Tuesday, June 7, 2011

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  • leoindiano
    08-03 11:48 AM
    Guys,

    From what i gathered, It seems these 2 things could effect your processing apart from PD....

    Both can be done, if you take a infopass at your local office....

    1) I-485 fingerprints
    2) A# Mismatch on i-485 receipt, i- 140 approval notice

    For me, i didnt get FP notice from USCIS, i had to go to local office and get that done in feb. 2008.
    A# also didntnt match, So, i called POJ and they said, they open a ticket to consolidate. If i dont see an LUD in a week, i will have to go to a local office and try again...
    In July 2007, when they received 1000's of apps, for most 485 cases, they generated a new A# instead of attaching A# from your I-140 receipt/approval. Your lawyer will say 2 A#'s not a problem. But, this is definitely a problem ACCORDING TO

    Others RD, ND, namecheck which we have no control of even though you did everything right.




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  • nb_des
    04-14 11:51 AM
    My LC is still in process after auditing (EB2). My employer wants to 'drastically' cut back my salary due the national depression, which is particularly affecting the field my company is operating in (sub-primes). If he does that, and I accept it, is LC in jeopardy? We filed back in September 2007 with a certain salary and now it will be lower. Do we have to communicate the change to the DOL? And if yes, what will happen? Do we have to re-file? Thank you to everybody for all the info you can give me! Really!:(

    I think GC and your LC is for future job and as long as employer has ability to pay based on their financials it should be fine. But again I am no expert check with your immigration lawyer.




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  • hpandey
    03-02 11:36 AM
    Looks like your PD is current. You might get your GC anytime. That is another factor I would consider if your GC gets approved before you get married.

    Filing six months in advance seems to be a better idea.




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  • bestin
    10-09 01:19 PM
    Please be careful giving such advises. The person in question was out-of-status because he never worked for company A, so it is not certain if he is in valid status at this point. I would not generalize saying he could file without any hassles. He should speak to a qualified attorney before doing that.Labour is approved.I140 is something more related to the employer.He is in status currently.As long as he applies everything soon (by chance he goes out of status.I mean his H1B transfer) he is safe as he can goto AOS.
    Isn't



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  • Ramba
    08-04 03:03 PM
    Awaiting for the response from experts, kindly help.

    Appears like more complications. I think you should consult a lawyer. As per last action rule, you might have violated the H1 status, by continuly working with L1, after CIS approved the COS application. Perhps, the violation might have been reset by your fresh entry with L1. As your family is not with you, better consult an qualified attorney.




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  • seahawks
    06-27 03:02 PM
    Check this forum (http://www.baraban.org/go/printthread.php?threadid=15493)

    Question:Name misspelled on I-485 NOA

    Yesterday we recieved 3 NOAs (for 130, 485, and 131) from USCIS, and unfortunately, most important (I-485) NOA misspelled my last name (while two other NOAs not). Nothing was misspelled on my application - I checked my copy.

    On the NOA, USCIS wrote in bold: Please notify us immediately if any of the above is incorrect. Well, my last name is incorrect (twice). Unfortunately, USCIS didn't say how exactly I should notify them immediately.

    So, what is the best way to correct this? Infopass? Or any good phone/fax numbers or email? We are in San Francisco.

    Thank you.

    Answer Yes, you can do it through INFOPASS or you can wait until your fingerprinting appointment which will happen shortly and do it at that time

    An attorney has suggested them to take an infopass appt and I suggest you do the same

    This is true since you haven't messed up and the USCIS did, in my case, the form that was filed had wrong information. There is no information in USCIS that tells us how we can correct it.



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  • minimalist
    10-13 02:48 PM
    Is it mandatory to wear business formal? I am going to get visa stamping with my wife, she is applying for H4.

    Thanks!
    They may not care even if you go in casuals but may not be a good idea to push it that far.




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  • vicks_don
    04-18 03:23 PM
    i understand it now.



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  • arjunpa
    08-18 11:58 AM
    TXH1B,

    Are you suggesting that I must exit/re-enter with the new H1B (even if the approval accompanies a I-94 or not - both scenarios) ?
    I was planning for that in the worst case, to exit/re-enter through Canada.

    I will keep the 245(k) rule in mind. Again, Thanks for the answer.




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  • dilbert_cal
    04-15 12:04 PM
    If your employer remains the same , the job remains the same and the job location is only changing by 8 miles, you have nothing to worry about. It will NOT cause any issues.

    Btw - Did you talk with your company lawyer and/or your manager about this ? What is their opinion.

    ps :- You have two threads - please delete one of them or edit the post so that two threads do not go in parallel.



