OLDMONK
07-19 03:17 PM
8 CFR Sec. 245.2(a)(4)(ii)(C) . It says:
(C) The travel outside of the United States by an applicant for adjustment of status who is not under exclusion, deportation, or removal proceeding and who is in lawful H-1 or L-1 status shall not be deemed an abandonment of the application if, upon returning to this country, the alien remains eligible for H or L status, is coming to resume employment with the same employer for whom he or she had previously been authorized to work as an H-1 or L-1 nonimmigrant, and, is in possession of a valid H or L visa (if required) and the original I-797 receipt notice for the application for adjustment of status.
Looks like we can ask for a receipt notice in case we are travelling out of the country. Atleast ask!
Yes this a legit reason to get receipts. But if you have been denied receipts by employer/lawyer in recent past. Give this reason a little time, if you know what I mean. Else this reason would also go to waste.
My Lawyer has been good in this regard and usually scans a copy and emails to my HR/Supervisor and Myself as soon as she get any notices/rfe's etc. I think this would be the pattern of most employers if not all.
(C) The travel outside of the United States by an applicant for adjustment of status who is not under exclusion, deportation, or removal proceeding and who is in lawful H-1 or L-1 status shall not be deemed an abandonment of the application if, upon returning to this country, the alien remains eligible for H or L status, is coming to resume employment with the same employer for whom he or she had previously been authorized to work as an H-1 or L-1 nonimmigrant, and, is in possession of a valid H or L visa (if required) and the original I-797 receipt notice for the application for adjustment of status.
Looks like we can ask for a receipt notice in case we are travelling out of the country. Atleast ask!
Yes this a legit reason to get receipts. But if you have been denied receipts by employer/lawyer in recent past. Give this reason a little time, if you know what I mean. Else this reason would also go to waste.
My Lawyer has been good in this regard and usually scans a copy and emails to my HR/Supervisor and Myself as soon as she get any notices/rfe's etc. I think this would be the pattern of most employers if not all.
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Desertfox
12-11 01:06 PM
Is there any conflict between 'India being great' and your 'GC application'? Its really not a smart thing to say that you missed it on purpose when your name is 'PERMFILING', you have 'EB2 in process' and you appealed on your EB1 application. :D:D:D
I missed the train too.. I guess we missed on purpose which is we make RICH in our own country in the future
Business as Usual. They are minting (milking) money with other services.
Damn H1, GC,#$%#$%$%$%^%$^
All MNC's are flocking to INDIA lately. I think I am sitting on the wrong continent :-)
Quotes on INDIA:
a is the cradle of the human race, the birthplace of human speech, the mother of history, the grandmother of legend and the great grand mother of tradition.” - American Writer and Humorist Mark Twain
“If there is one place on the face of earth where all dreams of living men have found a home from the very earliest days when man began the dream of existence, it is India.” - French scholar Romain Rolland
“India conquered and dominated China culturally for 20 centuries without ever having to send a single soldier across her border.” - Hu Shih (Former Chinese ambassador to USA, referring to the entry of Buddhism into China. Buddhism was born in ancient India).
So far as I am able to judge, nothing has been left undone, either by man or nature, to make India the most extraordinary country that the sun visits on his rounds. Nothing seems to have been forgotten, nothing overlooked.”- Mark Twain
“In India I found a race of mortals living upon the Earth. but not adhering to it. Inhabiting cities, but not being fixed to them, possessing everything but possessed by nothing.”- Apollonius Tyanaeus, Greek Thinker and Traveller 1st Century AD
“Bear in mind that the commerce of India is the commerce of the world and … he who can exclusively command it is the dictator of Europe.”- Peter the Great of Russia [LOOKS LIKE WE ARE GETTING THERE WITH IT]
EB2- 10/05
EB1 EA Appeal pending
I missed the train too.. I guess we missed on purpose which is we make RICH in our own country in the future
Business as Usual. They are minting (milking) money with other services.
Damn H1, GC,#$%#$%$%$%^%$^
All MNC's are flocking to INDIA lately. I think I am sitting on the wrong continent :-)
Quotes on INDIA:
a is the cradle of the human race, the birthplace of human speech, the mother of history, the grandmother of legend and the great grand mother of tradition.” - American Writer and Humorist Mark Twain
“If there is one place on the face of earth where all dreams of living men have found a home from the very earliest days when man began the dream of existence, it is India.” - French scholar Romain Rolland
“India conquered and dominated China culturally for 20 centuries without ever having to send a single soldier across her border.” - Hu Shih (Former Chinese ambassador to USA, referring to the entry of Buddhism into China. Buddhism was born in ancient India).
