gcisadawg
09-06 02:10 PM
Folks,
We are planning to visit India in Nov 08 after three years. I would be using my AP to return after 4 weeks. My wife is planning to stay there for seven months and plans to return using AP. Based on what I see on this thread, seems like it would be very risky for my wife to use AP to re-enter after a seven month period.
I'm still working on H1B and my wife on H4 ( although she has an EAD, she doesnt work). We have H1B approval valid till March 09. My wife would be re-entering in June 09. I'm in the process of renewing my H1 and H4.
If my wife gets her H4 stamping then she can re-enter in June 09 using H4 visa. I plan to re-enter using AP in Nov 08.
I am also planning to consult my lawyer.
Would this work out? Gurus, pls. help
Thanks,
gcisadawg
We are planning to visit India in Nov 08 after three years. I would be using my AP to return after 4 weeks. My wife is planning to stay there for seven months and plans to return using AP. Based on what I see on this thread, seems like it would be very risky for my wife to use AP to re-enter after a seven month period.
I'm still working on H1B and my wife on H4 ( although she has an EAD, she doesnt work). We have H1B approval valid till March 09. My wife would be re-entering in June 09. I'm in the process of renewing my H1 and H4.
If my wife gets her H4 stamping then she can re-enter in June 09 using H4 visa. I plan to re-enter using AP in Nov 08.
I am also planning to consult my lawyer.
Would this work out? Gurus, pls. help
Thanks,
gcisadawg
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vxg
08-03 03:26 PM
USCIS procedures suggest that for preadjudicated cases, they assign visas in order of PD, which should be the case now as focus appears to be on preadjudication. However, if there are no preadjudicated cases, as seemingly was the case last year, they have no way to do it in PD sequence. In that case, they pick files case by case in sequence of receive date (not the RD on your receipt, but the date when someone entered case data, which is close to ND) which works better for USCIS (but not for us) with wide open cut off dates.
What makes people think that USCIS has preadjudicated cases in the order of priority date. If they have preadjudicated cases from 2005,2006 and left the cases from 2003 -2004 then it is the same mess an d i can bet that knowing USCIS chance of this are very very high so even if your date gets current it is still luck whether you get GC ornot.
EB2 - I
PD: Jul 2004
What makes people think that USCIS has preadjudicated cases in the order of priority date. If they have preadjudicated cases from 2005,2006 and left the cases from 2003 -2004 then it is the same mess an d i can bet that knowing USCIS chance of this are very very high so even if your date gets current it is still luck whether you get GC ornot.
EB2 - I
PD: Jul 2004
sri1309
01-14 09:23 PM
:D:D:D:D:D:D:D:D:D:D:D:D:D:D:D:D:D:D:D:D
This is the funniest post ever !
Hi GC, knot sure why you felt it was fannie. Mai I have a klue..
Lets get serious NOW.. I just read one post from one of our dear buddies in change.gov thread that voting is possible now on http://citizensbriefingbook.change.gov.
Please register and vote positively, . Once logged in, search for immigration. AND vote for all the issues that are relevant for us. EB2 and EB3.. Vote for Legal immigrants.
Pappu Bhai, can we make this action item , if you can blink this message once every 2 secs on top of the home page, everyone visiting will try to vote.. Please..
http://citizensbriefingbook.change.gov
This is the funniest post ever !
Hi GC, knot sure why you felt it was fannie. Mai I have a klue..
Lets get serious NOW.. I just read one post from one of our dear buddies in change.gov thread that voting is possible now on http://citizensbriefingbook.change.gov.
Please register and vote positively, . Once logged in, search for immigration. AND vote for all the issues that are relevant for us. EB2 and EB3.. Vote for Legal immigrants.
Pappu Bhai, can we make this action item , if you can blink this message once every 2 secs on top of the home page, everyone visiting will try to vote.. Please..
http://citizensbriefingbook.change.gov
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sriramkalyan
05-02 03:23 PM
Any one has info on working and living in Australia.
I see in 12 months i can get Immigrant Visa... Cost is $1960 ..
Canada may be cold ..Australia has beautiful weather ..
I see in 12 months i can get Immigrant Visa... Cost is $1960 ..