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  • meridiani.planum
    07-12 08:37 AM
    I would suggest you push your application for premium processing for I-140 so that it would be approved in 30 days time now. Because you are in the 6th year of H1 you can do it. So in 30 days if you have 140 approved then you would know whether your priorty date is recaptured then go for I485 before 08-08-08 Sep bulletin date?

    double-check with lawyer about the I-140 premium processing. My understanding is that you wont qualify for it since your PD is Feb 2008, and 6th year ends in March 2009. So come march 2009 you are eligible for 1 year h1 extension as your LC would be 365 days old. The current qualifying rule for I-140 premium processing indicates that its only for people who have no other way of getting an H1 extension (meaning LC is <365 days old at the point of expiry of current H1)




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  • ilangocal
    04-07 10:41 AM
    Hi
    I have given up hopes of getting an H-1B through the Master's quota. I applied on April 4. So there are no hopes anyway.

    Now how can one get an H-1B through a non-profit organization. My understanding of this process is not very clear. I was under the impression (wrong impression!!) that if I can get a job at a Non-Profit place through a consulting company(I am an employee of the consulting company and not the Non-Profit org) and because my workplace is at a non-profit organization, I can get an H-1B that qualifies as one that belongs to the Non-Profit H-1B category.

    Please clarify. I am trying to understand this clearly.
    Thanks very much



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  • lskreddy
    04-12 09:51 AM
    Can you not reply anonymously? If you couldn't, if you respond, I don't think they would put your existing application in jeopardy if you respond truthfully. You certainly have a good reason to move and they seem to already know that.

    If you are worried, why don't you wait until your H1's approved and then respond? Its never too late to report these scumbags and you would be doing a service to others who might fall trap.

    If you decide to not report, I totally understand. It is fair to feel queasy with anything related to immigration here.




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  • msyedy
    03-24 04:05 PM
    Hello fellows in pain!

    I have a question, I am currently stuck in EB3 retrogression with 140 approved. I am contemplating switching jobs and try out for EB2. Could anyone please share thoughts on my chances? Below are my education / experience details:

    - US Bachelors in Computer Science
    - More less 5-6 years of experience in my field plus a number of advanced certifications from Microsoft and Sun (I suppose these don't really matter).
    - However, the above mentioned years of experience have not been all gained right after college. Last 2 years of college I was working full time in my field and going to school full time.

    Any suggestions would be extremely helpful!

    Cheers,
    Me.

    I believe that EB2 means - Bachelors + 5years experience after getting a degree. Many of my friends have filed under Eb2 with bachelor + 5 as their lawyer suggested them to.

    It depends on the lawyer. Get a good lawyer and find out if he can help you.



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  • gxr
    10-02 09:44 AM
    Mine is EB3 with a RD of Oct 6.
    LUD was on Oct 26, 2006. No news after that. No RFEs as well.




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  • shana04
    07-21 10:25 PM
    I am in same boat, I took a Infopass today and met with a IO in NYC. She said she will do the needful as the dates are current by communicating with TSC and if nothing happens I have to come back in 45 days. I do not have hopes but lets see what happens

    Chandu,

    I have been reading your post for quite a while. some nice info through your post.

    Can you please help me how to take info pass.

    Thanks in advance

    Shana



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  • desi3933
    01-31 06:39 PM
    hi beuhler....if i understand your reply correctly, you meant that as long as there is proof that your marraige date(marraige certificate) is prior to gc approval notice...there is 6 months to file for the i485 for the wife even though she may be in india at the time of marraige?

    There is no 6 months requirement. PERIOD.

    As long as dependent relationship existed at the time of I-485 approval, she can either file I-485 (if in USA) or can file in home country for immigrant visa (follow to join).

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin




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  • delax
    07-16 01:21 PM
    this post is a great example of diplomatically writing a lot and actually saying nothing ... way to go!

    I beg to disagree - I think if you read between the lines it is quite clear that potential solutions are being discussed. A solution may be announced but NOT within the 24 hrs that we all are expecting. It may lead to a deadlock in which case the lawsuit would be one of our recourse.

    I think we all got a little carried away by the 24HR time frame from Core.




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  • pa_arora
    09-19 12:56 PM
    I think we should all post our unfortunate, painful stories to the newspapers and TV news channels.

    We need to make ourselves herd. I don't think making some noise and gaining bit high profile will hurt us.

    I have a collection of the emailid, let me know if this is fine with u guys, I will post it here.




    gondalguru
    07-08 10:47 PM
    i have heard in the past that you can move jobs in the same area, but never gone into the specifics....
    my attorney does a lot of this stuff, you can get a free consultation.
    pm me if interested.

    btw it;s a good question for iv-physicians, are you part of that group? see my signature.

    I have requested the membership for iv physician group for quite sometime but it is still not approved. I don't know what the problem might be.

    I will pm you regarding NIW thing




    rajuram
    11-08 11:54 PM
    According to the following document from USCIS they issued receipts for approx 150K applications for AOS in sept. So my estimate of the total back log is


    June filers 75k
    July - 25k
    August 200k
    Sept 150k
    Oct 50K

    Total = 500k

    http://www.uscis.gov/files/article/APPLICATIONS%20FOR%20IMMIGRATION%20BENEFITS_Septem ber07.pdf



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