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rkdownload09-10 11:18 PMOne of my friend left US for India in March 2006 with pending H1b extension. Applied for Visa stamping for existing petition which was due to expire in July 2008. Could not get his visa stamped due to 221g. Now his H1b extension is pending as USCIS is asking too much in RFE like client certificate etc and his sponser is not willing to persue further due to complexities (His employer is one of the following companies mentioned in http://durbin.senate.gov/showRelease.cfm?releaseId=295338) and asked him to assume this relationship to be terminated. Though he recieved the email yesterday his 221g is cleared.

Infact his I140 is also approved last week. I was wondering what options he has if he wants to come back to US.

Thanks
raj



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ztopia03-31 02:32 PM123 & others,

If u guys transferred over ur H-1, did u wait until u got the actual USCIS receipt (for the H1 transfer) before u started working at the new company?



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laksmi11-11 08:22 PMWhen the dates are current then only you can add your wife name to your pending 485, until then you have to wait based upon your priority dates EB1 or EB2, during this time you should maintain your H1B status inorder to keep you wife H4 status valid.

presently EB2 ---- 01 JUN 03 and EB3 ----->01 OCT 01



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gc_lover06-22 10:04 AMCan scanned copy be submitted to USCIS for affidavit of birth or we have to submit the affidavit in original?

Thanks

You mean photocopy right? If you have scanned copy then print it and send it to USCIS. I don't think they require it in original.



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CHHAYA04-27 10:08 AMPlease respone, we all are in same boat at some point.

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sundarpn08-06 05:28 PMIf one changes to a new employer after 180 days,

How much support (documentation etc) does he/she need from the ex-employer or the ex-employers attorney?

After 180 days, so I assume I'll have the receipt notice and hopefully EAD and AP (also have I-140 copy).



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rajeshiv03-01 01:33 PMI was moved from state (A) to another state (B) along with Client 'Y' four years back...and my Employer didn't filed for H1 amendment at that time, but my payroll was running from State B with same salary. I was not aware of this rule to file an amendment for change in job location and I dont know even employer is aware of that or not.

After three years I got EAD and I Employed by Company X in state B.

My question is....what are my options and problems for not being filed H1 Amendment four years back.?

Please advice.

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fromnaija10-18 11:03 AMHi,

I anticipate an inevitable situation arising out regarding my parents' health, that would require us to move back to India sometime in 2007. My EB2 NIW PD is Dec 2004. Does somebody out there with knowledge about issues and procedures connected with transferring from AOS application to Consular processing in India?
Thanks.

-gg_ny

You can change from AOS to Consular Processing. It's the other way around that's not possible. I wish your parents a speed recovery of their health.



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ssdtm12-12 08:43 PMDid you ever used EAD? Just getting an EAD does not mean you were on EAD.
Also AP does not invilidate your H1. If you are working with the H1 sponsoring employer and never used EAD, then you need not worry.

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sdckkbc02-04 10:07 AMLONGGCQUE,

This question just means if anyone helped you in filing the DS-160 form.

But question I was looking for was "Has anyone filed I140 immigrant petition on your behalf?" which pretty much means has anyone started your GC process.



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kode10-13 11:05 AMok.. do you mean editing an imported object in flash as if you were workin' in swift? if so.. you can't

as I said.. you can relatively edit the swf in flash.. let's say that flash doesn't know that the object it's in 3D.. for flash that's just another shape makin' your movie bigger.

importing your movie in swft format you'll have a little more control over it.. because the swift 3D flash importer separates highlights, shadows, objects, etc. to its own layer.

just in case you don't know how to import any file go to: File � Import

hope that helps :)

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CHHAYA04-26 01:01 PMI am working on EAD and want to work 20 hrs. What is the risk involved in I-485 processing? Thanks in advance for any light.



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dohko04-27 08:56 AMGreen Card approved on April 23.
How long does it take to get actual card?

Good luck to all!

