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08-09 09:50 AM
The local San Diego USCIS office suggests that certain remedies may be available for military families facing the problem of ineligibility to adjust status because of unlawful entry by a family member seeking adjustment of status. Most often the situation occurs when a United States citizen service member�s spouse entered without inspection and thus cannot adjust status. Current way to fix the status is via Ciudad Juarez waiver process (I-601 waiver application (http://www.visalawyerblog.com/2008/07/san_diego_immigration_attorney_4.html)).
One potential remedy is �Parole in Place,� where the District Director in San Diego, Mr. Paul Pierre, can parole the alien, who then will be eligible to adjust status. Paroling only cures the issue of admission or parole under INA � 245, not other inadmissibility issues. To seek Parole in Place, address the request to Mr. Pierre. Include the following:
1. Form I-131 (but it does not need to be paid for when applying)
2. Evidence of impending deployment
3. Proof of relationship of alien to the United States citizen service member
4. Evidence of hardship to the service member and how the situation affects the service member�s �readiness� to perform his or her mission in defense of the United States.
USCIS also has a program where I-601's will be adjudicated at the United States Consulate in Ciudad Juarez at the time of an immigrant visa interview for the relatives of service members. Mr. Pierre also has the authority to grant Deferred Action. (Regarding issues of admission for adjustment of status purposes, read Sum v. Holder, 602 F.3d 1092 (9th Cir. 2010).) (http://www.lexisone.com/lx1/caselaw/freecaselaw?action=OCLGetCaseDetail&format=FULL&sourceID=gdjd&searchTerm=hZjH.ddSa.ZCaW.QabN&searchFlag=y&l1loc=FCLOW)
More... (http://www.visalawyerblog.com/2010/08/san_diego_immigration_attorney_29.html)
One potential remedy is �Parole in Place,� where the District Director in San Diego, Mr. Paul Pierre, can parole the alien, who then will be eligible to adjust status. Paroling only cures the issue of admission or parole under INA � 245, not other inadmissibility issues. To seek Parole in Place, address the request to Mr. Pierre. Include the following:
1. Form I-131 (but it does not need to be paid for when applying)
2. Evidence of impending deployment
3. Proof of relationship of alien to the United States citizen service member
4. Evidence of hardship to the service member and how the situation affects the service member�s �readiness� to perform his or her mission in defense of the United States.
USCIS also has a program where I-601's will be adjudicated at the United States Consulate in Ciudad Juarez at the time of an immigrant visa interview for the relatives of service members. Mr. Pierre also has the authority to grant Deferred Action. (Regarding issues of admission for adjustment of status purposes, read Sum v. Holder, 602 F.3d 1092 (9th Cir. 2010).) (http://www.lexisone.com/lx1/caselaw/freecaselaw?action=OCLGetCaseDetail&format=FULL&sourceID=gdjd&searchTerm=hZjH.ddSa.ZCaW.QabN&searchFlag=y&l1loc=FCLOW)
More... (http://www.visalawyerblog.com/2010/08/san_diego_immigration_attorney_29.html)
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newbie2020
01-12 06:47 AM
The Vermount center seems to be having problems with their online system. I am in same boat as you, I have got the receipt for my H1 Extn but the System doesn't show up the receipt. You cannot rely on the online system or phone system to get your status update since they both share same data and both haven't been updated.
laborchic
06-25 09:41 AM
Can someone tell me what is a good lawyer??? I think this term is very much like good politician.. They are extinct...
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calaway42
10-05 01:37 AM
thanx! man lost, I learn least one thing from you everyday :D
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kumar1
01-29 04:01 PM
I can tell you only my plans -- I am planning to visit India for 1 week. My H1-B is valid till 2010 so I will use H1-B visa to renter at Chicago. Also, 1099 or W2, it does not matter. You can take either one.
hi kumar,
Thanks for your reply. If we visit India and come back to US, then should we use AP or H1B stamping? and also can you confirm whether we should work on 1099 or W2 when EAD is used for part time.
hi kumar,
Thanks for your reply. If we visit India and come back to US, then should we use AP or H1B stamping? and also can you confirm whether we should work on 1099 or W2 when EAD is used for part time.
slowwin
05-20 04:58 PM
^^^^^^
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iwantmygreen
04-22 07:36 PM
USCIS denied my and my family's 485 based on withdrawl of old pending 140.
How did you come to know about your denial. Did they send a denial notice after you applied for EAD. Was there any status change on the USCIS website after your 140 was revoked by employer.
How did you come to know about your denial. Did they send a denial notice after you applied for EAD. Was there any status change on the USCIS website after your 140 was revoked by employer.
