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  • psaxena
    06-23 03:11 PM
    and how do you know that.. did Rush tell ya???

    Still unlikely I would not take a word from Gibbs. He never knows anything.

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  • roseball
    04-02 12:53 PM
    Thank you gc28262. It's just that my attorney havent seen this issue with Pre PERM cases. May be it is because PERM had more specific questions to answer so that there is little flexibility. Form 750 which was used before PERM did not have that many specific questions regarding labor conditions. So there was room for interpretation.

    Thanks for murthy's link. Yes, It makes sense Gald I extended my H1 after returning on AP. So I am better positioned there.

    Yes, actually the USCIS has argued the same in their revocation response which is that my labor requirements on Form 9089 aren't flexible enough to transfer me to EB3.

    What your attorney is suggesting I believe is the right approach at this time. I would consult a reputed attorney and take his/her advise before taking any action. I would also have your company start a new PERM case in parallel, just incase. Yes, ETA-750 provides a little more flexibility w.r.t EB2 to EB3 downgrades when compared to 9089, but it depends on the educational requirements mentioned on the form. But your approach should be to get I-485 approval based on earlier I-140 and if that doesn't work out, then request for a downgrade. Hope it works out for you, good luck.

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  • akred
    07-07 12:57 PM
    Rated 5 stars.

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  • AJT
    10-08 08:29 PM
    Filed @ NSC, Rec'ed 07/27/07
    Got Receipts on 10/01/07 from TX for EAD, AP, I-485 for self and spouse
    Rec'ed EADs for self and spouse on 10/5/07
    AP - Rec'ed and pending
    I-485 - Rec'ed and pending


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  • miteshm
    07-21 04:03 PM
    I am curious - Did you get a receipt notice for your wife? I have E-filed for AP for my family. I have got the paper receipt for me but not for my family. I am wondering if there is a pattern here.


    I have absolutely the same story happened to my wife.
    I'm July 2007 filer, she is a dependent. She never received AP which was approved and mailed on September 2007.
    Called USCIS on October, November and December 2007. No results.
    Took Infopass on January 2008. We were told that we have to apply for a new one.

    On April 2008 we applied for NEW AP. I attached a cover letter, explaining everything and asking to put approval start date from the actual approval date and not the date of expiration of previous AP, which is September 2008 because it was lost. They ignored the letter!

    On June 2008 we received new AP with Start Date September 2008.
    My wife need to travel on August 2008.

    I made infopass appointment on July 2008. I do not have any hope. At least I can try. Going to ask about FBI Name Check.

    I read, somebody got AP issued by local CIS office during the infopass. But I think it's rare.

    Any suggestions?


    I485 EB3 filed on July 2, 2007
    PD: December 2005

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  • franklin
    06-19 05:05 PM
    Start worrying about LC approval notice and start working about AOS.

    Aaj kal nav jawanoku, ye kya ho raha hi?



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  • cool_desi_gc
    11-15 07:32 AM
    My name was misspelt on my FP notice as well.when i went for FP couple of weeks back, they could not make the change there.I told them about the name misspelt, they informed that I have to call the 1-800 number and get it changed.

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  • GCEB2
    09-20 09:01 PM
    Hi... Can any one tell me which are the afforable places in California to buy home. It can be town home or single family homes, Bet 300k to 400k.


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  • Dandruff
    09-27 10:34 AM
    FWIW: Got EAD Card Production ordered for both of us. 9/26

    ND : 8/15
    RD : 7/18

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  • manja
    06-29 03:13 PM
    Thanks. Hmm...I was not aware of this 30 days rule. I'll check with the insurance companies....otherwise I'm in trouble :)

    Thanks again!


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  • ameryki
    09-23 07:59 PM
    i am waiting for response from my lawyer in atlanta. i was wondering if people have gone through similar situation where they take a promotion with same employer or change jobs. Since AC21 leaves a lot of room for interpretation, it would be helpful to know past cases.


    mate i took a promotion even before applying for 485. if you are in a similar role with at least 50% of your new job duties the same as what your labor certification states you should have no problems.

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  • pamposh
    10-26 08:34 AM
    Do not believe on online status. Couple of my frds got their EAD and still online status is " Case Received and Pending". Looks like they are not updating the status on regular basis.

    I am one of those as well. My online status shows the regular "case received on so n so" message. I got my EAD about 10 days ago n so is with my spouse.


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  • gnutin
    06-10 02:36 PM
    Thanks for your immediate response, gnutin and thomachan72.


    Actually I phrased question no. 3 wrongly. I think this is the right way of phrasing it for an answer which I was expecting.

