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  • ajju
    09-06 07:13 PM
    If its few months of outside work.. should be fine... But you can't and should not just leave and work outside until you get GC.. May work, but chances are rare.. So risk is up to you to take and decide...




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  • rollercoaster
    04-03 11:08 PM
    Thank you sunny1000. God bless you.




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  • susie
    09-27 11:23 PM
    Hi all,

    I'm wondering if there are any successful cases where CSPA and the Patriot Act were combined to ensure that the child remains under 21? My son's name has been deleted from the derivative beneficiary's list, however, he can remain eligible under this F-4 petition if the Consular calculate his age with Patriot Act 45 days. In that case, he can benefit from CSPA. Our case details as below:

    Priority Date: Oct. 16, 1996
    Approval Date: Dec. 4, 1996
    Days of Petition Pending: 49 days
    Child's 21st Birthday: May 31, 2007
    Child's age when visa became current: 21 years 62 days

    Need your advices. Thanks!

    In Adlac 2

    It say if both the CSPA and Patriot apply then the better benefit should be accorded to the alien

    If patriot act does apply add 45 days onto his birthday, but the visa number did not become concurrent till 62 days past birthday.

    How did you get on with the attorney?




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  • americandesi
    08-29 01:49 PM
    There is nothing called "H1b transfer" basically every company applies new H1b but it is within quota and you can have multiple companies holding your h1b visa but you can work only for one company on full time rest part time and there is no need cancel H1b, just go and join the company you want to join. Hope this helps


    To work part time, the labor petition for the part time employer should reflect PART TIME hours. You can't have FULL TIME hours on labor and work PART TIME.



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  • trueguy
    03-23 06:45 PM
    Port of entry doesn't matter. You can leave from JFK and come back through California. It totally depends on your airlines and the route you choose. I have done it many times.

    Not sure about 2months left on your visa thing. I don't have any comment on that.




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  • agadre
    04-18 11:44 PM
    With EAD, or AP for travel, it is important to apply renewal of documents exactly 120 days prior to current document�s expiration date. If you file the renewal application earlier than 120 days prior to expiration, the USCIS may deny the application. In your case, if AP expires July, then return before the date to avoid issues. Plus, if EAD is current, then there should be no problem with entering U.S again. I am out of work and not risking it with out of country travel. Check with lawyer. That is important. Two years back, I returned with AP and faced questions at the airport. Check with lawyer before leaving. Why we do these hoop is known only to the almighty. Better to love someone here and settle with life. I am exhausted with all such documents. I have delayed marriage for GC.

    What questions did you face at the airport? Was your AP valid when you returned or had expired. Was your EAD valid when you returned? I am thinking of traveling with my family in next few months and my docs are all valid till end of this year. Would that pose any problems?



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  • martinvisalaw
    03-23 09:12 AM
    Hi Elaine, I have a similar issue. I work for a consulting company, the company headquarter is town A (the same with LCA location) and I have been working for client in town B since several years ago. I have asked my employer whether I need to get an H1B amendment, my employer said since town A and B belong to the same metropolitan statistics area and are within commutable distance (9 miles), there's no need to do amendment. Should I be worried with the new memo coming out?

    You should be OK if the two locations are within the same MSA.




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  • hourglass
    03-02 01:22 PM
    looks like there at least 3 ;)

    i think only four ..Comeon SoCal Folks join in..

    rkotamurthy, franklin, 485Mbe4001 and hourglass.



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  • sunny1000
    04-09 03:19 PM
    Hi,
    My H1B expired on sept 2009. My employer applied for my visa extension I received my approved 797 copy, but I 94 number on my 797 and passport are not matching. To explain further, when I first entered in US in March 2007 I got I 94 (ex: 123), when I last time entered in US in April 2008 I got I94 (ex: 456) which is my latest I94 number displayed on my passport. My latest H1B extension valid till sept 2012 is showing I 94 number issued to me when I entered in 2007 (123) instead of my latest I 94 number(456) attached to my passport.
    Will this be a problem? I have to sponsor my in-laws visa so please guide me how this can be handled. Any help appreciated. Thank you very much in advance.

    USCIS goes by what is called "last action rule". The last action was the extension issued after you came into the country, even though it has the 123 number on the I-94. So, you should be ok.




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  • asanghi
    12-16 10:09 PM
    Dont we need to go to the home country for transfering from H4 to F1? Can we do it by staying in the US itself?

    Thanks

    You need to go your home country, if you want to get the visa stamped. Here you can apply for change of status to F1. In fact as you are member of Immigrationvoice, so most likely you have applied for green card. In such case you should not go home country to apply for F1. It could be problematic. The consular officer might even reject your F1 .



