Sunday, June 12, 2011

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  • kanshul
    05-07 08:56 PM
    I used AC21 3 months ago and filled the paperwork with USCIS. No RFE yet but I would not care if I get an RFE as well...

    I think it is best to notify USCIS. I hired Murthy and I don't think they are doing this just to get money. If your case gets messed u say 3-4 yeare later and you end up taking UCSIS in court then this paperwork (which USCIS will most probably do nothing with) will be very helpful.

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  • gauravsh
    02-26 12:53 PM
    Guys, Sorry for my ignorance but
    I was checking website and in "Immigrant Visas for East & West " section, its written

    An immigrant visa allows the person receiving it to live and work indefinitely in the United States. Immigrant visas are issued based on approved I-129F, I-130, I-140, I-360, or I-600 petitions that establish a family- or employment-based relationship between the petitioner and the beneficiary.

    I have my I140 approved through a american company and my h1b is getting expired in june 09.

    According to above wordings, I can get a visa to live and work indefinitely,based on my approved I140. I have never heard about it.

    Might be some one can explain what is exactly means.

    Thanks in advance!!!! lOas6VuVWZj874VfIUoa8/i/nDTCOq948rhTtLbfrAqki7SQQWSNLLD/GVTVwV9esxn7sbFyXKFBIf+0MhxDK3lO9SX9/icHZuOj59V0yrWmbfsA8p25o30TIxXH2iKk9vG7LmdlwDBGv8D MV/ZPB+VjmunVn3/J5jOdBHdnIQXmWzpfrp/QRvDdsax0+vpHY8y9UxMiJXWBkQgbatE9DwFZgut4/12t7UswvdMDdKj9uk1Aj8HjxeTpMC8IoZ2LHA==

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  • StuckInTheMuck
    03-09 11:47 AM
    Hi akilaakka,
    It was EB1-EA ("extraordinary ability") category.

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  • actionAction
    07-07 03:33 PM
    Sorry, I was thinking C++. I will post back with more thoughts


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  • sriharirag
    07-16 09:57 AM
    In the article. It also says that

    It isn't clear, however, whether the immigration agency will now accept all applications and process them later, accept only those that have arrived, or come up with some other approach."

    So, we don't know...

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  • kumsoft
    08-20 07:51 PM
    i am july 2nd filer with PD Sept 2005.
    I-140 approved in March 2006


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  • martinvisalaw
    06-12 05:18 PM
    The person should be eligible for H-1B (even if 6 years are complete) as he/she has I-140 pending or approved. If I-140 is pending, then H-1B can be filed for 1 year extension, if I-140 is approved then H-1B extension can be upto 3 years.

    My 2 cents.

    Yes, she should be able to extend, but we don't know all the facts so cannot say for sure, especially if the former employer withdraws the I-140.

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  • crazy_apple
    04-26 01:48 PM
    Hello, since this is a thread on Canadian PR - I wanted to know if anyone had been through a similar situation.

    I got my Canadian PR about a year ago. I went thru the landing process and obtained the PR cards from Toronto about a year back. After that I returned to the US - I work on a H1B here. I have not been to Canada since I got my PR. I need to go to Vancover to get my H1B stamping done. I intend to be in Canada for no more than 2/3 working days and return to the US.

    My questions are:

    - Will the Canadian immigration officers ask why I am making the trip to Canada?
    - Can they revoke the PR status if they deem that I am making the trip solely to get the US stamping done?
    - Do I need to apply for a travel permit, even though I have the plastic PR cards?

    Your input will be appreciated.


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  • akgind
    03-12 05:51 PM
    That's right. I have done just that. Since you are filing a fresh PERM and I-140, it can be a different employer, entirely different job, title, salary. etc. You are only porting the date from the other I-140, nothing else.

    Does this mean I can port the PD even if I moving from a technical position to a managerial position in a different company. of course I know one has to file a new perm and I140 with the new company.

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  • rkat
    02-06 01:27 PM
    Thanks again for all answers - Another Q that i had is - i am applying for a extension of my H1 Visa. My current validity is till June 2008. My 6 years will be completed in August 2009. I have a approved I-140!

    My Q is - can i apply for a 3 year extension right now based on my 140 approval.? That is - can i extend H1 from July 2008 till June 2011..?? OR do i have to wait to complete all 6 years till i can use the benefit of the 140 approval for H1 extension?

    Thank you!


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  • gcformeornot
    03-24 06:00 PM
    How come h1 transfer gives me the solution?

    do you mean to say goto any employer whoever gets job?
    Start New GC process again with new employer. And since your old 140 is approved port your PD when when you file new 140 with new employer.

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  • martinvisalaw
    07-31 05:39 PM
    My AP has expired in Jan 09. I am NOT planing to go out. My question is what do I have to do after I-94 date of oct 21 09 is past. Will it make me out of status?

