gsc999
05-22 11:59 AM
I had the same issue last year. Per their website
(https://www.vfs-usa.co.in/Home.aspx) September 2006 dates are current, November may not be current yet. You will have to keep checking. The rules were being changed for the visa appointment procedures last Nov/ December. If you have already paid the HDFC fee you should also have free 15 minute telephone time to ask such questions from their agent in India or you might want to call them directly at the phone number below.
I am unsure about a single vs two appointments for you and your husband. Please confirm. It would be safer to direct such questions at the Embassy than at this forum because of the constant changes in the rules.
Below are the helpline numbers when calling from outside India:
If you are calling from outside India, please call us at +91 44 4231 6767
Our agents respond to phone calls between 0800-1600 Monday through Friday excluding all-India holidays observed by the US missions.
E-mailed queries are responded to Monday through Friday, within two working days.
(https://www.vfs-usa.co.in/Home.aspx) September 2006 dates are current, November may not be current yet. You will have to keep checking. The rules were being changed for the visa appointment procedures last Nov/ December. If you have already paid the HDFC fee you should also have free 15 minute telephone time to ask such questions from their agent in India or you might want to call them directly at the phone number below.
I am unsure about a single vs two appointments for you and your husband. Please confirm. It would be safer to direct such questions at the Embassy than at this forum because of the constant changes in the rules.
Below are the helpline numbers when calling from outside India:
If you are calling from outside India, please call us at +91 44 4231 6767
Our agents respond to phone calls between 0800-1600 Monday through Friday excluding all-India holidays observed by the US missions.
E-mailed queries are responded to Monday through Friday, within two working days.
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masala dosa
08-31 06:36 AM
It is an interesting question i am also worried about. I was told by my company attorney that i need to file I-140 asap as USCIS is in process of changing how long you can wait with approved LC before filing I-140. Once you have I-140 approved, basically you can come back to the US on an H-1 to work for the company (you will need a new h-1, even if you have a 3 yr. extension based on approved I-140). Then if and when the priority dates become current you should be able to file for I-485
Can someone tell what happens if in a similar situation one takes a ONE YEAR sabbatical to puruse educatin abroad.
for exampe MBA from INSEAD
Can someone tell what happens if in a similar situation one takes a ONE YEAR sabbatical to puruse educatin abroad.
for exampe MBA from INSEAD
logiclife
02-27 10:59 AM
CSpan should have it live on one of the 3 Cspan channels.
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chitra
02-26 12:38 PM
I had a 10 year multiple entry B1/B2 visa which was to expire in 2013. I got married a couple of months ago, and since my husband is on a H1B, I got a H4 visa for the next 1.5 years. My passport with the B1/B2 visa DOES NOT have CWOP (Canceled without prejudice) written on it. My question is- has my B1/B2 visa been canceled? Or is it still valid? Can I hold 2 visas for entry into the US at the same time. If it has not been canceled, can I still use it for entry into the US once I lose my H4 status? Thank you for your time.
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l8A
10-05 10:27 AM
I think you have period of 180 days after being out of status to apply for permanent residency. I'm not sure though. It would probably be your best bet to double check with a lawyer and get professional advice. Good luck.
Yes, you are right. Now that I think about it, I do remember seeing that a person can apply for their AOS within 6 months of their being out-of-status. I am in close touch w/ my attorney, and he seems to be OK with the situation, but after seeing some disturbing tales on these forums, I wanted to confirm.
Yes, you are right. Now that I think about it, I do remember seeing that a person can apply for their AOS within 6 months of their being out-of-status. I am in close touch w/ my attorney, and he seems to be OK with the situation, but after seeing some disturbing tales on these forums, I wanted to confirm.
yestogc
05-11 10:19 PM
Keep going
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poorslumdog
09-13 11:52 AM
Hello Attorney,
My family and I fortunately got the green cards this week after a long wait. But the company where I have been working since
2001 is not doing well due to cash flow issues. Note that I never changed company since I came to the US in 2001. I have not been paid salary for the last few months. I am the last employee of the company and seems like this company may go bankrupt soon.
Luckily my wife works as Independent Contractor (Not a full time employee) and I have a part time business which are supporting my family for the last few months. My business is related to finance and investments which is different from the GC approved job profile.
Can you please help me by answering following questions.
1) What are the precautions I should take to protect my green card?
2) Can I leave the present company and start my business by forming an LLC?
