desi3933
02-14 08:29 AM
Hello all,
Is there a law that grant green card for a person who's been in the States legally for more than 10 years?
Thanks
No, not that for 10 years.
Howeve, the I-485 can be filed based on residency, if the applicant has been US resident since before Jan 1st, 1972.
The applicant need to
1. secure a signed SSA-795 from the individual indicating the beginning and ending dates of all periods of residence in the U.S. The statement does not have to include the complete street address. The town and/or State is sufficient.
2. a statement which shows no absence of longer than 6 months is sufficient to determine continuous residence in the U.S. since before January 1, 1972.
__________________
Not a legal advice.
Is there a law that grant green card for a person who's been in the States legally for more than 10 years?
Thanks
No, not that for 10 years.
Howeve, the I-485 can be filed based on residency, if the applicant has been US resident since before Jan 1st, 1972.
The applicant need to
1. secure a signed SSA-795 from the individual indicating the beginning and ending dates of all periods of residence in the U.S. The statement does not have to include the complete street address. The town and/or State is sufficient.
2. a statement which shows no absence of longer than 6 months is sufficient to determine continuous residence in the U.S. since before January 1, 1972.
__________________
Not a legal advice.
pune_guy
06-05 07:43 PM
Hi,
Both, me and my wife, have EAD and AP. I am still working on H1 and she is not using her EAD (other than to obtain SSN).
We do not see her working for another year or so. I may switch jobs using AC21 and may do so using H1B transfer or EAD.
So here's my question:
1. Can I skip renewing her EAD and renew just mine?
2. Can we renew her EAD as and when we feel the need, which may be later than the expiry date of her current EAD?
I'd appreciate your thoughts on this matter.
Thanks
Both, me and my wife, have EAD and AP. I am still working on H1 and she is not using her EAD (other than to obtain SSN).
We do not see her working for another year or so. I may switch jobs using AC21 and may do so using H1B transfer or EAD.
So here's my question:
1. Can I skip renewing her EAD and renew just mine?
2. Can we renew her EAD as and when we feel the need, which may be later than the expiry date of her current EAD?
I'd appreciate your thoughts on this matter.
Thanks
.jpg "quotes about quitting drugs")
InTheMoment
03-23 04:22 PM
I personally don't think that would be a problem. Just send whatever you have.
americandesi
11-01 12:32 PM
I just received my H1B starting Oct 1st. My desi (cheap) employer first decided to not pay me till Oct 15th because I didn't have a SSN. Then after my SSN came they decided that they wanted to reduce my salary, the reason being that the company's economic situation has changed since Jan filing.
I am concerned because I am going for my visa stamping in March and the last thing I want is to be out of status! When I mentioned this to my boss his answer was -- We will give you a letter stating that you are working reduced number of hours, and we cannot afford the salary promised on I-129.
Can somebody help? What are my options? I was on H4 and moved to H1. I am really frustrated with their attitude and in this economy it is really hard to find a job.
Any help would be great.
A letter alone is not sufficient. You employer has to amend his H1 petition with reduced hours and get the LCA and I-129 approved with DOL and USCIS respectively.
Any violation of H1 rules should be complained with DOL.
Even if the H1 employer terminates you, the termination doesn't take effect unless he cancels your H1 petition with USCIS in which case he has to provide you a return flight ticket.
Here's my suggestion. Educate your employer that he has to pay you the salary mentioned in LCA till the time you're employed with them.
If your employer doesn't oblige then
1) Get your H1 transferred to another employer and file a complaint with DOL to recover all the back wages.
2) In the worst case, go back to H4 and file a complaint with DOL to recover all the back wages.
Knowledge is power. Make sure that you're aware of all the H1 rules so that no H1 employer takes your for a ride.
I am concerned because I am going for my visa stamping in March and the last thing I want is to be out of status! When I mentioned this to my boss his answer was -- We will give you a letter stating that you are working reduced number of hours, and we cannot afford the salary promised on I-129.
Can somebody help? What are my options? I was on H4 and moved to H1. I am really frustrated with their attitude and in this economy it is really hard to find a job.
Any help would be great.
A letter alone is not sufficient. You employer has to amend his H1 petition with reduced hours and get the LCA and I-129 approved with DOL and USCIS respectively.
Any violation of H1 rules should be complained with DOL.
