vinzak
10-14 12:21 PM
Most likely her uncle sponsored his sibling and she was a dependant under 21 of that sibling (ie. one of her parent's) while applying.
Once she has a GC it doesn't matter how she got it. The same rule applies, unless she got it through marriage, which doesn't seem to be the case here.
To apply for citizenship she not only has to maintain residency but be present in the US for a majority of Five continous years. To maintain residency she only has enter the US once every year.
Is she normally resident in the US or outside the US?
Once she has a GC it doesn't matter how she got it. The same rule applies, unless she got it through marriage, which doesn't seem to be the case here.
To apply for citizenship she not only has to maintain residency but be present in the US for a majority of Five continous years. To maintain residency she only has enter the US once every year.
Is she normally resident in the US or outside the US?
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jin108
08-02 08:49 PM
Hi,
I am one of many people here waiting for the date to be able to apply for I-485 because of visa retrogression. I have 3 more H-1 years so I am considering changing a job in category EB2 so the process can be faster (my PD is Jan 2004 with approved I-140). My question is whether this position below can be considered in EB2 or not. To my knowledge on Eb2, it must be more than 5 years experience with BS or MS. I have a MS, but my work experience in US is total 4 years 4 months (intern 10 months in US during MS + 11 months with OPT after MS + 2yrs6months with H-1B).
This is just a part of the job description:
- BS Degree plus 3-5 Yrs experience or MS Degree plus 2 Yrs experience.
Thanks.
I am one of many people here waiting for the date to be able to apply for I-485 because of visa retrogression. I have 3 more H-1 years so I am considering changing a job in category EB2 so the process can be faster (my PD is Jan 2004 with approved I-140). My question is whether this position below can be considered in EB2 or not. To my knowledge on Eb2, it must be more than 5 years experience with BS or MS. I have a MS, but my work experience in US is total 4 years 4 months (intern 10 months in US during MS + 11 months with OPT after MS + 2yrs6months with H-1B).
This is just a part of the job description:
- BS Degree plus 3-5 Yrs experience or MS Degree plus 2 Yrs experience.
Thanks.
dkshitij
09-30 03:14 PM
Sorry to bust your bubble. But this is not a India only forum. Immigration voice intends to represent all immigrants.
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simon03
07-14 12:24 PM
Can someone please confirm the renewal fee required for EAD application (I-765).
My I-485 receipt date is Aug 2, 2007., notice date Sep '07.
However, my AOS application was filed under the old fee structure ($395) pursuant to July 2007 bulletin.
My company's attorney has submitted the application without fee, and USCIS has issued a receipt notice...i.e., they have not rejected the application.
In 2008, I paid the renewal fee when I applied on my own.
My understanding is that fee is required as per I-765 form instructions (page 7). My EAD is expiring mid of August and have been waiting, but not sure what to do
1. Is there a chance that my EAD application will be approved without fee ?
2. Should I just send checks and write cover letter on why fee is required ?
3. Should I send another application, but this time with the fee ?
Should I
My I-485 receipt date is Aug 2, 2007., notice date Sep '07.
However, my AOS application was filed under the old fee structure ($395) pursuant to July 2007 bulletin.
My company's attorney has submitted the application without fee, and USCIS has issued a receipt notice...i.e., they have not rejected the application.
In 2008, I paid the renewal fee when I applied on my own.
My understanding is that fee is required as per I-765 form instructions (page 7). My EAD is expiring mid of August and have been waiting, but not sure what to do
1. Is there a chance that my EAD application will be approved without fee ?
2. Should I just send checks and write cover letter on why fee is required ?
3. Should I send another application, but this time with the fee ?
Should I
more...
nonimmi
05-30 02:52 PM
I haven't come here for a while and don't know what's happening here. Several weeks ago, we said we would be happy if congresses pass CIR. How come we don't want CIR to be passed now?
Gotta clear backlog Ma' :D
Gotta clear backlog Ma' :D
check_rd
11-06 05:39 PM
Yes i had also applied OCI for my child about 6 months back and was denied since we parents hold indian citizenship. Does anybody know that registering every 6 months is a must ? Some of my friends have permanentely gone back to India i am not sure what they are doing though since there kids hold US Citizenship. Any infomation on this will be helpful.
more...
dc2007
07-31 08:17 PM
I am in the same boat.
I applied I-140 in premium processing(Labor applied Apr 2004, Approved Jan 2007). Got RFE to show 5 yrs of exp. My Lawyer replied to RFE on 26th July and USCIS received the documents on 30th of July 2007.
The problem is that USCIS site is showing that they will take upto 60 days to reply. Though I have applied in Premium processing but I guess they answer queries in normal time.
There is a 50-50 chance of getting my RFE cleared. Please suggest:
1. Can I file I-485 before 17th Aug ?
2. If I can, do I have to pay old Fees ?
3. Can I file without medical ?
Please guide ?
Thanks
DC
I applied I-140 in premium processing(Labor applied Apr 2004, Approved Jan 2007). Got RFE to show 5 yrs of exp. My Lawyer replied to RFE on 26th July and USCIS received the documents on 30th of July 2007.
