Zee
04-06 06:10 AM
http://www.nytimes.com/2006/04/06/washington/06immig.html?_r=1&oref=slogin
http://www.cnn.com/2006/POLITICS/04/05/immigration/index.html
http://www.cnn.com/2006/POLITICS/04/05/immigration/index.html
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Earned_GC
06-17 10:11 AM
I am in the same boat. lets us wait and watch .
We should continue this thread and lets see what people has to say.
We should continue this thread and lets see what people has to say.
mihird
05-17 07:10 PM
My company paid for it, but I did get to see the break up of the charges...I think, PERM is pretty complicated to file...
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gc_bucs
03-18 10:18 AM
You & your wife should talk to a good attorney about the possibility of using "interfiling" in case of a divorce. I was in the same situation as you couple of years ago & Shiela Murthy's office recommended "interfiling". If you need more information send me a PM
Need your opinion on this.. filed for I-485 on EB2 in July 07. I am the primary applicant. I have been married since May '04. Need to apply for a divorce. My wife, a derivative in my application, is holding up the process as it may affect her chances of getting a GC without any sweat. She has an parallel GC process running solely in her name, which I believe hasnt cleared PERM yet (some sort of audit). She is on H1B, extendable for another 3 years, and has EAD from my GC application. Will there be any implications on her application if the divorce goes through? And also, can I out of spite do anything to get her derivative application out of the queue :rolleyes: ?
Need your opinion on this.. filed for I-485 on EB2 in July 07. I am the primary applicant. I have been married since May '04. Need to apply for a divorce. My wife, a derivative in my application, is holding up the process as it may affect her chances of getting a GC without any sweat. She has an parallel GC process running solely in her name, which I believe hasnt cleared PERM yet (some sort of audit). She is on H1B, extendable for another 3 years, and has EAD from my GC application. Will there be any implications on her application if the divorce goes through? And also, can I out of spite do anything to get her derivative application out of the queue :rolleyes: ?
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ivgclive
03-22 09:10 AM
And u can get your GC by him sponsoring for you as parents in just 15-16 years from now.
That will be faster than this EB2 and EB3 backlogs.
You help him now, and he will help you.
Much better.
Added advantage. When they file green card, you don't have to be in "JOB", you can retire and go back to India. When things are ready, get your flight back.
:D
That will be faster than this EB2 and EB3 backlogs.
You help him now, and he will help you.
Much better.
Added advantage. When they file green card, you don't have to be in "JOB", you can retire and go back to India. When things are ready, get your flight back.
:D
tertip
03-11 04:02 PM
The answer to that question would be "no". Would the IO be satisfied with the job description of the new job? Would he ask if I filed AC21? I don't want to sound paranoid, but it would be great if there was anyone on these forums that was in a similar situation and was asked that question...
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glus
02-19 11:38 AM
not really, but close.
i-94 expire 10/01/2007. married 09/12/2007. i-485 received by uscis on 11/26/2007.
Surge:
Your authorized period of stay ended on 10/1. Your marriage does not matter. The only reason you MAY be able to adjust status in your situation is the fact that you married a U.S. citizen. It is VERY risky to leave the United States before your I485 gets approved. Please consult an attorney before doing so. AP does not guarantee re-admittance especially when one was EVER out of status.
i-94 expire 10/01/2007. married 09/12/2007. i-485 received by uscis on 11/26/2007.
Surge:
Your authorized period of stay ended on 10/1. Your marriage does not matter. The only reason you MAY be able to adjust status in your situation is the fact that you married a U.S. citizen. It is VERY risky to leave the United States before your I485 gets approved. Please consult an attorney before doing so. AP does not guarantee re-admittance especially when one was EVER out of status.
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imh1b
03-31 01:08 PM
For once, I like what Grassley is doing.
Not all L1 is bad
Not all H1B is bad
Not all consulting companies are bad
So why are we behaving like crabs?
Think from a perspecive of a legit L1 visa holder too
To anti Immigrants even your greencard is bad.
He will be happy if your greencard is made painful
Will you rejoice then?
What Sen is doing is looking at everything in black and white. He is making all L1 as bad. He shoud be suggesting fixes in L1 like giving more power to L1s to complain and protecting them if they complain. he should be making punishment tougher for fraud. But he is targetting the whole via and you are feeling happy about it. Just because you are not an L1 visa holder some of us are happy. Tommow if he does it to all EAD holders will you be happy?
