sunny1000
10-14 12:51 AM
My girlfriend is an Australian citizen and I am an Indian citizen.
Her uncle and cousins immigrated to the US years ago and she seems to have a Family-Based Immigrant VISA under category F4.
Her parents have greencards too.
She believes her greencard was filed for her by her uncle after he got his US Citizenship.
1. Can this be the case? ( Can an uncle file a green card for a niece? Or was it filed by the cousins? )
Does she or does she not have a green card in her hand?
We were recently browsing the USCIS site and it seems she still has to maintain continious residence in the US for 3 more years to be eligible for naturalization.
This is after she receives the greencard...not merely by staying in the U.S on a non-immigrant visa. What is her legal status now?
2. Is it mandatory for green card holders to have 5 years in the US to be eligible for naturalization regardless from the country they are from?
Yes.
I mean, a lot of immigrants come from India, China etc, but applications from Australia are a lot less.
Will she, being an Australian citizen, have to wait for 5 years just like immigrants from India, China etc have to? Or can she wait in the US for less time?
All immgrants except ones in the U.S military will have to wait 5 years to become citizen AFTER obtaining the greencard (I think the spouse of an U.S citizen may get it in 3 years). There is a seperate wait time for greencard based on country of nationality. So, again, does she have a green card already or is she staying on non-immigrant visa?
3. We would love to get married soon. I don't have any immigrant or dual intent VISAs for the US nor am I very much interested in going to the US either.
However, her uncle has told her that her greencard would be revoked if she got married to me before getting her US Citizenship.
Not true.
Is this just empty an threat from her uncle or are there really restrictions on how person with a greencard can get married or not?
Spouses of green card holders who are aliens have a typical 5 year wait (especially if you are from India) to get a green card
4. Are not all greencards created equal?
Most green cards are but, the road to getting them is not equal. Also, some of the green cards have a restriction of 2 years initially (also known as conditional green cards) when you are married to a U.S citizen for example.
5. Is there any way by which we can verify, by ourselves, what is the category and type of greencard she has?
If she has a green card, that is all there is to it (unless she obtained it via marriage which may have a conditional 2 year validity initially). It is an immigrant visa without restrictions. As long as no laws are broken while receiving it and thereafter, she can apply for your green card as a spouse.
Any special serial numbers/markings/etc?
I would love to have contacts of good immigration attorneys either in Hyderabad, India or San Francisco, US in case this case is complicated
Please post this in the lawyers section so that an immigration attorney can help if he/she is from SFO.
Read between the lines for answers.
Her uncle and cousins immigrated to the US years ago and she seems to have a Family-Based Immigrant VISA under category F4.
Her parents have greencards too.
She believes her greencard was filed for her by her uncle after he got his US Citizenship.
1. Can this be the case? ( Can an uncle file a green card for a niece? Or was it filed by the cousins? )
Does she or does she not have a green card in her hand?
We were recently browsing the USCIS site and it seems she still has to maintain continious residence in the US for 3 more years to be eligible for naturalization.
This is after she receives the greencard...not merely by staying in the U.S on a non-immigrant visa. What is her legal status now?
2. Is it mandatory for green card holders to have 5 years in the US to be eligible for naturalization regardless from the country they are from?
Yes.
I mean, a lot of immigrants come from India, China etc, but applications from Australia are a lot less.
Will she, being an Australian citizen, have to wait for 5 years just like immigrants from India, China etc have to? Or can she wait in the US for less time?
All immgrants except ones in the U.S military will have to wait 5 years to become citizen AFTER obtaining the greencard (I think the spouse of an U.S citizen may get it in 3 years). There is a seperate wait time for greencard based on country of nationality. So, again, does she have a green card already or is she staying on non-immigrant visa?
3. We would love to get married soon. I don't have any immigrant or dual intent VISAs for the US nor am I very much interested in going to the US either.
However, her uncle has told her that her greencard would be revoked if she got married to me before getting her US Citizenship.
Not true.
Is this just empty an threat from her uncle or are there really restrictions on how person with a greencard can get married or not?
Spouses of green card holders who are aliens have a typical 5 year wait (especially if you are from India) to get a green card
4. Are not all greencards created equal?
Most green cards are but, the road to getting them is not equal. Also, some of the green cards have a restriction of 2 years initially (also known as conditional green cards) when you are married to a U.S citizen for example.
5. Is there any way by which we can verify, by ourselves, what is the category and type of greencard she has?
If she has a green card, that is all there is to it (unless she obtained it via marriage which may have a conditional 2 year validity initially). It is an immigrant visa without restrictions. As long as no laws are broken while receiving it and thereafter, she can apply for your green card as a spouse.
