resident1374
01-26 03:43 PM
I am requesting some expert answers -
Recently had family-based AOS interview with the USCIS (my wife is a naturalized citizen). One question was asked by the officer - "Did I travel outside US after filing the AOS?" and my answer "Yes - to Canada for few days - by car".
I traveled to Canada on my company�s H1B.
The officer explained that once you file you Marriage based GC the only way you can travel is on Advance Parole. Travel on H1B is possible as long as the H1 and the AOS is of the same employer. In my case the AOS was family-based and the travel was on H1B. Such a travel may be considered to be abandonment of the Family based GC process.
The officer was extremely helpful in providing us information and said he needed more time to go through my case and decide on approval/denial of my case after consulting with other officers/supervisors (I130 looks good for approval) but there is a possibility (he said) that I may have to re-file the I-485 but there is a possibility that I may be approved.
He told he is waiting on some papers which is in some other State and that will take some time (not sure what papers was he talking about)
He also said that he will also look into my employer-based GC and see if he can approve that case if possible? Well, I am not sure about that as my priority date is SEP 2004 (EB3). This he said will save me some money of not re-filing and also instead of 2yr conditional GC (marrige is less than 2yrs) I will be able to get 10 yr GC. He took a copy of my I-140 receipt.
Now, I have a full-time offer from a company and not sure what to do? What if I use my Family-based EAD - that will invalidate my employer based pending AOS - correct? And what if my Family-based I485 gets denied due to abandonment while on the EAD - is the EAD still valid or is it valid only after re-filing the I485?
Any suggestions?
Recently had family-based AOS interview with the USCIS (my wife is a naturalized citizen). One question was asked by the officer - "Did I travel outside US after filing the AOS?" and my answer "Yes - to Canada for few days - by car".
I traveled to Canada on my company�s H1B.
The officer explained that once you file you Marriage based GC the only way you can travel is on Advance Parole. Travel on H1B is possible as long as the H1 and the AOS is of the same employer. In my case the AOS was family-based and the travel was on H1B. Such a travel may be considered to be abandonment of the Family based GC process.
The officer was extremely helpful in providing us information and said he needed more time to go through my case and decide on approval/denial of my case after consulting with other officers/supervisors (I130 looks good for approval) but there is a possibility (he said) that I may have to re-file the I-485 but there is a possibility that I may be approved.
He told he is waiting on some papers which is in some other State and that will take some time (not sure what papers was he talking about)
He also said that he will also look into my employer-based GC and see if he can approve that case if possible? Well, I am not sure about that as my priority date is SEP 2004 (EB3). This he said will save me some money of not re-filing and also instead of 2yr conditional GC (marrige is less than 2yrs) I will be able to get 10 yr GC. He took a copy of my I-140 receipt.
Now, I have a full-time offer from a company and not sure what to do? What if I use my Family-based EAD - that will invalidate my employer based pending AOS - correct? And what if my Family-based I485 gets denied due to abandonment while on the EAD - is the EAD still valid or is it valid only after re-filing the I485?
Any suggestions?
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sparklinks
09-16 03:27 PM
I applied on Jun6th and got my EAD 2 weeks back. I took infopass to expedite the process. The IO wrote an email to someone in TSC. I got approved next week. Give a try taking Infopass.
Good luck
Thanks, I will do that on 18th..took Infopass
Good luck
Thanks, I will do that on 18th..took Infopass
texcan
10-10 08:30 PM
Guys,
This is question to july 485 files, has anyone from Austin, tx received FP appointment.
I filed on jul 25 ( NSC) got transferred to TSC and got receipts on 9/27
and EAD on 10/2, but no FP as yet.
Just wondering if FP did get lost...or am i in line..
Comments, suggestions ???
thanks
This is question to july 485 files, has anyone from Austin, tx received FP appointment.
I filed on jul 25 ( NSC) got transferred to TSC and got receipts on 9/27
and EAD on 10/2, but no FP as yet.
