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Thanks for the update.
Folks, please call u'r own lawmakers and the lawmakers listed on the phone campaign. Every call from constituents are very important.

Just a quick update:

All 3 Lofgren bills will be marked up next week in the subcommittee.

IV is working with the committee members at this time and will give more updates as the bills move forward. Please continue to make calls.

My LC is still in process after auditing (EB2). My employer wants to 'drastically' cut back my salary due the national depression, which is particularly affecting the field my company is operating in (sub-primes). If he does that, and I accept it, is LC in jeopardy? We filed back in September 2007 with a certain salary and now it will be lower. Do we have to communicate the change to the DOL? And if yes, what will happen? Do we have to re-file? Thank you to everybody for all the info you can give me! Really!:(

snathan and number30, thanks a lot for your valuable input :).

I received my GC on 08/15/08. PD 03/2006. My spouse did not. The dates have since moved on and it seems until July/Aug 2009 there can be no hope. She has an EAD until 10/2010and is employed on its basis. Does changing my job effect her I-485 application ? Will I still need to file an AC21 ?

Hello IVans,
My employer did not pay for I485 expenses (USCIS fees, Lawyer expenses and Medical exam expenses). I paid all these expenses out of my pocket. Today one of my friends told me that these expenses could qualify as tax-deductible expenses. I have my doubts, but want to get you thoughts.

Thanks.

I am pretty sure the medical exam expenses do qualify for tax deductible.
As far as lawyer fees and USCIS fees there are two school of thought, one says the are tax dedutible and other say they are not, but as per my CPA( and i take services of a professional one and charges around 250 USD for my tax filing) anything that is work related is tax deductable i.e. softwares,stationary,part of apartment rent(if u telecommute),expenses towards job hunting, even H1B visa stamping fees,even bad loans can be written off as loses

where did you see these 30/45 days numbers? you can apply an H1 extension upto 180 days in advance of the expiry of your current H1 (basically 180 days before the new start-date)

Let me clarify you guys, 180 days advance to expiry is good, I am referring to applying in the last minute, ideally it should be atleast 30 days ahead of expiry date in order to avoid the complications.

Secondly I am referring to applying for H1B Extension AFTER Expiry date which is good for 45 days. Hope you got it now.

Hello,

Folks, who is in PA, Please take a print out of this document.

http://www.dot3.state.pa.us/pdotforms/fact_sheets/pub195nc.pdf

and show them the column, "Lawful Temporary Residents" they cannot refuse to give licence, the employees in DMV should get a training, Otherwise contact Harrisburg, PA DMV and talk to an officer, get his name and let the people who refuse, to call him and talk to him about the revised law 8 months back.

There was lot of talk in the past about lawsuit against USCIS against Porting and moving dates slowly etc.

Has anything been done yet?

This is something like filing a law suite against Manmohan Singh for having inefficient ministers under his goverment.

Hire a top attorney, paying him half of your earnings to get an answer from the court saying that "thats how things work".

Is there reason you say that I cannot port the PD ...? Please explain.

Arun


You cannot port your I-140 to the new company. So, your H1B will also get affected as it extn is based on the underlying I-140. The only way you can accomplish moving to company B is by filing for I-485 while still at Company A (if your dates are current), wait for 6 months and then, use the AC21 provision.

This is just my view. There might be better ways but, that is the only one I can think right now.

Be prepared to stay there one night. I went there last week. The whole process was very smooth for all of us who went there to renew their stamps but had to spend the night to get the passports back.

My understanding is that to file for I-485 one needs to be in valid non-immigrant status (which your spouse does not have as of july 17th). After a valid I485 filing, there is a relief of 180 days as per 245(K). I could be wrong. It was a serious mistake not to have filed before July 16th. But nevertheless worth a try. If USCIS does not reject the filing, you need to be careful, not to let your spouse stay inside US beyond 180 days counting from July 16th. Since at a later stage, should the application be denied,a lot more can go wrong.

Dude it is pretty clear you dont belong here. If you joined a body-shop that replaced americans with cheap bodies then your employer violated the law and you were a willing accomplice. You are no better than an illegal alien. No wonder you are so scared of being replaced by yet another cheap body ! IV does not represent people like you.
Now get the hell out of here.

:D

I want dixie as my spokesperson.

