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Saturday, July 2, 2011

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  • STAmisha
    06-30 11:43 AM
    Please check the answers below

    Hi,

    I have approved labor (filed Apr 2004 and cleared Jan 2007) in EB2 category. But it was filed wrongly in EB2 as somehow it got cleared. But now I got RFE on I-140 and there is a verly bleak chance of getting it cleared.

    In the meantime I am thinking to file a new labor by PERM (from same employer). I have few questions regarding this:

    1. Can I file new labor in PERM without affecting my current labor and I-140 ?

    YES

    2. Do I have to mention in my new labor about my old labor and I-140 ?

    I dont think so. CHeck with a lawyer

    3. Can I use different experience letters in new labor as my old labor is in jeopardy because of experience letters only.

    Check with lawyer
    Thanks
    DC





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  • pappu
    02-08 07:52 AM
    Dear IV members,

    We have a very big media opportunity to have our voices heard. A high profile reporter is writing a story with a slighly different angle by covering the immigration plight of our muslim members.

    IV does not ask or maintain data on religion/faith/ethinicity of our members and we do not differentiate members based on such criterias.

    However it is a need of this reporter and we wish to help in getting this story out in a major newspaper with immigration issues we are fighting for.

    If you have a compelling story and you are a muslim IV member, please contact me or Salil (raydhan@immigrationvoice.org) from IV core ASAP with your contact and a brief detail about your plight.





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  • like_watching_paint_dry
    03-11 10:36 PM
    http://travel.state.gov/visa/frvi/bulletin/bulletin_4438.html

    Run-out? Or LBW?





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  • snathan
    08-26 02:36 PM
    Change the I140 to premium processing. If you are at your end of 6th year and if you have less than six month in your visa, you can apply for premium processing.



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  • mbawa2574
    07-30 06:41 PM
    I am ready to Volunteer.





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  • franklin
    05-01 07:45 PM
    It definitely sounds worth a call!

    btw EB3 is backlogged across the board in all categories



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  • mrdelhiite
    07-02 08:55 AM
    I heard USCIS already retrogressed and rejecting Jul filer? is it true. need urgent help :mad: :mad:
    please post your source
    -M





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  • my2239
    04-18 09:19 AM
    Hi ,
    my experience with O visa is that paperwork, presentation, previous track record of the lawyer with USCIS is critical

    so in this case, absorbing the 5000 cost difference may be a good idea

    Of course you can always ask your employer if they are willing to take that hit but as you know you have a 50 % chance there at the best

    So decision is yours



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  • vhd999
    10-07 05:31 PM
    I agree. I guess you are saying that filing another petition under EB2 adds some risk to the existing 485 application.

    Thanks for the reply.

    Are you an immigration attorney? If yes, can you tell me the best way to reach you?



    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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  • utthesta
    10-09 09:44 AM
    Why is receipt date different on the I485/EAD.

    I am reading some of the posts from other members.
    Their receipt data on the EAD is different(at least 1, 2 months delayed) from the date USCIS actually received their application. I thought USCIS is going to honour the actual date when they received the application by mail.
    It is obviously more than 2 months late for many of the applications.

    If some one to use AC21 portability, what exact date is honoured? the date when USCIS received the application or the receive date printed on the EAD?
    Is the date when USCIS received is stored some where?

    In my case, I filed my I485 on July27 at TEXAS Service Center, I received a notice on Oct 6 from CALIFORNIA Service Center, Details below :

    Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Receipt Date : Oct 1, 2007
    Notice Date : Oct 2, 2007

    Current Status: This case has been sent to another office for processing because it has jurisdiction over the case.
    On October 2, 2007, we transferred this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our TEXAS SERVICE CENTER location for processing because they now have jurisdiction over the case. We sent you a notice of this transfer. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you.....

    Now, I am not sure, what exactly is my Received Date. And how it went to California Center? I have confirmation from FEDEX tracking that it is delivered to Texas Center.



