indianabacklog
01-03 02:38 PM
Folks,
Can someone clarify the situation of 485 being approved while one is outside of USA. In such a case, if one does not have AP to return to US, then is it considered that the 485 petition is abandoned and one cannot use the approved 485?
I vaguely remember seeing that even if one has valid H1B (or get renewal stamping outside USA), travelling like above situation is risky without AP.
Thoughts?
If you have a valid visa status and by some miracle your green card is approved while you are on vacation this should not be a problem.
If you have travel plans and your priority date is not current this is a pretty good indicator of the chances of this happening.
Can someone clarify the situation of 485 being approved while one is outside of USA. In such a case, if one does not have AP to return to US, then is it considered that the 485 petition is abandoned and one cannot use the approved 485?
I vaguely remember seeing that even if one has valid H1B (or get renewal stamping outside USA), travelling like above situation is risky without AP.
Thoughts?
If you have a valid visa status and by some miracle your green card is approved while you are on vacation this should not be a problem.
If you have travel plans and your priority date is not current this is a pretty good indicator of the chances of this happening.
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kumar1305
01-20 01:31 PM
All those guys are gone. Were we late coming to the USA?
amsgc
02-07 09:14 PM
AFAIK, This only applies in cases where the visa that is being sought is not a dual intent visa.
US consulates in India don't follow a logic. They dont like someone applying for a non immigrant visa once 485 is filed and pending.
US consulates in India don't follow a logic. They dont like someone applying for a non immigrant visa once 485 is filed and pending.
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eagerr2i
09-08 01:38 PM
http://prweb.com/releases/2006/9/prweb435159.htm
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conchshell
08-07 12:03 PM
initially I was mad, becasue I remembered the revised July 2007 visa bulletin that came out declaring a reversal. Since NSC is going slow, I thought that DOS has once again pulled back on the dates. Later on I realized that its a mistake by the thread owner and got pissed off, and finally all I can do is laugh on the entire brohaha. Can't decide if we should give red dots OR green dots to the thread owner
seahawks
09-18 12:11 AM
yeeeeeeeeeeeeeeeeeeeeeeaaaaaaaaaaaH...Welcome to D.C. Thanks for posting all the encouraging words to get everyone to come!
more...
lord_labaku
06-13 11:46 AM
Isnt your case within USCIS processing range within the 30 day range? Did you file at NSC or TSC.
My case is similar..but I filed in late July 07....I feel the pain.....but having waited sooooooo long...whats a few more months.
Right now, in the employment category EB2 India with PD < Apr 04 are the only ones they can process...hopefully USCIS officers can scratch their asses half the time and still approve atleast a few cases.
Lets just wait. (nothing new there right !!!!)
My case is similar..but I filed in late July 07....I feel the pain.....but having waited sooooooo long...whats a few more months.
Right now, in the employment category EB2 India with PD < Apr 04 are the only ones they can process...hopefully USCIS officers can scratch their asses half the time and still approve atleast a few cases.
Lets just wait. (nothing new there right !!!!)
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eb3_nepa
07-18 11:13 AM
Ok then i volunteer to bump this thread :) Only problem is that still will not push thid topic way up.
There was a suggestion to send flowers to the core team, let us instead send donations. I am SURE that the core team needs contributions more than flowers.
Howzzat about the $5 contribution suggestion, with each contribution we lose some percentage as taxes and feees. I am not saying we contribute $10 EVERY month, but can the members not make a ONE TIME contribution of TEN DOLLARS?
There was a suggestion to send flowers to the core team, let us instead send donations. I am SURE that the core team needs contributions more than flowers.
Howzzat about the $5 contribution suggestion, with each contribution we lose some percentage as taxes and feees. I am not saying we contribute $10 EVERY month, but can the members not make a ONE TIME contribution of TEN DOLLARS?
more...
redds777
08-25 10:28 AM
Anyone?
when he contacted senator and inturn they contacted USCIS, Senator got same reply as urs . his is also 2005 EB2 I PD. He is just waiting too.
i wonder what that extensed security review means. looks like never ending. hope no one gets stuck in it.
when he contacted senator and inturn they contacted USCIS, Senator got same reply as urs . his is also 2005 EB2 I PD. He is just waiting too.
i wonder what that extensed security review means. looks like never ending. hope no one gets stuck in it.
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ab_tak_chappan
08-13 12:46 AM
That's the spirit guys/gals :), Enjoy to the hilt. News will follow :D
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I think we all gather here for dancing munna bhai style.. and we'll find our individual reason soon :-)
loved the song.. heard so many times.. without knowing the detailed meaning :-)
I think we all gather here for dancing munna bhai style.. and we'll find our individual reason soon :-)
more...
chanduv23
07-10 08:52 AM
Hello,
One of the clients is not considering EAD as a valid document to enter their facilities. Funny thing is their security team are ok if you have valid visa and I94 but not EAD.
I think this is more of ignorance about EAD.
Can some provide doucumentation which says discrimination of EAD is violation of Law? or some thing that says EAD is a valid document to work adn stay in the country.
I 9 form does have i 766 as valid entry.
One of the clients is not considering EAD as a valid document to enter their facilities. Funny thing is their security team are ok if you have valid visa and I94 but not EAD.
