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Wednesday, June 29, 2011

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  • elusive
    07-08 11:24 AM
    I have couple of questions regarding timeperiod for which I can stay outside US while my I-485 is pending . I had to undergo a re-do surgery of my back in India and was adviced complete bed rest till it heals due to which I am outside US since Jan ending till date

    1) Will it effect my GC application as some say its not good to stay more than 180 days outside US continously.

    2) I am on H1 status will it be a issue at POE to have gone for this long

    3) What docs should I be carrying to awnser questions at POE.Is client letter mandatory or continued employment letter and I797 good

    Kindly let me know your advice in this case

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  • aguy
    03-26 02:04 PM

    Thank you for making it clear. I sent my I-140 towards the end of july, the receipt date is aug 6th. The case got transferred to TSC and then back to NSC on October 8th.

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  • bobzibub
    09-30 04:10 PM
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  • jambapamba
    07-23 07:53 AM
    I just read somewhere...that if I do not file by I140 by July 31 the i lose chance to file I485 by august 17..which i could file anyway together if I have to file it by July31..Is this true..

    the reason being that I am waiting for the hard copy of Labor Approval and the only thing I have is Cover letter copy..I do not want to miss chance

    My PD is Oct 2001

    Please please let me know!!


    I think its only for labor exempt cases. Since your PD is 2001...u r fine to file by aug17th
    Some people here say LC must be cleared by July 31st...so u r fine that way too. Your LC will say a approval date in July...so u r ok...(eventhough some argue that its not important)

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  • Blog Feeds
    09-14 05:20 AM
    The U.S. Department of State has recently announced that the online registration period for the Diversity Visa Lottery Program for Fiscal Year 2012 (DV-2012) will be from October 5, 2010 until November 3, 2010.

    The official online application form is available only on the Department of State Diversity Visa online entry website at www.dvlottery.state.gov (http://immigrationvoice.org/forum/www.dvlottery.state.gov), which will be accessible on the first day of the registration period. The Congressionally mandated Diversity Immigrant Visa Program makes available 50,000 diversity visas (DV) annually, drawn from random selection among all entries to persons who meet strict eligibility requirements from countries with low rates of immigration to the United States. For DV-2012, no countries have been added or removed from the previous year�s list of eligible countries.

    If you are chosen as a lottery winner, an official letter from the U.S. Department of State Kentucky Consular Center (KCC) in Williamsburg, Kentucky will be sent to the mailing address that you provided in your entry. Being selected as a lottery winner does not guarantee that you will receive a visa; you must still apply and qualify for the immigrant visa. The notification letters will provide further instructions, including information on additional forms and documentation required and immigrant visa application fees.

    More... (http://www.visalawyerblog.com/2010/09/dv2011_green_card_lottery_dept.html)


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  • mrajatish
    06-21 01:38 PM
    There is a 245(K) provision that will save your wife - research that and ask your attorney to file 485 for her with that.

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  • raysaikat
    12-21 01:57 PM
    Sorry if I am posting this in the wrong place, wasn't exactly sure where to post.

    I applied for my Certifcate of Citizenship through my US citizen father about 5 years ago, and due to that US citizen father being an ass I still don't have it.
    I have decided to just go back to England. I am happy about going back now and this post isn't about finding other ways of getting my citizenship.
    When I originally came to the US I intended just to visit so I came on the Visa Waiver Program, and then decided to stay and become a citizen

    My query is: When I leave to go back home will I be able to leave the US with just my passport(recently renewed) and ticket? or will I have to contact the USCIS and get some kind of letter or the like?

    Thank You

    You do not need any agency's permission to leave US. Just submit the I-94 form if you have one.


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  • apravi
    12-06 05:24 PM
    Immigration experts,
    Please help me to get out of this confusion.

    My H4-H1 Adjustment of status is approved and i have Advance parole and EAD with me through my husbands i485 application.I need to travel to india in jan/feb 2008 for 2-3weeks.I may not be able to go for stamping at that time.My H4 visa stamp is valid till sep2008.My H1 approval notice is valid till sep2010.

    My question is,can i travel to india and come back without H1 stamping using Advance parole?If i come in using Advance parole can i work again on H1 or do i need to use EAD?
    Thanks in advance.

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  • gc28262
    01-09 11:40 PM
    I want to apply AP for my daughter without lawyer's help. I didn't apply for her when I applied my 485 and AP but her 485 has been applied and I have the RN. Is it straightforward process. Since I applied for 485 July 2nd can't file electronically and must use old fee?.

    Also in the application instructions under intial evidence section it saysAn explanation or other evidence showing thecircumstances that warrant issuance of anadvance parole document; orWhat does this mean, do I have to write an explanation letter :confused:

    AP is comparatively simple. You don't need to have a lawyer. Please go through all instructions carefully.
    Yes you need to write a brief letter explaining why you need AP. You can say for family visit, family function ( if any ) etc.
    I recommend applying online.


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  • sankari
    05-08 08:49 AM
    My H1B visa end date is 30July2013(PED or expiration date in H1B visa stamp) and my I-94 end date is 10-Aug2013.But in I797B the end date is 30July2011. Can you please help me that i need to do my H1B visa extension within 30July2011?....please clarrify that visa validity depends on I94 or Visa end date or I797B end date....thanks

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  • Blog Feeds
    09-28 12:50 PM
    Foreign nationals who have stayed in the United States after the expiration of their period of authorized stay or are present in the United States without being admitted or paroled are unlawfully present in the U.S.

