rsdang
07-08 04:41 PM
Spouse will have to be in relation for 3 years even after getting GC. Or else upon request, GC of the spouse can be revoked by USCIS.
I asked my company immigration specialist and she said since its an EB GC - the three year stipulation is not valid... Thats for family based GC...
You may want to ask a lawyer...
Hope This helps.
I asked my company immigration specialist and she said since its an EB GC - the three year stipulation is not valid... Thats for family based GC...
You may want to ask a lawyer...
Hope This helps.
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ash0210
11-21 07:06 PM
gc_in_30_yrs, I will file new Labor in PERM with this new job Responsibilites..! :D
I am sure ash0210 will get a job in USCIS to write rules for issuing GCs.
Just kidding. I like your analogy.
I am sure ash0210 will get a job in USCIS to write rules for issuing GCs.
Just kidding. I like your analogy.
prem_goel
12-03 10:24 PM
I have...
Frist stamp from INDIA (home country),
2 Visa Stamps from Washington DC
Last stamping from Matamoros (Mexico)
Am i ELIGIBLE to get H1 visa stamp from Tijuana next year?
YEs, but I am not a lawyer. Secondly you should refer to the US Consulate at Tijuana's website for the latest rules. I believe as of now, you are since you have 1 stamping from your home country.
I met one guy during my stamping who had the same situation and he got approved. You have to show them the india stamping though, else they might get confused seeing your other stampings. Initially they said to him he was not eligible, but when he showed them his first India stamping they let him in.
Frist stamp from INDIA (home country),
2 Visa Stamps from Washington DC
Last stamping from Matamoros (Mexico)
Am i ELIGIBLE to get H1 visa stamp from Tijuana next year?
YEs, but I am not a lawyer. Secondly you should refer to the US Consulate at Tijuana's website for the latest rules. I believe as of now, you are since you have 1 stamping from your home country.
I met one guy during my stamping who had the same situation and he got approved. You have to show them the india stamping though, else they might get confused seeing your other stampings. Initially they said to him he was not eligible, but when he showed them his first India stamping they let him in.
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unitednations
02-27 12:27 PM
Hi all
I am a green card holder. I received my green card through an application filed by a former employer, and received it in September 2004. I got married in Arpil 2006, my wife is from my home country, she had been in the US previously on an F-1 status which has since ran out. She became pregnant soon after we were married. She came up to the US last September on a B visa. She was given 6 months stay on her I-94; and had the baby here in January of 2007. Her expiration date on the I-94 is in 3 weeks and she is going to leave (with the baby) to maintain good status standing.
I filed for her (I-130) last July. Our plan at this time is for her to go to grad school, apply for a new F-1 to come back here. We are presently waiting for a decsion on the grad school application from the school she applied to.
I hope this isnt too confusing, but can anyone offer any suggestions or help with our situation? In terms of what options are out there for my wife to be here with me if things dont work out with grad school/ F-1 visa? As I mentioned I did file for her, but as I am not a citizen it will take longer. Also our newborn baby is a US citizen as she was born here.
Thank you!!
This is why consulates and uscis are so tough.
You got married before she got the visitor visa? Did you tell the truth on the visa application? If you did then they probably wouldn't have given the visa.
Now you have filed I-130 for her which difinitively shows immigrant intent. On the I-539 form if you tell the truth they will deny the extension/change of status because she has shown immigrant intent.
Sorry, not much good news for you.
I am a green card holder. I received my green card through an application filed by a former employer, and received it in September 2004. I got married in Arpil 2006, my wife is from my home country, she had been in the US previously on an F-1 status which has since ran out. She became pregnant soon after we were married. She came up to the US last September on a B visa. She was given 6 months stay on her I-94; and had the baby here in January of 2007. Her expiration date on the I-94 is in 3 weeks and she is going to leave (with the baby) to maintain good status standing.
I filed for her (I-130) last July. Our plan at this time is for her to go to grad school, apply for a new F-1 to come back here. We are presently waiting for a decsion on the grad school application from the school she applied to.
I hope this isnt too confusing, but can anyone offer any suggestions or help with our situation? In terms of what options are out there for my wife to be here with me if things dont work out with grad school/ F-1 visa? As I mentioned I did file for her, but as I am not a citizen it will take longer. Also our newborn baby is a US citizen as she was born here.
