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Member Profile: dhamal (130 posts)

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Hello, I'm dhamal (report this user)
I am from India
I last logged in on 19 Jan 2018
I have been a member since 13 May 2017
I have added 130 posts in trackitt forums
I added my last post on 19 Jan 2018
dhamal's Posts
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Posted in I-140 Forum on 19 Jan 2018
Topic: H4 stamping. Canada or India?

Hi,

I would like to add my 2 cents.

In general there is not harm in trying Canada option. Just note that if the stamping gets delayed, you have to have enough funds to stay put there till you get your passport stamped.

My wife has done it from there once many years ago, the process was good and simple, the result was positive. But this could be a totally different experience for someone else. The only other point which I would note is that the appointment wait times are quite long - one to 2 months. So you may want to get it done from India if you want to go out anyways right now to India.

Canada wont offer any special benefit except of course less rush compared to India and you dont have to go all the way to India. Thats all.

Best Luck
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Posted in I-140 Forum on 30 Dec 2017
Topic: H.R. 392, Fairness for High Skilled Immigrants Act

Yes, totally agree. The whole system literally sucked our blood, sweat, dignity, money everything for decades, dangled the carrot of that effing GC in front of us and we kept running to grab that carrot which kept on dangling in front of our eyes but never coming too close. And now after waiting for years and decades they are now asking us to "self-deport". This is absolutely disgusting, unjust, cruel and unethical of them to now come out with this insane proposal.

Something in me tells me that this indeed is going to happen. They will kill the 6+ years extensions soon as they can. And mark my words - it is foolish to count on HR392. It is absolutely nuts to believe that the administration which wants kick us out of this country for good will ever let this bill pass.

Time to move our collective behinds and start packing. To hell with this system.
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Posted in I-140 Forum on 28 Nov 2017
Topic: Raise Act


Do not be personal !

I have a quite new PD ~ 2016

and Quite high points



By looking at your English language skills which honestly are QUITE pathetic, I am QUITE sure that you will not QUITE get GC through the point based system because your score on English test will be QUITE QUITE QUITE low. So despite your PD being QUITE new and you having QUITE high points you will not QUITE get GC.

Hahahahah, na jaane kahan kahan se loga aa rahe hein. Bakwas.

Please take it personally.

Hahahahah.
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Posted in I-765 (EAD) Forum on 28 Nov 2017
Topic: Future of H4 EAD in 2018

First of all you are exactly doing the same thing for which you were criticizing others on this forum- posting on trackitt forum and murmuring, whatever that means. LoL

Secondly, IV has already intervened in this case and are one of the parties in this law suite.

Now you can go back to murmuring on this forum. LoL :-)
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Posted in I-485 Forum on 27 Nov 2017
Topic: Need to make a decision-Move to Canada or stay put (EB2, 2010)

Hi
Here are my 2 cents

1. One the PR is approved, first you have to do a landing using the documents and visa provided by the Canadian authorities. This is often called as landing using PRTD (permanent resident travel document). You have to do this before the expiry date mentioned on PRTD. Notice that you still would not have a PR card at this stage.

After you do lading, from within the Canadian boundary, you will have to apply for the PR card. I had my PR card applied by another person and got it received at his address and then he mailed it back to us in US. You would need to either follow this route or a much preferred route of applying yourself in person and waiting for a PR Card. But in that case you would need a valid address where they can mail you the cards.

Once you get a PR card, you can use it the next time when you enter Canada.

The residency requirement is 730 days from the date of landing (and not calculated backwards from the PR card expiry date) out of 5 years. As long as you meet this requirement you are good,

2. Yes, thats what we are doing, But honestly it is a risky method. If one of you can manage to work from Canada, you should land here in advance be done with this requirement.

Please use CanadVisa.com forum. It has all the relevant sections for such topics. And you will get great advice from the expert members.

Best Luck
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Posted in I-140 Forum on 20 Nov 2017
Topic: Will HR 170 affect you?

Thank God, I am a founder and CEO of a stealth flying car startup although strangely I am still on h1B visa. But hey, I make 2 million in base salary and another million in bonus. So it goes without saying that I am not impacted by this stupid regulation. Cheers :-)
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Posted in I-485 Forum on 20 Nov 2017
Topic: Work on TN visa & get GC when date is current?

Bumping up the thread in hope that that last question is answered by some body. Thanks.
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Posted in I-485 Forum on 16 Nov 2017
Topic: Work on TN visa & get GC when date is current?


As many have also mentioned that a TN visa is unlikely to work for an Indian national like you where the goal is to obtain US GC.

