Sunday, June 26, 2011

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  • patiently_waiting
    01-14 04:10 PM
    This may be useful for guys to do stamping in Tijuana :-

    Tijuana Trip (http://tijuanatrip.blogspot.com/)





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  • sp76
    06-20 04:46 PM
    If there is sufficeint time left on H1B, can one go for stamping at consulate although I485 is filed.


    Just wanted to add more to above question: Is 5 months enough time remaining in H1 to get stamping from India?.

    Can I use my advaanced parole document once I get it if my visa gets rejected in India?





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  • unseenguy
    05-16 03:48 PM
    Everything depends on your PD and how much time it will take to become current:


    Scenario A: You are from EB3 India or China and PD later than Jun-05

    In this case you can safely mark CP on your case at the time of filing I140. Always remember that it is going to take 4-6 months for a case to reach consulate, after I140 approval, when you mark CP on your I140. So if your PD will not become current in next 12-15 months, you are safe to choose this option. Because as soon as your PD is current you will get an appointment in consulate without additional fees of I824.

    However, if there is a wild swing in visa bulletin like July 2007 fiasco, before your I140 is approved, then you can safely file I485.

    Scenario B: You are EB2 China, PD of Jun-05.

    At this time you do not have the option of filing I485, but it makes sense to mark I485 on the option & assuming your PD will be current soon. If the I140 gets approved and the PD still does not become current, like India was stuck in Jan-03 for long time, then you can take AC-I140 to the consulate the time PD gets current. If your I485 is stuck in admin processing for long time, despite a current PD, you can take AC-I140 to the consulate.

    To Jun's questions: Police certificates & medical exams need to be done in home country. Personally I think, police certificates in India can be obtained pretty quickly. I personally have family ties in India, so they can get the process started when PD becomes current. I do not know about the delays in other countries.

    Again choosing AOS or CP is a very tricky situation and depends on personal situation such as:

    1) whether you need EAD/AP benefits for spouse or uourself.
    2) your job prospects. Future and current. Vs job stability.
    3) Your country and support from respective govt agencies.

    On the face of it CP is not an attractive option but files must consider ACI140 and should try and get as many appointments as possible. Most EB based filers are financially secured and can afford additional expense of ACI140 & CP.





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  • dpp
    01-07 08:25 PM
    B. Provisions in Cases of Revocation of the Approved Form I-140

    Subject: Guidance for Processing Form I-485 in Accordance with Section 106(c) of AC21

    As discussed above, if an alien is the beneficiary of an approved Form I-140 and is also the beneficiary of a Form I-485 that has been pending 180 days or longer, then the approved Form I-140 remains valid with respect to a new offer of employment under the flexibility provisions of �106(c) of AC21.

    Accordingly, if the employer withdraws the approved Form I-140 on or after the date that the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under the provisions of �106(c) of AC21. It is expected that the alien will have submitted evidence to the office having jurisdiction over the pending Form I-485 that the new offer of employment is in the same or similar occupational classification as the offer of employment for which the petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the alien has not submitted evidence of a new qualifying offer of employment, the adjudicating officer must issue a Notice of Intent to Deny the pending Form I-485. See 8 CFR 103.2(b)(16)(i). If the evidence of a new qualifying offer of employment submitted in response to the Notice of Intent to Deny is timely filed and it appears that the alien has a new offer of employment in the same or similar occupation, the BCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485. If the applicant responds to the Notice of Intent to Deny, but has not established that the new offer of employment is in the same or similar occupation, the adjudicating officer may immediately deny the Form I-485. If the alien does not respond or fails to timely respond to the Notice of Intent to Deny, the adjudicating officer may immediately deny the Form I-485.

    If approval of the Form I-140 is revoked or the Form I-140 is withdrawn before the alien’s Form I-485 has been pending 180 days, the approved Form I-140 is no longer valid with respect to a new offer of employment and the Form I-485 may be denied. If at any time the BCIS revokes approval of the Form I-140 based on fraud, the alien will not be eligible for the job flexibility provisions of �106(c) of AC21 and the adjudicating officer may, in his or her discretion, deny the attached Form I-485 immediately. In all cases an offer of employment must have been bona fide, and the employer must have had the intent, at the time the Form I-140 was approved, to employ the beneficiary upon adjustment. It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.



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  • stemcell
    03-07 11:53 PM
    Londontown

    sorry to hear about your denial.

