Capture The Art Blog's

Hope things will work out good. the disaappearence of H1B memo from USCIS policy website itself is a good sign, let them announce formally also that they have withdrawn that memo.

May GOD Bless all.

USCIS Policy Memo site link below see for yourself.

USCIS - Policy Memoranda (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=7dc68f236e16e010VgnVCM1000000ecd190aRCR D&vgnextchannel=7dc68f236e16e010VgnVCM1000000ecd190a RCRD)

Finally USCIS is acting with some sense in them. They did not think through when they were complying with Sen. Grassley. Their minds were so concentrated in getting the IT industry that they did not realize the back lash will come from all H1Bs, from all sectors including doctors and nurses; and most importantly these people do not have any clue of the present day business models, so they got hammered by businesses too, plus AILA took it on its legality.

You meant, getting residency on h1b is extremely 'difficult' in recent times? Anyways, if your wife has once got a residency on H1, getting a fellowship on H1 should not be that difficult. Hospitals are much easier on physicians that are already on a H1 status...its the same as its the case with IT employers...once on a H1, its easier to move around on a H1..

Just like my wife, your wife too now has sufficent H1 years to get through both residency and fellowship, I guess, so running out of time is not a problem either.

Only thing, people like you and me need to worry about is what if the residency is pursued at a non-profit (quota exempt H1) and wife decides to pursue fellowship at a for-profit (quota H1).

In that scenerio, fellowship on a H1 might be a bit of a problem...

I suggest, if your wife has already started residency on H1, avoid thinking of getting onto a J1 ever.

You will unnecessarily complicate her immigration profile...

Well Mihir, I was not talking about getting back to J1, but just correlating his experience on j1 with a possible scenerio on h1b and wanted to know if people do fellowships on h1b. I have not come across any, but have come across J1 fellowship candidates, so I was wondering that maybe it is actually difficult to get it on h1b. Anyways, I will find out as we have already started to enquire about fellowships on h1b.

Hi Folks

As we go through the motions from one visa bulletin to another, I wanted to start a discussion regarding maitaining PR. I have been pondering about this for quiet some days and also reseached a bit and am still unable to get correct information.

Following are the guidelines for maintaining Permanent residency on the USCIS website:

Maintaining Permanent Residence
Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

You may be found to have abandoned your permanent resident status if you:



Move to another country intending to live there permanently.
Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
Fail to file income tax returns while living outside of the US for any period.
Declare yourself a �nonimmigrant� on your tax returns.


Source: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=fe17e6b0eb13d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1 RCRD

Although the USCIS website clearly states in points 2 and 3 the residency requirement, I am still not clear what the rules says. For eg: After getting my GC is there any specific number of days I need to stay in the US mandatorily ?? Is it 1 week, 3 months, 6 months ?? What if I visit the US only for a month or two and then remain out ..would that result in revoking of my GC.....???
The more I think, the more I am convinced that your GC is really precious if you want to be a US citizen.....if not then there is always a risk of loosing it ..even accidentally ?? If yes, then is it worth the trouble and hassel ??

Can anyone throw more light on what the law says....can anyone guide as to what must be done if you want to maintain ur PR but at the same time not live here continuously ??

PS: Please no educated guesses ...

Appreciate your help.

Thank you all for your answers, and we could agree that there is not a clear straightforward guideline regarding the AC21. So I have the following doubts:

1- I really am not worried about the salary part, since the OCC code that the USCIS allocated for my labor certification pays in the area that I intend to work the same salary that their statistics show so that is fine. About the salary issue I talked with a couple of lawyer already,.

2- This is what I am concerned and is about the experience part. I read online that for porting a labor (or some situation of the kind before filing I-485) that you cannot use the experience gained on the labor sponsoring company but you could use anything before that employer.

Here is the question I have regarding that frozen experience clock:
a- Before coming to US I had 5 ys expeirence
b- WIth first H-1B sponsor company I worked 3 ys in U.S. until end of 2003
c- I joined my current employer B on H-1B and worked there all 2004 and they filed for labor in Feb 2005. So my question is.. as previous experience

I know I can count the three years with employer A since no labor there, but with employer B can I count that year before they filed for labor that I was under H-1b or I cannot count any experience gain before the labor was filed with employer B at all? I think that is the key question here.

Thanks Pritam , can u give me u r email id so that i can share resume

My lawyer had said that as long as you were married before the primary applicant's I-485 was approved, the spouse can be added even after the approval.

