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  • Blog Feeds
    12-19 01:00 PM
    Immigration Visa Attorney Blog Has Just Posted the Following:
    Jon and Kate Plus 8, the once-popular TLC reality program about the Gosselin family, their twins and their sextuplets is kaput. But that's old news. Today, the Gosselins officially closed the chapter on their 10 year marriage with the announcement their divorce becoming final.

    Divorce is always difficult. Kate says she looks forward to her future. No word from Jon...yet. For the Gosselins, they can and should move on.

    But what if Jon or Kate were immigrants? What if Jon or Kate faced deportation because their marriage failed? If Jon or Kate had been granted a greencard based on their marriage, what would happen to them once their marriage ended?

    This is an immigration concept called conditional residency. We represent many individuals who apply for permanent residency through their marriage to a US citizen. These are usually great cases because we are helping happy new couples stay together, and "move forward" in their lives. But what happens if the happy couple separates or divorces? In the worst scenario, USCIS will revoke or terminate the foreign spouse's conditional residency, leaving the spouse vulnerable to deportation proceedings, standing alone and at best, with competent immigration counsel at his/her side.

    In revoking conditional residency and initiating deportation proceedings, USCIS looks into the nitty gritty details of what happened in that marriage, was the marriage entered into for the immigration benefit rather than purely for love? Who's fault was it that the marriage ended? And could you (the foreign national) prove it? Imagine the reality show going behind the scenes to investigate, whether it was Kate's nagging that led to the failure of the marriage, or whether Jon's alleged affairs were the actual cause of the breakup and divorce. And would you feel comfortable knowing that USCIS is your final arbiter? If you married, got conditional residency and are now in divorce proceedings or separated from your spouse, think about calling Fong & Chun, LLP for a free consultation. ---ecf

    More... (

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  • GCHope2011
    02-27 04:20 PM
    I am on F1 visa. I enrolled in one of the university. I don't attend university in person. I do attend classes online from another state. My question is that I am resident of which state ?? Will I be automatically resident of state where exactly my university is ? I know it is mandatory to attend classes in person on F1. Can you please advise ? How is residency considered ?

    Thank you very much.
    If you are on F1, you need to be attending courses in-person - so e-learning/ distance learning is a voilation per-se of F1.

    Now, if you were attending the courses in-person, you can be residing anywhere (particularly in cities close to state borders), and your residency will be the address where you are staying, not the university you are enrolled in. There is nothing in the rules to be a resident of the same state as your Univ is.

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  • gman
    04-30 09:43 AM
    Is letter from employee needed for filing I-485 for my spouse. I filed I-485 under EB3 last August and it's still pending. She takes my PD and my PD will be current in May. I have an old letter from my employer when filing my I-485 last August but was wondering if a new letter from employer is needed or the old one would do.

    Thanks in advance.

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  • birdwing
    07-24 06:29 PM
    what is the purpose of this?

    If it is to share comments between people working on the same project, it would probably be easier to convert it to xps and use document viewer to see it. And then the comments could be saved as a .txt file and sent with the other file.

    Thats my 2 cents although it would be cool to get it working the way you first envisioned.


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  • kumar1305
    01-25 03:06 PM
    IMO: 7th Year extn can be filed if PERM is pending for more than 365 days or if I-140 is approved.

    You can also get 7th yr extension with approved labor. With approved I-140 you get 3 yrs of extension.

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  • milmuk
    08-24 09:25 PM
    This is a contract position to work in canada.This is normally through couple of vendors.

    My employer is a small consulting company,which don't have own projects.So they pay only when I get project with other consultancies companies and bill through them.


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  • tillu
    04-01 10:31 PM
    Hi There,

    Is it possible??

    Company "A" negotiating with a person who does not have paystubs, as he always been on bench.

    during this time Company "B" apply for H-1B Transfer(without paystubs as they plan to submit later in a week or so)

    Company "A" did the settlement and issues paystubs etc... but same time they apply cancellation of H1.

    Can a transfer be done like this???

    Please advise as i am dying day and not make a fun of it.

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  • saravanaraj.sathya
    08-22 05:55 PM
    You ve 2 options:

    a. Apply COS from H1 to L1 an H4 to L2. But I am not sure whether you can revert back to H1 at a later date.
    b. Exit USA an re-enter using valid L1/L2 visa.

    I am in a very Bad situation it seems, please help.

    I am working in US on L1B visa and Wife on L2. then Wife got a Job and her employer filled her 485.

    In the mean time I applied for H1 (through a consultant, to get out of the L1B company). Looks like the H1 Got Approved. Now, I think the problem is, If I switch to H1, then she will loose her job and our chance of Getting EAD will go.

    I do NOT want to go for H1, but EAD Is important to me. Is there a Way I can keep my L1? (so that my wife can keep her job)

    Please help


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  • glosrfc
    10-31 08:43 PM
    Yup..pineapples, corn, cable cars, jugular veins...

