Post Green Card Approval

[gc0907]

Guys,
Issue...I contacted the SFO Consulate on my passport renewal status and now they have come up with this stupid Police Clearance Issue thing. My passport is still valid for 6 months but by the time I will return from my India trip it will have 3 months remaining.

Wondering if there is any restrictions at POE on coming back with Passport validity of 3 months? I know H1B stamping needs 6 months validity not sure how does it affect the GC holder.

[rdsingh79]

I don't think there will be any issue entering US. Infact passport is not even needed for GC holder to enter US (GC itself is enough). I am not quite sure if Indian immigration folks will create any issue though.

Guys,
Issue...I contacted the SFO Consulate on my passport renewal status and now they have come up with this stupid Police Clearance Issue thing. My passport is still valid for 6 months but by the time I will return from my India trip it will have 3 months remaining.

Wondering if there is any restrictions at POE on coming back with Passport validity of 3 months? I know H1B stamping needs 6 months validity not sure how does it affect the GC holder.

[gc0907]

Thanks rdsingh.
My biggest mistake was I forgot that I am dealing with Indian Authorities. They told me this stuff only upon my enquiry for status of my passport. It's been 25+ days they have my application(that's their normal processing time).
The thing is they(SFO) were the one who extended my short-validity passport couple years ago in 3 weeks and at that time they didn't ask for any clearance or stuff.
Hoping they misunderstood in my case and clear this up.

I don't think there will be any issue entering US. Infact passport is not even needed for GC holder to enter US (GC itself is enough). I am not quite sure if Indian immigration folks will create any issue though.

[visagcinfo]

gc0907:
what is this police clearance issue? I need to renew my passport too.

Thanks rdsingh.
My biggest mistake was I forgot that I am dealing with Indian Authorities. They told me this stuff only upon my enquiry for status of my passport. It's been 25+ days they have my application(that's their normal processing time).
The thing is they(SFO) were the one who extended my short-validity passport couple years ago in 3 weeks and at that time they didn't ask for any clearance or stuff.
Hoping they misunderstood in my case and clear this up.

[gc0907]

Even I am not sure exactly what they are looking for. Here is their reply:

Dear Sir/Madam,

Please refer to your passport application USASXXXXXX

Please submit a Proforma form (http://www.cgisf.org/pdf/ppertpro.pdf) duly filled with photos for further verification with Indian authorities as the Police verification is mentioned as Incomplete / Blank / Adverse by the previous passport issuing authority.

Also please confirm in writing if your police verification was duly complete when you received your last held passport and whether all the particulars in the passport including the address are correct.

Make sure you give your Indian address, as verification cannot be complete without it.

Please mark the form to the attention of Vice Consul (Passport), Consulate General of India, San Francisco with copy of this letter as soon as possible.

If your Police verification is adverse then, passport will be issued only upon receipt of the clearance.

Vice Consul(Passport)

1: The form they are asking me to fill is a regular form with my name, address, etc. basic information. They did collect all this information on the passport application form. So do they need my written permission to do police verification? No they don't. It is really a stupid form just to length the process. Why don't they ask this in the beginning itself? Now I will have to go take a picture and may be get notorized and with uncertainity if it will satify them.

2: They want in writing from me that police verification was completed. Yeah right, and they will take it as a proof.

3: They did collect my Indian Address in Passport form. Why are you asking the same question?

gc0907:
what is this police clearance issue? I need to renew my passport too.

[nishant2200]

muhahahaha I am now eligible to post in this thread.... let me read what you guys been upto

[visagcinfo]

thanks gc097 for sharing the details.
I am going to a different location (DC). Let me see what they say.

Even I am not sure exactly what they are looking for. Here is their reply:

[mysati]

thanks gc097 for sharing the details.
I am going to a different location (DC). Let me see what they say.

I renewed my passport through the DC embassy. Filled the form, provided everything they asked for with the fee and got back the renewed passport the next day. The only issue was there is no visitor parking, you have to find a street side parking and walk some distance. Remembered another one now, they collected all applications only in the morning and had a token system and you have to go back the next evening again to collect your passport. Ofcourse, you can ask them to mail you but this is much faster.

