Sunday, June 12, 2011

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  • Raj Iyer
    09-23 03:58 PM
    You need an I-140 approval notice. If not, type in the receipt no on USCIS website and obtain the status update which will state that the petition is approved, and see if they accept it. I can't guarantee that that they will accept it., but I have used it in the past in another scenario (MTR) and they have accepted it.





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  • teachla
    11-02 01:17 PM
    A note: If you look at the web sites of immigration law firms, some of them can be very deceptive in giving you a feel that the firm is big; none the less it does not mean that big firms give the best advise and results. One advantage of big firms is that they deal with a good volume of cases and have good knowledge inhouse about the trends and what might work/does not work.

    Here are some of the consultation rates of the one's I had checked with last year:

    Carl Shusterman Los Angeles $ 390/ consultation - 30 Minutes
    Josie Gonzales Pasadena, CA $ 400/consultation- 30 minutes ( calls herself the queen of PERM )
    Sheela Murthy- Maryland $ 250/ 20 minutes
    Attorney Dana Delott ( works in Sheela Murthy's firm $ 200/20 minutes and is good for consultation), other attorneys in Sheela Murthy's firm charge 150 USD for 20 minutes)





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  • JazzByTheBay
    07-26 07:59 PM
    For the experts on this board, my H1 expires on 9/30/07. Should I wait till after Aug. 17 to qualify for a 3-year extension?

    jazz





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  • dvvb
    03-01 02:59 PM
    Hi Sathishav, Thanks for the response.

    Nope, Co. A filed for my I-140 while I was working for Co. B. and is subsequently approved. Filed for I-485 with Co.A in June/2008 while working with Co. B. Used EAD to move to Co. C.

    to summarize,

    Co. A's GC filed as future employee.
    Joined Co. C on EAD.
    Now Co. A is out of buisiness.
    Does AC21 portability applies ?

    Thanks
    -DvvB

    If i understood your post correctly, you have ported of an unapproved I140. I do understand this is for a "future job", but still you have used AC21.

    I agree with your attorney to file, because, if you had worked for Company A and moved AFTER I140 approved and I485 pending for 180 days, you don't have to worry about their status. Since you have not yet worked for them, it safe severe your ties by filing AC21.


    http://www.myvisajobs.com/Document/YatesMay05.pdf

    Question 1. How should service centers or district offices process unapproved I-140 petitions that were concurrently filed with I-485 applications that have been pending 180 days in relation to the I-140 portability provisions under �106(c) of AC21?

    Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-
    485 that has been pending for 180 days or more, the following procedures should
    be applied:
    A. Review the pending I-140 petition to determine if the preponderance of the evidence establishes that the case is approvable or would have been approvable had it been adjudicated within 180 days. If the petition is approvable but for an ability to pay issue or any other issue relating to a time after the filing of the petition, approve the petition on
    it�s merits. Then adjudicate the adjustment of status application to determine if the new position is the same or similar occupational classification for I-140 portability purposes.
    B. If additional evidence is necessary to resolve a material post-filing
    issue such as ability to pay, an RFE can be sent to try to resolve the
    issue. When a response is received, and if the petition is approvable,
    follow the procedures in part A above.



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  • theMan
    01-11 03:30 PM
    desitechie has already provided a sound answer. That said, EAD/H1 shouldn't be much of a difference for normal situations. Yes, you will lose the ability to reenter the US when traveling internationally without going through secondary inspection, but that additional time is negligible in the big scheme of things.
    As for AC21, my take is don't bother unless you get an RFE. No harm in sending in upfront either.
    Your entry status will be AOS, when you use AP.
    Good luck for your new job.





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  • realizeit
    08-01 04:01 PM
    This movement by Menendez definitely will increse the likelihood of the passage of our bill.

    IV CORE: Probably, it's time for start mobilizing our resources in the direction of Senate aisle as well.



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  • snathan
    07-10 12:47 PM
    Hi,

    I got the standard RFE
    1) End date in client letter
    2) EE relationship
    3) show project validity till h extension requested( 3 years)

    RFE response to be received on or before July 10 2010

    With all problems from vendor and client i was able to get letters but my lawyer sent the packet on July 9 and when I was tracking the status it says that UPS due to some unforeseen reason will now deliver this packet on 7/12 ..2 days after deadline, the packet has sent date 7/9 and was marked next day AIR

    My question is

    ) Am I screwed in this case and my H1 is gone. current H1 period expires 07/15
    2) Or will USCIS will accept the respnse since it was posted before on 7/9

    I am so mad at my lawyer but looks like H1 is gone and I have to pack my belongings ...

    any advice please

    It might be possible. Otherwise you can go for appeal if the approval goes south.





