FredG
April 22nd, 2004, 06:21 PM
I like the DOF. I agree that the shadows are a bit hard. The flash may be a little bright, but the hardness is a result of a small light source.
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pappu
09-25 07:23 PM
Can somebody can suggest me a good immigration laywer?
Thanks
i suggest not restricting to NYC lawyers. Lawyers can take up cases anywhere in US. If you need a recommendation you can send a PM.
Thanks
i suggest not restricting to NYC lawyers. Lawyers can take up cases anywhere in US. If you need a recommendation you can send a PM.
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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meridiani.planum
05-30 11:33 AM
Hi
I got selected in the lottery this year 2009 for H1. I filed it through a consultant in US. I am currently in India and waiting for I-797. Some quick questions :
1. If a MNC in US is ready to offer me a job, when is the earliest, the H1 can get transferred ?. is it possible to get the H1 transferred before I get it stamped in India itself ? (before October).
2. If the above is not possible, when is it possible to transfer the H1 ?.
3. Is it necessary I work with the consultant, before I can get my H1 transferred?.
work with that consultant for a month (2 payslips) then you can happily transfer your H1.
I got selected in the lottery this year 2009 for H1. I filed it through a consultant in US. I am currently in India and waiting for I-797. Some quick questions :
1. If a MNC in US is ready to offer me a job, when is the earliest, the H1 can get transferred ?. is it possible to get the H1 transferred before I get it stamped in India itself ? (before October).
2. If the above is not possible, when is it possible to transfer the H1 ?.
3. Is it necessary I work with the consultant, before I can get my H1 transferred?.
work with that consultant for a month (2 payslips) then you can happily transfer your H1.
more...
ferozmd
09-21 04:12 PM
I'm in the same boat.
Applied for 485/Ap/EAD on July 18th. Pending I140 was approved on Sep 14th. Checked online status the same day and LUD was 9/14.
After reading your post today, I checked the online status again and the LUD is 9/17.
Applied for 485/Ap/EAD on July 18th. Pending I140 was approved on Sep 14th. Checked online status the same day and LUD was 9/14.
After reading your post today, I checked the online status again and the LUD is 9/17.
cooler
06-02 03:36 PM
Hello all,
I am an Indian national currently in the AOS-pending state. My wife & I are looking to adopt a child either from India/US or a different country. From what I have found out, this seems to be a herculean task. Is this even possible? Has anyone successfully completed this process, or know of the details/steps involved. Any information is appreciated.
Thanks
Cooler
I am an Indian national currently in the AOS-pending state. My wife & I are looking to adopt a child either from India/US or a different country. From what I have found out, this seems to be a herculean task. Is this even possible? Has anyone successfully completed this process, or know of the details/steps involved. Any information is appreciated.
Thanks
Cooler
more...
svam77
12-04 04:02 PM
Hi,
I have my EAD. Once I pass the 180 day limit for AC21 portability, can I move to a different state and a different job ? (provided salary and job specifications match )
Thanks,
Sam
I have my EAD. Once I pass the 180 day limit for AC21 portability, can I move to a different state and a different job ? (provided salary and job specifications match )
Thanks,
Sam
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amitjoey
03-06 01:32 PM
Friends,
A unique situation -
I am getting ready to apply for my wife's AOS (ROW). She has never used a last name on any legal documents, example birth certificate, passport.
Her H4 visa was processed with "FNU" - family name unknown .. Do I need a last name for filing her I-485? Can she get a GC with only her first name on it?
Or will they process it with FNU as last name...
Should i go to her embassy (Indonesia) and get her passport changed to my last name before applying for her 485? In that event, her H4 visa,passport and birth certificate will not match her passport..
Any thoughts on my situation?
I guess, nobody really knows the answer. If she does not have a last name and all she uses is her first name, it should be alright. Since all her legal documents- Birth certificate, Passport, DL, Bank Statements have this legal first name only. If she now wants to use your family, last name after getting married, that could also be done. You should really consult your lawyer on this one. Please do not use any advice from this forum as legal or valid.
A unique situation -
I am getting ready to apply for my wife's AOS (ROW). She has never used a last name on any legal documents, example birth certificate, passport.
Her H4 visa was processed with "FNU" - family name unknown .. Do I need a last name for filing her I-485? Can she get a GC with only her first name on it?
Or will they process it with FNU as last name...
Should i go to her embassy (Indonesia) and get her passport changed to my last name before applying for her 485? In that event, her H4 visa,passport and birth certificate will not match her passport..
