Saturday, June 11, 2011

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  • Mahatma
    02-19 09:01 AM
    Consult a good lawyer.

    Is your spouse a US citizen? Do you want to use I-130 based greencard option?

    After getting I-485 and parole etc., you are legally protected but still it is better to avoid international travel, until it is absolutely essential (deatth etc. but certainly not pleasure trips..).

    As you had J1 before, it may be possible to non-cap H1 if that helps with your current job. Your status on J1 was good upto Oct 01, 2007. Current law could pardon up to 180 days of out-of-status days. Beyond that it will be 3 year bar.

    Your priority should be:

    1. How to avoid this 180 day situation

    2. How to maintain status

    -by EAD only
    -or by H1 (cap or non-cap)

    3. How to attain GC

    -By I-130 only or

    are there other options

    If your spouse is a citizen, usually GC will be done in 1 or 2 years.

    You need to map out prudent course of actions. Consult lawyer, ask questions, take charge of your unique situation and avoid the mistakes (unwarranted international travel, problem with law enforcement etc.).

    Again, a good lawyer will be your best advisor.





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  • sioux
    12-24 10:33 AM
    How long is the AP approval taking these days?





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  • rpatel
    02-13 08:26 PM
    Work Together, Win Together.
    Join IV to fight the injustice against 'legal Immigrants'





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  • hibworker
    07-15 05:37 PM
    Hand in all I-94 that are in your possession since last entry in to US.



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  • sandy_anand
    01-24 10:09 AM
    Guys, sorry I do not understand the numbers very well. Assuming the same amount of spillover numbers for 2011, what will be the status of EB2 by December-2011??


    Thanks,
    Prasad.

    If EB2-India receives around 20000 visas in 2011, the EB2-India priority dates could move to between Feb 2007 and April 2007 depending on EB3-EB2 upgrades.





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  • fromnaija
    02-20 12:36 PM
    Labor substitution is DEAD and therefore it is no longer possible for you to use the labor certification approved for a different employee.

    Hi,
    i would like to convert EB3- pd to Eb2.
    My sistuation is like this . pls help mw if you know if this is possible:

    1.With My current employer :I have EB2- labor approved and i-140 also approved with PD of sep 2005.
    2. My current employer has Eb-3 approved labor with PD of june 2003 of some other employee and can be substituted for me and get I-140 approval.

    Now question is : Is it possible to port PD of the Eb-3 approved labor substituion and after i-140 approval of substituted labor to my EB-2 labor.

    If it is possible how exactly PD is convertible..means will the attorney need to mention to use PD of EB-3 at the time of applying I-485.

    When exactly can apply for PD conversion..at the time of applying i-485 or i-140 ..

    If somebody clarify me that is great .

    Thanks



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  • gcwanted101
    09-01 04:26 PM
    Thanks gcwanted101.
    So it looks like G639 is only for requests to USCIS and not for DOL.

    Can anyone who has submitted an FOIA request to DOL for Labor docs clarify the process?
    I browsed the DOL web site, but they don't seem to have a form similar to USCIS G-639 form.
    lj_rr,

    you dont need any special form to make FOIA request to DOL.

    "The Department of Labor does not require a special form in order to make a FOIA request. Requests must be in writing, either handwritten or typed. Requests may be submitted by fax, courier services, mail, or to foiarequest@dol.gov. Although, as discussed immediately below, certain information may be required from a requester. "

    U.S. Department of Labor -- Freedom of Information Act Guide (http://www.dol.gov/dol/foia/guide6.htm#how)





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  • frostrated
    09-10 03:10 PM
    I agree.
    I have also heard that it can be picked up from a consulate. How does that work?

    you would have to specify that when you apply for the AP. Look at part 7 item 2 in the application.



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  • godbless
    07-31 03:56 PM
    Certainly you loose your h4 status if you start working on your EAD. After that one should use Advanced Parole for travelling out of the country. There is no need to inform USCIS formally about it.





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  • vkmurthy260
    06-20 11:11 PM
    According to my attorney i have to go out of the country and come back to get a new I 94 , He also said for trips to mexico less than 30 days you dont get a new I 94 is that true , i dont want to file a extension bcos i cant afford attorney fees now. Anyone got a new I 94 when entering from Mexico.

