div_bell_2003
12-19 05:01 PM
It does not look like your future green card processing will be affected by any way due to your one year absence, but you might wanna clarify with your attorney about the status of your H1 though. You didn't mention anything on this, but I'm guessing you'll be coming back to the same employer in 2010, just check with them if your one year not being in US payroll would result in revocation of your H1B and they have to apply for a fresh one once you come back.
From the GC front, you don't have anything to worry as far as my knowledge goes.
I am on H1 for the last 3 years. Got my H1 renewed for 3 years last month. Now i have to go back to India for one year (2009) and come back at 2010. I will not be in a payroll for 2009. When i come back to US at 2010, i am planning to start my Green Card processing. I want to know if my one year stay in India will affect my Green Card processing in any way?
Thanks a lot.
From the GC front, you don't have anything to worry as far as my knowledge goes.
I am on H1 for the last 3 years. Got my H1 renewed for 3 years last month. Now i have to go back to India for one year (2009) and come back at 2010. I will not be in a payroll for 2009. When i come back to US at 2010, i am planning to start my Green Card processing. I want to know if my one year stay in India will affect my Green Card processing in any way?
Thanks a lot.
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titu1972
08-02 02:27 PM
Usually consulting companies put generic designations like software engineer or a programmer analayst in their LC. I think that is what you should look for the classification. This is a gray area.
There is a title called consultant. I have labor and I-140 approved on this title.
There is a title called consultant. I have labor and I-140 approved on this title.
immiindi09
01-12 05:38 PM
thank you "div_bell_2003". e-file and paper renewal, does it take the same
processing time?
processing time?
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kirupa
11-19 07:04 PM
Congrats lost! Voting twice for your own name *coug* mdipi *cough* doesn't really help all that much =)
Cheers!
Kirupa :rambo:
Cheers!
Kirupa :rambo:
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chandrajp
08-08 10:42 AM
Hi guys My I140 filed in TEXAS case status online says request for additional information was mailed, I haven't received mail yet, I want to go ahead and collect all the documents required so i can reply immediately as soon as we receive RFE mail,
can you guys tell usually what kind of information is requested in EB3 cases.
I got an RFE about my company's latest Tax statement for the current year. When my attorney sent one, I got I140 approved immediately.
What I heard from my friends nowadays, usually it's company's ability to pay. If the company does not show sufficient income even to pay the employees, then there could be an issue. But just wait for the notice. I think your attorney gets the notice
can you guys tell usually what kind of information is requested in EB3 cases.
I got an RFE about my company's latest Tax statement for the current year. When my attorney sent one, I got I140 approved immediately.
What I heard from my friends nowadays, usually it's company's ability to pay. If the company does not show sufficient income even to pay the employees, then there could be an issue. But just wait for the notice. I think your attorney gets the notice
authrd
07-26 02:09 PM
If they don't specifically ask for all previous I-94 and I-797 to prove lawful presence since first entry, then it's alright I suppose.
more...
pa_arora
03-11 12:27 PM
I am sorry if this is a re-post.
http://www.washingtonpost.com/wp-dyn/content/article/2009/03/06/AR2009030601926.html
----
They're Taking Their Brains and Going Home
By Vivek Wadhwa
Sunday, March 8, 2009; Page B02
Seven years ago, Sandeep Nijsure left his home in Mumbai to study computer science at the University of North Texas. Master's degree in hand, he went to work for Microsoft. He valued his education and enjoyed the job, but he worried about his aging parents. He missed watching cricket, celebrating Hindu festivals and following the twists of Indian politics. His wife was homesick, too, and her visa didn't allow her to work.
Not long ago, Sandeep would have faced a tough choice: either go home and give up opportunities for wealth and U.S. citizenship, or stay and bide his time until his application for a green card goes through. But last year, Sandeep returned to India and landed a software development position with Amazon.com in Hyderabad. He and his wife live a few blocks from their families in a spacious, air-conditioned house. No longer at the mercy of the American employer sponsoring his visa, Sandeep can more easily determine the course of his career. "We are very happy with our move," he told me in an e-mail.
