Guestbook Entry for Suki Baldwin, United States
Name
Suki Baldwin
Country
United States
State
Illinois
General Green Card
Green Card Expenses
Question details
For an employment-based green card application in the EB2 category, my employer has said that they would be willing to make the application if I am willing to pay for it. Can the employee bear the total cost of the entire process -- including attorney's processing fees, filing fees for all stages, advertising fees, EAD, advance parole fees -- from start to final stamping?
The employer is bound by law to pay for all expenses, including legal fees, associated with the PERM process (but not the rest of the green card process).
Green Card for an American Indian Born in Canada
American Indians born in Canada (with at least 50% American Indian blood) cannot be denied admission to the United States. However, a record of admission for permanent residence will be created if an American Indian born in Canada wishes to reside permanently in the United States.
Holding Company Stocks on TN Visa
Question details
I am on TN visa for the more than a year. The company wants to give me some stock option (10-15%). Is that ok to hold stocks of the company you are working for on TN visa, or will it create problem when I apply for renewal of my TN visa. Can I apply for GC on TN visa?
I see no issue with holding stock, but that will be a problem for PERM-based green card. Also, processing green card under TN can be problematic.
EOIR Releases FY 2010 Statistical Year Book
EOIR FY2010 Statistical Year Book, which includes a compilation of figures and tables on individuals who have appeared before an immigration judge or the Board of Immigration Appeals.
Green card and overstay
Question details
My dad has a green card and went back home over 2 years ago. He is now trying to come back after being away from the US for 2 years. I was told by some people that if he stayed over a year outside the US they will not let him back in to the US even though he has a Green Card. Can you please tell me if this is true, or can I just get him a ticket and fly him back to the US?
It is highly unlikely that he will be allowed into USA.
Working outside USA
Question details
Is it possible for me to work outside the US (for the same company that I work for now) while on green card? My company has an office in India, and I have to travel to India for family reasons. I was planning to work in India for some time, and then come back in about a year and half and apply for citizenship. I have lived in the US for about 3 years on my green card now.
It is possible. Look into both I-131and N-470 filing through a lawyer.
Mandated poverty line
Question details
What is mandated poverty line? I want to petition for my husband, can my father sponsor him financially if I do not have enough income to support my husband? My father and me are both permanent residents.
Here are the poverty guidelines http://aspe.hhs.gov/poverty/index.shtml
Your father can co-sponsor (file an affidavit of support) along with you.
USCIS Implements Help HAITI Act of 2010
| Green Card Through the Help Haiti Act of 2010 |
On December 9, 2010, President Obama signed into law the Help Haitian Adoptees Immediately to Integrate Act of 2010 (Help HAITI Act of 2010). This new law will make it possible for certain Haitian orphans paroled into the United States to become lawful permanent residents (LPR) of the United States and get green cards. Applications to get a green card under this law may be filed at any time on or before December 9, 2013.
AOS applicants applying for H-1 visa
Question details
My spouse and me are currently working on H1 and we do have our EAD and AP even though we are not using it.
We are planning on a trip to India in the month of December. Both of our H1 visa's on passport have expired. We plan on using AP when coming back to US to avoid the hassle of getting our passports stamped.
We plan on remaining on H1 even though we use AP to get back. We do plan on renewing our AP and EAD when they expire. What I want to know is... is there any advantage of having visa stamped in your passport as to using AP if you plan on remaining on H1? One that I know is cities like London require you to get a transit visa if your visa has expired when traveling to India.
We would highly recommend not applying for an H visa if it can be avoided. In the past few weeks, I have provided consultations to various employers on H-1 visa refusals. The refusals were ridiculous, illegal and would be overturned if there were an adequate mechanism for reversal. So, I see no point in applying for an H-1 visa. Even if you enter on AP and continue working for the original H-1 employer, you ARE considered to still be on H-1. All other matters are more or less ancillary.
Our office works regularly and closely with the Law Offices of Rajiv S. Khanna, PC, with both H1B and Permanent Resident applications. We do not have any complaints at all -- our case managers are smart, fast, conscientious, polite, and very pleasant to work with. We treasure them! I myself have worked mainly with Fran Fisher and Heather Riddick, and to a lesser degree with Anna Baker. I don't know how we could speak more highly of them or of Mr. Khanna's law firm. We appreciate them greatly!