morchu
06-01 04:54 PM
1. Indian passport holders are exempt from the 6-month rule. Link.... I will search when I get time and post.
2. Regarding intention of permanent residence, see "greg siskind" s explanation on a similar topic (after GC) here: http://www.visalaw.com/06feb1/2feb106.html
http://immigrationvoice.org/forum/showthread.php?p=344473#post344473
Greg mentioned that....
"There are no black and white tests for what will be deemed to be an abandonmnet of permanent residency. Rather, USCIS will look at a variety of factors to determine a person's intent. Financial ties to the US, maintain a US employer, maintaining a residence in the US, keeping a car registered in the US, family remaining behind, etc. can all be evidence."
Hi Morchu,
I searched travel.state.gov with 'six-month rule', but couldn't come up with anything specific to this. Can you please post me the link? And I have an Indian Passport.
Ok, so how can one prove his intention at the POE for GC?
....would appreciate your reply.
2. Regarding intention of permanent residence, see "greg siskind" s explanation on a similar topic (after GC) here: http://www.visalaw.com/06feb1/2feb106.html
http://immigrationvoice.org/forum/showthread.php?p=344473#post344473
Greg mentioned that....
"There are no black and white tests for what will be deemed to be an abandonmnet of permanent residency. Rather, USCIS will look at a variety of factors to determine a person's intent. Financial ties to the US, maintain a US employer, maintaining a residence in the US, keeping a car registered in the US, family remaining behind, etc. can all be evidence."
Hi Morchu,
I searched travel.state.gov with 'six-month rule', but couldn't come up with anything specific to this. Can you please post me the link? And I have an Indian Passport.
Ok, so how can one prove his intention at the POE for GC?
....would appreciate your reply.
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hopefulgc
11-08 01:45 PM
How about meeting Michelle Obama... her highness the soon to be First Lady?
Its gonna be a lot easier to get her attention than Mr. President himself.
We can all be sure that Mrs. Obama is one person who has command over his ears and anything coming from her would certainly hold his attention. Sure it is not the most honorable way to get shit done, but we'll take whatever we can get.
Let us request a formal appointment, keep it processional and classy, and raise funds so that few IVians from around washington DC can go see her in style.
Its gonna be a lot easier to get her attention than Mr. President himself.
We can all be sure that Mrs. Obama is one person who has command over his ears and anything coming from her would certainly hold his attention. Sure it is not the most honorable way to get shit done, but we'll take whatever we can get.
Let us request a formal appointment, keep it processional and classy, and raise funds so that few IVians from around washington DC can go see her in style.
vgayalu
06-19 09:53 PM
I have EB2 i-140 approved with PD Dec. 05. I am planning to change the employer.. was just waiting to see if CIR gonna help.. but looks like its not. If I change job now, I will have to do labor, i140 once again!! might be able to maintain PD. .. my question is... I believe that in Octo. 06, new quota for GC will be available. What are the guesses that the PD will become current (at least for Eb2 India) in Octo 06?? Some educated guesses are highly appreciated.
I wish same. But it is 200% not possible. We are getting lot of Labour approvals from BEC's . If P.D dates stays as 2003 Jan it is great.
I think there is much possibility for more retrogression. It may go back upto 2002 Jan for EB2 also.
vgayalu
I wish same. But it is 200% not possible. We are getting lot of Labour approvals from BEC's . If P.D dates stays as 2003 Jan it is great.
I think there is much possibility for more retrogression. It may go back upto 2002 Jan for EB2 also.
vgayalu
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Aah_GC
06-01 01:37 AM
As suggested by vxb.. make sure you have your I140 approved, as long as you have that - you should be good to look at other options. If you use AC21 without I140 approval, its puts you at risk as your employer can revoke I140 even after 180 days of I1485 application. Seems like you have that figured that one out.
