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loti_GC

07-31 08:33 PM

My Lawyer asked for the original letter from employer. She didn't even accept the scanned copy. I had to mail the letter to my lawyer.

If you have letter from employer then why not give original.

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kshitijnt

05-03 08:39 PM

First of all you are on OPT and your status has not yet changed to H1. It will change to H1 in October.

Your company can cancel H1 with or without your knowledge.

Your new employer can transfer your H1 provided you have the receipt number EAC or WAC number.

If I were you, I would first get the receipt number from your employer and then join the new company on OPT. Also if things do not work out this way, you still join the new company as you are eligible for 17 months OPT extension, you can still qualify for next years H1.

Best strategy is to use as much time on OPT as possible because in that case you dont have to pay social security and medicare taxes.

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seahawks

02-14 01:48 AM

Reminder for all members who haven't signed up for recurring contributions to contribute. Here is mine
Seller Information: Immigration Voice
donations@immigrationvoice.org

Transaction ID: 5FW127555L9300342 Placed on Feb. 13, 2007
Payment For Quantity Price
Contributions
Item #Contributions 1 $100.00 USD

Contributed so far 350 and counting. GO IV!!!!

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DallasBlue

09-28 06:57 PM

Hope to hear from 'you all' Texas.

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bskrishna

02-16 03:34 PM

I do not know if this has been posted on this forum..
But some of the testimonials are interesting for Students & STEM based EB applicants..

This is from Immigration-law:

02/14/2008: House Subcommittee Hearing on Status of Visas & Policies on Foreign Students and Scholars on February 7, 2008

The House had this important hearing that can have an impact on the employment-based immigration issues relating to the STEM foreign graduates in research and higher learning institutions. It is suggested that the EB immigrants in STEM to review the testimonies of witnesses in this hearing.
Purpose and Summary of the Subject
Testimonies of Witnesses:
:: Opening Statements by Rep. Brian Baird
:: Witness Statements ::
Mr. Tony Edson
Ms. Catheryn Cotten
Dr. Harvey Fineberg
Dr. Allan E. Goodman
Under the current political environment and a long pause in the employment-based immigration legislation issues in the Hill, this is indeed an important news in that at least the Congress is giving attention to the predicament the research and higher learning institutions are facing owing to the failure of the do-nothing Congress and the Administration to act on the matter.


Link to the congressional comittee website..

http://science.house.gov/publications/hearings_markups_details.aspx?NewsID=2064

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n2b

07-24 11:06 AM

Hello Friends,

I am working for a Company A and I have a Labor and I 140 approved for OCT 2005 EB2 through the same company.

I filed my I 485 on July 2nd. Now I have a very good offer from Company B. I have following questions and I seek your help -

1) Can I retain my PD?
2) If yes, what are the requirements and what is the process to retain the old PD?
3) Does the Company B have to file I 140 again?
4) What if Company A pulls back their I 140? Can they?
5) What are the risks?
6) Has anyone done this and had a success?

Friends, all your help is appreciated.

Thank you in advance.

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theOne

07-23 05:18 PM

Card production ordered
PD 03/2008
RD 8/10/2008
ND 9/20/2008

But my desi consulting company tells me it is safe to stay with them for another six months.

Edit:
PD is 3/2004 not 3/2008. Sorry about the confusion

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horus

08-29 11:49 AM

By law, you should have the originals on you when you travel, in some cases even domestically. So, you may definitely ask your lawyer to send you the originals.

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sybersnake

12-04 12:42 AM

yea, im in florida. do you think you can handle that request?

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glosrfc

04-01 05:49 PM

No I don't...he's two-timing with 36% of Wizard apparently.

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chanduv23

06-04 01:33 PM

Please close this thread - no use

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kamdard

09-12 04:23 PM

Just saw this one:

http://travel.state.gov/visa/frvi/bulletin/bulletin_3800.html

Hope this helps.

Regards,
kamdard.

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dude

10-05 02:25 PM

Its not a problem. As long as your I-485 is applied and pending , you can apply any time.

