Saturday, June 18, 2011

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  • mhtanim
    02-26 10:27 AM
    Hi one question,,,if I go home to my country to study using H4 while my GC is pending,then suddenly the GC was sent to my sister here in US,can my sister just mail my GC to me in my country so that if i go back here in the US,i can present my GC to the US immigration???uh!im confussed!thanks!

    Congratulations on your GC. Yes, tell your sister to send you the GC by mail. Once you get it, you can get back into the U.S. using your GC. I know few people who have done this. Good luck.




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  • jeny
    08-06 03:41 AM
    Jeny: I believe you are referring to an interview for Consular Processing; not Adjustment of Status, correct?

    Thanks,
    Jayant
    Yes Jayant it is Consular Process. Today i send a mail to them, hope they will replay.
    Thanks




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  • purplehazea
    06-11 01:00 PM
    This is a weak president making rhetorics which never pan out. He knows his time has come to step out and this is only an attempt to use his left over strength. Honestly the president no longer enjoys support of his own party members and this is only rhetoric. There is just not enough time to move this through senate, house and then agree on it all.




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  • WAIT_FOR_EVER_GC
    06-08 03:18 PM
    As far as I know he was allowed to board the flight. No issues there but there can be issues when he re-enters US. Since he was on B1 (10 year Multiple) he can stay max 6 months in US so he has I 94 till Apr 09 but if he say come in Oct 09 to US again the system might not have checked him off so it might display that he is still in US and he overstayed his Visa and so CBP will call him in for secondary inspection. As far as I know it can be resolved by showing flight ticket stub and arrival stamp in destination country etc. Its more if hassle than anything.

    Nothing will happen. They will not have the I-94 record at port of entry. I and many of my friends did not give our I-94's while going to india. I threw away the old ones and came in with my new one.
    Nobody will ask you, u don't have to take the pain of going and informing the Port of entry.



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  • pappu
    07-16 02:35 PM
    This is just a recycle of WSJ article that came out today. Nothing new. IV posted this last Friday already and we were the first. Please use your judgment and not use such comments as inside information.




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  • lazycis
    12-25 09:12 PM
    Hello lazycis,

    I have a quick question. Many of our PD were current in July 2007. If our names are stuck in FBI name check for 2 yrs, can we file for WoM? Please advise. Many of us are under the impression that the our PD dates have to be current at the time of WoM and our namecheck should be stuck at FBI atleast for 1 year during which the PD date is current. In other words, the PD date should be current over a period of 12 months at the time of filing WoM.

    Q 2. Is there any limit countrywise, for issuing GC?

    Thanks in advance.

    If you are stuck in name check over a year and PD was current, you can file WOM. Add the Secretary of State (Rice) as a defendant. Check this order where the court ordered the government to issue visa numbers (!) to long-delayed AOS applicants.
    http://immigrationportal.com/showpost.php?p=1838094&postcount=14850

    Q2. Yes, see 8 USC 1151, 8 USC 1153. Check this thread for details.
    http://immigrationvoice.org/forum/showthread.php?t=16266



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  • techbuyer77
    07-20 07:13 AM
    lawyer sent 3 tax returns no paystubs




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  • mhtanim
    02-26 03:18 PM
    Please recheck your info before dispensing advice. Adjustment of Status application is based on premise that you are already present in USA. At the time approval, you should be present in USA. Thus the need for AP. If your Green card AOS application has been approved while you are out of country. You NEED AP to enter.

    You have raised an interesting point that I have not thought about before. My advice was based on few people who actually did came back to the U.S. using GC while they were abroad.

    You have to be in the U.S. while you are filing I-485. However, I will be willing to see where you got "At the time approval, you should be present in USA".

    There are lot of people who have valid H1/H4 stamp and did not bother to apply for AP because of that. If what you are saying is the fact, then all those people are taking risks when they are leaving the U.S. without AP.

    http://www.murthy.com/chatlogs/ch021808_P.html

    Chat User : How can one return to the USA if his I-485 is approved while abroad?

    Attorney Murthy : Per the March 2000 and the May 2000 Legacy INS Memos, one could presumably use the AP to reenter, if one has the AP approved before departing the U.S. If not, that could add more complications. The CBP inspectors could refuse entry, technically, but they are allowed to parole an individual into the U.S. If one has an H-1/H-4 or L-1/L-2, s/he could use those documents to get on the plane, and then explain the I-485 approval at the POE.

    http://www.murthy.com/chatlogs/ch120307_P.html

    Chat User : Thanks for your great service, I am in India with AP right now and my GC has been approved now. Is there any problem with reentering using AP?

    Attorney Murthy : Generally, the CBP Inspector is allowed to use the AP for the person to be able to enter the U.S. and then the individual should get the I-551 card (GC) in the mail. In fact, if one has a family member or friend checking the mail, it could be possible to have the GC sent abroad, so that it can be used to reenter the U.S. In either event, it should not pose a problem, as long as the AP has not yet expired per the Legacy INS policy guidance on this issue.

    I guess the second scenario is for someone who does not have a valid H1/H4 stamp in the passport. In both scenarios, it was not mentioned what happens if someone mails you the GC.

    Anybody has more experience in this please comment.



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  • BornToWin
    02-23 07:03 PM
    How please?




