mnkaushik
10-14 12:19 PM
It does not matter once you get your green card. Those restrictions are till you get the green card. For now, she has no restrictions. But as the person earlier pointed out if she applies for your gc, it will take 5 years if she is just green card holder but it will only take 6 months to a year, if she is a citizen.
Now, if you both decide to live outside of US, then you need to look into what are the residency requirements for her to keep her green card status. If that is of interest to you.
Now, if you both decide to live outside of US, then you need to look into what are the residency requirements for her to keep her green card status. If that is of interest to you.
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nogc_noproblem
05-28 02:35 AM
Good thinking Mr. Jacob , being spent thousands of hard earned dollars on these applications and renewals, I agree with you 100%. However, do you think anybody (in the govt) will listen to this? I lost that confidence long back. (I just sent a check for US$ 915 for AP renewal for me and my family, by the way, this is my 3rd EAD/AP renewal process but I never used them till date).
sk.aggarwal
03-25 08:00 PM
Yes, you can go out of US and use that time to recapture as long as you go within 6 yrs of H1. This is my understanding from my conversation with lawyer working to file my perm. I am planning to travel to India for a month or two once I know the exact time I need. Please help to advice if my understanding is inacccurate.
link to another thread
http://immigrationvoice.org/forum/forum6-non-immigrant-visas/2204-summary-of-extending-h-1b-visa-past-6-years.html
link to another thread
http://immigrationvoice.org/forum/forum6-non-immigrant-visas/2204-summary-of-extending-h-1b-visa-past-6-years.html
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pmat
07-17 09:54 AM
This case is complicated as your I485 is already approved. If you refile your wife's I485, it might get rejected.
I would suggest you to not rely on forums and get an expert lawyer's help ASAP. It will be worth it.
I have to apply for my wife as my derivative of 485. My 485 was approved on July 8th 2010. Below is the timeline
July 1st - Applied Wife's 485
July 8th - My 485 was approved
July 13th - Wife's 485 Denied due to outdated forms
July 14th - My H1, Wife's H4 and I-94 Expired
July 19th - Planning on sending a new 485 application for spouse
I'm mainly concerned about two things
1. Is she out of status for 5 days from July 14th to 19th
2. Can I still apply her as a derivative, as my 485 is already approved.
Thank you,
I would suggest you to not rely on forums and get an expert lawyer's help ASAP. It will be worth it.
I have to apply for my wife as my derivative of 485. My 485 was approved on July 8th 2010. Below is the timeline
July 1st - Applied Wife's 485
July 8th - My 485 was approved
July 13th - Wife's 485 Denied due to outdated forms
July 14th - My H1, Wife's H4 and I-94 Expired
July 19th - Planning on sending a new 485 application for spouse
I'm mainly concerned about two things
1. Is she out of status for 5 days from July 14th to 19th
2. Can I still apply her as a derivative, as my 485 is already approved.
Thank you,
more...
kennyc
May 25th, 2005, 06:37 AM
Thanks for the comments guys. I appreciate them.
KAC
KAC
indio0617
01-08 02:53 PM
Hello,
My brother-in-law and sister are both Indian Doctors, having a private practice in INDIA. They would like to apply for visitor's visa.
Any suggestion about the problems they may encounter? Do they have to go on two differrent dates for getting the visa stampped at Chennai?
Thanks in Advance,
They can apply together as Husband and wife. They will have to go through the normal procedure for a visitor visa B-2. The important thing will be to prove their non-immigrant intent to the consular officer and that they WILL return to INDIA after their temporary stay.
I would say it is a 50 -50 chance given their profile.
My brother-in-law and sister are both Indian Doctors, having a private practice in INDIA. They would like to apply for visitor's visa.
Any suggestion about the problems they may encounter? Do they have to go on two differrent dates for getting the visa stampped at Chennai?
Thanks in Advance,
They can apply together as Husband and wife. They will have to go through the normal procedure for a visitor visa B-2. The important thing will be to prove their non-immigrant intent to the consular officer and that they WILL return to INDIA after their temporary stay.
