lalithkx
07-29 05:54 PM
Did anyone ask about EB3-India backlog?
There is nothing to ask about EB3-India. It is retrogressed. There are no visas numbers available. Unless some new legislation is passed, Ombudsman or USCIS or anybody can do nothing about it. You have to wait for next year quota :=)
There is nothing to ask about EB3-India. It is retrogressed. There are no visas numbers available. Unless some new legislation is passed, Ombudsman or USCIS or anybody can do nothing about it. You have to wait for next year quota :=)
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BornConfused
07-03 11:12 AM
Oh... ok. Where can I see which service station the aplication should go to? I'm in NY
I'm pretty sure yours would go to Vermont, but don't take my word for it, why don't you make a quick thread and maybe someone with more experience can help you out.
I'm pretty sure yours would go to Vermont, but don't take my word for it, why don't you make a quick thread and maybe someone with more experience can help you out.
indianindian2006
10-09 05:20 PM
Hi,
It is not money issue but if I send the new fee they might reject saying it should be old! So i just wanted to be sure! Thanks for the replies!
You have another option of attaching both the old and new fees in 2seperate checks along with a letter explaining your case,you can add in the letter that they could cash the check they felt right and return the other check.My attorney did this for me one time.You also consult your attorney for the same.
It is not money issue but if I send the new fee they might reject saying it should be old! So i just wanted to be sure! Thanks for the replies!
You have another option of attaching both the old and new fees in 2seperate checks along with a letter explaining your case,you can add in the letter that they could cash the check they felt right and return the other check.My attorney did this for me one time.You also consult your attorney for the same.
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americandesi
10-21 08:22 PM
That is true but I want one of them to be rejected and by not responding to FP and stopping payment on checks I am trying to exactly that.
Rather than you taking a decision on this, let USCIS decide how to proceed with your case.
Refer following thread on this topic
http://immigrationvoice.org/forum/showpost.php?p=88355&postcount=39
The conclusion says "worst case scenario could be an RFE from USCIS to choose one. Best case scenario is USCIS upon approving one cancels other"
Rather than you taking a decision on this, let USCIS decide how to proceed with your case.
Refer following thread on this topic
http://immigrationvoice.org/forum/showpost.php?p=88355&postcount=39
The conclusion says "worst case scenario could be an RFE from USCIS to choose one. Best case scenario is USCIS upon approving one cancels other"
more...
saran4
03-03 09:58 PM
hi ,
Since i dont have answer from them so posted here.... Moreover it may help some other person in future.... about the complexities....
Since i dont have answer from them so posted here.... Moreover it may help some other person in future.... about the complexities....
smartboy75
12-04 06:41 PM
Hi Folks
As we go through the motions from one visa bulletin to another, I wanted to start a discussion regarding maitaining PR. I have been pondering about this for quiet some days and also reseached a bit and am still unable to get correct information.
Following are the guidelines for maintaining Permanent residency on the USCIS website:
Maintaining Permanent Residence
Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.
You may be found to have abandoned your permanent resident status if you:
Move to another country intending to live there permanently.
Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
Fail to file income tax returns while living outside of the US for any period.
Declare yourself a �nonimmigrant� on your tax returns.
Source: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=fe17e6b0eb13d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1 RCRD
Although the USCIS website clearly states in points 2 and 3 the residency requirement, I am still not clear what the rules says. For eg: After getting my GC is there any specific number of days I need to stay in the US mandatorily ?? Is it 1 week, 3 months, 6 months ?? What if I visit the US only for a month or two and then remain out ..would that result in revoking of my GC.....???
The more I think, the more I am convinced that your GC is really precious if you want to be a US citizen.....if not then there is always a risk of loosing it ..even accidentally ?? If yes, then is it worth the trouble and hassel ??
Can anyone throw more light on what the law says....can anyone guide as to what must be done if you want to maintain ur PR but at the same time not live here continuously ??
PS: Please no educated guesses ...
Appreciate your help.
As we go through the motions from one visa bulletin to another, I wanted to start a discussion regarding maitaining PR. I have been pondering about this for quiet some days and also reseached a bit and am still unable to get correct information.
Following are the guidelines for maintaining Permanent residency on the USCIS website:
Maintaining Permanent Residence
Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.
You may be found to have abandoned your permanent resident status if you:
Move to another country intending to live there permanently.
Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
Fail to file income tax returns while living outside of the US for any period.
Declare yourself a �nonimmigrant� on your tax returns.
