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12-18 03:40 PM
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)
wallpaper Dave Salmoni, Part 1
mattresscoil
12-09 11:02 AM
Hi everyone,
I applied for my I-131, I-765 and I-485 together under EB-2 category on the 13th of September 2010. I got approval letters for both I-131 and I-765 by the 9th of November 2010. My wife and I also received our EAD cards and travel documents. But today I got another set of receipts for both I-765 and I-131 with rfe for photographs. The receipts number are different in both the previous and new receipts and the new ones are showing up in pending state on the USCIS website.
Please let me know what can be the reason I got these duplicate receipts and what should be the next steps.
Thank you all in advance,
Bathuzp
Take Infopass and talk to them. In my opinion if you have approvals in your hand, they stand valid.
USCIS - Left hand does not know what right hand does and vice versa.
I understand your confusion, I hope you find a patient officer at your infopass appointment.
Question:
Did you apply for your EAD/AP yourself and did your lawyer(if you hired) also apply for EAD/AP. Check with your lawyer and employer too.
I applied for my I-131, I-765 and I-485 together under EB-2 category on the 13th of September 2010. I got approval letters for both I-131 and I-765 by the 9th of November 2010. My wife and I also received our EAD cards and travel documents. But today I got another set of receipts for both I-765 and I-131 with rfe for photographs. The receipts number are different in both the previous and new receipts and the new ones are showing up in pending state on the USCIS website.
Please let me know what can be the reason I got these duplicate receipts and what should be the next steps.
Thank you all in advance,
Bathuzp
Take Infopass and talk to them. In my opinion if you have approvals in your hand, they stand valid.
USCIS - Left hand does not know what right hand does and vice versa.
I understand your confusion, I hope you find a patient officer at your infopass appointment.
Question:
Did you apply for your EAD/AP yourself and did your lawyer(if you hired) also apply for EAD/AP. Check with your lawyer and employer too.
nid
06-12 11:16 PM
Hi,
My I140 is approved and I485 is pending. I am working Full Time as a Software Devloper on EAD with a Consulting Company. I have been offered a part time work of same nature by my friend. He has a company and he offers to pay me on 1099.
Would it be ok to work part time(15 Hrs. per week) and accept payment on 1099.
Please advise.
Thanks,
Nid
My I140 is approved and I485 is pending. I am working Full Time as a Software Devloper on EAD with a Consulting Company. I have been offered a part time work of same nature by my friend. He has a company and he offers to pay me on 1099.
Would it be ok to work part time(15 Hrs. per week) and accept payment on 1099.
Please advise.
Thanks,
Nid
2011 host Dave Salmoni by Tony
ItIsNotFunny
11-06 09:37 AM
what i mean is i am currently working full time with Company A. But I am thinking of making additional income by working for another company on part time basis. Can I file another concurrent H1? And if this concurrent H1 will be based on annual H1 quota?
I heard once that there is a special category for parttime H1. Better check with attorney.
I heard once that there is a special category for parttime H1. Better check with attorney.
more...
Nil
07-09 07:46 AM
One cannot work on H4.
i was told by my lawyer - if spouse stops working, s/he can go back to H4, but you need to confirm with a lawyer, given your specific case.
i was told by my lawyer - if spouse stops working, s/he can go back to H4, but you need to confirm with a lawyer, given your specific case.
cox
February 11th, 2005, 11:41 PM
Well, my eye is initially drawn from top left to bottom right, and then there's nothing to see there. The colors are great, and the exposure is good. It's great when you get the sun's disk just so, and the clouds are really nicely lit... But I have to say the composition doesn't work with the sun down there in the corner, IMHO.
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supu
04-21 12:43 AM
Can anyone please recommend a lawyer in Delhi for filling and helping in the I-824 or councillor processing for my Wife.
I am looking for a lawyer , who has office in both Delhi and in USA , so they can take care of the complete process.
I.e filing I-824 in USA and helping in india to prepare for the interview
If not in delhi , then please recommend any where in India :)
Also any idea , how much would it cost.
Thanks in advance
I am looking for a lawyer , who has office in both Delhi and in USA , so they can take care of the complete process.
I.e filing I-824 in USA and helping in india to prepare for the interview
If not in delhi , then please recommend any where in India :)
Also any idea , how much would it cost.
Thanks in advance
2010 Dave Salmoni: davesalmoni0806
poojasjain82
02-04 04:01 PM
Hi,
I have an H1, with a receipt date of April 2006. It was valid till July 2008. I came to US on that H1 in 2007 for 2 months. After that I have been working in India till March 2009.
Currently I am on H4. And there is a gap in employment since March 2009.
I have got an offer now and employer will take care of my H1.
