sathish_gopalan
07-05 04:21 PM
If you leave US for 2 or 3 years and get back through a new employer, does your I140 priority date still holds good. A friend of mine got his I140 approved, left to canada and got his citizenship. He intends to move back and want to know if he can still use his priority date. Thanks.
rubinop
04-14 10:00 AM
My LC is still in process after auditing (EB2). My employer wants to 'drastically' cut back my salary due the national depression, which is particularly affecting the field my company is operating in (sub-primes). If he does that, and I accept it, is LC in jeopardy? We filed back in September 2007 with a certain salary and now it will be lower. Do we have to communicate the change to the DOL? And if yes, what will happen? Do we have to re-file? Thank you to everybody for all the info you can give me! Really!:(
TeddyKoochu
01-06 10:11 AM
Hey Teddy,
During you process for porting from EB3 to EB2 did you:
1. Do this within the same organization after getting your advanced degree?
2. Did you have to file for a new PERM and start from the begineeing under EB2?
3. Were you successfully able to port your PD or did you start with a new PD under EB2?
Hi Harry mine was an EB2 case to begin with, no porting. Only this is my timing was not correct and I missed the Jul 07 window, the labor filing took way too long. So kind of in the same boat as you, trying to find legal avenues to upgrade to EB1. Let�s wait for some advice to come by. Looking at your case as well I believe that EB1-A is the only option.
During you process for porting from EB3 to EB2 did you:
1. Do this within the same organization after getting your advanced degree?
2. Did you have to file for a new PERM and start from the begineeing under EB2?
3. Were you successfully able to port your PD or did you start with a new PD under EB2?
Hi Harry mine was an EB2 case to begin with, no porting. Only this is my timing was not correct and I missed the Jul 07 window, the labor filing took way too long. So kind of in the same boat as you, trying to find legal avenues to upgrade to EB1. Let�s wait for some advice to come by. Looking at your case as well I believe that EB1-A is the only option.
sree_99
02-01 07:11 PM
Sorry, if this is already discussed mutiple times. I was not able to find any Info.
My Wife needs to travel to India urgently. She is currently on F1 Visa and has EAD and Advance Parole.
While Coming back is it required to use AP or can she come back on F1. Please help me with some info or pointers to exisitng threads discussing this are greatly appreciated
Thanks,
-Sree
My Wife needs to travel to India urgently. She is currently on F1 Visa and has EAD and Advance Parole.
While Coming back is it required to use AP or can she come back on F1. Please help me with some info or pointers to exisitng threads discussing this are greatly appreciated
Thanks,
-Sree
more...
sunny1000
06-11 05:35 PM
Is there reason you say that I cannot port the PD ...? Please explain.
Arun
I should have been clearer in my post. I meant the I-140 itself and not the PD. Please ignore mine as there are better answers. Thanks.
Arun
I should have been clearer in my post. I meant the I-140 itself and not the PD. Please ignore mine as there are better answers. Thanks.
aamchimumbai
12-08 12:16 PM
Vik352,
I am in the same situation as yours. I am assuming that this is your first AP application and not renewal, right?
In my case, I am on H1 and my wife is on H4. For both, visa is NOT stamped in our passports. We received a letter from NSC saying that both our AP applications were approved on 10/21/08. I received my approved AP application but we never received hers. We followed up with the NSC and local USCIS office both confirmed that our application were approved. Therefore, she left US to visit India on 11/15/08. Two days later after her departure we received RFE on photos. Weird. Anyways. We did respond her RFE few days ago.
But now the question is can she return with her approved AP, which may have a later date than her departure OR we need to go for H1/H4 stamping. I am not sure what will happen at the POE when we show up with our APs.
Anyone in similar situation?
Thanks.
My wife is not H4, she is working on EAD and we applied her I-485 last July. She has to travel to India for an emegency. We applied for AP last month, have the receipt but it is not approved. Is it okay if she travels to India without AP approval? I will be here and I can take her approved AP when I go there after two months.
I heard that if she travels without AP, her I-485 is considered abonded. Is this true? Can we apply for her H4 (as I am still on H1). Any advice on how to get her back?
Thanks!
I am in the same situation as yours. I am assuming that this is your first AP application and not renewal, right?
