glus
05-13 08:26 AM
Dont worry. With proper documentation you can prove that you dont have an immigration intent NOW. What matters is the immigration intent NOW.
Logically NOT filing 485 and LEAVING US for a lengthier period of time itself is a hint towards non-immigration intent. (I agree that USCIS might not always follow the logic).
Obviously you need to show about your strong ties in home country and why you might want to come back.
But the consulate can come-up with their own decision, since "intent" is something which can never be proved 100% . And the officers at consulate are instructed to consider every visa applicant as a possible immigrant.
Morchu,
Logic does not always apply in the States. INA states that "immigrant intent" is proven/shown when and if one files "immigrant petition" or when "immigrant petition" is filed on behalf of a person. Immigrant petition, is "I-130, I-140 or I485" petition. I understand your logic, but INA specifically states what "immigrant intent" is. Thanx.
Logically NOT filing 485 and LEAVING US for a lengthier period of time itself is a hint towards non-immigration intent. (I agree that USCIS might not always follow the logic).
Obviously you need to show about your strong ties in home country and why you might want to come back.
But the consulate can come-up with their own decision, since "intent" is something which can never be proved 100% . And the officers at consulate are instructed to consider every visa applicant as a possible immigrant.
Morchu,
Logic does not always apply in the States. INA states that "immigrant intent" is proven/shown when and if one files "immigrant petition" or when "immigrant petition" is filed on behalf of a person. Immigrant petition, is "I-130, I-140 or I485" petition. I understand your logic, but INA specifically states what "immigrant intent" is. Thanx.
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beibei2929
05-15 01:20 PM
Hi, Guys:
My old H-1b will expire on June 30 2007. My employer has applied the new H-1b extension, but it is still pending. I am planning to go back to my country this summer and try to apply for H-1 visa in US embassy in early June. My question is whether I can apply for H-1 visa using the old one (expire on June 30) while the new one is pending. How long will be my H-1 visa valid (usually 3-month in my country)? Will I get 3-month or till the expirating date(June 30)? Can I come back to US? Many thanks.
My old H-1b will expire on June 30 2007. My employer has applied the new H-1b extension, but it is still pending. I am planning to go back to my country this summer and try to apply for H-1 visa in US embassy in early June. My question is whether I can apply for H-1 visa using the old one (expire on June 30) while the new one is pending. How long will be my H-1 visa valid (usually 3-month in my country)? Will I get 3-month or till the expirating date(June 30)? Can I come back to US? Many thanks.
cinqsit
10-09 05:36 PM
I had filed labor in June 2008 and as per the attorney they havent received any update from DOL. I had requested my employer/attorney to atleast send a screenshot of my status and they say cases that old are hard to pull up on DOL website. Is it really that hard with DOL to login and see the status as compared to USCIS? For my comfort I requested them to send me a screenshot and I am getting stiffed even on that! Can you please answer if attorneys can login to DOL and see the status of any PERM applicant? In this age of electronic media a department as big as DOL doesnt even provide updates to applicants/firms to view their statuses?
Thanks in advance!
you can search for cases filed using start and end date - its nothing fancy or interesting as you might have imagined - if your employer is indeed saying that its hard to pull old cases - its total BS -- either they dont want you to worry or they dont want to divulge your case number
Thanks in advance!
you can search for cases filed using start and end date - its nothing fancy or interesting as you might have imagined - if your employer is indeed saying that its hard to pull old cases - its total BS -- either they dont want you to worry or they dont want to divulge your case number
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ramus
07-06 10:43 AM
It is not easy to ask anything we like. Recapturing visa need bill in both house and senate. IV is working hard on many action items. Please start taking part in all action items asap.
Thanks for your support.
As part of Class action lawsuit can we ask for recapturing of all unused visa numbers? I believe the number is at least 300K, it covers the green cards for 2003, 2004 and 2005. 2006 can go with 2008 quota. So everyone will be happy.
