meridiani.planum
07-30 06:24 AM
I have a unique problem with possibly getting a green card too early. Please let me know how I can make this situation better. My priority date in EB2 India is in Jan 2006, which means potentially I could get my green card in 2-3 months.
I plan to get engaged in December 2008 and married in December 2009 to an Indian born Australian citizen. As far as I can see, her chargeability would be from India.
What are my options to make my life easier and to be able to successfully bring my future wife to the US the easiest possible way. So far, I have 2 options:
1. Use the special E3 work visa for Australian citizens.
2. If I dont get my GC within the next few months, do an early court marriage and invoke the following-to-join spouse when she is ready to come to the US.
If you follow #1 while you will have your GC immediately your wife will need to maintain her E3 visa until your PD is current again.
I plan to get engaged in December 2008 and married in December 2009 to an Indian born Australian citizen. As far as I can see, her chargeability would be from India.
What are my options to make my life easier and to be able to successfully bring my future wife to the US the easiest possible way. So far, I have 2 options:
1. Use the special E3 work visa for Australian citizens.
2. If I dont get my GC within the next few months, do an early court marriage and invoke the following-to-join spouse when she is ready to come to the US.
If you follow #1 while you will have your GC immediately your wife will need to maintain her E3 visa until your PD is current again.
chakdepatte
12-10 11:43 AM
Just throw away your legal papers. change your name, show your photograph with the statue of liberty and declare yourself illegal in the country for last 5 years. go to school, enjoy a better in-state tuition and get a better job. Green Card Voila!!!!
Dream act just proves that nothing will be done for hard working non shitizens. Legals should work and wait or leave as they dont have any DREAM. And yes we got a spineless president on that.
Keep dreaming. DREAM act ain't going anywhere.
Oye chuck they fatte.
Dream act just proves that nothing will be done for hard working non shitizens. Legals should work and wait or leave as they dont have any DREAM. And yes we got a spineless president on that.
Keep dreaming. DREAM act ain't going anywhere.
Oye chuck they fatte.
Sakthisagar
10-27 12:20 PM
shiv sena is an extreme outfit and their actions should be condemned, its not a right or left issue,
Great to know, this is a revelation so you need to get more info about Fox TV, how right they are here more than this senas..
So along with Fox TV what help you are planning for all of our immigration problems?
Great to know, this is a revelation so you need to get more info about Fox TV, how right they are here more than this senas..
So along with Fox TV what help you are planning for all of our immigration problems?
royus77
06-18 12:39 PM
babu123
When had filed my I140 I did send my coworkers reference letter ...yet i got a rfe requesting for employer's experience letter..
Make sure that your co-worker is the one who you reported rather than a peer .It will fetch a lot .
When had filed my I140 I did send my coworkers reference letter ...yet i got a rfe requesting for employer's experience letter..
Make sure that your co-worker is the one who you reported rather than a peer .It will fetch a lot .
more...
mysticblue
08-17 12:31 AM
I'm on a H1B status and was initially working for Company A, with an approved Visa. I joined Company B and initiated a H1 transfer to them. I am on their pay role, however am on bench since i joined them. Its been 5 months and my visa transfer with Company B is still in Pending. Now, I have an offer from Company C, and am thinking about joining them.
Meanwhile, since Company B has not been able to find work, they have indicated a termination of my employment if i'm not placed in the project by end of this month. I think i have no other optiion but to join Company C before my visa with Company B is cancelled. I have been advised to go for a premium processing of H1 to Company C, so that by the time i'm out of Company B, i have a good chance of having approved visa from Company C.
1. Is it legal to transfer my Visa to Company C while my Visa with Company B is still in progress. Note that I have worked with Company B for about 5 months.
2. Can I use approval notice from Company A and pay stubs from Company B to initiate premium transfer with Company C ?
3. If i initiate a transfer with Company C, and later Company B terminates my employment, what will happen to my pending visa with Company C?
4. Will H1 transfer with Company C get affected if USCIS gets to know that my pending transfer with Company B has been cancelled?
5. Will it make any difference if I resign from Company B (after initiating transfer with Company C), before Company B terminates my employment.? Are termination and resignation cases treated in the same way by USCIS ?
Please help, as i'm in a bit of a crisis about what decision to take. Any kind on response for the above would be appreciated.
Meanwhile, since Company B has not been able to find work, they have indicated a termination of my employment if i'm not placed in the project by end of this month. I think i have no other optiion but to join Company C before my visa with Company B is cancelled. I have been advised to go for a premium processing of H1 to Company C, so that by the time i'm out of Company B, i have a good chance of having approved visa from Company C.
1. Is it legal to transfer my Visa to Company C while my Visa with Company B is still in progress. Note that I have worked with Company B for about 5 months.
