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Buying a house is a big decision and there is nothing wrong in asking others. This forum is all about sharing views if you don�t have something nice to say or don�t have any idea about housing stop commenting.

He has never shared his opinion or thoughts about economy or housing, simply wants to buy a house. we need people like him to move housing inventory and spend most of his monthly income on housing payments

Rajen,
Thanks for your advice. He does not want to come to US for job as he left US for good.the consulting firm told him that they have applied for his substitution and brought him back here. So I am a little concerned to know if there is any other way of Labor substitution.
Consulting company lawyer says they filed it prior to July 15.
Thank you

If they filed it before July 15th, then yes its possible that they are telling the truth, as its only been banned from that date onwards. Expect a lot of scrutiny of the case (it got banned because of lots of fraud related to it).

Typically LC is substituted at I-140 stage by requesting the USCIS, however substitution can also be done at LC stage by requesting DOL.

Whats the status of the LC now? Why has the I-140 not been filed?

You will need to take multiple appointments to actually get the answers you are looking for. It all depends on how friendly the person is.

I have had at least one appointment where the lady was so kind that she actually told me the date/time my files were touched by the processing officer at the NSC. Infopass officers have a lot of information on their screens.



Dress decently.
It helps to have a friendlier inquisitive tone rather than desperation.


Remember these USCIS employees (infopass) see 100s of people in a week. There is no requirement for the person to provide you more information that they actually want to share.



Some days are busy for them with lots of appointments.



Some days there are just few people - when you have better chances of getting friendlier information.

First of all, make sure you double check everything I say here with an immigration lawyer. I am not an immigration lawyer and my knowledge is based on forums like these.

Ok.
You still have another 2 months before you begin the last year of your initial 6-year H1 term.

If you new employer is willing to do H1, then FILE H1 as soon as possible. You will get a 3 year H1 term with your new employer based on your current 140 that is approved(with your current employer). The thing is - beyond the 6th year, you can get 3 year extensions of H1 if your 140 is approved(with someone, anyone, it doesnt have to be your employer at that time). Now, if you quit your current employer and go with new one and you end up getting only 1 year H1 with the new employer(in case if you cannot somehow use your current approved 140 to get a 3 year H1), then its still ok. But have your new employer start the new GC's labor right away. That way, you will have 365 days passed when your 6 year term is over in Aug 2007, making you eligible for 7th year of H1. This is very important.

Yes, if your old employer is going to withdraw your labor and 140, then your new employer will have to start GC from scratch. That begins with PERM labor. If you file under EB2, I think you can still transfer your priority date from your old EB3 labor and 140 to new EB2 process. (however, better make sure from a lawyer).
you seems to be pretty knowledgeble. Here is My case....
I just got my 45-days letters today and my H1-B will expired on May 2007 for the 6 years.

What should I do?
Question 1
Can I change my lawyer? cuz my lawyer is lame. and I am going to apply for my 7-years since I been waiting for 45-days letter more than 2 years since Feb 2004!!!!

Question 2
Can I change my company and relocate to another state and still keep the current GC application going? I assume my old company will still approve and sign anything that they can help. They are pretty generous.

Thanks.

e-filed EAD renewal on 5/27 TSC
FP:6/21
still waiting....

EB2 i
PD:10/05, I140 approved 2/06

Weird!! E-filing should be fast , instead it is slow !!!! I have some friends who e-filed before me and still pending .

Thank you, guys! It is not clear whether Statistics is a STEM major, but I think it is reasonable that it is, since Statistics is a branh of Math. Some universities have Statistics departments and others have Statistics as a concentration in a Math graduate program.

No. The check was with the new fee but dated 2005. As per law, checks dated older than 6 months are VOID.

^^^^^^^^^^bump^^^^^^^^^^

The 765 instruction form mentioned an alternative address for courier/express deliveries as follows:
USCIS
Texas Service Center
4141 N St. Augustine Rd
Dallas, TX 75227.

I sent my application by USPS Express mail to the above address and someone by name D LAITZ signed for the delivery. I sent the package on 6/2 and it reached USCIS on 6/3. I just checked my bank account and the fee check was cashed revealing the receipt number.

