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  • gc_rip
    07-05 09:20 AM
    Hi,

    I am frustrated because been in US for more than 10 years, but still don't have GC. With my current PD (Feb 05, EB3-India) expected to the GC by Oct 2023.

    My GC sponsor company also holds my H1B, and applied for 10th year extension just now.
    I have an offer from a Company but for India operations. The position is in India, and salary will be paid in Indian Rupees. Is there a way I can continue my GC process?
    I am not sure if I can travel every year to renew my Advanced Parole (I131). Can I transfer my H1B to the parent US company, and join as an employee for Indian subsidiary? And for the business reasons only travel using the H1B stamp for the US company?

    Please let me know all the possible solutions. It's very hard to abandon the GC process after a decade of wait. At the same time it is impossible for me to keep waiting for another 12 years for the GC while the kids are growing fast, and already resisting the idea of going to India. I want to avoid the forceful exit from USA in future.

    Appreciate all your helpful ideas.

    Thanks,





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  • matrixneo
    08-01 01:05 PM
    here is one in praise of USCIS, replace Anamika and naari with USCIS

    YouTube - Meri Bheegi Bheegi Si Palkon Peh FT.Sanjeev Kumar & Jaya Bhaduri (Kishore Kumar) Hindi Sad Song (http://www.youtube.com/watch?v=yiM2-e5FnLQ)





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  • sheelalann
    05-21 09:13 AM
    Its been real fast. Yesterday I received my Approval letter, today I received my Card in mail.
    Application was approved on 13 may after opening SR on 6th may. So canceling INFOPASS... :)

    Congratulations !! Enjoy the freedom





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  • gc_check
    07-14 07:18 PM
    My lawyer has everything ready to go, Will monitor the situation and will decide accordingly... Most likely, looks like mine will be applied towards the end of July... Also depends on what August VB has to offer, but her concerns are what if USCIS not receipt nor reject and hold the papers, saying the cases are subject to litigation and will not process until a court decides....? etc... and mean time if the dates become current.... what needs to be done...

    Also one thing, I observed, most of the updates from most attorneys seems to be the same... looks like all are going with what Aila/Ailf suggests....

    Hope some interim relief is provided and this whole mess is cleared in favor of the applicants, as we are ones who are really affected



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  • chanduv23
    05-28 03:51 PM
    Heard this from our company lawyer .... uscis will issue RFE for all I-485 applications that are pending for a while to make sure the applicant still has the job offer. He got this from a very reliable source. I dont know how true it is...just sharing what I have heard.

    RFE for employment verification seems to be common these days. As long as you are eligible to port jobs under AC21 - there is no need to worry if you used AC21.





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  • ilikekilo
    09-18 06:08 PM
    green added for you thanks...



    any one else got approvals for E file EAD at NSC

    any recent EAD approvals? we applied on aug 11 and did FP's on sep 8th, i e filed...mine expires on oct 30th ..please advise..mine is at NSC

    the processing dates show may1....and i am moving to a new emplyer on oct 13th and i dont want my new empllyer to get shocked saying my EAD expires on Oct 30th..any suggestions are apprecaited



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  • El_Guapo
    01-14 04:07 PM
    Text "HAITI" to 90999 from your cellphone. This will automatically donate $10 to the Red Cross International Relief Fund. It will be charged to your cellphone bill next month. I've done this already.





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  • tnite
    06-18 11:59 AM
    Hi Guys:

    Had some questions with regards to my actual 485 form.

    situation:

    2000-2003 -F1 (never out of status/ visa stamped in 2000 in bombay)

    2003-2004 - OPT

    2004-2007 - 1st H1 (never got it stamped)

    2007-2010 - 2nd H1 (stamped last month in canada)




    PART 3

    Place of Last Entry Into the United States (City/State)

    What should i put over here? I did not get an arrival stamp when i came back from canada last month after stamping. all the immigration officer did was tear the bottom portion of the h1b approval and staple it to the passport. he said that was my I-94

    Consult a lawyer.
    I personally think putting your canadian vist as the last place of entry might not show up in records as no stamping took place and also the I94 part which is taken by the customs and sent to INS in kentucky did not happen in your case. So when USCIS checks u'r I94, all they will see is the date in 2000 when you came to US.

