kmdhar
09-19 11:08 AM
You can enter back into USA as long as your visa is valid in your passport(even on the day of expiry) and also you already got the extension, so that should not be a problem for you. But you cannot enter in to US just with your extension approval.
To get stamped in India, you will be able to get Emergency Appt but you have to prove your emergency situation.
To get stamped in India, you will be able to get Emergency Appt but you have to prove your emergency situation.
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skpanda
05-17 07:03 PM
This is a tricky situation. I would suggest you consult your attorney.
Since one of your parent's is Indian citizen having a Birth place Nepal and Obtaining an Indian Passport is a valid situation. There are many people who are born outside India for various reasons. Their Indian citizen parent(s) can get Indian citizenship for them.
In my opinion, you should change the place of birth in your passport as Nepal (provided you have proof). This way, it not confuse USCIS. Remember no matter which Citizenship you have, your place of birth is what determines the Chargebility.
Once you are able to change the place of birth on your passport and show Birth Certificate from Nepal you are good to go!!
Please update here about any new developments in your case!!
All the very best!
Thanks Nathan for quick response.
But what do i need to do? Do i have to change my place of birth in my indian passport? Can i have "Nepal" as place of birth in my indian passport? Do i still remain indian citizen or would it be considered a fraud? I think, my parents put india as birth place, so i dont face any difficulty in india. what does Indian constitution say about citizenzip?
Are there more people like me here? who were born outside of india, but are Indian citizens?
Thank you for help
Since one of your parent's is Indian citizen having a Birth place Nepal and Obtaining an Indian Passport is a valid situation. There are many people who are born outside India for various reasons. Their Indian citizen parent(s) can get Indian citizenship for them.
In my opinion, you should change the place of birth in your passport as Nepal (provided you have proof). This way, it not confuse USCIS. Remember no matter which Citizenship you have, your place of birth is what determines the Chargebility.
Once you are able to change the place of birth on your passport and show Birth Certificate from Nepal you are good to go!!
Please update here about any new developments in your case!!
All the very best!
Thanks Nathan for quick response.
But what do i need to do? Do i have to change my place of birth in my indian passport? Can i have "Nepal" as place of birth in my indian passport? Do i still remain indian citizen or would it be considered a fraud? I think, my parents put india as birth place, so i dont face any difficulty in india. what does Indian constitution say about citizenzip?
Are there more people like me here? who were born outside of india, but are Indian citizens?
Thank you for help
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GCWhru
03-26 02:10 PM
Do you have any source on this....I also had to amend my H1B last month. Its done without any issues..
My lawyer informed this. They instructed me not to travel while extension is pending. In case you have to travel, they suggest to do the extension after return back. I don't have any source for this information.
But it makes sense isn't it. Your extension is the extension of your last I94, however if you travelled after application, your extension have different i94 number and your recent i94 has different number. Just my opinion.
My lawyer informed this. They instructed me not to travel while extension is pending. In case you have to travel, they suggest to do the extension after return back. I don't have any source for this information.
But it makes sense isn't it. Your extension is the extension of your last I94, however if you travelled after application, your extension have different i94 number and your recent i94 has different number. Just my opinion.
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ambals03
04-29 04:11 PM
America is bleeding competitiveness | VentureBeat (http://venturebeat.com/2011/04/28/brain-drain-or-brain-circulation-america-is-bleeding-competitiveness/)
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crzyBanker
08-24 06:03 PM
Applied i140 and 485 on July 2nd and yesterday my i140 got approved. So I guess no need for premium processing now as the process is moving faster.
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blogger
06-24 11:25 AM
I agree with you.
We are apply independently since both of us are in H1B status
I presume that this marriage in foreign country may not be valid because the marriage was neither registered in India nor done according to Foreign Marriage Act, 1969, since both of us are citizen of India at this present time.
However; we are working out with our parents to get married and register in India, but unsure when this will happen.
You�re Thoughts please?
It is better to contact a attorney or other relavent family/marraiage law counsulars. It is very important. USCIS treats if vigorosly this issue, as marriage realted fraud is very high in immigration benefits, particularly in FB catagory.
We are apply independently since both of us are in H1B status
I presume that this marriage in foreign country may not be valid because the marriage was neither registered in India nor done according to Foreign Marriage Act, 1969, since both of us are citizen of India at this present time.
However; we are working out with our parents to get married and register in India, but unsure when this will happen.
You�re Thoughts please?
It is better to contact a attorney or other relavent family/marraiage law counsulars. It is very important. USCIS treats if vigorosly this issue, as marriage realted fraud is very high in immigration benefits, particularly in FB catagory.
more...
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SertTurk
07-19 12:11 PM
WOW I am calling him right now...What is EAD???
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kumarr
06-14 09:40 PM
Thank you all for your helpful replies.
Hopefully its just an easy one like mentioned above.
Hopefully its just an easy one like mentioned above.