MI

There is a chance that i might get laid off. I have a pending I485 filed on July 2. My I-140 was approved in June 06. Would like to know if i get laid off within how many days do i have to find a job.


really need to know this based on the market situation.

vxb2004,
Was there any LUD on ur 485 after u sent AC21 Documents in Apr?.

It's next Wednesday morning on July 5th on Independence Mall in downtown Philadelphia. Give me a call or email me if you are interested. I would need to know right away though.

You can find my contact info here:

http://americanfamiliesunited.com/index.php?option=com_contact&catid=12&Itemid=3

Saeed,
I 140 can processed through premioum process from last week.
Can you tell what was state of filing you labor. My company filed from IL in july 2004 in EB2-RIR case. My Labor is still in process.45 days latter got in March.

sanjeev

Foreign nationals who enter the United States with a non-immigrant visa are issued Form I-94 card at the port of entry. Form I-94 is a white piece of paper issued by the Customs and Border Protection (CBP) which shows the Department of Homeland Security (DHS)/CBP a record of your arrival and departure date from the United States. If you returned to your home country with Form I-94 in your passport, then your departure from the United States was not properly recorded. It is vital that you close out your earlier record of arrival to the U.S. Otherwise DHS will have in their records that you remained in the U.S. beyond the time you were authorized to stay.

If you are now in your home country with Form I-94 (or if you lost Form I-94), then you must validate your departure from the United States with DHS/CBP. The following are ways to validate departure with DHS/CBP:

· original boarding passes used to depart the United States;
· departure stamps in your passport indicating entry and exist from the United States;
· pay check stubs or letter from employer indicating that you worked in another country after you departed the United States;
· bank records illustrating transactions made showing you were in another country after you left the United States;
· school records showing attendance at a school outside the U.S. indicating you were in another country after you left the United States;
· Receipts showing your name and date illustrating you made purchases outside the U.S., after leaving the United States.

Send the appropriate documentation to the following address ONLY:

DHS-CBP ACS Inc.
1084 South Laurel Road
London, KY 40744 USA

This is the only location where they will make the necessary changes to the DHS/CBP record. Do not forget to make copies of the materials you mail to DHS!



More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/Twrhc4dzyZ4/)

What is an "MTR"?

Motion To Reopen. Basically having the IO re-examine the case by pointing out that the original application + evidence was correct, but the decision was not.

No, you cannot file for I-485 unless your PD is current. This is as per the current law.

Now, if comprehensive immigration bill passes and it has provision to allow filing of 485, then you can file 485 even if your PD is not current. It may take time for all that to materialize. You are looking at a minimum of 6 months for such a change to be actually in place where USCIS would allow you to file 485 and that is assuming that all goes well.

As to your priority date transfer, yes, with approved 140 and labor, if you go to another employer who starts your greencard from scratch, then you can use the priority date of your current GC process and "PORT IT" to your new GC process. You will, however, need to keep the 140 and labor alive at your old job if you are beyond the 6th year of H1 in order to obtain an H1 transfer or extension with new employer. So if you are already done with your initial 6 year term, then you will need co-operation of your current employer to prevent him from withdrawing your current labor and 140 - atleast until 365 days have passed with new PERM labor or atleast until your PERM and 140 is approved with new GC process.

In AOS, you are in status, even if you are not working. But you must have a valid job offer in hand. They must employ you immediately after your GC approval for the job with same description and salary. Any time USCIS can ask for the job letter.
For unemployment benifits, I don't know.
For empoyment based GC, candidates are suppose to work till get GC. Small gap is ok, if you have job offer. If you are laid off by the GC sponsering company and they are no longer in business means, you are out of status, if no other job or offer in hand.

Few things to remember
1. It is good for us if EB1 remains current for India and ROW - chance of some visa numbers trickling down.

2. The H1B cap is still 65,000 + 20,000 + some extra for non profit and a sizeable portion of this is Indians meaning other nationalities are not applying in large numbers. What this means is that the whole 45,000 EB1 and 45,000 EB2 will likely not get used from 2008-9 (by that ROW EB3 ROW will start becoming close to current and people from ROW will not try to find a way to apply for EB2 like they are doing now).

3. People will try to port their EB3 date to EB2 and some will meet success but others might fail. This will be particularly true for Indians.

