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Wednesday, July 6, 2011

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  • chanduv23
    06-17 02:47 PM
    Do u have to inform USCIS everytime u change job or just first time would be sufficient?

    Thank you.

    What my Attorney (Prashanti Reddy - who does free sessions on IV) said

    Please note that even after sending this out, you might get an intent to deny or denial notice on your I-485 as soon as your employer revokes the I-140. In which case we must respond within 30 days with the same documentation. This happens because the docs often dont find their way to your file as they have not been requested for by the USCIS. Also the intent to revoke might be sent to your old attorney, you should get a copy of the same also. However, i advice you keep in touch with the USCIS by checking status of your case online and keep in touch with the other attorney also, so that we dont miss the deadline to respond in case you do get an RFE or intent to deny or denial on your I-485.





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  • gcformeornot
    01-02 10:53 AM
    Please vote.





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  • abhijitp
    07-18 07:39 PM
    Thanks for the replies !! I have everything ready as I was planning for concurrent filing. But since the decision was changed on July 2nd, my attorney just filed I 140.

    sure, I would sign up for the contribution.

    I thought you applied under the "Labor Certification" system not PERM. If you did PERM (only then can you file concurrently), nothing stops you from filing for AOS rightaway, so go for it!





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  • caond
    05-07 05:41 AM
    I am holding J-1 student visa (academic training) from 8/2007 and will be expired on 7/31/2010, sponsor by U of Colorado. I am working as a postdoc for a project funded by NIH until 2013 at VCU. My advisor want to change my visa category from J-1 student to J-1 scholar, sponsor by VCU, to continue the project.

    According to an international advisor at VCU where I am applying J-1 scholar, I cannot change from J-1 student to J-1 scholar due to 12-month bar:

    [Time spent in the United States in any J status (including J-2 status) during the 12-month period preceding the prospective professor or research scholar's program begin date may affect the alien's eligibility for participation as a Professor or Research Scholar.

    22 C.F.R. � 62.20(d)(2) establishes what is referred to as the "12-month bar." The general proposition of the 12-month bar is that an alien is not eligible to begin an exchange program as a Professor or Research Scholar based on a DS-2019 issued "to begin a new program" if he or she was physically present in any J status (including J-2 status) for "all or part of" the "twelve month period immediately preceding the date of program commencement set forth on his or her Form DS-2019." ]

    But according to an international advisor at University of Colorado (my current sponsor for J1 student) that the 12-month bar is not applicable for me due to exception:
    [(A) J-1 transfers. The 12 month bar is not applicable to those who will begin a program by transferring to a new program sponsor under the transfer procedures of 22 C.F.R. � 62.42 ;
    22 C.F.R. � 62.20(d)(2)(i) ]

    Who is right? What should I do? :confused:

    I appreciate any help !!!



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  • bob2007
    07-25 11:34 AM
    Any body experience filing un signed Labor Substitution?





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  • sdeshpan
    07-10 04:29 PM
    Wow, surprisingly the Eb-2 dates have moved ahead by 2 yrs!! I have a feeling they will go back to 2000 next month :p



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  • petronut
    04-30 04:44 PM
    I140,TSC EB2(regular)

    RD-1/8/07. ND-1/11/07

    PENDING





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  • indianabacklog
    06-27 10:47 AM
    It should appear on your I140 approval under the Beneficiary. Under your name, the A# should appear there.

    Even my lawyer could not remember where my A# came from and I pointed it out to her.

    Some people say, they didn't get it. I'm not really sure.

    Please check your I140 approval.
    Why are you trusting your lawyer if they cannot even remember where the A# came from? Makes me wonder how they justify their existence if this the level of their competence. If I was that bad at my job I would have been on a plane out of the US within a week or arriving.



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  • gcdreamer05
    08-11 11:26 AM
    Guys,

    We have to come up with some numbers so we can plan our life ahead. Please vote only if your Application is pending. This is not for EB3-I who are already approved.

    Thanks.

    It is so pathetic to see ppl with 2001 PD have still not got GC in EB3, then what will happen to people like me who are in 2005 PD Eb3 :confused:





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  • GCWhru
    08-04 05:04 PM
    anoopraj2010,

    We are also on the same boat. My GC (primary ) approved on Aug 2008 and my wife's 485 still pending, we have returned back from India last week and no questions asked about her AP.



