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Roopsman

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About Roopsman

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  1. Country of birth and citizenship: We are all Indian born and Australian citizens, with exception to my daughter, she is Australian born and Australian citizen. Employment visa: I came to the USA in 2016 on the E3 visa, I am the main applicant, my husband and 2 kids (daughter is 18 years and son is 14 years old) are on E3D 140 filing: Our 140 under EB3 was filed and approved in May 2018 Priority date: 07/26/2017 EB3 to EB2 upgrade: I am eligible now to upgrade, appreciate suggestions if I should upgrade to EB2 We are moving back to Australia this year and we have following questions related to green card processing: If the priority date becomes the current filing date while we are overseas, can you still proceed with the green card process? If so, do I still need to be employed with my current employer throughout the time or can I rejoin any employer/same employer in the same role? Can this process be done even from Australia without all of us coming to the USA? What will happen if the priority date is not current for the action date before she turns 21. What's the likelihood of her getting the green card prior to her turning 21, if the priority date becomes current this year, and we start processing. Can I still be in Australia from the filing date being current until the action date becomes current? Once the action date becomes current, can we complete the process from Australia? From the data the action date becomes current, how long do we have to initiate the process/paperwork? Once green card is approved, do we all have to spend 180 days minimum every year or is there any exception that exempts from this rule (for example, in Australia once the PR is approved the applicant has up to 3 years where he/she doesn't have to comply to 180 days rule, after that he/she must otherwise they will lose their PR status)
  2. Roopsman

    E3 visa validity

    Hi, Facts Australian Citizen on E3 (visa expiry 11/18/2020 and I-94 admit until 11/26/2020) Applied for an extension on 08/28/2020 (received confirmation from USCIS that they are in receipt of documents). RFE received on 03/23/2021. Current Status- "Response to USCIS Request for Evidence was received on 05/25/2021" Questions When will I be out-of-status and won't be able to work? How long can I continue to reside in the country without working? I know that Australian Citizens can get their E3 visa's renewed for an indefinite number of times. However, I do not want to go out of status and continue my stay. I have 2 kids who are on E3D with the same visa expiry and I-94, how long can they stay in US, same as mine?
  3. Roopsman

    E3 visa renewal

    Hi, just thought of updating the details, if anyone facing similar problems. When I went to one DOT, they gave my DL based on visa's expiry date. But then I went to different DOT, who updated as per I-94's expiry date. I was able to visit Canada with my family for E3 renewal, and all our family member's visas are renewed without any issues. As per my employer's lawyer's suggestion, my E3 visa renewal application was not submitted. Even though my visa expired in Oct 2018, I was able to continue to work until my visa renewed in Nov 2018. (As per lawyer, since my I-94 is valid until 2020, hence i can work until 2020 without visa). My LCA approved from Aug 2018 to Aug 2020. My E3 renewal is from Nov 2018 to Nov 2020.
  4. Roopsman

    I-140 Portability

    If my current employer (A), has an approved I-140 for an ex-employee, who left to different employer (B), can my current employer (A) request to port (or transfer) ex-employee's I-140 with mine. I heard this can be done, and the ex-employee's priority date can be used once my I-140 is approved. Is it true?
  5. Roopsman

    E3 visa renewal

    Thank you, pontevecchio
  6. Roopsman

    E3 visa renewal

    Hi, I am on E3 visa, my visa will expire on Oct 16 2018. My I-94 is valid Jan 29 2020. As per my employer's lawyer's suggestion, I can continue to work since my I-94 will not expire until 2020. I have applied for DS-160 in Canada, and the earliest appointment available is Jan 27 2019. When I renewed my driver's license, they referred to my visa even though I provided I-94, and it expires Oct 16 2018. I can't even drive to work after next month. My children's visa already expired as they have my previous employer's stamp, and their I-94 will expire on Dec 26 2018. Also my employer initiated Green Card process, and my 140 is approved. Since I have Australian Citizenship, but my birth country is India, I am in the long waiting for my green card. I need assistance with the following: Can I continue to work for my employer while I am waiting for visa appointment (Jan 27 2019). or do I have to apply for extension while I am waiting for my appointment? What is the best way to proceed with the driver's license, until my visa is renewed? Can my kids can stay in US until the visa is renewed, or should I (or my lawyer) for extension? Thank you, Roopa
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