akhilmahajan
05-01 07:32 PM
Thanks for the information..............
i always thought that it meant, that they are processing that day applications.
i always thought that it meant, that they are processing that day applications.
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smartboy75
12-04 06:41 PM
Hi Folks
As we go through the motions from one visa bulletin to another, I wanted to start a discussion regarding maitaining PR. I have been pondering about this for quiet some days and also reseached a bit and am still unable to get correct information.
Following are the guidelines for maintaining Permanent residency on the USCIS website:
Maintaining Permanent Residence
Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.
You may be found to have abandoned your permanent resident status if you:
Move to another country intending to live there permanently.
Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
Fail to file income tax returns while living outside of the US for any period.
Declare yourself a �nonimmigrant� on your tax returns.
Source: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=fe17e6b0eb13d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1 RCRD
Although the USCIS website clearly states in points 2 and 3 the residency requirement, I am still not clear what the rules says. For eg: After getting my GC is there any specific number of days I need to stay in the US mandatorily ?? Is it 1 week, 3 months, 6 months ?? What if I visit the US only for a month or two and then remain out ..would that result in revoking of my GC.....???
The more I think, the more I am convinced that your GC is really precious if you want to be a US citizen.....if not then there is always a risk of loosing it ..even accidentally ?? If yes, then is it worth the trouble and hassel ??
Can anyone throw more light on what the law says....can anyone guide as to what must be done if you want to maintain ur PR but at the same time not live here continuously ??
PS: Please no educated guesses ...
Appreciate your help.
As we go through the motions from one visa bulletin to another, I wanted to start a discussion regarding maitaining PR. I have been pondering about this for quiet some days and also reseached a bit and am still unable to get correct information.
Following are the guidelines for maintaining Permanent residency on the USCIS website:
Maintaining Permanent Residence
Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.
You may be found to have abandoned your permanent resident status if you:
Move to another country intending to live there permanently.
Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
Fail to file income tax returns while living outside of the US for any period.
Declare yourself a �nonimmigrant� on your tax returns.
Source: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=fe17e6b0eb13d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1 RCRD
Although the USCIS website clearly states in points 2 and 3 the residency requirement, I am still not clear what the rules says. For eg: After getting my GC is there any specific number of days I need to stay in the US mandatorily ?? Is it 1 week, 3 months, 6 months ?? What if I visit the US only for a month or two and then remain out ..would that result in revoking of my GC.....???
The more I think, the more I am convinced that your GC is really precious if you want to be a US citizen.....if not then there is always a risk of loosing it ..even accidentally ?? If yes, then is it worth the trouble and hassel ??
Can anyone throw more light on what the law says....can anyone guide as to what must be done if you want to maintain ur PR but at the same time not live here continuously ??
PS: Please no educated guesses ...
Appreciate your help.
perm2gc
07-08 09:57 PM
I was wondering if we have approached "Consulate General of India" and Ministry for Immigrant Indians (Aapravasi Bhartiya Mantralaya) and check if they can help us in this visa fiasco. Indian statesman and good enough in visiting America to get foreign investment at the state or central level, but where do they stand when the same disapora need their help to find injustice they face on the foreign land. Any thoughts?
May be we can get their help to gather support from pro India congressmen and senators
India govt will not involve in USA internal matters.Idea was floated long back by few members and core team responded to it.
May be we can get their help to gather support from pro India congressmen and senators
India govt will not involve in USA internal matters.Idea was floated long back by few members and core team responded to it.
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desi3933
05-11 05:11 PM
Hello Attorney,
About Myself:
=============
Myself EB2 Mar-06 now in I485.
deeply concerned about the current retrogression of eb2 priority date to 2000.
Background:
===========
Currently CIS and Statedept count ebdependents / derivatives under ebquota (according to CFR22)
However Sec 203, INA seems to layout the eb quota volume and lists eligibilities.
Looking at INA I am unable to find the link between ebdependent/detivaties and ebquota.
