gcformeornot
12-31 12:54 PM
vote
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akhilmahajan
08-27 10:00 AM
This depends ona lot of things.
But ppl with in USA applying for PR has been getting from 12 - 18 months.
If you are applying for Quebec, then its more faster.
The best thing to make sure that your applications moves faster is make sure that u submit all the paper work they request. Get the things in place when you apply. It is very easy to do it yourself.
Just follow the instructions and they tell you what all kind of paper work is needed.
But ppl with in USA applying for PR has been getting from 12 - 18 months.
If you are applying for Quebec, then its more faster.
The best thing to make sure that your applications moves faster is make sure that u submit all the paper work they request. Get the things in place when you apply. It is very easy to do it yourself.
Just follow the instructions and they tell you what all kind of paper work is needed.
goel_ar
11-18 02:21 PM
Hi All,
My wife's H1B petition was approved in June 2008 with H1B valid from Oct 01, 2008. She applied for SSN on October Ist - But till date, Nov 18, 2008, SSN office is saying they are not able to pull her information from INS.
SSN office is keep saying come back after Dec 31st(12 weeks from October Ist). On the other hand, employer wants her to start working asap; she can't start until she gets a SSN.
Any suggestions, if there is anyway to follow up or expedite the process to get SSN?
Thanks in advance,
AG
My wife's H1B petition was approved in June 2008 with H1B valid from Oct 01, 2008. She applied for SSN on October Ist - But till date, Nov 18, 2008, SSN office is saying they are not able to pull her information from INS.
SSN office is keep saying come back after Dec 31st(12 weeks from October Ist). On the other hand, employer wants her to start working asap; she can't start until she gets a SSN.
Any suggestions, if there is anyway to follow up or expedite the process to get SSN?
Thanks in advance,
AG
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IVfan08
12-16 02:11 PM
Just got mine renewed in Jersey City, NJ using my EAD without issue.
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acecupid
08-19 09:38 PM
If you renew your passport in US it takes approx 5-6 working days. I have done that at san francisco indian consulate. In India it may take weeks or even more than a month unless you have some connections. You know how things work in India...
I dont think you should have problems even at POE with passport expiring less than 6 months. I would suggest try to renew it in US if you have time or dont renew it at all till you come back to US. Trying to do it in India might cause delays.
I dont think you should have problems even at POE with passport expiring less than 6 months. I would suggest try to renew it in US if you have time or dont renew it at all till you come back to US. Trying to do it in India might cause delays.
snathan
02-17 08:03 PM
I am working in US from Feb 2007 to till date. I was on H1-B visa This H1-B petition is valid till 30 sep,2009. I am currently on project which ends on 31 March 2009 . Before that I want to change my employer .
Some ppl suggested me Transfer H1 with extention immediately. Some said that stay with current employer have extention and then transfer .
Is there any problem now a days for H1 Transfers ?
Please give me your valuable suggestions.
Thanks...
If you have all the papers in place and never be out of status, you can do tranfer now itself. If everything is in place, still if you get REF...its out of luck. In that case you might get RFE in extension also.
If fact you can do the transfer and extension at the same time. I did file in couple of weeks gape and both got approved.
Some ppl suggested me Transfer H1 with extention immediately. Some said that stay with current employer have extention and then transfer .
Is there any problem now a days for H1 Transfers ?
Please give me your valuable suggestions.
Thanks...
If you have all the papers in place and never be out of status, you can do tranfer now itself. If everything is in place, still if you get REF...its out of luck. In that case you might get RFE in extension also.
If fact you can do the transfer and extension at the same time. I did file in couple of weeks gape and both got approved.
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enqueued
12-15 08:43 AM
Hong
Your post says there was a mistake with the petition letter. Is it just the letter or in I-129? Check the copy of form I-129 and LCA. If the information in them are correct along with I-797 then you are good. If the mistake is only in the covering letter for the petition then I do not think it is a problem. When you go for stamping you have to submit onl I-797, I-129 and LCA.
If I-129 is wrong then you have to resubmit the application with USCIS. It is not correct to appear for H1 stamping with incorrect I-129.
Thanks
Your post says there was a mistake with the petition letter. Is it just the letter or in I-129? Check the copy of form I-129 and LCA. If the information in them are correct along with I-797 then you are good. If the mistake is only in the covering letter for the petition then I do not think it is a problem. When you go for stamping you have to submit onl I-797, I-129 and LCA.
If I-129 is wrong then you have to resubmit the application with USCIS. It is not correct to appear for H1 stamping with incorrect I-129.
