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  • milind70
    04-01 06:05 PM
    Hello folks,

    i need some expert opinion here. These are my primary details.

    1. Perm Labor - Nov 2006. (EB2)
    2. I-140 approved - Nov 2007
    3. I-485 filed - July 2007.
    4 EAD - oct 2007
    5 FP - Nov 2007
    6 AP - Oct 2007
    H1-B extension denied in dec 2007 due to variety of company A issues.
    Invoked AC21 yesterday with company B.

    COMPANY B: Bought substitution labor of Feb 2004 EB3.

    I-140 filed : NSC : paper based filing no documents has been sent waiting for RFE on July 13 2007.

    But my labor substitute on 140 has been used for somebody else by mistake and now company B says they have few other labors to substitute and they say we'll respond to the query saying that the original one has been used and please consider the second one. Attorney has made this mistake since many labors were filed at that time and the labor that they have used for me has been approved . Do you guys whatever the attorney is suggesting is going to work? Please let me know i haven't got an RFE yet..

    Here are some facts
    1. Labor Substitution is not allowed as of mid 2007 .
    2. You could have invoked AC21 and moved to company B on EAD after 180 days of filing of 485 rather than trying to file 140 on sub labor
    3 I think you could talk to comapny B and ask them to hire you on job of same responsbilities as on your earlier labor.
    I think it is better if you see and immigration attorney for advise on this issue.

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  • SGP
    03-25 03:48 PM
    Once your I-140 is approved and even if the employer files to revoke the I-140 it will not affect your status. It is at the discretion of the USCIS to revoke the approved I-140. USCIS will revoke the approved I-140 if it detects that it was fraudulently obtained.

    Now to answer your question : Even if company A files to revoke I-140 before the individual files for H1 transfer, it does not make a difference to the individual.
    Deadline = April 30th, 2011
    Goal = 5000 votes on survey (see I-485 filing w/o current PD thread) and momentum to continue with this campaign.The survey is a platform to gather and push for launching action items. Based on response by 04/30/2011 - IV will decide whether to even proceed with initiative or not.
    Actions - 1) Vote on survey.
    2)Email ivcoordinator@gmail.com with PD, ph#,email & subject "I485 filing impacted�,
    3)Print/Circulate Fliers and spread FB, wiki link (see "support thread")

    You said you didn't get a chance to file for I 485 with company A , means you did transfer H1b. Did company A withdraw before you transfered H1b ? Did you do transfer with in initial 6 year of H1b ?

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  • swamy
    11-27 04:08 PM
    The moment one loses a job - technically the H1 status is lost. You can continue to stay here and look for a job under the Attorney General's authorization (AoS pending i.e) but USCIS is apparently counting it against the 180 days out of status that one can be for 245(k) purposes. So, as someone already said, if your approved 140 isn't revoked within 180 days and your 485 isn't adjudicated as well, you are ok. You may want to find a job soon though so you don't have trouble transferring your H1 or you may have to begin using your EAD and AP for travel etc

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  • Leo07
    05-14 02:53 PM


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  • surabhi
    06-02 10:50 AM
    NKR, thanks . I am considering that option.
    Can you please tell if I do the L1 Extension, will it NEGATE the approved H1 ?

    tricky situation indeed and I think it depends on how the "Last action rule" gets interpreted. A telphone consultation with attorney is probably in order.

    To my mind, going out of country and reentering is envitable in either situation.

    1) you apply for L1 extension, get that. Then to be able to work on H1, you need to exit and reenter to get a H1 based I-94 since the last action was approval of L1 extension.

    Attorney should confirm this.

    2) Let L1 expire. Exit country upon expriy of L1 and reenter using I-797 for H1.

    3) apply for L1, doesnt get approved until 10/01 then you are obviously starting on H1 on 10/1 and no further action required. Again attorney is best one to confirm

    In essence, in any event, you will not lose H1, but might have to go thru hassle of exit / entry to change status

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  • sukhyani
    12-18 03:54 PM
    Hi guys,
    I wonder if anyone noticed that. I am a July 2nd filer and my priority date is not current and long will not be. But I noticed many many LUDS on my I485 and no change in messages. Has anyone noticed that too?

    My LUDS: 9/7, 9/11, 10/3(after FP), 12/10, 12/11, 12/15, 12/18.....

    I wonder what is happening....

    Same here! my PD is 09/04 ROW, June 5th filer, got an LUD on 12/10 when my case was transferred to National Benefits Center and then two more soft LUDs on 12/15 and 12/18.


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  • Gundark
    08-27 12:16 PM
    Very nice Calvin and Hobbes! :thumb:

    I haven't had a chance to try to make C3PO yet, I'll see if I can't do that sometime today.

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  • gc_chahiye
    08-22 02:27 PM
    Friends Need Advise Please!

