skpanda
05-17 07:03 PM
This is a tricky situation. I would suggest you consult your attorney.
Since one of your parent's is Indian citizen having a Birth place Nepal and Obtaining an Indian Passport is a valid situation. There are many people who are born outside India for various reasons. Their Indian citizen parent(s) can get Indian citizenship for them.
In my opinion, you should change the place of birth in your passport as Nepal (provided you have proof). This way, it not confuse USCIS. Remember no matter which Citizenship you have, your place of birth is what determines the Chargebility.
Once you are able to change the place of birth on your passport and show Birth Certificate from Nepal you are good to go!!
Please update here about any new developments in your case!!
All the very best!
Thanks Nathan for quick response.
But what do i need to do? Do i have to change my place of birth in my indian passport? Can i have "Nepal" as place of birth in my indian passport? Do i still remain indian citizen or would it be considered a fraud? I think, my parents put india as birth place, so i dont face any difficulty in india. what does Indian constitution say about citizenzip?
Are there more people like me here? who were born outside of india, but are Indian citizens?
Thank you for help
Since one of your parent's is Indian citizen having a Birth place Nepal and Obtaining an Indian Passport is a valid situation. There are many people who are born outside India for various reasons. Their Indian citizen parent(s) can get Indian citizenship for them.
In my opinion, you should change the place of birth in your passport as Nepal (provided you have proof). This way, it not confuse USCIS. Remember no matter which Citizenship you have, your place of birth is what determines the Chargebility.
Once you are able to change the place of birth on your passport and show Birth Certificate from Nepal you are good to go!!
Please update here about any new developments in your case!!
All the very best!
Thanks Nathan for quick response.
But what do i need to do? Do i have to change my place of birth in my indian passport? Can i have "Nepal" as place of birth in my indian passport? Do i still remain indian citizen or would it be considered a fraud? I think, my parents put india as birth place, so i dont face any difficulty in india. what does Indian constitution say about citizenzip?
Are there more people like me here? who were born outside of india, but are Indian citizens?
Thank you for help
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shirish
07-31 04:00 PM
Hi
In my case, I used AP to enter US last year on oct 22 08. I-94 has a date of oct 21 09 so does the parole stamp. My AP has expired in Jan 09. I am NOT planing to go out.
My question is what do I have to do after I-94 date of oct 21 09 is past. Will it make me out of status?
Thank you in advance.
In my case, I used AP to enter US last year on oct 22 08. I-94 has a date of oct 21 09 so does the parole stamp. My AP has expired in Jan 09. I am NOT planing to go out.
My question is what do I have to do after I-94 date of oct 21 09 is past. Will it make me out of status?
Thank you in advance.
IneedAllGreen
09-21 02:31 PM
Your story looks similar to mine. Before I go for my side of story let me tell you that going for premium is always good idea. I got my new I-140 (EB3) got approved within 2 weeks after we applied for my third green card process. Now with your labor and approve I-140 and remaining H1B visa you can go to new employer. I think you have plenty of time to go to new employer and transfer remaining time in your H1B. In between you can ask current employer not to revoke I-140 once it processed. This way you can later transfer dates from current GC process to new one. I think you are quite secure at this point of time to move to new employer. Just take in confidence with current employer for not to invoke I-140 until you transfer your date.
On my side of the story I did same thing (as explained above) in 2006 because of lay off . I had almost 1 year of time remaining on my H1B and had already crossed 6 years limit on H1B.). I did transferred my remaining H1B time to new employer (where I am right now) and started my GC process (2nd green card. I did not complete labor process or I-140 at my earlier employer so could not get transferred date). I got my labor approved for 2nd GC within few days of filling in late 2006 so my attorney filed for my H1B extension in 2007 for one more year based on my new labor. I don't know you call it luck that I got my extension of H1B for 1 more year based on new labor. As of now we have filed for 3rd GC for me because my I-140 got denied based on my education (A year ago we have appealed for the same)
In short what you can do is to go for premium proc for I-140 and transfer remaining H1 to new employer and try filling extension of H1 at new employer after it expires. Its little risky but like you said you might get laid off sooner or later. As always above information is from my experience but attorney can give you right advice. I did pay $200 to Murthy for advice on what to do while I was in your kind of situation in 2006.
