Wednesday, June 29, 2011

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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)




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  • Ram_C
    09-12 04:51 PM
    Just saw this one:

    http://travel.state.gov/visa/frvi/bulletin/bulletin_3800.html

    Hope this helps.

    Regards,
    kamdard.

    kamdard,
    Thanks for your enthusiasm in sharing the Oct visa bulletin news, will you please consider contributing to Sep 18th DC Rally in any of following ways

    1. Attend / Sponsor DC Rally and let your voice be heard.
    2. spread the word about DC Rally http://immigrationvoice.org/forum/showthread.php?t=11694
    3. collect signatures on petitions
    4. Join your State Chapter and volunteer the efforts of IVhttp://immigrationvoice.org/forum/showthread.php?t=11684
    5. make / collect Donations for the Rallyhttp://immigrationvoice.org/forum/showthread.php?t=11689
    6 or in any other way you can think of




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  • paulkurni
    06-07 12:46 PM
    I am on H1b and work for a desi consultancy company. My project with a client ended some time ago and due to bad market, I have been so far, unable to get onto another project. Now my employer is asking me to go back to my country for some time as I dont have a project in hand. I am worried that this may result in canceling of my H1b visa. However, employer is trying to assure me that he won't cancel it. I am wondering has anybody (somebody you know) been in this kind of situation. FWIW, I do have an american undergrad degree and have been living here legally and lawfully for past nine years.




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  • hebbar77
    03-17 06:20 PM
    Hi Folks.
    Whats the cost of filing a motion to reopen the case 485 if wrongly rejected(either due to using AC21...). I mean lawyer fees + other fees.
    I am sure there are folks here who went through this.



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  • Aah_GC
    08-07 01:47 PM
    This is a very important question. Gurus could you please answer?




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  • AdilAhmed
    04-28 04:54 PM
    cool thanks, r there any tutorials for this?



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  • veni001
    07-14 05:34 PM
    I believe if employer move to next door i don't think DOL will ask yoru employer to refile, but if your employer move to a different city/town even in the same county, YES he need to start the process all over again.
    :(
    What is the acceptable distance?. My office moved to a place near by my old office location to save rental expenses. Does that mean that I have to start all over again? this is insane. :confused:




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  • Aah_GC
    08-07 01:47 PM
    This is a very important question. Gurus could you please answer?



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  • ak_manu
    08-12 09:16 PM
    Hey Man,

    Not sure if this is right web site...But I hope it is...Check it out...

    http://www.usvisa-mexico.com/visa-web/index.jsp?locale=es_MX




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  • zeal2005
    03-02 01:31 PM
    Its hard to say what is SAME OR SIMILAR. I am stuck up with the same issue. My GC was filed for the position of Software Engineer and I changed the job with same responsibilities but job title is Project Manager. My attorney is not comfortable with that even though the responsibiities are same in the new job.
    Its better not take this AC21 path unless you are 100% sure that your new job is same as the old job.
    Experts please advise.



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  • Bodran
    08-11 12:57 PM
    I have a 16 year old should I sign his immigration forms or must he?
    Regards




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  • admin
    01-31 10:06 PM
    A lot of positives for us in this address.

    From http://www.whitehouse.gov/news/releases/2006/01/20060131-8.html

    Immigration Reform Must Be A Priority. America needs an immigration system that upholds our laws, reflects our values, and serves the interests of our economy. Our nation needs orderly and secure borders. To meet this goal, we must have stronger immigration enforcement and border protection. And we must have a rational, humane guest worker program that rejects amnesty, allows temporary jobs for people who seek them legally, and reduces smuggling and crime at the border.

