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  • yogeshmanohar
    07-19 10:55 AM
    We are travelling next month from SFO on advance parole and expired I 94 and expired visa stamp in passport (but valid I 797) . I 140 is approved and we have EAD.
    I was little worried about PoE scrutiny.. Above posts have made me little more comfortable about the travel.

    Thanks guys.





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  • qtoask
    07-11 11:34 AM
    After the Flower show at USCIS...


    Let's send out Your State Postal Cards. These cards you can get in any gift shops, Grocery, wal-mart.

    The Card Cost and Postage is Less than 1$.


    Address to be sent:

    Emilio Gonzalez
    USCIS
    20 Massachusetts Avenue NW
    Washington D.C. 20529


    Message on the Card

    "Kindly do not return our I-485 petitions in July and honor the original DOS visa bulletin
    [ first-name last-name ] - An employment based immigrant."





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  • ronhira
    04-17 05:57 PM
    Eventually something's got to give. Standoffs don't remain forever. Just like 1st world war
    trench warfare was a standoff tactic but was eventually made redundant by invention of tanks.

    Same way this standoff wont remain forever (of course many waiting EB2/3 I might lose patience ), either GOP will get into power and force the piecemeal through or Hispanic caucus might gain even more power to force CIR through.

    Repeated failures might weaken the CIR coalition (Refer the Greg Siskind post about MALDEF chief few months back).

    gop will not force piecemeal..... i heard that us chamber of commerce gives a lot of money to gop...... chamber of commerce wants cir..... they will oppose piecemeal if gop is in power.... maybe they already did oppose it the last time gop was in power......

    repeated failures will not weaken cir coalition..... as it seems the coalition is getting stronger.....

    my guess is after the election cycle is over..... they will do cir...... but there will be no piecemeal..... the sooner we understand this.... the better it will be for us.... & for those of us who wants to leave..... try taking the flight over the pacific becoz flights r not going out of europe for now....





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  • s416504
    02-25 11:06 AM
    L1A valid for 7 years so you can continue working with A.
    Apply GC from B asap and switch to B as soon as labor(PERM) passes 365 days.

    http://forums.immigration.com/attachment.php?attachmentid=14106

    For PERM, first 4-6 month goes in preperation so actual Labor waiting start from the day you apply PERM so you should count this preperation time + 365 days.
    You might eligible for premium I140 so you don't have to go through this 365 days waiting to extend H1B.

    Thanks again guys.

    Well company A can file my GC but the issue is that the financial books of company A are not clear right now. Hence there are chances I-140 will be refused even if I file on EB1.

    Company B is willing to take me but the issue is how do I join B. The options which I see are that B files my GC under EB2 or EB3 and I continue to work with company A till then. But then in EB2/EB3 the processing will take years till I get my EAD and join company B.



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  • pagalForGC
    06-17 03:54 PM
    Thanks Veni001. Yes, I did file for AC-21 when I changed my employer. Are there chances of my old I-140 cancelling even after fillinf for AC-21?

    Thanks...

    As far as i know H1-B is not a requirement, but having it provide you fall back option. If you have not used AC21 and your old I-140 gets canceled( for any reason) before new I-140 approval, you will land in trouble.

    The employer has to prove that there is a EB-2( Master's/Bachelor +5 yrs) job available and he can not find a qualified US Citizen/Permanent Resident for that job to get new PERM approval. DOL checks PERM job requirements against their database, and most of the time software jobs with Job descriptions of Master's or Bachelor +5 yrs required gets audited by DOL so we can not really predict how long does it take to get PERM approval.

    After PERM a second audit on job requirement comes from the USCIS at I-140, once these two hurdles passed you need to send a ltr to USCIS to port I-485 category and date.

    Based on the posts on this forum, if no audits, PERM is getting approved in about 8 months and I-140 in about 6 months.





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  • ags123
    08-28 09:08 PM
    I just booked tickets for an emergency 1 week trip to India and 30 mins later got a CRIS email

    ---------------------------
    We reopened this I129 PETITION FOR A NONIMMIGRANT WORKER on August 28, 2009, and are now reviewing our earlier decision. We also mailed you a notice describing the next steps in the process. Please follow any instructions on this notice. Our review should be completed within 30 days. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service
    -------------------------------

    Most likely my company revoked H1. Until this email came I was confident I could travel without worries of 485 getting touched/denied when I was in India.(I am planning to reenter using AP).

    I currently have found a similar job but havent filed AC21 papers yet. I am now hesitating to travel as something happens to my 485 when I am out of the country there is not much that can be done.
    So with
    a) H1 Revoked aug 28th
    b) Address changed
    c) AC21 not filed
    I am thinking of not travelling. Am I overreacting here ?



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  • chanduv23
    07-29 12:24 PM
    Humor is the best way we can take a break from this entire immigration stuff, rules, recession.

    ********************

    A conversation between some journalists and Prof. Corn Meat-Loaf was leaked to media.

    Journalist A: Welcome, Prof. Meat-Loaf. I have heard a lot about you. Why are you working so aggressively against G-1b visas? You teach Computers, right? You also seem to have more publications on this topic than in CS.

