amoljak
05-03 07:32 AM
If you have enough time or not depends on if your country of origin is retrogressed. In your case retrogression will help you.
You do not need to be working for the new employer for them to start the green card process. So no need to wait for H1B transfer. But most employers would not do that.
To get one year extensions, Your case has to be pending for at least a year. That clock starts when you apply for labor. With PERM there is two months of recruiting (one month recruiting and one month cool down) before you can apply for labor. So it looks like you will not meet this deadline. (You may be able to extend your current H1B for the time you were out of the country)
So your only hope is that your labor certification goes through and your I140 goes through and your country is retrogressed. Then the one year rule does not apply and you can extend H1B for three years.
So pray that congress does not fix the retrogression problem until you get your three year extension :)
You do not need to be working for the new employer for them to start the green card process. So no need to wait for H1B transfer. But most employers would not do that.
To get one year extensions, Your case has to be pending for at least a year. That clock starts when you apply for labor. With PERM there is two months of recruiting (one month recruiting and one month cool down) before you can apply for labor. So it looks like you will not meet this deadline. (You may be able to extend your current H1B for the time you were out of the country)
So your only hope is that your labor certification goes through and your I140 goes through and your country is retrogressed. Then the one year rule does not apply and you can extend H1B for three years.
So pray that congress does not fix the retrogression problem until you get your three year extension :)
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somegchuh
07-17 03:36 PM
Just got back from Canada. It was really straightforward.
Showed passport and GC at Canadian checkpost... No questions asked about canadian immigration.
On the way back showed green cards, again no questions....
Wow... after almost 10 years on H1, it is unbelievable how uneventful travel on GC can be :D
Showed passport and GC at Canadian checkpost... No questions asked about canadian immigration.
On the way back showed green cards, again no questions....
Wow... after almost 10 years on H1, it is unbelievable how uneventful travel on GC can be :D
gxr
09-26 02:12 PM
Got EAD approved on 09/25. Filed on 07/03, RN is 09/11. - NSC, 140 still pending.
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Dipika
03-26 11:21 AM
why will it retrogate again? we will see forward movement. be +ve and optimistic.:)
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solaris27
03-31 08:52 AM
Congratulations
chanduv23
12-24 09:13 AM
Congratulations to IV and its great leaders.
Congratulations to all the members for holding this fortress.
Congratulations to all the selfless volunteers who have dedicated time, skill, effort and money on IV.
We must also congratulate Anti immgrants, Dormant members, Freeloaders, people with no faith in hard/good work because you help in making the organization stronger day by day.
Congratulations to all the members for holding this fortress.
Congratulations to all the selfless volunteers who have dedicated time, skill, effort and money on IV.
We must also congratulate Anti immgrants, Dormant members, Freeloaders, people with no faith in hard/good work because you help in making the organization stronger day by day.
more...
gc_buddy
03-07 04:30 PM
EAD applied at NSC on 12/06.
USCIS recd date 12/07
RFE on Feb 9th for Photographs
RFE replied on Feb 14th.
Still pending.
USCIS recd date 12/07
RFE on Feb 9th for Photographs
RFE replied on Feb 14th.
Still pending.
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optimist
09-30 09:53 AM
Thank you folks, for sharing your thoughts!
thomachan72: Ideally, what you are saying is the best thing to do. But somehow we ended up bringing our goodies here and now we are worried about being harassed by customs when we land in India with all the jewellery :(
By the way, I checked the Indian Customs website (BAGGAGE RULES (http://www.cbec.gov.in/customs/cs-act/formatted-htmls/cs-rulef.htm)) and the limits on jewellery that can be brought in duty-free is:
<quote>
(i) upto an aggregate value of Rs. 10,000 by a gentleman passenger
(ii) Upto aggregate value of Rs. 20,000 by a lady passenger.
</quote>
How generous, isn't it?? :eek:
Any one else, with good/bad experiences to share about this ?
.