The thing with your TME role is, it is very explicit with the word "Marketing" in it. The concern with USCIS is it might actually object your transition from an engineering to marketing position. Not sure if you are moving with the same GC sponsoring employer (if that is the case, you should be good). But if you are thinking about a different employer, make sure you are moving with the same / similar type of roles. After all your GC labor was approved for a specific role that did not find a GC / citizen with similar skills.
Use your AC21 privelege wisely.
Hi,
I was wondering if anyone was ever able to change from Software Engineer to Technical Marketing Engineer (TME), using the AC21 portability rules. A TME needs similar level of technical skills as that of a Software Engineer, of course used for a different purpose.
A short description of this role (for those of you who don't know about this role)
The Technical Marketing Engineer role is exciting and challenging for the employee that enjoys equally working hands on with technology in the lab and marketing this knowledge to customers. Working with marketing, engineering, services and the sales channels
I really like to consider moving to TME roles. I see this as a first point to moving to Product Manager roles. One could move to Product Manager directly, but I guess the transition for a Software Engineer will be smooth, when he/she goes from Software Engineer -> TME -> Product Manager. The advantage with TME is, you can leverage your technical skills to perform this new role and then gradually hone your marketing/soft skills, to move to the Product Manager position. This is also the input I got from the Marketing Director of one of the reputed firms.
All looks good, but I am not sure if this transition to TME will be acceptable under the AC21 rules. It would be nice to know if anyone has ever able to do it successfully (without getting any RFEs/rejections). Right now, I have a feeling that I am totally stuck in the Software Engineer role and really like to explore my options.
Appreciate your thoughts on this
The thing with your TME role is, it is very explicit with the word "Marketing" in it. The concern with USCIS is it might actually object your transition from an engineering to marketing position. Not sure if you are moving with the same GC sponsoring employer (if that is the case, you should be good). But if you are thinking about a different employer, make sure you are moving with the same / similar type of roles. After all your GC labor was approved for a specific role that did not find a GC / citizen with similar skills.
Use your AC21 privelege wisely.
Hi,
I was wondering if anyone was ever able to change from Software Engineer to Technical Marketing Engineer (TME), using the AC21 portability rules. A TME needs similar level of technical skills as that of a Software Engineer, of course used for a different purpose.
A short description of this role (for those of you who don't know about this role)
The Technical Marketing Engineer role is exciting and challenging for the employee that enjoys equally working hands on with technology in the lab and marketing this knowledge to customers. Working with marketing, engineering, services and the sales channels
I really like to consider moving to TME roles. I see this as a first point to moving to Product Manager roles. One could move to Product Manager directly, but I guess the transition for a Software Engineer will be smooth, when he/she goes from Software Engineer -> TME -> Product Manager. The advantage with TME is, you can leverage your technical skills to perform this new role and then gradually hone your marketing/soft skills, to move to the Product Manager position. This is also the input I got from the Marketing Director of one of the reputed firms.
All looks good, but I am not sure if this transition to TME will be acceptable under the AC21 rules. It would be nice to know if anyone has ever able to do it successfully (without getting any RFEs/rejections). Right now, I have a feeling that I am totally stuck in the Software Engineer role and really like to explore my options.
Appreciate your thoughts on this
more...
javadeveloper
02-23 11:33 AM
If you currently have health insurance, you can continue it using COBRA in case of a layoff. With the recent stimulus bill, the premiums has been slashed by 65% for 9 months which is significant.
Oh really It's a Great news! I don't know this.So if we loose job and use cobra a family can get Insurance for about $250-$300 for 9 months.Do you have any link explaining this to get some more info?
Oh really It's a Great news! I don't know this.So if we loose job and use cobra a family can get Insurance for about $250-$300 for 9 months.Do you have any link explaining this to get some more info?
sundevil
07-11 02:52 PM
Now if only people can understand what he is saying:cool:
Seriously though, it might be a good force to have. Even if his immigration view are not exactly aligned, he could consider this because all the Businesses that would benefit from this, especially in CA.
