asphaltcowboy
05-27 10:31 AM
it's gotta be Soul's... the worst thing is the flippin' page transitions! I'm growing old waiting for them! congrats to everyone with a **** website
;)
;)
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yabadaba
06-21 09:50 AM
we can only guess
i would assume cases that are not substitute labor, porting priotity date, cross chargeability, clear birth certificates, clear employer verification letter, no namecheck issues, no fingerprinting issues, etc
i would assume cases that are not substitute labor, porting priotity date, cross chargeability, clear birth certificates, clear employer verification letter, no namecheck issues, no fingerprinting issues, etc
singhsa3
07-20 04:44 PM
I will try to answer to the best of my knowledge but I am not an attorney.
Your case fall in family based 2A preference, the PD date on which is July'02, which implies people in your situation who applied in July'02 are being adjudicated. So obviously, thats not an option for you, if you want to come immediately.
You child can come here on vistor visa. The issue you will run into is that even though visa can be granted for 10 years but she cannot stay for longer than 6 months at a stretch and some months gap before re-entring in the USA.
Second option is writting to consulate and department of state to issue visa on compassionate grounds. Issuance of such visa is rare but they are there. You probably will need to show extreme hardship and very few (even attorneys) are in position to advise you on this matter.
So my suggestion will be to go to your nearset consulate and discuss the matter with consulate officer/visa officer.
I and my spouse both have green card. We have a kid who was born in INDIA. He has not visited USA till now. The kid is about 2 years.
We are planning to bring the kid by end of this year to USA.
So what visa should we apply for him we are not sure :confused:
A friend told that he had a baby born to him in india and came to usa with in the 1st 6 month to USA and since both parents were having green card, at port of entry in USA, the kid also got greencard for 5 years this was couple of years back.
But in my case, the kid is 2 years AND also not sure what is the procedure now. Is it still true by default the kids automatically gets the green card at port of entry (Is there any age limit I hope may be till < 13 yrs) if parents posses valid green card. Please help me in this situation.
Thanks in advance, ;)
Your case fall in family based 2A preference, the PD date on which is July'02, which implies people in your situation who applied in July'02 are being adjudicated. So obviously, thats not an option for you, if you want to come immediately.
You child can come here on vistor visa. The issue you will run into is that even though visa can be granted for 10 years but she cannot stay for longer than 6 months at a stretch and some months gap before re-entring in the USA.
Second option is writting to consulate and department of state to issue visa on compassionate grounds. Issuance of such visa is rare but they are there. You probably will need to show extreme hardship and very few (even attorneys) are in position to advise you on this matter.
So my suggestion will be to go to your nearset consulate and discuss the matter with consulate officer/visa officer.
I and my spouse both have green card. We have a kid who was born in INDIA. He has not visited USA till now. The kid is about 2 years.
We are planning to bring the kid by end of this year to USA.
So what visa should we apply for him we are not sure :confused:
A friend told that he had a baby born to him in india and came to usa with in the 1st 6 month to USA and since both parents were having green card, at port of entry in USA, the kid also got greencard for 5 years this was couple of years back.
But in my case, the kid is 2 years AND also not sure what is the procedure now. Is it still true by default the kids automatically gets the green card at port of entry (Is there any age limit I hope may be till < 13 yrs) if parents posses valid green card. Please help me in this situation.
Thanks in advance, ;)
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gcadream
03-01 10:02 AM
Another front to think about :
Recently I have heard that when the company publishes advertisement for the labor when filling for fresh PERM, every time there is a response coming back because of the higher rate of unemployment in the market. The issue is, if any response comes back then the company cannot proceed with the labor and new GC process gets hung.
So, to be on safer side just check on ur skill set before resigning the current job as it should not be readily available in the market.
Recently I have heard that when the company publishes advertisement for the labor when filling for fresh PERM, every time there is a response coming back because of the higher rate of unemployment in the market. The issue is, if any response comes back then the company cannot proceed with the labor and new GC process gets hung.
