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Friday, July 1, 2011

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  • immigrationvoice1
    03-11 03:39 PM
    My Vote for this thread in the "Entertainment Category" This is the most entertaining thread for the day!

    No offense to the original poster. Though he probably did not get the answers that he was looking for, but managed to entertain us!! Singhsa3's response was hilarious!!:D

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  • desi3933
    06-30 01:56 PM
    I can work in the Software company fulltime but at the same time can work in a motel part time, now when I get lay off from the software company ..I'll be in status but working for motel, also not full filling the condition of Highly skilled labor etc.

    Can someone please explain all this. So far I know you cannot have this and this is what my attorney told me when I thought of doing that to open up a company and work as an employee partitme in it.

    Mr./Ms. P. Saxena -

    Each H-1B must be for specialty occupation, whether job is full time or part time. Beyond that, it does not matter whether job is classified as "Highly Skilled Labor" or not.

    USCIS - What is a specialty occupation? (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=6408ec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=4b18dc4d88889010VgnVCM10000045f3d6a1 RCRD)

    Hopefully this clears your confusion,

    Have a good day!


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  • krishnam70
    03-26 12:28 AM
    My case details below:
    PD of Jul 2004.
    I am still working for same GC sponsoring employer since last 5 years. I still perform the same job title/job duties as mentioned in labor.
    My employer had mentioned a salary of 87,000$ in my labor. --> what does your H1 LCA say?
    My 485 was filed way back in Sep 2004. OK
    My 140 was approved way back in Nov 2004. GOOD
    I have had 2 FPs done and 1 RFE replied to about 2 years ago. RFE was for EVL & TB Skin test.you are good here

    2004 W2 – shows 74,000$/yr (Less than the salary mentioned in approved labor which is 87,000$) --> your current employment is on H1B/A or whatever you need to be worried about the salary mentioned there
    2005 W2 – shows 57,000$/yrsame as above
    2006 W2 – shows 50,000$/yrsame as above
    2007 W2 – shows 58,000$/yrsame as above
    2008 W2 – shows 67,000$/yrsame as above

    Never changed employers nor job titles. good

    My concerns and questions below:

    Q1) Will my 485 approval be affected due to the W2’s as mentioned above showing less way less salary than mentioned in the labor. I still work for same employer with same job duties/title as mentioned in labor. YES if your salary is less than what is on your H1B/A LCA application if not then you should be fine

    Q2) Am I safe because GC is intended for future job offer? If there is any issue with me getting less salary all these years than my labor petition then can my employer say the 87,000$/yr salary is after 485 approval? Will this suffice? Or am I in jeopardy here? same as above, GC is future job you will be fine

    Q3) With my EB3-India Jul 2004 PD how much more long do you think I need to wait to see a 485 approval? My FBI name checks are cleared.only USCIS can tell

    Q4) With June 2004 PD/EB3 India do you advise me at this stage after 5 years to switch to CP? How will it help? talk to an attorney

    Q5) Would you advise me to start a brand new EB2 India labor and 140 considering my retrogressed eb3 India category and dates?you can try but i this current scenario it might be difficult to get PERM approved and then your company needs to prove you are eligible for EB2. If they can and you are eligible you can port your PD and you should be almost current.

    Q6) I have been on bench for about 3 times (periods of 2 to 3 months) in the last several years witout pay. But I have always had EAD but never used EAD as I had H1B from same GC sponsoring employer. But I always got paid every year more than the prevailing LCA wage for my geographical location? Will this affect my GC? Technically there is nothing such as bench. You should get paid. However there seems to be an interpretation that in a current year if you get paid more than what is mentioned in your LCA(H1) you are safe. I would speak to an attorney about this.


