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from the immigration rules I got to know that if I-94 is near expiring, then an official from CBP (international airports only) can change it and provide a new one. HOwever, it it is expired, you have to cross border and re-enter to get a new valid I-94.

I will write more as I get to know.

^^^

I see. I thought it was your lawyer that sent all your documents. So do you actually have a lawyer?

My case was filed by a human resource person not a lawer. Human resource thinks I am ok but I do not think they really know the law. I am so scared...I do not know what to do. Ohhhh God..Life...

Thanks for your input, Manderson. My family has been here for four years. We have two sons in England, one of whom is going through the E2 application process, and two daughters, one at University and one in high school. We would all like to stay permanently, but in order to raise the money for EB5, we would have to sell our business and that would put us in breach of our visa conditions.

The half-centrury old E2 laws need to be updated to reflect the valuable economic input of investors. It is unrealistic to expect people to come here, settle their families and run successful businesses for a few years and then go home. Most decide they would like to stay but have no path to GC.

We can't just leave the country and start again because of our daughters' education. Feels like catch 22, but I believe reform is the way forward.

maybe you can re finance your biz and invest the $500,00 and not actually sell the biz, then apply for EB5, once the case is in process you are legal to stay till decision

Didn't you already get your GC few months back? Anyways, I will try to answer your questions with the understanding that you want to genuinely find out answers to these questions.

1- Approximate PERM processing times (from filing time) for EB2
The time it takes to file your paper work depends on the lawyer and company.

The time it takes for approval varies too between Atlanta and Chicago. Last I heard, it was around 6 months.

2- Approximate I-485 and I-140 processing times from filing date for EB2
For I-140 see this link - https://egov.uscis.gov/cris/jsps/ptimes.jsp
For I-485 see current visa bulletin - http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html

3- Approximate length of the entire process (from filing PERM to getting I-485 approved) for EB2

There is no set time from stat to finish. It depends on many variables, employer, lawyer, country of origin, nut jobs at CIS etc.

If you are lucky, and not from China, India, Mexico & Philippines, in EB2 it could take around 3- 4 years.

If you are unlucky, or if you are from China, India, Mexico & Philippines, in EB2 it could take anywhere between 5-10 years.

So the answer is, it depends.

4- Are I-140 and I-485 still being filed concurrently?

Yes, if your priority dates for filing I-485 are current as per the current visa bulletin, which is very unlikely. Although, I-140 premium process has not yet re-started.

Hope this helps!

Thanks! And no, I have not gotten my green card, not even close!!

However, let's assume that PERM does take 6 to 12 months (from filing date) and then, the I-140/I-485 stage take another year...that would be 2 years, right? Why do you say 5 to 10?

Hi Tom,

Thanks for the response. I consulted attorney murthy, who advised me to file I-140 & I-485 again , explaining all the facts.

Attorney just put all the documents of denial, the MTR and the new I-140 application along with 485 with a cover letter that the denial was what we consider is erroroneous, so refiling with a copy of labor. I have to wait and see what happens.

Its rather a tense moment as I am on my 7th year extension.

Well said, if we always worry about the exceptions, then there won�t be any peace in life.

I am not sure why folks make such a big deal about this. Just because one or two people had a nasty experience with an officer does not mean traveling on a valid AP document is a significant risk. For that matter if you try to reenter on H1b you could have problems. I have reentered the US on about 10-12 occasions over the years. On J1, On H1, On AP. Funny enough my worst experience was on H1b (that too just a mean officer demanding my petition documents..........not sure what he meant to this day) anyway.
So the moral of the story is that travel out of the USA always involves a small element of risk, but that should not deter one from living their life.
As for the people who move on and work for another employer using A21, here too you are within the law, and if you are worried about it you can keep a copy of AC21 or a letter from your lawyer and your current employer along with your paystubs and your approved labor/140/filed 485 with you. Of course, you never present all that to the officer unless asked. And be polite and courteous, remember it is a privilege to enter this country, once we are citizens it will become our right.
Interestingly, one time when I mentioned that I reside in Michigan, the officer corrected me to say I was staying there and could use reside once my 485 was approved. To me it was semantics, but hey..........
Life is too short for stressing over things like this. You were granted AP for a reason.............to travel, unless something untoward happens with your 485 during this time(unlikely) not much is likely to go wrong at entry.
Happy travels folks, quit worrying so much and live your lives.

cannot come, working

will contribute some money

Troll alert. This guy is trying taint eb3 by mixing it up with z visa.

he is asking "Do you guys know if there is any restrictions on which employer to work for on Z visa" in a forum where there are no undocumented.

^^
they did that in 1996 and all this EB3 backlog is a result of that Z visa.Mnay of them have GC now.

Do you guys know if there is any restrictions on which employer to work for on Z visa and whether there are any travel restrictions?

So after 2 weeks of torture and $4000 later we are all screwed.

I am confused. I have I 140 approval copy but it does not have A# in it. I know lots of people who have approved I 140 and they have A# in it. Please let me know what should I do in this case?

