Blog Feeds
02-08 06:10 PM
Immigration Visa Attorney Blog Has Just Posted the Following:
http://www.immigrationvisaattorneyblog.com/flag_CNMI.gifAll immigration law attorneys must deal with foreign countries, unique international legal issues, and some quaint interpretations of law. The lawyers at Los Angeles' Fong & Chun are no exception, and in fact, this recent change affects some of our clients who do business in or own businesses in the Commonwealth of the Northern Mariana Islands (CNMI).
On 28 November 2008, "the United States" as defined for purposes of the Immigration & Nationality Act (INA) just got bigger, with the addition of the Commonwealth of the Northern Mariana Islands. Although there are probably wrinkles I have not yet read in the treaty, this essentially puts the CNMI on the same footing as Puerto Rico. Here's the cute part:
Because the CNMI will become part of the "United States" as defined by �101(a)(38) of the INA, "residence or presence in the CNMI before 28 November 2009 shall NOT be considered residence or physical presence within the USA for INA purposes. Thus, on 29 November 2009, all persons physically present in the CNMI are considered "to be present in the United States without inspection, by operation of law."
Will these PWIs (present without inspection) be eligible to adjust status? Unclear? Are they working "abroad" for purposes of L visas? Yes, as it turns out. One thing is clear: Legal Permanent Residents (so-called "green" card holders) who wish to base a naturalization application based on physical presence in the CNMI will NOT be able to do so for pre-29 November 2009 periods of time. Isn't this esoterica fun? --jcf
More... (http://www.immigrationvisaattorneyblog.com/2010/02/the-usa-is-bigger.html)
http://www.immigrationvisaattorneyblog.com/flag_CNMI.gifAll immigration law attorneys must deal with foreign countries, unique international legal issues, and some quaint interpretations of law. The lawyers at Los Angeles' Fong & Chun are no exception, and in fact, this recent change affects some of our clients who do business in or own businesses in the Commonwealth of the Northern Mariana Islands (CNMI).
On 28 November 2008, "the United States" as defined for purposes of the Immigration & Nationality Act (INA) just got bigger, with the addition of the Commonwealth of the Northern Mariana Islands. Although there are probably wrinkles I have not yet read in the treaty, this essentially puts the CNMI on the same footing as Puerto Rico. Here's the cute part:
Because the CNMI will become part of the "United States" as defined by �101(a)(38) of the INA, "residence or presence in the CNMI before 28 November 2009 shall NOT be considered residence or physical presence within the USA for INA purposes. Thus, on 29 November 2009, all persons physically present in the CNMI are considered "to be present in the United States without inspection, by operation of law."
Will these PWIs (present without inspection) be eligible to adjust status? Unclear? Are they working "abroad" for purposes of L visas? Yes, as it turns out. One thing is clear: Legal Permanent Residents (so-called "green" card holders) who wish to base a naturalization application based on physical presence in the CNMI will NOT be able to do so for pre-29 November 2009 periods of time. Isn't this esoterica fun? --jcf
More... (http://www.immigrationvisaattorneyblog.com/2010/02/the-usa-is-bigger.html)
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nitkad
05-09 05:23 PM
Mine is around 10K for Europe so I should be fine...
Best of luck to you...
Congrats
Best of luck to you...
Congrats
sonia_sd
09-21 05:29 PM
Can anybody throw some light on this.
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suttu
08-01 01:31 PM
My employer has asked me to take care of our office in India. I am on H1B that will expire in 2011. We have decided for me to spend 2 months in India and one month in US. The plan is to reenter US on H1B since it will still be valid.
I also have a pending 485 and i am going to let my EAD and AP timeout and stick to H1B.
Now, the question is: will this be a problem? Is there a limitation on how long an H1B holder stay outside the US while continuing to maintain status?
I am going to be travelling back to India soon but have already spent more than 5 months in india this year (onver three trips) and am wondering if there will be a problem when i come back in november.
I cant find anything on the net no this.
I also have a pending 485 and i am going to let my EAD and AP timeout and stick to H1B.
