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)
wallpaper Presents.S01E03.720p.HDTV…. the hilarious sketch comedy website Funny or Die
girishvar
08-08 11:18 PM
1. There is no need that you should stay with your father.
2. For Canada trip go through Canada Web site based on your nationality. you might need an visa depending on your nationality.
2. For Canada trip go through Canada Web site based on your nationality. you might need an visa depending on your nationality.
desi3933
01-14 12:02 PM
My wife came to USA in 2002 on H4.She changed from H4 to H1 in 2004 Nov.Since then she worked continuously till now (Jan 2009).Now she's planning to take a break and change back to H4.If she wants to work again sometime in future maybe after a couple of years will she come under quota?Does she have to apply for a new H1 or can she work the remaining 2 yrs left on her H1?We missed the bus and could not apply for 485 in July.
Thanks to any suggestions.
>> Now she's planning to take a break and change back to H4.
File for change of status to H4.
>> If she wants to work again sometime in future maybe after a couple of years will she come under quota?
Since she got H1 status first time in Nov 2004, she can have H1 transfer without quota only until Nov 2010. After that her H4-to-H1 will be subject to cap.
__________________________
Not a legal advice.
US Citizen of Indian Origin
Thanks to any suggestions.
>> Now she's planning to take a break and change back to H4.
File for change of status to H4.
>> If she wants to work again sometime in future maybe after a couple of years will she come under quota?
Since she got H1 status first time in Nov 2004, she can have H1 transfer without quota only until Nov 2010. After that her H4-to-H1 will be subject to cap.
__________________________
Not a legal advice.
US Citizen of Indian Origin
2011 Funny or Die Presents 11
ursosweet
12-10 08:48 AM
:confused:
Hello everone.
My 140 was approved in september (EB2; IN) and i belong to july 2 VB fiasco.
i was just checking my case status online and i noticed that my LUD for 140 (which has been approved) was changed to december 2007.
what does that mean?? i hope its not an RFE or rejection after approval just like some other people on the forum.
Can anyone please help me out.
Thanks
Hello everone.
My 140 was approved in september (EB2; IN) and i belong to july 2 VB fiasco.
i was just checking my case status online and i noticed that my LUD for 140 (which has been approved) was changed to december 2007.
what does that mean?? i hope its not an RFE or rejection after approval just like some other people on the forum.
Can anyone please help me out.
Thanks
more...
snathan
02-11 12:04 PM
Hi,
One of my friends lost his Petition papers. His H1-B visa is about to expire and he wants to file for an extension. Currently he is in India and was planning to travel to US this week, when he lost his petition papers.
Will it be possible for him to travel to US without his Petition papers and apply for a duplicate / extension?
Please let me know any help line number where he can call to clarify his doubts.
Thanks much
Sri
Without paper how you get the entry at POE. So I believe without papers your can not travel
One of my friends lost his Petition papers. His H1-B visa is about to expire and he wants to file for an extension. Currently he is in India and was planning to travel to US this week, when he lost his petition papers.
Will it be possible for him to travel to US without his Petition papers and apply for a duplicate / extension?
Please let me know any help line number where he can call to clarify his doubts.
Thanks much
Sri
Without paper how you get the entry at POE. So I believe without papers your can not travel
tipsvizag
05-15 06:57 PM
:)
I first came to USA in April 2005 and have H1B valid till 2011 April.
I worked with company 'X' since 2005 on H1B status on permanent position, during this tenure with company 'X' i was filed for PERM during Feb 2009. Later in October 2009, I had moved out of company 'X' to Company 'Y' due to budget cuts at the clients place and not having any positions with in the Company 'X'`s other clients. Moved to Company 'Y and Company 'Y' had filed new HIB visa, Got approved in few weeks.started working for Company 'Y" since November 2009.
During January 2010 my PERM (LABOR) filed by Company 'X' got approved by uscis. I moved back to Company 'X' got started the next stage of the process of filing I-140 within the timeframe. Company 'X' filed my I-140 and also filed again for H1B and H4 for dependends in march and got approved in April with Priority date (PD) as april 2009 as my PERM was initiated during that period and H1B visa Validity date as May 2011.
Surprisingly and unfortunatly the assigment which was supposed to be a long term is getting completed by end of this May month 2010. Now that in Company 'X' the project got completed within two months and i am asked to move to their onsite project and can be brought back when there exists a position at any of the their clients locations.
Now the H1B status with Company 'X' is valid till May 2011 and with Company 'Y' the visa validity is till April 2011.