So, to be on safer side just check on ur skill set before resigning the current job as it should not be readily available in the market.
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saravanaraj.sathya
08-22 02:53 PM
This sound like a good idea...our first option is to attend the rally. But if for some reason we are not able to make it...we can identify a place in all the states on the same day to show support for the DC rally.. I tried to find someone in Buffalo...but noone responded..dont know whether I will be able to attend the rally in DC.
I know some of you will be attending the Rally in DC on Sep 18th.
But most wont be attending the rally in DC on the 18th. Wouldnt it be good if the people who are not able to attend the DC rally conduct a rally in Texas at the same day.
This way, there will be a multi pronged effect. In fact, it would have an even greater effect if simultaneous rallies are held in other places too. Like
West Coast (Bay area )
Midwest (Chicago)
Texas (one of the major cities - Dallas, Austin or Houston)
Think of all the local media attention this gets & also the ripple effect into national media.
Any thoughts ??
I know some of you will be attending the Rally in DC on Sep 18th.
But most wont be attending the rally in DC on the 18th. Wouldnt it be good if the people who are not able to attend the DC rally conduct a rally in Texas at the same day.
This way, there will be a multi pronged effect. In fact, it would have an even greater effect if simultaneous rallies are held in other places too. Like
West Coast (Bay area )
Midwest (Chicago)
Texas (one of the major cities - Dallas, Austin or Houston)
Think of all the local media attention this gets & also the ripple effect into national media.
Any thoughts ??
UKannan
03-31 11:57 AM
This guy might not have even seen the airport/airplane�.:rolleyes:
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parimmigv
08-10 03:23 PM
I searched for $20 but the link is no where found.
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meridiani.planum
02-01 05:23 AM
thanks for the reply..this means having a dependent visa is the key at the time of approval..
if the application was approved and the wife was on h4 (but didnot file her i485 yet..) then she could still file for her i485?
yes. if your wife was on H4, as soon as your 485 is approved, her H4 ends. However since your 485 is getting approved, your PD is presumably current meaning she is eligible to immediately file 485, and get to that as a legal status. If she has a dependent visa approved, and has travelled here thats nice, otherwise she has to file a 485 from your home country as a follow-to-join and htat can take some time for her to travel here.
There is no 6 month grace period as such. Its just that upto 6 months of out-of-status is forgiven at 485 approval, and since on your 485 approval your H1 ends and so does her h4, it makes her status-less here. Being in that state upto 6 months is forgiven for 485.
Its most important that you get married before the approval of your 485. Do court-marriage if your PD is current, to be on the safe side, even if the actual ceremony is still a month or two away. When to honeymoon is upto you. Cant let USCIS decide EVERYTHING, can we...
if the application was approved and the wife was on h4 (but didnot file her i485 yet..) then she could still file for her i485?
yes. if your wife was on H4, as soon as your 485 is approved, her H4 ends. However since your 485 is getting approved, your PD is presumably current meaning she is eligible to immediately file 485, and get to that as a legal status. If she has a dependent visa approved, and has travelled here thats nice, otherwise she has to file a 485 from your home country as a follow-to-join and htat can take some time for her to travel here.
There is no 6 month grace period as such. Its just that upto 6 months of out-of-status is forgiven at 485 approval, and since on your 485 approval your H1 ends and so does her h4, it makes her status-less here. Being in that state upto 6 months is forgiven for 485.
Its most important that you get married before the approval of your 485. Do court-marriage if your PD is current, to be on the safe side, even if the actual ceremony is still a month or two away. When to honeymoon is upto you. Cant let USCIS decide EVERYTHING, can we...
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mrajatish
06-08 03:18 PM
I agree - better be safe than sorry. My take - you are just unlucky, USCIS randomly picks folks who have been in the country for a while to see if they have ever been out of status. Likely, they are doing that with you.
Have you kept your I-20? Can you call your old Univ. to get payroll stubs (I think you can do that)?
Have you kept your I-20? Can you call your old Univ. to get payroll stubs (I think you can do that)?