2. Can I use approval notice from Company A and pay stubs from Company B to initiate premium transfer with Company C ?
3. If i initiate a transfer with Company C, and later Company B terminates my employment, what will happen to my pending visa with Company C?
4. Will H1 transfer with Company C get affected if USCIS gets to know that my pending transfer with Company B has been cancelled?
5. Will it make any difference if I resign from Company B (after initiating transfer with Company C), before Company B terminates my employment.? Are termination and resignation cases treated in the same way by USCIS ?
Please help, as i'm in a bit of a crisis about what decision to take. Any kind on response for the above would be appreciated.
hotammo
08-04 08:15 AM
Looks like they (TSC) are now processing July 3rd onwards. Any July 2nd filler , filled at TSC still waiting. Also do you know if your name check was cleared.
I am a July 2nd Filer, not only waiting but have had no LUDs on 485 after 2 FP's (one for last year's EAD and one for EAD renewal this year.)
I do not know if name check is cleared.
I am a July 2nd Filer, not only waiting but have had no LUDs on 485 after 2 FP's (one for last year's EAD and one for EAD renewal this year.)
I do not know if name check is cleared.
more...
glus
02-27 09:09 AM
I have received my GC on January 28th. My company filled the following with USCIS:
I140 was filled on Nov. 21 2007 and Approved on Jan 24th 2008
I485 was filled on Nov. 21 2007 and Approved on Jan 20th 2008
Now... some people say to me to wait 180 days to quit my current job (which is paying me half of what I should be earning as a GC holder), some people say it is okay to leave at anytime....
So, I don't know what to do, I pretend to become a citzen in 5 years also, and not sure if this will count bad towards that.
I have some reasons to leave: sallary is low (they will not negociate more), wife is pregnant and I am getting a mortgage.
Please advice.
Ok, since your GC has been approved, it is not true you need to wait 180 days. There is nothing in the law that says that. What is true is something different. When you received your GC through your employer, the presumption is that you will remain with this employer for a long time to come as it was a permanent job offer position. Of course, under some circumstances, it is possible you can't work for the same employer any longer; for instance, the company is closing etc. But, if you receive a GC and you voluntarily leave your employer immediately or after a few months, you MAY have issues during naturalization. At that time your application can be scrutinized whether or not you really was going to work for the employer who sponsored you. I've seen this happening several times. If you left voluntarily after a short period of time, the USCIS may say it was fraud and you never intended to work for your sponsor. So, in general, it is advisable to remain with the original sponsor for some time. Some attorneys say 1 year is enough, some say 2 years is enough and some say 6 months is enough. It is up to you. The law does not specify what the period is, but be logical and careful about this. You can hold 5 jobs, but I would suggest to stay with your current employer for as long as possible. Think forward, and not backward.
Hope this makes sense.
I140 was filled on Nov. 21 2007 and Approved on Jan 24th 2008
I485 was filled on Nov. 21 2007 and Approved on Jan 20th 2008
Now... some people say to me to wait 180 days to quit my current job (which is paying me half of what I should be earning as a GC holder), some people say it is okay to leave at anytime....
So, I don't know what to do, I pretend to become a citzen in 5 years also, and not sure if this will count bad towards that.
I have some reasons to leave: sallary is low (they will not negociate more), wife is pregnant and I am getting a mortgage.
Please advice.
Ok, since your GC has been approved, it is not true you need to wait 180 days. There is nothing in the law that says that. What is true is something different. When you received your GC through your employer, the presumption is that you will remain with this employer for a long time to come as it was a permanent job offer position. Of course, under some circumstances, it is possible you can't work for the same employer any longer; for instance, the company is closing etc. But, if you receive a GC and you voluntarily leave your employer immediately or after a few months, you MAY have issues during naturalization. At that time your application can be scrutinized whether or not you really was going to work for the employer who sponsored you. I've seen this happening several times. If you left voluntarily after a short period of time, the USCIS may say it was fraud and you never intended to work for your sponsor. So, in general, it is advisable to remain with the original sponsor for some time. Some attorneys say 1 year is enough, some say 2 years is enough and some say 6 months is enough. It is up to you. The law does not specify what the period is, but be logical and careful about this. You can hold 5 jobs, but I would suggest to stay with your current employer for as long as possible. Think forward, and not backward.
Hope this makes sense.
paritp
02-03 05:48 PM
Mine was approved on Nov 15th 2010 but still have not received it. I called customer service 4 times but no user.
Last week I had info pass appointment and the lady told me they will track my package as they have already sent it on Nov 15th. Still nothing
All the best in you case.
Last week I had info pass appointment and the lady told me they will track my package as they have already sent it on Nov 15th. Still nothing
All the best in you case.
more...
vin13
01-08 11:06 AM
I returned back from India a few days ago. My experience was very similar to "LostInGCProcess". The only difference was that i had only 2 copies of AP. They kept one and gave me one.