Can i move back to Company 'Y' as they had the same position that i worked with them and file for H1B visa extension which is due in 2011 April/May(as per new validity from Company 'X') based on the approved I-140 or PD. Company 'Y had also initiated the process of filling for PERM(Labour) got the clearence for LC.
Please suggest me the various options that are availabe to me to continue stay in here and get the H1B extension and as well continue my green card process.[/SIZE]
I first came to USA in April 2005 and have H1B valid till 2011 April.
I worked with company 'X' since 2005 on H1B status on permanent position, during this tenure with company 'X' i was filed for PERM during Feb 2009. Later in October 2009, I had moved out of company 'X' to Company 'Y' due to budget cuts at the clients place and not having any positions with in the Company 'X'`s other clients. Moved to Company 'Y and Company 'Y' had filed new HIB visa, Got approved in few weeks.started working for Company 'Y" since November 2009.
During January 2010 my PERM (LABOR) filed by Company 'X' got approved by uscis. I moved back to Company 'X' got started the next stage of the process of filing I-140 within the timeframe. Company 'X' filed my I-140 and also filed again for H1B and H4 for dependends in march and got approved in April with Priority date (PD) as april 2009 as my PERM was initiated during that period and H1B visa Validity date as May 2011.
Surprisingly and unfortunatly the assigment which was supposed to be a long term is getting completed by end of this May month 2010. Now that in Company 'X' the project got completed within two months and i am asked to move to their onsite project and can be brought back when there exists a position at any of the their clients locations.
Now the H1B status with Company 'X' is valid till May 2011 and with Company 'Y' the visa validity is till April 2011.
Can i move back to Company 'Y' as they had the same position that i worked with them and file for H1B visa extension which is due in 2011 April/May(as per new validity from Company 'X') based on the approved I-140 or PD. Company 'Y had also initiated the process of filling for PERM(Labour) got the clearence for LC.
Please suggest me the various options that are availabe to me to continue stay in here and get the H1B extension and as well continue my green card process.[/SIZE]
more...
desixp
10-25 10:02 AM
Bump
2010 funny-or-die. How many awesome comedians can you spot in this trailer for
narendra_modi
06-23 12:35 PM
I am not trying to devide the community ..Did you guys enjoyed the video ? I certainly not. Shall we forward this to our dear Iowa senator, the result of billions of dollars of aid to pak ? what is opinion guys on this idea? please be open minded, don't curse me..
more...
sledge_hammer
03-15 03:51 PM
Good find!
Has this issue been discussed in an other thread already?
Murthy.com posted this topic
Proposed Changes to I-129 Would Affect H1B & Other Employers
MurthyDotCom : Proposed Changes to I-129 Would Affect H1B & Other Employers (http://www.murthy.com/news/n_cha129.html)
I believe this topic hasn't been discussed on IV. Looks like the proposed changes are going to make lives of Consulting company employees much harder. Thoughts from IV members?
Has this issue been discussed in an other thread already?
Murthy.com posted this topic
Proposed Changes to I-129 Would Affect H1B & Other Employers
MurthyDotCom : Proposed Changes to I-129 Would Affect H1B & Other Employers (http://www.murthy.com/news/n_cha129.html)
I believe this topic hasn't been discussed on IV. Looks like the proposed changes are going to make lives of Consulting company employees much harder. Thoughts from IV members?
hair Funny Or Die Presents: The Complete First Season
amitkhare77
09-18 11:22 AM
http://www.prlog.org/10030661-immigration-voice-rally-on-sept-18-for-highly-skilled-legal-immigrants.html
more...
msri311
10-14 03:39 PM
I applied for H1B as a Software Test Engineer and my LCA is applied with the same job description. Now i wish to work as Programmer Analyst in the same location specified in the LCA. will i need to amend my LCA or H1B or is it fine to continue with the same LCA. Are there any chances of my LCA getting denied and how long will it take to get the new LCA. Thanking you in advance.
hot Funny Or Die Presents
pune_guy
02-15 05:34 PM
Is it true that H4 spouse, who do not have SSN are not eligible for tax rebate if while filing a joint tax return for 2007 ITIN is used for spouse.
It seems ITIN is given to illegal aliens too and hence it is not possible for IRS to determine which ITIN holders are legal and which are illegal. Thus they are not going to give tax rebates to ITIN holders.
My wife is on H4 and has a EAD/AP. Should I apply for SSN to receive the tax rebates? But since the tax rebates are based on 2007 tax return I will have to file the tax return using her SSN to get the rebates.