I would say it is a 50 -50 chance given their profile.
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s416504
08-29 02:52 PM
So far 95 Voted. 77% says No update
2010 The Funny Quotes Thread - Page
orangutan
10-05 02:31 PM
I can't stop laughing. :D:D:D.
You made my day.
Not exactly, http://immigrationvoice.org/forum/showthread.php?t=21871
You made my day.
Not exactly, http://immigrationvoice.org/forum/showthread.php?t=21871
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nb_des
09-21 01:51 PM
I agree something that does not increase total visa numbers can only pass this year.
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kondur_007
10-21 10:35 AM
I am working on H1B. Recently what has happened that my family lives in state A, and I am working in state B. My family could not move to state B because my sone is going to school. I have to pay alot of expenses to go back and fort from state B to A, like air ticket and cab ect. I talking to my compnay regarding this and they said that whatever are my expenses submit to every month end and he will send a check for those expenses which will be pre taxed amount. i.e. if my pre taxed salary is $ 5000 per-month , if I submit expense statemet for $500. Then my employer will send a check of 500 and paystub i.e. direct deposit after applying tax on $4500.
I am not sure whatever he is suggesting is good tyhing to do and it will not have any problem for me.
Go for it, I personally belive it is legal and unlikely to cause any problems with your H1.
Your paystub will still mention salary to be 5000, however it will show $500 in pretax expenses and so 4500 will be the amount deposited and taxed. For H1 purposes, you are still being paid $5000.
One thing I am not sure of: as mentioned in one of the posts above, can this be done more than one year? (i do not know the asnwer to this; clarify with your employer and their attorneys; it is not your headache anyway).
Good Luck.
I am not sure whatever he is suggesting is good tyhing to do and it will not have any problem for me.
Go for it, I personally belive it is legal and unlikely to cause any problems with your H1.
Your paystub will still mention salary to be 5000, however it will show $500 in pretax expenses and so 4500 will be the amount deposited and taxed. For H1 purposes, you are still being paid $5000.
One thing I am not sure of: as mentioned in one of the posts above, can this be done more than one year? (i do not know the asnwer to this; clarify with your employer and their attorneys; it is not your headache anyway).
Good Luck.
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ilwaiting
07-08 04:56 PM
Guys! what do you expect? Mr Tancredo is a ultraconservative rep and is against any immigration.
Just ignore him.
My bad it was Tom Tancredo.
Just ignore him.
My bad it was Tom Tancredo.
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plassey
08-17 03:47 PM
I think you are screwed for next several years. And I can bet on it from experience.
Hello everyone,
Today 17th August, 2007 my I-485 packet was about to reach at Texas Service Center and unfortunately when I track my packet it shows �Notice Left� on USPS site, they mention they will try to deliver on Next business day. When I called at USPS , one lady picked up phone and she told it was PO Box no so we cant deliver. It is available to them to pick up but the man from USCIS might pick it up on early monday morning. Now I am worried does that mean my mailing date is Aug 17th or Aug 20th.
SO now USCIS will accept my application or not ?? Please advise ? Any body has same situation ?
Notice Left, August 17, 2007, 11:38 am, MESQUITE, TX 75185
Arrival at Unit, August 17, 2007, 11:01 am, MESQUITE, TX 75149
Acceptance, August 16, 2007, 10:09 pm, ATLANTA, GA 30320
Hello everyone,
Today 17th August, 2007 my I-485 packet was about to reach at Texas Service Center and unfortunately when I track my packet it shows �Notice Left� on USPS site, they mention they will try to deliver on Next business day. When I called at USPS , one lady picked up phone and she told it was PO Box no so we cant deliver. It is available to them to pick up but the man from USCIS might pick it up on early monday morning. Now I am worried does that mean my mailing date is Aug 17th or Aug 20th.
SO now USCIS will accept my application or not ?? Please advise ? Any body has same situation ?
