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I understand and appreciate people trying to do the whole flower thing, but I am not sure if it will work the way they expect it to.

I once worked in the admissions office at a very selective school. Applicants that didn't get selected resorted to such gimmicks (sending cards, presents, flowers to the dean of admissions), not sure what they expected - The dean to feel bad about his/the dept.'s decision and reconsider?

Anyway, one of my responsibilities was to screen the dept. mail, and sort out what was uselss and trash it.

Chances are, that is what will happen to the flowers sent to USCIS.

I don't mean to discourage anyone, but that money ($25-$40) you spend on flowers, could help IV a lot.

Thanks,

In case the I-485 is filed concurrently with I-140 or on the basis of a I-140 "pending approval", if the "I-140" is rejected (say because it was incorrectly classified as EB-2 when it should have been EB-3), then is the I-485 also automatically rejected? (My guess: YES)

If this happens to you, does this mean you may not be able to resubmit I-485 if your "priority date" is not current at the time you came to know it got rejected? (My guess: YES... and this is a scary scenario.)

Finally, if the I-140 (EB2) is mentions the requirement to be "BS + 5 years of post BS experience", but the the reviewing officer thinks that the 140 application is not supported by "proper" evidence of 5 years of progressive post BS experience.... then would it generate an RFE or would it straightaway cause a rejection of the I-140?

Experts, please comment. I may have to face this scenario.

Thanks!

Abhijit
Contribution so far: $100

Abhijit,
This happened to a very close friend of mine a couple of years ago when he was in hi 6th year. He luckily found a labor substitution at that time and was able to immediately file.
I-140 is probably most important of the entire green card process.. it is what proves the employer's capability to pay the prospective employee.
To your question, if I-140 is rejected, your entire application is denied.. I-485 is immediately nullified.
You might want to talk to your attorney if you have the slightest of the doubts..

I had dream last night, part of which I still remember.

As usual in the evening I went to check my mails and found a mail from USCIS. I opened with surprise , preparing myself mentally , which document would they be requesting now. and.......
I screamed in excitement , it was my greencard. I was shocked, and now I was thinking what can I do with the greencard, I thought I should change my jobs which I always wanted, as my job sucks, but realizing that after a month I am going to retire so, dropped that idea and then I started thinking what else I wanted to do when I'll get my GC, and told my wife the idea of now buying the house, but she told me that as you are going to retire next month lets go back to india and the savings that we are left with after paying the taxes , social security and immigration attorneys, will buy a 2 bedroom apartment in India only.
I asked her what about travelling to Europe that you always wanted, but which we never did for the reason, that what if there will be an issue on travelling with AP,but she told me with my blood pressure and and her arthiritis, it won't be possible.

And then..... I started thinking what I lost in the race to get the GC and what I am left after getting the GC. Sadly threw the GC in the trash and again started browsing the forums on immigrationvoice.org. As after these many years,browsing IV forums became my habit.

And then the alarm woke me up and as usual I started to get ready to spend another day in Paradise, in the country of DREAMS.

Quite fun to read.

i'll believe it when i see it. too much talk no action. it's too good to be true, isn't it? maybe our childrens' children will benefit from it.

how about applying for a tourist visa for that time period?

Can we apply for tourist visa from US?

I checked at NY Kaplan. they have 3months course for $1800 and 4months course for TOEFL for $5500. Since we need atleast 4 months I20, I guess I have to check some community college if they offer something cheap.

One more question is, the community college usally have admission from spring. They don't issue I20 in summer. So I guess I have to start from January itself. In that case is it possible to get admission in January and start the class in summer? In that way I can save some money.

Me and my wife are on pending I-485 AOS. Mine is employment based (EB3) and my wife's is derivative.

I-140 is approved.

I work here on EAD. My wife had to travel to India urgently. She applied for Advance Parole, but had to leave before she received the Advance Parole.

Now she wants to return back, but as she has not yet received Advance Parole, will she need to apply for Visa?
Or is it better to wait for Advance pArole decision?
If Visa, under what category?

Thanks

As you are already working on EAD, you are no longer in H1 status. Therefore, the only option for your wife to return is to wait for the approval of the AP.
If AP is denied, your have to request a Motion To Reopen the denial and hope that it is approved.
If it is still denied, then you will have to wait for your green card to be approved.

^^^^^^^^^^^^

In that case we ourselves can keep a counter how many IV members did file 485 in June 07. It might give us a rough idea.
New filings will not effect to move the dates either you file on 1st or 30th. The Visa(GC) numbers will be deducted only after the approval of I-485. Any of these new filings will not be touched(Approved) for 4-5 months. USCIS has to consume the balance visas(GCs) before October 1st 2007.