In my case, I am on H1 and my wife is on H4. For both, visa is NOT stamped in our passports. We received a letter from NSC saying that both our AP applications were approved on 10/21/08. I received my approved AP application but we never received hers. We followed up with the NSC and local USCIS office both confirmed that our application were approved. Therefore, she left US to visit India on 11/15/08. Two days later after her departure we received RFE on photos. Weird. Anyways. We did respond her RFE few days ago.
But now the question is can she return with her approved AP, which may have a later date than her departure OR we need to go for H1/H4 stamping. I am not sure what will happen at the POE when we show up with our APs.
Anyone in similar situation?
Thanks.
My wife is not H4, she is working on EAD and we applied her I-485 last July. She has to travel to India for an emegency. We applied for AP last month, have the receipt but it is not approved. Is it okay if she travels to India without AP approval? I will be here and I can take her approved AP when I go there after two months.
I heard that if she travels without AP, her I-485 is considered abonded. Is this true? Can we apply for her H4 (as I am still on H1). Any advice on how to get her back?
Thanks!
more...
ebizash
11-10 04:39 PM
Finished the survey
desi3933
07-20 04:53 PM
I and my spouse both have green card. We have a kid who was born in INDIA. He has not visited USA till now. The kid is about 2 years.
We are planning to bring the kid by end of this year to USA.
So what visa should we apply for him we are not sure :confused:
A friend told that he had a baby born to him in india and came to usa with in the 1st 6 month to USA and since both parents were having green card, at port of entry in USA, the kid also got greencard for 5 years this was couple of years back.
But in my case, the kid is 2 years AND also not sure what is the procedure now. Is it still true by default the kids automatically gets the green card at port of entry (Is there any age limit I hope may be till < 13 yrs) if parents posses valid green card. Please help me in this situation.
Thanks in advance, ;)
Suject to certain conditions, children born abroad to permanent resident mothers are permanent residents. The requirements are that such a child must be brought to the U.S. on the mother's first return trip, and this trip must occur before the child is two years of age. I think, the child in this situation does not need a visa. Please check with your lawyer.
The necessary paperwork is processed at the port of entry, based on the mother's permanent resident status and birth certificate for the child.
____________________
Not a legal advice.
We are planning to bring the kid by end of this year to USA.
So what visa should we apply for him we are not sure :confused:
A friend told that he had a baby born to him in india and came to usa with in the 1st 6 month to USA and since both parents were having green card, at port of entry in USA, the kid also got greencard for 5 years this was couple of years back.
But in my case, the kid is 2 years AND also not sure what is the procedure now. Is it still true by default the kids automatically gets the green card at port of entry (Is there any age limit I hope may be till < 13 yrs) if parents posses valid green card. Please help me in this situation.
Thanks in advance, ;)
Suject to certain conditions, children born abroad to permanent resident mothers are permanent residents. The requirements are that such a child must be brought to the U.S. on the mother's first return trip, and this trip must occur before the child is two years of age. I think, the child in this situation does not need a visa. Please check with your lawyer.
The necessary paperwork is processed at the port of entry, based on the mother's permanent resident status and birth certificate for the child.
____________________
Not a legal advice.
more...
mmandal
06-08 12:18 PM
Chanduv23 wrong on both counts:
"For those who do not care about families - tearing families is the worst thing that can ever happen and if you are on that side, you will understand the pain."
No one is "tearing families." Restricts family immigration to just spouses and children under 21. No more uncles, aunts, nephews and nieces. If people want to come they need to on their merits. Think about LPRs who have to wait years on end to even get their spouses in.
"And for those who think CIR failed which is good for us - just think about the 12 million illegals and walk in their shoes - what goes through them - CIR is their only hope."
No one said CIR failing was good for us because it provided relief for illegals. No jealousy here sir. We wanted CIR to fail because in 'saving' illegals it screwed us. If the illegals took a risk in breaking the law its their burden to bear. Moreover, asking the basic question of why illegals and why not legals should be a part of debate. I believe, our interest is best served by strongly differentiating ourselves from the illegals. Lets do without the socialism.
"For those who do not care about families - tearing families is the worst thing that can ever happen and if you are on that side, you will understand the pain."