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zCool
05-08 02:51 PM
I came across racist past of Senator Jeff sessions...
This should serve as a warning to those innocent among us who think his new-found love for point-based system is anything but another ploy by racist southern republican to deny, stall, delay anything that might benefit anyone of slightly colored skin!!
BEWARE.. Jeff Sessions == NOT A FRIEND OF US!! no matter how many ways he dresses up.. he's Anti-minorities and anti-immigrants..
http://mulejockey.com/?p=100
http://www.tnr.com/doc.mhtml?i=20021230&s=wildman123002
High time we realize those who should be avoided and not given time and effort.. these folks have their mind made up..
This should serve as a warning to those innocent among us who think his new-found love for point-based system is anything but another ploy by racist southern republican to deny, stall, delay anything that might benefit anyone of slightly colored skin!!
BEWARE.. Jeff Sessions == NOT A FRIEND OF US!! no matter how many ways he dresses up.. he's Anti-minorities and anti-immigrants..
http://mulejockey.com/?p=100
http://www.tnr.com/doc.mhtml?i=20021230&s=wildman123002
High time we realize those who should be avoided and not given time and effort.. these folks have their mind made up..
more...
kshitijnt
05-11 02:09 AM
I came in US with my family when I was 15-16, back then we were on L2, then as time passed by we switched to H4. Then I turned 21 so I had to go on Student Visa (F1). Still living in US legally.
Now my question is I've been staying in US over 10 years now, legally. I dont know if its rumor or not, but someone told me, that you can apply for Green Card if you lived in US over 10 years legally, is that true?
Going through all that H1B process sounds really hectic. Also all my family members, friends and relatives are here, I don't know anyone back in my birthplace. any suggestions or tips, would help a bit.
thanks :)
No you can not. If you were illegal you could but if you are legal you can not. H1B is the only route for you.
Now my question is I've been staying in US over 10 years now, legally. I dont know if its rumor or not, but someone told me, that you can apply for Green Card if you lived in US over 10 years legally, is that true?
Going through all that H1B process sounds really hectic. Also all my family members, friends and relatives are here, I don't know anyone back in my birthplace. any suggestions or tips, would help a bit.
thanks :)
No you can not. If you were illegal you could but if you are legal you can not. H1B is the only route for you.
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QuickGreenCard
09-29 11:43 PM
Well I am an employee currently and no consultant. I am planning to do the same with the new employer...
what you mean by the "terms".... anything related to immigration or benefits wise....
please be more clear
thanks
what you mean by the "terms".... anything related to immigration or benefits wise....
please be more clear
thanks
more...
waiting4gc02
04-08 11:39 AM
Guys:
Just wanted to find out if you were aware if it makes any difference as to where you get your receipt from-- with respect to making an appointment(location).
What I mean is, would it be OK to get receipt from a HDFC branch in Mumbai, if you were going to make an appointment with New Delhi Embassy ?
Any experiences..?
Thanks
Just wanted to find out if you were aware if it makes any difference as to where you get your receipt from-- with respect to making an appointment(location).
What I mean is, would it be OK to get receipt from a HDFC branch in Mumbai, if you were going to make an appointment with New Delhi Embassy ?
Any experiences..?
Thanks
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paskal
11-28 05:18 PM
i'm presuming you are not talking about a physician NIW but and exceptional ability category?
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mdmd10
07-24 02:16 PM
This date is very important and you do not want to enter the wrong date.
I-94 dates are available on the I-797 reciept as well as if one enters the country via air. The latest I-94 that the applicant gets is the one that is valid.
For example, you applied for H1 and got an approved I-797 reciept. Then you went to India and got your visa stamped in your passport and you then came back to the US, and at the port of Entry you filled up a New I-94 form (white card). Then this white card takes precedence over your I-797 notice, since this was the last one obtained. Legally you are permitted to stay in the country till the expiry dateon this white I-94 card.
The later assume if you went in for your H1B extension and then recieved a new I-797 approval with a I-94 stub attached at the bottom (green I-94). Then since this green stub is the latest I-94 you have recieved , you are permitted to stay in the country legally till the expiry date on the green stub.
In case this is just your first I-94, and you haven't gone out of the country yet for any stamping of the visa on your passport, then the green stub I-94 on your I-797 is the one you ought to be referring to.
But once again, please consult your lawyer about this, as there can be various interpratations and you must understand all aspects of it.
I-94 dates are available on the I-797 reciept as well as if one enters the country via air. The latest I-94 that the applicant gets is the one that is valid.
