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Hi Everyone,

Thanks for your replies. I called a couple of lawyer offices and this is the response i got.

For the candidate to switch jobs here are the rules:

1) The labour in the new company should be filed 365 days BEFORE the end of the second H1B.
AND
2) To keep getting 3 year extentions, your I-140 in the First company should be approved
AND
3) The First company should NOT revoke your existing Green Card application.

Sorry to hear about your friend's situation.

From your answers it looks like she is on H-4 which is dependent spouse for H1B.

If she is qualified enough ask her to find a new employer who is willing to sponsor her a H1B.

She can transfer her status from H-4 to H1B and it will not be counted against the annual H1B quota.

Once she finds new employer she can start her GC process.

If she cant find job here and be in H1B status, the only option is to go back to her Home country...or another option is to remarry with someone who has legal status here and then she can derive the dependent status.

My name was misspelt on my FP notice as well.when i went for FP couple of weeks back, they could not make the change there.I told them about the name misspelt, they informed that I have to call the 1-800 number and get it changed.

When you mark your calendar, mark it for 182 days to be safe. You never know USCIS and these employers.. Keep yourself safe from all the complications that might arise if you leave on 180th or 181st day (whether first day is included or not, can I leave on 180th day or do i have to wait for 180 days to complete blah blah.. ) :)

To be very very safe, make it 180 Business days.:D :D :D

Just had an infopass appointment.

Me: Can you tell us the status of our 485s?
I/O: Name checks are pending for both
Me: Do you know when they were started?
I/O: At the time your application was submitted (duh!)
Me: Would our applications still be processed?
I/O: Yes, they are at TSC(duh!) and they are aware of the 6 month rule
Me: Are they assigned to an officer?
I/O: Right now they are with the officer"s" at Texas, as recently as July 31st, not too long ago.
Me: When do our fingerprints expire?
I/O: blank

I had enough by then.. dont think anything will happen to our apps this month. My wife will get a RFE, because of incomplete medicals (Xray), I was atleast hoping to get that RFE this month.

Unseenguy, Thank you for the good, satisfying answer.

I have few questions:
(1) Let me allow my present company to file I-140 as regular processing (mark as 'I-485 processing' in I-140 part IV) and change it later, using I-824 to convert from AOS case to Consular processing for using AC-140? This is faster and easier. Whether my understanding is correct?

(2) What documents one needs for filing Consular Processing? Is it the same set of documents for filing I-485?

(3) I hear that one needs to get police clearance certificates. Where does they come from?

I look forward for your reply,

Thank you

The online status of my package on USPS tracking page shows same message as yours. It just struck me that how can a certified mail be delivered to the agency if one is sending it to a PO Box. I mean how can USPS get a delivery signature from a real person if the address is not a physical address, but a PO Box number. Any thoughts?

I dont know if other Folks have seen the same thing. My renewal EAD application has reached Texas (TSC) today June 5th around noon by USPS Express Mail but the status says

Status: Notice Left

We attempted to deliver your item at 11:16 AM on June 5, 2008 in MESQUITE, TX 75185 and a notice was left. A second delivery attempt will be made. If unsuccessful, we will hold it for five business days and then it will be returned to the sender. Information, if available, is updated every evening. Please check again later.

The address where i sent is
USCIS
Texas Service Center
P.O. Box 851041
Mesquite, TX 75185-1041

Any clue what may be going on - this is another round of fun :confused:

Left messages to all the listed folks.
Hope my voice messages won't end up in Junk category due to my odd hour calls!

Hello :

Does the core team who have their boots in Washington have any knowledge of the date when the CIR will be introduced by Mr Kennedy . Days have turned to weeks then to months and we have been just hearing stories of the bill getting introduced "Next Week ".The press is spilling gallons of ink and the onliners are creating Gigabytes of forum data on Immigration Legislation and its outcomes, but nothing seems to come out of Capitol Hill , they are just going around in circles .Are they actually going to do something this year or is it just another eyewash ?