Thank you!!
This is why consulates and uscis are so tough.
You got married before she got the visitor visa? Did you tell the truth on the visa application? If you did then they probably wouldn't have given the visa.
Now you have filed I-130 for her which difinitively shows immigrant intent. On the I-539 form if you tell the truth they will deny the extension/change of status because she has shown immigrant intent.
Sorry, not much good news for you.
more...
Ramba
09-10 05:15 PM
Hmm.. I though many people are there.. bumerr...
Anyways.. I am shooting for EB2 category as I have my MS.. Few of my freinds here in office have applied for GC , but all of them have applied with MS + 1 atleast... I was kinda worried as my JOb code falls under JOb zone 4, how will i qualify for EB2 even though only having MS does qulaify for applying EB2..
I know.. that a position should require MS or BS +5...rather than one having that degree..
I was just wondering if there are some people who have applied under EB2 category with MS +0 experience....
Thank you every1 for your prompt responses...
MS+0--hard to sell to DOL, particularly in current economic condition, as unemployment rates are in double digits. It is also depends on the location of the job. DOL may belive that they can't find US citizen with MS+0, for the job in Alaska. !00% they wont belive if the job is in michigan or california, where the unemployment rate is very high.
Anyways.. I am shooting for EB2 category as I have my MS.. Few of my freinds here in office have applied for GC , but all of them have applied with MS + 1 atleast... I was kinda worried as my JOb code falls under JOb zone 4, how will i qualify for EB2 even though only having MS does qulaify for applying EB2..
I know.. that a position should require MS or BS +5...rather than one having that degree..
I was just wondering if there are some people who have applied under EB2 category with MS +0 experience....
Thank you every1 for your prompt responses...
MS+0--hard to sell to DOL, particularly in current economic condition, as unemployment rates are in double digits. It is also depends on the location of the job. DOL may belive that they can't find US citizen with MS+0, for the job in Alaska. !00% they wont belive if the job is in michigan or california, where the unemployment rate is very high.
jonty_11
07-05 12:46 PM
Maybe politicians involved - only when powerful politicians are involved such things happen - USCIS/DOS does not do such things on its own.
How about the fact that it was related to CIR to shut up the Legals asking for Ammendments in CIR, ,,,,as CIR fell apart, they took away our bait too.....
It seems too simple, but only makes sense...
Remember this has never happenned before in the history of VBs
How about the fact that it was related to CIR to shut up the Legals asking for Ammendments in CIR, ,,,,as CIR fell apart, they took away our bait too.....
It seems too simple, but only makes sense...
Remember this has never happenned before in the history of VBs
more...
gcwait2007
07-23 12:28 AM
For Labor substitution cases, is there premium processing for I-140? Earlier, USCIS announced that from 05/18/2007 to 07/16/2007, it was stopping premium processing for Labor substitution cases. Any change now?
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txh1b
08-18 02:48 PM
now this is weird... aside from the poster's main question: why does uscis want proof of *continuous employment* since the poster filed for 485? all they should care about is the future job... isnt that right? why do they want employment history?
willIWill, can you please post the exact wording on your RFE regarding that point?
It is not. It is very much relevant to the case as he has not added the spouse to the I485. If the person has not been continuously maintaining the non immigrant visa status, the spouse is out of status as the 485 has not been filed and is not eligible to hold H4 status.
Also, if the person has travelled on as a parolee, USCIS may be interested in that as well. You never know what the IO is getting into when they issue the RFE. Do not judge or give the OP a feeling that the RFE is irrelevant. It is, in many ways.
willIWill, can you please post the exact wording on your RFE regarding that point?
It is not. It is very much relevant to the case as he has not added the spouse to the I485. If the person has not been continuously maintaining the non immigrant visa status, the spouse is out of status as the 485 has not been filed and is not eligible to hold H4 status.
Also, if the person has travelled on as a parolee, USCIS may be interested in that as well. You never know what the IO is getting into when they issue the RFE. Do not judge or give the OP a feeling that the RFE is irrelevant. It is, in many ways.
more...
Marphad
04-20 01:58 PM
My passport expires in 6 months. What is the earliest time before passport expiry can I apply for my Indian passport renewal. How long will it take to process it.
