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  • satyab7
    04-07 06:16 PM
    What if VISA is not given .. can you come back?

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  • Nikhil2
    02-10 05:01 PM
    Thanks for everybody's reply. I am still confused. Here is more info about my case.

    I plan to transfer PD from EB3 to EB2.

    My EB3 RIR was approved. The job description required BS and nothing else. I-140 hasn't been filed yet.

    MY EB2 PERM was filed and pending. The job description required Master and nothing else.

    I obtained the Master degree even before filing EB3.

    Now, I plan to file the 1st I-140 based on my old LC. My attorney said it would be approved without any problem.

    Then, I plan to file the 2nd I-140 based on new LC and request PD carryover. My attorney said that I would have problem at this time. Since both LCs belong to the same company and both have the same job title - Software Engineer. And, they have different job requirement.

    Any more comments?

    I think it all depends on what the job qualifications required are.
    Hope this helps

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  • Dhundhun
    04-15 02:52 PM
    Practically not much.

    If FP is for EAD, one is likely to get EAD soon with fingerprints.

    If FP is for GC, it usually gets OK in 2-10 days and then there will be a soft LUD. GC application remains in pending state for Priority Date, Processing Date and Name Check (now there is NC override of six months).

    FP is not a bottleneck, except for few cases - they have not received FP notices for the past 8-10 months.

    It is expected that Priority Date and Processing Date will be cause of delays

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  • garybanz
    10-28 09:41 AM
    Congrats ! I guess the 3 green card is a magic number as mine was 10 yrs stay and 3 GC applications as well.

    Did you receive the I-797 approval letter and at which service center was your case approved at.


    Nope did not getthe I-797 yet, just an e-mail from USCIS. This was at NSC

    Did you get your physical green card? Have you completed your FP?


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    07-23 12:13 PM
    Dont know whether it matters.

    But R. Mickels.

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  • sledge_hammer
    06-09 05:25 PM
    By "have not run payroll since last 6 months," if you mean you were on "bench", then you are already out of status. You have more important things to worry about than your I-140 denial, like making sure you have a job, and you're getting paid!

    I'm sure you already know, but I'm going to say it again anyway - if you are here on H-1B, then you need to be working, and getting paid for it. There is no such thing as "bench" time.

    You must be working for one of those bodyshops that don't pay you when you're not on a project. If you did not have projects, your employer should have still paid your salary, or terminated your employment. Find out from your employer if he has sent a H-1B cancellation request to USCIS. Finally, get your employer to pay you for the 6 months. If he refuses, then file a complaint with DOL.

    I just came to know from uscis website that my I140 is denied. I have not received any documents from uscis as my name is in beneficiary. It will goto my employer. Than If he respond than I will know.
    I am currently on 7th year of h1 extension and having 2 weeks left on my h1. (22 june 2009)
    Not on project rightnow and have not run payroll since last 6 months.
    My employer is not responding to any of my emails and phone calls since 1 month.

    GC Filed: march 2005 in traditional process (not in PERM) EB3
    Labor approved : june 2006
    I140 filed: Nov 2007 - Denied end of may 2009.

    1) What are my options ?
    2) Can I use my current approved labor to get extension in new company after h1 transfer?
    3) If I transfer my h1 to another company, what about next year h1 extension? if company does not file GC at the time of h1 transfer. does 365 days rule apply in that ?


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  • cooler
    07-07 03:23 PM
    My wife is working as an independent contractor(1099-misc) on an EAD. I am also on EAD on W2(full time employment).

    We file our taxes jointly and hence instead of making advance payments/estimated tax payments quarterly, cant I just have my company withhold more money from my paycheck every month?

    That would make things so much more easier..