Notice Left, August 17, 2007, 11:38 am, MESQUITE, TX 75185
Arrival at Unit, August 17, 2007, 11:01 am, MESQUITE, TX 75149
Acceptance, August 16, 2007, 10:09 pm, ATLANTA, GA 30320
more...
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n4nature
02-05 01:25 PM
Masters + 4 years or Master + 0 Years or Bachelors + Exp etc is all decided by the company based on the job title requirements, pay. It is not for you to decide what the labor should be. When company filed my labor I had MS + 3 Years experience from different origanization + 2 years with current organization but the labor was for MS + 0 Yrs experience because that is what the manager & HR thought the company needed and that is how it was advertised. They attached my experience letter from previous employment while submitting the labor but the job requirement never needed it.
Thanks for this answer!!!
Thanks for this answer!!!
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kum31
10-01 09:53 PM
hi ,
Here is my situation.
(employer) -> (middle vendor ) -> prime vendor -> (End client ).
I am working to a client in california in the above mentioned order. After 1 year we got rid of middle vendor and prime vendor is working with my employer directly . Now middle vendor is threatning me that he can sue me for breaking the line of contract .
i dont understand ho can even its possible as i never signed any document with middle vendor and he is not even my employer . He is just acting as middle layer by showing prime vendor that i am his employee which is wrong. now we removed him from line of contract and he is saying that he will sue all of us for doing this.
is there any way that he can even do this ?
- Thanks in advance.
Here is my situation.
(employer) -> (middle vendor ) -> prime vendor -> (End client ).
I am working to a client in california in the above mentioned order. After 1 year we got rid of middle vendor and prime vendor is working with my employer directly . Now middle vendor is threatning me that he can sue me for breaking the line of contract .
i dont understand ho can even its possible as i never signed any document with middle vendor and he is not even my employer . He is just acting as middle layer by showing prime vendor that i am his employee which is wrong. now we removed him from line of contract and he is saying that he will sue all of us for doing this.
is there any way that he can even do this ?
- Thanks in advance.
more...
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kshitijnt
07-14 05:31 PM
Life is not fair and US seems to be a country of hippocrats.
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vxb2004
04-28 08:23 PM
have you talked to a lawyer. If i am not wrong you have also used AC-21. Do you think revocation/withdrawal of the H-1B, will affect 485 in any way.
I spoke with my attorney today and she is going to investigate further on this case to find out what happened. She also mentioned that she has been an immigration attorney for over 30 years and half the time she has been working on USCIS generated blunders!!
I spoke with my attorney today and she is going to investigate further on this case to find out what happened. She also mentioned that she has been an immigration attorney for over 30 years and half the time she has been working on USCIS generated blunders!!
more...
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saratswain
09-15 03:53 AM
My company sponsored my EB-3 with PD of Feb 2007 and the I-140 was approved in Feb 2009. Based on the pending I-140, I filed my I-485 (AOS) application in July 2007. My I-485 case is still pending.
In the meantime, my company had been kind enough to agree to re-sponsor me for EB-2 PERM which was filed in Sept 2008 and the related I-140 was approved in July 2009.
Both my pending I-1485 and recently approved EB-2 I-140 share the same A number, while the earlier approved I-140 EB-3 has a different A number.
I wrote a letter to USCIS requesting them to link my recently approved EB-2 I-140 to the pending I-485, in the place of EB-3 I-140 and also port the earlier PD.
Since there is no response for more than 2 months, I called USCIS call center today. The call center person advised me that I cannot make such a porting request unless the Visa Bulletin is current for that PD of EB-2. I was shocked to hear such message. Please advise whether the call center person is correct in her interpretation. Thanks in advance.
My case is similar. EB3 - June, 04. Applied I-485 in EB3 July-2007. Then had an EB2 from same employer PD-Aug-2006. The call center person is right, that is exactly what my lawyer advised me as well. Here is what I did
Applied I-485 in EB3 - (July - 2007)
Requested to port the I-485 to EB2 category (with I-140 approved for EB2 and EB3 in hand) in Aug-2008 (In Aug-2008) the dates were current for EB2, June-2004
Created an SR in Aug-2009 when in Sept-2009 it was again becoming current for EB2-2004
I-485 Approved on Sept, 2, 2009.
