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Raj Iyer

10-07 05:24 PM

Its always safer to have an underlying non-imigrant visas such as H-1B in the vent of I-485 denial due to some unforeseen circumstances. IF you have an H-1B, you can continue to stay in the U.S.

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snathan

02-23 06:59 PM

I have a B.E in Electronics (4 years) and an PGDM in IT (2 years) from India but my I140 is denied on the basis that my PGDM School in India would accept 3 years undergrad and thus the education is not equivalent to M.S in US. I did send the educational evaluation along with I140 but the decision was made on the descretion on CIS.

Please advice if I should refile with education evaluation from anothe agency.

Its all depends on what you have in the PERM requirement. It shouldn’t be an issue when you have an B.E - 4 years. But the USCIS says the PGDM accepts 3 years bachelor also and I am not sure how that’s matter for your individual case. Talk to a competent attorney.

They are not disputing your B.E but your PGDM...

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arnet

06-13 08:46 PM

check with your attroney, in general you can do concurrent I-485 filing along with I-140 (or) if your I-140 pending you can still apply for I-485 with I-140 filing. But I never did this, so check with your attroney now and do it. good luck

Congrats to all who can apply for I 485.oUR situation is that my husband is a fellow in medicine speciality and already been offered a job which he wil start in july 2008.Our details
lc approved for the future job
i 140 pending.
Are we eligible to apply for i 485 ..ead for a future job etc.
I am on h4 .
Thanks People.
Thanks to iv

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suryamnb

11-15 07:20 PM

Congrats!!!!!!!!!!. You filed in Aug and received AP.

I filed in July (Please see signature) but Ap not reveived.

Friend of mine file in Aug and received the AP. Did your case status on website got updated?
Thanks

Yes. It was updated in online case status.

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f1vlad

05-10 09:26 PM

Hi, I have strange situation, when I check status of my I-485, this is what I see:

http://i.imgur.com/8beDR.png

According to their site I've already should have received either approval or denial of Applicatio to Adjust Status (I-485).

So my attorney called customer support # and claims that service representative told her that it refers to something mailed other than approval or denial having being mailed.

Well, since my attorney couldn't figure it out, I decided to call myself today. In my case, customer service rep told me that she isn't allowed to tell me whether it was approval or denial, but she said that it must be either one of the two. She offered to send me a copy of what was sent on Sep 2007 as per this screenshot above. So now I have to wait up to 45 days to see what it is.

I am wondering if anyone else has seen similar thing happen.

By the way, my priority dates aren't current. I am still in backlog, hence I am not so optimistic this could be approval or denial. I am actually more afraid whether or not my paperwork got stalled or something and it'll now never get resolved because of according to their system the matter has been resolved.

Anyway, if anyone has any advice or ideas that'd be appreciated,
Thanks,
Vlad

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ragz4u

03-28 09:45 AM

Please post your responses here

http://immigrationvoice.org/forum/showthread.php?t=407

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phillyag

07-17 07:12 PM

I will be filing my 485 due to the current changes.
I am getting married in December 2007.

1. I am goin to file for my spouse at that time. Is it necessary that the dates should be current in order to file this amendement?

2. I understand that one can file amendment before or within 180 days of acceptance of 485. is this correct ?

3. Is there anyway to know that I am nearing my acceptance of 485?

Your comments are appreciated.

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macho

09-05 07:46 PM

Hi,
I am writing here for the first time.
My checks got encashed only for EAD/AP.
I filed concurrently I140/485 and PD is 2006.
Can some one tell if this is normal?
Thanks

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i99

09-18 01:46 PM

Please see another attorney (not through your employer) ASAP. Have and individual consultation. I think the best you can do is to help yourself at this point. Hang in there. :(

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ponnuswamyp

09-28 12:21 AM

I am not sure whether a way to prepone it. You can try going for FP. They did not say anything about the future date.

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sku

12-26 10:31 AM

Mention you are in I-485 adjustment status. Thats the truth...good luck.