I believe this is the provision we should fight for instead of CIRcus.
What are your thoughts?
Thanks
Sree
Thanks for your support.
As part of Class action lawsuit can we ask for recapturing of all unused visa numbers? I believe the number is at least 300K, it covers the green cards for 2003, 2004 and 2005. 2006 can go with 2008 quota. So everyone will be happy.
I believe this is the provision we should fight for instead of CIRcus.
What are your thoughts?
Thanks
Sree
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willigetgc?
10-11 09:18 AM
Stop watching for VB and start meeting with your Senators!
franklin
07-05 11:04 AM
EB2 ROW has never retrogressed.
It can become unavailable when 140k visas are used for the year
It can become unavailable when 140k visas are used for the year
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gc_on_demand
05-20 10:46 AM
Members
Please participate in this survey.. This will help people who didnot get a chance to file for AOS
Please participate in this survey.. This will help people who didnot get a chance to file for AOS
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speddi
09-12 06:18 PM
Thank you, guys for the input.
When I file for my wife's AP, do I need to add my details to part 9 of her application, since I am the one preparing the documents?
Also, what is the address for Texas Service Center if I want to send it by FedEx or UPS?
When I file for my wife's AP, do I need to add my details to part 9 of her application, since I am the one preparing the documents?
Also, what is the address for Texas Service Center if I want to send it by FedEx or UPS?
more...
piyu7444
03-18 03:41 AM
My husband received a �Transfer Notice� for his I-485 from TSC. This is what the notice says.
"Preliminary Processing of the application has been completed, and it has been transferred to USCIS-NBC, Lee's summit , MO 64064. The office will notify you when they schedule an interview on the application."
Here is brief history.
My PD is July-04 in EB2. I am the primary applicant and I am on H1. My husband was on H4 and now he is on EAD. My I-485 was filed in NSC, and then moved to TSC. Here are my ?s.
1. What is meant by �Preliminary Processing of the application has been completed�? What is completed actually? This is just an indication that most processing is now complete.......it means they did not find any 'technical issue' with your application.
2. I did not receive any such notice so far, is it quite normal? You will also get a notice soon. Usually both (husband-wife) gets the interview letter with a time difference of 15min-30min same date though......
3. Came to US on L1 blanket visa and didn�t submit the approval notices for my husband, since there is no separate approval notices for the dependents coming on L blanket visa. May be is it, because of this? I dont think that is an issue here.........
4. My husband had a DUI in March 2003, and that case was closed. It was a misdemeanor, and not a felony. Is this notice because of my husband�s DUI record? This could be the reason although 'routine interviews' are now happening but you need to take all the court documents and be prepared to explain DUI.5. Also, I raised �Expedite Service Request� twice, because of my husband�s serious heart condition, and faxed the medical letter to uscis as a proof , however this request got rejected both the times. May be, is it to verify the medical condition?. Could be but DUI seems to be more of a reason here.6. Will something related to my AOs be decided based on how we answer. It all depends on how serious USCIS takes the DUI and what kind of IO you encounter. I really can not comment on this....
7. Can I accompany my husband for the interview? You should get an interview letter and hence you will be able to go with your husband. Also you can always take the attorney with you. This helps and you can have your lawyer talk only if it is required (when you need support to answer something or if the IO is some silly rude person - you never know)
I am really concerned about the interview. Please let me know what you know about this.
I have described what to prepare and details can be found at
http://immigrationvoice.org/forum/showthread.php?t=24150&highlight=piyu7444
Thanks.
I hope this helps you. Just prepare everything you can for DUI and also about your job responsibility etc and be calm. Be confident at the interview and all will be good :)
"Preliminary Processing of the application has been completed, and it has been transferred to USCIS-NBC, Lee's summit , MO 64064. The office will notify you when they schedule an interview on the application."
Here is brief history.
My PD is July-04 in EB2. I am the primary applicant and I am on H1. My husband was on H4 and now he is on EAD. My I-485 was filed in NSC, and then moved to TSC. Here are my ?s.
