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  • eucalyptus.mp
    02-18 08:58 AM
    he is asking me to go back to India after March





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  • capriol
    01-26 07:19 PM
    Folks,
    I am not getting my hopes too high about the EB-485 processing dates--either for the TSC or the NSC. Correct me if I am wrong...but I think that this huge progress in the EB 485 processing dates can be attributed to the fact that EB2 (India) is retrogressed and even unavailable (currently) and EB 3 (India) is also regtrogressed, and of course, not to mention China. So, perhaps both the service centers are processing EB 485's for ROW--and thus this quite impressive forward move.

    If at some point India's EB2 and 3 priority dates move by a great leap beyond what it is now (ie., if the centers start processing the July 2007 VB submissions of EB2 and 3) , then should not we expect that the processing dates of the two centers be back-logged again and thus retrogressed?

    What so you folks think? Thanks.





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  • beautifulMind
    08-24 11:34 AM
    I had 485 interview a month back (previously at the national benefits center) at the local USCIS office. The interview went fine except that they gave me an RFE asking for additional documents verifying employment. Since then I submited documents to the local office a 3 weeks back. Today my supervisor got a call from USCIS Anti Fraud Detection (homeland security) and they left a voice mail that they need to verify my immigration status.

    Is this normal? Is there something i need to worry about?

    My record is pretty straighforward. I am with the same employer since 2002 first on H1b and then EAD on a permanent postion and no gap in employment and never out of status

    My supervisor called back but went to voicemail and left a general message





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  • shyamiv
    07-23 11:52 AM
    Hi Thanks for your inputs.

    But both the employers are consultant.
    One is in Fremont CA and other in Pittsburg. Both are offering almost same salary.
    So which should be an better option, if they have a similar better client list?

    pick the fremont ca if u want a cool summer or the other for a snowy winter !



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  • pasagc
    07-31 07:35 PM
    Sorry for my previous unfinished post....:)

    I am going to file my EAD by myself. My lawyer filed my I-485/AP on 11th July. She also gave me the Ups delivery document. Now I have the following q. regard to that.

    1. What will be the filling fee for applying EAD now?
    2. Since I am filling with the delivery document and not wait till I get the receipt notice for I-485. Is there any negative side with it?


    Please put some expert light on this urgent matter.

    ��������������..
    One time contribution to IV: $100





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  • bmeduru11
    02-18 11:43 AM
    Hi all,
    I started working with a company in July 2006 and applied for I-140 in Nov 2006 with an existing labor of Nov 2004. My company is in losses all the time but I am getting more than proffered wage since I joined. Recently I received Intent to deny notice as there is no evidence that company can pay my in 2005. My attorney has replied for Intent to Deny notice and also applied for new I -140 using my own labor.
    New I-140 got approved. I send a request for Interfiling to take out old I-140 from my 485 and use the approved I-140. when I checked the status of my case yesterday - both my old I-40 and 485 got denied. I didn't receive Denial notice yet.
    Please suggest my any options I have for not losing I-485 and EAD.



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  • satishku_2000
    08-03 03:53 PM
    In my opinion USCIS is not very strict on the RFE deadlines. I was late by 3 days for an RFE on my I140. They accepted. But that was more than a year ago. May be, it depends on officer.


    This is the latest on my LIN number ...

    Response to request for evidence received, and case processing has resumed.

    What does it mean ... Any Ideas folks ...





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  • austingc
    12-24 10:32 PM
    H1b extensions can be done based on approved Labor alone. You need i140 only if you need 3 year extensions.

    You mentioned the extension filed is based on approved labor. You I140 status does not matter for 1 year renewals. This is my own experience.

    Best of luck on your 140




    Cheeers !


    Varumo_varatho,

    Your 140 is filed based on your labor and it is denied now. How will USCIS allow you to extend your H1B with a denied I-140? Technically once you filed I-140 then the labor has no value and you have to take action based on I-140. The rule is you can extend your H1B based on your pending labor or pending I-140 or approved I-140. That means once you file I-140 then do not hold your breath to file an H1B extension based on your labor.

    Can you tell us your personal experience that how you got your H1B extended with your I-140 denial?

    If you don�t know anything please do not give your 2 cents here. Nobody asked your wrong opinion and no one is longing for you to post some false information here.