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sparklinks

07-19 09:28 PM

If it is new 485 filing then you don't have A#.

A# on I-140 is nothing do with your 485.

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ScratchingHead

09-30 03:55 PM

We should also request Indian Governtment to take up our Issues with the US.

http://www.ndtv.com/convergence/ndtv/story.aspx?id=NEWEN20080067201

Better not, US does exactly the opposite to what someone asks her :D
I think India must ask US to send back all the skilled H1b holders exactly after 6 years and not issue GC. Then you would be surprised to see heck of a lot approvals !!!!

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chintainfogc

03-05 02:51 PM

Dear Lawyer / Member,

My wife lost her EAD while traveling (in India) outside of this country, she has Advance Parole document with her.
Question is: Can she able to enter US without EAD?

My Wife status:
Current Status : AOS (H4 - expired) - Filed I-485
Advance Parole: Valid till 11/11/2010
EAD: Valid till 10/11/2010 (Lost):mad:


Appreciate your response.

Thanks
chingainfogc

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rjgleason

February 5th, 2005, 08:41 AM

Nice group of shop[ts but the first one is best. May I suggest that if you put your pics in the thread and request opinions or critiques, you may want to add what the shooting details are.

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senk1s

05-14 12:20 AM

2 cent questions ...

Is NSC processing EB3s regularly?

TSC is not processing EB2s as well ... are they working on EB1s only?

Is it because the Visa #s are exhausted for the period?

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gc_discussion

02-27 10:15 PM

Now working on H1b, 8th year
PD: Oct 2005
I 140: approved
I 485: pending
AP, EAD: approved

I want to change job to another employer.Can the new employer file an H1b for me based on my approved I 140. I prefer to be on H1b as traveling is easier and don't have to wait for the EAD, AP each year and the uncertainities invloved.

I would appreciate replies.

---

bobby123

12-29 12:50 PM

You have to go through the same process as a New H1B and it stamped in INDIA again and also get in touch with your new employer he should be able to give you the info you need. Their is no new form to be filled in.

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calaway42

10-05 01:37 AM

thanx! man lost, I learn least one thing from you everyday :D

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xyz

06-14 06:39 PM

Interesting findings in the USCIS Ombudsman report - 2007.

http://www.aila.org/content/fileviewer.aspx?docid=22650&linkid=162321

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fasterthanlight�

05-09 12:09 PM

Well, the second one could be anything, but when placed next to the first one it made sense.

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baburob2

01-01 04:55 PM

yes, that is right.

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shantak

03-01 09:45 AM

I am also looking for form I-131.
The current form expired on 02/282009, so they might be working on revision.

I agree with you. The current form expired on 2/28 so they might post a new form tomorrow

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mambarg

07-20 07:03 PM

http://www.uscis.gov/files/pressrelease/ReceiptingTimes20Jul07.pdf

According to this Aug 1st will be current for receipt notices ?
I am not sure if it includes all 485's filed on July 2 to July 20 ?

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theshiningsun

05-26 09:31 PM

hi attorneys,

which visa should an indian citizen apply for if he is seeking to start his own business in the USA?

i understand that the e-visa is not applicable to indians. is there an equivalent of the e-visa for indians seeking to do entrepreneurship in USA?

thx in advance,

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martinvisalaw

07-16 01:22 PM

My MTR was received by USCIS on June 25, 2009. Today I received an auto-generated email with case status update. My MTR has been denied :-(

Any advice for the next steps is appreciated.

What were you or the company applying for originally that was denied? More details please....

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aray

05-27 04:05 PM

Hello,

Has anyone used ICE MILLER as their legal counsel (immigration attorneys)?

I am planning to use AC-21 provisions to change jobs. My new employer is going to use ICE MILLER in Indianapolis to process my H1-B transfer.

I was wondering if anyone could share his/her experience with their staff and general suggestions. I would like to use them for any RFEs or filing any AC-21related documents.

Thanks in advance.

