ivar
02-12 02:00 PM
To Whom It May Concern:
My H1B expires in July 2010 so I would have to start the PERM process now. In this current economic downturn it seems that it will be extremely difficult to get PERM certified. I also have a Permanent Residence to Canada. My current US employer would be willing to let me go to Canada for 1 year (and work for him remotely) so my H1B clock resets and then reapply for a fresh 6 years of H1B after I came back.
What would be your advice: go to Canada and wait 1 year and then come back on H1B and apply for GC once things get better or risk it now and start PERM in this time? Please note that I live in New York City so it is even harder to get PERM as there are so many people here. I would like to apply in EB2 category.
Please advise.
Thank you so much for your time!
H1b visa gets over on the first day when it opens. So there is no assurance that after resetting your clock by staying outside you will be able to enter again on H1b. You would be luck if your next H1b application gets selected in the lottery.
Thanks,
R.
My H1B expires in July 2010 so I would have to start the PERM process now. In this current economic downturn it seems that it will be extremely difficult to get PERM certified. I also have a Permanent Residence to Canada. My current US employer would be willing to let me go to Canada for 1 year (and work for him remotely) so my H1B clock resets and then reapply for a fresh 6 years of H1B after I came back.
What would be your advice: go to Canada and wait 1 year and then come back on H1B and apply for GC once things get better or risk it now and start PERM in this time? Please note that I live in New York City so it is even harder to get PERM as there are so many people here. I would like to apply in EB2 category.
Please advise.
Thank you so much for your time!
H1b visa gets over on the first day when it opens. So there is no assurance that after resetting your clock by staying outside you will be able to enter again on H1b. You would be luck if your next H1b application gets selected in the lottery.
Thanks,
R.
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karan2004m
01-05 05:38 PM
I am not an expert but i can tell u confidently that he can get a jail term for sure with these wordings... this is totally illegal and is just to scare you so that you should not leave the firm..
pappu
07-12 02:59 PM
I got different answers from Khanna and Murthy.
Khanna office saying we can apply for 485 with old priority date(140 will be approved with new pritority date), murthy office said it's better to get 140 approval with old priority date and then go for 485.
check with your attorney.
when you file for the 485 you can use old priority date. priority dates can be transferred if old 140 was approved and you changed the company to restart the process all over again.
Khanna office saying we can apply for 485 with old priority date(140 will be approved with new pritority date), murthy office said it's better to get 140 approval with old priority date and then go for 485.
check with your attorney.
when you file for the 485 you can use old priority date. priority dates can be transferred if old 140 was approved and you changed the company to restart the process all over again.
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chi_shark
05-07 11:21 PM
Hi Friends,
Recently, my brother's wife got GC-rejection. Though, my brother has already received his GC. The reason is : her status was invalid for a month in US. She got different I-94 expiration date than him during her first visit in 1999, though they landed here together. But, her I-94 expired earlier than my brother and he extended her Visa based on his I-94 expiration date. My brother did not realize it until now.
What are her option now? The attorney is applying for re-consideration based on husband & kids status (US born), but, they said chances of the acceptance are very slim. They are well settled here. Now, they need to go back to India just because of her GC-rejection. And of course she can not come back here again unless she applies for H1-B. This is very devastating for them after living here for more than 10 yrs.
Has anyone faced similar situation earlier. I guess it is a very common mistake and there must be some solution. Please share your thoughts/experience.
Thanks,
hi_mkg
i am thinking that this is a liar's post... i am very surprised that USCIS went to extent of finding H4 inconsistencies and denying a dependent GC... that would take the cake... it makes it sound like USCIS is out to catch people with the smallest slightest mistakes... i do not think that is the case...
Recently, my brother's wife got GC-rejection. Though, my brother has already received his GC. The reason is : her status was invalid for a month in US. She got different I-94 expiration date than him during her first visit in 1999, though they landed here together. But, her I-94 expired earlier than my brother and he extended her Visa based on his I-94 expiration date. My brother did not realize it until now.
