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Congratulations on being greened !

Department of Homeland security doesn't conduct background checks for Adjustment of Status cases. These are done by FBI which is a part of Department of Justice. This news will not be of any value to us.

DHS asks and pays FBI to do the checks. They can do a lot , to improve the situation.

All,
so Please dont jump at this rule , think about it its good for us , I m sure guys who filed their labor late 2007/early 2008 will be thinking oh what happens if July 07 happens again , but trust me thats very unlikely ..Also your 140 will be approved way a head before you apply for 485.

On the Postive side ...Even if July becomes current , people are still good to apply concurrent. Because this rule will come into effect only from Aug.

Cheer up.

I have a question: How many months in advance should you apply for H1 extension? Do you get extension from the date you applied or from date when your H1 expires?

^^^

Can this question be taken for next conference call ? I have seen numerous people looking for answer to this question becasue the underlying law (AC21)pertaining to this issue is very vague. It has not been answered in any previous conference calls.

============================

What is the relation between a 3 year H1B approval granted on an approved I-140 and the underlying I-140 petition ? Specifically, what happens if an employee leaves the company, are the remaining years (out of 3 granted originally) still valid ? What happens if the original employer revokes/cancels the I-140 peition on which the extension was originally granted ? Is the H1B petition based on a an approved I-140 linked to that I-140 in anyway once it (H1B petition) is approved ?

In summary:
Does the H1B extension based on approved I-140, once granted linked to I-140 in any way ?
If yes:
What happens to the H1B if I-140 is revoked ?
If No:
Any law/precends supporting the conclusion ?
================================

Hi,

Thanks for all the questions.

I will answer as much as possible without causing any damage to ongoing efforts. Please keep
in mind that not everything can be disclosed on public forums.

1. Funds:

We have about 30,000 collected so far. Major expense of running this organization is the fees for our lobbying firm QGA. Minor expenses include administrative costs such as website registration(one time), Organization registration in New Jersey(one time) etc. Other than that, we also have some advertising expenses as we put up ads on some popular websites. Sometimes we have to hire lawyers for certain org activities but those are minor expenses again. We are also paying for the webfax feature but not sure how much. Please dont suggest the free versions of webfax because they dont work and they DID NOT WORK during S 1932.

Please keep in mind that we are avoiding expenses as much as we can that results from members travelling to DC and so far all those expenses have been out of pocket.

QGA is currently working for us right now and we do not have to wait until we have 200K in the bank for QGA to start working.

The board members of IV(Board of directors) would decide if all the financial information could be made public to members on website for accountability reasons and transparency reasons without damaging anything else.

2. Labor backlogs:

Labor backlog problem is an administrative problem, not a legislative problem. There is nothing that is stopping the BECs from doing their job more efficiently as there is no quota restriction mandated by law on labors approved each year. That is the reason it is under "Administrative Goals". Would any law help improve labor backlogs? No. can we still involve congress in it? Yes. It is the intention of IV to draw the attention of lawmakers to the horrible job BECs have done so far as it is the constitutional right and privilege of congress to overlook and oversee the job of the executive.

However, if a backlog victims asks: How much of money/effort is going towards backlog and how much is going towards retrogression? I dont think anyone can answer that question. To be frank with you, this is not like cable TV where you pay $35 for basic cable and then you pay $7 for HBO and $7 more for cinemax etc. IF you think you do not want to contribute money no matter what...here is another choice: Use the resources tab to contact your local congressmen, write letters, send webfaxes etc. Use endorsement of Richard Florida. Prepare a glossy set of documents and drive to your local congressman's office(after appointment ofcourse) and talk to their staff. YOU HAVE THE POWER. ITS IN YOUR HANDS. Immigration voice is not a company providing a service to EB immigrants, its made up of EB immigrants who are serving themselves. See the "TEAM IV" menu on homepage.

