nmdial
02-26 09:26 AM
Dear Lawyers,
I am a registered professional civil engineer in the state of PA having an educational background of a BS from India and MS from the US in civil engineering. I got my H1B extension approved last year for its second term of three years. I have been working in the same company since my graduation and also hold an approved I-140. I am planning to visit India in March to get my visa stamping done and am concerned about the reports of valid H1B holders being returned from Newark. Do you think I should avoid Newark as the PoE?
Thanks and regards,
Nishant
I am a registered professional civil engineer in the state of PA having an educational background of a BS from India and MS from the US in civil engineering. I got my H1B extension approved last year for its second term of three years. I have been working in the same company since my graduation and also hold an approved I-140. I am planning to visit India in March to get my visa stamping done and am concerned about the reports of valid H1B holders being returned from Newark. Do you think I should avoid Newark as the PoE?
Thanks and regards,
Nishant
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ssdtm
02-23 10:24 PM
Per Cronin Memo, your wife is eligible for H4 visa.
This is based on the feedback from a top attorney.
This is based on the feedback from a top attorney.
b2visahelp
06-15 07:37 PM
Hi,
My parents' and 2 brothers' B2 visas got rejected yesterday. The VO didn't state the refusal reason. He didn't stamp anything on their passports. I got my GC through asylum, and will get married in Nov. 2009. I supplied a formal letter from my pastor about the wedding that it's real. And my parents stated that they are not bringing my youngest brother to the US because he has school. During the interview, the VO asked them about me. He knew that I got my GC through asylum. He asked if I work or go to school. My parents answered honestly that I'm currently working to support myself.
My parents didn't show their bank account, certificate of properties and business because the VO didn't ask for it. Should they show them to VO eventhough he didn't ask to see it?
Now, we're preparing to apply B2 visa for a second time. Here are my questions:
1. When do you think they should apply for the visas again?
2. What can I do to support the fact that they will definitely go back to their country? Should we write a letter stating the reasons why they won't immigrate to US?
3. My parents are taking care of my elderly grandfather, 80 years old. Should they state this for a reason they'll come back, and also bring his photo?
4. Will they get a better chance if they leave all of my 3 younger brothers at home?
Help...help....please...I really want them to attend my wedding.
Thanks a bunch for all of your advise!
My parents' and 2 brothers' B2 visas got rejected yesterday. The VO didn't state the refusal reason. He didn't stamp anything on their passports. I got my GC through asylum, and will get married in Nov. 2009. I supplied a formal letter from my pastor about the wedding that it's real. And my parents stated that they are not bringing my youngest brother to the US because he has school. During the interview, the VO asked them about me. He knew that I got my GC through asylum. He asked if I work or go to school. My parents answered honestly that I'm currently working to support myself.
My parents didn't show their bank account, certificate of properties and business because the VO didn't ask for it. Should they show them to VO eventhough he didn't ask to see it?
Now, we're preparing to apply B2 visa for a second time. Here are my questions:
1. When do you think they should apply for the visas again?
2. What can I do to support the fact that they will definitely go back to their country? Should we write a letter stating the reasons why they won't immigrate to US?
3. My parents are taking care of my elderly grandfather, 80 years old. Should they state this for a reason they'll come back, and also bring his photo?
4. Will they get a better chance if they leave all of my 3 younger brothers at home?
Help...help....please...I really want them to attend my wedding.
Thanks a bunch for all of your advise!
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winguru
09-11 06:02 PM
Hi,
I have an approved I140 and a PD of Apr 08. I am planning to change company .
Some where in May I heard the news that end of this year USCIS is going to halt concurrent filing of I-140 and I485 and introduce an extra step called Pre-App for I485 and which can only be done after I140 approval.
1) what are the chances that this would happen?
2) What will happen if one switches company after 180 days of PreApp of 485.
can he/she invoke Ac21 ?
3) will Pre-App makes one eligible for EAD/Parole ?
Thanks
winguru
I have an approved I140 and a PD of Apr 08. I am planning to change company .
Some where in May I heard the news that end of this year USCIS is going to halt concurrent filing of I-140 and I485 and introduce an extra step called Pre-App for I485 and which can only be done after I140 approval.
1) what are the chances that this would happen?
2) What will happen if one switches company after 180 days of PreApp of 485.
can he/she invoke Ac21 ?
3) will Pre-App makes one eligible for EAD/Parole ?
Thanks
winguru
more...
Blog Feeds
09-28 12:50 PM
Foreign nationals who have stayed in the United States after the expiration of their period of authorized stay or are present in the United States without being admitted or paroled are unlawfully present in the U.S.