.
thomachan72: Ideally, what you are saying is the best thing to do. But somehow we ended up bringing our goodies here and now we are worried about being harassed by customs when we land in India with all the jewellery :(
By the way, I checked the Indian Customs website (BAGGAGE RULES (http://www.cbec.gov.in/customs/cs-act/formatted-htmls/cs-rulef.htm)) and the limits on jewellery that can be brought in duty-free is:
<quote>
(i) upto an aggregate value of Rs. 10,000 by a gentleman passenger
(ii) Upto aggregate value of Rs. 20,000 by a lady passenger.
</quote>
How generous, isn't it?? :eek:
Any one else, with good/bad experiences to share about this ?
.
.
more...
shankar_thanu
08-03 10:01 PM
I applied in July, RD Jul 2nd. TSC
Havent seen any changes on my case status. my name check hasn't cleared yet. I called and spoke with an IO, she said name check wasnt cleared, wouldnt tell how long its been with FBI. I asked about the 180 day name check rule and she said it doesnt matter they still woudnt work on the case till NC was cleared.
Havent seen any changes on my case status. my name check hasn't cleared yet. I called and spoke with an IO, she said name check wasnt cleared, wouldnt tell how long its been with FBI. I asked about the 180 day name check rule and she said it doesnt matter they still woudnt work on the case till NC was cleared.
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sriswam
06-29 03:36 PM
As per the blog from www.immigration-law.com, today is the last day USCIS will accept any Premium Processing requests for I-140s...
06/29/2007: Today Will be the Last Date for I-140 PPS Filing
USCIS has confirmed that the last day when they will accept the I-907 premium processing request for I-140 petition is today, June 29, 2007. Obviously "accept" means physically received or e-filed within today. Again, it is uncertain when the PPS was delivered to the postal station today but not picked up today. This is the risk involving delivery of documents to the Service Center via U.S. Express Mail. Such Express Mail remains in the postal station until it is picked up by the Service Center crew.
I mailed Matthew OH about that. He has corrected the part about e-filing PPS (that's not an option)
He says thats USCIS told him that they have to be *received* today. However, the customer service rep I called said its the *postmark* date. I guess it doesnt hurt to try mailing docs today. At worst, they return it.
vkxml- I dont think that the act of opting to go PP would cause an RFE. Every case goes through the same process. It's not as if there are different rules for processing regular vs premium.
06/29/2007: Today Will be the Last Date for I-140 PPS Filing
USCIS has confirmed that the last day when they will accept the I-907 premium processing request for I-140 petition is today, June 29, 2007. Obviously "accept" means physically received or e-filed within today. Again, it is uncertain when the PPS was delivered to the postal station today but not picked up today. This is the risk involving delivery of documents to the Service Center via U.S. Express Mail. Such Express Mail remains in the postal station until it is picked up by the Service Center crew.
I mailed Matthew OH about that. He has corrected the part about e-filing PPS (that's not an option)
He says thats USCIS told him that they have to be *received* today. However, the customer service rep I called said its the *postmark* date. I guess it doesnt hurt to try mailing docs today. At worst, they return it.
vkxml- I dont think that the act of opting to go PP would cause an RFE. Every case goes through the same process. It's not as if there are different rules for processing regular vs premium.
more...
kilubilu46
08-06 10:07 AM
Could not attend the coffee appt. Hopefully will be able to attend the lunch.
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antihero
11-27 12:36 AM
If we have an AP, then do we still require a transit visa?
I am thinking of traveling by qatar airlines. I believe they dont have any transit visa requirement.
I am thinking of traveling by qatar airlines. I believe they dont have any transit visa requirement.
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gcnirvana
01-17 12:33 PM
Hello,
To issue an Individual Taxpayer Identification Number (ITIN) for an H4 visa holder, the local IRS office is asking Indian passport and Indian birth certificate. It is difficult to get birth certificate in India because the birth was never registered. Is it OK to submit the affidavit given by parents (the kind usually used for immigration needs), instead of the birth certificate, to get the ITIN number. If anyone got their ITIN number by using such affidavit given by parents, please post your reply. Thanks in advance.
slc_ut
You've to apply for the ITIN when you file your tax returns. But you should not send the docs to the address shown in the 1040 or 1040EZ, etc. but to the address shown in form W-7 (ITIN). Once IRS assigns an ITIN # to the H4 applicant, they'll send the tax return filing docs along with the ITIN# to the appropriate dept for filing tax returns.
