PD_Dec2002
07-05 10:29 PM
This is a very basic question and I need answer on this as early as possible and guidance from you.
I came to this country in Dec 2001 on H1B Visa.
I never applied for green card since then.
Now on Dec1,2007 my H1B expires so I will have to go back to China.
If I file for green card at this point, will I be able to get the yearly extension for next few years till my GC comes?
Am I even eligible to do so?
Can I go to Canada and still work in USA (Since I live close to canadian border)?
With a name like "Savitri Bhave" why would you have to go back to China?!!!
Anyway, your best bet is to file PERM (takes 2-4 months) and go for premium processing of I-140 (if USCIS resumes PP), and apply for EAD through I-485 (if your PD is current). That way, you don't need to renew your H-1B, but can continue to work on EAD. But as you can see there are several "ifs" in this entire equation which no one can answer with 100% conviction.
Try talking to an attorney to see your options. If this doesn't work out, maybe you can leave the US for a year and reenter again. Of course, you will have to start your GC process then.
Thanks,
Jayant
I came to this country in Dec 2001 on H1B Visa.
I never applied for green card since then.
Now on Dec1,2007 my H1B expires so I will have to go back to China.
If I file for green card at this point, will I be able to get the yearly extension for next few years till my GC comes?
Am I even eligible to do so?
Can I go to Canada and still work in USA (Since I live close to canadian border)?
With a name like "Savitri Bhave" why would you have to go back to China?!!!
Anyway, your best bet is to file PERM (takes 2-4 months) and go for premium processing of I-140 (if USCIS resumes PP), and apply for EAD through I-485 (if your PD is current). That way, you don't need to renew your H-1B, but can continue to work on EAD. But as you can see there are several "ifs" in this entire equation which no one can answer with 100% conviction.
Try talking to an attorney to see your options. If this doesn't work out, maybe you can leave the US for a year and reenter again. Of course, you will have to start your GC process then.
Thanks,
Jayant
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jatinr
08-17 10:12 PM
And you will there with your friend...//wink.. correct.
USCIS will accept any applicaiton filed at a wrong service center uptil Aug 29th. If an applicant has not filed a form as per the direct filing instructions that became effective July 30th, still USCIS will accept any application filed at wrong locaiton as per their press release for direct filing that came sometime in June.
USCIS will accept any applicaiton filed at a wrong service center uptil Aug 29th. If an applicant has not filed a form as per the direct filing instructions that became effective July 30th, still USCIS will accept any application filed at wrong locaiton as per their press release for direct filing that came sometime in June.
kavita_abb
10-10 02:15 PM
Thank you very much for all your support. If they are able to transfer his visa, then I am suspecting that they will do fraud with me. Can I inform USCIS about our domestic problem ? If they receive any application about visa transfer. How can I know that ? I don't want my visa used by them at all.After that they can do anything with me. Please help. Thanks!
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immilaw
09-17 12:05 PM
Explain your comments more clearly - do you mean EB1 unused is not getting used by EB2 India/China? If so, this is a matter of grave concern, and yes, we need to find out more information on this. We have to wait till DOS publishes Visa number usage this year. All EB1 and EB2 numbers should be used by over-subscribed countries in those categories and by no means by EB3.
Find out/research as much as you can on this - we need to understand what is going on.
I will in the next few days and will let everybody on the forum know. As I said my knowledge is based on the information from this form and from immigrationportal.com. I will read the section thoroughly, I think it is Sec 201 of INA and will also try to get the information from other sources.
Find out/research as much as you can on this - we need to understand what is going on.
I will in the next few days and will let everybody on the forum know. As I said my knowledge is based on the information from this form and from immigrationportal.com. I will read the section thoroughly, I think it is Sec 201 of INA and will also try to get the information from other sources.
more...
Lydia
06-18 11:26 AM
perm2gc,
Thank you for ur suggestion... I am planning to reply to my RFE stating the same(employer denying with his and company details) and additionally another coworker of the same company reference letter.
Thank you for ur suggestion... I am planning to reply to my RFE stating the same(employer denying with his and company details) and additionally another coworker of the same company reference letter.
Eternal_Hope
06-15 04:44 PM
????
The only problem I forsee is that some people think that F-1/OPT is not a dual-intent visa, i.e., one gets a student visa upon expressing their intention of not immigrating. Therefore going from F-1 to H-1B to Green card is the more preferred route. However, some people feel that as a dependent going from F-1 to Green Card is fine.
Hoepfully, others may have a better understanding on this than me.
The only problem I forsee is that some people think that F-1/OPT is not a dual-intent visa, i.e., one gets a student visa upon expressing their intention of not immigrating. Therefore going from F-1 to H-1B to Green card is the more preferred route. However, some people feel that as a dependent going from F-1 to Green Card is fine.
