Sunday, June 12, 2011

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  • knowDOL
    08-15 11:01 AM
    Converting to PERM is safe, does cost money and advantageous only to get 3 year extensions of H-1B which will save your company the money for extensions. (H-1B). It does not expedite your GC processing time and does not fetch you even EAD.

    My company's attorney converted 4 EB2 cases with PD March 2005 to PERM and successfully got approved all the 4 cases with in two months. On all the four cases they have not got the 45 days letters.

    In your case since you are in 8th year extension it may be better to either convert exisitng EB3 to PERM or file a new EB2 for a different position in same company and get I140 approved. Evaluate based on which one costs you less money.

    Hi Mike,

    I am with same company since I came (since 2000) and my current LC (RIR, EB3-India) pendng at PEBC, my PD is 06/16/03, I am about to file 8th H1 Ext, My Lawyer is not advising me to convert into PERM, can you suggest/refferer your lawyer?

    Thanks





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  • chanduv23
    02-28 08:44 AM
    I am in the same boat as well. But you answer your question - am almost sure you don't need FP to renew your EAD. Having said that - why would renew your card in June? (Considering that you might not have received your EAD till Aug-Sep'07 of last year).

    the fact that there were so many EAD applicants through June/July - the workload will be very high on USCIS so everyone will file at the earliest ie proposed 120 days prior to expiry.





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  • sidd
    06-19 04:50 PM
    Hi.,

    My wife and kids went for visa interview last friday (13th June 2008). Visa officer collected their passport and told that you will recieve the passport by next week. NO colored notice/slips are issued that time. But, We didn't receive the passport so far. The passport was NOT sent to the VFS office either. When we called the consulate regarding this, they told that the passport is with Consulate only and I-797 verification is under process which will take 5-10 business days.

    My questions here is:
    1. Once the visa officer accepts the passport, what are all the process involved before despatching the stamped passport to the applicant?

    Note:
    Currently I am in US under visa extension and yet to get my passport stamped for this extension period. My wife went to stamping with my new extension approval notice I-797.

    Thanks

    It is PIMS verification. Your I-797/petition is verified against a central database. If the petition info. is not already there in the database, then it may take around 1-4 weeks to get it entered in the database and verify it.

    I would appreciate if you could share some more information about yourself that can be helpful to others...like....app. when your H1B was approved and from which CENTER. To which consulate your wife went for the stamping?





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  • surabhi
    05-21 09:29 AM
    (a) I am currently in L1 and have a priority date of May 2004 and I am in EB3 category

    (b) I have an approved I-140

    (c) My 485 has not been filed yet

    (d) I just got my H1 approved and it would be effective from Oct 1 2008

    So, if I change my current job from Employer A to Employer B and if Employer B agrees to take over my Green Card Process,

    1) Should I re-file my I-140? (I presume the answer is Yes, but don't want to be a smart a**, wanted to get it clarified to the maximum extent possible)

    2) Will my current Priority Date be carried over? That is, can I re-file my I-140 with my new Employer B with the same priority date of May 2004?

    3) If I can move from Employer A to Employer B and file my new I-140, should this be done asap and before Employer A revokes my current approved I-140?

    4) How much time does it take when I file I-140 with premium processing? (I can probably find this from USCIS website, but wanted to know real-time experiences)

    5) Within how many days of joining my new Employer B should I file my new I-140?

    6) I understand that the Employer A can revoke my I-140 and use my approved labor for any other viable applicant, but I also know that the Labor Substitution concept ceased to exist from July 2007. What is the benefit for my Employer A to revoke the I-140?

    7) Last, but not the least - Should I file for a new labor where I will get a new Priority date and go back to that (god forsaken) square 1?

    Thanks in advance for your time and I am finding it difficult to assimilate the answers from various posts.

    1. yes, you should refile your I-140 . In fact you should start from labor ( to your Q# 7)

    2. You cannot directly file I-140 . you should start from labor, but you can port your eariler PD
    3. Revoking earlier I-140 has noo bearing on new labor / I-140 app, since you are not in I-1485 yet.
    4.there is no premium processing yet for I-140
    5.It has no bearing. Its upto you.
    6. Even if it cannot be used for another person, one genuine reason why employers would want to revoke is to avoid RFEs regarding "Ability to Pay" for other employees they are still sponsoring. By not revoking your I-140, their ability to pay will be reduced by that much amount.
    7. See above

    this is all based on my knowledge of a friend who has gone thru similar process. Please validate with an attorney.