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sunny100007-04 06:07 AMHello,
I wonder if there is anybody who could help me with my questions about the diversity visa in US.

I was among the randomly selected people for DV 2009. Currently I am in US with F-1 visa. I learned that I am eligible for Adjustment of Status. Do you think it is reasonable to process my files in US or should I go back to my country?

What kind of documents should I fill in? Also I need to pay the filing fees (for I-485 $930 for example). Are there any other costs? I also read that there is a medical examination report, how much could it cost to me?

So after reviewing everything what will be the best decision for me? I asked an attorney but he didn't have enough of experience to help me, and I can not afford one more attorney.

I will be thankful if somebody could enlighten me on these.

Thank you very much.


Hi,

Please check out this forum below as most of the members here are employment based applicants.

Lottery Visas - DV - ImmigrationPortal Forums (http://forums.immigration.com/forumdisplay.php?f=38)

Good luck.



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minimalist05-23 09:21 PMMy wife was on H4. Her VISA and I94 are expired. I'm still on H1 (valid). Our 485 applications are pending. We have valid EAD cards but not using them. Can I apply for my wife's SSN using the EAD Card + I485 Receipt? Or does she need to have valid I-94 along with the EAD to apply for SSN? Does she need SSN to work on EAD?
You should be able to apply for SSN with EAD. Please read the SSN filing instructions and come back if you have any specific questions.

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diptam07-01 03:59 PM'Department of Homeland Security'

But if you have put USCIS - dont pull your hairs. You are still okay.

This should be "Department of Homeland Security" per Attorney.



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gcformeornot08-06 03:14 PMits common belief that you need to work for 6 months.

There is no immediate problem if you don't but looks bad on citizenship time.
IO looks suspiciously at N-400 stage

Things you mentioned are not in you control so it would be OK. But if you leave on your own then may be a problem....



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LondonTown05-21 01:04 PMHello All,

My first I-140 (EB3) got denied and is pending in appeals office for more than 1-1/2 years. Since 140 was denied my 485 was also denied.

Later we filed new labor (in 2009) and 140 (EB-2) and got approval after 8 months.

My questions are:

1. Can I file 'motion to reopen' for 485s based on new 140 approval and use the previous priority date (which is 2004)?

2. If not, can I file motion to reopen 485 based on old 140 (which is pending in appeals office) and later if they are open, can we link these 485s with new 140?

Please advise.



BharatPremi07-23 11:32 PMIf they reject the application if a signature or something is missing. Can we refile again? Or do we wait for PD to become current again.

In my oinion,

1) you can file again before August 17th if you got a rejection notification well before that.
2) If you may not be able to send proper application till August 17th then yes you will have to wait till PD becomes current again



buehler12-10 07:20 AMIf you have been in the US for more than 1 year, you are a resident of the US and not any particular state in India. You are free to go to any Consulate in India. Even though I was previously a resident of AP, I have been able to get successful stamping in New Delhi.


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unluckydude06-01 10:00 AMMy online 485 status shows "card/document production" for a long time now and I did not get the card yet. I had contacted USCIS several times thru lawyer and never got any reply. My lawyer said that could have been a mistake.

I finally called hte USCIS directly and got the reply from the Phone rep that my 485 is approved and will open a ticket to find out why my card has not arrived. After a week or so I got a letter from USCIS quoting my earlier call and said my PD is Jan'04 and currently the availablity is only for Apr '02 and I have to wait till the PD is current for case.

There was never an explanation about why my online status shows the card/document in production.

In this case, what are my options ? Please help.

Can't explain the kind of emotional and psychological trauma we go thru ever since we saw online status and subsequent messages from USCIS.


-Unlucky Dude



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desibechara07-20 07:36 PMI am keeping fingers crossed.

The Cover letter shows the confirmation with employer name and SOC code and Dallas BEC # . It says that ETA750 is enclosed which of course is mailed to lawyer.

So you mean to say that I can file another I140 just with additional information when I receive the package or wait for RFE and then send the originals.

