Wednesday, June 29, 2011

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  • sbmallik
    05-06 05:05 PM
    Generally an I-485 applicant can stay abroad till the Advanced Parole remains valid. In your case the best bet is to change the pending I-485 case to consular processing.





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  • ursosweet
    07-17 08:06 PM
    Hi everybody
    My lawyer had filed my 485 eb2 on july 2 (under july bulletin).
    Now that the bulletin has been re-instated, i am getting nervous thinking if my lawyer filed the application complete or in a hurry she missed something. Obviously, i do not think it'll be right to ask her if she filed it properly.
    Under what circumstances can the application be rejected right away even before they have issued the WAC#??

    and my 140 is pending....what happens if my lawyer forgot to attach the 140 reciept? Can they still send it back??

    thanks
    pk





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  • martinvisalaw
    01-26 05:30 PM
    I don't want to second guess the experienced lawyers. They are probably planning on mentioning an alternative educational background as acceptable, in addition to the CIS. There is a place on the PERM form for this.





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  • redgreen
    11-17 12:01 PM
    To my knowledge they consider the salary you were getting in the last one year to calculate UI benefits. If you are applying one year after the job loss, chances that you get anything is very low.

    Anybody who is eligible to work in US and has enough work credit can apply for unemployment insurance benefits. I think, USCIS will know about this but sending RFE to people about this is not feasible.



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  • lj_rr
    07-01 03:57 PM
    This should be "Department of Homeland Security" per Attorney.

    for 482 the 2 checks of 325 and 70 and one check of 180$ for I765 should be payble to 'Department of Homeland Security', or 'United States Citizenship and Immigration Service'

    The form says it should be payble to 'Department of Homeland Security' and the immigration voice 485 help thread says it should be payble to 'United States Citizenship and Immigration Service' .

    Please suggest and sorry if this si a repost. I could not find a exact answer.

    Thanks
    -M:confused:





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  • dgs
    07-17 07:57 PM
    Hi folks,

    Could someone please point me to a Marriage Certificate Translation service9s)?

    It's in Marathi and has photos, legal fee stamps and seals on it and I would like to retain the look as much as possible.

    I kinda searched this website, but the search engine doesn't take you to a specific post in a thread. Instead it just brings up all threads that contain a post with the search keyword. After navigating through a few pages with no luck, I gave up and hence the (potentially redundant) question!

    With another opportunity for Adjustment of Status around the corner, I want to get this asap.

    Thanks.



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  • martinvisalaw
    08-07 12:16 PM
    Hi,
    Should I go to Canada or Mexico and re-enter US with EAD/AP before my AP expires to start working on EAD and avoid any "out of status" issues ?

    Does Canada Mexico ask for valid VISA and I-94 to get a visitor visa?
    Should I go to India(my home country) and re-enter US before my AP expires to keep my status ?

    It doesn't seem to me that you need to leave the US at all. You are authorized to stay here because you have a 485 pending. You can work using your EAD. The company should have reverified your I-9 form when the H-1B expired, assuming that you showed the H-1B paperwork to complete the I-9. However, since you have an EAD, you were not working without authorization.

    However, you have a lawyer who has reviewed all your paperwork and presumably s/he knows something that I don't.

    Whatever you do, you should NOT try to enter the US as a visitor when you really want to work here and be a permanent resident. That would be fraud.





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  • rb_248
    09-11 01:55 PM
    Lawyers can usually justfy some minor spelling mistakes and answer to RFE. Usually USCIS accepts BC name.

    Based on inputs from my lawyer, there is some delay if such descrepency is there - he said that he can reply to such RFE and apart from delay there is no other issue.

    Thank you. That is good to hear.



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  • venky321
    03-23 07:19 PM
    I dont think that the USCIS can staff all the Port of Entries with officers who are well versed in every single visa type.

    It can hardly be expected that a typical POE officer is aware of all the requirements and intricasies of the H1B visa; LCA, prevaling wage, bench, client/employer, paystubs, client letter etc.

    Nevertheless it is possible that there might be some POE officers placed at certain places (strategically ? ) in light of recent efforts to enforce H1B and DOL regulations more stringently; especially in light of the recent report highlighting the large amount of frauds and violations in the H1B program. In that case; one should still be fine if one has long term client project, all paystubs, tax returns etc.

    Is there any way Immigration voice can find out if there has been a change of policy to enforce H1B regulations at the Port of Entry? (In addition to consular interviews and applying for the H1B itself)





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  • sunny1000
    11-16 10:07 PM
    My current AP will be expiring this Dec, and my priority date is Jan 2006.
    I have a wedding in Canada in January 2011. I would like to know if I need an Advance Parole to Canada then re-enter? Somehow I read somewhere about Canada and Mexico have different requirements.
    Thanks for your input.

