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Thanks Shirish :)

ags123, not to alarm you, but is it possible to apply now for your wife? Since you already got your 485 approved and crossed the proverbial line into the gc land.

Just to make sure you don't get confused about Answer 3..... No, there is no time limit within which you must get the SSN. You can apply any time for SSN as long as your EAD is valid. But I see no reason why you should wait. Moreover, if she starts working, she cannot get paid until her SSN comes along.

Let me clarify point 3) again
I told it because the same way my spouse received SSN# < 10days but those people will say it take minimum 15days or so.But before you go to SSN office you need proof of EAD approval or best is EAD card,passport handly.

HTH,

Your employer gave you a red mark.

somebody gave red mark...what happened???

I don't understand what is strange in this RFE. The only this is that this kind of RFE would be very appropriate if you used AC21 and changed employers.

This includes 2nd July 2007 received date.....

Its very ambiguous.....on one hand they say:The processing dates shown below represent the receipt dates of petitions and applications currently being processed by the USCIS field office
and then they also say: If the receipt date shown on your receipt notice is prior to the processing date shown below, you may call USCIS Customer Service at 1-800-375-5283

So we cannot call the USCIS even if the RD is July 2. :confused::confused::confused:

As I've been hearing different versions of this conference call.

1. Expect further retrogressions on the visa bulletins

This is common among all versions

2. USCIS received approximately 800,000 total applications in July and August in addition, they received 100,000 family based I-485 cases in JulyThis is a very debatable number. The number is estimated to be close to 200k EB applications. FB, Asylum etc. also add to this 800k number. The CIS official is just saying "We are inefficient as we are swamped with work"

3. Do not expect premium processing to be re-instated for I-140s for a while

Not true. Premium processing is expected to start from Jan 2008 as soon as this mess is over. It's a money maker for CIS and a cash-strapped org will not simply kill the golden goose.

7. Aytes said they are trying to set it up that next year the EAD and Advance Paroles will be issued for more than a one year expiration and that there may possibly be one document issued for both the EAD and APs. More on this will come by the end of the year.

Not strange, considering that you "pre-pay" for your EAD and AP for filers who have filed and will file after July 30,2007. It only increases CIS workload to renew EAD and AP everyyear for free. What I've heard is that this is only for applicants who applied after new fee structure is in effect. :(

9. Since the BEC will be updated, Carlson said to expect an increase in audits for the PERM cases at the end of this year and next year----make sure ALL of the recruitment requirements are being met; no fraud involved; employees not being required to pay or pay back labor expenses; employees not involved in the recruitment, etc.
PERM audits started beginning October 2006.

12. New PERM form on March 28, 2008

13. Carlson stated that the DOL�s position on attorney fees are the foreign national can have an attorney represent him/her for letters of support, previous job descriptions etc. to prepare for the upcoming I-140 stage and ensure that he fits the already prepared job offer requirements, but ALL fees and costs associated with the PERM filing (job offer requirements, advertising, recruitment, preparing the form, filing the form, motions, etc) MUST be paid by the company. FAQ�s are on the DOL website.

Nothing new. This law was introduced on July 16th by DOL.

14. Work site enforcement----expect CIS officers to request to see I-9s---Make sure the I-9s are being properly completed by the employers.

Work site enforcement of employers who have petitioned as H1-B dependent.


16. WATCH OUT FOR DUIs---in both nonimmigrant and immigrant cases!!! Delays are occurring in these cases.

Makes sense.Speeding tickets go only into driving record, but DUIs go into criminal record too. That would make sense. But would anybody with a DUI be a responsible immigrant / citizen in the first place?

17. The US consulates and CBP are Googling you!

This is absolute nonsense. Apparently they've a far more sophisticated database than what Google will ever have. :rolleyes:

Once you are 183 days on H1b (significant presence test), you become resident alien for federal tax purposes and file 1040 just like any other resident. From my experience in real estate, I am yet to encounter an IRS form that says H1b's shall be taxed 10% more. Can you request the IRS publication number from the source? I am curious.

Thanks. When you get a chance can you please send web faxes. It is under main menu on the left side.
You can send the faxes to all 50 states. Please update the web fax thread once you are done!

Thank you again!

Keith Ellison, Congressman from MN was in Milwaukee, WI today.
I had a chance to meet with him on a small gathering for his fund raiser.

He is a member of Judiciary commitee.

We asked him questions on how to become more active in Politics, how Congress works etc etc.

He gave a good example:
He said politicians are like a mom with many kids..one kid is labor union asking for help for their issues, other is teachers union etc etc.
And if one kid is shy and does not say anything then he is not going to get anything.

Point is very simple, Congress needs to heard like crazy from legal Immigrants about issues. So please on Mon during lunch call your congressman every day for next week. Send them faxes, emails etc.
So when they vote they know that what are issues for legal immigrants.

If you don't then you won't get anything. It is that simple.

thanks,
engineer

I have done interfiling myself with PD of March 2000, no luck yet. Interfile is a matter of luck, there is no guarantee that the letter you send will reach your file. Also USCIS does not give any confirmation that received your interfile and will transfer the PD. All depends on when they process your case and see your interfile, they may take action.

I had sent my interfile January sent by Fax and also by Fedex, followed up with a phone call numerous times. Not discouraging, but wanted to share my experience.
Jai, Whats the fax # ? I am also in same boat. Have sent 3 letters so far. This is very frustrating. I do not know how come lawyers say that interfiling is easy and way to go rather than filing a new 485 ...