    In your case since you jumped from F1 to H1B via OPT you might not have had any gaps in chaging status and USCIS did not ask you to leave the country for gettting the H1B stamped(Change of status was approved )

    This situation of yours hinges on technicality and better talk to a lawyer.



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  • gultie2k
    07-07 12:42 PM
    Mr Ganguteli!
    Please refrain from intimidating others in pain. Hoping for large scale denials will not help your cause in any way.





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  • sss9i
    07-21 01:35 AM
    What should I do now??

    Nope, USCIS requests USPS to not to forward but return to sender if not delivered.



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  • dummgelauft
    04-14 10:04 AM
    Umnagini! tough luck man. If this were at-all possible, I would have had my Green card 5 years ago. I have the exact same situation as yours. No, can't do it.





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  • njboy
    07-26 11:22 AM
    sky..definetly wait..they are going to introduce i140 premium processing for eb3 next month, and for eb2 maybe a month later. then for 1000 bucks you can have your i140 cleared ..(there is a good possibility it will clear by itself before that)



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  • ashiqman
    06-24 03:04 PM
    I work for a very small start-up American firm. The company has been in business since 1 year. Even I have been with the company (full-time) for approximately the same amount of time. Unfortunately, the company has not been able to make any revenues in this 1 year. I am planning to visit India in May and if I do, I will have to get my H1 restamped, since my old visa has expired. In this forum, I have seen some instances of rejection/hold on H1B stamping. Taking that into account and given the situation of my company (although genuine and still having enough funds to run), is it worth taking the risk? I will be appearing for an interview in Mumbai. Any info in this regard will be really helpful to me. Thanks in advance.





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  • smartboy75
    05-25 05:53 PM
    Most of I-485 applications are currently stuck with the State Department's Visa Bulletin retrogression which are many years behind. However, aside delays which are attributed to the visa number retrogressions, the cases which were filed during the July 2007 Visa Bulletin fiasco period are expected to take nearly three years from the end of the USCIS itsself processing and adjudications in terms of the workloads, according to the CRS report. July 2007 VB fiasco filers, go figure!
    According to the CRS report, the USCIS issues before the Congress are as follows from the perspectives of FY 2009 budget:
    USCIS Issues for Congress. USCIS issues for Congress include the surgein immigration benefit applications that occurred in FY2007 and which resulted in an increase in the agency’s backlog, and the use of the Federal Bureau ofInvestigation’s (FBI’s) National Name Check program to vet immigration benefitapplications.
    Surge in Benefit Applications and Resulting Backlog. According to the testimony of USCIS Director Emilo T. Gonzalez, USCIS experienced an increasein its backlog of naturalization applications in the second half of FY2007.116 From May through July of 2007 USCIS received three and a half times more applications than during the same three months in the previous year.117 Consequently, published accounts indicate that processing time for applications filed during the FY2007 “surge” would be between 16-18 months, as compared to 6-7 months for applications filed in the same period during FY2006.118 For all immigration benefits, the USCIS director testified that the agency received over 1.2 million more applications during the FY2007 surge than in the same period during FY2006, for a total of over 3 million applications. According to media reports, USCIS officials believe that the backlog created by the application surge could take close to three years to clear. Although citizenship campaigns and a contentious national immigration debate have been cited as contributing factors, many observers believe most of the surge in
    applications may be attributed to the USCIS fee increase of July 30, 2007. These fee adjustments followed an internal cost review and they increased application fees by a weighted average of 96% for each benefit. The cost of naturalization, formmigration benefit applications that occurred in FY2007 and which resulted in an increase in the agency’s backlog, and the use of the Federal Bureau of Investigation’s (FBI’s) National Name Check program to vet immigration benefit applications.example, increased from $330 to $595. Critics of this new naturalization backlog have mainly raised concerns that applicants would not naturalize in time toparticipate in the 2008 election. USCIS did not include a request for direct appropriations to hire additional temporary personnel to adjudicate the backlog.
    Use of FBI National Name Check Program. An additional potential issue for Congress concerns USCIS’ use of the Federal Bureau of Investigation’s (FBI) National Name Check Program. USCIS officials have estimated that roughly 44% of 320,000 pending name checks for immigration benefit applications have taken more than six months to process, including applications for legal permanent residence (LPR) and naturalization. As a result, the White House has authorized USCIS to grant approximately 47,000 LPR applicants their immigration benefits without requiring completed FBI name checks. Critics of this decision believe it could expose the United States to more security threats. The USCIS ombudsman, however, has argued that USCIS employment of the FBI name check process is of limited value to public safety or national security because in most cases the applicants are living and working in the United States without restriction.