    From http://www.whitehouse.gov/news/releases/2006/01/20060131-5.html

    Also the American Competitiveness Initiative commits $5.9 billion in FY 2007, and more than $136 billion over 10 years, to increase investments in research and development (R&D), strengthen education, and encourage entrepreneurship and innovation. The President's comprehensive strategy to strengthen America's competitiveness includes: Attracting and retaining the best and brightest to enhance entrepreneurship, competitiveness, and job creation in America by supporting comprehensive immigration reform;

    Enabling The World's Most Talented Individuals To Put Their Skills To Work For America Will Increase Our Productivity, Improve Our International Competitiveness, And Create Many High-Paying Jobs For Americans. The President supports attracting and retaining the best and the brightest high-skilled workers from around the world by reforming the Nation's immigration system, while maintaining national security priorities. The President's comprehensive plan for immigration reform meets the needs of a growing economy, allows workers to provide for their families while respecting the law, and enhances homeland security by relieving pressure on the borders.



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  • OLDMONK
    06-17 02:57 PM
    A# wont start with EAC..

    Read above post, It is a number starting with A and looks like A099 XXX XXX usually found on I140. I dont think this number is alloted anytime before an immigrant petition is filed.


    MRSR question for you. My sons/wifes I94# is different based on actual I94 (last entry) and H4 approval notices (done after entry). Mine remained same. Dilemma which number should i use in their forms.




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  • chem2
    08-29 10:21 PM
    This law only applies to H1-B filing fees paid to USCIS. Your employer is still legally allowed to collect any attorney fees for filing your petition from you.



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  • reapit
    03-22 04:54 AM
    Hi,

    Can i transfer my H1 while in India? I have a stamped visa valid till June 2011 and am planning to change my employer

    Thanks,
    Bikash




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  • mgakhar
    02-28 11:28 AM
    I had posted a similar question a few weeks back and here is the link to it. I followed leoindiano's advice and got my FP notice just y'day ...

    http://immigrationvoice.org/forum/showthread.php?t=17261

    Hope this helps.

    MG.



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  • sac-r-ten
    05-05 02:48 PM
    I will be happy to share the reason, if it was known to me.
    But my company & their attorney are not sharing any details..
    Left with no choice.. but to wait with hope..

    Better to start new labor process if your are nearing 6th year on H1. these audits take forever and mostly have -ve results. and the employers/attorneys are not helpful either.

    good luck




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  • radhikac
    01-09 11:33 PM
    I did about 3 APs and EADs myself this is not so important. I had left it blank. The most important thing I remember is my EAD got rejected was when I picked the wrong section for the Basis of EAD (which is a bunch of codes). Please make sure you pick the right one here, if your in doubt dont fill the form till you know the exact answer.
    Hope that helps.




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  • Roni
    06-11 10:43 PM
    My employer let me signed 3 contracts. First was for the year 2006 then two for 2007. They said they just changed a few things but it is the same. The previous two contracts said if ever employment is terminated prior to an agreed date, reimbursement to the employer will be pro-rated. The 3rd contract was changed to reimbursing the employer the full amount of the contract which means H1B fees, recruitment fees, sign-on bonus and reimbursement. I was not aware that they've changed the reimbursement because I did not read the third contract anymore because they said it's the same.

    Is it legal for the employer to charge the H1B employee the H1B fees, recruitment fee, sign-on bonus and reimbursements? I applied directly to my employer but they hired a recruiter and was just made aware of the huge amount after working for 3mos with them. They never gave me a copy of the total amount of my contract until I asked for it.

    They filed for my I-140. It was already approved and just waiting for the I-485 to be filed.

    Thank you so much for your help.




    bharat2008
    02-09 10:36 AM
    Thank you Elaine .My PD is 2008 EB3.




    a1b2c3
    08-21 11:51 PM
    My PERM for EB3 has been approved on July 2008. My I-140 is pending. 485 has not been submitted yet. I don't have EAD card either. For some reason, I have to change job.

    My question is, if my current employer will not revoke my current I-140 sponsorship, even I have left company, and in case my current I-140 will be approved, can my priority date be carried over?

    Bunch of thanks!!

    Make sure you get a copy of approved I-140.



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