No one is "tearing families." Restricts family immigration to just spouses and children under 21. No more uncles, aunts, nephews and nieces. If people want to come they need to on their merits. Think about LPRs who have to wait years on end to even get their spouses in.
"And for those who think CIR failed which is good for us - just think about the 12 million illegals and walk in their shoes - what goes through them - CIR is their only hope."
No one said CIR failing was good for us because it provided relief for illegals. No jealousy here sir. We wanted CIR to fail because in 'saving' illegals it screwed us. If the illegals took a risk in breaking the law its their burden to bear. Moreover, asking the basic question of why illegals and why not legals should be a part of debate. I believe, our interest is best served by strongly differentiating ourselves from the illegals. Lets do without the socialism.
cram
09-21 10:21 PM
I have a pending I-485 application (EB-3) and effective Oct 1, my PD will be current. My application has been pending for more than six months already so I will be covered by AC21. I never worked for my sponsoring employer but will be as soon as I get my GC.
I have a feeling that my green card is just around the corner. Spoke to my employer yesterday about my employment with them and it looks like they are changing their minds about hiring me.
I am so worried. Anybody in the same situation? What do I do? Will I lose the green card?
I have a feeling that my green card is just around the corner. Spoke to my employer yesterday about my employment with them and it looks like they are changing their minds about hiring me.
I am so worried. Anybody in the same situation? What do I do? Will I lose the green card?
more...
desi3933
02-26 06:04 PM
Original LCA salary is like 58k and current one is 40k
Odd are that you are out of status and this may prevent you seeking another change of status.
Please consult your attorney.
_________________
Not a legal advice.
Odd are that you are out of status and this may prevent you seeking another change of status.
Please consult your attorney.
_________________
Not a legal advice.
minimalist
04-17 01:35 PM
you should have been OK to go out and get back in, assuming you get the Visa. Probably you can do the same even now, if you do get the Visa.
I know one person who was working on OPT and their employer filed for h1. She continued to work while waiting for USCIS approval even though the OPT expired.
Finally when she did get the decision on h1 that it has been denied, she consulted a lawyer, on their advise, left the country immediately and got back in on H4. However, it was less than 180 days since her OPT expired.
I am not sure how the o1 works or if this info may be relevant to you.
Hello,
Thanks a lot for your answers.
Despite the situation sounds illegal and I agree it is - I didn't wanted to make something illegal and was just waiting for my employer to fill the papers.
I am as well what they call a skilled worker, I basically get a o1 visa to work as manager for a big company and I don't give a fuck - but yeah I get another job offer and didn't waited to have the new visa to start. You know sometimes you can take bad decisions, people can tell you things which never happen, and that's unfortunately how life is.
Last week I get another job offer, it's real and not illegal - I worked a lot to get this offer and spent so much time working hard instead to have fun.
I am currently filling a new o1 with a lawyer and plan anyway to leave the US asap. Maybe I will never have this visa and will probably be bar for 3 years but I really need to try to make everything possible.
When I get the first job offer in the US - I was working as manager in Europe, and everything was pretty fine. I accepted this job, sold and gave all the stuff I owned to come here, in the United States, to work. Today I have no apartment or place to live in my country and I know as well that when you get a non immigrant visa you are supposed to can get back to your country easily but it's like hard to keep 2 rent and 2 places.
I will be very grateful if you can give me your point of view about my case and share your experiences.
Thanks a lot
I know one person who was working on OPT and their employer filed for h1. She continued to work while waiting for USCIS approval even though the OPT expired.
Finally when she did get the decision on h1 that it has been denied, she consulted a lawyer, on their advise, left the country immediately and got back in on H4. However, it was less than 180 days since her OPT expired.
I am not sure how the o1 works or if this info may be relevant to you.
Hello,
Thanks a lot for your answers.
Despite the situation sounds illegal and I agree it is - I didn't wanted to make something illegal and was just waiting for my employer to fill the papers.
I am as well what they call a skilled worker, I basically get a o1 visa to work as manager for a big company and I don't give a fuck - but yeah I get another job offer and didn't waited to have the new visa to start. You know sometimes you can take bad decisions, people can tell you things which never happen, and that's unfortunately how life is.
