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I would like to know what is the risk if someone filed I-485...is it because he has two labor and I-140 or generic. I couldnt understand your point...?

US consulates in India don't follow a logic. They dont like someone applying for a non immigrant visa once 485 is filed and pending.

USCIS might be processing the applications in the order of recipt date
(need not adjudicate the application which is based on priority date)

So, i think USCIS can process applications without priority date being current.

I think this is correct. They can have the app reviewed and mark it approvable if it has all the necessary documents, then when the PD is current (meaning visa number available) they will pull it off the shelf, allocate visa number to it and send out the approval notice.
That's my guess, I have not seen their SOP (std operating procedure).

hi,

I am confused about whether to suggest 'member of the professions holding an advance degree" or "an alien of exceptional ability" for my NIW petition. What is the criteria to select one over the other? I have a MS/PhD from a US university. Proving to be exceptional is certainly difficult, but then holding an advanced degree may not be enough of a criteria for a successful petition.

Thanks.

Thanks for this info.
Well,I was given Green Form 221 g from NEw Delhi Consulate wherein they asked me to submit: Unemplotment Wage reports, Project description, Notarised list of Employee and W2.
With regards to my personal info, they okayed it with my MBA degree and over 12 years experience behind.:cool:
BTW, this is my first attempt in getting H1B Visa and I have B1/B2 Visa for10 yrs as also visited USA twice and came back within a fortnight.
My background check is okay.
The problem is with the Employer!!

(1) Unemployment Wage Report: All employers who are liable for unemployment insurance (UI) must file a tax and wage report for each quarter they are in business. Active employers should receive a printed report by mail during the last week of each quarter. The report must be filed by the due date. Employers must report all wages paid to employees. Consulate will be in a position to determine the stablity of the employer based on quarterly reports, which will give detailed insight about how company is doing.

(2) Project Description: Consulate is interested in what you will be doing with the company once you land the USA. This is a free form letter issued in a company letter head addressing to Consulate (Delhi in your case).

(3) Notarised list of Employee: Consulate can verify whether the number of employees mentioned in your document is same or higher; this can be tied to (1).

(4) W2: Consulate will require annual tax return filed by employer to see how the company has performed in the last year and current state can be determined by (1)

In my opinion, (1) , (2) and (4) is mandatory and (3) information can be obtained from (1) - without which your visa will not be issued.

If your employer is not co-operative then I suggest you start looking for new employer.

I agree with #2 as best. #4 is also interesting, but I like the clarity & eye contact in #2. Great capture, Joey. :)

That's neat glos :D

I want to apply for my OPT extension. I am currently on 12-month OPT.

I am too close to my deadline. So guys please reply ASAP.

I found 2 contradicting information on USCIS website.. Please help..

USCIS - Instructions for Electronically Filing Form I-765 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c646065d85cee010VgnVCM1000000ecd190aRCR D&vgnextchannel=9059d9808bcbd010VgnVCM100000d1f1d6a1 RCRD)

Who Is Eligible to e-File This Form

Except for those categories listed above, applicants falling in the categories described in Part 2 of Form I-765 Instructions are eligible for electronic filing.

Category 274a.12(a)

.. Blah Blah Blah

(18) L Spouses

Category 274a.12(c)

(2) Dependent of TECRO E-1 Nonimmigrant
(3)(a) Pre-Completion Opt 12 Months
(3)(b) Post Completion Opt 12 Months
(3)(c) 17-Month STEM Extension

Allright so this says WE CAN


Now look at this link

USCIS - Application for Employment Authorization (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=7d316c0b4c3bf110VgnVCM1000004718190a RCRD)


Electronic Filing:

Please note that the option to file Form I-765 electronically for the eligibility category (c)(3)(i) has been disabled. The option to file Form I-765 electronically for the new eligibility categories (c)(3)(A), (c)(3)(B), and (c)(3)(C) is currently not available but will be available shortly. When this option becomes available, an update will be posted to this page. The option to file the Form I-765 for the eligibility codes (c)(3)(ii) and (c)(3)(iii) remains in effect.

From above it says, WE CAN'T
Any ideas any one ??


Also my another question is with Form I-765
Question 11. Date you applied for previous EAD ??

OPTIONS:
Notice Date
Receipt Date
StartDate of Previous OPT
ExpiryDate of Previos OPT
Granted Date(How do i know that??)
Received Date


Thank you..

Can I interfile even if PD is unavailable?

This is not an AD moron. I am not looking to hire anyone. I am asking about NON-IMMIGRANT VISA advice. Since the forum is titled Immigration Voice > Immigration Information > NON-IMMIGRANT VISAS, I don't think my post can be THAT far from the right section.

WTFever,

This forum is intended for Highly Skilled Immigrants who are on Non Immigrant visa and are caught in the green card log jam. Discussion topics here are predominantly related to Employment based GC. You might not get a CORRECT answer here as your situation is not some thing common for people on this forum. You should talk to a lawyer and get advice for your situation.

www.murthy.com
www.immigraton.com
www.immigration-law.com

HTH

Hello,Our organization is limited to issues with employment based immigration. your friends case seems like a Family based Case and we do not have the right people to help you with your friends situation.

IV'ans - Please refrain from any suggestions towards this
though I can understand the advice ..I don't understand the reasoning ..an immigrant is an immigrant whether it is family or employment ..I would think that IV should try to increase its reach and not become an exclusive club...
Rique ..as far as I can think ..it is a very personal decision ..so it is difficult to give any advice ..maybe a lawyer can help. ofcourse the final decision would have to be taken by your friend.

Thanks janilsal.

We got married in a temple and returned the license to the County Clerk's office.
We can't mention martial status as married due to family reasons.
We are fine applying with martial status as single independently since both of our PD is current now.
Will they find this discrepancy martial status during background check? I'm unsure whether these will appear in the background check in the first place.
Please advice.

Thank you!

I recommend talking to a lawyer. Remember, that you (and your partner) are certifying and signing all forms. So, if you are legally married, it would be perjury to leave the "spouse" field as blank.

Thanks,
Jayant

ok thanks

Hello Folks,

We should call the new organizations. But in this case people will talk about this issue for a day, maybe two. The one thing that will catch people's attention is we do something OUT of the way!

I support one suggestion put forward by one of our members - Go the Munnabhai way! Send them flowers! Do you guy have any idea what kind of news that will be? If USCIS suddenly receive 1000s of flowers everyday? Granted we will be spending money from our pockets but that is a small price to pay to make our woes known to others!

This is really a cruel joke played by DOS and USCIS! We should not stand by and do nothing!

So, if people are interested... let us start a send a flower a day campaign!

Dilip

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