Saturday, June 11, 2011

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  • pd_recapturing
    07-10 06:47 AM
    Is there any advantage of submitting I-485 application now except to become plantiff in law suit?

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  • paitel
    08-14 08:21 PM
    My wife completed her BS while on H4.
    In Florida person on H4 is regarded as US resident for tuition purposes so, if you attend state university, you will pay (much) lower tuition. I don't know if this applies to other states.

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  • nkavjs
    11-09 09:15 PM
    [QUOTE=tinuverma;193745]Hello guys,
    Firstly happy diwali to everyone at IV
    Quick background:
    H1-B valid till jan-2010
    Application for GC filed on July 23rd 2007 (reached USCIS - DHL i think)
    All checks encashed on oct 17th 2007
    Received fingure printing notice on Nov 6th for both - wife and I
    Received EAD for both nov 8th.
    I work for a consulting company like many others here. This puts me in a spot, if I call the lawyer and ask for advise, he says he is representing my company and cannot answer certain questions. I cannot ask my consulting company for obvious reasons. Hence turning to you guys for help.
    Now here is my question:
    my priority date is sept 2005. With the dates above, when is it safest to change jobs?
    -- If you take my advise. Its not advisable to switch jobs now. Starting July 23rd, count 180 days before even you decide to make a jump using AC12.

    Also what is the reason my lawyer (or paralegal) indicated that it is better if I change jobs only after getting my green card?
    -- If you move jobs using EAD, then if for any reason if your 485 is denied then you will be out of status and have to leave US.. But if you are employed with same employer on H1 and if your 485 is rejected, you are still safe.. can again file for second 485 petition. Dont have to leave US right away.

    When I asked if it is ok to travel on H1/H4 to India ...I was informed that it is better not to travel until all this is over. Is there something I am missing?
    -- If you receive AP, its ok to travel if your passport is not with H1 stamping.
    Once you get back, you will be stamped as parollee.

    Why is it not safe to travel while on EAD and yet to have the GC in hand?
    -EAD has got nothing to do with your travel plans. You either need H1 stamped passport or a AP notice.

    Last and most imp, is there any on when I can hope to get the actual green card?
    -- Dont know the answer.. Its like a lottery.

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  • Aah_GC
    10-24 07:53 PM
    Thanks to all of your replies. Much appreciated.

    I think you would have to fill out W7 to apply for ITIN. So, should I get my father to sign on the form right away?


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  • Gigantic697
    10-20 02:43 PM
    Anyone guys...?

    I've to decide fast what to do....get the H4 stamped from India or do the COS from US. If we go to India and get the H4 stamping there is a chance that the consulate people might ask about H1 and if they found that my wife was out of status they might bar her from entering US.

    let me know if anyone has the same case or gone through this.


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  • kamakya
    05-14 11:38 AM
    If you are looking in 300K range with best schools,large indian community then Villages of Urbana in Frederick is one of the better choices.
    The property tax is pretty low here because it is in Frederick county. I hope this information helps you. The elementary,middle and high schools here are one of the best in the state.


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  • iamakshay
    05-28 05:43 PM
    Thanks Ryan for reply but I am bit confused... Do I need to have US Visa for working with Canadian company, even if company don't have anything do with US.

    It's canada based company and will be working remotely.

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  • danila
    07-27 10:04 AM
    I do not have a memo or web link, however, when I went for my fingerprinting appointment I asked about the interim EAD of the processing time dragged for my husband.

    I was told that there are no facilities at any local USCIS offices for the production of interim EAD's. If your application goes beyond the 90 day time limit, you have two choices. Go to the local office and ask them to send an email to the service center to ask for them to process quickly or issue interim EAD, or call the 1 800 number directly of the service center and cut out the middle man.

    I've heard that too, no more interim EADs. I was just commenting on the text of the post.


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  • hopelessGC
    04-28 11:45 AM
    The thing is it is kind of strange that they are working on Sundays to reopen cases.
    I hope things work out for good for everyone.

    In my wife's case it is just a soft LUD. She is not even using that H1-B anymore.

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  • desibechara
    08-02 11:21 AM
    Well few comments:
    - For LC you cannot use your current work has to be relevant prior one
    - Your first one (if its relevant is the one you can use) and if second one is not relevant to your LC at current position then you can ignore it. If its relevant then every month will count and you should get one work exp from second one as well.
    - Now if there is nobody at second place (in the company who can give this work exp letter) then hunt or locate any colleague and tell him to give work exp letter in his or her current letter head. This has to be done.
    - For clarity sake , make one work exp letter with the set of responsibilities and send it everywhere so that all have same set of duties that are in LC.

    Thanks and take care
    Best Regards,

    So I guess I will have to really hunt someone who worked there. But I do remember that one of my friends who had worked abroad and showed experience abraod for LC was asked about the letter as RFE but in his reply he said he could not..and some time in march he got the approval..I guess he was lucky! That was the reason I thought I could..

    Anyway for not to waste time in RFEs I might as well get the letter!



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  • vishwak
    02-11 01:18 PM
    You need to verify what they are feeling and why they are filling in forms.

    Should have knowledge of process and you should be fine with any Attorney.
    Unless you go to THE CHEAPEST ATTORNEY who never has experience in handling tough scenarios.

