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And shat exactly is the point of this discussion again? More ranting?

You know, maybe few people have noticed this, but when it comes to selecting the "lawyer", you have to pay, if you want your own lawyer. A lot of ppl are very happy that the company pays. So people want their cake and eat it too. They want the company to pay for the lawyer, BUT BUT they want the lawyer to work for them and even let them, when they can leave the employer without negatively affecting their GC process.

The problem is not just the lawyers or the HR ppl guys. The problem is also partly US. If we were to insist that WE pay for the process and we hire our own lawyers, we would have a LOT more control on the process. However, I understand that not all of us have that option, but then those of us who do not have that option, have to thank their stars that they did not end up paying close to $10K for this whole process. Face the facts guys, if your company is paying ur lawyer, ur lawyer is working for them NOT you. Your company and NOT you is the lawyer's client, so he is LEGALLY REQUIRED to serve them and NOT you.

We curse the USCIS everyday (I do too), but we have to admit, they have done an EXCELLENT job these past few months and almost everyone I know has received their EADs, APs and FP notices within the stipulated 90 day period. Let us commend the USCIS for that. We criticized and cursed them when the the time had come to do so. Now they have done a good job so let us commend them for it. Some USCIS centers are even doing actual finger printing on Saturdays (in the state of CT. My friend actually did his on a Saturday). They do not have to do any of this, BUT THEY ARE DOING IT.


About HR, again we all hate them, but they do the best they can. Ah what the heck i'll give you guys this one ;) Go ahead curse away :p. Although I will say this, some HR ppl are rather helpful. I have worked for 2 companies and touch wood both helped me a lot with paperwork and were quite prompt.


I would say USICS and Lawyer are OK, but HR - no way. Very few HR are helpful. Usueally HR in small companies are quite helpful. HR is the most influential person in an organization. Never never assume HR helps you. If HR talks sweet - then it is most dangerous - they can mess with your lives. The HR in my first company was the best and I have never seen such people anywhere else - he was good because he was basically and MBA with HR experence. He used to take independent decisions and used to do "what he feels is right" and manage his bosses well - such are rare find. Most HRs are difficult and dangerous to handle. If something goes wrong and you approach the HR, HR "though is supposed to help you" will pretend as if he/she is helping you but will work against you.

It may sound silly but in one of the company I worked, I had issues with the travel agent who was giving me tough time (mine was a travel job) and the HR screwed me big time because of her friendships with the travel agency (very popular one) whereas I thought HR would actually help sort issues.

Many people fail to realise that the corporate world is very selfish - companies want you for your skill - when they give you a job it means they are paying for time and skill and they do not have any ties with you. You must know how to play your cards and always watch your back.

Lawyers and USCIS are just external entities like the travel agent I mentioned above. They will be happy to work with you if they have a choice. So it is your choice.

Good job Buddy

Thanks to all who responded.

Interesting. My Labor says
14) Education BS,
Years of experience 3

15) Other Special Requirements "MS + 1year" OR "BS + 3 years".

I have a MS. My lawyer says this is a EB3 application. 140 still pending. The receipt however says "Skilled Worker". Any possibility my 140 gets approved as EB2?

It depends on the Minimum Requirement, in your case it seems like it was BS+3, which is less than MS or BS+5 , therefore it will be EB3.
If the job description says, min education is Bachelor's, but Master's is preferred, it is still EB3.
If i recall correctly, the "skilled worker" category is EB3, you can check this on the USCIS website under the Laws & Regulations link.

Have you contributed to the MILLION dollar drive? Please visit the funding thread!

Thanks for asking Pushkar. I did.

IV gurus Please help.

My friend joined an X company short time ago. He was about to file GC with that company. The company laid of people in the last week.
Now they are saying to my friend that they cannot file for his labor as they have laid of people and they have to wait 6 months before filing.

Is it true if a company laid of people it should wait 6 month before it files for labor again?
Is there a way to avoid the waiting period.

My friend is in 5 th year of his H1B

Thanks

I went thru the same thing 5-6 years back, Big blue(IBM) was laying off people they were not filing for LC's for 6 months.
I guess, your friend needs to find some company to file his GC while he still continues with his current employer. Once LC is approved, he can opt to join the LC sponsorer employer.
GCCovet

My company filed my green card and have applied for 485 for me and my wife on July 19 with July visa bulletin reinstated. We have also applied for AP and EAD for my wife. We both are on H1 at this time. My wife' job is going to end by month end.
Does she need to file change of status to H4 or it is fine to stay in US with AOS pending status.

My 140 is still pending

As far as I know, if a 485 is pending, a person can continue to be in the US without a visa. So she would not require a H-4.

All the same, I would still get a H-4 as this will be advantageous as,

1. Your receipt has not yet arrived. What if the Application is rejected for initial evidence problem?

2. AP takes a long time to come and she has to make an urgent trip back home?

3. 485 gets denied by mistake. She has to have a valid status to fall back on, so you can file motion to reopen, etc.

