Monday, June 20, 2011

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  • lazycis
    12-05 12:42 PM
    Here is a good article on the subject with references to the US law and caselaw:
    http://www.americanlaw.com/maintlpr.html

    "The second requirement in INA �101(a)(27)(A) is that the absence abroad be temporary. According to Gamero v. INS, 367 F.2d 123, 126 (9th Cir., 1966), the term "temporary'' varies in application, depending upon the facts and circumstances of each particular case. According to Matter of Huang, 19 I. & N. Dec. 749, 7 Immig. Rptr. B1-17 (BIA 1988), temporariness is not defined in terms of elapsed time alone; the intention of the alien, when it can be ascertained, will control."





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  • sathyaraj
    11-01 09:53 PM
    I depends on how many of them are in line already. If there are more than 61,000 with PD > 2006 then it will not help much. Also IV focuses on alleviating issues of all skilled immigrants issues not for specific group.





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  • satishku_2000
    08-03 04:43 PM
    I understand everyone is anxious but this is simple language. I am sure you can 'decipher' it


    I am not sure whether you got a chance to read the whole thread. :) In normal circumstances there is no need to decipher...:)





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  • ilikekilo
    09-18 05:42 PM
    any recent EAD approvals? we applied on aug 11 and did FP's on sep 8th, i e filed...mine expires on oct 30th ..please advise..mine is at NSC

    the processing dates show may1....and i am moving to a new emplyer on oct 13th and i dont want my new empllyer to get shocked saying my EAD expires on Oct 30th..any suggestions are apprecaited



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  • sidbee
    06-10 10:43 AM
    Pl. help with your precious advice. I got laid off five months back. I kept hunting new job but could not get one. Now I plan to move out of the country. In the circumstances, is my employer who was holding my H1b during termination, liable to give return tickets to my base country ? Can I claim the same after five monthsof my termination since I failed to get any job? What about my family members?

    Can anyone send any link emphasising this Rule so that I can quote that to my employer?
    Any advice in this respect is highly appreciated. Thanks.

    Man you are illegal in the country, And you want to pressurize your employer to follow the law.

    If i was a employer , and had laid of a employee , I may not have reported the lay off, but if he tried to teach me the law , i would have surely reported it to the USCIS , as a illegal.





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  • thescadaman
    09-10 07:54 AM
    I ordered my IV Texas T-Shirt (regular shipping) on Sunday and this morning I got an email which said that the T-Shirt has been shipped. I think, the T-Shirts should reach by the end of this week.

    See you all in DC!



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  • WeShallOvercome
    07-23 06:03 PM
    Another issue that I think people like me mght face is if we are already in our 7th year H1B. If we want to invoke AC21 without having EAD in hand, we have to apply for H1 transfer. Now if our employer does not gove I-485 RN or I-140 approval notice, how can we apply for H1B extension?

    I think that is their strategy,

    don't give I-485 RN, don't give I-140 Approval notice, Don't let them apply EAD/AP.........Is there any way out of this if we want to invoke Ac21 in this case?





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  • pachai_attai
    08-15 02:55 PM
    I sent back a new I-693 form along with TB testresult (thru USPS). USCIS received the document on 08/14.
    Today (08/15), I got a mail with contents
    "Current Status: Response to request for evidence received, and case
    processing has resumed"
    Do you have any idea, how long it will take to approve the 485 after they receive the RFE documents.
    Do they still continue to approve the cases after Aug 17th?



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  • priderock
    06-30 02:56 PM
    Hey can we sue these law firms who have spread the rumors, I could not sleep all night yesterday. Think about those who have not submitted the paperwork to their lawyer yet ....

    I saw immigration law (Matthew Oh) & Murthy publizing these rumors. Even Shusterman could have done the same he is one of the top immg attorneys but I feel just to make us already suffering souls file before the holiday these firms has run some water down our drain ....


    I feel like repeated my self , but why do you guys blame the messenger ? I would like to know the bad news in advance if possible and be prepared rather than caught by surprise. May be it is just me.

    Again those firms/web sites did not call you and inform you, if you don't want to listen things that are depressing (probably truths) , don't read, Send in your application and wait for your lawyer to give you an update.

