Tuesday, June 28, 2011

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  • Sincerely_aj
    03-20 10:43 AM
    My Case as of March 2010:
    EB3 (India) applied with company A. PD: June 2004.
    Labor approved, I-140 approved.
    No EAD. Labor was not approved when EB3 dates became current
    First issue of H1B March 2003
    Currently have a 3 year H1B extension (beyond 6 years) due to run out in Nov 2011.

    My Questions:
    1. I am still working with Company A. Can I move to Company B, i.e. will I be able to transfer my H1B, which is now in its 8th year? If yes, will the transfer be valid till Nov 2011?
    2. If I can move to Company B, do I have to file for a new GC right away? If not, by when?
    3. Can this new GC be EB2 with the hope of porting the PD from my EB3 case from Company A? If yes, what is the criteria for such a port?
    4. Anything else I should keep in mind if I can and do decide to switch to Company B?

    All your help is greatly appreciated!! I have been sitting and just waiting for my EB3 to get current, which does not seem like a possibility now. Hoping that I can use an EB2 case.

    Thanks a lot for your time to take a look at my case.
    Regards
    Sincerely_aj




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  • dollar500
    04-28 06:57 PM
    For those IV members who are not aware of this hearing:

    There is a very important hearing scheduled on 4/30/08. Please check the status on this hearing at the following link. Let's keep our fingers crossed that this has an impact on the overall grand scheme

    http://judiciary.house.gov/oversight.aspx?ID=435

    Wednesday 04/30/2008 - 2:30 PM
    2141 Rayburn House Office Building
    Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law
    Hearing on Wasted Visas, Growing Backlogs




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  • Jimi_Hendrix
    08-07 06:43 PM
    ..if you really feel so arrogant about it, so be it. I realize there is no point talking/debating/discussing anything with you because you are rarely rational in your responses.




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  • reddytkv
    08-27 01:54 PM
    It will be great if any IV Guru can shed some light.

    I am currently on EAD working to company B after invoking AC21 for past 1 year. Thinking of starting GC processing with current company.

    So I asked my old company A to give me a copy of my approved I-140. He sent me a courtesy copy. Since i read in forums that copy of the original not courtesy is required, I sent a mail to Lawyer CC'ing my old company and I got a reply from the lawyer that he did not pay the lawyer fee. OfCourse like any desi company my old company collected lawyer fee from me. I am sure he will not pay it and already he stuck me in EB3 after promising EB2. SO I am pondering on my options.

    Does any one know if I can use the courtesy copy of I-140 to proceed with my new GC process?

    I read from one other forum I can use FOIA(Freedom of Information Act) and get a copy of I-140, but it will take minimum of 8 months.



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  • supers789
    05-30 09:39 PM
    I have couple of questions.

    1. Did the house already pass its version of CIR bill?

    I believe there will be a conference committee consisting of few house and senate members and they will come up with a bill version acceptable to both house and senate. then the bill will be voted.

    So what is the time frame we are looking at to get the final bill out.. Any idea?

    Even thought I am a frequent visitor of IV.org, and stuck in backlog for years.. I do not know exactly how it works.. I will really appreciate any educated guesses.

    Thanks.




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  • gchopes
    04-13 12:52 PM
    Thanks roseball. For the ITIN, I am sending copies of my wife's US Visa and Learner's Permit as supporting documents. Have I got that right?



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  • kushalkh
    12-04 08:04 PM
    Hello,

    I am currently working on OPT. My company has just applied for my H1B visa. Assuming it gets approved in 2-3 months time (i.e. in March), when can i have it stamped? Can i go back to my home country to get it stamped in April or will i have to wait till 1st Oct 2011 to get it stamped?




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  • sk8er
    03-29 12:30 PM
    I left the US for good after spending around 5 years on H1-B sometime last year and have only made entries on tourist visa. Can I apply for a new 6 year H1-B quota since leaving the H1-B status last year or will I have to spend 1 year outside since the last tourist visa entry ?



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  • H1B_CIVIL_ENGINEER
    12-05 03:35 PM
    1.Did anybody have recently got H1B stamping done in Hyderabad consultate.
    Yes, I got it done in October.
    2. Any issues with getting appointment dates.
    No. The only issue I had was that they don't let you book well in advance, which makes it difficult to plan travel. Also, I did not realize until the last minute that you need to submit your documents 4 days in advance before the interview. Luckily one of my friends told me about it and I was able to request my dad to submit the documents in time. Not sure what would have happened if I did not submit the documents upfront...may be, they might have still allowed me in.
    3. I have all the documentation in place including pay stubs in the last 8 years.
    Good. I have been working for 8 years as well and took the paystubs for just this year(2010) and tax returns for past 3 years. But, they did not ask anything as I was renewing for the same company for the same job. They just asked what I do for the company.
    4. Is it preferable to get stamping done in Canada than in Hyderabad,
    I prefer Hyd as that is where my parents live and I don't have to waste travel fares, visa fees (for canada visa), hotel, vacation etc by going to canada. I just got it done when visiting my parents. If you live close to Canada or have special travel needs, then may be Canada should be considered.
    5. How many days does it take to get the passport back.
    7 days total I think, including weekend.