What are her option now? The attorney is applying for re-consideration based on husband & kids status (US born), but, they said chances of the acceptance are very slim. They are well settled here. Now, they need to go back to India just because of her GC-rejection. And of course she can not come back here again unless she applies for H1-B. This is very devastating for them after living here for more than 10 yrs.
Has anyone faced similar situation earlier. I guess it is a very common mistake and there must be some solution. Please share your thoughts/experience.
Thanks,
hi_mkg
i am thinking that this is a liar's post... i am very surprised that USCIS went to extent of finding H4 inconsistencies and denying a dependent GC... that would take the cake... it makes it sound like USCIS is out to catch people with the smallest slightest mistakes... i do not think that is the case...
more...
chitra
02-26 01:50 PM
Phani, looks like you do not know your immigration lingo....read up on it, and if you do not have anything constructive to contribute, please do not contribute at all.
sk.aggarwal
07-23 10:45 AM
Moonrah,
I am in exact same situation as you. My 5 yrs on H1 are completing on December 2009 and have around 4 months outside US. We are expecting lay offs in a month or two, I am planning to wait it out and use this time to prepare for the interviews. I reached out to couple of consultants to do my GC as future employee but could not find any one. If anyone knows of someone who can help me please suggest.
Thanks
I am in exact same situation as you. My 5 yrs on H1 are completing on December 2009 and have around 4 months outside US. We are expecting lay offs in a month or two, I am planning to wait it out and use this time to prepare for the interviews. I reached out to couple of consultants to do my GC as future employee but could not find any one. If anyone knows of someone who can help me please suggest.
Thanks
more...
redcard
09-13 02:33 PM
Started this thread just to encourage us after oct bulletin:
We know that unless a bill is passed (SKIL), retrogression issue cant be solved. It is not an easier task to accomplish but a task that needs more courage and efforts. Each time when we see the visa bulletin with no movement in dates, we feel more depressed but we should always remember this, no matter how many times we fall or pushed back, our goal is to get up and move with more strength. Now everyone is going through tough phases of life in one way or the other. This is not new for us, we have dealt this type of problems before.
As people say: "good things will happen to those who wait". Our team efforts (in IV), our hard work and prayers will definitely move the mountains. All we need now is faith and patience so that we can put focussed efforts to pass this SKIL bill by end of this year. Soon we will find ways to achieve this.
After october visa bulletin.. start predictions for Nov Bulletin or may be for Oct 2007 bulletin..:D
We know that unless a bill is passed (SKIL), retrogression issue cant be solved. It is not an easier task to accomplish but a task that needs more courage and efforts. Each time when we see the visa bulletin with no movement in dates, we feel more depressed but we should always remember this, no matter how many times we fall or pushed back, our goal is to get up and move with more strength. Now everyone is going through tough phases of life in one way or the other. This is not new for us, we have dealt this type of problems before.
As people say: "good things will happen to those who wait". Our team efforts (in IV), our hard work and prayers will definitely move the mountains. All we need now is faith and patience so that we can put focussed efforts to pass this SKIL bill by end of this year. Soon we will find ways to achieve this.
After october visa bulletin.. start predictions for Nov Bulletin or may be for Oct 2007 bulletin..:D
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FinalGC
08-15 09:28 AM
I used to work for Claremont Tech and later CBSI purchased them. CBSI had to do a transfer of H1b and I did get a new H1 Make sure you follow up with your lawyers and have them do a new h1. Also keep all records like newspaper clippings and web postings of this new purchase, so that if ever you need to prove to USCIS that you are in the same company, you would have all documentation to prove it.
I would wait for sometime, until the dust settles in your new B company before you move to C
I would wait for sometime, until the dust settles in your new B company before you move to C
more...
factoryman
06-18 05:56 PM
what you are looking. Come out of the secret location and give some hints. Are you in Montana? Just kidding.
I am not getting any appointment in June with any doctor within 60 miles from my place. So I took an appointment with a doc 70+ miles away for end of june. The only problem is I need to go twice 70 miles one way. The clinic suggested I do the blood work in nearby county clinic, but the county clinic wants 7-10 days to get results of blood work. I asked them for HIV and Sephallius test to be done. I already got TB Skin test(tested negative) done at county clinic.
