Does Country of Birth count?

S

sonu kumar

Registered Users (C)
Hi,
   My question is -- i was born in France, yet my passport is Indian. But I have my birth certificate that proves my place of birth. Would I fall in the "foreign" category or "india"\'s category of EB3? Please let me know this by email.
Thanks,
Sonu
 
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Hi,
   My question is -- i was born in France, yet my passport is Indian. But I have my birth certificate that proves my place of birth. Would I fall in the "foreign" category or "india"\'s category of EB3? Please let me know this by email.
Thanks,
Sonu
 
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I also have a couple of questions related to this - I was born in India but am now a UK citizen working in UK as a s/w engineer. I want to start working in US but need some clarification on a couple of things first:

1. Will I be considered \'British\' or Indian when my prospective employer applies for L1/H1?

2. If I am considered as \'British\', is there any advantage in processing times for getting GC (either via EB2 or EB3 route)?

All responses appreciated.
 
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Hi,
   From other replies that I have gotten, it seems to me that you will be falling under the Indian quota Not foreign(british) for the green card processing. Because INS takes the country of birth into account rather than the citizenship. However, if your spouse or parents are born in a country other than India, you might be able to get into the foreign quota. I am sure you know that the difference between the foreign quota and indian quota and that is that indian quota is still lagging behind in year 97 where as the foreign quota is CURRENT (C). green card processing takes longer for those who are not in the foreign quota for eb3. To know the status of the quota go to http://travel.state.gov/visa_bulletin.html and browse down to a table that has the eb categories and the quota categories.
   For H-1B visa, i don\'t think that your citizenship or country of birth plays any role of you getting the visa. For the visa it wouldn\'t matter if you are british or indian. You will get the visa on the basis of your employer\'s request and need and ur qualifications.
   But please don\'t take my word for it. Ask some lawyer about this since he/she would be able to guide you better. I am just talking from what I know.
 
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i am a similar situation.

you will be under the Indian category and unfortunately it will be slower! Since my spouse is also an Indian born and my parents (one is born in India ... both have to be outside of India) it does not qualify for cross-chargeability to Foreign/UK quota.
 
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Country of chargeability is the country of birth and not country of citizenship,, that is you are considered to be from your country of birth...hope this helps..
 
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does it matter if i am already on H1 through Indian passport ? Can I apply as canadian for GC?(I have dual citizenship)

Thank you in advance
 
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I think you can, but I am not sure. You will need to ask around.
Sorry couldn\'t help much. :(

~ sonu
 
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