What document should I be sending to say that I am in I-485 adjustment status.

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ChainReaction

02-19 11:02 AM

As far as I know priority date can ony be transfered when the I-140 is approved. Go ahead and get both I-140 approved and use the earlier date towards the new one at the time of filing of I-485.

Thanks for the reply

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gc_lover

06-22 10:04 AM

Can scanned copy be submitted to USCIS for affidavit of birth or we have to submit the affidavit in original?

Thanks

You mean photocopy right? If you have scanned copy then print it and send it to USCIS. I don't think they require it in original.

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sixpockets

07-15 06:59 AM

count me in

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apb

03-31 07:10 PM

I plan to use AC21 and apply G28. Any reasonable lawyer recommendation in and around bay area would be of immense help to me.
I tried Payal Singh and she is charging $1200 for AC21 and G28.
I checked with Arjun Verma and the cost is $400 for the same.
Still checking around...

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ksvreg

03-15 09:10 PM

IN THE CURRENT SITUATION/TREND,

- USCIS throwing RFEs on H1 transfers
- Beware of 140 revocation by your employer though it is not valid. But will put you in mental stress
- Make sure your new position duties and its description and slaray are similar.

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poise2000

07-30 01:11 PM

an local govenment gave me an offer but the salary is lower than prevailing wage around that area shown in the DOL. Would it be a big problem for H1b application next year? It is impossible to increase the salary because the working location is not rich in that area.


I heard that I can hire some survey company to get a lower salary survey for the specific location which can be used to apply H1b, is it correct? Thanks

Should I accept this offer? I have searched jobs for 6 months and only have this offer. Thanks for your suggestion.

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sabgau

06-16 07:19 PM

I have an appointment in Toronto next month and today I got a voice message from the US embassy in Canada saying that there could be processing delays of days or months and the decision will be taken by the visa office during the interview. Has anyone else got this kind of message?

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glus

06-02 09:35 AM

Dear Friends,

I am some one might have gone through this situation. I tried to look for old post but couldn't find it.. Anyways

I have an Advance payrol, I went for Stamping at Chennai US counslate. They sent for Name check verification(Security Clearence). I have been living in US since 2000 and travelled back and forth many times and got visa stamped many times and they kept my passport and upon mailing they will send my passport.

My question is Can I use Advance Payrol while my H1B stamping case is sent for Name verification(security Clearence)..Please let me know any one has use AP in this case

Your response would be highly appritated

Thanks
Farooq

yes, you can travel if you have passport.

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Michael chertoff

03-09 08:18 PM

Man.. this place is for people in EB2 and EB3 category who are suffering from retrogression. please contact any lawyer for this,

MC

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voldemar

04-18 01:52 PM

I know but if it is implemented how would it affect my situation?You will have 45 days after enacting the rule.

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fasterthanlight�

05-14 03:08 AM

Bahahah, I like it, but the "c" could be a little more pronounced.

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coolfun

07-26 12:42 PM

Hi,

I submitted my 485/765/131 application in May this year and my 485 is pending. I received my EAD but I got an email from CRIS saying that there is an RFE on my AP. The RFE email was on July 13th but my lawyer still hasn't received the RFE. How long does it typically take to receive the RFE?

Thanks.

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xZeRo23

06-21 06:54 PM

What is that animal?! O.o

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Reggit

10-13 12:52 AM

I should really try thinking of the easy way out of these things. :P Just made my comic from 10 layers for the whole thing to about 40. Oh well, heh.

Thanks again. :A+:

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bkarnik

03-16 02:48 PM

Abqguy:

I have not seen the letter myself, but from the content, it appears to be a specific reply to your letter. I request you to get a couple of friends together and schedule a meeting with the Senators local office. IV website has lots of resources and if you were to let us know once you have the meeting set up, one of us will get in touch with you and brief you on how to conduct the meeting.

Thank you for your help. Keep us posted.

Bkarnik

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coolest_me

07-10 02:30 PM

Try in the early morning hours like 5 - 6 AM EST ....