The United States has always been the country to which the world's best and brightest -- people like Sandeep -- have flocked in pursuit of education and to seek their fortunes. Over the past four decades, India and China suffered a major "brain drain" as tens of thousands of talented people made their way here, dreaming the American dream.
But burgeoning new economies abroad and flagging prospects in the United States have changed everything. And as opportunities pull immigrants home, the lumbering U.S. immigration bureaucracy helps push them away.
When I started teaching at Duke University in 2005, almost all the international students graduating from our Master of Engineering Management program said that they planned to stay in the United States for at least a few years. In the class of 2009, most of our 80 international students are buying one-way tickets home. It's the same at Harvard. Senior economics major Meijie Tang, from China, isn't even bothering to look for a job in the United States. After hearing from other students that it's "impossible" to get an H-1B visa -- the kind given to highly-skilled workers in fields such as engineering and science -- she teamed up with a classmate to start a technology company in Shanghai. Investors in China offered to put up millions even before 23-year-old Meijie and her 21-year-old colleague completed their business plan.
When smart young foreigners leave these shores, they take with them the seeds of tomorrow's innovation. Almost 25 percent of all international patent applications filed from the United States in 2006 named foreign nationals as inventors. Immigrants founded a quarter of all U.S. engineering and technology companies started between 1995 and 2005, including half of those in Silicon Valley. In 2005 alone, immigrants' businesses generated $52 billion in sales and employed 450,000 workers.
Yet rather than welcome these entrepreneurs, the U.S. government is confining many of them to a painful purgatory. As of Sept. 30, 2006, more than a million people were waiting for the 120,000 permanent-resident visas granted each year to skilled workers and their family members. No nation may claim more than 7 percent, so years may pass before immigrants from populous countries such as India and China are even considered.
Like many Indians, Girija Subramaniam is fed up. After earning a master's in electrical engineering from the University of Virginia in 1998, she joined Texas Instruments as a test engineer. She wanted to stay in the United States, applied for permanent residency in 2002 and has been trapped in immigration limbo ever since. If she so much as accepts a promotion or, heaven forbid, starts her own company, she will lose her place in line. Frustrated, she has applied for fast-track Canadian permanent residency and expects to move north of the border by the end of the year.
For the Kaufmann Foundation, I recently surveyed 1,200 Indians and Chinese who worked or studied in the United States and then returned home. Most were in their 30s, and 80 percent held master's degrees or doctorates in management, technology or science -- precisely the kind of people who could make the greatest contribution to the U.S. economy. A sizable number said that they had advanced significantly in their careers since leaving the United States. They were more optimistic about opportunities for entrepreneurship, and more than half planned to start their own businesses, if they had not done so already. Only a quarter said that they were likely to return to the United States.
Why does all this matter? Because just as the United States has relied on foreigners to underwrite its deficit, it has also depended on smart immigrants to staff its laboratories, engineering design studios and tech firms. An analysis of the 2000 Census showed that although immigrants accounted for only 12 percent of the U.S. workforce, they made up 47 percent of all scientists and engineers with doctorates. What's more, 67 percent of all those who entered the fields of science and engineering between 1995 and 2006 were immigrants. What will happen to America's competitive edge when these people go home?
Immigrants who leave the United States will launch companies, file patents and fill the intellectual coffers of other countries. Their talents will benefit nations such as India, China and Canada, not the United States. America's loss will be the world's gain.
wadhwa@duke.edu
Vivek Wadhwa is a senior research associate at Harvard Law School and executive in residence at Duke University.
http://www.washingtonpost.com/wp-dyn/content/article/2009/03/06/AR2009030601926.html
----
They're Taking Their Brains and Going Home
By Vivek Wadhwa
Sunday, March 8, 2009; Page B02
Seven years ago, Sandeep Nijsure left his home in Mumbai to study computer science at the University of North Texas. Master's degree in hand, he went to work for Microsoft. He valued his education and enjoyed the job, but he worried about his aging parents. He missed watching cricket, celebrating Hindu festivals and following the twists of Indian politics. His wife was homesick, too, and her visa didn't allow her to work.
