Friday, June 10, 2011

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  • tisha
    11-05 03:17 PM
    Hi,
    I actually have an O-1 non immigrant visa that will expire in about 6 months, I also have so many doubts, hope you can help me.
    1. Do you know if I-140 Premium Processing is available for EB-1A (extraordinary ability immigrant alien) with an employment based petition?
    2. If it is, can I file together the I-140 and I-485 (with premium processing)and does this will make the process faster or do you recommend to do them separately?
    3. After filing the I-140 can I travel or do I need a special permission?
    Thank you very much for your help





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  • mysticblue
    08-17 12:31 AM
    I'm on a H1B status and was initially working for Company A, with an approved Visa. I joined Company B and initiated a H1 transfer to them. I am on their pay role, however am on bench since i joined them. Its been 5 months and my visa transfer with Company B is still in Pending. Now, I have an offer from Company C, and am thinking about joining them.

    Meanwhile, since Company B has not been able to find work, they have indicated a termination of my employment if i'm not placed in the project by end of this month. I think i have no other optiion but to join Company C before my visa with Company B is cancelled. I have been advised to go for a premium processing of H1 to Company C, so that by the time i'm out of Company B, i have a good chance of having approved visa from Company C.

    1. Is it legal to transfer my Visa to Company C while my Visa with Company B is still in progress. Note that I have worked with Company B for about 5 months.

    2. Can I use approval notice from Company A and pay stubs from Company B to initiate premium transfer with Company C ?

    3. If i initiate a transfer with Company C, and later Company B terminates my employment, what will happen to my pending visa with Company C?

    4. Will H1 transfer with Company C get affected if USCIS gets to know that my pending transfer with Company B has been cancelled?

    5. Will it make any difference if I resign from Company B (after initiating transfer with Company C), before Company B terminates my employment.? Are termination and resignation cases treated in the same way by USCIS ?

    Please help, as i'm in a bit of a crisis about what decision to take. Any kind on response for the above would be appreciated.





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  • asiandude2
    05-17 10:12 PM
    Ammendment 4005 to CIR by Cornyn under the SKIL ACT states that:

    (b) LABOR CERTIFICATIONS.--Section 212(a)(5)(A)(ii) (8 U.S.C. 1182(a)(5)(A)(ii)) is amended--

    (1) by striking ``or'' at the end of subclause (I);

    (2) by striking the period at the end of sub- clause (II) and inserting ``; or''; and

    (3) by adding at the end the following:

    (III) is a member of the professions and has a master's degree or higher from an accredited United States university or has been awarded medical specialty certification based on post-doctoral training and experience in the United States.''.


    We already know that following people are exempt from obtaining Labor Certifications for Green Card Processing:

    (I) is a member of the teaching profession, or
    (II) has exceptional ability in the sciences or the arts.


    If this Cornyn amendment passes does it mean that people with "a master's degree or higher from an accredited United States university or has been awarded medical specialty certification based on post-doctoral training and experience in the United States.'' will also be exempt from obtaining LC for Green card processing.





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  • nozerd
    01-17 01:55 PM
    Check website of consulate. I know Houston consulate webiste is

    www.cgihouston.org

    You will have to go to the one in your jurisdiction.



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  • gc03
    05-24 08:16 AM
    Wonderful Job!





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  • singhsa3
    08-29 01:22 PM
    I think they had understanding of RD all along. The reason I say that is anytime I contacted IO or went to InfoPass they had this information.
    What was different then was that they had all applications in sets of boxes, which had random applications.
    Now thinking logically, it would take them lots of efforts to sort that mess out. And the best way out is to retrogress to a point where the available number of visas will be utilized as well a degree of fairness can be achieved.
    Published dates are only a general ballpark information to indicate where are for the remaining cases. Havn't they already granted visas to those filed in August/Sept '07?

    This change is all due to their better understanding of what is a Receive Date. So far, they have been treating date when they physically enter data in the system (date which you see online as "we received your case on...") as the Receive Date, and making all predictions, postings and claims based on that. Now they know that it is what you see on your receipt as the Receive Date, and hence the back step in the dates. TSC is at June 18, NSC is at July 2.

    They should better post where they are based on PDs, and work based on that too.



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  • mzafar125
    08-19 12:40 AM
    Folks,

    I am a July filer, I called USCIS last week and they stated that they need a new set of biometrics. I had initially given my biometrics after I filed my AOS last year in July 2007. According to what I have read USCIS should be able to retrieve my biometrics from their Biometric storage system. Should I call USCIS and argue with them which may be futile. Or should I just bite the bullet and await the new biometric appointment. I would appreciate any input.

    PD: 10/2002
    I-140 - Approved Jan 2007
    Category - EB3, ROW





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  • aristotle
    04-05 06:52 PM
    You can get an extension using A's 140 only if it was not revoked.

    Perm.. I was exactly in the same boat as u were but I went ahead and changed the job from company A to company B and got 3 year extension till 10/09. Then I went to India and got the visa stamped till 10/09. My new employer i.e. company B has now started processing my GC again.. Now, let us see if I can port my PD of 12/05 with company B.

    My question is if I decide to move again to company C [Not gonna do] or my new employer i.e. company B fires me [U never know] i.e. in case if I do not have labor or 140 done with my new employer i.e. company B and say I ran out of H1B at the end of 10/09, then can I get further 3 year extension with company B or new company C on approved 140 from previous employer i.e. Company A?

    Thanks!!



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  • sobers
    02-17 07:01 PM
    You guys in the DC/MD/VA are are critical to the success of this effort!

    Ya all have shown great initiative and leadership -Keep it up!