    I would suggest you to change your screen name to Thriyumo_Thriyatho



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  • tabletpc
    10-17 02:14 PM
    Surabhi,

    Thanks for the detailed response...greatly apprecite it...!!!
    These are all tax terms on which the contract is signed

    Corp-corp - Between 2 corporations. From your point of view, you are represented by a corporation. The corporation gets paid from other corporation. Your payment can be W-2

    Contract - W2. The client pays you directly on W-2. Most of the times, this doesnt have benefits.

    Contract to Hire - W2 : Initially you'll start as W-2 contract. the client has right to hire you full time after a period, normally 3 -6 months.

    Contract to Hire - Independent: YOu are starting off on 1099, but company has right to offer you full time on W-2 basis after a period.


    If you are on H1, your relation with your employer is always W-2. So only corp-corp is applicable.

    If you use EAD, its debatabe whether you can be on 1099.
    Being on W-2 contract, you should still ensure your job conforms to AC-21





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  • thomachan72
    05-12 09:53 AM
    Dear All,

    Could you please advise, if we can port eb3 to eb2.

    My husband is working for the same employer for last 6 years. He has masters degree from US and he filed for his GC in 2004. In 2004, he had only 1 year experience. The lawyer said he does not qualify for Eb2 despite his US degree.

    Now after 6 years, he had a job change within his company. He became a principal engineer from just an engineer. Could we port to EB2?

    If yes, what should we be careful about and how should we go about it?

    Sincerely,
    Augustus

    In principle the main criteria would be whether the job requires a person with a masters or higher degree. If the company can prove that the job description and requirements match that for a person with masters then he would qualify. Again this is based on my awareness from reading various posts on the IV and similar websites. The attorney would be the best to decide. I know many of our friends in the IV have masters but the main problem they are facing is that the job description does not specify a masters. So the employer hesitates to reaply in EB2 catagory. If your husband fits in then I believe all he has to do is to file another 140 and port the PD of the EB3 application.
    How frustating this can be, right? :(



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  • makemygc
    08-03 10:36 PM
    http://www.uscis.gov/files/pressrelease/ReceiptingTimes080307.pdf

    Per this press note, Nebraska has issued receipts for I-485 upto July 11 and Texas 26th June....

    Just curious..how do you get this press release...its not yet up on their site.





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  • newbie2020
    05-30 07:43 AM
    I replied on another Duplicate thread by the author;

    Admins can someone remove the duplicate thread



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  • humsuplou
    11-30 02:48 AM
    Hi,
    I am trying to apply for an emergency advanced parole to visit my critically illed granma back home.
    I have a pending I-131 application with the receipt date of Aug 14th. I understand that I can goto my local USCIS office to apply for emergency AP, is that right?
    What document do I need? I have a hospital letter with their letter head. What else do I need? And is there anything specific things that need to be included in the letter?
    Also, is there anyone who has suuceed, or failed to get one with medical emergency of family memeber?
    Any advice/feedback/sharing will be very much appreciated. I have an appointment with the local USCIS on Tuesday.





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  • himu73
    08-14 12:47 PM
    I support the theory part of your concept, but I dont think USCIS has the capability to implement it. I would rather say that , The earlier stages Labor and 140 might be more appropriate to apply your theory, wherein direct employees with bigger organizations will have faster approvals, which indirectly would makes their adjustment of status faster.

    Also, as mentioned in the earlier post, being proactive with your case and having a good lawyer also affect the speed at which case is processed.

    This is just my theory. When you don't have much information, you get to think of many theories and here is mine. I believe USCIS is approving direct employees of an organization. For example, they may be giving preference to Microsoft employee, rather than an employee of Patel and Patel INC. I know I may be wrong, but I am just pondering. How can someone explain a person with PD 05/03/2006 with RD 08/01/2007 has much preference over a person with PD 05/03/2006 with RD 07/20/2007? Am I missing something here? :confused::confused:

    People may post their answers, proving that I am wrong.



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  • kalinga_sena
    09-01 05:43 PM
    Here you go:

    U.S. Customs and Border Protection - Contacts (http://www.cbp.gov/xp/cgov/toolbox/contacts/cmcs/)





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  • beemboy
    11-16 06:12 PM
    That is exactly what the senate has been doing. And the House too.