Not long ago, Sandeep would have faced a tough choice: either go home and give up opportunities for wealth and U.S. citizenship, or stay and bide his time until his application for a green card goes through. But last year, Sandeep returned to India and landed a software development position with Amazon.com in Hyderabad. He and his wife live a few blocks from their families in a spacious, air-conditioned house. No longer at the mercy of the American employer sponsoring his visa, Sandeep can more easily determine the course of his career. "We are very happy with our move," he told me in an e-mail.
The United States has always been the country to which the world's best and brightest -- people like Sandeep -- have flocked in pursuit of education and to seek their fortunes. Over the past four decades, India and China suffered a major "brain drain" as tens of thousands of talented people made their way here, dreaming the American dream.
But burgeoning new economies abroad and flagging prospects in the United States have changed everything. And as opportunities pull immigrants home, the lumbering U.S. immigration bureaucracy helps push them away.
When I started teaching at Duke University in 2005, almost all the international students graduating from our Master of Engineering Management program said that they planned to stay in the United States for at least a few years. In the class of 2009, most of our 80 international students are buying one-way tickets home. It's the same at Harvard. Senior economics major Meijie Tang, from China, isn't even bothering to look for a job in the United States. After hearing from other students that it's "impossible" to get an H-1B visa -- the kind given to highly-skilled workers in fields such as engineering and science -- she teamed up with a classmate to start a technology company in Shanghai. Investors in China offered to put up millions even before 23-year-old Meijie and her 21-year-old colleague completed their business plan.
When smart young foreigners leave these shores, they take with them the seeds of tomorrow's innovation. Almost 25 percent of all international patent applications filed from the United States in 2006 named foreign nationals as inventors. Immigrants founded a quarter of all U.S. engineering and technology companies started between 1995 and 2005, including half of those in Silicon Valley. In 2005 alone, immigrants' businesses generated $52 billion in sales and employed 450,000 workers.
Yet rather than welcome these entrepreneurs, the U.S. government is confining many of them to a painful purgatory. As of Sept. 30, 2006, more than a million people were waiting for the 120,000 permanent-resident visas granted each year to skilled workers and their family members. No nation may claim more than 7 percent, so years may pass before immigrants from populous countries such as India and China are even considered.
Like many Indians, Girija Subramaniam is fed up. After earning a master's in electrical engineering from the University of Virginia in 1998, she joined Texas Instruments as a test engineer. She wanted to stay in the United States, applied for permanent residency in 2002 and has been trapped in immigration limbo ever since. If she so much as accepts a promotion or, heaven forbid, starts her own company, she will lose her place in line. Frustrated, she has applied for fast-track Canadian permanent residency and expects to move north of the border by the end of the year.
For the Kaufmann Foundation, I recently surveyed 1,200 Indians and Chinese who worked or studied in the United States and then returned home. Most were in their 30s, and 80 percent held master's degrees or doctorates in management, technology or science -- precisely the kind of people who could make the greatest contribution to the U.S. economy. A sizable number said that they had advanced significantly in their careers since leaving the United States. They were more optimistic about opportunities for entrepreneurship, and more than half planned to start their own businesses, if they had not done so already. Only a quarter said that they were likely to return to the United States.
Why does all this matter? Because just as the United States has relied on foreigners to underwrite its deficit, it has also depended on smart immigrants to staff its laboratories, engineering design studios and tech firms. An analysis of the 2000 Census showed that although immigrants accounted for only 12 percent of the U.S. workforce, they made up 47 percent of all scientists and engineers with doctorates. What's more, 67 percent of all those who entered the fields of science and engineering between 1995 and 2006 were immigrants. What will happen to America's competitive edge when these people go home?
