Tuesday, June 28, 2011

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  • roopamadhu2004
    03-14 12:45 PM
    Employer 1(Very small company and doesn't exist anymore):
    1) Labor cleared,
    2) I-140 approved
    Then Joined in another company (Multi billion company) Employer 2:
    1) Labor cleared
    2) Mistake: Didn't file I-140 and when priority dates were open in July 2007, they filed for I-485 with Old employer's I-140 and got EADs
    3) Still waiting for Green card

    My priority date: Sep 2002 (It is carried from first employer)
    Still I am getting H1 B extensions - every 3 years with Employer 2
    But my wife is working in EAD

    In June 2010, we were informed by my company legal dept that they iled I485 incorrectly and they want to correct it. So they started over again.
    1) Labor cleared
    2) I-140 approved Mar 2011.
    3) Priority dates are not current and waiting for it.

    My options:1) Backout old I485 now and wait for priority dates and then reapply (Adv: No RFEs, No risk, high probability that we can retain Priority date. Diadv: My wife looses her job and get back to H4)
    2) Backout I-485 when priority dates are open and reapply....(Adv: My can work longer and will get at least 90 days break. Disadv: Risk if get RFEs now or reject now before we reapply - risk to loose priority date)

    Questions for you:1) Is there any way to file an ammendment to update new I-140 with my existing application without my wife getting impacted? If so, how much riskier it is?
    2) Our attorney says we cannot do it because it is invalid I-485. And we have to file a new one. Is it?
    3) Then does it mean my wife is working illegally?
    4) When is the best time to backout (My wife is not happy to leave her current employer)?
    5) Attorney says we have to update them with new I-140 if we get RFE asking for my second Employer's I-140. My question is, Why can't we do it now? How much riskier it is?

    Please let me know. I appreciate your advice and help!




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  • garybanz
    12-26 05:26 PM
    Hi,

    My company prepared for my PERM filing in EB2 category. They did all recruitement efforts. But at the time of filing, company annouced some lay-offs as "restructuring". Now my lawyer says, it is their policy not to file for PERM before six months of any lay -offs since some lay -offs involve same job title as my labor supposed to be filed. Since this is my lawyer's policy, My question is, is it safe to file PERM right now? What if I use different job title then the one my lawyer used before for recruitement efforts. (I understand he has to do new recruitement efforts for this ne job title, but is it safe?). What choices do I have, I do not want to delay my PERM filing. Please help...

    Thanks

    Most companies don't file any PERM applications within 6 months of any major layoffs.




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  • heywhat
    07-16 07:41 PM
    After so many mails my lawyer said that they have applied for my LC on 06/25. After 15 emails, she replied that LC applied means it is still in advertisement phase ... oops .. They had my papers and all forms with them since Mar'07.
    This they are not really confirming that where they have advertised and for which category (EB2 or EB3)..

    :mad:




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  • validIV
    01-22 04:57 PM
    Shouldn't be difficult but it is the USCIS that we are talking about after all. Unless it is passed as law, it wont happen. A dual stage I-485 application process was being discussed last year but nothing came out of it. Piecemeal legislations will not pass as the public wants CIR not bandaids.

    And FYI, EAD does not eliminate employer dependency—you still need an employer.



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  • amitnaik
    08-22 05:45 PM
    I will appreciate input/s regarding folloiwng:

    Here are the details:

    Working with an employer since 2001, EB 3 PD Dec 2003, EAD in 2007, Still on H1b until Nov 10. Though have two masters (both rec'd prior to 2003) i had filed under EB 3 (no one to balim it was just me...was not proactive enough/not enough guidence from the lawyer)

    With the same employer, i have rec'd EB 2 approval, want to file I 140 and port EB 3 PD.

    Need help/input with folloiwng from the gurus:

    1) in EB 3 application the title is "Construction Engineer" with 4 lines of scope of work clarification with bachelors degree in civil engg. and no experience requirement. In EB 2 application, we have used same title "Construction Engineer" with 4 lines of scope of work, we had left 2 lines common (as earlier in EB3 application) and 2 new lines (related to environmental engg. since i have two env. engg. masters with BE in civil engg.)......this ad asked for MS in env. engg. or similar degree with no experience requirement.