For example, you applied for H1 and got an approved I-797 reciept. Then you went to India and got your visa stamped in your passport and you then came back to the US, and at the port of Entry you filled up a New I-94 form (white card). Then this white card takes precedence over your I-797 notice, since this was the last one obtained. Legally you are permitted to stay in the country till the expiry dateon this white I-94 card.
The later assume if you went in for your H1B extension and then recieved a new I-797 approval with a I-94 stub attached at the bottom (green I-94). Then since this green stub is the latest I-94 you have recieved , you are permitted to stay in the country legally till the expiry date on the green stub.
In case this is just your first I-94, and you haven't gone out of the country yet for any stamping of the visa on your passport, then the green stub I-94 on your I-797 is the one you ought to be referring to.
But once again, please consult your lawyer about this, as there can be various interpratations and you must understand all aspects of it.
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logiclife
11-16 03:32 PM
Congrats Randall.
more...
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DyersEve
10-01 12:12 AM
i got an addition to my input request
http://teamnerd.tripod.com/random/dyerseve.txt
http://teamnerd.tripod.com/random/dyerseve.txt
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chanduv23
04-06 02:29 PM
Folks - is anyone able to successfully add a new application receipt number into your portfolio at TSC?
Is anyone able to successfully key in the receipt number and reach customer service via phone at TSC - for a new case?
Is anyone able to successfully key in the receipt number and reach customer service via phone at TSC - for a new case?
more...
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babu123
03-31 05:10 PM
Dear Friends,
I am a derived applicant in my green card process and recently I converted to EAD status from H1B.
My sister is US citizen. I would like to know if I am eligible to file another set of green card application thru family based option that is available. I know its a long queue.
I want to know if I am eligible for this process.
If I am eligible to file, am I eligible to file EAD thru that application as well.
Thanks
I am a derived applicant in my green card process and recently I converted to EAD status from H1B.
My sister is US citizen. I would like to know if I am eligible to file another set of green card application thru family based option that is available. I know its a long queue.
I want to know if I am eligible for this process.
If I am eligible to file, am I eligible to file EAD thru that application as well.
Thanks
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kisana
06-07 08:04 AM
Gurus , please provide me your input. I am little bit tense. It will help me alot. Also in the Copy the number from alien card what should I put. Since I am on the H1B visa, but I do have EAD also. Any help in this regard is higly appriciable.
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morchu
06-16 12:49 PM
1. NOW, if you are switching to company B. Company A may want to request extension only from Nov 2010, so for that the earliest is June 2010.
2. You can file H1B extension on company B based on your approved & valid 140 in company A.
3. Not necessarily. At any time, whenever you file extension, the criteria is checked again. Means if the 140 is revoked after getting 3 year extension, then the next H1 filing will get rejected, since you don't have a pending 140 anymore. So the answer is, it depends on whether you have a pending/valid LC/140 at that time.
My 6 years on H1b expires on Nov 2010. I have 140 approved from company A.
1.What's the earliest I can apply for 3 year H1b extension based on my 140 approval?
2. If I switch to company B right now and get company B to file for labor using my approved labor's priority date, are there any time restrictions for filing H1b extension?
3. Suppose I get a 3 yr H1b extension from company A, can i switch to different company after that using that H1b visa?
Any feedback is welcome. Thanks.
2. You can file H1B extension on company B based on your approved & valid 140 in company A.
3. Not necessarily. At any time, whenever you file extension, the criteria is checked again. Means if the 140 is revoked after getting 3 year extension, then the next H1 filing will get rejected, since you don't have a pending 140 anymore. So the answer is, it depends on whether you have a pending/valid LC/140 at that time.
My 6 years on H1b expires on Nov 2010. I have 140 approved from company A.
1.What's the earliest I can apply for 3 year H1b extension based on my 140 approval?
2. If I switch to company B right now and get company B to file for labor using my approved labor's priority date, are there any time restrictions for filing H1b extension?
3. Suppose I get a 3 yr H1b extension from company A, can i switch to different company after that using that H1b visa?
Any feedback is welcome. Thanks.
nandakumar
03-27 01:15 PM
My I140 was originally filed at California service center, on 3/24/2006 it was transferred to Texas service center.
Administrator2
07-15 11:50 PM
Could you please pm us the IP address of your machine. It will help us to diagnose the problem and/or let you know the reason. Its possible that your work environment is using NATing. So all machines from within that network will propagate the same external IP address. If you could send us your IP address at work, we will be able to diagnose the problem.
Thanks for your patience.
Thanks for your patience.
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