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Hello,
My company's HR rep informed me that my application was selected in this godforsaken lottery. however the validity dates of H1 have been screwed up. they say valid from Oct 1st 2008-Oct 1st 2008.
Now the lawyers are saying hopefully they will correct things before they mail out either the actual recipts or when they issue the visa. If this is not corrected they are going to apply for corrections.
I am a little worried, should they be waiting until the visa arrives or make a move now?
Has anyone faced this issue and if yes any advice on how to correct things.

It could be a typo..it always happens with great uscis...

Wait until you get receipts/actual I-797 approval notice..

Yeah!! It was posted on USCIS site also!!

See, I mostly frequent this forum only (and I think that's true for a lot others), and didn't see it posted here. So, went ahead and posted it. The other thread is in members only forum!!

You can see that on Homepage! As you say this is duplicate. Please request admin to delete this thread?

Although it might seem very appealing to put in multiple applications to increase the chance of obtaining a visa, one would actually be aggravating the situation than alleviating it. So the thought process should be how can one prevent the lottery situation from arising.. applying for a single visa on a requirement basis should suffice. That said it is unfortunate that the current situation and cap forces us to think of ways to resort to finding loop holes and take un-required actions. In an ideal world they should increase the cap. But whatever cap we have now, does not give us the right to jeopardize others chances of getting a visa. We should work this out together. Lets not clog the system.
Imagine hearing from somebody that they have a visa they never used when you don't have one, don't be that somebody.
I am currently on a dependent visa and have to go through the H-1 process. I have a masters and have every intention to stick to that quota and apply only one.
-A

Hello Attorney,

About Myself:
=============
Myself EB2 Mar-06 now in I485.
deeply concerned about the current retrogression of eb2 priority date to 2000.

Background:
===========
Currently CIS and Statedept count ebdependents / derivatives under ebquota (according to CFR22)

However Sec 203, INA seems to layout the eb quota volume and lists eligibilities.
Looking at INA I am unable to find the link between ebdependent/detivaties and ebquota.

The I485 application "Part 2: App Type" Option b (derivative status for spouses and children)
seems to be related to quota listed in INA Sec. 203. [8 U.S.C. 1153] a - 2. (family quota)
and seems to be not related to INA Sec. 203. [8 U.S.C. 1153] b - * (employment quota).

Question:
=========
What quota do dependents of Employment based AOS(I-485) LEGALLY fall into - is it the EB quota or FB quota?

If incorrectly classified ? Is there any legal option this mis-classification be corrected?

Thanks a lot in advance for your time.

INA 203(d) Treatment of family members

A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 1101(b)(1) of this title shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section, be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.


This means that if primary beneficiary is using visa number from EB(2) classification then dependent(s) will also be using same classification as primary beneficiary (i.e. EB(2) in this example).


______________________
Not a legal advice
US citizen of Indian origin

My lawyer screwed up when he filed mu I140. He filed it under EB3 instead of EB2 even though the labor was approved under EB2. He filed a new EB2 I140 PP on MAy 23 and it is still pending.

:(



I have a EB2 - I140 (PERM) pending at Texas from 06/2006 and another EB3-I140 (RIR) pending from 06/2007. When my lawyer filed the EB2-I140, he filed it with a copy of labor from DOL (not original hard copy). He says he did not know it would cause such a delay. My EB3-I140 however was filed on labor approved from the Dallas BEC. It was filed with the original copy of labor. Are there any people like me, who have endured a long wait because they did not have the original labor ? Please post your experiences here .......

Seems like a convulated issue. You would be better advised by consulting an immigration lawyer asap. Check with your lawyer if you have one. Sheela Murthy, Rajiv Khanna, Sonal Verma or Shusterman are some of the popular names in immigration law. You could try to get a consulting appointment with one of them asap. Typically they will study the case & discuss the case with you and suggest options. Typical consulting fee varies from $200 to $ 400 for one session.

Concurrent Filing was introduced in 2003 .PERM came into picture after march 2003. So you are right, u can file concurrrently whether u r PERM or old Labor.
The only issue in this case is that he is substituting labor so he cant use premium processing other than that he could have applied 140.485 concurrently.

Thanks for clarifying milind70.
Abhijip - We all want to help here but please don't provide confusing info.

As for the original poster, he can still apply for AOS if he gets the receipt. I got mine from TSC on July 13 and they got the I140 on July 6. It wasn't labor subst though.
Hang in there another week. Can you verify if they cashed the check ?? They print the receipt# on the back.

Update:

My lawyer just received AP docs.

nviren: usually they go to lawyer address (as per other users).

Good luck.

We can update ourself with the status of the receipt number, so that every body can get a feel about the time lines.

EB2 or EB3?

Yes, you get I-94 with 1 year and states AOS Pending...Basically, means, you are allowed to stay till the outcome of your I-485.


Yes, as long as you are working for the same employer. I did the same, I am on H1 right now, but used my AP last year to travel to India.