The chances of any of the above happening are low, but it is better to anticipate trouble and be as prepared as we can.

Not before you give yours back. you are a temp anyways. you don't even have to surrender your gc.

Practice what you preach.
BTW myself and majority of members on this forum hasn't replaced any American worker.

If I check my case online I see following

On July 24, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail ...

On Receipt Notice I-797C -Notice of Action I see following

Received Date : June 25, 2007
Notice Date : July 25, 2007

I dont know why online case status says that "On July 24, 2007, we received ...."

Do anyone of you see such date mismatch.

Thanks,

Yes, this is very common. See my post of 01/23/2009 above. In my case, and many others, this difference is of several months (RD is July 2,'07, but online RD is Oct 11,'07, which made me down in the list for processing sequence by 1000's of cases)

My 25,000 AAdvantage miles to IV.

Jasmin - Thanks for ur reply. I know there are several posts regarding pay-stubs. but I was un-clear with the pay issue after filing I-485 thtz why I opened a new thread. I am sorry if it is not appropriate.

But I ve seen in some of the posts where ppl say that we can be on vacation, self-employed etc etc...what does it mean? do they still need to produce pay stubs....My Pd is Nov 2006 it may take several yrs..do they really dig deep from there to my first entry?

Its always safe to have paystubs for atlease 180 days after your 485 receipt date. If they call you for an interview at local office during adjudication, which may happen after anywhere from weeks, months, or years, there are chances that you may be asked to produce paystubs starting from month before interview date all the way back to your first H1 entry into US.
Please do not open new threads for these question for which there are several thread opened and are being discussed thru. Why don't you ask this question on one of those post?

They may ask you whether you are going to work at the employers location or whether you are going to work at some third party's location. In the latter case you you may be asked to submit a copy of the contract between the end client and your company for your job specifically. Your previous denial may have an impact but your new case should not be rejected if you have sufficient documentation. Only if the previous denial was because of a "fraud" should it become a difficult issue for you to get a visa because i think such cases have a limitation of a few years before you can re-apply.


Hi Suresh,

thanks for your time and effort to thoroughly answer my questions.

I guess my denial last year is due to poor project document given to me by my company. They initially gave me just 1 page letter describing the project and I was issued 221g to submit the full project report along with other company docs and later they denied my case.

So this time, I believe the VO must be aware about my denial reason and they are definitely going to ask me about the project report and I must take the full project report (containing market analysis, project proposal and other information) around 30-50 pages with me. I will also be carrying all other company docs such as IT returns of last 3 years, wage reports, compay location photographs etc..Do you think that should be enough?

Thanks.

Tomplate,

My lawyer had also asked me to keep 485 receipt and EAD with me, but I was not asked to show anything but my passport and the AP documents. They did not even ask for 485 receipts.

Unfortunately I know this does not answer your question fully, but hope it helps even if a bit!

Thanks for the reply. Yes H1 extension has been applied before I94 expires.
But by the time H1 transfer applies, I94 got expired.
Please let me know if you need any futher information.

That brings up a good point, why do you think all the PDs are moving except India?
Is there really that many applicants from India than China

What if I-140 is approved , and the primary applicant (H1) is waiting for the PD to be current, and the dependent wants to go to school. Will this have any impact on the GC process?

Shirish,

I guess you are in VA. My wife is in School at Mason. She is on H-4 as well. Send me an email or call me if you need more info regarding this. I can give you more info if this is with regards to Mason.

Ron's answer for "Leavng petitioning employer after the I485 approval?"

http://immigration-information.com/forums/showthread.php?t=4764

Then why do we need an attorney if we are there to correct them. We provide them with proper documentation. They make sure they put it correctly in the form. I can understand if a wrong document has been send and that caused the error but otherwise what are they for.


When the papers are prepared, attorney will send it to the candidate to review and sign it. Dint you find the flaws then? if not, then it is your mistake and the attorney will bill you for sure.

My attorney sent a draft from for me to fill it out. I filled it in and sent it back to him. He filled the original seeing the information from the draft with lots of mistakes. Then he sent the filled original to me. I have to review it again and fix all the errors. Then he corrected it and sent it back to me. Then again I have to review and sign. So the responsibility lies on me and not with Attorney.

My HR called DBEC to get the final status of LC. They replied that "notice of forward" had been issued and since there is no query from that position. They have asked my Hr to call in 15 days to hear the final status.

Have you guys heard anything like "notice of forward"( it was something like this)...

These LC people in dallas are killing me..!


DB

Yes. You can go for H1b stamping even though you applied for 485 . Not sure above your 2 ns Question

When was this initiated and when was it cleared?

I got name check information atlast today. Its cleared
Still waiting for GC Approval. God knows when it will get approved.

Labor Priority Date: May 24, 2006
I -140 Approved: Oct 2006
I-485 RD July 2, 2007
I-485 ND Aug 27, 2007 with SRCXXXXXXX