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Can I file concurrently I-140 and I-485 if the labor is approved but haven't received the hard copy? What do I need to attach to these applications to substitute for the hard copy?

Just noticed that my lawyer has attached marriage certificate of my co-worker in the dependendent's petition. I am waiting for the receipt.

What are the impacts of this mistake? To compound the issue, my wife is flying out next week for a month to India.

Gurus any answers on this is deeply appreciated.

You will gen a RFE and while sending the RFE response make sure you write a nice letter to USCIS mentioning that the law offices screwed it up.

As long as you are getting paid for the posistion your H1B co has hired you for, and are getting paystubs to prove that, you are fine.

You had a client and you were getting paid by your H1b employer, now you are getting paid cos you are working for your H1b employer directly. that is how I read it.

Your H1B petitioning company has to give a letter stating your continous employment with them, and that should be good.

PS: Techincally and legally speaking, you are borderline OK, however, with all the facts you have stated, it is illegal for you to be in the US on an H1B.

My greencard application has stuck in name checks for 3 years. I recently filed a Writ of Mandamus. Before going to court, U.S. Attorneys filed to dismiss my case, citing that the adjustment of status is discretionary and the FBI can take as long as they want to do background checks.

I am hesitating whether to go ahead with a court hearing. In addition, I am not happy with my current lawyer.

Can someone recommend a good lawyer to me? Many thanks!

YL
Hi Yingli,

I am sorry you have been stuck in the FBI name check for three long years. The fact that you have a motion to dismiss filed against you is not your lawyers fault. This is the standard operating procedure for all US Attorneys across the country.

The most important thing right now is that your attorney respond to the motion and get it denied. Once this is accomplished, your attorney can shift to offense and win the case for you.

~Justin Fok

simple answer, many of us did'nt to do what it takes to get a legislation passed,

how much did you contribute this year to IV in terms of monetary and efforts, how many senators did you call and voice your support

Translate it yourself , but make sure you do line to line Translation and get it notarized ... simple

If you were born in India, EB-2 or EB-3 doesn't matter.
Absent any legislation, it is estimated both will take anywhere between 20 to 40 years to get to current date.

Good luck!

You can stand in the Home Depot parking lot with a jumpsuit and a bandana if you want to make some Hard Earned money............If not, stop asking stupid questions in this forum. You should know that when you get your freaking H4 visa.


Is there anything i can do on H4 visa??

Hello,

This is my status.

I 140 � Approved in 2006 and have a copy.
I 485 � Filed in Jul 2007, Receipt date Jul 02, 2007. Have copy of I 485 receipt.
Perm Labor � Have perm labor approval copy.

Since it has been more than 180 days I 485 is pending and I 140 also approved, I joined my client. Now my old employer says he will withdraw my I 140.

I would like to send AC21 job change info to USCIS my self.

Please let me know if any one is in the same situation and filed (informed) AC21 by yourself.

And also advice if anyone used new attorney only for AC21.

Thanks.

In addition to contributions, we need to work very VIGOROUSLY on timing the following with the appearance of our Bill on the Hill.

2. Grass root lobbying of our local legislators.

3. Media publication of our issues.

Please focus on these three issues only. Put them on your fridge, car, bathroom mirror, forehead, etc. Whatever works for you.

The remaining activities are of ABSOLUTELY no use for our cause.

Thanks, Sanju. I was wondering where to ask for assurance; looks like you have found a place. I too need some help: last time my fingerprint check took almost 8 months (!) and I gave one set of them again today. Can somebody assure me that they will comeback before the dates become U again. I am soon writing to Murthy, Oh, Schusterman and Ombudsman too. Thanks for the empathy - whoever responds..


The desperation of your post suggests that you don't need direction, you need therapy. We just need someone to give us some assurance that we will all be fine and live to see the light of the day on Tuesday even if DoS sends out a revised Visa Bulletin. At this time, I too need similar assurance from someone. Can anybody help?

Hi,
What are my options here? Is there a way this case can be fixed and brought back on track or am I in a no-go situation? Please advise on the next steps.


You can refile the 485, if your priority date is current. However, if you filed in the crush of 485s done in Aug 2007, I suspect that your priority date is now backlogged again.

Hopefully you do have H-1B status. Otherwise, as the prior poster says, you are no longer authorized to be in the US.

I don't know if the MTR can be appealed in any way, it depends on how it was filed and why it was denied.

As regards filing a formal complaint against the attorney - that varies by state. You can check your state bar rules about this. It was a very unfortunate mistake to miss one question on the 485, but probably not serious enough for the state bar to impose any sanctions.