Good luck.
My six year term of H-1B ends on 15th Nov 2011. My present employer is filling my I-140 ( as I am paying all the expenses) and the lawyer tells me that she will be able to file in 30 days in EB-2 ctaegory. However , now my job does not look very secure and I am afraid I might be laid off while my I-140 is pending. Thats why I am considering filing under premium processing by paying money out of my pocket.
My reasoning behind this is:
1) If laid off, with an approved I-140, I can apply for 3 year extension on a new H-1B with another employer and then work towards capturing my PD when time permits.
I realize I might have to go to H-4 to avoid getting out of satus while I am looking for new employer. Can anyone please guide if I have my bases covered or if there is a flaw in my reasoning. Should I go for premium processing or not.
Thanks
On my side of the story I did same thing (as explained above) in 2006 because of lay off . I had almost 1 year of time remaining on my H1B and had already crossed 6 years limit on H1B.). I did transferred my remaining H1B time to new employer (where I am right now) and started my GC process (2nd green card. I did not complete labor process or I-140 at my earlier employer so could not get transferred date). I got my labor approved for 2nd GC within few days of filling in late 2006 so my attorney filed for my H1B extension in 2007 for one more year based on my new labor. I don't know you call it luck that I got my extension of H1B for 1 more year based on new labor. As of now we have filed for 3rd GC for me because my I-140 got denied based on my education (A year ago we have appealed for the same)
In short what you can do is to go for premium proc for I-140 and transfer remaining H1 to new employer and try filling extension of H1 at new employer after it expires. Its little risky but like you said you might get laid off sooner or later. As always above information is from my experience but attorney can give you right advice. I did pay $200 to Murthy for advice on what to do while I was in your kind of situation in 2006.
Good luck.
My six year term of H-1B ends on 15th Nov 2011. My present employer is filling my I-140 ( as I am paying all the expenses) and the lawyer tells me that she will be able to file in 30 days in EB-2 ctaegory. However , now my job does not look very secure and I am afraid I might be laid off while my I-140 is pending. Thats why I am considering filing under premium processing by paying money out of my pocket.
My reasoning behind this is:
1) If laid off, with an approved I-140, I can apply for 3 year extension on a new H-1B with another employer and then work towards capturing my PD when time permits.
I realize I might have to go to H-4 to avoid getting out of satus while I am looking for new employer. Can anyone please guide if I have my bases covered or if there is a flaw in my reasoning. Should I go for premium processing or not.
Thanks
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LostInGCProcess
02-05 06:11 PM
i filed my labor 7 years ago as a programmer, today i am a project manager. I have changed job using ac21 twice, did not inform uscis even once (as its not reqd by law). I am in eb3 india and I have no hopes that uscis will ever get to my application, and even if they did after 5 years from now, I dont care if they issue an RFE and deny my 485 all together. Point I am trying to say is , you cannot spoil your career waiting for this. I changed my job exactly on 6 months and one day after i filed 485. past 2 years i am a PM. I am pretty confident that I would have had atleast 5 years PM experience by the time they reach my application or even more time. After all I want to go back to my home country pretty soon and so did not want to care about all this job title, description etc crap..this is just me..use your own instincts.
Wow!!!! well said and very encouraging. That's the spirit with which everyone of us should move forward, i guess. :)
Life is too short to worry too much on things (like GC, AC21)...Make the best use of each and every day!!!
Wow!!!! well said and very encouraging. That's the spirit with which everyone of us should move forward, i guess. :)
Life is too short to worry too much on things (like GC, AC21)...Make the best use of each and every day!!!
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sunnymit
05-10 01:55 PM
where is the delay? It usually comes out around 12th (give or take a day or two) of every month..
maximus777
11-17 05:48 PM
Certainly a vast majority of them are in the US with the intent to immigrate in the long term. If they spend the same amount of money for comparable education in Canada, Europe or Australia, they will never face the lousy and frustrating US immigration situation! Apparently the "umrikan dream" is still going strong in India :cool:
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punjabi
07-27 02:10 PM
Thanks for sharing!
