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Search: Posts Made By: raysaikat
Forum: Visa Bulletin, status tracker, processing times 12-30-2014, 11:23 AM
Replies: 1
Views: 1,197
Posted By raysaikat
National Interest Waiver is for EB-2 when the...

National Interest Waiver is for EB-2 when the applicant doesn't have a job offer that meets the EB-2 requirements and wants to skip the labor certification process.

National Interest Waiver |...
Forum: Non-Immigrant Visa 08-26-2013, 09:54 AM
Replies: 2
Views: 773
Posted By raysaikat
You need to be physically outside US for 365 days.

You need to be physically outside US for 365 days.
Forum: Life after citizenship 04-10-2012, 10:04 AM
Replies: 12
Views: 6,311
Posted By raysaikat
If your baby is born on the US soil, s/he will...

If your baby is born on the US soil, s/he will automatically become a US citizen.
Forum: Immigrant Visa 04-02-2012, 11:39 PM
Replies: 4
Views: 3,335
Posted By raysaikat
i485 is your application, not your employer's.

i485 is your application, not your employer's.
Forum: Life after citizenship 03-27-2012, 11:19 AM
Replies: 12
Views: 6,311
Posted By raysaikat
I think you should send this history to US...

I think you should send this history to US consulate with the corresponding documents: (i) copy of your B1 visa, (ii) copy of the certificate of marriage to your US born wife, (iii) copy of your...
Forum: Life after citizenship 03-26-2012, 04:26 PM
Replies: 12
Views: 6,311
Posted By raysaikat
Most likely this is how the dept. of state is...

Most likely this is how the dept. of state is trying to find whether everything is in order or not. First, DOS routinely checks for the validity of previous immigration statuses (if you recall the...
Forum: Life after citizenship 03-26-2012, 11:54 AM
Replies: 12
Views: 6,311
Posted By raysaikat
Just legally living on US soil for 5 years does...

Just legally living on US soil for 5 years does not count. Most people on this forum, e.g., has been living legally (typically on H1-B or H4) on US soil for over 5 years, many close to or more than...
Forum: Life after citizenship 03-24-2012, 01:58 PM
Replies: 12
Views: 6,311
Posted By raysaikat
By the word "LIVED PERMANENTLY", US consulate...

By the word "LIVED PERMANENTLY", US consulate would usually mean "lived as a permanent resident". In other words, "lived as a green-card holder". So they are asking you to provide them proof of when...
Forum: Immigrant Visa 03-13-2012, 05:42 PM
Replies: 10
Views: 2,471
Posted By raysaikat
The only thing to be aware of is that once you...

The only thing to be aware of is that once you are married to a green card holder (more so if the person is a US citizen), it is hard to prove that you do not intend immigrate. After the marriage, if...
Forum: All other Green Card Issues 02-28-2012, 01:01 AM
Replies: 5
Views: 6,023
Posted By raysaikat
I-485 can be filed only if the PD is current. If...

I-485 can be filed only if the PD is current. If you had filed her I-485 when the PD was not current, then USCIS is correct in rejecting the application.

You should be able to submit another...
Forum: Non-Immigrant Visa 02-18-2012, 10:43 PM
Replies: 3
Views: 2,361
Posted By raysaikat
Dual-intent means that the immigration officer...

Dual-intent means that the immigration officer may not conclude that the applicant has immigration intent soleby by the fact that s/he has applied for, or is in H1-B. In other words, applying to, or...
Forum: Immigrant Visa 02-01-2012, 12:43 AM
Replies: 2
Views: 1,144
Posted By raysaikat
Are you for real? My wife is Chinese. Together we...

Are you for real? My wife is Chinese. Together we went to India last year. Other than her complaining about noise and mosquitoes, we had no issues. Janta in India is prejudiced for sure --- in most...
Forum: All other Green Card Issues 12-23-2011, 02:43 PM
Replies: 26
Views: 10,398
Posted By raysaikat
Sure, s/he can revoke whatever s/he wants. It...