04/20/2007: Immigration Reform Growingly Picks Up Heat

Along with more and more number of bills which are being introduced in the Congress, the constitutents of pro and con in the communities start mobilizing their muscles. Currently, the Senate debate schedule remains the last two weeks of May and these groups started acting up to pave a way for building a lofty wall against or smoothens the road for passage of this legislation. The Catholic community is very charged in support of the bill and actively lobbying both openly and behind the scenes to work with the legislators. People sometimes question why the Catholic community acts as one of the front lobbying forces for the CIR. You guessed it. Hispanics are Catholics and the CIR will tremendously expand the horizen of their constituents and its power base in the national political arena. Twelve or thirteen millions are not a small number. The same question is also raised relating to the AFL-CIO, labor unions. Again, you guessed it. The low-end industries and illegal aliens that will benefit from legalization are charaterized as workforces that belong to the organized unions. This is contrasted to the high-end industries and professional workers that are not by nature tightly organized into the unions. For the reasons, the unions tend to support the CIR, unlike the high-tech worker bills, to take advantage of expanding its membership and power base through the to-be-newly-recruited members of the unions. Aha...... Immigration proponents hope to see that legal immigration supporters and illegal immigration supporters quickly find a bed to share and become bed-partners such that the immigration reform legislation will move along more smoothly avoiding internal feuds and conflicts in the community.

http://www.immigration-law.com/

It is a positive update - hopefully, these "behind the scenes" or "back-door" lobbying efforts/activities will help alleviate the Retrogression situation.

If there is any chance, it is 2007. In the past 2-3 years, there have not been so many Bills in the House and Senate, aiming at solving the Immigration situation.

I just read the following update on www.immigration-law.com -

04/20/2007: House Version of SKIL Bill, H.R. 1930, Introduced in the House on 04/18/2007

Congressman John Shregg from Arizona introduced the SKIL Act of 2007 in the House on Wednesday, 04/18/2007. This is a bill which is identical to the Sen. Cornyn's bill in the Senate. These two legislators also introduced the identical bills in the House and the Senate last year. The full text has yet to be published, but the text is considered identical to the Cornyn bill. Rep. Shregg strongly opposes the comprehensive immigration reform legislation that includes legalization of illegal aliens.

The EIA, Electronics Industries Alliance, supports this bill, particularly H-1B reform, but asks that the SKIL and H-1B reform be enaced as part of the Comprehensive Immigration Reform legislation.

Called again to find the same response of Denied.

The attorney's office is trying to get in touch with USCIS and find more info.

Meanwhile, planning to use InfoPass to meet with IO.

Why notice to deny was not sent to me is puzzling me. No RFE's.

I have lost 2 years as the status all the time is case received and pending (checked few minutes before too).

BTW , Raja Krishnamoorthi is a very close friend of Barack Obama. He is currently competing for State Comptroller (A public position) in IL.

He had personally visited the president at his oval office so folks if someone thinks he can help he surely can help.


Nice.. to know this, hope my Daughers become famous like this. Really.

I am poor guy working as IT Admin -- hope my wish comes true.

Excellent proactive attitude......This is what we need....

I would like to make the following pledge...

For anyone who gets one friend to sign-up for a $20 monthly recurring contribution, I will make a one-time contribution of $50 per recurring contribution upto $1000.


Anyone ready to take up my pledge?
Thank you for your pledge.
I am sure our members will take it up as a challenge and help you complete your pledge.

Hi:
Did u submit a copy of approved 140?. I am guessing they requested proof of 140 approval.

For a long time, between 2001 to late 2004, All PDs (EB1-EB5) were current. Main reason for this was, labor certification used to take 2-4 years during that time. If you do not have labor certification coming out, you always have visa numbers available. Just when PERM hit, retrogression came in to the picture.

The emails are sent only when there is a status change not for updates and the delays in the emails are at least at this time due to the fact that they are not updating the status immediately but mailing the documents first.

Do you guys forget they recaptured used around 100,000 in FY2005.

They recaptured 130,000 (unused from FY 1999 and 2000) thro AC21 act and used all of them by 2005.

Therefore from 2001 to 2006 available# for recapture is 101,000, excluding AC21 reacpture.

and now TOI has a big headline that the Swine Flu has now reached India, thanks to its carrier from Texas who flew into Hyderabad a couple of days ago.

http://timesofindia.indiatimes.com/Swine-flu-reaches-India/articleshow/4465683.cms