Blog Feeds
08-07 09:40 AM
Before starting the application process for permanent immigration, foreign nationals who enter the United States on non-immigrant visas (NIV) are considered to be here temporarily. The law presumes NIV holders intend to return to their home countries at the end of their stay in the United States. There are many NIV categories — student visas, business visas, visas for tourism, and investor treaty visas to name a few. While NIV applicants must have the intent to return to their home country, there are a few non-immigrant categories that allow a person to have dual intent, that is, to intend to be here temporarily now but eventually to immigrate. Prior to permanently immigrating to the United States, a foreign national will generally enter on a non-immigrant visa (dual intent NIV).
All NIV applicants are required to fill out an application form to the appropriate consular post and submit the DS forms according to the NIV category they are applying. The current forms available are DS-156, 157, 158, 156K, 3032). Currently, twelve consular posts are required to use Form DS-160, a Web-based NIV application form that incorporates all of the current NIV forms into one format via the Web site. When an NIV applicant fills out the form, the applicant has the option of uploading a digital photo. Once the form is submitted online, the NIV applicant will receive a confirmation page. The new DS-160 form is required in twelve posts (including Mexican and Canadian posts, Dublin, Hamilton, Hong Kong, and Tripoli), and the DS-160 form advances the NIV process since it is submitted in advance of the interview.
NIV applicants should make sure to utilize the appropriate DS form according to the consular post requirements currently in place.
Please call us at 214-999-9999 and we will answer your non-immigrant visa questions.
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/5MRHnpvj3u4/)
All NIV applicants are required to fill out an application form to the appropriate consular post and submit the DS forms according to the NIV category they are applying. The current forms available are DS-156, 157, 158, 156K, 3032). Currently, twelve consular posts are required to use Form DS-160, a Web-based NIV application form that incorporates all of the current NIV forms into one format via the Web site. When an NIV applicant fills out the form, the applicant has the option of uploading a digital photo. Once the form is submitted online, the NIV applicant will receive a confirmation page. The new DS-160 form is required in twelve posts (including Mexican and Canadian posts, Dublin, Hamilton, Hong Kong, and Tripoli), and the DS-160 form advances the NIV process since it is submitted in advance of the interview.
NIV applicants should make sure to utilize the appropriate DS form according to the consular post requirements currently in place.
Please call us at 214-999-9999 and we will answer your non-immigrant visa questions.
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/5MRHnpvj3u4/)
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kaisersose
10-11 06:00 PM
Dude,
You are already out of status as you are not on L anymore. As of october 01st, your status changed to H-1b and you can only be employed by your H-1b employer.
Talk to a lawyer who knows L stuff (not many do) and straighten things out.
You are already out of status as you are not on L anymore. As of october 01st, your status changed to H-1b and you can only be employed by your H-1b employer.
Talk to a lawyer who knows L stuff (not many do) and straighten things out.
JazzByTheBay
09-03 09:26 AM
Take a look at the Instructions PDF - it answers all your questions, including those about filing fees, documents, and where to file:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b11747a55773d010VgnVCM10000048f3d6a1RCR D
jazz
Can someone post the answers for the below questions:
- List of documents to be sent for AP Paper based Renewal
- I live in VA, to which service center should i send the documents?
- My AP expires on 01/07/2009. How early can i apply for the renewal?
- Should i answer the QUESTION 4 from I-131 document?
Have you ever before been issued a reentry permit or refugee travel?
Thanks in advacne.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b11747a55773d010VgnVCM10000048f3d6a1RCR D
jazz
Can someone post the answers for the below questions:
- List of documents to be sent for AP Paper based Renewal
- I live in VA, to which service center should i send the documents?
- My AP expires on 01/07/2009. How early can i apply for the renewal?
- Should i answer the QUESTION 4 from I-131 document?
Have you ever before been issued a reentry permit or refugee travel?
Thanks in advacne.
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anilsal
12-13 01:15 PM
The conference call will be deferred to the same time (8pm Central, 9pm Eastern) on December 16, 2006. This is to accomodate Pappu to give an update on what exactly happened in DC.
more...
sammyb
10-30 11:28 PM
My wife had concived for 3 days in June. During immigration medical exams Doctor gave her MMR shots and stated don't get pregnant for another 3 months.
