slowwin
07-09 11:48 AM
Funny that this lawyer is Ok with transferring H-1b, but does not want to accept an EAD. .
It's obvious. This lawyer wants to make money for applying H1-b (transfer ~ $5000 typically). If you use EAD he gets zilch.:D:D:D:D:D:D
It's obvious. This lawyer wants to make money for applying H1-b (transfer ~ $5000 typically). If you use EAD he gets zilch.:D:D:D:D:D:D
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lord_labaku
10-08 01:33 AM
Worry about it after the fact.
Technically you can maintain both PR...esp. if you live & commute in one of the border cities like Vancouver, Windsor. But at one point, you may have to decide which citizenship you want.
To maintain future growth, Canada has to rely heavily on immigration - thats one of the reason, its easy to get Canadian PR.
Depending on your priorities, it may be worthwhile to continue maintaining Canadian PR after you get US GC. (for e.g Canada allows sponsor of immediate relatives as a PR while you have to wait for US citizenship of the same. Also getting Canadian citizenship takes 3 years as opposed to 5 in the US)
that being said, the Canadian economy lives in the shadow of US & finding jobs I have heard is difficult in Canada.
Technically you can maintain both PR...esp. if you live & commute in one of the border cities like Vancouver, Windsor. But at one point, you may have to decide which citizenship you want.
To maintain future growth, Canada has to rely heavily on immigration - thats one of the reason, its easy to get Canadian PR.
Depending on your priorities, it may be worthwhile to continue maintaining Canadian PR after you get US GC. (for e.g Canada allows sponsor of immediate relatives as a PR while you have to wait for US citizenship of the same. Also getting Canadian citizenship takes 3 years as opposed to 5 in the US)
that being said, the Canadian economy lives in the shadow of US & finding jobs I have heard is difficult in Canada.
la_guy
08-19 01:07 PM
Dr. Chikamarri Ramesh got 10 months imprisonment. He should have been deported.
Citizens of US cannot be deported. That is the LAW... But if that guy had a Green Card or any other visa, then he can be deported...
Citizens of US cannot be deported. That is the LAW... But if that guy had a Green Card or any other visa, then he can be deported...
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BECsufferer
02-11 06:44 AM
actually our situation is similar to a bunch of people sitting under a mango tree ..the green mangoes on the tree represent the green card.
those waiting for the mango are standing on a uncertain muddy ground and few will sink in the sand (due to job losses).
we have some robbers (labor substitutions) who climb the tree, steal the mangoes and run away.
the natives (only the anti-immigrants) want to cut down the tree so that no immigrant gets a mango
a majority or us who are waiting patiently are the law abiding ...but we wait for the mango to fall on our head rather than doing something to make the mango fall ..while waiting we fight and discuss silly issues (whether we should buy a house - how to get our maid on visa :)).
some of us while our status was on quick sand - went ahead and built a house thinking that GC would follow
now if only all of us were to come up with an effective plan and shake the tree or throw tons of stones on the tree ..then maybe everyone would get a mango sooner.
------------
I have one such idea (this does not cost much money) ..let us all go and meet realtors / home brokers etc ..show genuine interest in buying a house but after few days tell the realtor that since GC has been delayed ..u are cancelling your interest in home buying.
those who are homeowners already (with more at stake) ..should contact lawmakers that because of gc delays ...your house is at risk.
WARNING ...before attacking this idea ..come up with a better one
Good one. Just be cautious when we start throwing tones of stones, all those that will miss target will be coming towards us standing on the otherside.:)
those waiting for the mango are standing on a uncertain muddy ground and few will sink in the sand (due to job losses).
we have some robbers (labor substitutions) who climb the tree, steal the mangoes and run away.
the natives (only the anti-immigrants) want to cut down the tree so that no immigrant gets a mango
a majority or us who are waiting patiently are the law abiding ...but we wait for the mango to fall on our head rather than doing something to make the mango fall ..while waiting we fight and discuss silly issues (whether we should buy a house - how to get our maid on visa :)).
some of us while our status was on quick sand - went ahead and built a house thinking that GC would follow
now if only all of us were to come up with an effective plan and shake the tree or throw tons of stones on the tree ..then maybe everyone would get a mango sooner.