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raj1998
05-16 02:55 PM
USCIS - NEWS (http://www.uscis.gov/vgn-ext-templating/v/index.jsp?vgnextoid=68439c7755cb9010VgnVCM10000045 f3d6a1RCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
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styrum
02-13 11:14 PM
No, MS+0 is still Job zone IV (SVP level 7: Over 2 years up to and including 4 years of "Specific Vocational Preparation")). There is plenty of software developer position codes in zone IV: 15-1031.00 - Computer Software Engineers, Applications, 15-1032.00 - Computer Software Engineers, Systems Software,
15-1021.00 - Computer Programmers. However, if you (your employer) can claim in the position description (and on the prevailing wage request) that you manage other people, then you can chose, say, 11-3021.00 - Computer and Information Systems Managers, and that is job zone V, so you can require both MS and some experience when advertising it.
15-1021.00 - Computer Programmers. However, if you (your employer) can claim in the position description (and on the prevailing wage request) that you manage other people, then you can chose, say, 11-3021.00 - Computer and Information Systems Managers, and that is job zone V, so you can require both MS and some experience when advertising it.
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gcformeornot
06-30 08:36 AM
You are a line jumper. Get out of here..:mad:
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iad2ead
07-19 07:12 AM
Me too in same situation.. thx for sharing the exp.. Do you think the list of mandatory documents are sufficient ? I'm carrying last yrs tax returns, 5 months pay stubs, last 3yrs W-2 in addition to the mandatory documents. Anything else?
thanks
Iad
:mad:
Just wanted to share our 7th year H-1B extension stamping in Chennai on July 15th. Since my I-140 was approved, the I-797 petition was approved for 3 years. My family (wife and daughter) attended the interview along with me. The procedure for H-1B extension/renewal is much easier in Chennai compared to first time stampers. There is a separate counter for renewals and the interview procedure is quite simple. After the initial screening of documents, we went to a separate renewal counter which did not have any queue.
The VO just asked some questions about my nature of the job and how long I have been with my company. FYI, my company is a major reputed IT Foreign MNC. My family was not asked any questions. We did not have any PIMS delays and I got the passport couriered the very next day itself. The petition was approved a month before the stamping. Overall it is a much streamlined process for H-1B visa extensions/renewals.
Thanks MP70
thanks
Iad
:mad:
Just wanted to share our 7th year H-1B extension stamping in Chennai on July 15th. Since my I-140 was approved, the I-797 petition was approved for 3 years. My family (wife and daughter) attended the interview along with me. The procedure for H-1B extension/renewal is much easier in Chennai compared to first time stampers. There is a separate counter for renewals and the interview procedure is quite simple. After the initial screening of documents, we went to a separate renewal counter which did not have any queue.
The VO just asked some questions about my nature of the job and how long I have been with my company. FYI, my company is a major reputed IT Foreign MNC. My family was not asked any questions. We did not have any PIMS delays and I got the passport couriered the very next day itself. The petition was approved a month before the stamping. Overall it is a much streamlined process for H-1B visa extensions/renewals.
Thanks MP70
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kondur_007
09-22 05:13 PM
hi,
Thank you all for your reply.
I have no intension of leaving the company, the mgmt is asking me to take the pay cut at this time and they will pay me back after 1 year. so i don't see any issues like they are not willing to pay or anything. I was just trying to get an idea whether this might effect on the green card or not? like, you should get the salary mentioned on file atleast for next 6 month.
Thank you again for all replies.
You will be just fine. Neither you nor your company will have any problem.
Take it easy and relax.
Good Luck.
Thank you all for your reply.
I have no intension of leaving the company, the mgmt is asking me to take the pay cut at this time and they will pay me back after 1 year. so i don't see any issues like they are not willing to pay or anything. I was just trying to get an idea whether this might effect on the green card or not? like, you should get the salary mentioned on file atleast for next 6 month.
Thank you again for all replies.
You will be just fine. Neither you nor your company will have any problem.
Take it easy and relax.
Good Luck.
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jasmin45
07-16 08:58 PM
Interesting to know this.. but it could be just the person whom you talked to.. did not mean to play down your enthu.. its just my thought as USCIS/NSC cannot afford to have another round of communication issues over the mess that they have presented us with "effective" communication between DOS/USCIS on June 13th and July 2nd.
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airbusfan
06-01 12:10 PM
I also have access issue, but just since yesterday. Again like Rahul, I'm by no means desperate to have access to the forums, but would be nice. Please let us know if there is an issue that we can help out with in this regards!
I still no access to the donor forums for me. I've already sent 3 emails per the thread above. Is it really such a big deal to grant access to donor forum??
I still no access to the donor forums for me. I've already sent 3 emails per the thread above. Is it really such a big deal to grant access to donor forum??