After 15 days, We came to know that she is pregnant.
last week my wife had miscarriage after 18 weeks of pregnancy. Not sure it's because of MMR or something else.
can't comment on the connection between MMR and MC but whatever may be the reason a MC is always very painful ... we also had gone thru the same agony and pain last year though the reason for MC was unrelated than yours ... this year we are blessed with a baby boy .... do follow the OBGY's advice and if suggested do the D&C (personal opinion offcourse but it was a great help for us) ..
will wait for the good news from your guy's side in next couple of month's time ...
After 15 days, We came to know that she is pregnant.
last week my wife had miscarriage after 18 weeks of pregnancy. Not sure it's because of MMR or something else.
can't comment on the connection between MMR and MC but whatever may be the reason a MC is always very painful ... we also had gone thru the same agony and pain last year though the reason for MC was unrelated than yours ... this year we are blessed with a baby boy .... do follow the OBGY's advice and if suggested do the D&C (personal opinion offcourse but it was a great help for us) ..
will wait for the good news from your guy's side in next couple of month's time ...
IN2US
07-27 02:20 PM
Hello,
The new fee structure goes into effect Aug 17.
I vaguely remember reading an anecdote that there is no need to pay yearly renewal fees in the new fee structure. (Am I right?) Please share your views.
--- Not true, you have to renew your EAD/AP every year.
Are there any advantages to filing per new fees?
--- Oh yeah, you will be listed in 2007 Forbes List of "THE RICH" if you are able to afford the new fees structure :) and also ................that is it .
take it easy :)
The new fee structure goes into effect Aug 17.
I vaguely remember reading an anecdote that there is no need to pay yearly renewal fees in the new fee structure. (Am I right?) Please share your views.
--- Not true, you have to renew your EAD/AP every year.
Are there any advantages to filing per new fees?
--- Oh yeah, you will be listed in 2007 Forbes List of "THE RICH" if you are able to afford the new fees structure :) and also ................that is it .
take it easy :)
more...
Mahatma
08-21 04:37 PM
Dear Immigration lawyer and fellow Ivians,
I received GC with my wife and one minor son. Other minor son's status did not change. Today I am seeing following hard LUD on my son's I-485.
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: This case has been sent for a standard interview.
On August 21, 2008, we transferred this case to our NATIONAL BENEFITS CENTER location to conduct the interview that is a standard part of processing this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. You will be sent a notice when the interview is scheduled, or if the office needs something from you. If you move while this case is pending, call customer service.
Do I need to worry? Normally for employment based adjustment of status, interview is not required. Could this be USCIS error? Do I need to do anything?
Thanks for your help and advice!
I received GC with my wife and one minor son. Other minor son's status did not change. Today I am seeing following hard LUD on my son's I-485.
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: This case has been sent for a standard interview.
On August 21, 2008, we transferred this case to our NATIONAL BENEFITS CENTER location to conduct the interview that is a standard part of processing this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. You will be sent a notice when the interview is scheduled, or if the office needs something from you. If you move while this case is pending, call customer service.
Do I need to worry? Normally for employment based adjustment of status, interview is not required. Could this be USCIS error? Do I need to do anything?
Thanks for your help and advice!
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sparky_jones
03-03 02:19 PM
Hmm...so the Name Check hell is back.
more...
Jipjap74
04-15 11:44 AM
I am from Ireland and its for a Multi national manager or executive. My attorney told me that form her experience it takes 4-6 weeks after approval of the I-140 as the visa numbers are current. Bit apprehensive to give the company as I dont see a need for anyone to know this info???
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Blog Feeds
03-08 01:00 PM
Great tip from AILA for our H1B (http://www.h1b.biz/lawyer-attorney-1137085.html) filers trying to beat the rush. Because you cannot submit an LCA earlier than six months prior to the beginning date of the period of intended employment (20 CFR � 655.730(b)), if you want your LCA in hand before April 1, then set your employment start date on the LCA for a date in September, and set the expiration date for a date no more than three years hence. File the I-129 with a start date of October 1, but with an expiration date that coincides with the expiration date of the LCA. You will lose a couple of days on the back end of the petition by doing this, but you will get the LCA filed and back before April 1.