Hoepfully, others may have a better understanding on this than me.
more...
kate123
03-07 01:49 PM
Hi Smuggymba, very sorry to see you in such a situation...
It is my understanding that you can get a 3 year H1 (transfer) with an approved I 140. However for a successful transfer, it is required to have 140 in approved state. If for some reason your 140 is cancelled or revoked before you could initiate transfer process, chances are that your H1 transfer may be denied.
My advice is to you: transfer your H1 as soon as possible before 140 is revoked....
Coming to retaining your PD, No matter what, PD is always yours... Once you move to a new company you can port your PD even if old company revokes your 140....
All the best
6 months.
Can we renew H1 after we're laid off based on 140 approval. I'm thinking going for regular or premium extension because it's about the time for extension. I still have a job this week...not sure about next...so looks like premium is the best. At least I'll have H1 extension for 3 yrs when I jump into the job market again....or is this irrelevant and I can renew even after laid off.
It is my understanding that you can get a 3 year H1 (transfer) with an approved I 140. However for a successful transfer, it is required to have 140 in approved state. If for some reason your 140 is cancelled or revoked before you could initiate transfer process, chances are that your H1 transfer may be denied.
My advice is to you: transfer your H1 as soon as possible before 140 is revoked....
Coming to retaining your PD, No matter what, PD is always yours... Once you move to a new company you can port your PD even if old company revokes your 140....
All the best
6 months.
Can we renew H1 after we're laid off based on 140 approval. I'm thinking going for regular or premium extension because it's about the time for extension. I still have a job this week...not sure about next...so looks like premium is the best. At least I'll have H1 extension for 3 yrs when I jump into the job market again....or is this irrelevant and I can renew even after laid off.
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pbuckeye
08-03 08:36 PM
A beer bottle actually has only about 65 calories, so I would consider it diet food :D
On a serious note - consider switching from a traditional breakfast to oatmeal/cereal.
On a serious note - consider switching from a traditional breakfast to oatmeal/cereal.
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pmamp
11-03 02:12 PM
I know approval for extension vastly depends on the justification or reason for extended stay. As said here... taking care of grand kids is not one of the favorable reason. That seem to tick IO off. So, just keep in mind this issue while you apply for her extension.
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deepakjain
11-16 06:36 PM
Please don't give out wrong information. Noone asking you to reply if you are not 100% sure of what you are saying.:mad:
Using AP will not invalidate your H1. You can enter in AP and work with the same employer as long as your H1 is valid and you transfer it to new employer if needed.
I am 100% sure on what I am saying and will never suggest something to anyone if I myself has not been advised to follow the guideline.
The gentelman who replied last has already stated the same thing, work for the same employer to maintain your H1B if you enter on AP, but you will be a parolee until your H1B get renewed again.
Regards,
Deepak
Using AP will not invalidate your H1. You can enter in AP and work with the same employer as long as your H1 is valid and you transfer it to new employer if needed.
I am 100% sure on what I am saying and will never suggest something to anyone if I myself has not been advised to follow the guideline.
The gentelman who replied last has already stated the same thing, work for the same employer to maintain your H1B if you enter on AP, but you will be a parolee until your H1B get renewed again.
Regards,
Deepak
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supers789
07-11 04:13 PM
Fragomen PERM Audit - Response Time??
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meetpravee
04-19 01:14 PM
Thank you so much for all your response. I am filling up the application online now. My fathers name in existing passport is just mentioned as his first name. Should I fill in the first name alone in the renewal application or should I fill in the first name and last name. I couldnt find answer for this question in the other thread. Same question for mother's name and spouse name too.
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admin
03-28 06:03 PM
I agree that you guys should push for an ammendment that one should be able to file 485 and join the queue and get the derivative benefits once 140 is approved. If we get that alone it is better than nothing.
However let me put it to you guys that without the green card in hand, living in limbo land albeit with some mobility is no fun either. Isn't that sort of what the illegals have now at their own labour level. We will be 2nd class citizens to be discarded at a fire brand politician's whim and fancy.If that wait is many years it will not be good. Further those applying later and later will eventually end up with inordinate waits leaving them the choice of waiting for decades like in some family based categories.
I am only saying this since it was stated that this should be the number one priority. The absolute number one priority for all of us should be to quicken the time to a GREEN CARD.
posmd,
If we're able to make every category current, then this amendment for filing I-485 will be moot. But then again our goals will have to tempered with ground reality. While we're fighting very hard against the hard country limit, there is no guarantee that it will be revoked. In the house-senate conference again, we cannot be sure that all of the exemptions like the ones for Dependents, STEM will not be stripped. So there is a very high chance that priority dates are not going to become current. So with that in mind, we need to make sure that atleast our life during the time that we're waiting for GC is much easier.
