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Woo hoo!

Some really great entries here. Good luck everyone :D

I changed my adress after filing I-485 and I-765, thru online using AR11 form
Its prety easy and we got our new EAD cards to new adress.

I-485 - July 2nd
I-765 - July 2nd

Receipt notice Aug 29

Change the adress online on Aug 30.

Recvd conformation notice from USCIS on sep 6th. saying adress changed sucessfully. To the new adress.

Recvd EAD cards to new adress on SEP 10th.

so its very easy. nothing to worry .

Visa Bulletin For May 2011 (http://www.travel.state.gov/visa/bulletin/bulletin_5424.html)


Employment- Based All Chargeability Areas Except Those Listed
CHINA- mainland born INDIA MEXICO PHILIPPINES
1st C C C C C
2nd C 01AUG06 01JUL06 C C
3rd 22AUG05 15APR04 15APR02 08SEP04 22AUG05
Other Workers 08SEP03 22APR03 15APR02 08SEP03 08SEP03





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Well, this shows the reality of demand for visa and a dire need for a solution.
Well, Congress will stills get paid even if the Govt. is shutdown and they do something!!! about this along with the tons of other items on their to do list :mad:

I use notepad, so I think we should have a notepad forum.

Hi Gurus-
One of my friends had received strange letter from the consulate saying that

We are obliged to inform you that petition for temporary employment for xyz InfoTech .has been returned to the department of homeland security(DHS) for reconsideration, in your case you did not meet the necessary criteria of the visa category, we have asked DHS to revoke the petition.

With this letter we are returning your passport. no additional information or documents are required from you.

We will contact you once a final decision has been made on your application

Please advice me why they send this letter and what necessary action we need to take..


Thanks
Aj

I would really love to hear comments from ppl who can relate to this possibly with some first-hand experience in going through this stage!
My labor cert was filed just this February (been about 8 months now). The application was put in as EB2 with the minimum requirements being - Masters + 3 yrs, or alternatively, a Bachelors + 5 yrs.
Now the law firm has contacted my manager asking her to prepare a "Business Necessity Statement" for a "POSSIBLE" audit! (note the word "possible", its not really an audit yet). They want my manager to explain why a Masters and 3 years is better than a Bachelors + 5 yrs for this job, and stuff like that.
Preparing a business necessity statement if there was really an audit is understandable, but this request from the law firm makes it look like they're more than certain that there will be an audit on my application. Have things gotten that bad really? Or is our law firm just pre-emptively preparing for the worst? Just to let you know, there are other ppl at my office with my similar job profile, whose labor cert has also been applied for as an EB3 (requiring only a Bachelors and work experience).
How scared should I be realistically about the possibility of an audit? And how realistic is it in this day and age to actually get an approved labor cert after responding to a business necessity audit.

Also, here's an excerpt from the email that the law firm sent to my manager. Can anyone of you suggest what kind of "additional documentation" they are talking about including with all the explanation for business necessity?
"All business necessity arguments must be evidenced via supporting documentation. Please note that the DOL prefers “independent” forms of documentation to statements from or information created by <companyname>. Make sure to be reasonably specific and identify the sources and bases for your assertions in the context of <companyname>'s business. Independent documentation that contains financial justification(s) to substantiate the business necessity argument will be particularly helpful."

It's time to tell CNN not to give a platform for racists.

Drop Dobbs: Halt the Hate (http://www.dropdobbs.com/)

Please sign the petition
Take Action (http://www.dropdobbs.com/take-action/)

"Drop Dobbs": CNN Pressured To Give Up Controversial Host (VIDEO) (http://www.huffingtonpost.com/2009/09/16/drop-dobbs-cnn-pressured_n_288506.html)

Please also post this to other web forums, facebook, twitter and send emails to your friends and colleagues asking them to sign the petition.

- JK

Can he add an amendment to divide spillover equally between EB2 and EB3 India. This will help a lot.

Your comment is deplorable. Any step for legal immigration will help you.
Please focus on what is being done, instead of dividing the community.

Hello Gurus,

If I have an approved I-140, approved EAD, 180 days have passed since I filed my 485, and I have a "similar" job offer from another employer, can I take up the offer from the new employer by transfering my H1B (which will be in 7th year from Jan 2008) without affecting the AOS/GC process (in other words without having to use my EAD) for new employment ?

