Tuesday, June 7, 2011

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  • eb3retro
    04-30 09:23 PM
    One of my friend who applied for an EAD renewal got it approved. But it went back to USCIS as undeliverable by post office. So he calls USCIS and opens an SR, and the rep says that his PR card application has been approved and will be remailed to him. Which means, they initially sent the GC instead of EAD. Can this happen? His PD is not current, he is from india with a PD of 2004.

    Also, after he opened an SR for this, he received a notice from USCIS via postal mail that an SR was created and that they are remailing the PR card and if he does not receive it within 60 days, he needs to call them.

    I told him that they are mistaking PR card for an EAD card and its the EAD card thats coming back to him. Anyone here had such an experience?? And defenitely my friend is just not excited too as he knows USCIS does not even know to put the correct card name in the notice.





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  • aristotle
    02-26 02:03 AM
    If you have GC then you can take out ur 401k in 2 installments (because u have RNOR status for 2 years) and file tax as a resident in USA (because of GC).

    If you don't have GC then please take all ur 401k in one shot in the year you leave. Otherwise you'll pay 10% penalty and then 30% tax to USA because you will be a Non resident as for as US is concerned in the next year.

    As a non resident, if you take out 10K every year, you should be under the Standard deduction and thus owe no tax??





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  • thakurrajiv
    01-29 07:11 PM
    I have done this. No problems at all. For me they did not ask any question at all. I was carrying old and new I797. Hope this hepls.





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  • Polk1848
    06-13 11:16 AM
    IV core shud approach republicans who are saying no amnesty to law breakers.
    Let us approach them and convince them to bring amendments to reward law abiding people like us.


    Americans want immigrants like yourself who follow the rules and contribute to American society; it is our valued tradition. What we don't want is illegals walking all over our laws. The illegals hurt lawfull immigrants. I married an immigrant who followed the rules, she's very bitter over the way this country is pandering to the Hispanic Reconquista crowd. Americans don't want the amnesty, but the government is pushing for it. Legal immigrants and applicants, IMO, should stand up and be heard to fight anmesty as well.



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  • thomachan72
    06-04 08:30 AM
    I am no expert but here are a few suggestions.

    Your visa expiry date will correspond to the duration of stay originally requested in your I-129 and stated in the approved Labor C.
    However, once you enter the US your attorney will file to extend your visa and your visa will be extended for another 3 years duration from Sept 2010 (when the current one expires). After that 3 year expires you will be eligible for another 2 years + months that remains out of the total 6 years possible.

    I dont feel that you have to worry too much. The only problem is you will only have an approval notice after the Sept 2010. Once you leave the US, to reenter you will need to go to any consulate to get the visa stamped.

    Welcome to the "immigration maze". When you walk through you will see people stuck, directionless and hopeless. Try to give them a hand. Rarely you will come across people who are "very optimistic" for no obvious reason. Try to get some optimism from them to keep you energized. Best.





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  • crazy_gc
    07-22 08:03 AM
    application 485 - Part 2 Application type
    8 options given a. to h.
    based on my understanding for an EB application i should check on option a. an immigrant petition giving me an immediately available immigrant visa number has beenapproved. (Attach a copy of the approval notice, or a relative, special immigrant juvenile orspecial immigrant military visa petition filed with this application that will give you animmediately available visa number, if approved.)

    application 131 - Part 2 Application type
    6 options given a. to f.
    based on my understanding for an EB application i should check on option
    d. I am applying for an advance parole document to allow me to return to the United States after temporary foreign travel.

    Pls advise



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  • kangaroo70
    08-17 09:29 PM
    meet_rayhan:

    how long did it take for you to get denial reason from DOL? my lawyer got notice today, but they don't know reason for denial yet.





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  • EndlessWait
    01-22 04:34 PM
    I would like to open this thread for those who are worried about the implications of using AC21 after 180 days. Lots of folks on several thread have either attempted to scare(any desi consultant ;) ) or are just scared!

    I would like to have ppl share there reviews and experiences but I assure you
    that AC21 is the law and your I-140 revocation has no effect to your on going process if you've done as required by the law as follows:

    1. Joined the new job in the same or similar category
    &
    2. Minimum salary as specified per approved labour

    So pls dont worry..be happy..love AC21! :D



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  • Blog Feeds
    04-26 11:30 AM
    As many of our readers know, overstaying a visa can have a serious implications on ones ability to return to the US. The USCIS can record timely departure of a visitor by collecting the I-94 card upon exit.

    An I-94 is a form denoting the Arrival-Departure Record of particular foreigners used by U.S. Customs and Border Protection (CBP). U.S. Citizenship and Immigration Services (USCIS) uses Form I-94 also. Form I-94 must be completed at the time of entry to the United States by foreign citizens that are being admitted into the United States in a non-immigrant visa status.

