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hi,

My spouse got her GC in Sep/2000 filed by her parents. Then went back to India to continue studies with 2 yr permission from INS. Return to US after 2 yr and stayed for 8 months in US and then took trip again back to India for 7 months. And then return back in May/2004 and still here since then.

Outline:
Got GC -- Sep/2000
out of US (Nov/2000 - Oct/2002) with permission from INS or USCIS.
Return to US -- Nov/2002
Stayed 10 months in US
Trip to India --- Sep/2003 (for 7 months)
Return to US -- April/2004

Since April / 2004 here in US.

based on this stasts we my spouse apply for citizenship.

USCIS work sheet eligibility says >> 5 yr GC ->> If not out for 30 months in last 5 yr (true) >> No trip out side of US more then 1 yr. (FALSE - If so execpetion -- took permission - true) >> good moral >> etc., >> APPLY FOR CITIZENSHIP.

But when read the eligi. requir. its says absence more then 1 yr cancel all previous contin. of stay ??? confused with this both understanding.....

Thanks in Advanace !!

Hi guys,

My I140 was approved last week (RD July 2007). I have the approval notice copy from the lawyer but the online status is still saying its pending.

I called uscis and she told me that she is seeing that its pending too but if i have the approval notice then not to worry. It takes them some time sometimes to update the system, as per her.

But my concern is, when my PD becomes current and if their own system shows my I140 penidng(eventhough it's approved), how will they approve 485?

Any one in same boat or any past experience?

Thanks and good luck to all who are waiting.

Guys,

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Thanks

There is a policy for accepting asylees from Cuba and allowing them to seek permenant residency.

Its called the wet feet/dry feet policy. See Here on wikipedia (http://en.wikipedia.org/wiki/Wet_Feet/Dry_Feet_Policy)

The wet feet, dry feet policy (sometimes called the wet-foot, dry-foot Policy) is the name given to a consequence of the 1995 revision of the Cuban Adjustment Act of 1966 that says, essentially, that anyone who fled Cuba and got into the United States would be allowed to pursue residency a year later. After talks with the Cuban government, the Clinton administration came to an agreement with Cuba that it would stop admitting people found at sea. Since then, in what has become known as the "wet feet, dry feet" policy, a Cuban caught on the waters between the two nations, "wet feet", would summarily be sent home or to a third country. One who makes it to shore, "dry feet", gets a chance to remain in the United States, and later would qualify for U.S. citizenship.


You better carry a nice towel with you when you come back from Cuba and make sure your feet are dry when apprehended by coast guard. And make sure you dont end up getting kidnapped and killed in Cuba, coz they really dont have very nice law enforcement.

The leaf should be bigger, and in the center!

thanks guys :love:

H1B Visa Lawyer Blog Has Just Posted the Following:
The United States Immigration and Customs Enforcement (ICE) recently updated their list of Student and Exchange Visitor Program (SEVP) approved schools (http://www.ice.gov/doclib/sevis/pdf/ApprovedSchools.pdf) .

The schools listed have all been certified to participate in the program. The program allows foreign students interested in obtaining an education in the United States to complete a visa petition, pay the required fee, and attend a U.S. College or University. The Department of Homeland Security (DHS) created a web based system called the Student Exchange Visitor System (SEVIS) which maintains information on the foreign students accepted into the program. The SEVIS monitors the students for the duration of their approved stay, as required by the Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA) of 1996.

Interested Foreign students: There is a process in obtaining a student visa, but it is not a difficult one. The student must first obtain Form I-20 from the U.S. College or University from which he/she intends to enroll, pay the required visa fee (Form I-901) and contact a local U.S. Consulate/Embassy to schedule an interview. At the interview, the student must have Form I-20, proof of payment of Form I-901, financial support documentation, and a completed visa application. The SEVP procedures differ among U.S. Consulates/Embassies; contact your U.S. Consulate/Embassy NOW to determine its particular procedure on applying for a visa before planning for the interview.

Interested Schools: There is a separate process to obtain F & M Certification. Authorized school officials must obtain and complete Form I-17. An overview of the SEVP Certification process can be found on the ICE website . If approved, the school will be certified and allowed to issue Form I-20 to qualifying foreign students.

If you need assistance or an explanation of the SEVP/SEVIS (http://www.ice.gov/sevis/), please contact our office (http://www.mvplg.com/contact.htm) to schedule a consultation.





More... (http://www.h1bvisalawyerblog.com/2010/01/updated_list_sevp_approved_sch_1.html)

My second 140 may be approved by this month end.. Neb-Nov. 08-filing... i am hoping i will be able to port my PD..to 12-05

Now..in case i lose my job... and since i am in my 9th yr-h1..which expires may-2010..

suppose ..i cant find a job ...and if i have to leave US.....(but my employer agrees not to cancel my 140)
a.) what should i do to retain my GC process?
b.) How do i switch to CP processing....

Thanks in advance..

You need to file I 824 form and let USCSIS know that you want to transfer your case to consulate. If you are from Mumbai consulate area then u can do AC I 140. becasue I 824 can take 1-2 years to transfer your details.

While in AC I 140 you just need receipt of I 824 and attorney certified package. More details you can get on internet. If you PD is near to current then u can initiate this process and thus with in 3-4 months if PD become current you can get visa interview. Generally they dont ask for hard ship reason for AC I 140 but in your case you can explain about your wait time and impact on your career etc..

To do AC I 140 or normal CP process u need offer letter from employer.

No word from attorney, does any one have any concrete answer from previous experience or first hand knowledge?

Thanks

Hi
My middle name is given only initial on not full on 1-485 ,131 receipt but 765 has full name
can any one advise me on how to resolve it.

I am on H1 now and my H1 B approval also had my middle name as initial.

after you recieve the EAD card you have to apply for SSN at your local SSN office.the time period to recieve SSN is different in different states.i guess the minimum time is 15 business days. please correct me if I am wrong.

cool lookin squid ya got there

Hi Immigration Gurus,

I have a valid H1B Visa which is expiring on Feb 16th, 2008 and my old H1 is expiring the same day as my Visa. I applied for my H1B extension my H1 extension is pending. I am planning to go to india on Dec last week and coming back on jan 7th.

1) Can I travel without any problems/
2) While coming back, what are the documents I need to show, will my old H1 is enough or do I have to show receipt of showing I applied for extension?

I really appreciate your time and advice, advanced thanks

Can someone, renew their EAD while outside of the country?

Yes - as long as your 485 is pending and you have a US address to receive the card.

I got my passport renewed in 2005 as my old one was expiring. I had to send my original passport to the Consulate. They sent the new passport with the old one attached to it.

true but is you ever want to come again on B1 return as soon as possible.

you got a stamp of 6 months stamp of 5.5 ..

to get a longer stamp next time try not to stay even the full 5.5 months