------------
I have one such idea (this does not cost much money) ..let us all go and meet realtors / home brokers etc ..show genuine interest in buying a house but after few days tell the realtor that since GC has been delayed ..u are cancelling your interest in home buying.
those who are homeowners already (with more at stake) ..should contact lawmakers that because of gc delays ...your house is at risk.
WARNING ...before attacking this idea ..come up with a better one
Good one. Just be cautious when we start throwing tones of stones, all those that will miss target will be coming towards us standing on the otherside.:)
more...
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CRAZYMONK
08-11 09:17 AM
cademic Evaluation Services, Inc.
11700 N 58th Street G & H
Tampa, FL, 33617
Phone: (813) 374-2020
Fax: (813) 374-2023
email: info@aes-edu.org
Website: Academic Evaluation Services (http://www.aes-edu.org)
cademic Evaluation Services, Inc.
11700 N 58th Street G & H
Tampa, FL, 33617
Phone: (813) 374-2020
Fax: (813) 374-2023
email: info@aes-edu.org
Website: Academic Evaluation Services (http://www.aes-edu.org)
The Foreign Educational Document Service
PO Box 4091
Stockton, CA 95204
Phone (209) 948-6589
Fax (209) 937-0717
Center for Applied Research, Evaluations & Education, Inc.
PO Box 20348
Long Beach, CA 90801
Phone (562) 430-1105
Or (562) 430-2030
Fax: (562) 430-8215
email: evalcaree@earthlink.net
Foundation for International Services, Inc.
14926 35th Avenue W.
Suite 210
Lynnwood, WA 98087
Phone (425) 248-2255
Fax (425) 248-2262
email: info@fis-web.com
Website: Home | FIS Translation and Foreign Credential Evaluation Services (http://www.fis-web.com)
Education Evaluators International, Inc.
11 South Angell Street #348
Providence, RI 02906
Phone (401) 521-5340
Fax (401) 437-6474
email: eval@educei.com
Website: Education Evaluators International (http://www.educei.com)
Global Credential Evaluators, Inc.
P.O. Box 9203
College Station, TX 77842-9203
Phone: (512) 528-0908
Fax: (512) 528-9293
email: gce@gceus.com
Website: Global Credential Evaluators, Inc.. (http://www.gceus.com) or Global Credential Evaluators, Inc.. (http://www.gcevaluators.com)
Education International, Inc.
29 Denton Road
Wellesley, MA 02482
Phone: (781) 235-7425
Fax: (781) 235-6831
email: edint@gis.net
Website: Credential Evaluation Services from Education International, Inc. (http://www.educationinternational.org)
Globe Language Services, Inc.
319 Broadway
New York, NY 10007
Phone (212) 227-1994
Fax (212) 693-1489
Educational Credential Evaluators, Inc.
PO Box 514070
Milwaukee, WI 53203-3470
Phone (414) 289-3400
Fax (414) 289-3411
email: eval@ece.org
Website: www.ece.org
Global Services Associates
2554 Lincoln Blvd. #445
Marine del Rey, CA 90291
Phone: (310) 828-5709
Fax: (302) 828-5709
email: info@globaleval.org
Website: Global Services Associates (http://www.globaleval.org)
Educational Perspectives, nfp.
P.O. Box 618056
Chicago, IL 60661-8056
Phone: (312) 421-9300)
Fax: (312) 421-9353
email: info@edperspective.org
Website: Educational Perspectives || Home (http://www.edperspective.org)
International Consultants of Delaware, Inc.
625 Barksdale Road
Suite 109
Newark, DE 19711-3258
Phone (302) 737-8715
Fax (302) 737-8756
email: icd@icdel.com
Website: www.icdel.com
Educational Records Evaluation Service, Inc.
