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Thursday, June 30, 2011

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  • gsc999
    04-02 03:51 PM
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  • Blog Feeds
    06-09 02:10 PM
    http://4.bp.blogspot.com/_HrmmM9Zhq1c/SilBSACsmZI/AAAAAAAAAJY/50RrtyFpIOs/s200/gay+wedding.jpg (http://4.bp.blogspot.com/_HrmmM9Zhq1c/SilBSACsmZI/AAAAAAAAAJY/50RrtyFpIOs/s1600-h/gay+wedding.jpg)
    Sen. Patrick Leahy ( D-Vermont ) introduced the Uniting American Families Act ( S. 424 ) earlier this year; it has 18 co-sponsors. The bill would allow same sex couples the same immigration rights as married heterosexual couples. Passage of the bill is likely to be tied to overall immigration reform.


    At the moment, same-sex partners of legal immigrants do not have the same rights to dependent status that heterosexual spouses get. This is true even if the couple is legally married in their home country. Often, the "dependent" partner must apply for a B-2 visitor visa at the consulate, to accompany his/her partner. This visa is discretionary, and consulates could refuse to issue it. In addition, B-2 status does not allow the dependent partner to work in the US. Many heterosexual dependent spouses have a status that doesn't allow them to work either, however.

    As the New York Times (http://www.nytimes.com/2009/06/03/us/politics/03immig.html) reports:

    Senator Leahy�s bill would add the term �permanent partner� to sections of current immigration law that refer to married couples, and would provide a legal definition of those terms.

    �I just think it�s a matter of fairness,� he said Tuesday in an interview, noting that a number of American allies, including Canada, France and Germany, recognize same-sex couples in immigration law. Photo by http://www.flickr.com/photos/boscobridalexpos/

    http://immigrationvoice.org//blogger.googleusercontent.com/tracker/2893395975825897727-1281256503142232618?l=martinvisalaw.blogspot.com


    More... (http://martinvisalaw.blogspot.com/2009/06/immigration-rights-for-gay-couples.html)





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  • San_Chez
    03-24 04:45 PM
    muni k,

    i am in a similar situation. i consulted a lawyer who said that even 1 day spent out the country can & must be taken in to account (for the 365 day eligibility). as long as your PERM LC was filed, you should not have a problem.

    good luck!





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  • gsc999
    04-02 02:37 PM
    Attention Northern California State Chapter Members:

    We have a conference call to discuss our AdminFix - Phase II strategy. Please mark your calendar and attend.

    When: Thursday(04/03) @ 7:00 p.m. to 7:45 p.m.
    Where is the call in info: Already posted in the Northern California state chapter group.

    Given the success coming out of Phase I, there is tremendous potential for a big change in the green card process by implementing Phase II

    Other state chapter members who are in the midst of planning for Phase II are also welcome to join. But you have to belong to a state chapter in order to participate

    Lets do this guys.

    PS: If you live in Northern California and aren't member of Northern California state chapter, PM me your phone number and e-mail Id so that we can get you all setup



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  • gc28262
    07-31 09:18 AM
    EbImmigrationReference: The effect of an employer withdrawal of an I-140: Ron Gotcher (http://ebimmigrationreference.blogspot.com/2010/07/effect-of-employer-withdrawal-of-i-140.html)





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  • p_kumar
    12-07 03:42 PM
    Does USCIS usually says this. i assume it should say "AP approved " or something similar. Have anyone seen this message on tracking your online case status.

    Thanks for any info.

    Regards,
    MK

    Hope i am wrong but that looks like a denial.



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  • spicy_guy
    12-28 12:36 PM
    Congrats! Shortest journey.
    On the way to get your GC in about 3 months?!?!?

    So this reduced your GC wait period from "uncertain or 15 years" to 3-5 months Max!
    What a change!





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  • goel_ar
    03-06 06:35 PM
    I-140 approved. I haven't applied for I-140 yet.

    I am looking to move to different position with similar job responsibilities within my company.

    I spoke to company's internal legal dept - and as per them they would require -

    a) My current job responsibilty as filed on GC app
    b) New Job responsibilties from new manager
    c) A note from new manager stating that new job responsibilities are similar to current one.

    With this documentation, I could use my existing I-140 & don't have to file for H1-B, labor & I-140 again.
    Do I need to be concerned for anything else?