    If more than 180 days but less than a year of unlawful presence accrues, then the foreign national is inadmissible for three years (three year bar). Foreign nationals who are unlawfully present for one year or more are inadmissible for 10 years (10 year bar). If a foreign national has accrued unlawful presence in the United States, then they are deemed inadmissible and illegible to re-enter the U.S. for either the three year or 10 year bar from the date they leave the U.S.

    There is a waiver available for the unlawful presence ground of inadmissibility. Essentially the waiver will waive the three and 10 year bar of inadmissibility. The waiver is only available to foreign nationals with a U.S. citizen or lawful permanent resident (LPR) spouse or parent. Children are not deemed qualifying relatives for the waiver. The first step in the waiver process is for the foreign national to attend an immigrant visa consular interview in their home country. Once the consular officer deems the foreign national is inadmissible and a waiver is available, the foreign national will then file the waiver (form I-601, with the applicable filing fee) and establish there is extreme hardship to the U.S. citizen or LPR spouse or parent if the foreign national were not allowed to return to the United States. The waiver request is discretionary and extreme hardship is only one factor the officer will consider.

    Certain individuals do not accrue unlawful presence and are not subject to the three or 10 year bar. For instance, foreign nationals under 18 years of age do not accrue unlawful presence.

    For more information on the waiver process, and extreme hardship, please call Kraft & Associates at 214-999-9999.

    More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/4VwzqcGxyMc/)


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  • arnab221
    12-20 07:56 PM
    With full due respect to the extremely hard IIT JEE and the brilliance of the students that make it to the IIT , the reason that only 3500 make it from over 150,000 is because of India's staggering population and staggering student numbers . The US has less than a third of US's population and hence Harvard accepts 10% . It is simple math.

    I feel that just because a person could not crack a question in IIT JEE and gets rejected makes him any less smarter than the ones who make it given the small number of seats that used to be sometime back .

    It is good that ye government has now opened a lot more IIT's and IIM's so that more people can get the privilege of going into these elite institutionalism , the ones who missed the Institution because they could not crack one question in the JEE .

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  • GCtension
    10-21 07:53 PM
    Hi All (Please respond)

    I was laid off from company A in MAY 2002 (got salary till 31st May), later joined company B from 1st July 2002, so, I think, I was �out of status� for 1 month, later left company B because of differences on 31st October 2002 (received salary till 31st Oct ) and filed for H1 transfer with other company C on 11th November 2002, I got H1 approval on March 10th 2003, and started working with company C from April 2003 till now, so have 5 months gap between company B and C.

    Was I out of status? If yes, looks like I was out out status for 6 months (5months continues plus 1 month earlier), unfortunately this comes to 181 days (june, nov,dec,jan,feb,march).

    My I-94 was never expired and I went to India in Feb 2007 and got H1B stamping done and entered US with no problem.

    I started my labor with current employer in May 2004 and got I40 approved as well, now filed for 485 in july rush, got EAD and fingerprinting notice, I am worried that my 485 may be denied because of �out of status� in past.

    My Question:
    1.Was I technically out of status and unlawfully present?
    2.How does 180 days calculated? (continues 180 days or 180 days added in two time span like mine)?
    3.If there was any out of status or unlawful present in past, Is it erased after lawful entry in US (I did enter in US this year after H1 stamping in India)?
    4.Is Fingerprinting notice assures that everything is fine except security and criminal check?

    Please help? I am really tensed after reading few forum, This will be horrible emotional set back for me and my family after 6 years in waiting if our 485 is rejected.

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  • harrydr
    01-13 09:34 PM
    Can anyone clear my doubts on the 2 scenarios below. Thanks.


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    09-26 02:16 PM
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  • unbreakable
    11-09 11:30 AM
    Please forgive me if these kind of posts are not allowed (Admins, feel free to remove this post if this is not the correct forum).

    I am getting ready to apply for PIO for our new born (born in US) but one of my friend mentioned about applying for OCI instead.

    The information on eligiblity for OCI in the NewYork consulate website is little confusing. My question is since me and my wife hold Indian passports, would my new born be eligible for OCI?

    Also is there something called CIO (Not Chief Information Officer)?


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  • cgs
    04-02 02:01 PM
    I am not sure if this works or not, but try to create a yahoo group id and add these email addresses as the members of the group.
    Then you can just shoot your e-mail to this group address.

    hmm..nice try, but I would not like to send the email 60-70 times..

    have to do that tonight, if there is no other option.

    any other ideas for hacking yahoo?

    03-11 12:23 PM
    My I-140 was filed via regular processing then later shifted to premium processing in Aug 2006, approved in Oct 2006 Nebraska Center and was received at the NVC in December 2006 and given an NVC Case number.

    I know someone who has a priority date of june 2006 and I-140 approved last january 2007. The document is not yet received by the NVC.

    Which one will the NVC process first? My papers that was received by the NVC first. Or will it still follow the priority date?

    Thank you. Hoping and praying that this retrogression be lifted the soonest time possible.

    01-08 07:03 PM
    A good friend of mine is getting divorced with her husband. The husband is the primary employment based green card applicant and their dates are current.
    Will her I-485 be denied after the divorce?
    The husband is willing to wait till the green card is approved before the divorce.
    If she gets her green card, will it be revoked after the divorce?

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