Googler
02-14 05:22 PM
Great ruling. The analysis is totally applicable to AOS. Moreover, the government admitted that it was wrong in recent memo.
"In the context of removal proceedings, ICE has determined that FBI fingerprint checks and Interagency Border Inspection Services (IBIS) checks are the required checks for purposes of the applicable regulations."
Wait a minute, isn't immigration judge able to grant AOS in removal proceedings? It means that the DHS acknowledges that it wrongfully interpreted regulations for all these years and that name check is not required by law (at least for AOS) as we were saying all along!
I love also this part: "in the unlikely event that FBI name checks reveal actionable information".
As judge Baylson pointed out, "name check" is nowhere to found in laws and regs.
Good point about the recent memo -- happily there are multiple pdfs of it floating around so they can't make that language disappear -- and and immigration judge granting AOS. Those two points should do.
About "name check" nowhere found in laws -- i.e no language in some obscure subsection -- I just want to make sure that the interpretation is ironclad for AOS, we know it is for naturalization.
Yep, I *love* the "unlikely event" part.
"In the context of removal proceedings, ICE has determined that FBI fingerprint checks and Interagency Border Inspection Services (IBIS) checks are the required checks for purposes of the applicable regulations."
Wait a minute, isn't immigration judge able to grant AOS in removal proceedings? It means that the DHS acknowledges that it wrongfully interpreted regulations for all these years and that name check is not required by law (at least for AOS) as we were saying all along!
I love also this part: "in the unlikely event that FBI name checks reveal actionable information".
As judge Baylson pointed out, "name check" is nowhere to found in laws and regs.
Good point about the recent memo -- happily there are multiple pdfs of it floating around so they can't make that language disappear -- and and immigration judge granting AOS. Those two points should do.
About "name check" nowhere found in laws -- i.e no language in some obscure subsection -- I just want to make sure that the interpretation is ironclad for AOS, we know it is for naturalization.
Yep, I *love* the "unlikely event" part.
wallpaper Friendship Bracelets with
pappu
01-01 02:47 PM
Congrats and thanks for the contribution
centrum
09-25 02:33 AM
Hi,
I just got approved for H-1B this year and I have some questions. I'm from a small country where they do not easily let their citizens to become citizens of other counties. So unless it's for educational purpose (undergraduate/graduate), they will not renew my passport for me.
My passport expires at the end of this year, and I was wondering if it's possible to obtain the following with an expired passport:
a) H-1B extension
b) PERM
c) green card
If it's not possible to obtain any of them with an expired passport, I must enroll in a graduate school to renew my passport. (Before my passport expires) I really prefer not to do this.
I would really appreciate if you could reply with cases you've seen or experienced in the past.
Thanks in advance.
I just got approved for H-1B this year and I have some questions. I'm from a small country where they do not easily let their citizens to become citizens of other counties. So unless it's for educational purpose (undergraduate/graduate), they will not renew my passport for me.
My passport expires at the end of this year, and I was wondering if it's possible to obtain the following with an expired passport:
a) H-1B extension
b) PERM
c) green card
If it's not possible to obtain any of them with an expired passport, I must enroll in a graduate school to renew my passport. (Before my passport expires) I really prefer not to do this.
I would really appreciate if you could reply with cases you've seen or experienced in the past.
Thanks in advance.
2011 make friendship bracelets
chanduv23
11-09 08:12 AM
hopefulgc - I can understand where you are coming from. Billions of people are excited by the fact that President Barack Obama has made history and for some reason - people are under the impression that "He is the guy next door" who can make wonders.
Remember - a politician is always a politician. Politicians who come to power through mass have a certain charisma and aura around them which blinds us of the fact that they are also just another politician.
Now - We all know and are definitely excited about Obama and we definitely want to see a change. Change will come, but we have to remember that this is just the beginning. Nothing happens overnight.
Almost all my personal friends waiting for GC now think they will all get their GC because of Obama. Students think they will get GC stapled to their diplomas and this goes on.
Things will definitely improve and we all have to work hard. This government will definitely hear our side - and make decisions keeping us in mind.
Remember - a politician is always a politician. Politicians who come to power through mass have a certain charisma and aura around them which blinds us of the fact that they are also just another politician.
