Saturday, June 18, 2011

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  • veerufs
    08-06 01:36 PM
    Folks, Let us not use this forum for non-immigration matters.





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  • yabadaba
    06-18 11:50 AM
    Hi Guys:

    Had some questions with regards to my actual 485 form.

    situation:

    2000-2003 -F1 (never out of status/ visa stamped in 2000 in bombay)

    2003-2004 - OPT

    2004-2007 - 1st H1 (never got it stamped)

    2007-2010 - 2nd H1 (stamped last month in canada)




    PART 3

    Place of Last Entry Into the United States (City/State)

    What should i put over here? I did not get an arrival stamp when i came back from canada last month after stamping. all the immigration officer did was tear the bottom portion of the h1b approval and staple it to the passport. he said that was my I-94





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  • dontcareanymore
    08-24 11:39 AM
    you have rights to ask the above items. But it can not be done thru uscis.

    You should hire a good lawer and proceed thru court.

    Good luck.

    Ps: If you fail, please come back and ask how to get all the money you paid to the lawer and the court.

    :)





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  • Bpositive
    08-13 12:16 PM
    Have heard of US citizens in India who are having problems getting work visa. And are getting paid in cash! Seems like the number of illegal US citizen aliens in India may be going up over the next ten years....



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  • MatsP
    February 5th, 2008, 05:56 AM
    Hey, I didn't know you've seen my cameras, Mats! ;)
    Actually, I've seen my old EOS 1n, which was a bit beaten up when I bought it used several years ago - and it's no better after I have had it for a while. The 1-series bodies do tolerate quite a bit of abuse and still take good shots. I just wish I had the money to get a 1Dmk2 [or Mk3...].

    --
    Mats





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  • botol123
    10-17 09:08 PM
    The USCIS has returned the my entire package - I-140, I-485, I-131 and I-765 - to my lawyer by mistake.

    The package was received at the Nebraska Service Center on July 2nd received by J Barrett at 10:25 AM. Nebraska follows a policy of transferring a certain number of their cases to the Texas Service Center to help with the work. So mine went to Texas.

    Texas sent it back to my lawyer with a standard form letter telling us that we have to send it to the office that has proper jurisdiction, i.e. the Nebraska Service Center. The letter date shows 10/05/2007. The I-485, I-131, I-765 applications, and I-140 petition have notes with the dates July 2 and July 3 in them.



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  • smartboy75
    08-10 05:19 PM
    Moderators Ban this jackA** for wasting everybodys time....If it is a typo he better correct it...if not BAN him for causing unnecessary confusion and being such a reckless member





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  • Catherine
    06-23 09:40 AM
    Thanks for your thoughts. Unfortunately the marriage was the basis of my green card and I was divorced before being married for two years and, therefore, before applying jointly with my (ex-)husband for the conditions on that card to be removed.

    The link you sent was helpful for people in my situation, however. For the information of others who may be in this situation, this part applies:

    "Divorce Before Green Card Issued

    Conditional permanent residence means that the permanent residence can be terminated if it is determined that the marriage was a sham. The marriage is considered a sham when the spouses marry only for the green card. The marriage is not a sham if the spouses married for any other reason and the marriage took place within two years before the immigrant was given a green card. Before the two-year anniversary of permanent residence being given to the immigrant, both the immigrant and spouse must file a joint petition to remove the conditions.

    However, if the immigrant spouse is divorcing the U.S. citizen spouse, then the relationship may have deteriorated to a point where the U.S. citizen spouse does not agree to file the joint petition to remove the conditions. This is when a divorce involving a green card causes the most problems. The immigrant spouse must then file for a waiver from the joint petition rule.

    If the divorce is finalized before the green card is issued, the immigrant spouse cannot get a green card based on the marriage. This is because the divorce terminated the conditional permanent residence.

    But, the immigrant can also get a waiver of this termination. A waiver of the termination is granted if the marriage was in good faith and the immigrant was not at fault for failing to file the joint petition to remove the condition.
    Applying for a Waiver

    The immigrant spouse must prove grounds for the waiver. The following are grounds for a waiver of termination:

    * Good faith marriage (if the divorce is finalized when you file for the waiver). A good faith marriage can be proved by showing that the couple had a child and that the couple owned property. You will also need to file a copy of the final divorce decree.
    * Extreme hardship to the immigrant spouse if deported.
    * Extreme cruelty and abuse from the U.S. citizen spouse.

