Friday, July 1, 2011

The World Cup Octopus

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  • Paisano
    05-01 08:58 PM
    1) As per the law, you and your husband both are supposed to leave the country the next day. But USCIS generally allows upto 30 days to leave. As per the law, he can not stay for a couple of weeks to look for another job. Both of you are supposed to leave the country.

    2) Yes. You both will be out of status but you will not be accuring unlawful presence if your I-94 is valid. You will start accuring unlawful presence once the employer withdraws H1B petition. The unlawful presence is the one which will make your bar from the country for 3 years (after 180 days and under 1 year) or 10 years (more than a year).

    3) No. It may not be a issue with GC processing. Under 245 rules, unlawful presence upto 180 days is allowed.

    4) You have to submit your I-539 petition along with your husband's H1B petition. Your status is tied to your husband's status.

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  • sri1973
    11-04 05:55 PM
    RD- 08/14/07

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  • gcbeku
    08-12 11:43 AM
    My wife has her H-4 visa expired. She has her papers(I-797) valid until Dec 2010.

    My firm plans on filing an extension for my H1 and my wife's H4 next month. Is it ok for her to stay in India while the H1/H4 extension is getting processed?

    Is it ok to travel via Frakfurt? Would she need a transit visa?

    Please advice. Thank you,for your responses.

    Yes. We faced this problem once. She should either stay in India or the US until the H4 approval notice comes through. Try not to travel after the extension application is filed.

    Remember that if she is in the US, then you will submit her current I-94 which will be renewed by USCIS and that will also appear at the bottom of the I-797 approval notice. If she travels back to the US, then she will get a new I-94 (new number) that will expire in Dec 2010 (she will need a new visa stamp to travel, BTW). You then have to go through the additional steps of sending that to USCIS and/or filing again for extending the "new" I-94.

    I don't know for sure how big of a problem it is, but I think it is a big problem to have an I-94 that does not match what is on the approval notice.

    If she stays in India, however, then she will get a clean H4 approval notice....No I-94 problems there.

    But please check with your lawyers too..

    Transit visa at frankfurt? It might be safer to get it... will save a lot of hassle. Here is a link.

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  • snarla
    06-29 08:46 AM
    First renew your passport as soon as possible.

    After that go to your local CBP office and request for I-94 update by showing your approved H1B petetion. If you are lucky, the CBP official might correct your I-94.

    If not, apply for your H1B extension bfr your I-94 expires( a month bfr will do) as you can file for H1B extension six months bfr the current one expires ...

    Good Luck ...


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  • Navkcl
    06-22 11:49 AM
    Thanks for the advise ...

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  • i99
    09-18 01:46 PM
    Please see another attorney (not through your employer) ASAP. Have and individual consultation. I think the best you can do is to help yourself at this point. Hang in there. :(


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  • karan36
    11-08 02:59 PM
    Approved Asylum in 06. Applied for GC in 07, still pending and received this letter a few days back.
    Your case is on hold because you appear to be inadmissible under ?212(a)(3)(B) of the INA, and USCIS currently has no authority not to apply the inadmissibility ground(s) to which you appear to be subject. Rather than denying your application based on inadmissibility, we are holding adjudication in abeyance while the Department of Homeland Security considers additional exercises of the Secretary of Homeland Security?s discretionary exemption authority. Such an exercise of the exemption authority might allow us to approve your case."

    My question is - I am married to a US Citizen, and have a child(yes I know I should have applied thru her- but did'nt) Can I apply for another GC thru wife.
    Will my Work permit be renewed once it expires.

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  • WaitingYaar
    01-09 09:08 AM
    EB3 I-485 filed in May 2007 with PD in 2002


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  • mhathi
    03-06 02:11 PM
    As far as I know, since you are past 180 days of 485 filing, you are ok. You can stay in the country based on your pending 485 application. You can take whatever time it takes for you to get a job in your same/similar job classification. However, if your 485 is close to approval, then you need to hurry to find the job, since a job offer is required at the time of adjudication of 485. This will depend on your country of chargeability and PD. If you are from India/china/philippines/mexico with a later PD, you should be ok as long as you find a job in the same or similar classification.

    Others can correct me if I am wrong.

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  • Solidblue777
    05-29 01:39 PM
    Hello All,

    I want to file EAD and AP for the first time ( did not apply in July 2007 )without attorney (self file), Could someone please help me in understanding if Efile is better or paper filing ?.

    Also, Could you please let me know from where I can find latest EAD and AP forms and documentation required to be sent along with EAD and AP applications.

    Appreciate your help!!

    Thank you.


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  • anai
    06-20 05:07 PM
    Here is an excerpt from the link below.. it sounds crazy

    "Visa numbers can retrogress in the middle of a month and become unavailable without prior notice. If there is a mid-month retrogression, USCIS could elect to stop accepting adjustment applications. While this is unlikely to occur in July 2007, it becomes more and more possible as the fiscal year progresses. "

    I hope this doesnt happen.

