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www.immigration-law is reporting that PP for I-140 will be re-instated when approval is needed for H1 extension and less than 60 days are left 'till H1 expiration.

A small step in the right direction.

New filings will not effect to move the dates either you file on 1st or 30th. The Visa(GC) numbers will be deducted only after the approval of I-485. Any of these new filings will not be touched(Approved) for 4-5 months. USCIS has to consume the balance visas(GCs) before October 1st 2007.

If The Number of Visas > The number of Approved + To be approved(Mostly filed at least 4-5 months before) in the coming months.....then you can expect further movement from the State Department..

Ask(Pray) the USCIS(God) not to approve any 485's till June 15th....

So...there will not be any change in the movement of dates even all of them file on the day 1....Keep watching the approvals till June 10th atleast...

Sree

What you said might be correct, but following the USCIS pattern these days we really can't predict anything. I am still surprised how they freezed these dates for so many months and suddenly opened up these flood gates. Not sure what rules they are following.

They also banned the labor substitution premium processing over night without any notice. :rolleyes:

Now with this new bill drama we can't predict anything.

Moral : Play Soccer

Leave Doctor, Software, Engineering professions... & play soccer.

Is your PD is current ? Goodluck any how.
I have a loooonnnngg wait...my PD is Dec'2003 EB3-I. What is ur PD?

Hi Atty. Ruben, your response has been really helpful and it does makes sense that it would be below the minimum salary required by the LCA. Is there any PDF or citation where I can print out for my records stating this law?

I have to clarify something, the contact was made by my recruiter BUT the Employment Agreement states that it is only between ME and my EMPLOYER. Should I breach the contact it states:

"If the employee resigns OR otherwise breaches any of the terms of this Agreement prior to its expiration, Employee shall be liable for ALL of the expenses incurred by the Employer to tmploy him or her, including, but not limited to, COST OF TRANSPORTATION, FEES FOR PROCESSING IMMIGRATION DOCUMENTS, FEES FOR PROCESSING LICENSING DOCUMENTS, AND ANY FEES PAID BY EMPLOYEE TO A RECUITER. EMPLOYEE UNDERSTANDS AND AGREES THAT THESE COSTS MAY BE RECOVERED BY DEDUCTING THESE AMOUNTS FROM ANY WAGES EARNED. If any party shall violate or breach any of the terms or provisions of this Agreement, the party in default or breach, shall shall pay to the prevaling party ALL COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEY'S FEES, WHICH THE PREVAILING PARTY MAY INCUR OR PAY AS A RESULT OF SUCH DEFAULT OR BREACH."

So Atty. Ruben, I want to know your opinion on this. is this really illegal? Though I signed the contract without knowing about the LAW, do I have the power to dispute this?

I appreciate your generous response.

NaturopathicPT

neither do I...

:::::evil:::::

Guys,

My wife is on first time H1. She got her H4 converted to H1 in Jan '07. I am applying for 485 and she's secondary applicant on my file.

What are the pros & cons of travelling to India in 3rd week of Aug 07, assuming we will get the reciept by then (EB2) ?

We have planned for H1 stamping back in India while she's on vacation.

here's my thoughts on this; If her h1 gets stamped she doesn't need AP. however if H1 gets rejected for some reason, in that case she can stay back in India until I recieve the AP documents. I send it to her then she can travel back on AP. ??

Any Suggestions or gyan on this !!!

-shree

Your wife can work as along the date on EAD is valid, EAD is employee authorization, it not a visa status unlike H4. She can have a EAD and be on H4 at the same time. It does not matter if you filed an extension for H4 but she can work if the EAD is valid ie end date on EAD has not passed.

This is just my thought based on my experience, remember I am not an attorney, consult one if you need dependable answer.

Please dont take risk travelling while the h1b petition is pending.

I would advice not to travel during this case.

I recently renewed our passports at Indian Embassy, Washington D.C . I sent 2"X2" size photographs and there was no problem in passport renewal.

Please visit

http://www.congress.org/congressorg/mailapp/

enter your address to find the senetor of your area.

Fill up your contact info.

