Wednesday, June 29, 2011

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  • eb3retro
    07-13 10:34 PM
    this is an attorney question. also this forum is for employment based green card issues. please check with ur attorney.

    Can you please help me figure out how to calculate the eligibility for citizenship. If one married a US citizen. Obtained conditional residency, the temporary green card, then forgot to apply to remove conditions. So re-applied for green card, and was granted. The parties have been married 5 years. Will the initial 2 years spent as a conditional resident count towards the 3 years for the citizenship? Again, I want to stress out that after the initial 2 years in conditional permanent residency, forgot to remove conditions, and a new application for green card was needed. However this time the permanent green card was given. Or will she have to wait another 3 years from now on with the permanent green card until applying for the citizenship?

    I appreciate any help.

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  • mna123
    12-18 02:12 PM
    Any one please reply ....

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  • buehler
    07-21 11:54 AM
    Hi, Please let me know your thought on my situation. I was on H1 thru Company A. I don't have pay stubs for the last 3 months of 2005 since i was on bench, but got the salary that is mentioned on LCA in pay stubs till end of Sept. When I asked my employer to pay me for the time on bench he said that he has paid the LCA salary and doesn't have to pay.
    So having said that, am I in Status or Out of Status?

    If the W-2 is for more than the LCA requirement, you don't have any thing to worry about.

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  • hlangmo
    April 10th, 2005, 08:38 AM
    Thank you. I kind of like the one with the mountains myself.


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  • letstalklc
    03-11 11:06 AM
    I have done stamping at Delhi some time last year January, me and wife attended in the same category, it was very smooth nothing much asked, even the lady who assisted us didnt ask for single document.

    We were in the line early morning eventhough our time is little bit late (no body asked us about the interview time)...

    Good luck....

    Let me know if you need more info...

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  • vik_tx
    11-27 04:24 PM
    how do you contact them? whats the ph. number?


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  • Blog Feeds
    11-01 09:10 AM
    According to a recent USCIS guidance an employer may not hire an H-1B worker prior to USCIS approving the H-1B petition unless the employee (i) is currently in H-1B status, or (ii) is the beneficiary of a timely filed H-1B ( extension of status petition. If the employee is in another nonimmigrant status, such as F-1 (student) or L-1 (intracompany transfer), the employer must wait until USCIS approves the H-1B petition before hiring the foreign worker.

    Under section 214(n) of the Immigration and Nationality Act, a worker who "was previously issued a visa or otherwise provided [H-1B] nonimmigrant status" is authorized to begin working upon the filing of an H-1B petition by his or her new employer. This provision is often referred to as H-1B portability. Congress passed the law to allow employers to hire H-1B workers without having to wait for the government to adjudicate the H-1B petitions (, a process that can often take several months.

    The issue was raised to the USCIS Verification Division after employers received nonconfirmations from the E-Verify system when they hired H-1B workers under H-1B portability and the workers were not, at the time of hire, in H-1B status, or were not the beneficiaries of H-1B extension petitions. In the exchange, the USCIS Verification Division stated that the agency does not consider those employees to be work authorized. Please contact our office for further information.

    More... (

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  • RDB
    01-20 02:16 PM
    That is true, however, from what I have heard and seen - if the GC petition is through the husband and wife stays outside for an extended period of time, generally there are no issues at the POE.

    If the person through whom the petition is filed stays outside for an extended period, they might have to answer some questions at the POE.

    She can stay as long as she wants, but it is finally up to the port of entry officer to decide to let her in or not depending on reason for staying outside (while 485 is pending) is valid or not. After all AP is supposed to be used only for emergency situations.


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  • user1205
    08-20 04:11 PM
    This was on another website. Dissapointing. Hopefully smaller measures might have more of a chance

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  • kalyan
    08-06 03:26 PM
    same with me. I was the only one to be recruited after months of efforts.

    Now they started my LC with Manager's approval. Lawyer is doing the same thing.


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  • srarao
    09-05 08:32 PM
    My middle name is given only initial on not full on 1-485 ,131 receipt but 765 has full name
    can any one advise me on how to resolve it.

    I am on H1 now and my H1 B approval also had my middle name as initial.

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  • wandmaker
    11-29 11:38 AM
    Thank for your reply
    As I interpret what you said If she comes back on H4 her H1 (i797) invalidates?

    Yes, she can not work until she files another h4-h1 (cos) - you will not be subject to cap, you can do that any time after she enters.


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  • indyanguy
    05-29 10:38 PM
    Just FYI,our
    You can also extend the H1b...if your labor is filed 365 days prior to your H1b expiraton...
    You are looking atleast 21 months into future...there are so many things that can happen...
    140 rejection may not be an issue... but in case your worst fear comes will be alright if it's rejected before feb 2008.
    Even then there are other ways around this problem...

    Cheer up...

    Thanks for the reply. Did you mean if it's rejected before feb 2009? Does this hold true if this is a labor substitution case?

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  • kdd
    08-24 08:34 PM
    Oh, so it was what skOOb said. Thanks guys! :)


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  • H1Girl
    10-13 02:59 PM

    I have had my GC for about two and a half months now. I am currently checking out SOA consultant positions with a consultancy in Saudi Arabia. I don't know the length of the contracts yet. Can I work out of USA and still apply for Citizenship after the wait of 4 years and 9 months ? Does this require me to stay a certain amount of time in USA for every year ? What are the tax implications ? Would I have to file taxes on the income that I earned out of USA ? Thank you.


    I am sure you would not have asked this question if use the term Permanent Resident instead of GC. I believe they ask you to follow the above requirements just to contribute to American Economy by providing your expertise and Tax money...

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  • visli_com
    01-15 05:46 PM
    For precaution only.

    Do you actually need Paychecks and Employment Letter when travelling with AP ? Or are you just taking them as a precaution?


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  • sri1309
    03-12 05:30 PM
    Jump-start U.S. growth through immigration

    Good article..
    While Diana and Zoe are seeing the point so much, I am not sure why we are not able to raise our lobbying efforts in getting the message across.

    Can you please do as I requested in the other forum "greencard or Citizenship" that will soon die down..

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  • ameryki
    03-17 03:01 PM
    if you have an approved H1B petition and you use AP to enter do you lose your H1 status?

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  • apt29
    09-05 09:52 AM
    I guess you can use your old I-94 to travel canada. Please see following link.

    When you travelled, they would pull the old I-94 and give new one.

    09-07 01:57 PM
    I filed my 485 application at TSC at the beginning of August, still did not get any receipt number, neither are the checks cashed.

    Any idea how long USCIS/TSC is taking these days to issue a receipt or cash the checks?


    Finally got the receipts on 3rd in about 24 days!!

    04-27 04:58 PM
    I'm off to London for my H1B stamping. I was working for an Investment Bank that folded and I took up a job with a bank that has not taken TARP funds (not a US bank)

    My I-129 was approved, however, it was approved before the new I-129 that asks whether the company accessed covered funds.

    I just wanted to know whether I need to ask counsel in my firm to update the I-129 or should I just go ahead with the stamping?

    Any other important documents I should take along? I was thinking of

    a) letter from employer stating salary, start-date, position etc
    b) letter from company stating that they did not receive TARP

    anyone else on the same boat?

    not in the same boat but in my opinion if you don't have to travel then lay local for a while given the restrictions being put in place with h-1 visas for financial institutions as a whole.

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