    Question: EB 2 Labor is approved, i am not sure what they check with i 140 application but does above sound reasonable (not that anything can be changed...but asking for an opinion here).

    2) With premium processing, how long it takes to get I140 approved?

    3) Do we just file for I 140 for EB 2 first, get it approved and then file letter/application ( i don't know the procedure/protocol) asking to port PD OR do we need file some sort of paper work with I140 to port PD.

    4) How long it takes to get case approved (I485) after i140 is approved?

    Again, appreciated your help and Thank you in advance.




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  • jliechty
    January 2nd, 2004, 09:49 PM
    imagine, if MF digital backs were say, $6999, how many would sell???

    bloody thousands....

    seems stupid to me to make them so expensive
    Right now, they can't make them cheaper. Michael Reichmann (sp?) of the Luminous Landscape speculated that Leaf probably makes a dozen or so of their new Valeo 22 MF backs each month, compared to how many hundreds of thousands of dRebels Canon makes? IIRC, he estimated that the sensor alone (without any support electronics or other hardware) might cost $5000 per unit to make.

    Don't be mistaken, I'd love to be able to afford one of those, too, but it will be quite a while before the prices come down significantly (and I doubt they'll ever get quite that low).

    October visa bulletin [Archive] - Immigration Voice

    View Full Version : October visa bulletin




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  • pandu_hawaldar
    07-06 09:16 AM
    Hi,

    My wife's AP is expiring in mid of October 2010. I am going to apply for her new AP before she travels to India in the 3rd week of July. Is there any issue if she comes back with the new AP? As the renewed AP will be received while she is in India. She will leave with her existing AP and enter back (lets say in Nov 2010) with newly renewed AP.

    Please guide.




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  • BECsufferer
    05-28 02:33 PM
    Folks;

    Would greatly appreciate your response for following quick inquires;

    Q.#11 Dates ... is this the date I signed the I-765 application, or lawyer signed, or the date we mailed or the date USCIS recieved the application?:confused:

    Q. #15 Current Immigration Status ... I researched on this forum and concur with those who say AOS.:)

    Q.#16 Eligibility under 8 CFR 274a.12 ... Selected (c)(9)(). I filed during July-07 under EB2 category. Also this is what was mentioned on my original I-765 application that had been approved last year.:rolleyes:



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  • vnsriv
    03-25 02:18 PM
    Please search the forum. There are a number of similar threads. Keep searching USCIS site for a further update. Relax , pray and dream
    https://egov.uscis.gov/cris/caseStatusSearchDisplay.do;jsessionid=bacIwZicgcUB c-Vja4Apr




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  • vin13
    03-08 10:25 AM
    Hi Everyone,
    I did not get back any responses. So I am posting it again. Can someone please advice?
    My PD is EB2March 2005.
    My position titles are not same though the job is similar.
    My salary is 35% more
    Please advice if it is too risky to file for AC21

    There has been many discussions about AC21. Please search for them and read.

    If you have a job in same/similar you should be OK.

    There is no form or application to fill. Some prefer to inform USCIS but not a requirement.

    With your priority date, why don't you wait for end of this fiscal year to see if your GC gets approved.



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  • GetGC08
    09-17 12:51 PM
    Hello,

    I got RFE on I-140 for EB2 India.
    Following are the details of RFE.
    Item 1.) provide list of receipt numbers of all petitions filled by company in 2007.
    Item 2.) Provide proffered wage of each beneficiary & evidence of any wages paid to those beneficiaries.
    Item 3.) My W2 for 2007.
    Item 4.) Provide evidence of companies ability to pay(A2P) each beneficiaryincluding those who have already been approved. Such evidence must include companies federal tax return, audited financial statements or annual reports.

    Item 5.) degree evaluation. (I am holding masters in computer science degree from India. Total 6 years of education after school. 12 + 3 years BS in Computers + 3 Years MCA = 18)

    Following are the Labor(PERM) details:
    1. labor has been approved.
    2. Mentioned Masters degree required in computer science.
    3. Foreign degree is acceptable.
    4. 18 months of experience required.(I already have 18 months of experience when I filled labor)
    5. Alternate is not acceptable e.g. BS + 5 years.