    Thanks

    Kris.



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  • visafreedom
    07-03 11:39 AM
    Sure, skip a day of work.. only to come back the next day and have two days worth of work lying on your desk, and one less vacation day...

    Dont tell me you never take vacation ;-) If that is true, I will hire you.





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  • fullerene
    11-17 01:30 PM
    H1 application for 2008 starts from April 1, 2007. I believe-before that date, HR of big companies should have recruiting policy for the year already. So it might be diffult for them to adjust if the bill is passed after April 1.
    I think when the time closes to April 1, the petition for changing the current H1 blackout will be pressurized. From the industry point of view, the bill for H1 will be settled luckily in Jan or Feb.



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  • chanduv23
    04-21 03:11 PM
    Gurus,

    I went to infopass today. Last time when I went infopass in Oct 08, I was told that my namecheck is pending. I wanted to see whether any progress has been made on that,so took an infopass. When I asked the IO about the status of my namecheck, I was told that one namecheck is clear but the other is pending. I specifically asked her to look by my A # as I thought she might be referring to dependants namecheck status. But she replied back stating that there could be multiple namechecks for an individual and it is not unusual for some individuals to have three, four namechecks. And in my case as one of them is clear, they probably will go with cleared one.

    Now I am confused. Can there be multiple namechecks initiated at around the same timeframe? I was told both the namechecks were initiated in 07.

    If you think the infopass was not very helpful and need more information - usually you can try going through your congressman's offiice. You can either visit them or call them and write a letter explaining your problem and confusion. Some of these offices will ask you to fill out a form that deals with privacy act. These offices can help give you exact status of your case.

    Alternately, if you thhink IO at infopass was not being hepful, you may want to contact the Ombudsman's office, they also try to help in such cases.





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  • BimmerFAn
    06-22 10:10 PM
    I don't have a Masters although most people I work with do. I work in Audit/Advisory. One must have at least 150 credits at US University to apply for the position. Most people get their Masters in order to satisfy this requirement. I double majored in Finance and Accounting and am now worried that I shot myself in the foot.

    The job requirement states:
    Masters or Bachaelor's of Accounting (if 150 credit requirement is met) is required.

    The position implies a Master's Degree requirement but will accept BS if, as in my case, one double majored or took on alot of classes.

    Like I mentioned earlier, I am from Europe so I am wondering how severe the backlog is. I can't believe the wait can be that long.



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  • vxb2004
    11-25 01:24 PM
    Thank you very much for all your inputs. I hope everything goes well.





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  • njboy
    10-02 03:11 PM
    if u feel company is in bad shape, then file perm through another employer..stay with this company in the meantime till ur h1 expires and file an appeal for the 140..if appeal fails..u'll have an approved labor by then with the other employer and u can jump to his company..



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  • kunjirs
    03-07 03:01 PM
    I am in the same boat. Filed EAD on DEC 10 2010 with TSC and still waiting. Contacted USCIS Customer Support and create Expedite Request last Friday. I was told that I will hear back in 5 days. Will post back if I hear anything.





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  • msp1976
    05-27 01:40 PM
    Problem with the poll is that only people with not current PD come here, people with current PD do not come here any longer...





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  • dummgelauft
    03-31 12:42 PM
    For once, I like what Grassley is doing.





    gc_coming
    07-18 06:20 PM
    Hi Gurus,
    I filed my 485 application on July 2nd. But my employer/lawyer did not attach the employment verification letter in the package. Is USCIS going to reject my application because of that or they will send an RFE. Please advise..





    dixie
    09-05 05:47 PM
    Not sure what happens technically to the old CIR, but most likely both the senate and house will throw away their respective bills and start from scratch.

    I have a hypethetical situation

    1. Say in the election Dems get both house and Senate AND
    2. No compromise happens in CIR at Lame Duck Session too. Also
    no SKILL passes too AND

    3. New winners Sworn in and its congress controlled by Dems.

    Now what is the status of the CIR that was passed in the senate and
    that house bill passed? Does it expire or go annul? Or can these
    new members come a compromise on that? What could be the attittude of the congress member towards it? It would be really interesting to know the
    legal sides and political attittude of lawmakers to it.

    thanks



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