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Saturday, June 11, 2011

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  • sonyyy
    06-07 04:12 PM
    It's not going anywhere. And I don't think it will go anywhere. They have never mentioned it being discussed or voted.

    Does anyone know what is going on with Sen Cantwell's amendment (1249) that was favorable to high skilled immigration?

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  • pa_arora
    12-02 07:08 PM
    I saw LUDs for both me and my wife's 485 on 11/22(Sat) and 11/24.

    This LUD was after more than a year. Hope Jan bulletin brings some movement.

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  • STAmisha
    07-25 01:41 PM


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  • iwantmygreen
    08-06 08:02 PM
    I sent you PM. Please, check the same I havent received any PM from you. Can you resend.


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  • msyedy
    02-05 02:29 PM
    Is the 45 day approved labor validity Rule already in place?

    Jonty ask a lawyer.... that is the best solution because no one here will be filling your application for I-140.

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  • amsgc
    11-26 01:34 AM

    There is no such thing as a transfer - every petition is a new petition.
    In your case, you can be exempt from being counted in the yearly cap if your I-140 has been approved. While filing the petition, your new company will have to attach a copy of the approved I-140, or prove that your I-140 has been approved.

    Hello Friends,

    I filed for AOS on 07/2007, stopped using my current H1-B on 07/2008 (valid thru 07/2009). I am EB3-India PD 03/2005.

    My question is if I can apply for a new H1-B thru a new company in the US now, instead of a transfer? I have a valid reason for doing that. Do let me know.

    Thank you.


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  • phillyag
    07-18 03:07 PM
    1. Can we use AC21 provision without EAD card ?
    2. My H1 expires in Jan 2008. Do I need to have EAD card before that ?
    3. Can we apply for EAD later, after you have filed 485 and AP? If so do we need any reciept of 485 application?

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  • alien2006
    07-21 02:56 PM
    Isn't Murthy in the DC Area?


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  • chantu
    06-30 10:02 AM
    Folks please share your opinion/experience about "WHICH USCIS OFFICE" the last EAD application was filed to if you lived and worked in NJ. Thanks!

    Last year it went to california center because of the large no. of applications due to july visa bulletin. You should file to Texas service center because you are in NJ (please read the instructions to verify).

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  • chantu
    02-28 08:40 PM

    Today I received I140 RFE. I do not know whether it is serious issue or not? It states that my employer has to:

    Submit evidence to establish that the petitioner (i.e my employer) had the financial ability to pay the proffered wage as of "Some Date", priority date and continues to have such ability. Such evidence must include annual US federal tax returns, or audited financial statements. You may also include additional evidence, such as profit/loss statements, bank account records, personnel records. If you employ 100 workers or more, you may submit a statement from the financial officer of the organization, establishing your ability to pay the proffered wage.

    Can somebody please tell me whether it is serious issue or it happens generally? My employer said he will send all the documents next week to USCIS.


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  • hariswaminathan
    11-20 04:06 PM
    1) No.
    2) Other then an Emergency you can't expedite.
    3) If you are currently on H1, then she can enter on H4.
    4) Same answer as above. You can enter on AP, and if you continue to maintain H1 status, then she can enter on H4.

    1) You CAN use the AP that is approved while you are out. However someone needs to courier the document to you before you can enter with it. I am doing the same thing with my Law Firm. You do not need the AP in hand to leave the US.

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  • PD_Dec2002
    06-12 07:18 PM
    I actually sent evl instead of paystubs. I cant produce paystubs because I am not currently working with them

    What is "evl"?

    Anyway, it appears you just filed for your I-485 using "evl" or whatever it is that is causing you grief. Well, one "adventurous" option would be that if you just filed for I-485 and your PD is current and your old employer is not revoking the I-140, why don't you ask the new employer to apply for your LC and I-140 and then port the PD from the old employer?

    Don't withdraw your existing I-485 until your new LC and I-140 come through. If the PD is current, then withdraw the old I-485 and apply for a new I-485. If the PD is not current, then do nothing and hope you don't get a RFE on the existing I-485.