Thanks
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LostInGCProcess
06-17 04:04 PM
Hello,
While I understand that there is legal limit on number of times AC21 can be invoked assuming it for similar job transfer, but I was wondering if some one on this forum has changed job multiple times after 180 days of 485 filing.
My husband recently changed companies for same job profile after 180 days of filing 485 and having I140 approved, but now job is not what he initially expected (in fact lot different in terms of work and responsibility) , so he is now on lookout for another change in same profile.
His title in both jobs is Sr Software Engineer.
He is the primary applicant, and has 3 three years of H1-B extension. Is there any chances for RFE? His lawyer at current company did send AC21 letter to USCIS.
Also, my understanding is that: AC 21 need not be "INVOKED". Its "AUTOMATIC"...its a law, in place. I have seen so many threads here using the wrong terminology when it comes to AC 21. It is absolutely not necessary to (so called) "invoke" AC21. When you move to a different place you have to file AR-11 form and send it to USCIS...thats all you got to do. AC21 is automatically take care of.
Just my 1 cent :D
*Disclaimer*
I am not an attorney. Please take advice from an attorney. :cool:
While I understand that there is legal limit on number of times AC21 can be invoked assuming it for similar job transfer, but I was wondering if some one on this forum has changed job multiple times after 180 days of 485 filing.
My husband recently changed companies for same job profile after 180 days of filing 485 and having I140 approved, but now job is not what he initially expected (in fact lot different in terms of work and responsibility) , so he is now on lookout for another change in same profile.
His title in both jobs is Sr Software Engineer.
He is the primary applicant, and has 3 three years of H1-B extension. Is there any chances for RFE? His lawyer at current company did send AC21 letter to USCIS.
Also, my understanding is that: AC 21 need not be "INVOKED". Its "AUTOMATIC"...its a law, in place. I have seen so many threads here using the wrong terminology when it comes to AC 21. It is absolutely not necessary to (so called) "invoke" AC21. When you move to a different place you have to file AR-11 form and send it to USCIS...thats all you got to do. AC21 is automatically take care of.
Just my 1 cent :D
*Disclaimer*
I am not an attorney. Please take advice from an attorney. :cool:
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indianabacklog
12-04 06:50 PM
A wife of one of my colleagues got her green card through marriage. They have now been married for over eight years and she simply visits at least once a year and on at least three occasions has only visited for a weekend.
This gives you a good idea how little time you have to be here without losing your permanent residency.
I also know of a research fellow who I used to work with. Has had his green card for almost twenty years and in that entire time has only visited for one conference each year and then for at most five days.
If you want to progress to become a citizen this sort of arrangement will not work obviously but if you simply want to retain your green card it would appear to be remarkably easy.
This gives you a good idea how little time you have to be here without losing your permanent residency.
I also know of a research fellow who I used to work with. Has had his green card for almost twenty years and in that entire time has only visited for one conference each year and then for at most five days.
If you want to progress to become a citizen this sort of arrangement will not work obviously but if you simply want to retain your green card it would appear to be remarkably easy.
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lostinbeta
10-21 01:35 AM
Wow, very interesting. I have never heard of that before.
Well where I was thinking falls in those rules, according to that grid, it was #2.
Like I said though, put it where you want... don't mind me...just blurting stuff out.
Well where I was thinking falls in those rules, according to that grid, it was #2.
Like I said though, put it where you want... don't mind me...just blurting stuff out.
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perm2gc
11-08 07:57 PM
SUMMARY OF PROVISIONS FOR EXTENDING H-1B VISA STATUS
PAST THE PERMISSIBLE 6 YEARS OF H-1B STAY
________________________________________
1. AC21 104 (c) - Approved I-140 Petition = Extension of H-1B Visa Status in 3 Year Increments.
� Under Section 104 (c) of AC21, the beneficiary of an approved I-140 who is prevented from filing an adjustment of status application due to application of worldwide OR per-country limitations may be granted an extension of H-1B visa status in 3 year increments pending eligibility to apply for adjustment of status.
� There is no requirement that the foreign citizen have a Labor Certification or immigrant visa petition pending for one full year prior to the expiration of the foreign citizen's 6th year of H-1B visa status.
� However, there MUST be an approved I-140 to access this benefit.
� This benefit does not apply to dependents who have reached 21.
2. AC21 106 (a) - Pending Labor Certification or
Employment Based Immigrant Visa Petition = Extension of H-1B Visa Status for 1 Year.