Last week I get another job offer, it's real and not illegal - I worked a lot to get this offer and spent so much time working hard instead to have fun.
I am currently filling a new o1 with a lawyer and plan anyway to leave the US asap. Maybe I will never have this visa and will probably be bar for 3 years but I really need to try to make everything possible.
When I get the first job offer in the US - I was working as manager in Europe, and everything was pretty fine. I accepted this job, sold and gave all the stuff I owned to come here, in the United States, to work. Today I have no apartment or place to live in my country and I know as well that when you get a non immigrant visa you are supposed to can get back to your country easily but it's like hard to keep 2 rent and 2 places.
I will be very grateful if you can give me your point of view about my case and share your experiences.
Thanks a lot
more...
jfredr
06-12 10:24 AM
CIR has got nothing to do with ur visa at this point. this is my idea. better take our seniors advice here at IV
gc_check
06-26 03:23 PM
trying go get an answer if any one can give some insight?
Consult with you Attorney first, as this is a very rare scenario for any one to answer in the forum. Also see if you can get this addresses when you go for the actual FP, Try to carry all the documents, Passport, Driver's License, etc and the copy of the I-485/ I-765 etc where you have the correct names.
Attorney is the best source of information in this scenario. Also call USCIS and request them what needs to be done in this case. Also you can get a InfoPASS appointment and get this corrected.
Consult with you Attorney first, as this is a very rare scenario for any one to answer in the forum. Also see if you can get this addresses when you go for the actual FP, Try to carry all the documents, Passport, Driver's License, etc and the copy of the I-485/ I-765 etc where you have the correct names.
Attorney is the best source of information in this scenario. Also call USCIS and request them what needs to be done in this case. Also you can get a InfoPASS appointment and get this corrected.
more...
pdakwala
03-01 08:04 PM
Support IV now or else start packing bags. There are few things that you can do and that is not difficult.
1. Become member of IV
2. Support them by contributing money.
3. Support them by taking part in conference call and meet the lawmakers.
You can do it. By the way stop giving others BS that
1. We are on H1B and so no one will hear us.
2. Is it legal or illlegal to contributing money.
These are nothing but just excuseS. In reallity you don't have guts and faith in yourself.
1. Become member of IV
2. Support them by contributing money.
3. Support them by taking part in conference call and meet the lawmakers.
You can do it. By the way stop giving others BS that
1. We are on H1B and so no one will hear us.
2. Is it legal or illlegal to contributing money.
These are nothing but just excuseS. In reallity you don't have guts and faith in yourself.
FrankZulu
08-12 04:26 PM
As my priority date is current I contacted my local congressman's office for help with my I-485. NSC replied back to the office (see reply below) saying my background checks are still on. But the officer at the infopass appointment said my backgrounds checks are complete. I don't know whom to believe.
Is this some kind of standard reply that USCIS is giving for Congressman's or Senators case status inquiry?
Good morning XXXXXXXXXXX,
Re: I-485s <Applicant Name>
I have conversed with those in charge of these cases.
The United States Citizenship and Immigration Services (USCIS) is
committed to adjudicating immigration benefits in a timely, efficient
manner that ensures public safety and national security.
Toward that end, USCIS requires extensive background checks for every
application or petition it adjudicates. While background checks for
most applications or petitions are completed quickly, a small percentage
of cases involve unresolved background check issues that result in
adjudication delays.
Background checks involve more than just the initial submission of and
response related to biographical information and fingerprints. When
checks and/or a review of an administrative record reveal an issue
potentially impacting an applicant's eligibility for the requested
immigration benefit, further inquiry is needed. The inquiry may include
an additional interview and/or the need to contact another agency for
updates or more comprehensive information. If it is determined that an
outside agency possesses relevant information about a case, USCIS
requests such information for review. Upon gathering and assessing all
available information, USCIS then adjudicates the application as
expeditiously as possible.
We have checked into your constituent's case and have been assured that
the agency is aware of your inquiry, and is monitoring progress related
to it. However, unresolved issues in your constituent's case require
thorough review before a decision can be rendered. Unfortunately, we
cannot speculate as to when this review process will be completed.