Any special serial numbers/markings/etc?
I would love to have contacts of good immigration attorneys either in Hyderabad, India or San Francisco, US in case this case is complicated
Please post this in the lawyers section so that an immigration attorney can help if he/she is from SFO.
Read between the lines for answers.
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kisana
09-02 10:52 AM
There is place in the I-9 , Alien Authorized to work unitll, you need to provide the H1 information instead of the EAD information. Also instead of Alien#, you need to provide Admissible # which is on I-94 of new H1B. When some one submit I-9 form you need to show the Passport and you H1B copy. That way you are sure that you are using H1B.
desi3933
03-15 06:59 AM
Thanks coopheal, desi3933.
But in case of switching from H1b to EAD (while working for H1b/GC sponsoring employer), there is no termination, changes in the employee�s eligibility or change in job duties. So no requirement to cancel H1b.
Incorrect!
Switching from H-1B to EAD comes under change in employee's eligibility. That's the reason new I-9 is filed (to reflect change in employee's employment eligibility).
_______________________
Not a legal advice.
US citizen of Indian origin
But in case of switching from H1b to EAD (while working for H1b/GC sponsoring employer), there is no termination, changes in the employee�s eligibility or change in job duties. So no requirement to cancel H1b.
Incorrect!
Switching from H-1B to EAD comes under change in employee's eligibility. That's the reason new I-9 is filed (to reflect change in employee's employment eligibility).
_______________________
Not a legal advice.
US citizen of Indian origin
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desi3933
08-27 01:52 PM
Thanks desi3933.
My followup qn to this is ..
If I get my 3yr H1 extn approved (before 140 cancellation) with company B and company A revokes my approved 140, is it possible to transfer my priority date(of the approved 140 ..which is now revoked by company A) to my new 140 filed by company B?
Thanks
A priority date can only be recaptured from one approved I-140 to another approved I-140, regardless of whether an I-485 was filed or not.
Please check with your attorney.
____________________
Not a legal advise.
My followup qn to this is ..
If I get my 3yr H1 extn approved (before 140 cancellation) with company B and company A revokes my approved 140, is it possible to transfer my priority date(of the approved 140 ..which is now revoked by company A) to my new 140 filed by company B?
Thanks
A priority date can only be recaptured from one approved I-140 to another approved I-140, regardless of whether an I-485 was filed or not.
Please check with your attorney.
____________________
Not a legal advise.
more...
johnggberg
08-10 12:00 PM
go to http://www.uscis.gov/ and click on Press Room top right hand corner, but its not realsed yet
bigboy007
11-03 08:36 PM
But as mentioning is it good to efile or manual filing. as i said this is the case , I have moved after filing 485 my file is at NSC , for CT direct centre is VSC and many ppl have adviced to send file to NSC as my 485 is at NSC. Hence i have decided to file for Manual filing as i am new to Efiling and i dont want it to suggest this to go to VSC which will delay the case ? am i making sense?
Any list for manual filing ?
Checkout : http://immigrationvoice.org/forum/showthread.php?t=14135 (http://immigrationvoice.org/forum/showthread.php?t=14135)
Extract for eFiling EAD:
Covering Letter from the PDF
Covering letter from self
Copy of I-485 Receipt
Copy of approved I-140 (If approved)
Copy of PP (1st and last Page)
Copy of Visa Stamping
Copy of I-94 (Front & Back)
Copy of DL
Any list for manual filing ?
Checkout : http://immigrationvoice.org/forum/showthread.php?t=14135 (http://immigrationvoice.org/forum/showthread.php?t=14135)
Extract for eFiling EAD:
Covering Letter from the PDF
Covering letter from self
Copy of I-485 Receipt
Copy of approved I-140 (If approved)
Copy of PP (1st and last Page)
Copy of Visa Stamping
Copy of I-94 (Front & Back)
Copy of DL
more...
sniranjank
07-23 02:08 PM
Delivery date: Jul 19, 2007 9:29 AM
Sign for by: K.LAWSON
EB3- India - Jul03
Sign for by: K.LAWSON
EB3- India - Jul03
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Simran21
10-01 01:18 PM
Thanks for the reply.
For me I will select "YES" to "Are you applying for same visa class that expired in the last 12 months?" but what should I select for my daughter (she 2 yrs old)?
In VISA renewal criteria it says "First time H4 or L2 applicants under 18 years of age." do not qualify for appointment in this renewal category?