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CRAZYMONK

10-30 11:11 AM

Check whether Hialeah Florida is your employer Jurisdiction.

If so it might have transferred for background verification.

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Rune

May 20th, 2004, 02:54 PM

This shot... Well, I think I like it. It came out the way I intended to anyway, but nah... I dunno. Guys?

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gskang

02-22 11:50 AM

Hello There,

Thank you taking time to go through the details.

My green card application is family based and my spouse is a primary applicant. I have a EAD as of now and I recently got laid off on January 15th 2010. My H1B VISA expired on January 23rd 2010.

Issue: I recently applied for Advance parole and got rejected. Reason was given that my I-485 is administratively closed.

My laywer has suggested that I should immediately apply for H4 to save my status. I am really not sure what to do here. I am sure I will find a job in about 2 weeks but not sure if I will be able to get my H1B renewed or will be able to get a new H1B as I have already been counted towards the quota once.
I also read that it depends on the approval of I-130 but in my case I couldn't find I-130 for myself, even though there is one for my spouse which was approved in 2007.

My questions are:
1: What steps should I take to save my immigration status?
2. My EAD is not denied yet, should I start working on EAD or apply for H1B right away?
3. Can my H1B be renewed as it has already expired?
4. I have had a EAD for over a year and all of a sudden it may get canceled. Is there a way I can appeal somewhere as a mistake was made my immigration itself?
5. Have you experienced any cases similiar to mine and what were the outcomes?

Please, let me know your thoughts as your expertise can certainly help me save my career.

Thank you again for your time and consideration. I look forward to hearing from you.

Regards,
Gursharan

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skothuru

11-11 06:42 PM

We are in the same situation, filed 485 on July 8th at NSC & EAD/AP on August 12th using 485 proof of delivery. Received receipt notices, FP done, 485 transferred to TSC, but haven't received EAD/AP. Planning to take Infopass appointment.

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glus

09-07 02:02 PM

Even if they do issue an update today..so what? It means nothing. NSC issued an update it finished receipting July2nd filers 2 weeks back, and even today July 2nd filers get checks cashed.....

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franklin

08-24 03:12 PM

Nothing to either panic or get excited about. Its been happening to MANY people.

Most likely its a system wide update

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wandmaker

06-23 10:09 AM

You will say 'YES' for yourself and 'NO' for your dependents. Immigration petition is nothing but I-140, if any of your family members have filed I-140 then answer would be 'YES'

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sc3

08-14 01:45 AM

Hi all,

I think my scenario is little complicated.I have my I140 (EB3) cleared with previous employer and my current company has filed new labor and I140 (EB2). They are trying to capture the priority date of my old I140 approval (August 2006).

While my current I140 is still going on, can I apply for I1-485 due to sudden improvement shown for EB2 category in September Visa bulletin.

Please advice.

Thanks,
Vikram

I believe that is still possible. There is some talk about discontinuing the concurrent application process, but it is not a rule yet. so you should be able to apply. Talk to your lawyer about it.

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vnsriv

02-17 02:46 PM

Hi,
I have a pending I-485.
My case was file in jan 02. I have approved labour and I-140. I filed my I-485 in Jun 2005 and have an EAD and parole. How do I find when can I file my spouse's case.
Thanks

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nogc_noproblem

11-14 10:00 PM

Bump

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ram04

04-20 05:41 PM

Simmilar situation with my company- Company A merged with (B-India) and named as C .
We were informed all is well and taken care of with company's legal team.

Immediately after merger, I also got stamped in Chennai with old company name A in I 797 and enterd with I 94 at POE without any problem.

So it seems this may not be an issue. It isonly my opinion and personal experience.

Now a days many companys are following this route to cope up with new lottery H1 issues.

