calboy78
08-02 08:48 PM
This document:
http://www.uscis.gov/files/article/B5.pdf
Says that :
If you stay outside of the
U.S. for one year or more and did not apply for a re-entry
permit before you left, then you may be considered to have
abandoned your permanent resident status and may be refused
entry into the U.S. if you try to return. If you are in this situation,
contact the U.S. Consulate about a returning resident visa.
You might want to talk to an attorney before !
Good Luck and hope DHS/USCIS will provide some relief to you.
They have decades old laws, which don't make much sense and they have no agenda to change 'em.
http://www.uscis.gov/files/article/B5.pdf
Says that :
If you stay outside of the
U.S. for one year or more and did not apply for a re-entry
permit before you left, then you may be considered to have
abandoned your permanent resident status and may be refused
entry into the U.S. if you try to return. If you are in this situation,
contact the U.S. Consulate about a returning resident visa.
You might want to talk to an attorney before !
Good Luck and hope DHS/USCIS will provide some relief to you.
They have decades old laws, which don't make much sense and they have no agenda to change 'em.
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sbmallik
10-19 10:13 AM
Answers below:
1. Once the I-140 was approved on your behalf, you get to keep the priority date unless the petition is judged as fraud or misrepresentation (per this forum). This is true even if the employer revokes the approved I-140. Keep a copy of I-140 and you should be fine.
2. The job titile need not match exactly, only the category needs to be same (per your labor certification document) - please check out this link (http://www.flcdatacenter.com/OesWizardStart.aspx). Select your job category and locate the job code and make sure the new job has the 'similar' code.
3. Also, starting a new GC process is not linked with the existing I-140 in other words there is no temporal constraint.
4. Not heard about that.
1. Once the I-140 was approved on your behalf, you get to keep the priority date unless the petition is judged as fraud or misrepresentation (per this forum). This is true even if the employer revokes the approved I-140. Keep a copy of I-140 and you should be fine.
2. The job titile need not match exactly, only the category needs to be same (per your labor certification document) - please check out this link (http://www.flcdatacenter.com/OesWizardStart.aspx). Select your job category and locate the job code and make sure the new job has the 'similar' code.
3. Also, starting a new GC process is not linked with the existing I-140 in other words there is no temporal constraint.
4. Not heard about that.
philly2004
06-12 01:30 PM
Any thoughts why EB2 India hasn't gone beyond Apr 04 for over a year.
Is this because of EB3 to EB2 conversions? If so then the likelihood of EB2 - I dates moving a lot in Oct bulletin are low.
Are there any 'guesstimates' out there for the number of EB3 to EB2 conversions?
Is this because of EB3 to EB2 conversions? If so then the likelihood of EB2 - I dates moving a lot in Oct bulletin are low.
Are there any 'guesstimates' out there for the number of EB3 to EB2 conversions?
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casinoroyale
04-02 09:52 AM
My attorney is saying they can file MTR on "USCIS's own motion" with that we don't have to pay the application fee of $585? This is something new to me, but I trust my attorney.
Has anyone else heard of this before? I just want to double check as the last thing I want is USCIS denying my MTR for not filing with the fee.
Has anyone else heard of this before? I just want to double check as the last thing I want is USCIS denying my MTR for not filing with the fee.
more...
kosars
10-02 05:39 PM
Hi all,
I just got the below update from the USCIS website regarding my case.
Has anybody received this?.. What is the possible Evidence that they may be looking for?. Who receives such notice (Me or My lawyer)... Normally what response time would be given?... Please advise...
Current Status: We mailed you a notice requesting additional evidence.
we mailed a notice requesting additional evidence and/or information in this case. Please follow the instructions on the notice to submit the evidence and/or information requested. This case will be held in suspense until we either receive the evidence or the opportunity to submit it expires. Once you submit the information and/or evidence requested, you will be notified by mail when a decision is made, or if the office needs something further from you. If you move while this case is pending, call customer service.
My friend got similar RFE for his wife and daughter. That was for a copy I 140
and marriage certificate.
What happened was he applied to NSC, got transfered to CSC got receipts for the all the applications. Then the 485 was transfered to TSC. The Copy of marriage certificate and birth certifiate for his daughter went with that went with that. When they were processing 765 and 131 they could not find them, so they asked for for more evidence.
Hope that helps
I just got the below update from the USCIS website regarding my case.