    But what if you did not turn in I-94 when you left the U.S., what should you do? US Customs provided some useful tips:



    If you returned home with your Form I-94 (white) or Form I-94W (green) Departure Record in your passport, it is possible that your departure was not recorded properly.

    If you departed by a commercial air or sea carrier (airlines or cruise ships), your departure from the U.S. can be independently verified, and it is not necessary to take any further action, although holding on to your outbound (from the U.S.) boarding pass - if you still have it - can help expedite your reentry next time you come back to the United States.

    If you departed by land, private vessel or private plane, you will need to take steps to correct the record. If you do not validate your timely departure from the United States, or, if you cannot reasonably prove you departed within the time frame given to you when you entered, the next time you apply for admission to the U.S., Customs and Border Protection (CBP) may conclude you remained in the U.S. beyond your authorized stay. If this happens, your visa may be subject to cancellation or you may be returned immediately to your foreign point of origin.

    Under the Visa Waiver Program (VWP), visitors who remain beyond their permitted stay in the United States cannot reenter the U.S. in the future without obtaining a visa from a U.S. Consulate. So if you are a Visa Waiver Program visitor who traveled by land to either Canada or Mexico for an onward flight, it is particularly important for you to register your timely departure if your green I-94W was not taken when you exited the U.S. If you fail to do so and you arrive at a U.S. port of entry seeking admission under the Visa Waiver Program without a visa, CBP Officers may order your immediate return to a foreign point of origin. If you are a VWP visitor and you left the U.S. by an air or sea carrier, you don't need to worry.

    If you failed to turn in your I-94 Departure Record, please send it, along with any documentation that proves you left the United States to:

    DHS - CBP SBU

    1084 South Laurel Road

    London, KY 40744

    Do not mail your Form I-94 Departure Record or supporting information to any U.S. Consulate or Embassy, to any other CBP Office in the United States, or to any address other than the one above. Only at this location are we able to make the necessary corrections to CBP records to prevent inconvenience to you in the future. The London, Kentucky office does not answer correspondence, so please do not ask for confirmation that your record has been updated.

    To validate departure, CBP will consider a variety of information, including but not limited to:

    * Original boarding passes you used to depart another country, such as Canada, if you flew home from there;
    * Photocopies of entry or departure stamps in your passport indicating entry to another country after you departed the United States (you should copy all passport pages that are not completely blank, and include the biographical page containing your photograph); and
    * Photocopies of other supporting evidence, such as:

    * Dated pay slips or vouchers from your employer to indicate you worked in another country after you departed the United States,
    * Dated bank records showing transactions to indicate you were in another country after you left the United States,
    * School records showing attendance at a school outside the United States to indicate you were in another country after you left the United States, and
    * Dated credit card receipts, showing your name, but, the credit card number deleted, for purchases made after you left the United States to indicate you were in another country after leaving the United States.

    To assist us in understanding the situation and correct your records quickly, please include an explanation letter in English. Your statement will not be acceptable without supporting evidence such as noted above. You must mail legible copies or original materials where possible. If you send original materials, you should retain a copy. CBP cannot return original materials after processing.

    We strongly urge you to keep a copy of what you send to DHS-CBP and carry it with you the next time you come to the United States in case the CBP Officer has any questions about your eligibility to enter. Carrying those materials with you will also allow your record to be corrected at the time of entry if, for some reason, the London, Kentucky office has not yet done so.

    If taking short trips (30 days or less) to Canada, Mexico, or the Caribbean Islands during the course of your visit to the U.S., hold onto your I-94 or I-94 (W); it should only be turned in when you leave the U.S. to return home.

    Delays beyond the traveler's control, such as cancelled or delayed flights, medical emergencies requiring a doctor's care, etc. are not considered unauthorized overstays, however, you will need to bring proof of the cause of your overstay next time you travel to the U.S. in order for it to be forgiven. For airline delays, ask the airline for a letter affirming the delay or a copy of your cancelled boarding pass.

    So make sure to remember to turn in your I-94's, that will eliminate any problems the next time you return to the US.





    More... (http://www.visalawyerblog.com/2010/04/how_to_record_and_report_depar.html)





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  • alterego
    11-02 03:42 PM
    Dear President Elect _______

    Congratulations sir, on your election to the Presidency of the United States of America. It has truly been inspirational for me to follow your campaign.

    As a legal immigrant to this country, my one regret this season is that after nearly 10 yrs in this country, I was unable to participate in this process by actually voting. In fact, I am yet to be the beneficiary of a green card. I am caught up in the quagmire that is our legal immigration system. Yet, I understand fully that this does not represent the spirit of America, so I keep hoping.

