thomachan72
01-25 03:47 PM
Returning to the US after living abroad for 9 years and need to know what is the best process for my wife to re-apply for green card.
History:
My wife and I have been married for 20 years, own a home in the US and have one child who holds a US passport. While living in the US my wife held a Green Card. However, when we moved she surrendered the card. Now we are returning to the US and she need to get the Green Card once again. Does she need to apply as if this is the first time or is there an application or process for previous residents or Green Card holders?
Thank you for any and all help you can provide.
cheers,
JakeJake, am not sure but have heard from some previous GC holders that once you surrender then it is very difficult to get it back. She might have to start all over again. Have u checked with any attorney regarding this?
History:
My wife and I have been married for 20 years, own a home in the US and have one child who holds a US passport. While living in the US my wife held a Green Card. However, when we moved she surrendered the card. Now we are returning to the US and she need to get the Green Card once again. Does she need to apply as if this is the first time or is there an application or process for previous residents or Green Card holders?
Thank you for any and all help you can provide.
cheers,
JakeJake, am not sure but have heard from some previous GC holders that once you surrender then it is very difficult to get it back. She might have to start all over again. Have u checked with any attorney regarding this?
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sgorla
06-21 03:28 PM
Great. Thanks for sharing this info.
Good luck!
Yes
Good luck!
Yes
PD_Dec2002
07-02 03:59 PM
My situation is tricky here. I would really appreciate any inputs.
My six years validity for H-1 B will be complete in Mid Dec 2007. I filed my Labor on March 5th in Atlanta. As you know the ATLANTA center is really really slow and I am still waiting on my Labor approval decision. I thought of applying 140 through Premium Processing. Now USCIS suspended premium processing for 140s. My question is:
Whay will be my situation if my Labor gets approved and 140 is pending as of dec 2007 as the LC is filed with less than 365 days remaining on H1 validity? Will I be out of status or can I apply for 7th year extension.
Please guide me through the process and any scenarios. Thank you in advance.
It was intially hard to predict when USCIS would resume PP for I-140. But now that they have stopped taking in 485 applications, they should be in a position to estimate their work load and provide guidance soon.
Thanks,
Jayant
My six years validity for H-1 B will be complete in Mid Dec 2007. I filed my Labor on March 5th in Atlanta. As you know the ATLANTA center is really really slow and I am still waiting on my Labor approval decision. I thought of applying 140 through Premium Processing. Now USCIS suspended premium processing for 140s. My question is:
Whay will be my situation if my Labor gets approved and 140 is pending as of dec 2007 as the LC is filed with less than 365 days remaining on H1 validity? Will I be out of status or can I apply for 7th year extension.
Please guide me through the process and any scenarios. Thank you in advance.
It was intially hard to predict when USCIS would resume PP for I-140. But now that they have stopped taking in 485 applications, they should be in a position to estimate their work load and provide guidance soon.
Thanks,
Jayant
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anu_t
09-21 12:29 PM
Did you have a receipt number for 140? I'm in the same boat but I didn't apply for 485 yet. and I don't have a 140 receipt number.
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roseball
04-03 04:30 PM
Recently my I-140 petition for EB2 was denied on educational grounds . The employer opened an MTR/appeal.
Is it possible to re-file the I-140 petition in EB3 using the same labor certification, while the first I-140 is pending appeal at AAO.
Not while an appeal is pending. Even then, it depends on what the job and educational requirements were on the labor application. What was the reason for EB-2 I-140 denial?
Is it possible to re-file the I-140 petition in EB3 using the same labor certification, while the first I-140 is pending appeal at AAO.
Not while an appeal is pending. Even then, it depends on what the job and educational requirements were on the labor application. What was the reason for EB-2 I-140 denial?
billu
09-26 08:38 AM
I am on h1b visa in my 6th year. My previous employer had applied for my GC under EB3. My I-140 was approved from old employer with the PD of october 2007.Now, my new employer is going to file the GC under EB2 but the lawyer is not sure if the I-140 would be approved (since its EB2). My question is:
If the new I-140 gets denied due to any reason, will my old I-140 still be valid (under EB3). The old I-140 has not been revoked or withdrawn. My new employer has applied for my h1b extension (beyond 6th year) on the basis of my previous approved I-140. pls do reply. thanks.
If the new I-140 gets denied due to any reason, will my old I-140 still be valid (under EB3). The old I-140 has not been revoked or withdrawn. My new employer has applied for my h1b extension (beyond 6th year) on the basis of my previous approved I-140. pls do reply. thanks.
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saiku
03-10 04:09 PM
True enough, Dixie. I was hoping that other affected parties would become aware of this site through digg. Even one more contribution through this promotion would be worth it, I think.
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blacktongue
10-07 02:38 PM
How will removing country limits help China, India and ROW.
Has someone done any calculations on visa date movement.
We should have some comparison on this because some of us from China against. I seen many ROW against.
