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02-22 08:51 AM

Any updates anyone?

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immig4me

04-22 01:42 PM

check this out The Beacon: USCIS Welcomes You to The Beacon (http://www.uscis.gov/blog/2010/03/uscis-welcomes-you-to-beacon.html)

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Beta_mle

02-23 04:17 PM

That e-verify thing sounds reasonable, but it is dangerous. The way things work, and as we are seeing now, things like that get expanded and they grow ever more intrusive. Pretty soon people will need government permission even to breathe. In fact, the EPA now claims the right to regulate carbon dioxide, that thing we breathe out...

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wandmaker

01-10 10:30 AM

Agree on 1 and 2. But it is (c) (9) FILED I-485 for #3. I applied recently with no problem. Include a copy I-485 receipt.

you are correct for #3

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dummgelauft

07-24 08:47 AM

Short visits outside US, while within contigous North American territory, are not treated as " exit". So, you are fine.

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anilkumar0902

12-19 05:07 PM

If your university is outside of USA, then how about you get a Foreign Credential Evaluation done..This will clearly state, if your educational qualifications are considered equivalent to a Masters in the USA..This will enable you to file your application with confidence...Talk to your lawyer.

Good luck.

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chanduv23

03-16 02:03 PM

I work for an India based company that has operations in US. I have been travelling back and forth between India and US for about 8 years now. I am currently in US. My labor got approved this January (PD 7/2004) and my company has filed I140 soon after that. I still have 2+ years on my H1B. I am having to transfer back to India soon and shall be based in India for more than a year. What are the considerations if one has to return back to his/her country after I140 is filed? What is the impact on whole GC process? You response is appreciated.
Thanks.

As long as ur company proceeds with your GC process, you are still in the process. You can always get a h1b extension as you have a approved 140. Unless your company decided that they don't proceed with your GC, you are still in line for GC

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getgreensoon

02-24 09:41 AM

Sorry about the denial. I had a friend in the same situation. BE + MBA from IIM Cal. His I140 rejected too....for the same reason may be....even IIMs accept 3 year degrees and that is what caused the issue. The more i read about these things, the more I think that MBA is not considered equivalent to MS for the I140. Even though MBAs have more challenging jobs and earn way more than people with MS. It all boils down to demand supply thing. Many people in the US have MBAs but not MS.

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shana04

02-23 04:23 PM

I'm a july filer and planning on using AC21 to change employers,in this process I'm transfering H1-B,My passport will expire in a month however my
I-94 is valid till 2010. My question is do I need to have a new passport in hand before I transfer my H1??

PS: I've already applied for my new passport and expecting it any time.

Thanks in advance

Any ways you need to renew, so it is better that you have done it. Apply for H1 renewal after you receive the new passport. you might have to send the copies of your passport and if it was valid for less a moth, you might get rfe, so wait until you get new passport.

Good luck

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ruchi555

03-02 01:40 AM

Hi Gurus,
Please advise me regarding my situation
My current H1B expires May 1s1 and I have my H1B extension pending (in lieu of GC pending with the same company, and EAD is not an option for me because of dependents) with a fortune 500 company A, with whom I am employed. They plan to do a round of layoffs in a couple of weeks that I am sure my team is a part of.
With the foreknowledge of pending situation, please let me know if I can validly take the following course of action.
I am thinking that I premium process my 3 year H1extension with company A right away, then have it transferred to company B. Only problem is extension starts in a future date, ie May 1st.
Can I get my current+extended H1B transferred to company B even before the start date of extended May1st . If I have to wait till May1st to get it transferred, does it matter that on May 1st I am not with company A anymore.

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lostinbeta

10-20 09:45 PM

Lots of radial blur :beam:

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sanjeev

07-26 03:25 PM

I got a RFE for AP issued on July 14th, received by lawyer on July 20th.

They wanted a copy of I-140.

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thatwillbeit

06-23 04:53 AM

I am confused here, can some one shed light on this.

Say if we don't apply for AP-Advance Parole while filing with I-485 and EAD now as vaild stamped H1b is good till August 2008.In this situation while applying for AP next week would we have to pay new fee of I-485 $1010 as with new fee structure effective Aug 1st,2007 EAD & AP comes as a package along with it.

Please correct me if I have misintrepreted it.

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jcrajput

06-25 07:40 PM

Our visa stamp (H1B/H4) are expired in our passports. We are planning to travel via 'Frankfurt (FRA), Germany' to Mumbai in Lufthansa airlines and we will get our passport stamped in Mumbai. Does anyone have experience travelling via 'Frankfurt (FRA), Germany' without visa stamp in passport?
I know that travlling via London has some difficulties but not sure about 'Frankfurt'.
Please let me know.
FYI..We have our EAD and I-485 is pending with approved I-140.

