Sunday, June 12, 2011

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  • sk2006
    05-25 01:21 AM
    My Employer is not paying me salary even I am on Project.
    can any one please tell me that how to report to DOL about this company.


    Would you please care to update your profile?
    It appears you created and ID just to post this question.

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  • sreeanne
    01-02 06:37 PM
    I have few questions on filling AP document.

    1) What could be the best reason to write on 131 document. USCIS says it should be family emergency or business. I am going on family visit. If i write "Family visit" will it be a problem ie RFE from USCIS saying that reason for travel is not good or something else.

    2) I live in Phoenix, Arizona. Should i send 131 to texas service center or california. All my 485 & 140 were with TSC. Coz when i goes to USCIS website, Arizona state is not covered by TSC.

    Please reply.

    Thanks in advance

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  • suni
    08-27 01:04 PM
    I went for Driver licence renewal.I have I797 H1B notice of approval for 2 more years.But I don't have it stamped in passport.So when they see it,they said they won't consider it as visa on passport is not valid and expired.Though I am not using ,I have valid EAD card also.So When I shown it ,they renewd my licence.Now I am thinking,is it ok If I use my EAD card for licence renewal as I am not using EAD status now.I want to be on H1B only.I don't want to use EAD now. can anybody tell me will it be alright to use EAD?Does it effect anywhere in my status?

    Please respond.

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  • cvk90
    07-05 01:08 PM
    Bump >> Please help


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  • gc??
    12-09 08:42 AM
    Dream passed the house.
    Upto the Senate now........

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  • GoneSouth
    04-12 08:05 AM
    Yes, you should have applied in 1999, before the labor and visa backlogs. ;) (I kid - above posters are correct, you *may* have enough time if you can get PERM and I-140 done very quickly, then apply for three year ext.)

    - GS


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  • belmontboy
    08-12 10:10 PM
    To celebrate the success :D


    wait a min..success of what??

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  • anjans
    07-09 07:01 PM
    Yes, and if the present company knows you are leaving, less the chances of them providing you a copy of I-140 :(. Is there a way to get a screenshot if you know your reciept number?


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  • javadeveloper
    05-27 04:54 PM
    I would suggest that the letter be sent at the time of filing the second EB2 I 140. This is the way my attorney filed.

    What if I-140 gets denied?Will there be any harm to the existing I-485?Need YES or NO answer Please!

    Our discussion should be like this

    a)I-140+Interfile together

    Pros: approval.meaning takes less time to get GC. Recommended if we are sure about I-140 approval.

    1.If I-140 gets denied I-485 gets denied

    b)Interfile after I-140 approval

    1.No harm to I-485 If 140 gets denied

    1.takes more time to get GC

    Add more pros and cons to each scenario...

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  • deardar
    09-14 08:44 AM
    Flying to DC for their GC.............

    Happy to know that there are still people who like and know how to make a difference.


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  • gaz
    11-18 01:54 PM
    Thank you for the quick response.

    She has not yet filed 485 (PD is of 2007 i think). So once she ports her 140 she will have to file new labor and 140 (and since that can take more than 6 months) the worry was that she may not be able to work if H1 extension was not possible. so looks like she can apply her H1 extension at the time of transfer and then go on from there. Big worry off her head!

    Thanks again.

    1) transfer her h1 (she is worried because many companies do not transfer if < 1 year is on h1), and simultaneously file for an H1 extension based on approved 140 from her current job?
    A. While file for her H1 transfer she can ask for 3 years extension based on approved 140

    2) file a new labor and port her PD from the approved 140?
    A. If she has not filed her 485 then she has to start the GC and can port her PD to the new 140

    3) if no to 1 or 2 - is it the end of the road? Can she transfer to H4 (on her husbands H1) and continue to stay here?
    A. 1 and 2 are possible. If she wants she can transfer to H4 as well.

    Hope this helps.

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  • GetGC08
    05-11 09:14 AM
    You were out of status in those 5 months. It does not matter at LC and I-140 stages only at I-485. However upto 180 days of out of status is forgiven when you file your 485, so you should be ok. THis is IN CASE you get an RFE for this. There is a good chance USCIS might even overlook this. Also if you left the US and returned any time after tha tou tof status, your slate is wiped clean (they are only supposed to check your status since your last entry into the US). So either way you should be ok... dont worry about it.


    Thanks a lot for your reply. I really appreciate it.

    Well as you said if I went to India after those 5 months(when I was on bench) than that period of 5 months when I was on bench will be wiped out(it will be gone,clean). It means that USCIS will check my status after my last entry in to US!!
    OR they may check everything when ever I was in US including when I was on bench(including my first entry into US to till date i.e. From Feb 2005 - Till date)????

    I went to India in Nov 2006 & came back, so in that case my old records would be clean. B'cos I was on bench for 5 months in 2005.

    Correct me if I am wrong on this.

    Also as you said this will come in case of I-485 & USCIS might overlook this & may send RFE!! Any idea how to respond that kind of RFE??

    I will really appreciate your response.