Any thoughts on my situation?
I guess, nobody really knows the answer. If she does not have a last name and all she uses is her first name, it should be alright. Since all her legal documents- Birth certificate, Passport, DL, Bank Statements have this legal first name only. If she now wants to use your family, last name after getting married, that could also be done. You should really consult your lawyer on this one. Please do not use any advice from this forum as legal or valid.
more...
GCHope2011
11-04 11:16 PM
Hi All,
I sent h1b extension application to california center on june 22nd and my application is still not approved. My current visa was valid until July 30th. I need to travel to India on Dec 10th due to urgent reasons . Please suggest what should I do
1. Can I travel while my extension is pending?
2. Can I raise a service request to speed up the processing?
2. or Upgrading to PP is the only option?
I do have EAD and advance parole through my husband's GC application. If I use parole for travel what happens to my H1b visa and GC application filed through my employer. My visa will still be valid or not?
Please help...
Thanks in advance
Ritu
Answers:
1. There is nothing/ no one who can stop you from travelling if you want. The question to worry about is can you come back ;) (I know it is a smart alec answer, but couldn't resist it - and that is indeed the bottom line).
2. SR to speed up processing might not be of much help
3. PP will certainly make it time bound - however, even in case of PP, they can send the application for administrative process, which can still take more than the time you have
Now, what happens in case you travel while the application is still pending? Your application for extension will be considered abandoned, and for re-entry, you will necessarily need to use AP. And since your extension is considered abandoned, you will necessarily need to use EAD to work, even for your current employer (that had filed the extension).
Hope it helps.
I sent h1b extension application to california center on june 22nd and my application is still not approved. My current visa was valid until July 30th. I need to travel to India on Dec 10th due to urgent reasons . Please suggest what should I do
1. Can I travel while my extension is pending?
2. Can I raise a service request to speed up the processing?
2. or Upgrading to PP is the only option?
I do have EAD and advance parole through my husband's GC application. If I use parole for travel what happens to my H1b visa and GC application filed through my employer. My visa will still be valid or not?
Please help...
Thanks in advance
Ritu
Answers:
1. There is nothing/ no one who can stop you from travelling if you want. The question to worry about is can you come back ;) (I know it is a smart alec answer, but couldn't resist it - and that is indeed the bottom line).
2. SR to speed up processing might not be of much help
3. PP will certainly make it time bound - however, even in case of PP, they can send the application for administrative process, which can still take more than the time you have
Now, what happens in case you travel while the application is still pending? Your application for extension will be considered abandoned, and for re-entry, you will necessarily need to use AP. And since your extension is considered abandoned, you will necessarily need to use EAD to work, even for your current employer (that had filed the extension).
Hope it helps.
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gcisadawg
04-29 02:23 PM
What if you have AP but not used it, instead used the re-validation rule to enter into the country, using H1. Would that invoke abandonment of 485?
The scenario covers people who are working on H1B and have their I-485 pending and have not applied for AP and have a expired H1B visa stamp on their passport. It doesn't matter if they have a H1B extension on hand with a new I-94 stub. If they travel abroad, it could very well be considered as an abandonment although they might be permitted to re-enter under "automatic visa revalidation" rule.
If I've I-485 pending, i would never travel without an AP.
-GCisaDawg
The scenario covers people who are working on H1B and have their I-485 pending and have not applied for AP and have a expired H1B visa stamp on their passport. It doesn't matter if they have a H1B extension on hand with a new I-94 stub. If they travel abroad, it could very well be considered as an abandonment although they might be permitted to re-enter under "automatic visa revalidation" rule.
If I've I-485 pending, i would never travel without an AP.
-GCisaDawg
more...
PD_Dec2002
08-16 08:16 PM
But it is too late now :(
Well, thankfully, you are EB2 so you won't have to wait long.
Good luck!
Thanks,
Jayant
Well, thankfully, you are EB2 so you won't have to wait long.
Good luck!
Thanks,
Jayant
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cooler
12-11 12:36 PM
EB2/Nov' 05/ 2yr
more...
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supers789
06-26 05:31 PM
question about i-20. do u need to submit only 1 i-20 that you received when entered the school or u need to submit the travel i-20 u get whenever u travel outside usa while on f1 visa?