Now - We all know and are definitely excited about Obama and we definitely want to see a change. Change will come, but we have to remember that this is just the beginning. Nothing happens overnight.
Almost all my personal friends waiting for GC now think they will all get their GC because of Obama. Students think they will get GC stapled to their diplomas and this goes on.
Things will definitely improve and we all have to work hard. This government will definitely hear our side - and make decisions keeping us in mind.
more...
,%2525252B%24790%252525253B%2525252BLanyard%2525252Bneon%2525252Bbracelet.jpg "+friendship+racelets+")
centaur
02-23 09:52 AM
It's not easy to get a J-1 waiver, but with recent changes in the rule, by the time you finish your residency it will be easier. Its easy to get waiver in family practice or psychiatry. Its harder for Internal Medicine/pediatrics/Surgery and fellowships (except Geriatrics)
1) You can get a J-1 visa, but your husbands 140 has nothing to do with this. However, on the positive side, if by the time you complete your residency and donot have a J-1 waiver job and your husband is still maintaining his H-1B or has a GC, you can stay in the US and look for job, but not work. So it gives you more time to find waiver job.
From personal experience, it would be better to go home for two years, while your husband stays here and then you come back as GC and start your practice. But thats for later.
2) You cannot file 485 for your self till waiver is done if you take J-1. If you can wait for a couple of years for the GC (likely soon after retrogression is resolved) and then start residency, then you probably could just start on GC. But its a hard decision, as you dont know if you will get residency after this time or retrogression will resolve soon.
Its frustrating I understand.
Good luck
My husband is working on H-1 B and his I -140 is approved and I am on H-4 visa. I am trying to get in US medical residency and most likely I will get J-1 visa
I have following questions -
1) Do I qualify for non-immigrant, J-1 visa considering my husband's I-140 approval? Would his I-140 approval not have my name associated to it ?
2) Once I accept J-1 visa, would I be able to file I-485 when my husband's PD will be current?
3) If I decide to quit residency after few months/year to file, would I be able to convert my J-1 visa to H-4 visa again?
4) After converting H-4 visa would I be able to file I-485 once my husband's date is current?
5) How difficult or easy is to get J-1 wavier
Thanks in advance for your replied
1) You can get a J-1 visa, but your husbands 140 has nothing to do with this. However, on the positive side, if by the time you complete your residency and donot have a J-1 waiver job and your husband is still maintaining his H-1B or has a GC, you can stay in the US and look for job, but not work. So it gives you more time to find waiver job.
From personal experience, it would be better to go home for two years, while your husband stays here and then you come back as GC and start your practice. But thats for later.
2) You cannot file 485 for your self till waiver is done if you take J-1. If you can wait for a couple of years for the GC (likely soon after retrogression is resolved) and then start residency, then you probably could just start on GC. But its a hard decision, as you dont know if you will get residency after this time or retrogression will resolve soon.
Its frustrating I understand.
Good luck
My husband is working on H-1 B and his I -140 is approved and I am on H-4 visa. I am trying to get in US medical residency and most likely I will get J-1 visa
I have following questions -
1) Do I qualify for non-immigrant, J-1 visa considering my husband's I-140 approval? Would his I-140 approval not have my name associated to it ?
2) Once I accept J-1 visa, would I be able to file I-485 when my husband's PD will be current?
3) If I decide to quit residency after few months/year to file, would I be able to convert my J-1 visa to H-4 visa again?
4) After converting H-4 visa would I be able to file I-485 once my husband's date is current?
5) How difficult or easy is to get J-1 wavier
Thanks in advance for your replied
desi3933
09-10 10:34 AM
Currently on H1B 8th year extension which will expire on 25th June, 2009.
Labor PD: 9th August, 2004
Labor cleared: 11th September, 2007.
I-140 (approval pending) filed on 4th October, 2007. Received at USCIS on 5th October, 2007.
Can’t file for I-485 since the EB3 date for India is unavailable.
There is a high chance that I might be laid off at my current employer in the next 2-3 weeks.
Can I transfer my H-1 upto June 25th, 2009 (or later) as well as start a new PERM case in EB2 category?