    I understand that every one is on their nerves, but lets keep our calm and appreciate their info. We are all educated and can get all kinds of information (good , bad , depressing) and process it.


    May be at the end of the day, nothing bad might happen. May be we get 15 days grace period(For their mixup) for sending our applications. May be they would accept through out July. This is all speculation until official word comes out. Lets all hope for the best.





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  • rkumar18
    11-21 11:45 AM
    Well contextually speaking...immigration benefits are for Cubans living in Cuba and for those who are already living here (BTW 75% of the total Cuban population in the US live in Fla so no surprises on the "vote bank" politics here) they are already US citizens.



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  • Phaedra
    05-30 06:45 PM
    Thanks a lot for the information.
    I am just concerned about the fact that I do not have a job and have been unemployed for more than the 90 day OPT period. I'm not sure what my status is,given such a scenario.
    Thanks!





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  • chanduv23
    07-02 01:07 PM
    My wife name in not mentioned while applying I140 , how does it imact?
    Can i add her while applying I485

    Yes, add your dependents on 485



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  • va_il
    12-27 01:49 PM
    With a EB3 PD of July 2002 from IN what can i expect after this May 1st hurdle being crossed.

    Any insight would be appreciated.
    Clueless i guess.





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  • lostinbeta
    10-04 01:00 AM
    Did you click the paint bucket inside the marquee area.

    If you click outside, it will not fill anything, but if you click inside the selected area, it will fill.



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  • pd2001_12
    09-15 01:24 PM
    Yes I got RFE like 1 month back about employment verification...

    Congratulations! Just curious did you got any RFE as it is a very early PD? I'm Jan 22 2002 EB3-I and am waiting with bated breath.





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  • abhishek101
    05-21 10:32 PM
    Nope the GC came even before I could think about any call.


    lvinaykumar: My PD is March 2003 (from my profile)



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  • ramaonline
    09-27 09:46 PM
    approved i140 only allows h1 extensions for self and h4 extn for spouse. spouse must independently qualify for h1 extension beyond 6 years -pl confirm with an immig attny





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  • lost_in_gc_land
    01-31 01:18 PM
    lostinGCland: My wife (on H4) is in the same boat as you. Do you have AP in hand yet, and did they return your passport to you? If yes on both, then my attorney recommended to send a letter to the consulate instructing them to withdraw your H1B stamping application, then with a copy of that letter in hand, along with the AP, reenter the US on AP. Good luck!

    Thank you for your response to my post about 221g. You mentioend that if I have AP in hand then I can cancel the request for the H1 and return on the AP. In my case I applied for the AP in the us but it was approved and sent to me after I left the US. My lawyer says that it needs to be approved before I leave the US and therefore cannot use it. Do you know if I can use the AP without it being approved while I was in the US?





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  • shukla77
    11-14 09:15 PM
    :)Wow.. That sounds like a plan..:D:D:D.. What about contacting Lalu...

    [QUOTE=kumarc123;195464]Hello all IV members,

    Lastly i feel, we should contact some high profile politicians in India, so they can put a question or make some time of arrangement for Indians who are stuck over here, we all know unites states is interested in nuclear deal, if some type of provision is put in there to help Indians in this country

    QUOTE]





    prdgl
    07-07 09:31 PM
    Hi,

    I will be applying for LC in a few days. So, I want to clarify something.

    My ad says MS + 1 yr of experience.

    Question 1: My 1 yr will be prior to my MS so can i use this experience ?

    Question 2: If so Can I show that experience worked back in my country from my very close freind who runs a small software company ?

    He is willing to give me any kind of experince letter and if USCSI calls ready to answer them.

    But just wondering what will be the consequences of doing this. Obviously I can't show any paystubs or W2 forms for that 1 yr.

    What are the other evidences that I may require for this other than employer verification letters ?Please reply, emergency !

    In which stage in GC will they look sriously (does in conitnue till i-485 stage ?)





    shortchanged
    08-03 10:25 PM
    I understand everyone is anxious but this is simple language. I am sure you can 'decipher' it
    It means you have become an "undocumented or illegal", and you have to learn English and you are qualified for a Z visa :rolleyes: :D
    Forget about your I-140; just focus on I-485. I-140 seems to be a foregone conclusion.
    Enjoy your weekend man...............



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