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February has started
and all eyes are on the
U.S. Congress. The Senate
is scheduled to discuss
the various bills introduced
in the Senate during the
past few months. The debate
on comprehensive immigration
reform is likely to generate
a lot of interest. The
activity in the Congress
during the next few weeks
will decide the future
of employment-based immigration
to the United States.
Last week I found some
time to review the report
of Congressional Research
Service (CRS) on L-1 visa
submitted to the Congress.
L-1 visa is for intra-company
transferees who work for
an international firm
or corporation in executive
and managerial positions
or have specialized knowledge
of their company’s
products or services.
In FY 2005 the U.S. Department
of State issued 122,981
L visas, out of which
65,458 are L-1 visas for
principal nonimmigrant
and the balance for dependants
(L-2). Another interesting
figure coming out of the
report is that almost
two-thirds (32.4%) of
the L visas were issued
to aliens from India,
followed by Great Britain
(10.5%) and Japan (9.8%).
We will analyze this report
in the next issue of Immigration
Monitor.
We were overwhelmed with
the positive feedback
received from our friends
from all across the world
commending our initiative
to cover visa procedures
at various consulates
in your Immigration
Monitor. While
we visited East Asian
countries last month,
this time we halt on the
banks of The Thames. Our
In Focus
article for this month
explains E-2 visa processing
at the U.S. Embassy in
London, U.K. Keep sharing
your immigration
experiences with us
so that we can include
your experiences in our
articles for the benefit
of our other friends.
Very often we get queries
from individuals who are
confused between the dates
that are stamped on their
visa and the date stamped
by the officer on the
I-94 card at the airport
at the time of entry into
the U.S. We have seen
a lot of cases where a
nonimmigrant mistakes
the dates on his visa
as the period of his authorized
stay, and thus, ends up
in serious trouble. The
Immigration Article
in this issue helps you
to know the difference
between 'Visa' and 'Status'.
Last month’s poll
question seemed to be
a bit challenging for
our readers. The opinion
was again divided. More
than half of the participants
believe that the Government
needs to do more to secure
America’s borders.
This month we have an
interesting question for
you to express Your
Opinion. So don’t
forget to cast your vote.
Pallavi
Vajranabhaiah
deserves all the Congratulations
for winning last month’s
Immigration Quiz.
A significant number of
participants confused
the denial of visa application
with the denial of the
petition. Make sure you
research well for this
month’s question.
Who knows, your name may
find a mention in the
next newsletter. All the
Best!
Last month I also gave
you a glimpse of some
exciting projects that
we are working on for
this year. And here we
are with the first of
them… www.VisaPro.in,
a website specifically
for our patrons in India.
Let me know what you think
about this initiative.
I just can’t wait
to see it all happening
during the coming year,
but let’s unfold
each surprise one at a
time.
Don’t forget to
add our address Immigration-Monitor@VisaPro.com
to the list of your contacts
so that you see the Immigration
Monitor in your email
Inbox every month and
you will not miss the
latest immigration activity.
See you in the next month
with a lot more!
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Visa Bulletin for March 2006
The Visa Bulletin for March 2006 issued
by the U.S. Department of State (DOS)
shows forward movement in the cut-off
dates for most of the retrogressed categories.
This is because demand by USCIS offices
for adjustment of status cases has been
much less than anticipated.
USCIS
extends validity of Medical Certifications
on Form I-693
The validity of the civil surgeon’s
endorsement on Form I-693, when submitted
in support of a concurrently filed adjustment
of status application, is extended until
the time of adjudication if no Class
A or Class B medical condition is certified
by the civil surgeon.
DOS cable on validity of Student visas
after a break in studies
The U.S. Department of State
has released a cable to clarify the
issue of whether a F-1 or M-1 visa remains
valid after a student has a break in
studies longer than five months.

E-2
Treaty Investor visa processing in the
U.K.
The E-2 Treaty Investor visa allows
nationals from countries that have treaties
of commerce and navigation or bilateral
agreements in effect with the U.S.,
to enter the U.S. for the purpose of
directing and developing the operations
of an enterprise they have invested
in, or are in the process of investing
a substantial amount of capital.