    Regarding my friend, His 140 was denied but he was already on EAD by then.His 485 was not denied ( maybe they were not processing his 485 at that point.He is a july 07 filer under EB3-I). The appeal for 140 denial was filed and it is still pending(8 months now). Meanwhile a 2 yr EAD has been approved.

    I am not sure if this process is followed for everyone as each case has its variables.....
    hope this helps...





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  • frostrated
    09-09 04:03 PM
    but the question is can someone mail the AP to India by postal mail or can someone take it along with them for their spouse if they are travelling. Precisely my question is when someone has applied for AP and when its not approved, can they travel without it and come back with AP that was approved after travel to India? This is always a grey area and no one seems to have a clear answer.

    the rule states that you have to be present in the country when you apply for AP. It does not say anything on where you need to be when it is approved. There are many cases where the applicant left the US to have the document mailed or taken along with someone to the person out of the US. The applicants on return were not asked anything. It was business as usual.



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  • satishku_2000
    10-05 07:03 PM
    "How big of a risk would it be to file on EB2? If they reject me for EB2, would it hurt my chances on applying again on EB3? How much time would I lose in case of a rejection?"

    Your PD being what it is ..I dont think it really matters in terms of time whether its EB2 or EB3. Honestly I think the best bet is to have an approved 140 ASAP.

    Your date becoming current anytime without congressional action is very rare. But Lets assume there is a congressional action and you have a problem with your 140 .. your petition cannot be approved even though your date becomes current. Another important thing to consider is A2P at 140 stage, it depends on your company's size , profitability ...

    One can present a contradictory argument much more eloquently too.

    You have to keep in my mind that "there is no premium processing available for 140 now".

    Convetional wisdom of my attorney is that dont attract unnecessary scrutiny, so far he has been proven right in my case ....

    Good luck with your journey .. you have a pretty long road ahead of ya





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  • Prashant
    08-31 11:40 AM
    This is what I can infer from the poll

    93% of them lack talent
    7% are talented



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  • 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.





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  • satyasaich
    06-20 04:08 PM
    First of all,

    If i may ask, do you have valid visa stamp in your passport?
    If so, (and if circumstances permit), plan to complete your travel with in that validity.
    Honestly if it's a family emergency (god forbid ) then it's a decision one has to take.

    Another option is convert your husband's H1B in to premium, so that you can get your H4 with a valid I-94 as well and you are safe. Ofcourse if your visa expires in the passport, all you have to do is appear in one of the US consulates in india. There shall not be any problem for H4 stamping
    OMG are you guys saying dont travel even in emergency situations?!!



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  • svr_76
    10-15 10:43 AM
    What do you mean Our Own people?

    By initiating the process of Green Card (with the eventual intent of accepting a US citizenship) arent we differentiating ourselves from "them" the people from the other country.

    It is the inevitable that all need to accept....we might spent half a decade or more to gain the permanent residence here...only to find that when we get that, the lady-boom is shining over the land whose very credentials we have been planning to shed, so then it will be time for us to line-up with the Indian consulates trying to get PIO card using Premium Processing.... ???

    I fail to see why this topic is a "discussion" topic on this forum?





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  • kondur_007
    03-29 09:12 PM
    Thanks you very much for the reply.I appreciate.
    Yes, Thats perfectly right.
    Extension with Employer A is pending, reason is Security CheckThats what i was told and can't be done any thing untill they get back).

    Yeah I am planning to go to India and try to get stamped there. But am just wondering that as the Extension with Employer A is in security check so does this cause any issues/delay in giving Visa in india.

    I personally think (I am not a lawyer), the delay with your current employer's (employer A) petition for extension is very likely to be "employer" (who is probably under review) rather than "you". (the reason I believe that is the fact that they approved your H1b with another employer; so if it is security check on "you", that would not have happened.).

    So if my assumption is correct, you should not have any trouble in getting visa stamped for "employer B" (new employer, with new H1b approval that you have - the one that came without I94),

    Good Luck. (If at all possible, do one consultation with a competent attorney who can review all the facts, trust me, your money will be worth)



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  • zCool
    04-05 02:56 PM
    So lets understand this..
    You joined someone on the promise that they will sponsor your GC with approved labor..
    They kept their word and you are gainfully employed.. he's paying you and now you want to purely for your own benefit leave this benefactor and join another company..
    So either you paid him before joining and hence feel entitled to this approved I140
    Or
    You are just too opportunistic and don't deserve this good guy who is doing as he says .. No wonder Desi consulting companies try to get as much leverage on their employees as they can.. guyz like you spoil it for everyone!!
    Go eat in some other dust-bin..!