[B]3. Sharp drop in contributions:

Yes, there has been a drop in contributions since one week. Part of the reason is that we have 30K which many members may feel is still in the bank. But please understand that we are using those funds and we will run out of them eventually and we would like to keep this effort ongoing until we meet our goals. Quite frankly if the current slowness of funds continue, we cannot last very long.

4. Contacting the lawmakers on your own:

Use all the links under resources tab to learn how to meet your lawmakers. Like I've said before, you owe it to yourself, not to immigration voice to work on this cause. Best case scenario of doing something: We make a difference. Worst case scenario: Nothing happens besides a polite reply from lawmakers' staff.

There's nothing new in that website. EB-2 India for entire FY is GONE.. FINIS.. KHATAM... KHALLAS.
....
That forum posting by Attorney says " ...Charles Oppenheim spoke. Mr. Oppenheim is the officer within the Visa Office tasked with calculating visa bulletin cutoff dates each month. He offered the following thoughts as to cutoff date movement in the upcoming months:

In April, India and China EB2 will be set at 12/01/2003
...

So ?

People do not earn Ph.D. for money. A Ph.D. gives you prestige and you literally stand tall in the crowd for the rest of your life. People call you 'Dr.', which has more value than anything. Most importantly faculties NEVER lose their jobs once they are tenured......NEVER. There is NOTHING in this universe that can fire a Professor (excepting criminal offenses, academic dishonesty etc.). They never fear that their employer will ill treat them, not pay them, yale at them etc. etc. It takes years of blood and sweat (and intelligence) to earn a Ph.D. Society treats them with reputation and not no mention they live a peaceful life (professionally) throughout their lives.


Yes true ....its not easy to get into the ivory tower of tenured prof.
Most phds dont make into that. Mainly phds from top schools make into the ivory tower that you are describing.
Perhaps you are working in univ as faculty due to your phd...good for you....but all dont work as prof.

I agree with GCBy3000. You can't be so straight forward with your employer that you will not work with him after this contract, after all he is sponsoring your future permanent job in United States. That said, you can always act smart and leave company after 6 months filing of I485. Tell him that you will be with him and if your PD is current you should file your I140 and I485 both now. If you are not in good terms with him, there is every possibility that you lose everything you gained including your PD.

If he is not wiling to file I485 even though your PD is current, talk to him and be in good terms with his so he files it, because it is worth it. PD current means a lot. Even if you I140 is approved and if you change company, you can keep the PD but only if he does not use that LC for some one else. Don't create an opening for him to make more money for your position replacing you.

South of Brazil sounds good to me but my husband is not open to it and he is the one who is Brazilian :rolleyes:
He is much more in favor of Europe and since I have EU passport we can basically live anywhere and he would be able to work the next day :D I feel like I have put so much effort into this by now that I'm not walking away this close. We will hang on and make decisions once we have GC and options to chose. You are so close! Don't give up now after waiting so long! Is your situation at work that bad? Is your wife working?

any responce

If it is positive you will be sent for a chest xray.
If your chest xray comes back normal you are good to go!

I wud just like to add that shud you travel and use your current visa your new I-94 will be stamped with date June 07. Then you have to extend you H-4 and your old approval will not be valid.

These are just my thoughts. And I am not a layer.

Have a great trip


Thank you very much .

The Indian compnies absued the B1 visa...they are getting B1 visa but brought in people, put them at client location for work. The USCIS/US consulates found this and this is the right reason for your B1 visa rejection. So you wouldnt be able to get the B1 even if you apply again.

I agree with you...B-1 visa abuse by indian MNC's putting pressure on the legit applicants. Looks like its all coming together to haunt. I think you'll have little luck in getting it done considering that you've already spent 3 years on H-1B. They might look at it as you are resorting to B-1 visa to immigrate. Sorry to say this but that's most likely is what they are thinking.

remember the bulk of the pending AOS are from retrogressed countries. So even those from ROW who have not yet filed (and may do so next few years) need to be added to the "pending AOS" in order to obtain the 'real' que size of pending AOS applications.