If any one of your parent can speak English then you can take the appt in English. I did it for my In-Laws and they got the visa.

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kumarc123

08-26 10:11 AM

Hi All,

I am here in US on a H1B and my wife is on a H4. She recently got admission to a graduate school and has to start next week. I am worried that if I get her COS for the next semester (this is a 1 year program), then woud she be eligible to get her OPT at the end of the program? She would have been on a F1 for less than a year, but would have completed the Master's program.

I tried to get more information, but what I saw was that the OPT eligiblility requirement is atleast 1 full academic year on F1. Is this correct?
Help is greatly appreciated.

I am in the similar boat, don't worry your wife can always take etc classes as electives, and complete her one year. You can always pick etc classes, and make sure you remain in legal F1 visa status.

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intarch

08-04 03:02 AM

Hello I am leaving for India in two days and have still not received my H1B approval. The receipt date is May 19th 2009. It is being processed at the CA center, is there anything I can to do get it soon.

It was a regular processing one, not the Premium processing one.

Help please!!!!

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sammyb

11-09 03:01 PM

http://www.murthy.com/nflash/nf_051607.html

The regulation bans improper commerce and payment for labor certifications. It bans the sale, barter, or purchase of labor certifications. Employers cannot seek or receive payment of any kind for activity related to the labor certification. This includes payment of the employer's attorney fees and costs. Individuals can pay for their own legal fees for separate representation, but the labor certification is regarded as the employer's cost. If there is dual representation, the employer must pay the attorney fees and related costs. This applies only to the labor certification stage.

Even if the law prohibits it, still companies pass fees and costs to the employee...

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rc123

11-04 09:17 AM

Hi All,

I sent h1b extension application to california center on june 22nd and my application is still not approved. My current visa was valid until July 30th. I need to travel to India on Dec 10th due to urgent reasons . Please suggest what should I do

1. Can I travel while my extension is pending?
2. Can I raise a service request to speed up the processing?
2. or Upgrading to PP is the only option?

I do have EAD and advance parole through my husband's GC application. If I use parole for travel what happens to my H1b visa and GC application filed through my employer. My visa will still be valid or not?

Please help...

Thanks in advance
Ritu

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hpandey

01-21 09:25 AM

If he went on vacation after getting the AP then ask him to use the AP to get back . He can still maintain his H1 status even if he comes back on AP.

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mrajatish

04-26 11:41 PM

That is just so wrong - you need BS and MS, it does not matter how long your MS takes.

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GCwaitforever

12-12 10:39 AM

Concurrent H-1Bs have no quota restriction. You just have to mention hourly rate and number of hours per week for the second job.

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akkakarla

08-26 02:30 PM

My PD is current since I filed the case, after waiting for almost 8 months I opened the S.R and got the letter back explaining...."We are actively working on your case, however your case under extended background check�blah..blah..blah�"

What exactly is that? Do you know what they are trying to do? Is it part of delay tactics? What exactly do they do in extended background check does anyone know what it is?

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nt07

11-08 09:37 AM

My I-485 is pending, was filed in July, 07. My PD is June, 04 (EB2 India). I-140 is approved. I have to leave the US for a year to work on an expat assignment beginning last week of December, 07. I have my EAD and AP. Also, I am on a valid H1-B until May, 2008 but will be applying for an extension until May, 2009.

Please let me know your thoughts if it would be ok for me to leave the US for a continuous period of one year while my I-485 is pending? I plan to renter the US on H-1B and not EAD/AP.

Also, does one need to be physically present in the US to renew EAD and AP? My EAD and AP will expire in September, 07 but will I be able to renew them when I am back in Jan,09?

For the period I am gone, do I need to pay any taxes on my foreign-earned income if I am going to a jurisdiction with which India has a favorable tax treaty? If my I-485 is pending but I am not working in the US, I do not need to pay taxes for the income earned abroad if I do not meet the "substantial prsence test" (183 days)?

Any thoughts will be much appreciated.

Thanks.