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  • vasudev19
    04-09 03:06 PM
    My H1B expired on sept 2009. My employer applied for my visa extension I received my approved 797 copy, but I 94 number on my 797 and passport are not matching. To explain further, when I first entered in US in March 2007 I got I 94 (ex: 123), when I last time entered in US in April 2008 I got I94 (ex: 456) which is my latest I94 number displayed on my passport. My latest H1B extension valid till sept 2012 is showing I 94 number issued to me when I entered in 2007 (123) instead of my latest I 94 number(456) attached to my passport.
    Will this be a problem? I have to sponsor my in-laws visa so please guide me how this can be handled. Any help appreciated. Thank you very much in advance.


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  • kumarr
    04-08 01:03 PM
    I just noticed on USCIS website that all 4 of our family's I-485 (myself, wife, 2 children) have new LUD of 4/1/2009.

    The message still says "case received and pending" on all cases.

    I wonder what it means?


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  • LostInGCProcess
    11-01 04:54 PM
    I think you should send a copy of the 485 Receipt notice.. This is a classic, Right hand not knowing what the left hand does situation with USCIS..

    Thank you. I'll do that.


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  • mailmy_gc
    05-19 03:33 PM

    I think these days especially (Nebraska service center) is looking for every possible to give RFE. RFE Looks like not complicated but you need to explain in detail every item.

    Hope some senior members or attorney will help you.

    All the best -

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  • Blog Feeds
    03-31 12:40 PM
    AILA Leadership Has Just Posted the Following:

    Just when you thought it couldn't get much worse.

    Now we are told that ICE agents grab mentally ill immigrants right from mental hospitals, ship them off to a Texas detention center without word to family or counsel, and deport them. Could ICE's behavior be any more horrific?

    The latest ICE outrage against immigrants has been released in a study conducted by Texas Appleseed, a public interest law center, and Akin Gump, a corporate law firm, and documents ICE's mistreatment of mentally ill immigrants at every stage of the deportation process.

    The report is just the latest in a stream of countless stories of neglect, abuse, and deaths of detainees in ICE detention. Some tales fit neatly into the annals of the world's most oppressive regimes, including the plight of Boubacar Bah, who, after mysteriously suffering a skull fracture, was handcuffed by ICE officials while writhing in agony in his own vomit on the floor of a New Jersey detention center, then locked-up in an isolation cell for 13 hours without medical treatment and, finally, transported to a hospital in a coma where he later died, (See Secret Horror Stories: ICE Officials Hid The Truth About Immigrant Deaths In Detention

    Several months ago homeland security secretary Janet Napolitano and ICE assistant secretary John Morton announced a review of the ICE detention operations with the stated goal of creating a "truly civil" detention system. But in light of the continuing reports of deaths, abuse, neglect, cover-ups, and other corruption, it is beyond dispute that the ICE detention system is a national disgrace. DHS should not tolerate even a single case of abuse or neglect of a person in ICE detention. The poor treatment of the mentally ill should also be viewed in light of the recent March 27 Washington Post article revealing dissension at top levels of ICE management. Napolitano and Morton are now suffering from a credibility gap. They must demonstrate clear and forceful leadership if they want to succeed in implementing the priorities and reforms they announced months ago on enforcement. All Americans are entitled to be secure in the knowledge that individuals detained by ICE will be treated humanely, and in accordance with applicable detention standards.

    More... (


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  • validIV
    03-20 02:29 PM
    Check with the prevailing wage for your new location that matches your job title/description. It needs to be close to that.

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  • ssg.gcl
    10-12 04:31 PM
    I have a EB2 labor that is approved from BEC. But i have already applied 140 and 485 using EB3 labor and both are pending. Now I am planning to interfile 485 once my old 140 approves.

    My question is does my labor expire, If I dont use it to file 140.

    Thanks for your advice.


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  • bayarea07
    07-22 08:12 PM
    Wondering if anyone has a ecommerce online retail business , would be wonderful to exchange ideas and help each other.
    Please PM Me.


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  • sympa21
    05-16 08:34 PM
    Hi there,
    Besides my lawyer. When I went to Info Pass they told me the same thing I can't file for the I485 untill the I130 is approved because I was in removal proceedings when we got married. Info pass also said that I130 in removal proceedings is handeled differenty. I don't have a work permit or social yet since i can't file for I485.
    thanks for the reply

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    10-09 04:42 PM
    That is what , i don't have any information with me about I140 except the fact that it got approved one year ago and now i applied 485 and got EAD cards also.

    IS there any way to get when both employer and attorney is not willing to give it to me ? Or is it really required ?

    I dont even have the receipt number.

    my point is UCSIS know about approved I- 140 bcz they approved it. Also i am hoping my attorney added some information about the I-140 in my I485 when he applied.. Is that correct ?

    salvador marley
    04-29 05:03 PM
    is it possible for kirupa to remove it?

    01-12 03:11 PM

    I believe you should be okay if you were not employed during that period. Remember the green card is for future employment.

    But for the best advice check with an Attorney before you proceed to the interview and be prepared for questions regarding the gap.

    Hope all works out for you.

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