Ann Ruben
01-30 09:52 AM
By "up front", I mean honest.
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Blog Feeds
12-18 09:50 AM
As a California immigration lawyer who files many asylum cases, I am used to thinking of a the United States as a place of refuge and to documenting the horrible country conditions of other countries. I have successfully represented applicants for asylum who feared staying in their countries because while serving in their countries' armies, they were harmed on account of their sexual orientation.
It is therefore rather surprising to come across a story of a U.S.soldier who is fleeing to Canada (http://www.cbc.ca/canada/story/2009/11/20/refugee-board-soldier-lesbian.html) because she fears harm in the U.S. Army on account of her sexual orientation. According to CBC news, U.S. Army Pte. Bethany Smith fled Canada in September 2007 from a U.S. Army base in Fort Campbell, Ky. She applied for refugee status in October 2007, saying that she was harassed and threatened by fellow soldiers over her sexual orientation and feared that her life would be in danger if she were deported and returned to the army. The Canadian authorities initially rejected in her claim in February 2009. However, on appeal, the Federal Court of Canada held that the refugee board must reconsider the case again because the Board made several mistakes in initially reviewing her claim.
The Federal Court's decision (http://www.californiaimmigrationlawyerblog.com/Smith%20and%20the%20Minister%20of%20Citizenship%20 and%20Immigration.pdf)noted that the refugee board failed to fully consider the evidence pertaining to the situation of gays and lesbians in the U.S. Army to determine whether Pte. Smith could have availed herself of protection in the United States. The Federal Court also noted that the Board failed to determine whether Pte. Smith would be persecuted on account of her social group - as a lesbian in the U.S. Army if forced to return. There were other errors mentioned in the decision.
It is sad that the U.S. policy of "Don't Ask, Don't Tell," is the basis of an asylum claim in Canada. Pt. Smith was only 19 years old when she fled to Canada. From everything I read, it appears that she wanted to serve in the U.S. Army and no real desire to leave the United States. At a time when we apparently need people to serve in the Armed Forces and in fact give non-citizens a way to immigrate to the United States faster for their service, it seems ridiculous that an American citizen should have to leave. It it is time to eliminate the "Don't Ask, Don't Tell" policy.
More... (http://www.californiaimmigrationlawyerblog.com/2009/11/us_army_soldier_applies_for_as.html)
It is therefore rather surprising to come across a story of a U.S.soldier who is fleeing to Canada (http://www.cbc.ca/canada/story/2009/11/20/refugee-board-soldier-lesbian.html) because she fears harm in the U.S. Army on account of her sexual orientation. According to CBC news, U.S. Army Pte. Bethany Smith fled Canada in September 2007 from a U.S. Army base in Fort Campbell, Ky. She applied for refugee status in October 2007, saying that she was harassed and threatened by fellow soldiers over her sexual orientation and feared that her life would be in danger if she were deported and returned to the army. The Canadian authorities initially rejected in her claim in February 2009. However, on appeal, the Federal Court of Canada held that the refugee board must reconsider the case again because the Board made several mistakes in initially reviewing her claim.
The Federal Court's decision (http://www.californiaimmigrationlawyerblog.com/Smith%20and%20the%20Minister%20of%20Citizenship%20 and%20Immigration.pdf)noted that the refugee board failed to fully consider the evidence pertaining to the situation of gays and lesbians in the U.S. Army to determine whether Pte. Smith could have availed herself of protection in the United States. The Federal Court also noted that the Board failed to determine whether Pte. Smith would be persecuted on account of her social group - as a lesbian in the U.S. Army if forced to return. There were other errors mentioned in the decision.
It is sad that the U.S. policy of "Don't Ask, Don't Tell," is the basis of an asylum claim in Canada. Pt. Smith was only 19 years old when she fled to Canada. From everything I read, it appears that she wanted to serve in the U.S. Army and no real desire to leave the United States. At a time when we apparently need people to serve in the Armed Forces and in fact give non-citizens a way to immigrate to the United States faster for their service, it seems ridiculous that an American citizen should have to leave. It it is time to eliminate the "Don't Ask, Don't Tell" policy.