Just wondering if FP did get lost...or am i in line..
Comments, suggestions ???
thanks
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newtoh1
03-05 04:10 PM
Hi
My 140 got approved and 485 is in pending state.I have my EAD and also valid H1.
1.Can I add my spouse to my GC status when PD is not current?My spouse is on H1B visa.
2.If I start using EAD, is it still possible to add spouse or I should maintain valid H1 status?
Can you please respond back ASAP.Thanks.
My 140 got approved and 485 is in pending state.I have my EAD and also valid H1.
1.Can I add my spouse to my GC status when PD is not current?My spouse is on H1B visa.
2.If I start using EAD, is it still possible to add spouse or I should maintain valid H1 status?
Can you please respond back ASAP.Thanks.
more...
seahawks
03-02 09:17 AM
only if termination is initiated by the employer, not employee. If you resign, the company is not required to provide you the one way ticket to your home country.
raja_san
05-10 11:24 AM
Hi
My 6 years of H1B visa expires on Feb 2012. Can I transfer to H4 Dependant Visa on my wife's H1b Visa or F1 Visa for one year and after one year re-apply for a fresh H1B visa? or I have to go outside USA for one year and then Apply for fresh H1B Visa.
Thanks,
Raja
My 6 years of H1B visa expires on Feb 2012. Can I transfer to H4 Dependant Visa on my wife's H1b Visa or F1 Visa for one year and after one year re-apply for a fresh H1B visa? or I have to go outside USA for one year and then Apply for fresh H1B Visa.
Thanks,
Raja
more...
BNB326
08-20 04:05 PM
Thanks for your suggestion.
I am worried whether i will be able to find a job in this tough situation or not. So if that is possible, i would like to start that route too.
Any other option?
Thanks,
I am worried whether i will be able to find a job in this tough situation or not. So if that is possible, i would like to start that route too.
Any other option?
Thanks,
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EAD
03-30 12:04 PM
When I did it in Delhi at US embassy there was an officer at the embassy counter just before entering into the embassy when you are at the line outside with your papers, he checks your documents. For me he checked my papers and wrote on them " PIMS found". After that i went into the embassy to get into the another line to talk to officer inside.
Though it was 3 years back I am not sure if its done the same way now also.
Though it was 3 years back I am not sure if its done the same way now also.
more...
nonlimit
02-11 11:39 AM
Hey Alabaman,
First of all thanks for your reply.
No I haven't filed a tax return before, because there was no need. I started studying in August 2008 and remained most of 2009 in the US.
2 points:
1. So therefore I guess I'm a nonresident for 2009 (because I wasn't a lot in the US in 2008).
But I'm a resident for 2010 (because I was in the US almost all of 2009). With 2010 I mean the tax filling I'll have to do next year.
Am I correct with this reasoning? Does the substantial presence test only count for the next year?
2. Is it correct, that they took 25% of my sign up bonus away? I was an F-1 all of 2009.
Christian
First of all thanks for your reply.
No I haven't filed a tax return before, because there was no need. I started studying in August 2008 and remained most of 2009 in the US.
2 points:
1. So therefore I guess I'm a nonresident for 2009 (because I wasn't a lot in the US in 2008).
But I'm a resident for 2010 (because I was in the US almost all of 2009). With 2010 I mean the tax filling I'll have to do next year.
Am I correct with this reasoning? Does the substantial presence test only count for the next year?
2. Is it correct, that they took 25% of my sign up bonus away? I was an F-1 all of 2009.
Christian
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mrdelhiite
07-02 08:55 AM
I heard USCIS already retrogressed and rejecting Jul filer? is it true. need urgent help :mad: :mad:
please post your source
-M
please post your source
-M
more...
jessie1981
08-02 11:14 AM
Did anyone get I485 based EAD before the first FP? Thank you!
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sukisharma
08-27 08:03 PM
Dear Friends,
Does anybody has information on the current lag between check cashing and getting receipt in the mail?