Not all L1 is bad
Not all H1B is bad
Not all consulting companies are bad
So why are we behaving like crabs?
Think from a perspecive of a legit L1 visa holder too
To anti Immigrants even your greencard is bad.
He will be happy if your greencard is made painful
Will you rejoice then?
What Sen is doing is looking at everything in black and white. He is making all L1 as bad. He shoud be suggesting fixes in L1 like giving more power to L1s to complain and protecting them if they complain. he should be making punishment tougher for fraud. But he is targetting the whole via and you are feeling happy about it. Just because you are not an L1 visa holder some of us are happy. Tommow if he does it to all EAD holders will you be happy?
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yabayaba
11-10 04:15 PM
This is my first time too coming across such a rfe. I really dont know if this kind of rfe was issued before.I called USCIS but as always they are saying send all the docs mentioned in rfe. My attorney is saying we will send them originals and transcripts. Dont know exaclty if they are doing an educational evaluation.Would like to see any attorneys suggestion on how to deal with this.
Call the USCISor take infopass appointment and check whether Notary signature would be suffient for them to process your application
Call the USCISor take infopass appointment and check whether Notary signature would be suffient for them to process your application
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kutra
01-20 10:37 AM
My wife's co. provides health insurance for both of us. We are both on H1-B.
If my wife quits her job, can we still be eligible for COBRA because at that point she will be doing COS to H4. If someone has any experience or knowledge about this please reply. It will help us deal things better as we are better prepared with what could be our options.
Does COBRA depend on H1-B status? Also recently Obama administration has worked a plan where the payments on COBRA are less than the usual amounts, COBRA subsidy? Can you provide details regarding that?
Why does she need to use COBRA? Certain life changing events such as job loss, birth, etc. allow adding or removing of dependants, or enrolling in an insurance plan outside of the enrollment period. So you should be able to join the insurance plan provided by your employer. If she's quitting her job, she should be eligible to come on to your insurance plan as a dependent. This will be a much cheaper option than using COBRA. Look into this.
If my wife quits her job, can we still be eligible for COBRA because at that point she will be doing COS to H4. If someone has any experience or knowledge about this please reply. It will help us deal things better as we are better prepared with what could be our options.
Does COBRA depend on H1-B status? Also recently Obama administration has worked a plan where the payments on COBRA are less than the usual amounts, COBRA subsidy? Can you provide details regarding that?
Why does she need to use COBRA? Certain life changing events such as job loss, birth, etc. allow adding or removing of dependants, or enrolling in an insurance plan outside of the enrollment period. So you should be able to join the insurance plan provided by your employer. If she's quitting her job, she should be eligible to come on to your insurance plan as a dependent. This will be a much cheaper option than using COBRA. Look into this.
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gc28262
03-26 10:22 PM
Why would an entry on AP not apply here?
also gap in employement when on AOS should not be a problem given GC is for future employment and as long as your employer can give an EVL when required with the necessary info. Right?
AP:
Earlieir link provided ( http://www.uscis.gov/files/nativedocuments/245(k)_14Jul08.pdf) has that info too.
An alien, however, who entered the United States pursuant to an advance parole document is not �lawfully admitted,� because the parole is not a final act with respect to admission. Thus, reentry based on a parole or advance parole does not start the clock over for the purpose of section 245(k).
Yes, on AOS you are always in status. Gap in employment should not be an issue on AOS as long as you can produce an EVL.
Status violations are a problem only when you are on H1B.
also gap in employement when on AOS should not be a problem given GC is for future employment and as long as your employer can give an EVL when required with the necessary info. Right?
AP:
Earlieir link provided ( http://www.uscis.gov/files/nativedocuments/245(k)_14Jul08.pdf) has that info too.
An alien, however, who entered the United States pursuant to an advance parole document is not �lawfully admitted,� because the parole is not a final act with respect to admission. Thus, reentry based on a parole or advance parole does not start the clock over for the purpose of section 245(k).
Yes, on AOS you are always in status. Gap in employment should not be an issue on AOS as long as you can produce an EVL.
Status violations are a problem only when you are on H1B.
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GcInLimbo
11-19 12:08 AM
Nope. H1 was rejected after 2 and half years of processing. I don't know the reasons for the rejection.