Bottomline is a TN and a pending GC application do not go hand in hand. and applying for one one while other is pending is fraught with risk that could result in a denial for both.

If you want to move to Canada while an immigrant petition has been filed on your behalf - you either need an AP that was approved prior to your departure or an H1B that you can obtain while living in Canada.

Your best bet is to move to Canada and have an H1B that allow you to return.




Thank you for the response. So I have 2 options:

1. At this point of time, i just have approved I-140 but no EAD or AP. So as you mentioned for me the safest bet would be to come back in USA on an H1 visa rather than TN So are you saying that even if I become CA citizen, instead of TN, I should opt for H1-B instead for reentry in USA? Please confirm.

2. What about the other option - to stay in Canada, become citizen continue to work in Canada and change the existing GC application from AOS to Consular Processing with US Consulate in Canada. Earlier many people suggested as this to be a better option. What do you think about this option. Are you saying this option is also not safe? Please elaborate.

Thanks
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Posted in I-485 Forum on 15 Nov 2017
Topic: Work on TN visa & get GC when date is current?


There are 2 scenarios:
- He filed AOS in US before becoming Canadian citizen: In this case, there's ZERO chance he'll get a TN visa to work in US in the first place.

- His I-140 is approved. He moves to Canada and becomes a Canadian citizen, then starts working in US in a TN visa and file his AOS from there: in this case, there's a likelihood that the USCIS will deny his AOS application based on his "preconceived intent" at the time of applying for TN visa.

If he's doing consular processing, then he's not eligible for TN visa anyway, so this is a different story. Moving to Canada and then applying for AOS based on the hope that his future employer would sponsor his green card application is a risky assumption. The majority of people I know are unable to get green card sponsorship through their employers.




@USCCalifornia and @bluem,

Let me provide some more information so that it becomes clear which scenario is applicable.

I have an approved I-140 from 2 sponsors. EB2, late 2010. Sadly because of the unending wait times, I am now planning to move to Canada to at least secure Canadian PR. Now if the line continue to move at snail's pace even after say 2 years, then I may decide to continue an year or 2 more and get my citizenship and then plan to come to USA on TN visa.

@bluem. so my scenario is same as #2 mentioned in your post. However then for #2 you say that if I apply for AOS from within USA while on TN visa, USCIS will deny that? why is so? There are so many other posters who have said that they will not deny it. Besides, I am planning to apply for AOS based on my old employment based GC applications (i.e. I do not intend to apply for GC based on TN visa.

Also for scenario #3, again you say that, there is a problem - "Moving to Canada and then applying for AOS based on the hope that his future employer would sponsor his green card application is a risky assumption. The majority of people I know are unable to get green card sponsorship through their employers."

Can you please elaborate a little more on that?

Thanks
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Posted in I-485 Forum on 14 Nov 2017
Topic: Work on TN visa & get GC when date is current?

Thanks for the comments. Very informative.
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Posted in I-485 Forum on 14 Nov 2017
Topic: Work on TN visa & get GC when date is current?

ALL

Thank you for all the inputs. Definitely makes me feel better and make the TN to GC approach an attractive one. Great discussion.

Best Luck to you all (for GC if pending or for other things in life if you already have one :-))

Cheers
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Posted in I-485 Forum on 13 Nov 2017
Topic: Work on TN visa & get GC when date is current?


I think you already know it is possible to apply 485 on TN.
In this forum, you will get correct answer

http://forums.immigration.com/forums/tn-...




Thanks for the information as I am still not sure entirely that it is possible. I think the forum thread should answer all my questions. Thanks so much.
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Posted in I-485 Forum on 13 Nov 2017
Topic: Work on TN visa & get GC when date is current?

Here is another one.

https://www.hooyou.com/news/news021709tn.html

New Policy Opens US Green Card Doors for TN Holders

Jian Joe Zhou, Attorney at Law

A recently published authoritative letter from the U.S. Customs and Border Protection Agency (CBP) addressing the TN nonimmigrant visa category offers new and definite insight on the CBP’s policy for determining immigrant intent. In the letter, dated April 2008, the Executive Director of Admissibility and Passenger Protection Programs details clearly that filing an immigrant petition (I-140) alone is not automatically considered a demonstration of immigrant intent, and aliens with pending I-140s may still be admitted into US with a TN visa.