    Is this just a reference to how dates are generally published in the middle of the month? Could Fragomen be simply saying that it is unlikely that the visa bulletin published in the middle of the month of July will have the dates retrogressed, but later mid-month bulletins (in Aug etc.) could bring news of retrogresssion?

    Note that the first sentence of the paragraph from which "averagedesi" has quoted says that "Though the principal employment-based categories are current for July, future retrogression is possible ...." This seems to indicate that they will remain current throughout July, which is what we know/believe.

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  • imh1b
    10-26 08:44 AM
    USCIS - USCIS Issues Two Precedent Appeals Decisions ( D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)

    USCIS Issues Two Precedent Appeals Decisions

    WASHINGTON�U.S. Citizenship and Immigration Services (USCIS) today announced that it has issued two decisions from the USCIS Administrative Appeals Office (AAO) as binding precedent for the agency. These decisions will provide guidance to USCIS adjudicators and help deliver predictability to the public. AAO precedent decisions result from a collaboration between the U.S. Department of Homeland Security (DHS) and the U.S. Department of Justice (DOJ), which publishes the cases.

    "The issuance of AAO precedent decisions honors USCIS�s commitment to the clear and consistent application of the immigration laws," said USCIS Director Alejandro Mayorkas. "We are grateful for the Justice Department�s partnership in our efforts to promote predictability in immigration-benefits cases." USCIS is committed to issuing further precedent decisions going forward, given their value to the agency and the public.

    An AAO precedent decision is an immigration-appeals case that DHS, with the Attorney General�s concurrence, designates as establishing a rule for deciding future cases. Once published by DOJ, AAO precedent decisions bind all DHS personnel in the administration of the immigration laws. DOJ publishes the decisions in the bound volumes of the "Administrative Decisions Under Immigration and Nationality Laws of the United States" (I&N Dec.), which also contain the precedent decisions of the DOJ�s Board of Immigration Appeals.

    The first decision affirms USCIS�s denial of an application to adjust status to permanent residence and holds that an employment-based petition must be "valid" initially if it is to "remain valid with respect to a new job." The second decision reverses USCIS�s denial of an application to preserve residence for naturalization purposes and clarifies the definition of employment by an "American firm or corporation."

    For more information on USCIS and its programs, visit USCIS Home Page (


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  • dbevis
    February 14th, 2004, 05:51 PM
    Photoshop - the Clone Stamp tool to the rescue...
    ...would you notice the editing if you didn't know about it?

    It took me a while to even realise what you had done. There are three feathers that look alike on the lower neck, but I'd never known you did anything if you hadn't pointed it out.


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  • san7887
    06-29 05:31 PM
    This is SAD, but what have to do with "Imigration Voice Issues and Congressional updates"? >
    thats my exact question......???


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  • SageDad
    03-16 06:50 AM
    Hi to all,
    I met with a potential client who is an illegal immigrant living in the US. She has a child who is a US citizen. The father was voluntarily deported and the mother gave him permission to take the child back to their home country to visit the grandparents. The father was supposed to make sure the child returned to the US within 3 months. It has been 6 months. If my client files an application under the Hague Convention on the Civil Aspects of International Child Abduction, will the US Government begin deportation proceedings?

    She should file the Hague application. Her immigration status should not be an issue. This link can give you more information:

    International Family Law: Hague Abduction Convention and Immigration Status (

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  • nat23
    12-11 09:48 AM
    I have an appointment for H1B visa stamp @ the toronto consulate next week. This will be my second stamp (first one expired early this year).

    I received a phone call from the consulate asking for my H1B receipt/notice dates and receipt number, etc...She told me that there is new rule where USCIS has to verify the I-797 petition even though you carry an original approval notice. With this rule in effect...she told me the passport wait time is miminum of 4 days.

    I already booked my tickets 2 weeks ago. I'm confused. Has anyone else received a call or have recently obtain H1B stamp in toronto?

    I was hoping to come back in few days and now it's going to cost me $$$$$. I wish NVARS told me this when I signed up for the appointment.


    This is the new rule and went into effect from last week of Nov. It is not only for the Consulate in Toronto but all US Consular posts in Canada atleast.


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  • reddy_h
    08-12 02:02 PM
    Unfortunately no! Only your employer or lawyer can tell you.

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  • jelo
    02-10 10:31 AM
    Just could have been a clerical error. Even this is my guess. Because I am running out of reasons for triggering that question.
    Thanks alot for responding

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  • hara_patta_for_rico
    07-17 01:47 PM
    There is an on AILA titled...Update (Such As It Is) on the Visa Bulletin Debacle (Updated 2pm)
    Does anyone know what it is about?

    10-09 04:49 PM

    In case if your attorney send you a copy I-485 application, you should have
    your I-140 approval or receipt number with your I-485 application copy.


    06-04 12:46 PM

    Which state you are working in? If USCIS thinks Nebraska Service centre has the jurisdication for your I-485 based on Job location then their is nothing to worry.

    Maybe your PD is current and USCIS wants to complete processing of your I-485.

    I am in the same situation, my I-140 was approved from TSC about 3 months back in March 2008, and I-485 pending at NSC since august 2007. I work out of WA state.

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