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  • Dustinthewind
    01-04 12:33 AM
    Everyone -

    I've been going through my own immigration issues like everyone else in this forum. It is really sad to see that immigration bills such as the Visa Re-Capture and others that would have been greatly beneficial to us are making little to no progress. I've been thinking about a way to make a difference for a long time but felt helpless.

    It is difficult to shed light on our problems in the media in a way that others (who are not in our situation) can at-least think about the struggles we go through. I'm sure everyone has been contributing in their own way to make our voices heard.

    Today, I'm happy to share our small contribution to our issues. We are making a film called "Promise Land" to be released in Spring/Summer 2011 time frame. It's about the struggles that immigrants go through despite being legal and following the law. The film has multiple story lines dealing with family based immigration and employment based immigration.

    Of course we would love to tell everyone's stories, but in 1 hour 30 mins we can only do so much. So we have attempted to share stories from our personal experience.

    I hope that this movie is at-least a step in the right direction. We just released the trailer on Saturday. You can watch it at:
    Videos Posted by Promise Land: Promise Land First Look Teaser [HD] | Facebook (http://www.facebook.com/video/video.php?v=911423233492)

    OR on You Tube at:

    YouTube - Promise Land First Look Teaser (http://www.youtube.com/watch?v=B7b3YogQ06M&hd=1)

    Please show your support for this film by clicking on "Like" at Promise Land | Facebook (http://www.facebook.com/PromiseLandFilm)

    Thank you so much. I appreciate it.

    I wish everyone Happy New Year and hope that the day when you won't have to worry about immigration issues is just around the corner.



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  • StuckInTheMuck
    07-11 11:59 AM
    When I went recently for my EAD renewal FP (I deliberately e-filed EAD renewal to get this FP notice, and it came fast), I took a copy of my I485 receipt notice, and explained to them that I have been waiting for that other FP for almost a year (never opened SR). They promptly took both FPs (code-1 for I485 and code-2 for EAD), and also told me I should never have waited this long, and instead should have contacted them (I guess they meant by Infopass) after 2-3 months.





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  • rb_248
    03-28 08:37 AM
    I think it will stay where it is now for this quarter.....just my guess. Then for the last quarter, we may see some advancement.....again this is my guess.



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  • sriswam
    06-28 06:33 PM
    I don't think you can efile I907 for I-140. You have to file via paper. But hurry...they are suspending PP starting July 2nd for atleast a month in anticipation of huge volume of applications that will start pouring in.

    www.immigration-law.com


    Thanks Sunny. I am aware of the suspension. Paper-filing is not an option as the earliest the papers will reach USCIS is on Monday, July 2nd (if I were to overnight docs tomorrow). Thats why I was hoping to get the e-filing to work.





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  • gc2
    09-23 11:11 AM
    i am waiting for response from my lawyer in atlanta. i was wondering if people have gone through similar situation where they take a promotion with same employer or change jobs. Since AC21 leaves a lot of room for interpretation, it would be helpful to know past cases.

    thanks



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  • MahaBharatGC
    09-09 06:22 AM
    I believe it is safer to wait for AP to come through. Other option would be to file for H4 however you must have H1B for that I believe. It is always safer to file for H1B and H4 in parallel with EAD/AP as per my lawyer to be useful in these type of circumstances.





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  • jsb
    08-03 10:09 PM
    I applied in July, RD Jul 2nd. TSC

    Havent seen any changes on my case status. my name check hasn't cleared yet. I called and spoke with an IO, she said name check wasnt cleared, wouldnt tell how long its been with FBI. I asked about the 180 day name check rule and she said it doesnt matter they still woudnt work on the case till NC was cleared.

    How do you find about yoru namecheck status? Does USCIS entertain such queries over the phone? Or it is through Infopass?



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  • vasa
    07-08 04:43 PM
    5 stars and posted comments..good job dude





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  • isantem
    08-05 01:02 PM
    EB-3 no longer depend upon your place of Birth.

    :confused::eek: this is a new law by president paulinasmith?:D





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  • CaliGC
    06-14 09:02 PM
    Friends,

    Like me, many of you have filed I-485 before Sept 2005 and got stuck due to priority dates getting retrogressed. Now that that the PD is current what action should we take to get the cases approved and not get stuck again.

    PLEASE POOL IN YOUR INPUTS so that a collective thought will put us in the right direction to get the GC approved before the PD move back.

    TIA.

    Please see my Signature below for info regarding me.
    EB3/VSC/India
    PD July 2004
    140/EAD/AP/485 file RD:11/05/2004 ND:11/09/2004
    EAD1 Approved:11/22/2004
    AP1 Approved:11/23/2005
    140 Approved:2/1/2005
    EAD2 RD: 10/06/05 AD: 10/25/05
    AP2 RD: 10/06/05 AD:10/31/05
    EAD3 RD 7/7/2006 AD: 7/27/06
    FP1 - 03/10/05
    FP2 4/25/07
    SELF Name Check Cleared!!!: Dec. 2004 & Jan 2006.
    SPOUSE Name Check Cleared!!!: Mar. 2006





    raysaikat
    08-04 03:22 PM
    She can transfer her status from H-4 to H1B and it will not be counted against the annual H1B quota.



    I do not think that this statement is correct since the lady (presumably) never had her own H1-B.





    darsh678
    12-28 10:36 AM
    Hey
    I am also in a sort of similar situation...
    neways you can ofcourse go back to school but what I think is it should be in USA. As your AP can't be valid for such a long time of year. just like GC where you have to be back in a year. I would suggest that go for further education and update your career but try doing it in USA, I am sure you can get something better in here too...
    Best Luck...



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