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Dear all

First of all..THANKS SO MUCH for taking the time to answer my questions!!! I needed that support! :)

Sorry i confused u all...here are my GC Filling details:

LC State: NJ
LC Category: EB2
LC PD: 24 SEP 02
I-140 FD: 15 JUNE 06
I-140 RD: 16 JUNE 06
I-140 LUD: 03 JULY 06
I-140 Receipt# : LIN-06-191-XXXXX
I-140 AD (If any): Still waiting!!!
Concurrent filing: NO


So my PD is 9/24/02. Yeah, i also read 180 days after filling I485 b4 i can leave my current company under AC21.

I guess the best option for me is to

** wait till my get my I140 approves,
** get my H1B extended for another 3 years (instead of 1 stupid year),
** Wait for at least 180 days

then move to another company (if i still get another job offer by then) Correct?? So by then, the new company should be able to transfer my H1B and finish up my GC process? But..but can my old company do anything to jeapodize my GC filling? eg: revoke my LC or I140???

More suggestions and opinions??? :o


Given my PD is 9/2002 (EB2), I won't be affected by the retrogression right? if i am not an India or China citizen.

Pls advise

Sky

You can apply for visitor visa and visit canada. if you PR is approved before you need to go to Canada, You do not need any visa

Hope things will work out good. the disaappearence of H1B memo from USCIS policy website itself is a good sign, let them announce formally also that they have withdrawn that memo.

May GOD Bless all.

USCIS Policy Memo site link below see for yourself.

USCIS - Policy Memoranda (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=7dc68f236e16e010VgnVCM1000000ecd190aRCR D&vgnextchannel=7dc68f236e16e010VgnVCM1000000ecd190a RCRD)

Finally USCIS is acting with some sense in them. They did not think through when they were complying with Sen. Grassley. Their minds were so concentrated in getting the IT industry that they did not realize the back lash will come from all H1Bs, from all sectors including doctors and nurses; and most importantly these people do not have any clue of the present day business models, so they got hammered by businesses too, plus AILA took it on its legality.

Hmmm questions sent.

This should have been publicized in the local chapters also.

They are entitled fro thier opinior and so are we as immigrants.
We are doing a great job so far, but have to do better.

Long live IV Core and its members!

Raj,

Try to help if you can, if not just shut the **** up, only the person on the wrong side can feel the pain. He'll consult attorney anyways.



Hey Guys, I'm the OP. I'm not on the wrong side of the law, I was asking those "What if" questions to get more information on this subject and try to convince my employer to renew my H1B instead of using EAD.

Please don't start a fight here. Please try to respect each other in public forums.

I dont think waiting is a problem, till you know there are people with you..........

Besides the wait will never end even if i get my i140 approved today.............

the whole idea is to get GC, which is a distant dream come true............

My wife got approval email yesterday.Mine was approved in October 209.She received fingerprint notice .we gave her finger prints on November 23.I am glad her got approved soon.

Rubaru

Any one get refund from USCIS ??
I sent EAD application on 05/01,was approved on 06/14 and never received to my address,called after 30 days of receiving email,they said card lost in the mail and they suggested to apply replacement card.I applied for replacement card,approved and also received last week and since monday receiving emails saying card production ordered on old one which was mentioned as lost in the email.I just spoke to USCIS representative,he suggested to send a letter to TSC for refund request.

any one sent letter for refund before ? do we have any form for refund ?
How this will work out ?

I dont think USCIS will issue refund ....

I would love to believe that - some predictabilty in the assignment of files to AIO's - but that is certainly not true atleast from what we see from data !


Even though your pd is current, It is quite possible that they have not assigned a visa number yet to your case. So they are probably assigning by order of PD's
Example: Sept 2003, before Oct 2003,....So on..so they are assigning earlier PDs Visa numbers first.
Second possibility is that there could be too many eligible before your date or exactly your date and in which case they will go with RD..which in your case is July 2nd, 2007. There could be people with 485 RD's in 2005 when the dates were current.
This is pure guess work and speculation, I really do not know how they do this. But if they really have enough visas for EB2, yours will still be current next month.

-------------------------------------------
India EB3- PD: June 2003
Contributed $480 + Monthly Recurring contributor.

Hi All Gurus:

I am changing my employer with pending I-140 and I-485 both > 180 days.

RD: 07/23
ND: 09/13
EB2/TSC
PD:12/04

I might recieve an RFE as I did not submit experience letters from my previous employers. I have a masters degree from US.

Just in case I get an RFE on I-140 and old lawyers/old company chose not to respond what are my options? I have letters with me now and can myself respond to RFE if I know what it is about.

if RFE goes unresponded is MTR the only option left??

Thanks in anticipation.

Could you please throw some light?

GG_007


Fellow IV members who have their GCs approved and some of those who are still waiting:

I have a few questions on how my brand new GC will help me in my situation..

My current project is ending 12/31 and I have about 20 PTO days left(yes, I get PTO from my desi employer)...Like many others I have signed a 'bond' with them that I will not leave them before july 2008.

Now after my current project is over, can they force me to use my PTO? or ask me to go on unpaid vacation even if I'm willing to work for them if they have work for me...

What if I get something on my own but my employer is not able to find work for me and pay me... Am I still bound by the contract I signed with them?

Thanks for your inputs

I did some research and it seems for AC21 the job description matters and it should be same or similar. The job title may be different.

I think we should be fine but it is safe to take the opinion of at least two good immigration attorneys before proceeding.

I spent about 15 minutes the other night trying to make C3-PO smilie to go with :rd: I found it tough if you wanna give it a shot.

Don't be offended by these RFE's. USCIS officers are just doing what they were told to do (doing their job).

I understand that the marriage ties of Indians are very strong. But we are in America, and the proof they are asking is to show that the marriage is still in good trust (a marriage certificate is not enough proof for that).

Same with birth certificate. Americans are used to giving extreme importance to birth certificates, and in India, we never had to use birth certificate as a supporting documentation. So when you don't have a birth certificate, or when the birth certificate was issues recently, they are asking for secondary documentation.

In the rfe I received both for my wife and myself I was asked to resubmit affidavit with full names of the parents. Also was asked to produce bonafide marriage documents. It is very stressful. I could not believe why I need to provide bonafied marriage document. If I am not married to my wife, how she got her H4? I could not believe my birth certificate is haunting me this way. Any of our school records mentions mother and father names. I am going to produce affidavit again with full names and try my luck again.