dreeft
04-08 10:40 PM
*runs through database*
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Blog Feeds
02-10 08:50 PM
Immigration Visa Attorney Blog Has Just Posted the Following:
http://www.immigrationvisaattorneyblog.com/flag_CNMI.gifAll immigration law attorneys must deal with foreign countries, unique international legal issues, and some quaint interpretations of law. The lawyers at Los Angeles' Fong & Chun are no exception, and in fact, this recent change affects some of our clients who do business in or own businesses in the Commonwealth of the Northern Mariana Islands (CNMI).
On 28 November 2008, "the United States" as defined for purposes of the Immigration & Nationality Act (INA) just got bigger, with the addition of the Commonwealth of the Northern Mariana Islands. Although there are probably wrinkles I have not yet read in the treaty, this essentially puts the CNMI on the same footing as Puerto Rico. Here's the cute part:
Because the CNMI will become part of the "United States" as defined by �101(a)(38) of the INA, "residence or presence in the CNMI before 28 November 2009 shall NOT be considered residence or physical presence within the USA for INA purposes. Thus, on 29 November 2009, all persons physically present in the CNMI are considered "to be present in the United States without inspection, by operation of law."
Will these PWIs (present without inspection) be eligible to adjust status? Unclear? Are they working "abroad" for purposes of L visas? Yes, as it turns out. One thing is clear: Legal Permanent Residents (so-called "green" card holders) who wish to base a naturalization application based on physical presence in the CNMI will NOT be able to do so for pre-29 November 2009 periods of time. Isn't this esoterica fun? --jcf
More... (http://www.immigrationvisaattorneyblog.com/2010/02/the-usa-is-bigger.html)
http://www.immigrationvisaattorneyblog.com/flag_CNMI.gifAll immigration law attorneys must deal with foreign countries, unique international legal issues, and some quaint interpretations of law. The lawyers at Los Angeles' Fong & Chun are no exception, and in fact, this recent change affects some of our clients who do business in or own businesses in the Commonwealth of the Northern Mariana Islands (CNMI).
On 28 November 2008, "the United States" as defined for purposes of the Immigration & Nationality Act (INA) just got bigger, with the addition of the Commonwealth of the Northern Mariana Islands. Although there are probably wrinkles I have not yet read in the treaty, this essentially puts the CNMI on the same footing as Puerto Rico. Here's the cute part:
Because the CNMI will become part of the "United States" as defined by �101(a)(38) of the INA, "residence or presence in the CNMI before 28 November 2009 shall NOT be considered residence or physical presence within the USA for INA purposes. Thus, on 29 November 2009, all persons physically present in the CNMI are considered "to be present in the United States without inspection, by operation of law."
Will these PWIs (present without inspection) be eligible to adjust status? Unclear? Are they working "abroad" for purposes of L visas? Yes, as it turns out. One thing is clear: Legal Permanent Residents (so-called "green" card holders) who wish to base a naturalization application based on physical presence in the CNMI will NOT be able to do so for pre-29 November 2009 periods of time. Isn't this esoterica fun? --jcf
More... (http://www.immigrationvisaattorneyblog.com/2010/02/the-usa-is-bigger.html)
gulute
11-13 12:46 PM
I'm not sure the need of physical office for GC, but for H1 transfer and extns you may get RFE for office photos, lease agreement (notarised copy) etc.
All,
We are closing our physical office and going to have a virtual with PO box,. Please let me know how it will impact current and future H1s, Greencard filings and L1s and Business visas.
Is it very important to have a physcial address in the US,
Thanks in advance.
All,
We are closing our physical office and going to have a virtual with PO box,. Please let me know how it will impact current and future H1s, Greencard filings and L1s and Business visas.
Is it very important to have a physcial address in the US,
Thanks in advance.
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GCAmigo
10-26 03:06 PM
There is no FIFO system.. whatever gets picked out of the DUMP gets processed.. I don't think one can draw any conlcusion based on approvals..
more...
i4u
01-11 09:54 AM
Unless you are getting your mother-in-law to the US before you get your GC, it may become a factor but otherwise, it will have no issue
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Disclaimer: I am no lawyer
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Disclaimer: I am no lawyer
jcrajput
10-17 08:14 AM
My I-485 application was rejected because of attached I-130. The rejection reasons was not clear enough and I re-submitted package without removing I-130. Today, I sent USICS a letter requesting to withdraw I-130 application. Don't really know what would happen now...
more...
gdhiren
09-07 03:32 PM
Also folks, don't forget this. We need help from local members on accomodation/transportation.
http://immigrationvoice.org/forum/showthread.php?t=12462
http://immigrationvoice.org/forum/showthread.php?t=12462
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dreamworld
06-21 01:41 PM
There is 180 days rule for h1b without pay and also it is employers responsibility to pay when you are out of project. Also think about option of switching her back to h4.