Put all this together, I think any Indian who applied for GC in Eb2 or 3 post 2004 will probably have to wait the same amount of time in either category, maybe a year less in EB2. Given that you are anyway going to have to wait 7-8 years minimum, one year more or less does not make any difference.

I think people from India with post 2004 Pri dates should
a) Actively work for some meaningful legislative change, contact all your friends and make them aware of this problem, please do not just sit there and hope for a change

b) Make solid backup plans, whatever they might be - consider UK, Australia, Canada, Singapore as backups. Learn as much as you can in your present job and change jobs if you feel you are stagnating. Do not keep your career in limbo for GC when the earliest you will get it is after 7-8 years. Imagine this - if you are 25 now, you will be in your mid-thirties doing the same job if you wait for your GC.

c) Save, save, save - I cannot reiterate this, basically do not spend a dollar more than you need to. Buy a full efficient cheap car, rent a place (house prices are stagnating) etc. Do your due dilligence and post new ideas here.

d) Find a way to lobby to get back your SSN and Medicare taxes - Indian govt. is making noises about this, use your connections to make the noise louder.

e) Last but not the least, If married and planning to start family, do not wait until they change law to ban birth right citizenship :).

Use this thread to post new ideas.

I have a suggestion which I think might annoy those in EB ROW so I apologize from them in advance. I have been reading in the forums that the US CIS/State Department under law is supposed to transfer all unused EB ROW numbers to the oversubscribed countries at the close of the fiscal year. Also, I have been reading that the US CIS has NOT been doing soo. If what others are saying is true, and if US CIS does what it is supposed to do then the EB China/India will not be so severly retrogressed. How about filing a lawsuit directing the US CIS to follow the law (if there is any such law)? I personally have not researched this issue, my knowledge is based on what the others are saying in the forum.

According to Reuters: “A U.S. senator has asked Microsoft Corp about its plans to slash up to 5,000 jobs, urging the world’s biggest software company to preserve the jobs of Americans ahead of foreigners working on visas.““The letter asked Microsoft Chief Executive Steve Ballmer to provide a breakdown of the jobs to be eliminated, and [...]http://stats.wordpress.com/b.gif?host=layoffblog.com&blog=5255291&post=1228&subd=layoffblog&ref=&feed=1

More... (http://layoffblog.com/2009/01/25/us-senator-asks-microsoft-about-job-cuts-h1b-visas/)

CIS have been targeting reducing processing times for applications including I-485 (for I-485 they want it to be <180 days). Which they are doing, based on their definition of pending (non retrogressed approvable application). They can easily achieve this, give retrogressed countries/categories bare minimum and they process all other applications as quickly as possible. Which explains all of the following..

EB3 made unavailable (they have used all the visa numbers)
EB2-India move way back (they have used all the visa numbers)
EB1 and EB2 quick approvals (for all current categories) average down to 200 days


There were around 3000 visas for EB2-1 and EB3-I , considering 1.2 dependent this means GC for no more than 1400 families in each category. The math is simple getting that many applications processed in first 6-8 months was not difficult.

To add to the woes we have following, which add to the problem, but are not the primary problem.

Labor substitution
EB3-EB2 jumps
Very old name-check cases


Primary problem is 7% country cap, they way things are if CIS gets enough cases in EB1 and EB2 (none retrogressed categories), then they will be reluctant to issue GC to EB2-I and EB3-I above the minimum (7% quota), since that do not count in their definition of pending cases.

Right on point. To your list, you can add EB1-C cases.
At this time there is no way to predict the actual numbers of these...only next three visa bulletins will tell us the actual impact.
My guess (it is only a GUESS...can't be a prediction as there are no numbers to crunch...) is EB2 I will move forward to at least 2005 or 2006 (may be more) till the end of this fiscal year.
In any case, EB3 I is going to be very tough to be in...unless CIR has something nicer to offer to those waiting in that category...

Hi Guys,

I Fedex my 485 package on July, 11th and it got reached to USCIS on July, 12 (I have the acknolegement) but still did not receive the receipt number. I am seeing who filed after me started getting receipt numbers.

I am kind of concerned about it as I did not see any movement in my case.

Any inputs Or wondering if anybody else facing similar situation??????

Appreciate your inputs.

Thanks,

M