Wednesday, June 22, 2011

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  • neelu
    09-25 11:22 AM
    It is good to be skeptical. But I doubt it is anything but the card (hope I am right, for your sake), because the status says 'Document production or Oath'.

    Well, I'm being skeptical here. It could be a FP notice for all purposes. :)

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  • sathishkrish
    09-17 06:57 PM
    I am in a kind of awkward situation here, pls answer if any one knows the solution.

    I have filed for I-485 recently. My I-140 with the company A is already approved. Company A is taken over by company B. Company B has just filed for my I-140 amendment at NSC, which NSC is processing for around 9 month old cases as of now, so it's still pending.

    Can I use AC21 after 180 days of my I-485 filing and go to company C, even if my I-140 amendment is pending? (I-140 amendments are processed as regular new I-140 cases)

    Any idea???



    I am/will be in a similar situation - please let me know what the outcome of this when you have enough information. BTW, My company will be taken over by another company in October - Is amendment an absolute thing or is specific to your case? Could you please share your experiance on this topic?

    Appreciate your help!


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  • glus
    03-31 03:15 PM
    As per USCIS memo issued some time ago, one should inform USCIS of change in employment at the I485 stage. So, it is safest to get a letter of employment (permanent) with duties that match closely PERM and send it to USCIS when you change employers.

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  • Ramba
    02-25 11:41 AM
    Count me too ..


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  • yabadaba
    09-10 03:00 PM
    ...but I would rather retire early with enough money to do what I want in India (or any other country of the world) in the sunset of my life. For that GC is an absolute necessity. Thanks for the nice ad, but I was already hooked about attending that rally even before I could visualize my descendants thanking me, Bollywood ishtyle. :D
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  • India_USA
    12-20 08:35 AM
    In light of what happened with Dream Act (and the amount of work the undocumented community put in), our community has to wake up and be active. We need to inform our lawmakers of our problems, and get their support. It is not easy in the current economy. But if we do nothing, our only hope for gc is to wait - and for people like me in eb3 - its going to be a long wait!


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  • xyzgc
    02-02 05:52 PM
    Hi Guys,

    the priority date mentioned in my approved 140 was Nov-2006 but i had an another 140 approved in eb3(2003). I dont have any idea hows this happened or may be my lawyer did some priority date porting work.


    Ok, that explains.
    what date in 2003?
    (btw, even if your lawyer doesn't do any porting work, it gets auto-ported).

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  • REEF�
    11-27 10:29 PM
    you mad


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  • pappu
    02-14 09:26 PM
    Congratulations Walking_Dude, mbartosik, srini and other MI state members.

    This is an example for other state chapters and shows that IV is growing as a strong voice of immigrants.

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  • desitechie
    05-19 12:12 AM
    I went to DMV 1 day before expiration and got a temp license.

    Update: I bugged their phone again and they told me it is in the mail.

    Thanks. I will wait for any renewal notice. if I dont get any, will go to the DMV like u.


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  • ronnie0479
    09-12 12:34 PM
    Let me try to explain this, but keep in mind that anything and everything in USCIS is unpredictable!

    You asked how is it possible to move the dates back to 2001 after approving cases from 2002 and 2003 in the last 2 months. Here's the answer:

    The Cutoff date is set as the PD of the first pending application which is ready to be approved but can not be approved due to unavailability of a visa number.
    "Ready to be approved" means all checks are cleared. If they set the PD to say 2003 and approved cases from 2003, that does not mean that ALL cases before that date are ready to be approved. Ssome of them may be stuck in name checks or other checks.. there could be thousands of guys from 2001 and 2002 stuck in various checks. Now after 2 months some of those stuck cases come out of those checks and are ready to be approved, the PD is calculated again and cut off is set to the date of the first application is ready but can not be approved due to unavailability of a visa number.

    Assuming there are only 2 visa numbers available per month and they have the following applications pending

    app1 : PD 1/1/2001 stuck in name check
    app2 : PD 1/1/2001 stuck in name check
    app3 : PD 1/1/2001
    app4 : PD 1/1/2002 stuck in name check
    app5 : PD 1/1/2002 stuck in name check
    app6 : PD 1/1/2003
    app7 : PD 1/1/2004

    Since they have only visa numbers available for Month1, app3 and app6 can be approved and the cutoff is set to be 1/1/2004(Meaning that applications with PD before 1/1/2004 CAN BE (not WILL BE) approved.

    Now they approved app3 and app6 and consumed all numbers available for Month1.
    Sometime after this, app1, app2 and app4 come out of name check and aare ready to be approved. Since they only have 2 visas for the next month, they can approve only app1 and app2. App4 becomes the first one that can not be approved due to unavailability, so the PD cutoff for next month is set at 1/1/2002..

    I hope this example answers your question as to how the dates can go backwards even after they approve cases with later PDs in the previous months

    Thanks, thats a very good way to explain. I am sure most of us understood that.

