Monday, June 13, 2011

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  • GCwaitforever
    08-16 11:21 AM
    I am just quoting another way to move from EB-3 to EB-2 without having to file for PERM labor etc ... if you are in the same company. If the original labor petition is qualified for EB-2, but I-140 was applied in EB-3 category then that same approved EB-3 I-140 petition could be used as a supporting document in lieu of original labor certification to file another I-140 EB-2 petition. This is assuming that the attorney filed I-140 in the wrong category first time.

    Of course if the original labor petition does not qualify for EB-2, but the applicant qualifies for EB-2 now, the applicant has to go through PERM again and port priority date from approved EB-3 I-140 to new EB-2 I-140 petition.

    I hope this clarifies everything. I am not an attorney. Use the information at your own risk.




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  • cptbaseball
    05-14 11:59 AM
    Since your H-1B change of status is approved, you are in H-1B Status now. In order to continue working on H-1B status after overseas trip, you must enter USA using H-1B visa stamp. This may require you to apply and get new H-1B visa stamp.

    Please consider getting professional advice from your attorney before making any travel plans and what visa to use for re-entering.


    ______________________
    Not a legal advice.
    US citizen of Indian origin

    .

    H-1B is approved from Oct/1/2009. Currently I should be on L-1B. As per this article, I think I can travel without jeopardizing my future status. They call it the 'Hernandez letter'. Is this true?

    http://www.murthy.com/news/n_cosapp.html

    Thanks..




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  • rsdang
    08-25 02:06 PM
    I work for Company A, applied i-485 and both got EAD & AP.She is the dependent.
    My Wife works for Company B which sponsored her H1.

    So, I guess she cannot continue to work on H1(company B) upon returning using AP(got as my dependent thru Company A) !!!?? am I correct?

    She can work for any company she wants... her EAD is not limited to any job/profession... So she can work for Company B or C or D

    PS - My wife works for company B using AP/EAD that came as a result of my I485 done by my employer. So she should enter on AP and use EAD to work. No issues. She can always have the H1 in her back pocket for back up... I would consult a lawyer if I were you before using the H1...

    She can not get an H4 though... thats seen as abandoning your AOS status...

    Hope this helps...




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  • solaris27
    09-28 10:48 AM
    but pay taxes on profets.



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  • vallabhu
    11-13 04:16 PM
    Hi Guys,


    I verified my 485 Application status online and this is what I found can you guys tel what could this mean.

    My I140 is not approved yet.

    Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Document mailed to applicant.




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  • feedfront
    10-05 03:17 PM
    I was trying to open a brokerage account with Bank Of America (Merrill Lynch) which was denied as it does not recognize EAD.
    The web site clearly says that you should be a citizen or a green card to open an account

    Did anyone opened it recently.

    Drop by to local branch and you should not have any issue. Most of institutions have GC or citizens only for opening a/c ONLINE (even CitiBank NRI used to have issue, I'm not sure of it now). It works if you drop by to the local office. I'd also had issue w/ eTrade and Scottrade's online but it worked when I walked-in to local office.



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  • purplehazea
    06-11 01:00 PM
    This is a weak president making rhetorics which never pan out. He knows his time has come to step out and this is only an attempt to use his left over strength. Honestly the president no longer enjoys support of his own party members and this is only rhetoric. There is just not enough time to move this through senate, house and then agree on it all.




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  • admin
    06-01 11:02 PM
    This is a PM from for_ac21iv to me. He couldn't post here as I had closed the thread.


    Hi Admin,

    I started the new thread and poll "Separate bill for legal immigrants from CIR provisions", with the intention to help realise and pursue what appeard to me as a option/opportunity that might help us legal immigrants. It just seems to me from media and other forums that cir may take a long long time.

    I donot have complete knowledge of the process and timing of how legislation and lobbying works. Educating myself from aritles and posts on this and similar forums.

    It has been almost 5 years since I started my gc process and am really looking for ways that might make it faster for people like me and future applicants going forward and I really appreciate what IV is doing in this direction.