Does it help only Indians or everyone by how much?
I see these calculations bringing Indians, Chinese and ROW together.
Has someone done any calculations on visa date movement.
We should have some comparison on this because some of us from China against. I seen many ROW against.
Does it help only Indians or everyone by how much?
I see these calculations bringing Indians, Chinese and ROW together.
more...
glus
01-02 09:23 AM
hello,
If you applied for their I-130 before the end of 4/2001, then they would be eligible for 245(i) and adjust status even if they are illegally here now. However, for 245(i) to work, would require them being present in the U.S. at the time you applied for I-130. In short, if they were physically present in the U.S. before the end of April of 2001, and if you applied for their I-130 before end of April of 2001, they can adjust in the U.S. If not, they can't. In any case, if they leave the U.S. now for consular processing, they will not be able to receive their immigrant visas because they will trigger a 10-year bar from entry to the U.S. and become inadmissible.
I would advise to speak to an immigration lawyer before doing anything at this time.
If you applied for their I-130 before the end of 4/2001, then they would be eligible for 245(i) and adjust status even if they are illegally here now. However, for 245(i) to work, would require them being present in the U.S. at the time you applied for I-130. In short, if they were physically present in the U.S. before the end of April of 2001, and if you applied for their I-130 before end of April of 2001, they can adjust in the U.S. If not, they can't. In any case, if they leave the U.S. now for consular processing, they will not be able to receive their immigrant visas because they will trigger a 10-year bar from entry to the U.S. and become inadmissible.
I would advise to speak to an immigration lawyer before doing anything at this time.
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sk.aggarwal
11-08 09:46 AM
Why do you think anyone in India including the government will spend there political good will to help people like us? Since we are planning to leave India for good and possibly become USC in due course of time there is nothing to gain from helping people like us. . They might ask for H1/L1 etc because it impacts Indian companies.
India looses talent when we immigrate, it is unfair to ask them to help expedite this
India looses talent when we immigrate, it is unfair to ask them to help expedite this
more...
chasingdream245
03-01 11:07 AM
Hi guys,
I hit a road block lately with my new H1B application. I'm on extended OPT and filed for my H1B in regular processing in the month of Sep'10 while working for a Client A. The Client A could not provide an Client letter during that time. My employer has then proceeded with a letter from my Prime Vendor . Then, unfortunately after 1 month of filing my H1B, my contract with Client A ended and I moved to another contract with Client B. Now, USCIS had few questions with Client A because of missing client letter and gave a RFE on my case. My employer then responded with an amendment petition to the RFE with the new Client B and also provided a client letter from Client B this time around. But, unfortunately USCIS has rejected the amendment petition and stated they are looking for Client A stuff as the primary H1B application has listed Client A and now, I just received an update that my H1B has been denied stating the same reason that USCIS is still looking for response to the query on primary client (Client A). I'm really struck now as my employer is in no mans land whether to file for a MTR or not, fearing that USCIS might not change the verdict because they might still look for Client A letter.
I need your valuble advice in this situation ASAP.
I hit a road block lately with my new H1B application. I'm on extended OPT and filed for my H1B in regular processing in the month of Sep'10 while working for a Client A. The Client A could not provide an Client letter during that time. My employer has then proceeded with a letter from my Prime Vendor . Then, unfortunately after 1 month of filing my H1B, my contract with Client A ended and I moved to another contract with Client B. Now, USCIS had few questions with Client A because of missing client letter and gave a RFE on my case. My employer then responded with an amendment petition to the RFE with the new Client B and also provided a client letter from Client B this time around. But, unfortunately USCIS has rejected the amendment petition and stated they are looking for Client A stuff as the primary H1B application has listed Client A and now, I just received an update that my H1B has been denied stating the same reason that USCIS is still looking for response to the query on primary client (Client A). I'm really struck now as my employer is in no mans land whether to file for a MTR or not, fearing that USCIS might not change the verdict because they might still look for Client A letter.
I need your valuble advice in this situation ASAP.
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abhisam
07-19 05:54 PM
Hello,
My I-485 application was filed under EB3 category when I was working for my previous employer (PD - October 2006). I changed my job in August 2008, but never sent any documentation for AC21. I now have close to 8 years of experience and also a masters degree (MBA) from a reputed univeristy here in the US.
Now that EB2 dates are so close to October 2006, is there anyway I can port my application from EB3 to EB2? I can initiate this discussion with my current employer and may be able to convince them to help me. But I want to know exactly what needs to be done.
Thanks a lot in advance for your assistance in this matter!
- abhisam
My I-485 application was filed under EB3 category when I was working for my previous employer (PD - October 2006). I changed my job in August 2008, but never sent any documentation for AC21. I now have close to 8 years of experience and also a masters degree (MBA) from a reputed univeristy here in the US.
