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I agree. Such delays are forcing several professionals to consider Australia and Canada. Its a loss to this country and gain for other countries since they have favourable immigration laws. However it is really tough to uproot ourselves and go some place else and start over. Canada still does not have a good economy and job prospects as in USA, thus the struggle is going to be hard for you if you were to look for a job.

Pappu,

I guess the uprooting thing depends on many other issues....

E. G. My husband changed 6 consulting companies - worked on projects all over US and we lived in 6 US states before finally settling down with the present employer who started hubby's GC.

However the retro thing is ruining everything (just like so many others here - we are not an exception).

In less than a year I will have a state teaching certification and will be just a step or two away from my Masters in ED.
Will that help me? No, sir!

We cant file I-485..and change of status to H1 for me is out of question (been on H4 6yrs).

So, in our case - moving to Canada is much like moving to another State...
Not a big deal...It certainly will not be the first time to rent U-haul. :)

What will be different is that once we land we will both be immigrants, free of employer's grip and never ending retro.

It is true we may not have a job in Canada for some time, but I believe the peace of mind will be priceless..

I dont mind tranfering teaching cert (its possible), even taking a few extra courses if they require me to do so. We can even move gradually, I will find a job first and then he will move.

Both my husband and I care to much for each other to continue suffering in the US, under these conditions. He is not happy, since I suffer professionaly and will only loose whatever skills I am getting now. (Alrready lost too much not working in the past 6 yrs).
If one spouse suffers and is not happy, how can the other be content?

He is under constant pressure of working longer and harder, God forbid new recession and job layoffs - I can't work, so who will support the family?? :eek:
We had enough difficulties in the past and transfered enough companies to finally draw aline and say - this is enough.

I would LOVE to work, BUT - as H4 - I can only dream about that.

Even with Canada's economy not doing so well and other obstacles you mentioned, just being able to work, start our own business is going to give us an enormous relief.

Guys - dont get me wrong, I am all for US green card and we support IV efforts monetarily and otherwise, BUT, if no immigration reform emerges, we will move to Canada.

In the next 2 yrs (while Canadian PR gets processed) we will know exactly how things stand.

My 2 cents.

If you employer accepts or lawyer accepts the porting the date then your friend can apply the EB2 priority date to EB3 date.

Means he/she can get EB2 with 2002. As per my knowledge it is possible. But please dont ask me the document. Check with google or some website for document.

Thanks.

A wonderful initiative. Good luck, once the group grows, plan for seminars, workshops, involve more IV members and energize our community

Its been real fast. Yesterday I received my Approval letter, today I received my Card in mail.
Application was approved on 13 may after opening SR on 6th may. So canceling INFOPASS... :)

Congratulations !! Enjoy the freedom

My labour got approved on May 23rd .

Is it possible to switch company and use this labour whihc got approved by this company?

Thanks for all your support and sharing for knowledge.


whoch perm processing centre did u apply labor???

http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2994050912&m=6611023531&r=6611023531#6611023531

Attorney_8
posted August 11, 2006 11:29 AM
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The employee must sign the 9089 once it is approved in order to get the I-140 approved.


http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2994050912&m=7431057041&r=7431057041#7431057041

Attorney_13
Attorney posted December 02, 2006 10:55 AM
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The Beneficiary of the LC is required to sign the original, certified LC. There are no other documents that the Beneficiary will need to sign associated with the filing of the I-140. All other forms/letters are signed by the company.

Ordered ours & to be delivered in DC to another IV members address, as there was not enough time for it to be delivered to Seattle.
I guess others facing the same problem can do so... There are local IV members... Pls pm or email them if you need help....

Hi,

My employer is filing my I-140 and I-485/131/765 concurrently. My lawyer/representative send a list which says G-28 signed by lawyer and my employer. I understand for I-140, G-28 is signed by lawyer and employer(petitioner). When filed concurrently is one G-28 is enough for whole forms?
I read we need to have G-28 form for each form and for 485/131/765 forms G-28 should be signed by the actual applicant and the lawyer instead of the petitioner(my employer). Right now in my case there is only G-28 form they were sending that was signed by my employer(petitioner) and the lawyer...is one G-28 is fine for whole application packet when filed concurrently...

USCIS website clearly says without G-28 form they will reject the application right away...but it didn't mentioned for each form though...but all my colleagues says they signed three G-28 forms one each 485/765/131...i am little confused and concerend..please suggest..

thanks in advance..