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  • jediknight
    08-08 08:29 PM
    It is possible to "interfile" in this situation, (See AFM Sec. 23.2(l) Transferring an Adjustment of Status Application from One Underlying Eligibility Basis to Another).

    However, I do not think you can successfully interfile until your wife's 2010 PD is current. ( See AFM Sec. 23.2(l)(2)(L) The Priority Date must Be Current for the Basis to Which the Applicant Wishes to Convert).

    Thanks Ann.

    I was hoping that we could interfile before the PD becomes current, so the app could be pre-adjudicated :-)

    - JK



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  • kaisersose
    03-27 11:52 PM
    Thanks for that link. It is good to know that there is a possibility that I-140 PP may come back in the near future, even if in phases.

    One comforting factor here is the extra $1000 is big money for no extra work which is very tempting to USCIS. So everyone knew they would bring it back as soon as the load became manageable, but the big question was when would the load become manageable.

    Now from the article, it looks like it may start happening very soon.




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  • averagedesi
    07-18 11:34 AM
    My attorney fee for 485 filing included only EAD and NOT AP, she was asking abt 500 $$ for each applicant, I wanted to do it myself as its a pretty easy process.

    Is there a way to file for AP without the receipt number for 485? I wanted to file it under the old fee structure.

    Also anybody knows how long it takes to process AP? probably i have to look at the USCIS processing times

    Thanks!



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  • TO BE OR NO TO BE
    09-11 04:43 PM
    Deepak,

    Its true that you have to have valid passport (which is not expiring withing 6 monts) at the time of visa stamping.

    Get a new passport before you leave for India. You can apply for a new passport in India Consulates in USA. Google it and you will find out more.

    Hope this is helpful,

    MP




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  • TomPlate
    01-03 03:36 PM
    Did you called them????



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  • dreamworld
    06-21 01:41 PM
    There is 180 days rule for h1b without pay and also it is employers responsibility to pay when you are out of project. Also think about option of switching her back to h4.

    Looks like you need a clear advise on this. Please consult with an attorney.




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  • gcwait2007
    06-06 12:20 PM
    Gurus, My place of birth is different in my passport than that of my birth certificate. I will have the place of birth changed in my passport. Could you pls tell me how difficult/messy is to have the uscis change the place of birth in my h1b petition based on my new passport. I am currently in my second year h1b. please throw light on any possible complications both serious and trifle. I dont have my h1b visa stamped yet. My GC process is going to start soon.

    nath.exists:

    Nothing is difficult, my friend :), as long as you have an excellent attorney to support you. Most attorneys know how to handle your kind of scenario. Please engage services of a seasoned immigration attorney who will do the needful, by writing to USCIS.

    I wish you Good Luck



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  • reddysms
    08-08 08:13 AM
    My attorney has submitted the documents for I140/485 concurrent filing. UPS has messed up and they lost my documents.It contains original documents for applying I140.

    I am wondering if there is any chance that I can send photocopy of documents to USCIS explaining them the situation as I do not want to miss the chance of deadline Aug 17th. Could anyone please suggest me? Did anyone experience the same situation before.

    Thanks.




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  • orshoe
    03-19 05:28 PM
    I was hoping that it would fall into the "related occupations" category.
    http://online.onetcenter.org/link/summary/11-3021.00#RelatedOccupations




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  • indyanguy
    11-16 10:20 AM
    Mine was sent out on July 2nd. Received AP and EAD. The LUD on 140 and 485 is 9/21/07.

    Filed in NSC. No FP yet.

    Why do you think that only LC Sub cases are not getting updated? I don't think anyone who filed for I140 in July have received any update




    go_guy123
    01-06 12:34 PM
    The Comprehensive Immigration Reform bill introduced in the House of Representatives would revamp the existing employment-based (EB) preference system in a number of important ways: 1) Increase in EB Numbers - The number of employment-based green cards would increase from 140,000 per year to 290,000. 2) Recapture � Currently, 140,000 persons are permitted to immigrate to the U.S. each year under the EB preference system. If less than 140,000 visa numbers are given out by the end of the government�s fiscal year on September 30, the remaining numbers are essentially thrown away. As a result, in most years, 20,000 to...

    More... (http://blogs.ilw.com/carlshusterman/2009/12/how-the-new-immigration-bill-would-revamp-the-eb-preference-system.html)

    The proposals are good but amnesty portion is politically impossible.
    The "all of nothing" CIR models will remain difficult. Let see if piecemeal comes in
    end 2010 (after election) or 2011.




    pappu
    02-18 02:19 PM
    Immigrationvoice is attending this meeting in DC and some core members are also calling in. Updates will be posted soon.



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