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  • OLDMONK
    07-23 05:53 PM
    My lawyer explicity told "NOT" to flipflop wven without me asking.

    Same here. My lawyer specified NO "flip top". Does it matter, I guess not.





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  • Blog Feeds
    09-18 10:20 AM
    Attorney Eugenia Ponce recently wrote a blog post here (http://www.immigration-law-answers-blog.com/2009/07/immigration-law/immigration-rights/lawful-permanent-residents-keep-trips-abroad-relatively-short/) cautioning Lawful Permanent Residents to keep their trips abroad relatively short. Here is the text of that post:

    Lawful permanent residents (LPR) of the United States (green card holders) need to keep their trips abroad to a relatively short period of time. The Department of Homeland Security (DHS) could determine that an LPR has abandoned their residence if the LPR’s intent was not to return to the U.S. within a relatively short period of time.

    Factors DHS could consider in evaluating the LPR’s intent include:

    Whether the trip abroad is lengthy or for a short period of time;
    LPR’s family ties in the U.S.;
    property holding in the U.S.;
    business affiliations within the U.S.;
    LPR’s family, property, and business ties in the foreign country.

    After that was posted, we were asked what exactly we meant by the term "relatively short." Of course the answer, as always, depends on several factors. But here is a further explanation from Ms. Ponce:

    What a "relatively short period of time" is can't be defined in terms of elapsed time alone. Generally, lawful permanent residents (LPR) can use their green cards to return to the United States after a temporary absence not exceeding one year. The most important factor in concluding whether an LPR abandoned his or her U.S. residence is to look at the LPR's actual intent to return to the United States after a short trip, along with the other factors such as property, business, and family ties inside the U.S. and in the foreign country. An LPR returning to the U.S. once a year for a few days doesn't "automatically revalidate" a green card in a situation in which the lawful permanent resident has actually been residing abroad.



    More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/lWE-18mYGGw/)





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  • pappu
    01-03 09:10 AM
    Hi Pappu,
    Please PM me your email id and I'll send that to you today.
    himanshu at immigrationvoice.org





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  • reddymjm
    09-16 06:55 AM
    The H1B is counted against the cap only once in 6 years. As you already had a H1 any one can file for your H1B NOW.



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  • Dolly20
    10-25 09:53 PM
    Hi!
    My H1B was filed on April 1st 2007 at Vermont Service Center while i was in India and got selected in the lottery. I came to US on May 13th on H4 visa (I 94 valid till July 18, 2008) and still my papers were under process.
    On June 1st, 2007 the approval notice was sent to my employer.
    Oct 1st, 2007 they applied for my change of status and on 19th it was returned back as a check for 500$ was not included.

    Kindly let me know if we could go for a H1B Transfer and change of status simultaneously with a new employer.

    Within what time line i need to apply for the same.

    Thanks,
    SV





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  • Jaime
    09-12 02:59 PM
    http://immigrationvoice.org/forum/showpost.php?p=114880&postcount=3560

    Thanks



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  • alterego
    10-15 10:39 PM
    I would wait it out if I were you. Why the risk at this stage?
    Risk/Benefit analysis is not in favour of anything but staying put if you ask me.
    What if in the 8-9 months it will take to get to this stage, the EB3 date skips forward, worse yet what if they take a hard stand on conversion cases due to the number they are seeing and you get denied.
    It all depends of course on your personal circumstances, but I can't see the logic in it.





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  • waitin_toolong
    07-30 01:38 PM
    she can do it safely without affecting either of you.



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  • sunny1000
    07-01 04:14 PM
    Hello,

    I was on valid 3-year H1 visa until Dec 2010. I got layed off in Feb 2009.

    I found another employer to file my H1 transfer case in April '09 and the case is still pending (regular processing). We received a RFE asking for my most recent pay stubs and employer info recently.

    The question I have is if the H1 transfer gets denied, what do I do next? How much time do I have to leave the US? Do they give time to pack and make plans to leave? I don't want to face deportation. Also, I have a valid 10- year B1/B2 visa stamped on my passport. Can I use that in any way.

    Your response is greatly appreciated.

    Thanks!