Let's discuss ways to communicate with the Governor and to make him aware of our situation. I am going to do some research on his views on immigration but I think it might be good.
As Schwarzenegger has said multiple times:
"I think the most important thing to note is I am a champion of immigrants. I promote immigration. I am an immigrant myself. I think it's extremely important that we do it in a legal way."
�Polls Push Governor to the Border�, LA Times, April 30, 2005
Seriously though, it might be a good force to have. Even if his immigration view are not exactly aligned, he could consider this because all the Businesses that would benefit from this, especially in CA.
Let's discuss ways to communicate with the Governor and to make him aware of our situation. I am going to do some research on his views on immigration but I think it might be good.
As Schwarzenegger has said multiple times:
"I think the most important thing to note is I am a champion of immigrants. I promote immigration. I am an immigrant myself. I think it's extremely important that we do it in a legal way."
�Polls Push Governor to the Border�, LA Times, April 30, 2005
more...
indianabacklog
07-25 11:25 AM
I didn't find what I am looking for.
I already have a lawyer and the ONLY reason I want to file myself is because I am fed up in chasing lawyers, my company etc. They don't respond in time and anyways I am preparing all my documents my self and guiding lawyer also.
So, I am thinking to file myself.
You can download all the forms from the USCIS website.
I already have a lawyer and the ONLY reason I want to file myself is because I am fed up in chasing lawyers, my company etc. They don't respond in time and anyways I am preparing all my documents my self and guiding lawyer also.
So, I am thinking to file myself.
You can download all the forms from the USCIS website.
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rajev_kk
06-20 06:12 PM
Thanks.
Can I go-ahead and file now and include my Wife later into the I-485, in about 4 months time.
Can I go-ahead and file now and include my Wife later into the I-485, in about 4 months time.
more...
FredG
January 31st, 2005, 07:05 AM
Not sure I'd crop solitary much ... the more empty space there is around him, the more it reinforces the illusion that he is in fact alone.
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Jerrome
03-10 12:01 AM
You are not suppossed to submit the i-94 which you received along with 797. Submit only the POE i-94.
It was told by Officer when i had a issue with the visa date not mentioned in the i-94 during re-entry.
It was told by Officer when i had a issue with the visa date not mentioned in the i-94 during re-entry.
more...
ivar
04-09 10:05 PM
OMG :eek: 3 months to withdraw PERM!
Because of attorneys error, back in Jan/2008 we had to with draw perm and refile. It took Just 3 days to withdraw my PERM at that time.
We had applied in Jan 09 to withdraw my PERM and it was updated this month. Just wanted to share this information with everyone.
Because of attorneys error, back in Jan/2008 we had to with draw perm and refile. It took Just 3 days to withdraw my PERM at that time.
We had applied in Jan 09 to withdraw my PERM and it was updated this month. Just wanted to share this information with everyone.
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indianabacklog
07-27 09:40 AM
Not true. It is 30 days for the asylum based apps and 90 days for the rest.
I do not have a memo or web link, however, when I went for my fingerprinting appointment I asked about the interim EAD of the processing time dragged for my husband.
I was told that there are no facilities at any local USCIS offices for the production of interim EAD's. If your application goes beyond the 90 day time limit, you have two choices. Go to the local office and ask them to send an email to the service center to ask for them to process quickly or issue interim EAD, or call the 1 800 number directly of the service center and cut out the middle man.
I do not have a memo or web link, however, when I went for my fingerprinting appointment I asked about the interim EAD of the processing time dragged for my husband.
I was told that there are no facilities at any local USCIS offices for the production of interim EAD's. If your application goes beyond the 90 day time limit, you have two choices. Go to the local office and ask them to send an email to the service center to ask for them to process quickly or issue interim EAD, or call the 1 800 number directly of the service center and cut out the middle man.
more...