Thanks for your help.
Jignesh

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gc_eb2_waiter

02-02 04:34 PM

I have received my green card 5 months ago and still working for the same GC filing employer(a consulting company). My wife had an RFE on her GC, since she could not take MMR at 2007 fiasco time. We have recently replied with the evidence. Now my project is getting over at the client site in next couple of weeks. I am sure that I can lose my job at consulting company also.
My question is, what happens to wife's GC? What if there is another RFE and how can I reply it?
Please let me know my options.

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07-22 09:05 AM

Yes.I too agree with u.

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desi3933

06-29 11:51 AM

yes u can. however make sure, u r maintaining ur H1 B job. Share investment is considered as a passive investment

Day Trading is NOT share investment. Active Day Tradering is considered as Business from tax point of view. Please contact your CPA for details on day trading and traders status.

_________________
Not a legal advice.

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nousername

11-12 01:50 PM

Sanju, I hope you were right but they are talking about immigrants in totality (legal and illegal) . Unfortunately with the bad economy and job market this fire might be heading our way i.e. legal EB guys. (I hope I'm wrong)

fueling the fire, but they better make sure the fire drivesoff the right monsters , the illegals.

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sukisharma

08-27 08:03 PM

Dear Friends,

Does anybody has information on the current lag between check cashing and getting receipt in the mail?

My check for 485 was cashed on August 20 (process by my bank) and the online case status says receipt was mailed out. But my lawyer has not received it as of today.

Thanks in advance for your reply.

krish420

08-14 10:05 AM

For my marriage, I applied for her appointment at the consulate on L2. The date was set such that we would have our marriage certificate by then. When she went for the interview, she showed them the marriage certificate, and got the L2 approved.

If she is planning to change her name, then it gets complicated as she can only fix an appointment at the consulate after updating her name, passport, marriage certificate etc etc etc

jvs

03-19 01:06 AM

You can scan the hard copy using a scanner to get a soft copy. If you don't have a scanner, you can use one at Fedex-Kinko store.

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mambarg

08-03 04:40 PM

I think , you can get 140 with EB2 and then file a ammendment to 485 ?

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02-29 08:45 AM

How can one find his/her receipt date if they dont have copy of their receipt notice, just the receipt notice?

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07-30 03:20 AM

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bharol

08-21 10:10 AM

Anybody?

This is inexplicable.
2003 PD and waiting?
This sounds like injustice to me.

Although I got lucky and got my GC however I honestly wanted them to do it in the
order of Priority dates.

My best wishes are with everybody.
May everybody get his/her GC before Sep 30th.

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kirupa

04-18 03:05 PM

Hello,
I do not think Swift 3D has a wireframe export features, but you can press the Print Screen button and paste the image into an image editor. You will be able to manipulate it like you would any other image. That is the best way that I know of doing it. You could also import the Swift 3D swf into Flash, and let Flash export the movie as a sequence of images.

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chintu25

12-13 03:15 PM

I suggest we start with a parallel campaign to increase the number of IV members . Each IV member to bring in atleast one new member .

Steps to take:
Explanation : Explain, Teach /Preach or do whatever it takes to tell people about IV and what its mission is. Many people think IV is just a propaganda. SHOW them what IV has done. Tell them about the Rally Tell them about the FLower campaign . Make then visit the site

Reasoning : Make them understand that the EAD or the Labor that they are sitting on was not gotten thru some magic wand. It was thru efforts . Efforts of us IVians.

If we are able to get one person each to enroll. I am sure atleast 20 % of the new enrollees will start to understand IV and maybe contribute to it as well

This is something that can be done sitting where u r without any special effort. Let go IVians . This is one of the easiest things to do

CORE team please help and support.

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ujayra01

07-18 09:44 PM

Thank you very much. This makes it very clear.

Unless otherwise you invoke her H1, she will be in H4 even if H1 is approved today. Invoking means, going to home country and getting it stamped or start working for a company and getting paid via paystub and having SSN

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kalkix

08-10 06:09 PM

USCIS is just fooling with you. :D you are an eastern European, right?

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gcgc2005

12-17 10:37 PM

Hello Everyone! Please advise me on the following agreement.

I am currently working with green card sponsored employer on H1B (I have my EAD). I have my I485 pending with I140 approved and its been more than 180 days since my I485 has been pending. I am looking to use AC21, but concerned with the following agreement. Is this enforceable? Its been couple of years since I signed this and I know it's still a long wait before my I485 is approved. Please advise.

