go_guy123
03-01 11:40 PM
I am in the same boat as you. I landed in Sep 2006 and have valid Canadian PR till Sep 2011. My 3 year expiry is nearing. And I am really confused with my EB3 India 2004 PD in retro. But also I have gotten married and not applied my wife on my Canadian PR at all. So that is another problem. I intend to voluntarily relinquish my Canadian PR status and then re-apply brand new with my wife this year as US H1B and GC process rules with USCIS is getting weirder by the day.
Also you can absolutely without any problem go and stay for next two years (730 days) before your first PR card expires even though you were out of Canada or were never resident there for first 3 years and retain your Canadian PR status. I know it for sure.
what do mean by "voluntarily relinquish my Canadian PR status and then re-apply brand new with my wife "
To apply for your spouse you need to fine a family based immigration for your wife
The rules have be tightened now. Are you aware of that. So you may not qualify the seocnd time. Also the second time they wont give you the PR
There was a major change in the visa rule in Feb 2008
The setence "visa ficer shall" was changed to "visa officer may"
http://www.cba.org/CBA/sections_Cship/pdf/08-24-eng%5B1%5D.pdf
Also you can absolutely without any problem go and stay for next two years (730 days) before your first PR card expires even though you were out of Canada or were never resident there for first 3 years and retain your Canadian PR status. I know it for sure.
what do mean by "voluntarily relinquish my Canadian PR status and then re-apply brand new with my wife "
To apply for your spouse you need to fine a family based immigration for your wife
The rules have be tightened now. Are you aware of that. So you may not qualify the seocnd time. Also the second time they wont give you the PR
There was a major change in the visa rule in Feb 2008
The setence "visa ficer shall" was changed to "visa officer may"
http://www.cba.org/CBA/sections_Cship/pdf/08-24-eng%5B1%5D.pdf
northstar1
07-26 02:25 PM
My company is going through a merger and it will be complete by third qtr of this year. I already filed my AOS on July 2nd.
I was told by my immigration attorney that if a buyer (new company) takeover all the immigration liabilities then I don't need to file an amendment. Is this correct?
yeah but the question is - assuming your PD becomes current and a visa number is available, will your i-485 be skipped over due to this new successor in interest i-140 pending approval, or is it simply looked at as supporting evidence, since you had a prior approved i-140, and the i-485 is therefore adjudicated.
What i'm trying to figure out is how the successor in interest i-140's are processed.
I was told by my immigration attorney that if a buyer (new company) takeover all the immigration liabilities then I don't need to file an amendment. Is this correct?
yeah but the question is - assuming your PD becomes current and a visa number is available, will your i-485 be skipped over due to this new successor in interest i-140 pending approval, or is it simply looked at as supporting evidence, since you had a prior approved i-140, and the i-485 is therefore adjudicated.
What i'm trying to figure out is how the successor in interest i-140's are processed.
gonecrazyonh4
07-20 02:49 PM
Thanks to all who responded.
jinger
04-02 08:44 PM
I am not surprised at logiclife's or the poll's reply. IV is an ultra-narrow organization that seeks to satisfy the founders' self-interest only. Don't be surprised if they drop you all like a hot potato once their interests are satisfied.
"Immigration Voice" is a misleading name here and a very good cover for raising funds for the founders' self-interest. This talk of making America a better place with their skills does not hold water. They have no concern for other "classes" of immigrants or future immigrants.
"Immigration Voice" is a misleading name here and a very good cover for raising funds for the founders' self-interest. This talk of making America a better place with their skills does not hold water. They have no concern for other "classes" of immigrants or future immigrants.
more...
hejilac1224
09-13 03:41 PM
Has you h1b finally been approved? I' m interested to what happened next as I am now on the same situation. Thanks and GL.
shana04
02-01 06:21 AM
I am planning to use AC21 and would like to change attorney for my 485 (along with my spouse). Please suggest a good immirgation attorney.
Also provide feed back if you have any experience.
I am planning for Rajiv kahanna, even though he is bit expensive.
Thanks in advance.
Also provide feed back if you have any experience.
I am planning for Rajiv kahanna, even though he is bit expensive.
Thanks in advance.
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uslegals
01-27 01:48 PM
We recd. our 485 approval last week and recd. the cards in the mail earlier this week. We were interviewed at the local USCIS for our 485's, 2 weeks ago. It went really smooth and case was approved the same day as the interview.
I would like to whole-heartedly thank IV core and all IV members. This site has been an amazing resource of information & support for us thru our journey. I became a IV member during the July 2007 fiasco. We were there at the IV rally in DC in Sept 2007, have attended local chapter meetings. We will continue to support IV in it's mission.
Thanks everybody.!
EB-II (India)
PD - April 2006
Filed 485 (spouse & myself) - July 2007
485 Approved / Cards recd - January 2011.
I would like to whole-heartedly thank IV core and all IV members. This site has been an amazing resource of information & support for us thru our journey. I became a IV member during the July 2007 fiasco. We were there at the IV rally in DC in Sept 2007, have attended local chapter meetings. We will continue to support IV in it's mission.
