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Saturday, July 2, 2011

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  • wandmaker
    08-24 11:45 PM
    A friend of mine has PhD in aeronautics from a top tier university here in US. He will be soon starting teaching in a university and planning to file his GC under EB-1.
    Are there any risks in getting I-140 approved under EB-1? or just having a PhD does not automatically qualify anyone under EB-1 category.?
    Since he is born in India so reluctant to file under EB-2 due to endless wait.

    Generally, Just having a Phd degree is not enough to file for EB1. Every case is different, sometimes, it depends on the field of study also - so, consulting an experienced attorney is recommended.

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  • desi3933
    05-19 03:57 PM
    2) Explain why you leave at the following address( XYZ�.) and your spouse lives in ABC address.

    I hope that you are aware of the rule that AR-11 (change of address) must be filed within 10 calendar days of physical move.

    Not a legal advice

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  • st4rguitar
    08-22 12:11 AM
    No. Once it has expired, it has expired. The DOL implemented the 180 day rule in July 2007, and since then, all cases have been subjected to it. I have not heard of any exceptions to this rule.

    I am from India. My employer had applied for PERM EB2 labor while my old EB3 labor was still pending. My EB3 labor, with priority date of MAR 2005, was approved before July fiasco and I was able to apply for 485/EAD/AP/etc.

    Last August (2007), my PERM labor was approved too; I had the chance to file a new I140 and request interfiling with my existing 485 application. But my lawyer suggested me not file a new I140 and we let the approved EB2 labor expire.

    Now, I am having second thoughts, as I did then. Is there any way I can use the old expired labor (> 180 days after approval). I know I cannot use it directly to file I140, but are there any ancillary benefits of having an approved, albeit expired labor? I am thinking of either checking with my employer if they can file a new EB2 PERM labor if I qualify, or switching my jobs.


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  • glus
    01-05 08:32 AM
    NO, you cannot interfile. A Family-based priority date, cannot be used in connection with employment-based. If you are married to a U.S. Citizen, and you already have an approved I-130, you can apply to adjustment of status immediately through the U.S. Citizen. You file AOS now and it may get approved much faster than the employment-based. Once you file the new I-485 through family, you generally should withdraw the employment-based. But wait until you receive a new EAD via the new I-485.


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  • go_guy123
    09-04 01:23 AM
    I am a nurse from the Philippines currently living in northern California, enrolled in university, working towards my masters degree. I currently have a F1 student visa, have already passed the NCLEX and also hold a Philippines RN license. I don't have any work experience as a nurse besides my clinical experience as a student. I wanted to know what my current options are? I have a company willing to sponsor me on the east coast. I was referred to them by my sister-in-law who is currently working for them. I spoke to the companies recruiter but she couldn't answer some of my more detailed immigration questions.

    I just wanted to get some options from some helpful members here. I currently have an appointment with an immigration lawyer next week but wanted to be somewhat inform on my options before meeting with the lawyer.

    I know their is a long wait currently for nurses coming from the Philippines. Does it make my situation a little easier considering I am already in the US on a F1 visa? I was told that if they were to lift retrogression for nurses that I would be process asap because I am currently living in the US legally... I seriously have my doubts about this lol.

    Any insight on my current situation is much appreciate.

    Thank you all very much,


    A lot of nursing jobs dont need a 4 yr bachelor's degree and thats why you cant use
    H1B for that unless the specialised nursing jobs needs a bachelors.
    Therefore (thankfully) Nurses are directly applied for Green Card EB3. However there
    is significant backlog even for ROW EB3. There is lobby effort to allocate green card quota for nurses like they did in 2004.
    The employer (with the lawyer help) will file I140 for you and when the PD is current you can file I485.
    But since you are on F1 visa, filing I140 you might have problem with the non immigrant intent clause at the
    port of entry.

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  • vkotval
    03-28 08:11 PM
    Fiscal year 2007 -- Does this mean all the visas issued from nov-07 till date or nov-06 to oct-07 ?


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  • vsuri
    11-16 08:14 PM
    Yes, you will need an Advance Parole or an appropriate visa to enter the US from Canada. AP approvals are taking close to 3 months these days so you should e-file your application ASAP. Also, call USCIS at (800) 375 - 5283 to expedite your application once you have the receipt number since you need to travel at such a short notice.

    Some people have had luck contacting their congress representative as well.
    United States House of Representatives, 111th Congress, 2nd Session (http://www.house.gov/)
    (enter your zip code at the top left of this web site to find your congress rep)

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  • kirupa
    05-02 05:05 PM
    HAHA - very clever :)


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  • nozerd
    01-19 03:34 PM
    Date when LC is filed if its in a category where LC is required. If its NIW or Scheduled A then PD is date I 140 is filed.

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  • instantkarma
    01-29 08:55 AM
    Thank you for the response.
    The salary on Labor is mentioned as $76k. At the time of renewing EAD and AP every year it is at $90k. Since, salary increased after filing GC within the same company.
    With AP portability a lot of advisors say, salary shouldnt be a concern rather job duties are.


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  • sheela
    07-21 10:54 AM
    Just checking: How many of us got the COPIES of 485 petetion filed by attorney. I asked my attorney to send me copies of petition filed and the supporting documents submitted (filed on 6/29 and delivered 7/2: July VB). Despite calling and writting couple of times since the filing, I have NOT got the copies to make sure if filing was okay. we provided all info and documents required.
    My question: 1) Is it a common practice for attorneys to supply a copy of filed petion to clients. 2) How many people got copies.
    It helps to do some introspection. Please, let us know

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  • mihird
    09-06 05:59 PM
    I started my 10 hr./week part time job 2 years back (I was 4 years on my primary H1 by then). We filed a 2nd H1 and had no problems getting it approved - we got a 2 year approval aligned with the primary H1s 6 year expiry..

