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either way .. you can not file because I485 because ur PD is 2008, so need to wait for awhile (not sure when). please check visa bulletin every month. if it reach your PD then you can file for I485.

ps : give me green if this helps.

Thx


Mr Haider

Please give the entire facts of the case before asking for advise.
1. You said your I-140 is cleared, that means u might be working currently or did they apply as future employee
2. What does your master's have to do with your EB3 application? if you already filed in Eb3 and your date is current there is no point in waiting for completion of the masters and then filing in EB2. Either the attorney is drunk or you are not giving the entire information.

Please give all relevant info and hopefully somebody can guide you. If you feel your attorney is messing you up, you can file for your 485 by yourself if you company agrees.

either way we need more details to help you dude

- cheers
kris

My labor application for GC (pre-PERM) was lost in the Dallas BEC and DOL was never able to find it. However, in my case we had gotten a receipt and also had proof of mailing etc. We had to resubmit the labor application and DOL immediately approved it within a week. However, because of the delay caused I missed the window for filing I-485. I had to wait for more than a year, till my PD became current to apply for I-485.

Thanks,
Prasad

Thanks Prasad.

We are sending everything back certified mail tomorrow AM. Our big problem is that announcement regarding April's retrogression. We are REALLY hoping USCIS honors our original filing date of Nov. 08. Our PD was current right up until this month.

fingers crossed!

Good news..

Status changed to :- Approval notice sent.

Boy oh boy..what a thriller..

Thanks for all your comments and wishes, I will update this thread, when I hopefully get the visa stamped and come back into the country :)

I checked my online status online. It only shows the application is recieved but not the name. If I create my profile would I be able to see my name when I check status online. I haven't created my profile yet.

All of a sudden since last week there has been an increase.. in these kind of people who "suddenly" pop up ; make their first time posts challenging IV and its mission.

I think the best treatment they deserve is IGNORANCE. we probably shouldnt even reply to such ridiculous posts of people who are not even aware what the CIR contains for us legals..

please ignore such people..or else these threads keep lingering on top..which they dont deserve

Your lawyer is correct. Since you are from India, you cannot apply for 485 at this time and hence you cannot get an EAD.

You can apply for your 140-NIW and wait for your EB2 PD to become current - whenever that happens.

Alternatively, you can check with your lawyer if you qualify for EB1 - extraordinary ability. In that case, the PD for India is current and you will be eligible for 485 immediately.

though note that for EB1-EA just a PhD alone is not enough. you really need to have shown extraordinary ability in your field (tons of papers published, recognition from intl organizations etc).
Otherwise you need to wait for EB2 to be current, which, if your PD is 2008, could be many years away (latest visa bulletin is at April 2004).

4/3's?? Hard to say..... It's certainly going to get a following. But it's limited compared to where larger Sensors will go ultimately.. Certainly the E1 is a NICE image machine.

For your $1,000 do you want new or have you considered second hand??

RobI have browsed at two local specialist camera stores but the only digitals were either very old or cost more than I can buy new on line.:(

What is that thing called as interfiling ? I guess, you need to file an amendment saying that instead of using that labor, use this labor. Somebody explained this process in some other forum. Here is the link:

http://immigrationvoice.org/forum/showthread.php?t=5482

I think they are probing link of your Civil Engineering and Computer Analyst job. They are looking for specific computer oriented language courses that show you have formal education in that and that should corraborate your work experience letters. Its well known that getting EB2 for computer analyst etc oriented jobs is getting difficult. They are now questioning more and more as to why analyst oriented jobs should require Masters and #2 they are looking for links between Civil Engineering education and Computer oriented job that you are trying for.!!!

All the best.
Best Regards

Other than a MBA or MS, what else could be a better qualification for Analysts / Business Analysts??? Why shld they question the need for Masters? I was of the opinion that for a Business Analyst type profile, MBA would be apt / required to perform the duties.... your thoughts?

http://immigrationvoice.org/forum/showpost.php?p=49847&postcount=1

http://immigrationvoice.org/forum/showpost.php?p=20985&postcount=1

I am in the same boat .I found a new job after my employer fired me ( Still in 1 month notice period) . Later he found another position and asking me to continue. He may not give me the 1 140 if i leave him

Thank you very much for the replies.

Right now I am leaning towards cancelling my trip, even though it is going to cost me the entire price of the ticket, besides of course the immeasurable cost of not visiting home.

About the suggestion of hiring a lawyer, can an immigration lawyer here in the US help me in any way with a situation (the renewal interview) and an all-powerful person (the interviewer) half-way across the world? I can see how a lawyer may help smooth this problem if I were changing status while in the country (say from F1 to H1), but I don't see how a lawyer would help with my visa renewal...perhaps I just don't understand the extent to which a lawyer may be able to help. Is my question clear?

Again, thank you for the advice.

The lawyer will be able to tell you (i) what is the legal implication of your charge in regard to F-1, (ii) statute of limitations of your charges, (iii) how long the records are kept (there are levels of access and with time some charges go down the levels). A lawyer gives you legal counsel (suggestions/appraisals); they are not supposed to "do" stuff for you, nor take decisions for you. You pay your lawyer simply for reliable information (and paperworks, usually).

Sorry folks did not get to update this discussion as things have dramatically changed in past couple of months

On January 15th the online status Changed to "Approval Notice sent", :D We waited a week and my company and lawyers received each a copy of the approval notices.

No idea what was the catalyst behind the U-turn from the USCIS (please note we still have not received the RFE response from USCIS) weather it was the Lawyers letters,1-800 calls, infopass visit or AILA intervention.

Call it the luck / divine intervention I am so lucky this step being cleared now just have to wait for the final 485 stage to clear

I just hope others do not go through the same harrowing story as mine.

That said USCIS was and is a big black hole :mad:, any information requested is swallowed and no response will be provided, just hope for the best and be patient

HI,

My company filed my Perm on Jun 4th 08 but it is not yet approved. My H1B is in its 6th year and will end in July 09. I was wondering if I would get an extension , even if my Perm gets denied for some reason.

I just want to prepare for the worst case. Can any one please help with some information.

What are my options to get a H1B extension.

Thank you,

If your PERM is pending when the time comes for H1 extension, you can apply for a 1 year 7th year H1 extension, based of pending Labor and waiting more then 365 days.

If you PERM is denied. And you have neared the time of expiry of current H1, then its not possible to apply for H1 7th year extension. Because there is no grounds for extension.

Options:
1)Change the status from H1 to F1 or B1, until the time your PERM is approved, then come back to H1.
2) Go to your home country and return after 365, but you would be subjected to quota.

Thanks to all the well wishers and a hopes for a speedy completion for all those still on the journey!

Since you got your H1B approved, it is risky to take another chance with lottery. With the approved H1B you can transfer it. In the meantime from this time till October you can get your OPT extended but you have do it within 30 days of receiving your H1 notice. Dont worry, you are not out of status. Look out for a job now.

Secondly, on a different note, I am not sure who did it or why, someone gave me a red dot.

Is red dot more important than getting answers for your situation? Why do you care dude? :D

Well, you don't really have a choice now, do you? If she stays on in the US, she will extend her invalid status period. She cannot apply for a COS to H4 in the US because she doesn't have paystubs. Her only option is to go to India and get an H4 stamped and pronto. As to denial, it's all in the visa officer's hands.

I think members have written tons of pages on forums, spent days not hours predicting the actions of USCIS. But we need to understand that nothing and nobody can predict three things.

1. Earthquakes
2. Shooting stars and
3. USCIS

u may be right , Although the bill H.5882 hopes to remove the last item on ur list.

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