Can someone please tell what all blood tests need to be done, so I can check if any other doctor can do the blood work and I can save one 70 mile trip . Thanks.
I am not getting any appointment in June with any doctor within 60 miles from my place. So I took an appointment with a doc 70+ miles away for end of june. The only problem is I need to go twice 70 miles one way. The clinic suggested I do the blood work in nearby county clinic, but the county clinic wants 7-10 days to get results of blood work. I asked them for HIV and Sephallius test to be done. I already got TB Skin test(tested negative) done at county clinic.
Can someone please tell what all blood tests need to be done, so I can check if any other doctor can do the blood work and I can save one 70 mile trip . Thanks.
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bharol
01-12 01:56 AM
I have Canadian GC since 2.9 years ago. I have to move to Canada in the next 2-3 months in order to maintain it. Should I move? I have stable job in US. I mostly thought I would have received my US GC by now. Is there any legal implications if I don't move. Do I just have to mail my canadian GC back to canadian consultate?
It is your call.
If you think your job is quite stable and you would be OK for next 1-2 years and your PD is close it is worth staying here because if US economy is bad I don't think Canadian Economy would do very good either.
Otherwise you should try to maintain canadian GC. As they say a bird in hand..... If you can find a job in canada life there is good. I was in a similar dilemma as you last year but by God's grace got my GC in time.
Some people told me last year that Canadians are not very strict about enforcing 3 year presence rule. Some people were admitted even after they stayed out for more than 3 years after landing.
But today I read on this forum that they strict these days.
It is your call.
If you think your job is quite stable and you would be OK for next 1-2 years and your PD is close it is worth staying here because if US economy is bad I don't think Canadian Economy would do very good either.
Otherwise you should try to maintain canadian GC. As they say a bird in hand..... If you can find a job in canada life there is good. I was in a similar dilemma as you last year but by God's grace got my GC in time.
Some people told me last year that Canadians are not very strict about enforcing 3 year presence rule. Some people were admitted even after they stayed out for more than 3 years after landing.
But today I read on this forum that they strict these days.
more...
cagcwait
02-09 08:12 PM
Hi Bee-- Great post clarifiying the IV cause. I am a volunteer for IV, but my labour is still pending at PBEC (Jul 2002 CA EB2 RIR). When we met the Congress Persons in Bay Area last week, we did talk about the labour certification backlogs. In fact, the immigration staff at both the places were aware of the labour backlogs (even though one of them didn't know about the retrogression). IV is representing the labour certification backlogs and asking for transparency in the backlog centers.
So All -- whether we are stuck in labour or retrogression -- Let's rally together. Please join IV and strengthen our representation.
There is very little time left. Let us join together and present a united front under IV.
cagcwait
So All -- whether we are stuck in labour or retrogression -- Let's rally together. Please join IV and strengthen our representation.
There is very little time left. Let us join together and present a united front under IV.
cagcwait
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aquagirl
05-22 09:31 PM
Where in the application on the vfs website, can I add another family member? I was not able to find the place to enter another petition no. or passport no.
If we can only take one appointment per family, will the counsulate people review both, my husband's and my H-1 docs together?
Thanks
If we can only take one appointment per family, will the counsulate people review both, my husband's and my H-1 docs together?
Thanks
more...
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getta05
03-27 10:09 AM
Hi,
I have an EAD and am in the process of buying a business.
How long do I have to wait in order to apply for GC?
Tnx
Geeta05
I have an EAD and am in the process of buying a business.
How long do I have to wait in order to apply for GC?
Tnx
Geeta05
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va_dude
05-07 04:05 PM
Yes i did see a LUD on the uscis website for my 485 a couple of weeks back.
So i guess the LUD stuff still works irrespective of the "chimps" using "champs".
So i guess the LUD stuff still works irrespective of the "chimps" using "champs".
more...
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sunny1000
11-26 06:37 PM
here is what I found on the immigrationportal.com. that info is a little old but, is relevant. Hope that helps you.
http://boards.immigrationportal.com/showthread.php?t=155717&highlight=traveling+physical+green+card
http://boards.immigrationportal.com/showthread.php?t=155717&highlight=traveling+physical+green+card
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meridiani.planum
03-14 12:33 AM
I heard companies like TCS Wipro HCL (all desi outsourcing firms) have now started to again apply for H1B instead of L1...are they doing green cards too?