By the way, you don't need a Birth Certificate for an ITIN, just a notorized copy of the passport will do. Atleast that was the case till last year. Checkout the following site for more info on ITIN and tax returns:
http://www.irs.gov/individuals/article/0,,id=96287,00.html
hope this helps,
GCNirvana
To issue an Individual Taxpayer Identification Number (ITIN) for an H4 visa holder, the local IRS office is asking Indian passport and Indian birth certificate. It is difficult to get birth certificate in India because the birth was never registered. Is it OK to submit the affidavit given by parents (the kind usually used for immigration needs), instead of the birth certificate, to get the ITIN number. If anyone got their ITIN number by using such affidavit given by parents, please post your reply. Thanks in advance.
slc_ut
You've to apply for the ITIN when you file your tax returns. But you should not send the docs to the address shown in the 1040 or 1040EZ, etc. but to the address shown in form W-7 (ITIN). Once IRS assigns an ITIN # to the H4 applicant, they'll send the tax return filing docs along with the ITIN# to the appropriate dept for filing tax returns.
By the way, you don't need a Birth Certificate for an ITIN, just a notorized copy of the passport will do. Atleast that was the case till last year. Checkout the following site for more info on ITIN and tax returns:
http://www.irs.gov/individuals/article/0,,id=96287,00.html
hope this helps,
GCNirvana
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walking_dude
03-20 10:11 AM
There are 35 Senate seats up for election in November along with the post of President. That is 35% of 100 seat Senate. It will be a different Senate as Dems are projected to win many of these seats and Repubs are projected to lose them. As things stand, now GOP [Republicans] are strategizing how to prevent Democrats from getting filibuster-proof 60 seat majority in the Senate. Even if they (dems) don't get 60 seats [ lets say they are 2-3 seats short] they can easily provide incentives for 2-3 Republican Senators to cross-over and vote with them [ much easier than getting 9-10 like now!]. That way, it will be a different Senate.
http://www.electoral-vote.com/evp2008/Senate/senate_races.html
And the whole of House of Representatives [ which has 2 years term] is up for election too [ last election was in 2006]. It's true that all media attention is focussed on Presidential election. But there are also going to be major changes in the House as well as the Senate.
I agree with you on one point. Definitely Lobbying will be needed to be done after the elections. Its the only way to attach IVs provisions to some other bill and getting it passed. There's no other way to get them passed.
Ok move over Prez elections..what happens in 09 after the Prez election..the current senate is the same..which refuses to pass any immi bill..just because the Prez elections will get over this year..why are we expecting that next year any bill will pass??..
So Lobby , more lobbying and extreme lobbying..is the way to go..!!I dont see any other way out;)
http://www.electoral-vote.com/evp2008/Senate/senate_races.html
And the whole of House of Representatives [ which has 2 years term] is up for election too [ last election was in 2006]. It's true that all media attention is focussed on Presidential election. But there are also going to be major changes in the House as well as the Senate.
I agree with you on one point. Definitely Lobbying will be needed to be done after the elections. Its the only way to attach IVs provisions to some other bill and getting it passed. There's no other way to get them passed.
Ok move over Prez elections..what happens in 09 after the Prez election..the current senate is the same..which refuses to pass any immi bill..just because the Prez elections will get over this year..why are we expecting that next year any bill will pass??..
So Lobby , more lobbying and extreme lobbying..is the way to go..!!I dont see any other way out;)
more...
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niklshah
01-29 07:26 PM
Is that your new year wish? :)
I do not see any possibility unless some miracle happens.
i see pappu more after IV's new web makeover ....i think he likes blue color more....:p
jk take it easy...
I do not see any possibility unless some miracle happens.
i see pappu more after IV's new web makeover ....i think he likes blue color more....:p
jk take it easy...
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iad2ead
12-12 06:56 PM
Can admin create a poll to get some inputs from members?
thx
Iad
thx
Iad
more...