    Your status is governed by the last I-94 which I assume is based on the H1B visa. Once you have had the H1B stamped on the passport, the B1 would have become invalid at that point (even though you may not have the "cancelled without prejudice" stamp on it).

    Now, if your H1B gets denied, God forbid, you have 10 days to leave.

    I wish you good luck.





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  • waitingimmigrant
    11-09 11:05 PM
    hi friends,

    some time ago i contact my senator through this site

    http://www.opencongress.org/bill/111-s1085/show

    and wrote to him about plight of workers in limbo for years
    if not decades ... following is response i recieved... request
    all those stuck in GC limbo to contact their senators...

    -----------------------------------------------------------------------------
    U.S. immigration policy is based on four underlying principles: reunification of families, admissions of immigrants with needed skills, protection of refugees, and diversity of admission by country of origin. The Immigration and Nationality Act specifies priorities for permanent immigration using a complex set of numerical limits and preference categories. Immediate relatives, defined as spouses of citizens, children (under 21 years of age and unmarried) of citizens, and parents of citizens 21 years of age or older, have been given priority in the immigration process.

    Senator Robert Menendez (D-NJ) introduced S.1085 on May 20, 2009. This legislation seeks to reduce current immigration backlogs by classifying lawful permanent resident (LPR) spouses and children as "immediate relatives." Currently, spouses and children of LPRs must obtain visas through the Family Second Preference category. This can lead to a waiting period of several years. Among other things, this bill would allow unused and unclaimed visas from 1992-2007 to be placed back in the pool of current available visas for families, and would establish a �roll over� system for unused and unclaimed visas in the future. This bill has been referred to the Senate Committee on the Judiciary, where it awaits further review.

    I will continue to work with my colleagues in the Senate to craft effective solutions to address our nation�s immigration problems. I will keep your thoughts in mind should S.1085, or any similar legislation, come before me in the full Senate.



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  • jliechty
    January 29th, 2005, 08:39 PM
    Much better. :)

    Your other one had better exposure also. And don't feel too bad about it - I struggle with proper highlight exposure on slide film all the time (/curses his lack of a spot meter). :(

    Received EAD card in Mail [Archive] - Immigration Voice

    View Full Version : Received EAD card in Mail






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  • adnan_vijay
    12-11 09:50 PM
    Hello,
    According to my knowledge the majority of name checks submitted are electronically checked and returned to the submitting agency as having "No Record" within 48-72 hours. The processing time for FBI name checks usually take from 30-120 days but timing does vary from case to case. The FBI’s intention is to have all visa requests processed within 120 days. Most name check requests that are over 60 days old are the result of the time required to retrieve and review field office record information. Any case which is not processed within this time frame is usually delayed because of a potential "hit" which will be further reviewed manually.

    Hello Sir,

    Thank you for the quick reply.

    As my application have been lodge for almost 2.5 months now.

    Can I please ask 'when' is the FBI name check done? Is the FBI name check the first thing that will be done?

    How will I know that my FBI name check is successful?



    Thank you once again.

    :confused:



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  • sameer2730
    02-05 05:45 PM
    My parents are going back to India in April'10 just before completion of their 6 months. But they want to come back again after 3 weeks. They have got their visa for 1 year. So they can stay another 4 months on their 2nd trip from May'10 to Aug'10.

    Is it going to be a problem during their next visa stamping or immigration at airport as they will end up staying 10 months in US out of their 1 year approved visa ?

    Please advise.
    It can get difficult at the POE. My parents in laws returned in 4.5 months and got questioned a lot. They will not deport them but they could give them at 15 day I-94 in which case the trip will cost you/them a bomb.