601 University Avenue, Suite 127
Sacramento, CA 95825-6738
Phone (916) 921-0790
Fax (916) 921-0793
Toll Free: 866-411-3737
email: edu@eres.com
Website: Welcome to E.R.E.S. (http://www.eres.com)
International Education Research Foundation, Inc.
PO Box 3665
Culver City, CA 90231-3665
Phone (310) 258-9451
Fax (310) 342-7086
email: info@ierf.org
Website: IERF - International Education Research Foundation, Inc. (http://www.ierf.org)
e-ValReports
10924 Mukilteo Speedway, #290
Mukilteo, WA 98275
Phone: (425) 349-5199
Fax: (425) 349-3420
email: brad@e-valreports.com
Website: e-ValReports (http://www.e-valreports.com)
Josef Silny & Associates, Inc. International Education Consultants
PO Box 248233
Coral Gables, FL 33124
Phone (305) 273-1616
Fax (305) 273-1338
email: info@jsilny.com
Website: Josef Silny & Associates | Home (http://www.jsilny.com)
Evaluation Service, Inc.
333 W. North Avenue, #284
Chicago, Il 60610
Phone (847) 477-8569
Fax (312) 587-3068
email: info@evaluationservice.net
Website: Evaluation Service, Inc. - Home Page (http://www.evaluationservice.net)
SpanTran Educational Services, Inc.
7211 Regency Square Blvd., Suite 205
Houston, TX 77036-3197
Phone (713) 266-8805
Fax (713) 789-6022
email: info@spantran-edu.com
Website: Spantran - Home (http://www.spantran-edu.com)
Foreign Academic Credential Service, Inc.
P.O. Box 400
Glen Carbon, IL 62034
Phone (618) 656-5291
Fax: (618) 656-5292
email: facs@aol.com
Website: www.facsusa.com
World Education Services, Inc.
PO Box 5087,
Bowling Green Station
New York, NY 10274-5087
Phone (800) 937-3895
Or (212) 966-6311
Fax (212) 739-6100
email: info@wes.org
Website: World Education Services - International Education Intelligence (http://www.wes.org)
11700 N 58th Street G & H
Tampa, FL, 33617
Phone: (813) 374-2020
Fax: (813) 374-2023
email: info@aes-edu.org
Website: Academic Evaluation Services (http://www.aes-edu.org)
cademic Evaluation Services, Inc.
11700 N 58th Street G & H
Tampa, FL, 33617
Phone: (813) 374-2020
Fax: (813) 374-2023
email: info@aes-edu.org
Website: Academic Evaluation Services (http://www.aes-edu.org)
The Foreign Educational Document Service
PO Box 4091
Stockton, CA 95204
Phone (209) 948-6589
Fax (209) 937-0717
Center for Applied Research, Evaluations & Education, Inc.
PO Box 20348
Long Beach, CA 90801
Phone (562) 430-1105
Or (562) 430-2030
Fax: (562) 430-8215
email: evalcaree@earthlink.net
Foundation for International Services, Inc.
14926 35th Avenue W.
Suite 210
Lynnwood, WA 98087
Phone (425) 248-2255
Fax (425) 248-2262
email: info@fis-web.com
Website: Home | FIS Translation and Foreign Credential Evaluation Services (http://www.fis-web.com)
Education Evaluators International, Inc.
11 South Angell Street #348
Providence, RI 02906
Phone (401) 521-5340
Fax (401) 437-6474
email: eval@educei.com
Website: Education Evaluators International (http://www.educei.com)
Global Credential Evaluators, Inc.
P.O. Box 9203
College Station, TX 77842-9203
Phone: (512) 528-0908
Fax: (512) 528-9293
email: gce@gceus.com
Website: Global Credential Evaluators, Inc.. (http://www.gceus.com) or Global Credential Evaluators, Inc.. (http://www.gcevaluators.com)
Education International, Inc.
29 Denton Road
Wellesley, MA 02482
Phone: (781) 235-7425
Fax: (781) 235-6831
email: edint@gis.net
Website: Credential Evaluation Services from Education International, Inc. (http://www.educationinternational.org)
Globe Language Services, Inc.
