Wednesday, June 29, 2011

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  • go_guy123
    03-08 10:06 AM
    ILW.COM - immigration news: Bloggings on Political Asylum (http://www.ilw.com/articles/2011,0307-dzubow.shtm)

    Mar 07, 2011


    Political Asylum for Libyan Students in the US?
    More than 1,000 Libyan students are currently studying in the United States, and the continuing unrest in their homeland has them worried. To make matters worse, the Libyan Embassy in the U.S. apparently contacted many of the students and threatened to take away government scholarships unless they attended a pro-Khadafy rally in Washington, DC. The Libyan Ambassador (predictably) denied any such threats.



    Anti-Khadafy protestors tell it like it is.
    Some of the students are politically active. For example, a student in New York has started a Twitter account called Enough Gaddafi that has over 7,000 followers (a website is coming soon). In Kentucky, a group of 50 Libyans gathered to voice their support for the protestors in Libya. And Libyan students in Colorado and Oklahoma are speaking out publicly against Libyan leader Moammar Khadafy.

    Given the current situation, can Libyans in the U.S. successfully claim political asylum?

    As usual in immigration law, the answer is a definite maybe. For those students listed by name in newspapers and who engaged in anti-Khadafy political activity, or who made anti-Khadafy comments, I would imagine that they have a solid claim for political asylum. If Mr. Khadafy remains in power, the students would face severe consequences upon their return to Libya. There is no doubt that Mr. Khadafy�s regime tortures and murders political opponents. Further, given the Libyan Embassy�s attempt to rally Libyans in the U.S. to Mr. Khadafy�s defense, it is very likely that the Libyan government is aware of the students� political opinions.

    For those Libyans not mentioned in newspapers, or who were not contacted by the Embassy about attending the pro-Khadafy rally, an asylum claim might be more difficult. Generalized strife in a person�s home country�in and of itself�is usually not sufficient to qualify for asylum. Whether a particular individual qualifies for asylum would depend on his or her personal circumstances.

    Finally, the situation in Libya is very fluid. Perhaps Mr. Khadafy will be gone soon (we can only hope), but perhaps not. As the situation on the ground continues to evolve, so too will the possibility for asylum for Libyans in the U.S.




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  • gc2
    01-11 02:02 PM
    you dont have to withdraw 485 for dependents as it will automatically expire. In some rare cases USCIS may allow applicants who have stayed out of US beyond AP expiry date to reinstate AOS application but that is at the discretion of the officer. it could be humanitarian grounds.

    if you can get 2 yr multiple entry AP, that could probably reduce your renewal frequency.




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  • just_waiting
    01-04 09:50 AM
    http://www.washingtonpost.com/wp-dyn/content/article/2007/01/03/AR2007010301678.html

    Immigrants a Driving Force Behind Start-Ups, Study Says
    Tech Industry Clamors to Get More Visas for Foreign Workers

    By Krissah Williams
    Washington Post Staff Writer
    Thursday, January 4, 2007; Page D05

    About 25 percent of the technology and engineering companies launched in the past decade had at least one foreign-born founder, according to a study released yesterday that throws new information into the debate over foreign workers who arrive in the United States on specialty visas.




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  • baldev.thakur
    06-24 02:31 PM
    Hi folks
    Hi Folks
    Assuming & God Willing I get my GC then , how long does it take to get US Citizenship. Does it matter which state you are working in and the Queues , State Wide Differ OR its the same slab.
    Can someone point me to the webpage on USCIS that tells you how long the Q is . Does it matter , what your prev. nationality before GC was like to Priority Date my country or no relation.
    HOW can I get US Citizenship Fastest ? AND HOW LONG, friends, does it take to get your family here as a dependent of a US Citizen



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  • neelu
    01-12 07:34 PM
    Hello all,

    I need a clarification about the I-94 thing.

    As I have mentioned previously, my husband got a 3 year extension on his H-1 ( I 140 approval ) till 08/2009 and he went to canada for stamping since we are planning to leave for India. He drove to canada and the officers at the border while entering into canada did not take his old I 94( expired 08/2006) which was on his older passport ( expired 04/2006). While on his way back to US, they stapled the lower part of his I-797 dated till 08/2009 to his new passport (current one) and stamped on the passport. But they did not put any date on the stamp where it shows'dated till'.

