Saturday, June 11, 2011

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  • waitnwatch
    07-06 11:31 AM
    Thanks for your answers. I will consult a lawyer but I have to find one in the first place as I did a self filing.

    My PD is current as my I-140 was filed under EB1. My I-485 was received at NSC on July 30, 2007.

    Any other suggestions are most welcome.





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  • vishwak
    02-11 01:18 PM
    You need to verify what they are feeling and why they are filling in forms.

    Should have knowledge of process and you should be fine with any Attorney.
    Unless you go to THE CHEAPEST ATTORNEY who never has experience in handling tough scenarios.





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  • eb2_mumbai
    10-15 07:55 PM
    This is what I can speculate from logical point of view. There can be an 2nd RFE which is basically seeking more clarification on an earlier RFE. These kind of RFE will be pretty much immediate to the preceeding RFE (within 1 -2 months)

    After that hopefully there should not be any unrelated RFE with the assumption that IO has taken a complete look at the file before issuing a RFE. We do not want a RFE for BC and when that is replied IO sending another one for Medical or Marriage Certificate. We should reasonably assume that IO has taken a good look at the application before sending RFE.

    But we can expect RFE for cases that are current. The reason being most of these cases might be lying with CIS for over 2-3 years before getting current and considering the current state of economy they might issue a RFE for updated EVL to check if the person is still working. That is again just a pure guess no one knows how CIS works in reality





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  • DallasBlue
    09-01 11:07 AM
    yes it looks like a boiler plate RFE. you will just need to be cautious with the information you are giving to RFE and Make sure it is consistent with what ever you provided earlier.

    Also, get your collegues/managers from previous company to give you letters stating that you worked with him/her for that company during the stated period. Like explained above get as much consisten evidences liek w2's pay stubbs for that period. For the Ability to pay , have your company get with the CPA and prepare those statements.

    dont panic, roughly 3 out of 10 do get RFE's. guess it has become more common with the increased workload ...



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  • raj1998
    02-06 08:37 AM
    My colleague paid $340 recently for renewal of EAD. He was July 2007 AOS filer.


    But I read this on http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCR D

    "If you are filing for an extension of your Employment Authorization and your Form I-485, Application for Permanent Residence, was filed before July 30, 2007, then you must pay the $340 filing fee."

    So I suggest check with Lawyer.





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  • Sakthisagar
    11-09 01:41 PM
    I am sure many of you would agree with the below observations -

    I lost money in the 2001 stock market because I believed that the market could never down based on all the glorious research reports..

    I lost money again in 2005 as I bought a house believing that a house value can only go up, again reading all the real estate boom that was happening around.

    Now, I keep reading that the Indian market is oh-so good that everyone should go back to India to live in the villas and ride around in the chauffeured cars:)

    Hmm, as always, I have been the last one to get on the boat before it went under. So, with all pun intended, what Indian ETF should I start investing and when should I buy my one-way ticket :rolleyes:

    As my mom always says - Mountains always look smooth from a distance. This time I think I will stay put and wait it out for my GC..


    Good one, I gave you green for this :D If US is no more attractive, then no one see the queue and hue created outside the consulate just for a Visa interview. If any one repeates in media 1000 times that infosys is not a "Chop Shop" it will never come out that way.:)



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  • kshitijnt
    04-16 11:59 AM
    Best thing to do is, go out, take a stamp and reenter. No harm in that. If the I-94 is not attached to the approved L1A, then it is illegal otherwise it is legal.





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  • permfiling
    01-15 09:48 PM
    There is a immigration reform bill in 2009 . Check this out

    http://lawprofessors.typepad.com/immigration/2009/01/first-ten-senat.html

    Is IV contacting the senate/ house?



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  • redcard
    08-20 09:22 AM
    My 140 was approved in 2007 and today I got a text message on phone that my application is sent to Nebraska, NE to review and status changed from Approved to Initial review.

    Had any one been in same situation or had seen this before with some one else?

    You have been current for a long time based on your profile.. did you check what is the status of your I485 application





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  • Michael chertoff
    04-26 02:35 PM
    Why did we all come to USA?

    Did any of you knew the Green card problems when you came?

    Did you know the problems when you applied for greencard many years ago?

    When was the first time you found out there was a ling wait period and so many problems?