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  • sunny26
    11-16 08:20 AM
    Hi Raj
    If ur case is pending more than 30days from the processing time shown on there website ur lawyer or employer can open a service request(SR).they will send u the decision usually within30days from the date of SR.

    Quizzer rd is dec2006 EB2. But there site shows they r processing feb2007 case so after 30 days his lawyer opened a SR and got response that what he meant.


    quizzer

    What is raised SR means?

    Mine also filed in DEC'2006; but no news yet.

    Thanks
    RT



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  • msp1976
    05-19 10:12 PM
    Sec 520(e) of the Cornyn Amendment SA 4005 requires that all backlogs be eliminated in six monts. If we are not behind this amendment, perhaps we should try to copy this provision into Brownback's?
    I had not read that one...If cornyn amdmt gets through we are in a good shape then...





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  • jaggu
    08-16 01:41 PM
    When I went for H1B stamping my B1 was cancelled and I was told one can not have more than one visa at the same time.
    I had L1 stamped first and then B1 and both for the same company. Because the company was same in both these cases, thats why there doesnt seem to reason for cancelling my B1. But this time, i am going for H1 stamping from some another company. It is sure that my L1 will get cancelled(because this is company specific visa) but have a doubt about B1.
    Is there any way/process that i can have B1(which i got from existing company) and H1(from new company) at the same time.



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  • vvpandya
    11-06 05:46 PM
    I had a LUD on 10/18 and then today the online status says Document mailed to applicant..recvd date at nebraska is 7/2 and recpt date is 9/11





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  • alexmat01
    01-13 04:36 AM
    I had applied for a visa back in 2007 and the initial approval was for 3 years till 2010 Oct.I have 9 years of IT exp and I have been in US before on a H1B visa through a top Indian IT firm for 2 years. The visa that I applied in 2007 is through a small but well functioning IT consulting firm. I lived in India then but now I am working in Toronto in Canada.
    Because of the recession and bad market I couldnt make a move and I didnt get the visa stamped on my passport too after the approval

    Since the market is getting better, I plan to get it stamped the coming year as and when I get a job opportunity. Since the initial approval was till 2010 and I never got it stamped, can I still schedule for stamping now or should I go for an entirely new one now. As the visa runs for 6 years, would I be able to use it only till 2013 (6 years from 2007) or once I get it stamped this year (2010) , I can use it till 2016 ?
    I heard that embassies scrutinize each case for fraud (although mine is based on real skills and job opportunities) I just want to avoid any issue with the stamping. I rather then go for a new visa if such a risk exists ( to avoid such an investigation or enquiry shadowing future prospects)

    If it comes to me applying for a new visa, would I be subject to cap again or am I cap free as I have been counted earlier in 2007 ?

    Thanks a ton for your service and pls help me out.
    Regards,
    Alex



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  • indyanguy
    06-08 01:25 PM
    RN starting from WAC. But I filled EAD in NSC. Also have RN for EAD. It does not matter. You have to file EAD based on state you live. Because of July fiasco they had sent 485 cases everywhere so those RNs are from all over.
    But for EAD it does not matter where 485 was filed only thing that matters in where you live.



    Thanks a lot. Is this where we need to send? (BY fedex)

    USCIS Nebraska Service Center 850 S. Street Lincoln, NE 68508-1225





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  • reddy77
    11-06 03:29 PM
    I am july 18th Filer, NSC, got my EAD and FP done, but still waiting for AP, got couple of LUD's for AP last week, but still it shows as received and pending ...



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  • shaileshkaria2525@hotmail
    12-15 10:48 PM
    Hi All,
    Can some one advice whether I can qualify for EB-2 Category?

    I am a Chartered Accountant from India with 10 years of Post Qualification Experience.

    I am currently working on H1B since last 1 year and working as System Consltant for last 4 years.

    I do not have any other master degree like M. Com / M.Sc etc.

    Would I qualify for EB-2 Category ?