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  • saurav_4096
    08-21 04:06 PM
    I dont think there is system in place where It can be tracked for cash worker at GAS Station.
    So do not understand what has happened with him ...???:confused:


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  • Ann Ruben
    10-24 11:08 AM
    While there is no requirement that experience letters use language identical to language used in the PERM application, substantive inconsistencies can be a problem. If the PERM appication requires experience in XYZ technology, then the experience letter must mention XYZ technology. If, on the other hand, the PERM application simply requires experience as a systems analyst, then it doesn't matter whether XYZ technology is mentioned in the experience letter.

    So, to determine whether your experience letters are adequate, you should first review Section H
    of the PERM application and make a list of the employer's stated requirements. Next, compare that list to the content of your experience letters. If the letters do not clearly and explicitly cover everything on the list, note exactly what skill, knowledge or experience is missing.

    Then, assuming your prior employers are not willing to amend the letters already provided, identify others (colleagues, co-workers, clients) with actual knowledge of your work and request notarized statements from them to supplement the letters you already have. In addition, if you completed academic or technical course work related to the missing skill or technology, obtain letters from the professors or instructors and/or course descriptions + your transcripts/certificates.

    This basic analysis becomes more complicated if, in addition to documenting prior experience, you are seeking EB2 classification based on "five years of progressively responsible experience". In that situation, not only must the letters document that you possess specific skills, knowledge and experience, they must also document the progressive trajectory of your career.

    A FINAL NOTE: If at all possible, experience letters and related documents should be obtained and provided to the employer/lawyer PRIOR TO preparing and filing the PERM application.

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  • stillhowlong
    01-17 02:57 PM
    Yes Interfiling is just for that, no matter how the labor cert was used, when that EB3 I140 was approved it was all valid. Now you are only porting the PD from that approved EB3 I140.

    If you are to file I485, have your attorney write up a letter explaining how you are eligible for filing I-485 based on interfiling your EB2 I-140. Also the letter need to be in bright colored sheet to differentiate from other B/W docs and application.

    Now a days USCIS automatically approves I-485 based on the earlier PD. Since in your case you don't have a I-485 you are not being benefited by it. I have read in IV that people getting GC based on their previous EB3 I-140 PD(with PD being current), if they happen to have another EB2 I-140.

    Good luck

    Thanks RaviENK. Let me put my exact case details here. I have EB3 I140 approved with my current employer with the priority date March 2005. For some reason we did not file the I485. Now I am looking for the new employer who can file my labor and I140 in EB2 category while I am still working for the current employer. Once the EB2 I140 is approved, I can switch to my new employer. My question is as follows
    1. If for some reason, the porting was not done from eb3 to eb2 and new I140 is approved, will I be able to file I485 with the new employer?


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  • velan
    06-22 01:56 PM
    Well said. Be positive and work with IV core team to get something done.

    Just an assessment on where we are collectively as a group:

    312 new members in June 2006
    1100 new members in May 2006
    1400 new members in April 2006
    1000 new members in March 2006
    400 new members in February 2006
    600 new members in January 2006

    4812 in total membership.

    Each one of us should personally get involved in engaging legal immigrants who are affected by the retrogression problem. It is hard to imagine that there are 6-figure number of people in retrogression but there are less than 5-figure number (4812) of people participating in this voluntary effort undertaken by IV.

    Please talk to people around you and make them aware of the situation. Creating an account in IV and clicking a button to send web faxes is the least these people can do for their own benefit.

    I'm sure that IV core will also become stronger and can gain more leverage during negotiations/lobbying with the appropriate authorities.

    On a side note, please have some faith in the strategic decisons made by IV core. I understand that a lot of people here are desperate to see some progress but I personally feel that IV core is on a great strategic path to acheive our goals. In the mean time, if each of us can do our part by recruiting 10 people to join IV by the end of July. We will be stronger and more effective.

    Just imagine if our membership is close to 50000 by the end of July, we can take a rally just like the Irish lobby group. Ours will be much legitimate because we are not rallying for illegal immigrants, unlike them. So divert your time resources in the next month in achieving this goal and leave the strategic decision making to IV Core and QGA.