If The Number of Visas > The number of Approved + To be approved(Mostly filed at least 4-5 months before) in the coming months.....then you can expect further movement from the State Department..

Ask(Pray) the USCIS(God) not to approve any 485's till June 15th....

So...there will not be any change in the movement of dates even all of them file on the day 1....Keep watching the approvals till June 10th atleast...

Sree

Sent an email to 20 of my friends @ work to that and following up with them.

I thought as soon as I-140 is denied your spouse has to stop working on EAD and go out of the country to renew H4. ?

Mr.gnutin or any other expert,

Can you please confirm whether I have to stick with the company for 180 days after the 140 approval, if i am planning to change the job to port the Priority date?


Thanks

I had no experience with a prior employer when my employer applied for PERM in January 2007.
Education: MS
PERM Category: EB2
Company Sector: Finance
Job Profile: Technology

PERM & I140 were approved by DoL & USCIS respectively without any RFEs. I485 pending since Aug 2007.

hello every1,

I was wondering how many of you are here who had applied their labor with MS + 0 years of experience for EB2 category..

Could you please shed some light on your profile and current standing in GC process ??

Thank youu....

Amigos,

Ironically, legal documentation process seems complicated to cross the fence to the other side.;)

I have three friends waiting for I - 140 approval whose date are between Feb 16 - 22, 2007 and all are still waiting for approvals. online status show case pending. And dates in NSC shows April 6, 2007.

I'm using the service of Brikho & Kallabat...till now did not have any issue with my extension...currently on 8th year...as my employer pays my extension fee...not sure how much is the total cost...have asked them...will update as get info.
rgds,
lfgc

...recd info fm the attorney's office...

The H-1B processing fees are as follows: Attorney Fees $900, Filing Fees
$2,190 for companies with 26 or more employees and $1,440 for companies
with 25 or less employees, Office Expense $50.

so, for extension...it may still be $900.

I think employer should bear the full cost of H1B and H1B extension. It is illegal for the employer to get that money from employee.

Nandini Nair's fees are very less and I got my PERM LC (in EB2) & I-140 approved through her without any questions. Real quick response!

She was a weekly columnist for Express Computer on immigration topics.

nnair@nair-law.com
www.nairlaw.com


She is a total B**** . You cannot even ask her a question!

Doesn't matter.


What do you mean it doesnt matter??

PD and country of date are the FIRST & FOREMOST things that matter when it comes to getting ur GC. Just coz his friend got his doesnt mean anything. The friend could be from a different country or having a MUCH older PD.

Great job, Salil. Can you share your experience working with the press? Was it easy getting the newspaper to carry this article, or did you have to pursue this for a long time? The reason I am asking this is, its hard for one to determine what the media will print. They may take one quote from you but might use it in a different context. I came very close to quoting on Seattle Times but stayed put as the reporter wanted my opinion on the "other" current debate that's going on, and she was not willing to carry an article on Legal immigration alone.


sertasheep,
I had emailed 4-5 different reporters (Oklahoma City, Tulsa, Dallas, Houston) who had recently published articles on immigration. The reporter from Tulsa emailed me back the same day (within a few hours) saying that he is interested in the "legal immigration" angle and would like to pursue it if I was willing to be interviewed and be photographed. I set up a time and place for the interview and the photo.

I had two conditions that the reporter agreed to:
1) He would not use my employer's name, and
2) After he finalizes his story, he would read back all my quotes to me to ensure no misquotations.

He graciously complied with both my requests. I was surprised to see front page coverage. I sent a Thank you email to the reporter after the article was published. He told me that various people (legal immigrants) from the Tulsa area had contacted him after reading the article and wanted to know more about Immigration Voice.

Let me know if I can be of further help.

Good luck,
Salil

I had applied for AP at NSC got it in a months time. I had applied for EAD on Oct 26th of last year. Got it approved by December 14th. Are majority of the people experiencing EAD delays of late?

Bump

Once you are 183 days on H1b (significant presence test), you become resident alien for federal tax purposes and file 1040 just like any other resident. From my experience in real estate, I am yet to encounter an IRS form that says H1b's shall be taxed 10% more. Can you request the IRS publication number from the source? I am curious.

Thanks for your response. My understanding was the same as yours, however this came from my real estate lawyer (a good one). May be he misunderstood resident alien v/s foreigner investing here.

I still would like to hear from someone who actually sold a place on h1 or ead their experience.