Blog Feeds
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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Steve Mitchell
April 18th, 2004, 11:03 PM
Nice job. Looks like you had no troble getting your desired focus point with the D@H. How are you finding the D2H? How long have you had it? What did you have before?
Here are some shots with the D2h and 105mm...what do you think?
http://photos.imageevent.com/emilydinh/phatshare/websize/DSC_0827.jpg
http://photos.imageevent.com/emilydinh/phatshare/websize/DSC_0832.jpg
http://photos.imageevent.com/emilydinh/phatshare/websize/DSC_0833.jpg
http://photos.imageevent.com/emilydinh/phatshare/websize/DSC_0839.jpg
http://photos.imageevent.com/emilydinh/phatshare/websize/DSC_0841.jpg
http://photos.imageevent.com/emilydinh/phatshare/websize/DSC_0881.jpg
http://photos.imageevent.com/emilydinh/phatshare/websize/DSC_0914.jpg
http://photos.imageevent.com/emilydinh/phatshare/websize/DSC_0948.jpg
http://photos.imageevent.com/emilydinh/phatshare/websize/DSC_0951.jpg
http://photos.imageevent.com/emilydinh/phatshare/websize/DSC_0965.jpg
http://photos.imageevent.com/emilydinh/phatshare/websize/DSC_0971.jpg
Here are some shots with the D2h and 105mm...what do you think?
http://photos.imageevent.com/emilydinh/phatshare/websize/DSC_0827.jpg
http://photos.imageevent.com/emilydinh/phatshare/websize/DSC_0832.jpg
http://photos.imageevent.com/emilydinh/phatshare/websize/DSC_0833.jpg
http://photos.imageevent.com/emilydinh/phatshare/websize/DSC_0839.jpg
http://photos.imageevent.com/emilydinh/phatshare/websize/DSC_0841.jpg
http://photos.imageevent.com/emilydinh/phatshare/websize/DSC_0881.jpg
http://photos.imageevent.com/emilydinh/phatshare/websize/DSC_0914.jpg
http://photos.imageevent.com/emilydinh/phatshare/websize/DSC_0948.jpg
http://photos.imageevent.com/emilydinh/phatshare/websize/DSC_0951.jpg
http://photos.imageevent.com/emilydinh/phatshare/websize/DSC_0965.jpg
http://photos.imageevent.com/emilydinh/phatshare/websize/DSC_0971.jpg
monicasgupta
05-22 09:10 AM
I have soft LUDs since last 4 consecutive dates i.e, 05/18, 05/19, 05/20, 05/21.
PD(EB2) - June 2006
I-140 - Approved Nov 2008
I-485(FD) - 01/08/2007
PD(EB2) - June 2006
I-140 - Approved Nov 2008
I-485(FD) - 01/08/2007
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whitecollarslave
09-22 10:45 AM
I will be going to a USCIS roundtable on customer service on Sept 23.
I am being told that this roundtable is with other USCIS customers facilitated by USCIS staff. From what I know, the focus will be on customer service.
Did anybody else sign up for this?
If you have any comment/feedback/experience related to customer service that you want to share, please contact me.
I am being told that this roundtable is with other USCIS customers facilitated by USCIS staff. From what I know, the focus will be on customer service.
Did anybody else sign up for this?
If you have any comment/feedback/experience related to customer service that you want to share, please contact me.
more...
ajithkumar
04-26 09:52 AM
hi Crazymonk...
they didnot hold my passport at the newdelhi consulate ...but has issued me a 221g asking me to submit a notirized list of all the employees in my company B with start date,end date,specific job title ,immigration status,yearly salary
and
w2 of all the employees in company B for the past one years
which i submitted after which i had got the refusal under 221g
they didnot hold my passport at the newdelhi consulate ...but has issued me a 221g asking me to submit a notirized list of all the employees in my company B with start date,end date,specific job title ,immigration status,yearly salary
and
w2 of all the employees in company B for the past one years
which i submitted after which i had got the refusal under 221g
roseball
01-02 10:09 PM
Hi sir,
I have some queries regarding my journey. I just wanted to clarify them. Actually I got visa in Sept,2008 and expires on Sept 2011. I am planning to come in Feb,2011.Will I face any issues regarding my visa at the port of entry, because it expires in 8 months. So I am worried regarding that please clarify my query?
If I face any issues over there what will be my next step to proceed?Please suggest me.