In case of the above H-1 transfer, will the new H-1 be valid for 1 year from the filing or will it be upto 25th June, 2009?
What are my other options not to go out of status or leave the country?
As you have I-140 pending (from Employer A), you are eligible for 1 year H1-B with any employer.
Please check with your attorney.
____________________________________
Proud Indian-American and Legal Immigrant
Labor PD: 9th August, 2004
Labor cleared: 11th September, 2007.
I-140 (approval pending) filed on 4th October, 2007. Received at USCIS on 5th October, 2007.
Can’t file for I-485 since the EB3 date for India is unavailable.
There is a high chance that I might be laid off at my current employer in the next 2-3 weeks.
Can I transfer my H-1 upto June 25th, 2009 (or later) as well as start a new PERM case in EB2 category?
In case of the above H-1 transfer, will the new H-1 be valid for 1 year from the filing or will it be upto 25th June, 2009?
What are my other options not to go out of status or leave the country?
As you have I-140 pending (from Employer A), you are eligible for 1 year H1-B with any employer.
Please check with your attorney.
____________________________________
Proud Indian-American and Legal Immigrant
more...
sintax321
10-22 08:36 PM
Hey mdipi I like your new footer. Looks really good.
:)
:)
2010 Friendship Bracelets How To
Jaime
09-12 03:56 PM
Just like the the department of Homeland Security has USCIS to make sure that only very few highly-skilled immigrants get visas (thus causing the USRBD), they should also have the "Agency for USRBD" to counter the damage caused by USCIS. Don't let the RBD suck you in like it threatens to suck Ranga in! Let's go make our voices heard in DC!!
more...
here4gc
04-09 02:44 PM
call or check with them...you can ask to be on the phone also..so that you can get any questions answered..
I am sure a lot of cases will happen this way...especially people who have no LUD nothing from past 9 months...
Goodluck!
I am sure a lot of cases will happen this way...especially people who have no LUD nothing from past 9 months...
Goodluck!
hair Ugly+friendship+racelets
hopefulgc
01-10 03:02 PM
good idea
Hi ALL,
Here is idea. It can happen to you next week, sorry, but its possible.
Lets say you lost your job next Friday (usually Fridays right). And getting your next job will take you another 6 months, if lucky.
What will you do. Will you start pressing a panic button to push for reducing EB2/3 backlogs. Will you write to Obama and team then?.
I know some of us are unfortunate to be in the situation, not me, but who knows??.
So, can we just imagine to be in such a situation and bring more and more attention to the new goverment. Just act as if you lost your job and in despair.
Start writing. Dont just dream for the 11th or 13th for VB dates. Lets put some action.
Sorry if I sound depressing, but lets act before its too late..
Hi ALL,
Here is idea. It can happen to you next week, sorry, but its possible.
Lets say you lost your job next Friday (usually Fridays right). And getting your next job will take you another 6 months, if lucky.
What will you do. Will you start pressing a panic button to push for reducing EB2/3 backlogs. Will you write to Obama and team then?.
I know some of us are unfortunate to be in the situation, not me, but who knows??.
So, can we just imagine to be in such a situation and bring more and more attention to the new goverment. Just act as if you lost your job and in despair.
Start writing. Dont just dream for the 11th or 13th for VB dates. Lets put some action.
Sorry if I sound depressing, but lets act before its too late..
more...
busy
03-08 10:05 PM
Hi,
My husband's H1B is over on 22nd February 2008. Now he trying to file AC21 with another company. Is there any way he can apply for H1B transfer with that company as couple of weeks already passed? Appreciate your help.
My husband's H1B is over on 22nd February 2008. Now he trying to file AC21 with another company. Is there any way he can apply for H1B transfer with that company as couple of weeks already passed? Appreciate your help.
hot +friendship+racelets+
surabhi
05-21 09:54 AM
from one of the attorneys. Not sure if anything changed in past 18 months.