319 Broadway
New York, NY 10007
Phone (212) 227-1994
Fax (212) 693-1489
Educational Credential Evaluators, Inc.
PO Box 514070
Milwaukee, WI 53203-3470
Phone (414) 289-3400
Fax (414) 289-3411
email: eval@ece.org
Website: www.ece.org
Global Services Associates
2554 Lincoln Blvd. #445
Marine del Rey, CA 90291
Phone: (310) 828-5709
Fax: (302) 828-5709
email: info@globaleval.org
Website: Global Services Associates (http://www.globaleval.org)
Educational Perspectives, nfp.
P.O. Box 618056
Chicago, IL 60661-8056
Phone: (312) 421-9300)
Fax: (312) 421-9353
email: info@edperspective.org
Website: Educational Perspectives || Home (http://www.edperspective.org)
International Consultants of Delaware, Inc.
625 Barksdale Road
Suite 109
Newark, DE 19711-3258
Phone (302) 737-8715
Fax (302) 737-8756
email: icd@icdel.com
Website: www.icdel.com
Educational Records Evaluation Service, Inc.
601 University Avenue, Suite 127
Sacramento, CA 95825-6738
Phone (916) 921-0790
Fax (916) 921-0793
Toll Free: 866-411-3737
email: edu@eres.com
Website: Welcome to E.R.E.S. (http://www.eres.com)
International Education Research Foundation, Inc.
PO Box 3665
Culver City, CA 90231-3665
Phone (310) 258-9451
Fax (310) 342-7086
email: info@ierf.org
Website: IERF - International Education Research Foundation, Inc. (http://www.ierf.org)
e-ValReports
10924 Mukilteo Speedway, #290
Mukilteo, WA 98275
Phone: (425) 349-5199
Fax: (425) 349-3420
email: brad@e-valreports.com
Website: e-ValReports (http://www.e-valreports.com)
Josef Silny & Associates, Inc. International Education Consultants
PO Box 248233
Coral Gables, FL 33124
Phone (305) 273-1616
Fax (305) 273-1338
email: info@jsilny.com
Website: Josef Silny & Associates | Home (http://www.jsilny.com)
Evaluation Service, Inc.
333 W. North Avenue, #284
Chicago, Il 60610
Phone (847) 477-8569
Fax (312) 587-3068
email: info@evaluationservice.net
Website: Evaluation Service, Inc. - Home Page (http://www.evaluationservice.net)
SpanTran Educational Services, Inc.
7211 Regency Square Blvd., Suite 205
Houston, TX 77036-3197
Phone (713) 266-8805
Fax (713) 789-6022
email: info@spantran-edu.com
Website: Spantran - Home (http://www.spantran-edu.com)
Foreign Academic Credential Service, Inc.
P.O. Box 400
Glen Carbon, IL 62034
Phone (618) 656-5291
Fax: (618) 656-5292
email: facs@aol.com
Website: www.facsusa.com
World Education Services, Inc.
PO Box 5087,
Bowling Green Station
New York, NY 10274-5087
Phone (800) 937-3895
Or (212) 966-6311
Fax (212) 739-6100
email: info@wes.org
Website: World Education Services - International Education Intelligence (http://www.wes.org)
singhsa3
02-28 10:20 AM
Renewal of one of my friend got rejected on the ground of FP unavailability see my post "Biometric Issue: EAD renewal denied"
more...
canmt
10-26 11:07 AM
Submitting AR-11 does not help but it is required. I did submit AR-11 still went to my old address. But my EAD/AP approvals came to my new address bcoz of change of address submitted through USPS. USCIS sent me all the confirmation that I have successfully changed my address for EAD/AP petitions, but still managed to send them to my old address.
I hope it helps.
sathyaraj:
* Could you explain which address you sent the AR-11 initially and how did you manage to change to new address using USPS?
* Did you get any confirmation from USCIS on both occasions?
* Did you call USCIS customer service and update them with your new address after sending them AR-11?
I hope it helps.
sathyaraj:
* Could you explain which address you sent the AR-11 initially and how did you manage to change to new address using USPS?