Now, the question is: will this be a problem? Is there a limitation on how long an H1B holder stay outside the US while continuing to maintain status?
I am going to be travelling back to India soon but have already spent more than 5 months in india this year (onver three trips) and am wondering if there will be a problem when i come back in november.
I cant find anything on the net no this.
more...
martinvisalaw
07-20 02:11 PM
Hi
It will great help if some body can help regarding this.
I had my H1B from A Company,Recently i have moved to B Company where i was asked to go to UK for Business purpose.I have yet to have stamping from B Company.I still have valid visa till end of next year from Company A name stamping in the passport.Will there be any issues for comming back from UK without having stamping.
Thanks
You can use the valid visa from Co. A provided that you also show the H-1B approval from Co. B on returning to the US.
It will great help if some body can help regarding this.
I had my H1B from A Company,Recently i have moved to B Company where i was asked to go to UK for Business purpose.I have yet to have stamping from B Company.I still have valid visa till end of next year from Company A name stamping in the passport.Will there be any issues for comming back from UK without having stamping.
Thanks
You can use the valid visa from Co. A provided that you also show the H-1B approval from Co. B on returning to the US.
frostrated
02-09 10:27 AM
if your LLC is sponsoring your GC petition, then it is not possible. Your EAD will have certain conditions for employment, usually in the same line of work as the Labor Cert. Unless of course if you are a dependant EAD, then there are no restrictions on your employment opportunities.
more...
juhis
06-14 06:11 PM
My case is a bit different.
I have a 485 filed by a company for future employment.
Right now my Priority date became current for my current employer and that labor and I140 are approved.
So can we file multiple 485's with USCIS or do we need to cancel the other 485 to file new 485 with my current employer.
Height of Greediness
I have a 485 filed by a company for future employment.
Right now my Priority date became current for my current employer and that labor and I140 are approved.
So can we file multiple 485's with USCIS or do we need to cancel the other 485 to file new 485 with my current employer.
Height of Greediness
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mmk123
01-15 08:50 AM
Here is something we really should watch closely. US senate race in Massachusetts between Democrat Coakley and Republican Brown. They are fighting for the vacant seat of Hon. Late Senator Ted Kennedy. Now, people would think, why a race in mass. matter? It's a completely blue state, and had no republican senator in last 40 yrs, obviously a democrat would win. The election is on tuesday and the ground reality seems to suggest something else.
This seat is crucial for President and Democrats as it is the much coveted 60th seat in the senate to get a filabuster-proof majority which democrats have enjoyed so far. It is critical for healthcare reform as well as for immigration reform (if at all it comes).
The gap between both the candidates was narrow with democrat leading but today, for the first time, polls indicate that Brown has taken lead over Coakley. People in this blue state seem to increasingly support Brown, mainly frustrated because of healthcare policies. Mass residents already have a healthcare related tax to help run state's universal health care. On top of that, federal health overall would be adding more taxes on people and people fear that they will end paying both. Already, mass is a very high tax state. So, there is an increasing popularity to tax-related fiscal conservative campaign run by Brown.
This is surely gonna be a nail-biter; so let's wait and watch this one. Election is coming tuesday.
This seat is crucial for President and Democrats as it is the much coveted 60th seat in the senate to get a filabuster-proof majority which democrats have enjoyed so far. It is critical for healthcare reform as well as for immigration reform (if at all it comes).
The gap between both the candidates was narrow with democrat leading but today, for the first time, polls indicate that Brown has taken lead over Coakley. People in this blue state seem to increasingly support Brown, mainly frustrated because of healthcare policies. Mass residents already have a healthcare related tax to help run state's universal health care. On top of that, federal health overall would be adding more taxes on people and people fear that they will end paying both. Already, mass is a very high tax state. So, there is an increasing popularity to tax-related fiscal conservative campaign run by Brown.
This is surely gonna be a nail-biter; so let's wait and watch this one. Election is coming tuesday.
more...