    Thanks,



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  • slinkyart
    11-18 10:45 AM
    It actually reminds me of those socks that they make that are all different colors that have the little spot for your toes!





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  • Blog Feeds
    09-10 07:50 PM
    Hunton Immigration and Nationality Law Blog Has Just Posted the Following:
    On July 1, 2010, the Vital Statistics Office of the Commonwealth of Puerto Rico began issuing new, more secure Puerto Rican birth certificates to US Citizens born in Puerto Rico. As of October 1, 2010, all certified copies of Puerto Rican birth certificates issued prior to July 1, 2010, will no longer be valid. Accordingly, the Citizenship and Immigration Services (USCIS) issued a press release providing guidance to US employers with regard to the I-9 process. For new employees, employers may continue to accept all Puerto Rican birth certificates through September 30, 2010; after that date, only the new Puerto Rican birth certificates (issued on or after July 1, 2010) we be acceptable for I-9 purposes. Therefore, as of October 1, 2010, employers must pay close attention to the issuance date of Puerto Rican birth certificates presented for I-9 purposes.

    For existing employees, there is no need to re-verify the employment authorization of employees who previously presented pre-July 1, 2010, Puerto Rican birth certificates. Federal Contractors subject to the Federal Acquisition Regulation E-Verify clause may continue to accept all Puerto Rican birth certificates prior to October 1, 2010, but beginning on that date, only the new Puerto Rican birth certificates issued on or after July 1, 2010, will be acceptable. Federal Contractors may not ask for the newer version during I-9 reverification of those individuals who previously presented the older version of the Puerto Rican birth certificates.

    The USCIS memo can be found here (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=45e3285ca77fa210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD).


    http://feeds.feedburner.com/~r/HuntonImmigrationAndNationalityLawBlog/~4/25g-Wwo_N40



    More... (http://feeds.lexblog.com/~r/HuntonImmigrationAndNationalityLawBlog/~3/25g-Wwo_N40/)



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  • Shawn
    April 1st, 2005, 08:48 PM
    You might want to check out this link:
    http://andrzejdragan.com/
    To me it seems like his pictures are superb and it seems like you are following his style. But he seems to have perfected his art. If you haven't seen his site than please, do check it out.





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  • Blog Feeds
    04-23 10:10 AM
    In the past week or so we have been receiving many requests for evidence on all H1b cases filed on April 1, 2009. The RFEs received by us and practitioners across the country so far appear to only request that the single page of the I-129 Data Collection sheet be sent with the TARP question answered.

    Due to the passage of EAWA, USCIS is required to collect TARP (and Section 13 funding) information on each H-1B petitioner. However, by the time the new form became available, we had already completed our packages for the H-1B cap filing period for April 1, 2009. Therefore, USCIS confirmed that the new I-129 form was not mandatory and that only the one page (of the I-129 Data collection sheet requesting the TARP information) was urged to be included.

    At the AILA Spring Conference in Washington, D.C., Barbara Velarde, Chief, USCIS Service Center Operations, mentioned that if the TARP information was not included in the filing, the petitions would not be rejected. However, USCIS would need to send an RFE for the TARP information. Unfortunately, this was not clearly explained in the USCIS fact sheet on TARP issued on March 20, 2009. Nevertheless, USCIS is required under the EAWA statute to obtain this information and the easiest way for USCIS to comply is to send an RFE. This is a very annoying and time consuming process for all us dealing with H1B filings, and even more confusing for the clients. We hope that USCIS explain better such crucial changes in future matters.



    More... (http://www.visalawyerblog.com/2009/04/h1b_visas_many_rfes_re_use_of.html)



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  • Blog Feeds
    08-30 09:40 PM
    This is a recent USCIS update announcing that any U.S. citizen seeking to adopt a Nepali child, whose case is not affected by the suspension of processing cases involving Nepali children claimed to have been found abandoned, should file the Form I-600 with the U.S. Embassy in Kathmandu.

    This change in the filing location for the Form I-600 petitions applies to two groups of prospective adoptive parents who are not affected by the suspension. The first group is those who received a referral letter from the Government of Nepal�s Ministry of Women, Children and Social Welfare before Aug. 6, 2010, informing them of a proposed match of an abandoned child. The second group is those who seek to adopt Nepali children who were relinquished by known parent(s) and whose identity and relationship can be confirmed.

