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Sunday, June 26, 2011

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  • gccovet
    06-19 09:42 AM
    Hi everyone:


    I have an unusual situation concerning my friend's mother. When he got his green card (about 10 years ago) he filed the green card application for his mother that lived (and still lives) abroad, hoping to alleviate the woes of her getting a short-term traveller's visa every time she traveled to see him.

    She received her green card about 4 years ago, but she doesn't want to live in the US for more than a month. Unfortunately it also gets more and more expensive for them to make her travel to US every year, thus pushing her into a violation of her Permanent Resident status and of the recurring Re-entry Permits (that now shrank to a single year).

    My friend now wants to suggest his mother to relinquish (i.e. give up) her permanent status but his fear is that once done she will not be able to return back to US to visit him. (He has already become a citizen and is not planning to return to his home country.)

    Does anyone here have any suggestions of what could happen if she gives up her permanent resident status?

    Cousin went through same situation recently (early 2008). Parents "surrendered" their GC's, to Mumbai consulate general office, and simultaneously applied (same day same time while in the consulate) for Visitor VISA (they were advised about the procedure by Mumbai consulate office via phone, they had called them couple of months before doing this). Visitor VISA was granted without any questions asked.

    My parents are thinking of doing the same very soon.

    GCCovet





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  • pa_arora
    06-25 01:35 PM
    Apply with current passport copy. Also attach the receipt of Renewal of Passport.
    Don't wait for July to pass.

    And for Affidavits, my attorney wants copies not the originals.

    Good Luck





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  • zCool
    05-17 07:27 PM
    you are going to have to do some type of litigation.. which court and how are questions for your lawyers.. This forum is probably not right place.. start with attorny.. make sure it's not your attornies who screwed up..
    have proof of documents for all the facts
    and then go file in one of the federal courts..





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  • 485InDreams
    02-11 07:56 PM
    i haven't recevied my FP notice yet.....



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  • coolvigo
    07-11 03:12 PM
    Just keep waiting. My PD was current for months now, but my 140 is still pending. just keep waiting.

    I think we can file for 485 even when I-140 is pending? We will get green card after 140 is approved but we can file for 485 and EAD ? Can anyone comment who has gone thru this process?





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  • ksurjan
    07-23 02:10 PM
    J Barrett



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  • salai007
    07-17 06:09 PM
    Thanks to Rep Lofgren.

    I will be sending a Thank card to her soon.





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  • 140jibjab
    01-11 11:06 AM
    When you apply for H4 for the new wife. Make sure you take the follwoing:

    1. Divorce Decree.
    2. New Marraige registration(India Marraige Registration). Take the Marraige certificate and the Copy of the Application(Application you provide at the local authority to get your new marraige registered). Also make sure you Check the Divorced in the application. US consulate wants to make sure you have given the right info to the Local authorities).
    3. Based on your H1, your new wife will get her H4 stamped.(been through it so it works like a charm).

    All the best

    Thank you so much...

    What is the H4 Process for new wife? will she be given the H4 Visa with no issues in us consulates in India???



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  • sina
    01-15 09:52 AM
    You can travel with old visa and new approval i797. I have traveled with these documents and no problem at POE. No need to get new stamping.
    You cannot travel with old visa and only receipt of H1 transfer because when you apply a petition you have to be in the country till it is approved. If you travel, some lawyers are of the opinion that the application gets invalidated.
    I was in such a situation and I used premium processing and went with the new I-797.
    Hope this helps. Also consult your lawyer if you decide to go with the receipt notice only.





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  • jungalee43
    03-16 09:55 AM
    Thank you very much for your post. I am in identical situation and planning to use AP to travel to India. Your post gives me some confidence to travel.

    I just entered US using AP, and i am not working for my GC sponsored employer. POE is SFO, I had no issues. I will update this post with all the details tomorrow (since i am very tired after travelling). But just thought I will post this thread to let know that you may not have any issues if you dont work for the GC sponsored employer and enter using AP.

    Update to my post:

    Yesterday I entered US (POE = SFO) , all 3 in the family using AP. We also have one US citizen child. Used the visitors line. First level officer stamped the US citizen passport and gave it and told all 3 of us to go to the secondary. No other questions was asked.

