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January 12th, 2005, 11:16 AM

I like it just the way it is Freddy......the emphasis here being the sky and the sunset........your interpretation and it looks great to me.

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Euinox

05-20 01:10 PM

I came to US in 2009 March (on H4 Visa) ,
I filed my H1B in September 2009 with Company A and got approved October 2009. I search for projects 2 months; my employer was unable to place me. So he said he will revoke the H1B petition. After that due to family emergency I gone back to India and while re-entering I entered as H4. (As per I-94 Copy). That H1B never got used and I never got any pay stub from Company A.

Now I am on H4 till date.

I have found the project and the new employer (who is client say Company B) is ready to file my H1B application. Now as per the Company B�s Legal Team, they can�t get the approval before 1st October 2011 (or start date of H1B visa) and they have to fill this position by this month End. (Which is May or Mid June)

Now I have inquired some other place and gone through different forums to get answer.
Here is the query,
If Company B files my H1B petition with attachment of existing I-797, will my petition get approved from the quota of 2009 (since I got visa with validity date as 1st Oct 2009 year)??

What kind of H1B petition I need to file and when it will get approved?
Will this be a fresh H1B petition or something different?
Can I get approval immediately ( if I filed in Premium processing) so I can start working. Or does the petition will say as start date 1st October 2011?

Please help me in this issue. I will really appreciate your help.

Any document/ link which shares light to similar issue is really helpful for me.

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jcrajput

10-03 11:15 AM

I need to re-file my I-485 application which was rejected due to USCIS error (they could not find I-140).

Can anybody tell me what is the logic behind writing "DO NOT OPEN IN THE MAIL ROOM" on envelope while re-submitting I-485 appplication?

I will need to send to USCIS today. Please let me know ASAP.

Thanks a lot.

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sumanitha

08-01 12:53 PM

One of my friend is ready to apply for 485. He is all set.

The problem is he got recently married and his wife's passport and other details are not yet ready and she is still in India.

Can he still submit his 485 for his wife?

Gurus, any help / suggestions is appreciated.

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suny_saini

08-04 06:40 AM

my name was not interview with my family.
my family gave interview and embassy asked for original I140 and I824 approval notices to check my eligibility.

i submitted and now after 2 weaks got the follwing reply:

In your case , the I-140 was filed on sept 10, 2001 and approved on october 08, 2003. The visa became available on october 08, 2003 . Form I-824 was not filed within one year of visa became available. <my name> was born on January 03, 1986. because he (me) is above 21 years old an immigrant visa as a derivative beneficiary of Employment third prefrence (e3) immigrant visa category cannot be inssued to <my name>. In order to qualify for a visa, he (me) would need to benifit from CSPA. Since form I-824 was not filed within one year of visa becoming available on October 08, 2003.
<my name> cannot be processed under CSPA.

but i think and i am not sure if i am right or wrong that I824 can be filed after issuance of green card, but at that time my dad ddnt got green card.
SO plz help me with right advice and solution so that i can travel with my family.
my mom and bro got te visa and it will expire in 6 monts and i want to go with them, can i be able to get visa in any case before their visa expire?

i badly need help.

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english_august

08-21 12:01 AM

C'mon bloggers where are you? This is your moment to rise and shine, to prove that blogging can be as effective, if not more, than the conventional media.

We've got to have some passionate bloggers on this forum!!! Please PM me with your email id if you want to join the group of IV bloggers.

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reddysn

05-28 08:20 PM

Man I dont know what is the answer to ur question. But I feel very sorry for you and want to appreciate you for keeping your sanity intact till now. I would have joined a lunatic asylum by now if I am in ur position ... I have already started showing some signs just by waiting for my PD to become current.

Keep it up..

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GotGC??

11-14 03:59 PM

Find in-line
What is the minimum requirement for EB2? From what I read, it's BS+5yrs, or MS+1yr.

EB2, officially known as "members of a profession holding advanced degree", requires a "Masters degree". USCIS views a BS+5 as equivalent to a masters degree for this purpose.

1. Is there a rule that the experience should have been gained outside of the US?
No

2. Is there a rule that the number of years experience should be from an employer other than the petitioning employer?
Yes

Thanks!

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reachinus

07-23 06:07 AM

my manager decided that he is going to RIF me in October. I just filed for my AOS and EAD last week. So i would assume my receipt date would be some time in July.
I already have my I-140 approved with PD of Mar 2004

Please suggest what do I need to do ?. Since July to October is like 3 -months, I can get an EAD ( atleast Interim ).

So can I work on this EAD ?. What are the consequences ?. Should I re-start the whole process of Labor / I-140 / I-485 ? with the priority date of the I - 485 ?.

I am sooo fed up with this whole process already. But I don't want to leave this now. I will get the Green Card, and then take citizenship before I leave this country


PLease help.....
Edit/Delete Message

You should be ok if ur employer doesn't revoke ur 140 before 180 days. After that you r fine and can work with any employer of ur choice in the same field.

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needhelp!