The problem is that USCIS site is showing that they will take upto 60 days to reply. Though I have applied in Premium processing but I guess they answer queries in normal time.
There is a 50-50 chance of getting my RFE cleared. Please suggest:
1. Can I file I-485 before 17th Aug ?
2. If I can, do I have to pay old Fees ?
3. Can I file without medical ?
Please guide ?
Thanks
DC
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Yeldarb
07-16 01:58 PM
www.keepitcoolarizona.com - A full blown PHP site. The layout was done in photoshop. This site features a full PHP backend, including a full admin panel. The client can edit any and all content on the site, as well as add new sections as needed. The content is stored in a mySQL database. It also utilizes the PHP GD Library in order to edit user uploaded images on the fly, including making dynamic thumbnails of photo gallery images. Completion time for this project was 43 hours of work time.
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waitnwatch
07-06 12:59 AM
I just received this RFE on my spouse's I-485 application. It states that while the applicant's name is spelt **i**** on the application it is spelt **ee**** on the birth and marriage registration certificate. The RFE states that they require some sort of document to show that name was officially changed. In a following note the RFE states that the document (I would assume the green card) that the USCIS will issue will be issued in the name on the birth certificate instead of on I-485 application if sufficient proof of registration of name change is not provided. Only a copy of the passport will not be treated as sufficient proof and supporting documentation that the name was registered with authority has to be provided for the USCIS to accept the name change.
Did anyone face this type of issue. What did you do. Any information would be appreciated as I have no clue about how to deal with this. I will ofcourse consult a lawyer at the beginning of next week but would like some advice.
Did anyone face this type of issue. What did you do. Any information would be appreciated as I have no clue about how to deal with this. I will ofcourse consult a lawyer at the beginning of next week but would like some advice.
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samcam
05-19 03:56 PM
Welcome to our newest member, gmpa
I think I missed a couple of you..
I think I missed a couple of you..
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n4nature
02-05 11:59 AM
Hello,
I graduated with a MS degree and I had 4 years of experience (on H1B) as a Test Engineer. I changed the job to a Software Engineer after 4 years. I am now applying for my labor certification for EB2 category. Do I have to apply as MS + 4 years of experience as a Test Engineer position only? (Since my past experience is as a Test Engineer?) OR Can I apply MS + 0 years of experience as a Software Engineer?
Or is there any other combination, that would help approve labor in EB2?
I am aware about the "MS degree requirement" in the position requirements for the case to qualify in the EB2 category and the employer is willing to do that.
Thanks in advance for all your insights.
I graduated with a MS degree and I had 4 years of experience (on H1B) as a Test Engineer. I changed the job to a Software Engineer after 4 years. I am now applying for my labor certification for EB2 category. Do I have to apply as MS + 4 years of experience as a Test Engineer position only? (Since my past experience is as a Test Engineer?) OR Can I apply MS + 0 years of experience as a Software Engineer?
Or is there any other combination, that would help approve labor in EB2?
I am aware about the "MS degree requirement" in the position requirements for the case to qualify in the EB2 category and the employer is willing to do that.
Thanks in advance for all your insights.
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rbalaji5
11-16 03:54 PM
Thanks for the information.
I heard that Mexico does not require any visa for the short-term trip. I doubt If I go by road, will they take my current i-94 at the border and give new i-94 while coming back.
I heard that Mexico does not require any visa for the short-term trip. I doubt If I go by road, will they take my current i-94 at the border and give new i-94 while coming back.
more...
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pappu
08-14 02:36 PM
Can people convert LC pending in BEC to PERM? If So, how safe it is and how much time it takes totally.
evaluate your pros and cons based on your own unique situations.
the BEC uses old generous rules to process applications. thus chances of success are better
perm is faster and thus you can get 140 done sooner to get 3 year extension instead of 1 year.
you can transfer priority date via perm. however if your case in perm is denied, you get into problem. you cannot then go back to BEC application.
bec should process cases by mid next year. there is lot of pressure on them. till now their performance has not been all that good and they are getting lot of flak for it.
in the current retrogression scenario, even if you get perm and 140 approved, you will still be in the back of the line at 485.
thus priority dates are more important. make sure any decision you take maintains your old date.
evaluate your pros and cons based on your own unique situations.
the BEC uses old generous rules to process applications. thus chances of success are better
perm is faster and thus you can get 140 done sooner to get 3 year extension instead of 1 year.
you can transfer priority date via perm. however if your case in perm is denied, you get into problem. you cannot then go back to BEC application.
bec should process cases by mid next year. there is lot of pressure on them. till now their performance has not been all that good and they are getting lot of flak for it.
in the current retrogression scenario, even if you get perm and 140 approved, you will still be in the back of the line at 485.
thus priority dates are more important. make sure any decision you take maintains your old date.
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h1techSlave
02-24 08:00 AM
So are you suggesting that the H1 cancellation was fine?