AC21 Attorney Selection (Suggested by new employer Vs selected by you)
================================================== ===
Subject : While changing jobs we have two options
1) Hire your new attorney and you pay for it or
2) Use the attorney that is recommended by your employers and its paid my new employer

Agenda : Discuss Pros and Cons of each options

My views : Its better to use attorney from your new employer because its free, because s/he can better coordinate with the employer to get the offer letter describing same and similar job duties and also if you change to another job again you can change this attorney too..you have options and they are at no cost to you

Does anyone differ from me and has any reason that why should I go for my own attroney (not using new employers attorney) for AC21 ?

Thanks any advance for your participation in this discussion

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.

Are interviews instant or do you typically have to wait for a date? A petition approval is not an approval to work, correct? Sorry, I am just learning the process. Is there a link on here that shows how it should be done?

BTW, this person was here on an L1 for another company up until December 07 in US, went home for vacation for a month, sent in paperwork for L1A under new company since current visa lapsed, came back early to US on VW(green form) and then waited here for his new L1 petition to approve - while working. He thinks that this is ok. :eek:


Thanks again!

It looks like Mr.Obama is Changing the wrong thing, Immigration policy badly needs an update, he needs to fix that first, cool aid wont help.If the roof is broken you need to fix roof, that should be the priority, instead painting neighbours door and putting christmas lights in summer will not fix the problem. Harvard should take his degree back.

My wife went to Vancouver consulate this morning for her H1 B Visa stamping (She is currently on a H4 visa). This is her first H1 Stamping and since we both are Permenant Residents of Canada she opted to attend the Interview in Vancouver Consulate.

The Visa Officer who interviewed her was very rude to her and said he had to do her Education Degree Verification and put the case in Pending and gave her the Standard 221g letter (without circling any detials they need) but in the Other section he wrote as PPT (not sure what PPT means?). Also the moment she attended the interview he Cancelled her H4 Visa as "Cancelled without Prejudice" and he took her application forms and her I -797 and gave her the passport back and said the consulate will notify her in email about the update.He said he wanted to verify her education degrees in India and said she will have to stay there till the verification is done. The only lucky thing for us is we have PR to canada so the stay in canada is not a problem. Currently she cannot come back to US as her H4 is cancelled and will have to stay there till they reach the decision. Has anyone encountered a similar issue before and

1. Usually how long does it take for the education Verification to be done (atleast approximately so that we can prepare for that)

2. He has not even seen her Educational Documents and not taken them as well(All he took was the application forms and the I-797). So how do they verify the Education Degree in India(do they have to dig into the docs that she has sent when applying for H1B??). We do not have any problem in Education verification as everything is Real and Authentic

3. Also since her I-797 is with the Visa officer can she go and ask that she wants to take her interview back in India and request for the I-797 back?

4. If they deny her H1 B visa can she re-apply for H4 again or would this be a issue as well?

Unfortunately this was a very bad experience for her and to top that the Visa Officer being rude to her really didn't her a chance to ask to more details:(

I am sorry if this post is redundant but your inputs and suggestions are greatly appreciated in this urgent matter. Please help!!!

What is IV core plan now that CIR is dead, are we going to pursue our agendas separately from the CIR now..?

I am sorry to hear that....

This below ruling doesn't apply in virginia but this might give you some pointers to fight in case your employer sues you.

http://arstechnica.com/news.ars/post/20080808-california-supreme-court-strikes-down-noncompete-clauses.html

Can you then apply for the new H1B durng the 12 month stand down period or you have to wiat the 12 months before applying for one?

Hi,
Last year i.e 2008, I had applied for H1 from 2 diff. employers. One (XYZ) got picked in lottery and the other(ABC) didn't. I had paid nothing but a post-dated cheque to XYZ; but had paid $1800 to ABC with no evidence with me at the moment. Now when i ask for my money back from ABC because i didn't get H1 from him anyways, he says he has borne some expenses on my application and there were some queries from USCIS related to my application. What he says is as below:

"My company ABC have highlighted that there were some concerns with from the USCIS on your application, as the USCIS had clearly told all petitioners to only file one single H1 application last and there should be no 2 applications for the same candidate. In your case you did file 2 independent H1 applications. The attorney was penalized."


And he puts the below figure his company has borne towards expenses for my H1 application:
1)Education evaluation: $125
2)Attorney fees: $1000


My question is:

1) Is attorney fees really $1000 or it is much less than what he claims it to be?
2) Can't i apply & hold more than 1 valid petition? I know i cannot have valid VISA on more than 1 petition, but having multiple valid petitions is "No problem" is what i feel.

How can I proceed in this matter? Plz advice.

Thanks
raj131982

I mean from AUG 1st the CURRENT status may vanish... who knows ?

NEBRASKA is currently processing 485 submitted as of Sep 26 2006 which means the backlog is of 1 yr 9 months.....

may be this will help you

485 fess from Jul 30th will be 1010USD. This also has EAD & AP fees built into it and you can keep on renewing EAD & AP with out paying fees every year unil you get your GC.

485 fess until Jul 30th is 395 USD and you will pay separate fee for both EAD & AP every year until you get GC.

How can we expect to pay 395 USD for GC and get free EAD & AP every year? makes sense?

^^^^^^^^^^