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  • vgnfw190
    01-29 11:38 AM
    Can you look at the situation much closer and please recommend me a good immigration attorney please if possible

    Attorney Sir,
    After reading the following , Please let me know if I need consultation
    A liitle about me : MS graduate , working on OPT

    Here is my situation.
    On April 1 2008,
    Company C1 applied my H1B , Change of Status from F1 to H1B , Regular Quota
    Company C2 applied my H1B, Consulate Processing, Regular Quota

    Regarding C1 :
    -I have been working with C1 since 2 years now and I have all the pay checks
    -C1 received RFE in July 2008 and RFE replied within 2 weeks, Case Pending
    -C1 applied for Premium processing on Jan 15 after long wait of pending
    -3 LUDs on 3 consecutive days in the last week.
    - Case still Pending

    Regarding C2 :
    - H1B applied on Consulate Processing, So basically it means I need to get it stamped to start my H1B
    - I dont have any paychecks with C2
    - C2 H1B approved in August , after RFE
    - Twist : Employer received only Employer copy of H1B approval and not the copy that is given to the candidate.
    - I have the scanned copy of Approval, that Employer received.
    - In October 2nd week, C2 applied for "I824, APPLICATION FOR ACTION ON AN APPROVED APPLICATION OR PETITION" to get the candidate approval copy.
    - I could not go for stamping because of that to start my H1B.
    - So basically waiting on that

    Current Situation
    Company C3, reputed Software Company
    - offered me a job
    - I have OPT to work with them.
    - But I also want one of my H1B to be transferred... I dont know how to do that
    - If the H1 transfer is not possible, I must ask them to wait till april to apply new one , which is not possible.

    I am looking for a solution, on how to handle this
    Q1) Will I be able to transfer my approved H1B from C2 to C3 ,
    Q2) Will C3 be able to apply COS for H1B transfer from C2 to C3 and change my status from F1 to H1B
    Q3) I cannot get paychecks from C3 because I never worked with them, and moreover it is Consulate Processing H1B, so it is not required to have Paystubs before getting stamped.
    Q4) Shall I wait and see what happens to my C1 Premium Processing?
    Q5) Ultimately : What is the best solution to handle this?


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  • MSS
    11-28 09:58 PM
    I think I am in trouble.....

    will it be ok if I work as full time basis in both the this even an option?


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  • indianabacklog
    07-26 10:26 AM
    Actually, this is my wife's case.
    She has a master degree in accounting. He job requirement on the labor certificate is master in accounting or bachelor plus 2 years' experience.
    So I think her credential does not have any problem to meet EB2, but the job description is lower than what EB2 requires: master or bachelor plus 5 years' experience. Is this correct? Thanks.
    It would appear to be.

    I have to say I would not be all that confident of a good outcome.


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  • InTheMoment
    06-19 04:14 PM
    Sure it does not go to the CIS/DoL records, but it surely means that you were on EAD on and as specified on the I-9. If you want to be truthful and records to be straight and consistent and avoid a mess, then that is one definite way of "utilizing" EAD.

    I don't think submitting a new I-9 form with EAD details changes your status to EAD. Becuz I-9 is employer specific document and it's retained by the employer. The information you submit in I-9 doesn't go into any government records. I-9 is retained as a record by the employer which is produced to DOL in case there's an audit.

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  • qplearn
    12-03 01:09 PM
    There certainly should be an office for International Students as well as Asian/Indian orgs.

    The office for international students deals with immigration matters and will not like to put an ad. I am quite sure of that. But the Asian students orgs may want to. I will ask them. But on second thoughts, should we be concerned with people who are coming to the US now? I think we should be concerned with those who are into their H1Bs already. They are more likely to want to become members.


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  • conchshell
    08-11 03:27 PM
    I have heard this POJ method to call USCIS. Can someone explain what is this method and how to use it. Also, can we summarize a list of questions, one should ask an Immigration Officer while on the phone.

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  • jonty_11
    07-16 01:35 PM
    best thing u can do while your PD is current is................
    .........wait for it to retrogress again OR help Iv in its action items... Get working...contribute....

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  • mail2me_Ds
    09-17 05:00 PM
    Your welcome. I hear your pain in this unconfirmed scenario. do you have any email id where i can send you what i wrote....

    My email address is : Also can you please let me know how long it took to get reply from Ombudsman.

    Thank you very much.

    05-13 05:07 PM
    Thanks to all for the reply

    To answer some of the questions mentioned above, my last (re)entry into US was on 6-Sep-2009

    12-22 03:31 PM
    my hr is saying that extension is possible only 6months before actual expiration date. will the h1 transfer need to be in the 6 month window also?

    Transfer does not have to be in the 6 month window. Transfer can happen anytime. You can get upto 3 years based on approved 140. So go ahead and do it ASAP. Don't wait to get layed off. Keep all documents, copies, paystubs, w2s everything ready.

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