Thanks everybody.!
EB-II (India)
PD - April 2006
Filed 485 (spouse & myself) - July 2007
485 Approved / Cards recd - January 2011.
Siddharta
01-11 09:11 PM
I dont think u'd be barred from entering that country again on a tourist visa but another PR? For sure u can forget that.
Why is that? What if I have a job offer from a canadian company and they sponsor me?
Why is that? What if I have a job offer from a canadian company and they sponsor me?
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x1050us
09-25 01:13 PM
I had a similar issue for my son (I attached the check and it appeared that they lost the check) and it can be re-submitted again as long as the receipt date stamped on the rejected application is before retrogression which must be the case for you. But you need to wait for the rejected App.
What did the rejection notice say. Did it mention that checks are missing or did it say right amount was not included. My rejection notice said that the check was not made for $1010.00 But my lawyer says that the returned packet did not have the original checks in it and that the text on the notice is just a catch-all reason.
When did you resubmit it and did you hear any update ?
What did the rejection notice say. Did it mention that checks are missing or did it say right amount was not included. My rejection notice said that the check was not made for $1010.00 But my lawyer says that the returned packet did not have the original checks in it and that the text on the notice is just a catch-all reason.
When did you resubmit it and did you hear any update ?
andycool
12-28 10:10 AM
Hi all...thanks for taking the time to help me out...URGENTLY need advice based on your knowledge or experience...
I'm scheduled to travel to Mumbai via Amsterdam tomorrow morning. I just noticed that my I-94 card is missing (was stapled to my valid H1-B visa). My H1-B visa is valid until August 2011 and I have the original I-797A Notice of Action.
My questions are: (1) Will I be allowed to board the plane going from US to India? What should I say to the airline officer who asks for my I-94 card? , and
(2) Will I have any issues returning back to US? What precautions should I be taking to guard against this?
PS I did some initial research and do not have the time to I-102 since I'm supposed to catch a flight tomorrow.
Any information in the next 12-24 hours would be greatly appreciated.
Thanks all, Vick
Bookmark and Share
Do you still have the I 94 which came with I 797A ?? if you have that just give that i 94
Thanks
I'm scheduled to travel to Mumbai via Amsterdam tomorrow morning. I just noticed that my I-94 card is missing (was stapled to my valid H1-B visa). My H1-B visa is valid until August 2011 and I have the original I-797A Notice of Action.
My questions are: (1) Will I be allowed to board the plane going from US to India? What should I say to the airline officer who asks for my I-94 card? , and
(2) Will I have any issues returning back to US? What precautions should I be taking to guard against this?
PS I did some initial research and do not have the time to I-102 since I'm supposed to catch a flight tomorrow.
Any information in the next 12-24 hours would be greatly appreciated.
Thanks all, Vick
Bookmark and Share
Do you still have the I 94 which came with I 797A ?? if you have that just give that i 94
Thanks
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xstal
01-22 05:18 PM
See this link http://www.uscis.gov/files/nativedocuments/cbo_30sept08.pdf
See Q.18. I think your case is one of the TSC-VSC-TSC or NSC-CSC-NSC transfers. Your attorney needs to follow up with USCIS and USCIS will issue new receipts with the correct receipt dates. Contrary to earlier post, cases are processed per receipt dates, not notice dates. Check your latest 485 receipts for the dates.
"18.Question: There are I-140 and I-485 cases that were originally filed TSC, then transferred to VSC, then transferred back to TSC 3 months later. As a result of the transfer, the original receipt date was replaced with the date of last transfer which is 3 months behind. This causes such cases behind the current processing dates at TSC. What could TSC do to pull those cases forward in the line of cases waiting for processing to correct the problem?
Response: Cases should always retain their original receipt date. If you are aware of cases that lost that date because of work flow transfers, please let us know so we can correct the problem."
per my OP, my physical receipt said my "RECEIPT date" is July 30th.
but the ONLINE status said "it was RECEIVED on Sept 5th"\
I was mainly concern about the wording on the online statis "received on..."
how did you determine I was a NSC-CSC-NSC transfer case from that?
I am a little confused here.
thank you very much
See Q.18. I think your case is one of the TSC-VSC-TSC or NSC-CSC-NSC transfers. Your attorney needs to follow up with USCIS and USCIS will issue new receipts with the correct receipt dates. Contrary to earlier post, cases are processed per receipt dates, not notice dates. Check your latest 485 receipts for the dates.
"18.Question: There are I-140 and I-485 cases that were originally filed TSC, then transferred to VSC, then transferred back to TSC 3 months later. As a result of the transfer, the original receipt date was replaced with the date of last transfer which is 3 months behind. This causes such cases behind the current processing dates at TSC. What could TSC do to pull those cases forward in the line of cases waiting for processing to correct the problem?
Response: Cases should always retain their original receipt date. If you are aware of cases that lost that date because of work flow transfers, please let us know so we can correct the problem."
per my OP, my physical receipt said my "RECEIPT date" is July 30th.
but the ONLINE status said "it was RECEIVED on Sept 5th"\
I was mainly concern about the wording on the online statis "received on..."
how did you determine I was a NSC-CSC-NSC transfer case from that?