02-05 02:02 PM

http://immigrationvoice.org/wiki/index.php/LUD

Apologies if I should have looked this up somewhere within IV .
Guess it is a simple question.

What does a soft LUD mean ? I have often read that term on the forum.

I at times see that something was updated on my case..."last updated date" but then there is no status update.....for example this happened on my I131 application on Feb 4, 2009

On the I485 I think it is just that they transferred it from one office to another as the status says.

=============================
Last updated | Form number
2/4/2009 | I131
2/5/2009 | I485
===============================

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same_old_guy

07-10 01:20 PM

Yeah right !

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mudigondag

01-04 03:12 PM

I have filed 485 for all my family members and received the EAD and AP(s). FP is not done yet. My daughter is in 1st year undergrad. Is there a way my daughter's 485 status can be maintained, if I join my daughter for MBBS study in India? If yes, what would be the option. Apreciate the suggestion

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stebbinsd

01-18 07:51 PM

EDIT: Sorry, double post.

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optimist578

04-10 11:22 AM

My EAD is going to expire in 3 months and I am filing for my renewal now. What can be done if you don't get the EAD renewal response before the expiry of the current one ?
I heard somewhere, that if you don't receive the renewal notice within 60 days, then you can approach the local USCIS office and get a temporary EAD card for 90 days.
Anybody knows more ?

Thanks,
------------------------
EB3 PD Mar 2003
I-485, AP, EAD filed in July 07
EAD expiring on July 31st 2008.

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Nil

04-12 07:31 PM

i did not receive any correspondence for my I140 as well as for my labor.
My company provided me with a copy of my approved I140 (scanned) but refused to share any info on the approved labor.

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ricky26

08-28 12:37 AM

If your current H1 is already expired, it is better/safer to use AC21 and join company B.
else get hold of reputed lawyer and transfer H1 to comp B.

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singhsa3

04-24 08:34 AM

What was your I-485 receipt date (Note: I am not asking for your PD)
Guys,
I don't know if here is right place to post this or not. I responded to RFE about 30 days ago and got an email update that TSC has got my response and the case processing is resumed. That was 485 and TB skin test that I had to do again.
Anyone has any idea what is normal time after response to RFE? I am EB3 with PD of Oct, 2003.
Do you recemmend me to call service center or go for infopass?

Thanks.

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Waitng4GC

07-04 10:14 AM

I was in similar situation during 2006. I applied for H1 1 year extension based on PERM approval. My LC was just 1 month old . Then premium processed my I-140, once I had my I-140, I then premium processed my H1 extension based on approved I-140. Finally got 3 year extension.
Hope this helps.

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anu_t

09-30 06:06 PM

I think it is not possible.

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nik.patelc

08-11 07:22 PM

As per Spet 2009 visa bulletin, my PD will be current . I recently moved to LA due to Job change . If i do AC 21, do you think i will miss a oppurtunity of getting GC in spet since my PD is OCT 2004.

Please advise. Should i do AC21 now ? Or Should i do only on RFE?

Another question. I still have permanent address in chicago but moved to LA. Do i need to do AC11 form?

Nik

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dallasanalog

03-22 04:27 PM

Hi,
Kindly reply in English, not assembly language.

Thanks

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09-13 03:31 PM

I use 3d studio max.

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paskal

08-27 01:56 PM

Pezz,

I hope you get some good suggestions- just a little thing- your attorney does not have to be located where you are, a lot of people deal long distance!

Please don't forget to join your state chapter and sign up for the rally. We are counting on a strong presence from the Philadelphia area and indeed all PA!

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uma001

08-03 08:52 AM

Hello,
I am working for a company A with whome I have gone ahead and resigned with them i also filed my GC and 485 is still pending with them and also have EAD through them, recently i got offer from Company B which i accepted and they have gone ahead and filed my H1 Tranfer but recently i got one more offer from Company C which is much better.
What should be done in this scenario,should i again file for H1 Transfer through Company C or will it mess up my case even more

Join Company C since it is better offer. Look for your benefits..always.:)

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indygc

10-10 10:36 AM

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smiledoc

03-13 12:19 PM

anyone??

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abhicyber

10-22 10:30 PM

^^^^

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skagitswimmer

April 18th, 2005, 10:49 PM

I shot this with my old dig camera - a Sony F707
The colour is pretty much unaltered. I cleaned up a few stray reflections in the water and tried to lighten the eyes of the loons a bit. I would be intested in any criticism at all.

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snathan

02-11 12:04 PM

Hi,

One of my friends lost his Petition papers. His H1-B visa is about to expire and he wants to file for an extension. Currently he is in India and was planning to travel to US this week, when he lost his petition papers.

Will it be possible for him to travel to US without his Petition papers and apply for a duplicate / extension?

Please let me know any help line number where he can call to clarify his doubts.

Thanks much
Sri

Without paper how you get the entry at POE. So I believe without papers your can not travel

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aachoo

02-27 09:23 PM

Hi there,
This is exactly what my company's attorney had told me. If the new location is within commuting distance/same metropilitan area there is no need for a LCA amendment .