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  • a_yaja
    06-18 12:34 PM
    babu123
    When had filed my I140 I did send my coworkers reference letter ...yet i got a rfe requesting for employer's experience letter..
    I was in a similar but totally different situation. I wanted to use the experience as a Grad. Assistant for my I-140 stage. The problem was, my professor was no longer with the University. My lawyer suggested that I obtain a letter from the professor on a plain paper and make sure that it is notarized. The letter had his address and cell phone number and "Formerly, Asst. Professor at xxx Iniv".

    There was no issue with the I-140 approval.



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  • gbof
    04-08 02:52 PM
    Question regarding Current Immigration Status field on EAD renewal form:

    I am applying for EAD renewal for my spouse. Currently she is on H-4 but I am soon planning to use EAD to start another job. I guess my spouse's status will also change from H-4 to AOS (I guess) at the same time. What should be current immigration status for my spouse when I have already started working on another job using EAD.

    BTW, I used paper filing for both of us.

    Thanks for your input.

    I assume you are primary and she is derivative (as she is on H4). Now, If she has filed I-485, she is already in AOS irrespective of the fact that she is not using EAD.





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  • Green.Tech
    07-25 08:51 PM
    No i did not do PERM i got my labor from BEC after a long two year wait and i happily kept it. I think a lot depends upon how you lawyer and employer handles it. My lawyer says even now i can change job and get promoted if job responsibilities are similar.

    Good info vxg. Thanks. I am wondering though how come your job duties didn't change when you got promoted from an engineer to a manager, unless I guess you are an engineering manager and not a business development manager? Just curious. :)



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  • michael_trs
    05-13 11:56 AM
    I have my company�s lawyer that I have to use but he is not experienced with this. My company wouldn�t be happy if I suggest switching to another lawyer so I need to control this myself.


    Actually what I realized out of my experience with GC processing � it�s better to be involved into this process as much as possible.





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  • meridiani.planum
    04-03 05:49 PM
    inline...
    Hi All,
    I am thinking of looking for other job options. I want to know if you any one of you have changed jobs on EAD and your experience with the whole issue.

    I changed jobs on EAD

    1. Did you find have any issues when getting 485 approved.

    My PD is still 5 years or so away from being current. :)

    2. Did you file AC21.

    No. But hired same lawyer who had filed the initial case. If current employer revokes I-140 (through same lawyer) might send AC-21 letter.

    3. Does the job responsibility has to meet 100% word by word.

    In my case its about 80% the same. In general its better if its as close as possible.

    4. Has any one you applied for EAD extension on your own.

    Not done yet, but will do this year. Its a simple enough form

    5. Has any one got an RFE after changing the Job on EAD and submitting AC21. if so what kind of questions do they ask.

    have been looking at immigrationportal.com for older-timers experience with AC-21 and no one that I know of has go an RFE wrt proving new job is similar to old one.





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  • ags123
    07-26 12:40 PM
    spoke to the lawyer and they said they have experience last month of filing a I485 similar to mine at Nebraska and had no issues.

    So I guess I will have to trust them and see. She also mentioned 2 yrs is the time for follow to join not 180 days.

    Fingers crossed





    ssnd03
    03-04 04:59 PM
    What about the thousands who lost 2-4 years because they were stuck in namecheck, now the name check is cleared but the dates will not move..frigging idiots..too little too late

    Before giving the blue/green/red dots, think about this. they created a traffic jam and now they are suddenly releasing it. There were about 150-300k stuck in name check, now all of them are waiting for their PD to be current. (i am one of them too). Think how this will affect the overall queue.

    Priority dates were current before early 2005 due to FBI namecheck delays and other processing delays. Hence, EB visa numbers were always underused (and lost). If these processing delays were not so much back then, retrogression would have happened earlier, because there is always more demand than supply for EB visa numbers.

    Retrogression can only be resolved by increasing visa numbers and/or recapture of lost visa numbers. Retrogression has nothing to do with FBI namecheck delays. In fact FBI namecheck delays masked the retrogression for one or two years.

    We should be happy that namecheck delays are over for now and will restore some degree of FIFO.





    veni001
    05-13 04:04 PM
    I have my company�s lawyer that I have to use but he is not experienced with this. My company wouldn�t be happy if I suggest switching to another lawyer so I need to control this myself.


    Actually what I realized out of my experience with GC processing � it�s better to be involved into this process as much as possible.

    As per DOL employee should not be involved with this process period.:(



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