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  • jsb
    12-05 03:38 PM
    If my wife is a US Green card holder and i am in H1B and if we both file for candian green card and move to canada for a week for stamping. Would it create a problem on US citizenship for my wife.
    the third rule on the first thread.

    If you go to Canada just to get your Canadian immigration stamp, you may have a problem getting back to the US. The border agent may try to determine your real intent, and he/she can technically revoke your GC at the first instance. For the question "where do you live", there can not be two answers.

    Bottom line is that you can try to maintain permanent residencies in both countries, for a while, but not for ever, particularly when passport becomes mandatory for air/road travel, which will record every entry to the US.

    Those who maintain US residency for years by simply visiting US every now and then, pretend that their real home is US, and they just go out for business/work/pleasure etc. But when you have a Canadian PR stamp, you can't say that for Canada.

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  • tonyHK12
    10-04 03:14 PM
    Without a green card, we are still temporary workers, check with a tax consultant about worldwide income too.

    Todays economictimes.indiatimes.com - Green card a tax liability
    "Tax laws in the US empower the Internal Revenue Service, the apex body for US tax administration, to tax global incomes of those holding US citizenships or the green card."
    "Indians with green card or citizenship in US also find having to reporting foreign accounts with deposits of $10,000 or more "

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  • WeShallOvercome
    12-26 12:49 PM
    I suppose you are living in USA.

    On the second option "non-resident alien", if you are residing in USA, then you are not considered as non-resident. So I would eliminate this option.

    On the first option "non-permanent resident alien", if you are residing in USA, I would choose this as the right option. Since holding an H1B means that you are a temporary (non-permanent) resident alien. Holding an EAD does not allow you to stay here permanently. It is only a temporary authorization to allow you to work without H1B. Remember that it requires renewal every year.

    To answer your question, you are a non-permanent resident alien.


    I'm afraid your understanding of the term 'resident' or 'non-resident' is not correct.

    In US immigration jargon, a resident-alien is someone who lives and works in US on a permanent basis- like on a Green card.
    The term non-resident here does not mean that you are not residing in the US. It only means that you are an alien, living and/or working in the US on a temporary basis, and you are not a (Permanent) resident.

    Resident alien - An alien living here on a permanent basis
    NonResident Alien - An alien living here on a temporary basis

    I've never heard of the term 'non-permanent Resident alien'.. I think it is same as non-resident alien..

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  • diptam
    11-13 03:37 PM
    Jokes apart - I-485 is the actual step of converting someone to a real Permanent Resident.

    You don't have to worry about your Skill sets , loads of paperwork - you can do everything that an American can do apart from Voting. Its not a administrative processing step like I-140.

    If on a higher level the politicians feel that economy is bad , umeployment is rocketing up they would do nothing to speed up 485 , rather slow it down... They don't want an extra immigrant to stand in the line for Food stamp or unemployment benefits.

    Makes sense ?

    Is tehre is any way for PREMIUM PROCESSING for I485 pending case ?
    In my case PD is current since years the I140 is approved. Backbround check etc is over. Confirmed by various sources that my case JUST needs to be picked up by IO.
    I have somebusiness trips coming up. My employer want me to find out the way to get the GC faster that way there wont be any hassle for every year renewal od AP and also EADs. and then appplying VISAs which will expire along with teh AP last date.

    Along with me my employer is also fed up now:p.
    Our lawyer being stupid; the employer wants me to find out the way to expedite I485. Since it is in last stages I think theer could be quicker way.

    I know there is the way WOM but is there any other way?:rolleyes:


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  • dealsnet
    04-13 09:14 PM
    Citizenship of child do not consider for cross chargiability. Only the birth place of spouse will taken into consideration, if you file with details shown in the petition.

    Child can be charged to either parent's country's quota, reverse is not allowed.


    I am Canadian citizen lived in Canada for 9 years. In 2005, I moved to USA on TN visa. Here is my case details.....

    Priority Date : Jun-06
    Category : EB2
    I140 Approved : 08/15/2006
    Chargeability : India
    Processing Stage : I-485, EAD, AP
    I485 Mailed Date : 07/02/2007

    My daughter is born in Canada in year 2000.

    My quastion is can I use my daughter's birth country for cross chargeability. I know this is not very common, most of the time spouse's country of birth can be used for cross chargeability. But while I was googling I found the defination on the below website....

    Cross Chargeability : When a Green Card applicant is subject to a quota waiting list, but is the child or the spouse of persons born in a country with more favorable quota, the applicant may cross charge to the most favorable quota.

    I would really appreciate your help.


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  • roseball
    03-03 03:10 PM
    AGI = American Greencard for Indians

    Please add this to the immigration acronyms thread started today...:).......:D........:p


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  • md2003
    03-14 09:41 AM
    If i140 is revoke by earlier employer , will it possible to port PD to new employer?.

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  • madhu345
    12-12 02:59 PM
    You can get it corrected at any local USCIS offices. But its time consuming effort.


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  • RedHat
    08-30 12:26 PM
    My PD is 2002 Aug

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  • sury
    10-29 06:20 AM
    I haven't applied yet. I don't know if I can apply for kid or not.


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  • Hong12
    12-13 11:23 AM
    I have a big problem that I got approved on the H1 Recapture to get back into US on January 15, 09 though my attorney screwed up by putting someone else background into the Petition Letter submitted to USCIS with my application. The petition letter to USCIS is all wrong. It states the wrong education, work experience and job duty. They put somebody else background into mine. They put the correct sponsoring company on the first page of the letter though at the end of the second page they put the wrong sponsoring company. In this case, what should I do and what should I answer at the US Consular in Malaysia to get my H1 Visa? What should I do now? Please advise. Do I have to resubmit the application back to USCIS? Will I get rejected? Please help. Thank you very much.