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legal_la
06-25 03:39 PM
Guys,
here's my thoughts on this; If her h1 gets stamped she doesn't need AP. however if H1 gets rejected for some reason, in that case she can stay back in India until I recieve the AP documents. I send it to her then she can travel back on AP. ??
Any Suggestions or gyan on this !!!
-shree
I dont think you will be able to do this, I am not sure but I think one should be present in US at the time of AP approval only then they can use that Advance parole to leave and re enter.
May be converting back to H4 and attend for visa as dependent is an option. Ask your lawyer.
here's my thoughts on this; If her h1 gets stamped she doesn't need AP. however if H1 gets rejected for some reason, in that case she can stay back in India until I recieve the AP documents. I send it to her then she can travel back on AP. ??
Any Suggestions or gyan on this !!!
-shree
I dont think you will be able to do this, I am not sure but I think one should be present in US at the time of AP approval only then they can use that Advance parole to leave and re enter.
May be converting back to H4 and attend for visa as dependent is an option. Ask your lawyer.
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mhtanim
01-30 01:52 AM
Just today, I spoke to one of my freind, he is also from Bangladesh and his PD is sometime in 2006. He got his GC. So it could very well be true. If you want PM me and I can give you his phone number, you are his compatriot after all.
If your friend is under EB2 category, then yes, his GC is no surpise. However, if PD is not current, I am not sure how someone's GC can be approved without calling it a USCIS' mistake.
Comments from anybody with more knowledge on this will be highly appreciated.
If your friend is under EB2 category, then yes, his GC is no surpise. However, if PD is not current, I am not sure how someone's GC can be approved without calling it a USCIS' mistake.
Comments from anybody with more knowledge on this will be highly appreciated.
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belmontboy
12-12 08:06 PM
sorry if i am wrong..
How can someonw get a result on 140 with in 6 months, whn the waiting period is more thn 1 yr..
i just dont trust these consultants..
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=7e3355fe4a37a110VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD
How can someonw get a result on 140 with in 6 months, whn the waiting period is more thn 1 yr..
i just dont trust these consultants..
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=7e3355fe4a37a110VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD
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chanduv23
11-15 10:19 AM
Still only 6 people have courage to speak out. What is running in your veins, water?
We may not be able make changes in the law now but we might be able to get some relief on restrictions, that does not allow law making.
Educate yourself or suffer...
I sent u a PM
We may not be able make changes in the law now but we might be able to get some relief on restrictions, that does not allow law making.
Educate yourself or suffer...
I sent u a PM
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copsmart
06-16 09:07 AM
bump!
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willgetgc2005
11-01 02:10 PM
I have a question about my Mother in laws' visit to the USA.She has a 10 year multi entry tourist visa (B1, validity from 2005 to 2015) to the US and she has visited the US 3 times so far and the dates are as follows
February 18, 2006 to August 16, 2006 (visited her sons family in East)
July 8, 2007 to January 7, 2008 (stayed with us)
August 2, 2008 to February 01, 2009 (stayed with us)
She is currently on her 3rd visit to the USA and is living with us. Her departure date is January 2009. On her visit this time, at the port of entry (LAX) she was asked by the Immigration officer if she was visiting USA so often because of her grand child. She said yes and the immigration officer stamped her a 6 month stay and also told her to be careful of future visits so often to the United States. My mother in law is a widow and both her children live in the US as permanent residents.
Our baby recently had a health issue and was hospitalized. But due to all this with my wife and I both working, my wife feels it would be good if we could get my mother in law an extension of stay (perhaps 3months plus beyond January 2009)till my wife can complete her internship (which is time bound). My mother in laws� son lives in the east coast and he is a permanent resident in the USA.
I do not want to jeopardize her ability to visit the US in future due to an extension. So the question are:
Will a request for extension be approved by USCIS?
Will this jeopardize her chances of coming to the US in future?
IF she gets an extension this time, what will be the cooling off period for her to come to the US next time
How long does it take for USCIS to process a request for extension and what is the processing fee
Your response is greatly appreciated.
February 18, 2006 to August 16, 2006 (visited her sons family in East)
July 8, 2007 to January 7, 2008 (stayed with us)
August 2, 2008 to February 01, 2009 (stayed with us)
She is currently on her 3rd visit to the USA and is living with us. Her departure date is January 2009. On her visit this time, at the port of entry (LAX) she was asked by the Immigration officer if she was visiting USA so often because of her grand child. She said yes and the immigration officer stamped her a 6 month stay and also told her to be careful of future visits so often to the United States. My mother in law is a widow and both her children live in the US as permanent residents.