3) My business is online based so I can work from my birth country India for a few months. Can I visit India for a few months until my business is fully developed?
4) Since my business is different from the GC approved job profile, will it cause any difficulty during citizenship process?
5) A friend on the forum told that it may be required to work in your labor certified job (even with diff employer) for 6 months. Can I go to India for 6 or 7 months by taking leave from the same company ( i.e without leaving the company) ? I can manage with my part time business income during this time. In this case, just working for the same job profile is sufficient or do we need to show any pay stubs (or w-2) during citizenship process?
6) Can I take re-entry permit and develop my business from India for a year and come back to the US after 1 year?
Thanks for your help in advance
If you are out of the country for six months...you will lose your GC. Dont do that mistake.
My family and I fortunately got the green cards this week after a long wait. But the company where I have been working since
2001 is not doing well due to cash flow issues. Note that I never changed company since I came to the US in 2001. I have not been paid salary for the last few months. I am the last employee of the company and seems like this company may go bankrupt soon.
Luckily my wife works as Independent Contractor (Not a full time employee) and I have a part time business which are supporting my family for the last few months. My business is related to finance and investments which is different from the GC approved job profile.
Can you please help me by answering following questions.
1) What are the precautions I should take to protect my green card?
2) Can I leave the present company and start my business by forming an LLC?
3) My business is online based so I can work from my birth country India for a few months. Can I visit India for a few months until my business is fully developed?
4) Since my business is different from the GC approved job profile, will it cause any difficulty during citizenship process?
5) A friend on the forum told that it may be required to work in your labor certified job (even with diff employer) for 6 months. Can I go to India for 6 or 7 months by taking leave from the same company ( i.e without leaving the company) ? I can manage with my part time business income during this time. In this case, just working for the same job profile is sufficient or do we need to show any pay stubs (or w-2) during citizenship process?
6) Can I take re-entry permit and develop my business from India for a year and come back to the US after 1 year?
Thanks for your help in advance
If you are out of the country for six months...you will lose your GC. Dont do that mistake.
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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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rkg000
05-13 09:10 PM
This might delay your GC for another 2years. Mainly due to security concerns after 9 / 11. Better option is to get your GC and then apply as family. Will take at least 4 to 5 years.
When your dates become current, you can apply your spouse's 485. I am not 100% sure but you will even have a chance to apply your spouse's 485 within a month if your GC were to be approved on the very first day of dates becoming current. You can check about this with your attorney.
Usually there could be about a month's delay between your GCs.
When your dates become current, you can apply your spouse's 485. I am not 100% sure but you will even have a chance to apply your spouse's 485 within a month if your GC were to be approved on the very first day of dates becoming current. You can check about this with your attorney.
Usually there could be about a month's delay between your GCs.
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beppenyc
02-04 04:39 PM
Do you think that the post poned to march for the senate debate is due to preparation to handle the 11 milion immigrants?
Another question, i feel some anymosity (sorry for my english) for the Illegals immigrants, i am not one of them, i am legal and beleive i don`t have any problem for a visa, but as immigrant i see a lot of them struggling and working like animals for few dollars, and sometime they become illegals due to the confusion about the law. Do you know how much cost a lawier ? I really think that exist only immigration, no difference for me.
Another question, i feel some anymosity (sorry for my english) for the Illegals immigrants, i am not one of them, i am legal and beleive i don`t have any problem for a visa, but as immigrant i see a lot of them struggling and working like animals for few dollars, and sometime they become illegals due to the confusion about the law. Do you know how much cost a lawier ? I really think that exist only immigration, no difference for me.
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eagerr2i
07-20 01:38 PM
Atleast that is one thing good in California. May be because we pay the highest state taxes in the nation next to NY. If you are living in the border areas. check with IL or IN about their feee schedule and explore if she could enroll in one of the colleges there. Most of the states in midwest grant instate tution to residents of neighbouring states who are in the neighbourhood counties. I know for sure that Indiana does. They also charge instate tution for spouses since you are a resident of the state.
The law states that you will be charged instate tution if you are a resident of the state by virtue of living in the state except in cases where you come to the state to get education. Check it again for Michigan and expore the neighbouring states as well. Best of luck.
The law states that you will be charged instate tution if you are a resident of the state by virtue of living in the state except in cases where you come to the state to get education. Check it again for Michigan and expore the neighbouring states as well. Best of luck.
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cdeneo
09-21 06:32 PM
I got my answer, the very next question talks about I-140 withdrawl and its impact on the AOS application if job changed using portabiliity within 180 days of filing.
