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Thanx a lot. I have been searching for a non profit job for the last 4 months with no result. That is why I am trying to find other options. I also researched the GC, but I am not sure if u can work with the Labor Cert only or need another visa.
Thanx anyway.

NIW 140 approved last year. EB1a 140 RFE/485 pending. Can I file a new 485 for NIW? or do I have to withdraw the pending 485 before filing the new 485?

Thanks a lot.

I am in similar boat. What does your lawyer say? I am waiting for my lawyer response. How about option on interfiling NIW 140 with the pending I-485. That is do not file new I-485 but change underlined I-140 in the old one. Ask your lawyer about that and let us also know whats his/her response.

can you reword the title? I am not sure how that title is accurate given the background of how macaca was used: Sidharth (who was born and raised in the US, but is of of Indian origin) was called Macaca by George Allen because of the color of his skin. Getting a GC or not getting a GC does not change the color of one's skin so it does not stop people from calling you a macaca...

What happens when old I-140 is cancelled by prior sponsor. Should the beneficiary still be eligibile to port his/her priority date based on the old approved I-140 (which is now cancelled ) ?

Still the PD is yours to keep. The only time I-140 will get invalidated even for PD porting is when USCIS found fraud in that filing.

All,

I just added an "IV In The News" menu item to our left links (see left hand side of home page).

Learning01 and others who are following media closely, please let me know if I have missed anything.

best,
Berkeleybee

Follow-to-join can be applied anytime after the filing of I-485 even after approval as long as Visa Number is available at the time of filing. Visa number's availability depends on the Department of State's Visa Bulletin.

I am not lawyer so please take this as my personal knowledge.

Folks,

Members from the DC area will be meeting in the Great Falls (Virginina)public library meeting room from 1 pm to 3 pm on Saturday September 8th 2007. Members in DC/VA/MD areas are requested to meet other members to find out more info about the rally and importance of making this rally a success. The address for Great Falls Public Library is

Date and Time
Sep 8th 2007 Time from 1 pm to 3 pm

Meeting Room
9830 Georgetown Pike, Great Falls, VA 22066-2634
Ph 703-757-8560

We look forward to meeting you at Great Falls Public Library

It appears that US CIS lost my I-90 application a year ago and subsequent attempts to get a replacement GC failed thus far. Best course of action?

Here are the details...

Received GC in 1999. Last year when I tried to get a re-entry permit (I-131), US CIS mailed me a notice saying that my GC had the wrong A-number on it (US CIS administrative error), and needed to be replaced via I-90.

The notice also said that while waiting for the replacement GC, I could go to the district office, obtain a temporary GC, and then re-file for I-131.

So in January 2007, I filed the no-cost I-90, where the reason was, "My card was issued with incorrect information because of a USCIS administrative error. I have attached the incorrect card and evidence of the correct information." The application included the original GC with the "bad" A-number, and was sent via certified mail, receipt requested. Later, I received a confirmation from US Mail that the application was delivered.

Subsequent multiple requests to US CIS produced the response, "We have no record of your application". Subsequently mailed copied of the I-90 application, produced a response, "denied, your did not include a GC with your application".

I did another "Service Request" with US CIS yesterday, and am pretty sure the response will be the same, "We have no record of your application".

What would you suggest as the best course of action? Just file a full cost (about $300?) I-90 declaring the GC "lost", and forget that it was the US CIS error?

Thanks for any help!

I know its pretty cold here in Wisconsin these days, but come on!!!!

Speak up.....Say something...Somebody...Please....
The silence is deafening!!!!!!


Hello from Wisconsin......
We tried to organize a little meeting back in December. But not much came out of it.
We should try again.

Gurus,

I need your expert opinion.

While setting up an appointment through VFS for H1B stamping in Mumbai, I am asked the following question:

Are you applying for the same class of visa which is currently valid or has expired within the past 12 months?