Thanks and Regards,
Kadiv
What type of visa are you planning to enter on? If on H1, you will be required to show proof of employment at the port of entry. If you are coming through a consulting company to work at a Client's site, then there is a possibility that you will also be asked for a Client letter, especially because its been a while since your VISA was issued. Make sure to carry all supporting documents with you to show at the POE, if asked.
I have some queries regarding my journey. I just wanted to clarify them. Actually I got visa in Sept,2008 and expires on Sept 2011. I am planning to come in Feb,2011.Will I face any issues regarding my visa at the port of entry, because it expires in 8 months. So I am worried regarding that please clarify my query?
If I face any issues over there what will be my next step to proceed?Please suggest me.
Thanks and Regards,
Kadiv
What type of visa are you planning to enter on? If on H1, you will be required to show proof of employment at the port of entry. If you are coming through a consulting company to work at a Client's site, then there is a possibility that you will also be asked for a Client letter, especially because its been a while since your VISA was issued. Make sure to carry all supporting documents with you to show at the POE, if asked.
more...
H1bslave
07-30 02:03 PM
My case is similar too, my husband filed 485 for both of us on 29th June, we both have H1b. But on June 15th one H1b transfer was filed for me (dependent in 485) which was confirmed to us on June 22nd and I joined new company on June 26th.
But the whole transfer thing is not mentioned in 485 because we were not aware at time of filling forms (june 18th).
Is this going to create problem? do we need to send update/form to USCIS about this?
But the whole transfer thing is not mentioned in 485 because we were not aware at time of filling forms (june 18th).
Is this going to create problem? do we need to send update/form to USCIS about this?
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rajesh_kamisetty
06-22 11:31 PM
,,
more...
gconmymind
04-21 10:52 AM
You should be getting paid >= the salary mentioned on your H1B labor. GC is for future employment and the GC labor salary could be different from your H1B labor salary.
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seemashah
02-21 05:29 PM
usually a CPA can give an audited report ...or the bank auditors can
Is the company a Corp, LLC or sole prop?
>>The company is a Corporation. Can any CPA give an audit report... can you be more elaborative about the process of getting audited report... like what are we supposed to provide the CPA to get the audit report...
Is the company a Corp, LLC or sole prop?
>>The company is a Corporation. Can any CPA give an audit report... can you be more elaborative about the process of getting audited report... like what are we supposed to provide the CPA to get the audit report...
more...
ski_dude12
01-20 04:08 PM
Yeah. Mention the company's name that filed GC for you/wife. I did the same for my wife. During the interview we both were asked about whether employer had filed for our GC and we said yes. We got the visa, no issues whatsoever.
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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?
Thanks.
The message still says "case received and pending" on all cases.
I wonder what it means?
Thanks.
more...
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amyleu
06-18 12:55 PM
I filed the Labor Certification since September, 07 and got audited in November, 07. The response was sent to DOL in November, 07. I have not heard anything since then. Also, my H1B visa expired in the early of May, 08. I left US on April 28, 08. I�m very frustrated and depressed, and the lawyer is very unhelpful. I got questions as follows:
1) Should I refile the Labor Certification with my current employer in the new position? How about the audit? Should I request to DOL to withdraw the application first and refile the new one? Will my PD be changed according to the new filing date?
2) What would be the best way about H1B visa? I was out of US for one and a half month during these 6 years of H1B period. I heard that the vacation can be recapped, and I will be able to go back to US in the mid of July, 08 due to the pending PERM application for 365 days. In this case, should I start filing the H1B recapture with the H1 Extension now since my application will be pending for a year by the mid of July, 08 (include one and a half month times out of US). Otherwise, should I wait and start the application in the mid of July, 08?
3) If my Labor Certification is pending again till the end of one year extension (in the case of getting the approval on one year extension), do I have to leave US again?
4) I wonder if I should wait outside US for a year until the early of May, 09. Then, reapply the new 6 year- H1B visa again. Can my current employer do that for me? Would it be the better option comparing to the H1B recapture and H1B extension? In the case of starting the new application, when should I start the application? I heard the new H1B cap usually starts around the early of April and will be filled up within a couple days. Also, I have to wait for one year prior to applying for a new H1B, counting the day that my visa expired. So, does it mean that I have to wait till the early of May, 09 to be eligible to send the H1B application since the application will be rejected from USCIS in the case of submitting it prior to the early of May, 09 (one year rule)? Will the cap be filled up by then and what will I do?