Mount Soche
05-06 03:32 PM
You will apply when your number is current on the visa bulletin.
your interview will be scheduled in the 2011 fiscal yr which starts in october.
you can adjust the status in the u.s but be careful with this as the backlog can make it a long wait or you can go home or to the country of last foreign residence and get it done the same day.
any extra questions, send me a private note - i am very familiar with this process.
in the meantime, start collecting your documents for the interview as instructed in the package you will have received.
your interview will be scheduled in the 2011 fiscal yr which starts in october.
you can adjust the status in the u.s but be careful with this as the backlog can make it a long wait or you can go home or to the country of last foreign residence and get it done the same day.
any extra questions, send me a private note - i am very familiar with this process.
in the meantime, start collecting your documents for the interview as instructed in the package you will have received.
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Blog Feeds
10-28 01:10 PM
AILA Leadership Has Just Posted the Following:
The United States Citizenship and Immigration Service (USCIS) has recently issued a fact sheet (http://www.aila.org/content/fileviewer.aspx?docid=30372&linkid=210853) reminding qualifying applilcants to apply EARLY for an Advance Parole document, as Advance Parole processing times take about 90 days.
The list of applicants who must obtain an Advance Parole document before traveling outside of the United States is as follows:
� Applicants that have been granted Temporary Protected Status (TPS);
� Applicants with a pending application for adjustment of status to lawful permanent resident (LPR);
� Applicants with a pending application for relief under section 203 of the Nicaraguan Adjustment and Central American Relief Act (NACARA 203);
� Applicants with a pending asylum application; or
� Applicants with a pending application for legalization
If you are an Appllicant with a pending Application for Adjustment of Status to Lawful Permanent Resident (LPR) and need assistance with filing Form I-131 (http://www.uscis.gov/USCIS/New%20Structure/2nd%20Level%20(Left%20Nav%20Parents)/Forms%20-%202nd%20Level/Forms%20Static%20Files/I-131.pdf), contact our office, as we currently have a SPECIAL running for the preparation and filing of the Advance Parole (http://www.h1bvisalawyerblog.com/2009/10/special_ead_and_advance_parole.html) document.
$450 flat fee (no admin fee) for filing both EAD and Advance Parole per applicant
$200 + $50(admin fee) if filing either EAD or Advance Parole separately
Our normal legal fees are $250 + $50(admin fee) per application
**If an RFE is received, an additional legal fee will be required to respond**
More... (http://www.h1bvisalawyerblog.com/2009/10/uscis_issues_a_fact_sheet_to_r_2.html)
The United States Citizenship and Immigration Service (USCIS) has recently issued a fact sheet (http://www.aila.org/content/fileviewer.aspx?docid=30372&linkid=210853) reminding qualifying applilcants to apply EARLY for an Advance Parole document, as Advance Parole processing times take about 90 days.
The list of applicants who must obtain an Advance Parole document before traveling outside of the United States is as follows:
� Applicants that have been granted Temporary Protected Status (TPS);
� Applicants with a pending application for adjustment of status to lawful permanent resident (LPR);
� Applicants with a pending application for relief under section 203 of the Nicaraguan Adjustment and Central American Relief Act (NACARA 203);
� Applicants with a pending asylum application; or
� Applicants with a pending application for legalization
If you are an Appllicant with a pending Application for Adjustment of Status to Lawful Permanent Resident (LPR) and need assistance with filing Form I-131 (http://www.uscis.gov/USCIS/New%20Structure/2nd%20Level%20(Left%20Nav%20Parents)/Forms%20-%202nd%20Level/Forms%20Static%20Files/I-131.pdf), contact our office, as we currently have a SPECIAL running for the preparation and filing of the Advance Parole (http://www.h1bvisalawyerblog.com/2009/10/special_ead_and_advance_parole.html) document.
