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08-26 07:20 AM
Immigration Visa Attorney Blog Has Just Posted the Following:
Elin Nordegren broke her silence (http://sports.yahoo.com/golf/blog/devil_ball_golf/post/Elin-Nordegren-on-Tiger-Woods-I-ve-been-throug?urn=golf-265021)today and gave her side of the story today telling the world how shocked and embarrassed she was by Tiger's infidelity. She also defended the marriage, saying that the marriage was real, not orchestrated for the cameras and sponsors.
In our practice at Fong & Chun, LLP, we have seen many marriages, like Elin and Tiger's which were entered into for love, completely genuine marriages and yet within years (sometimes a lot sooner), the marriage goes awry. For those immigrants whose conditional greencards were based on marriages to US citizens, these men and women find themselves in a situation like Elin, telling their stories to the USCIS, actually defending themselves from deportation, that even though their marriage didn't survive the test of time, it was not a marriage of convenience for immigration purposes.
If a marriage fails anytime before someone naturalizes, a person who immigrated through marriage will later be summoned by the USCIS for an intense and very uncomfortable interview in order to maintain their permanent residency - even at the time of applying for citizenship. Such interviews can even occur years after the marriage and divorce, so recounting the facts of a relationship and providing the documentation to verify the facts of the courtship, the wedding or civil ceremony, then detailing the timeline of marriage, separation and divorce is more than just burdensome, it's sometimes impossible. Attorneys at Fong & Chun have defended clients in such interviews, which can take several hours! Not to mention the legal briefing and the administrative review that can take months to years in the most complicated cases.
We have counseled couples and immigrants who face this difficult situation, sometimes their marriages have ended because they had to escape physical or emotional abuse, other times, the marriage failed because of infidelity or even financial distress. If you need help telling your side of the story to USCIS, call the attorneys at Fong & Chun, LLP for a free consultation. Maybe we can help. --ecf
More... (http://www.immigrationvisaattorneyblog.com/2010/08/elin-nordegren-her-side-of-the.html)
Elin Nordegren broke her silence (http://sports.yahoo.com/golf/blog/devil_ball_golf/post/Elin-Nordegren-on-Tiger-Woods-I-ve-been-throug?urn=golf-265021)today and gave her side of the story today telling the world how shocked and embarrassed she was by Tiger's infidelity. She also defended the marriage, saying that the marriage was real, not orchestrated for the cameras and sponsors.
In our practice at Fong & Chun, LLP, we have seen many marriages, like Elin and Tiger's which were entered into for love, completely genuine marriages and yet within years (sometimes a lot sooner), the marriage goes awry. For those immigrants whose conditional greencards were based on marriages to US citizens, these men and women find themselves in a situation like Elin, telling their stories to the USCIS, actually defending themselves from deportation, that even though their marriage didn't survive the test of time, it was not a marriage of convenience for immigration purposes.
If a marriage fails anytime before someone naturalizes, a person who immigrated through marriage will later be summoned by the USCIS for an intense and very uncomfortable interview in order to maintain their permanent residency - even at the time of applying for citizenship. Such interviews can even occur years after the marriage and divorce, so recounting the facts of a relationship and providing the documentation to verify the facts of the courtship, the wedding or civil ceremony, then detailing the timeline of marriage, separation and divorce is more than just burdensome, it's sometimes impossible. Attorneys at Fong & Chun have defended clients in such interviews, which can take several hours! Not to mention the legal briefing and the administrative review that can take months to years in the most complicated cases.
We have counseled couples and immigrants who face this difficult situation, sometimes their marriages have ended because they had to escape physical or emotional abuse, other times, the marriage failed because of infidelity or even financial distress. If you need help telling your side of the story to USCIS, call the attorneys at Fong & Chun, LLP for a free consultation. Maybe we can help. --ecf
More... (http://www.immigrationvisaattorneyblog.com/2010/08/elin-nordegren-her-side-of-the.html)
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ksircar
06-24 09:58 PM
If I-140 is approved and priority date is current is it possible to keep on extending H1B for couple of years without applying for I-485? I am asking this quetion because my employer is not allowing me to apply for I-485 as my I-140 is pending. It looks like he want to use me for couple of years on H1b.
Better do not trust your employer, it may turn out to be an infinite loop. Try to convince your employer by all means to file for I485. You never know what your employer really means by "couple of years".
