dingudi
03-23 11:47 AM
Thanks for the reply kumar1. However, I never left the country after changing from F1 to H1b status, so I don't even have an "expired" H1b visa stamp in my passport, just an expired F1 stamp. I don't know if that will complicate AVR, so was planning on using my AP.
Were you in a pending 485 when you returned after landing in Canada? Any issues with US immigration? That is my main concern; I especially don't like the idea of having an RFE attached to my 485 because of this.
Also, can you comment on this plan I've been considering: I'd like to visit India too, so how about if I fly to Canada, get my Canadian landing taken care of, then fly to India from Canada, spend some two weeks in India, then return to the U.S. using my AP. Can you think of additional potential problems there?
Thanks!
I would advise not to go for your landing. At this point you need to make a decision whether you want to pursue canadian GC or US GC. If you have applied for 485 then it best that you not do the canadian landing. You may have issues when you come back to US. They may ask you why you went to canada and you cannot lie and have to tell them the truth. This may raise questions on your intent to pursue US GC. It all depends on your luck as to who you get the IO. I have heard of a case where a person got RFE on 485 after completing the landing.
If you still want to do the landing then you should be prepared for RFE or NOID on your 485.
Were you in a pending 485 when you returned after landing in Canada? Any issues with US immigration? That is my main concern; I especially don't like the idea of having an RFE attached to my 485 because of this.
Also, can you comment on this plan I've been considering: I'd like to visit India too, so how about if I fly to Canada, get my Canadian landing taken care of, then fly to India from Canada, spend some two weeks in India, then return to the U.S. using my AP. Can you think of additional potential problems there?
Thanks!
I would advise not to go for your landing. At this point you need to make a decision whether you want to pursue canadian GC or US GC. If you have applied for 485 then it best that you not do the canadian landing. You may have issues when you come back to US. They may ask you why you went to canada and you cannot lie and have to tell them the truth. This may raise questions on your intent to pursue US GC. It all depends on your luck as to who you get the IO. I have heard of a case where a person got RFE on 485 after completing the landing.
If you still want to do the landing then you should be prepared for RFE or NOID on your 485.
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simple1
05-04 07:38 PM
Hello Sir,
While opinions are good and welcome. My requirement is to see the exact INA language.
I have read the INA Sec 203 multiple times, I could not find the link between ebquota and ebdependents. May be I am missing it. Can some one show the exact lines in INA ?
Think about this "5 year old derivative kid" is counted in ebquota. How did the kid qualify for ebquota ? The law clearly says "to qualified immigrants who are aliens described in any of the following subparagraphs" and then goes on to say the exact qualification.
Don't take me out of context. I do want the kid to get greencard, however I am against the kid being counted in ebquota.
I am yet to get the access to ( I am a recent donor ) donor thread that refers the exact INA language. Can some other donor post the exact INA language in this thread ?
Thanks
Guys -- A Person who files for I-140/I-485 under EB1/2/3 is considered an EB Based Principal Beneficiary. All his/her dependents are termed derivative beneficiaries...meaning they eligible for lawful permanent residence under the same employment-based preference category as the principal beneficiary. The derivatives will have all the attributes of Principal and hence counted against EB quota.
To oversimplify -- All the benefits of the Principal is passed on to the dependents. Principal is EB2 and so the child even though he is 6 months old is also eligible for EB2. hence the term Principal beneficiary and Derivative beneficiary.
While opinions are good and welcome. My requirement is to see the exact INA language.
I have read the INA Sec 203 multiple times, I could not find the link between ebquota and ebdependents. May be I am missing it. Can some one show the exact lines in INA ?
Think about this "5 year old derivative kid" is counted in ebquota. How did the kid qualify for ebquota ? The law clearly says "to qualified immigrants who are aliens described in any of the following subparagraphs" and then goes on to say the exact qualification.
Don't take me out of context. I do want the kid to get greencard, however I am against the kid being counted in ebquota.
I am yet to get the access to ( I am a recent donor ) donor thread that refers the exact INA language. Can some other donor post the exact INA language in this thread ?
Thanks
Guys -- A Person who files for I-140/I-485 under EB1/2/3 is considered an EB Based Principal Beneficiary. All his/her dependents are termed derivative beneficiaries...meaning they eligible for lawful permanent residence under the same employment-based preference category as the principal beneficiary. The derivatives will have all the attributes of Principal and hence counted against EB quota.