� Section 106 (a) of AC21 permits H-1B non-immigrants to obtain an extension of H-1B visa status beyond the 6-year maximum period, when:
(a) 365 days or more have passed since the filing of any application for labor certification, Form ETA 750, that is required or used by the foreign citizen to obtain status as an EB immigrant; or
(b) 365 days or more have passed since the filing of an EB immigrant visa petition.
� Extensions may only be granted in one-year increments, but may be requested on a single (combined) extension request for any remaining time left in the initial 6-year period.
� Must establish that the above criteria were or will be met either on or before the requested start date on the H-1B extension application.
� Thus, a foreign citizen is eligible for an extension of H-1B visa status beyond the 6th year as long as either the qualifying labor certification application or I-140 immigrant petition has or will have been pending for at least 365 days prior to the foreign citizen�s requested start date, regardless of whether the H-1B extension application was filed prior to the passage of such period.
� If the foreign citizen would no longer be in H-1B status at the time that 365 days from the filing of the labor certification application or immigrant petition has run, thus leaving a gap in valid status, then the extension of stay request cannot be granted.
� A request for an H-1B extension beyond the 6-year limit should not be denied on the sole basis that an I-140 petition has not yet been filed.
Are you advertising your Law Office on the message board...????
PAST THE PERMISSIBLE 6 YEARS OF H-1B STAY
________________________________________
1. AC21 104 (c) - Approved I-140 Petition = Extension of H-1B Visa Status in 3 Year Increments.
� Under Section 104 (c) of AC21, the beneficiary of an approved I-140 who is prevented from filing an adjustment of status application due to application of worldwide OR per-country limitations may be granted an extension of H-1B visa status in 3 year increments pending eligibility to apply for adjustment of status.
� There is no requirement that the foreign citizen have a Labor Certification or immigrant visa petition pending for one full year prior to the expiration of the foreign citizen's 6th year of H-1B visa status.
� However, there MUST be an approved I-140 to access this benefit.
� This benefit does not apply to dependents who have reached 21.
2. AC21 106 (a) - Pending Labor Certification or
Employment Based Immigrant Visa Petition = Extension of H-1B Visa Status for 1 Year.
� Section 106 (a) of AC21 permits H-1B non-immigrants to obtain an extension of H-1B visa status beyond the 6-year maximum period, when:
(a) 365 days or more have passed since the filing of any application for labor certification, Form ETA 750, that is required or used by the foreign citizen to obtain status as an EB immigrant; or
(b) 365 days or more have passed since the filing of an EB immigrant visa petition.
� Extensions may only be granted in one-year increments, but may be requested on a single (combined) extension request for any remaining time left in the initial 6-year period.
� Must establish that the above criteria were or will be met either on or before the requested start date on the H-1B extension application.
� Thus, a foreign citizen is eligible for an extension of H-1B visa status beyond the 6th year as long as either the qualifying labor certification application or I-140 immigrant petition has or will have been pending for at least 365 days prior to the foreign citizen�s requested start date, regardless of whether the H-1B extension application was filed prior to the passage of such period.
� If the foreign citizen would no longer be in H-1B status at the time that 365 days from the filing of the labor certification application or immigrant petition has run, thus leaving a gap in valid status, then the extension of stay request cannot be granted.
� A request for an H-1B extension beyond the 6-year limit should not be denied on the sole basis that an I-140 petition has not yet been filed.
Are you advertising your Law Office on the message board...????
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gcwanter
07-26 01:35 PM
It depends on if you filed the application yourself or thru lawyer authorizing them with a G28
- if thru lawyer they will receive all receipts except EAD cards which comes directly to ur home address. In that case you will be safe because the receipts and EAD cards will be easily spaced out by atleast 6o days.(receipt coming first). So then you can update address with USCIS by phone + AR11 so that EAD comes safely to new address
- if not thru lawyer then receipts will come to address specified which might be your old address. USPS redirection does not work
- you can try these things
- approach postal office and check if you can buy a PO box and deposit all mail coming at old adress there and collect it weekly once.
Hold mail for next x days (whatever maximum)..and renew it once x expires..
also clearly check with them if the govt notifications which do not redirect will be held or PO'ed.
these are just my suggestions. not sure that it will work. but if you try any please post your experiences too
- if thru lawyer they will receive all receipts except EAD cards which comes directly to ur home address. In that case you will be safe because the receipts and EAD cards will be easily spaced out by atleast 6o days.(receipt coming first). So then you can update address with USCIS by phone + AR11 so that EAD comes safely to new address
- if not thru lawyer then receipts will come to address specified which might be your old address. USPS redirection does not work
- you can try these things
- approach postal office and check if you can buy a PO box and deposit all mail coming at old adress there and collect it weekly once.