If more than 180 days but less than a year of unlawful presence accrues, then the foreign national is inadmissible for three years (three year bar). Foreign nationals who are unlawfully present for one year or more are inadmissible for 10 years (10 year bar). If a foreign national has accrued unlawful presence in the United States, then they are deemed inadmissible and illegible to re-enter the U.S. for either the three year or 10 year bar from the date they leave the U.S.
There is a waiver available for the unlawful presence ground of inadmissibility. Essentially the waiver will waive the three and 10 year bar of inadmissibility. The waiver is only available to foreign nationals with a U.S. citizen or lawful permanent resident (LPR) spouse or parent. Children are not deemed qualifying relatives for the waiver. The first step in the waiver process is for the foreign national to attend an immigrant visa consular interview in their home country. Once the consular officer deems the foreign national is inadmissible and a waiver is available, the foreign national will then file the waiver (form I-601, with the applicable filing fee) and establish there is extreme hardship to the U.S. citizen or LPR spouse or parent if the foreign national were not allowed to return to the United States. The waiver request is discretionary and extreme hardship is only one factor the officer will consider.
Certain individuals do not accrue unlawful presence and are not subject to the three or 10 year bar. For instance, foreign nationals under 18 years of age do not accrue unlawful presence.
For more information on the waiver process, and extreme hardship, please call Kraft & Associates at 214-999-9999.
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/4VwzqcGxyMc/)
If more than 180 days but less than a year of unlawful presence accrues, then the foreign national is inadmissible for three years (three year bar). Foreign nationals who are unlawfully present for one year or more are inadmissible for 10 years (10 year bar). If a foreign national has accrued unlawful presence in the United States, then they are deemed inadmissible and illegible to re-enter the U.S. for either the three year or 10 year bar from the date they leave the U.S.
There is a waiver available for the unlawful presence ground of inadmissibility. Essentially the waiver will waive the three and 10 year bar of inadmissibility. The waiver is only available to foreign nationals with a U.S. citizen or lawful permanent resident (LPR) spouse or parent. Children are not deemed qualifying relatives for the waiver. The first step in the waiver process is for the foreign national to attend an immigrant visa consular interview in their home country. Once the consular officer deems the foreign national is inadmissible and a waiver is available, the foreign national will then file the waiver (form I-601, with the applicable filing fee) and establish there is extreme hardship to the U.S. citizen or LPR spouse or parent if the foreign national were not allowed to return to the United States. The waiver request is discretionary and extreme hardship is only one factor the officer will consider.
Certain individuals do not accrue unlawful presence and are not subject to the three or 10 year bar. For instance, foreign nationals under 18 years of age do not accrue unlawful presence.
For more information on the waiver process, and extreme hardship, please call Kraft & Associates at 214-999-9999.
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/4VwzqcGxyMc/)
sjhugoose
December 1st, 2003, 01:23 PM
Here's the press release for the new Leica Digilux two.
http://www.dphoto.us/modules.php?op=modload&name=News&file=article&sid=69&mode=thread&order=0&thold=0
Funny you post this, I actually had a conversation this morning stating that I have digicam lust for the first time. Wow that puppy looks nice. Guess I always wanted a lieca ;)
While we are talking about digicams, maybe we should make a digicam forum as a resource for others? just a possibility.
Scott
http://www.dphoto.us/modules.php?op=modload&name=News&file=article&sid=69&mode=thread&order=0&thold=0
Funny you post this, I actually had a conversation this morning stating that I have digicam lust for the first time. Wow that puppy looks nice. Guess I always wanted a lieca ;)
While we are talking about digicams, maybe we should make a digicam forum as a resource for others? just a possibility.
Scott
more...
Becks
03-30 07:55 PM
You can change the job peacefully using AC21 since your 485 is pending for more than 6months. Your labor position/location etc doesnt mater. Your current employer cannot do anything but you need to get a copy of labor and I140 from him to use AC21. Also your next job should be same or similar to the one in the labor certification. Hope this helps.
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rameshk75
09-03 01:52 PM
From the I-131 instructions document, find the list of docs required:
- I131 application
- copy of 485 receipt
- Copy of Driver's license
- Copy of I94
- Copy of H1 - I797 Approval Notice
- 2 Photos (A# and Name on back side with pencil)
- Check ($305) to U.S. Department of Homeland Security
- Send the application based on where you LIVE
Am i missing anything?
