Thursday, June 23, 2011

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  • desi485
    07-27 12:04 PM
    I forgot it initially and later realized that. fortunately my lawyer was still reviewing my papers (almost 4 weeks). so I sent him new copies. He included new copies and discarded old one. .Also some one told me that it should match what you specified in DS-156 at the time of visa interview. IS THIS TRUE?




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  • Canadian_Dream
    06-18 02:31 PM
    That's NOT right. AC-21 Yates Memo states that:
    As long as your I-140 is not revoked and your I-485 is NOT adjudicated with in 6 months, you are covered by AC-21 portability law. That means you can change jobs before six months (with or without EAD) and still continue with you GC process.

    The chances of I-485 being adjudicated in six month is quite low. Stick to your current job for 2 months, remain on payroll for few months by forgoing PTO/Severance. That would give you 3-4 months. Then change your job with H1B and let your I-140/I-485 continue as it is. Send AC-21 letter at the end of 5th month. I think you should stick to your current employer.

    Please check old thread on AC-21 discussions and the following link should be useful.
    http://www.murthy.com/news/n_yatmay.html





    To invoke, AC21 you should have filed 485 and passed 180 days.

    In your situation, I would go with the new employer if he is ready to file the labor today(ASAP). If he has the ad already running for a month, then you should be able to get the LC approved within a week.

    Then file 140 in premium and wait with all 485 docs ready. if you dont get 140 approved before July end and if the bulletin retrogress, then go ahead and file 485. If the bulletin does not retrogress, then wait till 140 gets approved and file 485. PORT THE PD.

    If you dont want to wait, the file 140 and 485 togather. But 140 in regular is unpredictable. If you file in premium then you can get H1 for 3 years later and also you wil get EAD faster.

    CONTRIBUTE TO IV.




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  • sayonara
    10-15 12:23 PM
    Called USCIS and generated a service request 10 days back...no LUD since then either..frustrating...




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  • abdulazeez77
    08-14 06:06 AM
    On reading my last post again, I don't think it is very clear. Let me try to explain again. When my wife comes back into the country, she needs to get a new I-94 at the port of entry. One of my friends mentioned that there is a possibility that the officer could mistakenly stamp the date on the new I-94 card as the same as on my wife's visa stamping (Dec 2007 as per my prior employer). In order to avoid this, should my wife pre-emptively submit her passport as well as transferred I-797 and I-539 and request the officer to stamp the new dates on the I-94 (Dec 2009)? Please advise.

    Regards,
    Azeez



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  • gatec77
    07-18 05:19 PM
    Since his i140 is approved he should be eligible for H1B 3 yrs extension. I think it does not matter even if has changed employer.




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  • needhelp!
    03-12 11:06 AM
    Surely we know each other then!! :)


    I personally know Sandeep from his BE/Work days.
    Good job.. Yeah!



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  • abqguy
    09-24 10:28 AM
    My problem with these hearings is that they play soccer with the interests of immigrants. There are pro and anti immigrant views in discussion.

    Enforcement is all about closing the borders and deporting immigrants. But why do we not see hearings to discuss and introduce bills that fine the employers and put them in jail if they hire an undocumented? But nobody, not even the anti-immigrant groups are pushing for such a bill. A lot of undocumented problem will be solved if employers cannot hire undocumented. We call immigrants as illegal, but why can't we use the same standard for employers who illegally hire undocumented?

    Secondly when they talk about legalization and path to citizenship, there is no country limits for them. But as soon as we talk about removing country limits in front of the same people, we hear talks about diversity etc.

    The same people who favor legals in such discussions, become anti-legal when they have a chance to do something for legals. Why a simple bill like recapture not introduced by these same people till now?

    Overall Immigration is more about politics, votes than actually solving a problem. If these folks are serious about fixing a problem, a lot could have been done till now. We need to hear more action than just talk.
    Pappu, I can't agree with you more....

    VERY WELL SAID!




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  • wandmaker
    02-25 01:34 AM
    Dear friends,
    I have a situation here and it may not be very different from what many others are facing as well. But just that I am not sure what I should be doing now.