    Went to a seperate room for secondary. There were around 15 people. We placed our passports in the holder there. 3 officers were there calling each one and asking them some questions. I was very much worried abt the much dreaded question - "are you working for the same company that sponsored ur GC". But to our greatest surprise, the officer checked everything in his computer, took one of the given 3 APs, put a parole stamp until one year from yesterday and gave us back 2 copies each. We were not even called to the counter. The officer did this and bought all the passports back to the seats where we were waiting. and he told us we are all set and said "Welcome back".. We believe that they did not call us because, we had a child with us. Thats it..so no issues. So dont worry folks, i hope and pray everyone should be ok for those who use AP.



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  • nomad
    06-06 03:32 AM
    FYI
    My 9th year H1-b extension was applied on March 13, and I got the email today from USCIS that the approval notice has been sent. This is a CA ( WAC) case.





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  • gjoe
    01-03 04:38 PM
    I think USCIS process cases based on the I485 RD. The IO gets the file and he approves if everything is ok with the file and assigns a visa number if it is available, they generally don't care about the PD because they don't want to go back and review the same file. They are doing their best to complete work on a file in one go instead of putting it through multiple queues and re-visiting the case again and again. Bottomline they are working effeciently by using their manpower more productively instead of going back and forth on the 1 million I485 files.

    This is my take on the processing statergy used by USCIS. If everything was as mentioned in the manual they would have answered this question in an FAQ like they did for the July'07 receipting updates and FAQ's.

    I maybe wrong, but the trend suggests what I have mentioned.



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  • chanduv23
    06-18 03:13 PM
    u never went to india since 5 years, your crazy :)

    I met a US citizen of Indian origin who came to US in 1991 on a tourist visa and in those days, they managed to get green cards - dunno how. He never visited India. Got married here and still visualizes India as how it was in 80s.





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  • ItIsNotFunny
    09-22 04:31 PM
    Some loser gave me red with the following message.
    Don't keep posting same message.

    Let me tell you A**H***, when ppl like you do not call I have to post same message again & again & again....
    So do your part & call.

    Ignore them. Someone gave me red with following comment:
    "not funny but silly "

    These people don't do anything and they even can't see someone doing something. Keep Calling again and again and again and again.



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  • anilsal
    11-06 11:14 AM
    There is an issue. You have to make a trip to the local police station every six months to register your child. If you're lucky, the officials will be polite and helpful and do this without fuss. But knowing India very well, they're more likely to create a fuss till you've bribed them. Also, now they know where your child lives and the fact that he/she is a US citizen. Who knows, what kind of people they will pass on this information to...

    Conspiracy theories aside, the whole procedure reeks of the way sex offenders have to register with the police in the US - I just don't like it.

    So this Police station registration is if the child starts to live in India or when the child visits India? Where is this rule documented?

    If such rules exist, then there should be a formal complaint with the nearest Consulate General. They are reasonable people.





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  • lecter
    December 21st, 2007, 06:35 AM
    Interesting post.
    the new 5D will eat everything that currently exists I am guessing (Apart from my 1Ds3.. hehe)

    Rob



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  • dealsnet
    03-05 07:08 PM
    Talk with hospitals in your area. May be $10K for the expense, if you didn't find any insurance to cover the pre-existing condition.
    Spend it to get a US citizen child or save that money and make delivery happen in India.

    btw her location will be @ Portland, Oregon.

    Regards





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  • rsrikant
    11-02 12:34 PM
    See signature for details:
    can you let us know why u'r 140 denied? may be it can be useful for some of us how to open motion for appeal..

    thanks,
    srikanth





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  • anu_t
    08-13 06:05 PM
    joining back to EB2 company is the only option I see. But if EB2 company doesn't exist , this is a unique situation. Talk with the lawyer immidiately.





    chanduv23
    03-14 05:51 PM
    Status should not be a problem, but double check with a lawyer. I'm wondering if you can squeeze a sponsorship for a trip home. Not very long ago, I found out that if a US employer terminates a H1, they need to pay the home country relocation costs.

    You should find another job, sooner the better. But I sure would like to get such bad desi consultant companies to pay for a plane ticket.

    u r kidding - u think these blood suckers will sponser a ticket after u leave them - he heee. AFAIK, even American companies won't bother after u get layed off





    laksmi
    12-12 06:29 PM
    she can go out of country but she can not return to usa, until unless she have valid visa or AP.



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