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  • doesntmatter
    05-20 05:21 PM
    Background:
    No AC-21 same Company 1 since beginning of labor & No Address change (6 years)
    No Notice of Intent to Deny; Straight denial notice in around 8 business days
    EB2; Priority Date: Mar 14 2005
    LC: Approved Mar 2007
    I-140 Approved May 2007
    1-485 Applied Aug 2007
    First RFE: Only G325
    Second RFE: 4 Items
    1. Signature issue in Medical forms - redid the forms
    2. Criminal records - got a certificate of "No Records" from the courts in the cities I lived in the US
    3. Travel dates since the first arrival at USA - furnished all of them
    4. Document evidence that USCIS authorized the work between Aug 2002 and Sep 2002
    What happened in that time?
    Was with Company 2 on L1-B
    L1-B was about to expire by Aug 29, 2001;
    Applied for L1-B extension on Aug 3, 2001;
    RFE on L1-B extension on Feb 23 2002;
    Response submitted for RFE on Mar 3 2002;
    NO RESPONSE TILL SEPTEMBER 2002
    Apply for H1-B with Company 3 on August 20, 2002;
    ATTACHED A COPY OF THE ONLINE CASE STATUS INDICATING THAT BCIS IS STILL WORKING ON THE CASE AND REQUESTED AOS FROM L1-B TO H1-B
    Sep 2002 - H1B Approved; Was asked to go back to home country to obtain AOS;
    Obtained H1-B visa and travelled back June 2003;
    Transferred my H1-B to my current employer (Company 1) and applied for labor certification with my current employer by Mar 25 2005;

    FURNISHED THE COPY OF THE H1-B PETITION in my response.

    Denial Notice was sent out today (have not received it yet).

    Is it possible that USCIS finds me ineligible for AOS based on:
    Normal Eligibility Standards of AOS under Section 245(a)
    Alien must be �eligible� for immigration; and
    Ineligible classes
    Alien was employed in the United States without USCIS authorization prior to filing AOS application;

    If so:
    1. Will I be able to do a MTR or an appeal?
    Or
    2. Is a lawsuit the only way to go since I will not be allowed to appeal?

    How much time do I have and in general - experts who have dealt with situations like this before, REQUEST YOU TO PROVIDE ADVISE ASAP.

    P.S: I do have a lawyer and I am talking to my lawyer for legal advice. The reason I am here is I am not getting all the answers from my lawyer and yes I am looking for another good lawyer. I am also talking to a re-location company and getting quotes to travel back to my home to be prepared for a worst case scenario.





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  • Tshelar
    06-15 06:05 PM
    There is no law against multiple companies processing H1B for the same candidate at the same time. In past I had 2 Job offeres and both companies were processing my H1-B at the same time. Eventually I joined one of them. I do not see any issue for you to go back to your Home country and get the visa stamped as long as you are working and getting paid as per your approved H1-B petition.
    Also if you never landed up working for the company for which your H1B transfered got denied then there is no issue at all, but if you did then I am not sure about the ramifications.



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  • grupak
    11-09 12:33 PM
    Have analytical and writing (mostly scientific research journal type) skills. Would be glad to help where I can.





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  • gk_2000
    08-28 02:22 AM
    There is no point in moving the PD if they cannot process the PD's who are current. This is what is happenning now in USCIS. I would rather they move it by small amounts and process those who are current than give false hope to people!

    Maybe false hope for your situation, but for a lot of us it means getting freedom via ac21



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  • booz
    03-25 09:30 AM
    Dear Mr. Chidanand Rajghatta,

    This is in refernce to TOI's article
    http://timesofindia.indiatimes.com/a...ow/1463861.cms

    If you want to print that Laloo Prasad cow was sick and was taken to hospital as the headline news,, fine with me.

    But please don't write about immigration issues when u guys don't research properly.

    We have come here through legal immigration channels and we hope that our GC's or H1b gets cleared soon.

    Most of us would have stayed back if the Mandal comission / V.P. Singh wouldn't have spoiled our lives.





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  • sidbee
    06-10 10:43 AM
    Pl. help with your precious advice. I got laid off five months back. I kept hunting new job but could not get one. Now I plan to move out of the country. In the circumstances, is my employer who was holding my H1b during termination, liable to give return tickets to my base country ? Can I claim the same after five monthsof my termination since I failed to get any job? What about my family members?