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javadeveloper
09-23 10:07 PM
My company giving copies only!!!They said they'll send me originals if I need them!!!
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nrk
10-26 02:16 PM
Thanks for the information. Green for you
is this what you are asking for?
http://www.uscis.gov/USCIS/New%20Structure/3rd%20Level%20(Left%20Nav%20Children)/Green%20Card%20-%203rd%20Level/Pending%20Form%20I485%20Reports.pdf
is this what you are asking for?
http://www.uscis.gov/USCIS/New%20Structure/3rd%20Level%20(Left%20Nav%20Children)/Green%20Card%20-%203rd%20Level/Pending%20Form%20I485%20Reports.pdf
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grupak
12-07 11:38 AM
If company is filing, EB1-OR is easier than EB1-EA. EB1-EA can be self-filed but harder to get. There is another category of EB1 I think for managers which I am not familiar with.
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GCBy3000
07-08 03:58 PM
Again he wants his message to be clear. Here in US, Indians means Native Indians. Everyone till now whom I have come across refer to Indain while they speak and that is for Native Indians and not us. Also our motherland INDIA is in south east asia which is why he clearly said EAST INDIANS. So take a dip in cold water and move on.
Can't you see the Gandhi link? Gandhi is East Indian and thats why he might have associated it with East Indian community. Dont harp too much on What Mr Oh wants/thinks.
Can't you see the Gandhi link? Gandhi is East Indian and thats why he might have associated it with East Indian community. Dont harp too much on What Mr Oh wants/thinks.
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gcformeornot
01-11 04:26 PM
I was laid off this week. I have been trying to find job and i feel its not going to be easy to find a job. If thing wont work by April, I m thinking to move back India.
PD : EB2 I - OCT 2004
I140 approved, I 485 pending > 180 days. On EAD
50 Dollars monthy contribution to IV.
about your situation. I have a friend, his company has said if they don't find project in a week, they will have to move him back. And its not a small company. Its like no 3 Indian software comapny
PD : EB2 I - OCT 2004
I140 approved, I 485 pending > 180 days. On EAD
50 Dollars monthy contribution to IV.
about your situation. I have a friend, his company has said if they don't find project in a week, they will have to move him back. And its not a small company. Its like no 3 Indian software comapny
more...
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Lucky7
12-05 06:38 AM
with this type of money and job, you should have filed for EB2.. why EB3
At the time i was 2 semesters away from my Masters plus the mess my previous attorney had caused, my new attorney felt comfortable filing under EB3 because he felt i would have problems at the I-140 stage if i did not compete my Masters by that time.
In 2001 my attorney expected to have my GC by 2003 the latest and he was not counting on this mess with DBEC.
Hope all of us are through with this nightmare by end of 2007.
At the time i was 2 semesters away from my Masters plus the mess my previous attorney had caused, my new attorney felt comfortable filing under EB3 because he felt i would have problems at the I-140 stage if i did not compete my Masters by that time.
In 2001 my attorney expected to have my GC by 2003 the latest and he was not counting on this mess with DBEC.
Hope all of us are through with this nightmare by end of 2007.
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kaisersose
07-16 02:39 PM
You've got to hand it to these attorneys. They have a way of writing a lot without saying anything.
Sheela Murthy excels in this art. In this situation, should we still file for 485 or not? She will write a whole page on this and finally say you have to make that decision yourself.
Thank you, but I already know that one!
Sheela Murthy excels in this art. In this situation, should we still file for 485 or not? She will write a whole page on this and finally say you have to make that decision yourself.
Thank you, but I already know that one!
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pcs
04-15 01:36 PM
Tonne of jobs in IT sector. Apply through www.naukri.com.