So, it should not be a problem if you have 2 AP copies. Just make sure you come out of Immigration with 1 copy for your future travels.
They will not take the only copy you have if you make another trip out of the country before it expires.
You need just the AP and Passport. Please let the officer know that you are using AP. Or they will keep looking through your passport for a visa.
It is good to have supporting documents such as I-485 receipt, I-140 approval, recent paystubs, employment letter from your HR (stating you are still employed). As 'LostInGCProcess" said, please do not provide them until reqested
So, it should not be a problem if you have 2 AP copies. Just make sure you come out of Immigration with 1 copy for your future travels.
They will not take the only copy you have if you make another trip out of the country before it expires.
You need just the AP and Passport. Please let the officer know that you are using AP. Or they will keep looking through your passport for a visa.
It is good to have supporting documents such as I-485 receipt, I-140 approval, recent paystubs, employment letter from your HR (stating you are still employed). As 'LostInGCProcess" said, please do not provide them until reqested
sagis99
03-18 01:08 PM
Not sure if funny is the right term to use here, but this makes me think about
the cold-war era russia/east germany type of bureaucracy.
amazing.
the cold-war era russia/east germany type of bureaucracy.
amazing.
more...
a_yaja
03-15 12:07 PM
This topic seems to be gray for H1B holders. What is allowed and what is not.
* What about cases where people submit content to magazines and are paid a small amount (if published)? It is kind of funny to tell them - "you know I won't accept your $200 bucks because I am on H1B and cannot accept anything else".
Accepting $200 for an article in the above scenario should be OK. However, if you are going to make a career out of it (writting articles for the sole purpose of generating income) - they you have crossed the line for "passive income" definition. Similarly, selling stuff on auction sites is OK as long as you are diposing off your stuff. But if you are going to go around your neighbourhood looking for stuff that you can sell on auction sites, then again you have crossed the line.
All said and done, this is definitely a grey area for people who do this often - for example, who decides the number of aricles that you can write before the hobby turns into profession:D ?
* What about cases where people submit content to magazines and are paid a small amount (if published)? It is kind of funny to tell them - "you know I won't accept your $200 bucks because I am on H1B and cannot accept anything else".
Accepting $200 for an article in the above scenario should be OK. However, if you are going to make a career out of it (writting articles for the sole purpose of generating income) - they you have crossed the line for "passive income" definition. Similarly, selling stuff on auction sites is OK as long as you are diposing off your stuff. But if you are going to go around your neighbourhood looking for stuff that you can sell on auction sites, then again you have crossed the line.
All said and done, this is definitely a grey area for people who do this often - for example, who decides the number of aricles that you can write before the hobby turns into profession:D ?
vine93
03-15 01:37 AM
Faxed already.
more...
rbharol
09-20 12:24 PM
Can a person who is on H1B visa engage in an internet business (and receive income from it) from home ? I do know a couple of people who used to do that.
Thanks in advance for your answer.
Answer from my Lawyer is No.
I tried to commercialize my website which you see in my signature. Plan was to sell
the consulting services and sell gem stones. I am on H1B and Lawyer said do not do it.
Thanks in advance for your answer.
Answer from my Lawyer is No.
I tried to commercialize my website which you see in my signature. Plan was to sell
the consulting services and sell gem stones. I am on H1B and Lawyer said do not do it.
logiclife
05-23 11:56 PM
Mercies,
This is a house member. They will speak a lot of things. Plus, there is 435 of them. In the course of debate a lot of opinions will come across. I dont know if this guy from Indiana is on the conference, but the only person that really matters from the house side is Sensenbrenner. He will be on the conference. And all the provisions that are friendly to illegals will be thrown out of the bill during conference.
Frankly, the amendments like orange card amendment of Feinstein was a waste of time. First of all it didnt even pass the senate, but had it been passed, provisions like Orange card would be something that Sensenbrenner would ask the Senators to leave it outside the door before walking to the table in conf committee.
Cool down yaar. Let's wait for tommorow to see and hope that Frist and Reid dont start another pillow fight over the number of amendments.
This is a house member. They will speak a lot of things. Plus, there is 435 of them. In the course of debate a lot of opinions will come across. I dont know if this guy from Indiana is on the conference, but the only person that really matters from the house side is Sensenbrenner. He will be on the conference. And all the provisions that are friendly to illegals will be thrown out of the bill during conference.
Frankly, the amendments like orange card amendment of Feinstein was a waste of time. First of all it didnt even pass the senate, but had it been passed, provisions like Orange card would be something that Sensenbrenner would ask the Senators to leave it outside the door before walking to the table in conf committee.
