
garybanz
08-30 10:10 AM
My date will be current from September 1st. Is it okay to travel to India on a short trip while the date is current? If 485 gets approved while I am india, can I still come back on advance parole?
One of my friends did this his green card was approved while he was away, he did not face any issues in returning or converting to GC later.
One of my friends did this his green card was approved while he was away, he did not face any issues in returning or converting to GC later.
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LondonTown
05-23 01:47 PM
While you are waiting for the reply from embassy, take some time and post your comments (Idea #250 which has Rank 1) at Homeland Security's website (https://openhomelandsecurity.ideascale.com/a/dtd/221g-Administrative-processing/34752-7043).
Also, send this link to anyone who is in similar situation or has been in similar situation.
Also, send this link to anyone who is in similar situation or has been in similar situation.

frostrated
12-01 11:22 AM
hello folks..
I was on H1.. but i quit my job and i am currently enrolled as a Full time student.
I need to go to Mexico as part of my Study program....
I have received the change of status from USCIS..but i need to get my passport stamped..
I have not been successful in getting an appointment in Canada....
>>is there a wait time in any canadian consulates...for more than 2-3 days????
>> Can i go to mexico and get the visa stamped during my stay there..is it risky???
inputs Pleaseeeee..
i am not sure you can get an F1 stamp in either Mexico or Canada. You can only get an F1 stamp in these countries if you already have an F1 stamp, but it expired and you did not hold any other non-immigrant status in the interim.
Third Country Nationals - U.S. Consulate General Ciudad Juarez, Mexico (http://ciudadjuarez.usconsulate.gov/nivtcns.html)
refer to the section under "Who Cannot Apply in Mexico ".
I was on H1.. but i quit my job and i am currently enrolled as a Full time student.
I need to go to Mexico as part of my Study program....
I have received the change of status from USCIS..but i need to get my passport stamped..
I have not been successful in getting an appointment in Canada....
>>is there a wait time in any canadian consulates...for more than 2-3 days????
>> Can i go to mexico and get the visa stamped during my stay there..is it risky???
inputs Pleaseeeee..
i am not sure you can get an F1 stamp in either Mexico or Canada. You can only get an F1 stamp in these countries if you already have an F1 stamp, but it expired and you did not hold any other non-immigrant status in the interim.
Third Country Nationals - U.S. Consulate General Ciudad Juarez, Mexico (http://ciudadjuarez.usconsulate.gov/nivtcns.html)
refer to the section under "Who Cannot Apply in Mexico ".
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Rastogi
06-22 08:01 PM
Two I140 in process with a difference of one years in the priority date (one original and one recently filled substitution with improved PD). Which I-140 should be used for I485. IF PD goes back to retrogration, the substitution would help with a risk of getting reject as well. The original I140 has less risk but if PD goes in retrogration, it might get years to get I-485 approve. Suggestions?
more...

Ann Ruben
10-22 12:26 PM
Kuyt,
As a general rule, the person or entity petitioning for (sponsoring) a person (beneficiary) for lawful US immigration status must be a legal resident, asylee, refugee or citizen of the US up to and including the point in time that the beneficiary is granted lawful status. There are possible exceptions to this rule. To provide advice regarding your situation more information is necessary:
What is the sponsor's current US immigration status? What is the nature of the potential criminal conviction? Is the person being sponsored the principal beneficiary of an immigrant petition or is s/he a derivative beneficiary because the "sponsor" is actually the principal beneficiary? Is the immigrant petition employment based? Family based?
As a general rule, the person or entity petitioning for (sponsoring) a person (beneficiary) for lawful US immigration status must be a legal resident, asylee, refugee or citizen of the US up to and including the point in time that the beneficiary is granted lawful status. There are possible exceptions to this rule. To provide advice regarding your situation more information is necessary:
What is the sponsor's current US immigration status? What is the nature of the potential criminal conviction? Is the person being sponsored the principal beneficiary of an immigrant petition or is s/he a derivative beneficiary because the "sponsor" is actually the principal beneficiary? Is the immigrant petition employment based? Family based?

permfiling
08-14 12:07 PM
I have my old employer visa and I-94 valid till mid next year. My new employer had filed a H1 extension with CSC which was denied but I got a H1 approval notice without I-94 stub. I was told by my attorney to go to canada and get a new I-94 card as I have a visa stamped which expires july of 2011. Being in west coast, I was planning to go to vancouver. Any one been through this, please post your experiences.
Thanks
Thanks
more...

jliechty
June 5th, 2005, 07:06 PM
Yes, I like the "floating in air" effect.
I third that. :)
I third that. :)
2010 a Valentine#39;s Day ball to

bpratap
02-19 04:41 PM
got to the SSN office with ur receipt, tell them you are waiting for ...... long for the card. you need the number to give to the employer. most of the officers would look in the system and would give you the number.
more...