More... (http://www.californiaimmigrationlawyerblog.com/2009/11/us_army_soldier_applies_for_as.html)
Asian
10-03 10:00 AM
Kapoor made many good points very clearly! A very good job indeed.
I hope many more newspapers and magazines will deal with this story as well.
I hope many more newspapers and magazines will deal with this story as well.
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Immigration voice
06-08 04:25 PM
Any members in Iowa, please post here.
Hi, Everyone,
Any idea how long it takes to get 485 approved. I applied on EB1. My I-140 was approved in Jan07. Any idea about FBI check I mean Background check,Name check and other checks.....how much time it takes....
And in case if it stck where it could be and how to check the status of that stuck??????????????/
Can any one tell me how to check the status of my application or name chack with FBI.Where to call, whats the number and what to ask there etc etc....and other related questions
I'll appreciate your suggestions and reply.
Thanks,
IA
Hi, Everyone,
Any idea how long it takes to get 485 approved. I applied on EB1. My I-140 was approved in Jan07. Any idea about FBI check I mean Background check,Name check and other checks.....how much time it takes....
And in case if it stck where it could be and how to check the status of that stuck??????????????/
Can any one tell me how to check the status of my application or name chack with FBI.Where to call, whats the number and what to ask there etc etc....and other related questions
I'll appreciate your suggestions and reply.
Thanks,
IA
more...
santa123
10-16 08:49 AM
Moonrah
I am on the same boat; Any luck with the FOIA request without the Alien number?
My I140 is approved, yet to apply for my I485 and I do not have a alien number. So how do i complete my FOIA without the Alien number? Pls let me know.
I am on the same boat; Any luck with the FOIA request without the Alien number?
My I140 is approved, yet to apply for my I485 and I do not have a alien number. So how do i complete my FOIA without the Alien number? Pls let me know.
h1bjava
03-14 12:26 PM
Gurus Please take a moment to answer my previous question. Thank you.
more...
Iamthejuggler
03-29 01:24 PM
I am not the judggler!
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MA001
12-18 01:10 PM
My company wants me to relocate to another state. Because of which I need to re apply for new LC for green card processing. My current approved LC is EB3. My question: To be able to apply for EB2 position, can I use training & experience gained in my current company?
more...
jonnalagedda
06-24 07:11 PM
I do not want to renew the advanced payroll, since I do not foresee travel within the next 18 months overseas. Is there a way I can skip the renewal this time around (1-year extension) and renew it the next time? If there is an emergency, I can still go to India and have the Visa-stamped since we have a valid H1/H4 right?
Are there any risks here?
Are there any risks here?
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imm_pro
11-30 12:42 PM
i got mine in like 10 days..
more...
yestogc
05-04 08:48 PM
YES return flight for whole family is employers responsibility ................. of course not by business class.
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krishna.ahd
05-01 07:18 AM
What do you mean by filing ?
Is there anything to file for AC21 ? I somehow thought it's implicit and you just have to let USCIS know that you have changed your job. That's all. That too is not a mandatory task but most lawyers suggest it to play safe. I think it's matter of sending the letter with details to USCIS.
You just be prepared to explain at the 485 interview or reply to RFE's or NOID's if sent by USCIS, which wont happen till your 485 date is current or your sponsoring employer withdraws 140.
Best way to handle this, do not send any detail AC21 to INS, but keep all the documents emeployment offer with job description , paystub and W2 till you get RFE at 485 stage ( If lucky you may not get at all)
Again you may change job again before 485 stage hit.
Is there anything to file for AC21 ? I somehow thought it's implicit and you just have to let USCIS know that you have changed your job. That's all. That too is not a mandatory task but most lawyers suggest it to play safe. I think it's matter of sending the letter with details to USCIS.
You just be prepared to explain at the 485 interview or reply to RFE's or NOID's if sent by USCIS, which wont happen till your 485 date is current or your sponsoring employer withdraws 140.
