Wednesday, August 17, 2011

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  • justin150377
    09-19 07:12 PM
    How about working on an EAD in a part-time job while working full-time on your h1 sponsored job? I assume the h1 will not become invalid in this case because EAD is being used for the part time job.





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  • sukhyani
    10-04 03:40 PM
    My understanding is that USCIS pre-adjudicates every application and requests fingerprint/namecheck, even if the dates are not current. It is done to weed out denials right away - you don't need to wait for PD to become current to be denied.

    So that means they are just going to pre-adjudicate his application and issue him his GC once the Visa numbers become current?

    I was in this impression that they would start processing an application only when the PD of that application becomes current and hence the six months or more lead time.





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  • pappu
    03-10 10:42 AM
    Any body has a soft LUD on approved EAD while I 485 pending.

    Soft LUD ????

    It just shows how much some of us are in the dark with misinformation from forums.





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  • Blog Feeds
    03-29 07:50 AM
    Released: March 17, 2011

    WASHINGTON�In light of the recent earthquakes and tsunami in Japan, U.S. Citizenship and Immigration Services (USCIS) reminds Japanese nationals of certain U.S. immigration benefits available upon request.

    USCIS understands that a natural disaster can affect an individual�s ability to establish or maintain lawful immigration status. Temporary relief measures available to eligible nationals of Japan may include:


    The grant of an application for change or extension of nonimmigrant status for an individual currently in the United States, even when the request is filed after the authorized period of admission has expired;
    Re-parole of individuals granted parole by USCIS;
    Extension of certain grants of advance parole, and expedited processing of advance parole requests;
    Expedited adjudication and approval, where possible, of requests for off-campus employment authorization for F-1 students experiencing severe economic hardship;
    Expedited processing of immigrant petitions for immediate relatives of U.S. citizens and lawful permanent residents (LPRs);
    Expedited employment authorization where appropriate; and
    Assistance to LPRs stranded overseas without immigration documents such as Green Cards. USCIS and the Department of State will coordinate on these matters when the LPR is stranded in a place that has no local USCIS office.
    Visitors traveling under the Visa Waiver Program may visit a USCIS local office (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=e39c0b89284a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=e39c0b89284a3210VgnVCM100000b92ca60a RCRD) for assistance. Japanese nationals who are at a U.S. airport may contact the U.S. Customs and Border Protection office there.
    For more information on USCIS humanitarian programs, visit www.uscis.gov (http://www.uscis.gov/) or call the National Customer Service Center at 1-800-375-5283.









    Last updated:03/17/2011




    More... (http://ashwinsharma.com/2011/03/21/uscis-reminds-japanese-nationals-impacted-by-recent-disaster.aspx?ref=rss)



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  • 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/)





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  • jsb
    07-20 09:59 AM
    1. The title noted on the labor form was "Associate". On the job description letter, is it ok if the title is noted as "Financial Associate Analyst". Plus my labor was approved as IS Manager. Would the "financial" title cause a problem?

    2. My lawyer put a very generic sentence as my job description. Does my job experience letter have to have the exact same generic sentence in it? and is it ok if the letter has more duties on it other than the one mentioned on the labor form (i did different stuff at that job, finance, IT, sales etc)

    3. My lawyer put the required degree on the labor form as "Computer Science". However; I have a MIS degree. Is that going to be a problem when applying for i140?

    It is surprizing that generic description of a job got through Labor without any questions. There is no clear answer to your questions. General principle is that jobs description should be more or less same as in Labor application. If your Labor was approved as IS Manager with your title to be an Associate, your job is expected to be of management type. Analyst job seems to be a technical job. Clear these issues before your employer filing for your 140 proceeds.



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  • reachinus
    08-14 01:26 PM
    You are contradicting your statement - " H1 extension with CSC which was denied but I got a H1 approval notice", you say extension is denied but got approval notice. Approval for? Anyways, you have to ask the airlines to take the I-94, so that you can get a new one. Usually if you are going to Canada for less than 30 days they say that they will not take it. Either ask the airlines to take it or else when entering US explain ur situation to the IO and ask him to issue a new I-94. Hope this helps.

    -------------------------
    If my answer is of help to you please consider contributing to IV so that we can continue our service.





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  • shan74
    06-07 08:26 AM
    this is related to family sponsored by citizens and green card holders.



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  • seeking_GC
    06-24 03:19 AM
    Hello everyone,
    I have a question which I hope someone can help answer.I have applied in EB2 category and am from India.My PD is July 2005. I have used AC21 recently and changed my employer(i.e I am no longer with my sponsoring employer) I have not notified USCIS of the same.