Attorney_13
Attorney posted December 08, 2006 03:06 PM
--------------------------------------------------------------------------------
If one has an approved I-140, the priority date of that approval is "locked-in" so to speak and can be used for future cases. Normal proof one would want to have for when s/he is filing a new PERM case with a new I-140, is a copy of that previous approval notice, though sometimes it is possible to use the on-line status print out. To carry over the priority date it is not necessary that the two positions be similar, or even that they be in the same preference category. One can be EB3 and the other EB2.
Attorney_13
Attorney posted December 20, 2006 05:00 AM
--------------------------------------------------------------------------------
What happens in retaining a priority date where the I-140 is revoked is unclear. While there are regulations that state that you would no longer be able to carry over the priority date if the I-140 is revoked, there is a USCIS memorandum that states that only where the I-140 is revoked for misrepresentation or fraud are you not able to carry it over. The USCIS seems to be following the memorandum consistently though it does not have the force of law. It is not necessary that the positions between the first I-140 and the new subsequent I-140 be same or similar in any way. The DOL does not determine if a priority date will transfer. That is a determination by the USCIS. The language in the regulations is "shall" be transferred, rather than being discretionary.
Attorney_13
Attorney posted December 08, 2006 03:06 PM
--------------------------------------------------------------------------------
If one has an approved I-140, the priority date of that approval is "locked-in" so to speak and can be used for future cases. Normal proof one would want to have for when s/he is filing a new PERM case with a new I-140, is a copy of that previous approval notice, though sometimes it is possible to use the on-line status print out. To carry over the priority date it is not necessary that the two positions be similar, or even that they be in the same preference category. One can be EB3 and the other EB2.
Attorney_13
Attorney posted December 20, 2006 05:00 AM
--------------------------------------------------------------------------------
What happens in retaining a priority date where the I-140 is revoked is unclear. While there are regulations that state that you would no longer be able to carry over the priority date if the I-140 is revoked, there is a USCIS memorandum that states that only where the I-140 is revoked for misrepresentation or fraud are you not able to carry it over. The USCIS seems to be following the memorandum consistently though it does not have the force of law. It is not necessary that the positions between the first I-140 and the new subsequent I-140 be same or similar in any way. The DOL does not determine if a priority date will transfer. That is a determination by the USCIS. The language in the regulations is "shall" be transferred, rather than being discretionary.
more...
house 2-The row of letters
dealsnet
01-13 01:48 PM
What you did is illegal. It can affect your H1B and GC.
tattoo Knotted friendship-racelets
ekkatip
11-06 05:59 PM
My Friend has two I-140 one EB3 2002 PD and Other EB2 2008PD.
Last week he got his GC. He never requested to port PD. USCIS ported his PD and approved his case.
My I-140 EB3 PD 2002 approved in 2006
I applied new labor in EB2 category and while applying I-140 my attorney requested to port EB3 PD. USCIS approved EB2 I-140 without porting PD.
Recently My attorney sent another request to port PD , I saw LUD's on I-140 and 485 but no luck so far.
Couple of my friends successfully ported PD and got GC.
Last week he got his GC. He never requested to port PD. USCIS ported his PD and approved his case.
My I-140 EB3 PD 2002 approved in 2006
I applied new labor in EB2 category and while applying I-140 my attorney requested to port EB3 PD. USCIS approved EB2 I-140 without porting PD.
Recently My attorney sent another request to port PD , I saw LUD's on I-140 and 485 but no luck so far.
Couple of my friends successfully ported PD and got GC.
more...
pictures friendship bracelets
desi3933
06-02 04:27 PM
I'm sorry -- I didn't follow. Can I use the H1-B which has been extended for 3 yrs since my 140 was approved already for a yr and the visa numbers weren't current? (I've already used up by 6 yrs)
Thanks,
Murali
You new employer can file for H-1B change of status for (upto) 3 years since you have I-140 approved and your PD is not current. The fact, that I-140 was applied by current (or ex) employer, does not matter.
Hope it helps.
_________________
Not a legal advice.
Thanks,
Murali
You new employer can file for H-1B change of status for (upto) 3 years since you have I-140 approved and your PD is not current. The fact, that I-140 was applied by current (or ex) employer, does not matter.
Hope it helps.
_________________
Not a legal advice.
dresses kids friendship bracelets
danila
07-27 10:04 AM
I do not have a memo or web link, however, when I went for my fingerprinting appointment I asked about the interim EAD of the processing time dragged for my husband.