    Waivers often require an interview of the immigrant spouse to get approval."



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  • BornConfused
    07-03 09:47 AM
    Ha, congratulations to you, I'm happy for you!!





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  • tiinap
    02-01 08:22 PM
    Right, the Senate is definitely the key. Because after all, right now we have a president who has always supported expanding legal immigration and look how far that has taken us in the last 8 years :).
    Still, the President has important powers:

    (S)he can set the course on this issue, and continue to push for CIR and shape the discussion in a positive direction, or just neglect this topic.
    More importantly, the President has veto powers. If our president will be Romney, I'm afraid he'd veto bills that do anything to expand legal immigration, and just ramble on about the fence. If our president will be Hillary, I'm afraid she might gladly sign a bill that wipes out the H1B program (she has said that she wants to have a temporary worker program for agriculture only) or cuts back on EB immigration even further.


    I think our fates do depend to some extent on who the next President will be. I'm just curious who should I be rooting for and who should I recommend that my U.S. citizen friends vote for, because it's hard to make sense of their message.



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  • vasu009
    07-11 03:34 PM
    Congresswoman Zoe Lofgren (D-CA), chair of the House Immigration Subcommittee, sent Secretary Chertoff a list of questions and a request for documents from USCIS to get to the bottom of the whole Visa Bulletin fiasco. The letter is very interesting not just because it puts a heck of a lot of pressure on DHS right now, but also because Lofgren's folks imply from the questions that USCIS was short circuiting established security clearance procedures to "pre-request" visa numbers from DOS. If it turns out full security clearances were not carried out, USCIS will either need to say that they had the legal justification (which would be a public relations disaster for the agency) or that they intended to complete the checks after the fact (which would be a direct violation of their own regulations). The only way to avoid answering the questions and to make this go away would be to eat crow and start working the case July cases.

    http://blogs.ilw.com/gregsiskind/

    Download letter_to_chertoff_re_visa_bulletin_issues_july_9_ 2007.pdf





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  • vin13
    05-19 09:38 AM
    That is really an irony.. Mexican President have to meet The President to initate CIR. so what bout our incompetent do nothing puppet Indian Prime Minister? Probably he was the first honoured in the White house did he spoke about Immigration, EB-immigration in particular. As an Indian citizen NRI's we have every right to ask him.

    I read a poem by V.Sundaram about our incompetent do nothing PM of India (


    We have a ‘powerless’ Prime Minister
    Who often declares
    I know nothing about Spectrum Scam,
    I do nothing about Spectrum Scam,
    I do not know that I do nothing,
    I do not want to know,
    That I Know Nothing and Do Nothing,
    I do not want to know,
    That I do not want to do what I am not doing.

    Why should I know anything,
    When my supreme ‘Secular’ leader,
    Omnipotent Omnipresent Omniscient,
    Mother Superior Super Star
    Anoints everything,
    Announces everything,
    Applauds everything,
    Approves everything,
    Knows everything,
    Detects everything,
    Directs everything ,
    Does everything.
    For you and me and all
    Is she not EVERYTHING?
    Pleads the Prime Minion Blue Turban :(

    Why should Indian leader plead for your green card? This is a US immigration issue. US has to base its immigration based on its own interests. Don't get me wrong, even i am waiting for my Green Card. But i don't expect Indian Prime minister to work for my Green Card.

    As a Indian Citizen NRI you are talking about having the right to ask the Prime Minister. Tomorrow you are probably willing to take the US citizenship too. You cannot just look at your personal needs and expect Indian PM to help you become an American Citizen. All i am trying to say is don't bring down the Indian PM just for your need to get a GC.



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  • ars01
    06-27 10:52 AM
    If H4 person was always on H4, they never had an A#.

    If H4 person ever got an OPT before and are now on H4 they can use that A# in the I-485 application. (The same applies to H1 person as well) I guess it should not be a problem if you forget to mention if you were ever assigned one in the past, but it won't hurt if you can mention if you can remember it. Everyone on H1 at this time do not have a current A# but may have been assigned one in the past (e.g. OPT).