Immigrants who leave the United States will launch companies, file patents and fill the intellectual coffers of other countries. Their talents will benefit nations such as India, China and Canada, not the United States. America's loss will be the world's gain.
wadhwa@duke.edu
Vivek Wadhwa is a senior research associate at Harvard Law School and executive in residence at Duke University.
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eb2dec2005
09-26 09:49 AM
I used AP to enter US in June this year.The IO stamp on my I94 and the AP document says 'Paroled unitl Sept 2009'. Should i consider the validity of AP until this date?
However on the actual AP documents under the Parole paragraph mentions the following: 'The bearereeparted the United States temporarily and intends to return to the US to resume processing of the adjustment of status application.Presentation of the original of this document prior to Sept 27 2008 allows a Customs and Border Protection Inspector at a port-of-entry to parole the names bearer...........'
Can you please let me know, what is the validity of the AP incase one is already out of country and is planning to return to US?Would the date on I94 be considered?
Can the experts please reply to my question? Thanks,
However on the actual AP documents under the Parole paragraph mentions the following: 'The bearereeparted the United States temporarily and intends to return to the US to resume processing of the adjustment of status application.Presentation of the original of this document prior to Sept 27 2008 allows a Customs and Border Protection Inspector at a port-of-entry to parole the names bearer...........'
Can you please let me know, what is the validity of the AP incase one is already out of country and is planning to return to US?Would the date on I94 be considered?
Can the experts please reply to my question? Thanks,
more...
sheela
10-04 02:45 PM
Receipt date Jul 2
Transferred from NSC>CSC
Receipt Notice Aug 23
Got EAD/AP
485 Transferred from CSC>NSC
Waiting for FP notice
This transfer is delaying fp. We had fp done on 9/19 but my daughter's 485 filed at NSC was transferred to CSC ( i got r n with wac....) saw 2-luds last one on 10/3 said your case transferred from CSC to TSC. Now hopefully fp will be generated from TSC. Hopefully in next week or so. What a mess NSC>CSC>TSC
Transferred from NSC>CSC
Receipt Notice Aug 23
Got EAD/AP
485 Transferred from CSC>NSC
Waiting for FP notice
This transfer is delaying fp. We had fp done on 9/19 but my daughter's 485 filed at NSC was transferred to CSC ( i got r n with wac....) saw 2-luds last one on 10/3 said your case transferred from CSC to TSC. Now hopefully fp will be generated from TSC. Hopefully in next week or so. What a mess NSC>CSC>TSC
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andy garcia
09-17 02:56 PM
You have company Andy. How old are you?
55
55
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factoryman
06-18 01:08 PM
I doubt it. As far as I know only HIV from the blood drawn. I will look into the copies the doctor gave me.
All
First of all, sorry to open a new thread for my problem, but didn't find a related thread.
I was tested positive for genetal herpes 6months ago, but after that i didn't have any outbreaks. Now i have to go for medicals for my I485 next week.
Iam very much worried if it will effect my chances of getting GC.
Should i let the civil surgeon know iam positive for herpes and show my medical reports before he does the blood work, or should i wait till he finishes my blood work? I have read that i can apply for a waiver even if im tested positive for herpes, is it true? If so, can any body please tell me what is the procedure? Do i need to do it when we are filing for 485, or is it a separate process?
Please guide me.
Thanks in advance.
All
First of all, sorry to open a new thread for my problem, but didn't find a related thread.
I was tested positive for genetal herpes 6months ago, but after that i didn't have any outbreaks. Now i have to go for medicals for my I485 next week.
Iam very much worried if it will effect my chances of getting GC.
Should i let the civil surgeon know iam positive for herpes and show my medical reports before he does the blood work, or should i wait till he finishes my blood work? I have read that i can apply for a waiver even if im tested positive for herpes, is it true? If so, can any body please tell me what is the procedure? Do i need to do it when we are filing for 485, or is it a separate process?