Ok sorry if I post this in the wrong place. So I married my wife in 2004 and we began the immigration fillings right away. so you know I was turned away at the border in 2000 because I was going to stay with my wife and her family for 3 months.
When they asked why they would put me up for that long, I told them they were like my adopted family. they still turned me away saying that the money I had at the time $300 was not enough to support my self for that time. this was summer break from school. So that is from my record and the officer who interviewed me wrote in his report that I intended to be adopted for immigration purposes. I think he just mis understood me. ok so that is in the noid. when we went to the first interview the woman was hostile towards my wife and I asking about our age and how we met we are 22 years apart in age. we provided her with documents some bills, photos and joint bank account statement. this is all we had in the first 4 months of out marriage. she asked repeatedly why we had not made any major joint purchases Why we didn't have joint health care. both because I had just started working and had not saved money yet.
We had a second interview to which we took the same documents and more. This interview was short. The interviewer was professional and asked alot of yes and yes questions and would stop us from going on more then that. he said that he had to talk with his supervisor and we would hear from him with in six months. So nothing from them from them for 4 years I called the help line once a year and kept up my EAD and worked full time. Then 2 guys showed up and asked to be showed around the house. we let them in and they interviewed us they took some photos and said have a good day.
Then 6 months later we received our first NOID. Stating that I had been turned away the one time and that I had said I was to be adopted. That I was in a relationship with a person that does not exists. They pointed out that there were photos of my wife with her ex-husband on the walls.
So we go see some lawyers talk to like 6 of them and picked the one who seemed best. talked to people in out community friends who had immigrated. ects. so his plan was to withdraw and file anew to get a fresh first interview. So we refiled with a stack of documents 4 inches thick. insurance, all of our bill, tax returns, car payments. anything we could think of.
So we get anther interview dude takes us back to his office. asked me the basic security questions. and sent me away. Then told my wife and lawyer that the first filing was denied and letters sent. and that they never received our letter withdrawing the first filing. we never received their denial letter. He said he would review out case and the new documents. he sent a NOID for the second filing like 4 months later. So we responded to the noid with a letter from my wife and I refuting the noid line by line. And with letters from friends PHD professors at the local collages. about 10 - 15 all in all and we have not had a reply from them. So the layer said that we had to wait on the USCIS to make the next move. is this so is there anything we can do to move this along? should we switch lawyers? we really like the man we have but I dont know its been over a year now.

sorry for the poor grammar its really late here. thanks for your health.

Thankk You Sunny1000. This is very helpful information. I will go to the nearest international airport and get it corrected. Thank you all for your advice. I will post here when i resolved the issue

All,

I have filled I-485 in 2007, PD is June 2006, EB2. I went to India and came back using my AP on 07/16/2008. I was working for the same company when I came back. I have changed my employer in April, and haven't filled for AC21 yet.

Can you please help me with following question?
My Question is: Will it be Okay to travel using Advance Parole after changing employer and not filled AC21? If anyone traveled like this, Can you please let me know what documents do I need to take with me?

I am in the same boat and travelled twice, no questions asked about employment.

Due to time contraints doctor sent me for a chest x-ray and skipped the TB skin test. Chest x-ray came back negative. Question: Is a TB skin test required if a chest x-ray is negative? No remarks were made as to why TB skin test was not given. Should suggest, to a reasonable person, that no active TB is present

My colleague told me that he took only chest X-ray and not done skin test he got his GC.

Go party now!

get relief from retrogression. Capture of unused visa numbers etc will make us ignore how many apps USCIS received.

Good thing is that people will get interim benefits like EAD/AP.

First they need to cope with the scores of petetions, USCIS and FBI.
For how long will they work overtime to resolve this mess? such bouts as the one we saw in the last two weeks of june are short and few. If they are smart they will flush out the approvable cases early without going thru the EAD cycles year after year.
This is exactly opposite to what they have been doing. If there were 60k approvable cases, i wonder what they were doing all this time. Approving those cases earlier wud have allowed others to get in the system earlier.
Additional VISA numbers may not help anybody, if they don't use them properly