The I485 application "Part 2: App Type" Option b (derivative status for spouses and children)
seems to be related to quota listed in INA Sec. 203. [8 U.S.C. 1153] a - 2. (family quota)
and seems to be not related to INA Sec. 203. [8 U.S.C. 1153] b - * (employment quota).
Question:
=========
What quota do dependents of Employment based AOS(I-485) LEGALLY fall into - is it the EB quota or FB quota?
If incorrectly classified ? Is there any legal option this mis-classification be corrected?
Thanks a lot in advance for your time.
INA 203(d) Treatment of family members
A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 1101(b)(1) of this title shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section, be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
This means that if primary beneficiary is using visa number from EB(2) classification then dependent(s) will also be using same classification as primary beneficiary (i.e. EB(2) in this example).
______________________
Not a legal advice
US citizen of Indian origin
About Myself:
=============
Myself EB2 Mar-06 now in I485.
deeply concerned about the current retrogression of eb2 priority date to 2000.
Background:
===========
Currently CIS and Statedept count ebdependents / derivatives under ebquota (according to CFR22)
However Sec 203, INA seems to layout the eb quota volume and lists eligibilities.
Looking at INA I am unable to find the link between ebdependent/detivaties and ebquota.
The I485 application "Part 2: App Type" Option b (derivative status for spouses and children)
seems to be related to quota listed in INA Sec. 203. [8 U.S.C. 1153] a - 2. (family quota)
and seems to be not related to INA Sec. 203. [8 U.S.C. 1153] b - * (employment quota).
Question:
=========
What quota do dependents of Employment based AOS(I-485) LEGALLY fall into - is it the EB quota or FB quota?
If incorrectly classified ? Is there any legal option this mis-classification be corrected?
Thanks a lot in advance for your time.
INA 203(d) Treatment of family members
A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 1101(b)(1) of this title shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section, be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
This means that if primary beneficiary is using visa number from EB(2) classification then dependent(s) will also be using same classification as primary beneficiary (i.e. EB(2) in this example).
______________________
Not a legal advice
US citizen of Indian origin
more...
floridasun
01-26 05:00 PM
Charlotte, NC. decent Indian population and growing,nice weather, midway between NY and ATL
kevinkris
07-31 04:50 PM
Why do you need to go to Canada ? If your you have I797 you are approved and can start working with adjustment of status. Am I missing something ?
Hi, I am planning to goto india and i don't want to visit US Embassy in Chennai as i am working for a small consulting company. They will ask so many things.
I hope canada will be smooth.
My question is if US embassy in Canada don't want to extend my H1 will they cancel my current H1? Can i re-enter USA?
Hi, I am planning to goto india and i don't want to visit US Embassy in Chennai as i am working for a small consulting company. They will ask so many things.
I hope canada will be smooth.
My question is if US embassy in Canada don't want to extend my H1 will they cancel my current H1? Can i re-enter USA?
more...
bidhanc
05-11 12:35 PM
Hi,
I believe the number is
1-800-989-TALK
Call in once it's on the air.
Bidhan
I believe the number is
1-800-989-TALK
Call in once it's on the air.
Bidhan
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mattresscoil
10-18 08:48 AM
My 485 interview (employment based) has been scheduled in San Jose, CA for Oct,29th.
Interview letter says bring following documents:
All Passports, all documents that submitted during 485, current employment letter, W2s , marriage certificate, insurance policies, rental agreements etc�.
I have few questions on this:
1.My wife interview is at 7:45AM and mine is 8:15AM. Does it mean we have to go
separate or can we go at the same time?
2. Do I need to carry employer tax returns also?
3. Do I need to carry affidavit of support for my wife?
4. Are there any documents that I need to carry apart from mentioned in the above list?
Also if you have attended interview in San Jose field office, please share your experience.
Thanks.
1.My wife interview is at 7:45AM and mine is 8:15AM. Does it mean we have to go separate or can we go at the same time? - Most likely the officer will call you together.
2. Do I need to carry employer tax returns also? - No, just carry the letter of continued employment from your employer stating your income and that you work full time 40 hors a week form them.