So far as I am able to judge, nothing has been left undone, either by man or nature, to make India the most extraordinary country that the sun visits on his rounds. Nothing seems to have been forgotten, nothing overlooked.”- Mark Twain
“In India I found a race of mortals living upon the Earth. but not adhering to it. Inhabiting cities, but not being fixed to them, possessing everything but possessed by nothing.”- Apollonius Tyanaeus, Greek Thinker and Traveller 1st Century AD
“Bear in mind that the commerce of India is the commerce of the world and … he who can exclusively command it is the dictator of Europe.”- Peter the Great of Russia [LOOKS LIKE WE ARE GETTING THERE WITH IT]
EB2- 10/05
EB1 EA Appeal pending
alp_waj
11-07 01:11 PM
Given a choice (with comparable role and growth) I will be more inclined to spend few years (~5) in Europe, post MBA.
Was just trying to make sure if there was a easier way to maintain my GC, at the same time complete my studies in parallel.
Per all your suggestions, there are ways to walk that tightrope, but its not very straight forward...Also I am not looking into deferring my studies for a year..
Will go ahead with resignation...
Thanks again for all sincere advise and wishes.
Regards
Was just trying to make sure if there was a easier way to maintain my GC, at the same time complete my studies in parallel.
Per all your suggestions, there are ways to walk that tightrope, but its not very straight forward...Also I am not looking into deferring my studies for a year..
Will go ahead with resignation...
Thanks again for all sincere advise and wishes.
Regards
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coopheal
03-24 05:38 PM
I have recently moved out of state and started on a different job. I updated my address with USCIS online last week. I just got a email from CRIS for RFE. I have I-140 has been approved since 2004 and applied for I-485 in July 07. My lawyer is from Frogman firm. This was the firm used by my GC sponsor employer. My new position is slight different from Software Developer to Lead System Analyst. I think this should be covered with same or similar clause.
If you have prior experience please let me what to expect and do any preparation now itself.
If you have prior experience please let me what to expect and do any preparation now itself.
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pmat
10-02 10:31 AM
Calculate the "real" mortgage interest rate you are paying after taking tax deduction into account. It will be slightly lower than your mortgage interest rate.
Then, see if you can get a better return by investing your money somewhere else. If you can't get a better return anywhere else then pay down your mortgage. Normally - you will find investments with a better rate of return than mortgage.
Then, see if you can get a better return by investing your money somewhere else. If you can't get a better return anywhere else then pay down your mortgage. Normally - you will find investments with a better rate of return than mortgage.
pappu
01-04 11:43 PM
pls update your information
get active in state chapter
participate in funding and membership drive
visit iv site regularly and when there is any update to share for our members Iv will post it.
get active in state chapter
participate in funding and membership drive
visit iv site regularly and when there is any update to share for our members Iv will post it.
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chintu25
03-19 04:17 PM
U did not need to file a complaint just telling them that u wud file wud have been enough :)
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ilwaiting
02-15 07:50 AM
Very funny, lol
I think Pres Bush is asking the same question.....Seems like you guys have something in common :D
I think Pres Bush is asking the same question.....Seems like you guys have something in common :D
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ek_bechara
10-14 05:19 PM
You are funny. You should try stand-up. Even the president may read it... nice
ALL,
While we watch the election drama unfold, here is something everybody can read, if even one of us is lucky to have our story published. Please send emails to the media. Even the president may read it..
Please dont forget to include that we can buy houses, create jobs but only this backlogs from INdia are holding us. And that we are legal Permanent applicants and Already here. Tell them we can help solve housing problem, create jobs.
Please find some email addresses. Trying to find boston.com's email address.
NY Times : letters@nytimes.com,
Washington post : letters@washpost.com
San Jose Mercury News : letters@mercurynews.com
(CNN online to submit a story): http://www.cnn.com/feedback/forms/form11b.html?1
Fox News: americasnewsroom@foxnews.com
ALL,
While we watch the election drama unfold, here is something everybody can read, if even one of us is lucky to have our story published. Please send emails to the media. Even the president may read it..
Please dont forget to include that we can buy houses, create jobs but only this backlogs from INdia are holding us. And that we are legal Permanent applicants and Already here. Tell them we can help solve housing problem, create jobs.
Please find some email addresses. Trying to find boston.com's email address.