Yes, some of them do.
And depending on your luck/contacts/influence you might even extract an EB-1A out of them and get your GC in 6-9 months.
Yes, some of them do.
And depending on your luck/contacts/influence you might even extract an EB-1A out of them and get your GC in 6-9 months.
more...
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Dhundhun
10-23 05:53 PM
I think, for an employment-based case, there is effectively a 180-day grace period because of 245[k]. Please explore this, which may be helpful for gaps like I485 refusal and MTR.
From: http://www.murthy.com/adjsta.html
Section 245(k) enables a person who is adjusting status in an employment-based category (whether on the basis of a labor certification or in one of the special Green Card categories that does not require a labor certification or job offer) to adjust, even if s/he has been out of status or worked without authorization for less than 180 days. This provision does not require an immigrant petition or labor certification to have been filed on or before any particular date and there is also no penalty fee involved.
From: http://www.murthy.com/adjsta.html
Section 245(k) enables a person who is adjusting status in an employment-based category (whether on the basis of a labor certification or in one of the special Green Card categories that does not require a labor certification or job offer) to adjust, even if s/he has been out of status or worked without authorization for less than 180 days. This provision does not require an immigrant petition or labor certification to have been filed on or before any particular date and there is also no penalty fee involved.
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sertasheep
03-07 05:58 PM
Immigration Voice will conduct conference calls periodically with immigration attorneys regarding issues affecting employment-based immigration.
The scope of discussion would be around issues pertaining to employment-based immigration law impacting highly-skilled primary beneficiaries as well as their dependents.
Immigration Voice provides this at no cost to all registered members. Members can benefit from this free advice, and access links to the recordings, transcripts and more.
How it works:
- Members email their questions to Immigration Voice (see procedure below)
- Since this is a pro-bono service from the attorneys at this time, please use your judgment on questions that are time-sensitive and require immediate consultation. Due to the volume of questions as well as availability of the attorney, please permit for more than the standard response time you would expect from a paid consultation
- During the pre-determined conference call, Immigration voice moderates the call and poses questions to the attorney
The lawyer(s) would answer accepted questions on the phone call in real time.
- We would allow one followup question from the person who originally submitted the question.
- The call and advice would be free to cost to everyone. After the call, the recording would be available for members to playback. If time permits, we will also post the pdf file transcript of questions-answers for the benefit of everyone.
- The question-answer session does not constitute any attorney-client relationship or any attorney-client privileges. The advice would be given based on information provided in the question which may not be sufficient for a complete answer.
- Questions that are related to H1, L1, H4, visa-stamping, employment based Green card etc will take higher priority over all other questions pertaining to areas of immigration that are not related to H1 or EB greencard. This is because this organization represents legal highly-skilled employment based immigrants.
- If your question is received after the cutoff date wherein the attorney accepts questions, such questions will be carried over to the next conference call due to paucity of time.
- Questions would be considered on a FIFO basis(First In, First Out), and a unique ID will be assigned to each question that will be used through the lifecycle of that question(Real FIFO, not BEC type FIFO).
How to submit your questions:
Please read the disclaimer below before submitting your questions via email.Please provide us with the following information, preferably in the following format, and keep it consise and crisp:
Email with Subject Line saying : Seeking Legal Opinion.
Email Address: legal_advise@immigrationvoice.org
Your Info: Please mention your first Name, City and State, so that we can use it to announce your question in the call. That way, your question would be distinguished from similar sounding questions.
Your Country of Citizenship: If your spouse is from a country other than yours, please specify both your countries of citizenship
Your Questions: Provide some clear background. Avoid questions with long and complicated case-specific situations that are like "Can I do X? If yes then is option A or option B better? If option A then can I file this? IF option B then can I file this? If B fails then can I refile A?". Such flow-chart and if-then-else type questions would be taken up only if time is left and attorney is comfortable in answering questions with limited information of your situation.