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  • bestin
    05-15 10:20 PM
    Sorry for high jacking the thread but I wanted some info on eb2 perm and greencard over all

    My qualifications are

    Bachelors in engineering - 4 years
    Masters in computer science - 2 years in US

    Experience of 6 years in software dev

    My job requires BS+5 years only , Masters in not a requirement.

    Can I file in EB2 ...could you please elaborate your experience in eb2 .
    Yes You Can.My 140 is still pending in EB2 category.

    Mine is BE-4 Years
    7 Years Experience in Indian Branch Office of the current Company + Approx 9 months outside this company.





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  • leo2606
    01-09 11:44 PM
    Probably you are right for EB3 ROW but I don't think that is true for EB2 ROW.


    I would have said 2020 but as you are not part of India or china may be 2015.



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  • HV000
    03-09 01:49 PM
    Can somebody suggest/recommend a good immigration attorney in Chicago for filing G-28 and filing AC21? Thanks!!





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  • Green06
    10-15 11:35 AM
    DMV laws vary from State to State. When I lived in CA they gave me 5+ yrs of DL but In my home state of Minnesota DMV puts status chek date on the DL which is the date of the I94 expiration. They send a letter at home to show the proof of extension otherwise the DL will be cancelled. I am planning to get it extended by using EAD (i haven't received EAD yet and my H1b extension is being applied). I read on Murthy's site that using EAD for DMV pupose doesn't affect the H1b status.



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  • digital2k
    08-06 12:39 PM
    *





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  • cakewalkr7
    08-21 08:35 AM
    Okay, so the viewbox doesn't work in silverlight? I'm trying to do this type of an animation in silverlight so do you know of another container that would work in the browser? Thanks.



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  • nkavjs
    12-18 01:17 AM
    Friends Hi:
    We are leaving for India in January 2009. I have AP and EAD approved with expired H1B visa stamp on my passport with I-485 pending since July 2007. We have booked flights to Mumbai via Amsterdam (KLM -NWA). Do I still need to get a transit visa, even though our flight will be halting for few may be 3-4 hours at Amsterdam. I am super confused. Please guide.
    Thanks
    RPH





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  • pd_recapturing
    06-20 06:14 PM
    I have a 9 digit number (xxx xxx xxx) with prefix 'A' on my approved I-140 notice (Nov 2006) just above my beneficiary name.

    I was confused about this number, so I called USCIS today and found that the number on my I-140 petition is the Alien number.

    USCIS representative clearly stated that 'A' number, File number and Alien registration number are one and the same; also this number can be 7 to 9 digits with prefix 'A'.

    So if you have �A� number on the I-140 approved notice please provide the same appropriately. However, not all I-140 petitions will have 'A' number.

    One other thing, Please do NOT say 'N/A' instead say 'NONE' if 'A' number is unknown at this present time.

    Thanks
    Raj
    Thanks for clearing this up.
    Did USCIS representative provide you any reason as to why all the I 140 approvals dont have A# ?



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  • jyothu
    07-18 04:19 AM
    The only way he can get more H1B is by staying out for 1 year, especially since he is already in India. In order to take advantage of the 485 filing, he MUST be on a legal status in the U.S. His legal status does include being your dependent, i.e L2 or H4 (if you are on H1B). Basically, in order to do that, he has less than a month to obtain a dependent visa and move to the U.S. This would mean that he would have to trade the possibility of getting an H1 with that of receiving an EAD in a few months.
    Also note that the H1 visa quota is full for 2007 and 20008 as of now. So, it is not a guarantee that he can get an H1 visa even for next year. Perhaps he could fly here on a dependent visa, not work for a few months until he gets an EAD and then resume his career in the U.S.
    In any case, I would strongly urge you to consult an attorney immediately.





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  • veni001
    02-06 09:46 PM
    Hi ->
    I got a lawsuit(summons) from my previous Employer ( I quit this consultancy in Oct 2010 ) and got this two days back with below points . I need to respond to them with in 30days. I quit this company has he hasn't paid any bench salary and haven't do any proper marketing - which were force me choose a permanent job.
    So could some one please advise me the right lawyer to handle this.I need to answer to this summons and need file a new case against them.

