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02-08 06:10 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)
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bombaysardar
07-08 06:30 PM
I have heard about many COS applications getting approved, so you have a good chance.
The only thing I would recommend is make sure your H4 is valid for a relatively long time going forward. This will ensure that even if F1 COS does not get approved you atleast are in status throughou the process.
This is because sometimes the processs can take a long time eg. My spouse's COS from H4-F1 never got approved (name check etc etc took 2+ years), so we withdrew after the completion of the degree. Meanwhile the H4 had expired, creating complications.
The only thing I would recommend is make sure your H4 is valid for a relatively long time going forward. This will ensure that even if F1 COS does not get approved you atleast are in status throughou the process.
This is because sometimes the processs can take a long time eg. My spouse's COS from H4-F1 never got approved (name check etc etc took 2+ years), so we withdrew after the completion of the degree. Meanwhile the H4 had expired, creating complications.
gc??
11-08 09:36 AM
Do you think anyone will even mention (hopefully get solutions) the eb backlogs to the President when he is touring India? Do you think anything good might come out of it for us?
2011 German Shepherd Dog
vedicman
06-15 10:21 AM
Did you know that more than 1 million green cards were issued in 2009 and less than 60,000 went to actual high skilled immigrants??
more...
dbzfan33
10-14 12:39 AM
ok
tpr
02-17 07:04 PM
Thanks to All :)
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gcpool
05-17 01:45 PM
Contact a good lawyer to do so. You can use EB3 priority date in EB2
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psaxena
06-08 08:06 PM
Hi Guys,
I was reading another thread and a question came to my mind..
I entered in US on AP and got the I-94 with the validity date as my AP date. Now my AP is going to expire and I am not going to travel anywhere any time this year. So just wondering what will happen when the I-94 is expired. Do I have to get it renewed from somewhere or just dun worry about it. or do I have to apply for a new AP.
Can anyone can shed some light on this situation?
I was reading another thread and a question came to my mind..
I entered in US on AP and got the I-94 with the validity date as my AP date. Now my AP is going to expire and I am not going to travel anywhere any time this year. So just wondering what will happen when the I-94 is expired. Do I have to get it renewed from somewhere or just dun worry about it. or do I have to apply for a new AP.
Can anyone can shed some light on this situation?
more...
ivar
05-12 10:23 AM
I have been facing the same issue for past couple of days. What is the use of providing a facility to check online status when they are not capable of handling enough traffic to their website.
Yes. I have been getting this message when I login from work as well as home computer. I generally check my EAD application status once every 2-3 days and yet USCIS thinks that is an "excessive" use. I am pretty sure they have some issue with the website.
It was reported to us that your computer or internet gateway has been locked out for a select period of time. This is due to an unusually high rate of use. If you feel this has occurred incorrectly, please contact the Customer Service Center for assistance at 1.800.375.5283.
Yes. I have been getting this message when I login from work as well as home computer. I generally check my EAD application status once every 2-3 days and yet USCIS thinks that is an "excessive" use. I am pretty sure they have some issue with the website.
It was reported to us that your computer or internet gateway has been locked out for a select period of time. This is due to an unusually high rate of use. If you feel this has occurred incorrectly, please contact the Customer Service Center for assistance at 1.800.375.5283.
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rajeev_74
12-21 12:03 AM
Thanks Sunny. It is for business purpose. Appreicate your response.
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TO BE OR NO TO BE
05-31 05:00 AM
Hello:
I need some help. Here is my situation.
I am in USA on H1B since 1999. I am working with Company A since September 2006 on H-1B. My 485 is filed by Company A under EB3 in July 2007 with PD 10/2006.
I am in process of changing job from Company A to Company B in same field using AC-21 and EAD. My last day with Company A would be June 10th. I have an offer letter from Company B and going to join them on EAD in June end / early July (my start date is flexible). AC-21 will be filed by Company B's lawyers once I join them.
Meanwhile if I want to travel to India (no emergencies, just want to see the family), can I use my AP to return? My current AP expires in December 2011.
Has anyone done this before?
Any help would be greatly appreciated.
Thank you for all your answers.
I need some help. Here is my situation.
I am in USA on H1B since 1999. I am working with Company A since September 2006 on H-1B. My 485 is filed by Company A under EB3 in July 2007 with PD 10/2006.
I am in process of changing job from Company A to Company B in same field using AC-21 and EAD. My last day with Company A would be June 10th. I have an offer letter from Company B and going to join them on EAD in June end / early July (my start date is flexible). AC-21 will be filed by Company B's lawyers once I join them.
Meanwhile if I want to travel to India (no emergencies, just want to see the family), can I use my AP to return? My current AP expires in December 2011.
Has anyone done this before?
Any help would be greatly appreciated.
Thank you for all your answers.
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rb_248
05-12 09:05 AM
If going out of the country for a long time as a GC holder, you may need to apply for travel document (returning resident ????) with USCIS.
Long Term = > 3 months ?? (may want to check with an attorney)
Long Term = > 3 months ?? (may want to check with an attorney)
more...
house 2011 German Shepherd X Golden
chprav
10-23 12:33 PM
I've not get EAD and AP and been waiting for last few months. My wife got both EAD and AP. Is it good idea to call USCIS I/O about my status of EAD and AP? I applied for all 485/EAD/AP in june last week and got the notice on Aug 15th. Please check my signature for more information.