    I have a H1B visa and I am working for a company in NY state. I will be leaving the company on this Friday (laid off) . My company has informed me that they can hold my H1B for upto a month after which they have asked me to leave the country if they cant find another assignment for me.
    My question is :
    1) Can I transfer my H1B to some consulting company , that can atleast hold my H1B so that I stay in status? If anyone knows any info on some good consulting xompanies in NYC , that would be very helpful info for me.

    2) My wife is on H1B as well .. If I go as a dependent (H4) on her (in case I dont find a job) , will I still be able to shift to H1 in the middle of the year or should I wait until Apr 2010 until the qouta opens? I also would like to know how long it takes for a H1 to H4 transfer and what are the procedures for the same.

    3) Can I go from H4 to F1 and then back to H1B when the qouta opens in Apr.

    Thanks a lot for your time. I appreciate your help in this regard.


    File COS to H4, while you have the active paystubs and transfer back to H1 when you find job. Given the current situation at all front, this is the safest bet and most importantly you are not breaking any law.



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  • Libra
    07-11 08:20 PM
    :D :D :D :D

    Anyway, no CONDI please, I love to send flowers to BUSH, i see him as only hope.

    That ugly women need some veneers for the gaping hole on her front teeth, not flowers. :D




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  • pcs
    07-19 03:44 PM
    As long your affidavit of language competency is notarized... you are fine



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  • NikNikon
    September 7th, 2006, 05:37 PM
    I guess I was doing this technique before I knew it's offical name, here's the last shot I recall.

    http://www.dphoto.us/forumphotos/showphoto.php/photo/40657/ppuser/931

    Silly me, I did it the hard way, hand held. :confused:

    P.S. Jeff, don't feel bad, I started out with one of those cheap Wal-Mart tripods too. Now that I have a good one the old cheap one comes in handy for my remote flash. So don't throw it out you may be able to reuse it one day.

    confuse [Archive] - Immigration Voice

    View Full Version : confuse





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  • gc_chahiye
    12-18 12:49 PM
    I dont think its as simple as choosing between EB2 or EB3. It would depend on your job description and which category the job qualifies for. Not all jobs would qualify for EB2. You should consult an immigration attorney to discuss your case.

    good point. Also keep in mind:
    - you can recapture your PD later. So if your case for EB2 is not that strong, go for EB3, get your PD locked, then a couple of years down the line you can go for EB2 and recapture this older priority date.
    - recently the number of PERM audits have gone up, and EB2 ones especially (talked to our company lawyer, and even saw lots of posts on this forum). If the position does not justify EB2 or its hard to justify, you need to be careful and conservative.



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  • permfiling
    10-04 10:57 PM
    I am planning to go to India with my family in december. Please suggest some tourist spots across India.
    Not the usual ones like tajmahal or gateway of india etc. Thank you.


    Well you have telanganaindia as your ID so you can visit Andhra Pradesh :-)




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  • pagalForGC
    06-17 03:54 PM
    Thanks Veni001. Yes, I did file for AC-21 when I changed my employer. Are there chances of my old I-140 cancelling even after fillinf for AC-21?

    Thanks...

    As far as i know H1-B is not a requirement, but having it provide you fall back option. If you have not used AC21 and your old I-140 gets canceled( for any reason) before new I-140 approval, you will land in trouble.

    The employer has to prove that there is a EB-2( Master's/Bachelor +5 yrs) job available and he can not find a qualified US Citizen/Permanent Resident for that job to get new PERM approval. DOL checks PERM job requirements against their database, and most of the time software jobs with Job descriptions of Master's or Bachelor +5 yrs required gets audited by DOL so we can not really predict how long does it take to get PERM approval.

    After PERM a second audit on job requirement comes from the USCIS at I-140, once these two hurdles passed you need to send a ltr to USCIS to port I-485 category and date.

    Based on the posts on this forum, if no audits, PERM is getting approved in about 8 months and I-140 in about 6 months.



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  • TO BE OR NO TO BE
    10-22 08:33 AM
    Just curious! I think with the new job one can start EB2 Process and port the existing PD. right?

    Yes. I consulted a famous laywer earlier this month on this issue. She mentioned to me that normally USCIS don't have any issues in porting even if your previous I-140 is revoked, but law allows them to not let you port the PD (only in the case if previous employer revokes I-140). Just to clarify though, previous employer's I-140 withdrawal does not effect your existing green card processing as long as I-140 was approved and 180 days have passed since filing of I-485.