My check for 485 was cashed on August 20 (process by my bank) and the online case status says receipt was mailed out. But my lawyer has not received it as of today.
Thanks in advance for your reply.
Does anybody has information on the current lag between check cashing and getting receipt in the mail?
My check for 485 was cashed on August 20 (process by my bank) and the online case status says receipt was mailed out. But my lawyer has not received it as of today.
Thanks in advance for your reply.
more...
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ChainReaction
08-08 11:53 AM
Hi ,
Finally after a long wait i heard some good news from my lawyer that my labor from PBEC has been approved.
I have few questions in regards to my H1-B visa extension . The labor that got approved was from my previous company PD March2003 and i also have labor pending for my current company PD Feb2005.
I wanted to apply for three yrs extension on my H1B I will be completing my 5th yr in Feb 15th 2007 and would like to know if i can get 3yr extension after premium processing i-140 bec based on some of the post on IV i came to this conclusion that one has to be in/past their 6th yr term on H1b according to AC21?
Secondly, i would like to know if i can use copy of approved i-140 from my previous company and get 3yrs H1b extension.
Finally after a long wait i heard some good news from my lawyer that my labor from PBEC has been approved.
I have few questions in regards to my H1-B visa extension . The labor that got approved was from my previous company PD March2003 and i also have labor pending for my current company PD Feb2005.
I wanted to apply for three yrs extension on my H1B I will be completing my 5th yr in Feb 15th 2007 and would like to know if i can get 3yr extension after premium processing i-140 bec based on some of the post on IV i came to this conclusion that one has to be in/past their 6th yr term on H1b according to AC21?
Secondly, i would like to know if i can use copy of approved i-140 from my previous company and get 3yrs H1b extension.
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rajesh_kamisetty
06-22 11:31 PM
,,
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Blog Feeds
06-29 03:40 PM
Canadian Immigration Minister Kenney said that Canadian citizenship is more than a legal status, more than a passport. We expect citizens to have an ongoing commitment, connection and loyalty to Canada while introducing a new changes in Canadian Immigrant norms. The main motive behind these changes to prevent citizenship fraud. As promised in the Speech from the Throne, these amendments will streamline the process to take citizenship away from those who have acquired it by fraud, including by concealment of their war crimes. And it would take decision-making away from politicians and give it to the courts.
The proposals in the Strengthening the Value of Canadian Citizenship Act are as follows:
- There are likely to be tough new regulations covering citizenship consultants and tougher measures taken against those who gain Canadian Citizenship fraudulently. This follows on from proposed amendments to the Immigration and Refugee Protection Act relating to immigration consultants � The Cracking Down on Crooked Consultants Act.
- The penalties for citizenship fraud are likely to be increased to a maximum of $100,000 or up to five years in prison or both.
- The intention is to increase the residence requirements so that to gain Canadian citizenship you will have to be physically present in Canada for three of the previous four years.
- In future criminals including violent foreign criminals will be prevented from becoming Canadian citizens.
- The process for revoking citizenship and the removal process will be speeded up. In future decisions on revocations will be made by the Federal Court instead of the Governor in Council.
- Making sure that Canadian law fully implements the first generation limit to passing on citizenship. Generally, Canadians living abroad will only be able to pass on citizenship to one generation. If living abroad the second generation will not normally be able to pass on citizenship to their children. The exception to this will be children of parents who are working for the Canadian Government or a Canadian Province or in the Canadian armed forces.
More... (http://www.visalawyerblog.com/2010/06/recent_changes_to_canadian_cit.html)
The proposals in the Strengthening the Value of Canadian Citizenship Act are as follows:
- There are likely to be tough new regulations covering citizenship consultants and tougher measures taken against those who gain Canadian Citizenship fraudulently. This follows on from proposed amendments to the Immigration and Refugee Protection Act relating to immigration consultants � The Cracking Down on Crooked Consultants Act.
- The penalties for citizenship fraud are likely to be increased to a maximum of $100,000 or up to five years in prison or both.