Sure, s/he can revoke whatever s/he wants. It doesn't affect your GC.

On your side, just make sure you can show that you had "intent" to work for this employer when the GC was given to you, and...
Forum: Non-Immigrant Visa 11-13-2011, 02:16 PM
Replies: 5
Views: 2,706
Posted By raysaikat
They (maybe your brother) probably expressed...

They (maybe your brother) probably expressed immigration intent (such as statement like "I would like to move to US some day").
Forum: Medical exams and related issues 11-11-2011, 03:46 PM
Replies: 14
Views: 3,682
Posted By raysaikat
I do not think it matters. I had done it in...

I do not think it matters. I had done it in Boston (where my wife lived) whereas I was working in CT that time.
Forum: Non-Immigrant Visas 11-01-2011, 12:06 AM
Replies: 2
Views: 1,019
Posted By raysaikat
I have never known anyone whose spouse got a F-4...

I have never known anyone whose spouse got a F-4 VISA for the first time when the principal was on OPT, that too with only 6 months remaining. While OPT is technically F-1, the IO's expectation would...
Forum: Non-Immigrant Visa 09-27-2011, 08:21 PM
Replies: 3
Views: 1,882
Posted By raysaikat
You must have permission from USCIS for working...

You must have permission from USCIS for working for any company. H1B VISA gives you such a permission only for the company for which the H1-B VISA was approved. With an H1-B VISA approved for company...
Forum: Immigrant Visa 09-18-2011, 12:27 AM
Replies: 5
Views: 2,113
Posted By raysaikat
Ask the company to file H1-B visa for you if the...

Ask the company to file H1-B visa for you if the job requirements satisfy the threshold for H1-B.
Forum: FREE Lawyer conference calls 09-07-2011, 08:25 PM
Replies: 1
Views: 1,633
Posted By raysaikat
Sounds like you can. Here is the text of the law:...

Sounds like you can. Here is the text of the law:

"Sec. 319. [8 U.S.C. 1430]

(a) Any person whose spouse is a citizen of the United States, 1/ or any person who obtained status as a lawful...
Forum: Immigrant Visa 08-31-2011, 07:19 PM
Replies: 2
Views: 3,450
Posted By raysaikat
No. That's why it is called the "validity...

No. That's why it is called the "validity period". You need to obtain another prevailing wage determination.
Forum: Non-Immigrant Visa 08-29-2011, 05:01 PM
Replies: 2
Views: 1,752
Posted By raysaikat
Check your offer letter. If the position was...

Check your offer letter. If the position was marked as "exempt", then the employer need not give you overtime. Typically positions that have flexible hours --- e.g., software development --- are...
Forum: Non-Immigrant Visas 08-27-2011, 07:31 PM
Replies: 8
Views: 2,363
Posted By raysaikat
Be prepared for staying in Germany for 3-4...

Be prepared for staying in Germany for 3-4 months. It is quite likely that they will need additional information/approval from US or your home consulate before they can issue you the VISA stamp. I...
Forum: Out of status, employment gap and status revalidation 08-19-2011, 01:16 AM
Replies: 4
Views: 1,530
Posted By raysaikat
It does not matter when labor or I-140 of your...

It does not matter when labor or I-140 of your parent was filed.

See Child Status Protection Act.
USCIS - Child Status Protection Act...
Forum: Out of status, employment gap and status revalidation 08-18-2011, 07:36 PM
Replies: 4
Views: 1,530
Posted By raysaikat
AFAIR, you need to be under 21 and unmarried at...

AFAIR, you need to be under 21 and unmarried at the time you submit your i485 petition to be able claim a derivative applicant.
Forum: Non-Immigrant Visas 08-07-2011, 01:05 AM
Replies: 3
Views: 6,432
Posted By raysaikat
VISA is different from status.

VISA is different from status.
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