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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/)
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/)
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gcwaiting17
09-11 12:18 PM
May be you are right. My EAD got approved and waiting for FP.
jamesbond007
10-28 03:18 PM
Politicians are used to pander to their audience.
All he did was to use some keywords - "strategic alliance"; "peace"; "fight terror"; "immigration reform" etc.
He needs to list out the specific issues that he thinks are issues; and then propose a solution that would not only fix the said issue, but also prevent it from recurring.
Broad statements don't mean anything. Everyone knows the immigration system in this country is broken. But no politician has listed out (nor acknowledged) the root causes of the broken system.
But unfortunately, being a politician, he will not say anything that would put him in a corner.
********** Happy Diwali to you and your loved ones. **********
All he did was to use some keywords - "strategic alliance"; "peace"; "fight terror"; "immigration reform" etc.
He needs to list out the specific issues that he thinks are issues; and then propose a solution that would not only fix the said issue, but also prevent it from recurring.
Broad statements don't mean anything. Everyone knows the immigration system in this country is broken. But no politician has listed out (nor acknowledged) the root causes of the broken system.
But unfortunately, being a politician, he will not say anything that would put him in a corner.
********** Happy Diwali to you and your loved ones. **********
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jsb
07-20 09:59 AM
1. The title noted on the labor form was "Associate". On the job description letter, is it ok if the title is noted as "Financial Associate Analyst". Plus my labor was approved as IS Manager. Would the "financial" title cause a problem?
2. My lawyer put a very generic sentence as my job description. Does my job experience letter have to have the exact same generic sentence in it? and is it ok if the letter has more duties on it other than the one mentioned on the labor form (i did different stuff at that job, finance, IT, sales etc)
3. My lawyer put the required degree on the labor form as "Computer Science". However; I have a MIS degree. Is that going to be a problem when applying for i140?
It is surprizing that generic description of a job got through Labor without any questions. There is no clear answer to your questions. General principle is that jobs description should be more or less same as in Labor application. If your Labor was approved as IS Manager with your title to be an Associate, your job is expected to be of management type. Analyst job seems to be a technical job. Clear these issues before your employer filing for your 140 proceeds.
2. My lawyer put a very generic sentence as my job description. Does my job experience letter have to have the exact same generic sentence in it? and is it ok if the letter has more duties on it other than the one mentioned on the labor form (i did different stuff at that job, finance, IT, sales etc)
3. My lawyer put the required degree on the labor form as "Computer Science". However; I have a MIS degree. Is that going to be a problem when applying for i140?
It is surprizing that generic description of a job got through Labor without any questions. There is no clear answer to your questions. General principle is that jobs description should be more or less same as in Labor application. If your Labor was approved as IS Manager with your title to be an Associate, your job is expected to be of management type. Analyst job seems to be a technical job. Clear these issues before your employer filing for your 140 proceeds.
more...
kaarmaa
01-18 12:42 PM
"Cutting off the nose to spite the face" -- So true.
raghaone
07-17 11:13 PM
Dear friends,
Please be careful of corrupt attorneys and employers selling same labor to multiple candidates and making money by filing concurrent cases. I am happy that the substitution labor is dead which kills corruption by employers and attorneys. This is one of my bitter experiences with substitute labor.
Please be careful of corrupt attorneys and employers selling same labor to multiple candidates and making money by filing concurrent cases. I am happy that the substitution labor is dead which kills corruption by employers and attorneys. This is one of my bitter experiences with substitute labor.
more...
kirupa
10-27 10:37 PM
Did anyone else try converting this to plaintext before realizing it was random?
I was about to try to decipher it before you just mentioned that haha.
I was about to try to decipher it before you just mentioned that haha.
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ronhira
03-29 12:26 PM
Hello,
I am an F1 visa student and am marrying my sweetheart who is an American citizen. We are planning to pick up the marriage license tomorrow, in MA. I know one of the questions is "residence". Do I put my local residence (I've been here for about 6 years) or my foreign residence? I do not want to jeopardize my status.