DB



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jbs10-03 11:26 AMMy spouse and I are currently on H1-B and we applied for EAD and I-485 with my spouse as the primary applicant through his company.
Do I have to wait for 180 days before I change employers and start using the EAD (since I am the secondary applicant)? Or can I use my EAD as soon as I get it?

Thank you!

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eyezberg08-21 07:12 AMwhere's the examples then? i'd love to see some good stuff
joe



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raj200702-17 11:40 PMYes I declared my arrest in I485 and have got my EAD and AP aproved.
Did anyone in this situation travel on AP?

I think you should be OK.. try to consult the lawyer.

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kirupa02-17 02:57 AMHey psychman,
You need to assign your rotatetransform to your object's transformgroup. It's a bit convulted and I wish it were easier, but here is how you can accomplish this for an element called blueSquare:


private int currentAngle = 0;
private void RotateSquare(object sender, RoutedEventArgs e)
{
RotateTransform rotateTransform = new RotateTransform();
currentAngle += 45;

rotateTransform.Angle = currentAngle;

TransformGroup transformGroup = new TransformGroup();
transformGroup.Children.Add(rotateTransform);

blueSquare.RenderTransform = transformGroup;
}


:)



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sparky_jones06-02 05:09 PMThe attorney says he's regularly used the "Yes" response in such situations, and has successfully argued that the requirements are normal in past audits. Of course, he wouldn't comment on how much this contributes in triggering an audit. My goal is to avoid targeted audit altogether. His (and the company's) goal is to see the PERM through successfully, even in the face of an audit. Obviously, a slight difference in goals.

The requirements in fact are normal for this company, and in the field in general. I have no doubt that this can be successfully argued. The problem is with the face-value of the BS+7 requirement against the objective O*Net criteria, and the fact that the only way to make an argument is through a business necessity audit.

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reddymjm04-08 11:46 AMAs I said before the CAP will not reach for a month or two.



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rajpatelemail03-02 12:29 PMWhat else we have to see: All tamils , all kannadas, all delhites, all north indians, all beharis, all gujarathis, all punjabis are bastards and cause for every silly/big thing in our lives...

Grow up guys and please do not respond to these threads to increase the fight.

I do not know why IV admins are still keeping those threads...
It is just 1 second work to delete/disable that thread, which will straighten out all the hatemongers to put more flame

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hebron07-27 07:00 AMHi,
I have a question regarding changing L1 to H1-B visa. If someone comes to US on an L1 visa can he/she change to H1-B visa without going back to India and getting the new H1-B visa stamped? What is the process to remain in the US and changing the status from L1 to H1? Will

Again, I assume that in order to change from L1 to H1-B the H1-B cap rule applies.



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misha06-17 08:50 PMAny ideas???

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voldemar04-18 10:34 PMPoll is asking only about filing. What about people who already filed 485 and then retrogressed?



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Templarian10-31 11:34 AMNice.


That's amazing. I never met anyone who could bite through the skin of a pineapple.... really? :trout:

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fromnaija10-18 11:03 AMHi,

I anticipate an inevitable situation arising out regarding my parents' health, that would require us to move back to India sometime in 2007. My EB2 NIW PD is Dec 2004. Does somebody out there with knowledge about issues and procedures connected with transferring from AOS application to Consular processing in India?
Thanks.

-gg_ny

You can change from AOS to Consular Processing. It's the other way around that's not possible. I wish your parents a speed recovery of their health.



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flash.stoffer08-07 11:33 AMThanks.. icleric ;)

Rigth now, I'm creating a new stamp :thumb:

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snathan05-19 04:41 PMHi,

My friend got his H1 last year for 2007-2008 and came to US in DEC 2007, he works for IT company. However, since he has arrived he has not been placed on a project and so no pay stub has been generated. He has been on bench for 6 months.(technically without a job but has H1)
Is he out of status?
Can he show that he is on vacation till he gets a project?
Is there any other way?