Canada may be cold ..Australia has beautiful weather ..
more...
h1bmajdoor
04-29 08:52 AM
came across "www.desicrunch.com" !! reviews on this website are streotype but if used honestly it could be useful to the community.
google it...
i know desi crunch.
in my humble opinion, we will never find justice and fairness here. UK has already moved in that direction as well. at the rate it is going, every year the GC queue gets longer by _seven_ years.
what is the point of giving me a GC when i'm 70 years old? I've been enslaved all my productive life. What'll i do with a GC in a senior citizen's home?
sadly, the main instrument in our exploitation have been other desis. people at work use my work to become CTOs. i get 500 buck a _year_ increase. when i complain they say "indians can't talk" so they can't rise. what crap. I've lived all over the world and no one ever said i could not talk. they just want to come up with ways to take credit of your work.
tell me, would they ever let a new mexican (even if he is a genius), work in anything except washing dishes or a pizza shop?
Since we cannot vote, and don't have enough money to lobby (bribe) the politicians, we're orphans here. here money talks, BS walks.
a gori told me once - 10 years ago indians used todrive mercedes, now most of them seem poor, now russians drive mercedes. i told her, indians are poor because by law most of them are forbidden from doing anything else except what the govt authorises them to do. russians come direct on GC. land of opportunity, right.
Guys, write to the Indian parliament, Indian foreign ministry, prime minister. I know they're useless, but they're good at shaming others, especially goras. if we can't get justice, at least we can get some satisfaction by shaming these a**holes.
google it...
i know desi crunch.
in my humble opinion, we will never find justice and fairness here. UK has already moved in that direction as well. at the rate it is going, every year the GC queue gets longer by _seven_ years.
what is the point of giving me a GC when i'm 70 years old? I've been enslaved all my productive life. What'll i do with a GC in a senior citizen's home?
sadly, the main instrument in our exploitation have been other desis. people at work use my work to become CTOs. i get 500 buck a _year_ increase. when i complain they say "indians can't talk" so they can't rise. what crap. I've lived all over the world and no one ever said i could not talk. they just want to come up with ways to take credit of your work.
tell me, would they ever let a new mexican (even if he is a genius), work in anything except washing dishes or a pizza shop?
Since we cannot vote, and don't have enough money to lobby (bribe) the politicians, we're orphans here. here money talks, BS walks.
a gori told me once - 10 years ago indians used todrive mercedes, now most of them seem poor, now russians drive mercedes. i told her, indians are poor because by law most of them are forbidden from doing anything else except what the govt authorises them to do. russians come direct on GC. land of opportunity, right.
Guys, write to the Indian parliament, Indian foreign ministry, prime minister. I know they're useless, but they're good at shaming others, especially goras. if we can't get justice, at least we can get some satisfaction by shaming these a**holes.
kshitijnt
05-14 07:06 PM
What do you mean by upgrade to premium? I dont think you can change the option by simply upgrading. You need to file I-864 to change to consular processing.
There are a few options:
1. If you have chosen consular processing, ( I am guessing you have not), you can file I-485 and amended I-140 at any time PD becomes current.
2. If you chose AOS on I-140 and the I-140 is approved, some consulates accept attorney certified I-140 provided you pay the fees usually payable to NVC. Expect 3 months of delay in getting an appointment though.
Pros & Cons:
Consular:
You get your GC as against EADs endless loop.
You have to be with the same employer for atleast 180 days since the time you get your GC and you enter US using your GC.
AOS:
You and your spouse both get EAD. NO need to travel to foreign country.
You need to wait 180 days from filing 485 to change jobs (assuming 140 is approved, if not the case is more complicated).
More time consuming and longer duration.
The lawyers here will vouch for I-485 as it means more revenue for them. If you have a stable job where you are doing good and you are counting to get a promotion, etc go for consular processing instead of getting stuck with 485 process.
Can someone please advice pros and cons, keeping in mind the forward movement of priority dates could be just for the month of June!
My 140 is still pending in NSC I have the option to quicky upgrade that to premium and then go for CP, what would be the course of action?
Also what are the wait times for CP in Mumbai India?
Thanks!
May we all get outa this mess :cool: and move on with life!
There are a few options:
1. If you have chosen consular processing, ( I am guessing you have not), you can file I-485 and amended I-140 at any time PD becomes current.
2. If you chose AOS on I-140 and the I-140 is approved, some consulates accept attorney certified I-140 provided you pay the fees usually payable to NVC. Expect 3 months of delay in getting an appointment though.
Pros & Cons:
Consular:
You get your GC as against EADs endless loop.
You have to be with the same employer for atleast 180 days since the time you get your GC and you enter US using your GC.
AOS:
You and your spouse both get EAD. NO need to travel to foreign country.
You need to wait 180 days from filing 485 to change jobs (assuming 140 is approved, if not the case is more complicated).