This was four years back. Not sure if anything changed since.

[mygctracker]

Yahooooooo. I'm also eligible now to be an active member here... Fun continues.... :-)

muhahahaha I am now eligible to post in this thread.... let me read what you guys been upto

[gc_usa]

Joining new club.

Just survived by few hours. Had 10% layoff in company day before my approval. Who know it is Friday today but I feel different today. Should get blood pressure checked to see how much it dropped. Still could not sleep since last 1 week up ever night to check phone/email.

[soggadu]

Joining new club.

Just survived by few hours. Had 10% layoff in company day before my approval. Who know it is Friday today but I feel different today. Should get blood pressure checked to see how much it dropped. Still could not sleep since last 1 week up ever night to check phone/email.

wow...close call bud!!!! But anyway you have a green card now... GC hein toh darna kya!!!!!....i know it is easier said than done... enjoy all these little moments...

From my side... i am seeing/holding my GC everyday after pooja and with a small smile remember all these 11 years dreaming for them which are now lying idle in my shelf....my wife makes lot of fun on that...but i cant keep my eyes and hands off them.... as Nishanth mentions...MY PRECIOUS!!!!!!!

[mygctracker]

Folks,

Has anyone from this club starting looking out for opportunities? Has anyone already jumped their ships?

I know people say wait atleat 6 months post GC to prove honesty. But is it written somewhere? Can someone please share any reliable source of this FINAL piece.

Struggle has come to an end & SafeGuarding has begun [Another 5 Years]. It is like winning in election & now holding on to our seat. :-)

Yes, It is the PRECIOUS.

Thanks!

[visagcinfo]

Not yet. Again, want to play safe. Don't know what surprises will be in store from the officers, in terms of interpretation of the rules 5 years down the line. Like 221g, employer-employee relationship during H1/GC process.

[soggadu]

Folks,

Has anyone from this club starting looking out for opportunities? Has anyone already jumped their ships?

I know people say wait atleat 6 months post GC to prove honesty. But is it written somewhere? Can someone please share any reliable source of this FINAL piece.

Struggle has come to an end & SafeGuarding has begun [Another 5 Years]. It is like winning in election & now holding on to our seat. :-)

Yes, It is the PRECIOUS.

Thanks!

Copied it from another place....


Hi guys,
I dont want to duplicate, but I think following "cut and paste" from my previous post may be a fair thing to do; just for the information.

I am not a lawyer; but this is what I believe to the best of my knowledge:

1. If you never used AC21 (still working with the employer who sponsored I 140); your obligation at the time of GC approval is to have a "good faith intention to work with the same employer permanently". It is not clear in the law as to how would you prove that intention...most people say that you should work for some duration (6 months or 12 months at least...or something like that) after GC is approved to "show" your good faith intention.

2. If you ported to employer B using AC 21 (before the approval of GC); you have the same obligation to the new employer B and NO obligation to original I 140 sponsoring employer. (this is especially true if you informed USCIS of your porting and also true if you did not inform USCIS but law is less clear in the later scenario)

There is really no law that specifies the duration.

All it says is :"you should have intention to work for the GC sponsoring employer (or AC21 employer if you ported) permanently."

Intention is a state of mind and it can change!! also all these employments are at will, and so it is possible that you may not like that job! Or on the other hand employer may not like you and fire you in a week.

Bottomline: You will be fine under most circumstances. However, if the issue is raised at the time of naturalization, it would be much easier for you to explain/show that you did have intention to work for the employer if you actually work for the sponsoring employer for some duration (6 months, 1 year...all these are arbitrary numbers).

If you never worked for the sponsoring employer, you may not have a lot of grounds to show that entire GC was not a fraud...

Again, there is no clear law on this...

followup post:

I think there is a mix up here between two things:

180 day clock does start on the first day after filing 485, but that is for the purpose of AC21. Once you use AC21, then the next employer assumes the role of "your future permanent employer" and you should have "intent to permanently work for that(new, not the sponsoring) employer" AT the time of GC approval.