Example:
LCA start date: 9/1/10
LCA end date: 8/31/13
Form I-129 start date: 10/1/10
Form I-129 end date: 8/31/13
Due to delays in receiving approved LCAs, take the proper precautions and file your LCA early to avoid any undue delays.
Although under certain circumstances USCIS has agreed to accept H-1B petitions for processing that include LCAs that have not been certified, attorneys should understand that if the LCA submitted with the H-1B petition is eventually denied, the H-1B (http://www.h1b.biz/lawyer-attorney-1137085.html) will be denied, even if a subsequent certified LCA is submitted. This is even true where the denial is due to DOL error in not being able to verify a petitioner's FEIN. However, USCIS has also indicated that if the sole reason for failing to apply for an Extension of Status or Change of Status is due to DOL delay in the certification process, USCIS may look at the totality of the circumstances in determining whether to accept the late filing.
Bottom line is that getting an approved LCA before April 1, 2010 is crucial. Pay attention to detail and get the files ready in advance is a must.
More... (http://www.visalawyerblog.com/2010/03/h1b_visa_lawyer_getting_the_lc.html)
Example:
LCA start date: 9/1/10
LCA end date: 8/31/13
Form I-129 start date: 10/1/10
Form I-129 end date: 8/31/13
Due to delays in receiving approved LCAs, take the proper precautions and file your LCA early to avoid any undue delays.
Although under certain circumstances USCIS has agreed to accept H-1B petitions for processing that include LCAs that have not been certified, attorneys should understand that if the LCA submitted with the H-1B petition is eventually denied, the H-1B (http://www.h1b.biz/lawyer-attorney-1137085.html) will be denied, even if a subsequent certified LCA is submitted. This is even true where the denial is due to DOL error in not being able to verify a petitioner's FEIN. However, USCIS has also indicated that if the sole reason for failing to apply for an Extension of Status or Change of Status is due to DOL delay in the certification process, USCIS may look at the totality of the circumstances in determining whether to accept the late filing.
Bottom line is that getting an approved LCA before April 1, 2010 is crucial. Pay attention to detail and get the files ready in advance is a must.
More... (http://www.visalawyerblog.com/2010/03/h1b_visa_lawyer_getting_the_lc.html)
more...
valluriraja
02-12 06:37 PM
Hi all,
Any one can please help me, I am leaving at Atlanta, Georgia, I have 5 years old son his passport is going expire next month so I would like to apply. Any could tell me what are the documents required, what form I need to fill, fee, where can I apply for renewal etc......
Thank you in Advance..
Thanks,
Raj
Any one can please help me, I am leaving at Atlanta, Georgia, I have 5 years old son his passport is going expire next month so I would like to apply. Any could tell me what are the documents required, what form I need to fill, fee, where can I apply for renewal etc......
Thank you in Advance..
Thanks,
Raj
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mk26
07-14 12:33 PM
For me, company is moving to another town but same county , will this a problem ? is there any link to DOL site for this info?
more...
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va_il
04-03 11:39 PM
I have just gone thru March recording of IV lawyer call and the below caught my attention. Ms Susan mentioned that any company name change after I140 approval has to refile I 140. I am utterly confused as that particular scenario affect me and i would like to know what best course of action i can take at this point.
I filed LC and I 140 with company A
My I 140 got approved
Before i filed my I 485 my company changed its name
I asked my attorney at that time if we need to take any special action
Attorney said they can just add an amendment while applying for I 485 about name change and apply with approved I 140, which is with old company name.
I and my wife work on EAD for past 3 years and i am still employed with same company. I wonder which one of above attorney is correct and what i should do.
Does the fact that my I485 is pending for more than 180 days after approval of my I 140 will come to rescue in case of question about company name change (AC21)
I filed LC and I 140 with company A
My I 140 got approved
Before i filed my I 485 my company changed its name
I asked my attorney at that time if we need to take any special action
Attorney said they can just add an amendment while applying for I 485 about name change and apply with approved I 140, which is with old company name.
I and my wife work on EAD for past 3 years and i am still employed with same company. I wonder which one of above attorney is correct and what i should do.
Does the fact that my I485 is pending for more than 180 days after approval of my I 140 will come to rescue in case of question about company name change (AC21)
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jettu77
05-12 02:34 PM
I am having my EAD and AP and I am not using my EAD.