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  • dharmesh.pariawala
    01-08 02:50 PM
    This gives me hope that atleast this bill will be picked by by March.


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  • asdfgh
    10-13 01:53 PM
    Got notice today from CSC stating below

    we transferred this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our LINCOLN, NE location for processing because they now have jurisdiction over the case. We sent you a notice of this transfer. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done. This case has been sent to our LINCOLN, NE location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

    Havent recd. Receipt Notice, EAD, AP or FP notice yet...any idea what above means?

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  • raj2007
    04-02 09:25 PM
    My employer recd an RFE on Jan 8. The Requested Evidence is supposed to be provided in 12 weeks from the date of the RFE letter(Jan 8).

    I am told that my attorny didn't respond to this RFE. Is it 84 days which means till April 2nd is the deadline when it is supposed to be answered. If that is the case I crossed the deadline by a day or two.

    Can you experienced folks let me know if I crossed the deadline. Is there still a room to answer the ability to pay RFE?

    my employer said he would answer RFE (ability to pay) if some financial adjustments are made. Is it ok and make this financial adjustment so that he can responde to the RFE inspite of the 12 week deadline just passed.

    Will a delayed response for RFE for couple of days at USCIS does matter? Will they reject the evidence if they dont recieve in time?

    Is it better to wait till the I140 is denied and then open an MTR? How easy and practical is it to open an MTR and successfully plead for the I140 approval?

    Your early response helps me take a decision.

    I have already filed 485 based on this RFE pending I140. that will go waste if I140 is denied.

    Your attorney can tell if they accept late RFE reply. 12 week is enough time and I don't see anybody want to delay this.

    MTR decision takes long time, around 1 year or more but you can't use 485 benefits till that is approved.


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  • Prashanthi
    09-08 03:36 PM
    My company lawyers have been preparing for the last 5 months to file for my PERM application. After completing the recruitment stage and getting ready to file, they for some reason have come to the conclusion that the high number of resumes received could land the company in trouble for this case plus future applications.

    Has anybody seen this before. Is there any precedence that a company that receives large number of resumes for the position might cause issues? Even if they have done the due diligence to review all resumes and interview candidates that they deemed fit? Still not finding anybody worthwhile?

    Any comments/ assistance would be most appreciated.


    I would still file, as long as everything has been done properly, so that in case of an audit a proper response can be given. IT jobs usually have special requirements for the job, they require a combination of hardware and software skills for the job. The employer might receive several resumes, the question is if any of them qualify for the job. If you recieve qualified resumes you obviously cannot proceed. I have noticed even in this market that it is still difficult to find candidates who have a certain combination of skill sets, especially if several years of experience is required in the use of these skills. If this is a non-IT job then obviously the job has to be evaluated and the resumes have to be evaluated to see if their are any special requirements and if the applicants qualify.

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  • johnggberg
    08-03 04:12 PM
    based on what happed with july fisco, and 60000 visa getting allocated in june, you must be real close

    send the documents promptly


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  • ramaonline
    09-27 09:46 PM
    approved i140 only allows h1 extensions for self and h4 extn for spouse. spouse must independently qualify for h1 extension beyond 6 years -pl confirm with an immig attny

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  • seahawks
    09-09 06:43 PM
    Please join the group, guys we will need all of your support. Please sign up on the yahoo groups if you are from WA/Oregon. Lets unite and channelize our efforts to make the rally a success.

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  • StukAtBEC
    02-16 10:19 PM

    I need to invoke AC21 at the earliest. I have applied my 485 and I-140 concurrently on Aug 17th. It has just been over 183 days. My 140 is still pending. Due to some reasons, I have to leave my current employer immodestly.

    I know there has been lot of threads discussing about risks involved with using AC21 without approved 140. But I do not have an option at this point. My PD date is Nov-2004 and the way I-140 's are being processed, it is going take at least couple more months before I can expect my 140 approval.

    I have the following questions:
    1) I read in Aytes memo, that if it is over 180 days, they would check for evidence that the case is approval or would have been approval had it been adjudicated within 180 days. Now, if the USCIS sends an RFE for 140 after 180 days, would it still go to my old firm's attorney? If yes, then how would we handle this scenarrio...

    I work for a Big 5 Consulting firm and ability to pay should not be an issue. As far as my education is concerned, I have Bachelors in Computer Science Engineering from India and a MS in the same field in US...My experience matches the labor cert. requirements. What are the chance that I might get an RFE? I filed my application at TSC

    2) Also, if the 140 is approved, it would go to my old company's attorney..right? How would I get a copy of the same.

    3) If I invoke AC21 using my EAD and in the worst case scenario, if my 140 and 485 is rejected, can I then transfer my H1B to an other company (I still have some years left) or will that be a problem because I was not on H-1b at that time?

    Would it be treated as a new application where in I have to try to get into the quota or it would just be a normal H-1b transfer...

    Also, I'm looking for a good attorney to help me invoke AC21...Please advise!

    Gurus... please help me with your suggestions.

    11-09 01:58 PM
    Have sceintific journal/grant proposal writing skills and am good at Powerpoint. Will be glad to help.

    09-12 07:21 PM
    Let's redefine:

    "laziness" = DOL
    "stupidity" = USCIS
    Please reconsider language of your posts and your bottom line too.
    Most IV members may not subscribe to such harsh views


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