Thanks in advance for your replies.
/

I have a similar issue, Applied for a EAD that is expiring in Sep08 on June10th08, Got EAD approved from NSC on July7th and saw that the new EAD Card is valid from 01/01/08 to 01/01/09, so in effect its extended by 4 months.

Planning to call NSC to see what I can do,

call USCIS and ask them about the problem. If you get a good IO, they will open a ticket to consolidate. Try until, you get someone who sounds knowledgeable. Then take a infopass at your local office after a week to see if that helps any. I did that and took a infopass for this friday to check at local office. My PD is nov 2004. I will keep you posted.

They would however have to disclose that period of out of stay when they file the GC as G325 A asks for all status history. In other words, you will get screwed.

Whoever has some approval by means of luck or fluke does not make it the law. They will take the bite when time comes. A COS is not the way to go. A visa stamp or travel and re-entry may be a better way and note that it does not erase any earlier out of stay period.

Guys,

Pls participate in the survey for your own good. We need these figures to show the worth of our community to whom it may matter.

I would appreciate if any of you could shed light on the following scenario:

If 485 is pending for over six months and someone switched the job using AC21 for a position which would require extended stay [upto 2-3 years] outside the US. Would it any way impact the GC process? Given that priority date is 2007, it is unlikely(?) that 485 would be adjusted in that time.

Thanks

you will need to come back to atleast get AP approvals (AP expires every year), and if you are served a fingerprint notice, then come back for that. If you are going to be definately out for the next few years, another option is to do consular processing; talk to a lawyer it depends a lot on your specific case.

Satish,
Did you see these updated today (2/21) ?

Where did you see that ??

Thanks

>>>You can travel on your current stamped H4. In fact, I'm not sure if you can even get the new H4 stamped now because they say that you can get the new approval stamped only 10 days prior to the expiry of the current one. In other words, you could get the new approval stamped after 6/10/2007 but I do not know how strictly they enfore that.


I got stamped in July-06 while my existing stamp was valid up to 12/31/06..

Have you done this ...or do you know some text that say this /....can have a 3 yr extension based on the pervious 140 ...

That is from 2007 to 2010 ....Thanks

3 year H1 extension from date of application (for example: June 2007 to June 2010).

If you move to Company B, you need to restart GC (i.e. new LC and new 140). One can port PD from old 140 to new I-140, however there is a risk involved if the previous I-140 is revoked or canceled.

--------------------------------------------------------------------
Please verify details with your lawyer/attorney. This is just my opinion and not be taken as legal advice.

Good to see this bill and it will be great if it is passed even with less than 60% allocation from the lottery program. I don’t think they would completely eliminate lottery program and the lottery program might have their own advocacies. As mentioned in this thread they might have the lottery program for many reasons. I am hoping for the bill to pass as it is :-)

Regarding satyasrd’s question I think section 2 . line #15 thru #19 in the bill (I copied the text below) helps who obtain the advanced degree in USA before 01/05/2011 (preceding the date of the petition) and obtain the degree within 5 years you should be good to go. Others please correct me if I am wrong.
15 ‘‘(ii)(I) obtained such degree within
16 the United States during the 5-year period
17 preceding the date on which the petition
18 filed under section 204(a)(1)(F) for
19 classification under this subparagraph is filed;
Regards,
KVHTMBA

can i get a h1 done from a desi employer just to protect the h4 status and join the other company thats offering me a job with my ead.

the h1 from the desi employer will not be having pay stubs but thats only to get h1 status.

For you or for her? Getting a H is not easy (you will have to wait till Oct 2009) and maintaining a H without paystubs is not legal either. Should be far more easier & quicker for her to get a F visa.

In general, avoid getting into risk situations that you cannot get out of. In the long run, being safe with immigration matters and resisting the temptation to make a few extra bucks will be more beneficial.

Well, I understand that. But, when the stars line up finally, I don't want to see my application having problems because I used a pre-approved labor.

it would be encouraging to hear from folks who got their GC and used pre-approved labor. Years and years of wait should yield something, and just not plain disappointment.

Not sure if there is anything you can do about it currently. Your lawyer may be your best bet to know obstacles may come your way - if they do.

Its not 40,000 labor or 140's dude every GC is minimum 2 (applicant + spouse) in some cases if you add children then it can consume 3-4 visa's from the quota and that is what is making the line even more longer.

If I assume that every year EB3-India gets 5000 GC-Visa. From 2001 - 2008 Total = 40,000 EB3-India Visas

Is number of applications in 2001 and 2002 is > 40,000.

Its very hard to believe.