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ivgclive

12-14 01:32 PM

Will the retrogression in Family Based have any consequences for the Employment based immigration?

Most of the EB3 are living in the hope of filing family based green card when their kids turn 18, which will be in another 7 to 10 years.

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gc_bulgaria

10-23 07:42 PM

I haven't had a LUD since September - non after FP too!

Received AP today - status online still says pending.:p

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Waitingnvain

07-18 04:02 PM

It does not.

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bestia

03-20 03:30 AM

You are fine, you can use AC21. You don't need to have I-140 approved to invoke AC21. You can even port your H1b to company A or you can just use your EAD. You just have to make sure that they won't withdraw your pending I-140 and properly reply to any RFE.

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amyleu

06-18 12:55 PM

I filed the Labor Certification since September, 07 and got audited in November, 07. The response was sent to DOL in November, 07. I have not heard anything since then. Also, my H1B visa expired in the early of May, 08. I left US on April 28, 08. I�m very frustrated and depressed, and the lawyer is very unhelpful. I got questions as follows:

1) Should I refile the Labor Certification with my current employer in the new position? How about the audit? Should I request to DOL to withdraw the application first and refile the new one? Will my PD be changed according to the new filing date?

2) What would be the best way about H1B visa? I was out of US for one and a half month during these 6 years of H1B period. I heard that the vacation can be recapped, and I will be able to go back to US in the mid of July, 08 due to the pending PERM application for 365 days. In this case, should I start filing the H1B recapture with the H1 Extension now since my application will be pending for a year by the mid of July, 08 (include one and a half month times out of US). Otherwise, should I wait and start the application in the mid of July, 08?

3) If my Labor Certification is pending again till the end of one year extension (in the case of getting the approval on one year extension), do I have to leave US again?

4) I wonder if I should wait outside US for a year until the early of May, 09. Then, reapply the new 6 year- H1B visa again. Can my current employer do that for me? Would it be the better option comparing to the H1B recapture and H1B extension? In the case of starting the new application, when should I start the application? I heard the new H1B cap usually starts around the early of April and will be filled up within a couple days. Also, I have to wait for one year prior to applying for a new H1B, counting the day that my visa expired. So, does it mean that I have to wait till the early of May, 09 to be eligible to send the H1B application since the application will be rejected from USCIS in the case of submitting it prior to the early of May, 09 (one year rule)? Will the cap be filled up by then and what will I do?

Anybody, please advise. Thank you very much.

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pady

01-08 02:35 PM

my pd IS Dec 2005 EB2, it is a 485 Interview

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s416504

02-18 08:29 AM

DELTA say Goodbye To Mileage Expiration

Effective January 1, 2011, Delta has eliminated mileage expiration policy so you can earn and redeem miles without worrying if and when your miles will expire.

What's Ahead with SkyMiles (http://www.delta.com/skymiles/about_skymiles/skymiles_program_updates/index.jsp)


Can you please specify process to donate miles. I have 21,000 miles with Delta that will expire soon and I don't intend to use it.

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wandmaker

06-03 09:46 AM

Hello,
I will be getting married to a H1 holder in India and because of the time involved in obtaining a marriage certificate, am planning to leave shortly after the wedding with my existing B2/tourist visa. What are my options of applying for a H4 once I do that - would I have to come back to India to apply for that, or can it be done from Canada/Mexico - are there any risks pertaining to intent of travel associated with such an action. Thanking you in advance for valuable help in this matter!

You would be better off stamping your H4 in India, my 2 cents. Especially B1/B2 to any non-immigrant visas most of the time is a mess in my opinion.

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gotgc?

03-05 10:44 AM

Hi All,

I work for a big software company and they have recently changed their name "XXXXUSA Inc" to "XXXX America Inc". It is just a company name change and everything else is the same. But, we got an email from our Lawyers yesterday that "Your I-485 application remains valid under AC21 portability provisions despite the change in your employment. In order to continue with your existing permanent residence application under the AC21 portability provisions, we will prepare and file a letter to notify the USCIS of the change in your employment from XXX USA, Inc. to XXX America, Inc."