    Can anyone send any link emphasising this Rule so that I can quote that to my employer?
    Any advice in this respect is highly appreciated. Thanks.

    Man you are illegal in the country, And you want to pressurize your employer to follow the law.

    If i was a employer , and had laid of a employee , I may not have reported the lay off, but if he tried to teach me the law , i would have surely reported it to the USCIS , as a illegal.



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  • gc_chahiye
    11-02 10:54 AM
    Schedule A workers first get GCs from EB3 quota and when they finsih that, they take the recapture numbers. When there is no recapture rule, they are treated as other regular EB3s.


    exactly! this is almost a disaster for EB folks, most people dont realize that: they think the queue is getting smaller. The queue will remain the same, the chance (& amount) of recapture that might happen for regular EB folks is getting reduced. One recapture was alreayd done for Nurses back in 2005-06. This is the second one. One or two more such recaptures, and there will nothing for US to recapture.





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  • sai2005
    03-06 04:22 PM
    ALL Gurus,

    My name is Sai. I am very confused and need your advice on how to handle my current issue with I140 and H1b status.

    Issue Details:
    1) Applied GC EB2-RIR on JAN 2005
    2) Applied for I140 on July 4th 2007 and I485 on August 22nd 2007.
    3) Received EAD and AP for both myself and my Wife.
    2) Got RFE I-140 on DEC 10th 2007, asking for Company financial documents and my Education details. but my I485 in still pending.
    3) Responded to RFE with mentioned documents on Jan 30th 2008
    4) Finally I-140 Denied on FEB 29th 2008 and Deniel notice is not yet received. I dont know the reason for deniel yet. whether its an company issue or my education related, I still dont know.
    5) I am on H1B since 2001, applied for 8th year extension (regular) on 19th FEB 2008 (10 days before to my I140 deniel), as of now receipt not received. My current H1b expires on 29th March 2008 and my 1-140 denied on 29th of FEB 2008.
    6) My wife is on H1b Visa.

    Questions based on my Issue:
    1) Since my I140 got denied, is there any impact on my 8th year H1b Extension? Am I going to be Out of Status? If
    so please advice on how to retain my status.
    2) What are the options open to me, since my I140 is denied. Which one is better : MTR or APPEAL?
    3) Can I apply for a new Labor (PERM)? If YES:
    1. Can I apply for new LABOR before APPEAL or should be applied after the APPEAL.
    2. Can I apply for LABOR with a new employer or only with Current employer? and what about my 9th year H1b extension if I file the labor with a new employer?
    4) If my Deniel is on my education related, then Can my attorney file an MTR and request the USCIS to consider my case as a EB3? if requested what are the chances of USCIS approving my I-140?
    5) If the USCIS is OK for converting from EB2 to EB3, will the same application's applied ealier for 485/EAD/AP are valid or not?

    I need your suggestion. Please.. advice me on what steps need to be taken to carefully handle I140 deniel and also to maintain my status in USA.

    Thanks





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  • srikondoji
    07-02 03:07 PM
    One question that comes to my mind regarding contributing for the lawsuit is...

    Should i contribute to IV or to my lawyers firm. I believe both ways the funds are going to end up with AILF. Or shud i do part contribution to both these orgs?
    I need some answers.
    The only way out for me is to contribute and nowhere else to go.
    CIR is shut and July has turned back on me.

    The only window i can see is through IV now. The sooner we all realize the better for us.





    alisa
    08-03 10:45 AM
    I am starting this thread for people who are still waiting for their I-140 approvals.

    There is a thread about the delay in I-140 approvals at TSC. However, from what I can tell by looking at data, NSC is worse than TSC.

    The processing dates suggest that NSC is looking at March 2007 I-140 applications. But thats what they have been saying for the last three months.
    In December 07, the processing dates for NSC EB3 were at January 2007.
    In July 2008, the processing dates (NSC, EB3) are at March 2007.

    We are witnessing the birth of another 'backlog elimination center.' This must be pointed out, so that there is a chance that this could be stopped.





    bekugc
    04-01 09:21 PM
    hi irrational;

    if this is of any help to u, my friend got this same "the post office returned the notice" msg few months ago. His appln was in nebraska service center. he had gone to india and to prevent mailbox overflow they had given a stop order at the postoffice. When he further enquired about this they told him that reason for mail was "one of fingerprints on record for the spouse hadnt been proper and they wanted to re-take it". after this he got another FP notice and got it done.



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