If you use change the employers 7 times using AC21 before your GC gets approved; you should have "intent to work permanently for the latest employer".

You are not bonded slaves. The only issue is that the "burden of proof" of proving the intent to work for such and such employer is on the GC beneficiary and not on USCIS. So in future, if USCIS questions (or CBP questions), it is YOU who has to prove that intent.

One scenario where you WILL NOT BE ABLE TO PROVE IT: if you never worked for the sponsoring employer.

One scenario where you WILL NOT HAVE A PROBLEM PROVING IT: if you worked with sponsoring (or latest AC21) employer after GC approval for some duration (60 days?? 90 days?? 6 months?? 1 year??)...no law on this.

This is the whole purpose of Labor Certification process and I140. And it applies to the categories of EB2 (except NIW) and EB3--any category that requires LC.

Good Luck.

[mygctracker]

Thanks Soggadu, very useful perception.

Copy pasting what I found on other forums: Hope it helps folks here.


1. The approval notice says that “When you receive your card you must carry it with you at all times if you are 18 or older. It is the law”. It is a very valuable (and difficult to replace in case it is lost) document, so I am a bit wary to carry it in my pocket all the time. Do I really have to keep it with me always?
A: It is best to make a copy of the front and back of the Green card and carry that at all times in your wallet. That way, even if a law enforcement official asks for it, you can show this, and tell them you have the original at home.

2. I might have to travel abroad next week to the UK. What do I do with the I-94 card? Do I hand it over to the airline as usual?
A: The I-94 is really not relevant any more. It is best to have it with you when you go out of the country, and hand it over if they ask you for it.

3. Do I need to carry anything other than my passport and green card? Do I stand in the Citizens line or the usual visitor line at immigration?
A: You don't need to carry anything other than your passport and the Green card. As for the line, this depends on the airport. It is best to read the signs at the airport carefully, and follow those directions at the airport.

4. I recently obtained SSN cards for my wife and son after they got their EAD cards. Their cards and also mine have a noting that says “INS authorization needed to work” or something to that effect. Should we all go and obtain new SSN cards and have that notation removed?
A: This needs to be done at some point in time. It is not imperative that you do this immediately. However, you should get it done when you have time - note that you will have to go to the local SSN office in person, and carry with you the Green Card, the old SSN card, and your passport. You wife and son also need to go in person. If you plan on changing jobs, you should do this before you join the new job.


Another user posted below notes:


1- The law says you must carry your actual plastic green card with you at all times. That is the law. The attorney is guessing that a law-enforcement officer will find a photo-copy to be adequate, and perhaps many officers will be satisfied with this because they don't know any better. But the law is the law - and the law is that the actual green card must be carried with you. It's up to an individual to decide whether or not to comply.

2- The lawyer is correct to say that the I-94 is not relevant anymore. The lawyer is absolutely wrong to suggest something non-sensical like "hand it over if they ask you for it". Airline people will always take any I-94s presented to them (they don't know any better), but in truth the I-94 is an old useless piece of cardboard after you get a green card, and giving it to the airline, while *probably* not hurting, is actually pretty dumb and borders on hysteria. The I-94 DEPARTURE RECORD is just that: a DEPARTURE RECORD meant for NON-IMMIGRANTS to determine that a non-immigrant has departed the US. You are not a non-immigrant if you are a green card holder, but a permanently-admitted immigrant. That is why you submitted an "Adjustment of Status" application, so you can, well, adjust your status from non-immigrant to immigrant.

So what the crap are you doing giving USCIS a non-immigrant "departure record"? Use common sense, people. I don't care if people surrender their I-94 to the airline after adjusting their status, that is an individual decision that makes certain people (usually people who come from severely bureaucratic countries) feel better. But I do care that such non-sensical "advice" is disseminated on immigration forums like this one to propagate and encourage such dumb actions. As I wrote before elsewhere, surrendering your I-94 AFTER you get a green card while departing the US, makes as much sense as showing the IO your old expired H-1B visa in your passport along with your green card when arriving back in the US.