Better do not trust your employer, it may turn out to be an infinite loop. Try to convince your employer by all means to file for I485. You never know what your employer really means by "couple of years".
jonty_11
06-15 01:17 PM
This from Immigration-law.com
06/15/2007: July EB-2 and EB-3 Visa Numbers Open and Consular Processing
The State Department states that they allocated a large number of EB-2 and EB-3 visas because of the USCIS I-140 and I-485 backlogs and because if the visa numbers are not used before the end of the fiscal years, some of them can be wasted. Assuming that the USCIS may continue their current processing times and backlogs in I-140 and I-485, the EB-2 and EB-3 may continue to remain current. However, it is just a speculation and risky to rely on such speculation when one handles his/her immigrant status.
In time like this, the consular immigrant visa application is very risky for the two reasons. For instance, if the EB-2 or EB-3 numbers face a cut-off date again in August or September, unless their immigrant visa is "actually" issued and they enter the U.S. before the retrogression, they will be stuck abroad. For those who are currently residing in the U.S. and intend to apply for the immigrant visa through the consulates rather than adjustment of status through the USCIS, a similar risk will prevail, but unlike the those who are residing abroad, they will be able to extend the H-1B extension under AC 21 Act pending the visa number availability. In this regard, their risk is less but still high in that since they did not submit I-485, they will not be able to take advantage of obtaining EAD and Advancer Parole, not to mention AC 21 portability of the approved I-140 petition for change of employment. All in all, the consular immigrant visa application is not recommended when the future of the visa numbers remins unpredictable.
06/15/2007: July EB-2 and EB-3 Visa Numbers Open and Consular Processing
The State Department states that they allocated a large number of EB-2 and EB-3 visas because of the USCIS I-140 and I-485 backlogs and because if the visa numbers are not used before the end of the fiscal years, some of them can be wasted. Assuming that the USCIS may continue their current processing times and backlogs in I-140 and I-485, the EB-2 and EB-3 may continue to remain current. However, it is just a speculation and risky to rely on such speculation when one handles his/her immigrant status.
In time like this, the consular immigrant visa application is very risky for the two reasons. For instance, if the EB-2 or EB-3 numbers face a cut-off date again in August or September, unless their immigrant visa is "actually" issued and they enter the U.S. before the retrogression, they will be stuck abroad. For those who are currently residing in the U.S. and intend to apply for the immigrant visa through the consulates rather than adjustment of status through the USCIS, a similar risk will prevail, but unlike the those who are residing abroad, they will be able to extend the H-1B extension under AC 21 Act pending the visa number availability. In this regard, their risk is less but still high in that since they did not submit I-485, they will not be able to take advantage of obtaining EAD and Advancer Parole, not to mention AC 21 portability of the approved I-140 petition for change of employment. All in all, the consular immigrant visa application is not recommended when the future of the visa numbers remins unpredictable.
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chanduv23
06-14 11:19 PM
My AOS was denied few months 4 months ago after I switched using AC21. Since my current employer has their own attorney (Pappas Lenzo in Boston) they filed for MTR and it is still pending. I was on my H1 which will expire in another 2 months. The attorneys are saying it takes time for MTR to be successful. But was not sure it would take this long.
Anyone has experience who filed I-485 MTR and it was successfull through this attorney.
Please PM me if you do not want to share the experience in public.
After 90 days, you can open a service request. On another note if it is a AC21 write to Ombudsman too. Contact your congressman, they also help.
Do send your story to IV as IV ios collecting such stories
Anyone has experience who filed I-485 MTR and it was successfull through this attorney.
Please PM me if you do not want to share the experience in public.
After 90 days, you can open a service request. On another note if it is a AC21 write to Ombudsman too. Contact your congressman, they also help.
Do send your story to IV as IV ios collecting such stories
more...
pappu
09-16 09:54 PM
Does anyone have any names and suggestions on the best lawyers in the US? Dan19, could you please tell me which lawyer the person consulted with who got his LC approved? I have contacted Carl Shusterman and have a phone appointment with him on Monday. Any ideas would be appreciate since I don't have much time left cuz I need response to the letter by Sept 27, which is two weeks from now.