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kramesh_babu
09-08 10:55 PM
I just renewed my H1B visa for another 3 years, and I also have an approved advance parole document. If I leave the US before my H1B visa is stamped in my passport and re-enter the country using my AP, do I lose my H1B status? (that's what my attorney says)
How about my the H4 of my wife? She is already using EAD, so if we re-enter the country should she use the AP document or the H4 visa?
This is way too confusing...
If you use the "AP" to reenter then your status would be a "Parolee" because your I-94 will be stamped as "Parolee". You can still continue working for the same employer using your renewed H1B though.
But, If you want your status as "H1B" in your latest I-94 i.e. after the reentry, then you have to get it stamped & reenter using the same.
I hope this helps.
How about my the H4 of my wife? She is already using EAD, so if we re-enter the country should she use the AP document or the H4 visa?
This is way too confusing...
If you use the "AP" to reenter then your status would be a "Parolee" because your I-94 will be stamped as "Parolee". You can still continue working for the same employer using your renewed H1B though.
But, If you want your status as "H1B" in your latest I-94 i.e. after the reentry, then you have to get it stamped & reenter using the same.
I hope this helps.
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nashim
06-06 04:38 PM
I am in the similar situation but we never know when and what documents are needed since every day immigration law is changing, keeping that in mind, I renewed mine and my spouse�s EAD
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agesilaus
September 1st, 2006, 06:36 PM
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solaris27
10-05 10:12 AM
Apply your H1B extension for 3 years with wife H4 ...this will resolve problem but don't wait .
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vxb2004
07-23 06:50 PM
Q17: How will USCIS interpret the language of AC21 Sec 104(c) (for three-year H-1B extensions) during a period in which AOS applications could be filed?
A17. USCIS interprets AC21 �104(c) as only applicable when an alien, who is the beneficiary of an approved I-140 petition, is eligible to be granted lawful permanent resident status but for application of the per country limitations. Any petitioner seeking an H-1B extension on behalf of a beneficiary pursuant to AC21 �104(c) must thus establish that at the time of filing for such extension, the alien is not eligible to be granted lawful permanent resident status on account of the per country immigrant visa limitations
It means if you have aa approved I-140 and your priority date is not current (Which will be after August 17th), you will qualify for 3 year extension of H1B. Hope this helps.
A17. USCIS interprets AC21 �104(c) as only applicable when an alien, who is the beneficiary of an approved I-140 petition, is eligible to be granted lawful permanent resident status but for application of the per country limitations. Any petitioner seeking an H-1B extension on behalf of a beneficiary pursuant to AC21 �104(c) must thus establish that at the time of filing for such extension, the alien is not eligible to be granted lawful permanent resident status on account of the per country immigrant visa limitations
It means if you have aa approved I-140 and your priority date is not current (Which will be after August 17th), you will qualify for 3 year extension of H1B. Hope this helps.
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Saralayar
07-27 11:53 AM
I left it blank and specifically asked my attorney if i can leave it blank , he said its ok .
My attorney specifically asked me to fill that. First I forgot to fill that. They specifically send mail to fill that. Not sure.
My attorney specifically asked me to fill that. First I forgot to fill that. They specifically send mail to fill that. Not sure.
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ek_bechara
05-14 12:02 PM
If you don't know something please keep quiet. Don't spread nonsense rumors. First of all the primary GC applicant is not affected in anyway. Spouse GC will show up anywhere between 7 to 12 months depending upon how the documentation is done.
This might delay your GC for another 2years. Mainly due to security concerns after 9 / 11. Better option is to get your GC and then apply as family. Will take at least 4 to 5 years.
This might delay your GC for another 2years. Mainly due to security concerns after 9 / 11. Better option is to get your GC and then apply as family. Will take at least 4 to 5 years.
GC_ASP
05-14 04:29 PM
Texas
Thank you very much for your prompt reply.
You mentioned your friend has added his wife to his green card application. Can you please let me know which Center (Texas or Nevada) is processing her I-485.
Thank you very much for your prompt reply.
You mentioned your friend has added his wife to his green card application. Can you please let me know which Center (Texas or Nevada) is processing her I-485.
omved
05-06 02:47 PM
Does replying to RFE along with all required documents means GC is coming soon ??
Augustus..did you get GC yet ?
Thanks
Augustus..did you get GC yet ?
Thanks
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