For 140 G 28 needs to signed by employer and lawyer.
For 485 related g 28 neeeds to signed by applicants and lawyer.
My lawyer asked for 4 copies of G 28

who are not so very lucky as me... please boast for this thread....

Hello Ravi,

Sorry to hear about what has happened today with ur case. I know what you are going through at present. Unfortunately, I went through the same thing on 01/27/09. I received an email about the denial, but have not yet received the hard copy. So don't know the reason about the denial.

Well, ur dates of H1 expiration & RFE, all match same to mine. We are almost sailing in the same boat. The only diff between ur case & mine is, My I-140 is not yet approved & me & my hubby do have Valid EAD.

Here are the options suggested by my lawyer today. I am also going to verify some more options with another lawyer tomorrow.

In your case, you have 2 weeks to get out of the country as ur H1 is denied. Well, I may be wrong if your approved I-140 is going to be of help in any way. Ask your lawyer.

Answers:
1) Yes. Even though u open MTR, u both r out of status. Opening MTR will only allow u both to stay in this country legally, but does not allow you to work or study.

2) According to my lawyer, anywhere from 12 to 18 months. I am going to check on this with another lawyer tom.

3) Until u get the answer to ur appeal.

4) My lawyer suggested is to open MTR & then simultaneously transfer H1 to another company. But this would be a consulate case. That means, once ur H1 transfer is approved, you will have to go to ur home country to get it stamped. Till then you cannot work for either company. The reason for it being consulate case is because ur original H1 & H4 is already expired. Also, keep in mind, you cannot apply for H1 transfer without opening MTR on the old one. Yes, you can do premium processing.

5) Since you do not have EAD, you cannot continue working on ur current project

6) No, u cannot start working with new company till ur H1 tranfer is approved & you have got it stamped from ur home country. But, if u r planning to do premium processing, you will get the answer or RFE in 2 weeks time once INS receive ur application & documents.

7) yes.

8) No clue as I havn't tried. Just try to make ur application stronger. I am trying too.

9) Yes.

Hope, the above answers are helpful. Do try to find out other possibilites from ur lawyer without telling him the above ones. That way u can be sure of what is right & worng. Do let me know too if you get to know something else.


Goodluck

For question 2 - you just have to put a reminder for yourself and make a contribution of 10$ every month to donations at immigrationvoice.org. May be this can be done on par with the rent/ mortgage/ credit card bill/car payment that happens every month

Hello-

1) Is it possible to allow minimum ONE TIME contributions like $10?
2) Is it possible to allow minimum RECURRING contributions like $10?

When I am talking to my friends, we felt that the above things increase the
Contributions. We are also thinking that it is easy to ask friends to contribute if there are no limits on the contributions.

If I am correct there are more than 25,000 Members. If there are 10% of active members and each contribute $10 we get another $25000 that is required for the Bill.

My Contributions:
$50 Recurring Contributions from Nov 07.
Contributed $100 for the DC Rally.
$25 to the local Northern California Chapter in Oct 07.
Contributed to AILF $100 during the July visa bulletin time.

GCKarma,
You can extend your H-1B up to three years, but if you use your EAD card at some point, your H-1B is void. However, you can always recaputure your H-1B time later if needed (and if counted within the last 6 years unless left the U.S. for one year) and will be eligible for your extensions later.

I agree with file485. Blocking the channel is not the answer. Lets put our efforts in getting as many signatures as possible for the petition.

What about others?

Ready to file your EAD/AP renewal? :cool:

What I intend to say is "No one will help you" - YOU HAVE TO HELP YOURSELF
Chandu ..your posts are always sensible and you describe the problems correctly ..I had a quick question though ..how do you help yourself / ourself (apart from donations to IV, volunteering etc) ?
do we meet congress man ,, if yes, then everyone should do it simultaneously .. but again they will talk about jobs for americans !!
and hence I say ..we need to meet realtors in large numbers ..show interest and make them salivate for your business and then back out of the deal !!!

I can see it. Refresh your browser

Thanks inskrish for the news.

Anyway, the Proc. dates are a heap of bull shit. The NSC Proc date for I-485 says July 08 2007. We all know the dates were 'U' and noone could have filed a I-485 between July 2 - July 17th (July 2 fiasco). So how can the oldest application that the NSC is blocked on can be dated July 08 2007 !!!

Even if they came across ineligible applications like that, wouldn't they just outright reject them and quickly move on to some other application that they can process??? Why would they consider themselves blocked on such application(s) and issue the processing date to reflect such transient status ???