I really appreciate everyone's input on my labor certification problem. The letter I got from the labor department is a letter with intent to deny application which means my LC is not denied yet but that they are considering of denying it if I couldn't provide evidence to explain why the job description is restrictive. On the letter however, I am not given the option to readvertise. So my lawyer plans to request for that but he said most likely the Labor department will not grant the consent for me to readvertise
sent you a PM with my recommendation of a lawyer
I really appreciate everyone's input on my labor certification problem. The letter I got from the labor department is a letter with intent to deny application which means my LC is not denied yet but that they are considering of denying it if I couldn't provide evidence to explain why the job description is restrictive. On the letter however, I am not given the option to readvertise. So my lawyer plans to request for that but he said most likely the Labor department will not grant the consent for me to readvertise
sent you a PM with my recommendation of a lawyer
IN2US
02-23 01:03 PM
I'm a july filer and planning on using AC21 to change employers,in this process I'm transfering H1-B,My passport will expire in a month however my
I-94 is valid till 2010. My question is do I need to have a new passport in hand before I transfer my H1??
PS: I've already applied for my new passport and expecting it any time.
Thanks in advance
I-94 is valid till 2010. My question is do I need to have a new passport in hand before I transfer my H1??
PS: I've already applied for my new passport and expecting it any time.
Thanks in advance
more...
santa123
10-16 08:49 AM
Moonrah
I am on the same boat; Any luck with the FOIA request without the Alien number?
My I140 is approved, yet to apply for my I485 and I do not have a alien number. So how do i complete my FOIA without the Alien number? Pls let me know.
I am on the same boat; Any luck with the FOIA request without the Alien number?
My I140 is approved, yet to apply for my I485 and I do not have a alien number. So how do i complete my FOIA without the Alien number? Pls let me know.
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mhtanim
09-10 03:01 PM
My understanding is that once you I-485 gets approved, the H4 gets invalided. She needs an AP to return.
I have read at many forums that at the POE, the officer may not be able to see if the H4 has been invalided or not and may allow her to get in with H4. But if that happens, I think she will be in big trouble . As you know, it's always our responsibility to maintain status and act accordingly. This is why most of the lawyers suggest to carry AP.
I have read at many forums that at the POE, the officer may not be able to see if the H4 has been invalided or not and may allow her to get in with H4. But if that happens, I think she will be in big trouble . As you know, it's always our responsibility to maintain status and act accordingly. This is why most of the lawyers suggest to carry AP.
more...
ram_nara303
03-08 10:30 AM
Since your Father in law is a Central Govt Employee, i believe the reason they issued a white 221g is because he may not have provided a NOC (No objection Certificate) from the govt which should state that he is just travelling to US for tourism purposes and not for job related travel. This was how i had to get my father in law to get a NOC inorder to get his stamping done. Once they saw the NOC, they granted the visa.
My 2 cents.
My 2 cents.
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instantkarma
01-29 08:55 AM
Thank you for the response.
The salary on Labor is mentioned as $76k. At the time of renewing EAD and AP every year it is at $90k. Since, salary increased after filing GC within the same company.
With AP portability a lot of advisors say, salary shouldnt be a concern rather job duties are.
The salary on Labor is mentioned as $76k. At the time of renewing EAD and AP every year it is at $90k. Since, salary increased after filing GC within the same company.
With AP portability a lot of advisors say, salary shouldnt be a concern rather job duties are.
more...
roseball
09-01 05:30 PM
Gurus,
I work for company X and in my 9th year H1-B visa. X has filed for my Eb-3 labor and I-140 and I am currently AOS (July 07 filer) on my I-485. X recently extended my H1 through Oct 2012.
I have an offer from company Y. Company Y is asking me if I want H1 extension or H1 transfer? What should I answer them. Which one ensures that I have a 3 year extension. Please advise ASAP.
Thanks.
You should tell them to file a H1 Change of Employer petition based on your approved I-140. Let them know they need to file a LCA requesting a 3 yr term and get the LCA approval and then file form I-129 requesting for a 3 yr H1.
I work for company X and in my 9th year H1-B visa. X has filed for my Eb-3 labor and I-140 and I am currently AOS (July 07 filer) on my I-485. X recently extended my H1 through Oct 2012.
I have an offer from company Y. Company Y is asking me if I want H1 extension or H1 transfer? What should I answer them. Which one ensures that I have a 3 year extension. Please advise ASAP.
Thanks.
You should tell them to file a H1 Change of Employer petition based on your approved I-140. Let them know they need to file a LCA requesting a 3 yr term and get the LCA approval and then file form I-129 requesting for a 3 yr H1.
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gparr
June 12th, 2005, 03:05 AM
Josh,
Congratulations! Few things more fun than getting new glass. Nice first shots. Looking forward to more.
Gary
Congratulations! Few things more fun than getting new glass. Nice first shots. Looking forward to more.
Gary
more...