- I131 application
- copy of 485 receipt
- Copy of Driver's license
- Copy of I94
- Copy of H1 - I797 Approval Notice
- 2 Photos (A# and Name on back side with pencil)
- Check ($305) to U.S. Department of Homeland Security
- Send the application based on where you LIVE
Am i missing anything?
more...
kerz
07-26 10:45 AM
Hi All,
My papers has already been submitted for H-1B. I am currently on my OPT which expired on June and I got extended until September 30, 2010. Do I need to leave a country during 30 days after my H1-B got approved?
Thanks
My papers has already been submitted for H-1B. I am currently on my OPT which expired on June and I got extended until September 30, 2010. Do I need to leave a country during 30 days after my H1-B got approved?
Thanks
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thomachan72
07-14 01:56 PM
Hi,
My 485 status on USCIS site is showing Document production or Oath Ceremony. The status changed on 7/8/2010. What does this status mean. Does this mean approval? How long does it take to recieve the actual card once the case enters to this state.
Thanks in advance.
Sudipta
Pretty strange status. Totally confusing also...:D
My 485 status on USCIS site is showing Document production or Oath Ceremony. The status changed on 7/8/2010. What does this status mean. Does this mean approval? How long does it take to recieve the actual card once the case enters to this state.
Thanks in advance.
Sudipta
Pretty strange status. Totally confusing also...:D
more...
gcformeornot
09-24 07:17 PM
please......
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sc3
08-07 08:28 PM
I have an approved i140 from old employer, using which I am planning to file i485 (As PD from old PERM/i140 is current for the month of Aug. & no labor filed for ne employer). As I am in good terms with old employer, they are ready to give me a "future employment letter" for my GC processing.
Can someone please let me know -
1. Format of the letter, details thats needs to be present in it,
2. Anything else I need from the old employer.
Thanks!
Depends, is the job offer/position still open? Do you intend to go back to your old company when you get the GC? If not, it is illegal to file 485 (by means of fraud) using the old i140.
If legal, I guess the job offer should just state that the offer is contingent upon getting your permanent residency.
PS: I have no experience in "future offer letter", but making a guess based on the offer letter I got when I had not yet got my H1.
Can someone please let me know -
1. Format of the letter, details thats needs to be present in it,
2. Anything else I need from the old employer.
Thanks!
Depends, is the job offer/position still open? Do you intend to go back to your old company when you get the GC? If not, it is illegal to file 485 (by means of fraud) using the old i140.
If legal, I guess the job offer should just state that the offer is contingent upon getting your permanent residency.
PS: I have no experience in "future offer letter", but making a guess based on the offer letter I got when I had not yet got my H1.
more...
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Ann Ruben
01-14 08:55 PM
Your new employer can file an H-1 petition for you, BUT you are not eligible for an extension of H-1 status because you are not currently maintaining H-1 status. In order to resume H status, once company B's petition is approved, you would have to go to a US Consul outside the US, obtain an H-1 visa and then re-enter the US using that visa.
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nixstor
06-28 02:37 PM
Employment Letter is a part of the initial evidence. There is a memo recently saying that any missing initial evidence will result in denial of application without RFE. Try to cajole your employer and gather as much evidence as you can about being asked for $$$ for helping you file 485
more...
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MetteBB
05-27 10:19 AM
That is GREAT news K *loving it
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ryerram
06-16 12:35 PM
Hello Folks,
I am on H1-B and have an EAD. My Dad is a builder in Hyderabad and I want to promote the apartments in US. Can I rent an office space and just do marketing without registering a business? All sales will be completed in India.
Thanks for your advice,
Ramki
I am on H1-B and have an EAD. My Dad is a builder in Hyderabad and I want to promote the apartments in US. Can I rent an office space and just do marketing without registering a business? All sales will be completed in India.
Thanks for your advice,
Ramki
more...
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Overstay
05-14 03:25 AM
By chance, I was browsing the USCIS homepage when I came across guidelines for the change of address form. It says that not changing your address within 10 days is a criminal misdemeanor. Does anyone know when this law was passed?
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lovealways1234
05-13 03:00 PM
Greetings all,
I am new to Immigration voice and feel very blessed for finding the site.
Here is my situation I am a green card holder since 1996. However I waited until now because I had I received probation before judgment in 2003. The case was expunged in 2007. The conviction was Annotated Code of Maryland article 27 , section 146 (c )(1 ) stipulating that : Any person who violates any provision of subsection (c)(1) of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 3 years or both.
According to the information I found on USCIS, you can not have any conviction in the five years preceding your application; It looks like I should be fine. I am ready to apply now and it has been a good obedient green card holder for 6 years now, I don't have any issue with the law since 2003.
I am also married to a US citizen and have three children (all citizens). I was able to get all my information from the court prior to the expungement as well.
Please let me know what you think. Thanks you so much.