    Peace out!

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  • vivache
    11-08 06:56 PM
    I agree .. I missed the 2.5 people per application, which does make sense.
    The 245i sounds like an unknown .. since I have no idea how many visa will go from eb3 for 245i. Or for that matter even for EB2

    This could be a dumb question .. but any idea . when I can get my GC for EB3 .. July 2002 priority date?



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  • fromnaija
    03-18 04:53 PM
    This is the wrong forum for you to ask this question. However, I know that (c)(9) is not correct on line 16 for your wife's case. (c)(9) is only for Employment Based GC applicants.

    That is not true! (c)(9) is the right code for all pending adjustment of status applicants. See the instruction to Form I-765 here:

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  • hoolahoous
    02-04 10:53 AM
    since it was USCIS who lost the documents, shouldn't they give YOU benifit of doubt ? Specially considering that they KNOW that there was an AUTO created I-140 in their system. Technically you can't file I485 without I140. If their system indicates that they have created an I-140 that itself indicates that they accepted the error on their part first.
    If you challenge USCIS decision in court, I think you have a good chance of getting the decision reverted.

    PS: I am not an attorney so consult an attorney first.


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  • Hermione
    09-25 01:15 PM
    Take an infopass appointment and talk to an officer. There have been rumors that you may get the answer over the phone, but I never experienced it.

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  • Raj12
    10-31 12:28 PM
    Does anyone know phone no. and office hours for Atlanta Field Office. Thanks


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  • s_r_e_e
    08-13 06:20 PM
    1) The award you submitted was academic in nature. USCIS maintains that student awards such as fellowships, scholarships do not meet this criteria. Do you have anythingelse that is nationally recognized? Show me the evidence.

    2) You submitted your work at research meetings. That is what researchers are supposed to do. How is your work is above and beyond what is out there in those meetings? "Consequently, it does not follow that all scientists who are asked to present their findings enjoy sustained acclaim in their field". Show me how your presentation history exceeds others.

    3) Show the clear evidence that you have performed a leading and critical role in your organization.

    4) You published several papers. But scientists are supposed to publish and dessiminate their work. Please resubmit updated citation listing. Please submit objective listing that your publication history exceeds the rest of the field.

    DOL guys seem to know what they are doing.

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  • lskreddy
    08-07 03:03 PM
    I am a consultant and work for a client. My client wants to extend me a permanent offer and my consulting company that I presently work with would have no problems if I accepted the offer from the client.

    I have asked the client to remote work from India and they said I could for six months and re-evaluate at that point. I can get a three year extension based on my I-140 approval with my consulting company (no 485, dates not current) if my client applies for a H1. I am not sure if I should or apply for a different visa.

    The company that I intend to do remote work for does not have presence in India. Cannot do L1 I think.

    What are my options?

    Can I ask the company extending me an offer to apply for H1 and then work from India for six months?
    (or) Can I just leave, work for them in India, and visit them periodically on B1?

    I am planning to work remote with the company's understanding that this would be for the long term. So, it may actually extend beyond 6 months with possible periodic visits. Both the company and I would like to see how the first six month goes.

    Any other suggestions. If there are tax implications, I would appreciate some feedback.

    Thanks for the service.

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  • WaldenPond
    05-25 06:59 AM
    Thanks for sending the webfaxes. But that would not be enough. Please make phone calls as well. Please tell/email all your friends to do the same.

    Here is the link that provides information about the talking points and phone numbers of the key Senator offices:

    07-17 05:37 PM
    Great news...... Keep going IV

    04-23 01:14 PM
    If unsure, go with the lease date. No harm informing USCIS earlier. I've changed my address before and trust is a freaking mess. Here's my advice:

    1) If you file online, make sure you save yr receipt. If paper file, make sure it is certified/registered mail.

    2) 1 to 2 months after filing, schedule an Infopass and ask the officer to verify the updated address.


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