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Friday, June 10, 2011

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  • GCneeded
    11-07 12:18 PM
    Hi,

    My parents got 10 year multiple entry US visa 2 years back. My brother who was residing here had sent the required documents and applied the visitor visa. My parents had visited me then for 3 months. Now I am planning to get my parents to US. But my brother no longer lives in USA. Is my parent�s visitor visa still valid since my brother is not residing here or should I re apply for my parents visitors visa. Any help or suggestions are appreciated. Thanks in advance.





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  • maddipati1
    07-30 08:02 PM
    EAD is based on pending I-485 and for filing 485, you just need 140 received. So you are OK. My uunderstanding is you can also use AC21 portability after 180 days to change employers as long as your employer doesn't revoke your I-140. So there is that risk with I-140 not approved.

    P.S my I-140 app is pending with TSC from May 2006. Almost 425 days plus and still no update/no RFE. Even upgraded it to PP on Jun 18th 2007 but still nothing.

    sush, my 140 was filed in 04/2007, i upgraded it PP on exact date 18thJun'07 and my 140 was approved on 26thJun'07. They have to approve 140 PP in 15 calendar ( not business ) days.

    but, the PP approval status won't be updated in their website ( case status online ). It still shows mine as 'PP requested'. But my employer got courtesy copy of 140 approval notice in just a few days and a week later my attorney got the original 140 approval.

    so talk to your employer and attorney. im sure they must have received it.

    good luck


    S





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  • ajava
    11-29 07:58 PM
    Hey guys,

    My MTR was approved almost 3 months ago and my attorney received the MTR approval notice.

    The decision was that both mine and my wife's I-485's are reopened.

    But its been almost 3 months and online status on USCIS website has not changed yet......

    Does anyone noticed the same situtation with their MTR approval and no online status change?

    - Prince

    Hi Prince,
    Would you please tell me if your status is updated yet? If yes, How long did it take from MTR approval to updated status?
    I have an approved MTR but it says that they are going to review my I-140. I have no idea how long will it take. Is there any possibility that the deny I-140 after Approval of MTR(I290B)?
    Thanks,





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  • amoldc
    10-30 02:08 PM
    Hi My Application alongwith my wife and daughter reached NSC on July 2 and signed by J. Barett. Till date (Oct 30 - 2007) I have not received any information. Its over 4 months and whenever I call USCIS they are asking me to wait. I think my application is lost.
    My lawyer had sent 25 applications in one packet 22 of them got receipts except the three for me, my wife and daughter.
    Will I be able to refile? Lawyer has Fedex Receipt....



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  • gcgreen
    07-22 02:31 AM
    Quoting the AC21 memo:
    "Adjudicators SHOULD NOT PRESUME ABSENCE OF SUCH INTENT and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate."

    So, per the memorandum, you MAY be in trouble ONLY if the adjudicating officer decides something is fishy. And the officer is to treat the I-140 and supporting docs (based on which your I-140 was already approved) as prima facie evidence of intent. So why are you worried? Has your I-140 been withdrawn by old employer?


    there is a memorandum issued by USCIS on
    12/27/2005. It clearly indicated that I can't be denied due to leaving
    previous employer prior to 180 days.

    http://www.immigration.com/newsletter1/amendac21.pdf

    Question 10. Should service centers or district offices deny
    portability cases on the sole basis that the alien has left his or her
    employment with the I-140 petitioner prior to the I-485 application
    pending for 180 days?
    Answer: No. The basis for adjustment is not actual (current)
    employment but prospective employment. Since there is no requirement
    that the alien have ever been employed by the petitioner while the
    I-140 and/or I-485 was pending, the fact that an alien left the I-140
    petitioner before the I- 485 has been pending 180 days will not
    necessarily render the alien ineligible to port. However, in all cases
    an offer of employment must have been bona fide. This means that, as
    of the time the I-140 was filed and at the time of filing the I-485 if
    not filed concurrently, the I-140 petitioner must have had the intent
    to employ the beneficiary, and the alien must have intended to
    undertake the employment, upon adjustment. Adjudicators should not
    presume absence of such intent and may take the I-140 and supporting
    documents themselves as prima facie evidence of such intent, but in
    appropriate cases additional evidence or investigation may be
    appropriate.

    I guess that the key is to prove that it is a bona fide offer. I have worked for them for 4.5 years. So even if they won't cooperate, I can argue that it is real.

    I won't want to restart the GC process again. We are talking about a big amount of money for the whole process.





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  • bpratap
    02-04 11:39 AM
    Thank you for the info



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  • setpit_gc
    06-07 06:22 PM
    I got 1st LUD on 05/31/2009 with message change.

    Soft LUDs so far: 06/02/2009, 06/03/2009, 06/05/2009, 06/07/2009





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  • rajenk
    01-17 01:40 PM
    Yes Interfiling is just for that, no matter how the labor cert was used, when that EB3 I140 was approved it was all valid. Now you are only porting the PD from that approved EB3 I140.

    If you are to file I485, have your attorney write up a letter explaining how you are eligible for filing I-485 based on interfiling your EB2 I-140. Also the letter need to be in bright colored sheet to differentiate from other B/W docs and application.

    Now a days USCIS automatically approves I-485 based on the earlier PD. Since in your case you don't have a I-485 you are not being benefited by it. I have read in IV that people getting GC based on their previous EB3 I-140 PD(with PD being current), if they happen to have another EB2 I-140.