    As I came to U.S in 2006 and if i apply for my H1B Transfer in September 2010, please let me know how long will INS have it valid with the following scenario

    1. If my labor from my previous employer (A) is approved (which in my case)
    2. If my I140 from employer (A) is approved before September 2010 (Actually it will be filed in two weeks from now)

    Thanks and Regards,

    H1B transfer has nothing to do with your Labor or I-140 approval. The "transfer" is really like a new H1B application and will be treated as such. The I-140 approval comes into play only if you are past 6 years of your H1B, which you are not.

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  • bijualex29
    05-05 03:33 PM
    I would like to know, can I get my H-1B at 6.0 year of my H-4 with my spouse�s approved I-140 (affected by EB-3 retrogression)?


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  • pappu
    04-09 04:12 PM
    For last 48 hours, I have been spreading word in Hrderabad IT community about the latest H1-B issues & subsequent EB issues . Since recent H1-B issues has caused a lot of stirr, I am getting much better response at this time. We need members & they may be anywhere in the world. Once we have members, we will get more visibility & contribution.


    We must have 100,000 members in a short time


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  • freddy22
    07-17 11:41 PM
    misdemeanors can be CIMT's if they involve theft or dishonesty. a single misdemeanor might qualify under the petty offense exception, but because your son now faces a second conviction, the petty offense exception won't apply. One question: are you a naturalized US citizen? If so, your son might actually be a US citizen as well.
    does not the INTENT to cause harm or INTENT to steal decide whether its a CMT?
    He has on record 1 criminal mischief 4th and 1 petty larceny - he was with other boys when THEY joy rided snowmobiles - he did not steal anything just tagged along with them and rode with them but he did not intend to steal or take anything - both the criminal mischief and petty larceny charges are tied into this incident:
    His latest charge will be reduced to a simple TRESSPASS from Burglary 2nd we know that as the DA has already indicated that to us:
    So does this information make any difference to your opinion?
    I thank you for responding!
    He is a green card holder since December 2005 and eligible for filing naturalization in November next year but we have been physically present in the USA from 1999 gained entry legally and changed status while here:
    He has no priors to any of this:
    He has no convictions in any other country:
    His mischief and petty larceny charges for the snow mobile incidents were charged as a youthful offender and sealed supposedly:
    He is 19 in November this year:
    He has never left the USA for any period of time or vacation or anything


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  • kannan
    07-28 10:25 PM
    I too got the same two mails. First mail on 20 th and last mail on 22 nd.Mine is approved from Texas on JAN 2006.My PD is Nov 2005,but I used only PD to apply I-485.My current AOS is from another company.Did you or your lawyer get any postal mail?

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  • karthikgk
    02-19 07:01 PM
    Thanks guys for making the effort to understand my situation.

    i now need a couple of clarifications:

    pune_guy, you are spot on in your interpretation that it would be a hard sell for an EB-2 application with the current employer.

    So now, if I do change a job, I would have to use my EAD and hence I would have to join as an engineer(Because my understanding is, even though my current role is Business Development, my GC application is for an Engineer role and hence any new job based on EAD would have to be that of an Engineer).

    Is that understanding correct?

    Further, the new Eb-2 application from my would-be employer would be for an Engineer position.

    Are my assumptions correct?

    Thanks much

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  • monikainusa
    03-20 11:07 AM
    don't know where I should put my request. My husband is on H1B visa ...and I was on H4 .I went India but my H4 was rejected. I don't know what to USCIS also going to reject my husband H1B .. please help

    02-21 12:03 AM
    How about the opposite problem. The LC wages are lower that what I am being paid. the LC reflects what I was being paid at the time it was filed. not sure if the lawyer screwed up. Right now, I am doing a similar job (non-IT, non-technical), but with wider responsibility and earning ~ 40% more. What now??

    Lawyers are the sole reason for these confusion, you cant have lower pay than what is mentioned in LCA; you cant have higher pay than what is mentioned in LCA....
    I bet you a lawyer can and will justify both rules, why because this is what they do....;-)
    USCIS rules are such a mess.....god help us all.

    on lighter note...
    One other easier solution is "you promise to pay extra money to "desi_hydrabadi"
    issue solved...your salary matches LCA...desi_hydrabadi gets more money his salary matches LCA....

    both get GC...
    relax and live hapily....

    Just kidding man, donot think too much about it...i was worrying about this issue ( higher pay than LCA)...i did worry for quite a while and
    a good friend said donot worry ...something will take care of it...
    needless to say he was right...(economy did take care of issue for me...).

    02-07 01:38 PM
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