Thanks
Congratulations..... this is big deal for each & every human ...... :)
since u'r a student in legal status & u live in US for last 6 yr..... so u've to have a US address..... i think it will be best to put US address..... it will keep things simple..... there is nothing wrong with u having a US address.... becoz u live here......
happy married life.... even though it may sound like an oxymoron ;)
I am an F1 visa student and am marrying my sweetheart who is an American citizen. We are planning to pick up the marriage license tomorrow, in MA. I know one of the questions is "residence". Do I put my local residence (I've been here for about 6 years) or my foreign residence? I do not want to jeopardize my status.
Thanks
Congratulations..... this is big deal for each & every human ...... :)
since u'r a student in legal status & u live in US for last 6 yr..... so u've to have a US address..... i think it will be best to put US address..... it will keep things simple..... there is nothing wrong with u having a US address.... becoz u live here......
happy married life.... even though it may sound like an oxymoron ;)
more...
desigirl
12-01 09:55 AM
Folks,
Here's my situation: Eb2 India (PD of 24th May 2006), filed 485 ONLY for self in September 2008, got married later and hence wife is not yet added to my 485 application. She is dependent H4 on my H1 visa -- so even though I have EAD, I am NOT using it.
Changing jobs now going to same title, similar job duties. The lawyers at hiring company say I can use my EAD and H1b interchangeably! And my understanding was that the moment I use EAD, my H1B is annulled. Is this not right?
Second question -- the lawyer mentions that even if my date becomes current and we can for some reason NOT get my wife's 485 application in, we can always do follow-to-join without any issues. Has someone had any experience with this. My understanding was that I NEED to make sure my wife's 485 application reaches them on the 1st of the month in which my date is becoming current.
Could someone PLEASE comment on these two questions?
Thank you much!
-Shishya
get a second opinion from the lawyer - use the upcoming IV conference call with the lawyer
Here's my situation: Eb2 India (PD of 24th May 2006), filed 485 ONLY for self in September 2008, got married later and hence wife is not yet added to my 485 application. She is dependent H4 on my H1 visa -- so even though I have EAD, I am NOT using it.
Changing jobs now going to same title, similar job duties. The lawyers at hiring company say I can use my EAD and H1b interchangeably! And my understanding was that the moment I use EAD, my H1B is annulled. Is this not right?
Second question -- the lawyer mentions that even if my date becomes current and we can for some reason NOT get my wife's 485 application in, we can always do follow-to-join without any issues. Has someone had any experience with this. My understanding was that I NEED to make sure my wife's 485 application reaches them on the 1st of the month in which my date is becoming current.
Could someone PLEASE comment on these two questions?
Thank you much!
-Shishya
get a second opinion from the lawyer - use the upcoming IV conference call with the lawyer
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ItIsNotFunny
11-12 10:36 AM
Hi California members,
There is an IV action item to fight recent practice of USCIS in denying I485 applications in some AC21 cases. For more info, please visit:
http://immigrationvoice.org/forum/sh...ad.php?t=22182
It�s a serious issue which can affect many of us, please act now and send letters (letter formats and everything else is ready in the thread quoted above). It will only take a few minutes of your time.
State chapter leader,
Please try to bring attention of your state members to this IV core approved effort.
Thank you.
Good Job NK2006.
There is an IV action item to fight recent practice of USCIS in denying I485 applications in some AC21 cases. For more info, please visit:
http://immigrationvoice.org/forum/sh...ad.php?t=22182
It�s a serious issue which can affect many of us, please act now and send letters (letter formats and everything else is ready in the thread quoted above). It will only take a few minutes of your time.
State chapter leader,
Please try to bring attention of your state members to this IV core approved effort.
Thank you.
Good Job NK2006.
more...
permfiling
10-23 10:48 PM
Anybody else whose spouse GC is stalled? Any suggestions?
I received my 485 approval notice but not spouse. We have a info pass appointment on monday.
I received my 485 approval notice but not spouse. We have a info pass appointment on monday.