Even if the H1 employer terminates you, the termination doesn't take effect unless he cancels your H1 petition with USCIS in which case he has to provide you a return flight ticket.
Here's my suggestion. Educate your employer that he has to pay you the salary mentioned in LCA till the time you're employed with them.
If your employer doesn't oblige then
1) Get your H1 transferred to another employer and file a complaint with DOL to recover all the back wages.
2) In the worst case, go back to H4 and file a complaint with DOL to recover all the back wages.
Knowledge is power. Make sure that you're aware of all the H1 rules so that no H1 employer takes your for a ride.
more...
capriol
05-14 04:18 PM
Dear Folks:
A few questions on my Advanced Parole filing (with an 485 pending):
(1) What is the best explanation for Part 7 of the form I-131 which says, "On a seperate sheet of paper, please explain how you qualify for an advance parole document, and what circumstances warrant issuance of an advance parole."
(2) Approximately how long does the AP approval take, and for how long is the permit valid?
Thanks.
A few questions on my Advanced Parole filing (with an 485 pending):
(1) What is the best explanation for Part 7 of the form I-131 which says, "On a seperate sheet of paper, please explain how you qualify for an advance parole document, and what circumstances warrant issuance of an advance parole."
(2) Approximately how long does the AP approval take, and for how long is the permit valid?
Thanks.
karthikgk
10-19 02:11 PM
Thanks. I did contact USCIS and they have accepted my request to expidite the cast. It is to be seen if it will actually happen.
My other question is, if my renewal does not come through in-time, since the renewal application is in system, can I continue working after the expiry of my current EAD? Or do I have to quit the job and/or leave the country?
Best,
My other question is, if my renewal does not come through in-time, since the renewal application is in system, can I continue working after the expiry of my current EAD? Or do I have to quit the job and/or leave the country?
Best,
more...
garybanz
12-18 12:34 PM
Looks like the EB2 dates for india have retrogressed by two years. I am applying for green card and would like to know if I shouls go with EB2 or EB3.
Thanks for your help...
In the long run EB2 will be better than EB3
Thanks for your help...
In the long run EB2 will be better than EB3
go_guy123
03-01 04:23 PM
Friends,
I have Canada PR since October 2006. In October this year I will complete 3 years since landing in Canada. The rule to maintain PR is that one should live in Canada for at least 2 years in a 5 year period. Since I have not lived in Canada more that a couple of weeks since landing, will I be allowed to move to Canada after completing 3 years outside Canada or will I be sent back from the border? Has anyone moved to Canada after living outside for more than 3 years since landing? Please advise.
Thanks.
At the end of expiry of the PR card that you get, you will need to renew it. At that time you need to show that you stayed for 2 years in Canada and when you cant show you lose the
PR and cannot renew the PR card.
I have Canada PR since October 2006. In October this year I will complete 3 years since landing in Canada. The rule to maintain PR is that one should live in Canada for at least 2 years in a 5 year period. Since I have not lived in Canada more that a couple of weeks since landing, will I be allowed to move to Canada after completing 3 years outside Canada or will I be sent back from the border? Has anyone moved to Canada after living outside for more than 3 years since landing? Please advise.
Thanks.
At the end of expiry of the PR card that you get, you will need to renew it. At that time you need to show that you stayed for 2 years in Canada and when you cant show you lose the
PR and cannot renew the PR card.
more...
Redeye
01-08 04:14 PM
However I got two sets of EAD and first set AP with second AP approved (latest from this morning). I am also travelling to India, technically I am in the US for both AP approvals. Done both finger printings. Not sure if this will cause a problem down the line.
My attorney said we should wait until we hear back from CIS asking to withdraw one of the application.
My attorney said we should wait until we hear back from CIS asking to withdraw one of the application.
Guest007
10-06 05:36 PM
I came in through SFO on sunday with similar situation, faced no problems. One difference is I have H1 reciept. I filed for extension 40days back
more...
nogc_noproblem
02-14 02:58 PM
Thanks Lazycis.
From my experience, if you file EAD/AP by yourself, all communications regarding EAD/AP will go to you. No need to file G-28. If you want all I-485 communication rerouted to you, you need to file G-28 and put yourself as a representative.
I could not find age restriction for EAD, you may try to file. However there are legal restrictions on child labor in US so I really doubt they will issue EAD for a minor (under 14 years). My friend cound not get EAD for 12 year old.