3. Do I need to carry affidavit of support for my wife? - Not require but carry notarized cope if you really want to.
4. Are there any documents that I need to carry apart from mentioned in the above list? - Just carry every thing. Make sure you keep things sorted/organized so that you can pull whatever the officer wants from the stack.
Good luck and let the group know what happens.
Thanks, Mattresscoil!!
Interview letter says bring following documents:
All Passports, all documents that submitted during 485, current employment letter, W2s , marriage certificate, insurance policies, rental agreements etc�.
I have few questions on this:
1.My wife interview is at 7:45AM and mine is 8:15AM. Does it mean we have to go
separate or can we go at the same time?
2. Do I need to carry employer tax returns also?
3. Do I need to carry affidavit of support for my wife?
4. Are there any documents that I need to carry apart from mentioned in the above list?
Also if you have attended interview in San Jose field office, please share your experience.
Thanks.
1.My wife interview is at 7:45AM and mine is 8:15AM. Does it mean we have to go separate or can we go at the same time? - Most likely the officer will call you together.
2. Do I need to carry employer tax returns also? - No, just carry the letter of continued employment from your employer stating your income and that you work full time 40 hors a week form them.
3. Do I need to carry affidavit of support for my wife? - Not require but carry notarized cope if you really want to.
4. Are there any documents that I need to carry apart from mentioned in the above list? - Just carry every thing. Make sure you keep things sorted/organized so that you can pull whatever the officer wants from the stack.
Good luck and let the group know what happens.
Thanks, Mattresscoil!!
more...
ziri
09-10 11:02 PM
http://www.uscis.gov/graphics/publicaffairs/USCISToday_Sep_06.pdf
According to the illustrious director of uscis, Mr Emilio Gonzalez, the backlog reduction centers have made rapid progress. In feb 2004, form i140 took 11 months to clear, but as of july 2006, there are zero, i repeat 0 backlogs. It is awesome that he is focusing on the positive, but I would also like to know is how many hundreds of thousands are waiting for their first stage labor to clear.
This is crazy. How come am waiting for my I-140 since May 15, 2006
According to the illustrious director of uscis, Mr Emilio Gonzalez, the backlog reduction centers have made rapid progress. In feb 2004, form i140 took 11 months to clear, but as of july 2006, there are zero, i repeat 0 backlogs. It is awesome that he is focusing on the positive, but I would also like to know is how many hundreds of thousands are waiting for their first stage labor to clear.
This is crazy. How come am waiting for my I-140 since May 15, 2006
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whiteStallion
05-22 07:40 PM
My PERM application filed on 10th March 2008 in Chicago, got certified this Monday(05.19.2008). So you should be very close to your approval...may be next week!
All the best!
All the best!
more...
TheCanadian
01-02 12:09 AM
I think we should have a Flash 5 AS1 contest for nostalgic purposes.
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santb1975
12-10 08:17 AM
For question 2 - you just have to put a reminder for yourself and make a contribution of 10$ every month to donations at immigrationvoice.org. May be this can be done on par with the rent/ mortgage/ credit card bill/car payment that happens every month
Hello-
1) Is it possible to allow minimum ONE TIME contributions like $10?
2) Is it possible to allow minimum RECURRING contributions like $10?
When I am talking to my friends, we felt that the above things increase the
Contributions. We are also thinking that it is easy to ask friends to contribute if there are no limits on the contributions.
If I am correct there are more than 25,000 Members. If there are 10% of active members and each contribute $10 we get another $25000 that is required for the Bill.
My Contributions:
$50 Recurring Contributions from Nov 07.
Contributed $100 for the DC Rally.
$25 to the local Northern California Chapter in Oct 07.
Contributed to AILF $100 during the July visa bulletin time.
Hello-
1) Is it possible to allow minimum ONE TIME contributions like $10?
2) Is it possible to allow minimum RECURRING contributions like $10?
When I am talking to my friends, we felt that the above things increase the
Contributions. We are also thinking that it is easy to ask friends to contribute if there are no limits on the contributions.