------------------------------------------------------------------
REQUEST: In the interest of everyone, we request you to run a spellcheck on your questions before you email them to us, to minimize the effort taken by us to clean up and send to the attorney. It provides a professional touch if we use formal, business English. (i.e., refrain from using slang, shorthand, abbreviations, all capitals, all lowercase, colloquialism, et-al).Microsoft Word, among other Word Processors provide excellent spell checkers and thesaurus options to help you with this.
------------------------------------------------------------------
IMPORTANT DISCLAIMER:
By participating in any conference calls or reviewing a transcript or recording of any conference calls, you agree that you have read and understand the following disclaimer:
The information provided during these conference calls as well as any transcripts or recordings posted on this website or websites of participating law firms or attorneys is of a general nature and may not apply to any particular set of facts or to all circumstances. It should not be construed as legal advice and does not constitute an engagement of any participating attorneys or in any way establish an attorney-client relationship with any participating attorneys. You should not rely solely upon information that you may receive during any conference calls, or any transcripts or recordings of conference calls. You should consult an attorney of your choosing to obtain advice for your particular situation. Laws and regulations are constantly changing. The information provided during any conference calls and their transcripts or recordings was pertinent at the time of the conference calls, but may become outdated. We are not responsible in any way for any outdated materials.
IN NO EVENT SHALL ANY PARTICIPATING ATTORNEYS, LAW FIRMS, INDIVIDUALS, OR IMMIGRATION VOICE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH PARTICIPATION IN ANY CONFERENCE CALLS, THE USE OF THIS WEBSITE, OR ANY OTHER WEBSITE WHERE TRANSCRIPTS OR RECORDINGS MAY BE POSTED, REGARDLESS OF WHETHER SUCH DAMAGES ARISE OUT OF CONTRACT, TORT OR OTHERWISE.
------------------------------------------------------------------
Recordings from Previously Held Conference calls:
These can be accessed at Immigration Voice's Blog on Blogspot.com (http://immigrationvoice.blogspot.com/)
Transcripts from Previously Held Conference calls:
Transcripts of previous calls can be accessed here (http://immigrationvoice.blogspot.com/2006/12/check-out-my-public-files-on-mydatabus.html)
The scope of discussion would be around issues pertaining to employment-based immigration law impacting highly-skilled primary beneficiaries as well as their dependents.
Immigration Voice provides this at no cost to all registered members. Members can benefit from this free advice, and access links to the recordings, transcripts and more.
How it works:
- Members email their questions to Immigration Voice (see procedure below)
- Since this is a pro-bono service from the attorneys at this time, please use your judgment on questions that are time-sensitive and require immediate consultation. Due to the volume of questions as well as availability of the attorney, please permit for more than the standard response time you would expect from a paid consultation
- During the pre-determined conference call, Immigration voice moderates the call and poses questions to the attorney
The lawyer(s) would answer accepted questions on the phone call in real time.
- We would allow one followup question from the person who originally submitted the question.
- The call and advice would be free to cost to everyone. After the call, the recording would be available for members to playback. If time permits, we will also post the pdf file transcript of questions-answers for the benefit of everyone.
- The question-answer session does not constitute any attorney-client relationship or any attorney-client privileges. The advice would be given based on information provided in the question which may not be sufficient for a complete answer.
- Questions that are related to H1, L1, H4, visa-stamping, employment based Green card etc will take higher priority over all other questions pertaining to areas of immigration that are not related to H1 or EB greencard. This is because this organization represents legal highly-skilled employment based immigrants.
- If your question is received after the cutoff date wherein the attorney accepts questions, such questions will be carried over to the next conference call due to paucity of time.
- Questions would be considered on a FIFO basis(First In, First Out), and a unique ID will be assigned to each question that will be used through the lifecycle of that question(Real FIFO, not BEC type FIFO).
How to submit your questions:
Please read the disclaimer below before submitting your questions via email.Please provide us with the following information, preferably in the following format, and keep it consise and crisp:
Email with Subject Line saying : Seeking Legal Opinion.
Email Address: legal_advise@immigrationvoice.org
Your Info: Please mention your first Name, City and State, so that we can use it to announce your question in the call. That way, your question would be distinguished from similar sounding questions.