    - cheers

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  • gc_maine2
    08-08 04:27 PM
    OK good another thread, now you have posted this info you can also close this thread.:)

    Q33: When filing an EB I-485 using the old fee, what version of the I-485 form do we use?
    A33: The current I-485 form version dated “7/30/07 Y” should be used. The form can be found at www.uscis.gov
    Q34: To ensure that the correct fee is submitted, may an applicant submit both a check for the old fee and a second check for the new fee?
    A34: USCIS requires that all applications and petitions be submitted with the required filing fee or a waiver, if applicable. USCIS urges the public to exercise caution in submitting additional checks in incorrect amounts: extraneous checks may slow down the intake process and may result in an erroneous rejection of an application (as in the case where the check in the correct amount is missed) or in the inadvertent cashing of such checks, since filing fees are normally non-refundable. For additional information, the public is referred to the fee requirements announced in the Federal Register on August 1, 2007 (Temporary Adjustment of the Immigration and Naturalization Benefit Application and Petition Fee Schedule for Certain Adjustment of Status, FR at 41888). This regulation amends the new Fee Rule, and requires that aliens who file an employment-based Form I–485 and any related Forms I–765 and I–131, pursuant to Visa Bulletin No. 107, through August 17, 2007, must include the filing fees in effect prior to July 30, 2007. The new fee schedule becomes effective on July 30, 2007, for all other immigration and naturalization applications and petitions and on August 18, 2007, for Forms I–485 and all subsequent or ‘‘renewal’’ applications for advance parole and employment authorization based on pending Forms I–485 filed pursuant to Visa Bulletin No. 107.
    Q35: Will previous USCIS policy still apply in those instances where the original approved labor certification cannot be included in support of an I-140 petition, such as when the original has been lost or previously filed with USCIS, or when a duplicate approval must be requested?
    A35: Yes. While an original labor certification must be submitted in support of certain I-140 petitions, USCIS will continue to accept duplicates of previously filed Labor certificates and, as in the instances stated above, in cases where an original labor certificate has been properly filed with USCIS.
    1 USCIS may issue future “FAQs” on this topic for the benefit of the public, should additional questions arise. Such FAQs will be dated and numbered for ease of reference. Department of Homeland Security
    Q36: Will USCIS accept Schedule A concurrently filed I-140 petitions and adjustment of status applications that are filed on or after August 1, 2007?
    A36: As previously stated, USCIS will accept properly filed Forms I-140 filed on behalf of aliens with a priority date on or after August 1, 2007; however, pursuant to August Visa Bulletin No. 108, USCIS will reject any concurrently filed adjustment of status applications filed by aliens with a priority date on or after August 1, 2007.
    Q37: Will the new I-765 filing instructions apply to Forms I-765 filed based on employment-based adjustment of status applications filed pursuant to the July Visa Bulletin No. 107, if filed between July 30, 2007 – August 17, 2007?
    A37: No. The fee of $180 for Forms I-765 and the fee of $170 for Form I-131 will remain in effect for those aliens eligible to file an employment-based adjustment of status application pursuant to July Visa Bulletin No. 107 until August 17, 2007.
    Q38: Where should an employment-based adjustment of status application be filed if the underlying I-140 petition remains pending with USCIS?
    A38: Forms I-485 may be filed at either the Nebraska Service Center or the Texas Service Center in accordance with the Direct Filing Update issued June 21, 2007, regardless of where the pending I-140 was filed. Applicants should submit a copy of the I-140 receipt notice or, if the applicant does not have a receipt notice, include a brightly colored sheet of paper on top of the filing with the following notice and information:
    TO THE MAILROOM: The enclosed I-485 Adjustment Application(s) should be matched with a pending I-140 Immigrant Petition for which no Receipt Notice has been received. The Immigrant Petition [type, e.g., I-140] was delivered to [Service Center] on [provide date of filing and tracking number]; Petitioner's name; Beneficiary's name; Beneficiary's date of birth; Beneficiary's country of birth.


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  • karanp25
    07-30 01:45 PM
    We are in exact same situation. Mine got approved 2 weeks back, even though i am on H1, but we are patiently for my wife's EAD approval.

    To make things worse, this whole drama of EB2 current in August will screw me all the more, as she will get 1 yr EAD and then i have to go through this whole nightmare one more time next yr.

    For me, it's been almost 3 months now...and they tell me the case is within processing dates published on their website. I've seen people who applied almost 1.5 months later than me get their approvals....

    Same situation happened to me - My status shows as card production ordered while hers have no update.