3- All you need for admission is a passport and green card - that's true - but don't forget the Customs Declaration form that you fill out on the airplane as well. Also, some of you green card holders might want to fill out a new I-94 form on the plane as well, because if you think you needed to surrender your old one to the airline on your way out even though that is pretty silly, then the same absurd logic should drive you to fill out a new one and present it to the immigration officer - you know, in case they ask you for it!

4- The lawyer is correct about the SS card change not being imperative that it be done immediately. However, you do *not* need to take a passport with you to the SS office. All you need is a proper ID (driver's license or the green card itself) and your old SS card. Once you're a permanent resident, SS doesn't care about (and definitely doesn't need to see) your foreign passport.

Copied it from another place....


Hi guys,
I dont want to duplicate, but I think following "cut and paste" from my previous post may be a fair thing to do; just for the information.

I am not a lawyer; but this is what I believe to the best of my knowledge:

1. If you never used AC21 (still working with the employer who sponsored I 140); your obligation at the time of GC approval is to have a "good faith intention to work with the same employer permanently". It is not clear in the law as to how would you prove that intention...most people say that you should work for some duration (6 months or 12 months at least...or something like that) after GC is approved to "show" your good faith intention.

2. If you ported to employer B using AC 21 (before the approval of GC); you have the same obligation to the new employer B and NO obligation to original I 140 sponsoring employer. (this is especially true if you informed USCIS of your porting and also true if you did not inform USCIS but law is less clear in the later scenario)

There is really no law that specifies the duration.

All it says is :"you should have intention to work for the GC sponsoring employer (or AC21 employer if you ported) permanently."

Intention is a state of mind and it can change!! also all these employments are at will, and so it is possible that you may not like that job! Or on the other hand employer may not like you and fire you in a week.

Bottomline: You will be fine under most circumstances. However, if the issue is raised at the time of naturalization, it would be much easier for you to explain/show that you did have intention to work for the employer if you actually work for the sponsoring employer for some duration (6 months, 1 year...all these are arbitrary numbers).

If you never worked for the sponsoring employer, you may not have a lot of grounds to show that entire GC was not a fraud...

Again, there is no clear law on this...

followup post:

I think there is a mix up here between two things:

180 day clock does start on the first day after filing 485, but that is for the purpose of AC21. Once you use AC21, then the next employer assumes the role of "your future permanent employer" and you should have "intent to permanently work for that(new, not the sponsoring) employer" AT the time of GC approval.

If you use change the employers 7 times using AC21 before your GC gets approved; you should have "intent to work permanently for the latest employer".

You are not bonded slaves. The only issue is that the "burden of proof" of proving the intent to work for such and such employer is on the GC beneficiary and not on USCIS. So in future, if USCIS questions (or CBP questions), it is YOU who has to prove that intent.

One scenario where you WILL NOT BE ABLE TO PROVE IT: if you never worked for the sponsoring employer.

One scenario where you WILL NOT HAVE A PROBLEM PROVING IT: if you worked with sponsoring (or latest AC21) employer after GC approval for some duration (60 days?? 90 days?? 6 months?? 1 year??)...no law on this.

This is the whole purpose of Labor Certification process and I140. And it applies to the categories of EB2 (except NIW) and EB3--any category that requires LC.

Good Luck.

[nishant2200]

Guys, I made the thread sticky. I think its a very important thread.

Two questions, if you folks have thoughts.

1. The I-94 we currently have in our passport, should we surrender it on our next trip overseas, or it does not matter anymore, or no harm in giving it out anyways.

2. Do we need to carry the physical green card with us always. Or just a photocopy cutout is enough.

update:

----

seems like folks already talking about these things in above posts, let me read those carefully!

----
yup, I think I got my answers. I will email lawyer tomorrow and let you guys know what he says too.

Wov, it's difficult to imagine my passport without the white I-94 stapled and sticking out of it.

[nishant2200]

Joining new club.

Just survived by few hours. Had 10% layoff in company day before my approval. Who know it is Friday today but I feel different today. Should get blood pressure checked to see how much it dropped. Still could not sleep since last 1 week up ever night to check phone/email.