Please guide me.
Thanks in advance.
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bomber
07-25 12:16 PM
I got an approval email from CRIS last week on my I-140.
Today I received an email saying the notice that USCIS sent was returned as undeliverable.
Any one has similar experience? Where does the I-140 approval notice go- Attorney or Employer address?
Thanks
Today I received an email saying the notice that USCIS sent was returned as undeliverable.
Any one has similar experience? Where does the I-140 approval notice go- Attorney or Employer address?
Thanks
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fatjoe
10-06 05:34 PM
Really? Did they give you that information?
I have taken infopass 2 times in last 2 years, and they just tell me - we cannot tell anything about that info from the "screen" they have access to.
They just give a vague answer that everything is in order but your visa numbers are not available for your dates, you need to wait for visa number
I went twice, both the time they gave me that info. Not only that, they can tell you if your case was assigned to an IO or not and also when the IO reviwed you application lately. You will have to specifically ask them.
I have taken infopass 2 times in last 2 years, and they just tell me - we cannot tell anything about that info from the "screen" they have access to.
They just give a vague answer that everything is in order but your visa numbers are not available for your dates, you need to wait for visa number
I went twice, both the time they gave me that info. Not only that, they can tell you if your case was assigned to an IO or not and also when the IO reviwed you application lately. You will have to specifically ask them.
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rkdownload
08-17 12:28 AM
Marriege Certificate
We got a rejection notice for my wife's 485 & 765 application. The notice said
============
"Based on the information you provided, your priority date could not be established. Please resubmit you application with the proper documentation to the address listed on the bottom of this notice
The following documents may be provided:
Your original Form I-130(petition for alien relative) if you are filing concurrently ; or
Your original Form I-360 if you are filing concurrently; or
A copy of your Form I-797 if the petition has already beed filed/approved; or
Other evidence that an immigration visa petition has been filed/approved on your behalf.
==============
My PD is Mar 2005, EB2 and my 485 is pending since aug 2007.
We have included following documentation in the package
1) Forms 485 ,765 , G 325 A
2) passport copy
3) Birth certificate and affidavits
4) My 485 receipt notice
5) My I 140 approval
6) Letter from the employer saying that i am still employed with them
7) Pay stubs
Does anyone know what have we missed? I dont think I -130 and I -360 are relevant for this category.
We got a rejection notice for my wife's 485 & 765 application. The notice said
============
"Based on the information you provided, your priority date could not be established. Please resubmit you application with the proper documentation to the address listed on the bottom of this notice
The following documents may be provided:
Your original Form I-130(petition for alien relative) if you are filing concurrently ; or
Your original Form I-360 if you are filing concurrently; or
A copy of your Form I-797 if the petition has already beed filed/approved; or
Other evidence that an immigration visa petition has been filed/approved on your behalf.
==============
My PD is Mar 2005, EB2 and my 485 is pending since aug 2007.
We have included following documentation in the package
1) Forms 485 ,765 , G 325 A
2) passport copy
3) Birth certificate and affidavits
4) My 485 receipt notice
5) My I 140 approval
6) Letter from the employer saying that i am still employed with them
7) Pay stubs
Does anyone know what have we missed? I dont think I -130 and I -360 are relevant for this category.
more...
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Sachin_Stock
02-02 10:00 PM
Thanks for you concern.
I would appreciate it if you can answer to my specific question. :)
I would appreciate it if you can answer to my specific question. :)
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justareader
10-08 07:33 PM
Well for us EB-3, hope is what we have
bloody bulletin . never moves
I am still short of 16 days.
bloody bulletin . never moves
I am still short of 16 days.
more...
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makemygc
06-14 11:20 AM
Any one???
I have the same question which I posted on another thread. I'm sure several people must be in this dilemma. With the immigration-law.com posting on this matter, it is now a matter for worry.