My advise would be :
Prepare the case with the lawyer on the category transfer (EB3->EB2) keeping the PD same. Wait EB2-Feb, 2007 becomes current and send the application and open an SR. People have noticed that creating the SR is helping but you must have to wait for EB2, Feb-2007 to be current for you.
Note : There is a possibility that your I-485 application is already in EB2 category. I would suggest to take an InfoPass and confirm it in Oct-Nov when there are less people enquring.
Regards
(I am not an attorney)
In the meantime, my company had been kind enough to agree to re-sponsor me for EB-2 PERM which was filed in Sept 2008 and the related I-140 was approved in July 2009.
Both my pending I-1485 and recently approved EB-2 I-140 share the same A number, while the earlier approved I-140 EB-3 has a different A number.
I wrote a letter to USCIS requesting them to link my recently approved EB-2 I-140 to the pending I-485, in the place of EB-3 I-140 and also port the earlier PD.
Since there is no response for more than 2 months, I called USCIS call center today. The call center person advised me that I cannot make such a porting request unless the Visa Bulletin is current for that PD of EB-2. I was shocked to hear such message. Please advise whether the call center person is correct in her interpretation. Thanks in advance.
My case is similar. EB3 - June, 04. Applied I-485 in EB3 July-2007. Then had an EB2 from same employer PD-Aug-2006. The call center person is right, that is exactly what my lawyer advised me as well. Here is what I did
Applied I-485 in EB3 - (July - 2007)
Requested to port the I-485 to EB2 category (with I-140 approved for EB2 and EB3 in hand) in Aug-2008 (In Aug-2008) the dates were current for EB2, June-2004
Created an SR in Aug-2009 when in Sept-2009 it was again becoming current for EB2-2004
I-485 Approved on Sept, 2, 2009.
My advise would be :
Prepare the case with the lawyer on the category transfer (EB3->EB2) keeping the PD same. Wait EB2-Feb, 2007 becomes current and send the application and open an SR. People have noticed that creating the SR is helping but you must have to wait for EB2, Feb-2007 to be current for you.
Note : There is a possibility that your I-485 application is already in EB2 category. I would suggest to take an InfoPass and confirm it in Oct-Nov when there are less people enquring.
Regards
(I am not an attorney)
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a_yaja
06-26 03:10 PM
Could you please point out the section where it says dual intent for H1 will be removed ?
You will have to prove that you will come back to your home country after the end of the H1B. Look at page 237 of the new bill. It has the following:
(c) CLARIFYING THE IMMIGRANT INTENT PROVISION.� Subsection (b) of
14 section 214 of the Immigration and Nationality Act (8 U.S.C. 1184(b))
15 is amended�
16
17 (1) by striking the parenthetical phrase �(other than a
18 nonimmigrant described in subparagraph (L) or (V) of section
19 101(a)(15), and other than a nonimmigrant described in any
20 provision of section 101(a)(15)(H)(i) except subclause (b1) of
21 such section) " in the first sentence; and
22
23 (2) by striking �under section 101(a)(15)" and inserting in its
24 place �under the immigration laws.".
You will have to prove that you will come back to your home country after the end of the H1B. Look at page 237 of the new bill. It has the following:
(c) CLARIFYING THE IMMIGRANT INTENT PROVISION.� Subsection (b) of
14 section 214 of the Immigration and Nationality Act (8 U.S.C. 1184(b))
15 is amended�
16
17 (1) by striking the parenthetical phrase �(other than a
18 nonimmigrant described in subparagraph (L) or (V) of section
19 101(a)(15), and other than a nonimmigrant described in any
20 provision of section 101(a)(15)(H)(i) except subclause (b1) of
21 such section) " in the first sentence; and
22
23 (2) by striking �under section 101(a)(15)" and inserting in its
24 place �under the immigration laws.".