"
This Addendum (part of the signed Employment Agreement by both parties) made as of - day of - by - and between XXXX company (hereinafter refereed to as "Employer") and - residing at - (hereinafter referred to as "Employee")

Employer has processed Green Card for the Employee. Employee agrees to work for a minimum of 6 months (Client Billable hours) with Employer after Employee gets his/her Green Card approved, sponsored by Employer. Employee agrees to pay $10,000 to Employer in case if Employee does not work with Employer for 6 months after getting the physical Green Card.

In the event that Employer commences litigation to enforce its rights under this Addendum and the Employment Agreement, Employee agree to pay for all filing fees, court costs, and Attorney's fees. In addition, should Employer incur pre-litigation costs in enforcing the Addendum, including but not limited to reasonable collection agency fees or pre-litigation attorneys fees and costs, then Employee agrees to reimburse Employer for all said costs incurred.

Governing Law: The laws of Common Wealth of Virginia shall govern this Addendum. Any litigation in connection herewith shall be brought in the state of federal courts for Fairfax, VA and both parties consent to such court's exercise of personal jurisdiction over them.

Employee represents that he/she has read and understand the terms of this Addendum, has had an opportunity to ask questions and to review this Addendum with legal counsel of his/her choice, is not relying on any advice from Employer in this regard, and is voluntarily signing this Addendum.
"

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martinvisalaw

06-07 02:37 PM

I'm confused. I thought you said there was an RFE in your first post?

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RadioactveChimp

04-16 09:22 PM

shouldnt the i be small and the c be big?

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tarone

11-28 05:22 PM

Hi,

There is wrong priority date on my Labor Certification approval. They
put 2001 instead of 2002 .
It looks they apparently mixed date with some other candidate who have
similar name as mine. They lost his case and put his priority date on mine.

Now can somebody tell me what are my options?
I can not file if the priority date is correct on LCA. But If I apply
for 1-485 using this wrong date, it may be risky because if they find
the correct date it may be problem.

Therefore, I don;t want to take any risk, I just want to apply for
I-140 but should I contact LABOR OFFICE to fix the date and then submit
the application for I-140. Unfortunately Labor Office is not replied
yet on my request to fix this issue.

Any Advice.

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ImmInd

03-20 10:02 AM

Yes, Travel via London needs:

EITHER Valid Visa stamping in Passport to Destination Country

OR Direct-Air-Transit UK Visa stamping in Passport

Advance Parole is really a valid Entry Permit - but, it has a class about the officer may still deny your admission. This class is a statement to send the candidate back if they do not want to allow due to some issues after the AP is issued, etc. So, some countries (like UK) do not allow to fly in AP without valid visa stamping.

FYI: My friend travelled via Germany and he returned back OK. Going to India via Germany is not an issue for Indian Citizens - but, Germany had the same rule as UK 2 Yrs back for returning to USA sector. Looks like, Germany allows transit travel using APs now-a-days. Not sure 100% about return to USA using AP , better to check.

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Blog Feeds

01-20 07:00 AM

H1B Visa Lawyer Blog Has Just Posted the Following:
Effective January 21, 2010, the Department of Labor's iCERT online system will be updated to allow the submission of electronic prevailing wage determination requests. This electronic process will allow Employers and/or their Designated Representatives to submit and obtain prevailing wage determinations (PWD) for use in the H-1B, H-1B1 (Chile/Singapore), H-1C, H-2B, E-3 (Australia), and permanent labor certification programs through the iCERT portal.

Until January 21, 2010, all prevailing wage determination requests must continue to be submitted by U.S. Mail or comparable physical delivery service to the Washington, D.C. address listed below.

BACKGROUND - On December 19, 2008, the Department published a Final Rule addressing the Labor Certification Process and Enforcement for Temporary Employment in Occupations Other Than Agriculture or Registered Nursing in the United States (H-2B Workers), and Other Technical Changes. The Final Rule implemented a federalized process for obtaining PWD requests for use in the H-2B temporary nonagricultural labor certification program directly from the Employment and Training Administration's (ETA) appropriate National Processing Center (NPC)--which was designated as the Chicago NPC.

Furthermore, effective as of January 1, 2010, the Final Rule also federalized PWD for use in the H-1B, H-1B1 (Chile/Singapore), H-1C, E-3 (Australia), and the permanent labor certification programs.

