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Kumar,

We understand your concerns. Please double check whether you can apply for COS(chang of status) alone as you are already here so that USCIS approves such requests. if you are hesitant to go out of the country then you may look for one more option. You got H1B approval so you are excemted from the quota. So, you can apply for another H1B+COS with Company B and you can start using it once it's get approved.


Please note that you cannot come back on L1b if you opt to go out of country for stamping otherwise your last status rule applies.

Hi,

My friend has this scenario and want expert advise from IV members.

- On L1 for 3 1/2 years and H1 for 2 years 3 months. About to complete 6
years in 3 months.
- Filed Labor (approved. PD Aug 2004 EB3), I140 (applied in May 2007) and
I485 (July fiasco)
- I140 still pending

Question:

1. Does L1 period is counted for H1 extention?
2. Can he do H1 transfer using AC21 without I140 approval?
As 6 years are going to be expired?
3. What if the old employer revokes his I140 now? His GC process is invalid?
4. If we leave about GC, Can he do H1 transfer atleast?

Thanks for your valuable suggestions.

Immigration reform is for all.....

1) Path to citizenship for undocumented workers
2) Relief to backlogged EB/FB immigration - pork for us
3) Foolproof border security and enforcement of immigration law - pork for Antis

So it's a win win for everybody. We should support this march and show our solidarity to CIR.

Just allowing filing of I-485 while You are retrogressed, is a boon, so u can get EAD and are allowed to change Jobs in the Same profession

It takes 60 days from the RFE received date to make a decision on your AP. If dec 31st passes and if you don't hear anything from USCIS, you may need to call them.

If it is an emergency travel and cannot wait for their approval, you need to visit the local USCIS office with an appointment.

I am on the same case, waiting for USCIS reponse. Thanks.

ok..from what I have been hearing from my multiple friends and company's attorneys, USCIS has been digging deep into most of the 485s..

Our company guy said, there is some new policy in 485 processing which is causing them to gather lot of other information (I havent seen this policy published anywhere..so thought this guy is bluffing)..but I dont know many ppl have been saying about such RFEs or RFEs which were not raised before are more common now.

Look at my other thread as an example.

Hopefully you resolve it fast

I received one too...just this morning I received emails stating that RFE was sent for me and my wife....mine is a straight forward case
1) I am with the same employer since I applied for my GC
2) Still on H1B
3) No AC21
4) With a very good company ( medium sized) which never laid off any employees so far
5) Not a labour substitution

I am still wondering what it could be...well I guess i will have to wait for a couple of days more to find out.
But, I am glad that atleast they started looking at my case...this is the first time since August 2007 there is an LUD on my case

You are eligible to work as soon as you receive the receipt notice. So I don't see a big gap.

Which service center is this?

they entered on a green form and no, it is not attached to the L1A Petition approval. So, they can just leave and then get stamped coming back in?


They will have to apply at the consulate wherever they came from and undergo an interview to get the visa put in their passport. Then they can enter with that visa in place. If their entry is on record which it could well be a flag may be raised as to the reason for their recent entry on the visa waiver program.

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What this means is that whenever someone posts anything against anyone, Immigration Voice is immune from libel suits or defamation lawsuits, with couple of exceptions (discussed in item 2). Therefore, any anonymous poster saying bad things about their lawyers, employers, or anyone else DOES NOT HAVE TO BE DELETED. Other than couple of exceptional scenarios (see point # 2), we are not liable for content posted by users of message boards, forums, discussion boards etc. Section 230 protects Immigration Voice website administrator and moderator against libel suits or other lawsuits caused by participants who post messages against their lawyers, employers or anyone else. A recent example of such a case is illustrated in 22 page opinion of a federal judge in DiMeo V Max (http://www.law.com/jsp/article.jsp?id=1149152717145).

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Really,I do not understand if you have MS degree why would you be doing testing? You sound like a troll from one of those hate groups.

My I140 and 485 were filed in Dec'2006. I got my I140 approval notice (email alert from USCIS) last week.

Yes, 6 months for the I40 is the usual wait time for that (the usual wait time at THIS time in history that is). It's the I485 that is a pain...

Good Idea!

I called USCIS and I was told that, in (mid) July, NSC and TSC were the only Service centers receiving applns. USCIS has received enormous # of applications in and around mid-July and they are stagnant somewhere in the Service Centers. Applications are not moved from NSC to TSC. They are in the service center where they were sent.
They may be in the system by the end of this month. I guess we'll have to wait, only time will answer.

Congratulations!!!!!

Would you plz confirm us on the Birth Certificate?

Me & my husband got our Birth Certificates in 2005 with all the correct birth details. Do you think we might still need affidavits for Late Registration of Birth?Please throw some light on this as there's lot of confusion going on this.
My BC was issued in 1980 and my DOB is 1974. However, my BC (issued by govt. of Mysore - Bangalore then was part of Mysore then) has a "registered" date as 1974. My lawyer said that since the registered date is 2 days after my birth, there is no problem with the BC.

Hi, I have a quite strange situation here:

I am from China. I have an approved EB2-NIW I-140 with priority date of 2/2008 and an EB1a 140 petition denied on 8/4/2010.

I filed an I-485 concurrently with my EB1a, along with EAD applications. I got my EAD on 11/2009 and used it to work already.

The strange part is, my I-485 case is still pending, even though my EB1a petition is denied. In fact, I received RFE for quality photos two weeks after my 140 was denied. I think this is a USCIS error because they think my 485 was linked to my EB2-NIW case.

Now, am I staying in the U.S. illegally even though technically my 485 petition is still pending?

Thanks for all you comments.

I observed this repeatedly, a gmail user "prakashnetmkt" has been deleting all data repeatedly and I believe intentionally. I have reverted back to the old revision again.

I have modified some permissions, so now you do have to login to be able to edit. Still it is easy to mess up the data if you want t

Link below:

http://spreadsheets.google.com/ccc?key=pQG8H7vLQOz5-YnFYQw71PA&t=6902263567496904009&guest

Congratulations... have an awesome party... :)

Did Anyone got 2 year EAD when I-140 pending? There is some stupid assumption posted on some immigration website that USCIS is issuing 2 yr EAD to approved 140 petitions only..
Just want to confirm that.

We got a 2 year EAD for me and my wife and our I-140 is still pending .

Hi PVGanesh,

Establishing that one has had "five years of progressively responsible experience" is really more of an art than a science. Small details in wording or in context can sometimes be critical in painting an overall picture.

Remember that the USCIS adjudicator is not likely to be as tech savy as you are. While you may know that WXY technology is the same as, or includes XYZ technology, don't assume that the adjudicator will. Make sure everything is explained and documeted in easily understood layman's terms.

Similarly, if you worked for a small firm as a "Senior Systems Analyst" and then moved to a more responsible/demandining position in a larger firm where your title was "Systems Analyst", provide a clear and well documented explanation as to why the move represents represents career progress despite the lesser job title.

Whether or not to include your Certificates is a judgment call that can only be made after reviewing all of the experience documents in relation to the specific PERM requirements.

Hope this helps,

Ann

bumping to see if anyone has updates on similar cases...

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