* Did you get any confirmation from USCIS on both occasions?
* Did you call USCIS customer service and update them with your new address after sending them AR-11?
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sroyc
08-14 08:23 PM
As someone correctly replied, you cannot work on H-4.
In fact you cannot do paid internships or on-campus jobs as well. It's hard to get even unpaid internships on H-4. You don't need permission from USCIS to study on H-4.
If you change to F1, you can do both summer internships (Curriculum Practical Training) and get an EAD for a year after graduation (Optional Practical Training).
The problem with switching to F1 is that it is not a dual-intent visa and if you're applying for AOS, it complicates things. For example, you cannot re-enter on F1 after applying for AOS, you need to use AP, which voids your F1 status.
Another issue is that in states like California, you are eligible for in-state tuition at state universities after a year in CA. This does not apply to F1 students.
Can H-4 holder (Dependent) can pursue higher studies in the US. Do we need any special permission from the USCIS ?
Any information will be highly appreciated. TIA
In fact you cannot do paid internships or on-campus jobs as well. It's hard to get even unpaid internships on H-4. You don't need permission from USCIS to study on H-4.
If you change to F1, you can do both summer internships (Curriculum Practical Training) and get an EAD for a year after graduation (Optional Practical Training).
The problem with switching to F1 is that it is not a dual-intent visa and if you're applying for AOS, it complicates things. For example, you cannot re-enter on F1 after applying for AOS, you need to use AP, which voids your F1 status.
Another issue is that in states like California, you are eligible for in-state tuition at state universities after a year in CA. This does not apply to F1 students.
Can H-4 holder (Dependent) can pursue higher studies in the US. Do we need any special permission from the USCIS ?
Any information will be highly appreciated. TIA
more...
a_yaja
03-18 04:35 PM
I-765 Employment Authorization Note: is eligibility req (c)(9) correct on line 16?
[/LIST]
This is the wrong forum for you to ask this question. However, I know that (c)(9) is not correct on line 16 for your wife's case. (c)(9) is only for Employment Based GC applicants.
[/LIST]
This is the wrong forum for you to ask this question. However, I know that (c)(9) is not correct on line 16 for your wife's case. (c)(9) is only for Employment Based GC applicants.
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kshitijnt
09-16 04:51 PM
This is all India specific and specific to EB2. I did not add years2006 and 2007 as my PD is in 2005. But I did do it upto dec 2005.
1. You can expect the spill over from EB1 in big way
2. You can expect spillover from EB2 ROW in a big way
This should help clear backlog atleast upto 2004 cases. However the interfiling from EB3 to EB2 could stop the backlog from being reduced.
1. You can expect the spill over from EB1 in big way
2. You can expect spillover from EB2 ROW in a big way
This should help clear backlog atleast upto 2004 cases. However the interfiling from EB3 to EB2 could stop the backlog from being reduced.
more...
mn1975
09-05 12:55 PM
Are the receipts mailed at home address or they go to the lawyer
thanks
thanks
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Z.Liu
06-18 05:57 PM
yeah. still, isn't it a little "short"?!:)
I mean, having seeing some really long lists posted by other members, I'm a littlle concerned. :cool:
I mean, having seeing some really long lists posted by other members, I'm a littlle concerned. :cool:
more...
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bigboy007
11-03 08:36 PM
But as mentioning is it good to efile or manual filing. as i said this is the case , I have moved after filing 485 my file is at NSC , for CT direct centre is VSC and many ppl have adviced to send file to NSC as my 485 is at NSC. Hence i have decided to file for Manual filing as i am new to Efiling and i dont want it to suggest this to go to VSC which will delay the case ? am i making sense?
Any list for manual filing ?
Checkout : http://immigrationvoice.org/forum/showthread.php?t=14135 (http://immigrationvoice.org/forum/showthread.php?t=14135)
Extract for eFiling EAD:
Covering Letter from the PDF
Covering letter from self
Copy of I-485 Receipt
Copy of approved I-140 (If approved)
Copy of PP (1st and last Page)
Copy of Visa Stamping
Copy of I-94 (Front & Back)
Copy of DL
Any list for manual filing ?