    Brother, just relax. Take a deep breath and try to take a nap.. you will be OK. I can understand your frustration.

    Get well Soon my friend.

    MC



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  • prabhu07
    05-21 12:42 AM
    (a) I am currently in L1 and have a priority date of May 2004 and I am in EB3 category

    (b) I have an approved I-140

    (c) My 485 has not been filed yet

    (d) I just got my H1 approved and it would be effective from Oct 1 2008

    So, if I change my current job from Employer A to Employer B and if Employer B agrees to take over my Green Card Process,

    1) Should I re-file my I-140? (I presume the answer is Yes, but don't want to be a smart a**, wanted to get it clarified to the maximum extent possible)

    2) Will my current Priority Date be carried over? That is, can I re-file my I-140 with my new Employer B with the same priority date of May 2004?

    3) If I can move from Employer A to Employer B and file my new I-140, should this be done asap and before Employer A revokes my current approved I-140?

    4) How much time does it take when I file I-140 with premium processing? (I can probably find this from USCIS website, but wanted to know real-time experiences)

    5) Within how many days of joining my new Employer B should I file my new I-140?

    6) I understand that the Employer A can revoke my I-140 and use my approved labor for any other viable applicant, but I also know that the Labor Substitution concept ceased to exist from July 2007. What is the benefit for my Employer A to revoke the I-140?

    7) Last, but not the least - Should I file for a new labor where I will get a new Priority date and go back to that (god forsaken) square 1?

    Thanks in advance for your time and I am finding it difficult to assimilate the answers from various posts.





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  • krajani2007
    08-15 11:25 AM
    I work for company A. I found a project for myself with X through another company B. (The end client is X and the middleman is B. My company A has contract with company B NOT WITH company X (end client)

    I have an offer from end client X and my company is in the process of suing me in Virginia as I have a non-compete agreement not to work for client/end client or client's end client.

    Has anyone come across such situation. Please help me.

    I work on hourly rates and don't get paid if I am on bench. Can this be used nullify the contract as this is not legal on H1.



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  • waitingnwaiting
    09-30 11:08 AM
    Are EB2 Indians Losers and EB3 Indians locusts?

    I found this in Chinese group.
    http://www.mitbbs.com/article_t/EB23/31240163.html

    Copy this URL in any web translation service and you will see.


    Title: initiate talk about 7% - 10%, and recapture of EB2 / 3 CI of letters points: BBS Unnamed Space Station (Sat Sep 25

    7%- 10% 和recapture对EB2/3 CI Gods now put forward two options, initiate talk about 7% - 10%, and recapture of EB2 / 3 CI effect.

    1 7%- 10% 17% - 10%
    This program is not the pie bigger, just change the way the bread. Winner:EB3C; Loser: EB2I Winner: EB3C; Loser: EB2I
    对EB3C明显利好,估计通过的话,2 ,3年EB3C 可能赶上EB2C!!! Significantly positive for EB3C estimated through, 2, 3 EB3C could catch EB2C!!!
    对蝗虫一样的EB3I基本 意义,多1200基本名额杯水车薪。 EB3I on the same basic meaningless locusts, drop in the bucket more than 1200 basic quota.
    对EB2C短期难以预料,长期略有好处。 Difficult to predict on the EB2C short and long-term slight advantage. 这个方案本质上是把全世界剩余名额给中印墨菲三类多给1200个。 The program is essentially the world's remaining three places to give Murphy and India 1200. 因为以前全世界剩余名额全给了中印二类,现在中印二类 少了约5000个! The remaining places in the whole world because in the past to the second category in India, China and India are now two categories for about 5000 less! ! ! ! ! ! ! 。 . 虽然中国二类多了1200基本名额,但由于中印捆绑,EB2C从剩余名额分的 更少了! Although China's 1200 basic quota of more than two categories, but because India bundled, EB2C points from the remaining places for even less! ! ! 长期来讲,经济恢复后,剩余名额会减少很多,EB2C多的1200也许能够补偿从剩余名额少分 的数额。 Long term, economic recovery, the remaining places will reduce a lot, EB2C 1,200 more places may be able to compensate for a smaller share from the remaining amount.
    EB2I, BIG LOSER! EB2I, BIG LOSER! ! ! ,其他国家多的, 是EB2I少的! , Many other countries, is EB2I less! ! ! ! ! ! !