Its very sad that such employers exist. What did your lawyer have to say regarding this? Is the lawyer appointed by the company or yourself? If the lawyer was apoointed by your ex-employer, I think the safest thing is to get your paperwork and move to a different lawyer to represent you. Please do not panic, fight it out.

I'm EB3 (ROW)...PD: May 2006. My I485 is pending more than 18 months and I140 is approved a year ago. Recently, my boss fired me. I left the company and got a better job within a week. thanks god.

Now my ex-employer is calling my lawyer and bringing some alligation against me and asking my lawyer to withdraw my case. He also mentioned to my lawyer that he is going to call the immigration and take action against me by withdrawing my case.

1...Does anyone have any idea how the immigration going to react after listening to his alligation against me?

2...by submitting any paperwork to them can he hamper my proessing?

3...Do i have anything to scare about?

4...what should i do now?


This issues a very crutial to me now. he is one of those nasty desi employer's who underpaid me last 6 years not just acting funny when I'm asking for my rights. He setup the whole alligation against me and have some office staff working and supporting him.

I need help.....please let me know what should i do....please people help me....

The worst hit 140's are EB3 (and that too mostly in NSC and some in TSC). Not a single NSC EB3-140 is coming at < 400 days.

EB2 is coming still okay and EB1/EB2-NIW are pretty quick. So i dont see a good quantity of benefit by allowing Premium Processing only on a thin section of applications ?? It make a difference of few days, not even months.

Where they need to re-instate Premium 140 to give actual relief - they wont do anything.

And not all EB applicants have labor. EB1 and EB2-NIW have no labor. Such applicants would benefit greatly from this rule since USCIS is taking a ridiculous amount of time to adjudicate I-140's.

The following are answers to your questions. Even I got stamping in Singapore. I use to work in Singapore. I came to USA couple years ago.

1 We both are planning to go for visa interview on the same day. So, who should go first so that it would not interfere others interview? Or does it really make any difference?

There is NO order; who should go first.

Even I was married when I appeared for the interview. I did not take my wife along with me to the interview. Usually, Interview officer does not ask you about where is your spouse?. It is up to you to take spouse for dependent status visa. Visa officer always thinks that spouse will get H4 visa processed once after actual H1-B visa is stamped.

Usually, most of us will go for H1-B visa stamping first and later we send our respective spouses for stamping on dependent status.

2 Will visa officer ask any of us that since you are married why you haven't bring your spouse together? Can we say that the other also has h1b interview on the same day?

The only evidence they can ask you is about your marriage certificate and your marriage photos. Even this is for when dependent goes to get H4 visa stamping . But definitely not for actual H1-B visa stamping.

As per as I know (remember), they are not suppose to ask you beyond that. I mean, there is a limit to ask on the questions. Otherwise, No deep personal questions.


3 I am not sure whether my wife would face any questions regarding that she is married and does she have any spouse issues or what if mine H1b is not going to approved? would she still be interested to pursue her h1b or like that?

In your cases; you will be by default be dependent to each other (as you will be mention your spouse information in DS-156 form).

If one of your H1-B is approved; then other will be automatically dependent (in case H1-B is not approved for other).

US embassy in Singapore interview is kind of cool on just like an interview in Mexico. Cool .. Answer to the question asked; All it takes to decide is 2 minutes in the interview process.




4 My h1b was denied last year because of company project document issue with same Singapore embassy. So I am not sure does it going to make any impact this time or not? Any help appreciated.

You have to mention that in your DS-156 form (for any previous visa refusals). It is up to the visa officer to ask you questions on that.

I believe it is US Consulate in Singapore (but not Singapore Embassy)

Try to be genuine on providing information.

It took about 15 minutes; from the time I entered into US Consulate , to finish the whole interview process and go come out.

You donot have to provide information about your spouse that she/he is appearing for interview on the same day unless otherwise is asked by the visa officer.