    My 485 packet reached NSC on July 2 with an approved 140 from TSC and no CC or receipts yet. My 140 has LUD of 08/12. God only knows where my 485 packet is lying. I applied for my 1st H1 extension at VSC which has a receipt date of July 12. I am planning to upgrade my H1B application to premium because my drivers license is expiring on Sep 30.
    My questions here is,
    1) Would there be any problem if my H1b is approved in premium with a new I-94 while my 485 is still lying with USCIS with out the recipts.
    2) Would a new I-94 jeopardize my 485.
    3) Is there any relation between H1B extension and 485 receipting.

    Any answers would be greatly appreciated.

    there are no issues: your H1 and 485 are independent (until the 485 is approved, at which point your H1 is invalid). Until then, even if you have filed your 485, whether you have receipts or not you can keep filing extensions and getting new I-94s. You can also transfer your H1 around (better to do after 180 days and invoke AC21) whether you have a 485 receipt or not.

    dont worry, go ahead and bump up your H1 extension to PP. As long as you qualify for the extension (LC >365 days or 140 approved) you will get it and your 485 continues getting processed independently.


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  • srkgollapudi
    04-23 12:55 AM
    Hello All,
    My labor for the perm processing has been rejected (after 2 years) due to an incorrect field in the ETA form. This was lawyer's mistake and negligence in paying diligence in filling the form. Can I sue the lawyer? My options would be either to restart the processing or look for another law firm to file my application.
    Please let me know if anyone has encountered the same problem? Can I file a legal case against the law firm?

    Thank you

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  • jayleno
    08-05 09:24 AM
    Hmm....and you think the world is Crazy? Interesting stuff ..bud.
    I've applied for EAD/AP renewal for both myself and my wife. I spent $1,290 for this.

    Say I got my GC approved and then I call USCIS and withdraw my pending EAD/AP application. Will I get a refund for pending EAD/AP application, if I get my GC approved before EAD/AP approval?


    India EB2; PD - Nov 05
    I-140 - Filed Mar '06; Approved Jun '06
    I-485 - Reached NSC July 26'07;


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  • ujjvalkoul
    06-30 05:10 PM
    IT is a shady practice, if you file for a completely different person, file a new application. How come you can jump the line.?

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  • makemygc
    08-03 10:36 PM

    Per this press note, Nebraska has issued receipts for I-485 upto July 11 and Texas 26th June....

    Just curious..how do you get this press release...its not yet up on their site.


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  • manand24
    10-15 01:55 PM
    I had LUDs on 10/05/2007, 10/07/2007, 10/09/2007 on my I-485 application after my FP appointment. I do not know what it means though.

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  • abhi_jais
    01-31 10:38 AM
    Here is the Text of Bill:

    Bill Summary & Status - 112th Congress (2011 - 2012) - S.6 - THOMAS (Library of Congress) (http://thomas.loc.gov/cgi-bin/bdquery/D?d112:6:./temp/~bdl3Rj::|/bss/|)


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  • ssbaruah@yahoo.com
    06-10 10:16 AM
    Thanks a lot. I find your suggestions great and if followed, will definitly make a difference. Thanks once again.

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  • gcdreamer05
    02-13 10:50 AM
    do you know what is the cost of filing a LCA amendment, and is it necessary to take a copy of that LCA and hang it on the client notice board ????????


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  • gsc999
    01-08 10:29 AM
    Heights of stupidity , does the child play with toys or its parents, why do they care about legality of parents !!
    Albaman & gcseeker:
    I am not an expert on this issue but per my understanding Contract law states that minors can't enter into a "valid" contract except for "necessities." Therefore, the need of their guardian's status. Also, these babies will get the $25K bond money when they become adults. I haven't read the Ts&Cs but am pretty sure about that

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  • jsb
    07-13 02:02 PM
    I highly oppose calling those "Payed Services", but I am ok with "Paid Services" ;)

    Like credit cards, it might be better to call them Gold Member services, or for high donation folks, Platinum Member services. "Paid" is used for a pre-determined service for a pre-determined price.

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  • Templarian
    01-01 07:06 PM
    ^That's a good idea glosrfc, AS3 only should be added to the guidelines.

    jk/ing... actually not, but it would sound mean if I wasn't

    03-03 11:35 AM
    adjusted Gross Income:)

    Shoot ... I knew I didnt get that right ... :p

    03-28 02:30 PM
    This is a good move from IV.:D

    With the launching of IV Tracker tool for it's registered members, IV has taken the right step in becoming the one-stop portal for all issues related to EB immigration.

    IV Tracker - http://immigrationvoice.org/index.php?option=com_tracker&Itemid=63

    Hopefully, it will limit the current practice of opening tracker threads to track the progress in processing dates etc. I also hope the tool gets extended in the future to support other features such as PIMS verification and annual EAD renewals too.

    Great job, IV team, in providing such a useful tool for the benefit of our community.

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