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  • leoindiano
    08-13 09:42 AM
    All those who wanna dance the K K Menon style with both palms spread out and shaking with each movement - from the movie Honeymoon Travels Pvt Ltd - raise your hand!

    The song is - Sajnaji Vaari Vaari Jaaunji Main...Tuhi to mera sarkar hai... aisa mera pyaar hai ... - I can imagine us singing this to the GREEN CARD ... :D :D

    KK menon, that song is hilarious.....

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  • diptam
    08-20 01:06 PM
    Its true that Consulting companies take a good part of your BILL-RATE but other stuffs may not be THAT bad.

    I'm working thru such a small company for last 3 years and this is my 4th client... 3 of the 4 clients were provided by them, no bench so far. They dont give me BillRate share but we work with a Negotiated Resonable salary based on the Cost of Living of the City where i work/consult for.....

    Discuss the Terms and put in email as well as Paper before Joining - Be on Top of them even if they want to change a single spelling in that Terms Paper. You got to be very tough , aggressive as well as resistive with them for any changes they want to script against you.

    I have been working for state government from past 3 years (approx) under a non-caped H1b with EB2 2006 labor cleared and i-140 pending and 485 filed in aug.
    Considering the constraints of non-cap h1b , I asked a consultant to apply for my caped h1b in april. At that time 485 was not current and according to my estimation my PD would not have become current for 2-3 years more, so I thought of moving with a caped h1b to private firm. You all know what happened in july regarding 485.

    Recently my caped H1b got approved. Since I have already filed for 485, I have decided to be with present firm for 6 months then think of changing using the new caped h1b and AC21 to private firm through consultant.

    But I have heard that when one works for consultant, its easy not to get paid for certain months during project transition or while looking for project. With the result�.its affects the H1b status. Now that my immigration status is clean, is it worth moving to consultant and risk my clean status�??? Is working for consultant a big compromise against immigration status�??? Also i need to look for a job identical to my labour. I� m basically into web and database application in sql server 2005 , with ajax. What�s the market for these skill looks like�????

    Any words of wisdom�.


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  • srikondoji
    07-27 03:26 PM
    What you said is true.
    Even though receipts are generated based on received date, I assume they will process by priority date , if not what is use of priority date after filing I-485?
    Gurus, any body know how USCIS will process 485 applications?

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  • dixie
    10-02 04:33 PM
    The LC and I-140 petition are owned by your employer, just like your H1-B petition and can therefore be withdrawn at any time (if the advertised position no longer exists).
    I spoke to an extremely good lawyer, but he is human and could be wrong. I was trying to tell the OP what I knew. Can the laws be found anywhere, by the way?


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  • willwin
    08-11 10:36 AM
    Here you go!

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  • myGC_0507
    05-17 08:30 PM
    3 years visa. It is not a startup company but not very big company. She is not into software.
    But does she got 3 years while transferring H1? Is she transfer through a startup company?


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  • never_giveup
    11-05 02:20 PM
    They might not necessarily ask you, but its always safe to have the below documents.
    In our case, they asked us once and the other time, they did not care.

    1. Copies of Passport of both the parents (page with picture and name details)
    2. A letter authorizing your in-laws to accompany your daughter.

    Get it notarized if you can. If not, send the signed copies.

    If you need a format for the letter(nothing fancy, was drafted by myself), let me know, I can dig out the one I used.

    07-10 11:08 AM
    You can't take any pay check from other entity.( same owner does't mean same company- you may need to amend the petition, if you have diffrent job site with same pay check). You can take a part time H1B and work other site with diffrent pay check. If you have EAD (I-485 filed) you can take any pay check.


    Have a query in regard to the H1B Visa status. Would it be ok to work for a different branch of the same company, when my unit is not able to provide me with the required number of hours/week. I work for a hospital as a physcial therapist, and am having trouble maintaining the full time hrs, Other units of the same hospital are desperately in need of the therapists.(But working for them would be under different tax id and also would be a seperate pay check, but the same hospital though).

    Any answers would be highly appreciated.

    Thank you.

    03-11 12:33 AM
    We should call their office and ask them to pledge support with actions.
    First thing might be contribute something towards IV.

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