Blog Feeds
01-27 06:40 AM
Some good news for visa (http://www.h1b.biz/lawyer-attorney-1137085.html)holders that are about to loose their visa sponsored jobs or already lost the visa job. In a decision issued today by the Board of Immigration Appeals (BIA) in Matter of Neto, which empowers immigration judges who are considering deportation of individuals with approved work-related visa petitions and pending permanent residence applications. The issue at stake is whether an immigration judge has the authority to decide whether the approved visa petition - issued for one job - remains valid when the individual changes jobs. Without a valid visa petition, the individual will not be eligible for permanent residence.
In 2000, Congress passed the American Competitiveness in the Twenty-First Century Act, which allowed applicants for permanent residence based on approved visa petitions the flexibility to change jobs. However, in 2005, the BIA decided in Matter of Perez-Vargas that an immigration judge had no authority to decide whether a new job was the same as or similar to the old job, which determines validity of their visa petition. This left these applicants for permanent residence in limbo, stripping them of the ability to benefit from the 2000 law while in removal proceedings because the judges couldn't, and the United States Citizenship and Immigration Service wouldn't, determine the validity of their visa petition.
Today, in Matter of Neto, the BIA overruled its own earlier decision that denied judges this authority and will now allow them to decide whether a new job is acceptable, thus keeping the individual's eligibility for permanent residence intact. In which case, the visa petition remains valid and the immigrant worker can proceed with an application to become a lawful permanent resident - potentially saving them from deportation.
Read the amicus brief filed by the Legal Action Center Download file (http://www.visalawyerblog.com/NETO-AmiciCuriaeBrief.pdf)
More... (http://www.visalawyerblog.com/2010/01/ac21_h1b_visas_immigration_jud.html)
In 2000, Congress passed the American Competitiveness in the Twenty-First Century Act, which allowed applicants for permanent residence based on approved visa petitions the flexibility to change jobs. However, in 2005, the BIA decided in Matter of Perez-Vargas that an immigration judge had no authority to decide whether a new job was the same as or similar to the old job, which determines validity of their visa petition. This left these applicants for permanent residence in limbo, stripping them of the ability to benefit from the 2000 law while in removal proceedings because the judges couldn't, and the United States Citizenship and Immigration Service wouldn't, determine the validity of their visa petition.
Today, in Matter of Neto, the BIA overruled its own earlier decision that denied judges this authority and will now allow them to decide whether a new job is acceptable, thus keeping the individual's eligibility for permanent residence intact. In which case, the visa petition remains valid and the immigrant worker can proceed with an application to become a lawful permanent resident - potentially saving them from deportation.
Read the amicus brief filed by the Legal Action Center Download file (http://www.visalawyerblog.com/NETO-AmiciCuriaeBrief.pdf)
More... (http://www.visalawyerblog.com/2010/01/ac21_h1b_visas_immigration_jud.html)
wallpaper victoria beckham hair color
hari-patti
10-11 09:41 AM
HI Folks
The reason for this post is as usual- too much confusion and no clear answers. i read on oh law firm that if you are not in a non-immigrant status i.e are working on EAD, there should be no gap in your EAD while you are working. Meanin you should stop working if your current EAD expires and your new EAD is pending- otherwise its a violation of law and provisions of 245 do not protect you because technically you are NOT a non-immigrant.
Is that true?????
Now, i recently had to go to India for an emergency, and had to come back on AP- did not have time to get my H1b visa stamped. I asked at the immigration counter if my H1b is invalidated and he told me it is. I spoke to my lawyer and she told me if you resume your H1b employment with the same employer- you are back in status- i kinda did not buy that though.
Can someone please shed light. My concern is that my EAD is expired- new one is pinding. Although i was on h1b when i left for India, but came back using AP. Am i breaking a law by working??
thanks
The reason for this post is as usual- too much confusion and no clear answers. i read on oh law firm that if you are not in a non-immigrant status i.e are working on EAD, there should be no gap in your EAD while you are working. Meanin you should stop working if your current EAD expires and your new EAD is pending- otherwise its a violation of law and provisions of 245 do not protect you because technically you are NOT a non-immigrant.
Is that true?????
Now, i recently had to go to India for an emergency, and had to come back on AP- did not have time to get my H1b visa stamped. I asked at the immigration counter if my H1b is invalidated and he told me it is. I spoke to my lawyer and she told me if you resume your H1b employment with the same employer- you are back in status- i kinda did not buy that though.
Can someone please shed light. My concern is that my EAD is expired- new one is pinding. Although i was on h1b when i left for India, but came back using AP. Am i breaking a law by working??
thanks
itsmesabby
09-17 12:51 PM
Was this your first H1 stamping..
Any questions asked at the counslate..
Which counslate was it ..
Any questions asked at the counslate..
Which counslate was it ..