    My both, the primary H1 and the 2nd H1 are up for renewal in Jan 07 & April 07 respectively and I am also up on the 6 years on my H1 by then.

    I have an approved I-140 from my primary H1.

    I have a question which I hope someone can help me answer. Will the 2nd H1 also qualify for the 3 year extensions, just like the primary H1 based on the I-140 approval on the primary H1?

    I am guessing yes (it sounds logical to me), but am not sure...can anyone confirm?


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  • kondur_007
    03-09 06:38 PM
    You need to speak to a very good lawyer before doing this.

    As far as I know, While you are on US soil on H1B visa: you can not work for anything else (not even during after hours, on holidays etc) for any company (not even an Indian company).

    Doing so will violet H1B status.

    So yes, you can establish a company in India when you go there for vacation, become a CEO of it and work for it (while you are there), but can not work as a "CEO of indian company" while you are on US soil.

    This is technical law...just so you know.

    Good Luck.

    PS: I like your idea and I admire your dream.

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  • SBH
    01-11 08:33 AM
    please reply..


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  • permfiling
    09-27 10:40 PM
    hi smuggymba,
    As your H1 extension is in process you can continue working until you get the approval notice. One you get the approval notice u will have the new I-94 with it which you can attach to the current one in passport and later point u can go for visa stamping.

    Take the advise of your attorney as well

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  • GCeffect
    11-13 09:26 PM
    in case he application is denied, will there be any time mentioned in the denied form or not? thanks for your input

    Go ahead and apply, as long as you get the receipt before expiry date on her I-94, you should be fine. You will have to be ready for her return to India ASAP if her extension petition is denied, as she might start incurring illegal stay, which might create hindrance for her next visit or her next VISA application.

    It would be a good idea to state about her anticipated visit to other states etc. instead of other reason.

    It is likely that she might get RFE, but it should all be answerable.


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  • Blog Feeds
    10-28 01:10 PM
    AILA Leadership Has Just Posted the Following:
    The Board of Alien Labor Certification Appeals (BALCA) recently upheld the final determination (http://www.aila.org/content/default.aspx?docid=30320) of a Certifying Officer (CO) denying labor certification (LC) for an alien worker for the position of Electrical Helper.

    The employer filed a LC (http://www.mvplawgroup.com/greencards.php?action=laborcert) on behalf of an alien worker and in November of 2007, the CO denied the application because he was unable to verify the Employer as a bona fide business entity. The Employer requested reconsideration by submitting its 2006 Federal Corporate Tax Return, its Business Certificate Registration and two utility bills. The Federal Employer Identification Number (FEIN) provided on the 2006 Tax Return only matched the first two digits of the FEIN previously provided on Form ETA 9089. Furthermore, the utility bills and the tax return provided a different address from that on the Business Certificate Registration. Thereafter, the CO issued a letter denying reconsideration because the FEIN on the corporate tax return did not match the FEIN on ETA Form 9089. The CO then forwarded the case to BALCA. The Employer filed a letter stating that its company had two addresses, one for its motor shop and the other for its main office, the CO did not file an appellate brief with the Board.

    Upon BALCA review, it was determined that the requirement in ETA Form 9089 requiring submission of a FEIN was fully supported by the regulations and by policy of using the FEIN as a means of verifying whether an employer is a bona fide business entity. An employer MUST possess a valid FEIN when applying for labor certification pursuant to PERM (http://www.mvplawgroup.com/greencards.php?action=permprocess) regulation 20 C.F.R. � 656.3. In the present case, there was a discrepancy in the FEIN provided in ETA Form 9089 and in the 2006 tax return; however, the Employer failed to explain the discrepancy.

    Accordingly, since the discrepancy in the FEINS was not clarified, the Board affirmed the CO�s denial of certification.

    More... (http://www.h1bvisalawyerblog.com/2009/10/balca_upholds_denial_of_labor_29.html)

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  • invincibleasian
    02-25 07:08 PM

    A couple of questions on the simaltaneous filing of I-140 and I-485

    1) I had read somewhere that USCIS was going to stop the same. Has that happened yet?
    2) Say a person has applied for the I-140 but cannot simaltaneously apply for 485 due to retrogression. In the event that the dates become current BUT the I-140 is not yet approved, can the person still file for the 485 under the simultaneous filing or does he have to wait till the I-140 is actually approved?

    Once a I140 is filed without the I485 one has to wait for I140 approval before being eigible for filing I485

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  • vallabhu
    08-26 02:11 PM

    04-20 11:24 AM
    I got the RFE letter today. I do not see any LUDs on my portfolio. But I got RFE by mail.

    Here is the extract:
    Your application contained Form I-693 in which the required Tuberculin skin test was not conducted. Please note there may be conflicting information on some published Form I-693 instructions regarding when the Chest X-ray report should be performed. It is required only when the Tuberculin skin test indicates a reaction equal to or greater than 5mm, or when the reason for why the Tuberculin skin test is medically inappropriate to perform has been annotated on the Form I-693. Please submit a newly completed form I-693 indicating the results of the required skin test.

    Please advise.

    03-17 05:06 PM
    but but you will still need to wait for 9+ months to get your new 140 approved right?
    But would waiting an aprrox 9 months matter if the dates are current ? Else i see your point that it is another wait.... it all depends on the timing and a bit of luck i guess.

    vinabath, i think you might be right about BS+5, all i have is BS+4. So if i wait for another 8~9 months, get 5 full years, move to EB2, then wait another 8~9 months for I140.... by that time i'll prolly be current in EB3 ROW (PD Jun 2006) :confused:

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