Requestors must submit PWD requests using the Application for Prevailing Wage Determination, Form ETA-9141 (http://www.h1bvisalawyerblog.com/Prevailing%20wage%20Request%20FORM.pdf).

Requestors must submit PWD requests to the NPWHC by U.S. Mail or comparable physical delivery service at the following address until January 21, 2010 when electronic means are available:
U.S. Department of Labor-ETA, National Prevailing Wage and Helpdesk Center,
Attn: PWD Request:
1341 G Street, NW
Suite 201
Washington, DC 20005-3142

In summary, State Workforce Agencies (SWAs) and the Chicago NPC no longer accept and process PWD requests received on and after January 1, 2010. All PWD Requests submitted on and after 1/1/2010 must be centralized and processed at the DOL Washington, D.C. office until electronic means are available on January 21, 2010.

More... (http://www.h1bvisalawyerblog.com/2010/01/update_on_the_federalized_proc.html)

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gc_chahiye

10-24 04:01 PM

Can anyone please share info on conversion of EB3 to EB2 after applying for 485 ?. Our lawyer now suggests that they cant apply for EB2 and they have to revoke EB3 application.. Is this applicable to even apply for EB2 labor and subsequent I140. I thought we need to revoke 485 only when we are about to apply for new 485. Also, please let me know if we can apply for EB2 when you are in EAD status and has not invoked AC21. Sorry, if this question was already answered in the forum.

you can start a new LC in EB2 anytime, irrespective of whether you are in EAD, h1, AC21, in the country, outside the country, travelling in space. No restrictions...

The only risk with what you are trying to do is if you try to file EB2 for the same position for which you had earlier filed in EB3 (ie. job duties and position are the same) you can get queries from USCIS about it. Make sure this position (or job duties) are different. Search the mesage boards, this topic has been discussed earlier

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sw33t

08-01 06:14 PM

31 members and counting folks.

Join now. We have students, professionals, doctors, lawyers, friends and family in this group.

We have some exciting events including meeting with Senators and businesses to spread the message. If you can talk about your problem, we want you. If you can't, we still want you because all it takes is a flip of a switch to make you talk about your problems.

Join now and don't be left behind.

http://groups.yahoo.com/group/texasiv

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venram

02-10 01:49 AM

My passport is expiring in March. I live in NY metro . Does anyone knows the procedure to renew the passport while in the USA. Please share your experience.

Its very easy and simple. Go to NY Indian Embassy web site and follow the procedure/process to renew passport. It takes about 1-2 weeks, after you mail the old passport along with other documents, for Indian Embassy to process and mail you back the new passport. Good Luck!

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09-25 01:29 PM

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eb3India

08-22 09:38 AM

I have been following IV ever since itz inception and I really appreciate all the efforts by volunters.

However, I feel we have up-hill battle in this current political and economical situation and we need to re-think about startergies and solving current retrogession.

I just want initiate brainstorm, I am not sure if these ideas are discussed before,

Having seen how CIR bill is killed in House, I am very doubtfull about SKILL bill getting passed in house.

getting any pro-immigration (legal/illegal) is a long processes, so can we need to focus on what we can do to reduce the retrogression within current legal framework

like
lobby senators to enforce USICS on following

- Reduce time taken for Security Checks
- Try to consider 245i cases in a different catagory than EB3
- Try recapture unused visa numbers from 2003-04-05
- issue EAD/AP for three years
- remvoe per country quota
- allow to apply for I485 if I140 is approved, ( I know this is controvesial but we can try)

These simple things could reduce retrogression if not completly resolved

sw33t

07-30 10:24 AM

bump /\/\

calgirl

08-07 03:27 PM

I have maybe a similar scenario..

MY 485 and old EAD have SRC hence at Texas. But I noticed that my new EAD has been applied for and has LIN.
Any ideas why would my lawyer do this?

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BhanuPriya

04-20 01:27 PM

:p Yes....,
You can definitely change your Employer and continue working H1. You can even port your I140 Priority date to your new GC process. Just you need to have Receipt Number of your I-140. You don't even need to have I140 Approval notice.

Its better to take an advise from Reputed Immigration Attorney. They will do everything in your favour.
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ameryki

05-28 03:32 PM

will the lawyer get the renewed ead cards or since you applied for renewal you will receive the cards?

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martinvisalaw

07-13 03:09 PM

It's hard to answer your question without more details, such as your current status. Company B can definitely file a new H-1B for you. Your current status will dictate whether you "need" to tell them about the earlier filing. However, having a prior petition filed might not have any negative impact, so you probably don't need to be nervous about telling Co. B.