I am new to Immigration voice and feel very blessed for finding the site.
Here is my situation I am a green card holder since 1996. However I waited until now because I had I received probation before judgment in 2003. The case was expunged in 2007. The conviction was Annotated Code of Maryland article 27 , section 146 (c )(1 ) stipulating that : Any person who violates any provision of subsection (c)(1) of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 3 years or both.
According to the information I found on USCIS, you can not have any conviction in the five years preceding your application; It looks like I should be fine. I am ready to apply now and it has been a good obedient green card holder for 6 years now, I don't have any issue with the law since 2003.
I am also married to a US citizen and have three children (all citizens). I was able to get all my information from the court prior to the expungement as well.
Please let me know what you think. Thanks you so much.
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CADude
10-02 04:00 PM
If you will use AP then your status is "Immigration Pending". Please contact your Attorney.
I am currently working on H1B and have received my EAD and Advance Parole recently. I am planning to travel next month and want to use
my Advance Parole for this purpose. When I come back (to avoid h1b stamping again in home country). Do I need to use EAD to continue
working in US?
Thanks in advance
I am currently working on H1B and have received my EAD and Advance Parole recently. I am planning to travel next month and want to use
my Advance Parole for this purpose. When I come back (to avoid h1b stamping again in home country). Do I need to use EAD to continue
working in US?
Thanks in advance
ivyleeger
07-12 09:25 AM
Nicely written
http://www.infoworld.com/article/07/07/12/28OPentinsight_1.html
http://www.infoworld.com/article/07/07/12/28OPentinsight_1.html
FinalGC
06-18 02:31 PM
Caution for all employees working for illegal employers, who support phoney payroll disbursements back to the people, fund tax payments.
http://publication.samachar.com/pub_article.php?id=2128649&navname=General%20&moreurl=http://publication.samachar.com/thehindu/general/frontpage.php&homeurl=http://www.samachar.com
Indians held in U.S.; immigration racket busted
Washington: With the arrest of seven Indians, U.S. authorities have claimed to have busted an immigration racket run by an information technology company owner who charged tens of thousands of dollars from expatriates by fraudulently sponsoring their H-1B work visas.
Nilesh Dasondi, 41, was arrested last week on multiple counts of visa fraud involving Cygate Software and Consulting Inc. which run offices in India and Canada.
A naturalised U.S. citizen, Dasondi, also a member of the Edison township board in New Jersey, was released after posting a $8,00,000 bail but he must remain under home confinement with electronic monitoring.
According to court papers cited in Newsday daily, Dasondi is accused of filing federal work visa and immigration documents for six people who did not work for his company between 2003 and 2007, the authorities said.
All the six have been arrested. In exchange, they made payments of more than $8,50,000.
The money was used to support phoney payroll disbursements back to the people, fund tax payments and, in some cases, pay for health insurance, authorities said. Dasondi, however, kept for himself the remainder of the cash after the so-called �running the payroll� scheme. Three bank accounts in the name of Cygate were seized. A fourth account in the name of another company Dasondi controlled was also frozen.
Among those arrested were Kishor Parikh (42), Devang Patel (31) and Chetan Trivedi (40). � PTI
http://publication.samachar.com/pub_article.php?id=2128649&navname=General%20&moreurl=http://publication.samachar.com/thehindu/general/frontpage.php&homeurl=http://www.samachar.com
Indians held in U.S.; immigration racket busted
Washington: With the arrest of seven Indians, U.S. authorities have claimed to have busted an immigration racket run by an information technology company owner who charged tens of thousands of dollars from expatriates by fraudulently sponsoring their H-1B work visas.
Nilesh Dasondi, 41, was arrested last week on multiple counts of visa fraud involving Cygate Software and Consulting Inc. which run offices in India and Canada.
A naturalised U.S. citizen, Dasondi, also a member of the Edison township board in New Jersey, was released after posting a $8,00,000 bail but he must remain under home confinement with electronic monitoring.
According to court papers cited in Newsday daily, Dasondi is accused of filing federal work visa and immigration documents for six people who did not work for his company between 2003 and 2007, the authorities said.
All the six have been arrested. In exchange, they made payments of more than $8,50,000.
The money was used to support phoney payroll disbursements back to the people, fund tax payments and, in some cases, pay for health insurance, authorities said. Dasondi, however, kept for himself the remainder of the cash after the so-called �running the payroll� scheme. Three bank accounts in the name of Cygate were seized. A fourth account in the name of another company Dasondi controlled was also frozen.
Among those arrested were Kishor Parikh (42), Devang Patel (31) and Chetan Trivedi (40). � PTI
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