    Yes, you WILL need AP. DO NOT leave without an APPROVED AP in hand, to Canada, as that will make your GC application deemed abandoned. Repeat, you need an APPROVED AP in hand, before you depart for Canada.



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  • sr1973
    07-23 11:22 AM
    Looks like my thread is not necessary and an extra garbage.

    Green Dot members,
    How do I erase this thread.





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  • Blog Feeds
    05-30 12:30 PM
    Silicon Valley Immigration Lawyer Blog Has Just Posted the Following:
    An earlier blog post "Silicon Valley Employers Need to Prepare for Surprise USCIS Visits" (http://www.siliconvalleyimmigrationlawyer.com/2009/10/silicon-valley-employers-need.html#more) described the "new normal" of USCIS employees or contractors showing up unexpectedly and inquiring about past visa petitions and foreign national workers. A recently held Department of Homeland Security program, titled, "2009 Government and Employers: Working Together to Ensure a Legal Workforce" sheds more light onto the types of visits being conducted.

    Ronald Atkinson, Chief of Staff of USCIS' Fraud Detection and National Security (FDNS) (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=0353f8e5492ec110VgnVCM1000004718190aRCR D&vgnextchannel=2af29c7755cb9010VgnVCM10000045f3d6a1 RCRD) office, explained the three types of site visits that are currently being conducted:


    Risk Assessment Program fraud study. Applicable to any type of benefit program, including family and employment-based visas, this study is part of a joint program between USCIS and ICE (Immigration Customs and Enforcement). Applications and petitions are chosen at random, usually on a post-approval basis, for visits to help in designing profiles of potential fraud.


    Targeted site visits. These visits take place where fraud is suspected, and consist of a visit to ask questions. Advance notice, including notice to counsel, is supposed to be provided.


    Administrative site visits. These relate to religious worker and H-1B petitions (http://www.geelaw.com/lawyer-attorney-1054805.html). They generally are conducted by contractors who know nothing of immigration law. Religious worker visits are performed under the regulations for that category. For H-1B site visits, the contractors have been equipped with a set of specific questions, and all employers/beneficiaries should be asked pretty much the same questions, primarily reaching the issues of whether there's really an employer there, whether the employer knows it filed the petition, and whether the beneficiary is doing the work and receiving the wage indicated on the petition. H-1B visits are done on a post-adjudication basis, and are randomly selected. Each employer should receive only one such visit, but may receive different visits for different sites.







    More... (http://www.siliconvalleyimmigrationlawyer.com/2009/11/why-uscis-might-be-at-your-doo.html)



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  • IQAndreas
    03-05 01:36 PM
    Next we need a competition to pick out all the hidden words! ;)

    Just by glancing, I already have "borders", "luck", "needs", "haha", and "winner" (trying some sort of psycological hidden-text-influences-mind on that last one, eh?)





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  • willgetgc2005
    09-14 07:13 PM
    Hi,

    My EB2 labor PD 12/2002 is in Philadelphai backlog center. With the online backlog case status now available, I wanted to find out about my case.

    However, lawyer is not giving my case number. Is there any way to find out. Gurus please help with suggestions.


    Thanks



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  • Money
    02-14 12:08 AM
    in the final bill. No need to worry





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  • dc2007
    07-01 01:35 PM
    Thanks for the response STAmisha..

    My lawyer is saying whatever exp. you will give, you should have originals of that. I don't have much hold of my lawyer and he is not suggesting whether I should use new experience than what I used in my first labor.

    Thats why I want to know if anybody else has done this before..



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  • ravise
    08-13 12:42 PM
    a2p is ability to pay





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  • ak27
    07-18 08:33 PM
    What is the best possible solution to get around different place birth on Passport and BC. Any has affidavit format for such issue please share it.





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  • k_confused
    08-16 07:57 PM
    But it is too late now :(





    carbon
    11-01 02:06 PM
    Dear Friends,

    Can I quite my current job in the US and go back to india for 6 months come back on AP and find similar job ? is this possible ? how long can I stay in india
    before my I-485 status "runs out" ?

    My PD is June 2005/EB2. I am a July 2 filer. I have received I-485 receipt,EAD and AP.

    Thanks.





    viper1400
    03-13 02:05 PM
    I got the LUD on the same date (Soft LUD) but didn't call to check on the status.

    mine is at CSC.