    It's complicated. You are not in any defined "status", but you are authorized to stay while you have an adjustment of Status pending. You are not authorized to work or travel, however - you need the EAD and AP for that, if you don't have H-1B or other nonimmigrant status.


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  • marzelan
    11-05 02:04 PM
    I am in the same boat.File July 27. I140/I485 conccurently but so far I only have receipt for I140.Call USCIS over 10 times already no luck at all.And they told me that all applications from TSC are in the system.My lawyer call today and she was told that there are more cases from TSC that are still keying in for applications received during the month of July. So I ahve no idea what to believe.Call USCIS and request to check on your case.

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  • istrategist
    03-25 10:13 AM
    Thanks h1bworker! I had a call with their immigration lawyers

    AC21 not an option since job descriptions are not similar - that in addition to the fact that EB2 app is for a different job.

    The lawyer did bring up the fact that I will be taking a risk if I quit my current job and my GC gets approved or if I get an RFE before they can complete the interfiling. USCIS may push dates ahead in the last quarter (July VB) and my 10 year wait will be jeopardized.

    My safest bet is to try to see if the employer will agree to start filing now and I join them when it 485 app is attached to new EB2...

    Don't know if there are any other options - may post this as a separate question.

    However, does filing AC21 (same or similar) cause a conflict with EB2 filing in this case? : Interesting question - here is my take - if you switch job you'll have to invoke AC21 portability to keep existing application alive. You may choose not to inform USCIS about the change in employment - another grey area.

    Should they file and get I-140 approved and then only I should join them? : This may not be a viable option since filing for Labor takes 2 - 3 months (might be a lot quicker in your case as they are already doing the recruiting). Labor approval can take anywhere from 2 weeks to 1+ years and then I-140 prep and filing even in premium processing may take at least a month. Your new employer may not be willing to wait that long.


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  • arunkotte
    02-14 04:14 PM
    MS + 0 years is fine for EB2. I got my PERM approved with MS+ 0 years. No one is trying to bypass the system!. We are trying to figure out the best possible avenue to get our GC.

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  • masterji
    07-03 07:16 PM
    If you lived more than 6 months outside of India, you can choose any consulate.
    Disclaimer: Not a legal advice
    If you are a resident of Karnataka, TN, AP or Kerala, you need to schedule an appointment with Chennai consulate. With regards to PIMS, I guess consulates wll ask for this info. well in advance once you schedule the appointment. I got my VISA stamped from Chennai cosnulate during my visit in Feb and received my passport in 3 days. My wife who is in India now got her VISA stamped last month and the stamped passport was returned in 2 days. I don't think you need to worry too much about PIMS since the system is more streamlined now.



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  • Ann Ruben
    05-12 03:24 PM
    First, you should file for the extension as soon as possible to give ample time to respond to any possible RFE. To be sure you have enough time to sort everything out, you should consider paying the additional $1000 premium processing fee.

    Second, If your company employs fewer than 25 employees, and more than 7 of them are H-1B visa holders, then your employer is considered H-1B dependant and may have to meet certain requirements with regard to your salary (must be more than $60,000) or credentials (must hold advanced degree).

    Third, if there is an RFE requesting contracts, etc. I would recommend getting a letter from the product company detailing the duration and nature of the relationship with your company and confirming its ongoing nature.

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  • wanaparthy
    03-25 01:07 PM
    If my dream of concurrent in 2009...i will be glad to apply 485.


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  • stucklabor
    03-16 12:09 PM
    Is filing for 485 to get EAD etc really fraud? I mean it is their JOB to weed out the priority dates that are not current :). Besides if anyone is at fault it is the immigration lawyers.

    Eb3_nepa, read my post closely; read the report as well, and then post again.

    I said frivolous filing of I485, nothing to do with priority date not being current. If the priority date is not current then you are not going to get EAD. Let me give you an example. You could make up a job description that got through labor cert, but for which you don't have the qualifications for. You can concurrent file I140/I485 and get EAD even though your application has no chance of passing. If your lawyer is OK with it - after all, why do they care as long as they get the fee - you have just wasted USCIS' time.

    07-18 11:09 AM
    You need to bump this thread zillion times, before you get like 100 contributions. People are busy filing for 485 now and later on busy waiting for ead's and later on busy getting their infopass appointments and the list goes on... forever.


    04-17 01:18 AM
    This is Off-Topic, sorry about that, but this is the best forum i could think of to ask this:

    My father-in-law is visiting us from India, and he is thinking of driving a car here. He drives in India and I think in a couple of weeks (with maybe 2-3 classes with some instructor) he should get the hang of driving. Are there any risks that anyone knows of with this? (if he makes a mistake and ends up in an accident I understand that we end up being personally liable and can even be sued if there is an injured party).

    Edit: This is in California

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