I need to know what is the process of H4 to H1 in this case.? Can anybody help me
How much time does this change of status takes place?
The H1 now will be valid for how much time?
Will it depend on my husband's expiry date of H1. My husband's H1 is expiring in Sep 2010
Is it not recommended to move out of the country till status is changed from H4 to H1.
Please somebody reply. Its urgent!
Thanks in advance
Pooja
I have an H1, with a receipt date of April 2006. It was valid till July 2008. I came to US on that H1 in 2007 for 2 months. After that I have been working in India till March 2009.
Currently I am on H4. And there is a gap in employment since March 2009.
I have got an offer now and employer will take care of my H1.
I need to know what is the process of H4 to H1 in this case.? Can anybody help me
How much time does this change of status takes place?
The H1 now will be valid for how much time?
Will it depend on my husband's expiry date of H1. My husband's H1 is expiring in Sep 2010
Is it not recommended to move out of the country till status is changed from H4 to H1.
Please somebody reply. Its urgent!
Thanks in advance
Pooja
more...
number30
07-23 06:28 PM
Hi,
I recently traveled to Canada by land for 1 week . When I went to Canada the canadian authorities did not take my I 94. When I returned from canada, the US officials did not give me a new I 94, will this be a problem ?
Thank you for your time.
If the travel is less then 30 days to Canada or Mexico you do not need Visa Stamping also. It is called Automatic Visa Revalidation.
http://cbp.gov/linkhandler/cgov/travel/id_visa/revalidation.ctt/revalidation.pdf
I recently traveled to Canada by land for 1 week . When I went to Canada the canadian authorities did not take my I 94. When I returned from canada, the US officials did not give me a new I 94, will this be a problem ?
Thank you for your time.
If the travel is less then 30 days to Canada or Mexico you do not need Visa Stamping also. It is called Automatic Visa Revalidation.
http://cbp.gov/linkhandler/cgov/travel/id_visa/revalidation.ctt/revalidation.pdf
hair Dave Salmoni
manish756
04-12 04:32 PM
Thanks a lot . she is travelling on AP. I haven't received the RFE till now.
It was issued in 10 april 2009i didn't understand about three weeks.Can you pls elaborate
It was issued in 10 april 2009i didn't understand about three weeks.Can you pls elaborate
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CRAZYMONK
05-20 09:23 AM
GC is for future employment. So if your current employer have no problems you can just transfer your H1B to your client and start working for the client. Later when your PD is current you can add your wife.
hot Animal Planet#39;s Dave Salmoni
desi3933
01-25 09:19 AM
I work with a consulting company on client side. The client is planning a shutdown for 2 days a month - 2nd and 4th Friday.
Do you guys think its gonna impact 485 application. I am asking this question cause the labor was approved for 40/hrs per week and the salary slip shows the number of hrs worked per month which will be lesser than 160 (in case the month has 4 weeks).
BTW, I am on EAD and 140 approved couple of years back.
Thanks
Pavan -
You should maintain 40/hr per week. This could mean - your consulting company paying these days for your "full time job". The other option is - taking paid time off for these days. Again, it should be paid time off.
Good Luck.
____________________
Not a legal advice.
US Citizen of Indian Origin
Do you guys think its gonna impact 485 application. I am asking this question cause the labor was approved for 40/hrs per week and the salary slip shows the number of hrs worked per month which will be lesser than 160 (in case the month has 4 weeks).
BTW, I am on EAD and 140 approved couple of years back.
Thanks
Pavan -
You should maintain 40/hr per week. This could mean - your consulting company paying these days for your "full time job". The other option is - taking paid time off for these days. Again, it should be paid time off.
Good Luck.
____________________
Not a legal advice.
US Citizen of Indian Origin
more...
house Dave Salmoni
mrdinh
April 18th, 2004, 10:47 PM
Here are some shots with the D2h and 105mm...what do you think?
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tattoo Dave Salmoni picture gallery
wandmaker
11-05 10:54 AM
This is a standard text of USCIS, you should hear from them with in 15 calendar days of response receive date as it is PP. Ask your company/attorney to get in touch with USCIS.
more...
pictures Animal Planet#39;s Dave Salmoni
srn04
01-19 09:19 AM
1.) Is it true that nurses do not need to undergo Labor Certification when applying for an immigrant visa because nurses are considered as shortage occupations? How does the labor certification process for nurses vs other professionals/workers differ? Is it the pre-certification and recruiting process (that does have to be completed) under PERM?
2.) If a nurse on H1B visa is petitioned by her current employer for green card, which is preferable (in terms of better chances of being approved, easier processing, lesser requirements): to petition her using the same position (specialty occupation), or as a staff nurse?