    Following will be submitted.
    1. I submitted my 2007 W2 with latest paystub which includes year to date details.(for Item# 3)
    2. Degree evaluation.(for Item# 5)
    3. I am going to provide companies federal tax return & audited financial statements for RFE item numbers 1,2 & 4(As mentied above)

    My question, is it sufficient to provide companies federal tax return & audited financial statements for RFE item number 1,2 & 4(As mentioned above) ?

    Company details:
    Morethan 120 employees & $24 million turn over in 2007.

    How serious this RFE is?
    I will really appreciate your response.

    Thanks.




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  • gomirage
    06-07 01:59 PM
    It's up to the employer if he wants to keep you as an employee and has the right to cancel your H1 if he likes to do so. Just because you left the country doesnt mean that your H1 becomes invalid, but again its up to the employer.

    That's right. Only thing is he will be required to pay you. Make sure you get pay stubs in case you are asked to prove your status at re-entry.



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  • santa123
    11-03 12:03 AM
    Hello IVians,

    I am with company A on L1B in the US. Company B is processing my GC for future employment. Now my L1B is up for renewal in December. There is a lot of paperwork that my company has asked me work on. In one of the questionnaires, I am asked if my labor / 140 / 485 is pending. I don't know what to answer.

    Does any of the forms for L1B renewal needs this info? Will it be an issue if I say no? Does USCIS really care?

    Pls share your experiences.

    Thanks!




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  • skakodker
    02-14 07:01 PM
    Thank you.

    Based on your response, my understanding is that so long as I am with my current employer, travel on H1 /H4 is fine. When she gets back, I can consider using my EAD to switch jobs.

    You mentioned "if you or your wife don't want to use EAD in the near future..." - to your knowledge, will there be a problem if I use my EAD during her trip to India?


    Thanks - Sunil



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  • chantu
    04-27 02:19 PM
    I have one question?

    What if my employer cancels I140 and I don't have any other job on my hand? This can be a possibility for me in near future. I am searching for a new job and my employer is going to cancel I140.

    Is it good to wait for any RFE or denial and if it occurs, just sending them new EVL of any consulting firm (with or without project) will help?

    Thanks in advance.




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  • Bobby Digital
    October 19th, 2005, 07:23 PM
    There is always an ad for rain gear in the back of photo mags by this one company...I can't think of their name at the moment but I'll find it when I get home. Stuff looks pretty neat.

    I've seen those ads, but wonder how effective the products are. I bought one after seeing it in an add and it fits perfect with my 300 but with smaller lenses it's to big. I was hoping I might hear from someone who has one for a smaller lense (17-80 ish).

    Bobby D.



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  • qplearn
    12-06 10:48 AM
    USCIS had been given strict guidelines to process all cases within a six month timeframe depending on the type of the case. But many cases have come to light which are not seeing the light of the day.

    How about filing our taxes on April 16, but not on April 15.
    Exactly what is your logic? There is no law against their getting delayed in completing a case in 6 months. There is a law for not submitting taxes on time. That is why I think this argument is not very valid. I can see your frustration with the delays at USCIS, however, and sympathize with it.




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  • sanjay
    11-09 04:15 PM
    Any Idea when Tracker menu will work,
    I am trying since last few weeks but always get error message.

    Any idea how can I access Tracker?

    http://immigrationvoice.org/tracker/tracker.php?view=1

    On the home page, just below ACTION ALERT on the right side there is this phrase : When will I get my Greencard?

    Click on it and you will get the tracker.

    Hope this helps.




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  • Dhundhun
    10-28 01:35 AM
    Good finding. They should push quarterly overflow to keep them busy.




    CRAZYMONK
    03-18 08:56 AM
    I think your first point is valid. I would do the same thing. If you are using AP, I don't think you need to go for stamping.

    Your second point is some what complicated. As your H1 is expiring in April, if you renew it later in July, it might go for consular processing, which means that you won't get the I 94 with the approval notice. In that case you need to reenter uisng a valid visa.




    go_gc_way
    06-01 04:09 PM
    I think ariticle rightly said "We are overlooked". This is a great article that high lights problems of us.



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