We realize that your constituent may feel frustrated by delays related
to his or her case. As an agency, we must weigh individual
inconvenience against the broader concerns of public safety and national
security.
We hope this information and assurance are helpful. If we may be of
assistance in the future, please let us know.
I hope this information is helpful to you. At this time I am closing the
inquiry on this matter.
Thank you,
<Officer Name>
Immigration Services Officer
NSC Congressional Unit
I have tried multiple sources and following is the response:
* SR (july 19th): No response Yet
* IO Inquiry (2nd Level, multiple times): You are pre-adjudicated. Officer will review/in review.
* Congressmen: I am in the queue to be processed (File will be picked through electronic sweep :confused:).
* Senator: Background check being conducted. (No written response yet, just was updated on phone by the senators office).
* InfoPass (3 months back): Your application is pre-adju. and will be approved once visa is available.
To all who have experienced something similar, how can I confirm if my application is really going through background check??? Or should I give it more time?
Is this some kind of standard reply that USCIS is giving for Congressman's or Senators case status inquiry?
Good morning XXXXXXXXXXX,
Re: I-485s <Applicant Name>
I have conversed with those in charge of these cases.
The United States Citizenship and Immigration Services (USCIS) is
committed to adjudicating immigration benefits in a timely, efficient
manner that ensures public safety and national security.
Toward that end, USCIS requires extensive background checks for every
application or petition it adjudicates. While background checks for
most applications or petitions are completed quickly, a small percentage
of cases involve unresolved background check issues that result in
adjudication delays.
Background checks involve more than just the initial submission of and
response related to biographical information and fingerprints. When
checks and/or a review of an administrative record reveal an issue
potentially impacting an applicant's eligibility for the requested
immigration benefit, further inquiry is needed. The inquiry may include
an additional interview and/or the need to contact another agency for
updates or more comprehensive information. If it is determined that an
outside agency possesses relevant information about a case, USCIS
requests such information for review. Upon gathering and assessing all
available information, USCIS then adjudicates the application as
expeditiously as possible.
We have checked into your constituent's case and have been assured that
the agency is aware of your inquiry, and is monitoring progress related
to it. However, unresolved issues in your constituent's case require
thorough review before a decision can be rendered. Unfortunately, we
cannot speculate as to when this review process will be completed.
We realize that your constituent may feel frustrated by delays related
to his or her case. As an agency, we must weigh individual
inconvenience against the broader concerns of public safety and national
security.
We hope this information and assurance are helpful. If we may be of
assistance in the future, please let us know.
I hope this information is helpful to you. At this time I am closing the
inquiry on this matter.
Thank you,
<Officer Name>
Immigration Services Officer
NSC Congressional Unit
I have tried multiple sources and following is the response:
* SR (july 19th): No response Yet
* IO Inquiry (2nd Level, multiple times): You are pre-adjudicated. Officer will review/in review.
* Congressmen: I am in the queue to be processed (File will be picked through electronic sweep :confused:).
* Senator: Background check being conducted. (No written response yet, just was updated on phone by the senators office).
* InfoPass (3 months back): Your application is pre-adju. and will be approved once visa is available.
To all who have experienced something similar, how can I confirm if my application is really going through background check??? Or should I give it more time?
more...
quizzer
10-16 09:10 PM
Any EB2 folks with RD prior to Jan 2007 still waiting for approvals?
raju123
05-15 10:45 AM
^^^^^ Please vote here
Only 215 votes for EB2 India?
Assuming an equal number for EB3 India, EB2 China, and EB3 China, we have a total of 856 people who have applied for PD?
We have more than 8000 members, so are we to assume the 7000 and odd members are ROW?
Something doesn't add up.
Can ROW people please have a poll for yourselves?
Only 215 votes for EB2 India?
Assuming an equal number for EB3 India, EB2 China, and EB3 China, we have a total of 856 people who have applied for PD?
We have more than 8000 members, so are we to assume the 7000 and odd members are ROW?
Something doesn't add up.
Can ROW people please have a poll for yourselves?
corleone
03-19 11:19 AM
On the Senators,
We tried them twice - they are useless.