If your I-94 says AOS Pending, how are you on H1B?
If you enter the US on AP, your I-94 is stamped as "Adjusting Status" or "AOS Pending" and the expiration date on it is 1yr from date of entry (regardless of when the AP itself expires). And for this you don't need an H1B visa stamp in your passport.

With the "AOS Pending" (or equivalent stamp) on your I-94 and passport, you can't be in the country on H1B. You are "Adjusting Status" and legally in the country. Of course, to (continue to) work under this status, you will need an EAD.

Checked DOL website yesterday (4/30) and today (5/01) to see what the front page would say. Sure enough - the image changed from "18 Months Remaining" yesterday to "17 Months Remaining" today!

Web gurus, can you guys make sense of the following lines? I grabbed them from the DOL's website source. Can you tell if this being manually changed or some script is doing it automatically:

<h3 style="color: #990000">Foreign Labor Certification</h3>

<!-- script will be here? -->
<p style="font-weight: bold">Backlog will be eliminated 9/30/2007<br />

<!-- start script -->
<img src="images/17MonthsRemaining.jpg" width="270" height="46" alt="17 Months Remaining" border="0" /></p>

<!-- img src="images/19MonthsRemaining.jpg" width="270" height="46" alt="19 Months Remaining" border="0" /></p -->

Yep, just passed level III , today. Now will start applying for the charter.
good to find a fellow CFA candidate/member here... are you done with the exams?

Hi Rocky,

Thanks for your reply

Ya I was on unpaid vacation and 2006 was my first year. I will discuss with my attorney also.

Jnayar,

It is not IV's intent to be a one-stop shop. We are here to discuss our agenda and actions. This is not my policy -- it is IV's policy. Don't know if you are a new member but do check out our posting guidelines http://immigrationvoice.org/forum/announcement.php?f=2

best,
Berkeleybee

Berkleybee,

We know IV has set policies about postings, but i have to agree with Jnayar here. It is really a waste of time and counterproductive for individuals to be on 2-3 different forums. Especially when the creme-de-la-creme is on this one. If our motive is to draw people to Immigration Voice, then it would be better if the community could help each other out. We have about 4 sections in the forum already. Cant we have a fifth one for "Personal Issues with Green cards". When you say, ranting etc is wrong i agree, but it would be kinda nice to allow people to post their issues that are hard to find on other forums. I mean at max, some people will read the issues and not post a reply, but if someone DOES have an answer, it would make life easier on the person that posted the question. From my personal experience, i used to visit the ImmigrationPortal religiously during the past year. Now i have not once stepped onto that forum, coz most of my needs regarding information are met here. We have a strong, vast and diverse community on here and we can help each other out, being that most Immigration Lawyers are not very prompt in answering our questions. You guys have been doing a great job moderating this forum, but we need to have a seperate category for these extra issues.

When IV started, it was mostly for retrogression, but now we have encompassed Labor certification too. People on this forum have all sorts of problems. While we cant solve them all, we can certainly Try and help. Some of us have gone through similar experiences and can help other out.

Adding another forum should not be too big of an issue in my opinion, though the Admin could shed some light on this.

...I like the attitude :)

i presume USCIS means 'assuming visa dates are available for everyone' it will take them 3 years to process the current backlog..
so dream on..

Guys,
I am happy to share with you all that I applied my 485 on 1 week of June and it got approved today.

My PD was dec 2005. eb3. India.

Thought i would share with you all.:)
You applied in June 2007 and you got approved in two months? that is awesome, which service center?

In that case, just do the best you can,
This type of issue used to be answered and helped by unitednations
In fact he was a miracle worker when it came to A2P. I haven't come across posting from him in a quite a while but do check archives from IV and immigrationportal. You need someone of his knowledgebase

What main theme do you expect for probable resume?

if you have a resume, we'll just ask you to send it along
as i said it's only purpose is to see if we can identify and match skillsets for various action itmes/iv roles/work groups. sometimes some things come up and we find great matches that way...
we are not really interested in your GPA (superlative as i'm sure that is!) :D

Hello all,
not sure if this topic has been touched before; if we have a i-485 application filed; do we qualify as:
1) non-permanent resident aliens
OR
2) non-resident aliens?

thanks


Filing I-485 makes you an 'adjustee' (Under Adjustment of Status).
But you continue to be a non-resident alien under AOS if you keep working on H1. If you switch to EAD/AP, you are just an Adjustee waiting for your status to be adjusted to that of a permanent resident.

My 6 year on H1-B status had expired on Nov 8. I-129 for extension based on approved I-140 was filed and delivered to USCIS on Nov 1 as per Fedex. However, USCIS has not cashed my employers check or my money order for the H-4 extension. I called them and they don't have any information. They told me to wait for another week. I am very worried that what will happen if the Fedex package has somewhat got lost. What will happen to my and spouse's status and my 3 year extension. My own lawyer seems to be a little perplexed on this matter, not sure of himself.

Anyone, please give me some guidance on this.
Thanks very much in advance.