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kokil
05-17 09:26 AM
I have my H1 B extension approved for 1 year after 6 years time frame, based on approved I140. Now there is another start up company is giving me full time job. So they will ask for at least 3 years of extension. What are the chances that I will get 3 years extension based on existing I140?
-Jignesh
-Jignesh
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eb3_nepa
02-03 12:36 PM
Hi guys,
Got an email from Sen Specter's office today out of the blue. I must have emailed him during S1932.
Subject: Re: Help to resolve retrogression affected employment based immigrant visa categ
Date: Fri, 3 Feb 2006 13:31:03 -0500
Dear Mr. XXXX :
Thank you for contacting my office regarding immigration reform. I appreciate your concern regarding this important matter.
Reforming our current immigration laws has become increasingly necessary in light of the growing number of illegal immigrants entering the country. On a daily basis, there are a number of press reports highlighting the problem that our borders are largely unprotected. However, we also have a great need for labor in this country, both skilled and unskilled, which adds to the complexity of the situation. We also see a certain apathy and resentment toward immigrants; notwithstanding the fact that this country was built by immigrants and that we need immigrants in order to sustain our economic vitality. At present, there are several bills pending before the Senate Judiciary Committee aimed at correcting various aspects of the problem. As Chairman, I circulated a Chairman's Mark to address the complex issues that we will face as we being to reform immigration laws. My proposal is a discussion draft intend! ed to move the debate forward with the anticipation that the Senate will address the issue early this year.
I sincerely appreciate your taking the time to bring your views on this important matter to my attention. As your United States Senator, it is essential that I be kept fully informed on the issues of concern to my constituents. Be assured that I will keep your thoughts in mind on this issue and related issues during the 109 th Congress. Should you have any further questions, please do not hesitate to contact my office or visit my website at www.specter.senate.gov .
Sincerely,
Arlen Specter
Got an email from Sen Specter's office today out of the blue. I must have emailed him during S1932.
Subject: Re: Help to resolve retrogression affected employment based immigrant visa categ
Date: Fri, 3 Feb 2006 13:31:03 -0500
Dear Mr. XXXX :
Thank you for contacting my office regarding immigration reform. I appreciate your concern regarding this important matter.
Reforming our current immigration laws has become increasingly necessary in light of the growing number of illegal immigrants entering the country. On a daily basis, there are a number of press reports highlighting the problem that our borders are largely unprotected. However, we also have a great need for labor in this country, both skilled and unskilled, which adds to the complexity of the situation. We also see a certain apathy and resentment toward immigrants; notwithstanding the fact that this country was built by immigrants and that we need immigrants in order to sustain our economic vitality. At present, there are several bills pending before the Senate Judiciary Committee aimed at correcting various aspects of the problem. As Chairman, I circulated a Chairman's Mark to address the complex issues that we will face as we being to reform immigration laws. My proposal is a discussion draft intend! ed to move the debate forward with the anticipation that the Senate will address the issue early this year.
I sincerely appreciate your taking the time to bring your views on this important matter to my attention. As your United States Senator, it is essential that I be kept fully informed on the issues of concern to my constituents. Be assured that I will keep your thoughts in mind on this issue and related issues during the 109 th Congress. Should you have any further questions, please do not hesitate to contact my office or visit my website at www.specter.senate.gov .
Sincerely,
Arlen Specter
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LostInGCProcess
11-05 04:39 PM
In my understanding if she uses AP in the reentry, her status would change to AOS (Adj of Status) and can stay until the 485 is adjudicated. But if 485 is rejected she would be out of status immediately. We have been told (by my filing attorney) that if she gets a H1 visa this she wouldn't be out of status in case of 485 rejection - she can continue to stay & work on H1.
Is the above correct ? And if 485 gets rejected while on H1 would she be out of status immediately ?
The above statement is correct. If i485 is denied while you are on H1, you won't be out-of-status. You are still on H1 status. H1 status and AOS status are two different categories. And you cannot be on both the status simultaneously.
