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Folks,
Here's my situation: Eb2 India (PD of 24th May 2006), filed 485 ONLY for self in September 2008, got married later and hence wife is not yet added to my 485 application. She is dependent H4 on my H1 visa -- so even though I have EAD, I am NOT using it.

Changing jobs now going to same title, similar job duties. The lawyers at hiring company say I can use my EAD and H1b interchangeably! And my understanding was that the moment I use EAD, my H1B is annulled. Is this not right?

Second question -- the lawyer mentions that even if my date becomes current and we can for some reason NOT get my wife's 485 application in, we can always do follow-to-join without any issues. Has someone had any experience with this. My understanding was that I NEED to make sure my wife's 485 application reaches them on the 1st of the month in which my date is becoming current.

Could someone PLEASE comment on these two questions?

Thank you much!
-Shishya

The applications are traditionally processed in the order in which they are received and not by Priority Date.

I had an appointment on Feb 13th at Delhi for H1b renewal. It took less than 15 min for both of us. H1b and h4 we were given special treatment because of our US citizen children. No waiting in line and even no qu from VO once he came to know about children

Didnt they just abolish labor substitution?????

I got the RFE yesterday for my wifes AP I-131, Its about photo as expected.

Have you been seeing any approvals for EB2 India lately?

But it is too late now :(

Well, thankfully, you are EB2 so you won't have to wait long.

Good luck!

Thanks,
Jayant

Let me start my saying that H-1B status and H-1B visa are, somewhat related, but two different things.

If you are currently in the US on H-1B status, and your H-1B status is about to expire, then your employer needs to file a I-129 petition for extension, with a new LCA, to the USCIS. You can do premium processing, and have the response from the USCIS in 15 calender days.

Once you have the approval notice of your extension, you can go to your home country, or Canada or Mexico, and apply for a new H-1B visa.

Though it is your employer's application, you are legally allowed to pay the $1000 for premium processing.
Some posts suggest that it is entirely your employer's headache, but to be honest, it really doesn't work that way, especially if you work for a small company that is not very well versed with the process.

If this post helps you, I would appreciate if you could give us a hand in our ongoing efforts (http://immigrationvoice.org/forum/showthread.php?t=16506)!

Good morning all of you:
If you had the experience of renewing your H1B visa could you please advise how is the process?
Thank you for any feedback .

Never seen any one asked for EVL for derivative at POE. Especially on AP. So you should be fine on that front. But You need to realize that you need to find a same / similar employment ASAP.

Hi,

I know there has been lot of discussions on things to do and not to do after changing jobs - but seems like there is no definitive conclusion. Thought of getting opinion on following:
(i) Generally people suggest to send G28 to change the lawyer representation - this helps in tracking what is going on without missing any RFE's.
(ii) Regarding AC21 letter informing USCIS there are contradicting advice even from lawyers - some say that dont do anything until they issue an RFE. Thinking here is that we would attract USCIS attention by sending an AC21 letter that could potentially delay. By not sending the letter they might just approve without any questions.

Based on this, I initially thought of sending just G28 but not AC21 letter. But once we send G28 to change lawyer representation, my application get USCIS's attention anyway - so I am thinking why not send AC21 letter as well as a back up.

Any opinions?
Thanks.

Fiscal year 2007 -- Does this mean all the visas issued from nov-07 till date or nov-06 to oct-07 ?

I think folks who applied in July are still waiting for AP approval. A few are still waiting for receipt notices. I would be surprised if August filers have received APs.

Please see other thread on similar topic...please do not start new threads without researching exisitng threads...moderators please lock this thread or merge with the existing thread.

Hi,

I have been filed in EB2 with a priority date of Feb 26 2007.
What you guys think about the possibility of my PD getting current this year?
I know that it needs a crystal ball to predict such horrendun things like PD movement, but I am just trying to get a poll on the general feeling about the spillover this year.

Thanks in advance.

You can check out the EB3-EB2 calculations thread. You have a decent chance of getting your GC by September 2011 based on the predictions there.

Hi,

I got my I-140 approved last week at Texas Service Center and the status was Approval notice sent. Today, I got an email from CRIS mentioning this case has been transferred to Nebraska Service Center for processing where my I-485 is pending.
Can anybody throw some light on this?

Thanks,

Shruthi07

Online status shows:

Application Type: I140 , IMMIGRANT PETITION FOR ALIEN WORKER

Current Status: Case Transfered to Another Office for Processing

On June 3, 2008, we transferred this case I140 IMMIGRANT PETITION FOR
ALIEN WORKER to our LINCOLN, NE location for processing and sent you a
notice explaining this action. Please follow the instructions provided
on the notice. We will notify you by mail when a decision is made. If
you move while this case is pending, call customer service at
1-800-375-5283 to update your address. You can use our processing dates to
estimate when your case may be processed by following the link below. You
can also receive automatic e-mail updates as we process your case by
registering in the link below.

Shruthi, I see the similar message below on my I140 as well which was approved a year ago. Did you have any updates after that ?

On August 5, 2008, we transferred this case I140 IMMIGRANT PETITION FOR ALIEN WORKER to our LINCOLN, NE location for processing and sent you a notice explaining this action.

I have sent an email to Franklin.

Nice story Freddy....Good sequence of shots. Do I see Juan Valdez and his mule in one of the shots? A good example of making your pics tell what you want the viewer to comprehend with any second guessing.

The only thing I notice is a little orage that looks unusual on the tip of the rear ducks beak. If that's not it, I don't see anything.
No, it's just the lower centimeter or so of the picture, below the beak, that I've created by cloning, the rest is as captured.

And, uh, swans, by the way. ;)

A thousand a year is a trickle. My friend has moved to California on an EB5, and found it very easy. For the average Brit with property in the UK the 500,000 Dollar investment is not too onerous. In fact it's probably the easiest way in.

See my friends experince at EB5i (http://www.eb5i.com)

Rayner

Thankyou guys, appreciate your answers and help.

I would not get married until I have the GC in hand. In the mean time ask your gf/fiance to start her GC process thro employer. Once you have your GC, you can get married and apply for her GC. Whicher way her GC comes first - i.e. through employer sponsored or through your sponsorship, go with that. I think its taking around 3-4 years for GC to sponsor their spouse.

..............
2) Explain why you leave at the following address( XYZ�.) and your spouse lives in ABC address.
..........

I hope that you are aware of the rule that AR-11 (change of address) must be filed within 10 calendar days of physical move.


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Not a legal advice