$450 flat fee (no admin fee) for filing both EAD and Advance Parole per applicant
$200 + $50(admin fee) if filing either EAD or Advance Parole separately
Our normal legal fees are $250 + $50(admin fee) per application
**If an RFE is received, an additional legal fee will be required to respond**
More... (http://www.h1bvisalawyerblog.com/2009/10/uscis_issues_a_fact_sheet_to_r_2.html)
more...
frostrated
10-26 02:16 PM
your wife's application should be tied to your PD. If you got it in EB1, then she too should be in EB1. The pearson memo will help. Get an infopass and clarify the issue.
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Leo07
05-04 02:11 PM
I used the name of the other tracking site, which began to charge people money to "Track"
Apparently, IV has some kind of text-analysis tool that blocks the name of the "Other" site completely:)
Can you explain me...?
Apparently, IV has some kind of text-analysis tool that blocks the name of the "Other" site completely:)
Can you explain me...?
more...
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dixie
03-13 11:44 PM
There are two sides to the issue : strengthening the domestic workforce through education, research investment etc and then there is skilled immigration. The first half no doubt enjoys unanimous support ... however, when it comes to promoting skilled immigration, it is a pretty safe bet that the anti-immigrant lobby is going to play hard ball (already evident from the SF gate article). Overcoming this lobby is the whole challenge ..
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govindraj76
07-29 10:55 PM
GC Status: Filed in EB3, PD OCT 2004. I-485 not filed. I-140 status : Approved
Visa status: My LCA/H1visa end date is March 2011.
Situation:
I am on 7th year extension.H1 extension was approved based on approved I-140. H1 extension is set to expire in March 2011 (7-8 months)
There is a need for me to switch current employer.
1. Can the PD ported thru the next GC process by new employer, even if the I-140 is cancelled from prior employer ??
There is no fraud or any misrepresentation and if prior employer cancels appoved I-140.
Please provide insight in this case as how the USCIS officer takes decision on PD porting is concerned ?
Visa status: My LCA/H1visa end date is March 2011.
Situation:
I am on 7th year extension.H1 extension was approved based on approved I-140. H1 extension is set to expire in March 2011 (7-8 months)
There is a need for me to switch current employer.
1. Can the PD ported thru the next GC process by new employer, even if the I-140 is cancelled from prior employer ??
There is no fraud or any misrepresentation and if prior employer cancels appoved I-140.
Please provide insight in this case as how the USCIS officer takes decision on PD porting is concerned ?
more...
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Aah_GC
11-25 06:37 PM
I think it is not the company but the service provider's gateway address. This usually happens in Iselin, Edison - NJ areas where there is a huge concentration of immigrants. USCIS is probably tracking and blocking the IPs.
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ocpmachine
03-17 09:23 PM
It costs time, stress, sleepless nights, anxiety, restlessness and some hair loss(the list could be long for others) if you get a RFE relating to AC21, these are all bonus in addition to the money you spend for filing MTR.
more...
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Queen Josephine
August 10th, 2005, 09:19 AM
Jason, agree with Kevin. I did take a quick look at your site however and I see you like to do landscapes. You have a good eye for composition. Some of the pics could benefit from some post processing in a graphics program like photoshop or paintshop pro. A few of the landscapes are heavy on the magenta or cyan scale, a few have washed out skies (there are techniques to deal with that). Best to post a pic in a thread for specific feedback or answers to questions you may have.
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kpraveenn
01-24 02:32 PM
Hi Guys,
I need your opinions/suggestion regarding the following:
I am working as a software professional, my job is a permanent full time job.
I got a labor certification and 140 is still in the process. I am willing to own a company and buying 100% of its shares(not a listed company). The company is incorporated in the state of Michigan. It is a small business company. I will not be serving the company's operations in regular hours and will not be actively involved in the day to day business. I will not be given any designation in the company.
I have the following questions if I own this company:
1. will this have any effect on my current or future any stages(140/485) of Green Card If I own this company.
2. After I own the company, Can I transfer the company profit funds from company bank account to my personal account.
3. Is it possible to own a company without any designation given.
4. After i own this company, will it be treated as I have 2 jobs.
Thank you so much for you time and reading this post.
Please let me know if anyone has any opinion(s) in this situation.
by - voice of a fellow immigration applicant
I need your opinions/suggestion regarding the following:
I am working as a software professional, my job is a permanent full time job.