NY Times : letters@nytimes.com,
Washington post : letters@washpost.com
San Jose Mercury News : letters@mercurynews.com
(CNN online to submit a story): http://www.cnn.com/feedback/forms/form11b.html?1
Fox News: americasnewsroom@foxnews.com
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desi3933
06-25 02:38 PM
MrWaitingGC,
My H1B is valid till April of 2008. When i went for vacation and entered the country in March 2007, the guy at the border patrol did some mistake and put the date on I-94 as 16th sep of 2007 instead of April 2008.
Your status is governed by the I-94 date and not by the visa expiration date.
I tried to get it corrected at the local CBP office but could not do it ... So i am planning to make a trip to Canada before my visa stamp expries to get a new I-94 which is valid till April 2008.
But since i have sent my passport for renewal, i am not sure if I can make the trip bfr my I-94 expires.
And also i am not sure if i can file for extension of my H1B as it is more than 6 months ( it is about 10 months early) before the expiration date on my current H1B.
You can file for H1 extension 6 months BEFORE STATUS EXPIRY date (16 Sep 2007), so you are ok and while extension is pending you can continue to work for the H1 employer upto 240 days. You should get new I-94 with the H1 extension approval notice. You don't need new H1 visa stamp until you travel out of USA.
At this point i am helpless with out my passport. I hope i get it soon.
So what i wanted to find out is, is my status still legal after 16th sep 2007 if i file my 485 ...
Like stated earlier, as long as your employer files for H1 extension before Sep 16th 2007, you are ok.
See above in Blue.
Not a legal advice
-----------------------
desi3933 at gmail.com
My H1B is valid till April of 2008. When i went for vacation and entered the country in March 2007, the guy at the border patrol did some mistake and put the date on I-94 as 16th sep of 2007 instead of April 2008.
Your status is governed by the I-94 date and not by the visa expiration date.
I tried to get it corrected at the local CBP office but could not do it ... So i am planning to make a trip to Canada before my visa stamp expries to get a new I-94 which is valid till April 2008.
But since i have sent my passport for renewal, i am not sure if I can make the trip bfr my I-94 expires.
And also i am not sure if i can file for extension of my H1B as it is more than 6 months ( it is about 10 months early) before the expiration date on my current H1B.
You can file for H1 extension 6 months BEFORE STATUS EXPIRY date (16 Sep 2007), so you are ok and while extension is pending you can continue to work for the H1 employer upto 240 days. You should get new I-94 with the H1 extension approval notice. You don't need new H1 visa stamp until you travel out of USA.
At this point i am helpless with out my passport. I hope i get it soon.
So what i wanted to find out is, is my status still legal after 16th sep 2007 if i file my 485 ...
Like stated earlier, as long as your employer files for H1 extension before Sep 16th 2007, you are ok.
See above in Blue.
Not a legal advice
-----------------------
desi3933 at gmail.com
more...
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bugsbunny
04-10 09:37 PM
Do you have a question for IV?
post it here...i'll compile a list once i have a good number of them
if you know the answer to a question...please reply
I would very much appreciate it if we can keep it civil and avoid hijacking this thread :)
Q. What is Immigration Voice's agenda and purpose?
A. The agenda is to lobby US Lawmakers for legislation to help clear the backlog for Employment Based green cards
post it here...i'll compile a list once i have a good number of them
if you know the answer to a question...please reply
I would very much appreciate it if we can keep it civil and avoid hijacking this thread :)
Q. What is Immigration Voice's agenda and purpose?
A. The agenda is to lobby US Lawmakers for legislation to help clear the backlog for Employment Based green cards
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gconmymind
06-17 04:08 PM
Thanks for the info. I still have a few doubts.
For 1. I will be having the marriage certificate at the time of filing, which will be in July. That time my spouse will be in India, as she will apply for her H4 and then come (latest by August). What I wanted to know is that if my PD is NOV 2006, doesn't that make me current. I know people are saying that visa numbers may not be availabe in Sep, but if all PD are current till June 2007, and if my wife will get my PD, what difference does it make if she files in Aug or Dec 2007. What will happen in Dec that will not let her file I-485. I am meeting my attorney next week, but with the pathetic interview scheduling system, it would be good to know so I can get an earlier date for her.