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  • gc_check
    11-26 05:24 PM
    Folks,

    Got a question on surrendering I-94 when leaving USA. Do we just need to surrender the one issued in POE when coming to USA, or we need to surrender the I-94 that came with I-797 approval notice as well. I'm getting different opinion from different folks, Some say surrender only the White one issued in POE, few say surrender the one attached to I-797 approval notice as well. One friend of my mine, was asked to show the part attached to I-797 when he went for visa stamping and luckily he surrendered only the white one issued in POE and he did not surrender the one attached to I-797, so he had it with him.

    Folks, please share your experience on this.

    Sorry for the new thread, if this had been discussed on other threads as well.

    Thanks,




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  • StarSun
    04-22 09:35 AM
    1 . Where is the donor forum? I could not find it
    Donor Forum is visible only to the donors in the forum page.
    2. I am a donor (two times). But I do not have access to it.
    Donor forum access is provided to verified current donors only. Past donors cannot subscribe to this forum - it does not work like yearly/lifetime membership. To have continuous access to the donor forum, you will have to be a recurring donor.
    However, if you have donated recently and cannot access donor forum, please contact me and I will be glad to help. Thanks.



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  • India76
    03-01 10:28 PM
    Thanks rajesh_kamisetty for your prompt reply. It helps.




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  • justAnotherFile
    01-31 07:21 PM
    ...



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  • senthil1
    05-25 10:54 AM
    Green card is not needed to enter India.It is mandatory to enter USA. But if she needs to take transit outside airport in some countries she needs gc.

    Hi.

    I have an urgent need. My wife is a green card holder and we just finished visiting my family here in the US before we travel overseas tomorrow to visit my wife's family. The problem is my wife left her purse (along with her green card) at my family's house but my family is now out of town themselves for a few weeks and we can't get into the house to get her purse and green card. Luckily she left her passport at our hotel so we still have that.

    My question is---can we still leave the US tomorrow without my wife's green card? Does she need to show her green card to leave US? Her country of origin passport is still valid but her immigrant visa is expired.

    I can ask my family to fedex us the green card overseas once they return so we can reeneter the US when our trip is finished.

    Thanks!!




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  • sukisharma
    08-27 08:03 PM
    Dear Friends,

    Does anybody has information on the current lag between check cashing and getting receipt in the mail?

    My check for 485 was cashed on August 20 (process by my bank) and the online case status says receipt was mailed out. But my lawyer has not received it as of today.

    Thanks in advance for your reply.



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  • pavish
    09-06 09:18 PM
    I dont think it is allowed. One would think that working outside the US while you are waiting for "Adjustment of Status" would be considered abandonment of your I 485




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  • Blog Feeds
    06-24 01:20 PM
    H1B Visa Lawyer Blog Has Just Posted the Following:
    The United States Citizenship and Immigration Service (USCIS) has extended the time period for information collection (http://www.aila.org/content/fileviewer.aspx?docid=31614&linkid=220246) for Form I-102, Application for Replacement/Initial Nonimmigrant Arrival-Departure Document until July 23, 2010.

    During this period, USCIS will be evaluating whether to revise Form I-102 (http://www.uscis.gov/files/form/i-102.pdf).

    The purpose of the form: for a nonimmigrant to apply for a new or replacement Form I-94 or I-95 Nonimmigrant Arrival-Departure Document.

    Members of the public are encouraged to submit comments and/or suggestions to USCIS, especially comments regarding the estimated public burden and associated response time.

    Written comments and suggestions from the public and affected agencies should address one or more of the following four points:
    (1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
    (2) Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
    (3) Enhance the quality, utility, and clarity of the information to be collected; and
    (4) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

    Comments may be submitted to:
    Department of Homeland Security (DHS), USCIS,
    Chief, Regulatory Products Division, Clearance Office,
    111 Massachusetts Avenue, NW
    Washington, DC 20529-2210

    Comments may also be submitted to DHS via facsimile to 202-272-8352 or via e-mail at rfs.regs@dhs.gov.

    **When submitting comments by e-mail, please make sure to add OMB Control No. 1615�0079 in the subject box.





    More... (http://www.h1bvisalawyerblog.com/2010/06/uscis_issues_extended_informat_1.html)




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  • shan74
    06-07 08:26 AM
    this is related to family sponsored by citizens and green card holders.




    tnite
    10-04 04:28 PM
    Hi Tnite,

    Thank you for your reply.
    ...but only in Adjustment of status, what does it meaning?
    what it means is that once she uses her EAD , she is in AOS.Then she can work for her own company .




    dummgelauft
    11-01 03:59 PM
    It is a good sign, you are still in the system!!
    (1) It is most likely 2nd F/P notice or an RFE. It could mean that your case is being pre-adjudicated.



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