    USCIS strongly encourages prospective adoptive parents to follow this procedure for their own benefit, based on growing concerns about unreliable documents, irregularities in the methods used to identify children for adoption in Nepal, and the resulting difficulties in classifying those children as orphans under U.S. immigration law. Please see the Aug. 6, 2010 announcement online regarding the suspension.

    Read more here... (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=1c2f48b0655ba210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)




    More... (http://www.visalawyerblog.com/2010/08/immigration_adoption_lawyer_ch.html)





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  • gcmaker
    03-28 07:07 PM
    I used my 485 EAD, which I received when I filed my 485 with my spouse. And now I want my employer to apply H-1B for me. I am wondering if I can apply change of status to H-1B within US or I have to apply H-1B petition, which requires me to get out of US and get the visa at some US consulate or embassy.

    I'd really appreciate any info.

    Thanks a lot.

    I am not sure I understand why would you want to do this? You are on EAD, correct? This already gives you the right to work for any employer; getting an H-1B would be a step back in this regard. Am I missing something?



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  • spiro
    05-08 04:03 PM
    Hi..

    I have an h1b stamped in passport that expires in july 2011. However, it is totally unused because i had to leave my company for higher studies in 2009. Now, i am joining the same company again in may 2011 after studies.
    1.Is visa extension for 3 years possible in such case..?
    2. Will there be any problem because of not using the visa at all till now..?
    3. Is there a minimum time limit after joining aftre which only I can apply for extension..?
    4. Most important, can i apply for extension even after expiry of visa in july,2011...??

    Many thanks,
    spiro





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  • TexasGC
    07-23 01:56 PM
    I have an approved I-140 from my previous employer. Is there anyway, I can expedite my labor certification, I-140 approval and I-485 through my new employer on the basis of the previous approvals? I have a PD of jan'04. I know I retain my PD due to the I-140 but I wanted to know if there is anyway to not wait for the time it takes to get approval on LC and I-140.



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  • sathishkrish
    11-28 08:33 PM
    As I understand the process, if your date is current, the USCIS will accept your application - meaning they ARE processing applications with a priority date matching or exceeding yours.

    During the July 2007 fiasco, the cut-off dates were current, allowing everyone to apply. If we submitted our application and the date is current at the time, why do we have to wait until our date becomes current again? Shouldn't they process the application within 6 months or less?

    You application will continue to be processed when it is within the processing time - visa allocation happens only when your PD is current, which apparently is not. Moreover - Visa Bulletin is just a Forecast based on current demand so, actuals can vary at any time. There is so much to read about this in many forums including this, so you may want do more research before asking - I have a reason to tell you this because your poor soul will soon be hounded by GURUS for not researching enough :-) Hope you understand!

    Cheers





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  • go_guy123
    07-19 01:15 PM
    Hi,

    My U.S. born son is travelling with my friends from India to USA. He had gone to India for summer vacation. Would anybody have any sample letter for addressing to immigration authorities that we authorize his travel along with my friend.

    Thanks.

    US born child is citizen by birth and has RIGHT to enter United States. Immigration officials cant deny him the right to enter USA.

    A simple letter saying that you have authorised your friend to accompany your child (minor) for the travel. The letter should have your contact address, cell etc





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  • vadik78
    03-28 04:32 PM
    Bush said he wants to improve the working visas, I think the prority needs to offer to Canadians because Canadinas use the same language and education system, the distance is closer. We need to call all the senetors, the working visas.etc. need to go to Canadina citizens first.

    I agree, except.... if canada is similar and so close to the United States, why would you want to come here:confused:

    :D

    Good try, anyhow.;)





    Krish797
    07-25 12:23 PM
    Hi,

    I got H1B visa approved and got I-797 last year for 3 years. Now, could you please advise me, what is the maximum time limit to get the H1B stamped in the passport from the date of issue of I-797.





    Berkeleybee
    03-28 12:57 PM
    All,

    NetIP Bay Area has FINALLY put our link on their webpage

    See http://www.netip-sfba.org/ They haven't capitalized the v in Voice etc, but it is a step in the right direction.

    We are also participating in a seminar organized by them. The speakers will be an immigration attorney and IV representatives.

    Saturday, April 15 , 2:00 pm to 5:00 pm
    TiE Silicon Valley, 2903 Bunker Hill Lane,
    Santa Clara, CA 95054

    Of course, we are not sure what the immigration landscape will be like at that date. We are still working on an agenda etc. will keep you posted.

    best,
    Berkeleybee



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