    2 Recapture 2 Recapture
    把饼做大了,对所有的人都有好处。 The pie bigger for all the people are good. 如果把自2000年浪费的名额拿回来,全世界二类、三类都没有排期! If the waste places since 2000 to get back to the world II, III are not waiting! ! ! ! ! 这个方案对EB3I影响最大,因为EB2C/I 还有盼头,EB3I已经在深渊里呆着了! The greatest impact on the EB3I this program, because EB2C / I also rewarding, EB3I has been left alone in the abyss!



    大家可以理解谁在大力鼓动两方案了吧,没有 缘 故的爱,也没有 缘 故的恨啊。 We can understand the two programs who strongly encouraged it, no love for no reason, no reason to hate missed ah.





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  • roseball
    03-08 09:21 AM
    looks like employer failed to file updated LCA,i am not sure if an updated lca WILL HELP.

    Since its not the beneficiary's mistake, your brother could either try to apply for a H1 through a new employer (preferred) or could try to apply for H1 again with the existing employer and then have her wife attend H4 interview again once its approved. Chances are that your brother might get the H1 approval without an attached I-94 so he will have to attend a H1 visa interview in the home country before starting work again. So they might end up attending H1/H4 interviews together.



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  • redddiv
    07-16 08:57 PM
    i think its possible, but i guess you will still need to get a good attorneys advice on this one.

    i am no bodys agent, my advice is only what i would have done if i were in your position.

    Has anyone and their spouse both filed for 485s while listing each other as beneficiary as well?

    Is this possible?





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  • amitga
    10-26 10:27 AM
    Hi Seniros

    My 6th year h1b is expiring on April 30, 2008. I applied labor through PERM on October 1, 2007. How to stay legal in this country until approval of 140. Converting to F1 or B2 will cause any problems to green card process. Please advice.
    Thank you

    Take a five month vacation between now and Apr 30, 2008 and go back to you home country for five months.. Then get you H1 extended for Five month after Apr 30, 2008 till Oct1, 2007. Then apply for extension on Oct 1, 2007. I think this might work. Check with your Attorney.



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  • sk.aggarwal
    03-24 11:36 AM
    My 6 years + recapture time will end in April/May 2011. I am just frustrated with the process.





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  • bikram_das_in
    09-03 06:21 PM
    My employer filed 7th year extension of my H1b and the receipt date is Aug 10. My current H1b expires on Oct 12th.

    Did anybody do 7th year extension recently? How much time it takes? Did anybody get 3 years extn with approved I-140?





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  • painful_GC
    03-11 03:10 PM
    hi..Many thanks..this is an excellent information..I was suggested to wait for the H1 Decession and then get L2 status.Good to know that we can do L2 and EAD cocurrent filing.is there any URL about this information ?? Secondly..

    If i go with required documents to india and get stamped how long do u think it takes??





    gc_kaavaali
    07-27 07:17 PM
    When applying for H1B did u also apply for change of status? if you did you can start work on H1B from october onwards. If not you have to get out of the country and get it stamped.

    I came to USA on L1A through company A in February,2008 and working on L1 A till date.My I-94 is valid till feb,2011.

    I filed H1B through company B in April,2007 in India and got approved petition in August,2007. That approved petiton is with my company B in USA.I have not gone for H1 B stamping.

    Now I want to switch to H1 B in USA.I was told by my friends that,I can work on H1 B with my approved H1 petition.and I need not to go for H1B stamping.
    I need to get visa stamped only if I goto India and to come back USA.

    Can I work directly on my H1B petition with out stamping visa?

    Incase, stamping is required, Shall I go to canada/Mexico for H1 B visa stamping.

    Can I come back to USA with my L1 visa from canada/Mexico incase H1 b visa not issued? or shall I need to go back to India from Canada/mexico it self?





    pbojja
    10-13 02:01 PM
    http://ap.google.com/article/ALeqM5joRRCZn_Du7r-_F3AFHt3eicyQ1gD93IMS1O0


    This is ridiculous , If you are having 11 -26 year old kid or wife , you should be outraged . Dont risk the life for GC , I know its just a vacination but why only for immigrants ?they want to test the vacination on immigrants ?

    If you have a kid do a i-report to CNN , get the attention of media , write to 60 minutes.



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