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Dhundhun
05-21 05:47 PM
I think, too many documents not required. The US Embassy in Delhi asks for:
If you have a sponsor for your trip
-- An Affidavit of Support, I-134 Form from your sponsor (a close relative), and also their bank statements and employment letter
-- A copy of the passport of your sponsor in the U.S. Preferably, a copy of the relative's Indian passport, if possible
-- Documents to show the sponsor's legal status in the U.S.
Refer to http://newdelhi.usembassy.gov/nivbvisas.html.
Just like EAD filing, one can send as many documents as required, but I sent only things asked in e-filing (refer to http://immigrationvoice.org/forum/showthread.php?t=18737).
If you have a sponsor for your trip
-- An Affidavit of Support, I-134 Form from your sponsor (a close relative), and also their bank statements and employment letter
-- A copy of the passport of your sponsor in the U.S. Preferably, a copy of the relative's Indian passport, if possible
-- Documents to show the sponsor's legal status in the U.S.
Refer to http://newdelhi.usembassy.gov/nivbvisas.html.
Just like EAD filing, one can send as many documents as required, but I sent only things asked in e-filing (refer to http://immigrationvoice.org/forum/showthread.php?t=18737).
gccovet
06-19 09:42 AM
Hi everyone:
I have an unusual situation concerning my friend's mother. When he got his green card (about 10 years ago) he filed the green card application for his mother that lived (and still lives) abroad, hoping to alleviate the woes of her getting a short-term traveller's visa every time she traveled to see him.
She received her green card about 4 years ago, but she doesn't want to live in the US for more than a month. Unfortunately it also gets more and more expensive for them to make her travel to US every year, thus pushing her into a violation of her Permanent Resident status and of the recurring Re-entry Permits (that now shrank to a single year).
My friend now wants to suggest his mother to relinquish (i.e. give up) her permanent status but his fear is that once done she will not be able to return back to US to visit him. (He has already become a citizen and is not planning to return to his home country.)
Does anyone here have any suggestions of what could happen if she gives up her permanent resident status?
Cousin went through same situation recently (early 2008). Parents "surrendered" their GC's, to Mumbai consulate general office, and simultaneously applied (same day same time while in the consulate) for Visitor VISA (they were advised about the procedure by Mumbai consulate office via phone, they had called them couple of months before doing this). Visitor VISA was granted without any questions asked.
My parents are thinking of doing the same very soon.
GCCovet
I have an unusual situation concerning my friend's mother. When he got his green card (about 10 years ago) he filed the green card application for his mother that lived (and still lives) abroad, hoping to alleviate the woes of her getting a short-term traveller's visa every time she traveled to see him.
She received her green card about 4 years ago, but she doesn't want to live in the US for more than a month. Unfortunately it also gets more and more expensive for them to make her travel to US every year, thus pushing her into a violation of her Permanent Resident status and of the recurring Re-entry Permits (that now shrank to a single year).
My friend now wants to suggest his mother to relinquish (i.e. give up) her permanent status but his fear is that once done she will not be able to return back to US to visit him. (He has already become a citizen and is not planning to return to his home country.)
Does anyone here have any suggestions of what could happen if she gives up her permanent resident status?
Cousin went through same situation recently (early 2008). Parents "surrendered" their GC's, to Mumbai consulate general office, and simultaneously applied (same day same time while in the consulate) for Visitor VISA (they were advised about the procedure by Mumbai consulate office via phone, they had called them couple of months before doing this). Visitor VISA was granted without any questions asked.
My parents are thinking of doing the same very soon.
GCCovet
ArkBird
09-08 05:12 PM
@Sanjay
Did you used substitute labor for filing I-140? I have heard about instances where people who used substitute are called for an interview even after the final I-485 approval
Did you used substitute labor for filing I-140? I have heard about instances where people who used substitute are called for an interview even after the final I-485 approval
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