If anybody thinks otherwise please feel free to correct me.

I had the same situation a few years back (Menlo Park to Fremont, CA) if you know the area. The attorney said no need for new LCA.
-a

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EndlessWait

06-04 01:09 PM

I guess we should ask them to remove the employer's restriction, which is the prime reason for extreme exploitation. H1b should not be restricitive. IV should also address the same. We are looking at the current problem with retrogression only, but what about future aspirants who come on H1.

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a1b2c3

03-14 08:01 PM

My father passed away recently and my mother wishes to travel with my wife and I on a visitor visa.

How can she apply for 10 year multiple entry visa? Can she return after the visa expires, after a month? Any experiences anyone can share? Are there any reasons why some visas get denied?

My wife and I are permanent residents and we want to know whether this is of any advantage/disadvantage.

Any pointers/info/help are much appreciated. I looked through the relevant IV threads and yes, they are informative but rules change all the time and I decided to just go ahead and post this thread to get the latest feedback.

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qplearn

12-06 10:48 AM

USCIS had been given strict guidelines to process all cases within a six month timeframe depending on the type of the case. But many cases have come to light which are not seeing the light of the day.

How about filing our taxes on April 16, but not on April 15.
Exactly what is your logic? There is no law against their getting delayed in completing a case in 6 months. There is a law for not submitting taxes on time. That is why I think this argument is not very valid. I can see your frustration with the delays at USCIS, however, and sympathize with it.

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12-11 11:06 PM

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thomachan72

03-20 08:53 AM

These guys did not mention specifically "legal immigrants" but to me that sounds even easier since most of them possibly have decent wages and also maintain a legally sound lifestyle.

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veni001

12-23 03:11 PM

Why so quiet today?

Where is the holiday spirit?

Not even any joke?

Holiday "spirit" is in the bottle and that is what every one is enjoying during this holiday season:D

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ImmInd

01-12 10:13 AM

My H1B Extn is pending at VSC since Nov 2008 and have same issue from day one. Looks like, some issues for some service centre applications via online.

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ss777

02-12 09:34 PM

One of the questions on I-140 RFE goes like this:
"Submit evidence that the alien obtained the required two(2) years of programmer analyst experience in the job offered before the priority date was established on June 26, 2006. Evidence ...."

In reality the labor was filled for this EB3 I-140 in August 2003. This is not a substitution. I dont understand what they mean by "establised on June 26, 2006"? Can someone interpret this?

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matreen

11-04 06:28 AM

I am in the similar situation, any advice will be greatly appreciated.

Thanks,
Matt.

I have been working for Company A which was bought under the Umbrella of a bigger parent. My company A still operates under the same name and is fairly independent.

The parent company bought another company B recently and have asked me move to B for business reasons in a similar role as with company A. Could I file a new GC with B and use my 10+ years experience with A to file for under EB2. I am currently under EB3-I category

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gc_on_demand

04-08 09:40 AM

My second 140 may be approved by this month end.. Neb-Nov. 08-filing... i am hoping i will be able to port my PD..to 12-05

Now..in case i lose my job... and since i am in my 9th yr-h1..which expires may-2010..

suppose ..i cant find a job ...and if i have to leave US.....(but my employer agrees not to cancel my 140)
a.) what should i do to retain my GC process?
b.) How do i switch to CP processing....

Thanks in advance..

You need to file I 824 form and let USCSIS know that you want to transfer your case to consulate. If you are from Mumbai consulate area then u can do AC I 140. becasue I 824 can take 1-2 years to transfer your details.

While in AC I 140 you just need receipt of I 824 and attorney certified package. More details you can get on internet. If you PD is near to current then u can initiate this process and thus with in 3-4 months if PD become current you can get visa interview. Generally they dont ask for hard ship reason for AC I 140 but in your case you can explain about your wait time and impact on your career etc..

To do AC I 140 or normal CP process u need offer letter from employer.

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jsb

11-13 12:54 PM

I was employed by company A until from 2004 thru May'07 with labor and I140 approved in 2006, I was laid off from Company A in May'07 therefore I joined company B in June (transfered my H1).

In July , Company A agreed to file my I485 under future employment as all the EB catagories became current but I still work for company B (H1 with company B), now since in Jan'08 it will be past 180 days on my 485 application.

Can I file AC21 to change my employer to Company B and continue my I485 through to Company B?


Answer is Yes. Company B should be prepared to confirm that they have a job (same/similar as in original LC) which they will offer you on permanent basis upon your getting GC. Note that current job with B is on H1 (means it is not permanent).

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kothari_rupesh

07-07 04:12 PM

Thanks, since I applied June 12th, and expecting it before August 3rd, looks like it is going to be a problem...!!



I applied on April 7th and got on June 8th.
Send documents to Nebraska Center.

Hope it helps.

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h1bwala

12-05 12:44 PM

Hi

I am on H1b visa and I was laid off by company A and company B offered me a position and initiated my H1 transfer process. When is company B liable to start my salary ?
FYI, company B is a consulting company

Thanks

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