gc_chahiye
08-15 05:32 AM
Hi,
I'm considering relocating back to India after getting my EAD since I don't know how long it's going to take to actually get the I-485 approved. My questions are:
1) Is it possible to continue to keep my I-485 application active if I relocate to India and work at the India office of the same company that filed my green card?
yes. Remember again: GC is for future job.
2) Is it possible to continue to keep my I-485 application active if I relocate to India and work for a company other than the one that filed my green card?
yes, provided you stayed with this company for atleast 180 days and have another employer here with whom you are using AC21 (ie. he will provide a future employment letter to USCIS in case you get an RFE.
3) Lets say I move back to India after getting the green card, is it enough to simply enter the US once a year to keep my green card active? Can I apply for citizenship after 5 years of having the green card, even though I haven't resided in the US for those 5 years?
you typically need to visit every 6 months, pay all taxes here and if possible maintain residence here. YOu will also typically apply for a re-entry permit when you leave like this for short-term to India. I believe REPs are granted for upto 2 years at a time. What you are trying here (stay outside the US for long periods after getting GC) is potentially risky for your GC.
I'm considering relocating back to India after getting my EAD since I don't know how long it's going to take to actually get the I-485 approved. My questions are:
1) Is it possible to continue to keep my I-485 application active if I relocate to India and work at the India office of the same company that filed my green card?
yes. Remember again: GC is for future job.
2) Is it possible to continue to keep my I-485 application active if I relocate to India and work for a company other than the one that filed my green card?
yes, provided you stayed with this company for atleast 180 days and have another employer here with whom you are using AC21 (ie. he will provide a future employment letter to USCIS in case you get an RFE.
3) Lets say I move back to India after getting the green card, is it enough to simply enter the US once a year to keep my green card active? Can I apply for citizenship after 5 years of having the green card, even though I haven't resided in the US for those 5 years?
you typically need to visit every 6 months, pay all taxes here and if possible maintain residence here. YOu will also typically apply for a re-entry permit when you leave like this for short-term to India. I believe REPs are granted for upto 2 years at a time. What you are trying here (stay outside the US for long periods after getting GC) is potentially risky for your GC.
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gumpena
08-03 10:16 PM
USCIS press release states that it has issued I-485 receipts upto July 11 2007
and for Texas upto June 26, 2007
and for Texas upto June 26, 2007
Kbuzzer
02-04 05:16 PM
I want a part of this to! :-/ I'm a teen too! I'm good at flash, dreamweaver, photoshop, and designing. Plz let me be in the "group" as that other person said it waz, plz.:D
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vaishnavilakshmi
09-27 03:49 PM
Whoever has already attended FP, did the FP officer ask for 485 receipt also along with FP Notice.
I received FP Notice, but didnot receive receipts. I have the FP appointment tomorrow.
Thanks
No,
they did not ask us anything about any reciepts.U need to carry the ASC(FP) notice and photo identity.Thats all.!
goodluck,
vaishu
I received FP Notice, but didnot receive receipts. I have the FP appointment tomorrow.
Thanks
No,
they did not ask us anything about any reciepts.U need to carry the ASC(FP) notice and photo identity.Thats all.!
goodluck,
vaishu
more...
roseball
07-27 12:43 AM
I am on 9th Year H1 extension and my H1 will expire in end of September 2009.My Labor got approved in 2007 So, I filed I140 and I-485 concurrently. But My I-140 got denied which filed with concurrent then Lawyer appealed as Motion to Reopen the I-140 which got denied and lawyer filed another I-140 as a brand new.
So there are 2 I-140's with the USCIS.
Recently I got intended to Deny like ability to pay query with the Second I-140 case, then lawyer answered the query and filed in premium this one got denied after a week.
Again, First I-140 which lawyer did Motion to Reopen this one also denied from the USCIS but the lawyer appealed this one.
Infact I recently travelled to india and came back on Advance Parole before all this denial happend.