Has anybody received this?.. What is the possible Evidence that they may be looking for?. Who receives such notice (Me or My lawyer)... Normally what response time would be given?... Please advise...
Current Status: We mailed you a notice requesting additional evidence.
we mailed a notice requesting additional evidence and/or information in this case. Please follow the instructions on the notice to submit the evidence and/or information requested. This case will be held in suspense until we either receive the evidence or the opportunity to submit it expires. Once you submit the information and/or evidence requested, you will be notified by mail when a decision is made, or if the office needs something further from you. If you move while this case is pending, call customer service.
My friend got similar RFE for his wife and daughter. That was for a copy I 140
and marriage certificate.
What happened was he applied to NSC, got transfered to CSC got receipts for the all the applications. Then the 485 was transfered to TSC. The Copy of marriage certificate and birth certifiate for his daughter went with that went with that. When they were processing 765 and 131 they could not find them, so they asked for for more evidence.
Hope that helps
MartinR
February 16th, 2005, 08:56 AM
Thanks a million MatsP. Here's proof of what I wrote about still learning about this camera after 4 years: I'd never come across EXIF before and after searching through the camera manual I figured I probably didn't have it. Just in case, though, I rumaged around in Irfan and Picture Window Pro and found that all that EXIF information is there after all and I never knew it. I will now take a photo at what I have calculated is the 50mm standard equiv focal length and then check the EXIF to see how close it is.
So, I'm really grateful for your drawing that to my attention. By the way, Farmborough - brings back memories of cycling from the RAE YMCA through to NGTE each day some 25 years ago. I know the YMCA's not there any more and I'm sure the RAE and NGTE have undergone many changes of name since then.
Thanks again
Martin
So, I'm really grateful for your drawing that to my attention. By the way, Farmborough - brings back memories of cycling from the RAE YMCA through to NGTE each day some 25 years ago. I know the YMCA's not there any more and I'm sure the RAE and NGTE have undergone many changes of name since then.
Thanks again
Martin
more...
tabaching
10-22 09:40 PM
Hello guys,
thanks for the reply.
But, my concern is I wasnt in the company's payroll for 5 months. If asked during the interview, what should I tell the IO?
Please advice.
thanks for the reply.
But, my concern is I wasnt in the company's payroll for 5 months. If asked during the interview, what should I tell the IO?
Please advice.
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rb_248
09-05 03:37 PM
No. If you receive the CPO email, then approval is guaranteed, whether the online status changes or not. For some people, including my two dependants, there was neither the CPO email nor the status change, but the cases got approved.
That's exactly what happened to our AP cases last year. No online updates but, got the APs in the mail.
That's exactly what happened to our AP cases last year. No online updates but, got the APs in the mail.
more...
ragz4u
02-03 11:13 AM
If they do implement a new F4 visa, they will allow you to transfer to F4 status I believe. And then current PhDs would be getting the benefit of the new law. Its unlikely that biological science are not a part of physical sciences. What they mean when they say "Physical" sciences is that other sciences like Tom Cruise's scientology and stuff like astrology/palmistry and other fake science is not included as a field in which one could do PhD and obtain GC.
Watch what you say! We might have Tom Cruise jumping on Oprah's couch cursing ImmigrationVoice for a post like this ;-)
Watch what you say! We might have Tom Cruise jumping on Oprah's couch cursing ImmigrationVoice for a post like this ;-)
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Siddharta
01-11 09:11 PM
I dont think u'd be barred from entering that country again on a tourist visa but another PR? For sure u can forget that.
Why is that? What if I have a job offer from a canadian company and they sponsor me?
Why is that? What if I have a job offer from a canadian company and they sponsor me?
more...
jthomas
04-07 03:46 PM
Hi,
My client is a TARP fund received bank.I am planning to go India for 3 weeks in may.My visa expires in Aug09.
I have new H1 extension for 3 years.
--If I go for visa stamping will it be a problem as I am workig for TARP received bank.
--If I don't go for visa stamping and planning to comeback with old visa, will it be a problem at Port Of Entry as my client is TARP received bank and I am on H1B.
you don't have to go to india to restamp your H1B. you can rather stay here and whenever you are going out of the country you need to get h1B stamped.
Regarding TARP received bank, the rules may even change when you had gone for a vacation. Its better not to go back during recession and most important keep your eye open for another job position.
I agree TARP revceived firms cannot renew H1B after 6 years or apply for GC. Those rules may change as per time. Most of the firms who like to hire H1B. So don't know whether it will get better or worst for your situation.