2.) If a nurse on H1B visa is petitioned by her current employer for green card, which is preferable (in terms of better chances of being approved, easier processing, lesser requirements): to petition her using the same position (specialty occupation), or as a staff nurse?
dresses Dave Salmoni: davesalmoni1110
martinvisalaw
08-31 07:24 PM
Hi
I came US on h4 visa .One employer had filed for my h1b last year,and they said i got the approval.but the employer had no job for me as part of recession.So I am still on h4 .Will I loose my H1 approval.How long is the validity of h1b approval ?:confused:
You need to be careful here. If the H-1B was approved as a change of status (COS) last year, you may have automatically changed to H-1B status on the start date. If you did not work for the employer, you then violated H-1B status.
If the H-1B was not approved as a COS, you have stayed in H-4 status. The H-1B approval could be used to get a H-1B visa, however you would need a letter from the H-1B employer confirming that there was still a job for you. The consulate would probably need this since it has been a year since the H-1B was approved. Otherwise, the H-1B is valid until the expiration date, unless the employer revokes it with CIS.
I came US on h4 visa .One employer had filed for my h1b last year,and they said i got the approval.but the employer had no job for me as part of recession.So I am still on h4 .Will I loose my H1 approval.How long is the validity of h1b approval ?:confused:
You need to be careful here. If the H-1B was approved as a change of status (COS) last year, you may have automatically changed to H-1B status on the start date. If you did not work for the employer, you then violated H-1B status.
If the H-1B was not approved as a COS, you have stayed in H-4 status. The H-1B approval could be used to get a H-1B visa, however you would need a letter from the H-1B employer confirming that there was still a job for you. The consulate would probably need this since it has been a year since the H-1B was approved. Otherwise, the H-1B is valid until the expiration date, unless the employer revokes it with CIS.
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makeup Dave Salmoni picture gallery
lostinbeta
10-20 09:45 PM
Lots of radial blur :beam:
girlfriend Dave Salmoni: davesalmoni0818
lotsofspace
12-31 01:32 PM
Now that it is 180 days Since Jul 2nd and some of us are thinking about AC21. Some are invoking AC21 and sending the documentation as soon as they change jobs and others are thinking of not informing the CIS (AFAIK Informing CIS is not mandatory as per AC21).
A friend of mine changed jobs 3 times after filing I485 never informing the CIS and got his GC without any RFE. He has the luxury of the lawyer who originally filed the I485 work with him and the company never revoked I140(because they laid him off). Another friend sent the documentation about invocation of AC21 and got RFE.
It is expressed in other related threads to start a poll so that we can have an idea of trends in AC21 usage.
This is a simple poll.
PLEASE CAST YOUR VOTE ONLY IF YOU HAD ALREADY CHANGED THE JOB. DON'T VOTE IF YOU ARE JUST THINKING OF CHANGING THE JOB BUT DID NOT CHANGE YET.
A friend of mine changed jobs 3 times after filing I485 never informing the CIS and got his GC without any RFE. He has the luxury of the lawyer who originally filed the I485 work with him and the company never revoked I140(because they laid him off). Another friend sent the documentation about invocation of AC21 and got RFE.
It is expressed in other related threads to start a poll so that we can have an idea of trends in AC21 usage.
This is a simple poll.
PLEASE CAST YOUR VOTE ONLY IF YOU HAD ALREADY CHANGED THE JOB. DON'T VOTE IF YOU ARE JUST THINKING OF CHANGING THE JOB BUT DID NOT CHANGE YET.
hairstyles Dave Salmoni shirtless
tkumar03
07-03 04:37 PM
Hi guys
thanks for the info. Since he got I 485 approved the GC status already began for him or only on receipt of GC his Green card status begins.
Which is correct? Any help.
thanks
thanks for the info. Since he got I 485 approved the GC status already began for him or only on receipt of GC his Green card status begins.
Which is correct? Any help.
thanks
anyluck?
09-09 10:42 PM
Thanks for the reply.
Can we go to local USCIS office and get new I94.Does that resolve the issue.
Thanks
Can we go to local USCIS office and get new I94.Does that resolve the issue.
Thanks
Leo07
11-30 05:58 PM
People at the airports( I assume the same for checkpoints) care more about what's the date on the stamp and if you have a valid H1-B to support.
In my case, I had a company A's H1-B Visa stamping(Still valid at that time) and Company B's H1B papers.
Very rarely do they pull-over(it happened for me on a different occassion) and quiz you.
I believe when you say you are abandoning H1-B you are abandoning the petetion and not the Visa.
In my case, I had a company A's H1-B Visa stamping(Still valid at that time) and Company B's H1B papers.
Very rarely do they pull-over(it happened for me on a different occassion) and quiz you.
I believe when you say you are abandoning H1-B you are abandoning the petetion and not the Visa.