Also will SSN affect her H4 status if EAD is not used?
What do you guys think?
It seems ITIN is given to illegal aliens too and hence it is not possible for IRS to determine which ITIN holders are legal and which are illegal. Thus they are not going to give tax rebates to ITIN holders.
My wife is on H4 and has a EAD/AP. Should I apply for SSN to receive the tax rebates? But since the tax rebates are based on 2007 tax return I will have to file the tax return using her SSN to get the rebates.
Also will SSN affect her H4 status if EAD is not used?
What do you guys think?
more...
house NEW HBO FUNNY OR DIE SEGMENTS!
harrydr
01-12 09:49 PM
For all the friends at IV who have already received their EAD's and/or renewed their EAD's i wanted to ask how long does it take for a person to receive their EAD after filling their 485 provided their date is current. Is filing for EAD an additional step to filling a 485 once the date is current?
2nd scenario: If i decide to change my job and my I-140 is approved with my current employer. The new job is the same level and category as my job description on my current I-140, in a new company. Can i port my PD with the new employer without any affect of I-140 withdrawl from my old employer or will the porting need to be executed prior to my old employer pulling the I-140 petition? I have some understanding about the situation but i wanted multiple opinions just to firm my understanding. Thanks in advance and may GOD help us all through the wait period to get our destinations.
2nd scenario: If i decide to change my job and my I-140 is approved with my current employer. The new job is the same level and category as my job description on my current I-140, in a new company. Can i port my PD with the new employer without any affect of I-140 withdrawl from my old employer or will the porting need to be executed prior to my old employer pulling the I-140 petition? I have some understanding about the situation but i wanted multiple opinions just to firm my understanding. Thanks in advance and may GOD help us all through the wait period to get our destinations.
tattoo 9 of Funny Or Die Presents
cr125rider
04-16 12:22 AM
I really like them both!
more...
pictures #39;Funny Or Die Presents#39;
optimystic
03-06 06:49 PM
Does any one in the forum (or their spouse) work for the state of california?
Are H1B or EAD holder eligible for applying for full time postitions with the state?
How about after getting the green cards? Are permanent residents eligible? OR are these positions only for US citizens?
I recently took the state exam for Systems software specialist series and when filling up the online forms etc, there was no question asked anywhere about citizenship or permanent resident only.
So if any of you have experience in this area, could you please clarify?
Are H1B or EAD holder eligible for applying for full time postitions with the state?
How about after getting the green cards? Are permanent residents eligible? OR are these positions only for US citizens?
I recently took the state exam for Systems software specialist series and when filling up the online forms etc, there was no question asked anywhere about citizenship or permanent resident only.
So if any of you have experience in this area, could you please clarify?
dresses Funny or Die Presents S02E08
IWannaBeHowdy
08-04 08:10 PM
Hello All,
I am currently in H1-B. My GC (EB2) is in progress sponsored by my company.
The I-40 is approved but me and my wife�s I-485 is still pending.
We both got our EADs, but we have never-ever used it. We just applied for it and kept the card.
My wife was also on H1-B through her own employment. She got laid off so she is losing her H1-B. Now I want to apply for her H4 as my dependant. Since she already has an EAD, will applying for H4 nullify the EAD? As I said earlier that she has never used her EAD however she plans to use it when she gets a new job.
Anybody in similar situation? Any remarks or suggestion would be greatly appreciated.
Thanks in Advance.
I am currently in H1-B. My GC (EB2) is in progress sponsored by my company.
The I-40 is approved but me and my wife�s I-485 is still pending.
We both got our EADs, but we have never-ever used it. We just applied for it and kept the card.
My wife was also on H1-B through her own employment. She got laid off so she is losing her H1-B. Now I want to apply for her H4 as my dependant. Since she already has an EAD, will applying for H4 nullify the EAD? As I said earlier that she has never used her EAD however she plans to use it when she gets a new job.
Anybody in similar situation? Any remarks or suggestion would be greatly appreciated.
Thanks in Advance.
more...
makeup Funny Or Die Presents: Screen
gbof
07-15 04:59 PM
What was done under medical ? Vaccination , TB test , XRAY , ..
Thanks for your help.. also would you let me know doc's name if I PM you ?
NO insurance company will cover the medical examination for immigration and this is true. Medical cost may vary.
Thanks for your help.. also would you let me know doc's name if I PM you ?
NO insurance company will cover the medical examination for immigration and this is true. Medical cost may vary.
girlfriend 5 of Funny Or Die Presents
glus
03-03 09:30 AM
Extension = from the time requested = for example 4/1/2008 to...no more than 3 years. 3 years is the max time requested. So, if you company requests from 4/1/2008, it should state until 4/1/2011.
