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What do you mean by PERM was done in 60 days? Do you know the login name & password of the employer. I mean the IT guy will need the login name to answer any querry else he can not pull any info.

How come there was no receipt. Was it filed at all or was rejected by the computer & you do not know that?

The best document to have is a copy of the I-140 approval notice. You are legally entitled to have a copy of this document, and can obtain it by making a Freedom of Information Act (FOIA) request to USCIS using Form G-639. USCIS provides detailed instructions at: USCIS - Freedom of Information and Privacy Act (FOIA) (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=34139c7755cb9010VgnVCM10000045f3d6a1RCR D&vgnextchannel=34139c7755cb9010VgnVCM10000045f3d6a1 RCRD)
In my experience, it can take anywhere from 2 months to 18 months for USCIS to act on a FOIA request and provide copies.

Hope this helps.

This is a very basic question and I need answer on this as early as possible and guidance from you.

I came to this country in Dec 2001 on H1B Visa.

I never applied for green card since then.

Now on Dec1,2007 my H1B expires so I will have to go back to China.

If I file for green card at this point, will I be able to get the yearly extension for next few years till my GC comes?

Am I even eligible to do so?

Can I go to Canada and still work in USA (Since I live close to canadian border)?

With a name like "Savitri Bhave" why would you have to go back to China?!!!

Anyway, your best bet is to file PERM (takes 2-4 months) and go for premium processing of I-140 (if USCIS resumes PP), and apply for EAD through I-485 (if your PD is current). That way, you don't need to renew your H-1B, but can continue to work on EAD. But as you can see there are several "ifs" in this entire equation which no one can answer with 100% conviction.

Try talking to an attorney to see your options. If this doesn't work out, maybe you can leave the US for a year and reenter again. Of course, you will have to start your GC process then.

Thanks,
Jayant

hello,

I am trying to book an appointment for h1b visa stamping at the Chennai Us consulate for Nov 29th but I see no dates available for Nov 2010 for Chennai.

Ony calcutta dates are available.

Can I book an emergency appointment in this situation?

I have been on h1 for the past 3 years.First came to US in 2004.Visa expired in 2006.

Extended h1b here in USA..Now going to India for the first time after visa expiry.

Also, for the stamping, should i carry all old LCA's or just the latest one?

Thanks,
arthi

Lot of people in IV and also some of my friends expereince now in stamping Visa are totally different ones, So you are ok if you are having the H1 of the company you are working for if you are doing a consulting job. Be prepared to answer some of the queries consulate can ask like.

Details of all employees working for your company, their payment methods.

Company tax filing etc.. un-necessary questions.

do not want to scare you, Please take all the documents which is possible to carry!

Best of Luck.

May GOD Bless.

I am EB3 Dec 2006. I have changed JOB on EAD, I did file AC21 through my new employer. my new employer has already started the EB2 processing.
I would recommend you the following -

make sure you have all the information i.e. previous Job Description which was used for labor filing or the job code on your labor certification.
You have a copy of I-140 approval
your current salary offer is good to qualify EB2 prevailing wages (does not matter a lot but good to consider)
you get an experience certificate describing technologies, skills you will use for future labor filing advertisement.
Thank you my_gc_wait.

Regarding response #1 and your comment about AC21 portability, there isn't anything the employer has to do, correct? I believe, if the new job requirements is same or similar, there should be no problem with AC21.

Also, what can I request from the employer other than the job advertisement itself as evidence to make sure the position suits EB2 requirements.

Also : 140 gets rejected in following cases:

1. Degree compatability
2. Exp + degree in EB2
3. Financial ability of firm - this only with bad records

i dont see any other reason why 140 should be rejected i am not over optimistic but any one can comment on these it would great.

BigBoy, it can get an RFE bcos of insufficient evidence to support "EB-2". A rejection can also happen for trivial reasons e.g. my labor cert was first rejected for a typo (incorrect date), and we had to re-file a week later.

I spoke to my attorney/HR and they are ok to premium process my first I-140 (which is categorized incorrectly as EB-3 by the paralegal, although the covering letter for that I-140 clearly says EB-2.)

