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  • thomachan72
    10-19 09:35 AM
    Has anybody done that?
    Questions;
    1) Will the old 140 be valid (for using the PD) even if the old employer withdraws/revokes the old LC/140? Big corporation, so I thought that would be a standard procedure?
    2) Has the new job title and responsibilities be very similar to the old one?
    3) Has the new LC/140 to be filed before the old one is cancelled inorder to keep the PD?
    4) is there any memo/law that allows us to keep the old PD once a 140 has been approved (even if it is revoken)?

    It is clear that a new LC/140 has to be done once you change the job. So any other information is welcome.





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  • aroranuj
    06-27 11:23 AM
    Has anyone done a FOIA before for an I-140 receipt notice? Where do I file? Does it in anyway makes USCIS reveiw my case more than it should?





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  • kirupa
    04-25 10:04 PM
    No I haven't - it'll be a few days before I get the time to add the stamps up :P





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  • mhtanim
    11-26 06:06 PM
    My friend was in India (out of the U.S.) while his green card got approved. The card was mailed to his U.S. home address. Another friend picked up his mail and mailed the green card to my friend in India. My friend got back into the U.S. with his green card. If the lawyer is correct, how did my friend do it?

    Card production is only ordered after your I-485 is approved. If you leave the U.S. after your I-485 is approved (although you didn't receive the physical card), logically you should not be able to use Advance Parole any longer since your AP was based on pending I-485.

    The best solution probably would be to go to a local USCIS office, show them your online status and get a stamp on your passport.



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  • jackrock79
    01-13 03:56 PM
    Yes. This is an old case.

    Isn't assigning a later PD to a earlier PD substitute labor a mistake made by the USCIS? If I put in a request to USCIS to correct this error, will it help?

    Thanks!!





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  • gcisadawg
    09-09 11:38 PM
    To reactivate your h1b you need to resenter the us using your h1b visa stamp, if you don't have an h1b visa stamp you would need to get it stamped at a consulate

    No, to re-activate, all that is needed is a h1B extension or amendment petition. An I-94 would would come along with that and that would put you on H1B status again.



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  • chanduv23
    06-12 04:30 PM
    This is my first post, so bear with me.

    I also got a Status Update message via email from USCIS. I think the lawyer will be getting the papers in mail next week.

    Seems like USCIS has started sending RFE for a lot of us, who have been waiting for a long time. What might be the reason for this. I heard from some of my friends that they are pre-adjucating the cases so that when the visa dates are available, they can process faster, but I also wonder if they are doing it so that they can drop some cases who do NOT reply to their RFE (similar to what happenned with Backlog Elimination Center and 45 day letters).

    It is called "two birds in one shot". Pre-adjudication and pre-rejection.

    And yes, the reason why most people get RFEs is because the records may not be available properly due to clerical issues.

    Preadjudication follows these guidlines
    (1) If it is deniable - can some reason be found to deny this case? Deny it - can be resolved thropugh MTR
    or
    (2) Is it RFEable - can we issue a standardRFE for this case? - Issue RFE
    or
    Preadjudicate it and keep it ready for visa allocation.





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  • ss1026
    07-06 01:27 PM
    Since 2000, a total of 182,694 work-based visas have not been given out because the immigration agency had fallen behind in processing applications, according to the 2007 report of the immigration agency�s ombudsman.

    as per ny times report...

    http://www.nytimes.com/2007/07/06/us/06visa.html?_r=1&hp&oref=slogin

    This number is down to 132K as 50K were captured by the nursing/medical lobby probably in 2004 or 2005. Google for more info



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  • msyedy
    02-05 08:36 PM
    1) I agree with all who are asking you to quit and get your H1-B transfered, but my concern is whether your H1-B is still valid or not as your I-140 has been revoked or is still in consideration.

    You can search for a company and file for a transfer and can still stay with this company till you get an answer. You can hold multiple H1-B's at the same time.

    2) Time taken for an H1-B approval varies, it all depends on your fate.
    I would suggest that you give $1000 and get it premium and you would get an answer in two weeks.

    3) Yes you can file Labor and I-140 again with the new employer before 2009 and can take extensions.

