Saturday, July 2, 2011

2011 Calendar Large

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  • Blog Feeds
    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)




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  • jijiewang
    02-08 09:10 AM
    Hi attorney,

    I know the question sounds weird.

    My husband applied EB2 in 2007. 140 approved and 485 pending. But then we came back to our home country because of layoff. We carried AP but now AP is expiring in 3 weeks. I know after AP goes expired, our 485 will be considered abandoned.

    I heard that PD is still ours even in the case of abandonment of 485. So, I still hope that some day we can come back to US to re-do the green card application. My question is, once PD becomes current, how long will the window to submit 485 be open for us?

    Thanks.

    Jijie




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  • kevinkris
    01-08 02:05 PM
    Is it Infopass or for approval of your 485?

    Your public profile is not correct, please update it.
    All the dates are 01/01/2005

    Good luck.

    Attended 485 Interview yesterday, everything went fine, the office told me that they need 120 days to review the file and will inform the decision after that. For me it looks like he basically collected all the documentation from me and will forward them to the Supervisor.




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  • somegchuh
    07-11 06:09 PM
    Hi Bose,

    so it took you almost 9 months and you still don't have the H1 renewal? wow... that's unbelievable. I just received an email from my lawyer's legal assistant and they have received the H1 approval notice. So I have no idea what the hell is going on!

    Ah the wonders of govt work...



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  • visa_reval
    03-14 03:46 PM
    and I dont have an answer for it. Can somebody point us to the doc pls.




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  • newbie2020
    10-13 02:43 PM
    You can count me in...

    By the way it makes more sense to meet Senator Arlen Specter since he is also on Senate Judiciary committee...

    Committee Members (http://judiciary.senate.gov/about/members.cfm)



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  • senk1s
    11-26 06:47 PM
    ----
    1) I got my EAD 3 months back. Also received my AP in Oct. Typically how long is the journey from EAD to actual GC?
    There is no correlation between the two. GC is based on your priority date and nationality

    2) When does the 180 day period for AC21 begin? The day I sent my 140/485 packet or the receipt date (behind the cashed check) of my 140/485 application?
    The sending date has no significance. It should be the receipt date (sometimes notice date is 'better')
    3) Now that I have my EAD, do I need to do anything at this point? I already have a SSN. Does the SSN change after getting EAD? Do I need to apply for I-9 or something?
    If you are working on H1, nothing

    4) Have people been successful with AC21? What if I want to move on to another role (different in responsibilities from my current role)? Can I still use AC21?
    You may read all about AC21 here
    http://immigrationvoice.org/forum/forumdisplay.php?f=72


    PS: My company lawyers are very unfriendly and rude. So thanks for your help in advance.
    If they are being paid for the services, they better give the services - Complain to HR
    __________________________________________________ ________________
    EB3, TSC, PD - Dec 06, 1st FP done, Filed 140 & 485 during the July rush




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  • Blog Feeds
    10-26 11:40 AM
    http://www.californiaimmigrationlawyerblog.com/lottery.jpg

    On October 2, 2009, The U.S. State Department launched the 2011 Diversity Visa Program. Between October 2 to November 30, 2009, applicants from countries around the world may register for a chance at winning one of the 55,000 immigrant visas that are drawn randomly from all eligible applicants. The State Department will notify all successful applicants between May - July 2010 of their selection. Applicants will then be able to start the visa application process in October 2010.

    The State Department has announced (http://www.californiaimmigrationlawyerblog.com/Diversity%20Visa.pdf)that during the first week of registration, they have received over 900,000 entries. This reflects a 63% increase in applications over the same period last year. [/URL]

    For information and instructions on how to register for the lottery, go to the State Department's lottery website: [URL="http://www.dvlottery.state.gov/"] http://www.dvlottery.state.gov/ (http://www.californiaimmigrationlawyerblog.com/Diversity%20Visa.pdf)



    More... (http://www.californiaimmigrationlawyerblog.com/2009/10/2011_diversity_visa_program_re.html)



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  • minimalist
    11-12 10:50 AM
    I recently took up a fulltime job and I was told that drug test will be taken few days before the join date. Also the employment is contegent upon succefull drug test and background test.

