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  • rams75
    09-29 11:49 AM
    Switch from Adjustment of Status (AOS) to Consular Processing. The caveat is you lose your EAD and will have to wait for your PD to be current before you can work in the US again. Unless you get a new H1 and want to start over!

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  • peer123
    12-05 08:37 AM
    I checked with my attorney, she there is possiblity of it getting approved but there is risk also.

    In progressive experience I meet even the experience criteria if I include all my work experience prior to me passing the degree. could this work experience be used.

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  • levelup2
    11-21 10:11 AM
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  • gcadream
    05-02 09:06 PM
    Can somebody please throw some light on this issue.

    I have an approved H1extn till 2013 but I had moved to the new location and new project since then but I don't have a new LCA. And now when I'm planing to go to india and appear for visa stamping I don't have the new LCA for my current location.

    When I asked my lawyer, she said that I need to apply for fresh H1 extn. This doesn't make sense to me, Can I only get new LCA for my new project location ?
    Do I need to get my H1B amended with this change ?

    Please help me on this ...
    Waiting to hear back ASAP.

    Thanks in advance


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  • honge_kamyaab
    10-02 09:13 AM
    Did manager's amendment get approved with Border bill? What the course of action for manger's amendment.
    Can someone throw some light on this.

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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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  • lost_angeles
    07-14 11:51 AM
    I am from India. My employer had applied for PERM EB2 labor while my old EB3 labor was still pending. My EB3 labor, with priority date of MAR 2005, was approved before July fiasco and I was able to apply for 485/EAD/AP/etc.

    Last August (2007), my PERM labor was approved too; I had the chance to file a new I140 and request interfiling with my existing 485 application. But my lawyer suggested me not file a new I140 and we let the approved EB2 labor expire.

    Now, I am having second thoughts, as I did then. Is there any way I can use the old expired labor (> 180 days after approval). I know I cannot use it directly to file I140, but are there any ancillary benefits of having an approved, albeit expired labor? I am thinking of either checking with my employer if they can file a new EB2 PERM labor if I qualify, or switching my jobs.


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  • vandanaverdia
    09-07 02:52 PM
    ^^^ bump ^^^ Anyone working in Microsoft, Amazon, Starbucks, Boeing.. all of them... please spread the word, post internally, talk to friends.. I am sure there can be more people from Seattle attending the rally! Wake up, lets go..


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  • same_old_guy
    04-30 07:41 PM
    What do you mean by filing ?
    Is there anything to file for AC21 ? I somehow thought it's implicit and you just have to let USCIS know that you have changed your job. That's all. That too is not a mandatory task but most lawyers suggest it to play safe. I think it's matter of sending the letter with details to USCIS.
    You just be prepared to explain at the 485 interview or reply to RFE's or NOID's if sent by USCIS, which wont happen till your 485 date is current or your sponsoring employer withdraws 140.

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  • ssdtm
    05-14 06:10 PM
    Lets not generalize it. Everyone is different.


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  • Blog Feeds
    03-08 07:40 AM
    We are a few hours away from the biggest Awards ceremony in Hollywood and the world. So what part do Immigrants play in the biggest show on earth? Talent is the one universal passport, and Hollywood has always had a place for immigrants � from German maestro Fritz Lang, who headed west when Hitler's minister of propaganda pressured him to take over Germany's top studio, to Polish Roman Polanski, who directed Los Angeles' definitive film noir, "Chinatown," and Taiwan-born Ang Lee, who became the first nonwhite to win an Academy Award for directing for "Brokeback Mountain," his reinvention of the western.

    As Hollywood tries to stave off commercial stasis, the industry has been undergoing another chapter in its love affair with foreign writers and directors, particularly those from the Far East and Latin America. The international box office now accounts for more than 60% of a film's box office gross.

    Of course, in this age of globalization, it's unclear what it even means to be a Hollywood immigrant anymore. "It doesn't matter where you live," says Paramount Classics chief John Lesher. "We all talk on the phone. We see each other at film festivals. You can edit a movie in Brazil, and your editor can be in London, and you can put it together seamlessly in perfect time."

    So for Oscars 2010 we will not able to determine again who is an immigrant and who is not, an honestly who cares. What we want to know is who will win tonight.