    These are my suggestions, it would be better that you consult a good lawyer to be contended as the lawyer would be dealing with cases more like these then we.





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  • anilsal
    10-24 11:45 PM
    In my opinion its just one of the marketing gimmicks of Y! See how it works

    http://news.yahoo.com/s/judy_woodruff/20060823/judy_woodruff/j_woodruff10015

    Similar lines ask the white house program. many people in the forum sent Q's to USCIS director and he didnt chose even one Q about retrogression or labor situation etc..

    It probably is cherry picking.

    We will post wherever we can(at least it is better than those who are silently submitting to destiny). Throw a hundred stones at a fruit on a tree. Atleast, one will hit?



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  • willgetgc2005
    04-25 10:07 AM
    dilbert,

    I am trying to change from EB3 category to EB2 category.Will that work if the old employer revokes I-140 ?

    __________________________________________________ _________


    WillGetGC2005 - here is my understanding of your case :-

    You have PD of 2002. You filed 140 and it is already approved. Your 485 is also filed and its more than 2 years on it.

    If the above is correct, you do not need to do PD transfer or start any new labor process either.

    What you need to do is use AC21. When you change employers, make sure that the new employer/lawyer sends a note that you are using AC-21 to transfer your job and your new job is same as your old job. Your GC process will continue normally after that using the 485 you have filed.

    The rule is if you have an approved I140 and your 485 is pending for more than six months, you can transfer employers using AC21. Your previous employer CANNOT revoke your I-140.

    This is my understanding. If you have a new employer and have a job offer , just have a talk with the lawyer and things will clear up.





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  • chanduv23
    10-13 08:55 AM
    This is an excellent piece of article and the comments are even better. Very good work Jaime.

    It is my observation that when we do Google search for a topic on immigration, if our search words match with the titles of our posts in any thread, the serach shows our threads. I observed this with my "AC21 Update" post. Now when I do Google search on words "AC21 Update" the first result displayed is my thread. :)
    That means if we cleverly design our thread titles, our threads would be displayed in many Google searches. If this is the observation of all members, would all of you be careful to attach a smart title to your thread? Can all the members be made aware of this fact?
    May be I am repeating something that is already discussed, but still.........
    __________________________________________________ _________
    Contributions so far $600+
    and continuing $20 per month

    I noticed this too. It is a wonderful idea to title threads appropriately



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  • sac-r-ten
    01-08 11:41 AM
    deepakjain:thanks for the latest info on this.
    Little clarification required, what do you mean "delivered the next day betn 4:30-5:00". You mean one can collect it the next day in the evening?

    jkm2282, sorry for hajacking your post. Any updates from your side?

    THe process has changed the passport are now delivered the next day between 4:30 PM to 5:00 PM. Mumbai consulate no longer delivers the passport the same day of interview.

    Deepak





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  • usirit
    07-01 02:40 PM
    20K = Using an attorney for H1B Visa, 4 H4, Renewal of H1B Visa + 4 H4, Sponsorship Company got bought and change name = Re-Issuing H1B Visa, PERM Process....

    But still.... people ask why illegals just don't come here legally?????? :mad:

    20K ...is that what it cost you so far ??? that is way too expensive ..
    I agree how can a poor laborer afford such fees ?



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  • eastindia
    10-06 04:56 PM
    I just noticed on IV homepage that ex USCIS ombudsman is now IV board of advisors.





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  • eb3_nepa
    09-07 12:10 PM
    I am actually quite perturbed by this discussion. I feel there is NO need for an "American" accent. As long as your english pronounciation is clear and your grammer is strong, you should have NO problems.

    If you have studied in English from Day one, you should feel good about yourself. You have already put in hard work since your childhood and you do not need to be embarassed that your English does not sound like the average American. As long as you do not have a VERY strong accent from whatever country you are from, I see NO reason to "Americanize" our English. If someone is doing it to improve their spoken English then I am all for it. If someone is doing it just to gain "acceptance" then I feel it is wrong. You are who you are. Right now you are NOT an American, you were NOT born here so then why should you talk exactly like an American when you are NOT an American??