The priority dates are current right now and anybody with approved labor can file 485 (concurrently with 140 if that is not approved/filed). Your priority date is Nov 06, so you can file now, but by the time your spouse is in US, the dates may retrogress (for example, lets say for discussion sakes - Jan 06). In that case, if the dates eligible for filing are before Nov 06, your wife will need to wait till the date becomes Nov 06 again. Hope this clarifies some of your questions.
I am in the same situation and trying to figure out the best way possible. Please let me know if you or anyone finds anything relevant. Thanks guys, this is a very good forum!!
For 1. I will be having the marriage certificate at the time of filing, which will be in July. That time my spouse will be in India, as she will apply for her H4 and then come (latest by August). What I wanted to know is that if my PD is NOV 2006, doesn't that make me current. I know people are saying that visa numbers may not be availabe in Sep, but if all PD are current till June 2007, and if my wife will get my PD, what difference does it make if she files in Aug or Dec 2007. What will happen in Dec that will not let her file I-485. I am meeting my attorney next week, but with the pathetic interview scheduling system, it would be good to know so I can get an earlier date for her.
The priority dates are current right now and anybody with approved labor can file 485 (concurrently with 140 if that is not approved/filed). Your priority date is Nov 06, so you can file now, but by the time your spouse is in US, the dates may retrogress (for example, lets say for discussion sakes - Jan 06). In that case, if the dates eligible for filing are before Nov 06, your wife will need to wait till the date becomes Nov 06 again. Hope this clarifies some of your questions.
I am in the same situation and trying to figure out the best way possible. Please let me know if you or anyone finds anything relevant. Thanks guys, this is a very good forum!!
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brick2006
12-19 03:36 PM
is this chapter..ACTIVE???
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guyfromsg
07-16 10:15 PM
Is it possible to file I-485 without I-693(Medical) ?
The reason I ask is that I cannot get a doctor's appointment in July. For some reason, if we are able to file in July, can I submit the 485 first and submit teh I-693 later.
Please advise
Medical reports are part of initial evidence and without them the case could be rejected. I think the new guidelines give the officers power to reject the case instead of asking for RFE if initial evidence is missing..
The reason I ask is that I cannot get a doctor's appointment in July. For some reason, if we are able to file in July, can I submit the 485 first and submit teh I-693 later.
Please advise
Medical reports are part of initial evidence and without them the case could be rejected. I think the new guidelines give the officers power to reject the case instead of asking for RFE if initial evidence is missing..
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Dj-Studios
05-23 05:46 AM
Any news on progress Tele. Not rushing just wanted to see if have had the chance to work on yours. I'm sure you are very busy so take your time.
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Nil
02-28 11:23 AM
Please can someone indicate how to retrieve info on Labor, I140 and others necessary to switch to another company using AC21.
What are the options if employer & law firm are unwilling to share?
What are the options if employer & law firm are unwilling to share?
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inthehole
06-15 05:17 PM
I filed my 485 at Nebraska Service Center. Recently I changed jobs and I moved to Connecticut. According to my address I must file my EAD application to TSC. But, when I did the efile, I received a LIN number as my confirmation. And the confirmation message asked to send the supporting documents to Nebraska Service Center.
I don't know if this is ok.
I don't know if this is ok.
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jay21
07-11 10:01 PM
why can't everyone request the USCIS to send it by Fedex or UPS, assuring that we will bear the special charges.
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HV000
02-28 09:21 PM
Anyone Please?
gc_dreamer_485
10-10 04:43 PM
And Yeah i do have a new Passport now
kaisersose
09-17 01:32 PM
Are you sure? Cause I did work with them, no one imagined the crisis of real estate was going to be soooo steep and also no one imagined that my i-485 was going to be approved so fast.
I can proof I worked with them from 2002-2006 (4 years). They gave me a letter saying they still not able to get me a job, i did have intent to work with them.
That is the point. It was not of your own volition.
Also, there is no rule that says citizenship is not available to people who do not work for the sponsoring employer for a certai nperiod of time after GC approval. It is just good practice to stick around for a few months after approval, but it is not law.
You will have no trouble. Change your status from bittersweet to sweet and have fun. Also, good luck finding a new job.
I can proof I worked with them from 2002-2006 (4 years). They gave me a letter saying they still not able to get me a job, i did have intent to work with them.
That is the point. It was not of your own volition.
Also, there is no rule that says citizenship is not available to people who do not work for the sponsoring employer for a certai nperiod of time after GC approval. It is just good practice to stick around for a few months after approval, but it is not law.
You will have no trouble. Change your status from bittersweet to sweet and have fun. Also, good luck finding a new job.
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