More time consuming and longer duration.
The lawyers here will vouch for I-485 as it means more revenue for them. If you have a stable job where you are doing good and you are counting to get a promotion, etc go for consular processing instead of getting stuck with 485 process.
Can someone please advice pros and cons, keeping in mind the forward movement of priority dates could be just for the month of June!
My 140 is still pending in NSC I have the option to quicky upgrade that to premium and then go for CP, what would be the course of action?
Also what are the wait times for CP in Mumbai India?
Thanks!
May we all get outa this mess :cool: and move on with life!
more...
drsnh123
06-18 06:39 PM
hello friends,
i am new to tis forum. i am a physician MD and is suppose to start job in october 2007. i would like to know whether my employer can file PERM as prospective employee now in june for job to be started in oct 2007.
i am from india and want to make the best use of our PDS being current. thanks in advance for answering
i am new to tis forum. i am a physician MD and is suppose to start job in october 2007. i would like to know whether my employer can file PERM as prospective employee now in june for job to be started in oct 2007.
i am from india and want to make the best use of our PDS being current. thanks in advance for answering
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pbojja
05-22 04:45 PM
yes, this whole debate is useless anyway, since there's no meaning to those dates, maybe just for extreme cases, that are delayed even beyond the usual unreasonable delay.
If you manage to get your employer to get a SR open for you on the I140, chances are, you'll get your I140 approved before you'll get any response to the SR, since USCIS takes that ridiculous 45 business days to respond.
SR are next to useless , If you ever expereince SR , you will never think about it again
If you manage to get your employer to get a SR open for you on the I140, chances are, you'll get your I140 approved before you'll get any response to the SR, since USCIS takes that ridiculous 45 business days to respond.
SR are next to useless , If you ever expereince SR , you will never think about it again
more...
gc101
07-19 02:34 PM
My company lawyer addressed this part. The way it works is that they will work on your file only when your PD is current. So even if you apply now, they most likely wont work on it after July as your PD wont be current. Then when next time (say in Jan 2008) when your PD becomes current, they will pick up all the files for that month and start working on it. It might be that they will work on your file on Jan1st or Jan 31st. You can send your wife AOS the moment your PD becomes current. So you want to make sure that it reaches there before they approve your AOS. In case you are extremely unlucky, then they would start working on your file on 1st day of the month and finish it before end of that day, making it impossible for your wife's application to go through. Thats rare though. So if you can make sure that her app reaches on 1st day of the month in which PD is current, then they should most likely add her to your AOS and work on those together and make your life go forward....its a chance which you will be taking...But again life is a chance
If you are single and are in a position not to get married b4 August 17th please think b4 applying for 485. It is of no use to you unless you want to switch jobs on EAD which is a HUGE RISK!!My guess is you are going to get married at some point of time(Barring guys who are already in their midlife crisis b4 marriage) and would apply for your wife's Adjustment of Status. Please apply 485 togather when the PD bcomes current again. Bear in mind that even if you apply now b4 marriage you have to maintain your H1-B status. It will only make it worse when one had already applied for I-485 coz you could only get 1 year extensions as opposed to 3 years when you have an approved I-140 and have not filed for 485. Don't get overzealous and apply now and regret later!!
gunsnkars/raj2078 or anybody,
Can you please read Raj3078's response earlier in the thread and then your suggestion? As I understood them they are mutually exclusive things. One is apply for 485 and one is wait. I want to know one thing among other things.
Is the ONLY benefit for applying 485 , for me, is to get EAD? I mean, if I don't apply for AOS now, I am assured that me and my spouse can file together when PD becomes current and they will approve ONLY if my PD is current. Isn't that right? That could be five years away, but, my spouse will be able to piggyback on my GC processing.
Please remember that my fiancee is already on H1-B currently in India. I am from India too.
Thank you,
gc101
If you are single and are in a position not to get married b4 August 17th please think b4 applying for 485. It is of no use to you unless you want to switch jobs on EAD which is a HUGE RISK!!My guess is you are going to get married at some point of time(Barring guys who are already in their midlife crisis b4 marriage) and would apply for your wife's Adjustment of Status. Please apply 485 togather when the PD bcomes current again. Bear in mind that even if you apply now b4 marriage you have to maintain your H1-B status. It will only make it worse when one had already applied for I-485 coz you could only get 1 year extensions as opposed to 3 years when you have an approved I-140 and have not filed for 485. Don't get overzealous and apply now and regret later!!
gunsnkars/raj2078 or anybody,
Can you please read Raj3078's response earlier in the thread and then your suggestion? As I understood them they are mutually exclusive things. One is apply for 485 and one is wait. I want to know one thing among other things.