My client is a TARP fund received bank.I am planning to go India for 3 weeks in may.My visa expires in Aug09.
I have new H1 extension for 3 years.
--If I go for visa stamping will it be a problem as I am workig for TARP received bank.
--If I don't go for visa stamping and planning to comeback with old visa, will it be a problem at Port Of Entry as my client is TARP received bank and I am on H1B.
you don't have to go to india to restamp your H1B. you can rather stay here and whenever you are going out of the country you need to get h1B stamped.
Regarding TARP received bank, the rules may even change when you had gone for a vacation. Its better not to go back during recession and most important keep your eye open for another job position.
I agree TARP revceived firms cannot renew H1B after 6 years or apply for GC. Those rules may change as per time. Most of the firms who like to hire H1B. So don't know whether it will get better or worst for your situation.
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we_can
01-02 12:53 PM
Thank you very much.
I dont have a "F" next to the expiry date on the current passport. so i can do the processing for renewal i guess and pay only the $15 for delivery charges.
Pls clarify.
Thanks
Once your passport date is expired, it is considered a new passport issue. You would have to pay the $40 fee plus $15 for mailing. See instructions here
http://www.cgisf.org/visa/indian_services.html
I dont have a "F" next to the expiry date on the current passport. so i can do the processing for renewal i guess and pay only the $15 for delivery charges.
Pls clarify.
Thanks
Once your passport date is expired, it is considered a new passport issue. You would have to pay the $40 fee plus $15 for mailing. See instructions here
http://www.cgisf.org/visa/indian_services.html
more...
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americandesi
03-13 04:32 PM
Here�s how it works. Suppose there are 78 pending GC applications each with a proffered wage of 80K/annum, then the employer should prove at least one of the following to prove �Ability to Pay� for all the applications to go through.
1) Company�s net profit exceeds or equals 78 x 80K = $6,240,000 per annum since the establishment of their Priority Dates
(or)
2) Company�s net assets exceeds or equals 78 x 80K = $6,240,000 per annum since the establishment of their Priority Dates
(or)
3) The company paid >= 80K in salary to all the 78 beneficiaries since the establishment of their Priority Dates
(or)
4) The company paid < 80K (say 70K) in salary to all the 78 beneficiaries since the establishment of their Priority Dates but the difference (10K) was matched by Company�s net profit or net assets (10K x 78 = 7,80,000)
Now let�s assume that the company sponsors GC for 79th employee, then the company should replace 78 with 79 in the conditions specified above and they can�t use the same old figures anymore to prove �ability to pay�.
In your case, I�m afraid that your employer didn�t even meet the condition specified for 78 employees and that resulted in your colleagues I-140 denial. In such situations, USCIS might even revoke previously approved I-140�s because the employer�s financials doesn�t support all the pending GC applications.
Refer http://immigrationvoice.org/forum/showthread.php?t=15993
1) Company�s net profit exceeds or equals 78 x 80K = $6,240,000 per annum since the establishment of their Priority Dates
(or)
2) Company�s net assets exceeds or equals 78 x 80K = $6,240,000 per annum since the establishment of their Priority Dates
(or)
3) The company paid >= 80K in salary to all the 78 beneficiaries since the establishment of their Priority Dates
(or)
4) The company paid < 80K (say 70K) in salary to all the 78 beneficiaries since the establishment of their Priority Dates but the difference (10K) was matched by Company�s net profit or net assets (10K x 78 = 7,80,000)
Now let�s assume that the company sponsors GC for 79th employee, then the company should replace 78 with 79 in the conditions specified above and they can�t use the same old figures anymore to prove �ability to pay�.
In your case, I�m afraid that your employer didn�t even meet the condition specified for 78 employees and that resulted in your colleagues I-140 denial. In such situations, USCIS might even revoke previously approved I-140�s because the employer�s financials doesn�t support all the pending GC applications.
Refer http://immigrationvoice.org/forum/showthread.php?t=15993
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Raj Iyer
09-13 12:45 PM
No., you do npot qualify for EB-2 Unless you do a 3 years MAsters from India or a 2 yrs Masters from a U.S. intitution.
more...
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sorcerer666
03-25 12:52 PM
I think for anyone to help you here, you need to provide more details. If all the facts in the letter that you pasted from USCIS is true, there seems to be very limited grounds for appeal.