I got a labor certification and 140 is still in the process. I am willing to own a company and buying 100% of its shares(not a listed company). The company is incorporated in the state of Michigan. It is a small business company. I will not be serving the company's operations in regular hours and will not be actively involved in the day to day business. I will not be given any designation in the company.
I have the following questions if I own this company:
1. will this have any effect on my current or future any stages(140/485) of Green Card If I own this company.
2. After I own the company, Can I transfer the company profit funds from company bank account to my personal account.
3. Is it possible to own a company without any designation given.
4. After i own this company, will it be treated as I have 2 jobs.
Thank you so much for you time and reading this post.
Please let me know if anyone has any opinion(s) in this situation.
by - voice of a fellow immigration applicant
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sri1973
07-18 03:26 PM
Hello All,
Brief History: I am working for a Food Processing company (A) in R&D. Company A was my sponsor for GC. I have been on EAD since Oct 2007 (filed 485 during July-Aug 2007 time period) :) . My I-140 was approved Jan 2007. My GC application was started in Apr 2006 - Perm process. Also, i still have my H1B(Extension) valid until Apr 2010. Company A uses a consulting firm for roughly about 25 - 35% of R&D projects.
Reason to change: I believe this opportunity will have a significant change/growth to my career.
Questions: :confused: Can i change my job to the consulting firm using EAD? What are the consequences i should expect from USCIS? Does the Consulting company have to get involved with any Immigration fillings?
If i decide to work for the consulting firm, i will still be doing the same job for Company A but as a consultant + I will have additional projects with other Food Processing companies. I think labor application job description won't change (Company A to Consulting Firm) and this is where i struggle to understand the rules. Need your thoughts and Advice.
Appreciate your help and Thanks for your time.
Brief History: I am working for a Food Processing company (A) in R&D. Company A was my sponsor for GC. I have been on EAD since Oct 2007 (filed 485 during July-Aug 2007 time period) :) . My I-140 was approved Jan 2007. My GC application was started in Apr 2006 - Perm process. Also, i still have my H1B(Extension) valid until Apr 2010. Company A uses a consulting firm for roughly about 25 - 35% of R&D projects.
Reason to change: I believe this opportunity will have a significant change/growth to my career.
Questions: :confused: Can i change my job to the consulting firm using EAD? What are the consequences i should expect from USCIS? Does the Consulting company have to get involved with any Immigration fillings?
If i decide to work for the consulting firm, i will still be doing the same job for Company A but as a consultant + I will have additional projects with other Food Processing companies. I think labor application job description won't change (Company A to Consulting Firm) and this is where i struggle to understand the rules. Need your thoughts and Advice.
Appreciate your help and Thanks for your time.
nshalady
01-28 03:46 PM
If you are impacted by unavailability of visa number, you can get 3 year extension of H1B after I-140 is approved. If your priority date is current, then you have to file for status adjustment, not H1B extension. If your lawyer does not understand the law, better get a "real" lawyer :)
I just got my Labor approved a couple week ago and now i want to file I-140 premium processing. But my lawyer's not allow me to do that coz once my I-140 approve i can't file my 8 th year extension. My 7th years H1B will expire on Aug 30, 2007.
I'm very confused now, on my understanding once i get my I-140 approve, i'm eligible to get my H1B 3 years extension.
FYI: i chose CP opotion, is that make me not eligible to get my H1B extension once my I-140 approve?
Please help and Big thanks
I just got my Labor approved a couple week ago and now i want to file I-140 premium processing. But my lawyer's not allow me to do that coz once my I-140 approve i can't file my 8 th year extension. My 7th years H1B will expire on Aug 30, 2007.
I'm very confused now, on my understanding once i get my I-140 approve, i'm eligible to get my H1B 3 years extension.
FYI: i chose CP opotion, is that make me not eligible to get my H1B extension once my I-140 approve?
Please help and Big thanks
gkp.gaurav
06-29 02:47 PM
thanks idark(-:
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