Hold mail for next x days (whatever maximum)..and renew it once x expires..
also clearly check with them if the govt notifications which do not redirect will be held or PO'ed.
these are just my suggestions. not sure that it will work. but if you try any please post your experiences too
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rampaadh@hotmail.com
05-18 08:37 AM
I have received my Green card & My wifes green card during March. But I did not receive my daughter's (2 yrs old) green card even though it was approved
by Immigration on Feb 24th. I received welcome letter also during March.
When I called the USCIS helpdesk number, they said it was mailed to my address on Feb 28th and it might have been lost and I need to apply for I-90 to get replacement card.
There is no tracking number also. They also said my daughter can use valid AP to enter to USA.
Today I made an appointment through INFO PASS and talked to Immigration officer. He also said the same thing and also added that a Bio-metrics should be taken along with I-90 for my kid.
My daughter is currently in India and planning to come back on July4th. She has a valid advance parole till Jan 2012. But the officer told that she can not enter to USA with Advance parole since her GC was approved. He asked me to contact local US embassy to get some travel document so that she can travel.
I am confused now. Did anyone faced such situation ?
by Immigration on Feb 24th. I received welcome letter also during March.
When I called the USCIS helpdesk number, they said it was mailed to my address on Feb 28th and it might have been lost and I need to apply for I-90 to get replacement card.
There is no tracking number also. They also said my daughter can use valid AP to enter to USA.
Today I made an appointment through INFO PASS and talked to Immigration officer. He also said the same thing and also added that a Bio-metrics should be taken along with I-90 for my kid.
My daughter is currently in India and planning to come back on July4th. She has a valid advance parole till Jan 2012. But the officer told that she can not enter to USA with Advance parole since her GC was approved. He asked me to contact local US embassy to get some travel document so that she can travel.
I am confused now. Did anyone faced such situation ?
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drirshad
05-26 11:01 AM
McCain Talks CIR
New York Times reports that, at a round table of business leaders in California, Senator McCain said that comprehensive immigration reform should be a top priority for the next president.
http://thecaucus.blogs.nytimes.com/2008/05/22/mccain-says-immigration-reform-should-be-top-priority/
He said "Senator Kennedy and I tried very hard to get immigration reform, a comprehensive plan, through the Congress of the United States. It is a federal responsibility and because of our failure as a federal obligation, we're seeing all these various conflicts and problems throughout our nation as different towns, cities, counties, whatever they are, implement different policies and different programs which makes things even worse and even more confusing... I believe we have to secure our borders, and I think most Americans agree with that, because it's a matter of national security. But we must enact comprehensive immigration reform. We must make it a top agenda item if we
don't do it before, and we probably won't, a little straight talk, as of January 2009."
Source: ILW
New York Times reports that, at a round table of business leaders in California, Senator McCain said that comprehensive immigration reform should be a top priority for the next president.
http://thecaucus.blogs.nytimes.com/2008/05/22/mccain-says-immigration-reform-should-be-top-priority/
He said "Senator Kennedy and I tried very hard to get immigration reform, a comprehensive plan, through the Congress of the United States. It is a federal responsibility and because of our failure as a federal obligation, we're seeing all these various conflicts and problems throughout our nation as different towns, cities, counties, whatever they are, implement different policies and different programs which makes things even worse and even more confusing... I believe we have to secure our borders, and I think most Americans agree with that, because it's a matter of national security. But we must enact comprehensive immigration reform. We must make it a top agenda item if we
don't do it before, and we probably won't, a little straight talk, as of January 2009."
Source: ILW
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gc_lover
11-20 07:36 AM
I went to court in NJ to pay fine and get rid of points for red-light ticket. I reached there by 5 PM and was not able to get out by 9 PM, 4 hours of hell. It happened that way because people who had attorneys with them were given special treatment and they were able to leave court well before others.
Having a good attorney always makes difference. If you don't have attorney then you are not contributing money towards people who run the system, hence the different treatment.
Having a good attorney always makes difference. If you don't have attorney then you are not contributing money towards people who run the system, hence the different treatment.
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Hey Ram GC
04-08 10:11 AM
GCcube: How did you come to know that your NC / SC is cleared?