    Regards
    I am a Chartered Accountant myself with a B. Com and a three year law degree and over 15 years experience but despite a clear reference in the transcript that the CA degree is equivalent to a master's degree and one would qualify to enroll for PHD with a CA degree, my lawyer advised against filing in EB2 and so my GC process is under EB3 category. I also had the evaluation stating that the Chartered Accountancy degree is equivalent to a master's degree.

    I would strongly recommend that you should consider filing in EB2 category. But the lawyer has to be comfortable with the filing and theirs must be a reputed law firm as it carries tremendous weight.

    But, unfortunately whether you file in EB2 or EB3 it's gonna be a long long wait!!!

    Good luck!





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  • muthukmk
    08-03 04:14 PM
    Hi All,

    I have my labor filed and approved for EB3 March 2005 PD. My I140 too has been approved in June 2007. I filed for 485 on July 2nd. I would like to know whether I can now start a fresh EB2 and also apply for I140 and use the older Eb3 priority date of March 2005. I have not changed my company I need guidance for experts in this regard.

    Just for information, my I140 was approved after I had applied for 485


    Regards,



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  • chanduv23
    09-14 12:07 PM
    So when are you all starting ?

    Come on, lets not say 'nay' anymore





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  • Hong12
    02-04 01:04 AM
    My PERM has been pending for over one year, and I just got the H1 Approval for 1 year and 2 months (1 year H1 Extension and 2 months recapture time). I am currently in Malaysia and need to apply for a visa at US Consulate in Malaysia. Since I am on the H1 visa, I have to show the proof that I will return back to Malaysia after the end of my work period in US. Accordingly, I would need to purchase the round trip ticket. The issue is that the plane ticket only valid for the maximum of 1 year, but my visa valid for 1 year and 2 months. Please advise if one way plane ticket would be sufficient for the visa interview or need to be a round trip plane ticket. If it is not, what should I do? Also, I wonder if the application package including I-129 submitted to USCIS need to be stamped �Certified True Copy� with the original signature of the lawyer or employer for the visa interview. Can I use the copy one that is stamped �Certified True Copy� with the non-original signatures of my lawyer or employer? Anybody pls help. Thank you very much.





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  • UKannan
    05-27 11:20 AM
    may i make a sincere suggestion. Please, go back to school, take a course in english grammar, writing mechanisms and reading comprehension. People can better respond to you, when they understand whatever is it you are asking. You may also be able to file as a qualified eb2 applicant. No pun intended.

    :d





    gc_check
    04-09 07:27 AM
    The indian consulate needs a proof of address for me and my wife
    We sent them the Property tax bill and hoped that it would work but get this mail from travisa

    Proof Of Residence - Unacceptable
    The proof of address received in your application is not acceptable for submission to the Indian Consulate. You must submit a proof of residence/address that matches the present address on the PIO application exactly. Photocopy of state issued ID (Driver License or ID), or major utility bill (Water, Gas, Electric, Sewage) or a copy of a lease containing both the landlord and tenant signatures must be submitted. The following items are not accepted: cell phone bill, credit card statement or bank statement. The address cannot include a P.O. box. For minors, a parent or guardian proof of address from both parents may be submitted instead. You can fax the proof of address to Fax: (415) 644-0158. In addition, you also have the option of mailing a paper copy to the address below.

    Now why does not a property tax not work ? it is issues by the county.

    We do not have the current address on my wife's driver's license and her name is not there on the PGandE bill

    Any suggestion ? or anyone had a similar issue ?

    Thanks in advance !!

    Sorry abt. that. Send other documents to show proof of address. Interesting to know, they are not accepting "Property Tax Notice" as proof of address. I happened to send the "Property Tax Notice" too, as it includes my wife's name, but also included the Driver's license for us both and it got accepted. You will have to attach copy of your Immigration Document as well, if you have EAD/AP or any other Document with current address and your Driver's license, you should be okay. Try calling them to discuss, they are pretty good in answering phone.





    rajarao
    08-19 09:32 PM
    Thanks everyone for replies.
    RFE LUD came as email on Friday. A week before, I spoke with customer service and they said my case will be forwarded to IO.
    The RFE letter came to my company lawyer today. He sent me the copy. He is also basically suggesting the same. Gather whatever available and write some explanation. He will refine and send it.

    Will keep posted on this forum.

    --------------------
    EB-2/ India/
    PD 06/2004



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