Monday, September 26, 2011

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  • amit_sp
    08-27 09:04 AM
    Cleopatra is absolutely right. You could use the job experience from your existing employer if your new responsibilities are 50% different than the old one. I have spoken with my company lawyer and he was the one who provided me this info.

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  • iv_only_hope
    02-08 09:07 AM
    One thing I would like to know on those lines assume yours is true that cases do not go to officers unless PD current. So how does it work. Lets say today PD is 2003. Tomorrows VB PD becomes 04. So assume 2 cases one with RD apr 07 and one with may 07 both with same PD 04. Would april case go to him? What if during one month period VB rolls back. If hes not done would he keep case back?

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  • singhsa3
    11-04 12:28 PM
    Remind me again, why do we pay these attorney big dollars for??
    This is one BIG STUPID mistake by your lawyer that can potentially ruin your life. I am hoping for the best for you on the other hand I wish the stupid attorney of yours should be sued in case your application is not accepted.

    Hi, my 485 was rejected initially for "misisng or incorrect fee", per the rejection notice my attorney refiled the app. When refiling the app he sent two checks, one for old fee and the other to make up the difference for new fee. So, USCIS has an option to choose. Now, the Supervisor is insisting us to show evidence of a check being sent (or cashed) in the first place. The Supervisor has asked my attorney to take the time he needs and respond via fax once he's done reconciling. Now, that all the applications have been processed, my attorney has been able to reconcile the check register and confirm that they missed to send the check with my application. He is planning on writing an aplology letter to the Supervisor, do you folks think that Sprvr might receipt the app or reject ?

    Given, the July fiasco, Fee increase, and the number of applications attorney's had to process these clerical errors are bound to happen I doubt if USCIS will show any leniency in this. Please let me know if any one is in a similar situation.

    If the supervisor rejects the application (as its incomplete) what would be options ? Can I write a letter to USCIS director and explain him the situation and ask him to reconsider it ? Bottom line, why cannot they give us a second chance. It's evident that USCIS has done mistakes as well (improper fee rejections etc). I do understand that there is no law requiring them to return my app on time (in fact they kept it for 95 days before they rejected), if they returned my app on time I would have had a chance to return it back with fee. Any thoughts ? Thanks.

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  • sayantan76
    05-31 09:04 PM
    A friend of mine just came from India. Works for a bodyshopper. He is transferring to L-1A so that he can file in EB-1 multinational manager. Is this possible? What are the minimum requirements for EB-1?

    If it is possible this guy will be laughing a year from now, gc in hand, while we all fume and fret over retrogression, labor, i-140 etc..
    My company has filed for EB-1 multinational manager for me.....I was on L1A earlier. I dont think the process is as fast as some folks think......specially since for EB1 manager category I140 premium processing is not allowed......

    I guess the requirement for L1A is that one should be managing a business, people and processes...... and should have been employed in managerial capacity for the same company outside US......once L1A is done (it takes 5-6 days under premium procesing) understanding is that it establishes a strong basis for EB1 filing


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  • Steve Mitchell
    March 3rd, 2004, 12:51 PM
    Glad to see this happening. Critiquing and being critiqued are great ways to improve.

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  • GreenCard4US
    08-21 02:40 PM
    Sorry about the dates, I have corrected them.


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  • desi485
    01-08 01:20 PM
    If you have the case no. go to online case status and take the print out of approved notice, that should serve you purpose hopefully if you don�t have a original copy

    I do have case number for I-140

    I also took printout of online approval status using the case status number.

    But what about labor cert?

    I have no idea what was filed for me? job description or salary req.???

    All this time I was thinking I am ready for AC21 if needed, but if above is true, I am in trouble. (so many others have same issue)

    why we need photocopies? WHY USCIS expects us to have those? They are considered employer documents and most established employers do not share them with employees?

    Any one has any idea? Any links? Any official link which states that we do need to have photocopies?

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  • andy_traps
    03-20 03:20 PM
    The Orange County Register has an article about Immigration related policy making (CIR?) that is going on behind the scenes.

    Agreed that this is no New York Times or Washington Post report, but hey some news is better than no news at all, don't you agree?


    The text of the article:

    Kennedy says immigration bill will happen
    California's Assembly Speaker meets with veteran lawmaker as part of Washington lobbying trip.
    The Orange County Register

    WASHINGTON Just because a comprehensive immigration bill has not yet been introduced in the Senate that doesn't mean the issue has gotten off the track, Sen. Edward Kennedy said today.

