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  • iam4u4ever
    06-04 06:02 PM
    You don't need to be working in the US while the AOS is pending. You just need to have the job when permanent residence is approved, or to have a job in the "same or similar occupational classification."

    what should i do if at the time of actual AOS ( The day they adjudicate my case ) I am working for another company since the actual sponsoring company is closed down ?





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  • MeraNaamJoker
    09-16 04:44 PM
    Here is the scenario.

    If 6 months has been completed after your I-485 is filed then you can port out your process. You can either file AC21 or not. But to work for another company you need EAD. Now here you have mentioned that you have been working for Company B. What is your status with Company B? I guess, H1B.

    If the company B can file for an AC21 at the earliest, that is the best option you have with you.

    Just in case, if your I-485 is less than 6 months, situation becomes little sticky. Though the law or rule does not say anything specific, USCIS has been little lenient with the lay off and other situations recently.

    So once Company A gets winds up, you can claim the process by stating that the company went out of business. There are cases where this was approved recently. Earlier there were exemptions at all.

    You all need the co-operation from Company A on this. If they report to USCIS that you guys never joined there or made the company lose money, then none of the process will not stand as per law.

    I personally know a unique situation, even after the company reported against the employee, the USCIS issued Green Card.

    It all depends on the knowledge of the Officer who takes the case. Basically it is roll of the dice.

    Do not take chances. Do it in the legal way as much as possible.

    Good Luck to all of you





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  • trump_gc
    08-12 06:19 AM
    What if no birth certificate was available and we had submitted a non-availability certificate...will that lead into a RFE?





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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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  • sanjay
    03-28 10:44 AM
    Thanks for this great feature. It definitely looks promising. But, some how I find my information missing. Is there a place where I can add my information. my IV profile already got all my info.





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  • s416504
    03-07 01:52 PM
    My friend went to Boston Airport ->Immigration/custom Office next day for correction. His father came on B1 visa but they put wrong month on I-94. That office corrected that immediatly. There must be something at every international airport.



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  • johnamit
    07-16 09:50 AM
    High-tech industry in their favor... that don't sound correct? is it?
    Supporters of the bill included President Bush, the United States Chamber of Commerce, the high-tech industry, the Roman Catholic Church, many Hispanic organizations, farmers, restaurants, hotels and the construction industry.





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  • satishku_2000
    08-01 01:53 PM
    Response for my RFE on 140 was supposed to be sent in by today. My Law office sent in the resposne using FEDEX overnight yesterday. I come to work in the moring and check the status of FEDEX and it says it is still in transit. I call the fedex office with tracking number and they say there was a big technical problem and hydraulic leak in the plane that was supposed to carry my response. Fedex says they will try to deliver by after mailroom closes today and they are ready to issue a letter stating that its their mistake. Do you guys think my response will be accepted tomorrow or I get a NOID for my 140? My lawyer says that if FEDEX trys to deliver it by today and they fail we should be ok or if they issue NOID we can always rebut back with letter from FEDEX and open a MTR .. any one of you guys have any such experience. I dont want to blame any one here excpet my luck in the whole process.

    Any input guys .. I really dont know what to do .. I am almost half paralyzed , I am in 6th year of my H1 and ends in december ..and my PD is Sep 2004 .

    Guys any input is appreciated ..



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  • madsat1234
    06-01 01:04 PM
    Received Appointment Letter today..

    Asked for Medicals, Tax returns(Last 3 years), birth Certificate, and Affidavit of Support I834(mine is not Family based GC) why did they ask me. Is there anyone else in the same situation

    I am the primary Applicant, PD Jul 2003, EB3

    There are no visa numbers available for this category. Why Interview call..

    Even if they selected my application randomly there are no visa numbers available..

    Please help..





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  • Dhundhun
    11-24 05:13 AM
    Nihar, let me understand your problem and explain you, what might be happening?
    #1. You are doing MBA
    #2. In Apr 2007, you applied for H1B through some consultant. There was oversubscription and so lottery was there. Through lottery, you got selected - but this is not H1B approval.
    #3. Meanwhile your consultant (or you) got RFE, to which you replied in Aug.
    #4. H1B is usually approved in Oct/Nov. You have still not in hand but you see it aapproved on USCIS site.
    #5. This period is dual status, you are on OPT and H1B is approved. If you have both OPT and H1B, you continue as OPT for taxation purpose this year. Consultant will not be deducting social security.
    #6. If you are on dual status, your H1B will start from Jan 2008.
    #7. But if your OPT is already expired, you can only work through consultant after getting H1B papers. You remain in USA waiting for H1B to become available.
    #8. If you have not requested for OPT, you are neither on OPT nor on H1B. You are just on F1 Visa. After completing MBA, if H1B is refused, you will become out of status. OPT has to be applied 3 months before the end of session.



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  • REDS
    01-01 12:29 AM
    Opened SR got a response letter informin that my case is within the "6months" window frame @ TSC so i guess I should see an FP notice by March 11 '08., Am a july 17 filer @ TSC, RD is Sep 11 and got EAD and AP long time back.





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  • logiclife
    08-02 02:19 PM
    If I were you, I would spend a couple of hundred dollars and do a paid phone consultation with a lawyer, probably a good one at that. And send questions ahead of time so that the lawyer too does his research before talking to you on the phone.

    When you decisions can have a lasting effect on your career, you may not want to rely on advice on forums. Members here are not lawyers.

    If you do get advice here, then be aware of the chances that it could be not applicable to your situation.

    Good Luck.



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  • amitjoey
    05-28 12:27 PM
    Greatly apprecite if anyone can give their inputs...