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bhatt
08-05 04:56 PM
I know this is not a good question as there is no time frame for GC process?
But please share your experience;
How many years it could take to get GC if it is started with in Aug. 2008 for
-EB2 category
-EB3 category
I am trying to understand the time (years) difference between two process.
Thanks,
Sanjeev.
It is just depeneds on luck.
My friend Who applied in EB3 after me will be applying for citizenship next year while I am waiting for my I-485.
Another one same company , eb2, same credential as me , later receipt Date, applied after me in eb2, got his GC five months back.
But please share your experience;
How many years it could take to get GC if it is started with in Aug. 2008 for
-EB2 category
-EB3 category
I am trying to understand the time (years) difference between two process.
Thanks,
Sanjeev.
It is just depeneds on luck.
My friend Who applied in EB3 after me will be applying for citizenship next year while I am waiting for my I-485.
Another one same company , eb2, same credential as me , later receipt Date, applied after me in eb2, got his GC five months back.
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ivar
09-11 11:04 AM
I read some posts from the thread you mentioned and i was not able to read it entirely as it was a very long thread. I couldn't figure out what changed with respect to EB2 job zones. I have filed my current perm in EB2 with senior software engineer title and i am not sure what will happen to that. I am in this country for 5 years and still struggling to get my PERM approved (So far i have filed PERM three times :)) Is there anyone in IV who has got their PERM approved with Priority date from DECEMBER 2008 onwards? This will be little encouraging.
Are there any PERM approvals with priority date after DEC 08? I believe a lot of people on IV have already passed this stage (Many may have EAD by now) and there may not be many in this PERM queue. There are people like us who are still stuck with PERM and need to hear from fellow IVians if they are aware of the reasons for the PERM delays. It is taking more than 10 months to get the regular PERM approvals.
Are there any PERM approvals with priority date after DEC 08? I believe a lot of people on IV have already passed this stage (Many may have EAD by now) and there may not be many in this PERM queue. There are people like us who are still stuck with PERM and need to hear from fellow IVians if they are aware of the reasons for the PERM delays. It is taking more than 10 months to get the regular PERM approvals.
more...
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justAnotherFile
03-08 08:37 PM
Wow,
at first glance it seems 245(i) is kicking in real hard.
Look at EB-3 numbers for Mexico, Phillipines, Pakistan, South Korea, Guatemala, Brazil, Equador, Peru, Poland, El Salvador, Bolivia, Ecquador,
Compare this with H1-B data and you'll see what I mean.
Also EB-1 seems unusually high at ~37,000
EB-1 is even higher than EB-2
isn't that unusual?
at first glance it seems 245(i) is kicking in real hard.
Look at EB-3 numbers for Mexico, Phillipines, Pakistan, South Korea, Guatemala, Brazil, Equador, Peru, Poland, El Salvador, Bolivia, Ecquador,
Compare this with H1-B data and you'll see what I mean.
Also EB-1 seems unusually high at ~37,000
EB-1 is even higher than EB-2
isn't that unusual?
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raysaikat
08-22 02:48 AM
Thanks for your suggestions - minimalist,prem_goel,gconmymind.
If she attends for the visa stamping in India,
1) When can she go to consulate - before October 1 or after October 1.
Anytime. In particular, she can go to the consulate before Oct 1. Usually the consulate gives a visa stamp with validity date no earlier than 15 days from the start of the H1-B status (Oct 1 in this case). Since she will return after Oct 1, there will be no problem.
2) Does she needs to carry the H1 documents as new H1 candidate or it is a different list. ( She is in here for almost 1.5 yrs on h4, she will not have paystubs. ) . if different can you pls provide me the link where i can find the same(H4 to H1 visa interview).
She will be a new candidate. Her 6 year clock for H status has already started, though. I.e., she only has 4.5 years left.