I understand your frustration. However, it just means that the are "processing" those applications. That being said, does not mean they will approve them, but will perform the initial processing of those applications. Then, the applications go back to a "waiting line" for their PDs to become current. This is why sometimes some I485s get approved right after their PDs become current(within days). This is because some of them are pre-processed. This is what the Processing Dates mean on the USCIS website. It means "being processed". I hope this makes sense.

Most likely SSA typed in wrong I-94 number and hence the verification would have failed from USCIS. Visit the local office again and ask them to verify all the information again. They can tell you the SSN in 2-3 days if everything checks out that should be enough to generate the payroll. The actual card takes 2-4 weeks.

Thanks a lot for your inputs. The SSA has sent a remainder once on Feb22 and the immigration have'nt reverted back yet. Is there an chance for me to contact immigtaion so that I can find what exactly went wrong. Once again Thanks for time and inputs.

my H1B transfer petition still in query.

Is there any way to apply through some other company ?

What will be my status now ?

Pls kindly advise me .

Suggestions.

1 Since the main reason behind the retrogression is the lack of Visa numbers I feel it would be a great idea to process the 485 applications , make a decision on the case and let the applicant know about the decision though the actual card can be mailed when the Visa Numbers become available . This would reduce the anxiety on behalf of the applicants and would also give USCIS ample time to process all the applications.

2. Yearly extension of EAD/AP is getting so expensive especially when one doesn't know how many years we have to keep doing the extensions.
It's a known fact that except for the July 07 bulletin EB3 India PD has hardly touched year 2002 since Dec 2004.

Some of the EB3 I folks with a 2005 PD, that I know have been issued one year extension on their EAD though they applied for the extensions in mid July(2008).

Example of EAD/AP anxiety:

AP document says that it should be used for emergency travel. This rule on AP
was formed at a time when 485 processing would take not more than 6 months.
In the present scenario with 485 processing taking years I think a person using EAD would end up using AP many times . Officers at the POE sometimes remind us the rule that AP should be used only in emergency and some of them give the person hard time if they believe the travel was not for emergency purpose.
I guess we are supposed to have a proof of emergency travel.

Though AC21 lets one change jobs 180 days after filing the 485 application with the I40 approved for more than 180 days when reentering the country some of the officer(s) sometimes ask the person if they are still with the same company that filed their GC.I don't know yet what they would do/say if one had changed their jobs because the people who were asked this question did not change their employer at that time. But the fact that they ask us this question makes us apprehensive about changing jobs.
With so many rules where most of them were formed long back it's making applicant's life increasingly tough as the applicants themselves don't want to do anything that would be construed/fall on the wrong side of the rules.We are forced to watch our steps multiple times even in the case of simple things like job changes,travelout of country etc.

When I repeatedly read about how USICS is inundated with 485 applications due to July 2007 bulletin I keep wondering why USCIS would want to increase it's work load every year with all these EAD/AP renewal applications.

Suggestion
Once upon a time when the 485 processing took like 6 months, EAD/AP had different meaning. In the present scenario when not many of us know how many more yeras it's going to be before (especially EB3 I folks) we get our GreenCard I would think it would be better to use the pending 485 application to change jobs and reenter the country.
This would save money/time for the applicant and lot of time for USICS.

Thank you.

koppula09 please read the statement from below link.

http://www.lbl.gov/LBL-Work/HR/irss/FormI539.html

Contact your lawyer ask what they request when they fill the Form I539. If the request your wife h4 extension she should be OK but if they request to change your wife H4 status to H1b I don't think they made a good decision, you should find another lawyer :eek:

get a second opinion of what to do. My suggestion your wife should apply for her H1b ASAP (premium processing). I believe it possible for her company to apply her H1b but again find a good Lawyer ASAP.

remember not all lawyer is a good immigrant lawyer. Even a good immigrant lawyer could make a mistake too. It's your life you can't rely to anybody.
so act quickly to find out how to get out from this problem before too late.

Good luck. :o

If the new company has a "succession of interest" clause in its take over, basically where it "succeeds to the interests and conditions of the previous company", including it's immigration interests such as your employment based immigrant visa application, you should be able to continue with your application. I guess you would have to include a "succession of interest" document with your application.

I had to do the same thing with my company when it was taken over. However, this happened during labor certification stage so I dont know if it would be different for I-485. Please c nsult with an attorney though, maybe even three or four different ones and give them the exact details of the takeover.

Hi..what is "succession of interest" document...is it the actual 'merger' contract ?

Other problem i have is getting hold of an attorny as all are busy with the aug.17th deadliners...let me know any good ones in central,NJ area. Thanks