Sunday, 26 June 2011

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  • alp_waj
    11-07 04:36 PM
    Thanks guyz !!

    I did spoke with Sheila Murthy Lawyers on chances of maintaining GC processing and Consular processing.

    My firm is OK with my long Leave of Absence...Only thing that threw spanner in the wheel was comment from Sheila Murthy firm's advise.

    Per them, to renew AP and EAD, I need to be phsically back in states and also stay in States for the duration of approval i.e. if it takes 3 months for renewal of AP and EAD, then I need to be in States for that duration.

    I asked them what if I can apply 5months in advance, from Outside US and someone can fedex it to me. Max I can come back for few days.
    .. Per them this will not work...

    What do you guyz say ?

    Many thanks !

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  • kaisersose
    07-19 02:09 PM
    My Lawyer does whatever my employer tells him. They never give any receipt notice or approval notice to employees.
    They did not even let me file my EAD and AP along with I-485.

    I can file EAD/AP myself but I'm worried they might not give me the receipt notice of my I-485 filed in july, in a last ditch effort to prevent me from fleeing(I don't yet have any intention btw) or atleast make it difficult for me.

    I'm sure there would be many in this situation.

    Any thoughts what can be done?

    If they do not show you anything, how do you know your I140 was applied/cleared? How do you know your 485 was filed?

    If we place ourselves in the employer position, almost everyone who can file 485 now is dreaming of invoking AC21 6 months from now. Imagine the mayhem if everyone or almost everyone quits. Many companies which are not direct vendors & where the employees are mostly H-1b will probably have to close shop. Naturally, employers would want to be cautious.

    In your case, since you do not have the intention, you do not need the EAD anyway. At the least, try to get the case number. Even if your attorney does not give it to you, you can call USCIS and get your case number for 485 as 485 is really your application. You can also change the 485 address to yours during the call and then all communication will come to you.

    You can invoke AC21 with your H-1b. That is the preferred method.

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  • n_2006
    10-03 12:17 PM
    I have done FP on Sept 27th. no LUD so far. Same with my wife.

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  • loudobbs
    12-11 12:04 PM
    My suggestion is not to insult or hurt anybody. I understand the purpose of immigrationvoice. I am a contributor and will continue to support IV. However the way people hijack threads really pisses me off. The leaders of IV should figure out a better way to motivate people to donate. If people are not inclined then stop calling them names etc. I am not talking about anybody in particular. If somebody is not inclined it is not completely his/her fault. The coercive tactics some people use on the forum to make people donate actually does piss of a lot of people. I am nor talking about anybody in particular, but this is NOT the way to motivate people to contribute.

    Sorry if I heart anybody feelings.
    And I will donate to IV again..

    I just check oxford dictionary to make sure whether I screwed somewhere but what I found is it was request to dollar500 from my side. It was not a advise. Rather you are advising me not to advise.. Is not it contradictory?

    And if at all poster might have felt bad about my request s/he should have replied my post. Why on earth you wanted to jump in?


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  • lazycis
    12-18 12:45 PM
    What if the job i'm moving to after 180 days is hiring me permanently now itself? Do they still have to specify (in EVL for AC21) that they will hire me perm only upon getting GC?

    Just specify that they intend to employ you on a permanent basis. It does not really matter whether it happens before or after you get your GC.

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  • tikka
    05-30 01:19 PM
    I visited my local USCIS office and the officer told me that they don't do I-94 updates and asked me to contact the CBP office. When I called them up to get an appointment, I got transferred to a lady who asked me the details. After listening to my case she said its perfectly okay and asked me to attach the new I-94 from the 797 to the passport. Is this true?

    I am trying to get hold my lawyer but in vain. Please help!!!

    The next time you enter the country the INS officer will stamp the new date of the I-94 to the passport.
    You can also attach the new I-94 and keep the old one too.

    Hope this helps!


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  • waitingmygc
    11-30 05:37 AM
    Hi EkAurAaya,


    Please share more info on what steps you undertook to utilize your sopouse EB-2 PD from your already filled 485 as EB-3 primary.

    It will help others too.

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  • raj2fly4
    07-12 03:29 PM
    I applied for H1B extension in october 2006 as my H1B was about to expire in December. After five months of applying, got an RFE in Febraury 2007 . My employer replied to the query in Mid March 2007. My employer was reluctant to do a premium processing when he replied the query, saying that he doesnt want to take any risk. CSC transfered my case to Seattle, WA field office ( the field office is no where near my employers physical location, not even close to where I live) on April 4th. I guessed that its because of new H1 petitions filed in April. Its been more than 3 months and no action taken on my petition. We tried to convert into premium processing, but the field office rejected it saying they dont accept premium processing in their jurisdiction. So nothing else to do but to wait wait wait. Total time passed since my initial petition in OCtober ( 9 months).

    My license has expired in March and the DMV do not renew my license with out a new I-94. Really its been a hell with out DL and still depending on others for necessary needs.

    I am tired of telling the story to every one. Why not one more time here. I want to find out what other steps I can take to expedite the H1 Petition. Is there any way around to get the license renewed. Please share your experiences and suggestions.

    My wife applied for H1B(new) in APRIL and her petition got an RFE asking to show proof that whether she will be in legal status until october 2007 as her I-94 expired in December(as her H4 petition is also pending due to RFE on my H1B). Attached the receipts and everything when she applied. From the documents attached cant they figure out that H4 petition is pending and she is in legal status. Kinda pissed me off.

    I took an info pass appointment and went to the Newark Office today to see if they can help with my case. The IO said, they dont deal with H1B cases and cant help me in anyway. Though she took time to see where it is. She told me that I have to wait wait wait. This is really pissing me off, without a driving license for the last 4 months, passport expiring soon, Wife's H1 petetion Query ( as her H4 renewal is in hold due to my H1B RFE). Guys please post some ideas on how to deal with this situation. I even opened a service request about my case. But no progress. what should be my next course of action to move the case.