But my Successor in interest application cannot be premium processed as the original labor app was attached to the first I-140. Apparently there is a rule you can only premium process an I-140 which has the original labor cert attached.

When I asked my attorney if USCIS will return the original labor cert at the end of the first I-140 decision, she said NO, it is not returned!! Is this true? I was hoping to at least get hold of that original labor cert, so that if the I-140 is somehow rejected then I could use the original labor cert to file a new I-140 successor in interest application under premium processing.

Comments/suggestions welcome.

Thanks!
Abhijit

previously discussed.

check out my post and gc28262 's response in the following link

http://immigrationvoice.org/forum/showthread.php?t=23111&page=2

I believe you need more than 6months of stay for it to be called as continous presence. Anyone shed some light.

I believe he just meant to say "not possible with one 140".
He just mentioned it in a confusing way.

"A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date."

The petition mentioned here is an I140 for EB1/EB2/EB3.

So it doesn't hurt to have more I140s approved. Whenever you do a "subsequent" petition, you just claim the earliest priority date (of the already approved ones).


I understand two I-140s, one existing (EB-3) and second new I-140 (EB2), but you have also mentioned more. Why need more than two, in what circumstances?

800-375-5283
Options 1-2-2-6-2-2-1

u need to tell them that ur app was filed around 90 days ago and u wil get transferred to an 2nd level IO. She will ask you ur full name and DOB. If she finds you in DB , she will verify ur address or mother's maiden name.

Thanks for the info, i too got my recpt# by calling...

It's very sad we depend on this bloodsucker employer (former H1s) who setup the shop and leave you in the lurch when they can't squeeze any more of your blood!

You may complain with DOL, but I�m not sure about any statutory limit to file the case.

Good Luck!

Please note I joined his company along with the current the project, only for faster GC as he promised. But when I came back from India, It took a month for me to find a project. He didn't do marketing and then I realized the mistake of joining him (I assume he must have been consulting somewhere and just enjoying with my free $$$). And while I was looking for the project he threatened to cancel my H1 if I don't find a project soon. Now I'm not sure of you stay with someone who is ready to cancel your H1 in your bad times?
. . .
But now my issue is since he cancelled my I-140 I cannot get my H1 renewed. He should have left it there, I didn't complain about him and fed him.

Now I'm mad since I'm stranded, and if possible complain about him.

I need HELP.

Sure. Tell me exactly day and time. I will make sure I am miles away from that. I just don't want to be identified with the "amnesty bill" since that is getting increasingly unpopular these days.

I guess not, if it is legal!
Just don't shoot anybody now. That might have a negative impact!!! :D

Guys lets not piss off bharol. He's got a gun!!!!

Hi,

I have Green card. I was wondering if owning a Gun legally can have any implications in getting citizenship later.

I found that in California, where I live, it is legal for non-citizens to own a gun.

Confirmation Number: 56Y67421A1299244L.

thank you

Donot panic about everyting.
HTH

Thanks texcan for your encouraging reply. What you say makes sense. Thanks.

pozycjonowanie (http://www.clpik-studio.com)

one way to see IV's friendly faces ....

...they want to distribute them judiciously.


USCIS ... judiciously???

LOL

Congratulation to all EB2 who are getting their approvals. Have a wonderful post-GC life :)

When will, we EB3s (India), see some light at the end of the tunnel.

Looks like (in my case) after waiting for more than 5 years it will still take 3-4 years. I am mad :mad:

I did not Change status, I extended h4 Status; In fact USCIS gave us the approval and now we are again waiting for her EAD renewal to come in soon.

Its been less than 100 days....

Did she get Paystub, If not you are good.

I don't think she can have both H4 & EAD. But once she started working on EAD and got paystub....Paid taxes etc.....I'm sure her status will be EAD and no H4 furthur...By any chance if USCIS got hold of it. Might cause problem for her 485 approval.

USCIS gives whatever we ask for. We should be careful and take advise from Attorneys. Not one 2-3 Attorneys as some of the attorneys have limit knowledge. Best suggestions your Employer if he has good knowledge.....As they might have seen lot of cases for their employers.