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sankar_203

04-01 04:54 PM

Hello folks,

i need some expert opinion here. These are my primary details.

COMPANY A:
1. Perm Labor - Nov 2006. (EB2)
2. I-140 approved - Nov 2007
3. I-485 filed - July 2007.
4 EAD - oct 2007
5 FP - Nov 2007
6 AP - Oct 2007
H1-B extension denied in dec 2007 due to variety of company A issues.
Invoked AC21 yesterday with company B.

COMPANY B: Bought substitution labor of Feb 2004 EB3.

I-140 filed : NSC : paper based filing no documents has been sent waiting for RFE on July 13 2007.

But my labor substitute on 140 has been used for somebody else by mistake and now company B says they have few other labors to substitute and they say we'll respond to the query saying that the original one has been used and please consider the second one. Attorney has made this mistake since many labors were filed at that time and the labor that they have used for me has been approved . Do you guys whatever the attorney is suggesting is going to work? Please let me know i haven't got an RFE yet..

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qualified_trash

12-15 12:26 PM

Could you elaborate ? Did you mean I'll eventually get a 3 year extension after I run out of 6 year term (assuming the new company files perm and the retrogression is still there then..) OR did you mean I can get 3 years right now ?
yes you will eventually get a 3 year extension after you run out of 6 year term (assuming the new company files perm and the retrogression is still there and your I140 is approved then......)

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ssbaruah@yahoo.com

03-01 08:26 PM

Hi,

Unfortunately, I have recently been laid off by my employer on Jan 09. Still I could not transfer my H1B, but I am in process to doing that. One of friend told me told me that I need to transfer my H1B with 2 months. My H1B visa is valid till 2011.

I already requested my ex-employer not to revoke my H1B.

My questions are �

1. How much time I will get to transfer my H1B ?
2. What about my families H4 visa status ?
3. If it is out of status issue , then what should me my immediate action ?

Thanks in advance!

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meridiani.planum

06-15 02:07 PM

hi,
Can someone help me with the situation i'm in.
I had H1B Visa validityfrom X company from 06/2004 - 12/2007.Applied for extension in June 2007. I had
query on it and i got status update in Feb 2008,stating request for evidence(RFE) documents.
X company send the documents but got denial on May 2 , 2008. I had 2 options at this point of time
first one was make an appeal with right documents. second one was to leave the country in 30
days which i has NOT choosen obviously.
In the mean time, i have applied for H1-B Transfer with new company with premium processing. Also made appeal with old company (X) , I'm waiting for the decision of appeal. but now, i got
APPROVAL on my H1-B Transfer with new company.
I-94 that i have on my passport is with Old company(X) .

Question is:
I need to revalidate my visa that was expired in December 2007. I received my H1B extention last week
when i met Immigration officer close to where i live. she said u r good to travel with new I#94 number (which is same as old one). but without visa how would it be possible.
Do i really need stamping to go out of US to visit my native country?

Pls advise. Any answers would be appreciated

+ you need a new visa stamp to re-enter the country. New approval notice alone is not enough.

+ did you get an I-94 with the new companys H1 approval notice? When you applied that H1, what did you specify as your old employer? company X or the company whose H1 was denied and is now under appeal? Because that makes the intermediate H1 a 'bridge' petition, and opens up potentical complications.... read the following:
http://www.immigration-information.com/forums/showthread.php?t=5176
http://www.murthy.com/chatlogs/ch021808_P.html

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makemygc

07-26 12:29 PM

Bump
/\/\/\/\

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Wish_Good

06-23 06:03 PM

Hi Prashanthi,

Thanks for your Service,

Right now Iam also trying to apply one more H1 extension (my present H1 is valid till July 13, 2009) --with the same employer.

Please advice me.

Thanks a Lot in Advance.

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snathan

05-12 07:05 PM

My PD is Sep-03, EB3-India. I left the employer who sponsored me one year after I filled 485 (thanks to July-07 fiasco). I have over 12 years of experience and was wondering if it was possible to port to EB-2 without having to file for new labor by just refilling I-140.