    I plan to travel to India during September 2008 and use AP to reenter back into the US. Can someone help answer the below doubts.

    1) Since at the port of entry the Immigration Officer will ask whether I am still with the same employer or not- I will have to say I have moved to another company- What happens then?

    2)Does using the AP and subsequent answer of "Yes- I have changed my company" trigger a RFE during the GC allocation process since now I have to prove to USCIS that my job is "same or similar" and my pay is >= the pay mentioned in my LC.

    3) Has anyone successfully used AP after using AC21 and not had an RFE issued during GC allotment?

    Thanks in advance





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  • crazyghoda
    01-22 11:39 AM
    This is for EB5 .....but doesnt it require you to employ a minimum of 10 people?



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  • satishku_2000
    06-13 10:58 PM
    depends on your PD?





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  • itsokgc
    07-18 01:18 PM
    FYI..

    Employer B I-129 is valid till Dec 2008



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  • saimrathi
    03-08 02:47 PM
    My PD is Mar 2005, and a status check reveals that my application is "IN Process". When can I expect to clear Labor Certification? What is the current PD they are processing?:confused:





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  • solaris27
    07-19 10:43 AM
    <<date>>

    <<NAME>.
    Bureau of Citizenship and Immigration Services
    Nebraska Service Center
    P.O. Box 87485
    Lincoln, NE 68501

    Dear <<NAME>:

    This letter is to confirm that <COMPANY NAME> currently employs and intends to offer permanent
    full time employment to <YOUR NAME> as an <DESIGNATION> at a salary of <SALARY>. He began employment
    with us on [insert date].

    His job duties are: [insert the job duties].

    If you have any questions regarding this application, please do not hesitate to contact me.

    Sincerely,


    XXX
    Title



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  • theshiningsun
    06-18 07:15 PM
    thx aruben.





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  • amdn123
    02-04 05:55 PM
    I meant to ask about a turks & caicos visa. It is a british overseas territory but doesn't seem to require a visa from anyone.



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  • meridiani.planum
    06-30 01:55 AM
    Me and my wife are July 2007 filers. We applied for Ead renwal.
    My wife started her own business and opened a LLC.
    Which means she is using her EAD. But how does the USCIS know that she is using her EAD.
    My question is when she aplied for the business license , she has given her SSN everywhere but how does the agencies know that this particular person is using EAD

    Pls let me know
    thanks

    AFAIK they dont know unless USCIS issues an RFE for tax returns. What was her status before she filed her 485?
    Also why are you concerned whether they know or not?





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  • redds777
    03-24 08:41 PM
    http://firstread.msnbc.msn.com/archive/2009/03/19/1843837.aspx?p=1


    Hello Everyone

    I have sent a message to president Obama requesting his help by issuing executive order either to increase per country cap temporarily atleast till the EB backlogs gets over for india and china

    OR

    Issue executive order to allow visa re-capture to utilize wasted immigrant visas

    i am waiting for the reply . i am not sure if i will be heard .

    I had sent similar message to my senators requesting them to support the visa recapture bill . i got a call today from his asistant . He said they understand the issue and the senator is supporting the CIR this year . i told him that wont help the skilled immigrants, he said that the provisions with relief for legal skilled immigrants will be added into that CIR and passed .

    when i asked him why not do a piece meal approach and pass smaller bills like visa re-capture etc.. his reply was that the anti immigrant groups will basicall y kill the bill . so he said that it is better to wait for CIR hopefully this year.

    I said thank you for response and hungup the phone.

    so bottom line is i guess we have to wait for CIR and if any good will comeout from that for EB categories.





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  • speddi
    07-13 02:44 PM
    I was in the process of job change and the July fiasco happened and I was forced to stay with the company that filed my 485 (cannot change company for 6 months).





    updsoft
    09-22 05:55 PM
    thanks for the infn.

    my existing company is NOT processing Green card. Also If i plan to switch to H1B again i would be elapsing nearly 5.9 months hence i won't have enough time to apply for Green Card. I am running out of choice now.





    ags123
    09-02 09:02 AM
    Another amazing day is about to dawn on us :)
    I should clarify 2 items on the poll:
    a) I have compressed 3 mini polls in one to get max info. So percentages wont make sense.
    b) The post jan 15th 2005 is to know how many approvals did not have PD current. I see 4 people voting for it. I am not polling who is waiting with post jan 15 2005 PD.



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