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Here is my estimate on the timeframe:

Prepare job description etc. - 1 to 2 months (depends on company and attorney)
Prevailing Wages - 2 months (this is based on the current centralized processing)
Recruitment Process - 2 to 3 months (depends on company and attorney)
PERM Labor approval - 9 months (if it gets audited, it would take around 2 years)
I140 - 4 months (you can reduce it if you can file premium processing)
I485 - This depends on the EB category & VISA dates - if it is EB3 India, it would probably be 7-10 years or more

I am not trying to be pessimistic. This is based on what I have observed and read. I have been in this country for 10 years on H1B. I am currently waiting for my Prevailing Wages request to be processes (for my 3rd labor application). It is a long process, but as long as you are working for a good company that treats you well, you should be able to endure the pain.

Are you serious? I must be a super expert on taxes because I have always done it on paper using a calculator for the last 14 years and counting. Just spend an hour reading the instructions and you're done. Have a question, call the IRS. Unlike other government agencies (cough.. USCIS cough..) the agents at the other end of the line are actually helpful and responsive.
-a

Well, Not every one is as patient as you are in reading the instructions and if needed a friendly manual or dialing 800 829 1040. The feeling is mutual about the IRS helpline folks.
The OP seemed very confused and thats why I suggested not to fill in on paper by hand.

You need to speak to a very good lawyer before doing this.

As far as I know, While you are on US soil on H1B visa: you can not work for anything else (not even during after hours, on holidays etc) for any company (not even an Indian company).

Doing so will violet H1B status.

So yes, you can establish a company in India when you go there for vacation, become a CEO of it and work for it (while you are there), but can not work as a "CEO of indian company" while you are on US soil.

This is technical law...just so you know.


Good Luck.

PS: I like your idea and I admire your dream.

The only impact will be that you will lose your earlier PD (if 140 gets approved).......Also, it could cause you issues with H1 extensions if you are in 6th year of your H1 and are re-starting the GC process....Note that your LC/I-140 must be filed or should be pending for 365 days or your I-140 must be approved in order to get H1 extensions beyond the 6 year term....

Hi,

I have PERM labor and i140 approved with current employer in EB2 category. The priority date is Nov. 2005. The problem is, since the project I am working on is near completion, its difficult for me to assume job secuirty after 1 year. hence I wanted to swicth the job right now and I have couple of years on H1B in hand so that I can get started with Green card at new company. My questions are -

1. With new employer can I use the priority date of i140 approved with old employer. (I know that I will need to file PERM labor and i140 again).

2. Is it true that I can use PD only if old employer does not revoke it. In that case is there a way for me to make sure old employer does not revoke it?

3. Incase I could not file Green Card with new employer soon, can I get 3 years of H1B extensions with new employer, after my 6 years of H1B are over (since I have i140 approved with old employer)?

I will really appreciate anyone can give me some brief guidance on this.

Thanks.

Immigration Lawyers Blog Has Just Posted the Following:
The January 2011 Visa Bulletin shows significant retrogression of family-based categories with priority dates falling back as much as one to three years. The 1st preference category (unmarried children of U.S. citizens) shows an increased wait from 5 years to 6 years. The 2A preference category (spouses and children of legal permanent residents) suffers the largest setback with an increase from 4 months to 3 years, while the 2B preference category (unmarried adult children of legal permanent residents) experiences an increase from 5 1/2 to 8 years. The 3rd preference category (married children of U.S. citizens) shows an increase from 8 1/2 years to 10 years. The 4th preference category (brothers and sisters of U.S. citizens) was the only family-based category unaffected by the retrogression, remaining at a 9 year wait.

Employment-based categories did not experience any retrogression and are as follows: EB-1 remains current for all countries; EB-2 remains current, except for India (May 2006) and China (June 2006); EB-3 is at Mar. 2005 for all countries, except for India (Feb. 2002), China (Dec. 2003), and Mexico (April 2003); EB-3 other workers is at April 2003 for all countries, except India (Feb. 2002); EB-4, religious workers, EB-5, and targeted employment areas and regional centers are all current.

To view the January 2011 visa bulletin, see http://travel.state.gov/visa/bulletin/bulletin_5212.html


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Thanks, Chandu.

Did you move to a different place or changed within the city where you currently live? I was reading an article yesterday and it said, if we move outside the area where we are currently located, it could trigger an RFE. I dont know how far its true.

Thanks!!

I want to transfer from H1B to F1.I came to US as a F1 and graduated in march 08.I got my H1B on oct 08.But now i want to transfer to F1 again and i had my visa till 2011. I had following doubts and please help me.

1) I heard that i can transfer to F1 from H1B without canceling(but deactivating H1B) is it true.

2) How much time does it take if i apply for change of status for F1?

3)can i take cpt in F1 and later on can i change to H1 by applying change of status?

Pls reply

Source: ILW News Letter


Serious immigration legislation is in the air. Rep Shuler's (D-
NC) enforcement-only bill has attracted a fair number of supporters, and the rumor is that the House Republicans will try to force through a discharge petition necessitating a vote on the bill. While we are skeptical that a discharge petition has much chance of success, the House Democratic leadership is apparently not so sanguine (for info on discharge petitions, see here).
http://en.wikipedia.org/wiki/discharge_petition
The House Hispanic Caucus has prepared a plan to meet the antis head on if they force a vote on the Shuler Bill.