Paste the templet:

I am a highly-skilled professional who entered this country legally. I've
been waiting for my US permanent resident visa -also known as "Green Card"
for the past several years along with 500,000 other educated, highly
skilled employment based (EB) immigrants. Many of us have been waiting for
our turn to get Green Cards for 5-10 years while consistently abiding by
all the laws of this country. Such long delays are due to tortuous and
confusing paper work, backlogs due to various quotas and processing delays
at US Citizenship and Immigration Service (USCIS), other allied state and
federal agencies.

Several categories of EB immigrant visa (Green Card) numbers were
unavailable ("retrogressed") since the fall of 2005. For the past several
decades, the US Department of State (DOS) has been publishing advisories
known as visa bulletins once a month to announce the availability of
immigrant visa numbers. On June 13, 2007, after a gap of nearly two years,
DOS announced that all EB visa numbers would be "current" for the month of
July. This meant, irrespective of our "priority date" (date assigned to us
for our turn in the line for Green Cards), all of us were made eligible to
apply for some interim immigration benefits. This "priority date" refers
to the date when our labor certification (documentation verifying no US
citizen worker was available for a given job) had been filed.

Please note that 6/13 DOS announcement would not have led to immediate
green card for most of us; but at least it would have ensured us interim
benefits such as the right to travel and right to work for any employer-
this was still a welcome change. Especially, for dependent spouses who are
otherwise unable to work, this would have translated into right to travel
and work without restriction and thus channel their energies positively.
Several dependent spouses are also highly-skilled.

Tens of thousands of applicants spent thousands of dollars in legal fees,
immigration medical exams & vaccinations & getting various supporting
documents ready to file our immigrant petitions to USCIS, at times
inconveniencing our old parents in our home countries as well. It has been
an agonizing two weeks for us. Some of us to had to fly in our spouses
from our home countries or have had to cut short business trips. Hundreds
of millions of dollars were spent by thousands of immigrants in
preparation of their application. To our shock and dismay, on the morning
of July 2nd 2007, USCIS announced that EB visa numbers were not available
and all petitions filed in July would be rejected.

For the legal skilled immigrants this has been a rather traumatizing and
disheartening experience. These are people that are in the country
legally, paid taxes and followed all the rules.

We sincerely seek immediate congressional/ legislative remedial measures
which would (1)Reduce the enormous backlogs of green card petitions of
legal skilled immigrants (2)Ensure and request USCIS not to reject our
immigrant visa petitions filed in July and provide us interim benefits of
a pending immigrant visa petition. We make this sincere request with the
hope that people who played by the rules will be rewarded.

Sincerely,


XX

You will receive confirmation from senetor's office.

Thanks

Yes. while applying for my new labour My lawyer and my company told me "I can not work from home". I think due to the new restrictions and everything lawyers doesn't want to take any kind of risks any more. (Means that's what I interpreted.)

Commend your initiative

CNN-IBN covered our Issues at the Meet and Greet Event in Washington DC. Here is the full story -

http://www.ibnlive.com/videos/fullbvideo.php?id=10788

Came to US in 2004. But never was after GC. Applied in Feb 2008 EB2. So does not look like will get my GC in next couple of years.

'cooler' has well said that value of GC has changed as life has progressed. Now thinking of going back as parents getting older. Plus daughter has US citizenship. If she wants to come back here, that is her privilege.

Completing 40 SS credits next year. So can return after that. Bought home in 2006 at the peak of the buble so getting out of the house is probably the only hurdle left.

I was reading at immigration-law.com that a new bill SUSTAIN act is introduced by Lamar Smith in the house and is referred to the judiciary committee. This bill seems proposing the increase of H1B numbers from 65k to 195k. Does this bill have any EB related measures? This bill may be unlikely to get voted anytime soon but if it has some EB measures at least we get some exposure.

You can try re-sending the pkt with a label in bright color with text "Not to be opened by mailroom" so the package can be opened by an IO..Include a cover letter with the details/proof of your earlier application....You can give this a shot but its solely upto the IO to decide whether he accepts your application or not..In the meantime, I would also start a fresh LC process....Sorry about your situation, but there is nothing you can do.....One more case of lawyer screw up......