    The Massachusetts Democrat said bipartisan negotiations are continuing both among the members of the Judiciary Committee and with the White House. The veteran lawmaker has made the calculation that it's better to get as much agreement on the elements of what is likely to be a complex and controversial bill before it gets introduced than after.

    "It is the judgment of those who want the bill that the way we are following is the fastest way of getting the legislation,' said Kennedy. "Obviously we have to consider it on the floor in May or no later than June.''

    Kennedy spoke to reporters about the status of an immigration bill this afternoon after a meeting with California Assembly Speaker Fabian Nu�ez and Assembly Republican leader Mike Villines. More than 30 state lawmakers are spending three days in the nation's Capitol, lobbying federal officials on issues ranging from education to the environment to immigration.

    "We believe states like California are disproportionately affected by immigration since we have such a large population of undocumented in our state,'' said Nu�ez. "But we also believe these undocumented immigrants, whether they come here legally or not are a contributing factor to California's economy. We have hundreds of thousands of families that are looking forward to a comprehensive solution to immigration reform. "

    Villines attended the meeting with Kennedy but skipped the following news conference.

    "If is doesn't happen it isn't going to be for a lack of effort,'' said Nu�ez. The Assembly leader plans to meet today with House Speaker Nancy Pelosi and he said he will make it clear that this is a top priority for state lawmakers.

    When asked, Pelosi has said she supports a comprehensive bill but it is not an issue she often mentions when enumerating her top goals. A bipartisan group of House members are working on their own immigration bill, which could be introduced as early as this week.

    That measure, as well as any bill Kennedy is a part of, will likely include increased border enforcement, a new guest worker program, and a computerized program to verify employment status and a path to legalization for the estimated 12 million illegal immigrants here now.

    President Bush supports such a plan despite vocal opposition from members of his own party.

    Kennedy has spent months negotiating a broad overhaul bill with his partner thus far in this effort, Sen. John McCain, R-Ariz. But last week, after it became clear that there were still significant details the two could not agree on, Kennedy said he instead planned to bring back the bill that was voted out of the Judiciary Committee last year.

    Also complicating the deal making this year are separate talks among a group of GOP senators and the White House. Several of the Republican senators involved in the talks are known not to be willing to vote for a bill that includes a path to citizenship for undocumented immigrants.

    Asked whether he is concerned about such a proposal, Kennedy indicated that such a bill wouldn't work.

    "If the constituency groups and the stakeholders are not interested in this then the legislation isn't worth the paper it's printed on,'' he said.

    Sen. Dianne Feinstein, D-Calif., recently said she believes the best route to take may be to pass a bill that would affect the five million agricultural workers and do that as a first step towards a broader solution.

    But Nu�ez said he doesn't favor such an approach.

    Nu�ez said the labor needs of the inner cities in California and around the country wouldn't be taken care of if just agriculture is addressed.

    "If you take care of the ags piece I fear it will be a long time before you get comprehensive reform in the other areas,'' Nu�ez said. "Our hope obviously in California, is that we can solve this problem in its entirety and do it in one effort."


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  • eb3retro
    06-30 11:41 PM

    You changed on h1b transfer right? not on EAD?

    I am just curious if a new employer can keep extending h1b based on previous employers I140 (and the fact that 180 days have passed since 485).


    nope on an EAD, my h1 is long expired and never renewed it even with the employer that sponsored my GC. i was using EAD even with them..and with the current employer too..

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  • Rockford
    09-06 03:12 PM
    What is your RD and ND ?

    Dear All,

    I just received a FP notice for my wife scheduled for Sep 19, 2007. I have not received mine yet (I am the primary applicant), I have a few questions regarding this. Please help me if you have any information.

    1. Is it normal for the primary applicant to not receive FP notice at the same time as dependent?
    2. Can my wife get it done without me getting an FP notice?
    3. Can I get my FP done on the same day as my wife even though I did not receive my FP notice?
    4. I have filed for I-485, EAD and AP, will we both receive an FP notice for all 3 applications or it is just one FP for all applications?

    Please help us with your expertise. Thank you very much for all your time.

    PD: Aug 2005


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  • deba
    04-13 05:40 PM
    Correct me if I am wrong...but I believe a bill has to pass in both Senate and Congress and signed by President to be enacted into law. Currently the H1/EB bills are only presented in Senate. Any comments?