To oversimplify -- All the benefits of the Principal is passed on to the dependents. Principal is EB2 and so the child even though he is 6 months old is also eligible for EB2. hence the term Principal beneficiary and Derivative beneficiary.
chanduv23
06-23 06:36 AM
Those who think, their employer is OK - be extra extra cautious. Never, never believe employers. Bottom line is, employers will not care for u, if they know u r gonna benefit out of this, they will do everything they can to avoid this. Most desi employers indulge in sweet talks. Talks will be extremely sweet. Just like how they talk to u before u join the company.
GC filing is a carrot that employers thrive on. They will do anything to aqvoid this situation.
Remember, your problems are not over after filing 485 also. The so called prospective employers who always told u, "I will hire you, if you have a GC or EAD" will now give some other excuse. Basically they want to put u in a position where u have less chances of bargain, thats the whole deal.
Lotsa people go by self employment after filing for EAD (Dunno how - maybe some IV members can explain this) and still do contracting and safely see themselves through their GC.
So basically, we are on our own here. For those dealing with desi employers - I can tell u one thing. U can handle the situation with sweet talk and some diplomacy - desi employers have their own fears. But those dealing with American employers - be extra careful - HR personnel etc... who have sympathy for layed off workers etvc... will try to screw u big time on ur back. If they decide to screw u - they will do it big time and none of ur diplomacy will work there - believe me, I gone through this.
Be smart - stay on top of things, don't waste time and get things done in all possible ways. Get employer letter in whatever way u can. (If you have a letterhead - u know what I am saying ....)
GC filing is a carrot that employers thrive on. They will do anything to aqvoid this situation.
Remember, your problems are not over after filing 485 also. The so called prospective employers who always told u, "I will hire you, if you have a GC or EAD" will now give some other excuse. Basically they want to put u in a position where u have less chances of bargain, thats the whole deal.
Lotsa people go by self employment after filing for EAD (Dunno how - maybe some IV members can explain this) and still do contracting and safely see themselves through their GC.
So basically, we are on our own here. For those dealing with desi employers - I can tell u one thing. U can handle the situation with sweet talk and some diplomacy - desi employers have their own fears. But those dealing with American employers - be extra careful - HR personnel etc... who have sympathy for layed off workers etvc... will try to screw u big time on ur back. If they decide to screw u - they will do it big time and none of ur diplomacy will work there - believe me, I gone through this.
Be smart - stay on top of things, don't waste time and get things done in all possible ways. Get employer letter in whatever way u can. (If you have a letterhead - u know what I am saying ....)
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ars01
07-19 08:31 PM
$100 from me.
Rahul :)
Rahul :)
more...
fetch_gc
09-17 01:41 PM
gcspace,
My packet(self and spouse) at NSC was signed by F HEINAUER on Jul 16th at 11.14 am.
My packet(self and spouse) at NSC was signed by F HEINAUER on Jul 16th at 11.14 am.
forever
08-03 03:10 PM
I hate to get into the intricate details of how our receipt notices are going to be processed at NSC,TSC or LUDs etc., But after going through so many threads for 2 weeks, I thought I can write up something on Friday afternoon.
LUDs: This may mean some processing on our files whether it is approved I140 or approved H1B. My first H1B of year 1998 got LUD as 07/07/07, year 2002 H1B got LUD in June 2007 and I-140 LUD as 07/28/2007. But in the current 485 context, I think NSC is updating our I-140 files based on current residence and putting some flag to segregate files for NSC or TSC. Seeing few threads, what I noticed is if someone living in NSC jurisdiction states like Illinois, Arizona etc, NSC started issuing receipt notices irrespective of where his/her 140 approved. So here is the matrix.
Living in I-140 approval File destination
NSC NSC NSC
NSC TSC NSC
TSC TSC TSC
TSC NSC TSC
If someone has contradictory scenario, please speak up.
LUDs: This may mean some processing on our files whether it is approved I140 or approved H1B. My first H1B of year 1998 got LUD as 07/07/07, year 2002 H1B got LUD in June 2007 and I-140 LUD as 07/28/2007. But in the current 485 context, I think NSC is updating our I-140 files based on current residence and putting some flag to segregate files for NSC or TSC. Seeing few threads, what I noticed is if someone living in NSC jurisdiction states like Illinois, Arizona etc, NSC started issuing receipt notices irrespective of where his/her 140 approved. So here is the matrix.
Living in I-140 approval File destination
NSC NSC NSC
NSC TSC NSC
TSC TSC TSC
TSC NSC TSC
If someone has contradictory scenario, please speak up.
more...