If I am correct there are more than 25,000 Members. If there are 10% of active members and each contribute $10 we get another $25000 that is required for the Bill.
My Contributions:
$50 Recurring Contributions from Nov 07.
Contributed $100 for the DC Rally.
$25 to the local Northern California Chapter in Oct 07.
Contributed to AILF $100 during the July visa bulletin time.
more...
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raama123
02-25 11:22 PM
I was registered first time in last 6years this forum.i did not expect answers from this forum like arrogant,if you are not interested don't give reply like below,even you don't know about issue to answer,why you are giving unnecessary.
Forum will help to others with sharing the knowledge and sharing situations,not giving silly things..
Please remove this type of answers
dealsnet = which is correct
sargon = LoL. No wonder she got caught. She is not only a thief, she is also stupid
snthampi View Post
People like your (friend's) wife are a shame to the legal immigration community. We come here to work hard and make a better living. I don't think, this woman deserve to be admitted back to the US and I am not sorry to be rude in this case.
Please.... come on... you are a highly skilled immigrant... you can do better than this... I'm waiting... please spend the rest of the work day to come up with something.
Bookmark and Share
thanks
raam
Forum will help to others with sharing the knowledge and sharing situations,not giving silly things..
Please remove this type of answers
dealsnet = which is correct
sargon = LoL. No wonder she got caught. She is not only a thief, she is also stupid
snthampi View Post
People like your (friend's) wife are a shame to the legal immigration community. We come here to work hard and make a better living. I don't think, this woman deserve to be admitted back to the US and I am not sorry to be rude in this case.
Please.... come on... you are a highly skilled immigrant... you can do better than this... I'm waiting... please spend the rest of the work day to come up with something.
Bookmark and Share
thanks
raam
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HOPE_GC_SOON
07-17 12:48 PM
Its too much of waste of a time, on this thread, and misleading all the time, llooking for some interesting news, like processing times.
Guys: Can we stop this somehow, and DO Focuson other major news.
Thanks
Admin should have closed this thread by now.
Thanks.
Guys: Can we stop this somehow, and DO Focuson other major news.
Thanks
Admin should have closed this thread by now.
Thanks.
more...
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signin241
07-24 07:49 PM
Somebody told me that I can get a letter from Indian consulate certifying by Date of Birth using my passport and I can use that in place of the Birth certificate for 485 ?? IS this true, if yes, will this be accepted by USCIS ??
In the first case if I proceed as of now and when I get an RFE, what should I do ???
Thanks
In the first case if I proceed as of now and when I get an RFE, what should I do ???
Thanks
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mukeshjaiswal
12-04 08:45 PM
abhi_jais:
Delhi embassy called me for re interview on Nov 10th and issued me the visa.
Best of luck to you.
Delhi embassy called me for re interview on Nov 10th and issued me the visa.
Best of luck to you.
more...
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uma001
04-22 03:40 PM
Thanks a lot for the response.
Fortunately my extension got approved for 3 years without any RFE in 3 business days.
Here are the details...
Processing Type: Premium Processing
Receipt Number: EAC-XX-XXX-XXXXX
Processing Center : VSC
Applied for : 3 years(Based on Approved I-140)
Approved for : 3 years
Fedex date: 04/08/2010
Receipt Notice Date: 04/12/2010
RFE Date: N/A(No RFE)
RFE Responded Date: N/A
Status: Approved
Approved Date: 04/15/2010
Model :Employer(Desi Consulting)--> Vendor--> Client
Submitted all docs which I have mentioned in the beginning of this thread/topic.
Again submitted client & vendor letter without end dates. Also just submitted
contract papers between employer & vendor, had not submitted any purchase/work order.
Regards.
How long you been working at this client?
Fortunately my extension got approved for 3 years without any RFE in 3 business days.
Here are the details...