The approved H1B case status will change to this status only when (1) the employer requests to withdraw/cancel the H1B petition or (2) USCIS reopened the case due to fraud or misrepresentation. In your case, your employer must have notifed USCIS.
The approved H1B case status will change to this status only when (1) the employer requests to withdraw/cancel the H1B petition or (2) USCIS reopened the case due to fraud or misrepresentation. In your case, your employer must have notifed USCIS.
more...
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FinalGC
05-15 11:32 AM
shujaat:
send your all your transcripts to www.wes.org and ask them to evaluate your transcripts. They will confirm whether your education is equivalent to US Education or not.
My wife had a BA (3 years) and BEd (1 year) and after the evaluation, they considered it equivalent to a 4 year US degree with Bachelors degree.
Based on what you said, the lawyer is right, however you can use the EB2 stream using the BS+5 years requirement, rather than the MS requirement.
Hope that helps
send your all your transcripts to www.wes.org and ask them to evaluate your transcripts. They will confirm whether your education is equivalent to US Education or not.
My wife had a BA (3 years) and BEd (1 year) and after the evaluation, they considered it equivalent to a 4 year US degree with Bachelors degree.
Based on what you said, the lawyer is right, however you can use the EB2 stream using the BS+5 years requirement, rather than the MS requirement.
Hope that helps
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watzgc
05-27 05:29 PM
my receipt date is Jul 14th 2007 , got RFE Mar 09th 2008 and replied to RFE Apr 09th 2008 and still waiting.... wat say with u all waiting just 4-5 monts.. thanks,
more...
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GCNeophyte
09-17 02:11 PM
one more question... if I reenter using my AP then IO always take you to some place/room to verify something or its sometimes/randomly only? I just realize that my connection time while coming back from one airport(POE) to another is just 2 hours.
I can tell you right now that 2 hrs is not enough time for your connection flight and it is NOT RANDOM.its for all AP holders
I can tell you right now that 2 hrs is not enough time for your connection flight and it is NOT RANDOM.its for all AP holders
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mhtanim
02-28 01:28 PM
Renewal of one of my friend got rejected on the ground of FP unavailability see my post "Biometric Issue: EAD renewal denied"
If I have never received a FP Notice from USCIS and then, they deny my EAD renewal because of this, that will be total absurd. I don't think any good immigration attorneys will let this go.
If I have never received a FP Notice from USCIS and then, they deny my EAD renewal because of this, that will be total absurd. I don't think any good immigration attorneys will let this go.
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pani_6
06-05 09:52 AM
I think next month its predicted that the Visa numbers will move forward and then retrogress again...so in October(next financial year) again there may be forward movement..what do you guys think!
cagedcactus
07-24 04:01 PM
My I 140 was rejected in April 2007 because USCIS thought that my company couldnt show the ability to pay. My PD was 2003 August.
My attorney filed an appeal, and now he suggests, that we file fresh I 140 and I 485 using the same Labor approval from original PD.
I asked her, whether it was allowed, because I was thinking about filing fresh PERM under the impression that since My I 140 was rejected, I lost my PD.
I need help from the GURUs here. Is the above possible?
My attorney says that when an appeal is pending, once can file a new I 140 and get that approved (so it replaces that appeal). And the benefit would be I will be able to file I 485 right now along with I 140.
Please help me out. I need to act soon on this.
Many thanks in Advance.......
My attorney filed an appeal, and now he suggests, that we file fresh I 140 and I 485 using the same Labor approval from original PD.
I asked her, whether it was allowed, because I was thinking about filing fresh PERM under the impression that since My I 140 was rejected, I lost my PD.
I need help from the GURUs here. Is the above possible?
My attorney says that when an appeal is pending, once can file a new I 140 and get that approved (so it replaces that appeal). And the benefit would be I will be able to file I 485 right now along with I 140.
Please help me out. I need to act soon on this.
Many thanks in Advance.......
OLDMONK
07-09 09:02 PM
So you are of the opinion that there is worse which can happen.
To me this latest I485 filing issue is about as low at it gets. Specially the way it was handled, and the stick approach afterwords with no regrets by any one. (amongst others FBI name checks, retrogression, Country Caps, etc. etc.)
Some Keywords to ponder on / References.
Rice, Condoleezza - A little Inconvenience for applicants
Journalists - Wrinkle in reporting numbers by USCIS
Lets respect ourselves a little better and take a stand, not be docile and humble specially when given the stick. The tougher the immigration gets, the better, provided its dealt fairly and unequivocally.
To me this latest I485 filing issue is about as low at it gets. Specially the way it was handled, and the stick approach afterwords with no regrets by any one. (amongst others FBI name checks, retrogression, Country Caps, etc. etc.)
Some Keywords to ponder on / References.
Rice, Condoleezza - A little Inconvenience for applicants
Journalists - Wrinkle in reporting numbers by USCIS
Lets respect ourselves a little better and take a stand, not be docile and humble specially when given the stick. The tougher the immigration gets, the better, provided its dealt fairly and unequivocally.
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