- I heard that the 485 rejection mentions an 'order' to leave the country within x number of days - I was wondering what the implications are if she is on H1 status (having reentered on valid H1 visa earlier) - Does her status still hold good and continue stay and work on H1 ?
As I told earlier, if you maintain H1 status, you continue to be on H1 status, regardless of the denial of I-485.
- Also at the time of applying for H1 visa what kind of information can be or cannot be shared at the Visa Interview ? just to make sure that the H1 visa doesn't get rejected due to her pending 485
H1b category is "Dual intent" meaning an H1B holder can have legal immigration intent (apply for and obtain the green card) while still a holder of the visa. Also, you must not withhold any information from the visa application, which could potentially lead to denial of the visa.
Is the above correct ? And if 485 gets rejected while on H1 would she be out of status immediately ?
The above statement is correct. If i485 is denied while you are on H1, you won't be out-of-status. You are still on H1 status. H1 status and AOS status are two different categories. And you cannot be on both the status simultaneously.
- I heard that the 485 rejection mentions an 'order' to leave the country within x number of days - I was wondering what the implications are if she is on H1 status (having reentered on valid H1 visa earlier) - Does her status still hold good and continue stay and work on H1 ?
As I told earlier, if you maintain H1 status, you continue to be on H1 status, regardless of the denial of I-485.
- Also at the time of applying for H1 visa what kind of information can be or cannot be shared at the Visa Interview ? just to make sure that the H1 visa doesn't get rejected due to her pending 485
H1b category is "Dual intent" meaning an H1B holder can have legal immigration intent (apply for and obtain the green card) while still a holder of the visa. Also, you must not withhold any information from the visa application, which could potentially lead to denial of the visa.
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desi3933
06-13 08:22 AM
PD is always LC filing date.
Incorrect. It is not always.
In most cases, LC filing date is the Priority Date.
A Priority Date is the date that a Labor Certification is filed with the State Workforce Commission or the date that an immigration petition (I-140/I-130) is filed, whichever comes first.
He will still be able to use the old employer filed LC date as PD even if the employer cancels LC/I140.
Incorrect.
There is risk involved if the old I-140 is revoked or canceled. Please check with your lawyer/attorney.
There might be a little risk if the old one he got was a substituted one.
.
Incorrect. It is not always.
In most cases, LC filing date is the Priority Date.
A Priority Date is the date that a Labor Certification is filed with the State Workforce Commission or the date that an immigration petition (I-140/I-130) is filed, whichever comes first.
He will still be able to use the old employer filed LC date as PD even if the employer cancels LC/I140.
Incorrect.
There is risk involved if the old I-140 is revoked or canceled. Please check with your lawyer/attorney.
There might be a little risk if the old one he got was a substituted one.
.
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chanduv23
11-07 02:21 PM
Well, as a matter of fact "employer is employer" - there is nothing called good or bad. Any employer can be bad during crunch times. Times have changed now and there is more scrutiny over consulting companies these days because they have lot of immigrants on payroll. Look for urself, your family, ur need etcc.. before changing jobs, be it consulting or fulltime. Sometimes FT jobs can be worse as you never know what kinda shit u may get into.
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ajay
01-26 11:41 AM
I am planning to move to different residence. My 485 application is currently pending.
Has anyone successfully filed change of address form? and have their EAD or other documents deliever to their new address correctly. Reason I am asking my friend changed his residence while his 485 pending and all his document would still come to my address (his old address). He made numerous request to USCIS and files for AR11 etc. His all documents EAD.. even Green card also came back to my address(His old adress). At least he was lucky that I was still staying over there.
Any thoughts much appreciated.
You can do it online by going to https://egov.uscis.gov/crisgwi/go?action=coa, from where you can select Change your address online at the bottom of the screen.
I did it and am getting all correspondences from the time I changed to my new address.
Has anyone successfully filed change of address form? and have their EAD or other documents deliever to their new address correctly. Reason I am asking my friend changed his residence while his 485 pending and all his document would still come to my address (his old address). He made numerous request to USCIS and files for AR11 etc. His all documents EAD.. even Green card also came back to my address(His old adress). At least he was lucky that I was still staying over there.
