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ramaonline
07-27 09:54 PM
AFAIK, to switch to consular processing, you may need to withdraw the I485 and file an amended I140 indicating Consular processing. Please confirm with an attorney
There was a post on the attorney forum with some additional information
It is certainly possible to continue the green card process in your situation. The key requirement is that once your PD becomes current you MUST have a full time permanent job offer in the US, which you intend to accept.
If you abandon your I-485 and pursue consular processing, that position MUST be in the same position and with the same employer that obtained your labor certification. AC-21 DOES NOT APPLY TO CONSULAR PROCESSING. If you maintain either your A/P validity or H-1 visa validity, as long as the position is in the "same or similar occupation", it can be with any US employer.
Keep in mind that even if your family ends up abandoning their I-485's, as long as you do not abandon your I-485 they will be able to "follow to join" you once your AOS is granted.
Also keep in mind the possibility of EB-1 eligibility if your position with the new company can be characterized as managerial or executive and you are able to secure a transfer back to the US in a managerial or executive position after working in India for at least one year.
There was a post on the attorney forum with some additional information
It is certainly possible to continue the green card process in your situation. The key requirement is that once your PD becomes current you MUST have a full time permanent job offer in the US, which you intend to accept.
If you abandon your I-485 and pursue consular processing, that position MUST be in the same position and with the same employer that obtained your labor certification. AC-21 DOES NOT APPLY TO CONSULAR PROCESSING. If you maintain either your A/P validity or H-1 visa validity, as long as the position is in the "same or similar occupation", it can be with any US employer.
Keep in mind that even if your family ends up abandoning their I-485's, as long as you do not abandon your I-485 they will be able to "follow to join" you once your AOS is granted.
Also keep in mind the possibility of EB-1 eligibility if your position with the new company can be characterized as managerial or executive and you are able to secure a transfer back to the US in a managerial or executive position after working in India for at least one year.
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mrdinh
February 9th, 2004, 08:34 PM
why?...it is not that noisy in high iso at all...very usuable compared to the d1x
anil_gc
11-26 05:29 PM
Folks,
Got a question on surrendering I-94 when leaving USA. Do we just need to surrender the one issued in POE when coming to USA, or we need to surrender the I-94 that came with I-797 approval notice as well. I'm getting different opinion from different folks, Some say surrender only the White one issued in POE, few say surrender the one attached to I-797 approval notice as well. One friend of my mine, was asked to show the part attached to I-797 when he went for visa stamping and luckily he surrendered only the white one issued in POE and he did not surrender the one attached to I-797, so he had it with him.
Folks, please share your experience on this.
Sorry for the new thread, if this had been discussed on other threads as well.
Thanks,
I think the number on both will be the same so if you submit any one that is enough. When you come back you get a new I-94 number
Got a question on surrendering I-94 when leaving USA. Do we just need to surrender the one issued in POE when coming to USA, or we need to surrender the I-94 that came with I-797 approval notice as well. I'm getting different opinion from different folks, Some say surrender only the White one issued in POE, few say surrender the one attached to I-797 approval notice as well. One friend of my mine, was asked to show the part attached to I-797 when he went for visa stamping and luckily he surrendered only the white one issued in POE and he did not surrender the one attached to I-797, so he had it with him.
Folks, please share your experience on this.
Sorry for the new thread, if this had been discussed on other threads as well.
Thanks,
I think the number on both will be the same so if you submit any one that is enough. When you come back you get a new I-94 number
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b3mus3d
11-11 08:11 AM
Oh that's flipping typical, I think my hosting went down.
Right, I'll just set up a photobucket account for the moment...
http://i28.photobucket.com/albums/c239/b3mus3d/stamp5.png
http://i28.photobucket.com/albums/c239/b3mus3d/stamp4.png
http://i28.photobucket.com/albums/c239/b3mus3d/stamp3.png
http://i28.photobucket.com/albums/c239/b3mus3d/stamp6.png
There, that's not all of them but my hosting should be back soonish.
Right, I'll just set up a photobucket account for the moment...
http://i28.photobucket.com/albums/c239/b3mus3d/stamp5.png
http://i28.photobucket.com/albums/c239/b3mus3d/stamp4.png
http://i28.photobucket.com/albums/c239/b3mus3d/stamp3.png
http://i28.photobucket.com/albums/c239/b3mus3d/stamp6.png
There, that's not all of them but my hosting should be back soonish.