You want to keep your 140 intact for 2 reasons:

1. To port the priority date for future use in a subsequent Greencard petition.
2. To get more H1 extensions based on this 140, until you have another labor and 140 going on with new employer.

First, about 1:

There is a lot of information on this thread about priority date transfers (http://immigrationvoice.org/forum/showthread.php?t=912)from old approved 140 to a new 140. Read that thread and you will learn all you want to learn and all the information out there in the immigration world about PD transfer from one 140 to another 140.

In a nutshell:
Its a grey area of the law. If your 140 is never revoked, you would be fine and able to port your priority date. If it is revoked for fraud and willful misrepresentation, then you cannot port that PD under any circumstances. If 140 is revoked by employer then it falls into grey area. USCIS adjudicator's field manual says that you can still port your PD. The code of federal regulations says that you cannot. Currently USCIS is porting priority dates even if employer has revoked that 140, and they are following the AFM(adjudicator's field manual). However that can change in future. Legislation trumps regulation and regulation trumps the adjudicator's field manual. For now, things are great as AFM is being followed.

About 2:

If you have an H1 approved for 3 years after 140 approval, and you transfer jobs to a new employer and get another H1. You should be fine. If your previous employer cancels your I-140 after you leave and go to another employer, then USCIS will not go back and cancel your H1 because it was based on an approved 140 that is now revoked. This is what is happening as of now. At the time of H1 transfer to your new employer, your 140 should be in good status and you should have a photocopy of your approved 140. Once your H1 transfer is done (probably will have same end-date as the current 3-year H1 from your current employer), if the 140 is revoked AFTER that, then you should be fine. I am saying this based on advice from a very good lawyer.
Now, in far future, USCIS may decide to go and look for H1s that were approved based on approved 140 and then if that 140 is revoked, then they would go and cancel that H1 also. Its very very unlikely that they would do that even in future. They dont have that kind of resources to keep track of H1s based on 140 approvals and then go back and cancel them whenever some disappointed employer revokes 140.

About preventing 140 from being revoked:

I do not think that by changing lawyers, you can stop the previous 140 from being revoked. Your previous employer, for any reason, can get that 140 revoked with any lawyer they choose, regardless of who your current lawyer is. Lawyers are tied to clients, not petitions and cases. However, if someone knows more about this, please post here.

Unless you are sitting on a pile of cash, this is really a no brainer....

Like others have suggested :
(1) Give it to me, i will invest it for you..;-)
(2) Depends upon your familial situation and resources you have, both here and in your home country.
(3) If you plan to go back to India ( i am guessing yo are Indian..)

This really is a personal choice that you have to make, with your spouse. By posting such question on open public forums, you have just opened the floodgates to getting made fun of and ridiculed...believe me, it is very tempting...

I just sent webfaxes to senators from PA , NY & NJ, with my old address for NY and NJ . I did used the letter on this thread since it covers our issues in a nice layout, with some alteration to it.:)

My Company is asking me to sign a new 2 year contract with them to get employment verification letter required for I-485. Is this legal?

if there is any breakage clause,Make sure that you understand the amount of damages. If the company is desi ,you can always negotiate at a later time

Please update profile before someone can help.

Just did it. I put in the information that I have.

I meant the same, they will ask only for your current employer paystubs and RFEs not the future employer. but if there is substantial difference in wages then there could be some potential problems. This is to asses your intentions whether you will continue to work with the same job as mentioned in ur LC.

No way they will ask for pay-stubs from future employer. With EAD you can do any job. They may ask for pay stubs and W2 from Current employer.

It's not like he suddenly realized something. The only reason they changed the policy is that they got sued. Period! :mad: They continue the sabotage with processing dates going backward (which is never supposed to happen!), etc, because they feel no threat to their well-being.

Now USCIS has started finding other reasons , so that their processing times can become sane. "Additional Review" , "RFE for documents issued by INS 10 years ago" etc.

And one example : http://boards.immigration.com/showpost.php?p=1871043&postcount=2902

I agree.
I have also heard that it can be picked up from a consulate. How does that work?

you would have to specify that when you apply for the AP. Look at part 7 item 2 in the application.

I agree that we need to add a poll on how many are already waiting for adjudication in I-485. This will give a better understanding of visa dates will move going forward. I am sure state dept doesn't expect people applying in June to get their GC anytime before 2008.

Check the signature.

This interests me. I am in the cross roads of my career where I have been offered a job that requires a lot of international travel. I was told that since we are adjusting status, it is not a status and countries like Thailand (any country) will not give you a visa as you dont have a status in the US. Would like to know more on this topic - I am sure there are others in this boat.


Hi Guys,

My wife was on a H1B visa with a company until June 2010. She is no longer working and her Her H1B visa is now expired.

I am in the final stage of my green card process and we have both EAD and Advance parole. Since we have valid EADs and Advance Parole documents, we didn�t bother to pursue a H4 dependent visa for her. We are planning to go to Thailand next week for a 10 day vacation. I just want to confirm that she will be able to come back into the US with her Advance Parole document which is valid until June 2011.

I would really appreciate your quick response since we are looking to purchase tickets in the next couple hours.

Thanks and have a great weekend,