Is the ONLY benefit for applying 485 , for me, is to get EAD? I mean, if I don't apply for AOS now, I am assured that me and my spouse can file together when PD becomes current and they will approve ONLY if my PD is current. Isn't that right? That could be five years away, but, my spouse will be able to piggyback on my GC processing.
Please remember that my fiancee is already on H1-B currently in India. I am from India too.
Thank you,
gc101
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eastindia
05-25 11:38 AM
I sent an email in my company to all people on H1B. Could everyone else do that.
more...
paskal
04-09 04:41 PM
you are welcome to vent your frustration too...
I am from India and I agree this whole thing is overdone
But let people release their steam, you release yours. India is just a euphimism here for your native country
you can alos of course ignore the thread like i did for the longest time.
mainly, let's just try to be nice to each other, and try not to vent on others.
I am from India and I agree this whole thing is overdone
But let people release their steam, you release yours. India is just a euphimism here for your native country
you can alos of course ignore the thread like i did for the longest time.
mainly, let's just try to be nice to each other, and try not to vent on others.
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BECsufferer
03-17 12:44 PM
I have questions for you before I tell you the correct answer.
- Please update your profile so that you are taken seriously.
- What did you shoplift and why?
Now my incorrect answer for the time being: Go to India and do shoplifting. You will get instant punishment. No court hassles etc. Get beaten up , cough up money to the cops and then come back. Your experience in India and USA will help you learn more. I feel the punishments in US are not harsh enough. If you have a bad habit of shoplifting and you used to do it in India then ignore the answer above and check into a rehab and request them to have you share a room with Winona Ryder.You both have something in common and you will be able to relate to each other very well.
My friend you have hit upon a very good idea. For compulsive shoplifters a similar incidence would be more than enough to rehab them for rest of the life. May I add to your recommended treatment, that the shopkeeper is still going to charge you although you may no more be in state to handle the purchase.
- Please update your profile so that you are taken seriously.
- What did you shoplift and why?
Now my incorrect answer for the time being: Go to India and do shoplifting. You will get instant punishment. No court hassles etc. Get beaten up , cough up money to the cops and then come back. Your experience in India and USA will help you learn more. I feel the punishments in US are not harsh enough. If you have a bad habit of shoplifting and you used to do it in India then ignore the answer above and check into a rehab and request them to have you share a room with Winona Ryder.You both have something in common and you will be able to relate to each other very well.
My friend you have hit upon a very good idea. For compulsive shoplifters a similar incidence would be more than enough to rehab them for rest of the life. May I add to your recommended treatment, that the shopkeeper is still going to charge you although you may no more be in state to handle the purchase.
more...
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memyselfandus
08-05 10:18 AM
Justaju jiski thi, usko to na paya humne..
Is bahane magar dekh li duniya humne.
(Song from Umrao Jaan)
After wandering through 12 US states in past 12 years, thats what accurately sums up my quest for GC. :)
Roughly it translates to;
Justaju jiski thi, usko to na paya humne..
The person/object whom I was desiring to get it, not achieved it,
Is bahane magar dekh li duniya humne.
Due to this desire, atleast I have seen the world in its true colors
Is bahane magar dekh li duniya humne.
(Song from Umrao Jaan)
After wandering through 12 US states in past 12 years, thats what accurately sums up my quest for GC. :)
Roughly it translates to;
Justaju jiski thi, usko to na paya humne..
The person/object whom I was desiring to get it, not achieved it,
Is bahane magar dekh li duniya humne.
Due to this desire, atleast I have seen the world in its true colors
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alex77
09-22 02:31 PM
Sometimes sensationalism helps a cause! People's memory are short..there are lot of rallies in DC..senators might forget about the rally but they'll remember the things like flowers and stoppers!! I agree with Jaime.
It may be a little too subtle.
Most people will wonder why high skilled immigrants are sending plumbing equipment around the place.:confused:
It may be a little too subtle.
Most people will wonder why high skilled immigrants are sending plumbing equipment around the place.:confused:
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VivekAhuja
08-18 05:39 PM
What is the BIG DEAL? So what if we are called Anchor Immigrants? This is typical Indian mentality to looks for small issues. I care a damn if we are called DOG IMMIGRANTS. It does not change anything.