Should I answer Yes or No? I guess the answer is Yes since I have a valid I797 H1 approval. But, I need expert opinions from you guys as well. Here is some background:

I have H1 visa stamp through my old employer "O" (with an expiry of March 2006). I changed employer "X" in Nov 2003. My H1B has also been renewed in Nov 2006 (with "X"). i.e. I have had two valid I797 H1 approval notice with "X" since Nov 2003 - one for change of employment through my current employer from Nov 2003 to Nov 2006 and then a renewal from Nov 2006 to Nov 2009 (this is currently valid). I have not been to India since July 2003.

Please advise what the answer to the questions above. Also, is this visa stamping considered a renewal since my old visa stamp is through my old employer?

Thanks.

Hello,
Can any of you throw some light on these

To my understanding, if one is maxing out 6 years of H-1B visa on Nov 30, 2009 and doesn't have a way of extending to the 7th year H-1B.Then he has to stay physically outside of USA for 1 year.

1.Does 1 year stay have to be in the home country only?
2.Can one come and visit USA for a month[June 2010] or so between Nov30,09 and Nov 30,2010.[Eg: Conference, interview]?
3.If answer is yes to 2, would one have to stay for another 1 year away from July 2010? or they can come back to US during Dec 2010, if they have a new H-1B job?

Inputs appreciated.
Thanks

Any one please reply if you know the answer..

http://immigrationvoice.org/forum/showthread.php?t=5400

Thanks guys.

Because of fraud, terrorists are able to infiltrate the US.

In the application filed, I received a query stating "Labor Condition Application is marked to indicate you are an exempt HIB dependent for the beneficiary based on the existence of masters degree from the United States. Please confirm your claim that you are an expemt for this beneficiary. If no United States masters degree exists for this beneficiary, the LCA is not valid and may require a withdrawal of the current petition and filing of a new petition with a new LCA that adhers to Labor Department's requirement for H1B dependents".

My Employer wants to reply that this was a clerical mistake..... Is this right? or should he file a new petition.

Can I file another petition if this petition is rejected?

Just saying its a clerical issue wont be sufficient. It might help if your employer attaches a new LCA along with the RFE reply. Worst case, you have to withdraw and file again with the correct/new LCA. If this is a fresh H1, then you are lucky in the sense that the quota is still open and you can refile without having to wait for another year.

Dear all,

I have a Q regarding the follow-to-join rule. Say one has filed I-140 and I-485 recently (concurrently filing). To use the follow-to-join rule, can the spouse file I-485 at any time after the primary applicant's I-140 is approved but before I-485 is approved? In that case, will the spouse's I-485 be approved around the same time as the primary applicant?

A related Q, will a Visa number be immediately available after one's I-140 is approved?

Thanks a lot!
-donya

my amateur opinion would be that if you get another J1 visa after the waiver- you will need another waiver- last action is what counts!
i'm presuming we are not talking about a physician J-1 here.
there are no restrictions on foreign travel on a J1- except that it expires a lot (every year for physicians) and needs restamoing to reenter...

hope that helps!

I did not have my I-140 notice, so I emailed my attorney and he replied with a copy of the I-140 which had the priority date.

Mine got approved in about 2 months time. My labor certificate reached the lawyer who passed it on to my employer.

I did a big mistake of not asking for a copy and again when I received it while filing I140 - did not make a copy again.

Please save a copy for yourself - it helps a lot while switching jobs during AC21.

Hope this helps.

Thanks. But how long did it take to get the physical copy after the online approval / approval mail from DOL.
I assume, you would have signed the labor before applying for I140.

Pls clarify.

Hello Gurus,

My 6 years H1B visa term is expiring on Apr 30th 2008. My company filed 3 years of extension on approved I140 basis, which is still pending as of Apr 30th 2008. And my I 94 is dated till Apr 30th 2008.

I filed my I 485 in June 2007 and got EAD and AP

1) What will be my status after Apr 30 2008. Will I still be on H1 status, if not what will be my status.

And what is 'H1 pending for 240 days rule'.

Your answer is very much appriciated.

Hydubadi.:confused:

Until your H1B is rejected.