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Attorney_6

Attorney
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Everything posted by Attorney_6

  1. Attorney_6

    My immigration Saga ends today!

    I meant the June Visa Bulletin, which we know has a few months of forward movement.
  2. Attorney_6

    My immigration Saga ends today!

    Congratulations. Hopefully, with the movement of the Visa Bulletin in July, more people will finish this stage in their immigration journey.
  3. Attorney_6

    I-551 stamp and home loan

    DO NOT falsely claim to be a USC. That is a ground of deportability/bar to further immigration relief and just a really bad idea overall. As mentioned, try another lender--or take it higher up to their legal department with some proof that the I-551 stamp is evidence of LPR status. Or, work to get that plastic card issued--they usually come quickly, but obviously something happened as most people don't need the stamp anymore.
  4. Attorney_6

    Priority Date portability

    No time period of employment is required following the I-140 approval. This is a common request, but, we are starting to see some problems where the prior employer requested revocation of the I-140. This is something that has just started as of the past few weeks.
  5. Attorney_6

    What happened to the VISA inventory report?

    I was hoping for an update, too. I don't think it is gone--there is no indication that future updates will not be provided. I just think they haven't updated it in the past few months. If you look at the prior updates, it wasn't done on a completely regular basis. They did them in October 2010, May 2010, March 2010, December 2009 and August 2009.
  6. If a person is "on" the J-1 waiver, I presume you are a doctor working out the 3 year period of service. If so, while the waiver has been granted, it is not possible to move forward with either the AOS OR CP until the service has been completed. The lottery works on a fiscal year basis. If the case is not completed/visa not issued by the end of the fiscal year, the opportunity ends.
  7. http://www.murthy.com/news/n_aoschg.html The local offices were supposed to move the cases to TSC a while ago if the dates weren't current. Since a few people are reporting this, it might be a last minute rush to transfer the remaining cases---or maybe there was some delay in issuing the transfer notice.
  8. Attorney_6

    WHO SAID SHEELA MURTHY KNOWS IMMIGRATION MATTERS

    Well, we hope everyone choses the Murthy Law Firm. But, as with any decision---and this can be a very important decision---there is not one single factor that should end the thought process. Expensive does not always mean better; cheaper is not always better, either. Cost has to be considered, but it is always cheaper to do things right the first time than to have to fix the disaster afterward. Awards/ratings are another indicator, but look at the dates of these accomplishements. Try to find people who have used the attorney recently to make sure that they/their firm are STILL good, rather than coasting on their reputation. Ask about how you will communicate with the attorney/paralegal. That is the single biggest complaint---not knowing what is going on with the case. Make sure you understand the system, and can work with it. Listen with an open mind---we speak to clients by appointment. Some people hesitate at first, wanting to just be able to call any time. But, in reality, it works better for everyone. No missed phone calls/telephone tag/getting calls returned when you are not able to speak. Just set a convenient time, call in and talk with us---very easy--and efficient all the way around. Ask about the technology used by the firm and how that allows you to have access to information about the case. Find out about the system for dealing with your case if the attorney is out of the office/on vacation/sick. We have teams and backups, some one will be there to help for urgent issues if the assigned attorney is unavailable and it just can't wait. Get a sense of the firm, and make sure you are comfortable. Immigration cases, particularly green card cases, take a very long time---you will be working with the law firm for quite a while.
  9. All the cases that were sitting at the local offices with non current priority dates were transfered to the Texas Service Center. We wrote about this in the MurthyBulletin, http://www.murthy.com/news/n_aoschg.html. It is basically to have more centralized processing and tracking of demand for visa numbers. There is no need for the cases to be disbursed at all the local offices while waiting for visa numbers.
  10. Attorney_6

    pre adjudication question

    It is very likely that pre-adjudication has occured, based upon the date of filing. The message is not really saying anything other than the case has to wait for a visa number to become available.
  11. Attorney_6

    entered with no viss after 245 i was revoked

    Yes, a person who was 245(i) qualified, could do an AOS after an overstay or Entry w/o Inspection. 245(i) expired April 30, 2001. Thus, there are fewer and fewer people who are covered under that law. But, there still are some---particularly those who might be covered under the grandfathering provisions.
  12. Attorney_6

    I-693 - TB Test while you are pregnant.

    Right. The doctor will note any tests/shots that are not medically advisable due to pregnancy. This will at least allow the medical to be completed so that the I-485 can be filed. Typically, the USCIS will issue an RFE asking for an updated medical at a later point.
  13. This is an unfortunate story, and, from what was described, it sounds like another example of the consulates overstepping. While the visa might have been granted with the employer documents, I agree that they should not be required for H4s--particularly where there H1 was approved recently and there is no reason to suspect that the facts have changed. It actually amazes me how many employers will provide documents for H4s, rather than saying I hired X, not X's wife. Thank you for standing up to this situation. The consulate doesn't like being called out on their improper procedures, but, it is needed or this will never end. There are ways to take this higher, if the visa isn't approved. The problem here is that the consulate didn't like getting challenged, so they found another way
  14. Attorney_6

    Per diem

    Per diem payments are made for individuals who are traveling on business. Legitimate use of the per diem option basically saves the employer/individual from having to do a lot of paperwork with travel expenses/expense accounts. Rather than paying for hotel, rental car, food etc, the employer pays a flat X per day. The individual uses that amount to cover their costs. If the individual spends more, it comes out of his/her pocket. If they spend less, they do not have to return the money or pay taxes on it. It isn't always shady---the government and various other businesses do it regularly. But, there are employers who try to save money on taxes by calling a portion of the pay "per diem." This is a problem if the money was really supposed to be wages.
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