PD : Sep 04
I 485, I 140, Approved

- Ram

---

Blog Feeds

03-08 01:00 PM

Great tip from AILA for our H1B (http://www.h1b.biz/lawyer-attorney-1137085.html) filers trying to beat the rush. Because you cannot submit an LCA earlier than six months prior to the beginning date of the period of intended employment (20 CFR � 655.730(b)), if you want your LCA in hand before April 1, then set your employment start date on the LCA for a date in September, and set the expiration date for a date no more than three years hence. File the I-129 with a start date of October 1, but with an expiration date that coincides with the expiration date of the LCA. You will lose a couple of days on the back end of the petition by doing this, but you will get the LCA filed and back before April 1.

Example:

LCA start date: 9/1/10

LCA end date: 8/31/13

Form I-129 start date: 10/1/10

Form I-129 end date: 8/31/13

Due to delays in receiving approved LCAs, take the proper precautions and file your LCA early to avoid any undue delays.

Although under certain circumstances USCIS has agreed to accept H-1B petitions for processing that include LCAs that have not been certified, attorneys should understand that if the LCA submitted with the H-1B petition is eventually denied, the H-1B (http://www.h1b.biz/lawyer-attorney-1137085.html) will be denied, even if a subsequent certified LCA is submitted. This is even true where the denial is due to DOL error in not being able to verify a petitioner's FEIN. However, USCIS has also indicated that if the sole reason for failing to apply for an Extension of Status or Change of Status is due to DOL delay in the certification process, USCIS may look at the totality of the circumstances in determining whether to accept the late filing.

Bottom line is that getting an approved LCA before April 1, 2010 is crucial. Pay attention to detail and get the files ready in advance is a must.




More... (http://www.visalawyerblog.com/2010/03/h1b_visa_lawyer_getting_the_lc.html)

---

unbreakable

11-09 11:30 AM

Please forgive me if these kind of posts are not allowed (Admins, feel free to remove this post if this is not the correct forum).

I am getting ready to apply for PIO for our new born (born in US) but one of my friend mentioned about applying for OCI instead.

The information on eligiblity for OCI in the NewYork consulate website is little confusing. My question is since me and my wife hold Indian passports, would my new born be eligible for OCI?

Also is there something called CIO (Not Chief Information Officer)?

Thanks.

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mk26

07-14 08:26 AM

I have approved I-140 with PD MAY07 awaiting date to be current to file I485, now my company is moving to a new address,

Can anyone please tell me what will be the impact on my GC process and what I need to do? Appreciate your help on this.

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chanduv23

10-16 03:46 PM

^^^^^^^^^^^

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virtual55

01-15 10:55 AM

Hello guys,

If the employer is not willing to share your I-140 approval status with you, is there a way to find out this information from other sources?

I currently have my 485 & AP numbers but do not have I-140 number to track on the USCIS website.

Thanks for help in advance.

post the employer name and address so that other people will be careful working for him and also if employer comes to know about IV, he will stop these kind of things

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chinta_ramesh

02-19 03:16 PM

Dear All,

It seems my company had audit and my employer was asked to submit client letters for all employees.

Q's is will it have any impact on 485 process for the employees in case of any issues in the company in other areas ?

Please let me know.

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senk1s

11-12 11:00 AM

http://immigrationvoice.org/forum/showthread.php?t=5049

This is one of the threads ...

If you go to the main forums page - it lists all the sub-forums, there is one for self- filing. You'll find lot of guidance and experiences there

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Liz

06-28 11:31 PM

Dear Attorney,



My company is willing to sponsor me and I have a few questions regarding the occupation.

I have no professional degree but I have 7 years experience as a general manager. My boss spoke to one attorney who said that I can be in EB-3 skilled worker but he (the attorney) is going to put that at least 5 years experience is required. The company that I have been working for is an export/import Asian food company (65 employees; $100 million revenue) so my boss is not going to hire someone who has only 2 years experience. The attorney also wants to put that a foreign language (Korean) is required as I will be responsible for making orders from Korea.

On the other hand I went to a different lawyer who said that if I want to be in EB-3 skilled worker the 2 years experience is enough and if there will be a foreign language requirement, most likely my ETA9089 will be denied. Also, he mentioned that a GENERAL MANAGER requires at least a bachelor's degree (as stated in SWA OES).