Now, I filed my H1B extension , What will happen to the H1 extension ?
and What is my status now?
Can I tranfer my H1 and file the labor entirely new with the new company eventhough I am in the 9th year extension?
Any help would appreciate
Thanks
Reddy
Though you entered US on AP, since you are continuing working for the same employer on H1, you are still considered to be maintaining H1 status. Your H1 extension will probably get approved (assuming you submitted all supporting docs required for H1) for 1 yr based on your pending I-140 appeal. Your H1 extension will still be valid for its duration even if your appeal gets rejected after you get the H1 approval. So you can continue working for the same employer till H1 expires.
Regarding moving to a new employer and starting the GC process from scratch..You will have to find a new employer and transfer your H1 while your I-140 appeal is still in process. You will get the extension for 1 yr. Then you will have to get your PERM and I-140 approved before your H1 from the new employer expires, so you can get it extended for 3 yrs based on I-140 approval....You should consult an experienced attorney on your plan of action as time is critical for you..Good luck.
So there are 2 I-140's with the USCIS.
Recently I got intended to Deny like ability to pay query with the Second I-140 case, then lawyer answered the query and filed in premium this one got denied after a week.
Again, First I-140 which lawyer did Motion to Reopen this one also denied from the USCIS but the lawyer appealed this one.
Infact I recently travelled to india and came back on Advance Parole before all this denial happend.
Now, I filed my H1B extension , What will happen to the H1 extension ?
and What is my status now?
Can I tranfer my H1 and file the labor entirely new with the new company eventhough I am in the 9th year extension?
Any help would appreciate
Thanks
Reddy
Though you entered US on AP, since you are continuing working for the same employer on H1, you are still considered to be maintaining H1 status. Your H1 extension will probably get approved (assuming you submitted all supporting docs required for H1) for 1 yr based on your pending I-140 appeal. Your H1 extension will still be valid for its duration even if your appeal gets rejected after you get the H1 approval. So you can continue working for the same employer till H1 expires.
Regarding moving to a new employer and starting the GC process from scratch..You will have to find a new employer and transfer your H1 while your I-140 appeal is still in process. You will get the extension for 1 yr. Then you will have to get your PERM and I-140 approved before your H1 from the new employer expires, so you can get it extended for 3 yrs based on I-140 approval....You should consult an experienced attorney on your plan of action as time is critical for you..Good luck.
AtulKRaizada
07-18 08:07 PM
Hello Atul
I agree only crying baby gets milk.
But only lucky applicants get green card :). Its not based on eligibility alone.
Now about protests and demonstrations. I dont think it will work in the US for a myriad of reasons.
I think every year about 30K or more people are coming from India
on H1B. I think half of them apply for GC. At least 200K Indian nationals
alone waiting in the line for GC. Why IV has only 5k? We should have atlease 50K members.
A working plan would be get atleast 100K people to our organization and have everybody contribute $100. That would give us $10Million. We can hire top people and companies to get it done. And donate big funds to these politician.
What I told is just a dream. Most of us here are free riders. In my company there are 5 people who are affected. I'm the only who checks regulary this site. I have to tell them again and again and again to send a fax or donate.
So what to do?
thanks
babu
I agree and I am also fully aware of the numbers, but just don't limit it to we Indians, every immigrant irrespective of origin is impacted. I hate to call it a donation, I rather say everybody contribute as much as possible. $100 is nothing compared to immigration fee and extortion by attorneys and consulting companies.
Somebody has to come forward and show leadership. Just sitting and waiting for every month Visa Bulletin is not going to take us anyware.
I agree only crying baby gets milk.
But only lucky applicants get green card :). Its not based on eligibility alone.
Now about protests and demonstrations. I dont think it will work in the US for a myriad of reasons.
I think every year about 30K or more people are coming from India
on H1B. I think half of them apply for GC. At least 200K Indian nationals
alone waiting in the line for GC. Why IV has only 5k? We should have atlease 50K members.