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  • puskeygadha
    05-22 11:42 AM
    After labor is approved do we need hardcopy of labor to file
    I140 and 1485..OR ELECTRONIC RECEIT WILL DO


    tHANKS



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  • chanduv23
    06-28 03:45 PM
    Merge this into the rumor thread please




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  • seahawks
    06-26 02:39 PM
    While filing for my wife's G-325A form, her last name was filled in first name and first name as last name. We got our FP notice yesterday and thats when I went back and reviewed all the forms I filed. I was wondering if any of you know what can be done so that an honest mistake can be corrected?

    Any input appreciated. I understand it is for information purpose only and not many of us are attorneys, so no disclosure required :)



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  • fasterthanlight�
    06-06 02:55 PM
    Hahah ya i know, it was pretty much sarcasm.




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  • Bpositive
    01-02 01:59 AM
    Happy New Year!

    My new year begins with another immigration issue..need some urgent advice.

    My wife went to the US Consulate in Chennai today for her first time H-1 stamping. She completed her Phd in Biology from the US and has been working for almost a year for a US biotech company. The consular officer has asked her to submit additional information -221(g); mostly about her job and the company. I can't understand it! Most of the information asked has already been submitted to the INS in reponse to a H-1 RFE.

    My wife has an Advance Parole document and EAD based on my I-485 application.

    Can you suggest options for her?

    1. can she forget about the H-1, not respond to the 221(g) and travel back on advance parole and start working on EAD?

    2. If after submission of 221(g) her visa gets rejected, can she still use the Advance Parole to travel to US and work on her EAD?

    3. Any other options/advice?



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  • ItIsNotFunny
    12-03 05:40 PM
    Bump ^^^^

    Keep pledging. We need to make this happen.




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  • sertasheep
    07-08 07:43 PM
    I have gotten in touch with Mr. Oh. and he has made corrections. Please see the following link. Request members to provide due credit and respect to other organizations and firms. We must work collaboratively.

    Thank you, Mr. Oh.


    See http://www.immigration-law.com/Canada.html



    ohlaw immigration-law.com" to sertasheep
    show details 8:04 pm (4 minutes ago)

    Corrected. Thank you.

    Original Message:
    -----------------
    From: sertasheep immigrationvoice.org
    Date: Sun, 8 Jul 2007 16:47:28 -0400
    To: matthewoh.attorney gmail.com, ohlaw immigration-law.com
    Subject: Correction required to news item on your home page

    - Show quoted text -


    Dear Mr. Oh,

    Thank you for your efforts to the immigration community, that makes your
    website a good source of information. I was writing to highlight some
    corrections required in a news item on your home page related to a Flower
    Campaign by several highly-skilled, LEGAL professionals. The reference to
    "East Indian" is not right, as there are several professionals from various
    ethnic backgrounds that are participating in this effort. Can I request you
    to change the reference from "Indian" or "East Indian" to *"Highly-skilled
    Legal Immigrants"?*

    Thank you,
    Regards



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  • belmontboy
    01-20 01:27 PM
    1. Ravi Venkatesh
    2. Rani Swami
    3. Hema Prabhu
    4. Dayal Sharma
    5. Chin Chu
    6. Dang Wang

    These are some of the people I am proud of who are EB-3. Are you proud of them too ?

    Adding to the elite list:
    7. Ding Dong
    8. Ping Ping
    9. Sing Sing
    10. <unknown firstname> EB3GCWalla




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  • milind70
    07-17 04:11 PM
    So do I actually have to be in the US to mail in the AOS forms (I-485s)? I've been a legal US resident for years on an H1-B, and have been fortunate to have never had out-of-status issues or anything like that. BUT, as it happens, I'm up in Canada on vacation at the moment, planning to return next week. I've never had to get a visa stamp or surrender I-94 or any of that stuf.

    Do I need to actually be back in the US before lawyer sends in AOS forms ? Or is it sufficient that I'm a resident and will be back in the US once the AOS is processed.

    - GS
    I think you need to be in US when the application reaches the USCIS office.
    Right now you can send the application to your lawyers office and ask him to check the application.Mail it to the USCIS when u r back in the country.
    Once you travel outside the US you dont have any status,u need to be in country to adjust your status from non immgrant to immgrant.




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  • eager_immi
    07-17 03:10 PM
    Immigration Voice Announcements

    UPDATE AT 3:15 PM EST TUESDAY: The latest update we received is the annoucement to be made soon will be as follows:

    DHS will be rescinding its July 2 update and the initial July Visa Bulletin will take effect for 31 days � i.e., all employment-based green card categories (except for the �Other Workers� category) will be �current� and CIS will accept applications through August 17.

    DHS will issue a press release to this effect later today.

    ---------------------------------------------------------------------------------------------------------




    s_r_e_e
    08-13 02:40 PM
    who is vld rao?




    voldemar
    03-20 11:15 AM
    Not sure how withdrawing an approved I140 is good for the employee??

    The general feeling is that I140 withdrawal is not necessary for the employer (but H1b is). But employers used to do this for labor substitution - now there is no such incentive. But still some lawyers suggest employers to do this - in my old company which is a large well known software company (with 10k+ employees worldwide) the HR group follows immigration attorneys almost blindly. All immigration issues are handled by a big law firm - many of regular immigration matters are done by paralegals who does not know much (I am not exaggerating when I say I know more than them) - but our HR has a policy that they would follow what those attorney/paralegal is saying. It seems the law firm is suggesting them to withdraw all applications including approved i140 - obviously the law firm would charge them for this so that is their interest.
    And law firm is right, they protect their clients. Search this forum for I-140 revocation by USCIS. I-140 was approved and then revoked by USCIS itself. In that case AC21 does not help, 485 will be denied.



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