I was told that there are no facilities at any local USCIS offices for the production of interim EAD's. If your application goes beyond the 90 day time limit, you have two choices. Go to the local office and ask them to send an email to the service center to ask for them to process quickly or issue interim EAD, or call the 1 800 number directly of the service center and cut out the middle man.
I've heard that too, no more interim EADs. I was just commenting on the text of the post.
I was told that there are no facilities at any local USCIS offices for the production of interim EAD's. If your application goes beyond the 90 day time limit, you have two choices. Go to the local office and ask them to send an email to the service center to ask for them to process quickly or issue interim EAD, or call the 1 800 number directly of the service center and cut out the middle man.
I've heard that too, no more interim EADs. I was just commenting on the text of the post.
more...
makeup friendship bracelets for
pappu
12-20 01:43 PM
Instead i will donate the travel expenses to IV...........
Good Luck Every one
Thanks.
Pls contribute for the campaign we are running
http://immigrationvoice.org/forum/showthread.php?t=2630&page=16
Good Luck Every one
Thanks.
Pls contribute for the campaign we are running
http://immigrationvoice.org/forum/showthread.php?t=2630&page=16
girlfriend +friendship+racelets+for+
glus
11-17 12:05 PM
Hi, I recently got a H1B extension stamping in Chennai consulate upto 2010 and I came back to SFO last week. Since my passport is expiring on July 2009. I-94 was issued upto July 2009.
Now my issue is to extend my I-94 upto the validity of H1B visa. I went through similar thread and it says crossing US border to Mexico or Canada will do to get the new I-94. So I am planning to make a trip to Mexico after my passport got renewed to renew I-94. Does it work?. Or do I have to go out of American Continent to get the new I-94. Some thread from (other sites) said, I need to go out American Continent..Is it true?.
Or is there any other way to extend my I-94 without crossing the border?.
Gurus - Please help if you faced any similar situation and sucessfully got your i-94 renewed.
Hello,
Yes, you can do this if you are from country that allows you to enter Canada without Canadian visa. Then, you would need to give away your previous I-94 and get a new one upon re-entry to the United States. The problem is that some airlines don't want to take I-94 back if they know you are not traveling for over 30 days to Canada. This is especially true if you enter Canada via road. Somehow, it is best to explain why you need to give your old I-94 away. If they don't take your old I-94, you can ask an immigration officer for a new I-94, explaining the situation. Then, if lucky, he takes your old I-94 and issues a new one with correct date.
Now my issue is to extend my I-94 upto the validity of H1B visa. I went through similar thread and it says crossing US border to Mexico or Canada will do to get the new I-94. So I am planning to make a trip to Mexico after my passport got renewed to renew I-94. Does it work?. Or do I have to go out of American Continent to get the new I-94. Some thread from (other sites) said, I need to go out American Continent..Is it true?.
Or is there any other way to extend my I-94 without crossing the border?.
Gurus - Please help if you faced any similar situation and sucessfully got your i-94 renewed.
Hello,
Yes, you can do this if you are from country that allows you to enter Canada without Canadian visa. Then, you would need to give away your previous I-94 and get a new one upon re-entry to the United States. The problem is that some airlines don't want to take I-94 back if they know you are not traveling for over 30 days to Canada. This is especially true if you enter Canada via road. Somehow, it is best to explain why you need to give your old I-94 away. If they don't take your old I-94, you can ask an immigration officer for a new I-94, explaining the situation. Then, if lucky, he takes your old I-94 and issues a new one with correct date.
hairstyles knitting friendship bracelets
md_alien
05-18 01:30 AM
I also got the magic email on Fri 15th May, 2008. I'd like to extend my sincere gratitude to all fellow members of this great community in guiding me through this tough journey. I wish all of you the best and will stick around to help other members out.
GCFISH
08-31 11:31 AM
taking it back....don't want to debate, assuming you all know the fact.
Krilnon
11-10 10:31 PM
I suspect that you're fine because it's still the 10th (and it'll be the 10th for a few hours more in Kirupa's timezone)!
0 comments:
Post a Comment