    Prof. Corn Meat-Loaf: Let me tell the truth. Yes, these *outsider* kids are very smart, they do all cutting-edge research, that I cannot keep-up the pace with. They have hijacked all the research which I could have done. If we don't allow them to do research, then I will get a chance to do it in few years. Writing Unix/Linux tutorials is not going to help much. I need my job security. Hence I had to work for this job. It's secure and easy for me to keep doing it.

    Journalist B: Ok, we understand. This is similar to blaming others for your own problems. It is convenient and easy. But, why do you think that entire G-1b visa program is bad? If there are any bad apples, we identify and throw the bad apples and not the entire basket, right?

    Prof. Corn Meat-Loaf: I actually favor family immigration (look at my biography). I cannot oppose family program and I need something to oppose to keep my payroll running. G-1b is a favorite program to target as politically those guys cannot speak or do anything in return and that makes my point looks more sound and firm. My friend, Mr. Tom Jerry from GutterShield also favors the same program (look at his biography too) and shields my comments. Also, bringing in more unskilled labor helps me having same level of conversation with them instead of feeling left out.

    Journalist A: Gotcha! Why do prefer O11 visa over G-1b visa?

    Prof: Yes, O11 visa helps us bring best and brightest like models etc. They help this economy by luring us to consume expensive designs and to talk about them during lunch hour. As letter *O* looks like zero - I would like to return it back to ones who gave it to us.

    Journalist B: Have you ever thought of grooming more students from here under your able guidance. That's the real solution to this. May be we all should focus on STEM education for some time than speaking about idols and proms. May be a geek should deserve the same attention in school like a football player.
    Corporations in capitalistic society will use the same principle for everything - If you can't produce it (goods or services); buy it!

    Prof: Nope, firstly that's time-consuming and will need a lot of effort. I love short-cuts. Secondly, everywhere I see these outsider graduate students - why should I groom them?
    (Corn and Jerry suddenly start singing and dancing... their friend Piano and "Due Drops" join in)
    Corn and Jerry, yes papa,
    G1 visa, no papa,
    raising the bar, no papa,
    let's fool people, ha ha ha..

    Journalists A and B: Gotcha! Thanks for now!

    Prof: Nice meeting you, what's your name?

    Journalist A: Mr. We-wake from BusinessYear!

    Journalist B: Ms. Herbs from BusinessMonth!

    ********************

    Thats creative :) Is this ur own ??





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  • n_2006
    06-20 02:30 PM
    As you are joining employer to file 485 negotiate so that you can file on your own. Get all the documents you needed and then join that company. Coz he can make good money over these 6 months there is no reason for him to refuse.

    Please admin I need help here. I am leaving my best job and going back to join worst desi employer just to file for 485. But I am scared to death what if he denies to file my 485? what are the documents needed if he denies?
    Otherwise I will be from nowhere .



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  • ksvreg
    09-25 11:16 AM
    My H1B expired in April 2008. My company is not willing to extend H1B any more due to the reason that I got EAD and I-140 approved and pending 485. Is it possible to get H1B extension from current or future company based on approved I-140? Or Is it too late?

    You might wondering why do I need H1B now. I am not sure why I need H1B. Some of my friends who had trouble in their I-140/485 were able to survive with H1B. So, it looks like it is better to have dual. H1B and EAD.

    Please advise.





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  • jthomas
    03-27 12:00 PM
    Thats not the case. USCIS will revoke employment based AOS since mariage based AOS has higher priority. So the process would be, they would call for a normal interview and then hand you a paper that
    " since you have a second petition (employment based) so they have to combine both of them and then they would issue a green card."
    Its just because you were in this country legally for a long time they will go through all the required paper work. IT MEANS DELAY in processing or may be RFE to get more details.




    Hi there-

    I think you have already paid fees for EB 485? So revoking it wont get those fees back to you. I would suggest, you get married first, then file I-130. If by that time your EB 485 is not approved, you can still file FB 485, whichever comes first take it. You can file both in parallel. Its only a question of few thousand dollars. Attorney Rajiv Khanna has extensive documentation in this regard. You can see his website immigration.com



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  • desiron
    08-08 08:56 PM
    I agree but this statement "previous editions of the I-485 form accepted" sounds like a generic one because today's FAQ clearly relates to "EB I-485" and the word "Should", not "may or can"... thats what puzzling me...

    Thanks





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  • aristotle
    03-09 04:28 AM
    She is a derivate on my pending AOS, has a valid EAD/AP. She used to work on H1 and stopped work sometime ago. Does she need to do anything/is she automatically considered to be in AoS status?



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  • chanduv23
    06-12 04:30 PM
    This is my first post, so bear with me.

    I also got a Status Update message via email from USCIS. I think the lawyer will be getting the papers in mail next week.

    Seems like USCIS has started sending RFE for a lot of us, who have been waiting for a long time. What might be the reason for this. I heard from some of my friends that they are pre-adjucating the cases so that when the visa dates are available, they can process faster, but I also wonder if they are doing it so that they can drop some cases who do NOT reply to their RFE (similar to what happenned with Backlog Elimination Center and 45 day letters).