Answer to the questions asked; don't be over smart and start answering questions.


I wish you best of luck for your H1-B stamping.

I would like to share my experience with the immigration officer in India.
Way back in 2000 when I landed in India, the IE went thru my passport and asked me if I had overstayed my stay in US. (US Visa had expired for over a year my current H1 papers were in my travel bag which had to be checked in because the European Lufthansa staff thought the bag was too big to be used as a carry in). Anyways, I did not have the papers to show and I requested the office to let me go to the baggage claim area to retrieve my papers. I don't know why he was suspicious and he said and I paraphrase "I am going to impound your passport, If I don't see those papers as you have overstayed your visa".

to be continued.....

i am not sure if my lawyer has the receipts. my case was sent on 6.29.2007 and received on july 2nd.
i got my FP notice (for my wife also) yesterday in mail for 9/25 appt.
from the receipt number on FP notice i checked it on USCIS website. it says that they received the 485 app on 30 aug. and the LUD on 485 is 9/3.

Did your 485 get transferred to another center?

I am asking because my 485 was filed in NSC, went to CSC (along with my EAD and AP) and I got a transfer notice from CSC that my 485 has gone to NSC and the RD is 28th (I am a July 2nd NSC filer). Trying to gauge if my 485 receipt notice will have Aug 30th or July 2nd date.

TIA

i have signed non compete , but when i signed it , he explained me that i should not go to the client through some other vendor , but i can join end client as end client has contract with Prime vendor that they can hire me full time .

But now he is claiming that i cant join full time with the client as well.

During my stay with that employer , he newer paid me on time and once he held my paycheck , just to harass me.

Do you think that these grounds fall under employee undue stress to be sufficient to turn down Non Compete in court ?

Didnt you read the paper before sign the paper. Also dont you have the copy of that

yes, everyone at hill knows that we pay taxes/abide by the law and still gets screwed because we dont have any representations!...
why is NumberUSA and other groups on CNN/FOX and other channels and our story is just passing comment..

we need to confront these people with fact check; like there is a thread for Lou Dobbs fact check.

Thanks everyone who showed up. We actually did better than we had expected.

A total of 55 letters signed today, and will be dispatched tomorrow to the White House and to IV.

Go NORCAL, go IV!

your description is pretty vague. please provide more details of the precise job description in the labor petition, and the occupational classification code in the application.


Hello Gurus,


This is my first post. I had filed 485/140 in Aug. 2007. 140 got approved this March 2008. I donot have pay stub for last 3 months. I am looking for change. My labor is a substituted one( PD 2004). It has skills mentioned of Oracle EBS. I am working on Java/J2EE. I am looking for a new Job with Java/J2EE skills. I am worried that my new offer letter with Java skills mentioned would create a problem for me.

Please Gurus, can you advice me as to whether I can do that? Will staying on bench create a problem, as I donot get salary on bench.

Please help me.:confused::confused::confused:

i tried infopass last yr,it didnt help;they said uscis will take it when its up for approval.current pd doesnt matter;it matters only if its approved and waiting for visa number

Its not the question of opening borders, its more about how we sons and daughters treat our parents and cater to them after we go back home from work.

All they want is a friendly and meaningful conversation and respect once a day.

It is time USA opens its borders to allow more people from good cultures like India to come and settle here. Americans can learn family values from Indians. If America restricts immigrants it will turn into a country of bigoted, nepotistic creeps who will export their ugly culture of disowning their own parents to our shores and around the world. Programmers have long enjoyed high inflated salaries that are unreasonable. These salaries now need to come down and be competitive globally. Time for a 'change' in immigration and congress to open its arms to immigrants who made this country so great. It is time to make Kennedy's dream a reality. Indians who settle here need to have loyalty to their culture and should not become Americanized. Take the good things from this culture and not lose your own good cultural values that made India the best country in the world until the gora British came and ruined it.

^^^^^^^^^^^^^^^