    My concern is, I need to give 2 week notice to my present employer . If drug test and background test are not done before 2 weeks of join date, how can I be sure things don't go wrong for some or the other reason in checking. My records are clean in US and I don't forcee any problem.

    SO is this common to conduct drug test few days before join date...?? It is a common practice and very simple process. If you are not into it, you don't have to worry.
    All the best.




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  • GCHope2011
    07-10 03:54 PM
    If you are questioned on educational equivalence of the 3+2 year degree's parity with US' 4+2 year bachelor + masters, and your education evaluator can make a strong case for it, you should be ok.



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  • gchopeful2
    08-15 09:26 AM
    I'm in the same situation. There is a 1 letter difference in my Father's name in the passport and in my birth certificate.

    My lawyer went ahead and filed my 485. I did an affidavit later and sent it to the lawyer. He says he'll send the affidavit only if there is an RFE. Hope the helps.

    ****NOT A LEGAL ADVISE****




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  • ksvreg
    03-15 09:10 PM
    IN THE CURRENT SITUATION/TREND,

    - USCIS throwing RFEs on H1 transfers
    - Beware of 140 revocation by your employer though it is not valid. But will put you in mental stress
    - Make sure your new position duties and its description and slaray are similar.



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  • Prashanthi
    07-14 03:35 PM
    Yes this can be done as long as the investiment is substantial $50,000 or more and the revenue earned is not marginal (the income derived from the business should not be just enough to support the applicant and his family). The investor possesses means of support independent of the enterprise. It may benefit applicants for an E-2 visa to demonstrate that their investments will result in the creation of jobs within the United States.




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  • YesGC_NoGC
    09-08 12:25 PM
    Hi

    I have one question , I am in my 6th year of H1 (Compeleting on Nov end). The renewal has been submitted by my employer yesterday for 7th,8th,9th year based on the approved I-140.

    My wife had to travel yesterday for a family reason and she is scheduled to come back on Oct 1st. In General would there be any issue at port of entry when she comes back, as she would have only 2 months valid visa in her passport at that time.

    Thanks



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  • chanduv23
    07-27 11:07 AM
    LAMP - Calgary. Also, some financial analysts are predicting that the $CDN will actually be worth *more* than the $US by the end of 2007.

    By then, US GC will become easy and everyone will run towards Canada




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  • nlssubbu
    04-26 02:26 PM
    number30,
    yes her AP is valid till end of this year. Would it be problem if i take her gc and give it to her outside us??

    She can enter without any issue using AP. I was in similar situation when GC approved and mailed for my entire family when we were away from USA. All of us entered using AP without any issues.

    Thanks



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  • smuggymba
    05-16 12:35 PM
    Hi,
    I am on h4 visa now.It expires in Sep14,2011 .I have a company that wants to sponsor my H1 visa.the start date for the h1 visa would be 1st Oct,2011.
    Does this mean that i will be out of status for Sep14-Sep30, will i have to file for my h4 renewal for that period.also,would it affect my new h1 petition.

    Pls reply

    u can leave and come back on H1 with new stamping..no problemo.




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  • FinalGC
    04-13 09:02 AM
    Ask your husband to contact a good lawyer like www.murthy.com or www.shusterman.com or www.immigration.com. You will have to pay for their services and I am sure you will get what you need. American Dream is not cheap for the first immigrants......There are tons of bad lawyers out there, so get your job done through a goood one.




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  • puddonhead
    02-28 02:25 PM
    It is irrelevant whether you are in L1b/H1/F1/"Visitor Visa" or even outside the US.

    If you have worked for the sponsoring employer outside the USA for 1 year within the last 3 years in an executive capacity - you can apply in EB1.

    If you are not sure if your job qualified for "executive capacity" - then it probably didn't. But maybe you should still speak with your lawyer and double check.




    eadguru
    10-04 01:49 PM
    Hi Tnite,

    Thank you for your reply.
    ...but only in Adjustment of status, what does it meaning?




    saps
    11-21 01:27 PM
    She will get her EAD even if your priority date retrogresses in the next visa bulletin.
    As far as I know, you don't neccessarily need to file EAD with your I-485. Once your I-485 is pending, you can file EAD anytime after that(irrespective of PD movement) but its always better to file them together.

    Someone please correct me if I am wrong.



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