Best way to handle this, do not send any detail AC21 to INS, but keep all the documents emeployment offer with job description , paystub and W2 till you get RFE at 485 stage ( If lucky you may not get at all)
Again you may change job again before 485 stage hit.
more...
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AGUTHA
02-22 09:05 AM
Hello,
My 6 years on H1B is going to expire in Oct 10. I want to file for extension but the lawyer says that i can do it only after Mar 10 that is 6 months before h1b expires.
----You can apply after Mar 10.
I have to visit my home country in May 10 and i wanted to go with my new h1b documents.
---If you go on May 10, You can get US visa for remaining months.
----my idea is apply premium on Mar 1st.You will get it within 15 days.
My 6 years on H1B is going to expire in Oct 10. I want to file for extension but the lawyer says that i can do it only after Mar 10 that is 6 months before h1b expires.
----You can apply after Mar 10.
I have to visit my home country in May 10 and i wanted to go with my new h1b documents.
---If you go on May 10, You can get US visa for remaining months.
----my idea is apply premium on Mar 1st.You will get it within 15 days.
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RandyK
04-03 02:06 PM
Good information
http://imminfo.com/resources/newsletter/2008-04Newsletter.pdf
http://imminfo.com/resources/newsletter/2008-04Newsletter.pdf
more...
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nashorn
08-12 03:55 AM
Nothing. Figured application has to be transfered from NSC to TSC. That is going to take more time.
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ronhira
07-02 06:45 AM
Rest all states should pass similiar law............
they should have passed this law when your forefathers illegally arrived to these shores..... then your sorry as$ would not be here today asking for similar law in other states.....
they should have passed this law when your forefathers illegally arrived to these shores..... then your sorry as$ would not be here today asking for similar law in other states.....
more...
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aroranuj
04-09 04:16 PM
Can anyone whose I-140 has been denied the 1st time shed some light on their experience too?
Thanks.
Thanks.
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wandmaker
09-02 12:34 PM
Hi,
Almost 22 week past, No response From Mumbai Consulate
Interview Date - 13-Feb-2009
Purpose - H1B Visa Stamping(VISA Approval in 2008 before had F1 Visa)
Interview - VO Asked me few Questions and then asked me to show your company's Wages report and your consultacy and client where u worked agreement letter. I have given him both the docs. and Vo kept with him and gave me 221G Yellow letter which mentioned your docs. are in administrative processing and didn't mentioned any time frame.
After my Employer and i frequently sent emails and faxes to mumbai consulate but no response yet.
Anybody Knows what i have to do. Please advice me further .
Regards,
Krrish
Once it goes into hibernation, there is nothing much you can do. If you are a student (f1 visa), you can have your university step in for help, but it also limited.
please share you story, follow the thread, it will help many people
http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/34390-iv-action-item-visa-revalidation-campaign.html
http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/483469-iv-action-item-fixing-visa-stamping-delays.html
Almost 22 week past, No response From Mumbai Consulate
Interview Date - 13-Feb-2009
Purpose - H1B Visa Stamping(VISA Approval in 2008 before had F1 Visa)
Interview - VO Asked me few Questions and then asked me to show your company's Wages report and your consultacy and client where u worked agreement letter. I have given him both the docs. and Vo kept with him and gave me 221G Yellow letter which mentioned your docs. are in administrative processing and didn't mentioned any time frame.
After my Employer and i frequently sent emails and faxes to mumbai consulate but no response yet.
Anybody Knows what i have to do. Please advice me further .
Regards,
Krrish
Once it goes into hibernation, there is nothing much you can do. If you are a student (f1 visa), you can have your university step in for help, but it also limited.
please share you story, follow the thread, it will help many people
http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/34390-iv-action-item-visa-revalidation-campaign.html
http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/483469-iv-action-item-fixing-visa-stamping-delays.html
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praneet
08-19 10:12 PM
Hi there,
I am working for a small Indian consulting company with 60-70 employes. My H1b expires on Sep 30 2009 and initial extension for next 3 years was filed on a regular processing on May 13th and moved to premium processing on Jul 27th. I was working with an insurance client at the time it was filed and expedited thru premium processing. I also mentioned the client name and address at the time of filing extn.