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tb2904
07-02 12:15 PM
http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html
giveme_gc
10-17 02:38 PM
I have got federal loan under this same situation. Wondering why you need a private loan ?
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kate123
08-22 04:59 PM
http://timesofindia.indiatimes.com/US_faces_reverse_brain_drain_says_study/articleshow/2302417.cms
2010 quot;The Last Goodbyequot; is the
eyeswe
05-15 12:49 PM
Thanks for the quick reply. Did you have a permanent US address though as you shuttled between Toronto and US?
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prince_waiting
09-11 12:58 PM
Given the general apathy and hatred towards the term 'H1B' most anti immigrant groups after the rally are likely to come up with headlines/captions for their stories such as 'H1B Temporary workers rally in Washington' and so on. During the flower campaign I happened to come across such a headline on steireport.com, 'H1B workers in flowery protest' or something on similar lines. These anti immigrant groups deliberately downplay the term 'High Skilled Immigrants'.
Since most of us have filed for AOS under the revised August visa bulletin we are termed as Adjustees. As we all know adjustees can stay in this country without a visa under the protection of the Attorney General of the United States. Also we are aware of that adjustees are given EAD to work and AP to travel in and out of the country which are special rights till their case is decided. I think we should highlight this point if we come up across forums/interviews which use the 'H1B workers' stick to beat down our rights as 'Adjustees under the protection of the Attorney General of the US'.
Just a thought I wanted to share it with this community. If not found relevant to the cause please feel free to delete this post.
Since most of us have filed for AOS under the revised August visa bulletin we are termed as Adjustees. As we all know adjustees can stay in this country without a visa under the protection of the Attorney General of the United States. Also we are aware of that adjustees are given EAD to work and AP to travel in and out of the country which are special rights till their case is decided. I think we should highlight this point if we come up across forums/interviews which use the 'H1B workers' stick to beat down our rights as 'Adjustees under the protection of the Attorney General of the US'.
Just a thought I wanted to share it with this community. If not found relevant to the cause please feel free to delete this post.
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peer123
12-18 08:26 PM
Is more than 6 yrs of IT experience from a non-computers engg background good for applying for EB2 position? Can you comment from your experience.
I have similar situation. I am getting an already approved labor for gc processing. it needs 5yrs progressive exp and bachelor degree in engg. Now I do have nearly 5 years at the time of application and now (9 years). have same degree work for same company as the company applied and also match in experience almost 100%. Is there any risk in I140 approval.
I have similar situation. I am getting an already approved labor for gc processing. it needs 5yrs progressive exp and bachelor degree in engg. Now I do have nearly 5 years at the time of application and now (9 years). have same degree work for same company as the company applied and also match in experience almost 100%. Is there any risk in I140 approval.
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vaishu.naidu
04-02 10:18 AM
I and my wife are on EAD here and my wife had to go to India urgently on an Advance Parole that was expired last month. Can I apply for the AP renewal for her while she is in India, so that she can come back without any problems? Please let me know what options do I have. I am hoping that she would not be out of status or staying illegally here. Any answers would be very much appreciated. Thanks all.
Please tell me what options I have with me now.
Please tell me what options I have with me now.
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RandyK
11-15 03:30 PM
http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf
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vullankib
06-29 04:09 PM
It will be renewal
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Macaca
03-02 04:34 PM
The bill will start from the Immigration (http://immigrationvoice.org/forum/showpost.php?p=49120&postcount=8) sub-committee of Senate's Judiciary committee.
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vikki76
04-04 12:52 PM
ImmigrationVoice was exceeding character limits for handle
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pappu
04-07 04:59 AM
Check news article thread first post and modify the text. We would prefer everyone writes a simple post in their own words. It does not need to be long. For more details they can look at IV site.
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guy03062
12-08 08:07 PM
I think we're looking for Jan '09 bulletin ;)
India:
EB2 -> 01-JUN-2003
EB3 -> 01-OCT-2001
http://travel.state.gov/visa/frvi/bulletin/bulletin_4384.html
India:
EB2 -> 01-JUN-2003
EB3 -> 01-OCT-2001
http://travel.state.gov/visa/frvi/bulletin/bulletin_4384.html
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dhoniboy
07-24 04:36 PM
My attorney signed my I-485 AOS/EAD/AP applications and posted them on July 2nd as he was in a hurry to apply because of July 2nd scenario. Is it ok for the attorney to sign our papers. Is anybody in the same boat as me. I am a little concerned as the USCIS FAQ says application can be rejected if signature is missing. The application reached USCIS on July 3rd.