Our baby recently had a health issue and was hospitalized. But due to all this with my wife and I both working, my wife feels it would be good if we could get my mother in law an extension of stay (perhaps 3months plus beyond January 2009)till my wife can complete her internship (which is time bound). My mother in laws� son lives in the east coast and he is a permanent resident in the USA.
I do not want to jeopardize her ability to visit the US in future due to an extension. So the question are:
Will a request for extension be approved by USCIS?
Will this jeopardize her chances of coming to the US in future?
IF she gets an extension this time, what will be the cooling off period for her to come to the US next time
How long does it take for USCIS to process a request for extension and what is the processing fee
Your response is greatly appreciated.
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lacrossegc
09-06 05:34 PM
bkarnik , I agree ...but ABC USA and ABC Canada are two totally seperate companies for immigration/H1/GC purposes.
When working in US --- ABC USA will have to pay US wages per H1B LCA, ABC Canada doesnt pay
When working in Canada -- ABC USA pays nothing, ABC Canada pays
Tax implications are complex :) but as far as I know, If taxes are being filed in US, Worldwide Income will have to be reported on the 1040 OR else file 1040 Non-Resident in which you can report only the US wages.
!!! Ask a lawyer and a tax advisor !!!!! better be safe than sorry .... but I believe that the scenario described is justifiable and legal
I believe that could be a problem. If your Company is paying you in Canada, but asking you to work in the US I am not sure if your H1 would be valid. Per my limited knowledge, H1 can be sponsored by an employer having a business in the US. I am sure this is an issue that is a clash between the tax laws and the immigration laws. I would request you to submit your question for the next attorney call and hopefully we get an clear answer.
When working in US --- ABC USA will have to pay US wages per H1B LCA, ABC Canada doesnt pay
When working in Canada -- ABC USA pays nothing, ABC Canada pays
Tax implications are complex :) but as far as I know, If taxes are being filed in US, Worldwide Income will have to be reported on the 1040 OR else file 1040 Non-Resident in which you can report only the US wages.
!!! Ask a lawyer and a tax advisor !!!!! better be safe than sorry .... but I believe that the scenario described is justifiable and legal
I believe that could be a problem. If your Company is paying you in Canada, but asking you to work in the US I am not sure if your H1 would be valid. Per my limited knowledge, H1 can be sponsored by an employer having a business in the US. I am sure this is an issue that is a clash between the tax laws and the immigration laws. I would request you to submit your question for the next attorney call and hopefully we get an clear answer.
rameshk75
04-07 10:20 AM
Ron's answer for "Leavng petitioning employer after the I485 approval?"
http://immigration-information.com/forums/showthread.php?t=4764
http://immigration-information.com/forums/showthread.php?t=4764
gcwanted101
09-01 03:35 PM
Google G639 (http://www.uscis.gov/files/form/g-639.pdf) form for the pdf version. Here, it's already done. Just click on the link it will take you to the form you need to request the information. Fill it completely in as much details as possible and then get it notarized for your signature at a bank. Once notarized, mail the form out to the address shown on the form.
My personal experience:
I followed the exact procedure as explained above and it took me 3 months to get everything i requested as a pdf document files on a CD instead of paper copies. It depends upon how many requests they have in the pipeline. 3 months is not bad i think. Good luck for your request.
Hey harrydr, Thanks for the information.
I know about G639 form though.
I just wanted clarify that USCIS do provide copy of approved 140 even if there is no 485 application associated with it.
Because what I have hears was “140 is employer petition USCIS never going to provide it to employee”.
But thanks a lot harrydr.
My personal experience:
I followed the exact procedure as explained above and it took me 3 months to get everything i requested as a pdf document files on a CD instead of paper copies. It depends upon how many requests they have in the pipeline. 3 months is not bad i think. Good luck for your request.
Hey harrydr, Thanks for the information.
I know about G639 form though.
I just wanted clarify that USCIS do provide copy of approved 140 even if there is no 485 application associated with it.
Because what I have hears was “140 is employer petition USCIS never going to provide it to employee”.
But thanks a lot harrydr.
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