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  • gcseeker2002
    02-07 10:56 AM
    I was reading through a thread here where someone said that since LC substition will be banned soon and 140 will have to be applied within 45 days of labor approval else LC becomes invalid, so it would not be possible to transfer the priority date of a old LC which has I140 approved to a new LC that could be filed in another category since it would be more than 45 days since the old LC was approved. Is this true, if yes, this is the final blow to those apirants in Eb3 aspiring to transfer PD by reapplying in Perm Eb2 and transferring PD based on approved I140. Please respond with comments. Thanks.
    Oh NO, if this happens then it will close the last door on many people.

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  • Desertfox
    11-11 07:27 PM
    Ok, this applies to applicants who filed I-485 after 2007 fee increase, and those guys can renew their AP without any fee. From your profile its evident that you filed your I-485 before the fee increase and hence you are eligible for e-filing, and you will have to pay the required fee for your AP.

    If you have not downloaded the I-131 instructions already, get it from here -

    BTW, I e-filed for AP multiple times for myself and spouse and got it approved each time without any RFE. I just followed the instructions in the above document. I hope this helps.:)

    I just read the instructions for E-filing of AP. This is what it says -

    Who is Not Eligible to e-File This Form:
    You are not eligible to electronically file this form if:

    You have a pending I-485, Application to Register Permanent Residence Status or Adjust Status currently at a USCIS office and you are eligible to file the I-131 for no additional fee.

    Does that mean that only if your 485 application is @ a local office. My 485 is @ NBC, Biometrics is next week. I was told by my attorney that my application will then be transferred to local office for a interview. Don't know when though. Am i still eligible to E-file. Would appreciate any advice.

    Thanks !


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  • tomCT
    03-28 08:53 AM
    I think this would be an easy and effective ammendment request. The USCIS considers BS + 5years equivalent to Masters(advanced degree).

    As per Spectors/Frists bills, the Advanced Degree holders with 3 years exp in related field will have no numerical limts. First of all, can we interpret advanced degree as (BS + 5 years) ?

    If not, is it possible to request these senotors to add that? It would be easy to add compared to requesting them of removing the country quota.

    I belive most of the EB3 candidates have 5 years of experience. tHE REST OF THEM MAY BE ATLEAST 3 + YEARS EXPERIENCE WHICH THEY MAY THEN NEED TO WAIT ONLY 2 OR 3 YEARS TO REACH THAT 5 YR MARK).

    The advanced degree is already interpreted by DOL as BS + 5 years.
    Its interpreted by USCIS as BS + 2 years.

    I request the IV to clarify this and request Spector/Frists to add this. There may be some reason for them removing that section 5. But adding a BS + 5yr interpretation to advanced degree wouldn't be an issue for them.

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  • roseball
    04-20 02:04 PM
    I dont think there is any need to apply for amendment in premium processing as long as you file the amendment before your current I-94 expires (which in your case is the date of EAD expiry).....I would suggest you to check with some other lawyer too regarding this because $1000 is not a small amount....


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  • priderock
    07-20 10:45 AM
    I am not sure whether it will fly or not, but I always thought it is a good idea to consider how many years a person is in USA on a legally working status and contributes to Federal,State,local taxes and social security and Medicare , rather than how many years a person has GC.

    I am sure laws about citizenship needs amended to facilitate that and I don't think any one has appetite to attempt it or even to think on those lines currently.

    PS: Just Came to know yesterday about a person who came here literally 4 months ago bought a LC from 2001 and going to get his GC in months time and I know a friend who is here for a decade is still waiting in PBEC. This process is not fair and never was and so is life :(

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  • summitpointe
    01-28 11:01 AM

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  • alex99
    09-28 08:46 AM
    My Employer is paying for my Family GC Expenses (Myself, Wife, and Daughter). I have been working for him for the last 3 years. At the time of Filing my Labor, I have signed a letter (Just a letter on Company Letter Head) and faxed him the copy and the Original is with me. The letter says I have to pay back all the expenses for my GC if I leave the Employer before my GC approval time + 6 months.

    My priority date is July 2006 in EB3 and 485 was filed on July 3rd. Based on the current trend it might take another 4 to 5 years to get my GC. My employer pays me very less and is not willing to give any hike in near future.

    After 180 days (AC21), I want to change my employer. In the above scenario, can my present Employer sue me if I leave him? Please suggest�

    Thanks in advance,

    01-09 04:42 PM

    Can some one tell me which documents do I need to send for EAD and AP renewal. Also my EAD and AP expired before 4 months. Till date I have not used EAD and AP but now planning to use. So need help on that.

    08-13 01:09 PM
    I have same case.
    X:EB2-I-140-PD DEC 2004 approved JAN 2008
    Y: EB2-I-140-PD DEC 2007 approved July 2007

    485 filed on Jul2 2007 with Y I-140

    On aug 1st lawyer sent a request to USCIS to process the I-485 with X-140 PD.

    Still no LUD on I-485/I-140...
    Anyone knows how long it takes for such cases?

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