My I140 is approved with XXXX USA Inc and AOS is filed based on that. My concern is that I am travelling to India on AP and come back in Mid May. I have the following questions:

I asked if I can delay this filing until I come back..my lawyers said "While there is no hard USCIS deadline for this particular filing, this project is a high priority for us and our instructions are to complete this project for all employees ASAP. The AC21 filing will not affect your pending I-485 or your entry into the U.S. in any way"


1. Is it true as my lawyers say that there is no deadline to file AC21? My confusion is should i do this or delay until i come back?

2. If they file this letter would there be any impact to the pending I485 and hence my re-entry to US using AP? Because I read so many threads regarding wrong denial of I485 because of AC21? In my case, it is the same company, no chance of I-140 withdrwawl etc...

3. Assuming if I delay the filing, when you enter on AP, i heard they are asking are you still working for the same petitioner? If I some how had to tell them my company name has changed, then would there be any problems because of not filing this?

My POE is SFO.

Please share your opinion guys..thanks for your help.

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dave25

01-24 02:32 AM

Hi,

This is my case:

1. Came to States on H1B in Jan 2005 thru company A. Worked with company A till July 2005

2. Successfully transferred H1B to company B. Started working with them from July 2005. New I 797 was valid till July 2008. Filed for H1b Ext with company B in Feb 2008.

3. Came to visit India in May 2008 and also to stamp the H1b which was valid till July 2008 thru company B. Got RFE in Indian consulate in Bombay on June 2008 so couldnt travelled back to States.

4. RFE got cleared in Aug 2008 and by that time my H1B expired. Company B received an RFE on H1B extension. They said they cant reply for some reasons and they withdrew the application.

5. In Dec 2008, I filed for H1b extension from company C. Got an RFE to prove the legal status on H1B ext.

Please suggest, what are the chances of getting an approval. I know its little trickier but a straight forward case.

Regards

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masti_Gai

08-28 10:13 AM

how could u open a company being on H1???
how does ur friend work though???
does he have a valid visa like a Green Card or something...
coz am sure u couldn't have gotten him a H1 visa as u urself are on H1

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kirupa

05-06 06:14 PM

I liked your first and third one more, but since others liked your second also, I'll add up all three ;)

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natrajs

08-21 09:35 AM

Anybody?

Contact your local lawmaker with your case details

Call USCIS - NSC

Write to Ombudsman

I hope you did all of this already. If not don't wait anymore

Because you never know, when the new fiscal year begin on Oct 08 for the USCIS the EB2 dates may go back to Mid 2003 and it will not quickly move forward until July or Aug of 09.

Best Wishes and Good Luck

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June 12th, 2006, 10:20 PM

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Blog Feeds

09-07 07:00 PM

What a shameful story. DOJ announcement on the indictment of six individuals (http://www.nytimes.com/2010/09/04/us/04trafficking.html) for engaging in a conspiracy to commit forced labor and document servitude. The charges arise from the defendants� alleged scheme to coerce the labor and services of approximately 400 Thai nationals to work on U.S. farms.

The Justice Department announced that a federal grand jury in Honolulu
indicted Mordechai Orian, an Israeli national; Pranee Tubchumpol, Shane Germann and Sam
Wongsesanit of Global Horizons Manpower Inc., located in Los Angeles; and Thai labor
recruiters Ratawan Chunharutai and Podjanee Sinchai for engaging in a conspiracy to commit
forced labor and document servitude. The charges arise from the defendants� alleged scheme tocoerce the labor and services of approximately 400 Thai nationals brought by the defendants to the United States from Thailand from May 2004 through September 2005 to work on farms
across the country under the U.S. federal agricultural guest worker program. Orian, Tubchumpol and Chunharutai are also charged with three substantive counts of compelling the
labor of three Thai guest workers.