1. What is meant by �Preliminary Processing of the application has been completed�? What is completed actually? This is just an indication that most processing is now complete.......it means they did not find any 'technical issue' with your application.
2. I did not receive any such notice so far, is it quite normal? You will also get a notice soon. Usually both (husband-wife) gets the interview letter with a time difference of 15min-30min same date though......
3. Came to US on L1 blanket visa and didn�t submit the approval notices for my husband, since there is no separate approval notices for the dependents coming on L blanket visa. May be is it, because of this? I dont think that is an issue here.........
4. My husband had a DUI in March 2003, and that case was closed. It was a misdemeanor, and not a felony. Is this notice because of my husband�s DUI record? This could be the reason although 'routine interviews' are now happening but you need to take all the court documents and be prepared to explain DUI.5. Also, I raised �Expedite Service Request� twice, because of my husband�s serious heart condition, and faxed the medical letter to uscis as a proof , however this request got rejected both the times. May be, is it to verify the medical condition?. Could be but DUI seems to be more of a reason here.6. Will something related to my AOs be decided based on how we answer. It all depends on how serious USCIS takes the DUI and what kind of IO you encounter. I really can not comment on this....
7. Can I accompany my husband for the interview? You should get an interview letter and hence you will be able to go with your husband. Also you can always take the attorney with you. This helps and you can have your lawyer talk only if it is required (when you need support to answer something or if the IO is some silly rude person - you never know)
I am really concerned about the interview. Please let me know what you know about this.
I have described what to prepare and details can be found at
http://immigrationvoice.org/forum/showthread.php?t=24150&highlight=piyu7444
Thanks.
I hope this helps you. Just prepare everything you can for DUI and also about your job responsibility etc and be calm. Be confident at the interview and all will be good :)
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vactorboy29
02-19 06:59 PM
Anybody?
I think if you have H1b sponsor and lucky to get in H1b quota then I don�t see any problem. Your GC is for your future employer. Check with ur legal consultant.
I think if you have H1b sponsor and lucky to get in H1b quota then I don�t see any problem. Your GC is for your future employer. Check with ur legal consultant.
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crystal
02-14 07:49 PM
You cannot jump to EAD unless you file ur wife I-485 . Before that if you jump to EAD , your wife has to leave the country as she become out of status as you are no more on H1b.
ok, what would be my future wife status in case i jump to EAD after bringing her here on H4. i cant add her to 485 unless PD is current
please advice
ok, what would be my future wife status in case i jump to EAD after bringing her here on H4. i cant add her to 485 unless PD is current
please advice
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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
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GCard_Dream
07-28 03:59 PM
I am planning a family trip to Mexico for few days and would like to get some suggestion or personal experience on how to re-enter to United States. Here is my situation:
Wife has a valid H4 stamp in her passport which is good for another year. We also applied for travel document after we filed for I-485 but she has never used that travel document. Now the question is what do we use for her, H4 or travel doc, when we re-enter US from Mexico? I can't think of any reason why she shouldn't be able to use her H4 to re-enter but the fact that she also has a travel document, will the officer require her to use travel doc and enter and parole. In that case, does she lose her H4 status and just become a parole or should she not even show the travel doc and just the H4.
Any help will be very much appreciated.
Wife has a valid H4 stamp in her passport which is good for another year. We also applied for travel document after we filed for I-485 but she has never used that travel document. Now the question is what do we use for her, H4 or travel doc, when we re-enter US from Mexico? I can't think of any reason why she shouldn't be able to use her H4 to re-enter but the fact that she also has a travel document, will the officer require her to use travel doc and enter and parole. In that case, does she lose her H4 status and just become a parole or should she not even show the travel doc and just the H4.
Any help will be very much appreciated.
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ronhira
10-17 04:49 PM
A message from President Obama too.