Regards,
Regards,
hairstyles Funny Or Die Presents: Lindsay
needhelp!
09-12 04:02 PM
I see that you just became a member of IV. Welcome to this strong and active community of people just like you!!
I don't have your answer, I just hope that you will be an active and contributing (not just money, time and effort as well) member and will help IV achieve the greatest good in terms of the green card process reform. Ofcourse you will benefit from it yourself.
You can do something right away!
I suggest you check out the Media Campaign thread (http://immigrationvoice.org/forum/showthread.php?t=13272)
The Signature Petition thread (http://immigrationvoice.org/forum/showthread.php?t=13204)
and the Funding Drive thread (http://immigrationvoice.org/forum/showthread.php?t=13158)
Welcome aboard!! I am sure you will be getting your answer pretty quick.
And last but not the least, the best thing you can do is to attend the DC rally on Sept 18.
I don't have your answer, I just hope that you will be an active and contributing (not just money, time and effort as well) member and will help IV achieve the greatest good in terms of the green card process reform. Ofcourse you will benefit from it yourself.
You can do something right away!
I suggest you check out the Media Campaign thread (http://immigrationvoice.org/forum/showthread.php?t=13272)
The Signature Petition thread (http://immigrationvoice.org/forum/showthread.php?t=13204)
and the Funding Drive thread (http://immigrationvoice.org/forum/showthread.php?t=13158)
Welcome aboard!! I am sure you will be getting your answer pretty quick.
And last but not the least, the best thing you can do is to attend the DC rally on Sept 18.
sroyc
08-03 03:09 AM
It's interesting that people rely on consultants and body shoppers to enter this country and then curse them.
I doubt that so many people would have entered the US if it hadn't been for these very consultants and body-shoppers. Everyone knows that they pay less and take a cut of the salary. People curse them all the time and yet when it's convenient, they'll use them to get things like H1B application, labor substitution, etc. done.
I am on an H-1B visa I had a confusion regarding my wife's case. She is on H4 visa and her H4 visa was extended to September, 2009 when I changed my employer (XXX) last year. However, her passport carries H4 visa which expires in Oct. 2007 (this was through my previous employer, YYY). Both our I-485 are pending and we both received our EAD last month. She wants to use her EAD to work in future.
A twist is that a consultant had filed for her H-1B this April and we don't know if her H-1B came through or not. He is not telling us. We just don't want to deal with that scumbag. Can we just ignore him and forget about it? Since her I-485 is pending she has a lawful status (Pending AOS), right? Please let me know what you think.
I doubt that so many people would have entered the US if it hadn't been for these very consultants and body-shoppers. Everyone knows that they pay less and take a cut of the salary. People curse them all the time and yet when it's convenient, they'll use them to get things like H1B application, labor substitution, etc. done.
I am on an H-1B visa I had a confusion regarding my wife's case. She is on H4 visa and her H4 visa was extended to September, 2009 when I changed my employer (XXX) last year. However, her passport carries H4 visa which expires in Oct. 2007 (this was through my previous employer, YYY). Both our I-485 are pending and we both received our EAD last month. She wants to use her EAD to work in future.
A twist is that a consultant had filed for her H-1B this April and we don't know if her H-1B came through or not. He is not telling us. We just don't want to deal with that scumbag. Can we just ignore him and forget about it? Since her I-485 is pending she has a lawful status (Pending AOS), right? Please let me know what you think.
dealsnet
10-09 08:37 AM
Better to send the GC to India and he can enter with that GC.
His wife's GC is through his and her stay here depends on him.
So don't go for the route, to file for him as her depenant. This will make everything screwup.
Many people entered after their GC approval.
u cannot use Canada PR to enter US. If he left US without AP then his application for adjustment of status is considered abandoned.
spouse can file new application in dependent category. the dates for dependent category have come quite close since last 6 months. he could expect a GC in 6 months !
talk to a lawyer about dependent 485.
His wife's GC is through his and her stay here depends on him.
So don't go for the route, to file for him as her depenant. This will make everything screwup.
Many people entered after their GC approval.
u cannot use Canada PR to enter US. If he left US without AP then his application for adjustment of status is considered abandoned.
spouse can file new application in dependent category. the dates for dependent category have come quite close since last 6 months. he could expect a GC in 6 months !
talk to a lawyer about dependent 485.
0 comments:
Post a Comment