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04-24 10:33 PM

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amsgc

01-14 12:08 PM

Friend of your's needs to carefully look at that page of the passport again.

One of the following would be corssed out (or marked deleted)

(1) ECR: Emigration Check Required (for all countries except Bangladesh, Pak, North America and Europe)

(2) Emigration Check NOT Required.

If ECNR is not deleted, then there is no problem. If it is delted, there is still no problem in coming to the US (In my passport, ECNR was deleted, and I had no problem in leaving India for the US).

If ECR is not deleted, then emigration check is required only if you are travelling to countries that are not in the list of exceptions in (1).

Guys,

Friend of mine has got H1B1 visa stamped now. But we just found out that on his passport ECNR is not deleted. ECNR is still required there.

Can you guys help us to understand what this is? Do we need to remove ECNR before he travel to UR? He has BE (Mech).

When I came to US my ECNR was deleted and I am also graduate.

Your help appreciated.

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03-15 04:29 PM

The more the merrier! Just be sure to create a new thread for your second entry :evil:

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eb3_nepa

06-08 10:59 AM

i dunno abt May 2001. But here is the prediction for Eb3 India being current.
..
...
.....

NEVER!! :p

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indyanguy

01-04 10:04 AM

It might be helpful to gather numbers on how many of the July/Aug filers have invoked AC21 (with or without letting USCIS know)

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07-10 04:44 PM

Visa Bulletin
Number 108
Volume IX
Washington, D.C.

The Visa Bulletin for July 2007, posted on June 12, must be read in conjunction with the Update of July Visa Availability, posted on July 2.

The Update of July Visa Availability, posted on July 2, must be read in conjunction with the Visa Bulletin for July 2007, which was posted on June 12.

In put by Krupa:
=============
Why DOS issued the above mentioned new bulletin on 9th July 2007 ?
What is the legal implications before and after issuing this bulletin ?

Any one can update this thread please?

Instead of update, I request mod's to close this thread. Krupa, just browse this site and you will find more than 4 or 5 threads already open on this topic. Does it makes any sense opening a new thread for each and every doubt you get regarding VB? Let's keep this site clean with minimum threads else our site will go blogs way, with no content and no fizz.

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sidbee

04-23 11:55 AM

I have my PD as Nov 2007 on EB3 , and i dont know how much patient i would be for my GC.
Can somebody guide me with the PR process for Canada,

I am Computer Engineer with H1, and i need the requirements for Canada PR,
eg , Do i need TOEFL or IELTS ? Do i need a Job Offer there? My Dads cousin brother is in Toronto, Do i get ant benefits (as it would be tough to prove the relationship)

Any help would be appreciated..

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Abacus101

05-12 01:30 PM

Thanks for the input. Do you have any publications or IRS findings that you could direct me to that could be used to substantiate the argument that the benefit is non- taxable? I have not been able to find anything that says that the green card is non-taxable.

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07-17 09:02 PM

what number did you call to request FP? please share.

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jsb

07-06 01:53 PM

Hello friends,

wanted to see the timeline of EAD renewals currently..I have a EAD renewal receipt notice date of June 18th......was wondering how many days is TX taking to approve the notice....

Did aanyone around June 15 -June 20th get any approval yet?

Isn't it too soon to expect it? They usually take 45 to 60 days. It has been only a couple of weeks.

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07-27 01:52 PM

H

Even I changed my address last month. No RFE.

Now Again I want to chnage. I want to know If I just submit AR11 online, without updating the pending applications ( not expecing any communication for CIS next couple of months). Will they look in to AR11 and issue RFE(If at all).OR it is just a record no one care unless you chnage the pending applications.

Thanks

It is a "MUST" to update address on all the pending applications too. Look at the below thread for more info...

http://immigrationvoice.org/forum/forum72-ac21-portability-after-180-days-of-485-filing/161016-does-ar11-change-of-address-trigger-rfe-for-evl.html#post487007

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08-27 08:03 PM

thakkarbhav

08-10 04:19 PM

Looks like it is mistake. Is it your second FP appt? It is possible that they already have FP with them and I 140 and I 485 both approved on the same date - within an hour difference.

EB2_Jun03_dude

04-22 12:29 PM

I have PD which is current (Jun 03 EB2 India), a RD which is current (Jun 05! yes VSC transfer to TSC in Apr 07). In the last week of Nov 07 got a simple RFE (medical RFE wherein the doc forgot to check one box), which was replied promptly and got confirmation from USCIS that they got the response.

Have been following up with USCIS (service request, POJ-TSC from April 7th). Got a soft LUD today (04/22/2008). does it mean anything ?

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