This statement has confused me to whether to go for "YES" or "NO"?
thanks in advance
For me I will select "YES" to "Are you applying for same visa class that expired in the last 12 months?" but what should I select for my daughter (she 2 yrs old)?
In VISA renewal criteria it says "First time H4 or L2 applicants under 18 years of age." do not qualify for appointment in this renewal category?
This statement has confused me to whether to go for "YES" or "NO"?
thanks in advance
more...
jliechty
March 3rd, 2004, 03:25 PM
IMHO, it's a fine composition of an interesting geometric pattern displayed in a subject. :)
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number30
03-05 09:45 PM
As I mentioned earlier, my case is family-based. I'm in F1 visa status so the 245 provision doesn't apply to me. The period of work is hard to calculate. Since I never actively participated in my own business, I don't recall ever working for more than a few hours each month.
I suppose the question boils down to this: Should I, or shouldn't I disclose my self employment to CIS?
Family based might based upon the parents or siblings. That is the reason i asked whether is is spouse? If spouse you are OK. You can disclose the income.
I suppose the question boils down to this: Should I, or shouldn't I disclose my self employment to CIS?
Family based might based upon the parents or siblings. That is the reason i asked whether is is spouse? If spouse you are OK. You can disclose the income.
more...
DDash
08-06 04:50 PM
Tsc
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cagedcactus
07-25 07:13 AM
Thanks friends. Just a reminder. I am not using any pre approved labor. This labor was mine. The company filed it for me in august 2003. Then I 140 was filed in may 2006 after labor approval.
That I 140 was denied after an RFE in april 2007. My lawyer appealed for it, so the appeal is pending on that I 140.
Now My laywer suggests that I file another I 140 with the same labor, while the appeal is pending on that first I 140. He says that if USCIS asks for which one to keep, he will continue with the new one and scrap the old one. Either of them get approved, I can avoid the other.
Is it possible?
thanks for your kind inputs.....
That I 140 was denied after an RFE in april 2007. My lawyer appealed for it, so the appeal is pending on that I 140.
Now My laywer suggests that I file another I 140 with the same labor, while the appeal is pending on that first I 140. He says that if USCIS asks for which one to keep, he will continue with the new one and scrap the old one. Either of them get approved, I can avoid the other.
Is it possible?
thanks for your kind inputs.....
more...
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willigetgc?
11-15 09:14 AM
I'm trying to figure out the reasoning behind Mexico's numbers as well. According to the latest cut-off date tables http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf
Mexico has about 5,800 folks total for EB-3 in the queue so far, but we have seen very little movement in the past years. My questions to the forum:
1) Is the slow movement due to so many cases in field offices not yet reported?
2) Do family-based numbers take away from the 7% of 140K visas a year or are these solely for EB?
3) Any idea why movement is so slow for Mexico given the numbers of people currently in the queue?
Theories are welcome.
1. Yes, It is be possible that there are many cases in the field offices that are not counted
2. No, the 140K is solely for the EB category, the FB does not take any visa numbers from EB unless there is more visa numbers available than applicants...........which in the current situation is not true
Mexico has about 5,800 folks total for EB-3 in the queue so far, but we have seen very little movement in the past years. My questions to the forum:
1) Is the slow movement due to so many cases in field offices not yet reported?
2) Do family-based numbers take away from the 7% of 140K visas a year or are these solely for EB?
3) Any idea why movement is so slow for Mexico given the numbers of people currently in the queue?
Theories are welcome.
1. Yes, It is be possible that there are many cases in the field offices that are not counted
2. No, the 140K is solely for the EB category, the FB does not take any visa numbers from EB unless there is more visa numbers available than applicants...........which in the current situation is not true
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newuser
04-15 12:15 PM
Congratulations and enjoy the freedom
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hoolahoous
11-01 11:58 AM
part 3, item 2: "Have you received public assistance in the United States from any source, including the U.S.Government or any State, county, city, or municipality (other than emergency medical treatment), or are you likely to receive public assistance in the future?"
not sure what your point is. the list clearly states
"Unemployment compensation is also not considered for public charge purposes."
not sure what your point is. the list clearly states
"Unemployment compensation is also not considered for public charge purposes."
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satyasrd
04-29 09:53 AM
I agree that we desperately need media attention. No one knows our story, about people living in this country for 10-15 years legally without any GC relief.
Should we organize a rally or contact the media for interviews ?
Pappu/Admin, any ideas ?
Should we organize a rally or contact the media for interviews ?
Pappu/Admin, any ideas ?
more...