I know someone who had two months back got GC. She got GC on like wednesday, and was laid off next monday. Nerve wrecking.

[nishant2200]

Yes! Last night, wife and kid went to sleep, I took out card and holding it in hand, kept looking at it. Then I scanned it, took printout and periodically keep looking at the printouts. Even my iPhone wallpaper is a photo of the green card.

Yes, I agree, I am obsessed with it

My precious!

wow...close call bud!!!! But anyway you have a green card now... GC hein toh darna kya!!!!!....i know it is easier said than done... enjoy all these little moments...

From my side... i am seeing/holding my GC everyday after pooja and with a small smile remember all these 11 years dreaming for them which are now lying idle in my shelf....my wife makes lot of fun on that...but i cant keep my eyes and hands off them.... as Nishanth mentions...MY PRECIOUS!!!!!!!

[goforgreen]

Also, some of you green card holders might want to fill out a new I-94 form on the plane as well, because if you think you needed to surrender your old one to the airline on your way out even though that is pretty silly, then the same absurd logic should drive you to fill out a new one and present it to the immigration officer - you know, in case they ask you for it!

This was a good one, LOL :-)

[03May07]

Got my GC too. Even I'll be going after 4+ years...In 2 more weeks I'll be home...everytime I went the past 5 times before that, I had to go for visa 3 times or mailin for visa (oldschool). Days of Preparing the paper work for visa+ waiting late in night for visa appointments + Filling in the online visa application for yourself and dependents + going to consulate and waiting for 10 days for the stamped passport - GONE are all those hours spent in preparation for a visa.

Now I bought a ONE Way ticket...it is not expensive at all. $560 (incl tax) . (British airways 2 Hyd). Do you all know that we can go in British airways as we no more have to worry about transit visa? (another small perk of getting a GC). (note: If you are wondering who the travel agent is who got me that good deal - my spouse - please give her some business @ traveltoday6120c@gmail.com Drop in a line and mention Q's forum. She also has account in this forum, but is shy to request business from fellow Q forum members)

[srd4gc]

My HR requested for a copy of my GC. is that normal?

[gc0907]

Yes and that's the only thing my HR asked for.

My HR requested for a copy of my GC. is that normal?

[GCKnowHow]

One way ticket???

Got my GC too. Even I'll be going after 4+ years...In 2 more weeks I'll be home...everytime I went the past 5 times before that, I had to go for visa 3 times or mailin for visa (oldschool). Days of Preparing the paper work for visa+ waiting late in night for visa appointments + Filling in the online visa application for yourself and dependents + going to consulate and waiting for 10 days for the stamped passport - GONE are all those hours spent in preparation for a visa.

Now I bought a ONE Way ticket...it is not expensive at all. $560 (incl tax) . (British airways 2 Hyd). Do you all know that we can go in British airways as we no more have to worry about transit visa? (another small perk of getting a GC). (note: If you are wondering who the travel agent is who got me that good deal - my spouse - please give her some business @ traveltoday6120c@gmail.com Drop in a line and mention Q's forum. She also has account in this forum, but is shy to request business from fellow Q forum members)

[GCKnowHow]

Nishant...... i just couldn't control my laughter... but understand the pain one undergoes to get it.

just replace "green card" with "her photo"....... I could see you have totally fallen in love with it. Have fun, its like a new car.

Yes! Last night, wife and kid went to sleep, I took out card and holding it in hand, kept looking at it. Then I scanned it, took printout and periodically keep looking at the printouts. Even my iPhone wallpaper is a photo of the green card.

Yes, I agree, I am obsessed with it

My precious!

[soggadu]

guys... i went to the DMV to update my DL... i was told my old expiry date wont change ( this is based on my H1) as it is not up for renewal ( i was expecting a 10 year card)... they charged me 11 dollahh and gave me a card with "temporary immi status" removed... my wife said duhhhh!!!!!!... and didnt get her new card, it doesnt really matter i guess w.r.t DL...


Hey waise this is my 7th ton!!!!!!!!!!!