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Life2Live
09-18 12:07 PM
Feeling bad for not making it. Looking forward to see our heros pics and videos
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sunnymit
05-10 12:44 PM
As I understand, the 6 yrs time period includes the time spent on any type of H visa - H1 or H4.
more...
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jamesingham
08-23 11:02 AM
My employer filed I-140 application for me this month. I will have to move to a different house next month. Will this have any impact to 140 processing ?
Do I have to inform USCIS ?
Do I have to inform USCIS ?
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xbohdpukc
08-05 11:31 AM
as long as both PDs are current they will start to process an application with the earliest RD first.
more...
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perm2gc
06-14 05:59 PM
Hi All,
My previous I-140 was denied due to the ability to pay issue since company was in loss and Idid not get prevailing wage since PD.I have appealed it hoping I can extend my h1 beyond 6th year.Is it true?
Also, Now we have pre approved labor with lower in same company where I can satisfy by showing W-2 to prove the ability to pay. Now If I am planning to apply another I-140 with labor sub,
would it matter to the new I-140 appllication if the previous I-140 was denied and is being currently appealed? Because in the I-140 form there is a question ,
"Has any Immigrant visa petition been filed by or on this person?"
Should I say "YES", Right? and also give the detail of previous filing????
Also How does USCIS verify the W2?BY contacting the IRS or ?
Please suggest?
Thanks
You have to give them detailed information.if you don't still they pull up your records.
IRS database can be accessed by USCIS under homeland security rule to verify any information regarding an individual.
My previous I-140 was denied due to the ability to pay issue since company was in loss and Idid not get prevailing wage since PD.I have appealed it hoping I can extend my h1 beyond 6th year.Is it true?
Also, Now we have pre approved labor with lower in same company where I can satisfy by showing W-2 to prove the ability to pay. Now If I am planning to apply another I-140 with labor sub,
would it matter to the new I-140 appllication if the previous I-140 was denied and is being currently appealed? Because in the I-140 form there is a question ,
"Has any Immigrant visa petition been filed by or on this person?"
Should I say "YES", Right? and also give the detail of previous filing????
Also How does USCIS verify the W2?BY contacting the IRS or ?
Please suggest?
Thanks
You have to give them detailed information.if you don't still they pull up your records.
IRS database can be accessed by USCIS under homeland security rule to verify any information regarding an individual.
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blacktongue
11-01 01:35 PM
I heard that only applicants who are current are considered as backlogged - is this true?
Applicants who are not current - which statistical group do they belong to?
You are correct. Is USCIS definition to show less numbers on their graphs.
Applicants who are not current - which statistical group do they belong to?
You are correct. Is USCIS definition to show less numbers on their graphs.
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wandmaker
11-27 01:25 PM
fionaapple20: Safest and clean route is to find an another employer and transfer H1B. Make sure your current employer does not revoke your 140, in case if its not approved. Additionally, it is highly recommended to invoke AC21 after your 140 is approved and 180 days passed.
validIV
02-03 09:54 AM
I am assuming your wife is H4? H4 to F1 shouldnt be a problem, this is the same path I took years ago before becoming H1.
There is only one issue I can think of and that is travelling outside the country. She might not be issued an F1 visa stamp at a consulate for travel outside the country since her H4 was based on yours which now has immigrant intent since you applied for PERM (LCA and I-140). The consulate will probably not believe she has non-immigrant intent. She would have to stay in the country until she changed to H1 and got that stamped, or until you get AP for both of you. But if you have no plans to leave the country I dont see that as an issue. Best to consult a proper immigration attorney since all I can tell you is my experience.
Good luck.
There is only one issue I can think of and that is travelling outside the country. She might not be issued an F1 visa stamp at a consulate for travel outside the country since her H4 was based on yours which now has immigrant intent since you applied for PERM (LCA and I-140). The consulate will probably not believe she has non-immigrant intent. She would have to stay in the country until she changed to H1 and got that stamped, or until you get AP for both of you. But if you have no plans to leave the country I dont see that as an issue. Best to consult a proper immigration attorney since all I can tell you is my experience.
Good luck.
guy03062
12-08 08:07 PM
I think we're looking for Jan '09 bulletin ;)
India:
EB2 -> 01-JUN-2003
EB3 -> 01-OCT-2001
http://travel.state.gov/visa/frvi/bulletin/bulletin_4384.html
India:
EB2 -> 01-JUN-2003
EB3 -> 01-OCT-2001
http://travel.state.gov/visa/frvi/bulletin/bulletin_4384.html
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