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coolgc
05-08 08:48 PM
Hello anu_t,
I know that you are not jealous. But just for your information, I have a Ph.d degree. Just because my office attorney filed our GC under EB-2, I thought that should be fine. But now I changed my mind (after waiting for couple of years) and planning to file EB1. You have to do Ph.d plus some years of experience to file in EB-1 category.
Hope that helps,
I know that you are not jealous. But just for your information, I have a Ph.d degree. Just because my office attorney filed our GC under EB-2, I thought that should be fine. But now I changed my mind (after waiting for couple of years) and planning to file EB1. You have to do Ph.d plus some years of experience to file in EB-1 category.
Hope that helps,
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rajarao
12-17 12:12 PM
I traveled- chicago-frankfurt-bangalore- H1B extended but visa stamp expired. No one asked anything while going.
While coming back they checked my AP at bangalore only (Check-in, indian immigration and boarding). no one asked for it in Frankfurt.
on I-94 that they give in flight, leave the visa issuance date blank (air line crew did not understand what AP is?).
While coming back they checked my AP at bangalore only (Check-in, indian immigration and boarding). no one asked for it in Frankfurt.
on I-94 that they give in flight, leave the visa issuance date blank (air line crew did not understand what AP is?).
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gc_chahiye
08-15 12:09 AM
Hi Gurus
I have applied I-485 for me and my spouse. I did not apply for EAD as my H1B is valid until Nov 2009 and visa is stamped untill June 2008. My wife is also on H1B, stamping valid until April 2009. I heard that if I apply for EAD the immigration officer at port of entry might ask advance parol where as if I continue to use my H1B I can travel anytime without any problem
here is the question - should I apply EAD & Advance parol before 17th to take advantage of old fees structure? or wait for the I -485 receipt or DO not apply untill my H1B is valid?
thanks in advance
Just because you applied for EAD does not mean that you need to enter on AP. You can still come back on your H1 stamp.
its your personal decision based on your own goals/needs. If you intend to take up multiple jobs or your spouse wishes to work in a non-H1B type position, or stop working and then start working again without worrying about change of status (H1->H4->H1) then applying for EAD+AP would be helpful.
If you want to maintain a backup, you can still apply (an approved EAD does not change your status, you need to actively use it). Applying after you get the receipt might be better (since USCIS can easily tie your case together).
I have applied I-485 for me and my spouse. I did not apply for EAD as my H1B is valid until Nov 2009 and visa is stamped untill June 2008. My wife is also on H1B, stamping valid until April 2009. I heard that if I apply for EAD the immigration officer at port of entry might ask advance parol where as if I continue to use my H1B I can travel anytime without any problem
here is the question - should I apply EAD & Advance parol before 17th to take advantage of old fees structure? or wait for the I -485 receipt or DO not apply untill my H1B is valid?
thanks in advance
Just because you applied for EAD does not mean that you need to enter on AP. You can still come back on your H1 stamp.
its your personal decision based on your own goals/needs. If you intend to take up multiple jobs or your spouse wishes to work in a non-H1B type position, or stop working and then start working again without worrying about change of status (H1->H4->H1) then applying for EAD+AP would be helpful.
If you want to maintain a backup, you can still apply (an approved EAD does not change your status, you need to actively use it). Applying after you get the receipt might be better (since USCIS can easily tie your case together).
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amsgc
03-11 09:33 PM
I have an NRE account and I get a 1099-INT every year from my bank for that account. It clearly states that the interest has been reported to the IRS and therefore must be shown on the 1040.
We were talking about taxes at work and someone mentioned that all bank accounts in home country should be reported to IRS. I opened a bank account(NRE) in India before I came to US and get minimal interest income from it. Should I be declaring the income to IRS? The income is so low that I don't have to declare it in India so I didn't bother. I do not have a green card (am on H1B). Can you confirm if I am supposed to provide this info in tax returns. I did do some research on this and from news articles it seems like what my colleague mentioned is true. How do I go about providing all the info now? Is this going to impact my GC process?
We were talking about taxes at work and someone mentioned that all bank accounts in home country should be reported to IRS. I opened a bank account(NRE) in India before I came to US and get minimal interest income from it. Should I be declaring the income to IRS? The income is so low that I don't have to declare it in India so I didn't bother. I do not have a green card (am on H1B). Can you confirm if I am supposed to provide this info in tax returns. I did do some research on this and from news articles it seems like what my colleague mentioned is true. How do I go about providing all the info now? Is this going to impact my GC process?
anjans
07-09 07:01 PM
Yes, and if the present company knows you are leaving, less the chances of them providing you a copy of I-140 :(. Is there a way to get a screenshot if you know your reciept number?
gcfriend65
12-06 10:44 AM
Can you imagine this. USCIS had been given strict guidelines from DHS to complete every case in 6 monts depending on the form type.
How about filing our taxes on April 16, but not on April 15?
How about filing our taxes on April 16, but not on April 15?
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