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newyorker123
06-10 03:43 PM
thanks man and one more favor
what should I specify underneath
Identify the documents, records, or information you are seeking. Be as specific as possible.
section if I need all the documents submitted with my I-485 application?
what should I specify underneath
Identify the documents, records, or information you are seeking. Be as specific as possible.
section if I need all the documents submitted with my I-485 application?
more...
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Blog Feeds
08-12 09:50 AM
I recently received an inquiry at my San Francisco immigration law office from an "employer" who recently discovered that a person whom he had hired as an independent contractor was in the United States illegally. The employer had not originally known that the "employee" was illegal because independent contractors are exempt from the requirements of the Immigration Reform and Control Act (*IRCA*) (https://www.oig.lsc.gov/legis/irca86.htm) that require an employer to verify that an an employee is authorized to work in the United States. The "employer" wanted to explore the options of legalizing the contractor. While thinking about the options, I became interested in how the law defines an independent contractor.
According to 8 Code of Federal Regulations Section 274a.1(j) (http://www.californiaimmigrationlawyerblog.com/8cfr274a.1.pdf) an independent contractor is an individual or entity who carries on an independent business, contracts to do a piece of work according to their own means and methods, and are subject to control only as to results.
The decision of whether or not someone is an independent contractor is determined on a case-by-case basis. Factors to be considered include whether the individual or entity:
supplies the tools or materials;
makes services available to the general public;
works for a number of clients at the same time;
has an opportunity for profit or loss as a result of labor or services provided;
invests in the facilities for work;
directs the order or sequence in which the work is to be done and determines the hours during which the work is to be done.
I began to wonder if people used independent contractors to get around the IRCA requirements. Apparently Congress thought about that as there is a regulation which states that an "employer" may not avoid the requirements of IRCA by hiring an independent contractor if a person or entity knowingly uses a contract or subcontract to obtain labor or services of an unauthorized alien. 8 C.F.R. �274a.5 (http://www.californiaimmigrationlawyerblog.com/8cfr274a.5.pdf).
More... (http://www.californiaimmigrationlawyerblog.com/2009/08/there_will_always_be_illegal_w.html)
According to 8 Code of Federal Regulations Section 274a.1(j) (http://www.californiaimmigrationlawyerblog.com/8cfr274a.1.pdf) an independent contractor is an individual or entity who carries on an independent business, contracts to do a piece of work according to their own means and methods, and are subject to control only as to results.
The decision of whether or not someone is an independent contractor is determined on a case-by-case basis. Factors to be considered include whether the individual or entity:
supplies the tools or materials;
makes services available to the general public;
works for a number of clients at the same time;
has an opportunity for profit or loss as a result of labor or services provided;
invests in the facilities for work;
directs the order or sequence in which the work is to be done and determines the hours during which the work is to be done.
I began to wonder if people used independent contractors to get around the IRCA requirements. Apparently Congress thought about that as there is a regulation which states that an "employer" may not avoid the requirements of IRCA by hiring an independent contractor if a person or entity knowingly uses a contract or subcontract to obtain labor or services of an unauthorized alien. 8 C.F.R. �274a.5 (http://www.californiaimmigrationlawyerblog.com/8cfr274a.5.pdf).
More... (http://www.californiaimmigrationlawyerblog.com/2009/08/there_will_always_be_illegal_w.html)
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cest la vie
01-28 04:24 AM
Hi...I went to the USA in Dec 05, with a J1 visa, in may 06 after i applyed for changing of status to B2 visa, I got it denied and the letter said I should leave usa. I didnt, staying there until aug 07 (more than 1 year). my visa expired in apil 06 and the letter from uscis i got in may 06. they wrote in my I-94 cos denied 04-18-06. I didnt give back my I-94 when i left the USA. I want to know what are my chances to get a L2 visa (my husband is applying for L1 visa). I also have a second nationallity, can it help me somehow?
Please, I really need someone to help me with thses doubts.thank you very much.
Please, I really need someone to help me with thses doubts.thank you very much.
more...
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loudoggs
10-27 12:16 AM
I believe you have to be in the US when your 140 is applied. Same goes for 485. Check with your lawyer. Once 140 or 485 is applied, you can travel outside.
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Sachin_Stock
12-17 02:55 PM
Thanks for your reply. Nah,I didn't because I have read some where that post office doesn't forwarded the mails related to USCIS so I informed the tenants about the mail.
Who told you that? Is there any official guideline?
Who told you that? Is there any official guideline?
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andhrawala
05-25 08:12 AM
I want to travel to India on Advanced Parole and faced with a dilemma whether to take the risk based on my situation.