Thanks

Nope...you can not.

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jcrajput

06-18 03:43 PM

What is the best way to send the documents to the emabassy? I asked because I live in Ahmedabad and I am planning to go for stamping the very next day I arrive in India.
Thanks for your help.
jignesh

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jonty_11

09-25 12:01 PM

Good find - shows the plight of legal immigrants.

A bit of nitpicking - actually the chart is underestimating the time for EmploymentBased / skilled immigrants wait - says 11-16 years to get citizenship sort of suggesting 16 years is the worst case scenario to get citizenship. Its a bit underestimate especially for people coming from India/China. I have seen many people (including me) on these forums who entered US "legally" ten years ago and still waiting for GC with no idea when they would finally get it. Some of them might finally get citizenship 20 years after entering the country "legally".

On the whole it shows the reality of legal immigration and its waiting times.
Interesting one..but folks in washington will continue taking us for granted....unless we show them serious intent...

Hell, ALl they care abt is big corporations...even ahead of their own citizens...Wall St over Main St...
Bailout plan to be approved soon.......We areno where in the picture....even lawmakers know the realiy of this article...but its all about "show me the money"

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GEEVER

January 30th, 2008, 01:40 PM

Hello,

What type of camera are you looking for?

Point-and-shoot or a dSLR (Digital Single Lens Reflex).

The Sony Cybershoot is just your average P&S camera, small, light and compact.

A dSLR for example, like the Nikon D40 or the Canon EOS 350D are dSLR type and are much bigger in size but deliver alot higher quality images.

Nikon D40 http://www.kenrockwell.com/nikon/d40/images/d40-right-950.jpg

Canon EOS 350D http://www.cameralabs.com/reviews/Canon350D/images/Canon350D_main.jpg

What is your price budget too?

here is the link for the cyber-shot y was looking for http://www.sonystyle.com/webapp/wcs/stores/servlet/ProductDisplay?catalogId=10551&storeId=10151&langId=-1&productId=20005011
i know sony also have dslr cameras, but this cyber-shot is pretty much like a dslr and it's affordable. $600 budget

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indianabacklog

07-30 08:59 PM

The priority date for children who might age out is fixed at the time of your I140 filing. So if you I140 took six months to approve this can be taken off the age of the child when the labor priority date becomes current. So even if you file when a child is 20 and a half and you have to wait for two years for the date to become current, unless the I140 took 1 and a half years their age will be over 21 when the green card can be processed so they age out of derivative status.

Good luck to those who are facing this. I do understand your anxiety since my son aged out while I was waiting three and half years for my labor cert. It would seem that this 'black hole' in the employment based process is non existent to the people who can change it.

Not sure what the future holds for such children, maybe there is some greater plan which we are not aware of yet.

I do see one advantage they cannot be called up for military service (for the USA) on a non-immigrant visa whereas they can if they have a green card. While I understand fighting is a noble cause I would not want my son to fight for our country of origin either.

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boston_gc

01-20 06:40 PM

Folks:

I was just informed by my lawyer that there is a potenital for significant delay in getting the visa stamped due to security checks. I assume it is PIMS related. My questions is:

1: Has anyone experienced such delay recently at Delhi Consulate? Please note that last visa H1B expired in Aug 2010.
2: Is there any proactive steps I can take before going to India and make sure that there are no delay due to PIMS verification

I also read somewhere that there is a way to get PIMS verification done while in US.

I will appreciate your responses.

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kirupa

01-15 06:09 PM

Does this sound reasonable?

Circles that are skewed or transformed or 3d-rotated as part of the animation/user-intearction are OK, but avoid using ovals as part of the design itself.

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edaltsis

07-23 07:14 AM

It's not consultant, you mean to say that you applied through an agent. Know that you are the consultant but not the company or anyone else.

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walking_dude

11-21 11:33 AM

You are probably refering to Cubans in Cuba and their leader Castro.