    We are leaving for India tomorrow and have a couple of questions in this regard:
    1. Is it okay to have two I 94's in the two different passpots? Has it happened to anyone who drove to canada that their older I 94 has not been taken?

    2. While departing to India, which I-94 will be taken? the expired one on the older passport or the new one in the new passport. If the new one has to be taken, as it is a part of the original I-797 form, should it be surrendered to them?

    We really appreciate your answers. Since we are travelling tomorrow, we are really concerned about this issue.

    Thank you very much in advance.




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  • buehler
    02-12 08:28 AM
    My wife was also in the same situation. We hired a good Driving Violations lawyer. He reduced it to a no points 'Reckless Driving' ticket. It did increase our insurance premiums but no other effect.



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  • QuickGreenCard
    10-25 06:06 PM
    Hi all,

    I have a peculiar situation. I have applied for H1b and got approval notice. But when I went to apply for SSN for employment, the SSN employees could not find the new approved status in their system. Their system only shows my previous US entry status, H4.

    They have accepted my application by marking it as SUSPECT in their system, meaning that they forwarded my application to USCIS for verification of my H1B approval status.

    They said that it could take anywhere from 1 week to 4 weeks for verification. Does anyone run into this situation??

    Please post your experiences.......

    Last but not the least:
    When I checked my H1B status on USCIS website it still shows that the application has been received and is still pending, eventhough I have the approval notice sent by them....

    Do we need to do anything to let them know that the status hasnt been updated in their online system??


    Thanks for the help.........




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  • pmat
    07-14 02:36 PM
    Asking for not revoking I140 would be helpful. Also make sure that you at least have copies of the I140 approval notice and I485 receipt notices.

    Copies of your Perm labor certification would also be helpful as you may need to consult them for looking at the job responsibilities used for your original labor.



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  • I_need_GC
    10-27 01:25 PM
    We had filed AC21 for one our consultants it was $1000 atty fee, no filing fee




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  • nviren
    05-24 08:06 PM
    Guys,

    Please give me your inputs.

    Thanks,



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  • TRANSFORMERS Dark of the Moon


  • gc_check
    07-17 02:00 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?
    AILA REPORTING THAT ANNOUNCEMENT UNLIKELY TODAY
    The American Immigration Lawyers Association is now telling members not to expect an announcement today. It is not clear why USCIS has delayed an announcement, but I will report as I learn more
    http://blogs.ilw.com/gregsiskind/




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  • Munna Bhai
    04-18 11:21 AM
    Hi everyone,

    I got my labor approved under perm on Sept 11th however I have not filed for I140 as yet. This is because of employer making n reasons to file the same. Anyways, if the 45 day rule comes into play - does my labor get cancelled as it has been more than 45 days since it has been approved or does the 45 day period start after April 26th. How many of you think this rule will come out. I hope it does. That way employers will have no choice but to file I 140. A lot of employers now adays are stalling filing the same since they fear the employee will move. Am I the only one facing the same problem or are there others as well?

    Thanks and regards

    45 day rule is not implemented yet.



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  • 485_spouse
    06-07 01:09 PM
    Ignore my question, found answer on following link
    USCIS E-Filing Forms Concurrently (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=714e194d3e88d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=9059d9808bcbd010VgnVCM100000d1f1d6a1 RCRD)

    Helpful Hints
    Paying for Concurrently E-Filed Applications � You must pay the fees for ALL concurrently E-Filed applications by a single payment method (e.g., credit card or bank account transfer) at the time of submission. Each form�s fee will appear as a separate line item on your credit card or bank statement.


    Attempting to Attach Applications After Submission � After you have certified and paid for your application(s), you cannot attach another application to that submission. If you submit another E-Filing application, it will be treated as a separate application filing.


    Submitting Supporting Documentation � Supporting Documentation for all concurrently E-Filed applications must be submitted as a single package to the same USCIS processing location identified on the Confirmation Receipt notice.
    - If you E-File Form I-907 by itself or concurrently with any other application, please see the list of Special Mailing Addresses.