Source: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=fe17e6b0eb13d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1 RCRD
Although the USCIS website clearly states in points 2 and 3 the residency requirement, I am still not clear what the rules says. For eg: After getting my GC is there any specific number of days I need to stay in the US mandatorily ?? Is it 1 week, 3 months, 6 months ?? What if I visit the US only for a month or two and then remain out ..would that result in revoking of my GC.....???
The more I think, the more I am convinced that your GC is really precious if you want to be a US citizen.....if not then there is always a risk of loosing it ..even accidentally ?? If yes, then is it worth the trouble and hassel ??
Can anyone throw more light on what the law says....can anyone guide as to what must be done if you want to maintain ur PR but at the same time not live here continuously ??
PS: Please no educated guesses ...
Appreciate your help.
more...
meridiani.planum
04-04 01:35 AM
I just spoke with my company's attorney and she said that I shouldnt get RFE on my I-140. And just in case I get she will inform me and work with the counsel of my ported company to submit a response. Hooray....I am going. My employer is a big known MNC so the only RFE that I may get is exp letter which is very unlikely. With economy going down I dont want to wait for another 6 months for my I-140.
ok then go for it dude. Do keep us posted on how this works out, I hope you get your I-140 approved soon without an RFE..
ok then go for it dude. Do keep us posted on how this works out, I hope you get your I-140 approved soon without an RFE..
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gjoe
08-02 01:47 PM
I always use USPS and all that I have mailed so far to India has reached on time.
more...
smuggymba
09-14 02:09 PM
I feel paid and verified membership is much better. That way we can raise the money and we won't have trash talkers between us and we will know everyone by name......a team rather than an online platform. Just a thought.
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andy garcia
07-30 08:45 PM
Let's hope everyone will be all right.
My son will turn 21 in December 07 and I stuck in name check for who knows how long.
My son will turn 21 in December 07 and I stuck in name check for who knows how long.
more...
work4pd
07-20 01:38 PM
Decoupling H1B and H-4 Time ?
RIP 'Labor Substitution' is the best thing happened ever happened so far!!!
RIP 'Labor Substitution' is the best thing happened ever happened so far!!!
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TomPlate
11-16 04:18 PM
Who defeated who?
more...
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Templarian
11-20 02:57 PM
So just curious if you were going to put this up for the weekend.
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amitjoey
07-17 05:54 PM
The only big way to show appreciation and thanks is to make sure, that each one of us continues to participate in each and every action item.
Also, Contribute generously so IV can go out and fight bigger battles without worrying about funds.
Also, Contribute generously so IV can go out and fight bigger battles without worrying about funds.
more...
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okuzmin
08-27 04:04 PM
Krishnam70, they require police certificates for any country where you lived in the last 10 (not 5!) years. Also, fingerprints must be sent to FBI to get "certified", and that can take 10-12 weeks nowadays.
NEVER bother the consulate with questions regarding your application status. Give it at least a year since they accept your documents. If you can't wait for so long, google "CAIPS notes" and use this process to get info about your application. However, if you have specific questions regarding your application/situation, the consulate will respond within 1-2 business days. Just make sure to include your file number (you'll be provided with it upon acceptance of your documents) at the top of each email message or response. I notified the consulate about my FBI fingerprints delay and asked some questions specific to my case. When I reviewed my CAIPS notes, I found out that they keep track of all communication, including email.
I'm almost done with my Canadian PR process and moving with my family to Calgary in October.
NEVER bother the consulate with questions regarding your application status. Give it at least a year since they accept your documents. If you can't wait for so long, google "CAIPS notes" and use this process to get info about your application. However, if you have specific questions regarding your application/situation, the consulate will respond within 1-2 business days. Just make sure to include your file number (you'll be provided with it upon acceptance of your documents) at the top of each email message or response. I notified the consulate about my FBI fingerprints delay and asked some questions specific to my case. When I reviewed my CAIPS notes, I found out that they keep track of all communication, including email.
I'm almost done with my Canadian PR process and moving with my family to Calgary in October.
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gcseeker2002
10-26 01:00 PM
My wife had her visa stamped in Bombay consulate - and during the interview they asked to see the I797 - but i had instructed her to ask for it back and she specifically asked the officer if she could have it back because I needed it - and he promptly gave it.
maybe Delhi Consulate works differently. Hopefully they will mail you back the 797 notice with the passport.
My wife went for stamping in 08/2003 and I just gave her the copy of the I797 approval notice, so I didnt have to worry about getting back the original. I think they gave back the copy too, so why are you sending original 797 for H4 stamping, it is not a required document I think.
maybe Delhi Consulate works differently. Hopefully they will mail you back the 797 notice with the passport.