A working plan would be get atleast 100K people to our organization and have everybody contribute $100. That would give us $10Million. We can hire top people and companies to get it done. And donate big funds to these politician.
What I told is just a dream. Most of us here are free riders. In my company there are 5 people who are affected. I'm the only who checks regulary this site. I have to tell them again and again and again to send a fax or donate.
So what to do?
thanks
babu
I agree and I am also fully aware of the numbers, but just don't limit it to we Indians, every immigrant irrespective of origin is impacted. I hate to call it a donation, I rather say everybody contribute as much as possible. $100 is nothing compared to immigration fee and extortion by attorneys and consulting companies.
Somebody has to come forward and show leadership. Just sitting and waiting for every month Visa Bulletin is not going to take us anyware.
more...
rogerdepena
07-17 09:53 PM
Excellent. I am new in this cage..but I am proud to be here. I will definetly donate generously for 4 core for future lobbying. Also I would think..we need 2 avoid anti-immigration media such as CNN etc. I saw WSJ, Business Week, CNBC(Brian William news at 6.30), CNBC Maria, Washington post, New york time and some other local news paper helping us with covergae on this issue. We shouldn't be helping Lou dobb's kind of guys to boost his ratings. I decided to stay away from that chap!! and CNN. I know many of my friends regulary watch CNN and I advised everyone to switch to other channel..what u guys think. Once again congts all.. sleep well and enjoy..
good idea. i stopped watching CNN since I've watched Lou Dobbs. I can't stand Lou Dobbs, he's a creature of hate. CNN should have the moral sense of firing Lou Dobbs. I guess CNN ASIA is totally a different animal, nevertheless I am not patronizing any CNN affiliated companies. Boycott them and spread the word.
good idea. i stopped watching CNN since I've watched Lou Dobbs. I can't stand Lou Dobbs, he's a creature of hate. CNN should have the moral sense of firing Lou Dobbs. I guess CNN ASIA is totally a different animal, nevertheless I am not patronizing any CNN affiliated companies. Boycott them and spread the word.
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validIV
03-24 12:51 PM
Technically if you lose employment in H-1 you are out of status, although there is an informal grace period that everyone here interprets differently.
How long have you been unemployed?
How long have you been unemployed?
more...
apoojo
08-24 02:01 AM
Thanks for the reply, hibworker.
Jaggu bhai - in reply to your post: Yes, switch your wife to F1. One primary reason (apart from the ones mentioned above) is by shifting to F1, she is not using up the 6 years available on a 'H' visa. I believe even if you are H4, its counted against you. Once she graduates and moves to an H1, she gets more time on the visa than she would if she stays on H4. As can be concluded from hibworker's post, if (and a BIG IF here) the priority date should become current when she is on F1, she can still ride on your GC filing.
Jaggu bhai - in reply to your post: Yes, switch your wife to F1. One primary reason (apart from the ones mentioned above) is by shifting to F1, she is not using up the 6 years available on a 'H' visa. I believe even if you are H4, its counted against you. Once she graduates and moves to an H1, she gets more time on the visa than she would if she stays on H4. As can be concluded from hibworker's post, if (and a BIG IF here) the priority date should become current when she is on F1, she can still ride on your GC filing.
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vavuvya
11-18 12:07 PM
You will not know until I-140 is filed as the preference category is requested on I-140 and not on the PERM.
Hi,
Yesterday i have received I-140 notice from my advocate and it is containg the below info.Can someone help me out is it for EB2 or EB3.
Notice Type : Premium Processing Receipt notice
Amount Received : $ 1475.00
Section : Mem of profession w/adv deg,or of exceptn'l ability
Sec .203(b)(2)
Can some one please helpme out in this regard.
Thanks in Advance,
Vavuvya.