    Good luck
    Raj:)



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  • Simran21
    10-01 05:35 AM
    While taking a VISA appointment , there is a question which says "Are you applying for same visa class that expired in the last 12 months?"

    Here are my doubts

    1. I had a H1 B VISA which expired in May 2007 processed by my previous employer. As I am applying for the same VISA class , but though a differnt employer, should the answer be 'YES'?

    2. Since my daughter will be appearing for the H4 VISA interview for the FIRST TIME, Is she also eligible to come along with me if I choose "YES" to the question "Are you applying for same visa class that expired in the last 12 months?".

    Thanks in advance.





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  • sai
    03-25 11:43 AM
    How can a attorney help in getting H1 stamped at a Canadian US consulate ?



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  • cheg
    09-26 11:23 PM
    EB-3 ROW = EB-3 Rest of World then there's EB-3 Mainland China, EB-3 Mexico, EB-3 India and EB-3 Philippines. Please correct me if I'm wrong. :D

    It may be a silly question, can some one tell me what is the difference between EB3-ROW and EB-3?





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  • OLDMONK
    09-16 03:48 AM
    To begin with, H4's or F1's, J1's, student or whoever from outside USA, all had equal opportunity. No one took anything from anyone here, they just like anyone else looked for jobs, posted resumes, got interviewed, qualified the interview and were offered a position/sponsor.

    There will also be lot of those who are not H4's and have a H1B visa approved, are outside the US and would never make it here on their coveted H1B visas. I can guarantee you that.

    And its not a matter of being chicken as you mention, its a matter of convenience. EAD allows you to work much more freely, and I am sure you know that.

    Who knew that 485/EAD filing would become possible with retrogression we had in April.

    And I would rather not comment on your "coveted/qualified professionals statement", as you seem to be assuming that people on H4 visas are not qualified professionals. (most spouses who are here for 6 or more years were professionals to begin with and a good percent of those went to school for Masters/Advanced studies or MBA and would qualify under SKIL category for Green Card's today, assuming SKIL Bill was to happen anytime)

    Remember H1B filing expense is at 3-5k levels and in today's times automatically filters out non qualified candidates, any company would be insane to sponsor a candidate without proper screening, I agree there would be a miniscule %age of people who may have abused the system, please don't generalise.

    ....and I assure you that 65k (well actually 58k) numbers would always fall short.



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  • chanduv23
    12-18 10:01 AM
    Prashanthi Reddy will be on IV chat tonight at 9.30 PM EST





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  • fcres
    06-27 12:02 PM
    Well there is a thread here talking about the pros and cons of multiple 485 filing so that means it can be done. As far as i have read its not illegal but it might delay the process. Different lawyers have diff opinion. Both our lawyers agreed for multiple filing and so to be on the safe side(one has an early PD and the other's job is more stable) we are filing 2 485s, but only one EAD and AP.



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  • gcpain
    07-24 02:44 PM
    I did not realize this before and even my attorney did not tell me anything about this. what is the requiremnet for passport to apply I485? same time my application was mailed today afternoon in registered post. If there is slight chance of rejecting I want to call back my application and applying with new passport. what you guys think about this?





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  • Green.Tech
    08-20 10:08 AM
    No. I changed to a different company with same position.

    It is more than likely a computer glitch but it's always worth it to check with the USCIS. A few years ago the status on one my approved old H-1B cases changed from Approved to Initial Review. It shows the same (Initial Review) status till date. It did not affect my current and/or future H-1B approvals.



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  • indianabacklog
    08-06 08:22 AM
    oh sorry it was approved on october 2003 not 2002.
    In which case you had until October 2004 to apply for permanent residency. i.e. one year from approval of the I140.





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  • bala50
    02-18 10:32 AM
    And it may well depend upon the demand for H1b visas this year. If there is a huge demand for H1b visas like last year, there is a good chance congress may recapture lost H1b visas. Then EB visas may also be recaptured along with H1b visas.

    But I'm not sure about the demand for H1B this year , as H4 to H1 conversion will be down this year due to (most of) H4 visa holders getting EAD. Another issue is if OPT is increased to 24 months, then F1 to H1 will also fall drastically.
    Fear of recession may also reduce new H1B visa demand.





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  • WillIWin?
    02-18 10:16 AM
    Hello everyone,

    I know this topic is taboo and probably raised eleswhere, but I couldn't help wonder one thing.

    The BECs have shut down and no more LCs are pending. Also labour substitution is not allowed anymore. So does that not mean that from this point onwards we should NEVER see the priority dates retrogress any further? I mean isint that logical or am I missing something major? Until now, the pending LCs in the BECs were hanging like a sword over our heads, but now that problem is gone (i know a lot of people have suffered over the years for the same and I respect that).

    I guess my question is: Is there ANY possible reason for the PDs for any country to further retrogress?

    Your reasoning is nearly correct. But you are missing Two points:
    1. There will be some cases from BECs which could not file AOSs in time since their labors did not clear for them in the july/aug timeframe. Only when these have cleared will the chances of further retrogression decrease.
    2. ALSO - Just as an example, If there are 100000 Eb2s with PDs of 2005. We know that there are NOT 10000 visa #s available for EB2s, in that case too, the dates will retrogress - since thats the only way they can prevent visa #s being used.

    Am I making much sense ?





    rajev_kk
    06-20 06:12 PM
    Thanks.

    Can I go-ahead and file now and include my Wife later into the I-485, in about 4 months time.





    needhelp!
    10-24 05:41 PM
    bmp



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