Pls help.

Thanks!

Yes. He is out of status and I dont believe you can show six months as vocation. You need give the reason and proof for the long period of vocation. His employer must pay him the salary even if he is not in porject. Otherwise its illegal



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tradahoo09-04 08:10 PMHi,

Anyone knows about filing for PERM on the 6th year of H1B? Will it still eligible for H1B extension?



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looneytunezez06-05 07:02 PMOvertime is paid only if you are a non-exempt employee - usually means you get paid hourly. If you are an exempt employee, then you are not eligible for overtime. Not sure if this is different in different states, but that is how it works in Ohio.

Same is true here in CA (Only non-exempt employees get overtime).
Again, check with your state agency regards to overtime pay..... or consult a employment attorney...



amitga01-25 09:37 AMEven GC cannot work on security Clearance projects. Only Citizens allowed.



deardar06-17 06:41 PMThe Doctor's office will usually have it or else download it from the internet.
You can fill it at the doctors office. Bring ur Passport to his office.


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morchu04-22 02:02 PMNO. It is not OK.

PERM prewailing wage determination EB2

Position 15-1034

My university is applying for a new perm application for eb2. I work for a university

Myemployer sent a wage request to OES . They replied by saying that the prevwailing wage is not available for your zone so they basically gave me a level 1 wage when it should be the leavel 3 wage for eb2...The person said that should not be a problem

Is thisgoing to be ok ?



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HalfDog06-23 06:56 PMidark, not to criticize, especially since I haven't submitted anything yet, but can't you do something better than a continuous gradation on the background? The animal/guy just deserves better. (that's a complement :D)

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Bilal Ahmed06-19 03:55 AMcongrats dev..

what was your recepit date by the way ?



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gc2826207-07 12:05 PMMy EAD expires on 07/28/2010. My EAD renewal is currently pending (applied online on 5/18/2010 at NSC). My AP expires on 08/24/2010. I am planning to apply for AP renewal once I finish my move to new address.

So, I really don't know which date to put. BTW, USCIS online application didn't mark that field as required.

Put the latest date ( AP ) . May be you can indicate that you are on AOS.



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mrana01-18 12:11 PMGurus,

My case is - PD Nov 2007 , I-140 approved June 2008. I -485 is not applied. Can I change Job on this basis and still maintain my Priority date ?

BTW : Current company lawyer does not give copy of receipt of I-140 ( says its company property) though I know the LIN #.


Please guide


Thanks

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virtual5504-07 09:04 AMNumbersUSA obtained a summary of the "compromise" negotiated among Republicans Tuesday night. The language is theirs, not ours. We do not know how discussions between Republicans and Democrats have changed the plan, or if it is still a factor in the debate.

Hagel/Martinez Amendment

Background:

The Hagel/Martinez Substitute contains all the provisions of the Specter Amendment - including the border security, interior security and employer enforcement provisions from the Frist bill - but makes the following 3 changes:

1. It proposes an alternative to Title VI, Subtitle A of the Specter substitute (which deals with the illegal population living in the U.S.)

2. It temporarily increases the number of employment based green cards from 290,000 (as in the Specter Substitute) to 450,000. This increase from 290,000 to 450,000 would sunset after ten years.

3. It would give mid-term illegal immigrants (defined below) priority in applying for green cards over future immigrants entering as temporary workers.

The Hagel/Martinez Amendment is based on legislation (S.1919) introduced by Senator Hagel in October 2005.



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sodh07-27 12:21 AMFolks, let us concentrate on sending the output of all the good analysis done by various members to this person who it appears has a job to identify and recommend systemic fixes. It would be far more useful than sharing woes amongst ourselves in these b-boards.
If he could fix everything we would'nt be in trouble.

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gcadream05-02 03:45 PMHi,

I have an H1 extn filed in Sep 2010 and got approved till 2013. This extn was filed from SC and the LCA also has work address pointing to SC address.
For the new project I now moved to FL and I want to go to india and get the visa stamping done on my approved H1. I just came to know from my layer that I have an OLD LCA and in order to get the new LCA I need to apply for fresh H1 application ?