The White House - Blog Post - Diwali Wishes From President Obama (http://www.whitehouse.gov/blog/Diwali-Wishes-From-President-Obama/)
who cares...... well..... 'ignorant' 'inward looking' 'large ego' 'nothing to ask' 'nothing to do' desi care.....
what difference does it make if google has an icon or wh/obama send a message on dewali...... its only symbolism..... not a cent more...... few jerks will claim "victory" for getting wh lights..... but does it help even a single soul with his/her problems...... absolutely not..... so don't tell me that google icon of dewali or lights in wh has any relevance..... this topic is for those who have no real issue to talk and no real problem in life...... but are simply busy stroking their own inward looking large egos....... anybody disagree? ...... guess not.....
The White House - Blog Post - Diwali Wishes From President Obama (http://www.whitehouse.gov/blog/Diwali-Wishes-From-President-Obama/)
who cares...... well..... 'ignorant' 'inward looking' 'large ego' 'nothing to ask' 'nothing to do' desi care.....
what difference does it make if google has an icon or wh/obama send a message on dewali...... its only symbolism..... not a cent more...... few jerks will claim "victory" for getting wh lights..... but does it help even a single soul with his/her problems...... absolutely not..... so don't tell me that google icon of dewali or lights in wh has any relevance..... this topic is for those who have no real issue to talk and no real problem in life...... but are simply busy stroking their own inward looking large egos....... anybody disagree? ...... guess not.....
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hi_mkg
05-08 03:31 AM
I believe the same post sounds some what fishy, check this guys posts all the way back from 07 to till now.
posts (http://immigrationvoice.org/forum/search.php?searchid=1654575)
USCIS going all the way back to 1999, that too dependent's I-94 card which has a month expired.
Why on earth an attorney didn't suggested to use nunc pro trunc which facilitates saying person is maintaining legal status after the recent entry.
What is your problem mister? What will a person get here to post a fishy message? If you can not offer any help then it is better to read and ignore. Instead of hurting someones feeling. I guess you do not understand how does it feel when some one tells you " you will be thrown out from this country with in few days after spending 10 yrs here".
Any way Good luck to you for your GC!!! and I wish that you will not face this kind of pain of rejection.
Though, I'm really sorry to see such kind of arrogant and bad-mouth people in this forum.
posts (http://immigrationvoice.org/forum/search.php?searchid=1654575)
USCIS going all the way back to 1999, that too dependent's I-94 card which has a month expired.
Why on earth an attorney didn't suggested to use nunc pro trunc which facilitates saying person is maintaining legal status after the recent entry.
What is your problem mister? What will a person get here to post a fishy message? If you can not offer any help then it is better to read and ignore. Instead of hurting someones feeling. I guess you do not understand how does it feel when some one tells you " you will be thrown out from this country with in few days after spending 10 yrs here".
Any way Good luck to you for your GC!!! and I wish that you will not face this kind of pain of rejection.
Though, I'm really sorry to see such kind of arrogant and bad-mouth people in this forum.
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belmontboy
01-12 06:05 PM
Its official - "FloridaSun is a moron"!
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vasudevan_c
02-15 09:25 AM
Yes, it is possible because H1-B is a dual intent visa.
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gcgreen
08-14 01:57 PM
One of the things I have heard explicitly from folks in India is: Come here first, then apply. They are typically unsure of folks who want to return until they actually do it. Leaving the US is not easy. From thought to action is difficult :-)
This topic may be a bit counterproductive to what we've set to achieve as IVians but I hope folks see this in a true light. I could have set the title 'Return to Homeland', in my case its Return to India, hence the title.
I have been here for the past 9 years and as days progressed, my heart is back home. I may be closer than I ever was to get a GC but it seems I am to a point where I really want to give a shot to R2I. Reasons are several and are probably alike to several of yours. Family, Support and the whole other 9 yards..