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cpolisetti
04-26 05:24 PM
I did notice several blogs on net, but my intentions were more about if any journalist can write article similar to WP on the main page it does get bigger coverage. We could request them to include the IV web addy which will help more people to sign and possibly contribute.
but saw 10 postings about IV in Indian (desi) sites., like www.kcdesi.com, one from Detroit, one on Sulekha and a few other Chinese sites. I guess these are blog posts. If it is useful, I will post each or all of these. Even, some Canadian sites have picked up issues listed in IV home page ( and probalbly spinning them to their advantage)
but saw 10 postings about IV in Indian (desi) sites., like www.kcdesi.com, one from Detroit, one on Sulekha and a few other Chinese sites. I guess these are blog posts. If it is useful, I will post each or all of these. Even, some Canadian sites have picked up issues listed in IV home page ( and probalbly spinning them to their advantage)
more...
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chi_shark
09-26 04:50 PM
Hey! sorry, i did not mean to judge your situation... all i was thinking is that... hmm.. he works for this company... no he does not.. he works for himself... no but he has an arrangement with that company... so i did not really understand and for a minute i thought it was not a sound thing to do (at least for me)... even i had many questions of very legalese nature... i did ask a lawyer to see me for an hour or two... he went over all my papers and advised me about it... took $200 for that piece... $200 well spent i think.
its ok to start a company... i just got confused with the company bit... sorry again.
Why do you think that my situation looks like and illegal one....I would really like to get an analysis from you/anyone on why this situation is illegal.
is it not ok to start a company on EAD?
is it not ok to start a company on your spouse name and work throug it?
Your explanations will be greatly appreciated.
its ok to start a company... i just got confused with the company bit... sorry again.
Why do you think that my situation looks like and illegal one....I would really like to get an analysis from you/anyone on why this situation is illegal.
is it not ok to start a company on EAD?
is it not ok to start a company on your spouse name and work throug it?
Your explanations will be greatly appreciated.
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lost_in_migration
09-22 12:00 AM
Thats a pretty innovative idea... get it patented asap :)
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eb3_nepa
05-11 12:12 PM
But it would be disastrous in terms of PR if even this fails. But like you, I would not hold my breath for this but am cautiously optimistic at the same time.
Also, please realize that any changes to the bill will meet absolute resistance from both sides. We will have to wait and see how many amendments are they planning on allowing.....
Ragz to be perfectly honest i know this bill is VERRRRY important to us, but this bill carries Far more problems than relief. Right now there are So many "Ifs" and "Ands" that somehow i dont see it passing or atleast not anytime soon, forget abt passing by memorial day.
If it actually DOES pass by memorial day, that day actually WILL be Memorial for us legal immigrants :) But one another note. Thanks for posting the link. I know a lot of us are writing the same thing, but that should not deter people from posting info like this on the forum.
Also, please realize that any changes to the bill will meet absolute resistance from both sides. We will have to wait and see how many amendments are they planning on allowing.....
Ragz to be perfectly honest i know this bill is VERRRRY important to us, but this bill carries Far more problems than relief. Right now there are So many "Ifs" and "Ands" that somehow i dont see it passing or atleast not anytime soon, forget abt passing by memorial day.
If it actually DOES pass by memorial day, that day actually WILL be Memorial for us legal immigrants :) But one another note. Thanks for posting the link. I know a lot of us are writing the same thing, but that should not deter people from posting info like this on the forum.
codehari
09-11 06:04 PM
We bought house feb 07, still waiting for Perm LC approval. (Audit) :rolleyes:
tnite
06-18 12:04 PM
What is your point, Tnite? EAD and AP can filed/issued even if the PD is retrogressed. MY PD was retrogressed after I filed I-485 and EAD and AP were issued?
----------------------------------
Permanent Resident since May 2002
my point is if dates retrogress and if processing EAD's and AP's takes a long time getting a EAD might be easy in the first 60-90 days but renewals will become more difficult.
its ok for folks that are within their 6 yrs of H1b but for others it will be a big head ache. As someone already mentioned earlier, you might have to apply for your renewal EAD the day after you get your 1st EAD and so on.
----------------------------------
Permanent Resident since May 2002
my point is if dates retrogress and if processing EAD's and AP's takes a long time getting a EAD might be easy in the first 60-90 days but renewals will become more difficult.
its ok for folks that are within their 6 yrs of H1b but for others it will be a big head ache. As someone already mentioned earlier, you might have to apply for your renewal EAD the day after you get your 1st EAD and so on.
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