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  • Kodi
    06-08 08:07 AM
    What is a status quo?



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  • sanju
    01-23 11:41 AM
    I just found out that I have an employment gap of 11 months working without authorization. I applied for an I-485 in 2007 (I-140 approved) and my paralegal told me I didn't need to renew my H-1 nor apply for EA, I was covered by the pending I-485. Today I got a RFE requesting proof of authorization to work since my h-1 expired, and realized I couldn't be working when I hired a real lawyer to take care of this case and she informed me so. How to respond my RFE??? Would they forgive 11 months of working without permit because of bad advice? I have a 9 year history of keeping my papers legal and up to date until this incident. Please help!

    Did you apply for I-765 (EAD card) along with your I-485 application. If you did, that could be the posible reason why the paralegal recommended you for not applying extension of H1. Try to find out if you have a valid EAD card and that should help to reply the RFE. If not, try to check if you have a valid I-131 (advance parole). Just drive to Canada and fly back in, using AP, and say that you were not even here for last many years ;-) How about that?


    .





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  • macml
    01-26 10:45 PM
    Okay thanks for you advice.. Well, before I got married my wife was on an exchange school visa and after school she had an extra year to find work. Not exactly sure the types of visa. But we got married while she was still on one of her visas. Her visa just recently expired, but is there a need to file an I-130 along with the other green card applications? I understand k1's and k2's don't need to.



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  • p_kumar
    07-16 10:08 AM
    If they accept people who didn't listen to govt annoucement and sent their applications and reject those who sincerely listened and obeyed, well all hell will break loose.I will sue USCIS personally(not a class action suit) and even sell my house to pay the lawyer fees.:mad: wait a minute! i dont have a house....


    Thats right.i dont have a house, i dont have a life coz i wa waiting for this damn green card...

    my PD Oct 2003, EB3
    I-140 approved like years ago(Atleast seems to me.)





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  • aniltatikonda
    02-08 04:54 PM
    Thats correct It was my misunderstanding.





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  • alex77
    10-08 02:12 PM
    Thanks. Any response/LUD on your 485 after your letter to confirm they did revoke G28?

    I did the same this one month back. All you have to do is the letter to USCIS telling them that your attorney will not represent your case in future and please mail all the communication directly to my registered home address.

    Send this letter to address mentioned in I-797 Notice of Reciept of I-485 with acknowledgement return address card.

    Look for my previous post related to this and you will find the sample letter as well.





    kawosa
    08-19 12:43 PM
    Just to state some examples: Several of members probably took CFA level II and III exams in June 2008 and the results were out today. These things further increase cohesion among the people as they share more ground than simply being an immigrant.

    good to find a fellow CFA candidate/member here... are you done with the exams?





    smartboy75
    12-04 06:41 PM
    Hi Folks

    As we go through the motions from one visa bulletin to another, I wanted to start a discussion regarding maitaining PR. I have been pondering about this for quiet some days and also reseached a bit and am still unable to get correct information.

    Following are the guidelines for maintaining Permanent residency on the USCIS website:

    Maintaining Permanent Residence
    Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

    You may be found to have abandoned your permanent resident status if you:



    Move to another country intending to live there permanently.
    Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
    Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
    Fail to file income tax returns while living outside of the US for any period.
    Declare yourself a �nonimmigrant� on your tax returns.


    Source: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=fe17e6b0eb13d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1 RCRD

    Although the USCIS website clearly states in points 2 and 3 the residency requirement, I am still not clear what the rules says. For eg: After getting my GC is there any specific number of days I need to stay in the US mandatorily ?? Is it 1 week, 3 months, 6 months ?? What if I visit the US only for a month or two and then remain out ..would that result in revoking of my GC.....???
    The more I think, the more I am convinced that your GC is really precious if you want to be a US citizen.....if not then there is always a risk of loosing it ..even accidentally ?? If yes, then is it worth the trouble and hassel ??

    Can anyone throw more light on what the law says....can anyone guide as to what must be done if you want to maintain ur PR but at the same time not live here continuously ??

    PS: Please no educated guesses ...

    Appreciate your help.



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