Checkout : http://immigrationvoice.org/forum/showthread.php?t=14135 (http://immigrationvoice.org/forum/showthread.php?t=14135)
Extract for eFiling EAD:
Covering Letter from the PDF
Covering letter from self
Copy of I-485 Receipt
Copy of approved I-140 (If approved)
Copy of PP (1st and last Page)
Copy of Visa Stamping
Copy of I-94 (Front & Back)
Copy of DL
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txh1b
08-17 06:19 PM
Job title is secondary when it comes to AC21. The descriptions is what should match for the same/similar category. However, what a PM does in terms of planning and directing a team is not same/similar as what a Technical lead or Architect does, at least in the company that I work for.
more...
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here4gc
02-28 12:44 AM
I opened SR in Jan...took infopass last week...NOTHING..stupid people are saying that my namecheck is going on..i applied 140 and 485 in July...i140 not yet approved...no FP also...blackhole...
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dan19
09-15 05:14 PM
Whether EB3 or EB2 is dependent upon the job description.
Suppose your job requires only a BS degree and you have a MS, you cannot still apply under EB2. The job should require a MS degree or equivalent if you need to be under EB2.
Honestly I didn't know about this factor when I joined work. I thought I could apply under EB2 since I had a MS degree.
Better that you asked about these options now, rather than finding it out years later when you are about to apply for the final stage.
Hi,
I am a F1 student and am on OPT now. I got my H1B visa approved from Oct-1 2006 to Sep-30 2009.
But my school said I cannot get my degree certificate till December 2006.
My question is when I apply for my Green card will I be considered into EB2 list or EB3 list. On what basis will this be decided.
Please suggest.
Thank you,
Vijaya.
Suppose your job requires only a BS degree and you have a MS, you cannot still apply under EB2. The job should require a MS degree or equivalent if you need to be under EB2.
Honestly I didn't know about this factor when I joined work. I thought I could apply under EB2 since I had a MS degree.
Better that you asked about these options now, rather than finding it out years later when you are about to apply for the final stage.
Hi,
I am a F1 student and am on OPT now. I got my H1B visa approved from Oct-1 2006 to Sep-30 2009.
But my school said I cannot get my degree certificate till December 2006.
My question is when I apply for my Green card will I be considered into EB2 list or EB3 list. On what basis will this be decided.
Please suggest.
Thank you,
Vijaya.
more...
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ujjwal_p
06-02 06:12 PM
My H1 B Visa and my wife's H4 is being transfered to a new employer. We filed under premium processing last friday (30th May). We have a family emergency and my question is whether my wife can travel to India before our applications are approved. I will remain in the country. Only she will be travelling. Your inputs will be much appreciated in this trying time.
I don't think its a good idea. I think this is where the "Last action rule" of USCIS comes in. While being processed, if you leave the country, then the transfer will probably not be processed. Not a lawyer but I think you should wait to get the approval before travelling.
I don't think its a good idea. I think this is where the "Last action rule" of USCIS comes in. While being processed, if you leave the country, then the transfer will probably not be processed. Not a lawyer but I think you should wait to get the approval before travelling.
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sweet_jungle
12-29 09:52 PM
3 year h1 extension requires I140 to be approved plus non-current priority dates. You can get a copy of the approval from your attorney
I do not see any reason why uscis cannot give 3 year extension with ONLY 485 receipt and I-140 case number printout. With these, USCIS should be able to determine the priority dates and whether the person is retrogressed or not.
An actual case would be helpful.
I do not see any reason why uscis cannot give 3 year extension with ONLY 485 receipt and I-140 case number printout. With these, USCIS should be able to determine the priority dates and whether the person is retrogressed or not.
An actual case would be helpful.
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newuser
10-05 10:50 AM
Its probably a planned leak by the Obama Administration to the press to placate the hispanic lobby. Just chill... nothing's gonna happen.
Its a ploy to keep the immigration community at peace. I don't have high hopes for CIR until 2011. One thing we can keep doing is meeting the lawmakers and making them aware of the issues facing High Skilled Immigrants.