    Nice one riva2005. :D :D



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  • maheshf
    07-31 12:10 PM
    FYI: Last year, my wife (Dependent) got her EAD before mine was approved. Like i said, if u start looking for trends (and something that makes sense) the way USCIS works, u will most likely be disappointed.

    They just work randomly---there are so many June/July EAD filers who got their EADs approved in 3-4 weeks time frame, and then there are May filers (like me) who've just started seeing some approvals and some are still waiting with applications pending over 90 days.


    You are right...It's random..just received �Card Production� notification for my wife as well..





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  • pa_arora
    07-10 04:34 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
    dude its around 4 yrs.. ;-)





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  • rajeshbillabong
    09-24 11:55 AM
    All they said was that you do not have enough ties in India and you will work there.
    It sounds very lame to me.





    rharan
    05-02 02:29 PM
    Hello All,

    My RIR (EB3) is still pending and the PD is Nov 2004.

    My Perm (EB3) got approved April 2007.

    Now I'm on 7th year H1b based on my RIR date.

    If i file 140 based PERM and PD will be april 2007, If approved I'm eligible for 3 years H1 extension.

    What happen if my RIR got approved? Can I file another I140 and retain my PD as Nov 2004?

    Pl. advice.

    Thanks





    coolpal
    03-27 12:33 PM
    Hi,

    I have posted a couple of times regarding my earlier situation in other threads, but I decided to create a new thread since I haven't seen a similar case before. Here's my situation:

    I was working for company A (consulting firm) on h1B since Oct 2005 and also have an approved Labor and 140 from A. I have applied for 485 in Jul 2007, and have valid EADs and APs (and extensions), but I wanted to maintain h1b status, since I have only used 3 years so far and I am the primary applicant, and my wife gave up her approved labor and h1b to work on EAD she got as a secondary applicant to my 485... so I really wanted to stay on H1B for that "Just in case" situation... I know I am paranoid ;)
    So I applied for h1 extension in June 2008 with company A, but it was pending forever... contacted USCIS once in Nov 2008, but nothing happened... I got suspicious of the company's record since I was told that comp-A was under review by USCIS for excessive h1 usage, so I decided to transfer my h1b to Company B in Dec 2008 and invoked AC21 (sent the letter)... my original h1b has expired by then and so did my I-94, but since my h1 extension was still pending, I was told it would be ok.

    In jan, USCIS sent an RFE for my transfer case requesting for various things like all my W2s since I started my h1b, EVLs from my client and Vendor, contracts between Client, Vendor and my Employer (B) etc., we also included my Paystubs for the last 6+ months and also for all of 2006 etc., and responded to the RFE in Feb, and it was again pending till mid March, when USCIS sent a similar RFE for my original extension case to company A. I no longer work with them, so I expect them to revoke my h1 petition.. so just to be safe, I applied for premium processing for my h1 transfer on Mar 13th and I got a second RFE on 3/19, which we got this week. This time USCIS sent something like this...

    What is the status of your original h1 extension? (I thought they would know ;)), and since your I-94 has expired, we might have to transfer your case for Consular processing.. if we decide to do so, what is your choice for the consulate?

    My lawyer said, they'll respond to the RFE explaining the current status, and also try to explain that I was in status all the time and request for COS instead of Consular Processing, but she says we have to let them know of the consulate in case they decide to transfer it over... and recommends that I chose Chennai (since company B is registered as BEP at Chennai).. she also said, since I have a valid EAD, I can choose to work on EAD if they decide to transfer my case to CP... and when I am ready to travel, I can go to Chennai to get my visa stamped and come back in H1b.
    Is it true that I could do something like that? I thought once I use EAD, there's no going back. Someone please shed some light on this.

    I have come to US for Masters and have worked on CPT and OPT for about 1.5 years before I got onto H1B. I was always paid well more than the LCA wage, and am currently being paid more than my approved labor wage. I have no problem in proving my legal status here, but as you can understand, I am worried and paranoid to go for stamping in these difficult times.. I am afraid they might come up with some reason to deny my entry/visa like 'there are so many citizens without job' etc.,

    Any productive feedback is highly appreciated...

    pal :)



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