shirish
09-11 11:17 AM
Any one who did not send the medicals with the I-485 application, got RFE yet?
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sbmallik
05-29 10:15 AM
Actually, if you work for a Canadian company the time spent outside Canada will count as if you were in Canada. So, you will still be able to meet the 2/5 requirement. But you need to check what are the conditions, I know that you can't just create your own company and stay there for example. Check the requirements.
On the US side, what visa will you be working on ? H1B ? If you like to stay in US, why not gained Canadian citizenship and work on TN, which is 3 years now (maybe more in the future) and very easy ?
Wrong, time spent outside Canada while working for a Canadian company does not automatically counts for PR maintenance (2/5 years). That's for some exception situation like serving in the military etc.
On the US side, what visa will you be working on ? H1B ? If you like to stay in US, why not gained Canadian citizenship and work on TN, which is 3 years now (maybe more in the future) and very easy ?
Wrong, time spent outside Canada while working for a Canadian company does not automatically counts for PR maintenance (2/5 years). That's for some exception situation like serving in the military etc.
senk1s
10-26 06:20 PM
waiting ...
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aranya
01-15 11:32 AM
Granted the employer may not deduct the attorney fees post filing, does that also necessarily mean the employee should not be required to pay up front?
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prioritydate
07-14 10:46 AM
To elaborate on that, S.Korea happens to be on the forefront of technological innovations. Highest per capita broadband use, highest per capita cellphone use...land of samsung and Hyundai
not to mention great food...korean bbq anyone
Why there is no retrogression for this country? Sounds like something fishy going on...
Only in America. Injustice!!
not to mention great food...korean bbq anyone
Why there is no retrogression for this country? Sounds like something fishy going on...
Only in America. Injustice!!
manderson
10-29 02:03 PM
stylepoet, while I don't speak for the core-group, I think I represent the majority when I say this: Realistically speaking, if you plan to stay in the US for a very long term and want to do so without any visa hassles (or kids aging out issues that you mentioned), then getting a Green Card (GC) is the best way to go, instead of jumping around non-immigrant visas. And if u r financially capable of being an E2 why not just file for a EB5 GC (which is way faster than EB2 and EB3 these days -- please check out this site for more info)? Sure, there is a difference in the minimum investment reqs. E2 = 200K+ and EB5 = 500k. But if you have lived here for a couple of years (assuming this from the implication that your kids recently turned 21 or are going to turn 21) surely you can makeup the 300k difference. No?
Please feel free to educate if I am out of line here.
Please feel free to educate if I am out of line here.
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orangutan
10-04 04:05 PM
I am infront of your mobile home, come out.:D:D
wow.. u are making it personal... are u sure you wanna take it there?
I think i am not the first one to receive approval on a saturday... countless people have gotten that in the past. Come out of your mobile home and do some research before you make a statement like that.
wow.. u are making it personal... are u sure you wanna take it there?
I think i am not the first one to receive approval on a saturday... countless people have gotten that in the past. Come out of your mobile home and do some research before you make a statement like that.
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dilbert_cal
10-31 06:59 PM
To answer your questions (assuming you filed I-1485 with A - since you mention using EAD).
1. Is employer A going to withdraw the approved I-140? If yes, then you will run into some issues with the way things are going now. But you should be able to fight back (MTR etc) in the worst case. If A is not withdrawing I-140, then less problem.
Once 140 is revoked and 485 is denied as well, you will not be able to work anymore. You are planning to use EAD - your EAD is invalid the day your 485 is denied. By filing MTR, you may be able to get it back on track but until then you cannot work. Its upto you to decide whether you want to take this risk or not.
2. Is Company B, that promises to employ you after GC, can they give any written statement? Here in US it is _at-will_ employment. So, you might have tough time proving it.
Even with a written statement, there is no guarantee they will hire you when you have your GC - and anyways this doesnt real mean anything w.r.t. his GC process.
3. Another problem is, before they adjudicate your I-485, they might issue an RFE to check if you're still employed in same or similar position. And employment with Company C will not satisfy this requirement.
Perfectly said. If you are using ac-21 , your new job has to be same/similar to the job filed for GC. Job with C is not same/similar. If you have a RFE ( high chances when you file AC21 based on anecdotal evidence ) , you will be in trouble.
Now, I am not sure if any documents from company B will establish the fact that you will be working in same/similar occupation. You should better consult with an Immigration Attorney and better yet retain them for future.
Overall, not knowing what is the reason you want the change, etc. it is difficult to advise you one way or the other - but its pretty clear that the risks can be pretty high in this particular case.
1. Is employer A going to withdraw the approved I-140? If yes, then you will run into some issues with the way things are going now. But you should be able to fight back (MTR etc) in the worst case. If A is not withdrawing I-140, then less problem.
Once 140 is revoked and 485 is denied as well, you will not be able to work anymore. You are planning to use EAD - your EAD is invalid the day your 485 is denied. By filing MTR, you may be able to get it back on track but until then you cannot work. Its upto you to decide whether you want to take this risk or not.
2. Is Company B, that promises to employ you after GC, can they give any written statement? Here in US it is _at-will_ employment. So, you might have tough time proving it.
Even with a written statement, there is no guarantee they will hire you when you have your GC - and anyways this doesnt real mean anything w.r.t. his GC process.
3. Another problem is, before they adjudicate your I-485, they might issue an RFE to check if you're still employed in same or similar position. And employment with Company C will not satisfy this requirement.
Perfectly said. If you are using ac-21 , your new job has to be same/similar to the job filed for GC. Job with C is not same/similar. If you have a RFE ( high chances when you file AC21 based on anecdotal evidence ) , you will be in trouble.
Now, I am not sure if any documents from company B will establish the fact that you will be working in same/similar occupation. You should better consult with an Immigration Attorney and better yet retain them for future.
Overall, not knowing what is the reason you want the change, etc. it is difficult to advise you one way or the other - but its pretty clear that the risks can be pretty high in this particular case.
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hpandey
02-10 08:23 PM
The bigger problem is that your parents visa has already been rejected twice and that would be in their database. And that was when your parents were working. Now they are also retired which also adds another complication since the visa officers look to see if the people who a asking for a visitors visa have anything left in India to come back to ( like real estate , good bank balances , jobs , family etc )
I don't think it matters much if you are sponsering them or they are paying for it themselves.. its the twice visa denial in past that might be the key.
I don't think it matters much if you are sponsering them or they are paying for it themselves.. its the twice visa denial in past that might be the key.
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baburob2
05-25 05:59 PM
genearlly you could have it renewed 1 year before.
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niklshah
11-11 11:26 AM
i came back from India last week and officer did not ask me for any documents. I had copies of 485, 140 and labour ceritification and my few pay receipts but he did not ask me for anything, just parole document and it was stamped and i was out in 5 minutes he did not take to me to any room to ask any questions.
hope this helps
good luck
hope this helps
good luck
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rajnag21
07-17 06:57 PM
Thanks again to everyone. I will ask him to join IV. :) He like me has been in the country for over 10 years. The combined stress (finding a partner plus this gc dragging thing) has made him catatonic to some extent.
He is just doing his job and looks beyond caring about anything anymore.But I worry for him so thats the reason for the post.
He is just doing his job and looks beyond caring about anything anymore.But I worry for him so thats the reason for the post.
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Anders �stberg
January 18th, 2005, 01:10 AM
Bob, no problem, your post is most welcome and quite on topic AFAIAC! Please everyone add comments, questions, follow-ups,... the more discussion the merrier! :)