If convicted, Orian and Tubchumpol each face maximum sentences of 7 0 years in prison,
Chunharutai faces a maximum sentence of 65 years in prison, Germann and Wongsesanit each face a maximum sentence of 10 years in prison, and Sinchai, who was recently charged in Thailand with multiple counts of recruitment fraud, faces a maximum sentence of five years in prison if convicted in the United States.

Instead of achieving the American dream, the workers arrived into an American nightmare. This company forced them to live groups of men in labor camps, charging each of them thousands of dollars and forbidding them from living off company grounds. Instead of permanent residency and green cards, the workers received temporary, ten-month H-2B guest worker visas, which allow no path to more permanent status. And since H-2B visas bind workers to a single employer, company answered workers� complaints with threats of deportation. Such acts are in contrary to the spirit of the H2B visa (http://www.h1b.biz/lawyer-attorney-1137785.html) and we call for harsh punishment for these individuals.




More... (http://www.visalawyerblog.com/2010/09/h2b_visa_attorney_972010_six_p.html)

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andy garcia

03-28 08:12 PM

Fiscal year 2007 -- Does this mean all the visas issued from nov-07 till date or nov-06 to oct-07 ?

Fiscal Year 2007 means Oct 1, 2006 to Sep 30, 2007

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Anders �stberg

June 12th, 2005, 04:50 AM

Congrats! New lenses is always a thrill. Great pictures too, looks like you made good choices.

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visshy

07-26 10:01 PM

wait for the 485 receipt, then send it with a cover letter and copy of the receipt.

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seahawks

03-02 09:17 AM

only if termination is initiated by the employer, not employee. If you resign, the company is not required to provide you the one way ticket to your home country.

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[Legoman]

08-28 05:35 PM

not used swift 3d much, and I don't have it on this computer to check, but can't you go to the extrusion editor and do file/import. Go back to the main viewing area and it should be what you're looking for....maybe...

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satishku_2000

06-04 08:26 PM

I got the same kind of RFE , but the wage paid to me is much more than the proferred wage all along . But USCIS wants my company to prove that they have the ability to pay all the pending 140s .. Do you guys think I am Safe?

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waitnwatch

10-04 01:44 PM

Just curious. Do you know of any reason why he might make way for someone else?

Or any reason why the next guy will be better than this gentleman. How about Sensenbrenner for Speaker? Think before you ask for your wishes may just come true.

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manbeing

12-27 04:35 PM

Hi sbmallik ,

Thanks for your reply. what's the continuous employment criteria? Is the reason my attorney enter '5/17' instead of '5/15'?

I have a letter from HR and saying the last day at my previous company was '5/15'. very boring!!!!

I will fell more comfortable if the experience letter mentions the last day as 5/17/2009. Otherwise I will simply mention it as April 2009. This way the continuous employment criteria will be met.

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09-21 09:06 PM

guyfrommsg,

i have filed in the form / submitted the application for joining the google GA group. please check.

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vikramy

06-10 02:58 PM

Good to know i can file a new H1 based on 140 irrespective of who filed 140 and i am in H status or not. This way i don't need to be always tensed about a possible RFE on 485.

Hi Vikram -

Since your H-1B transfer petition is denied, you are not in H1 status anymore. However, I would suggest consider applying for 3 year H1 based on approved I-140 (and PD is not current). It does not matter who applied for that I-140.

There is a chance that USCIS may approve this H1 without I-94. In that case, you need to get new visa stamp and reenter into US to get back into H-1B status.

Good Luck.


_______________________
Not a legal advice.
US citizen of Indian origin

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pappu

12-13 04:20 PM

Good Idea.
We have 'invite friends' on the left navigation area of this website.
http://immigrationvoice.org/index.php?option=com_iv_invite_friends&Itemid=55

We all must use it more often to sent the message about IV to as many people as possible.

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chandrajp

07-20 02:18 PM

Can I take up a managerial position even though I am an analyst on the LC/I-140 etc.....??????????
You cannot take a completely different responsibility job. I used AC21. The job has to have same responsiblities and designation can change. Salary can be little higher. I got 485 approved based on this AC21

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