Your Country of Citizenship: If your spouse is from a country other than yours, please specify both your countries of citizenship
Your Questions: Provide some clear background. Avoid questions with long and complicated case-specific situations that are like "Can I do X? If yes then is option A or option B better? If option A then can I file this? IF option B then can I file this? If B fails then can I refile A?". Such flow-chart and if-then-else type questions would be taken up only if time is left and attorney is comfortable in answering questions with limited information of your situation.
------------------------------------------------------------------
REQUEST: In the interest of everyone, we request you to run a spellcheck on your questions before you email them to us, to minimize the effort taken by us to clean up and send to the attorney. It provides a professional touch if we use formal, business English. (i.e., refrain from using slang, shorthand, abbreviations, all capitals, all lowercase, colloquialism, et-al).Microsoft Word, among other Word Processors provide excellent spell checkers and thesaurus options to help you with this.
------------------------------------------------------------------
IMPORTANT DISCLAIMER:
By participating in any conference calls or reviewing a transcript or recording of any conference calls, you agree that you have read and understand the following disclaimer:
The information provided during these conference calls as well as any transcripts or recordings posted on this website or websites of participating law firms or attorneys is of a general nature and may not apply to any particular set of facts or to all circumstances. It should not be construed as legal advice and does not constitute an engagement of any participating attorneys or in any way establish an attorney-client relationship with any participating attorneys. You should not rely solely upon information that you may receive during any conference calls, or any transcripts or recordings of conference calls. You should consult an attorney of your choosing to obtain advice for your particular situation. Laws and regulations are constantly changing. The information provided during any conference calls and their transcripts or recordings was pertinent at the time of the conference calls, but may become outdated. We are not responsible in any way for any outdated materials.
IN NO EVENT SHALL ANY PARTICIPATING ATTORNEYS, LAW FIRMS, INDIVIDUALS, OR IMMIGRATION VOICE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH PARTICIPATION IN ANY CONFERENCE CALLS, THE USE OF THIS WEBSITE, OR ANY OTHER WEBSITE WHERE TRANSCRIPTS OR RECORDINGS MAY BE POSTED, REGARDLESS OF WHETHER SUCH DAMAGES ARISE OUT OF CONTRACT, TORT OR OTHERWISE.
------------------------------------------------------------------
Recordings from Previously Held Conference calls:
These can be accessed at Immigration Voice's Blog on Blogspot.com (http://immigrationvoice.blogspot.com/)
Transcripts from Previously Held Conference calls:
Transcripts of previous calls can be accessed here (http://immigrationvoice.blogspot.com/2006/12/check-out-my-public-files-on-mydatabus.html)
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floridasun
01-12 08:57 AM
Mi won't call u superstitious but superstupid, for lack of any better words
Maddipati and furiouspride - if you want to use your foul mouth, be my guest. gc has shattered my career right in front of eyes. I have seen worthless piece of $hits grow and show their attitude just like you guys.
Maddipati and furiouspride - if you want to use your foul mouth, be my guest. gc has shattered my career right in front of eyes. I have seen worthless piece of $hits grow and show their attitude just like you guys.
amundres
01-13 03:54 AM
I live in northern california and has written letters to congressman, first lady but not response.
newuser
06-23 09:20 AM
Are you sure you have to submit the tax forms for filing I-485?
Hi,
I wanted to know how critical are the tax returns for GC processing. I am asking this because i have filed the tax returns for 2006 as married even though i got married in January'07.
Now my marriage certificate reflects jan'07 and the tax return for 2006 was filed as joint.
Will this be of issue in the processing? Is there a way out from this, like readjust the tax returns?
Any help in this regard with be greatly appreciated.
Thank you
Hi,
I wanted to know how critical are the tax returns for GC processing. I am asking this because i have filed the tax returns for 2006 as married even though i got married in January'07.
Now my marriage certificate reflects jan'07 and the tax return for 2006 was filed as joint.
Will this be of issue in the processing? Is there a way out from this, like readjust the tax returns?
Any help in this regard with be greatly appreciated.
Thank you
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