I don't understand about going to home country and coming back? PLease explain.

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You cannot file EAD/AP without the Receipt notice. Since u will be filing it urself anyways(no layer fee involved), y dont u file it with just stating the 485File number in the covering letter, also attach the prints of the checks cashed.

I would say its worth giving a shot.

[You may also state any lame reason that u/employer/lawyer have misplaced the receipt notice in the covering letter ...try this at ur own risk]

I guess Berkeleybee was talking about me....I posted a few theories in another thread regarding PACE act.

I certainly understand the IV has done a lot and am very excited about what you have achieved. Not sure how you view it, but I think posting my view in the forum is also a form of support. It may not be as much as you wanted, but nevertheless it by no mean is saying what you did was wrong, it's just some thing I thought about and I thought it might be worth to bring up. But If this bothers you then I have no problem to shut up.

Not sure why IV chose to lock up live update threading to member only though. Growing number of members is definitely good, but I am not sure about forcing people to register to read. People participant when there is a passion in it, forcing they into it more or less drive the passion away.

Just my 2 cents.
I agree with you atlfp. I have been a member for a few weeks now but i have been reading the threads in IV for a long time. I have contributed 600$ along the way because i believe in what IV is trying to acheive. Not being a member did not stop me from contributing to IV and i signed up because i wanted to read the live updates. I don't think there is anything wrong with doing that either. I think posting suggestions/thoughts/ideas are excellent and atlfp you should not stop doing so.

To Berkeleybee, i have recently noticed that you always ask the people directly or indirectly whether they know more than you. While It may be true that you guys know more than us, because u spend hours upon hours making it your business to know, but that does not mean you would want to curb free speech. We are grateful to each and every IV core member for their extrodinary efforts, but do not admonish us because somebody wishes to express their ideas. Who knows if people propose 100 theories there might be 1 out there that even you guys have not thought about.

Personally if i were a member of the core team, i would not even bother to respond back to the threads where the so called theory holds no water. There are enough people in this forum to speculate for you :-).

Keep up the good work Core Team.. Adios

The HR is not willing to give a letter in the format I requested. I heard opinions from different forums that in situations like this, a colleague's letter would be sufficient.

Also, do I need to submit TWO letters from each company?

Does it in any way affect my Naturalization Application?

There is another thread on this. Please search. It seems there is a USCIS address in Kentucky where you need to send it.

Is it allowed to publish it without my permission? I dont mind putting it anywhere, but just curious to know.

That was a very good inquisition in your letter GCBy3000. Thanks for your effort to send it to David Obey (is he a journalist btw).

It appears that he has circulated this and it has somehow gotten into the political circle.

it is very good for us to increase visibility on this issue more on Capitol HIll.

Even though, i have everything ready, I will send my docs next week. No need to get into panic gear. If the dates retrogress, screw GC, if not well and good. Honestly, I am sick and tired of this bloody GC. I have far more things to worry about in life than if f***ing GC business. Screw you USCIS:mad: :mad:

My spouses EAD (dependent) was approved 3 weeks after mine.

So it is normal I guess.

I have a filing date of July 2nd 2007. My RD? A fantastic Oct 21 2007. That's 3 and a half months, more than a quarter year away.

I filed at NSC, my case ended up in TSC.

Nothing much makes sense, nowadays. :confused:

I got it correct yesterday .
Thanks for the advice.


For the sake of others who may search this forum in future, could you tell how you got it corrected? Thanks!

I checked with my lawyer, she did not received it yet.

i guess there are holding them back eighther to prepare for the case or to enter data into there sytem before the reject it

If they accept people who didn't listen to govt annoucement and sent their applications and reject those who sincerely listened and obeyed, well all hell will break loose.I will sue USCIS personally(not a class action suit) and even sell my house to pay the lawyer fees.:mad: wait a minute! i dont have a house....


Thats right.i dont have a house, i dont have a life coz i wa waiting for this damn green card...

my PD Oct 2003, EB3
I-140 approved like years ago(Atleast seems to me.)

I received FP notice today towards I485, not sure what for :confused:

Hi!
One of my friends H1 was denied recently for not having Masters.
Whats interesting is that she has already cleared NY state licensing exam and holds valid new york physical therapist license. NY does not require physical therapists to have masters.
Since NY already verified her qualifications before awarding her license and one would assume USCIS would take that into consideration ...apperently not!

I guess only option at this point to appeal and go back to school and get Masters!