Indian immigration system will not discriminate
All the best
Indian immigration system will not discriminate
All the best
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nlssubbu
10-02 11:38 AM
Thanks for the response and I have recd the same kind of response from my lawyer too. What I find confusing is everyone cautions me saying "As a backup, maintain your H1." Is there a real need to maintain a backup? Meaning if I need to maintain my H1 why should I apply for EAD for myself? Or is it so that I can continue on H1 right now with my same company and If I get laid off I can use EAD to get another job (not everyone hires H1-Bs) and in later case my daughter will be covered because our AOS is pending? In that case if I leave the country I can reenter using our receipts and APs, is that right?
Your assumptions are exactly right. Do you plan to invoke AC21 in near future? I think if you switch to a company who is willing to transfer your H1B, you can transfer it as well. This is what my attorney told me some time back when I was in your stage and can still avoid using EAD.
The purpose of maintaining the backup is for safety. Even if your 485 denied, you can still have some time period left on your H1 and can look for other alternative avenues to be here legally and can restart your GC process as well. Without this H1 backup, you have a very little time to do so.
(Though I got GC now, my H1 is valid till end of 2010 :) )
Your assumptions are exactly right. Do you plan to invoke AC21 in near future? I think if you switch to a company who is willing to transfer your H1B, you can transfer it as well. This is what my attorney told me some time back when I was in your stage and can still avoid using EAD.
The purpose of maintaining the backup is for safety. Even if your 485 denied, you can still have some time period left on your H1 and can look for other alternative avenues to be here legally and can restart your GC process as well. Without this H1 backup, you have a very little time to do so.
(Though I got GC now, my H1 is valid till end of 2010 :) )
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waitnwatch
05-30 01:36 PM
I understand if someone was stuck in BEC, we all got s****ed with that.
But why given that the H1B is only intended to be for a maximum of 6 years would anyone leave it until the last year to apply.
PERM has been around for a while now, and anyone approaching 6 years should have already filed PERM or be ready to leave after year 6.
I am not talking about applying when one reaches the 5th year. What I am saying is that a person starts applying from the first year itself (under the new merit system) but does not get a number because the quota is oversubscribed. Believe me or not this may happen to an economics or business professor with a Ph.D. from India or China. This person will have to apply every year under the proposed merit system. If this person does not get a number by the 6th year she/he has to leave. So a professor may get tenure but not an extension on H1-B because she/he did not ever get an opportunity to file a I-140.
But why given that the H1B is only intended to be for a maximum of 6 years would anyone leave it until the last year to apply.
PERM has been around for a while now, and anyone approaching 6 years should have already filed PERM or be ready to leave after year 6.
I am not talking about applying when one reaches the 5th year. What I am saying is that a person starts applying from the first year itself (under the new merit system) but does not get a number because the quota is oversubscribed. Believe me or not this may happen to an economics or business professor with a Ph.D. from India or China. This person will have to apply every year under the proposed merit system. If this person does not get a number by the 6th year she/he has to leave. So a professor may get tenure but not an extension on H1-B because she/he did not ever get an opportunity to file a I-140.
anurakt
01-08 09:21 AM
I agree with GC007. I have just been through a similar situation. My previous stamp was expiring on jan 21 07 and had gotten an extension upto 20010. I made trip to India this past december (2006) and was told by my lawyer to get the new visa stamped in India. This is because the new I-94 that you get with the extension has to be surrendered when you leave the country and on reentry you get a new I-94. That will be only valid upto the date stamped on ur passport and there is a rule that with regard to I-94, the last action takes precedence on previous actions.
This was for my H1 and my Spouse's H4 visa.
Are you 100% sure that it's the stamped visa date which will be given on the arrival and not the extension date ?? I was under the impression other way round ?
This was for my H1 and my Spouse's H4 visa.
Are you 100% sure that it's the stamped visa date which will be given on the arrival and not the extension date ?? I was under the impression other way round ?
stuckinretro
10-13 11:16 PM
Wear a formal. Not that that's what they require, but just as a formality. However, be prepared to wait for 2-3 hrs in the queue.
Is it mandatory to wear business formal? I am going to get visa stamping with my wife, she is applying for H4.
Thanks!
Is it mandatory to wear business formal? I am going to get visa stamping with my wife, she is applying for H4.
Thanks!
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