I'm happy it finally worked out for you! Will you be changing your handle now ? :)

Years before, the back log was at Labor Stage, then when PERM Labor came into existance, the back log was at 485 stage, now with non-concurrent filing I think the I 140 will get backlogged.


http://www.immigration-law.com/


05/05/2008: USCIS May Initiate Rule Making Process in June 2008 for Termination of Concurrent I-140/I-485 Filing Procedure

* As we reported earlier, the USCIS has been considering halting the concurrent filing procedure quite some time. Initially it was planning to commence the procedure to publish this proposed rule in November 2008. However, the latest information reflects that the proposed may be released next month, June 2008 with the two months of comment period through August 2008. People are cautioned that this is just a "proposed" rule stage. After the comment period is over, the agency will still have to go through the final rule making procedure with another cycle of OMB review and publication of the rule. There are nothing to panic about at this time. However, people may be conscious of the upcoming change in the filing procedures for I-140 petition and I-485 application from the current single-tier procedure when the visa number is available to the two-tier procedure. Please stay tuned to this website for this important development of immigration procedure changes.

This is as per USCIC:

06/05/08. Previous editions will be accepted only for medical exams conducted before August 1, 2008. Medical exams conducted on or after August 1, 2008, require use of the 06/05/08 edition (link at bottom of page).

Goto www.uscis.gov and click on 'Immigration Forms' and scroll down for I-693.

Could somebody please advice if contract work on W2 would cause any issues at the time of adjudiciation? Any information will be greatly appreciated.

Thanks,

Just now my lawyer called to tell that she got all my receipts , filed on july 2nd but my wifes application was rejected for "insufficient filing fees", I had put in a single check for $745 , how can this be, it was both in the same fedex packet, she says it is some "mailroom error", so she sent back the application with a letter and my receipt copy to accept. My app also had a $745 check and that was receipted,
Has this happned to anyone, please respond , i am wondering if what my lawyer did was correct, pls share your experiences.
Hey, which service center, Texas or Nebraska.

I think i understand:) Thank you.
As I might have already mentioned, i've been working for a company for 2 years now with my EAD, they are willing to sponsor for H1B. so as long as my J principal has a waiver, then my company shoulnd face any problems on applying for a H1B right?

Could you please explain "As long as the H1-B quota is not exhausted and the petition was correctly filed". ? Is there a deadline to apply for H1B ?

i really appreciate your opinoins, thank you very much.

I just did some further reading and research, and it appears that an H1 could do the following if this bill passed tomorrow.

1. Quit their job
2. Form an LLC and self-employ
3. File for 218D status. Once this is approved, you are able to work anywhere. It's not clear if there will be a filing procedure or not.
4. Wait six years.
5. File for green card. Note that 218D requires you to work for the entire six years - but it can be full-time, part-time, self-employment or full time study.

I can't believe it could be that simple. The only downside is that there might be 10 million people in the queue for 218D, so it will probably be backlogged until 2026!

GC is for future employment but I-140 is not GC. I-485 is Adjustment of status to Permanent resident (GC).
If you leave the company prior I-140 approval. I-140, I-485, EAD & AP are canceled.
If your I-140 is approved and I-485 is pending for more than 180 days, then and only then, you can switch company using AC21 while still keeping your I-485 pending.
Mind you, I-140 is not your application, it is employers!

See my previous statement. There is nothing in the law that states one needs to 'work' for a company when I140 is being processed. Period.

this is all I found on the EAD Instructions...

Replacement EAD: If this is your replacement applicationand you are applying under one of the following categories, afiling fee is not required:
1. (c)(l), (c)(4), or (c)(7) Dependent of certain foreigngovernment, international organization, or NATOpersonnel.
Form I-765 Instructions (Rev. 07/30/07) Y Page 8
1. The check or money order must be drawn on a bank orother financial institution located in the United Statesand must be payable in U.S. currency; and
USCIS will use the Poverty Guidelines published annually bythe Department of Health and Human Services as the basiccriteria in determining the applicant's eligibility wheneconomic necessity is identified as a factor.
The Poverty Guidelines will be used as a guide, but not as aconclusive standard, in adjudicating fee waiver requests foremployment authorization applications requiring a fee.
You may be eligible for a fee waiver under 8 CFR 103.7(c).
Incorrect Card: No fee is required if you are filing onlybecause the card issued to you was incorrect due to a USCISadministrative error. However, if the error was not caused byUSCIS, both application and biometrics fees are required