The TN visa is a special nonimmigrant category reserved for Canadian and Mexican citizens who are offered qualifying positions as defined under NAFTA. While some nonimmigrant visa categories like H-1B allow for dual intent, the TN category has been considered by CBP to be strict non-dual intent category that requires that applicants show nonimmigrant intent when requesting entry to the US or renewal of TN status. As a result the CBP, which is responsible for determining entry eligibility at US ports of entry, has been tough on the issue of immigrant intent and often denied entry to TN holders who have pending I-140 petitions and even some who have only filed for PERM—often the initial first step for I-140 petitions in the EB-2 and EB-3 categories.

This immigrant intent issue made it critical for TN holders who had filed I-140 immigrant petitions to file I-485 adjustment of status applications or change to H-1B status before their TN expired. However, visa retrogression—currently worldwide for the EB-3 category and significantly retrogressed for EB-2 category individuals born in China or India—made filing the I-485 concurrently with the I-140 impossible; the competitive H-1B quota, and H-1B employer sponsorship and costs issues made H-1B petition difficult. The legal consequences and risks of maintaining TN after filing PERM or I-140 often deters TN holders from submitting these applications. Even with the recent 3-year validity extension for the TN category, some TN holders without readily available visa numbers faced the possibility of later losing valid status or being unable to travel with TN while their green card application was pending.

With the CBP new guidelines, TN status holders can apply for employment-based immigrant benefits through EB-2 or EB-3 (either PERM or EB-2 NIW), even if visa numbers are not available. They also do not need to change to H-1B. They can now remain in TN until they file for I-485 adjustment of status or consular processing when visa numbers become available. TN holders can extend TN in the US with USCIS, be admitted into US with their valid TNs after travel overseas, and apply for new TN status; filing PERM or I-140 immigration petition will not automatic jeopardize their reentry or valid status. Once they have filed their I-485 applications, they can get advance parole documents to allow them to travel.

Please note, CBP’s guidelines do not make TN a complete dual intent visa/status. TN visa holders still need to maintain their foreign residency.

The policy guidelines expand the opportunities for TN visa holders to obtain a green card through the EB-2 and EB-3 categories. China- and India- born TN visa holders can apply for a green card through the EB-2 NIW or EB-2 PERM category while they are in TN status, even though an immigration visa is not available, and all qualified TN holders can apply in the EB-3 category despite visa numbers being unavailable worldwide. This is a significant benefit because a priority date is established when a PERM labor certification or immigrant petition is filed. Thus these, previously restricted, TN holders can establish an earlier priority date and shorten the lengthy wait time for an available visa number.

*Attorney Jian Joe Zhou is the Co-managing attorney at Zhang & Associates, PC (www.hooyou.com). Joe has more than 8 years of experience in employment/business immigration and international law practice, with a proven record of hundreds of successful Labor Certification, PERM, NIW, EB-1 cases. Joe received his SJD, LLM, and MLI degrees from the University of Wisconsin Law School, and his LLB from East China University of Politics & Law. He may be reached at jzhou@hooyou.com . Ms. Lauren Miyamoto contributed to this article.

------
Founded in 1996, Zhang & Associates, P.C. offers legal services to clients nationwide in all aspects of U.S immigration law. We have successfully handled thousands of immigration cases.

At Zhang & Associates, P.C., our attorneys and supporting professionals are committed to providing high-quality immigration and non-immigration visa services. We specialize in NIW, EB-1, PERM, and I-485 cases. In the past twelve years, we have successfully helped thousands of clients get green cards. If you plan to apply for a green card, please send your CV to Attorney Jerry Zhang (info@hooyou.com) for a free evaluation.

Zhang & Associates, PC.

Houston ∙ New York ∙ Chicago ∙ Austin ∙ Los Angeles
Tel:1-800-230-7040, 713-771-8433
Email: info@hooyou.com
website:http://www.hooyou.com
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Posted in I-485 Forum on 13 Nov 2017
Topic: Work on TN visa & get GC when date is current?


Thank you. I meant to be optimistic when I chose that username, but clearly, it's turned out to be ironic.



Well, since you started with an optimistic note, might as well stick to it. Looking at the glass as half full is always a better approach :-).

Best luck.
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Posted in I-485 Forum on 13 Nov 2017
Topic: Work on TN visa & get GC when date is current?

Another very good article on this issue by a law firm.

http://www.prizant-law.com/tn-visa-professional...
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Posted in I-485 Forum on 13 Nov 2017
Topic: Work on TN visa & get GC when date is current?


The best case scenario would be to obtain a AP and travel back and forth. Keep in mind that that GC is for a future employment and you just need to be careful to maintain both statuses carefully.