    I have PD with dec 2006 and 140 approved. Filed 485 in July 2007. For october 2008 I will be done with 4 years of H1b. I am single and I may not get married untill later 2009 due to some family responsibalities. I am kind of concered about 485 getting approval by then which might jeoperdise my spouse visa later. Based on the present processing speed, mine might take minmum 2 years. But bit concerend what if USCICS make a mistake in processing 485 in terms of picking 485 from a later date and approving it?

    So my query is...

    1. If I now withdraw my 485 and later change company. SHould I again get a new labor and i140 approved with new company to file for 485.( Here I understand I can port my PD.).

    Any inputs will be greatly apprecited....


    PD With DEC 2006: IF you are from a retrogressed country, unless there is any overhaul in the precent process, or new visas added by way of new laws, you are looking at atleast 3 years of wait. Why would you want to withdraw it right now, wait for another 2-1/2 years. If suddenly you notice the dates jumping, then you can decide to withdraw.
    In the meantime, get 3 years extension on your H1, based on approved I140.
    Check w/lawyer.





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  • mlkedave
    03-06 07:56 PM
    I was the first to show my site, then paddy, then dark and then fern so i really dont see any influence may it be progressive or negative...



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  • willigetgc?
    01-27 12:12 PM
    Promoting Visibility

    http://www.pressreleasepoint.com/immigration-voice-president039s-vision-immigration-quotin-right-directionquot

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    Members can use this code in their blogs, facebook ..





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  • guy03062
    10-28 02:30 PM
    AP renewal application Mailed: 10/06/08
    Reached @ USCIS: 10/08/08
    Check cashed: 10/23/08
    AP Receipt notice received: 10/27/08



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  • hmehta
    07-14 10:32 AM
    Yes, my PD is Nov. 2005 - from looking at the current situation, it looks like we have nothing to lose if we file it - the worst thing that can happen is that it will be rejected (even before being processed). I am applying!!!:)

    My papers reached my lawyer only on 3rd. So, she didnt file at that time. Yesterday, she asked me if we can apply to become a part of lawsuit. I said OK. My file was sent to uscis yesterday by fedex. Since, I have spent 1000$ already on medical and other stuffs, just thought, why not give it a shot.

    I would ask you guys to consider filing especially if your PD is in 2005 or later.





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  • himu73
    08-14 12:47 PM
    I support the theory part of your concept, but I dont think USCIS has the capability to implement it. I would rather say that , The earlier stages Labor and 140 might be more appropriate to apply your theory, wherein direct employees with bigger organizations will have faster approvals, which indirectly would makes their adjustment of status faster.

    Also, as mentioned in the earlier post, being proactive with your case and having a good lawyer also affect the speed at which case is processed.

    This is just my theory. When you don't have much information, you get to think of many theories and here is mine. I believe USCIS is approving direct employees of an organization. For example, they may be giving preference to Microsoft employee, rather than an employee of Patel and Patel INC. I know I may be wrong, but I am just pondering. How can someone explain a person with PD 05/03/2006 with RD 08/01/2007 has much preference over a person with PD 05/03/2006 with RD 07/20/2007? Am I missing something here? :confused::confused:

    People may post their answers, proving that I am wrong.





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  • milind70
    10-09 10:48 AM
    I think something same along the lines in VA is in place.





    SGP
    04-14 06:29 AM
    Hi,
    I am trying to find a job under the "new H1-B quota" after leaving the H1-B status last year even though I did NOT exhaust my initial 6 year quota.

    So, can you

    1. enter the US on B2 for a job search from June 2011 - September 2011 - Yes
    2. leave the US on September 29, 2011 ( right before October 1, 2011 ) with a new H1-B quota I-797 - Yes
    3. get an new H1 stamped outside under the new quota with a September 20 - October 7 , 2011 consular appointment date - Yes
    4. enter the US for the job right after getting the visa stamped on let us say on October 15, 2011 - Yes

    and not raise any of the following red flags :

    1. Why is this person applying for a new H1-B visa right after returning from a B2 after such a long stay ? No Flag will be raised.

    2. Did he complete 365 days outside the US since I had a previous 6 year H1-B. I would have done 365 days outside the US by June 2011 before re-entering on B2 - If you meet the criteria of staying outside the US for 365 days, then no flags should be raised

    3. want to be a little careful since between June 2010 - June 2011 I have made a few 3-4 days trips to the US on B2 already throughout that time ? Does this hurt anything ? Would the consulate for stamping care about this or the USCIS or both ? Are the 365 days supposed to be continuous ? If you have not entered using H1 status you should be fine

    4. I dont want to change status from B2 to H1-B since people say this is very risky. Any comments ? Yes do not change status in US

    5. Would the consulate cancel my B2 visa after stamping H1-B ? - No they will not

    Please advise on where I should give gaps in my timeline or would cutting it so close work ?- Don't have reply for this. Sorry.

    Please see my replies in Bold Dark Green.
    ____________________
    Deadline = April 30th, 2011
    Goal = 5000 votes on survey (see I-485 filing w/o current PD thread) and momentum to continue with this campaign.The survey is a platform to gather and push for launching action items. Based on response by 04/30/2011 - IV will decide whether to even proceed with initiative or not.
    Actions - 1) Vote on survey.
    2)Email ivcoordinator@gmail.com with PD, ph#,email & subject "I485 filing impacted”,
    3)Print/Circulate Fliers and spread FB, wiki link (see "support thread")





    mnq1979
    05-21 12:36 PM
    well i have not used AC21, jsut changed the employer, so you mean to say i have to send the letter from the employer who originally sponsered me? right?



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