Note from Immigration-law:-
It is uncertain how this visa number change will affect the pending H-1B extension petitions beyond six years under 104(c) based on the approved I-140 petition. There is some chance that it may be denied. Additionally, those who need H-1B extension beyond six years and are not eligible for one-year increment extention because 360 days have not passed since the filing of labor certification or I-140 petition (labor certification waiver cases) will face a problem in extending the H-1B status. They should, however, take advantage of 245(K) benefit that makes I-485 eligible inasmuch as the unauthorized employment or unalwful status did not last more than 180 days since the latest admission to the United States. Those who can file the I-485 timely under 245(K) should cease employment before it reaches 180 days and wait for the EAD approval. Record keeping will be extremely important in this case.
Can someone answer please???
I have the same question which I posted on another thread. I'm sure several people must be in this dilemma. With the immigration-law.com posting on this matter, it is now a matter for worry.
Note from Immigration-law:-
It is uncertain how this visa number change will affect the pending H-1B extension petitions beyond six years under 104(c) based on the approved I-140 petition. There is some chance that it may be denied. Additionally, those who need H-1B extension beyond six years and are not eligible for one-year increment extention because 360 days have not passed since the filing of labor certification or I-140 petition (labor certification waiver cases) will face a problem in extending the H-1B status. They should, however, take advantage of 245(K) benefit that makes I-485 eligible inasmuch as the unauthorized employment or unalwful status did not last more than 180 days since the latest admission to the United States. Those who can file the I-485 timely under 245(K) should cease employment before it reaches 180 days and wait for the EAD approval. Record keeping will be extremely important in this case.
Can someone answer please???
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venky08
12-20 11:51 AM
the way i did it is i applied over internet using online AR-11 form. I did not apply by mail. Then, the next day, I called my lawyer's office and told them to contact USCIS to make them aware that my address has been changed on the petitions that are under consideration. For the people who use the online change of address path, i think everybody should know that there is more to it than just hitting submit button to AR-11. It then takes you further to ask whether do you have any pending petitions with USCIS. then you are supposed to say yes (if you do) and then it will take you to a screen where you provide your case numbers etc. however I couldnt get to that step due to some glitch so i decided to call my lawyer's office to have them finish that step. They simply called and informed USCIS of the address change.
hope this helps.
Did you apply online or thru regular mail? Also, if you sent regular mail, was it certified mail or just regular first-class mail?
hope this helps.
Did you apply online or thru regular mail? Also, if you sent regular mail, was it certified mail or just regular first-class mail?
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sameer2730
01-25 06:45 PM
He is neither new nor inexperienced. He is one of the new gang which post pointless yet barely believable posts here. The purpose is to confuse, raise hopes and aggravate. Try to avoid responding to such posts. One good criteria is posts by people with just 2-5 posts and a few greens already.
eagerr2i
08-02 07:32 PM
do you remember the appointment time?
My wife and son's appointment time was 10.00 and 10.15 AM
My wife and son's appointment time was 10.00 and 10.15 AM
bekugc
04-02 11:22 AM
hi dhundhun,
this is not normal scenario; even many h1 dependent employers are providing timely paystubs like clockwork.
in visa stampings they do value bank statements with payroll deposit; so in worst case scenario they cud be used to explain ur case.
Also if ur company is mailing stubs to u via postal service, u can record the postal date on the covers and show that regularly ur receiving paystubs in a delayed fashion. The Lawyers are allowed to explain clearly in text during a RFE, they cud attach the bank statements and use this postal mark/actual pay date delays to explain ur situation.
this is not normal scenario; even many h1 dependent employers are providing timely paystubs like clockwork.
in visa stampings they do value bank statements with payroll deposit; so in worst case scenario they cud be used to explain ur case.
Also if ur company is mailing stubs to u via postal service, u can record the postal date on the covers and show that regularly ur receiving paystubs in a delayed fashion. The Lawyers are allowed to explain clearly in text during a RFE, they cud attach the bank statements and use this postal mark/actual pay date delays to explain ur situation.
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