Now I got below RFE asking for a supervisor name from the client (they also mentioned client's name in RFE)
1)The project name the beneficiary is assigned to
2)Whether there is a vendor through whom the beneficiary's services are provided;
3)The name of the vendor appilicable;
4)Whether the end client or the vendor supervises the beneficiary;
5)The name, title, contact information of the person who primarily supervises or will supervise the beneficiary at the worksite;
6)Whether the worksite has the ability to assign the beneficiary to a different employer.
The day I received RFE the contract between my company and end client came to surprise end(FATE!!).
Here are my Questions:
1) One of the major Indian software company is ready to give me offer and take me as their employee in US. Can I withdraw my petition thru my employer and ask Indian company to apply for a transfer before Sep 30th?
2) what will be the success rate of transfer after withdrawal? and consequences in my future GC processing ?
3) What if my employer withdraws petition and files new petition mentioning that I am working on in-house project. We have some work at in house too.
4) My employer also looking for other clients and hopefully I will get one soon. a) In this case Can I withdraw the petition and apply a new one with a new client information? b) or Respond the current RFE with new client details and explnation. (I heard that USCIS don't entertain this.)
5) what is the better option to get the extension approved out of above all? New suggestions also welcome
Thanks in advance.
I am working for a small Indian consulting company with 60-70 employes. My H1b expires on Sep 30 2009 and initial extension for next 3 years was filed on a regular processing on May 13th and moved to premium processing on Jul 27th. I was working with an insurance client at the time it was filed and expedited thru premium processing. I also mentioned the client name and address at the time of filing extn.
Now I got below RFE asking for a supervisor name from the client (they also mentioned client's name in RFE)
1)The project name the beneficiary is assigned to
2)Whether there is a vendor through whom the beneficiary's services are provided;
3)The name of the vendor appilicable;
4)Whether the end client or the vendor supervises the beneficiary;
5)The name, title, contact information of the person who primarily supervises or will supervise the beneficiary at the worksite;
6)Whether the worksite has the ability to assign the beneficiary to a different employer.
The day I received RFE the contract between my company and end client came to surprise end(FATE!!).
Here are my Questions:
1) One of the major Indian software company is ready to give me offer and take me as their employee in US. Can I withdraw my petition thru my employer and ask Indian company to apply for a transfer before Sep 30th?
2) what will be the success rate of transfer after withdrawal? and consequences in my future GC processing ?
3) What if my employer withdraws petition and files new petition mentioning that I am working on in-house project. We have some work at in house too.
4) My employer also looking for other clients and hopefully I will get one soon. a) In this case Can I withdraw the petition and apply a new one with a new client information? b) or Respond the current RFE with new client details and explnation. (I heard that USCIS don't entertain this.)
5) what is the better option to get the extension approved out of above all? New suggestions also welcome
Thanks in advance.
joydiptac
05-18 05:32 PM
My Green Card is stuck at EB2 Stage but all this time I forgot that I have potential for a British Citizenship based on my birth place and Father being a Britisher.
Now can I reapply as a Brit - all over again hoping to get past the long queue. I am not interested in gaming - dont get me wrong - I had been in UK for some 5-6years working and am easily eligible for to get UK Citizenship that I did not explore. Now can I change the situation ?
Hope you are posting your question for US immigration. (This site discusses US immigration)
As far as I know the country of chargeability is your or your spouse's birth country(Choice during I485 application) not based on citizenship. HTH
Now can I reapply as a Brit - all over again hoping to get past the long queue. I am not interested in gaming - dont get me wrong - I had been in UK for some 5-6years working and am easily eligible for to get UK Citizenship that I did not explore. Now can I change the situation ?
Hope you are posting your question for US immigration. (This site discusses US immigration)
As far as I know the country of chargeability is your or your spouse's birth country(Choice during I485 application) not based on citizenship. HTH
GotGoose?
04-26 08:12 AM
Very nice - I like the green one a lot too.
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