For Canada, you need to ensure to stay there for 3 years out of 4 years to get the citizenship and in the US, you need to make sure you maintain your EAD and get an approved AP in hand when departing US. A lot of legal professionals will discourage the idea, but in my opinion there is nothing wrong as long as you work this well.

Take advise from a US immi attorney sitting in Canada or someone here in the US who deals with both sides (most lawyers in Buffalo or bordering town do so).

Applying for TN when you have already demonstrated desire or intent of immigrating to the US will surely not work.

Good luck!

Thanks @rim11

Really appreciate your inputs. I think it is becoming clearer to me what should be the future course of action.
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Posted in I-485 Forum on 13 Nov 2017
Topic: Work on TN visa & get GC when date is current?

Thanks so much.

Best of luck for your GC, hopefully it is soon, may be 'any moment now' :-).

Cheers.
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Posted in I-485 Forum on 13 Nov 2017
Topic: Work on TN visa & get GC when date is current?

Just want to share info i got by Googling,

https://www.shihabimmigrationfirm.com/tn-visa-st...

TN Visa Status with a Pending Green Card Immigrant Petition

Once you have been admitted to the United States in TN visa status, your circumstances may change so that you become eligible for a green card. Although you can be the beneficiary of a green card petition while in the US in TN status, you should be careful doing this since problems may arise because TN status requires you to maintain nonimmigrant intent. If you have questions about the TN visa and would like to consult with an attorney, contact The Law Firm of Shihab & Associates. We have over 50 years of combined legal experience in a wide variety of complex and immigration law matters.

Can I apply for a green card while maintaining nonimmigrant intent?
Customs and Border Patrol (CPB) guidance provides that you must have nonimmigrant intent at the time you apply for TN admission into the US, but does allow you to have a future intent to immigrate without abandoning your TN nonimmigrant status, so long as you have nonimmigrant intent when you were admitted. Becoming a green card petition beneficiary is a manifestation of your intent to stay in the US, and at that point you may no longer have nonimmigrant intent. This means that once the green card petition is filed, you can still stay in the US in TN status, but any applications for TN status extension or US readmission in TN status may be denied on the basis that you lack nonimmigrant intent.

Can I establish nonimmigrant intent while my green card is pending?
Legacy Immigration and Naturalization Service (INS) guidance says that if you have an approved I-140 immigrant green card petition, you should not be denied TN admission or extension solely on that basis, if you can still establish that your intended TN stay in the US will be temporary. Therefore, you could technically get TN admission or extension while your green card petition is pending, but it’s not easy. First, you would need to establish that your current TN work objective is totally separate from your future intent to immigrate. Second, you would need to establish that your current TN work assignment has a specific ending date, and that you intend to depart from the U.S. on that date. A good immigration attorney can look at your case and help you gather the appropriate evidence necessary to accomplish this.

Consular processing avoids the immigrant intent problem
If your immigrant visa petition will make a green card available to you before your current TN status expires, you can avoid the immigrant intent problem by selecting consular processing outside the US on Form I-140 rather than adjustment of status in the US. The reason for this is because once you ask for consular processing, this virtually guarantees that you intend to depart the US before becoming a lawful permanent resident.

Should I change status to another visa?
Being the beneficiary of a green card petition should not disturb your current TN visa status. And if you can get your green card status before your TN status expires, then there should not be a problem. However, be careful if your green card petition will be delayed due to a priority date queue, and if your TN status will expire before your green card status is approved. In this situation, you may want to consider changing status to another nonimmigrant work visa such as the H-1B or the L-1, which do not require you to establish nonimmigrant intent. If you would like further information about the TN visa or any other immigration matter, please contact our immigration attorneys at The Law Firm of Shihab & Associates, Co., LPA to schedule a consultation with an attorney at an office near you.
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Posted in I-485 Forum on 13 Nov 2017
Topic: Work on TN visa & get GC when date is current?


TN does not prevent you for applying for a GC (that's a myth). You can find success cases in Trackitt.



I agree with you. Thanks for your inputs. But what about the points which 'AnyMomentNow' has raised?

Thanks.
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Posted in I-485 Forum on 13 Nov 2017
Topic: Work on TN visa & get GC when date is current?


Well it also works the other way around. Technically, if you have already applied for GC i.e an immigrant visa - you are no longer eligible for a TN visa which is a non immigrant visa and does not have dual intent like an H1B.

So you may have a hard time getting a TN in the first place and even if you get it you may have jeopardized your immigrant visa.


Interesting. Would wait for others to weigh in on your comment. Thank you though. Really appreciate your inputs.
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