I have worked with Company A (Vision Systems) which was indicted in visa fraud last year. They have applied for H1 extension but the extension approval never came. As a result My H1 expired in july 2009 and I have worked till November 2009 with the H1 being pending. Afterwards I moved to another company and started working with them on EAD (applied GC for future employment) and Company A revoked my pending H1.
My concern is Will I be considered for unauthorized employment for the period of my work with Company A while my H1 was pending from July to Nov 2009.
I have heard that all these things will be checked at the port of entry while entering on AP. Also, since I worked with Company A which was indicted in visa fraud will it trigger any flags to the officers even though I am not with that company right now.
I would like to take your advice about this.
I have worked with Company A (Vision Systems) which was indicted in visa fraud last year. They have applied for H1 extension but the extension approval never came. As a result My H1 expired in july 2009 and I have worked till November 2009 with the H1 being pending. Afterwards I moved to another company and started working with them on EAD (applied GC for future employment) and Company A revoked my pending H1.
My concern is Will I be considered for unauthorized employment for the period of my work with Company A while my H1 was pending from July to Nov 2009.
I have heard that all these things will be checked at the port of entry while entering on AP. Also, since I worked with Company A which was indicted in visa fraud will it trigger any flags to the officers even though I am not with that company right now.
I would like to take your advice about this.
sundar99
02-27 01:41 AM
http://www.outlookindia.com/full.asp?fodname=20060306&fname=Mittal&sid=2
Perhaps - if we show that India can benefit by 1 Billion $ worth of H1 folks Social Sec Contribution for India's development, might either US Govt commit to returning the money or make provision for quicker dispension of GC cases for H1 folks waiting for GCs... Kamal nath, Dayanidhi Maran are shrewd and savvy politicians unlike other folks who are equal to lalooos !
Folks,
RANCH 99 is a popular Chinese groceries visited by most chinese indeed in Silicon Valley _ Bay Area - This can be a sure shot for publicity for EB Retro Join the cause campaign among them.
Not sure if this is a good idea, 1. Either to put a English note on How chinese is affected because of EB Visa Retrogression ? and pass the website and email id to join ?
Or get a person to translate it into Chinese and put it up in Ranch 99 - Milpitas, berkley, Fremont, Sanjose ? Ranch 99 is a popular place among chinese network to buy vegetables and well networked among chinese !
I am assuming there must be similar network of Chinese Shops in other cities !. I am going to ask a few of my students from China to post it in their internal mail aliases for wide coverage !
Some thoughts on this ? ALSO _ Indians perhaps can talk to Silicon india, then other Bay Area local newspapers to publish it ? - Put it up in Komala Vilas, Udupi, etc ?
Perhaps - if we show that India can benefit by 1 Billion $ worth of H1 folks Social Sec Contribution for India's development, might either US Govt commit to returning the money or make provision for quicker dispension of GC cases for H1 folks waiting for GCs... Kamal nath, Dayanidhi Maran are shrewd and savvy politicians unlike other folks who are equal to lalooos !
Folks,
RANCH 99 is a popular Chinese groceries visited by most chinese indeed in Silicon Valley _ Bay Area - This can be a sure shot for publicity for EB Retro Join the cause campaign among them.
Not sure if this is a good idea, 1. Either to put a English note on How chinese is affected because of EB Visa Retrogression ? and pass the website and email id to join ?
Or get a person to translate it into Chinese and put it up in Ranch 99 - Milpitas, berkley, Fremont, Sanjose ? Ranch 99 is a popular place among chinese network to buy vegetables and well networked among chinese !
I am assuming there must be similar network of Chinese Shops in other cities !. I am going to ask a few of my students from China to post it in their internal mail aliases for wide coverage !
Some thoughts on this ? ALSO _ Indians perhaps can talk to Silicon india, then other Bay Area local newspapers to publish it ? - Put it up in Komala Vilas, Udupi, etc ?
lonemetro
08-15 03:51 PM
Thanks much for your reply, BumbleBee.
There will be a great chance that my parent company will close down my current company after I'm transferred to them. I don't think my current employee will withdraw my I-140 case in the future. Hopefully that I-140 will go thru so I can use its PD for my future PERM/I-140 application.
There will be a great chance that my parent company will close down my current company after I'm transferred to them. I don't think my current employee will withdraw my I-140 case in the future. Hopefully that I-140 will go thru so I can use its PD for my future PERM/I-140 application.
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