Any others suggestions from other members...
From my experience, if you file EAD/AP by yourself, all communications regarding EAD/AP will go to you. No need to file G-28. If you want all I-485 communication rerouted to you, you need to file G-28 and put yourself as a representative.
I could not find age restriction for EAD, you may try to file. However there are legal restrictions on child labor in US so I really doubt they will issue EAD for a minor (under 14 years). My friend cound not get EAD for 12 year old.
Any others suggestions from other members...
Lasantha
09-07 12:25 PM
I still think like_watching_paint_dry 's post is just hilarious! :D
more...
slammer
05-14 12:28 PM
We are also stuck in CP. We live in Canada since a couple of years (we're not Canadians) and are just waiting until we can finally move to the US. We are so frustrated that we decided to apply for an H-1B this year together with our GC-sponsor/employer.
Yes, it's true that CP usually is the faster route - when you compare the processing time between AOS and CP. But I think CP has the great disadvantage that you cannot apply for EAD. I'm no fan of CP but there's nothing else you can do if you live outside the US when you apply for the GC.
Yes, it's true that CP usually is the faster route - when you compare the processing time between AOS and CP. But I think CP has the great disadvantage that you cannot apply for EAD. I'm no fan of CP but there's nothing else you can do if you live outside the US when you apply for the GC.
uslegals
11-26 05:05 PM
congrats man..! looks like the GC is approved.!!! At last a FREE BIRD ~! Enjoy!
more...
ronhira
10-08 05:52 PM
tarikh pe tarikh.... tarikh pe tarikh.... kaab taak?????
JwbLZYSCCiw
JwbLZYSCCiw
nlalchandani
01-11 11:55 AM
My wife has her name changed in the local county (Judge's order and a name change certificate)
She may start a job on EAD (has maiden name)..
Any clues on the process to make similar change in EAD, AP +passport (We would travel soon too), Pending 485 (so that her GC approval comes with the new name)
Has someone changed names for EAD, AP, 485..
She may start a job on EAD (has maiden name)..
Any clues on the process to make similar change in EAD, AP +passport (We would travel soon too), Pending 485 (so that her GC approval comes with the new name)
Has someone changed names for EAD, AP, 485..
more...
nmdial
02-21 02:52 PM
I'll be applying for my wife's and my visa stamping and therefore did some research on this issue myself. I believe that we'll need to print out DS-160 as well and take it to the consulate, the same way we did with previous forms. We can, therefore, write our names (or whoever is the applicant) in our native language on it.
Macaca
02-08 09:28 AM
Can L1A/B apply for GC? Any differences in GC process for L1A/B? Thanks.
trueguy
08-28 04:07 PM
Good fight guys, keep it going. We need reasons to laugh in this GC mess.
americandesi
10-13 11:03 AM
Here's the extract from the Transcript of Oral Testimony by Bill Gates to the senate
http://www.microsoft.com/Presspass/exec/billg/speeches/2007/03-07Senate.mspx
SEN. GREGG: We also have something called a lottery system, which allows 50,000 people in the country, simply because they win a lottery, and they could be a truck driver from the Ukraine. And last year I offered an amendment, which would have taken that system and required 60 percent of those to be people with advanced degrees in order to participate in the lottery, so you'd have to be a physicist from the Ukraine before you could win the lottery. Do you think that would be a better approach maybe?
BILL GATES: Well, I don't � I'm not an expert on the various categories that exist, and I don't actually know that lottery system. I know the engineers at Microsoft, nobody comes up to me and says, "Hey, I won this lottery."
http://www.microsoft.com/Presspass/exec/billg/speeches/2007/03-07Senate.mspx
SEN. GREGG: We also have something called a lottery system, which allows 50,000 people in the country, simply because they win a lottery, and they could be a truck driver from the Ukraine. And last year I offered an amendment, which would have taken that system and required 60 percent of those to be people with advanced degrees in order to participate in the lottery, so you'd have to be a physicist from the Ukraine before you could win the lottery. Do you think that would be a better approach maybe?
BILL GATES: Well, I don't � I'm not an expert on the various categories that exist, and I don't actually know that lottery system. I know the engineers at Microsoft, nobody comes up to me and says, "Hey, I won this lottery."
eadguru
12-01 07:29 PM
No FP yet
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