The plan begins with the proposition that any serious discussion of immigration on the Hill will definitely harm Republican presidential nominee McCain. If he supports the "pros", the anti immigration fanatics in the Republican party will not support him in the general election; if he supports the "antis", it will weaken his appeal to the independents for the general election.
Second, should a vote on the Shuler bill come about, the House Hispanic caucus would seek to attach numerous benefit amendments to it - there is every likelihood that some of these amendments will succeed, a raising of the H cap, for example. Hopefully, so the thinking among the strategists among the House Democrats goes, the success of a few amendments will be a "poison-pill"
guaranteeing the defeat of the over-all measure since the antis are not in a mood to make any deal trading enforcement with benefits at this time. Ironically, the antis in the House may be forced to vote against the amended Shuler bill, thus positioning the Democrats as the real pro-enforcement party.

Our take is that once started down the Hill (pun intended), the momentum of an immigration bill would be hard to stop, and we might end up with something along the lines of the Kennedy-Kyl compromise of last spring, but without the point system which doomed it. To the surprise of many, Comprehensive Immigration Reform appears far from dead. And once again, it's the antis who deserve the credit for bringing benefits to the fore.

We welcome readers to share their opinion and ideas with us by writing to mailto:editor@ilw.com.
__________________________________________________ _______________

Friends, here are my details:

EB3, India
PD: Feb 03
140/485 applied concurrently on July 23, 07 at TSC
140/485 Notice Date (from TSC): Sept 17, 07

Now, initially TSC had a processing time of 6 months for 140. They then changed it to a specific date later on. As of March 15, 08, it's about Aug 15, 07. Following the last few months' trend, my observation is that I might hear about my 140 sometime this month. However, it's just a guess - it might take longer.

When I call the USCIS (or even my attorney), I'm usually told that the dates on the site are just an estimate and even if my case is outside of the processing time according to their own web site, I can't speak with an immigration officer or do anything more about it. Is it true? I mean, say if I don't hear about my 140 this month at all and if the TSC processing time for 140 marches ahead well beyond Sept 17, 07 (my notice date), I can't even speak with an immigration officer?

Thank you.

Maverick_2008

Folks,

Got a question on surrendering I-94 when leaving USA. Do we just need to surrender the one issued in POE when coming to USA, or we need to surrender the I-94 that came with I-797 approval notice as well. I'm getting different opinion from different folks, Some say surrender only the White one issued in POE, few say surrender the one attached to I-797 approval notice as well. One friend of my mine, was asked to show the part attached to I-797 when he went for visa stamping and luckily he surrendered only the white one issued in POE and he did not surrender the one attached to I-797, so he had it with him.

Folks, please share your experience on this.

Sorry for the new thread, if this had been discussed on other threads as well.

Thanks,

I think the number on both will be the same so if you submit any one that is enough. When you come back you get a new I-94 number

i think even an economic analyst can predict the stock market patterns but wouldn't be able to answer your question :)

Hi Elaine, I have a similar issue. I work for a consulting company, the company headquarter is town A (the same with LCA location) and I have been working for client in town B since several years ago. I have asked my employer whether I need to get an H1B amendment, my employer said since town A and B belong to the same metropolitan statistics area and are within commutable distance (9 miles), there's no need to do amendment. Should I be worried with the new memo coming out?

appreciate your answer.

Thanks for the useful information.

Recently I came back from India based AP but they stamped Mar 23 2009 on my I-94 as expired date since my AP will expire during that time. So would I need to file H1 extension to get new I-94.

hi Crazymonk...

they didnot hold my passport at the newdelhi consulate ...but has issued me a 221g asking me to submit a notirized list of all the employees in my company B with start date,end date,specific job title ,immigration status,yearly salary

and

w2 of all the employees in company B for the past one years

which i submitted after which i had got the refusal under 221g

Can someone please explain what is Form G-639 for . I googled on G-639 but it seems my case fits more on cases when this shouldn't be used. Please please someone please try to understand. All I have is my SSN and all I know is my I-140 is being filed and approved. I don't have the SRC number.

It all depends when someone applies for the labor, if you had BS+ 5 yrs exp and then did MS +4 yrs if you apply your labor now you can claim MS+9 again the experience at the current employer is not counted.....

In addition there are applications that are labelled 'EXPEDITES' on receipts. These are applications where the applicant or one of the dependents is between 20 and 21 years old.

My wife was also in the same situation. We hired a good Driving Violations lawyer. He reduced it to a no points 'Reckless Driving' ticket. It did increase our insurance premiums but no other effect.

U.S. Citizenship and Immigration Services (USCIS) has launched its newly re-designed Web site (http://www.uscis.gov/portal/site/uscis). Although the Web site update was scheduled to be introduced September 22, 2009, attorney Eugenia Ponce visited the site Monday and has this report:

The updated Web site is organized according to categories.The categories are displayed as Topics, Forms, Resources, Laws, News, and About Us. The topics are categorized as follows: Adoption, Permanent Residence, Humanitarian, Citizenship, Members of the Military and Their Family, Family, Visit the U.S., Working in the U.S, and Genealogy. After clicking on a specific topic, I was provided helpful information and even more additional information was available through the links on the left of the screen.The advantage of categorizing the information by topic is that individuals are now able to familiarize themselves with the process from start to finish. There are other helpful links and tools within each specific topic.

Another key feature to the Web site is that there is a “where to start” link. Before, individuals could navigate throughout the Web site not knowing where to even begin their search on a narrow issue. Now, the “where to start link” will allow individuals to begin their immigration search by narrowing it down to their specific issue. For instance, there is a scroll-down available for individuals under the “where to start” link. It states “I Am,” and one can select from the various choices available and get specific information relating to any issue.

Given the new era with text messaging (even various airline companies provide flight and gate status information through text messaging), USCIS has upgraded its site by adding a link that allows individuals to receive case status updates via text messages. The newly designed site has provided a one-stop resource center for individuals with specific queries and I am excited in navigating throughout their links. Visit the newly re-designed USCIS Web site (http://www.uscis.gov/portal/site/uscis) and see the improvements for yourself.



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