My wife went for stamping in 08/2003 and I just gave her the copy of the I797 approval notice, so I didnt have to worry about getting back the original. I think they gave back the copy too, so why are you sending original 797 for H4 stamping, it is not a required document I think.
more...
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amitjoey
05-28 12:27 PM
Greatly apprecite if anyone can give their inputs...
I have PD with dec 2006 and 140 approved. Filed 485 in July 2007. For october 2008 I will be done with 4 years of H1b. I am single and I may not get married untill later 2009 due to some family responsibalities. I am kind of concered about 485 getting approval by then which might jeoperdise my spouse visa later. Based on the present processing speed, mine might take minmum 2 years. But bit concerend what if USCICS make a mistake in processing 485 in terms of picking 485 from a later date and approving it?
So my query is...
1. If I now withdraw my 485 and later change company. SHould I again get a new labor and i140 approved with new company to file for 485.( Here I understand I can port my PD.).
Any inputs will be greatly apprecited....
PD With DEC 2006: IF you are from a retrogressed country, unless there is any overhaul in the precent process, or new visas added by way of new laws, you are looking at atleast 3 years of wait. Why would you want to withdraw it right now, wait for another 2-1/2 years. If suddenly you notice the dates jumping, then you can decide to withdraw.
In the meantime, get 3 years extension on your H1, based on approved I140.
Check w/lawyer.
I have PD with dec 2006 and 140 approved. Filed 485 in July 2007. For october 2008 I will be done with 4 years of H1b. I am single and I may not get married untill later 2009 due to some family responsibalities. I am kind of concered about 485 getting approval by then which might jeoperdise my spouse visa later. Based on the present processing speed, mine might take minmum 2 years. But bit concerend what if USCICS make a mistake in processing 485 in terms of picking 485 from a later date and approving it?
So my query is...
1. If I now withdraw my 485 and later change company. SHould I again get a new labor and i140 approved with new company to file for 485.( Here I understand I can port my PD.).
Any inputs will be greatly apprecited....
PD With DEC 2006: IF you are from a retrogressed country, unless there is any overhaul in the precent process, or new visas added by way of new laws, you are looking at atleast 3 years of wait. Why would you want to withdraw it right now, wait for another 2-1/2 years. If suddenly you notice the dates jumping, then you can decide to withdraw.
In the meantime, get 3 years extension on your H1, based on approved I140.
Check w/lawyer.
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LondonTown
07-30 02:28 PM
is this common for all those who have a primary vendor between the employer and the client ? or they are just doing it in random ?
Though i live in hyd i chose delhi for appointment coz previous stampings from delhi had no issues :(
I guess it is random.
Though i live in hyd i chose delhi for appointment coz previous stampings from delhi had no issues :(
I guess it is random.
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piyu7444
04-28 03:32 AM
-When do I have to raise Ac21?
- with H1 transfer or after or is it not required legally?
u can use AC21 in 2 ways.
one -change employer with ur H1b
two -change employer with EAD if you have one.
EAD is not necessary for AC21. EAD is a way not to transfer H1b and change employer,but you will need to renew this every year, EAD is temp green card while on H1 status.
If you pass 180 days after 485 filing , it will remain valid if your 140 is approved and is not revoked before 180 days from 485 filing.
- Is it safe to transfer H1 (after 180days) without AC21?
- How will it affect my 485?
I dont think there is such a thing.
-What are the docs to be collected from old employer?
-Can I retail same lawyer for GC while H1 is taken care by new company lawyer?
Dont know, Keep all 140 receipts/notices, 485 receipt notices, consult a lawyer( it will cost 100$ a 30 min session or so)
I m joining new company by changing H1.
Too many questions too little input to take decission. Please provide your expertise advice.
-When do I have to raise Ac21?
- with H1 transfer or after or is it not required legally?
- Is it safe to transfer H1 (after 180days) without AC21?
- How will it affect my 485?
-What are the docs to be collected from old employer?
-Can I retain same lawyer for GC while H1 is taken care by new company lawyer?
Guys - I m running out of time and got to respond to new company soon.
Please provide your inputs.
-Gc04
July 07 filer
Chicago state Chapter
Raising AC21 is your choice, you can raise it as you change a job (either on h1b or EAD) or else you dont tell USCIS about the change until they issue you a RFE. To add to the else part-suppose you do not raise AC21 while changing a job.....USCIS might just issue you your GC without a RFE.
There is no legal requirement to notify USCIS via AC21 about job change. (I am assuming you are changing the job after 180 days)
It is safe to tranfer h1b after 180 days. The only affect on 485 I see is a RFE while USCIS adjudicates your case and would want to know your current employer/job/job description.