I'm refering to Cubans in Florida who are a solid 'vote bank' for Republican Party. They have even become Senators and Congressman, without sacrificing their Cuban heritage.

No they are NOT if you are talking about immigration!They are highly passionate and vocal in support for their own country and its leader (well are we???).

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validIV

04-16 11:46 AM

See my answers in red

I did not wan to create a separate thread since I have similar questions:

My situation:

US pharmD graduating in may 09
H1B approved ( start oct 09)
OPT not approved yet
Married to F-1
child born in US
Country- Gabon (both)
city- nashville TN
Company-CVS


Facts:

My company told me I qualify for GC sponsoring after 90 days of full time as pharmacist and to just buzz them when I am ready. I will be full time rx on my OPT, which shoudl come out before graduation.
I pass my boards in June, I should be go to go for GC filing as soon as October.

Questions:

1. is changing address within the same city affect GC procress? Its not a big deal, people do it all the time. Its a two step process, much easier if you have a lawyer file your applications since they will usually get copies of all correspondences with USCIS and they will take care of this for you. If you are self filing, you will need to take care of both steps yourself. See this: https://egov.uscis.gov/crisgwi/go?action=coa

2. What r the pros and cons of filing GC that early into employment?The earlier the better. The CVS guy told me usually people prefer to wait longer before filing for GC. why? Corporations and businesses do not make it a habit to file GC/PERM apps for their employees if they are only temp or on probationary periods. Normally when they hire someone, they are on probation with the company for a year or so. If they like your work they will keep you and file your application for permanent residency. So normally businesses dont file your GC app until after 6 or 12 months. With CVS, consult your supervisor what the standard filing procedure is. Do not overstep the company policies and file yourself. You need them to file it for you when they are ready and willing.

3. When GC filing start can I include my husband from the start with his F1 status or do we have to switch him to H4 status first?. Does not matter what status your husbands is in as long as it is valid. You can research the pros and cons of H4 vs F1 yourself, that alone is another thread's worth of discussion. You specifiy your husband as a dependant of your GC application usually at the last step before your I485 approval, when your PD becomes current.

4. any suggestion, that you think I can benefit from on how to approach is welcomed. I 've been F1 for 5-6 years now..just looking forward to ending my life as an international student, but I don't want to rush into things out of ignorance. I was in the same boat as you, coming from F-1 to H-1. You are doing the right thing by expanding your knowledge base and asking people. Work hard at what you do and follow up once your application is filed. With the economy the hardest part is finding a job that will sponsor H-1 but youve already gone beyond that point.

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mayurcreation

04-18 08:05 AM

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chanduv23

07-02 01:07 PM

My wife name in not mentioned while applying I140 , how does it imact?
Can i add her while applying I485

Yes, add your dependents on 485

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plassey

09-05 12:01 PM

What's the big deal, if it is not this year may be in next few years another bill will be introduced. Bills will kept being introduced and some day one of those bill will pass.

Why should I worry about it? Do you really think you can make a difference?

Even the answer is yes, people with late priority dates should be more worried as they are the ones who will get their GC in several years. If they are not worried, why are you?

You know there is a saying that goes in my country, you can bring horse to water but you can't make him drink.

So dude take it easy... Even though in 5-10 years but folks will get their GC (of course assuming other things remain constant)

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bond65

08-28 11:25 AM

kaisersose, is it mandatory for the beneficiary to sign the approved labor before attaching it to the I140 application ?

According to the legal assistant:

Traditional Labor:

Incase of substitution the beneficiary has to sign the approved labor. Otherwise it is not required.

PERM: Requires beneficiary's signature.

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lord_labaku

09-16 09:54 PM

Do you know whether the substituted LC was used by the original employee by using AC21. If that previous employee got their GC...then the subbed LC is void so 140 will be denied.

This confusion w.r.t AC21 & labor sub was the very reason that LC sub was abolished.

Good luck.

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