I think this is more of ignorance about EAD.
Can some provide doucumentation which says discrimination of EAD is violation of Law? or some thing that says EAD is a valid document to work adn stay in the country.
I 9 form does have i 766 as valid entry.
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Sreeshankar
08-01 10:06 PM
I guess, what Mr/Ms Desertfox has mentioned makes clear sense. It is better to have the I-94 with the valid parole stamp, when applying for FAFSA. One can go outside/re-enter and obtain the parolee or Paroled in to US stamp. Please consult with your attorney also, since the full details of your case is known to the attorney. Thanks.
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paddy.
02-04 05:38 PM
I don't think your design skills are quite good enough yet to be starting a studio. No offense but I think you'd be better off with a bit more practice before you step out in to the world of the design industry.
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niceguy
12-18 06:39 PM
So USCIS is still reviewing I-140 even at I-485 stage. That is scary if your I-485 is at different service center than your I-140 approval.
This is really a very scary ride. Hope we can all survive.
But one thing every one should remeber is not to relinquish their H1B status until you get your GC in hand. This is the easiest way to stay in status.
All the best..
This is really a very scary ride. Hope we can all survive.
But one thing every one should remeber is not to relinquish their H1B status until you get your GC in hand. This is the easiest way to stay in status.
All the best..
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pom
10-05 02:03 PM
Right on, grey, black and orange/red is just the perfect color scheme... And thanks for allowing me to steal anything I want from you. I wished people did that for me more often...
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akhilmahajan
06-27 12:08 PM
Can you please share your recept date?
Thanks a lot.
Thanks a lot.
more...
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chanduv23
09-14 10:22 AM
Cause i cannot make it to the rally.
And why not?
And why not?
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logiclife
07-23 11:11 AM
I am moving/transfer to another state within the same company in same position within US. My 140 is approved and 485 filed on July 2nd, 2007 My question:
Would my transfer affect my 485 processing. If yes, is there a solution?
GUYS: Do not advise if you dont know AC21 portability for sure.
To CanadianIndian:
No. Nothing will be impacted. You can move to a new location.
During the first 180 days:
You can move to any location or to a new employer. The only thing is that during first 180 days, your current GC sponsor employer can revoke your 140 and make your GC petition junk. However, since you are not doing it and only changing location you should be fine. You need to stick to the same job description.
After 180 days of filing:
You can move to any location or to a new employer. However after 180 days of 485 filing, you dont need your employer's co-operation because the employer cannot revoke your 140. Also, he cannot do anything about your pending greencard. You still do need to stay within the same job description at new location and new employer.
If you 485 is approved in less than 180 days:
This is very unlikely to happen to candidates from India and China. Mostly this happens to ROW applicants. However, if your 485 is approved in less than 180 days from filing, then you do not have the option of invoking your AC21 portability options. Therefore, you MUST go back to the location for which your GC was filed and work there atleast for 6-8 weeks. (The location mentioned in your labor cert.). In some cases, in consulting, the labor cert mentions a vague location such as "Unanticipated locations across US" -- in that case, you may not have to go back anywhere but please check with your lawyer if that is the case on your labor cert.
Would my transfer affect my 485 processing. If yes, is there a solution?
GUYS: Do not advise if you dont know AC21 portability for sure.
To CanadianIndian:
No. Nothing will be impacted. You can move to a new location.
During the first 180 days:
You can move to any location or to a new employer. The only thing is that during first 180 days, your current GC sponsor employer can revoke your 140 and make your GC petition junk. However, since you are not doing it and only changing location you should be fine. You need to stick to the same job description.
After 180 days of filing:
You can move to any location or to a new employer. However after 180 days of 485 filing, you dont need your employer's co-operation because the employer cannot revoke your 140. Also, he cannot do anything about your pending greencard. You still do need to stay within the same job description at new location and new employer.
If you 485 is approved in less than 180 days:
This is very unlikely to happen to candidates from India and China. Mostly this happens to ROW applicants. However, if your 485 is approved in less than 180 days from filing, then you do not have the option of invoking your AC21 portability options. Therefore, you MUST go back to the location for which your GC was filed and work there atleast for 6-8 weeks. (The location mentioned in your labor cert.). In some cases, in consulting, the labor cert mentions a vague location such as "Unanticipated locations across US" -- in that case, you may not have to go back anywhere but please check with your lawyer if that is the case on your labor cert.
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njboy
03-07 06:36 AM
it would be difficult to show how a french degree is useful in your current job. Many companies get h1-b approved by showing a "business necessity"..ie, they need travel agents who speak a certain Indian language etc. Doing an MBA definitely will help, but not with the current job description. They are going to ask why the job requires an MBA?Ofcourse if you got a job teaching French, h1-b visa will be granted.
chanduv23
07-05 09:44 PM
MSFT is the start. This will go on and you can start seeing other companies moving out - jobs also moving out to other countries.
martinvisalaw
01-12 02:19 PM
My husband and I are British, not sure if that slows things up or down :)
Being British makes it as fast as anyone. India, China, Mexico and the Phillipines are sometimes slower.
Being British makes it as fast as anyone. India, China, Mexico and the Phillipines are sometimes slower.
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