Hi,
Yesterday i have received I-140 notice from my advocate and it is containg the below info.Can someone help me out is it for EB2 or EB3.
Notice Type : Premium Processing Receipt notice
Amount Received : $ 1475.00
Section : Mem of profession w/adv deg,or of exceptn'l ability
Sec .203(b)(2)
Can some one please helpme out in this regard.
Thanks in Advance,
Vavuvya.
more...
irrational
06-18 08:28 PM
My I-486 Receipt Notice was lost in mail. So I don't have the Receipt notice to send.
This is for an EAD Renewal.
Is it ok if I don't send the I-485 Receipt copy ?
-Bipin
This is for an EAD Renewal.
Is it ok if I don't send the I-485 Receipt copy ?
-Bipin
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redcard
05-20 10:39 AM
and your question is?
how can she get a Green Card..
how can she get a Green Card..
more...
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willigetagc
08-15 08:33 AM
because many of the IOs are dumb high school grads with some additional training. They have been told that 2006 is current and so they pick all and only 2006.
is there any way we can get DOS to specifically state that 2006 and all prior years ARE CURRENT instead of just throwing out a current PD in a VB?
Thankfully, not all IOs are so dumb, hence the few pre-2006 approvals. What else could explain this anomaly..... :mad:
is there any way we can get DOS to specifically state that 2006 and all prior years ARE CURRENT instead of just throwing out a current PD in a VB?
Thankfully, not all IOs are so dumb, hence the few pre-2006 approvals. What else could explain this anomaly..... :mad:
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krishnam70
03-25 07:55 PM
-
Are you serious? Is this a serious question? why did u edit all your posts?
- cheers
kris
Are you serious? Is this a serious question? why did u edit all your posts?
- cheers
kris
more...
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Raj Iyer
09-23 03:58 PM
You need an I-140 approval notice. If not, type in the receipt no on USCIS website and obtain the status update which will state that the petition is approved, and see if they accept it. I can't guarantee that that they will accept it., but I have used it in the past in another scenario (MTR) and they have accepted it.
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dba9ioracle
09-22 12:37 PM
If employer is asking pay cut becuase he is in trouble, you should change the job. I don't think he will do anything (or pay you douple), if you are in trouble even if he is making good money. Move on..
more...
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QuietFlowsTheDon
06-03 01:36 AM
Since i had to spend US $ 70 on passportport photos during july 2007 filing, i wrote my own app to format passport photos. some of my my friends and i used it for filing AP the last couple years. i can email it to any of you if you want it. just PM me.
you would need .NET framework(minimum version 2.0) to run it.
it supports indian passport photos too (3.5 cm by 4.5 cm) :)
you would need .NET framework(minimum version 2.0) to run it.
it supports indian passport photos too (3.5 cm by 4.5 cm) :)
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vaishnavilakshmi
09-27 02:56 PM
Hi,
Take the fp notice addressed to u which u got by mail.Lawyer's copy will have his address on it.Lawyer's copy is only an alternative if u do not recieve ur fp notice.When u have the original,u take urs !Cool!
Goodluck,
vaishu
Take the fp notice addressed to u which u got by mail.Lawyer's copy will have his address on it.Lawyer's copy is only an alternative if u do not recieve ur fp notice.When u have the original,u take urs !Cool!
Goodluck,
vaishu
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reddy_h
08-20 09:57 PM
just ignore H-1. you need not worry as you filed AOS. you need the H-1 approval only if you want to keep maintaining H-1 status by filing H-1 transfer with your new employer otherwise you can just ignore the H-1 you already filed. if you still want to revoke the H-1 petition, only your employer can do it as it is your company's petition.
devikas81
06-19 03:44 PM
I am on similar situation....I really appreciate if someone can advise on it...
Thanks in advance...
Thanks in advance...
kanshul
02-01 09:50 AM
OK, there is still one important thing missing. Did you file for I485? You could have filed in July 07.


