you will be out-of-status.





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  • Max
    04-22 05:35 PM
    My previuos company had filed two 140. One based on old labor process and the new one on PERM. New one got approved and my 485/EAD/ AP was filed based on approved 140. After 180 days I joined new company using my EAD and AC21. My previous company then withdrew my old 140 (which was still pending). My new 140 is still approved. USCIS denied my and my family's 485 based on withdrawl of old pending 140.
    What are my options to fix this mess?
    I am distraught. Please help me urgently and any suggestions would be welcome...



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  • Roger Binny
    05-30 05:25 PM
    2) can she do any thing about medical exam in India. I mean can she get a certificate from India?

    They may not accept a certificate from india, medical exams has to be done by a civil surgeon in your area who is authorized to perform the tests.





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  • immilaw
    09-28 02:47 PM
    I'm a mechanical engineering and also have an MBA degree.
    I work as a support engineer.
    My lawyers tell me that I cannot apply in EB2, since my Post grad degree is unrelated to my grad degree and so does not apply to my job.

    Is this true?
    Can I not file in EB2?

    If you can justify that the minimum requirements for a SUPPORT engineer is a MBA then you can go for EB-2. Else it will be EB-3.



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  • wandmaker
    05-06 01:16 PM
    Can someone, renew their EAD while outside of the country?

    Yes - as long as your 485 is pending and you have a US address to receive the card.





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  • chris
    01-18 12:06 AM
    She can stay till Dec 2009.


    Can wife stay in India for more than 6 months while 485 is pending?

    What she have now is an approved AP till 2009 december.

    thanks
    achu.



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  • guyfromsg
    08-14 09:03 PM
    I live in NJ and my application was recieved on July 2nd. would that be Nebraska or Texas SC?

    NJ comes under TSC but direct filing took effect only from July 30th. Till then the 485 was supposed to be sent to the center where 140 is filed or to NSC ( if no 140 filed). Even if it was sent to the wrong center USCIS will not reject the application in this timeframe. It will be internally transferred to the the correct service center.





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  • kirupa
    04-16 01:33 AM
    They are both excellent tsiger! ;)



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  • GC_1000Watt
    03-05 10:29 PM
    I was reading this article Obama looking to give new life to immigration reform - Los Angeles Times (http://articles.latimes.com/2010/mar/04/nation/la-na-immigration5-2010mar05) and I found out about the Mar 21st immigration rally. Is anybody aware of it?
    Is IV aware of this rally?





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  • uimv
    05-31 02:54 PM
    Thanks. So if I-485 is approved, then all OK.

    What happens when there is a problem with I-485: Denial or NOID ?
    If denial, and in US, MTR can be filed and if MTR accepted, the period (from Denial) is considered as legal stay (even if not maintaining H1b status).
    But if denial, and outside US, you can NOT enter on AP. Correct ? Here only option to enter US is H1b ? Can MTR be filed ?



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  • eagerr2i
    12-16 04:52 AM
    What are you smoking?





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  • colemancol
    12-09 02:16 PM
    Hello,
    You can not (lawfully) re-enter on an H1B, as you're out of status. If you get caught lying at the border, you will be turned back and will likely be permanently barred from entering the U.S. You'll want to re-enter on an H4 visa - you dont need an H4 petition, although obviously you'll need to qualify for the H4, so be prepared to document your spouse's H1 approval and valid status.
    Are you stating that you were laid off (thus overstaying), or that you were benched without pay (meaning your employer should have been paying you)? With more than 90 days out-of-status, you may have triggered a period of ineligibility to re-enter the U.S.
    Given the apparent overstay issue, I suggest consulting an immigration lawyer.
    Hope you find these information valuable.



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  • Devils_Advocate
    03-13 11:40 AM
    HI ,

    My brother graduated in Dec 08 and is on OPT now. He is with a consultant and he was wondering if there is any rule which states that folks on OPT should get a job in 3 months, otherwise the OPT will not be valid.

    Can any one please clarify.

    Thank you for your time
    as far as i know that in the opt as long as you are employed its fine, even without pay employment works to keep the status active WITHOUT lapsing into the 90 day period. do tell him to cross check with his ISO





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  • anurag
    06-29 03:25 PM
    Saurabh,

    Sorry to hear that you are in this situation. It took about 8 weeks. Also one more thing, during this ordeal, I talked to an experienced lawyer who also said 8 weeks.

    Regards
    Anurag





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  • ElusiveCard
    11-30 10:00 AM
    Hello All,

    If my priority date is current as of November bulletin, do I have time
    until 30th November to mail the I-485 application?

    Or does the DOS need to have received the application on or before 30th November?

    And if I am in California, where does the I-485 application physically go?

    [Its a long story why I didn't when the doors were open in July-Aug]

    Thanks!





    buddyinsd
    09-20 02:06 AM
    The subject says EB3-I (INDIA) and EB3 ROWs are posting





    kiran24
    07-21 12:47 PM
    My current H1-B expires on 01/4/2011. I am planning to switch to EAD in November. What is the procedure to switch to EAD from H1-B. Is there any form that needs to be filled. Please advice. My company admin and HR have no idea and are asking me to find out for myself.

    Thanks.



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