Looks like you need a clear advise on this. Please consult with an attorney.
Looks like you need a clear advise on this. Please consult with an attorney.
more...
Berkeleybee
04-12 02:20 PM
In the last few weeks, as we worked to get our amendments in, USINPAC (http://www.usinpac.com/) has proved to be a tremendously important ally.
Read our joint press release (http://immigrationvoice.org/index.php?option=com_content&task=blogcategory&id=15&Itemid=43).
We view their continued support as critical to our efforts once the Senate returns from recess.
Read our joint press release (http://immigrationvoice.org/index.php?option=com_content&task=blogcategory&id=15&Itemid=43).
We view their continued support as critical to our efforts once the Senate returns from recess.
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Morty
07-06 03:55 PM
Hi All,
Q1) I would like to take a US consulate appointment for visitor's visa for my father. We are from southern Andhra Pradesh and Chennai consulate is convenient for us. Since Hyderabad has US consulate, does whole of Andhra come under HYD consulate jurisdiction? or can we take appointment in Chennai Consulate? Could you please let me know? My father is going for visa for the first time.
Q2) If visitor passport is expiring in next eight months and if the visitor is residing in US, is it possible to renew the passport here? Or the person has to go back to India and renew the passport there. I would just like to help my parents with the paper work and get it done if possible when they are here.
Your help is appreciated.
Thanks.
Q1) I would like to take a US consulate appointment for visitor's visa for my father. We are from southern Andhra Pradesh and Chennai consulate is convenient for us. Since Hyderabad has US consulate, does whole of Andhra come under HYD consulate jurisdiction? or can we take appointment in Chennai Consulate? Could you please let me know? My father is going for visa for the first time.
Q2) If visitor passport is expiring in next eight months and if the visitor is residing in US, is it possible to renew the passport here? Or the person has to go back to India and renew the passport there. I would just like to help my parents with the paper work and get it done if possible when they are here.
Your help is appreciated.
Thanks.
more...
blogger
10-11 05:20 PM
I currently have an L1 that is valid until Dec 2007. Meanwhile I applied for my H1 this April and I have been approved for H1 (COS) starting OCT 2007. Now my situations demands me to continue on my L1 for another 4 months. I need to send in my extension papers by November as my L1 expires DEC 2007.
PLease let me know if my H1 will be cancelled/invalid if I apply for my L1 extension.
PLease let me know if my H1 will be cancelled/invalid if I apply for my L1 extension.
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jediknight
08-08 08:29 PM
It is possible to "interfile" in this situation, (See AFM Sec. 23.2(l) Transferring an Adjustment of Status Application from One Underlying Eligibility Basis to Another).
However, I do not think you can successfully interfile until your wife's 2010 PD is current. ( See AFM Sec. 23.2(l)(2)(L) The Priority Date must Be Current for the Basis to Which the Applicant Wishes to Convert).
Thanks Ann.
I was hoping that we could interfile before the PD becomes current, so the app could be pre-adjudicated :-)
- JK
However, I do not think you can successfully interfile until your wife's 2010 PD is current. ( See AFM Sec. 23.2(l)(2)(L) The Priority Date must Be Current for the Basis to Which the Applicant Wishes to Convert).
Thanks Ann.
I was hoping that we could interfile before the PD becomes current, so the app could be pre-adjudicated :-)
- JK
more...
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WaitingUnlimited
09-21 11:13 PM
Any advice?
Thanks
Thanks
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Ann Ruben
06-30 07:05 PM
In order to be able to finally adjust status when your priority date become current you must either maintain a continuously valid advance parole or H-1 visa. Alternatively, you could file an I-824 requesting that your approved I-140 be transferred to the National Visa Center so that when your priority date becomes current you can apply at the US Consul in Canada for your immigrant visa.
more...
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razis123
01-24 02:53 AM
what about the july 07 fiasco filers..i know GC will only be given when visa numbers are available but atleast if 485 is approved we know we are half way thru...no matter the files will be licking the dust for years..gurus please share.