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smuggymba
10-08 03:00 PM
I thought u r H1 status since 1st october. Have u started working for the new H1 employer (leaving ur L1 behind).
I'm saying u can move from one H1 comp to another within 30 days without paystubs. If u r not even on H1, then this case doesn't arise. At L1, u can't transfer.
I'm saying u can move from one H1 comp to another within 30 days without paystubs. If u r not even on H1, then this case doesn't arise. At L1, u can't transfer.
seeking_GC
07-02 09:45 AM
I live/work in california - and on the I-485 form it says the address is :
USCIS Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501-7485
but it also says in the first few lines in the form:
If you live in one of these states or territories, please read this notice to determine your filing location:
ALASKA, CALIFORNIA, IDAHO, IOWA, KANSAS, MARYLAND, MISSOURI, MONTANA, NEBRASKA, NEW MEXICO,OKLAHOMA, OREGON, TEXAS, AND WASHINGTON
AS PREVIOUSLY PUBLISHED AND REMAINS IN EFFECT - EFFECTIVE DECEMBER 1, 2004DIRECT MAIL INSTRUCTIONS FOR PERSONS FILING FORM I-485
Also if I use fedex then it cant deliver to the PO Box..I am really confused..
If its possible to file at a local USCIS center its better because it can reach there faster- maybe even today?
Can someone please advise? Apologies if this has been covered already.
USCIS Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501-7485
but it also says in the first few lines in the form:
If you live in one of these states or territories, please read this notice to determine your filing location:
ALASKA, CALIFORNIA, IDAHO, IOWA, KANSAS, MARYLAND, MISSOURI, MONTANA, NEBRASKA, NEW MEXICO,OKLAHOMA, OREGON, TEXAS, AND WASHINGTON
AS PREVIOUSLY PUBLISHED AND REMAINS IN EFFECT - EFFECTIVE DECEMBER 1, 2004DIRECT MAIL INSTRUCTIONS FOR PERSONS FILING FORM I-485
Also if I use fedex then it cant deliver to the PO Box..I am really confused..
If its possible to file at a local USCIS center its better because it can reach there faster- maybe even today?
Can someone please advise? Apologies if this has been covered already.
theoneit
02-14 05:30 PM
hi,
I am a little confused on my case. This is how it is:
I recently got married and am back in the US. My wife is employed in India and shall be filing for her H1 this year(Apr08).
At the same time,given the unsurity of H1,we shall also be going for her H4 Visas in Mar-Apr so that she can be here in the US,ASAP.
I have a few doubts/questions:
1) Since her H1 would be filed on April 1st,do I need to wait till April 1st before going for her H4 so that her application stands clean ?
and
If I go for her H4 before April 1st(say March 29th),does her H1 filing need the H4 details ?
Also,assuming during her H1 filing she didnt have H4 and then gets her H4(say on Apr 2nd) and comes to the US. Assuming her H1 gets approved,does she have to leave the country and get her H1 stamped for change of Visa from H4 to H1(note at the time of H1 application she didnt have her H4 Visas) ?
I hope I am able to explain my confusion well. Any help on this is appreciated.
Thanks !!
I am a little confused on my case. This is how it is:
I recently got married and am back in the US. My wife is employed in India and shall be filing for her H1 this year(Apr08).
At the same time,given the unsurity of H1,we shall also be going for her H4 Visas in Mar-Apr so that she can be here in the US,ASAP.
I have a few doubts/questions:
1) Since her H1 would be filed on April 1st,do I need to wait till April 1st before going for her H4 so that her application stands clean ?
and
If I go for her H4 before April 1st(say March 29th),does her H1 filing need the H4 details ?
Also,assuming during her H1 filing she didnt have H4 and then gets her H4(say on Apr 2nd) and comes to the US. Assuming her H1 gets approved,does she have to leave the country and get her H1 stamped for change of Visa from H4 to H1(note at the time of H1 application she didnt have her H4 Visas) ?
I hope I am able to explain my confusion well. Any help on this is appreciated.
Thanks !!
Source URL: http://cyclistatlarge.blogspot.com/2011/01/last-goodbye-david-cook-album-cover.html
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