Any thoughts much appreciated.
You can do it online by going to https://egov.uscis.gov/crisgwi/go?action=coa, from where you can select Change your address online at the bottom of the screen.
I did it and am getting all correspondences from the time I changed to my new address.
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ChangingJobs
06-30 09:22 PM
Changingjobs:
You can begin working for company B on your H as soon as company B files an H petition for you, since the H1B is portable. You can also begin working on your EAD for company B, although that will result in you no longer being in H1B status.
Any employment with company B is a violation of your H1B with company A. If the petition from company B is denied, you will no longer be in H1B status.
You could then go back to work for company A on the EAD. If you wanted to work for company A on the H1B you would have to leave the US and reenter on an H1B visa.
I am assuming your EAD is from an I-140/I-485 filed by employer A. You will want to make sure that your I-140 is portable under AC21, otherwise company A could pull your I-140 causing your I-485 and EAD to be denied.
Thanks a lot for the clear answer. This is very useful.
You can begin working for company B on your H as soon as company B files an H petition for you, since the H1B is portable. You can also begin working on your EAD for company B, although that will result in you no longer being in H1B status.
Any employment with company B is a violation of your H1B with company A. If the petition from company B is denied, you will no longer be in H1B status.
You could then go back to work for company A on the EAD. If you wanted to work for company A on the H1B you would have to leave the US and reenter on an H1B visa.
I am assuming your EAD is from an I-140/I-485 filed by employer A. You will want to make sure that your I-140 is portable under AC21, otherwise company A could pull your I-140 causing your I-485 and EAD to be denied.
Thanks a lot for the clear answer. This is very useful.
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mtsaha
08-09 11:12 AM
Hi,
I am concurrently filing I-485 with I-140 (already e-filed).
The instructions say that I need to write "alien receipt number"
behind my 2 photos that need to be submitted with i-485.
What is this "alien receipt number"?
Thanks for any help!
mtsaha
I am concurrently filing I-485 with I-140 (already e-filed).
The instructions say that I need to write "alien receipt number"
behind my 2 photos that need to be submitted with i-485.
What is this "alien receipt number"?
Thanks for any help!
mtsaha
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Ramba
10-24 01:48 PM
Why do you want to spent $2000 for lawyer for AC21? If you have same or similar offer letter, why cant you type a simple covering letter for your AC21?Do it yourself. US certified post cost around $2.00. Hiring lawyer for AC21 is waste of money.
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prabasiodia
05-25 01:49 PM
Also ask/inquire about whistleblower protection while filing your complaint. There should be valid reasons for lay-off but filing complaint against the employer with DOL is definitely not one among them.
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intheyan
08-13 09:05 PM
I should those got the CARD PRODUCTION ORDER without name check are lucky and that are only few cases. Most of the cases are stuck with name check even though the PD is current and the RD rule applicable.
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Libra
09-09 07:59 AM
IV is working on to give a chance to IndiaBULL to apply for I-485 even his/her PD is not current.
can some one tell me what IV is currently working on?
can some one tell me what IV is currently working on?
Shenner
06-04 06:19 PM
We have been seeing a lot of these as of late. For example, I represent many companies who are actually agents; ie, a staffing agency who places speech therapists or nurses. The USCIS is now seeking to show that the beneficiary is actually on payroll and that the staffing company is in existence and that the location where the beneficiary will work is actually in existence. They have also been asking for copies of the contracts between the staffing agency and the place where the alien will work. Although it seems like they are asking for a lot, it does make sense in light of the immigration laws for H-1bs. A lot of abuse went on in the past in this visa categories espcially with staffing agencies etc. They would bring in nurses, etc. and then not place them anywhere! These people would pay and get a visa, enter the US, and when they reported for work were told there was no job for them and then they had no place to go. I believe it is in response to these abuses why we are seeing this now.
ambals03
04-29 04:11 PM
America is bleeding competitiveness | VentureBeat (http://venturebeat.com/2011/04/28/brain-drain-or-brain-circulation-america-is-bleeding-competitiveness/)