    I apologize if my poll, thread or intentions came across as anything but the above. Also, I will change my username, it has "iv" and may have lead others to interpret my messages as from IV.

    Please post this message in that thread for me. It looks like "Separate bill for legal immigrants from CIR provisions" thread is closed.

    Sincerely,



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  • lonedesi
    11-16 05:28 PM
    I sent in my I-140,I-485,EAD & AP applications to Nebraska Service Center which was the nodal agency to receive all I-140 applications during July -August 2007. They then would transfer some of the cases to TSC for processing. Due the visa bulletin fiasco, my applications were transferred to VSC for data entry and all my receipts have an EAC number. I received my EAD & AP and also a transfer notice informing that my I-485 was transferred to TSC as my job is in a state that comes under TSC's jurisdiction. But I did not hear anything about my I-140 being transferred to TSC. So we called up USCIS to check on it. We were informed that VSC would process my I-140 application and it was not necessary for it to be transferred to TSC unlike I-485.
    My concern is VSC is taking for ever to process I-140's and currently are processing Apr 06 applications. I believe the dates have remained like that for a while now. Atleast TSC says clearly that they will process I-140 in 6 months, but VSC has no such processing times mentioned. Due to no fault of mine, my application ended up in VSC and is stuck there until some kind folks pick them for reviewing..which may take more than a year going by the current processing times. Is there anything I could do to have it transferred to TSC? Are there other members in the same situation? There is no likelihood of PPS starting anytime soon....what are my options to fix this problem? I thought under the new bi-specialization procedures only NSC & TSC processed I-140 applications...




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  • aristotle
    01-31 01:48 PM
    Where?

    Let me explain in a bit more detail..

    Suppose you have an approved I140 from company A and got the 3 year H1 extension because of it. Now you transfer to Company B and got the full 3 years of H1 transferred. And Company A revoked your I140 after you left.

    You cannot transfer to Company C at this point as there is no approved I140 to support your transfer. You cannot extend your H1 with Company B unless
    A) your labor has been pending for more than a year OR
    B) your I140 is approved

    One your I140 is approved with Company B, you are in a good position again.

    Crystal?

    aren't u contradicting urself?



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  • H4_losing_hope
    04-15 04:28 PM
    Hi folks,

    Just got back from UK on Friday after a month of family time, medicals and our embassy interview! Wanted to let you all know that we were approved and happily back in the US!!

    Congrats on the latest admin wins and movements in campaigns/projects. I wanted to say a huge thank you but not farewell to the many kind folks who kept my spirits high in the short time I have been with IV:
    abhijitp, needhelp, digital2k, paskal, gsc999, waiting4gc, pappu, chanduv23, santb1975, nolaindian32, walking dude, ja1hind, logiclife and many more. All of you rock and America is very lucky to have such genuine and brilliant people like you. I wish you the very best for your own journey.

    I will be around for sure, just have to concentrate on securing some work and life for a bit, finally!

    my best :)




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  • maverick_s39
    01-20 11:11 AM
    looking at the recent trend i am not so sure if dems are going to do anything on CIR anyway, MA senate race is more like a referendum to president and congress policies, if president or dems think otherwise they are making a huge mistake, time to push aside health care reform and concentrate on economy and jobs, any immigration reform bill in this economy is not going to happen, i hope they do something to revive the economy!



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  • permfiling
    12-22 09:56 AM
    Non production of green cards needs to be taken up IV as a action item with USCIS




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  • hemasar
    06-22 09:57 AM
    hemasar....dont give wrong information. Just becuse your colleague said that he got it does not make it a law. Please be prudent in providing correct legal information!

    I am just sharing the information of one who got this experience. I am not claiming that is the law. None of us are attorneys. We are not giving any legal advice here. We are just sharing our knowledge and experience. What ever legal suggestions you provide here; are you taking any responsibility for that? No right? Just we are sharing our concerns, knowledge and experience. If you have any solid evidence that says USCIS will accept chest X-ray only after +/- skin test please share with us.