Processing Type: Premium Processing
Receipt Number: EAC-XX-XXX-XXXXX
Processing Center : VSC
Applied for : 3 years(Based on Approved I-140)
Approved for : 3 years
Fedex date: 04/08/2010
Receipt Notice Date: 04/12/2010
RFE Date: N/A(No RFE)
RFE Responded Date: N/A
Status: Approved
Approved Date: 04/15/2010
Model :Employer(Desi Consulting)--> Vendor--> Client
Submitted all docs which I have mentioned in the beginning of this thread/topic.
Again submitted client & vendor letter without end dates. Also just submitted
contract papers between employer & vendor, had not submitted any purchase/work order.
Regards.
How long you been working at this client?
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mallu
07-04 06:44 PM
Firstly, congrats!! BTW, when did you get the fingerprinting completed in your case? Want to get an idea as to how fast the whole process was done. Lets hope it is this way when our turn comes ;)
There is chance things get stuck in security check and rot there for years.
Many Indian applicants will attest to this.
There is chance things get stuck in security check and rot there for years.
Many Indian applicants will attest to this.
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akhilmahajan
04-30 10:24 AM
I will like to start this thread.
I140
filed March 2nd, 2007
Receipt date : March 8th, 2007
Thanks.
I140
filed March 2nd, 2007
Receipt date : March 8th, 2007
Thanks.
nousername
06-01 01:50 PM
Pay stub is secondary .. In the given market getting an offer letter should be your priority. Once you have an offer letter (job) you can apply for your H1 transfer. Worst case USCIS will ask you to go back to your home country and re-enter with a fresh I-94 BUT all this will only happen is you have a new offer.
You said you are here with your family. I do not know your financial condition but it all depends upon how long you can sustain without a job and what risk level you can take with your family. BTW, you have been out of status for 4 months.. so do whatever you want but quickly.
Thanks once again for your reply.
I want to make myself a little clear. Actually, the company thru which I applied my H1B transfer, withdrew my case recently when some query came. I did apply for premium processing paying more. Now the situation is I am still hunting job but as you know it is hard to get one these days. Nothing has been finalised as yet and I am having paystub till Jan. 2009. The company for which I worked won't like to give any letter for unpaid leave. Your case do give me some hope, but I am worried :
- no new company would like to process my case owing to my 3-4 months back paystub . Is it going to happen like this ? I am here with my family, and in that case I am confused whether I should stick to this place or leave.
Thanks again for your time and advise.
You said you are here with your family. I do not know your financial condition but it all depends upon how long you can sustain without a job and what risk level you can take with your family. BTW, you have been out of status for 4 months.. so do whatever you want but quickly.
Thanks once again for your reply.
I want to make myself a little clear. Actually, the company thru which I applied my H1B transfer, withdrew my case recently when some query came. I did apply for premium processing paying more. Now the situation is I am still hunting job but as you know it is hard to get one these days. Nothing has been finalised as yet and I am having paystub till Jan. 2009. The company for which I worked won't like to give any letter for unpaid leave. Your case do give me some hope, but I am worried :
- no new company would like to process my case owing to my 3-4 months back paystub . Is it going to happen like this ? I am here with my family, and in that case I am confused whether I should stick to this place or leave.
Thanks again for your time and advise.
ganguteli
04-17 12:14 PM
Ganguteli,
I am sorry to say this, why do you always try to create controversy. If you don't want to answer you should have kept quiet. No hard feelings my friend. I know that there is not a definite answer for my question, but I have posted here just to take expertise from our friends from their previous experiences. Lets say if you are going for a visa, don't you do your homework instead of leaving everything to the mercy of the officer?
If you look at my personal perspective, I am trying to be careful during these hard times.
No hard feelings. Take it in lighter vein. The question caught my attention.
I am sorry to say this, why do you always try to create controversy. If you don't want to answer you should have kept quiet. No hard feelings my friend. I know that there is not a definite answer for my question, but I have posted here just to take expertise from our friends from their previous experiences. Lets say if you are going for a visa, don't you do your homework instead of leaving everything to the mercy of the officer?
If you look at my personal perspective, I am trying to be careful during these hard times.
No hard feelings. Take it in lighter vein. The question caught my attention.