EAD expires Sept 08
AP expires Oct 08
My question is
Can I renew AP only ?
If, I do not renew EAD will it be a problem in the future ?
Can I renew it after EAD has expired ?
Also, If I am renewing AP only, when does the 120 days rule come into picture.
Is it with the AP date or EAD date.
Your input will be appreciated.
EAD expires Sept 08
AP expires Oct 08
My question is
Can I renew AP only ?
If, I do not renew EAD will it be a problem in the future ?
Can I renew it after EAD has expired ?
Also, If I am renewing AP only, when does the 120 days rule come into picture.
Is it with the AP date or EAD date.
Your input will be appreciated.
more...
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cilantro
11-28 08:39 AM
My wife has H4 stamped and valid till Nov 2008 but from Oct 2007 she changed her status to H1B. She has I797. My question is when she goes to India does she need to stamp H1 B or she can reenter on already stamped H4 ?
Please Let me know this information.
Please Let me know this information.
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desi3933
11-22 12:26 PM
Hi,
Need advice from an attorney:
My I-94 expires in december 2010. I have an approved Advance parole till Dec 2011(I485 is pending). Is it required to travel outside the country and get a new I-94 ?
2. Is there a source on the Net that I can refer to that explains this?
Thanks,
AjaySri
If you are maintaining H-1B status, you can file for status extension and will get new I-94.
If you are using EAD and have I-485 pending "status" then I-94 extension is not necessary.
________________________
Not a legal advice.
US citizen of Indian origin
Need advice from an attorney:
My I-94 expires in december 2010. I have an approved Advance parole till Dec 2011(I485 is pending). Is it required to travel outside the country and get a new I-94 ?
2. Is there a source on the Net that I can refer to that explains this?
Thanks,
AjaySri
If you are maintaining H-1B status, you can file for status extension and will get new I-94.
If you are using EAD and have I-485 pending "status" then I-94 extension is not necessary.
________________________
Not a legal advice.
US citizen of Indian origin
more...
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Ann Ruben
01-21 07:54 PM
Please clarify:
When was your labor cert. application filed?
Is it still pending?
On what date did you first enter the US in H-1 status or first obtain a change of status to H-1?
Since you first entered the US in H-1 status or since you first changed status to H-1 have you spent any time out of the US?
If so, how many days?
When in 2008 did your new employer file its H-1 petition for you?
When was your labor cert. application filed?
Is it still pending?
On what date did you first enter the US in H-1 status or first obtain a change of status to H-1?
Since you first entered the US in H-1 status or since you first changed status to H-1 have you spent any time out of the US?
If so, how many days?
When in 2008 did your new employer file its H-1 petition for you?
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lonedesi
09-22 02:48 PM
http://www.immigration-law.com/
Under Breaking News
Under Breaking News
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eastindia
12-20 04:22 PM
Very good documentary
Anti-immigrant losers programmers can't match these skills. These IITians are best and the brightest.
<object width="425" height="344"><param name="movie" value="http://www.youtube.com/v/mJuSL96MIkU&hl=en_US&fs=1&"></param><param name="allowFullScreen" value="true"></param><param name="allowscriptaccess" value="always"></param><embed src="http://www.youtube.com/v/mJuSL96MIkU&hl=en_US&fs=1&" type="application/x-shockwave-flash" allowscriptaccess="always" allowfullscreen="true" width="425" height="344"></embed></object>
http://www.youtube.com/watch?v=mJuSL96MIkU
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<object width="425" height="344"><param name="movie" value="http://www.youtube.com/v/mJuSL96MIkU&hl=en_US&fs=1&"></param><param name="allowFullScreen" value="true"></param><param name="allowscriptaccess" value="always"></param><embed src="http://www.youtube.com/v/mJuSL96MIkU&hl=en_US&fs=1&" type="application/x-shockwave-flash" allowscriptaccess="always" allowfullscreen="true" width="425" height="344"></embed></object>
http://www.youtube.com/watch?v=mJuSL96MIkU
OLDMONK
06-16 08:35 PM
Use I-134 instead which is used for EB petitions.
InThemoment is right. I got I-134 from my attorney for 485 filing..
InThemoment is right. I got I-134 from my attorney for 485 filing..
USABrightFuture
03-01 01:52 PM
Its been updated
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