Thanks in advance
Thanks in advance
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little_willy
08-06 09:27 PM
Thanks Ann as always!
more...
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eager_immi
07-19 06:32 AM
I did the same thing for my husband. But since they have his h1b papers as well i think it should not be a big probblem.
Thanks
I have already sent my 485 application
1-140 cleared
In the field I94# and expiration I entered I 94 number which is on the white card on the passport and it is the same as the number on my renewed h1 papers.However I entered expiry date from the i94 on the passport,which is oct06 instead of the 010 date in the renewal.
will that be a problem..? CAN I CORRECT IT AFTER I get the reciept no or will thay be able to verify with the latest h1 paper that i94 is valid
Thanks
I have already sent my 485 application
1-140 cleared
In the field I94# and expiration I entered I 94 number which is on the white card on the passport and it is the same as the number on my renewed h1 papers.However I entered expiry date from the i94 on the passport,which is oct06 instead of the 010 date in the renewal.
will that be a problem..? CAN I CORRECT IT AFTER I get the reciept no or will thay be able to verify with the latest h1 paper that i94 is valid
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thomachan72
11-03 02:12 PM
3% seems very good.
Also if you can set aside some money for >3 years, putting it in an NRO term deposit is also pretty good. Now they range around 7.5 to 8%. You can repatriate the interest income after due taxes are paid.
Also if you can set aside some money for >3 years, putting it in an NRO term deposit is also pretty good. Now they range around 7.5 to 8%. You can repatriate the interest income after due taxes are paid.
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alterego
05-04 11:55 AM
You can have a contract written for the required 5 yr period, where you and the employer have a without cause 60 or 90 day opt out clause. Many contracts are structured that way and there have not been problems previously. The main thing is the letter that comes form the State Dep't of heath supporting your petition. Speak with the point person in your state and they will be able to guide you.
Generally it is less complicated to get an employment contract for the NIW commitment duration, however in answer to your question, yes you can also petition on a business plan to open a practice after your 3 yr commitment. The visa retrogression and inability to file 485 may complicate this a little however.
Another distinction you should understand is, once you get an employment agreement, the petition can be filed by your employer or by you. You should self petition since you then control the destiny of the 140 petition. ie. it will not be withdrawn.
Good luck.
Generally it is less complicated to get an employment contract for the NIW commitment duration, however in answer to your question, yes you can also petition on a business plan to open a practice after your 3 yr commitment. The visa retrogression and inability to file 485 may complicate this a little however.
Another distinction you should understand is, once you get an employment agreement, the petition can be filed by your employer or by you. You should self petition since you then control the destiny of the 140 petition. ie. it will not be withdrawn.
Good luck.
gparr
May 6th, 2005, 09:22 AM
...and i see an emerging tarantula! So much for the Rorschak test! :)
Queen, it's good to know you're still receiving treatment for your condition. ;)
Gary
Queen, it's good to know you're still receiving treatment for your condition. ;)
Gary
a_yaja
05-26 09:50 AM
Greetings,
My father (over 60 years) is coming to the States in June 15, and his B1 visa expires on June 24. However, my father is planning to stay until August 20.
My question is:
Will he be able to stay after his visa expiration date?
In other words, when will his I-94 expire?
Regards,
Rasheed
Once your father enters the US, the expiry of the visa does not matter. Your father will be able to stay in the US till the expiry of the I-94.
The expiry of the I-94 will be determined by the officer at the port of entry. Usually, for parents, it is granted for 6 months, but there is no hard and fast rule and it totally depends on the officer who is stamping the I-94. However, I think for B-1, the max. duration is usually six months (again - not 100% sure about this - it could be longer too).
My father (over 60 years) is coming to the States in June 15, and his B1 visa expires on June 24. However, my father is planning to stay until August 20.
My question is:
Will he be able to stay after his visa expiration date?
In other words, when will his I-94 expire?
Regards,
Rasheed
Once your father enters the US, the expiry of the visa does not matter. Your father will be able to stay in the US till the expiry of the I-94.
The expiry of the I-94 will be determined by the officer at the port of entry. Usually, for parents, it is granted for 6 months, but there is no hard and fast rule and it totally depends on the officer who is stamping the I-94. However, I think for B-1, the max. duration is usually six months (again - not 100% sure about this - it could be longer too).