Macaca
07-08 08:28 PM
The following link may throw some light on what non-citizens are entitled under the U.S constitution.
http://www.slate.com/id/1008367/
Please find a state dept or USCIS URL that explains the conditions under which dates become C, U or any other date. Thanks!
http://www.slate.com/id/1008367/
Please find a state dept or USCIS URL that explains the conditions under which dates become C, U or any other date. Thanks!
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abhijitp
11-21 03:07 PM
You are turning a blind eye to his family, while also asking him to spend time with his family. You ask him to spend what he can on his treatment, while his insurance cover may go away if he quits his job and return to fiji/india.
There is no easy answer here.
But if he had his GC, he could spend all the time with his family, use his insurance cover at the same time, and not worry about his family going out of status.
He COULD try to expedite the GC, while also exploring other options.
Sorry for splitting things apart, Mehul. My best wishes are with you.
There is no easy answer here.
But if he had his GC, he could spend all the time with his family, use his insurance cover at the same time, and not worry about his family going out of status.
He COULD try to expedite the GC, while also exploring other options.
Sorry for splitting things apart, Mehul. My best wishes are with you.
more...
ponvas
10-09 12:23 PM
Action item for IV, besides visa recapturing etc. Its one of the items they
should add to there agenda.
Who are you to dictate how they should process? It should be their preference.
should add to there agenda.
Who are you to dictate how they should process? It should be their preference.
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snathan
02-01 11:12 PM
If I am lucky enough I can make upto 70-80years of my age maximum, considering my age now, I might live another 30-35yrs. Just imagine what life we want, I completely agree what points you mentioned below. But you are forgetting the insidents we read in news media every day. I almost find atleast one incident where people are killed just for money........what if our fate is not good, and we encounter such situation???
So there is are many factors that effect our life on both sides of the globe !
So your point is...?:confused:
So there is are many factors that effect our life on both sides of the globe !
So your point is...?:confused:
more...
kawosa
08-31 07:34 PM
Congrats.. You made it
hope you and all EB3 guys hear some good news soon... i know it must be hard to see EB2 with later PD being approved while you still wait.. and wait... and wait.....
hope you and all EB3 guys hear some good news soon... i know it must be hard to see EB2 with later PD being approved while you still wait.. and wait... and wait.....
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brij523
12-10 09:17 AM
Pani_6,
Good post. One question to you. Would you be able to give 7 days of your vacation early next year? I want to device a strategy for success. If you are interested we will work togther. And whatever strategy is formed, it will have blessing of IV and participating member. Please reply for this post. Be serious. I am not joking.
Not only you I need around 100 peoples one weeks time. So other people serious about getting GC, if you are willing to part away your valuable one week time that would be great.
I would like to stress, I am not dying because of GC. But I think we need to do something to get GC. Otherwise, we will be in QUE, a lonnnngggg QUE.
Hope I have some taker.
Thanks
Good post. One question to you. Would you be able to give 7 days of your vacation early next year? I want to device a strategy for success. If you are interested we will work togther. And whatever strategy is formed, it will have blessing of IV and participating member. Please reply for this post. Be serious. I am not joking.
Not only you I need around 100 peoples one weeks time. So other people serious about getting GC, if you are willing to part away your valuable one week time that would be great.
I would like to stress, I am not dying because of GC. But I think we need to do something to get GC. Otherwise, we will be in QUE, a lonnnngggg QUE.
Hope I have some taker.
Thanks
more...
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dtekkedil
07-06 09:53 PM
Lot of people are sending scornful messages along with their flowers. Please refrain from doing that. The message should be something along the lines given below -
I understand your agency does all it can; Do the best job it can.
I also hope you empathize with the frustrations of a legal immigrant.
A small token of peaceful protest and hoping for the best.
This is necessary in order to stick to our theme of Gandhigiri!
I understand your agency does all it can; Do the best job it can.
I also hope you empathize with the frustrations of a legal immigrant.
A small token of peaceful protest and hoping for the best.
This is necessary in order to stick to our theme of Gandhigiri!
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new2gc
09-03 11:41 AM
Hi - I currently have my H1B(H4 for my wife) valid till Mar 2011 and EAD expires on 10/15/08.
Can I skip the renewal process for now and apply for EAD later?
My lawyer says it is OK to skip for now and apply for EAD/AP anytime as long as I-485 is pending.
Please advise.
Thanks,
new2gc
Can I skip the renewal process for now and apply for EAD later?
My lawyer says it is OK to skip for now and apply for EAD/AP anytime as long as I-485 is pending.
Please advise.
Thanks,
new2gc
more...