1 year
1 year
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kartikiran
05-06 11:08 AM
if a couple of members attend with immigration voice badge on their shirts, this could be a good platform for immigrationvoice as a group to get noticed.
Maybe people who are living around Washington DC neighborhood can attend to represent IV and their registration can be sponsored by IV.
Just a thought. As we push our agenda, IV as an organization must get noticed in more places where USCIS is putting its face on.
Maybe people who are living around Washington DC neighborhood can attend to represent IV and their registration can be sponsored by IV.
Just a thought. As we push our agenda, IV as an organization must get noticed in more places where USCIS is putting its face on.
more...
jonty_11
07-16 07:11 PM
Bluez,
How are you planning to get PCC from consulate. I live in colorado and going to SFO would be very expensive as well as time consuming. Do you know how much time consulate would take through mail? I am skeptical whether they would send my passport back by Aug 15 or not as I am planing to leave on Aug 15.
seee SFO website...they issue PCC is upto 45 days, I think...
cgisf.org - even better call them
How are you planning to get PCC from consulate. I live in colorado and going to SFO would be very expensive as well as time consuming. Do you know how much time consulate would take through mail? I am skeptical whether they would send my passport back by Aug 15 or not as I am planing to leave on Aug 15.
seee SFO website...they issue PCC is upto 45 days, I think...
cgisf.org - even better call them
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espoir
07-27 04:10 PM
They would have to leave US and re-enter on H-4 visa to be on H4
If I-485 is rejected, can you switch back to H4 from EAD without going out of USA?
If I-485 is rejected, can you switch back to H4 from EAD without going out of USA?
more...
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dc2007
07-05 10:28 PM
Thank you all for your help/suggestions. I'll try to add my wife in my employer plan, may be with lower premium and higher deductible for now. Also there is this insurance I found called 'HTH global citizen' that covers pregnancy after 12 months.
My suggestion is: "Go for HIGHER PREMIUM and LOW DEDUCTIBLE", other wise go for $3000 package.
But I can tell you even if doctor is saying $3000, you might be ending paying a lot more than that. Its medical, and I hope everything should go fine. But in case of any complexities, if you don't have insurance, you will end up paying like more than 10K (even in $3000 package).
Go for full coverage and add your wife to your insurance. This is my suggestion.
Good Luck
My suggestion is: "Go for HIGHER PREMIUM and LOW DEDUCTIBLE", other wise go for $3000 package.
But I can tell you even if doctor is saying $3000, you might be ending paying a lot more than that. Its medical, and I hope everything should go fine. But in case of any complexities, if you don't have insurance, you will end up paying like more than 10K (even in $3000 package).
Go for full coverage and add your wife to your insurance. This is my suggestion.
Good Luck
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gcwatchdog
11-20 12:32 PM
It,s better to have all the paystubs for easy employer switch(AC21).
You should prepare for sacrifice holding payment.....or feel like you are on vacation...
You should prepare for sacrifice holding payment.....or feel like you are on vacation...
more...
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gc28262
11-26 01:11 PM
Hi Guys,
..............................................
My question is, can I face any difficulty while boarding a flight in India since I do not have any valid visa stamp for US in my passport? If I remember well the immigration counter in India also verifies a person's visa before letting him/her proceed on the journey.
..........................
You won't have any issue with Indian Emigration officials in India. They are well aware of advanced parole as a means of entry to US.
..............................................
My question is, can I face any difficulty while boarding a flight in India since I do not have any valid visa stamp for US in my passport? If I remember well the immigration counter in India also verifies a person's visa before letting him/her proceed on the journey.
..........................
You won't have any issue with Indian Emigration officials in India. They are well aware of advanced parole as a means of entry to US.
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ssnd03
01-02 07:18 PM
Hi Everybody,
I know that nobody has an answer for my question, but still i would like to get the views/inputs from the seniors here , who have experience with USCIS.
When do you think a person with PD of Nov 2007 ,EB3 from India, would be able to file for 485??
Most likely in about two (2) years
I know that nobody has an answer for my question, but still i would like to get the views/inputs from the seniors here , who have experience with USCIS.
When do you think a person with PD of Nov 2007 ,EB3 from India, would be able to file for 485??
Most likely in about two (2) years
more...