    The sad part is that I m continuing on H1 while she is working on her EAD and needs it approved soon

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  • gcpadmavyuh
    09-23 11:54 AM
    My Wife is on AOS (as a dependent with me as primary). She has recently applied for admission into Graduate School. Since she does not have her green card yet, she was being considered as an international application and was requested to submit her "visa documents". We sent in her I-485 Application, EAD and AP documents. Apparently, the school did not have these in their list of acceptable "documents for admission". The school insisted that we need to apply for my wife's F-1 and provide proof of financial support.

    I was trying to convince the Director of Intl Affairs that my wife is in the country legally and while on AOS, she can attend school and work for any employer.

    The school now comes back saying that they understand being able to work, but they are now asking if there is any law that explicitly states that an AOS applicant can go to school.

    Could you please help?? Is there such a law? I personally went through F-1 to H1 to AOS myself and understand each of these statuses, but am looking for a way to convince that AOS can attend school while in the USA.

    It's really frustrating to get denied because one is on AOS even though one qualifies for admission. Really alarming to see that not many out side the immigration community understand US visa laws.

    I would really appreciate your help!


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  • gccube
    04-08 12:01 PM
    and they gave a consistent reply all the three times that my NC is cleared. But I agree that there are no guarantees.

    As per them the NC was initiated on Aug1st 2007. So probably the 180 day rule should cover me.

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  • gcwanter
    06-27 08:45 AM
    So should i write N/A for a pending 140?


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  • roseball
    06-22 08:49 PM
    I got mine done at Samsclub.....$4.99 for 2 pics and 0.40 cents each for extra prints.

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  • GCmuddu_H1BVaddu
    05-20 10:46 AM
    I have completed. :)

    Thanks for the link...Btw are you taking the same class...:)


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  • gg_ny
    08-31 08:12 PM
    Dear friends

    I'm very excited to say that I got my green card approved. Thank you for all of your support.

    We received our confirmatory emails and web status updates in the last two days. My PD is Dec 2004 and 485 RD is Aug 05, NIW EB2 India. My name was stuck at FBI from Nov 05 until maybe mid-Aug 07.
    This proves that the 60K visa numbers are not over yet. Next year's ombudsman report will say how many of these would go waste but CIS is still processing AOS applns and hopefully will do until Sept 30. I think they are considering every category is C and going by RD and/or preadjudication status after namecheck, FP clearances.
    IV is a core part of my current immigrant status. Having personally met a few core members when the struggle and the group were younger and tumbling while learning to take early steps, it is heartening to see where the organization stands now and going to walk the line on 18th :-). I see this as a perfect example of grassroot level organization and activity, the spirit of which lives in this country but has gone missing or dormant in countries from which IV members have come.
    I have friends who are suffering their way thru the GC process. When I think about them, I could only mutter,"thank God, there is IV".

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  • meridiani.planum
    04-04 01:35 AM
    I just spoke with my company's attorney and she said that I shouldnt get RFE on my I-140. And just in case I get she will inform me and work with the counsel of my ported company to submit a response. Hooray....I am going. My employer is a big known MNC so the only RFE that I may get is exp letter which is very unlikely. With economy going down I dont want to wait for another 6 months for my I-140.

    ok then go for it dude. Do keep us posted on how this works out, I hope you get your I-140 approved soon without an RFE..


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  • yjprakash
    10-24 04:58 PM
    finally status for EAD and AP changed to " documents mailed".

    But yesterday i received a letter from USCIS related to the fax I did before.
    and as per that letter, my request to expedite my EAD and AP is not valid(?????????????) so they sent my fax back (print out). I really dont understand this!!!!!!!!!!

    waiting for EAD & AP hopefully I will get it tomorrow.

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  • ram04
    05-23 10:36 AM
    Re entry with new H1 in 2003 - will it not reset your prior record straight?

    Were you involved in any sort of un authorized employment after your new H1 approval and before I 485 filing?