    Points that summons contain :
    FIRST COUNT : Breach of Contract
    Second Count : Tortuous Interference
    Third Count : Breach of Duty of Good Faith and Fair Dealing
    Fourth Count : Unjust Enrichment
    Fifth Count :Misrepresentation and Fraud
    SIXTH count : Breach of Duty of Loyalty

    Really I would you appreciate you guys advise me right way to handle this.


    Either you or your attorney can respond back to your previous employer indicating that you will be reporting to DOL on FORM WH4 (http://www..com/forms/wh-4.pdf) on his/her H1B violations(not paying on bench is clear violation of LCA). Remember one thing employment is at will ( both ways) in US.



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  • mdipi
    11-07 03:27 PM
    thanks for the great comments! deff do a tut! i think ppl would love it! and we can get our PS7 section. well off do do another tut. i feel bored.





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  • xgoogle
    06-23 09:08 AM
    I had applied under EB-2 category and my priority date is: 3/3/2006.
    My I-485 was filed on 8/2/2007.
    My I-485 was approved and I received my Green Card on Aug 15th 2008. Surprisingly and rather unfortunately, there was no action on my wife's I-485. My wife�s case was submitted with my own case on 8/2/07. The TSC at that time reported that �normal� processing time is 7/16/2007. So basically I got mine out of turn or by chance. The TSC protocol permits attorneys to inquire regarding the status of an I-485 beyond normal processing time if the receipt date is more than 30 days beyond the published processing date. So we could not inquire about my wife's application and soon the priority date changed back.

    She has an EAD approved until Oct 2010. She is currently employed. I am also employed with my first company and have been with them for 5 yrs now.

    My questions are:
    1. What happens to my wife's I-485 application, should I choose to leave my job and go back to school ?
    2. Will her EAD still be valid if I leave my job ?
    2. I am planning to go full-time starting Fall 2010. Will we be able to renew her EAD independent of my work status ?

    Thanks a lot for your time and attention,



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  • Jyotsna
    08-17 07:46 PM
    "Plan and direct " are the key words here. Being in the same space, I know it is similar. But don't take my word for it.
    Hi joydipatic,
    I have a question shall appreciate a reply. My job code as it appears on the labor certification is from Dictionary of Occupational titles.. 077.127.014 Can I move to 077.127.022. Thanks in anticipation.





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  • amohale
    11-18 10:11 PM
    Hello,

    I had to go to India due to a family emergency (death in family) in middle of my project. I have a new H1B and went for Stamping at Delhi Consulate on Nov 2nd. I got issued a 221G green form, to which I submitted the document requested on same day. 3 business days later I received a email from Consulate with another 221 G green form asking for all the documents. I sent all the documents via VFS on Nov 10th.

    I haven't heard back from the consulate yet. In the mean time, my husband used his contacts to approach a congresswoman who has been involved in immigration cases. She has agreed to take my case with the Consulate. But what I am seeing on the forums is that if Congresswoman write letter to the consulate can jeopardize the case by unnecessarily pressuring the Consular.

    It has been little over a week I submitted documents and I see that consulate is usually taking 2-3 weeks to respond. Please suggest if I should have the congresswoman write to the consulate or wait for the it to take the natural process and pray for the best?

    Any help/suggestion is appreciated.

    -Ritu





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  • itstimenow
    08-08 11:17 PM
    I spoke with the lawyer. She asked me to get an affidavit stating the arrest reason and also what happened. She will send this as soon she gets my receipt number.
    I am not having any case/docket number since this happened 4 years back.
    Lawyer is saying this should be ok and this falls under misdemeanor.
    Any suggestion?

    If it's a misdemeanor, you should find the case/docket number from the court and get the expungement record.. also give INS all the evidences.. if all is present, you won't have any problem. and send it to INS sooner so you save time on RFE too.





    acecupid
    07-12 02:18 PM
    Guys, Arnie may just decide to terminate us.:D I think we was completely against immigrants (mexicans) and received a lot of flak for his statements against the hispanic community. He had to take back his statements to please the community. Some commedians made fun of this statements saying "I'm in, now close the door" (referring to the wall on the border)

    fyi.. arnie is a austrian immigrant.





    dealsnet
    02-24 08:57 AM
    Easy way is let her go to India and stamp H-4 based on your approved H1 ASAP.
    All other process takes time. This will take less than 2 weeks.

    My wife didnot apply for green card yet. I have EAD and AP. Since dates are not current my wife couldnt apply for GC



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