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  • 485Mbe4001
    04-09 07:47 PM
    I think that it was a trial balloon. I have seen this pattern for most of the major issues this administration is planning to tackle. Take TARP for example...for a month one would just hear leaks about proposed solutions. Media would pick it up and give a reaction, the next leak would be an updated version based on the feedback. Such articles help keep the issue in the forefront, help gauge the reaction (both positive and negative) and provide a simple exit to backtrack incase of major opposition. :rolleyes:



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  • sganny
    03-01 12:46 AM
    Hi,

    I am on H1 visa and my wife is on H4. Our son was born here last summer with multiple complications, a few of them were life threatening as well. He is recovering well from multiple surgeries but still has issues that require constant medical attention. It is possible that I might be laid off soon and while I am searching hard to find a new job, it is possible that I might have to leave the country to avoid being out of status. With my son's current health condition, my preference is to stay here for some more years till he is completely out of the woods. I wanted to get expert advice from lawyers/members of IV as to what my options are? Will writing to my local senator and asking for a visa that will allow me to stay here even if I lose my job, an option? If so what visa would that be? I have another daughter who is on H4 as well. If we have to convert to b1/b2, is it straightforward and once on b1/b2, can I convert to H1 if I get another job? Are there provisions for parents to get green card based on a sick US citizen child?

    Any help in this regard is highly appreciated.





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  • satishm
    08-18 09:40 AM
    I remember reading if you travel outside the country while your AP is pending, it will be considered abandoned and you may not receive approval or any refund.
    Check with your attorney



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  • martinvisalaw
    10-06 05:48 PM
    My husband's employer told him that the 6 year H1 B stay cap has been eliminated since the year 2008. Is that true?

    No. There is still the 6-year limit, unless the H-1B holder has reached a certain stage of the permanent residence process.





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  • a_yaja
    07-24 02:56 PM
    I mean should it be only Software engr in the exp letter rather than Sr Software engr, since the labor says Software engr ?
    What is the position mentioned in the LC for your previous job? IMHO, it does not matter what the title is. As long as the job description is the same, you should be OK.
    I had "part time Oracle developer" in the LC but the letter I got just said "Oracle developer" and mentioned that is was part time (20 hrs/ wk). I don't think it is such a big deal.
    What did your lawyer say?





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  • sushant_s
    08-26 10:12 AM
    Some additional information. My wife's first semester will be Fall semester as H4 and spring as F1. She will graduate by the end of spring- i.e. May 2009.





    bandhu
    02-03 01:53 PM
    I entered US in 2001 on H1B and have not left the country since then. Unfortunately within few months of coming to US, I had a fight with my wife and was charged of domestic violence. This charge was later reduced and I was convicted of a simple battery.
    Now if I travel overseas and come back on AP (I intend to use my approved AP instead of going for H1B stamping), can I be denied entry to US at port of entry because of my criminal charge?
    Anyone in the same situation or know someone in this situation? Was there any issue in there re entry into US?
    Thanks a lot in advance.

    I entered US in 2001 on H1B and have not left the country since then. Unfortunately within few months of coming to US, I had a fight with my wife and was charged of domestic violence. This charge was later reduced and I was convicted of a simple battery.
    Now if I travel overseas and come back on AP (I intend to use my approved AP instead of going for H1B stamping), can I be denied entry to US at port of entry because of my criminal charge?
    Anyone in the same situation or know someone in this situation? Was there any issue in there re entry into US?
    Thanks a lot in advance.





    hope_2007
    03-28 02:12 PM
    Hi all,

    The Coalition for Comprehensive Immigration Reform (CCIR) has announced today (3/28) and Thursday (3/29) will be National Call-In Days in support of the Security Through Regularized Immigration and a Vibrant Economy (STRIVE) Act of 2007.

    Here�s the official announcement:


    Greetings,

    Wednesday, March 28 & Thursday, March 29 are NATIONAL CALL-IN DAYS in support of comprehensive immigration reform.

    Congressmen Luis Gutierrez (D-IL) and Jeff Flake (R-AZ) have just introduced bipartisan comprehensive immigration reform legislation. The immigration debate is moving forward and Congress needs to hear from you!

    Call this number and follow the instructions to connect to your members of Congress:

    1-800-417-7666

    Tell your representative that we NEED COMPREHENSIVE IMMIGRATION REFORM NOW! Comprehensive immigration reform is the solution to fixing our broken immigration system, and now is the time to act. Families, workers, and communities across the country are counting on Congress to get it done, get it right, and do it now.

    You can help make it happen with your phone call. JOIN THE EFFORT!

    Source: http://www.knightopia.com/journal/?p=674
    I hope all of you who encourage the STRIVE ACT 2007 would join the effort try to make this happen.
    Thanks And Hope for the Best!