    I have been waiting patiently for many years and following all the rules set forth. Though there are many pressing issues to be dealt with, I hope that you would make the issue of addressing legal immigration reform and transparency, one of your administration's early priorities. As you are aware this issue is also critically linked to economic competitiveness and global economic leadership. I feel certain that your bi-partisan leadership can accomplish sensible reform quickly.

    Respectfully,



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  • md2003
    04-02 09:35 AM
    I see each Attroney has different opinion on PD retaing when previous employer cancel the i140.

    Rajiv Khanna -- He always thinks we can carry PD.
    Murthy -- Every week she gives different answers
    Mathew oh --- He gave different answers
    Susan --- She thinks We can carry PD. But i heard only one conference call.


    Not sure which one is correct.





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  • moclutch
    03-04 04:30 PM
    I received my card production ordered email today. All thanks God for making all this possible. I came to the US in Jan 1995 on F1 to begin my undergrad, switched to H1 in 1998, had a GC PD of 2002, and now 14 years and a countless visa's later, I was greened today.

    I would not have made it through this journey without the expert advice on this forum to all the questions I asked - and just seeing everyone's contributions whether +ve or -ve to remind me that I am not in this thing alone.

    For those that are still on the journey - just hang in there and your time surely will come!



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  • Blog Feeds
    07-13 12:48 PM
    I am writing the second of a multi-part series of posts on how to bring family relatives to the United States permanently. The first post I wrote provided general information on bringing family relatives to the United States. (See my post, "Can I petition for my relative to immigrate to the United States?" (http://www.californiaimmigrationlawyerblog.com/2009/05/can_i_petition_for_my_relative.html)) This post will focus on how to petition for your brother or sister to come to the United States permanently.

    In order to petition for your brother or sister you must file Form I-130, Petition for Alien Relative (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c67c7f9ded54d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD) with United States and Citizenship Services ("USCIS") along with proof that you are a United States Citizen and that you are related to your brother or sister. I will discuss the steps you must take in more detail below.

    Obtain Form I-130 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c67c7f9ded54d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD)

    You may obtain Form I-130 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c67c7f9ded54d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD), by clicking on the link in this post. At the same time that you obtain the form, you should also print out the instructions to the form. They are more detailed than the instructions I will provide in this post and provide the mailing address to where you will need to send the form.

    Proof of U.S. Citizenship

    You may prove that you are a U.S. citizen by sending one of the following documents to USCIS with your petition:


    A copy of your birth certificate (if you were born in the United States) issued by a civil registrar, vital statistics office, or other civil authority.


    A copy of your naturalization certificate or certificate of citizenship issued by USCIS or the former INS.


    A copy of your Form FS-240, Report of Birth Abroad of a Citizen of the United States, issued by a U.S. embassy or consulate.


    A copy of your unexpired U.S. passport. OR


    An original letter from a U.S. consular officer verifying that you are a U.S. citizen with a valid passport.





    More... (http://www.californiaimmigrationlawyerblog.com/2009/07/how_do_i_bring_my_brother_or_s.html)





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  • jayleno
    10-03 01:27 PM
    Guys...have a nice weekend. Can you tell that I'm trying not to say "Bump"???:)



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  • nish
    10-07 11:41 AM
    Troll Alert.

    This is a Fake post. read word by word you will understand.

    Read all the posts by user nish. he/she is an anti immigrant.



    In one of the previous posts the same user tries to taint l1b visa holders.

    How could you say that I am anti immigrant? Here I have post this query to get suggestion from people and am not doing any anti immigrant things over here.

    I did post one of the query for L1 few month back..it does not mean i am anti immigrant

    how did you say about this?





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  • bertasek
    11-18 08:32 PM
    Swift 3D v2



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  • s_r_e_e
    09-28 10:54 AM
    Even if he sue, all you may need to pay is the expenses (lets say, at the worst 10K ) according to ur contract.

    if u find a new job with 10k hike, you can pay off this from first years salary ... remaining 3-4 year's(until ur GC) 10K is for you to keep :)



    After 180 days (AC21), I want to change my employer. In the above scenario, can my present Employer sue me if I leave him? Please suggest�

    Thanks in advance,
    Ashok...





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  • indyyy
    07-18 09:40 AM
    My labor is also pending with the Dallas BEC. My priority date is Nov 2001, non-RIR. The online system still shows that my case is in process.
    Sick and tired of waiting ...





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  • NKR
    09-07 08:52 PM
    Transferring cases saying that it is to speed up processing which essentially delays processing maing us wonder if it is a time buying tactic to cover inefficiecy.

    An application filed in August if not transferred to NSC would have had ND and RD as August, but now it has Oct. Rubbing salt on the wound NSC is processing 2006 and 2007 cases and not picking 2004 cases.





    thomachan72
    06-07 07:40 PM
    cant see the daily update thread. dont know what happened





    nfinity
    06-11 06:09 PM
    Another one clicked the link thinking it was out!

    LOL:D



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