You should always keep a copy of LC / I 140 and 485 and you can find a new attny. while h1b is being processed by your new co.
I had my h1b+LC+140 filed by one lawyer (co. lawyer) and then I had my own attny. to file 485/EAD/AP and it just works fine as long as you have all the documents with you from your employer.
Hope this helps...........
- with H1 transfer or after or is it not required legally?
u can use AC21 in 2 ways.
one -change employer with ur H1b
two -change employer with EAD if you have one.
EAD is not necessary for AC21. EAD is a way not to transfer H1b and change employer,but you will need to renew this every year, EAD is temp green card while on H1 status.
If you pass 180 days after 485 filing , it will remain valid if your 140 is approved and is not revoked before 180 days from 485 filing.
- Is it safe to transfer H1 (after 180days) without AC21?
- How will it affect my 485?
I dont think there is such a thing.
-What are the docs to be collected from old employer?
-Can I retail same lawyer for GC while H1 is taken care by new company lawyer?
Dont know, Keep all 140 receipts/notices, 485 receipt notices, consult a lawyer( it will cost 100$ a 30 min session or so)
I m joining new company by changing H1.
Too many questions too little input to take decission. Please provide your expertise advice.
-When do I have to raise Ac21?
- with H1 transfer or after or is it not required legally?
- Is it safe to transfer H1 (after 180days) without AC21?
- How will it affect my 485?
-What are the docs to be collected from old employer?
-Can I retain same lawyer for GC while H1 is taken care by new company lawyer?
Guys - I m running out of time and got to respond to new company soon.
Please provide your inputs.
-Gc04
July 07 filer
Chicago state Chapter
Raising AC21 is your choice, you can raise it as you change a job (either on h1b or EAD) or else you dont tell USCIS about the change until they issue you a RFE. To add to the else part-suppose you do not raise AC21 while changing a job.....USCIS might just issue you your GC without a RFE.
There is no legal requirement to notify USCIS via AC21 about job change. (I am assuming you are changing the job after 180 days)
It is safe to tranfer h1b after 180 days. The only affect on 485 I see is a RFE while USCIS adjudicates your case and would want to know your current employer/job/job description.
You should always keep a copy of LC / I 140 and 485 and you can find a new attny. while h1b is being processed by your new co.
I had my h1b+LC+140 filed by one lawyer (co. lawyer) and then I had my own attny. to file 485/EAD/AP and it just works fine as long as you have all the documents with you from your employer.
Hope this helps...........
willy007
10-19 02:26 PM
You are required to send a notice to your lawyer letting him know that you no longer require his/her service. Also notify USCIS in writing that your lawyer does not represent you anymore and send correspondence to you directly. If any USCIS notice addressed to you was transmitted to your former counsel, it should be available to you from counsel. You may wish to request forwarding of all post-representation correspondence that arrived after representation ceased. Although that lawyer may have no obligation to perform any services for you, the office should not impede your ability to answer USCIS requests. You should call the service center and request a copy of any correspondence that was sent to your lawyer until the lawyer sends a notice to USCIS letting them know that he no longer represents your case or until another lawyer files a G-28 for you.
I hope this helps and good luck on your greencard chase.
So it seems that there is no official form to file to notify USCIS that the lawyer doesn't represent me anymore right?
My AOS is processed in Nebraska Processing Center. Is that where I should send in my notification? Thanks.
I hope this helps and good luck on your greencard chase.
So it seems that there is no official form to file to notify USCIS that the lawyer doesn't represent me anymore right?
My AOS is processed in Nebraska Processing Center. Is that where I should send in my notification? Thanks.
kris04
10-08 04:59 PM
Yes, roseball, you got it right.
Whats the reason to join Employer A and what will make me become an employee of Employer A - like i to have them do my W2?
GC is approved based on Good Faith that the sponsoring employer will employ you after GC is approved or you will work for sponsoring employer after GC is approved, if not then it could cause trouble for you during citizenship or your sponsoring employer could report to USCIS about the non-compliance--> This is legal term
But there is one way around it, join employer A and get yourself fired from the job then you're fine.
HTH
kris
Whats the reason to join Employer A and what will make me become an employee of Employer A - like i to have them do my W2?
GC is approved based on Good Faith that the sponsoring employer will employ you after GC is approved or you will work for sponsoring employer after GC is approved, if not then it could cause trouble for you during citizenship or your sponsoring employer could report to USCIS about the non-compliance--> This is legal term
But there is one way around it, join employer A and get yourself fired from the job then you're fine.
HTH
kris