    Also I am not too happy at this being mentioned as an "Indian" specific issue. Citizens of almost EVERY country have their own accent. Indians, Chinese, Japanese,, Italians, Irish, British, East Europian they ALL have a unique accent. I dont see anyone criticizing the Irish, British or the Australian accents. I see some people in this forum making fun of just the Indian accent, so i thought i should clarify this point.



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  • anai
    06-20 08:48 AM
    When I saw the title of the thread, I first thought Dan Quayle is posting on immigration voice.





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  • wandmaker
    09-10 11:58 AM
    thanks i hope everything will be ok..one last question what are my chances to have a consular processing?of course i don't want to leave the country and issue my h1b there cause im already here.thanks

    USCIS will not approve your COS because you have no status, rather they may approve a petition for consular processing. Even if USCIS approves your H1B petition for consular processing, you only have 10% probability to stamp your H1B because

    1 - you used your tourist visa to find work
    2 - you have overstayed your I-94





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  • amsgc
    09-10 12:08 AM
    You should request your new employer to do Premium Processing on your H-1B petition.
    You will get a response from USCIS in 2 weeks and you will know for sure whether it has been approved/rejected or if USCIS needs more evidence. If it is approved, you will also know whether it was approved with Change of status (i.e. I94 attached), or whether you are required to leave the country and re-enter on a H-1B visa.
    If new evidence needs to be submitted, then you will get a response within two weeks of submitting additional evidence.

    The fee for Premium processing is $1000. Note that the beneficiary of the petition (you in this case) is legally allowed to pay the fee for premium processing. But, only the petitioner (your future employer) can file the application for Premium processing.

    As far as I know - you are considered in a period of authorized stay as long as your petition for change of status/extension of stay is pending with the USCIS. You will begin to accrue unlawful presence from the day the petition is denied, if that were to happen.

    The lawyers on this forum can advise you better.

    i don't know what to do right now.i stayed over april 2009 which is the end of my i-94 because i have a pending petition of immigrant as a nurse.And my lawyer said i am allowed to stay until october 2009. But now the problem is I was filed as H1b by another employer so is it possible that they will approve me here?My lawyer said that when i received already the notice of receipt i can stay here while waiting for the approval.And when my approval comes with 1-94 on it i don't have to leave the US but when it has been approved without i-94 i will leave the US for consular processing asap and re-enter here as h1 status.HELP i really don't know what to believe anymore!at the moment i am waiting for my notice of receipt in h1b visa.I only have until oct to get a result for the approval!please advice me what is the best I can do!THANKS:)





    485Mbe4001
    06-13 11:58 AM
    My uncles GC's and Indian passports were stolen a few years back. it took them 6 months to get a new card, you cannot leave the country. Other than that they did not have major issues. File a police report keep copies of the report and all correspondence in safe deposit box. As a precaution put a hold on your credit at the 3 credit agencies.

    Hi All,

    We are devastated. We got robbed last weekend. We lost everything including our green cards. After 6 years of wait, we got the cards in May. Unfortunately, we did not make any photocopies. We applied for replacement of cards using I-90 forms. Has anyone been in such a situation ?

    Please help us with any suggestions.

    Thanking you all.





    pmpforgc
    09-28 10:52 AM
    Dear Members

    I seek your expert advise on following situation as my lawayer is not much clear on the topic.

    I am from India and filed through university my I-140 and I-485 Concurrently on August-22,2006 in EB-2 SCHEDULE A ( Categorey II) EXCEPTIONAL ABILITY which is still current for all countries including India.. I had not seen any activity on My I-140 yet and Now for EB-2 Premiumprocessing is available now.More over Schedule A is likely to retrogess some time in November,2006

    In this regards I need your guidance on following points.

    (1) Does the possible retrogession in November means they will retrogess from November-2006 onwards? or they may retrogess even before say March-2006 or any previous date.

    (2) If they retrogess from say Nov-15 than does it means that since I applied on August-23, My I-485s ( me and my family) will continue to be processed?

    (3) In the view of possible retrogession of Schedule A, do you think I should go for Premium processing or not? Does it will help in any way to avoid retrogession of I-485s

    (4)Based on past experiences, Does the application for premium processing hurt in any way in terms of final decision ( not the speed but out come approval or denial)?

    Your input will greatly help me in deciding about premium processing.

    Thanks