    I believe that April 3, 2002 is your denial notice is the starting point then. Till that point you were legally employed based on the belief that your application will be approved. Again this is just the common sense readout based on what you copied in�

    So,if you are less than 180 days here without employment authorization you might have a chance � would be nice to know:
    -Why your case was denied at that time (L1B extension???) This usually never happens�
    -What the basis of the straight denial right now? You might want to contact USCIS over the phone (to gain few days) or do you have the letter already?

    Anyway ether cases I would contact the USCIS Ombudsman about the straight denial � they should not do it � they usually issue that Notice of Intent first. Search around the threads here - I�ve seen some cases where the applicant received an immediate denial and somehow they were able to push it back to the �let�s talk about it� mode� - which does not mean that you are safe, but it will buy you some time for you.

    So your research might be right about the 240 day thing which could put this into a different level.

    I cannot recommend any lawyer � I use my company�s one and that office does not take individual cases I believe


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  • gc007
    01-05 10:23 PM
    I have been on H4 since 2000. I once got an H1-B in the year 01, but did not get to work. Meanwhile my H4 got extended till now.

    With the recent changes of de-coupling H1 & H4.......

    My question is can I use the previous H1-B issued in 01 and apply for COS without any cap restrictions ? And can this be used by a new Employer ?

    Appreciate any responses on this. Thanks

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  • sin94
    06-30 06:16 PM
    I had an appointment on the 9th but have not received any cancellation notice yet. I am in NJ and would request if people can mention for which USCIS location were the fingerprinting appointments for?

    This would be my 2nd fingerprinting appointment. The first one in 07 costed us money and messed up my vacation when our laywers said not to miss it.

    Its not like I grown new fingers already!


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  • hmehta
    07-14 02:12 PM
    Yes, that is partially true. But then again they have to prepare identical set of documents, paperwork for both of us - so they are charging for the amount they invest in that.

    What is the lawyer charging you for your wife's application for?? If I am not mistaken all they have to do is add your wife's information alongwith your filing stating you are married and show a copy of marriage certificate as proof. Am I right here people?

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  • VenuK
    07-09 11:29 PM
    --H1-B Case History--
    Had H1 with company X from June 04 to Dec 07. Applied for extension in Jun 07.
    Got RFE in Feb 08, received Denial on May 2nd, 08.had 2 options at that moment
    (1) Make an appeal ( which i did)
    (2) Leave the country in 30 days. ( which i obviously not choosen)

    Made appeal. same time applied for H1-B Transfer with Company Y with Premium Processing
    on May 29th,2008 through consular processing. Received Approval Notice on Jun 6th, 2008
    with Same I-94 number that of company X. I have to get visa stamped with
    company Y asap.

    --Points to be noted--
    (1) paystubb are still generated with company X till current date.
    (2) passport coming to expiration on March, 2009
    (3) I'm currently working at the client site.(started since Sep, 07)
    (4) Did Masters from Jan 2001 to Dec 2003

    --PIMS Verification--
    I heard new process being put in place.
    does any one knows the email id, phone number or fax to whom i should send the I-797 for Verification process. Planning to go Tijuana, Mexico.

    Does any one can advice who have gone (or) is under similar situation
    on the following things?

    (1) Is it legal to work in current situation that I'm in
    (2) how good are my chances for getting visa stamped in Tijuana,Mexico.
    (3) Planning to go for stamping in Next couple of months. kindly let me know if any one
    wants to join me for getting stamping done in Tijuana, Mexico.
    (4) Additional information in this related is more than welcome
    (5) What could be the potential questions that can be asked during stamping interview?

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  • amitjoey
    03-09 03:40 PM
    For the second I-140, He should have applied asking for the previous Priority date. I am not sure about this, but if there is a way to get previous Priority date of Dec-2002 on the EB2 (NEW I-140). Then s/he would be current (assuming India, China).

    09-02 10:41 AM
    Thanks GCDreamer and sbmallik.
    Are you saying that an H4 visa holder cannot work online for an Indian co. and earn Indian income while residing in the US?

    on H4, you can do only volunteer work without pay. Other than that you sleep or sit idle/watch TV.

    09-10 09:32 PM
    I think it is better to file a H1B amendment if there is any issue in the application ... You could get I797A
    and ... It is always least riskier to go to the consulate mentioned in the H1B application ...

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