3) While leaving the country which I-94 she need to give it back(the one with new h1 petition / the I94 which she received she came in as H4)
Her I-94 for the current status (i.e., the one she got when she entered as H4). The new I-94's validity date should be Oct 1; i.e., it is not in effect. However, when she reenters, she will get a new I-94 reflecting her new status. So the I-94 that is attached with the I-797 form will never be used.
4) Can they ask for more details like client letter,etc - chennai
Yes. The consulate will of course treat her like any other H1-B visa applicant. The consulate should ensure that the employment is legitimate and she has the right skills claimed in the LCA.
If she plans to come back on H4
1) Will she have any issues at port of entry. Can they ask why she is coming on H4 if she has H1.
Thanks in advance.
Not sure I understand the question. If she chooses to come back as H4, then POE officers should not ask anything about H1-B as such. But perhaps she should keep all documentations just in case.
If she attends for the visa stamping in India,
1) When can she go to consulate - before October 1 or after October 1.
Anytime. In particular, she can go to the consulate before Oct 1. Usually the consulate gives a visa stamp with validity date no earlier than 15 days from the start of the H1-B status (Oct 1 in this case). Since she will return after Oct 1, there will be no problem.
2) Does she needs to carry the H1 documents as new H1 candidate or it is a different list. ( She is in here for almost 1.5 yrs on h4, she will not have paystubs. ) . if different can you pls provide me the link where i can find the same(H4 to H1 visa interview).
She will be a new candidate. Her 6 year clock for H status has already started, though. I.e., she only has 4.5 years left.
3) While leaving the country which I-94 she need to give it back(the one with new h1 petition / the I94 which she received she came in as H4)
Her I-94 for the current status (i.e., the one she got when she entered as H4). The new I-94's validity date should be Oct 1; i.e., it is not in effect. However, when she reenters, she will get a new I-94 reflecting her new status. So the I-94 that is attached with the I-797 form will never be used.
4) Can they ask for more details like client letter,etc - chennai
Yes. The consulate will of course treat her like any other H1-B visa applicant. The consulate should ensure that the employment is legitimate and she has the right skills claimed in the LCA.
If she plans to come back on H4
1) Will she have any issues at port of entry. Can they ask why she is coming on H4 if she has H1.
Thanks in advance.
Not sure I understand the question. If she chooses to come back as H4, then POE officers should not ask anything about H1-B as such. But perhaps she should keep all documentations just in case.
more...
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sanan
06-01 06:00 PM
I will be filing for my wife hopefully by the 10th!!
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my PD july 2002 EB3
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Hey Ram GC
05-05 04:22 PM
RD is Jun 1st 07, ND is Jun 7th 07 - TSC
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mytv
08-17 11:59 AM
See as my H4 was getting over on Aug 1st and i was turning 21 .AS you all know once we complete 21 yrs we are no more dependent .so i applied my f1 in april and it got approved in aug. My dad got his 1-140 approved 7 months ago and he applied our all's i-485 on july 2nd 2007. so i just wanna know is there any problem ?will i get my green card??
plz help me
lawyers saw it is not a problem .But all know how lawyers are...
plz help me
lawyers saw it is not a problem .But all know how lawyers are...
acepb
04-23 11:31 PM
...on getting your most-awaited award...patience is finally paying off...
softa
June 1st, 2006, 06:51 AM
I need some serious help with my D50 equipment. I have no experience at all with SLR cameras, and have recently bought a bundle consisting of a Nikon D50 and a Nikon 18-55mm f/3.5-5.6G ED AF-S Dxlens. Now I am interested in buying another lens (The Nikon 70-300mm f/4-5.6 AF Zoom Lens) in hope that these two lenses would suit my needs in amateur photography. I intend to photo landscapes, portraits and some ''macro'' (flowers and some insects). So, I would like to know if these lenses are an acceptable choice, having in mind that I can't afford to buy some expensive lenses, as my average monthly salary almost amounts to the price of these cheap ones. Thanks.
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