humsuplou
11-17 11:46 AM
Thank you all for the advice and inputs!!
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srijay
08-05 08:41 PM
It is August now and I have almost completed 3 years of my H1 (with a consulting firm) and I am due for my renewal by end of September this year. I have all paychecks proper so far. At this time, I badly want to go back to H4 for a short break while I keep looking for full time positions in the market. Due to recession and my location constraints, I am expecting an offer only after a few months from now. So, is it possible to get a change of status to renewed H1 immediately after I get an offer? How long will this processing take? Will a potential new employer be hesitant to offer a position because of this? My current employer is not willing to sponsor for my renewal. What is the cost of H1B renewal under normal circumstances?
more...

amaze
10-27 03:31 AM
i had no idea. sorry
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gc4me
04-18 09:45 PM
Looks like lot many ROW eb3 PD between AUG03-AUG04, 42% so far.
Good news is not many ROW eb3 for AUG03. Date will going to move definately.
Good news is not many ROW eb3 for AUG03. Date will going to move definately.
more...
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trueguy
09-24 11:56 AM
Mumbai embassy has corrected the Priority Date for EB3-I and now it matches with Visa Bulletin:
Cut Off Dates- Consulate General of the United States Mumbai, India (http://mumbai.usconsulate.gov/cut_off_dates.html)
Cut Off Dates- Consulate General of the United States Mumbai, India (http://mumbai.usconsulate.gov/cut_off_dates.html)
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H1bslave
10-19 09:09 AM
thanks for info, however the news says about illigal but I feel better after your input. All I got to do now is find someone **** and claim GC :)
its applicable to everybody...if ur victim of a crime...u can get gc too.
its applicable to everybody...if ur victim of a crime...u can get gc too.
more...
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Michael chertoff
10-23 07:29 PM
hi all
im in F2B ( LPR filing for son over 21 )
my PD : 12-aug-2009
ON 23-dec-2009 case has been approved , based on the Visa Bulletin currently the are processing visas for F2A with priority date before in 1- JUN i think soon " within 2 month " it will become current and thus all unused visa numbers will transfer to F2B ( spilover ) if this happen i assume i will get my paper and interiview within 2011 .
AM I RIGHT ?????
any insight will be appreciated
100 % right. Have a nice weekend.
MC
im in F2B ( LPR filing for son over 21 )
my PD : 12-aug-2009
ON 23-dec-2009 case has been approved , based on the Visa Bulletin currently the are processing visas for F2A with priority date before in 1- JUN i think soon " within 2 month " it will become current and thus all unused visa numbers will transfer to F2B ( spilover ) if this happen i assume i will get my paper and interiview within 2011 .
AM I RIGHT ?????
any insight will be appreciated
100 % right. Have a nice weekend.
MC
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gc_check
07-17 02:00 PM
There is an on AILA titled...Update (Such As It Is) on the Visa Bulletin Debacle (Updated 2pm)
Does anyone know what it is about?
AILA REPORTING THAT ANNOUNCEMENT UNLIKELY TODAY
The American Immigration Lawyers Association is now telling members not to expect an announcement today. It is not clear why USCIS has delayed an announcement, but I will report as I learn more
http://blogs.ilw.com/gregsiskind/
Does anyone know what it is about?
AILA REPORTING THAT ANNOUNCEMENT UNLIKELY TODAY
The American Immigration Lawyers Association is now telling members not to expect an announcement today. It is not clear why USCIS has delayed an announcement, but I will report as I learn more
http://blogs.ilw.com/gregsiskind/
more...
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mailtobalu
07-28 03:36 PM
Hi,
I am presently working on L1B for company A. This year Company B applied for H1B and same is approved received the approved letter with I-94.
Now I would like to continue in my current job with Company A till I find long project (Minimum 6 Months). My question here is can I continue in my current job after OCT 1st in my L1B Status.
If I want to continue in L1B status what should I do? As of I heard if I travel out of the states and reentered in US after OCT2nd on L1B visa I can continue with L1B status. then what happens to my H1B status? Can I directly move to H1B status when I find a project from Company B?
Please let me know how I should proceed to keep L1B and H1B status valid after OCT1st?
I am presently working on L1B for company A. This year Company B applied for H1B and same is approved received the approved letter with I-94.
Now I would like to continue in my current job with Company A till I find long project (Minimum 6 Months). My question here is can I continue in my current job after OCT 1st in my L1B Status.
If I want to continue in L1B status what should I do? As of I heard if I travel out of the states and reentered in US after OCT2nd on L1B visa I can continue with L1B status. then what happens to my H1B status? Can I directly move to H1B status when I find a project from Company B?
Please let me know how I should proceed to keep L1B and H1B status valid after OCT1st?
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Blog Feeds
09-09 07:20 AM
H1B Visa Lawyer Blog Has Just Posted the Following:
The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the final determination of a Certifying Officer (CO) denying certification. The Employer filed an Application for Permanent Labor Certification (http://www.mvplg.com/CustomContentRetrieve.aspx?ID=2699890) for an alien worker for the position of �Programmer."