Anybody, please advise. Thank you very much.
1) Should I refile the Labor Certification with my current employer in the new position? How about the audit? Should I request to DOL to withdraw the application first and refile the new one? Will my PD be changed according to the new filing date?
2) What would be the best way about H1B visa? I was out of US for one and a half month during these 6 years of H1B period. I heard that the vacation can be recapped, and I will be able to go back to US in the mid of July, 08 due to the pending PERM application for 365 days. In this case, should I start filing the H1B recapture with the H1 Extension now since my application will be pending for a year by the mid of July, 08 (include one and a half month times out of US). Otherwise, should I wait and start the application in the mid of July, 08?
3) If my Labor Certification is pending again till the end of one year extension (in the case of getting the approval on one year extension), do I have to leave US again?
4) I wonder if I should wait outside US for a year until the early of May, 09. Then, reapply the new 6 year- H1B visa again. Can my current employer do that for me? Would it be the better option comparing to the H1B recapture and H1B extension? In the case of starting the new application, when should I start the application? I heard the new H1B cap usually starts around the early of April and will be filled up within a couple days. Also, I have to wait for one year prior to applying for a new H1B, counting the day that my visa expired. So, does it mean that I have to wait till the early of May, 09 to be eligible to send the H1B application since the application will be rejected from USCIS in the case of submitting it prior to the early of May, 09 (one year rule)? Will the cap be filled up by then and what will I do?
Anybody, please advise. Thank you very much.
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greatzolin
09-28 05:30 PM
Q : Will this affect my ability to travel?
Possibly, if you leave the country prior to the completion of the receipting process and do not have the appropriate travel documents, you may have difficulty returning to the United States.
Ok so no travel unless you have AP...right?
Possibly, if you leave the country prior to the completion of the receipting process and do not have the appropriate travel documents, you may have difficulty returning to the United States.
Ok so no travel unless you have AP...right?
more...
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Queen Josephine
March 23rd, 2007, 02:15 PM
Hey,
I'm hoping you guys can help me choose a lens. My boss said I could order the new Nikon D40X, and the package options I see are as follows:
body with 18-55 lens & 55 -200 lens OR
body with 18-135 lens.
Which would be better, why, or what factors should I consider in choosing.
Thanks. I have CC in hand, but don't want to order til I here back from my dphoto friends.
QJ
I'm hoping you guys can help me choose a lens. My boss said I could order the new Nikon D40X, and the package options I see are as follows:
body with 18-55 lens & 55 -200 lens OR
body with 18-135 lens.
Which would be better, why, or what factors should I consider in choosing.
Thanks. I have CC in hand, but don't want to order til I here back from my dphoto friends.
QJ
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TheCanadian
04-13 01:31 AM
Congrats everyone!!!
Thanks for the contest Kirupa :hoser:
Thanks for the contest Kirupa :hoser:
more...
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akr_roy
09-21 11:13 AM
I received the receipts and FP notice. Waiting for EAD/AP.
PD: OCT2006 TSC
RD: 24th July 2007 TSC
ND: 12th Sep 2007 TSC
PD: OCT2006 TSC
RD: 24th July 2007 TSC
ND: 12th Sep 2007 TSC
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digital2k
08-01 09:22 PM
*
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Saralayar
03-14 09:41 AM
Hello
My Labor approved in May 2007, Still i didn't received my Labor Hard Copy.
Anyone in same boat??:eek:
You will not get a hard copy. The approval goes electronically to your company attorney. Then your company will send you some papers to be signed by you and then they will file the I-140.
My Labor approved in May 2007, Still i didn't received my Labor Hard Copy.
Anyone in same boat??:eek:
You will not get a hard copy. The approval goes electronically to your company attorney. Then your company will send you some papers to be signed by you and then they will file the I-140.
Money
02-14 12:10 AM
they removed only e-verify and i did not check my facts
gcadream
05-03 10:55 AM
Thanks a lot for the update !!
Really appreciate it.
My problem is in few days the date for visa appointment will be open i.e Jun-13 and I will be booking for that date. I'm flying on Jun-10 so I'm left with exactly 5 weeks, in this time will I be able to get the new LCA and amended H1 ?
Really appreciate it.
My problem is in few days the date for visa appointment will be open i.e Jun-13 and I will be booking for that date. I'm flying on Jun-10 so I'm left with exactly 5 weeks, in this time will I be able to get the new LCA and amended H1 ?