    It is called "two birds in one shot". Pre-adjudication and pre-rejection.

    And yes, the reason why most people get RFEs is because the records may not be available properly due to clerical issues.

    Preadjudication follows these guidlines
    (1) If it is deniable - can some reason be found to deny this case? Deny it - can be resolved thropugh MTR
    or
    (2) Is it RFEable - can we issue a standardRFE for this case? - Issue RFE
    or
    Preadjudicate it and keep it ready for visa allocation.





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  • Libra
    07-11 08:20 PM
    :D :D :D :D

    Anyway, no CONDI please, I love to send flowers to BUSH, i see him as only hope.

    That ugly women need some veneers for the gaping hole on her front teeth, not flowers. :D



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  • pmb76
    07-17 07:00 PM
    my lawyer missed the 2nd july deadline even when he had all the papers. Now i am asking him to meet 30th july deadline he is not responding . what are the papers needed to file I485. Can I file it without lawyers help? He does have my immunization papers

    Below is a rough checklist I prepared for myself:

    1. Six Photographs with name on back in pencil. YES

    2. Copy of Birth Certificate with affidavits from Parents. YES

    3. Checks for Filing fees. YES

    4. Completed forms I-485, G-325A, G-28, I-765 and I-131. YES

    5. Color Copies of passports. YES

    6. Copy of I-94 both sides. YES

    7. Copies of F-1 visa, I-20, OPT EAD and H1B visas. YES

    8. Copies of W2s and tax returns for the years 2004, 2005 and 2006. YES

    9. Medical examination Report. YES

    11. Letter of Employment. YES

    12. Copy of EAD and EAD application receipt. YES

    13. Bank statement. YES





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  • gc_chahiye
    07-09 03:50 PM
    over 250 people responded to the earlier poll and we see that atleast among IV'ites the PDs are spread all over the years (10% 20% 20% 30%-2006 10%-2007), and there are significant number of 2003/2004 PDs out there.

    This followup poll is to see how many of these people are already in the I-485 system (likely to use up visa number as soon as one is available) vs waiting to file I-485.

    ************************************************** ***************************************
    ************************************************** ***************************************
    ***DO NOT COUNT YOUR I-485 FILING IN JULY 2007 FOR THIS POLL. EVEN IF YOU FILED ON JULY 1ST OR JULY 2ND***
    ************************************************** ***************************************
    ************************************************** ***************************************

    ONLY EB2-INDIA PLEASE.

    -------------------------------------------------------------------------------------------------------------------
    This poll can be read in conjunction with another poll on EB2 priority-dates:
    http://immigrationvoice.org/forum/showthread.php?t=6128
    -------------------------------------------------------------------------------------------------------------------



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  • rajmehrotra
    10-23 10:02 AM
    The thread title "Please Read" can be improved to something pertaining to the issue in the thread.





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  • krishnam70
    11-20 03:51 PM
    Generally speaking, it is always better to re-enter on nonimmigrant visa than on AP. This is because when one re-enters on non-immigrant visa, one receives a non-immigrant status, which is great. H4 is not dependent on EAD or vice versa. Remember, to loose H4 visa status you need to brake immigration law or do something that violates the immigration law. Technically speaking, if one works on EAD, one does not brake any law due to the EAD being valid. So yes, she can re-enter on h4, receiving H-4 status, and still work as long as EAD is valid. This is a gray area, but as per my attorney it is allowable due to the vague nature of the INA (Immigration and Naturalization Act), which states, that one looses non-immigrant status when one "works without authorization." However, think about it. If one is on H-4, one works on EAD at the same time, one does not loose non-immigrant status because such a person performs "authorized employment" through valid EAD.
    Regards,

    Right on the money.





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  • sk.aggarwal
    07-23 12:46 PM
    Thanks Snathan this will be the best. Problem I am facing is that no one is willing to start GC process unless I join them and they start making money to offset the costs. Can you suggest someone who can help?





    boreal
    08-24 06:08 PM
    #2 sorry about the tone. It was actually a copy paste from my email to a paid attorney.

    Can you help with my queries: 1) What kind of queries can we expect from the DOL ? 2) what questions should I ask the potential employer ?
    Please dont do this to all ppl waiting in the line.
    Yeah, even if you go ahead and do it, very small chance that this would be approved because of the tougher regulations these days...





    enthu999
    07-16 11:01 PM
    Hi,

    I am Canadian citizen and planning to file AOS(ofcourse if there is some news from USCIS:)) currently, I am on TN visa which is of temporary intent unlike
    H1B which is dual intent.

    Planning to travel to Canada in Sept'07 while I am on TN and be back in Oct'07 on H1B which will be valid from Oct-01-2007 till Sept-2010. Will there be any problem if AOS is filed before I leave to Canada.

    Also, my current TN Visa is valid till Sept-30 and my H1B will be effective on my travel back from Canada, if there is any gap between Sept-30 and the date I travel back will there be any problem due this gap once the AOS is filed?

    Please advice,

    Thank you



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