That said, finding jobs back home while you are here in US seem not the easiest. I have seen a few in Google/Microsoft but I suppose there are many more. I am looking to return to Hyderabad. The reason why I am posting this here to is to seek help. If you or your friends work for companies that are looking for experienced managers to R2I, I would appreciate if you could post it here or PM me.
I am looking to R2I early next year but if the right opportunity comes along, I cud do it sooner than that. Thanks.
This topic may be a bit counterproductive to what we've set to achieve as IVians but I hope folks see this in a true light. I could have set the title 'Return to Homeland', in my case its Return to India, hence the title.
I have been here for the past 9 years and as days progressed, my heart is back home. I may be closer than I ever was to get a GC but it seems I am to a point where I really want to give a shot to R2I. Reasons are several and are probably alike to several of yours. Family, Support and the whole other 9 yards..
That said, finding jobs back home while you are here in US seem not the easiest. I have seen a few in Google/Microsoft but I suppose there are many more. I am looking to return to Hyderabad. The reason why I am posting this here to is to seek help. If you or your friends work for companies that are looking for experienced managers to R2I, I would appreciate if you could post it here or PM me.
I am looking to R2I early next year but if the right opportunity comes along, I cud do it sooner than that. Thanks.
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jonty_11
12-13 04:04 PM
I am sure if Guest Woroker Programs and hence CIR is enacted...there will be a free for all...illegals scrambling to ge their Tax etc in place so that they wont be deported. Hopefully they are not allowed to file for PR so soon that there is a even bigger queue for I485...and even CIR ends up providing no relief to us.
tb2904
03-27 09:13 AM
Nothing wrong with sharing happiness :)
...proves to who?? Would we be just making ourselves happy??
...proves to who?? Would we be just making ourselves happy??
maddipati1
02-04 05:48 PM
i have applied for AP 3 months back for myself (primary) and my wife. we got wife's AP 3 weeks back. not even LUD on mine. so i faxed expedite request on Jan26th.
Got a letter 2 days back saying,
' this aknowledges ur expedite fax. we have been unable to locate any record of a decision made on ur case. if u desire, u can file a duplicate application'.
they asked to send dup application with a 'Attention: Do not open in mailroom, deliver to co-ord supervisor'.
they also enclosed an bright orange letter for expedite proc and asked me to place on top.
the header of this orange letter reads 'Attachment 4: NSC has determined that ur appl previously submitted cannot be located :-( therefore u r requested to file a duplicate'.
im guessing in the pile of apps, they couldnt fetch mine :-(
i kinda ignored this letter and been preparing for H1 stamping back home. took VFS appointment, plane tix, what not.
to top all this, yesterday there was soft LUD on my case and again another one today.
so i am guessing they located my application and started working on it.
i have seen in case of my wife's AP and another one on the forum, few days before AP approval, u get soft LUDs 3/4 times and then the status changes to 'document mailed to applicant'.
while i still have H1 back-up plan, im hoping my AP will get approved in 2/3 days.
Got a letter 2 days back saying,
' this aknowledges ur expedite fax. we have been unable to locate any record of a decision made on ur case. if u desire, u can file a duplicate application'.
they asked to send dup application with a 'Attention: Do not open in mailroom, deliver to co-ord supervisor'.
they also enclosed an bright orange letter for expedite proc and asked me to place on top.
the header of this orange letter reads 'Attachment 4: NSC has determined that ur appl previously submitted cannot be located :-( therefore u r requested to file a duplicate'.
im guessing in the pile of apps, they couldnt fetch mine :-(
i kinda ignored this letter and been preparing for H1 stamping back home. took VFS appointment, plane tix, what not.
to top all this, yesterday there was soft LUD on my case and again another one today.
so i am guessing they located my application and started working on it.
i have seen in case of my wife's AP and another one on the forum, few days before AP approval, u get soft LUDs 3/4 times and then the status changes to 'document mailed to applicant'.
while i still have H1 back-up plan, im hoping my AP will get approved in 2/3 days.
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