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  • srikanth003
    02-28 09:47 AM
    An expert advice on this would be highly appreciated. Many thanks for your consideration.

    - My H1 (I-94) is expiring on 1st week of Jun-2011.
    - I am also actively looking to change my employer.

    In this case, I am not able to decide on the following,
    1. Can I go ahead and file H1 extension with my current employer 'A'?
    2. If I happen to get another employer 'B' for H1 transfer, what are the implications if 'A' had already initiated the extension process?

    I am very confused on whether to go ahead with my H1 extension. Any quick answer would be highly appreciated, as I am taking my decision (on applying for extension) based on this.

    Thanks,
    srikanth.





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  • h1bjava
    03-13 05:11 PM
    Thank you hpandey for the clarification. If I apply H1B extension in premium processing in apr itself, I will know soon if it will go through or not. My plan is to apply H1B transfer immediately to a new employer in case of H1B extension denial from the current employer, as I will still have valid H1B for few more months till Sep 09.

    One more doubt I have is whether it will raise a red flag for USCIS, if I apply premium processing in apr 09 for extension from oct 1st 09 or will it be fine. Please let me know.



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  • ivvm
    08-27 08:17 PM
    Give it 1-2 weeks at least! Relax...There is still a long way to go ;)





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  • MCQ
    04-22 02:24 PM
    Here is my interpertation,
    "Cancelled without Prejuidice" means that they have cancelled the visa as it is no longer needed as they have approved you for your Permanent Residence. It also means that if you do not keep your Permanent Residence (you mentioned conditional in your note - so I'm presuming marriage based GC?) then you will have no difficulties in ever getting another visa should you ever need one.

    if a visa is cancelled WITH prejudice - then you would have had great difficulty in ever getting another US Visa.

    hope that helps.
    McQ



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  • mohall
    08-21 04:02 AM
    Do I have to pay for my green card again if the INS made a mistake on my birthday? Need to know if there are any under the table jobs in Lake Havasu City,AZ. My green card expired in 2004. I have an AZ license and a social security card. Can I work with expired card? Please help!





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  • kaisersose
    08-22 06:02 PM
    I am in a very Bad situation it seems, please help.

    I am working in US on L1B visa and Wife on L2. then Wife got a Job and her employer filled her 485.

    In the mean time I applied for H1 (through a consultant, to get out of the L1B company). Looks like the H1 Got Approved. Now, I think the problem is, If I switch to H1, then she will loose her job and our chance of Getting EAD will go.

    I do NOT want to go for H1, but EAD Is important to me. Is there a Way I can keep my L1? (so that my wife can keep her job)

    Please help

    Check your H-1b approval notice. If it is a visa to be issue abroad petition,then you have nothing to worry about.

    if it is a change of status approval with an I-94, then you need to get out of the US on or before the day the change of status becomes effective and then return back to the US on or after the day the change becomes effective with your current L visa.



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  • msadiqali
    01-09 02:56 PM
    Thanks jsb..In that case, I am changing jobs even without working for my GC sponsorer. I heard that it could potentially lead to fraud case.are you sure we can do this or do u know somebody who has done this.

    thx





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  • validIV
    02-04 12:57 PM
    Yea now I see your problem. When I applied for my F-1, my parents had not yet filed their I-140. Yours, on the other hand, has already been approved.

    The worst thing that I can think of is changing status to F-1 is denied.





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  • clockwork
    09-19 07:42 PM
    yes. PD of apr 2003





    martinvisalaw
    06-18 01:05 PM
    If the non-profit that she plans on working for is (a) affiliated with an institute of higher education; or (b) a research organization;

    then she should not be subject to the cap. Otherwise, the non-profit probably is subject to the H-1B cap, so she couldn't start until October 1.





    raysaikat
    03-03 01:28 AM
    As far as I know employer sponsorship is not required for EB-1 EA case; not sure why you had to file I-140 for this ...........

    EB-1 EA does not need labor certification, but still needs I-140.



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