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GC4US
03-23 12:21 AM
Could someone tell me please.....I'm filling the application for advance parole the first time......what should I write where it is written: " Date of intended departure"...if I dont know exactly when I'm leaving....should I write a date or should I write " I dont know yet?"
And also I read that the documents required are 2 photos, I-485 receipt notice, I-140 approval notice.....is that right? or what other documents do I need?
I would highly appreciate your help!
Thnaks in advance!
And also I read that the documents required are 2 photos, I-485 receipt notice, I-140 approval notice.....is that right? or what other documents do I need?
I would highly appreciate your help!
Thnaks in advance!
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kurtz_wolfgang
08-15 01:20 PM
Thre is a lot of hurt on these forums related to substituted labor..so help will be slow to come.
What does that mean? Care to clarify? I m not a literate person. I have been searching the forum in and out for similar post. After much consideration I put the post. Anyways thanks for the red. Whatever....
What does that mean? Care to clarify? I m not a literate person. I have been searching the forum in and out for similar post. After much consideration I put the post. Anyways thanks for the red. Whatever....
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chanukya
05-17 10:35 PM
I think, if you are US Masters/above plus if you are a member of profession, then you are the luckiest person on earth...
1) Need not File LC
2)U R not counted against the Quota
A hypothetical case where it may not work
But if your are a US-MS Electrical Eng and working as Tech Lead in IT, you do not qualify for this, as Tech Lead for IT may require US MS Comp Science not US-MS Elect Eng....since you do not qualify as memeber of profession.
In which case you need to file LC, which anyway will be a problem becasue of the misamatch of the profession and your qualification.
So for those kind of mismatches it will be really difficult to justify releif under this clause.
1) Need not File LC
2)U R not counted against the Quota
A hypothetical case where it may not work
But if your are a US-MS Electrical Eng and working as Tech Lead in IT, you do not qualify for this, as Tech Lead for IT may require US MS Comp Science not US-MS Elect Eng....since you do not qualify as memeber of profession.
In which case you need to file LC, which anyway will be a problem becasue of the misamatch of the profession and your qualification.
So for those kind of mismatches it will be really difficult to justify releif under this clause.
yabadaba
05-21 07:29 AM
was this when you were entering canada?
mallikonnet
07-06 10:41 AM
Jayant,
Thanks. I will have to return to China because my husband is chinese. If he can not stay here, he would like to go back there and so do I.
Once again thanks for the advice. Let me rephrase my question:
(a) At this point can I file for PERM processing (five months left on H1)?
(b) Case I : If labour does not get cleared within next five months,can I apply for H1 B extension?
(c) Case II : If labour gets cleared within next five months, can I apply for H1B extension?
At this point, I am loooking for extension of one year. Is there any way I can do this?
Thanks a lot again,
Savitri Bhave
hi you waited too long to file PERM. To apply for PERM lawyer need considerable time for advertising and other stuff. I would recommend to meet a lawyer since 5 months is too short for both advertising and filing. if your PERM pending more than 365 days then you will be able to extend H1B visa. Even if you were able to file PERM there is no premium I-140 right now
Another option is to go back to china for 1 year and then coming back again on another 6 year H1B visa term(3 years at a time)
best thing is to consult your company lawyer
goodluck
Thanks. I will have to return to China because my husband is chinese. If he can not stay here, he would like to go back there and so do I.
Once again thanks for the advice. Let me rephrase my question:
(a) At this point can I file for PERM processing (five months left on H1)?
(b) Case I : If labour does not get cleared within next five months,can I apply for H1 B extension?
(c) Case II : If labour gets cleared within next five months, can I apply for H1B extension?
At this point, I am loooking for extension of one year. Is there any way I can do this?
Thanks a lot again,
Savitri Bhave
hi you waited too long to file PERM. To apply for PERM lawyer need considerable time for advertising and other stuff. I would recommend to meet a lawyer since 5 months is too short for both advertising and filing. if your PERM pending more than 365 days then you will be able to extend H1B visa. Even if you were able to file PERM there is no premium I-140 right now
Another option is to go back to china for 1 year and then coming back again on another 6 year H1B visa term(3 years at a time)
best thing is to consult your company lawyer
goodluck
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