***I am not a lawyer***
***I am not a lawyer***
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ameerka_dream
05-16 08:57 AM
Got some info from I M M I H E L P dot com. Hope it's helpful to everybody
--------------------------------------------------------------------------------------------------------
It is possible to register the birth later than one year after the actual date of birth.?
First, We to get a Non-Availability of Birth Certificate (NABC) from the concerned office.
After that, get an affidavit from parent or a close relative stating the birth took place at home/ hospital etc and get it notarized. Then a "vakalatnama" has to be filed by the Parents/close relatives through an attorney and submitted to the Municipality court of that jurisdiction along with the Non-Availability of Birth Certificate.
"A Class" magistrate will then review the case and issue a standing order to the Municipal office to make a fresh entry and then issue a new birth certificate.
You should carry school leaving certificate, tenth or twelfth class certificate, applicant's passport, address proof of parents etc. to them to register your birth. If available, please take the address proof that indicates that your parents lived in that area at the time of your birth. Delayed birth certificates are not considered as conclusive evidence of birth.
If your birth was registered more than 1 after your were born, you must submit the secondary evidence should be submitted along with the certificate.
sources from I M M I H E L P dot com:
http://www..com/birth-certificate/delayed-birth-registration.html
http://www..com/birth-certificate/non-availability-birth-certificate.html
--------------------------------------------------------------------------------------------------------
It is possible to register the birth later than one year after the actual date of birth.?
First, We to get a Non-Availability of Birth Certificate (NABC) from the concerned office.
After that, get an affidavit from parent or a close relative stating the birth took place at home/ hospital etc and get it notarized. Then a "vakalatnama" has to be filed by the Parents/close relatives through an attorney and submitted to the Municipality court of that jurisdiction along with the Non-Availability of Birth Certificate.
"A Class" magistrate will then review the case and issue a standing order to the Municipal office to make a fresh entry and then issue a new birth certificate.
You should carry school leaving certificate, tenth or twelfth class certificate, applicant's passport, address proof of parents etc. to them to register your birth. If available, please take the address proof that indicates that your parents lived in that area at the time of your birth. Delayed birth certificates are not considered as conclusive evidence of birth.
If your birth was registered more than 1 after your were born, you must submit the secondary evidence should be submitted along with the certificate.
sources from I M M I H E L P dot com:
http://www..com/birth-certificate/delayed-birth-registration.html
http://www..com/birth-certificate/non-availability-birth-certificate.html
more...
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saeedi
08-23 10:33 PM
Question:
I belong to Rest of world my category is EB-3 my ETA filed on 02 Jan 2002 and approved on feb 2004 my I-140 approved on april 2004.now my priority date has reached now I would like to ask How long will it take to for further procedure at the embassy and to sheduled my interview get my visa i m not living in USA can u tel me about my issue. I will really appraciate.
Thank you.
I belong to Rest of world my category is EB-3 my ETA filed on 02 Jan 2002 and approved on feb 2004 my I-140 approved on april 2004.now my priority date has reached now I would like to ask How long will it take to for further procedure at the embassy and to sheduled my interview get my visa i m not living in USA can u tel me about my issue. I will really appraciate.
Thank you.
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eb2dec2005
10-16 02:20 PM
Well, iam in the same dilemma. I was out of country for 3 months since March and out of job since then.I recently took up a permanent position.I did not inform my employer about it.The new employer is willing to give the offer letter which is needed for invoking AC21. I do have a copy of the approved
I140.I don't have any contact with my employer except for using the COBRA option of health coverage.So at this point iam not even sure if my approved I140 has been withdrawn or not.
Is it a good idea at this point to invoke AC21 ?
Please pass your valuable suggestions.
I140.I don't have any contact with my employer except for using the COBRA option of health coverage.So at this point iam not even sure if my approved I140 has been withdrawn or not.
Is it a good idea at this point to invoke AC21 ?
Please pass your valuable suggestions.
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forgerator
05-06 08:25 PM
I would be interested in knowing as well.
StuckInTheMuck
07-17 07:46 AM
3 weeks seem to be still in the ballpark. Took about that long to get my FP notice too. Did you e-file? Paper-filers do not get FP notice.
maddipati1
12-17 12:58 PM
people already forgot about Jan Visa bulletin. its almost time for Feb bulletin predictions. wait a couple of days, one of the genius will start a thread for Feb bulletin predictions :-)