    I hope this helps.




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  • sanjay02
    05-22 06:04 PM
    Hi
    I had filed my I-485 in Jun 2007 my PD is Nov 2005 and was called for an interview at the local USCIS office in Feb 2009. My I-485 was pre-approved, now I am about to apply for AP renewal.

    The question I have is which service center do I mail in my AP renewal docs? My original application was filed in Nebraska. So do I file it there or send it to service center in Missouri? Can any one who has similar experience post the answer to this?


    Thnks
    Sanjay



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  • meridiani.planum
    03-10 08:21 PM
    Hi,

    I have filed 140/485 for myself and wife as dependant. Unfortunately, there is a RFE on 140 and wife still has not recieved the EAD. I have just realized that my wife's H1 B 6 years will expire in another 4 months.

    What are the options to extend my wife's H1B beyond 6 years as she doesnt have the LC on her name.? I have another 2 years left on my h1b.


    Please adivse.

    Thanks and Regards

    the only way to extend the H1 is to:
    - have an LC >365 days old
    - her I-140 approved

    Without either of those she does not qualify for H1 extensions. Best bet if EAD takes longer than 4 more months (should not, most people have got it within 90 days) and she cannot stop working for a while might be to try and recapture time spent abroad (to fully utilize the 6 years). If you were on vacation or travelling on business, hten all those days spent abroad can be used as additional H1 time. if thats been 4-5 months in ht elast 6 years, it might be worth recapturing...




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  • vjmjaan
    08-29 12:29 AM
    Guys,

    http://shusterman.com/cgi-bin/ex-link.pl?www.uscis.gov/files/pressrelease/UpdateDirectFiling062107.pdf

    As per the Direct filing update on 21st June you can file your 485 at any center regardless of your place of employment or residence or 140 approval.

    So dont worry, your case will be appropriately transferred to the correct service center.

    Let us concentrate more on the DC rally.




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  • ajp5
    02-25 12:56 AM
    Sorry to hear about your situation. Many people are in a similar boat. Even though it may not mean much now, only tough times like these give us an opportunity for introspection & give us a chance to improve our lives. So hang on. all the best. answers below.




    Dear friends,
    I have a situation here and it may not be very different from what many others are facing as well. But just that I am not sure what I should be doing now.

    I have a H1B visa and I am working for a company in NY state. I will be leaving the company on this Friday (laid off) . My company has informed me that they can hold my H1B for upto a month after which they have asked me to leave the country if they cant find another assignment for me.
    My question is :
    1) Can I transfer my H1B to some consulting company , that can atleast hold my H1B so that I stay in status? If anyone knows any info on some good consulting xompanies in NYC , that would be very helpful info for me.
    If you go after 1 month you will need paystubs for that month. Transfers are a little difficult to come by these days, specially the ones related to consulting companies. Try and find a job asap and make sure you paper work(stubs,new company) is upto date

    2) My wife is on H1B as well .. If I go as a dependent (H4) on her (in case I dont find a job) , will I still be able to shift to H1 in the middle of the year or should I wait until Apr 2010 until the qouta opens? I also would like to know how long it takes for a H1 to H4 transfer and what are the procedures for the same.
    Yes h1 to h4 is possible. Might take around 3-4 months. Cant leave US till you get a response. You can come back on h1b when you get another job. You will not be counted against any cap, will not have any time limitation and period spent on h4 will not be counted against your h1b time. However USCIS knows people are doing this so ofcourse there is increased scrutiny while going from h4 to h1

    3) Can I go from H4 to F1 and then back to H1B when the qouta opens in Apr.
    I understand you are trying to throw all you have here but changing status from H1 to H4 to F1 to h1 will raise red flags. ofcourse can be done but dont expect USCIS to be happy about it. They might throw a bunch of RFEs so make sure your case is solid.

    Consult with an immigration lawyer - that will be 200$ well spent. This is no joking matter. You need good advice. This forum can give you an idea but what you really need is professional advice

    Thanks a lot for your time. I appreciate your help in this regard.




    cbpds
    08-05 02:23 PM
    Guys as gk_2000 said it does not apply to us
    Log In (http://www.uscis.gov/portal/site/usc...0048f3d6a1RCRD)




    peer123
    07-18 07:36 PM
    just bumping it up......



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