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  • Humhongekamyab
    06-09 08:26 AM
    This is the most hopeless of all the articles I have seen on this issue. It has no meaning, no arguments, nothing new to tell or share and it doesn't even cover any issue. The article does not cover the issue properly making mockery of the entire issue. simply hopeless journalism :eek:

    I agree.


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  • martinvisalaw
    09-22 07:34 PM
    my fiancee has F-1 visa too, but we are getting married next month so excited. should i ask my employer to apply for us the same time?

    Yes, if she wants to change from F-1. She might want to stay in F-1 status as long as she can, especially since she can get work authorization.

    i don't know how is this work, and how much is the f-1 to h-4 status change costs.

    That depends on the lawyer, Filing fees are $300

    if i get denied, she will be denied too

    but if she gets denied, will i get denied?

    No, not necessarily

    in other word, is filing both visa same time affect the chance of getting approved?

    I've done thousands of H-1B and H-4 cases filed together. It's very common.

    u guys know the odds of getting approved on h1b from non profit organization these days?

    If the job meets the H-1B criteria, and you do also, you should be fine.

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  • swo
    07-05 01:40 PM
    My guess is EB2 will return to current and EB3 will be retrogressed anything from 2002 to 2005. I doubt it will be any more current than that.

    It's impossible to know. It depends how many applications were ready for approval by the time October hits.


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  • permfiling
    08-09 09:59 PM
    If he is done with FP, I don't see any issue. Typically USCIS allows grace period as long as you are within the 180 period but since this case is > 180 days, then consult a lawyer to file 245k

    NOT True.. they will give and come after you just to deny/revoke it.

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  • tjayant
    09-01 02:52 PM
    this is a humours thread we should have more like this thread than the GC stuff who cares


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  • jack_b_uta
    06-21 09:37 AM
    IV core members have been in media MANY times.

    Aman Kapoor(Fox News, Washington Post), Shilpa Ghodgaonkar(Washington Post, South Asia Insider), Siva Singaram(NBC), Pratik Dakwala (FOX 2-Bay area) are just to quote a few.

    None of these guys have been deported, fired, stoned or died. They are alive, well, working and proud to have been there to show up when needed.

    We are legal immigrants. Even if you are illegal, you shouldnt be afraid to speak up. If legal hi-skills educated immigrants shy away from exercising constitutional rights of speaking up, then what can we say?

    I would be happy to speak up but just an FYI, we donot have any constitutional rights. We are second class citizens at the best, and slaves in a different form at worst.And that is not ranting of someone who has been in line for half a decade. Here's the proof.
    I love skeet shooting but the law prevents me (or anyone who is on a "nonimmigrant" visa) from buying a gun. Thats second amendment rights that were awarded to everyone living in the USA.


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  • Jerrome
    10-18 05:56 PM
    I have got EAD and AP.I think i would not have got them if the 140 is not filled.

    I also know the date on which he filled. but employer is not sharing the receipt because there is no mandate for him to do so.

    I wanted to know is there a way out.

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  • kondur_007
    10-16 12:11 PM
    I am a July 2nd filer with PD of OCT 2006. I am planning to switch my employer using EAD. Should I notify USCIS with AC21? What is my best option? What is the risk?
    I appriciate your help.
    Thank you

    There are two options here:

    1. Document that you are porting using AC 21; keep the documentation with lawyer but do not send it to the USCIS

    2. Send the above documentation to USCIS.

    The best option for YOU depends on specifics of the case: details of PERM (job title, job description, prevailing wage, location etc), your new job (job title, job description, wage, location, financial stability of the company etc) and your immigration history. (any out of status time etc). This decision is best made by a competent lawyer so that you do not face problems in future.
    I will highly advise you to get help from a good and competent lawyer; it's money worth spent.
    Good Luck.

    08-10 07:53 PM
    Don't miss this ship, get ur medical done in India and file ASAP i m not sure if u go for Consular Processing do u need to here or not. Its only filing 485 u need to be here. Check with ur attorney ....

    04-10 12:16 PM
    Seems like a good tool.. But couldn't sort out by Nationality or country of chargeability.. The EB1/EB2 category works fine.. Not sure if its tracker issue.. or I am doing something wrong.. or missing any info in my tracker details...

    We are fixing all the bugs. If you find any bug do report to us in PM. If you want a feature to be added, send us a PM.

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