However let me put it to you guys that without the green card in hand, living in limbo land albeit with some mobility is no fun either. Isn't that sort of what the illegals have now at their own labour level. We will be 2nd class citizens to be discarded at a fire brand politician's whim and fancy.If that wait is many years it will not be good. Further those applying later and later will eventually end up with inordinate waits leaving them the choice of waiting for decades like in some family based categories.
I am only saying this since it was stated that this should be the number one priority. The absolute number one priority for all of us should be to quicken the time to a GREEN CARD.
posmd,
If we're able to make every category current, then this amendment for filing I-485 will be moot. But then again our goals will have to tempered with ground reality. While we're fighting very hard against the hard country limit, there is no guarantee that it will be revoked. In the house-senate conference again, we cannot be sure that all of the exemptions like the ones for Dependents, STEM will not be stripped. So there is a very high chance that priority dates are not going to become current. So with that in mind, we need to make sure that atleast our life during the time that we're waiting for GC is much easier.
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coolvigo
07-02 11:08 PM
I am ready to that......
How can we do that...and when should we start it.....
Can someone lead it ?
How can we do that...and when should we start it.....
Can someone lead it ?
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pictures Justin Bieber ft.
hebron
06-21 12:23 PM
suggestions? ^^^^^^^
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needhelp!
05-16 05:10 PM
What is MI phone list?
Some of my friends got the response saying that they are getting lot of calls and your name is added to MI phone list.
Some of my friends got the response saying that they are getting lot of calls and your name is added to MI phone list.
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paragpujara
04-05 08:11 AM
Guys,
Please reply. It's urgent. I have to accept or reject the full time offer in couple of days.
Your help will be really appreicated.
Please reply. It's urgent. I have to accept or reject the full time offer in couple of days.
Your help will be really appreicated.
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ak_manu
09-29 01:36 PM
We had a bitter experience when we took OUR gold while traveling to india for attending a wedding. Customs officers never listened when we said it was OUR gold and we are taking it to wear for wedding. They demanded 1000$ dollars as bribe even though I said I can offer 400$ for my carrying my OWN gold. After lot of arguing, I was fed up and told that I will leave gold with them and take it with me when we go back. Finally, one officer intervened and he let us go without taking any money as he sensed that issue is going too far and we might end up complaining.
My suggestion, try to wear as much as gold you can as that is considered ok if it on your body. Take minimal if possible.
My suggestion, try to wear as much as gold you can as that is considered ok if it on your body. Take minimal if possible.
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willgetgc2005
07-31 05:39 PM
gg_ny/others,
1) My h1 and my wife's h4 are pending extensiosn with CSC. Will her H4 extension adjuducation be affected by her converting to EAD ?
2) gg-ny, can you eloborate on this please?
(have to file new I9 and specify how you could work) . Do you mean she has to file for a new I-94 ? How to go abaout doing it.
Thanks for your responses.
Sendil
1) My h1 and my wife's h4 are pending extensiosn with CSC. Will her H4 extension adjuducation be affected by her converting to EAD ?
2) gg-ny, can you eloborate on this please?
(have to file new I9 and specify how you could work) . Do you mean she has to file for a new I-94 ? How to go abaout doing it.
Thanks for your responses.
Sendil
eb3_nepa
10-26 04:43 PM
Logiclife i have sent you a PM if you want to discuss this offline let me know.
Thanks for the clarification though. Does Vbulletin have 2 seperate tables one for threads and one for messages. That is the structure that another forums software that we used had. If you have a messages and threads table seperately then maybe you can sort it simply by messageID (the primary key in the messages table). Since that column is a PK, it is already indexed and hence automatically faster
Thanks for the clarification though. Does Vbulletin have 2 seperate tables one for threads and one for messages. That is the structure that another forums software that we used had. If you have a messages and threads table seperately then maybe you can sort it simply by messageID (the primary key in the messages table). Since that column is a PK, it is already indexed and hence automatically faster
memyselfandus
09-25 11:09 AM
can IV focus on this...instead of the recapture?
am just being practical.. we cant expect any meaningful immi reforms anytime soon..and with holidays approaching.. little hope for this year.. so anything that can bring abt temporary relief should be taken up!
I don't think it is advisable.. my reason is getting EAD cards on time... if they open the floodgates again... alot of folks will have problems in getting their EADs on time.. More than once we almost missed deadline by under 3-5 days...
am just being practical.. we cant expect any meaningful immi reforms anytime soon..and with holidays approaching.. little hope for this year.. so anything that can bring abt temporary relief should be taken up!
I don't think it is advisable.. my reason is getting EAD cards on time... if they open the floodgates again... alot of folks will have problems in getting their EADs on time.. More than once we almost missed deadline by under 3-5 days...
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