Cool down yaar. Let's wait for tommorow to see and hope that Frist and Reid dont start another pillow fight over the number of amendments.
more...
sandy_anand
01-24 10:17 AM
We are back to 140K, refer to demand data. This year both EB1 and EB2 are showing much lower consumption the dates will definitely move into 2007.
Thanks!
Thanks!
dish
09-26 06:00 PM
Instead of asking for "filing for I-485 even when Priority date is not current" ,
why not we ask for "filing for EAD and Advance Parole based on an approved I-140.".
The net effect is the same. By the present law EAD and Advance parole is issued based on a pending I-485. Instead , EAD and Parole could be issued based on on an Approved Immigrant petition - ie I-140.
Even if we are allowed to file for I-485 when priority dates are not current, the application for adjustment of status will not be considered without being a visa date available.
why not we ask for "filing for EAD and Advance Parole based on an approved I-140.".
The net effect is the same. By the present law EAD and Advance parole is issued based on a pending I-485. Instead , EAD and Parole could be issued based on on an Approved Immigrant petition - ie I-140.
Even if we are allowed to file for I-485 when priority dates are not current, the application for adjustment of status will not be considered without being a visa date available.
more...
gopalkrishan
08-03 04:58 PM
Dear Registered OP,
I guess you have accidentally choose IV to post your issue,
the key word search "Frustation" on google might have drove you here,
not your mistake! try this website (http://www.atkins.com/Homepage.aspx) :D
Hi Sanju,
I do realize that IV is a focused forum .. but I thought that since all the members here are stressed with GC process, backlogs and continued frustrations of PD, I would just try to provide them with a moment of smile .. So there was no mistake in my posting on IV ..
More over I posted it under "Interesting Topics" so that I do not hamper any mainstream discussions :) If even this is unacceptable then I will redact my post with due apologies ..
Regards,
Gopal Krishan
I guess you have accidentally choose IV to post your issue,
the key word search "Frustation" on google might have drove you here,
not your mistake! try this website (http://www.atkins.com/Homepage.aspx) :D
Hi Sanju,
I do realize that IV is a focused forum .. but I thought that since all the members here are stressed with GC process, backlogs and continued frustrations of PD, I would just try to provide them with a moment of smile .. So there was no mistake in my posting on IV ..
More over I posted it under "Interesting Topics" so that I do not hamper any mainstream discussions :) If even this is unacceptable then I will redact my post with due apologies ..
Regards,
Gopal Krishan
soni7007
09-15 04:18 PM
Can you present this idea to pappu, Administrator and gsc999 via private message, please?
I do like the idea and if it has the support of IV Core, we should implement it. Please present to them so that we can have their direction.
Thanks,
Nola
Yes, i will definitely do that.
I do like the idea and if it has the support of IV Core, we should implement it. Please present to them so that we can have their direction.
Thanks,
Nola
Yes, i will definitely do that.
eb3_nepa
10-02 02:00 PM
It should be pointed out that starving dog is a cdn, and thus he is not required to give up I-94 when visiting canada.
Even if the flight staff hand you a new I-94, you are supposed to FILL IN the numbers from your previous I-94. That is why there are blanks spaces on the I-94.
Well thats kinda hard to do right since you dont have ur I-94 anymore;)?
Even if the flight staff hand you a new I-94, you are supposed to FILL IN the numbers from your previous I-94. That is why there are blanks spaces on the I-94.
Well thats kinda hard to do right since you dont have ur I-94 anymore;)?
vts31
10-20 10:08 PM
correct...and holy crap u have a lot of posts!
number30
04-21 12:50 PM
Hello Everyone!
I need opinion on whether one can change location after labor is approved for one area.
Let�s assume one is working for company X in city A. Labor is approved (I-140 is filed) and company wants you to relocate to city B.
How does this impact GC process?
Do you have to start again?
Or one can carry PD from prior Labor?
Your inputs will be greatly appreciated. My husband and I are trying to decide the best strategy going forward since our latest fiasco with labor due to negligence on lawyer's part.
Best
In future(i.e. after getting green card) if your company has an intent to bring to back to same location and you are intending to original location you are fine.
Also AC-21 allows you to change the job and location.
I need opinion on whether one can change location after labor is approved for one area.
Let�s assume one is working for company X in city A. Labor is approved (I-140 is filed) and company wants you to relocate to city B.
How does this impact GC process?
Do you have to start again?
Or one can carry PD from prior Labor?
Your inputs will be greatly appreciated. My husband and I are trying to decide the best strategy going forward since our latest fiasco with labor due to negligence on lawyer's part.
Best
In future(i.e. after getting green card) if your company has an intent to bring to back to same location and you are intending to original location you are fine.
Also AC-21 allows you to change the job and location.
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