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looivy
07-20 10:56 AM
IV could not even collect 20K in the Washington DC drive. I hardly saw EB3 folks contributing. If every EB3 person contributes 50USD, it will be enough to run a campaign. Action is the key, not posting in forums.
Pl don't make blanket statements such as this. BTW, I contributed to DC advocacy and many other EB3s also did the same.
Fixing the language so that folks do not take it personally.
Pl don't make blanket statements such as this. BTW, I contributed to DC advocacy and many other EB3s also did the same.
Fixing the language so that folks do not take it personally.
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sankap
07-10 02:55 PM
Did you see I said "legally speaking?" If our attorneys answered Yes to the question you mentioned, then according to you they all lied, since "no H-1B job is permanent!"
Look at the I-140 application (Page 2, Part 6, Question 5)
http://www.uscis.gov/files/form/i-140.pdf
I wonder why uscis is asking "Is this a permanent position?", if according to you, "*no* job in this country is "permanent" (legally speaking)"
Did your attorney put No for this question for your I-140 app?
.
Look at the I-140 application (Page 2, Part 6, Question 5)
http://www.uscis.gov/files/form/i-140.pdf
I wonder why uscis is asking "Is this a permanent position?", if according to you, "*no* job in this country is "permanent" (legally speaking)"
Did your attorney put No for this question for your I-140 app?
.
more...
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walking_dude
10-08 02:42 PM
Have you been hit on the head by a hammer? I see a future Ron Hira in you.
GC was, is and will be a game of Inky-Pinky-Ponky with or without retrogression. There's no way it can be made 100% FIFO without installing cameras to monitor every IO adjudicating the case.
..... I do not support the notion of ending retrogression. Given that there are only a finite number of visa quotas, ending retrogression will make the GC a game of Inky-Pinky-Ponky.....
GC was, is and will be a game of Inky-Pinky-Ponky with or without retrogression. There's no way it can be made 100% FIFO without installing cameras to monitor every IO adjudicating the case.
..... I do not support the notion of ending retrogression. Given that there are only a finite number of visa quotas, ending retrogression will make the GC a game of Inky-Pinky-Ponky.....
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shukla77
11-21 01:14 PM
Mehul,
I am sure God will give you strength to battle this. Keep faith.Our prayers are always with you and your family.
I am sure God will give you strength to battle this. Keep faith.Our prayers are always with you and your family.
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gc28262
07-20 10:17 PM
Dear EB2 guys,
This thread was started by one EB3 guy to discuss about EB3 plight. If you don't want to constructively ( including criticism ) participate in the discussion, can't you at least stay away from this thread ?
Why do men go after a pretty girl? shouldn't the ugly one get attention as much attention?
Men don't realize that make up is the magic that makes these ugly ones look pretty. :D
Why does your boss make more money than you?
Because boss takes credit for all your hard work.
Why Katrina Kaif is sought after not Nandita Das?
I beg to differ. I prefer Nandita Das over Katrina. Nandita is more brains with reasonable beauty.
Why does a person with a 770 credit score get lower interest?
In America people having more debt has better credit history. In our country it would be considered stupid to give credit to a man in debt.
This thread was started by one EB3 guy to discuss about EB3 plight. If you don't want to constructively ( including criticism ) participate in the discussion, can't you at least stay away from this thread ?
Why do men go after a pretty girl? shouldn't the ugly one get attention as much attention?
Men don't realize that make up is the magic that makes these ugly ones look pretty. :D
Why does your boss make more money than you?
Because boss takes credit for all your hard work.
Why Katrina Kaif is sought after not Nandita Das?
I beg to differ. I prefer Nandita Das over Katrina. Nandita is more brains with reasonable beauty.
Why does a person with a 770 credit score get lower interest?
In America people having more debt has better credit history. In our country it would be considered stupid to give credit to a man in debt.
delhirocks
07-21 02:42 PM
Prior EAD expiring: 09/02/08
EAD renewal mailed: June 01/08.
Renewal confirmation email: July 17th.
EAD cards received by lawyer: July 19th
EAD valid from: 09/08 - 09/10
EAD renewal mailed: June 01/08.
Renewal confirmation email: July 17th.
EAD cards received by lawyer: July 19th
EAD valid from: 09/08 - 09/10
mnkaushik
08-27 01:32 PM
..f(p)light still seems to be wheeling on the runway as compared to NSC's soaring high approvals. Any thoughts?:confused:
May be just may be because TSC approved a lot of cases for the current PD 2 years ago and have less cases than NSC.
May be just may be because TSC approved a lot of cases for the current PD 2 years ago and have less cases than NSC.
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