An Audit Notification was issued on September 11, 2007 for the purpose of providing evidence of recruitment and documentation. The Employer submitted the necessary forms for the audit: a copy of the ETA Form 9089, recruitment report, prevailing wage determination, Notice of Filing, copy of the job order; evidence of employee referral program, and copies of newspaper advertisement. The CO denied certification due to the lack of documentation from the Employer that showed the job was advertised on its website and job search websites. The employer then requested a review on December 13, 2007 stating there was no copy of these postings and they couldn�t make a print out due to an internal error. The CO issued a letter of reconsideration indicating the Employer did fail to provide adequate documentation and did not overcome the deficiencies in the determination letter. The Employer filed a Statement of Intent to Proceed with the appeal and an appellate brief but the CO still asserted that there wasn�t enough documentation and that was a valid reason for denial in its appellate brief.
PERM (http://www.mvplg.com/LaborCertification) regulations 20 C.F.R. �656.17 (e) (1) (ii) controls and it provides that when an employer advertises a professional occupation, there are additional steps they can take advantage of: advertising the position on the company website and advertising the positing on job search websites. These steps should be documented and all applications for employment filed with the Department of Labor must be kept by the employer for 5 years. In the instant case, the Employer failed to provide enough documentation that the position was indeed advertised on multiple websites. The only supporting data from the Employer was a signed recruitment report.
Accordingly, the Board affirmed the decision of the CO in denying labor certification.
In the Matter of Trans Atlantic Systems, Inc. (http://www.aila.org/content/default.aspx?docid=32567)
More... (http://www.h1bvisalawyerblog.com/2010/09/balca_affirms_denial_finding_r.html)
The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the final determination of a Certifying Officer (CO) denying certification. The Employer filed an Application for Permanent Labor Certification (http://www.mvplg.com/CustomContentRetrieve.aspx?ID=2699890) for an alien worker for the position of �Programmer."
An Audit Notification was issued on September 11, 2007 for the purpose of providing evidence of recruitment and documentation. The Employer submitted the necessary forms for the audit: a copy of the ETA Form 9089, recruitment report, prevailing wage determination, Notice of Filing, copy of the job order; evidence of employee referral program, and copies of newspaper advertisement. The CO denied certification due to the lack of documentation from the Employer that showed the job was advertised on its website and job search websites. The employer then requested a review on December 13, 2007 stating there was no copy of these postings and they couldn�t make a print out due to an internal error. The CO issued a letter of reconsideration indicating the Employer did fail to provide adequate documentation and did not overcome the deficiencies in the determination letter. The Employer filed a Statement of Intent to Proceed with the appeal and an appellate brief but the CO still asserted that there wasn�t enough documentation and that was a valid reason for denial in its appellate brief.
PERM (http://www.mvplg.com/LaborCertification) regulations 20 C.F.R. �656.17 (e) (1) (ii) controls and it provides that when an employer advertises a professional occupation, there are additional steps they can take advantage of: advertising the position on the company website and advertising the positing on job search websites. These steps should be documented and all applications for employment filed with the Department of Labor must be kept by the employer for 5 years. In the instant case, the Employer failed to provide enough documentation that the position was indeed advertised on multiple websites. The only supporting data from the Employer was a signed recruitment report.
Accordingly, the Board affirmed the decision of the CO in denying labor certification.
In the Matter of Trans Atlantic Systems, Inc. (http://www.aila.org/content/default.aspx?docid=32567)
More... (http://www.h1bvisalawyerblog.com/2010/09/balca_affirms_denial_finding_r.html)
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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)
sagittarian
05-14 10:42 AM
Thanks a lot guys!!
Steve Mitchell
February 7th, 2004, 10:59 AM
Although I haven't confirmed, information of Sportsshooter is usually very reliable. Sounds like a lot of issues that were reported indeed were true. The 1D had an early fix after it's initial release as well. If true, it looks like Nikon is addressing the issues.
See:
http://www.sportsshooter.com/message_display.html?tid=7345
Gene Bevins post.
Astonishing if true, but it wouldn't be the first time that the first iteration of new technology like the LBCAST has not gone smoothly.
I doubt it, as the only issue I am aware of is some concerns about noise, and that doesn't seem big enough to do a recall
See:
http://www.sportsshooter.com/message_display.html?tid=7345
Gene Bevins post.
Astonishing if true, but it wouldn't be the first time that the first iteration of new technology like the LBCAST has not gone smoothly.
I doubt it, as the only issue I am aware of is some concerns about noise, and that doesn't seem big enough to do a recall


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