Now that EB2 dates are so close to October 2006, is there anyway I can port my application from EB3 to EB2? I can initiate this discussion with my current employer and may be able to convince them to help me. But I want to know exactly what needs to be done.
Thanks a lot in advance for your assistance in this matter!
- abhisam
more...
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GCwaitforever
06-16 04:29 PM
Because of congressional inquiry amid fears of national security, processing of Greencard applicaitions might be even slower.
http://grassley.senate.gov/index.cfm?FuseAction=PressReleases.View&PressRelease_id=5008
http://grassley.senate.gov/index.cfm?FuseAction=PressReleases.View&PressRelease_id=5008
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psaxena
08-26 01:09 PM
Thanks OP for posting these articles. Really great articles.
Hey I would suggest and ask everyone to send the emails to the BW and SFMAG and thank them for writing such good articles. This will motivate them to write more articles like these and gets us in the picture and our issues which will help in CIR
Hey I would suggest and ask everyone to send the emails to the BW and SFMAG and thank them for writing such good articles. This will motivate them to write more articles like these and gets us in the picture and our issues which will help in CIR
more...
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ektha123
12-12 03:41 PM
some where i read in the forum if we leave the country without the approval of ap our 485 status will be abonded.
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willigetgc?
03-04 10:00 AM
The sad part about the Brokow's report is that he focused on H1B issue and not the real problem which is the green card issue.
Yes, people come on H1B - however, for those immigrants to put down the roots, it has to happen through green cards and not H1B extensions (neither one of which was mentioned in the report). I am not sure if this is a two part series, but it should be.
IV members should write to MSNBC Nightly News to do a more in depth story on immigration problems of the high skilled immigrants.
NBC Nightly News: Contact us - Nightly News - msnbc.com (http://www.msnbc.msn.com/id/41625923)
Yes, people come on H1B - however, for those immigrants to put down the roots, it has to happen through green cards and not H1B extensions (neither one of which was mentioned in the report). I am not sure if this is a two part series, but it should be.
IV members should write to MSNBC Nightly News to do a more in depth story on immigration problems of the high skilled immigrants.
NBC Nightly News: Contact us - Nightly News - msnbc.com (http://www.msnbc.msn.com/id/41625923)
more...
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anon123x456z
11-02 07:06 PM
Can anybody help me??
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theshiningsun
08-03 08:57 AM
hi attorneys,
can u plz shed some light on this?
thx in advance,
hi attorneys,
which visa can someone apply for it s/he intends to work as a caterer?
is the J-1 visa applicable for this? if yes what r the eligibility requirements for this visa?
thx in advance,
can u plz shed some light on this?
thx in advance,
hi attorneys,
which visa can someone apply for it s/he intends to work as a caterer?
is the J-1 visa applicable for this? if yes what r the eligibility requirements for this visa?
thx in advance,
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Prancer
04-08 07:27 PM
Ok, I made another one :thumb:
In edit above.
In edit above.
bnaravindan
11-11 12:31 PM
Here is my case
I came to US in Aug 2005 on F1 and My I-94 was till Duration of study.
I graduated and my OPT was from April 27th 2008 till April 26th 2009
MY company applied for my H1 on April 1st 2009 and got it approved starting Oct 1st 2009 ...but i got I 797 B ( which does not have an I-94 and is H1 approval without change of status) instead of I 797A.
I 797 B is H1 approval without change of status, My employer applied for amendment on May 2009, but again i got I 797 B instead of corrected I 797 A with a start date of october 1st. Same thing happened 3 times and now i got I 797 B again and my company says that they are going to file for the change of status again but its already November and i dont know what to do.Wanted to know if somebody has gone through the same situations and If i go to India(Chennai) for stamping what would be the problem.
what should i answer if visa officer ask's me about what have you done from April 28th 2009 tilll October 2009 and as you were not in OPT or in H1b why did you stay in US...
I came to US in Aug 2005 on F1 and My I-94 was till Duration of study.
I graduated and my OPT was from April 27th 2008 till April 26th 2009
MY company applied for my H1 on April 1st 2009 and got it approved starting Oct 1st 2009 ...but i got I 797 B ( which does not have an I-94 and is H1 approval without change of status) instead of I 797A.
I 797 B is H1 approval without change of status, My employer applied for amendment on May 2009, but again i got I 797 B instead of corrected I 797 A with a start date of october 1st. Same thing happened 3 times and now i got I 797 B again and my company says that they are going to file for the change of status again but its already November and i dont know what to do.Wanted to know if somebody has gone through the same situations and If i go to India(Chennai) for stamping what would be the problem.
what should i answer if visa officer ask's me about what have you done from April 28th 2009 tilll October 2009 and as you were not in OPT or in H1b why did you stay in US...
logus
10-14 12:12 PM
Thanks A lot,
This is a perm position so there is no project end date.. I think that should satisfy USCIS
Logus
This is a perm position so there is no project end date.. I think that should satisfy USCIS
Logus
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