Thursday, June 30, 2011

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  • Ann Ruben
    06-08 08:16 AM
    To the best of my knowledge, e-filed applications for EAD and AP renewals usually trigger biometrics appointments. If applications for EAD and AP renewals are filed the old-fashioned way, biometric appointments will probably not be required.

    With respect to your second question, you must be physically present in the US to file tha application for Advance Parole.





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  • Blog Feeds
    10-15 06:30 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/)





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  • gcwait2007
    12-27 01:47 PM
    Can you please advise your processing center?





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  • willgetgc2005
    04-03 03:14 PM
    Any thoughts ?



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  • sledge_hammer
    06-25 12:08 PM
    The date you sign the form.

    What date should we write on the form beside signature if we are planing to send the packet by 1st july .





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  • trexx7
    07-27 10:36 AM
    I have my I-140 approved from Company A(Future Emp) PD 2002 and 485 PENDING . Since Visa category is current.
    My current company B is asking me to apply for I-485 PD 2005 and withdraw 485 from Company A. Since PD of
    Company A is 2002. I dont want to loose the opportunity. Should I join Company A/ Stick with Compamy B.
    Gurus Please advice..



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  • pianojangee
    10-11 10:12 PM
    I don't think F-1 is dual intent. F-1 is non-immigrant visa. Dual intent means, even though the visa it self is non-immigrant but it has intent to change to immigrant visa, such as H-1B Temporary worker and K-1 Fiance visa.
    For more accurate answer, consult an immigration attorney.





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  • DarkChild
    04-08 04:19 PM
    :lol:



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  • India_USA
    07-02 10:09 AM
    Aspect #1
    Close to 90% of the population--excluding Native Americans and those who were forced here in shackles--moved here out of their own volition.
    Not that this has made things any easier for immigrants. In the 1850s the nativist Native American Party--reacting to a wave of Irish Catholic and German immigrants--declared that America faced "an imminent peril" from immigrants "of an ignorant and immoral character." California in the late 19th century tried to ban Asian immigration and land ownership. In 1924 immigration from everywhere outside northern Europe was severely restricted.
    Aspect #2
    Only immigration can provide the labor force, the expanding domestic markets and, perhaps most important, the youthful energy to keep our society vital and growing. Many bustling sections of American cities--the revived communities along the number 7 train line in Queens, N.Y., Houston's Harwin Corridor, Los Angeles' San Gabriel Valley--are dominated by immigrant enterprise. In contrast, the cities without large-scale immigration, such as Cleveland, Pittsburgh and Cincinnati, have stagnant and even declining populations.





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  • ItIsNotFunny
    10-31 11:29 AM
    My employer will not withdraw my I-140. Should I still go ahead with AC21 or should I just do change of address with USCIS?
    I will be starting my new job pretty soon. Any useful suggestions appreciated.

    Thanks!
    Samcam

    First, its a very very wrong assumption that your employer will not withdraw I-140. Sometimes even if they don't want to, to comply with govt. regulations they gotta do it.

    I would suggest not to get into a situation where you have to invoke AC21 till clouds are clear.

    Please do visit: http://immigrationvoice.org/forum/showthread.php?t=22182

    Also, don't forget to mail.



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  • pointlesswait
    03-03 05:34 PM
    i think majority of the Eb2 filings are under audit..
    i ran my first ad..this sunday..and my lawyer didnt say a thing abt change in perm process.. but he did mention that Eb2 are being scrutinized more.

    i think ur desi consultant is afraid of being under the scanner ! ;)





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  • foobar2001
    08-02 01:50 AM
    hi,

    i entered the US on AP in Jan 2010, and at the time of entry, my I94 validity was set for
    1 year (viz Jan 2011) - and the AP also noted "AoS" status on it.

    (a) Is the validity of my I94 (and thus my legal stay) 1 year, or as i have read elsewhere,
    if AoS is pending, then its valid till the AoS case is decided?

    (b) If the validity is 1 year, what is the process for extending the I94 validity?

    thanks for your time,
    -andy



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  • gc4arun
    07-06 11:38 AM
    Besides, depending upon how the "CLASS" is defined- you will not lose your claim if they win the lawsuit.

    It does not require you to have filed your case to benefit from the class action , but it depends on how the class has been defined. You can goto Rajiv's website and hear the latest conference call recording which explains his opinion on this.

    A





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  • kcforgc
    04-09 11:26 PM
    Your H1B is tied to your current company. If your new employer wants to hire you, they have to file a separate H1B for you.

    So your answer should be. "I need H1B sponsorship to work."

    Thank You!!



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  • keepwalking
    06-02 06:27 PM
    From many sources I heard, once you start using your AP you have to use EAD (that means you are ignoring/abandoning your H1B processing). You can't be in both EAD and H1B status.

    Please ask your attorney for firsthand information.

    Thanks for your responses. Will the 240 day rule apply even if I reentered on AP and in parolee status?





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  • mamit
    03-07 11:31 AM
    I thought about putting up a new thread since we don't have a specific post for people who went through (or are currently going through) the "security clearance" and the typical delay that it entails.

    Thanks for your co-operation.



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  • rajeshalex
    07-22 08:01 AM
    Hi All,

    For the adjusment of status to that of a lawful permanent resident
    in the office of the Immigration and Naturalization Service center, which one I should select ?. I live in virginina. Is it the one at Vermon?

    Is there a link to determine which office to select?
    This is one of the questions in ETA-750 B

    Thank You

    Rajesh





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  • Mahatma
    07-25 08:36 AM
    Dear friends,

    I received card production e-mail today.

    My PD June 2007, RD Oct 2007. No REFEs. EB1 India.

    Thanks for all the help and good counsel.

    Lesson from this experience: Learn to handle delays. Take things in your stride. Do not make GC as end of your life. We can work anywhere and be happy, though US is a preferred destination.

    In this process, I made so many friends and learned to heed others views and good advice.

    Will continue to work for IV.





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  • GC4US
    06-11 01:47 AM
    Hello everybody,

    I just got an RFE for I-485...they are asking about marriage certificate and birth certificate...when I applied for I-485, I sent marriage certificate and birth certificate ..why they are asking me again to send?

    And can you tell me please what to do with the following.......Uscis sent me too an envelope where to put my documents for RFE.......but the docs dont fit in the small envelope...is it ok if I put my docs in a different and bigger envelope?

    My PD is sept 2005 ROW.
    If someone faced the same situation please help me with some advice.

    Thanks in advance





    thomachan72
    03-20 08:53 AM
    These guys did not mention specifically "legal immigrants" but to me that sounds even easier since most of them possibly have decent wages and also maintain a legally sound lifestyle.





    Ann Ruben
    06-24 11:49 PM
    USCIS has been "pre-adjudicating" I-485's without current priority dates so that they can be approved expeditiously once priority dates become current. This is likely a waste of effort given that it may be years before many EB-3 priority dates are reached.



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