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glen
05-02 03:57 PM
:)
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India76
07-16 09:30 PM
guys....please answer...
like many of you i am waiting to file my I-485. My attorney didn't file mine once news was out on july 2nd. and now i am going to india on 19th July as my mother is in serious condition and coming back on 3rd august.
If DHS/USCIS announce that we can file AOS in july, what are my options? can my attorney file my papers when i am in india?
like many of you i am waiting to file my I-485. My attorney didn't file mine once news was out on july 2nd. and now i am going to india on 19th July as my mother is in serious condition and coming back on 3rd august.
If DHS/USCIS announce that we can file AOS in july, what are my options? can my attorney file my papers when i am in india?
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sixburgh
07-17 03:47 AM
I can re-apply, but my 485 is already approved on July 8th!
I meant re-apply for her 485
I meant re-apply for her 485
diptam
08-13 11:18 AM
Thanks for the update - Lets give them 1 more week for clearing July 2nd.
They are human beings too like us.
By the way 765 they say compliant till 7/2 which means individually filed 765 not the 765 which was sent with 485 package - Right ?
Thanks!
Here is the update we were expecting to see on Aug 10th and now available (be first one to see): http://www.uscis.gov/files/pressrelease/ReceiptingTimes081007.pdf
I-140(8/3) I-485(8/3)
NSC 7/1 7/1
TSC 7/30 6/26
I-140(8/10) I-485(8/10)
NSC 7/1 7/1
TSC 7/31 6/28
NSC no progress at all
TSC 1day for I-140 & 2days fro I-485
PS: None of the centers entered in Jul 2nd....can't imagine the delays after they enter Jul 2nd....mass number of applications....
They are human beings too like us.
By the way 765 they say compliant till 7/2 which means individually filed 765 not the 765 which was sent with 485 package - Right ?
Thanks!
Here is the update we were expecting to see on Aug 10th and now available (be first one to see): http://www.uscis.gov/files/pressrelease/ReceiptingTimes081007.pdf
I-140(8/3) I-485(8/3)
NSC 7/1 7/1
TSC 7/30 6/26
I-140(8/10) I-485(8/10)
NSC 7/1 7/1
TSC 7/31 6/28
NSC no progress at all
TSC 1day for I-140 & 2days fro I-485
PS: None of the centers entered in Jul 2nd....can't imagine the delays after they enter Jul 2nd....mass number of applications....
H1B2GC
09-30 07:24 PM
Option 1:
You could write a letter to USCIS to let them know that this attorney who filed your I-485 does not represent you anymore and future correspondence be addressed to you directly and also to revoke the G-28. You will not get any letter from USCIS confirming that your request was processed.
Option 2:
You could hire a new attorney to represent you. In that case he would file a new G-28, the USCIS does send a letter confirming that they accepted your new attorney representation. Meanwhile, until this happens, all the correspondence will go to the old attorney who could potentially screw up your case.
If you are lucky enough and don't get a RFE till the new G-28 is accepted, You are SAFE. Also, any attorney you hire will charge you the FULL fees for I-485 filing that will be at least $3000.00 plus additional $5000.00 (If your case gets complicated). My best bet for you is to use option 1 and save your hard earned $. As you'll be taking your chances anyways.
You should urge LIVE to start up an emergency rescue service (similar to what AAA does), i.e., to get an attorney who would help taking up cases for members only who suffer from unscrupulous attorneys for free and charge a low monthly membership fees till one gets the green card. I hope someone from LIVE is reading this post?
You could write a letter to USCIS to let them know that this attorney who filed your I-485 does not represent you anymore and future correspondence be addressed to you directly and also to revoke the G-28. You will not get any letter from USCIS confirming that your request was processed.
Option 2:
You could hire a new attorney to represent you. In that case he would file a new G-28, the USCIS does send a letter confirming that they accepted your new attorney representation. Meanwhile, until this happens, all the correspondence will go to the old attorney who could potentially screw up your case.
If you are lucky enough and don't get a RFE till the new G-28 is accepted, You are SAFE. Also, any attorney you hire will charge you the FULL fees for I-485 filing that will be at least $3000.00 plus additional $5000.00 (If your case gets complicated). My best bet for you is to use option 1 and save your hard earned $. As you'll be taking your chances anyways.
You should urge LIVE to start up an emergency rescue service (similar to what AAA does), i.e., to get an attorney who would help taking up cases for members only who suffer from unscrupulous attorneys for free and charge a low monthly membership fees till one gets the green card. I hope someone from LIVE is reading this post?