I would appreciate your input.

Thank you.

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tosca_travels

05-12 06:59 AM

Dear All:

Details: Indian, in H1-B status. Current visa stamp in passport expires in mid July but employer is applying for the extension.

The situation: I want to quit my job late this summer and relocating to Asia. Before I leave this continent, I'd like to travel around South America and maybe even do some volunteer work. I'd love to travel for at least 1 and maybe even 2 months.

Ideally, I would like to re-enter the US after this trip and collect my bags before flying to India.

What are my options for re-entering?

1) Get new H1-B stamp in passport before quitting the job (though this would be kind of a pain/expense). Quit the job, ask the company not to cancel the visa and re-enter the US after the trip on the new H1 stamp. I am guessing this is a somewhat risky option as I would technically be out of status, right?
2) How hard would it be to switch to a tourist visa and get a new stamp in a country like say Argentina or Mexico?

What do you think my best option is or am I out of luck?

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andy garcia

11-19 11:59 AM

Does anyone know if there would be some kind of record about
when and how many times we have spoken to the IIO.

Like will a IIO be able to look at one's receipt# and say if they have spoken to an IIO earlier that day or whenever that is?

Thank you.

Every time that they talk to you, they log the date of that conversation.

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CADude

08-22 11:57 PM

Please consult qualified attorney.

I've recently filed my 485.

In my labor and I140 I have my job title as ' Data ware house architect'.

My H1 says 'Programmer Analyst'. So while applying my 485 I menationed my current occupation as 'Programmer Analyst', which is different from what my labor and 140 says.Will this create any problem?

Please advise.

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jliechty

April 1st, 2005, 08:39 PM

Why not pick out one or two of your favorites (or perhaps instead, images that are technically fine but that you don't like and aren't sure why) and post them here? I'm sorry, but I certainly won't be taking the time to wade through a gallery of hundreds of images that look almost exactly the same, let alone writing critiques for each one (which is what I assume you were asking for, having posted your site in this particular forum).

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mbawa2574

12-19 09:08 PM

sorry to break it to you - but he's quitting a very happy man as every other rupublican is trying to 'out-tancredo tancredo' as he himself put it. he's done his job and poisoned the atmosphere which is all he wanted to do.

I disagree . He thought his immigration stance will take him to white house. He earlier announced that he will not run for congress again. Poison can be taken care of as long as you kill the snake so that it does not bite other people.

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days_go_by

09-12 07:34 PM

I think she is ok, getting an H1-B approval doesn't mean that you have to start immediately. for e.g, many of the Indian tech companies get an H1-B at the start of the year and when they have a need for that person in US, send him/her over.
Only after her first payroll would she be considered on H1-B.
These opinions are as per my understanding, please correct me if I am wrong.

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GotGC??

02-28 03:39 PM

It is not an issue for people of Indian origin who are returning, of planning to return, back to India for whatever reason. They are the lucky (?) ones to have either a Indian passport or PIO card or OCI card so they are eligible to work on that basis.

But how about those who do not qualify for one of the above? There is an increasing number of foreigners working in India - how do they become eligible to work in India? Is there an equivalent of an H1B, or may be oneday GC & Citizenship?

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immi_seeker

08-31 06:08 PM

I took an infopass appointment last october and my FBI name check status was pending. After seeing the USCIS memo on march4th that all namecheck pending for 180 days has been cleared by feb 28th 2009, i went again for an infopass appt last week. IO toldme that my namecheck is still pending.

So i contacted my senators office same day and sent all my info along with the USCIS memo. Next day senators office called me back and told me that they called USCIS and came to know that my name check has been cleared. Senators office told me that infopass information could be wrong or may not have been updated.

IS that a possibility ? any inputs ?


I took infopass again last week and the IO told me the FBI name check is still pending. My lawyer initiated and inquiry to nebraska serv center and got following notification

"CIS electronic records indicate that both applicants have current Fingerprint results and FBI name checks"

Does that mean FBI name check is cleared?. If yes why infopass showing wrong thing?. Also i had only one FP done, that was in sep 2007.