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kandhu
01-02 02:27 PM
Hi Everybody,
I know that nobody has an answer for my question, but still i would like to get the views/inputs from the seniors here , who have experience with USCIS.
When do you think a person with PD of Nov 2007 ,EB3 from India, would be able to file for 485??
Welcome to the GC journey!
My GUESS is atleast 5 to 8 years with the current laws.
(I may be too optimisic. It may be even 10+ years !)
I know one of the things that IV is figting for is to apply for I485 even when the dates are not current. (This is just one of the many things that IV is fighting for. Review the below thread for detailed info)
http://immigrationvoice.org/forum/showthread.php?t=16298&highlight=year
So please continue to Support & Contribute to IV.
Hope you have a less wait time.
I know that nobody has an answer for my question, but still i would like to get the views/inputs from the seniors here , who have experience with USCIS.
When do you think a person with PD of Nov 2007 ,EB3 from India, would be able to file for 485??
Welcome to the GC journey!
My GUESS is atleast 5 to 8 years with the current laws.
(I may be too optimisic. It may be even 10+ years !)
I know one of the things that IV is figting for is to apply for I485 even when the dates are not current. (This is just one of the many things that IV is fighting for. Review the below thread for detailed info)
http://immigrationvoice.org/forum/showthread.php?t=16298&highlight=year
So please continue to Support & Contribute to IV.
Hope you have a less wait time.
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ziggy7bs
03-18 12:23 PM
I am having the same problem. i did not know about the 180 days rule until my LC had expired. what did your lawyer tell u to do? did he call uscis to explain? did he call DOL to see if they could extended the LC? please reply to this. i am going to lose my PD of 020106 if i can"t get them to accept the LC.
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jettu77
03-13 01:14 PM
Congratulations!
ddanait
02-07 04:24 PM
True and I don't blame them, my priority date is 10th August 2007 and I haven't seen much progress since then. Last year during advocacy day in washington the turn out was pretty low, let's hope we will have better turn out this year and will make our voice heard.
We pay all the taxes including social security being on work visa, why should we be made liable to pay these taxes when the beneifts will be reaped only by citizens. An individual should be made to pay SS taxes only after he becomes a permanent resident. We are made to pay each and every tax without getting anything in return except an ambiguos future for us and family.
We pay all the taxes including social security being on work visa, why should we be made liable to pay these taxes when the beneifts will be reaped only by citizens. An individual should be made to pay SS taxes only after he becomes a permanent resident. We are made to pay each and every tax without getting anything in return except an ambiguos future for us and family.
roseball
04-02 12:53 PM
Thank you gc28262. It's just that my attorney havent seen this issue with Pre PERM cases. May be it is because PERM had more specific questions to answer so that there is little flexibility. Form 750 which was used before PERM did not have that many specific questions regarding labor conditions. So there was room for interpretation.
Thanks for murthy's link. Yes, It makes sense Gald I extended my H1 after returning on AP. So I am better positioned there.
Yes, actually the USCIS has argued the same in their revocation response which is that my labor requirements on Form 9089 aren't flexible enough to transfer me to EB3.
----
What your attorney is suggesting I believe is the right approach at this time. I would consult a reputed attorney and take his/her advise before taking any action. I would also have your company start a new PERM case in parallel, just incase. Yes, ETA-750 provides a little more flexibility w.r.t EB2 to EB3 downgrades when compared to 9089, but it depends on the educational requirements mentioned on the form. But your approach should be to get I-485 approval based on earlier I-140 and if that doesn't work out, then request for a downgrade. Hope it works out for you, good luck.
Thanks for murthy's link. Yes, It makes sense Gald I extended my H1 after returning on AP. So I am better positioned there.
Yes, actually the USCIS has argued the same in their revocation response which is that my labor requirements on Form 9089 aren't flexible enough to transfer me to EB3.
----
What your attorney is suggesting I believe is the right approach at this time. I would consult a reputed attorney and take his/her advise before taking any action. I would also have your company start a new PERM case in parallel, just incase. Yes, ETA-750 provides a little more flexibility w.r.t EB2 to EB3 downgrades when compared to 9089, but it depends on the educational requirements mentioned on the form. But your approach should be to get I-485 approval based on earlier I-140 and if that doesn't work out, then request for a downgrade. Hope it works out for you, good luck.
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