    For as lacking in suspense as the acting races are, the contest for the biggest prize couldn't be any closer. It's David vs. Goliath here, with 'Hurt Locker' and 'Avatar' seemingly trading "favorite" status every other day.

    Unless they somehow split the votes and the Weinstein-backed 'Basterds' revises more history with an upset, the Oscar will go to either the highest-grossing Best Picture winner ever, or the lowest (in half a century, anyway). Be warned: This one is flip-a-coin close. Enjoy the Oscars tonight!!!!

    More... (http://www.visalawyerblog.com/2010/03/hollywood_immigrants_oscars_20.html)

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  • Blog Feeds
    09-08 09:50 AM
    San Diego Immigration lawyer informed that the Department of Homeland Security, USCIS has submitted the information collection request to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995. The information collection was previously published in the Federal Register on June 9, 2009, at 74 FR 27339, allowing for a 60-day public comment period. USCIS did not receive any comments for this information collection. The purpose of this notice is to allow an additional 30 days for public comments. Comments are encouraged and will be accepted until October 2, 2009. This process is conducted in accordance with 5 CFR 1320.10.
    Written comments and suggestions especially regarding the estimated public burden and associated response time, should be directed to the Department of Homeland Security (DHS), and to the Office of Management and Budget (OMB) USCIS Desk Officer. Comments may be submitted to: USCIS, Chief, Regulatory Products Division, Clearance Office, 111 Massachusetts Avenue, Washington, DC 20529-2210. Comments may also be submitted to DHS via facsimile to 202-272-8352 or via e-mail at rfs.regs@dhs.gov, and OMB USCIS Desk Officer via facsimile at 202-395-5806 or via oira_ submission@omb.eop.gov.
    We suggest when submitting comments by e-mail please make sure to add OMB Control Number 1615-0035 in the subject box. Written comments and suggestions from the public and affected agencies should address one or more of the following four points:
    (1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
    (2) Evaluate the accuracy of the agencies estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
    (3) Enhance the quality, utility, and clarity of the information to be collected; and
    (4) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

    More... (http://www.visalawyerblog.com/2009/09/uscis_issues_extension_of_info.html)


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  • kirupa
    10-20 03:08 PM
    wow, really nice! :)

    Kirupa :pirate:

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  • LostInGCProcess
    02-05 02:50 PM
    I meant to ask about a turks & caicos visa. It is a british overseas territory but doesn't seem to require a visa from anyone.

    You may not need a visa to visit those British territories....but, you need a visa or AP or GC to enter US. Once you have gone there for visiting (or any other purpose), you have crossed the international border of US.


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  • senocular
    10-28 09:59 AM
    Woops sorry, I'll resize in a min.
    Nah it says "Stop wasting your time".. didn't think anyone would bother ;)

    No, it says "Stop Wasting Your ". Count the binary sequences.
    1, 2, 3 ... 18.
    ("Stop Wasting Your Time").substr(0,18) == "Stop Wasting Your "

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  • Suva
    07-18 04:15 PM
    Close this thread immediately.


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  • rtroy
    10-09 04:49 PM

    In case if your attorney send you a copy I-485 application, you should have
    your I-140 approval or receipt number with your I-485 application copy.


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  • singam
    04-08 06:27 PM
    This is at the least that the DOL and DOS should allow.
    BECs are a joke.

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  • meridiani.planum
    09-07 03:39 PM
    Thank you very much for your reply. Just wanted to know what is "LPR"?

    LPR = "Lawful Permanent Residence" = green card holder.
    the whole reason we are in this multi-year circus!

    08-11 01:10 PM
    My friend will come from India on H1B first time to Atlanta Air port this weekend. His H1B was approved for year 2008 and his stamping was done in early 2009. His H1B is from small desi consulting company. What kind of questions he may face? Any inputs will highly appreciated.

    05-03 04:18 PM

    Thank you for the advise.

    My wife has already gone to the consulate and got her stamping. So she is out of the loop, its only me who needs the stamp.

    To put my question in a different way:

    Will the consulate cancel/stops/statusquo my wifes H4 visa as the H1B is in "Admin Processing"?

    Thanks again.
    They will not do it because your visa will be under admin processing and not denied or rejected.


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