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Subject: Re: H1b with no visa stamp to green card Posted on: Thu, 27 Jan 2005 11:52:02 -0500


"deepasunil" wrote in message
news:34$279525$1996366$1106599121@britishexpats.com...
>
> > I was on F-1 visa (valid until May 2005) and i changed my status over
> > to H1b on Oct 1, 2004 but do not have an H1B visa stamp on my
> > passport. I am currently working for the company that originally
> > sponsored my H1b petition. I am talking to my employer about changing
> > my status to permanent resident considering these new PERM
> > regulations.
> > My questions are:
> >
> > 1) How long would it take for the green card application to complete.
> > I live in Muncie, Indiana. I know the app process time used to
> > depend on the state you live in. Is that still the case? How long
> > would it most likely take with this new PERM regulations? Is there
> > any way such as premium processing to speed up the PR process?
> > 2) If my company files for adjustment of status to permanent residence
> > and i do not have a valid H1B visa stamp can i leave the country
> > for short visits and come back? Would i need any special
> > permissions such as advance parole and such?
> >
> > 3) If and when i become a Permanent residence what is the max amount
> > of time that i can be absent from the US before i lose my PR
> > status?
> > 4) Would i have to wait at least 5 years before i can apply for US
> > citizenship?
> >
> > Thank you for all your help.
> >
> > Gent
>
> 1. It depends on the Service Center that your case was filed in . Theres
> no Premium process . Indiana falls under Chicago regional office .
> See the link below for the current processing time
> http://www.ows.doleta.gov/foreign/times.asp
> 2. If you dont have a valid H1 status while you have filed for 1-485,
> then you can travel with AP .
> 3. A Green Card holder has to return at least once a year to maintain PR
> status. A person who spends most of his time abroad and returns only
> for brief annual visits runs the risk of losing the status.If you do
> intend to maintain your permanent resident status but need to be
> abroad for a year or more, you should apply for a reentry permit,
> which is generally valid for a period of 2 years.
> 4. If you are a lawful resident and you have continuously resided in US
> for 5 years then you ar eligible to apply for citizenship.
>
> --
> Posted via http://britishexpats.com

I just wanted some clarifications on the last point in the reply. Point 4
says "If you are a lawful resident and you have continuously resided in US
for 5 years then you ar eligible to apply for citizenship." Am I right in
assuming that you have to reside in the US with a PR status in order to be
able to apply for a GC. I have been living in the US for more than five
years but not with a PR status. For the first two years, I had a F1 visa
and since then I have had a H1 visa. Am I eligible to apply for US
citizenship? Kindly explain.

Thanks much.
SS


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