If I travel to india for visa stamping with old LCA I can be put on hold.
Please let me know if filling for new H1 is the only option left for me. I had my air tkts already booked for a family of 4 for this month end.

Waiting to hear back on this ASAP please !!!



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Green.Tech03-20 02:54 PMmy 140 approved and 485 pending over 180 days. now plan to switch job from a big IT company to university (not study, but work in one of dept at Univ), title and job duty will be similar as before, but salary will be lower due to job industry and location changed. does this impact my 485 final approval? thanks

If our answers were helpful, can you please update your profile.

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Becks03-29 05:30 PMThey would have verified PIMS while giving your wife the H4. But they will again verify with PIMS as one of the steps to issue the H1 visa. I dont think they will bypass it.



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mita07-19 11:13 AMMy husband was approved in August 2008 and I am still waiting after infopass, etc, etc...

I just want to start a thread for folks whose primary applicant is approved but derivative is pending. My case was approved on July 8th, but my wife's case is still pending. Here is the complete list of steps that we have taken.

1) Created an SR on 07/09/2010 (No response yet)
2) InfoPass appointment on (07/16/2010); Reveals that case is pre-adjudicated.
3) Submitted form DHS-7001 (07/19/2010)

Please share your comments, thoughts and experiences on how you dealt with this situation.

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tdasara03-19 08:34 PMInstead of pay increase, I decided to buy stock in the company I work for (small startup firm) and I work using my EAD, AC21

My compensation and with some profit sharing makes me a 6-7% owner of the firm on paper.

Now, if the company gets hit by a lawsuit and dragged to court, will I be affected?

(My role is strictly IT related and also assist in Data Analytics).

My immigration lawyer is yet to respond.



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neel_gump07-07 11:14 AMForm AR-11 asks for the date my stay in the United States will expire. What date should I use? Currently, I am on working on EAD (I-485 pending) and last entered US on AP.

Note: Sorry for a duplicate thread. I posted my previous one in I-140 section. :confused:



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raysaikat04-27 09:08 PMHi All,
I have filed an extension for my parents B2 Visa. I have got extension approval but only got I-94 for father and did not find I-94 for mother. I did attach Supplement-I with my mother's details.

I just happen to look at my application, I-539. I found that I checked the following:
Members of my family are filing this application with me.
The total number of people (including me) in the application is: 1

Is it customary that I only receive I-94 for the principal applicant (in my case) and don't have to worry about?

If not, please share your thoughts. Do I need to file seperate application for my mother at this point?



Thank you all,

Sri

Each person needs to have his/her own I-94. It is an 1-1 mapping between I-94 and passport.



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dealsnet05-10 12:36 PMYou need to go out for 365 days to reset your H1B clock.
You can stay here on F1/H4.



godblessamerica_200902-16 02:08 PMI am filing my 485, EAD and AP in EB2 ROW this week, and my labor priority date is Jan 26, 2008.

How the 485 approval process works. ??

How long it takes to get it approved ?



poise200007-30 01:42 PMthanks, tabeltpc.

I think even the local govenment is under the H1b quota. Therefore, I had to apply for the H1B in the next year.
The DOL online prevailing wage only shows that the salary for that position is for the county. The offer of the town govenment is $5000 lower than the prevailing wage of the county. And they can not increase the salary because the town is not near the rich area in the county. They told me the salary they offer is the highest for this position.


Thanks



Get the DOL report before u take up the job. DOL will give the estimation for salary....!!!Use it and ask u r company attorney to file for the H1b now its self mentioning the start date as future date (when u r opt expires). Since u work for local government ...governments jobs don't come under H1b quota...so u can apply NOW.
if the DOL report comes out favorable...start the job and can look out for a better opportunity. Trust me u will find one when u have a back up job.
Good luck


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