Its a ploy to keep the immigration community at peace. I don't have high hopes for CIR until 2011. One thing we can keep doing is meeting the lawmakers and making them aware of the issues facing High Skilled Immigrants.
mdmd10
08-31 10:48 AM
I don't understand why are you raising this issue in a forum specifically designed to address immigration issues.
If you need to find a good desi consulting company then you would have to do your own research. After all what would you expect from the members...company A is good and company B is bad!
You are not going to get a definite answer from this forum! Also, please understand that there are many members here that may not work for desi consulting companies or are desis for that matter. Do your own research and find a company that works for you without soliciting opinions from a forum not designed for such responses!
My humble 2 cents!
If you need to find a good desi consulting company then you would have to do your own research. After all what would you expect from the members...company A is good and company B is bad!
You are not going to get a definite answer from this forum! Also, please understand that there are many members here that may not work for desi consulting companies or are desis for that matter. Do your own research and find a company that works for you without soliciting opinions from a forum not designed for such responses!
My humble 2 cents!
lazycis
02-14 04:42 PM
What a fabulous ruling this is.
One question for Lazycis:
# (3) actually reads "(3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions for naturalization, particularly because Plaintiffs have already undergone a name check in order to achieve LPR status and will clear the “fingerprint check” described in the Memorandum of January 25, 2008.10 The fingerprint check will show whether an LPR who is applying for naturalization has had any contact with the criminal justice system that would warrant denial of the petition."
As far as I can tell even (1) and (2) only apply to Naturalization applicants.
So the question of the hour is: are (1) and (2) true for AOS cases? I am asking this question because to argue a case for compelling recapture you need an AOS version of Baylson's ruling + the Galvez-Howerton decision (http://immigrationvoice.org/forum/showpost.php?p=223315&postcount=121). Only then can you say that there was affirmative misconduct in 2003 and hence compel recapture.
Great ruling. The analysis is totally applicable to AOS. Moreover, the government admitted that it was wrong in recent memo.
"In the context of removal proceedings, ICE has determined that FBI fingerprint checks and Interagency Border Inspection Services (IBIS) checks are the required checks for purposes of the applicable regulations."
Wait a minute, isn't immigration judge able to grant AOS in removal proceedings? It means that the DHS acknowledges that it wrongfully interpreted regulations for all these years and that name check is not required by law (at least for AOS) as we were saying all along!
I love also this part: "in the unlikely event that FBI name checks reveal actionable information".
As judge Baylson pointed out, "name check" is nowhere to found in laws and regs.
One question for Lazycis:
# (3) actually reads "(3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions for naturalization, particularly because Plaintiffs have already undergone a name check in order to achieve LPR status and will clear the “fingerprint check” described in the Memorandum of January 25, 2008.10 The fingerprint check will show whether an LPR who is applying for naturalization has had any contact with the criminal justice system that would warrant denial of the petition."
As far as I can tell even (1) and (2) only apply to Naturalization applicants.
So the question of the hour is: are (1) and (2) true for AOS cases? I am asking this question because to argue a case for compelling recapture you need an AOS version of Baylson's ruling + the Galvez-Howerton decision (http://immigrationvoice.org/forum/showpost.php?p=223315&postcount=121). Only then can you say that there was affirmative misconduct in 2003 and hence compel recapture.
Great ruling. The analysis is totally applicable to AOS. Moreover, the government admitted that it was wrong in recent memo.
"In the context of removal proceedings, ICE has determined that FBI fingerprint checks and Interagency Border Inspection Services (IBIS) checks are the required checks for purposes of the applicable regulations."
Wait a minute, isn't immigration judge able to grant AOS in removal proceedings? It means that the DHS acknowledges that it wrongfully interpreted regulations for all these years and that name check is not required by law (at least for AOS) as we were saying all along!
I love also this part: "in the unlikely event that FBI name checks reveal actionable information".
As judge Baylson pointed out, "name check" is nowhere to found in laws and regs.
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