Know the difference between 'Visa'
and 'Status' |
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this Newsletter in PDF Format |
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| YOUR
OPINION |
| Which
one of the following,
according to you,
will be the most important
issue for discussion
before the Congress
during the next few
weeks? |
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|
a. |
Border
Security |
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| b. |
Guest
Worker Program |
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|
c. |
Removal
of illegal immigrants |
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| d. |
Recapture
of H-1B and employment-based
immigrant visas |
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|
Cast
Your Vote |
| View
Results |
|
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| IMMIGRATION
QUIZ |
Win
a FREE Online Consultation!
Submit
your answer to the
query below. The best
response will be published
in the next Immigration
Monitor and
the winner will receive
a FREE
Online Consultation
from an Experienced
VisaPro Immigration
Attorney during the
month of March 2006. |
 |
| I
entered the U.S. on
L-2 visa last month.
I read on USCIS website
that an L-2 spouse
is allowed to work
in U.S. but when I
applied for work and
submitted copy of
my L-2 visa and I-94,
the employer said
that I am not authorized
to work yet. I am
confused. Please suggest
what I should do. |
| Submit
Your Answer |
|
| Winner
of the Immigration
Quiz - January 2006:
|
| Pallavi
Vajranabhaiah |
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| The
Question: |
| After
changing status from
B-1 to H-1B visa I
went to Canada for
H-1B stamping, however,
the officer rejected
my application. Can
I reapply in my home
country for stamping
on the same H-1B? |
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| The
Winning Response: |
| In
this case the stamping
might have been rejected
for various reasons
like for example the
officers at Canada
might not have been
able to verify the
applicants degree
as it was obtained
in a foreign country.
Hence the applicant
can still apply from
his/her home country
on the same H1-B. |
 |
| Pallavi
Vajranabhaiah
receives a FREE
Online Consultation
from an Experienced
VisaPro Immigration
Attorney during the
month of February
2006. |
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It has become
vitally important for all foreign nationals
coming to the U.S. to maintain their
status at all times. In order to maintain
legal status while in the U.S., you
must understand the difference between
the two legal terms — ‘Visa’
and ‘Status’.
 |

| QUESTIONS
AND ANSWERS |
| |
| 1. |
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I
am a German citizen
married to a born
American. I immigrated
to the USA from Germany
in 2005. I have a
temporary green card
which expires in May
of 2007. My husband
and I plan to go to
Germany for one year
in April of 2006.
How do I go about
keeping my status
and obtaining a reentry
permit in the United
States?
There are several
things that you can
do to establish that
you have no intention
of abandoning your
permanent residence
status. The first
is to apply for a
Re-Entry Permit. This
allows you to remain
outside the US for
up to two years before
returning. The application
is made on Form I-131
and is submitted to
the Service Center
with jurisdiction
over your place of
residence. We also
advise clients to
do a lot of other
things to give additional
proof of their intent;
such as filing your
tax returns as a resident
- even if you are
taking advantage of
the foreign tax credits
available and you
have no taxable income;
maintaining a bank
account and/or credit
cards in the US; maintaining
your US driver's license;
maintain an address
of some sort in the
US, even if it is
through family, etc. |
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| GOT
A QUESTION? |
If
you have
a short,
simple
query
on immigration
to the
U.S.,
send your
questions
to us.
We will
select
and answer
a few
of the
queries
in every
issue.
Note:
Responses
posted
in this
section
provide
only general
information.
Since
immigration
law is
a complex
matter,
please
consult
an immigration
attorney
before
acting
upon any
responses
provided. |
| Ask
Your Question |
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Once
you return you will have
to file an application to
remove the conditions from
your status. The application
must be filed while you
are physically in the US.
If you are still outside
the US when your card expires
(if you get delayed in South
Africa) you can go to the
US Consulate and get a "returning
resident" visa or a
travel letter that will
get you on the plane to
come back. Upon reentry
you can file the I-751.
We have successfully helped
a lot of clients in similar
situations. Please contact
us if you need further
help. |
| 2. |
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|
I
have an H4 visa stamped
in my passport that expires
in June 2006 and a few months
ago I got my own H1B visa.
I do not have that one stamped
in my passport yet. I would
like to know if I could
still use my H4 visa to
travel since I have that
one in my passport until
it expires and then get
the H1B visa stamped. |
 |
You
will have to get a new H-1B
visa stamped in your passport
on the first trip you make
outside the U.S. You would
not be able to leave and
reenter on your H-4
visa and continue to work.
Depending on your circumstances
you may be able to apply
for a visa at a consulate
in Mexico or Canada before
traveling to other countries. |
|

"I don't know
where to begin!! I
cannot convey to you
how happy we all are
- when I got this
email about E-2 approval
I actually cried,
I was so happy and
relieved to finally
know that we can start
building a life over
here and that our
daughter has the opportunities
that we couldn't provide
for her in the UK.
We cannot thank you
enough for all your
time & help. You
made the process so
easy for us with your
friendly and helpful
approach. You have
been an absolute pleasure
to deal with.
Thank you for being
the key to our futures."
Warmest regards,
Arwen Evans-Batt
United Kingdom
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Monitor" is published
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Our goal is to help keep you informed
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