    Thanks.



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  • jvs_annapurna
    04-19 01:59 PM
    Hi Guys,

    I got the good news to share every one. got the approval . its wonderful




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  • chanduv23
    06-12 11:31 AM
    Because Mahatma Gandhi was born on october.:):)


    His 6years end in oct 2010.


    ds

    I was born in Oct too :) :)



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  • amitjoey
    12-04 01:21 PM
    I am a Commercial/Industrial Architect and have allready had to turn down 2 jobs this year making double what i make here in hicksville Fresno CA due to the fact that i do not have a green card.
    As far as the investor visa,i have looked into this too with my attorney and i am not elligible,even though i have the funds,due to the fact that my previous attorney did not file my papers on time in 2000 and therfore had to refile under 245i in 2001 and i am paying the price along with 30 other clients of the crooked attorney who ran away to another state.
    My earnings this yr were above your guys fugures but Uncle Sam takes a very large chunk due to being single,no real estate in my name and no tax write offs.


    lucky7: Are you a licenced architect? Construction Manager? or a Jun-Architect?. You said $92/hr




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  • kanshul
    04-23 09:48 AM
    Also remember that the client may not be happy with the small consulting firm who is threatning...

    Do you have a middle layer (preferred vendor)? Does your employer have other working on the client site? In either case the employer faces serious possiblity of losing businesss in the future.

    Talk to your client manager and I can assure you that no court will hold your employer's reasoning as valid.

    What state are you in? In NJ your employer is not even considered an employer but an employmend agency so no non compete holds...




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  • rb_248
    09-10 03:25 PM
    Got the cards in the mail. My online case status says the application is still pending.

    Folks (those whose PDs are current this month),

    Check with your attorney, in your mail boxes along with the online USCIS case status. You may get the good news in your mail box or from your attorney's office before your status is updated online.

    This is what my attorney had to say:

    The USCIS online status system is maintained by contract workers and is often inaccurate.

    Online status got updated today. Snail mail is faster than email - happens only with USCIS. Anyways, my journey is over. Good luck to others.




    indyanguy
    01-13 07:39 PM
    Do they send you a copy of the original?

    Hi All,

    Thanks for your patience. I was busy yesterday and I would like to provide you all proper information what I sent to FOIA. Here is the information I got from my folders.
    1) You need to fill the form G-639 to get the I-140 documents.
    2) Provide as much Information as possible about your case. Some of you doesn't have the Receipt Number, they may also fill the form G-639 and provide any other information you have. (Ex: Provide with thorough description of your case in a separate paper.)
    3) After filling the form, Notarise it (Your bank will do it)
    4) Attach all the documents with this form and send it to:

    USCIS National Record Center
    FOIA Division
    PO Box: 648010
    Lee Summit, MO 64064 - 5570

    5) There is no fee to submit this form. You will receive a receipt# within a week how they will process your request.

    6) There is no way your Employer/Lawyer know about it. Its in between you and FOIA Division.

    I feel myself proud to provide all these details to you since I know how difficult to stay with a blody sucking parasite Employer. I spent lot of sleepless nights and I decided to fight with bad/rogue Employers.

    Please keep in touch if you have any other details.

    Bhanu




    felix31
    04-18 11:26 AM
    vicks don,

    did you file with vermont before April 1st?

    my husband's I-140 case was initially sent to Nebraska (after april 1st batch) and it got transferred to Texas and we got Texas service center receipt notice.

    I guess you would send RFE to the center that issued the RFE. Wait for it to arrive....Also, you already have receipt notice, right? Look for the first three letters your receipt number starts with. If it is EAC, that your case is with vermont. If it is SRC, than your case is with Texas..
    hope this helps..

    Oh, and one extra detail, the online message from Texas says it takes 400+ days to process these applications. I am absolutely horrified by it..
    The web site says they are processing Jan 06 cases, but somehow that does not look real..



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