I am a little confused here.
thank you very much
prem_goel
06-12 05:00 PM
i got an rfe too. I think its sent to both the attorney and the applicant. They said they mailed the RFE yesterday, so hopefully by early next week I should have it. I am guessing its employment verification due to me filing change-of-address. i know for sure that my ex-employer did not revoke 140.
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Libra
08-10 07:26 AM
well said 53885. When ever i ask people to contribute they are saying am being ridiculous, god help them.
gc4me
05-31 08:18 AM
How can we reach the rest of ~496,000 skilled immigrants who are waiting for their green cards? where are they??
I am not an active IV member but not inactive as well. I called all my retrogressed H1B DESHI friends, talked to my colleagues and reached almost everyone that I known.
Some of them don’t even know what is visa number, when you can apply 485 etc basic things, unbelievable. They are here 3/4/5 years and already applied for LC. (MESSAGE EDITED) It is very difficult to reach them let alone request for donation.
I am not an active IV member but not inactive as well. I called all my retrogressed H1B DESHI friends, talked to my colleagues and reached almost everyone that I known.
Some of them don’t even know what is visa number, when you can apply 485 etc basic things, unbelievable. They are here 3/4/5 years and already applied for LC. (MESSAGE EDITED) It is very difficult to reach them let alone request for donation.
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LOL123
07-30 11:47 AM
Bump >>>>>>>>>>>>>>>>>>>>>
GB2India
08-19 01:09 AM
thanks, it is in the same company and is promotion to manager
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pd052009
09-13 12:31 PM
No meals.. Forced to go on hungry.. As long as politics play, the deserved ones go hungry... :(
reddog
01-23 12:15 PM
As long as you are getting paid for the posistion your H1B co has hired you for, and are getting paystubs to prove that, you are fine.
You had a client and you were getting paid by your H1b employer, now you are getting paid cos you are working for your H1b employer directly. that is how I read it.
Your H1B petitioning company has to give a letter stating your continous employment with them, and that should be good.
PS: Techincally and legally speaking, you are borderline OK, however, with all the facts you have stated, it is illegal for you to be in the US on an H1B.
You had a client and you were getting paid by your H1b employer, now you are getting paid cos you are working for your H1b employer directly. that is how I read it.
Your H1B petitioning company has to give a letter stating your continous employment with them, and that should be good.
PS: Techincally and legally speaking, you are borderline OK, however, with all the facts you have stated, it is illegal for you to be in the US on an H1B.
ups
05-07 02:59 PM
I and my husband both of us lost our passports too. We got it stamped again when we went to India. In between I transferred my h1s also with the copy of lost passport and duplicate passport issued by indian embassy ny office. It wasn't too difficult to get it stamped again from mumbai consulate india.
You might get it stamped from Canada or Mexico. We just didn't want to take risk because we had copy of lost and inside usa we could do all our work(including transferring h1s) with the copy.
Don't worry. It is not that big as it looks. Though indian embassy took 12 months to issue duplicate passport
You might get it stamped from Canada or Mexico. We just didn't want to take risk because we had copy of lost and inside usa we could do all our work(including transferring h1s) with the copy.
Don't worry. It is not that big as it looks. Though indian embassy took 12 months to issue duplicate passport
gcformeornot
05-27 06:37 PM
for Paper filing as there no FP in required.
I worte L1-B as my current immigration status, as I am still working on L1-B and not used EAD. Hope it helps.
I worte L1-B as my current immigration status, as I am still working on L1-B and not used EAD. Hope it helps.
usirit
07-30 11:20 AM
Nixone;
I really hope / wish you don't get audited.
DOL claimed that the newspaper ad was sent to them without the date of it. So we sent them back the whole paper-page where the date is usually printed at the very top with my job ad on it.
Good luck...
I looked at your signature timeline and it says "LC denied due to date missing on ad portion." Could you please clarify what happened? My job ads are running right now for PERM LC and not sure what I need to keep from the newspaper ad.
I have taken screenshots of Job Order, Yahoo HotJobs, Professional Organization, University Placement etc. I hope the screenshots showing the ad and all the dates would be good enough.
Did they send you RFE for all the job ads and is that how they found out the date missing? I did not know people get RFE for job ads. Thanks.
I really hope / wish you don't get audited.
DOL claimed that the newspaper ad was sent to them without the date of it. So we sent them back the whole paper-page where the date is usually printed at the very top with my job ad on it.
Good luck...
I looked at your signature timeline and it says "LC denied due to date missing on ad portion." Could you please clarify what happened? My job ads are running right now for PERM LC and not sure what I need to keep from the newspaper ad.
I have taken screenshots of Job Order, Yahoo HotJobs, Professional Organization, University Placement etc. I hope the screenshots showing the ad and all the dates would be good enough.
Did they send you RFE for all the job ads and is that how they found out the date missing? I did not know people get RFE for job ads. Thanks.
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