- The intention is to increase the residence requirements so that to gain Canadian citizenship you will have to be physically present in Canada for three of the previous four years.
- In future criminals including violent foreign criminals will be prevented from becoming Canadian citizens.
- The process for revoking citizenship and the removal process will be speeded up. In future decisions on revocations will be made by the Federal Court instead of the Governor in Council.
- Making sure that Canadian law fully implements the first generation limit to passing on citizenship. Generally, Canadians living abroad will only be able to pass on citizenship to one generation. If living abroad the second generation will not normally be able to pass on citizenship to their children. The exception to this will be children of parents who are working for the Canadian Government or a Canadian Province or in the Canadian armed forces.
More... (http://www.visalawyerblog.com/2010/06/recent_changes_to_canadian_cit.html)
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vnsriv
11-04 10:38 AM
Gurus,
My contract pre-maturly ended on Sep 27, 2008. I was on hourly rate on W2. So far I haven't find any assignment. I don't get paid.
Am I eligible for unemployment benefits. Has anyone claimed this. Are there any future disadvantages if you show unemployment.
Please let me know
Thanks and Regards
My contract pre-maturly ended on Sep 27, 2008. I was on hourly rate on W2. So far I haven't find any assignment. I don't get paid.
Am I eligible for unemployment benefits. Has anyone claimed this. Are there any future disadvantages if you show unemployment.
Please let me know
Thanks and Regards
more...
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immigration_confused
08-02 11:09 PM
Dear friends, i would like to share my experience regarding the earlier post. My brother as i told you had surrendered his I-94 to the airline while departing for canada.
He went to the US immigration at Toronto airport and the officer asked him for his I-94 which he told that airline had taken from him. Officer told that the airline was wrong in doing so and called his superior who told that it was not a problem and they issued him with a new I-94 card with out a problem and he got back into the US.
i guess the lesson is not to panic and carry all your doccuments with you. In summary, automatic visa revalidation works but please do not surrender your old or new I-94 to the ailrine if you are planning to visit canada or mexico for < 30 days.
He went to the US immigration at Toronto airport and the officer asked him for his I-94 which he told that airline had taken from him. Officer told that the airline was wrong in doing so and called his superior who told that it was not a problem and they issued him with a new I-94 card with out a problem and he got back into the US.
i guess the lesson is not to panic and carry all your doccuments with you. In summary, automatic visa revalidation works but please do not surrender your old or new I-94 to the ailrine if you are planning to visit canada or mexico for < 30 days.
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macho
09-05 07:46 PM
Hi,
I am writing here for the first time.
My checks got encashed only for EAD/AP.
I filed concurrently I140/485 and PD is 2006.
Can some one tell if this is normal?
Thanks
I am writing here for the first time.
My checks got encashed only for EAD/AP.
I filed concurrently I140/485 and PD is 2006.
Can some one tell if this is normal?
Thanks
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Karthikthiru
06-26 05:17 PM
The school will have a copy. Call the international office. They will have copy
Karthik
Karthik
thakkarbhav
02-08 09:43 AM
Yes. Perm Resi Card is your green card. You need H1B OR EAD OR GC/Citizenship to work.
Once you become citizen then you do not need GC. You will get US passport which is good enough for work/Travel.
GC is like super user so you can work for any employer in the USA.
I am surprised with your knowledge about GC but it is better to know sooner than later. Regards.
Once you become citizen then you do not need GC. You will get US passport which is good enough for work/Travel.
GC is like super user so you can work for any employer in the USA.
I am surprised with your knowledge about GC but it is better to know sooner than later. Regards.
rbkrao
06-29 10:07 PM
The victim was an immigrant like us and became a naturalized citizen here.
No one knows the motive behind the attack, it is still being investigated.
It was posted here to caution the immigrants of these attacks (just like in Australia).
No one knows the motive behind the attack, it is still being investigated.
It was posted here to caution the immigrants of these attacks (just like in Australia).