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Hi,
My 8th year H1 extension is pending with CIS, and my current H1 expires on June 26, 07. Can I file my 485 when my H1 status is pending from CIS?

Please advise.:confused:

Sorry, if this is already discussed mutiple times. I was not able to find any Info.

My Wife needs to travel to India urgently. She is currently on F1 Visa and has EAD and Advance Parole.

While Coming back is it required to use AP or can she come back on F1. Please help me with some info or pointers to exisitng threads discussing this are greatly appreciated

Thanks,
-Sree

She HAS to use AP. There is no choice of entering on F1. If she enters using F1 visa, it means she has abandoned her I-485. It will create problems later during I-485 adjudication.
Once she enters on AP, she loses F1 status immediately. Then, she should inform her school. School will terminate her F1 status in the SEVIS database.
She can continue studying showing I-485 receipt. EAD card will be her evidence of status.
Once in I-485 AOS status, she will be eligible for resident tuition fees and will no longer have to pay non-resident tuition fees.

You could argue that you don't need to have a job now, just that you need to be in a "same or similar"position when the 485 is approved. if your priority date is very backlogged, you have lots of time to find a job.


Would this kind of RFE response be acceptable ? If the RFE asks for employment letter and you send a response that you dont have a job and also that you are not required to have one until your Priority date becomes current, I think your AOS can be denied. Based on the memo you can argue that but I am not sure if anyone has actually done this and their AOS has continued to be processed.

Please elaborate if you can on this.

Do RFE's for qualification and requirements comes only for LC or 140? I am with a similar profile but got LC and 140 approved and already filed for 485 last year. How much probablity is there that i might get an RFE for this for my 485 adjudication?

education and experience requirements are tied to a position, not to the person. So the LC is going to look into whether the position of a systems analyst requires a masters, and if it does what kind (as the minimum requriements). At I-140 they see if YOU match the position for which the LC has been approved. If the LC said systems-analyst needs a masters in computer-science or electrical engineering, then you will have a problem.

You can potentially get two questions in the RFE:
- why does the job need a Masters (EB2 justification for LC)
- why does a masters in mechanical engineering satisfy the requirement of a masters for a system analyst position (whether you meet the requirement, at I-140 stage).

Since you yourself say the position does not require a masters, proviing it needs a masters in mech. engg might be even harder. Did you ask your company attorney about this? what do they say?

Can he add an amendment to divide spillover equally between EB2 and EB3 India. This will help a lot.

Seeing the number of reds of this kind of views, I feel IV should split into two camps, red and green. Then I will also start expressing these views and embrace red....

But dont you guys expect improvement after all this fiasco ?


DOS and USCIS will work closely together so dates in VB are more accurate. We dont see all Cs ever again without legislative changes.

What else is there to learn?

Thanks map boiler for your pointer which led me to a random job ad having the same language

www.careerbuilder.com/JobSeeker/Jobs/JobDetails.aspx?job_did=J3F5MH5VP06PTJ168PR

"Job is in Jackson, MS. May work at one or more unanticipated locations."

I guess you are referring to the same.

I'll check with my attorney. Is it possible to know about the original job ad used for LC or is it also mentioned in the approved LC?

It intrigues me that there are not many members here in a similar situation i.e consultants moving to new city/state while continuing GC process. Or may be the response is not much as this part of the forum is not accessed much by many members.

Thanks in advance for any one else facing/know a similar situation first hand that chimes in. :)

wats goin on folks....I just got this news from my buddy,started surfing IV and found this thread....

My apologies if the post was out of context. Didn't want to open yet another thread here.

I have only one E-mail id - lobbyday@immigrationvoice.com - which is being used by everyone to send their details for setting up the meetings. I don't have any other E-mail ids with me [ except the volunteer who contacted me]. Which one should I use? Lobbyday@IV or the volunteers E-mail id?


Could we just keep the focus of this thread to encourage more members to send the information required to setup the meetings on Sept 17th? Your comments may be important and you may have a valid concern, but mixing all the information and individual meeting view-points is going to create a chaos.

Walking_dude,

If you have any question, could you please simply send an email? Volunteers working on this effort are working day in and day out and they are not going to come to this thread to read your post and to answer your question. Your post is relevant, but somewhere else. It is not helping what we are trying to do on this thread. You apparently have the documents so that means you know which email to write your comments/concerns.

Hope you understand what we are trying to say.

I agree.

This database could be used to find out the percentage of successful labor applications filed on behalf of a particular organization.

However, I hope they are not using Microsoft Access for their actual system. If that is the infrastructure they have then we already have answers for the long GC wait ;-)

This is useful, but I doubt its accuracy because some of the cases I know - including mine - are missing !!

Hi
I wanted to know how long it took for I-140 approval. I also got Labor by PERM filed in Dec05 and will be filing I-140, EB2.

Thanks

Mine filed on March 6th and got approved on May 25th.:)

I got only 2 copies of AP from TSC. I might have to go to India multiple times in coming months (more that 2). Will the POE officer take the original AP on each entry? Is there any USCIS/CBP reference/guidelines that instructs the POE officer to take the copies and leave the orignals with us? Any help appriciated

Thanks

Guys: I have invoked my AC21 and am a consultant PM though my LC mentions "Programmer/Analyst". I came to this country because it is a land of opportunity and have been in the US for over 9 years now. I can't let this stupid AC21 provisions of "Same or Similar occupation" scepter of fear stop me from moving forward.

I'm also looking for a Full-time job as a Manager and if I get it I intend on taking it in a heart-beat without worrying about the consequences. Hey, it's not like I'm doing something illegal but merely exercising my due growth in my career. So, I'm moving on and if something bad were to happen like a NOID or a RFE, I'm ready to pack my bags back home with a satisfaction that I was atleast in the driver's seat.

My 2 cents but please do what is right for you.

Signin,

You need to give more information about what whether your wife was able to file I-485 for your wife. If you are from a retrogressed country, then your wife was probably not able to file to adjust status. In that case, she is can change from H4 to F1. After the approval, her status is not dependent on yours, and you can start using EAD.

I filed my 485 in August and got married later and my wife is on H4 right now. I'm on H1 as of now. I'm not using my EAD right now, so that my wife can maintain her H4 status. I'm planning her F1 processing from H4, so that once she is on F1 officially, I want to use EAD to change employers.

Is there any risk involved here and if so, please let me know

Thanks in Advance

I am from IL. I will try to attend. I will request other IL state chapter members to join the call, if they have some free time.

^^ Bump

i sent u a PM. Please respond, if u can.

Obama playing a safe politics in this time of economics.... against open commerce....I wonder what happens when other countries charge COCA Cola and lot of other companies 20% tax on profit margin.... think about foot print of American companies across the globe... This is not good for America.

180K per BEC and 2 of them so 360K cases overall.

Probably his problems are due to H 4 visa situation where as his 140 approved and got EAD.

Option 1) Get work on EAD, send your wife back to India and get her on Follow To Join.

Option 2) H1 transfer, she can stay. Apply labor/140 again and port the 140 priority date apply for 485, when date becomes current.

But option 1 is far far better, even it needs little sacrifise from your spouse point of view.

Or she can continue to stay by switching to F1 status.
Thai is the best way.

Why would he have to redo his labor and I-140? Why can't he just use AC21 even with H1 transfer?

I would say the best option (if possible) is to try and get his wife on an F1 visa as a backup plan for the fall 2009 semester.

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