Did you call IO
( Question: If that is the case, your PD is current, are you/ or not eligible for 180 DAYS name check policy. there are cases being approved where PD is current, RD is not
Did you call IO
( Question: If that is the case, your PD is current, are you/ or not eligible for 180 DAYS name check policy. there are cases being approved where PD is current, RD is not
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raj2007
02-18 01:45 AM
All, Help me understand this.
If I look at this link below on # of immigrant visa's approved every year for for each country it shows the total for India (all category EB 1-5) as
06 -10.7k
05 -46K
04 - 39k
03 - 20k
02 - 41k
01 - 41k
Am I reading this right because this certainly is more than the country limit. Also the total # of visa's given seem to be more than the annual limit. I thought there were some 250k visas that were lost, were the limits higher during these years?
http://travel.state.gov/visa/frvi/statistics/statistics_1476.html
Under each link look for - Immigrant Visas Issued (by Foreign State Chargeability or Area of Birth): Fiscal Year 2006 (preliminary data)
The captured visa were available for all the categories regardless of country of birth. Therefore no country limit was there.
If I look at this link below on # of immigrant visa's approved every year for for each country it shows the total for India (all category EB 1-5) as
06 -10.7k
05 -46K
04 - 39k
03 - 20k
02 - 41k
01 - 41k
Am I reading this right because this certainly is more than the country limit. Also the total # of visa's given seem to be more than the annual limit. I thought there were some 250k visas that were lost, were the limits higher during these years?
http://travel.state.gov/visa/frvi/statistics/statistics_1476.html
Under each link look for - Immigrant Visas Issued (by Foreign State Chargeability or Area of Birth): Fiscal Year 2006 (preliminary data)
The captured visa were available for all the categories regardless of country of birth. Therefore no country limit was there.
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thomachan72
10-04 02:44 PM
I contribute just 2-4% as I don't get company match. Regardless if you get a match, I know some friends who prefer to put it in India/mother's fixed deposit accounts for 8-10% interest, or if you have a PF account still open its an option. Property prices there too may shoot up in some areas, giving a good return, while here they may stay stagnant for many years.
Some banks allow NRIs to trade stocks or mutual funds in India too.
The only reason for 401K is if you plan to retire here.
Liquidity is a big problem as you have to quit the company for withdrawal from 401K. Some 401Ks give you loan at 2-3% interest. Its kind of strange because its your own money.
What sort of PF acount? Is this only for Govt employees? or can an NRI deposit in some sort of public PF fund? I know PF gives almost 10% interest and it is tax free when cashed at retirement, right?
Some banks allow NRIs to trade stocks or mutual funds in India too.
The only reason for 401K is if you plan to retire here.
Liquidity is a big problem as you have to quit the company for withdrawal from 401K. Some 401Ks give you loan at 2-3% interest. Its kind of strange because its your own money.
What sort of PF acount? Is this only for Govt employees? or can an NRI deposit in some sort of public PF fund? I know PF gives almost 10% interest and it is tax free when cashed at retirement, right?
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masterji
07-21 08:17 PM
I am in H1 and filed for 485 and EAD, AP. Still have my H1B visa in my passport. Does getting EAD mean you are no more in H1? Or you really have to USE it to be out of H1.
paddy.
03-06 06:29 PM
I expect you all to vote for me. :evil:
I voted for mlkedave. :)
I voted for mlkedave. :)
tish
06-25 06:01 PM
Consult a lawyer.
I personally think putting your canadian vist as the last place of entry might not show up in records as no stamping took place and also the I94 part which is taken by the customs and sent to INS in kentucky did not happen in your case. So when USCIS checks u'r I94, all they will see is the date in 2000 when you came to US.
In your case since you jumped from F1 to H1B via OPT you might not have had any gaps in chaging status and USCIS did not ask you to leave the country for gettting the H1B stamped(Change of status was approved )
This situation of yours hinges on technicality and better talk to a lawyer.
what happens if the passport gets stamped and got a new I94 in the vancouver airport and no inspection after coming back to US.
what should we enter as last entry into us
I personally think putting your canadian vist as the last place of entry might not show up in records as no stamping took place and also the I94 part which is taken by the customs and sent to INS in kentucky did not happen in your case. So when USCIS checks u'r I94, all they will see is the date in 2000 when you came to US.
In your case since you jumped from F1 to H1B via OPT you might not have had any gaps in chaging status and USCIS did not ask you to leave the country for gettting the H1B stamped(Change of status was approved )
This situation of yours hinges on technicality and better talk to a lawyer.
what happens if the passport gets stamped and got a new I94 in the vancouver airport and no inspection after coming back to US.
what should we enter as last entry into us
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