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  • Dhundhun
    07-09 09:03 PM
    I did self filing of EAD and AP and sent the docs using USPS express mail. When I checked the status this is what I found

    "Status: Notice Left

    We attempted to deliver your item at 10:59 AM on July 9, 2008 in MESQUITE, TX 75185 and a notice was left. A second delivery attempt will be made. If unsuccessful, we will hold it for five business days and then it will be returned to the sender. Information, if available, is updated every evening. Please check again later"

    So if nobody picks it up after the second delivery they will send it back - Was it a mistake to send by express mail?


    This may be due to Signature Confirmation, Return Receipts, etc. to P.O. Box. They will try to deliver couple of times. Not yet heard mail being returned from USCIS address.

    I prefer Delivery Confirmation in case of P.O. Box Addresses.


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  • rb_248
    08-14 03:34 PM
    It took about 6 months. From what I understand, they pull your file from the BEC and cross check against your new PERM application. So if you have already got your 45 day letter, your case is already in the system and may be it will not take all that long.

    there is always risk. If the PERM is denied, the RIR will be denied as well, that is the procedure for conversion cases. You can re-file 6 months later.
    I just had my PERM filed. My job hasn't changed and I have 2 years left. My lawyer said it's worth to try. Now I have my finger crossed.

    rb_248, after you filed the conversion how long for you to got it approved?

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  • dixie
    07-03 10:23 AM
    If you are going to stay 2 yrs in Canada, you might as well spend 1 more yr and become a Canadian citizen.

    I actually have a similar question. I am in the exact same situation. The question is that in this case if you have an H1 stamped in your passport, is it ok to travel to US on that H1 ? or would you need a B2 tourist visa to travel ?

    I am asking since technically you are employed by same employer but you are getting paid by Candian payroll not US Payroll.

    Technically, your H1-B visa is invalidated the moment you stop getting paid in the US. I do know of a lot of people who managed to re-enter the US with an old stamped H1-B; but definitely not advisable. A particularly suspicious US immigration officer in canada once asked to show my latest pay stub to prove that I am still employed with the employer who sponsored my H1-B visa !!


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  • abhijitp
    08-02 05:30 PM
    Greg has picked this from ..

    and except for India everyother country looks good per this prediction.. I dont understand why this partisan attitude..
    Although I don't want to spend any more time thinking about this so called "prediction", it is not because I am from India that I am calling this bad news. For any category if dates retrogressed to how things were before the June 07 visa bulletin, it is not good news to me.

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  • dreamgc_real
    09-14 08:21 AM
    Thanks..I am saying or implying that they broke a Law..I am not an expert in law.. I was just intrigued by what is written on the homepage ""It is discriminatory to have laws that subject immigrants from 4 nations to more backlogs and the resulting hardship from such backlogs."

    So from all the replies , it looks like Money is the main issue ( and off course effort & commitment ).

    We are having donation drives here right? Need to get inputs from law experts and if they think we have a chance - why not ?

    Even though it is discriminatory, it is still within the law - and therefore cannot sue our way out of this mess!


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  • laststraw
    03-23 02:01 PM
    Here is my situation:
    My EB2 (the job requirement was Undergraduate degree with 5 years of experience) was rejected due to the 3-year degree and is in the appeals process. I have an EB3 pending at NSC for the same labor.

    I can also move into a new role which probably has an EB2 requirement of Masters degree. And I have completed my MBA here. Will I be able to use my MBA degree obtained in the USA and port my priority date to a new EB2 application?

    Thanks in advance for your assistance


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  • TeddyKoochu
    01-06 08:43 AM
    All depends on spillover; it’s basically "NO SPILLOVER NO CHANGE". So just hoping for spillover to happen. I believe that the current bulletin might just come out late this week or early next week.

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  • dealsnet
    09-02 02:48 PM
    I didn't judge him. Just want to know, which version is true. He will get advise, after he corrected the true version. Otherwise no use for the answers.
    No use for him to lie here. No body know him.
    Are you his friend ? or another avatar ????

    I don't think he is here to be tried in public by idiots like you. Why is this site full of self righteous punks who reply back to put others down. I saw similar set of replies for a woman who sought help regarding her status for entering the country without passport from Canada (which was legal pre 9/11) and then divorcing the dude she was married to. Some righteous pricks called her names and gave red dots generously.
    Seriously if you don't have constructive advise just keep your mouth shut. Nobody needs you to bring your vigilantism and judgement ion other people. A few too many pricks are the reason a lot of us get turned off of this site.
    The OP needs some advice irrespective of how he got to this situation.

    07-24 12:02 PM
    You do not loose your priority date even if the old employer revokes the 140.

    As long as there aren't be any provable fraud intentions involved, in the whole GC process with the old employer, the priority date remains with you.


    Recommend brining wide on H4 considering you have H1B once she is here you apply for her 485 along with yours.

    1- Yes
    2- Yes (but the job duties have to be relatively the same)
    3- tricky, if your employer revokes your i-140 before you file a change then you lose the date. its tricky waters

    10-24 11:33 AM
    Ok Guru's I am in an awkward situation. My GC got approved some time in Aug 2008. But before the approval of my GC my wife in india applied for H4 visa based on my H1b. The consulate approved her H4 and stamped it on her passport last month. Even though I am on GC now. i have files I-824 for her Follow to Join.

    Now the question I have is.

    1- Can she travel to US on that H4 (the visa stamp is valid till 2010)?
    2- If the CBP agents at the aiport let her in the country can I file for her I-485 and have her wait here on AOS?

    Let me know what you guys think. On mountain crossed and still more hills keep coming.

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