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rolrblade
08-20 10:16 AM
I remember reading if you travel outside the country while your AP is pending, it will be considered abandoned and you may not receive approval or any refund.
Check with your attorney
This is unfortunately a little incorrect advise. H1B is a dual intent visa, which means it can be held TOGETHER with your AOS or 485.
As long as you use your H1B to travel, you are fine.
Have a good trip
Check with your attorney
This is unfortunately a little incorrect advise. H1B is a dual intent visa, which means it can be held TOGETHER with your AOS or 485.
As long as you use your H1B to travel, you are fine.
Have a good trip
more...
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gcformeornot
03-24 10:04 AM
Check attachment.
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suwsku
04-05 05:35 PM
What status are you in now ?
I never entered the US in the first place.
I never entered the US in the first place.
more...
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gcdreamer05
09-12 10:07 AM
Hi all!
Wat would be the status of F1 student (OPT) mother of a US born baby after her visa expires, who is a single parent???
Well you have sufficient time for the OPT to finish, but say you are at the end of your OPT you need to find a job which does h1b so that you have a valid visa status (or) continue your education so that you have another study visa.
Say you want to go back to your home country, then make sure you have proper visa for your kid to enter your home country. Say your home country is India, then you need to file PIO Card for your kid or get a indian visa for your kid before you enter your home country, because your kid is a US Citizen and needs permit to enter in to your home country.
Wat would be the status of F1 student (OPT) mother of a US born baby after her visa expires, who is a single parent???
Well you have sufficient time for the OPT to finish, but say you are at the end of your OPT you need to find a job which does h1b so that you have a valid visa status (or) continue your education so that you have another study visa.
Say you want to go back to your home country, then make sure you have proper visa for your kid to enter your home country. Say your home country is India, then you need to file PIO Card for your kid or get a indian visa for your kid before you enter your home country, because your kid is a US Citizen and needs permit to enter in to your home country.
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prem_goel
07-28 02:27 PM
Just to let everyone know if any of you encounter the same issue -
called up USCIS Customer Service and spoke to them about this error. They said to mention this in the Cover Letter (When I send the supporting docs) as a mistake that happened while filing the EAD and what the correct answer should be. They said it'll be then taken care of.
Am going to do accordingly!
Thanks
called up USCIS Customer Service and spoke to them about this error. They said to mention this in the Cover Letter (When I send the supporting docs) as a mistake that happened while filing the EAD and what the correct answer should be. They said it'll be then taken care of.
Am going to do accordingly!
Thanks
more...
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jliechty
February 18th, 2006, 08:09 PM
It's a bit of a pain to use... it shows up every flaw in my technique. I can't get away with some of the handholding sloppiness that I could with the D1. ;)
My only comparisons are the D1 and the D70, the former which I owned, and the latter which I used several times for several hours each. The D200 is definitely of a professional build, unlike the D70, but [speculation warning!] not quite as good as the D2 series. For a mixture of landscape and macro, with a bit of event photography thrown in (the latter being all that I've been able to do with it so far), it's everything I could have hoped for, and more.
Sadly, I haven't made any prints from it yet (partly due to not having time to shoot something that I consider worth wasting ink on), but I don't think that the resolution is going to be a problem for anything that the average amateur would want. It is even possible to crop a bit without worries. I anticipate that it will get a lot of use over spring break, and after that time I hope to write something to post to the user-contributed reviews section of the site. :)
My only comparisons are the D1 and the D70, the former which I owned, and the latter which I used several times for several hours each. The D200 is definitely of a professional build, unlike the D70, but [speculation warning!] not quite as good as the D2 series. For a mixture of landscape and macro, with a bit of event photography thrown in (the latter being all that I've been able to do with it so far), it's everything I could have hoped for, and more.
Sadly, I haven't made any prints from it yet (partly due to not having time to shoot something that I consider worth wasting ink on), but I don't think that the resolution is going to be a problem for anything that the average amateur would want. It is even possible to crop a bit without worries. I anticipate that it will get a lot of use over spring break, and after that time I hope to write something to post to the user-contributed reviews section of the site. :)