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  • sp0
    03-20 07:50 AM
    Can i travel back to USA via London/UK without a valid US visa but with a valid AP?

    London is kind of picky to make sure we have a valid US visa when traveling via their country and have to change planes.

    My friend was coming back to USA via Emirates (Dubai/London/USA) and he was prevented to board the Dubai to London segment because he did not have a valid USA visa and they were not considering the AP documents.



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  • indianindian2006
    06-24 08:50 PM
    Did company B file the ammended 140 with immigration,if yes what happened to it.You could upgrade ths to premium processing and get an answer in 15 days.If approved I feel you would be safe.




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  • newlab
    06-02 03:36 PM
    Hi Dolicus & Sanjay02,
    I got the same case status update online. Could one of you please let me know what this means?
    1) were you asked to go through an interview? or
    2) is it for speed processing of the application.
    Thanks.



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  • roseball
    06-27 01:23 PM
    Yes, go ahead and upgrade your pending H1 extension to premium processing. As per the law, USCIS can deny your H1 extension if a 485 is pending at the time a decision is taken on the H1 extension petition...This is a possibility only if they check if a 485 is pending while they adjudicate your extension petition.....




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  • FredG
    April 7th, 2004, 06:33 PM
    Looks like a tough little guy to capture. The way things are lined up, I think you could successfully clone out the branches in front of him. I'd leave the others. Any more sharpening would over-sharpen thetail. Although you could copy the layer, apply more sharpening to the layer, then mask out everything except the parts of the head you'd like to change.
    Fred




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  • ca_immigrant
    04-28 08:00 PM
    These are so screwed up...

    Looks like they are heavily back logged.. (mabye cause the conslate did not accept PIO and OCI applications for almost a month)

    I sent in my daughter's OCI for miscelaneous service - move OCI sticker to new passport...

    sent it in March and its still not yet reached the consulate..
    when I applied the rules said they need a copy of old passport, they later changed the rules and are now saying you need to send orignal passport.
    I sent the orignal passport also to them and since then no update -:(

    Just impossible to reach them also...am on the phone since the last 2 hours -:( and still waiting...

    they do not reply to emails either.

    any one else here having trouble with them ?

    Regards,




    Blog Feeds
    09-18 10:20 AM
    Attorney Eugenia Ponce recently wrote a blog post here (http://www.immigration-law-answers-blog.com/2009/07/immigration-law/immigration-rights/lawful-permanent-residents-keep-trips-abroad-relatively-short/) cautioning Lawful Permanent Residents to keep their trips abroad relatively short. Here is the text of that post:

    Lawful permanent residents (LPR) of the United States (green card holders) need to keep their trips abroad to a relatively short period of time. The Department of Homeland Security (DHS) could determine that an LPR has abandoned their residence if the LPR’s intent was not to return to the U.S. within a relatively short period of time.

    Factors DHS could consider in evaluating the LPR’s intent include:

    Whether the trip abroad is lengthy or for a short period of time;
    LPR’s family ties in the U.S.;
    property holding in the U.S.;
    business affiliations within the U.S.;
    LPR’s family, property, and business ties in the foreign country.

    After that was posted, we were asked what exactly we meant by the term "relatively short." Of course the answer, as always, depends on several factors. But here is a further explanation from Ms. Ponce:

    What a "relatively short period of time" is can't be defined in terms of elapsed time alone. Generally, lawful permanent residents (LPR) can use their green cards to return to the United States after a temporary absence not exceeding one year. The most important factor in concluding whether an LPR abandoned his or her U.S. residence is to look at the LPR's actual intent to return to the United States after a short trip, along with the other factors such as property, business, and family ties inside the U.S. and in the foreign country. An LPR returning to the U.S. once a year for a few days doesn't "automatically revalidate" a green card in a situation in which the lawful permanent resident has actually been residing abroad.



    More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/lWE-18mYGGw/)




    10dulkar
    08-08 09:34 AM
    My company is paying all cost of GC. So they refused to file after July 2nd USCIS letter.



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