    Source: www.immigration-law.com



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  • gc28262
    07-29 11:04 PM
    I don't think that dude knows what he is talking about. Anyway EB1 cases ARE separate from EB2/EB3 and ARE adjudicated separately than the rest. That's why it is current and I don't know what more that dude wanted...Just few months here and there in adjudication process of EB1 cases...so what? In this whole mess of years and years of waiting for others, what's the big deal?

    This particular EB1 gc aspirant has been waiting for his gc even after 2-3 years of his PD becoming current. He don't want EB1 applications to be subjected to the processing times set for EB2/EB3 etc.

    His point is, it does not make sense to wait 2-3 years for a GC once his date is current.





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  • Macaca
    07-11 06:21 PM
    Write an email with all rally details. Save this email in your Yahoo draft folder. Send the email to the person after you have talked to him/her. Now the person does not have to write rally details!



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  • cbpds
    02-11 05:06 PM
    I sent via USPS priority which charged 11 bucks, it reached in 7 days.....the back up plan was to reschedule the visa interview dates. The original plan worked and all ends well !!

    my advice (from my experience)..if u do USPS Priority (India postal employee deliver it for sure), and chances r high that u may receive it in OPENED, MISSING, LOST (part of docs) state (we had this multiple times from different locations)

    Strongly suggest NOT to use Priority unless u have had firsthand good experience!

    Using USPS express was little different, fast, and prompt (guess they use some special delivery layer) :mad:





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  • eilsoe
    03-07 12:33 PM
    voted for mlk, that is one sick design man... just love it... :thumb:


    looks a little like 2A, but may just be the colorscheme :)





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  • kate123
    04-07 09:38 AM
    Kate, do you personally know the two cases? Just curious. Thanks!

    I do not know them personally.. I came across those cases on T.. r. A. c. K. i. T. t. :)





    LostInGCProcess
    06-15 04:25 PM
    So the dates are moving ahead but what does this really imply ? With priority dates retrogessed to around 2000 and no visa numbers availble for EB3. Who is getting the GC. Is it only the Eb2 with PD around 2000 or any one else.

    Does anyone has more info to better understand what these dates imply ?

    It is only the unfortunate souls from India (including me :( ) and China who are not getting the GC's. Rest of the world are getting....that includes Sri Lanka, Bangladesh, Nepal, Bhutan etc....I wish I was born there so that I could have fallen on ROW category. :-)





    chanduv23
    12-08 02:47 PM
    To have some real threads getting started after a long time on IV website. Thanks for the initiative Chunduv

    U r most welcome. Thanks for taking the initiative.

    We need more people taking initiatives on this.

    Folks, please come forward now. IV is your group. IV is "we all combined together"

    Together we can make a difference. Sitting on the fence and doing nothing does not do any good for us.

    Come on folks, all guests will now become members
    All inactive members will now become active members
    All non contributing members will now start contributing.

    Go IV go



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