Please suggest me.
If I've to call, what is the procedure? Please let me know.
Thanks..
Please suggest me.
If I've to call, what is the procedure? Please let me know.
Thanks..
tattoo (Poodle mix Shih Tzu)
kshitijnt
06-26 02:38 AM
Guys,
I'm in kind of a tricky situation.
I currently work for a consulting company who is sponsoring my GC.Our client has offered me a full time position and I was planning to use AC21 to switch over but better sense prevailed over me to continue with my current employer to avoid any issues in GC processing.Now my client is not willing to extend my contract.Given the current job market, I think it might take atleast a month or two for my employer to find me another project.
Just in case my I485 gets approved, can anyone please let me know if it is ok to be without pay (employer will not pay between projects) after the GC gets approved?Please advise.
Thanks.
Yes it is ok. If 485 is approved. Just dont use the unemployment benefit if you want to be a citizen. Btw, whats your EB category and PD?
I'm in kind of a tricky situation.
I currently work for a consulting company who is sponsoring my GC.Our client has offered me a full time position and I was planning to use AC21 to switch over but better sense prevailed over me to continue with my current employer to avoid any issues in GC processing.Now my client is not willing to extend my contract.Given the current job market, I think it might take atleast a month or two for my employer to find me another project.
Just in case my I485 gets approved, can anyone please let me know if it is ok to be without pay (employer will not pay between projects) after the GC gets approved?Please advise.
Thanks.
Yes it is ok. If 485 is approved. Just dont use the unemployment benefit if you want to be a citizen. Btw, whats your EB category and PD?
more...
pictures Golden Retriever Lab Mix*
irrational
01-29 06:54 PM
My dad's own brother is a U.S citizen. I am here on a H-1B
My dad wants to visit the U.S. Who would be better to sponsor him ?
Me or his brother ?
Also, if his brother sponsors him, would the consulate ask why are you not using your son's papers ?
Any help is appreciated.
Thanks
My dad wants to visit the U.S. Who would be better to sponsor him ?
Me or his brother ?
Also, if his brother sponsors him, would the consulate ask why are you not using your son's papers ?
Any help is appreciated.
Thanks
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GCAmigo
12-24 08:24 PM
What does this http://immigrationvoice.org/forum/images/reputation/reputation_balance.gif mean?
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thomachan72
07-14 02:02 PM
Hi Guys,
A quick one. I have a HIb visa which is expiring on 9th of next month . I have never worked for that employer as things did'nt work out. I am currently in Australia and want to work as a contractor in US. I have already figured out who is going to transfer/sponsor my new H1.
I am pretty sure that my employer would have cancelled my h1 which was allotted to me in 2007 quota.
I have a tourist visa as well and i intend to goto US on that Visa and work out on the transfer of my H1 once i land there.
Can i really do the above or am i getting too optimistic.
Please reply soon as i have to make some really quick decisions.
Regards
N
your old H1 would not be of any use/issue for you. Apply for a new one with the new employer and it would be an easy process. Transfering basically means applying for a new one. The employer has to go through all the processes (advert, recruitment, LC etc). I have no idea about converting from B1 to H1.
A quick one. I have a HIb visa which is expiring on 9th of next month . I have never worked for that employer as things did'nt work out. I am currently in Australia and want to work as a contractor in US. I have already figured out who is going to transfer/sponsor my new H1.
I am pretty sure that my employer would have cancelled my h1 which was allotted to me in 2007 quota.
I have a tourist visa as well and i intend to goto US on that Visa and work out on the transfer of my H1 once i land there.
Can i really do the above or am i getting too optimistic.
Please reply soon as i have to make some really quick decisions.
Regards
N
your old H1 would not be of any use/issue for you. Apply for a new one with the new employer and it would be an easy process. Transfering basically means applying for a new one. The employer has to go through all the processes (advert, recruitment, LC etc). I have no idea about converting from B1 to H1.
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JunRN
05-18 12:39 PM
If you haven't filed I-485 yet, you cannot use AC21 as it requires I-485 to be pending for more than 180 days. It means, that you're stuck with your ex-employer for GC processing unless your new employer is willing to file new LC and I-140 for you. You can port the PD of your approved I-140 to the new one.
Once your PD becomes current, then you can file I-485.
Once your PD becomes current, then you can file I-485.
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waitingnwaiting
05-20 11:01 AM
Why do you want Attorney in CA.
Any attorney in any state can take any case in any state
Any attorney in any state can take any case in any state
TwinkleM
09-07 12:48 AM
Thanx a lot Sunny1000 for your reply. I appreciate it.
jettu77
09-28 02:51 PM
Do we need to have the original receipt notices.
I asked my attorney and he said that the copies would be fine.
He sent me scanned receipt notices via e-mail and says that it will
be fine and not ready to send the originals for some reason.
Can you guys think of any reason attorney not willing to give the original receipt notices?
Thanks.
I asked my attorney and he said that the copies would be fine.
He sent me scanned receipt notices via e-mail and says that it will
be fine and not ready to send the originals for some reason.
Can you guys think of any reason attorney not willing to give the original receipt notices?
Thanks.