We tried them twice - they are useless.
dealsnet
02-26 01:22 PM
Don't answer to this person. He is started many threads and make funny questions. He is wasting our time. All contradition. See some of his postings below. One question he talks about receiving GC posted to his parents. Another talks about his sister. Admin................Please take care of this guy.!!!!!!!!!
Originally Posted by nirdlalegcade
yes that's right, what if my sister recieved my GC by mail here in the US while I'm outside the country.. I am planning to use my h4 visa to go out of US..
Today, 01:37 PM
nirdlalegcade
Junior Member Join Date: Jan 2008
Posts: 15
what if
________________________________________
what if my I-485 is July 20, 2007 (it is processing), how long will it take before they can send my GC to me?
01-20 05:08 PM
nirdlalegcade
Junior Member Join Date: Jan 2008
Posts: 15
leaving US without greencard but has H4 visa.
________________________________________
Hi to all. (questions are in BOLD, RED / GREEN words)
Actually, I don't have any idea on this but I just want to ask if I can leave & go back to the US with just my H4 visa? Cause I'm still waiting for my green card cause it's still in process.
My parents are here in the US and the reason why I want to go back to my country is because I want to continue my studies there.
Another question is:
If I go back in my country with just the H4, what if while I'm in my country and my green card is sent in my parents (in US), Can they just send the green card to me and use it if I go back to US?
PLEASE HELP ME.
I appreciate any help. Thank you.
cause i'm kinda desperate. he-he-he.
________________________________________
Last edited by nirdlalegcade : 01-20-2008 at 05:41 PM.
what if my I-485 is July 20, 2007 (it is processing), how long will it take before they can send my GC to me?
Originally Posted by nirdlalegcade
yes that's right, what if my sister recieved my GC by mail here in the US while I'm outside the country.. I am planning to use my h4 visa to go out of US..
Today, 01:37 PM
nirdlalegcade
Junior Member Join Date: Jan 2008
Posts: 15
what if
________________________________________
what if my I-485 is July 20, 2007 (it is processing), how long will it take before they can send my GC to me?
01-20 05:08 PM
nirdlalegcade
Junior Member Join Date: Jan 2008
Posts: 15
leaving US without greencard but has H4 visa.
________________________________________
Hi to all. (questions are in BOLD, RED / GREEN words)
Actually, I don't have any idea on this but I just want to ask if I can leave & go back to the US with just my H4 visa? Cause I'm still waiting for my green card cause it's still in process.
My parents are here in the US and the reason why I want to go back to my country is because I want to continue my studies there.
Another question is:
If I go back in my country with just the H4, what if while I'm in my country and my green card is sent in my parents (in US), Can they just send the green card to me and use it if I go back to US?
PLEASE HELP ME.
I appreciate any help. Thank you.
cause i'm kinda desperate. he-he-he.
________________________________________
Last edited by nirdlalegcade : 01-20-2008 at 05:41 PM.
what if my I-485 is July 20, 2007 (it is processing), how long will it take before they can send my GC to me?
srikondoji
01-28 04:38 PM
I don't think Americans are that short sighted or narrow minded to want to steal your social security money. I know, i read a lot of press releases on how their social security is in a mess. They will fix it. I have no doubt about it.
Who thought India would be in such a limelight and then go on to be economic power before year 2000?
In a short span of 6-7 years the whole world changed. Coming to social security, by the time you will be in need of Social security, it will be decades and that is lot of time for a change. Who knows, we may be even taking a flight to Mars or worse 'nuked'.
Just be positive and drink a high gravity beer.
Yeah right... he wants your brain, but does not want your body. Got it? :rolleyes:
In case you did not, Americans only want you to come to work for them and then you will need to leave... so that they do not have to pay your social security down the road. Isn't that a good deal?
Who thought India would be in such a limelight and then go on to be economic power before year 2000?
In a short span of 6-7 years the whole world changed. Coming to social security, by the time you will be in need of Social security, it will be decades and that is lot of time for a change. Who knows, we may be even taking a flight to Mars or worse 'nuked'.
Just be positive and drink a high gravity beer.
Yeah right... he wants your brain, but does not want your body. Got it? :rolleyes:
In case you did not, Americans only want you to come to work for them and then you will need to leave... so that they do not have to pay your social security down the road. Isn't that a good deal?
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