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Blog Feeds

05-14 08:00 AM

After a week full of outrage about the Arizona Immigration law, we are happy to report about an opposite spirit coming all the way from the state of New York.

Gov. David Paterson stepped into the immigration debate Monday, saying he would create the nation's first "pardon panel" to investigate requests of legal immigrants facing deportation because of past convictions.

Paterson, proposing the measure as the nation is embroiled in conflict over an Arizona law that critics say would encourage racial profiling, said he would pardon immigrants if they meet requirements including rehabilitation and demonstrate they're not a danger to society.

Paterson is seeking to combat what he calls harsh and rigid federal measures that result in deporting of immigrants who have shown considerable rehabilitation. Arizona's measure makes it a crime under state law to be in the country illegally.

Paterson said he will seek to use a governor's pardon as a tool to blunt what he called the rigid federal rules for deportation even of immigrants who have successfully engaged in a new life in America. In March, Paterson pardoned Quing Wu, an executive and Chinese immigrant who as a teenager was convicted of a smuggling.

We hope more states will follow this trend, and focus on the real effort - Immigration reform now.

Read more here (http://www.nytimes.com/2010/03/07/nyregion/07pardon.html)




More... (http://www.visalawyerblog.com/2010/05/san_diego_deportation_lawyer_n.html)

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delhibaba

07-24 11:46 PM

My new employer doesn't sponsors/transfers H1B visa. And my priority date is Dec 04 EB3 so I don't think that I would be getting my GC in near future!

As per the job I know this one is the safest since the new employer has never ever laid off employees in its entire history. So, I'm not worried about the job security, only thing which scares me is that if there is some problem in my I-485 and I get a denial whether I would be able to switch back to H1B?

Worst case scenario my wife has a valid H1B and I can switch to H4 and probably wind up the things here :-)

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eb3retro

03-22 03:52 PM

Hi,
I have AOS and was recently laid off from my job. As I haven't found another job by the removal-from-payroll deadline, my H1B will expire. My question is, once I get my EAD, can I apply for a new H1B. The motivation is that I can bring a spouse over on a dependant visa only on H1B but not on AOS. How should I work this out?

Thanks

update ur profile.

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mrajatish

06-21 01:38 PM

There is a 245(K) provision that will save your wife - research that and ask your attorney to file 485 for her with that.

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chem2

08-11 03:52 PM

this link says that minors over 14 need to sign their own forms.

please verify this with your lawyer or official I-485 instructions (you should be able to find instructions on the uscis website) before you use this as gospel!

http://www.hooyou.com/news/news081007sign.html

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dealsnet

10-09 08:37 AM

Better to send the GC to India and he can enter with that GC.
His wife's GC is through his and her stay here depends on him.
So don't go for the route, to file for him as her depenant. This will make everything screwup.
Many people entered after their GC approval.

u cannot use Canada PR to enter US. If he left US without AP then his application for adjustment of status is considered abandoned.

spouse can file new application in dependent category. the dates for dependent category have come quite close since last 6 months. he could expect a GC in 6 months !

talk to a lawyer about dependent 485.

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uimv

12-12 09:00 AM

Hello,

After getting Employment based Green Card in EB3 or EB2 category:

1. When is the LATEST you should start working for sponsoring employer ?
(e.g. If card received on 3rd of the month, do you HAVE TO start same month or can wait for a month or so ?)

2. If salary, after GC, is lesser than mentioned during Labor stage, what problems will it cause for:
- GC renewal ?
- US citizenship ?
- OTHER problems (GC Cancelation, Deportation...)


3. What if, after GC, sponsoring employer gives termination letter with:
- NO reason ?
- reason stating bad economy ?
Please tell, for each case, what problems will it cause for:
- GC renewal
- US citizenship
- OTHER problems (GC Cancelation, Deportation...)

Thank You.

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