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  • Ann Ruben
    04-28 11:04 AM
    Assuming you meet the requirements for E visa status as an employee and not an owner of the company, this is a viable strategy.





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  • fromnaija
    09-30 06:06 PM
    Yes there is. You need to write to the Service Center that has your I-485 and ask that the approved I-140 with the earlier priority date be substituted for the one in your 485 file.





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  • RadioactveChimp
    04-16 01:39 AM
    another one?!?! hahahhahahha





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  • GCNirvana007
    09-06 12:14 AM
    my gc is filed under eb3 India PD march 2007

    is it true i cant be promoted till GC comes through &

    is it true my salary cant be raised beyond a certain point

    GC has got nothing to do with your work, who told you that



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  • map_boiler
    08-07 09:57 AM
    ...that location of the attorney does not matter, unless you need him/her to accompany you to the local USCIS office for complicated cases, or for interviews.

    I live in Chicagoland but my attorney is Ron Gotcher in CA (Calabassas/LA area), and I would recommend him very highly. The main thing I liked about him was that he is very reasonable and you can phone/email him as many times as you need to without getting charged left, right, and center.

    I would recommend that you pick an attorney that is competent and charges a reasonable price, and one that you're comfortable with as opposed to where they're located.





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  • kothari_rupesh
    07-07 10:59 AM
    ^^^^^BUMP^^^^^ Please Anybody, time line with recent AP Approvals at NSC ?
    Edit/Delete Message



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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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  • continuedProgress
    08-21 08:18 PM
    I am on H1-B, and about to apply for I140.
    My wife has recently got a F1 visa (and her H4 visa has been left valid).
    I am applying for I140. Is it ok to mention her name on my I140 as my spouse?

    Thanks in advance,

    Ace



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  • atul555
    07-28 11:12 AM
    You can have the new stamping done before 6 months of expiry of the current stamp in ur passport or within 1 year of it's expiry.





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  • Ann Ruben
    01-30 10:05 AM
    Pradeep,

    You must mention ALL citations. Failure to do so can result in an allegation of visa fraud, denial of your application and even the possibility of being placed in removal proceedings. I doubt that either citation would provide a basis for denial of your application, but you should consult with an immigration lawyer before proceeding with your application.



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  • ravi.shah
    01-25 12:16 PM
    House Bill Introduced Yesterday to Grant Green Cards and Numerical Limitation Waiver for U.S. Earned STEM Ph.D

    HR 399 !!!

    Courtesy : The Oh Law Firm (http://www.immigration-law.com)

    Thanks.


    (I will appreciate if anyone could help me figure out how to create a new thread.)





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  • thomachan72
    01-25 03:47 PM
    Returning to the US after living abroad for 9 years and need to know what is the best process for my wife to re-apply for green card.
    History:
    My wife and I have been married for 20 years, own a home in the US and have one child who holds a US passport. While living in the US my wife held a Green Card. However, when we moved she surrendered the card. Now we are returning to the US and she need to get the Green Card once again. Does she need to apply as if this is the first time or is there an application or process for previous residents or Green Card holders?

    Thank you for any and all help you can provide.

    cheers,
    JakeJake, am not sure but have heard from some previous GC holders that once you surrender then it is very difficult to get it back. She might have to start all over again. Have u checked with any attorney regarding this?



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  • Saralayar
    04-07 04:56 PM
    Sorry folks, dumb question, but what does LUD stand for? A few words of explanation would be appreciated.
    It is Last Updated Date of the file.





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  • gcloner
    04-15 01:00 AM
    You need to bring more clarity in your questions. Has your GC been approved and you are waiting for it to arrive in mail? or it is still pending approval. You do not need any visa to leave US. You will need it to get back in.

    Be more clear in your questions and someone will reply.

    sorry bout that. gc is still pending in NSC for approval.. had my valid h4... can i still use it incase i stayed in my country for like 7 mos. and gc was approved right after i left the US, can i still go back here in the US with just the valid h4????



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  • mundakamal
    06-21 09:29 AM
    Bumping up for some responses..





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  • roseball
    05-09 11:31 AM
    Hi,
    company A did H1B and H4 (both approval notices. No Visas stamped yet)
    company B is doing H1b only. Can the dependent candidate stay on company A's sponsored H4 approval ?

    sincerely appreciate any input

    Thanks in Advance

    No need to file H4 till her current H4 expires. As long as you are maintaining continuous H1 status (without gaps), H4 would remain active till its current validity even if primary H1 applicant changes jobs. You can file her H4 extension of stay petition 90 days in advance from the current H4 expiration date.



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  • pritesh80
    02-15 10:35 AM
    Thanks!





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  • rb_248
    06-14 03:48 PM
    As my attorney informed us of the dates being current - they are asking for this:

    Please advise on the status of removing the residency requirement
    since you can't proceed with until this is done.

    what does this mean?

    may be your attorney got confused you with another J1 client.





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  • wandmaker
    04-26 04:23 PM
    Not a lawyer- but my guess is that the date of validity on your H1b (First H1) is the day you can start counting your 6 years. This is regardless of when you started working for your employer.

    Example: Employer sponsored H1 for Mr.X on April 2nd 2005. H1 approved with validiity starting 1st oct 2005. Mr. X flew to the USA in december 2005. Started working 15th jan 2006. The 6 years are counted from 1st Oct 05.

    Now one can recapture all the months that the employee was on vacation. But I am not sure if this is still an option.

    The six year count starts from the day you entered the US first. If you take the above example, six year count starts from December 2005. Additionally, if there is gap from the time you entered and started working that period is considered out of status, that's all together different issue.





    jain4444
    07-20 12:58 PM
    I received an email from my lawyer on 26th June 2007 that they have received my approved labor certification in mail today. I got my medical examination i.e. form I-693 performed on June 23rd 2007 and received the results on June 25th 2007. I have already filed my I-485. Will it be a problem since I have got my medical test done a few days before receiving my labor certification.





    matrixneo
    10-20 12:14 PM
    Thanks Guys,
    Yes its related to property matters and need to execute on a stamp paper from India, I see below from Indian Consulate, San Francisco website

    "If you are obliged to execute the Power of Attorney on a Stamp Paper from India, then please follow the �Apostille� Convention. Once the �Apostille� sticker is affixed to the Power of Attorney, the Consulate is not required to authenticate again the Power of Attorney."



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