2011 Versatile Victoria Beckham
immi2006
12-25 02:43 AM
Microsoft OS does not take greater than 2036 for some reason. I am not sure if folks use common sense, it is better for u to follow up to get it corrected, if they used common sense, you will wait AEO or something like next generation dinosaurus age for a GC :-) may be u have a futuristic PD :p
I just noticed that the I-140 my lawyer submitted 3 months ago to Nebraska has a typo in my DOB (21/07/2978 instead of 21/07/1978). Yes its a thousand years out! A copy of my latest I-94 and visa both showing my correct DOB were also submitted with the I-140.
Do any of you guys think I'll have the I-140 rejected, recieve an RFE, or will the Nebraska officer just use common sense and amend it himself? What do you reccomend I do if anything?
I just noticed that the I-140 my lawyer submitted 3 months ago to Nebraska has a typo in my DOB (21/07/2978 instead of 21/07/1978). Yes its a thousand years out! A copy of my latest I-94 and visa both showing my correct DOB were also submitted with the I-140.
Do any of you guys think I'll have the I-140 rejected, recieve an RFE, or will the Nebraska officer just use common sense and amend it himself? What do you reccomend I do if anything?
more...
Dhundhun
01-09 08:12 PM
This link should be removed. I doubt, any member has voting rights.
resident1374
01-26 03:43 PM
I am requesting some expert answers -
Recently had family-based AOS interview with the USCIS (my wife is a naturalized citizen). One question was asked by the officer - "Did I travel outside US after filing the AOS?" and my answer "Yes - to Canada for few days - by car".
I traveled to Canada on my company�s H1B.
The officer explained that once you file you Marriage based GC the only way you can travel is on Advance Parole. Travel on H1B is possible as long as the H1 and the AOS is of the same employer. In my case the AOS was family-based and the travel was on H1B. Such a travel may be considered to be abandonment of the Family based GC process.
The officer was extremely helpful in providing us information and said he needed more time to go through my case and decide on approval/denial of my case after consulting with other officers/supervisors (I130 looks good for approval) but there is a possibility (he said) that I may have to re-file the I-485 but there is a possibility that I may be approved.
He told he is waiting on some papers which is in some other State and that will take some time (not sure what papers was he talking about)
He also said that he will also look into my employer-based GC and see if he can approve that case if possible? Well, I am not sure about that as my priority date is SEP 2004 (EB3). This he said will save me some money of not re-filing and also instead of 2yr conditional GC (marrige is less than 2yrs) I will be able to get 10 yr GC. He took a copy of my I-140 receipt.
Now, I have a full-time offer from a company and not sure what to do? What if I use my Family-based EAD - that will invalidate my employer based pending AOS - correct? And what if my Family-based I485 gets denied due to abandonment while on the EAD - is the EAD still valid or is it valid only after re-filing the I485?
Any suggestions?
Recently had family-based AOS interview with the USCIS (my wife is a naturalized citizen). One question was asked by the officer - "Did I travel outside US after filing the AOS?" and my answer "Yes - to Canada for few days - by car".
I traveled to Canada on my company�s H1B.
The officer explained that once you file you Marriage based GC the only way you can travel is on Advance Parole. Travel on H1B is possible as long as the H1 and the AOS is of the same employer. In my case the AOS was family-based and the travel was on H1B. Such a travel may be considered to be abandonment of the Family based GC process.
The officer was extremely helpful in providing us information and said he needed more time to go through my case and decide on approval/denial of my case after consulting with other officers/supervisors (I130 looks good for approval) but there is a possibility (he said) that I may have to re-file the I-485 but there is a possibility that I may be approved.
He told he is waiting on some papers which is in some other State and that will take some time (not sure what papers was he talking about)
He also said that he will also look into my employer-based GC and see if he can approve that case if possible? Well, I am not sure about that as my priority date is SEP 2004 (EB3). This he said will save me some money of not re-filing and also instead of 2yr conditional GC (marrige is less than 2yrs) I will be able to get 10 yr GC. He took a copy of my I-140 receipt.
Now, I have a full-time offer from a company and not sure what to do? What if I use my Family-based EAD - that will invalidate my employer based pending AOS - correct? And what if my Family-based I485 gets denied due to abandonment while on the EAD - is the EAD still valid or is it valid only after re-filing the I485?
Any suggestions?
more...
EAD
03-30 12:04 PM
When I did it in Delhi at US embassy there was an officer at the embassy counter just before entering into the embassy when you are at the line outside with your papers, he checks your documents. For me he checked my papers and wrote on them " PIMS found". After that i went into the embassy to get into the another line to talk to officer inside.
Though it was 3 years back I am not sure if its done the same way now also.
Though it was 3 years back I am not sure if its done the same way now also.
2010 2010 Victoria Beckham tells
waitingforead
09-03 04:38 PM
Is there premium processing for I-765 which is t get EAD through marriage.
Of course all the papers are being filed together. But I wanted to know specifically about this one.
I thought I saw it somewhere.
Thanks.
Of course all the papers are being filed together. But I wanted to know specifically about this one.
I thought I saw it somewhere.