    Any valuable suggestions would be appreciated.



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  • Cheran
    09-19 02:02 PM
    This is height of desperation. You want put your kid as collateral to get your Green Card. So what will be your argument?
    Also, follow Jindal your odds are even better.

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  • teky
    10-27 09:57 AM

    Getting a residency now is very difficult. Getting a waiver now should not be that hard. I would not say it is easy but if you get a residency position, just take it. We hesitated at first but got through all the issues without any problem.




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  • Norristown
    09-22 12:38 PM
    With current situation in economy, I don't think our HR 5882 will be in the mark uplist. US govt has bigger problems than spending time for "recapture EB visas". I have no hope of recapture bill will be discussed near future. Sorry for my pesimistic views

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  • banta4u
    07-13 10:17 PM
    Do you really think IV can convince USCIS to do a regulation change? Hee Hee...

    Who can get regulation change done? Companies like Microsoft, Oracle etc...they have the bandwith and financial muscle to lobby and make regulation change happen....

    IV can grab and influence media...let's just leave it at that....AND BOY WHAT A JOB IS IT DOING!!....HATS OFF TO IT....THE FLOWER CAMPAIGN WAS A GENIUS IDEA.....AS LONG AS ONE CAN INFLUENCE NY TIMES/WASHINGTON POST/NPR TO REPORT ON IT....THEY HAVE SCORED 100 out of 100 in their media blitz!


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  • pappu
    06-20 11:39 AM
    jansilal...ltnc!!!! how r u?

    How are you Yabadaba?

    We missed you.. The other day I saw one of your eloquent posts on a site. Wish to see you here more so that this forum is more lively and useful for others.

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  • thepaew
    02-19 01:42 PM
    I wouldn't want Laloo to get his paws on my money. It is better in a Swiss account. :-)

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  • invincibleasian
    02-05 09:19 AM
    Please explain what is student status and 221g. You mean , if you are student of any intitute in US, while your I-140 is approved?
    I was here on F1 first and then converted o H1. I went for a H1 stamping after about 5years. Student status refers to the status of the F1 visa. They usually track it using SEVIS. My bad luck since SEVIS was not up that day or my name was not showing up since I was a pre sevis grad enrollment. 221g is a document they hand out if they cannot issue a visa due to lack of documents or need to no further administrative processing like verify employer/status on a visa etc. You need to either appear again before the consulate or they get back to your later. My case was a nightmare and I dont plan to ever go back again to India period. Guys do your research on the web regarding 221g do travel plans accordingly!

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  • qplearn
    10-09 10:29 AM
    maybe the US should take a lesson out of India's book:

    (kidding - but hey, it works to get things done faster, right?)

    Interesting stuff there!! This is one of the reasons I don't want to go back (of course, there are other reasons too :)).


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  • pd_recapturing
    10-02 12:00 PM
    I am planning to leave my current employer and move to a different one. I have got my I-140 approved under EB3 category from the current employer. While moving to the new employer, I want to retain my priority dates. I would like to know what kind of documents are needed in order to do the same. I am presuming that a copy of I-140 approval notice would be needed from current employer that I am sure that my current employer would not give me. So what is my chance in this case? is there any way, I can get it from USCIS? Has anybody got it successfully from other than the employer? Are there any other documents , I need from my current employer. Please suggest.

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    05-24 12:47 PM
    Done...Good work.

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  • jatinr
    03-19 08:17 PM
    More H1-B workers in the labor pool and in GC Line more outsourcing openings for Indian Companies ...:)

    Adding more H1B is what every employer aspires. They don't want you to get GC soon enough so that you leave them for better prospects.
    No one is going to raise the GC backlog issue. Is there a way by which the we can also ensure that companies also stress on reducing the backlogs in EB categories and re-capturing past immigrants visa as a interim relief as they lobbied for increasing H1-B caps

    01-04 11:22 AM
    I have 2 questions, the first one is about changing the employer after 180 days, what do we need to change the employer? do we have to file any thing with DOL or INS? do we need to be sponsered by the new company?

    The second question is about the ability of the spouse to work, what is needed for her to work? just getting EAD and he/she can work for any employer?


    It will help. I will give you an practical example.

    I filed my GC two months later than my colleagues. Fortunately they filed 485 and hit the retrogression. I did not get to that step. Now it is almost two years after they have filed their 485. Just because they have crossed that stage, they are considered for promtion and I am not though I have better experience and certifications. They bought houses and their spouses work.

    My company is ready to promote me to higher position if I can cross that 180days mark after 485 filing. If I had promoted to leadership / managerial position, it would weigh more when I apply for MBA. I will have lesser headache at home if my spouse can work and lot more.

    The best part of filing is, you could get EAD even if the 485 is pending and backlogged. You have to do nothing other than filing to get all the above perks. No need to get it approved. Let it get stuck anywhere, none can predict that. You have to cross this stage no matter what and why not at the earliest. No one can assure you even after the SKIL/CIR passage that you will not get stuck with name check / RFE /USCIS backlog etc. Why to wait then?

    11-07 03:54 PM
    Employer has to show that he can support all the employees that have an 140 pending. It cannot be attributed to being sadistic alone.
    However, having an official AC21 process would be good.

    I think so too, the employer wants to scr** us while we are with him, but he doesn�t care a rats a** if we are not with him even if we have worked for him for years. The employer has to show ability to pay since GC is for future employment, so he simply revokes 140 to get rid of this burden. The whole system has flaws and Indian EB immigrants are the worst affected.

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