Thanks.
more...
baldev.thakur
06-25 10:32 AM
so n-400 is the ' path' document .Ok. N400 processing is now some 7 month behind all the places I saw. Any place where that is < 7 months or so ...
thx
Sam
thx
Sam
hair Victoria Beckham Hair
WeShallOvercome
07-31 04:13 PM
Receipt Number: lin0720551216
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Case received and pending.
On July 11, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
i saw this in one of the other forums
It's of no value. Could be any case filed in June with a notice date of 7/11.
could be any other AOS case, not necessarily EB.
Please close this thread
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Case received and pending.
On July 11, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
i saw this in one of the other forums
It's of no value. Could be any case filed in June with a notice date of 7/11.
could be any other AOS case, not necessarily EB.
Please close this thread
more...
desi3933
07-09 11:57 AM
Is the 3yr extension based on an approved 140 transferrable to another employer for the full duration of 3 yrs?
Yes. As long as I-140 is not canceled or revoked.
___________________
Not a legal advice.
Yes. As long as I-140 is not canceled or revoked.
___________________
Not a legal advice.
hot Victoria Beckham
sweet_jungle
03-23 11:03 PM
Any feedback on techpoint solutions, bay area, ca?
more...
house Victoria Beckham | Celebrity
BMS1
11-04 01:15 AM
That was an old news. Around 60000 visa's were pre-allocated to pending applications before July 2nd, 2007. I would be very surprised if the numbers are not much more than 18000 for India EB3. India used to get around 40-45 K visas per year for all EB categories before 2005 since the soft quota was introduced. All these numbers are avilable on USCIS website.
tattoo victoria beckham hair.
Cheran
02-15 11:42 AM
Unless you have some specific reason, you will face tough question if you go to any other country. If it is Mexico or Canada, they are neighbouring countries and you have a point to argue.
more...
pictures victoria beckham haircut
kumar1
08-08 09:45 AM
My check bounced...I did not have enough money in my bank account. What to do? I am so confused.
dresses Victoria Beckham,hair,Garnier
B3NKobe
04-17 02:45 AM
hahahhaaha :lol: -- Nice Job Ya3!!
more...
makeup Victoria Beckham has a
mukuraj
05-23 01:31 PM
I filed I-485 in July 2007 through my employer (EB3 with Priority date - 02/2004) and my wife filed her I-485 adjustment of status at the same time. We don't have our H-1 visas anymore and using EAD & AP for employment and travel.
We want to adopt a child in India as Inter-country adoption (as a Indian resident). For this, my wife have to travel to India and stay with the child for two years from the date of guardianship.
As there is no Green Card in sight for EB-3:
1. If she stays in India for two years, will it affect her I-485 application? If yes, how can we avoid that - like travel back to US once in a while etc.
2. As per US Immigration law, the parent(s) has to stay with the adoptive child for two years. Assuming that my wife stays with the child for 2 years in India, will the child get a visa so that we can bring the child to US? or do we need to file a I-485 for the child? What happens if my GC is approved within that 2 year period? Can we still bring the child to US? On what type of visa/status?
Appreciate any help in this regard.
We want to adopt a child in India as Inter-country adoption (as a Indian resident). For this, my wife have to travel to India and stay with the child for two years from the date of guardianship.
As there is no Green Card in sight for EB-3:
1. If she stays in India for two years, will it affect her I-485 application? If yes, how can we avoid that - like travel back to US once in a while etc.
2. As per US Immigration law, the parent(s) has to stay with the adoptive child for two years. Assuming that my wife stays with the child for 2 years in India, will the child get a visa so that we can bring the child to US? or do we need to file a I-485 for the child? What happens if my GC is approved within that 2 year period? Can we still bring the child to US? On what type of visa/status?
Appreciate any help in this regard.
girlfriend Hair Obsessed: Best Haircut of
sammielee
07-01 01:38 PM
I already had my meeting for permanent residency and it remains pending until I submit to them a more detailed version (the long form) of my birth certificate. They did have my original but it was not the one they wanted and I was unaware of this until the end of my meeting. I have been given a deadline and although I have applied for the certificate that the US immigration wants, it has not yet been delivered. The hold up has not been with me but with the government offices that process the certificates so there has been nothing I could do. The deadline is fast approaching - I'm concerned that they will toss out my whole claim (as was indicated on the notification they gave me) if I don't get it to them on time. Will they allow me and extension on the time? I am not working through a lawyer. Thank you.
hairstyles Victoria Beckham at Saks
gc_peshwa
05-21 02:01 PM
+1 on above post...I have done my bit now its your turn guys...please dont miss this historic opportunity...It might seem to you they ignore you but if thousands of guys call them it will certainly have an impact...
Anders �stberg
April 2nd, 2004, 11:44 PM
So-so pictures... ;) The telephone lines are kind of interesting, I think it may have been better to see the ground as well.
Are you using "Save for web"? That removes the EXIF, use "Save as..." instead.
Are you using "Save for web"? That removes the EXIF, use "Save as..." instead.
gh0st
06-24 03:20 PM
I voted for grinch becuase his second image was amazing!
But this was a tough battle, great job guys
But this was a tough battle, great job guys
Комментариев нет:
Отправить комментарий