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EB-2, 140 approved, December 2005. File trasferred to TXSC last week.

Hello,

I am on F1 visa from India and doing PhD US university. My husband is in H1B visa from 2007 November. I would like to apply for green card via National Interest Waiver. When I asked an attorny, he said that since you are from India, it will take few years to get EAD. But I read that you can apply I-40 and I-485 concurently and get EAD card in an year.

Can anyone help me please?

What exactly does "OP" stand for?

Om Prakash

My PD 15 July 2002 EB3 India and
I485 Receipt Date May 12, 2004

Found that someone with Aug 2002 PD got approved on June 1 whose I485 Receipt date was May 2003.

I guess USCIS does not go by PD to select who should be adjucated first but by what date the I485 was received. They are really ingenious and creative in finding ways to be inefficient and unjust.

Oh well....

IV is the only place that is doing a lot to change.
Keep the good work IV.

Have donated $200 under my name and $150 under my wife's name to IV

Well this is always going to be there,FIFO is not guaranteed during adjustement of status.It is quite possible someone who has filed later and has a PD which is later is likely to be approved because this depends on various factors i.e case to case basis,FBI name check ,security clearance,immigration officer who is adjucating your case etc.
But the good news for you is that your case has now has a available Visa Number and if your application is in order (as per the Immigration Officer)
then u will get an approval.
In other words your chances of your case /PD being retrogressed are highly unlikely.

It would be Much easier to know our material and then get an appointment. Say we get an appointment for an earlier date, and we're not ready, it's not going to look very professional. We'll probably have one shot at this, let's do it right.

Look up the resource section. We have a brochure and a powerpoint presentation by Sunil Joshi which was even posted on the ILW website. The CA team of ImmigrationVoice have used these to great results

The lobbying firm might provide us valuable inputs on these but at the same time, these are already in very good shape having gone through many rounds of critique by the core members.

Again, this should not stop you from asking for appointments!

Now that most of the cases that have LUD on their I-140 got or getting approvals, I want to track how many of you guys have an LUD on 07/13/2008. If you have any other LUD on your I-140, please post them.

Besides LUD on my approved I-140 on 7/13/08 (approved in 2/06), there were LUDS on H1B(approved 3/03, extended 9/05) on 6/28/08 and LUDs on I-485 (filed on 07/02/07) dt 5/23, 6/18, 6/25/08. Anybody seen recent LUDs on I-140+I485+I-129 BTW my pd is 10/05, EB2i Still waiting for magic mail. May lady luck smile on us.

Why did you use a sub labor? Is it the same employer you are working with now? Is the employer blacklisted? This answer may throw some light on your denial.

Hi Gary,
As you discovered strobe is hard to work with for tricky product shots, and glassware can be tricky. I would switch to a floodlight bounced off the ceiling as a starting point. Possibly tinkering with the reflectors to get a little more sparkle in the front would improve it somewhat, as would placing hidden pieces of something to have the transmitted portion of the glass brightened a little. To soften the edge of the highlights try opening the lens to a wider aperature so the reflections are out of focus (gets a little tricky as it probably needs to be stoped down enough to maintain the sharpness of the glass itself.

You probably don't need to spend much on equipment (maybe $5 each for a couple hardware store flood reflectors or a couple bucks for a little more poster board. Maybe 50 cents for a pack of 3x5 cards to cut up to hide behind the glassware , or maybe the gray side of scraps of duct tape might look better)

The basic approach that works best when it must look superb is usualy to lock everything down, shoot it, evaluate, make incremental changes, and reshoot. and sometimes repeat.

That's true.

Even if many attorneys are listed at one place and there is a provision to provide feedback for each of them, I don't see any feedback.

Looks like most people want others to help them but don't want to help others.

Guys, chanduv23 is ABSOLUTELY RIGHT!!! We stand to lose a lot if we don't stand up for our rights!!

It's easy to let others do the job for you. Does that sound familiar? Don't many of our employers use us on H1 visas that way? Taking advantage of the situation to get more for less or nothing??? ARE YOU GOING TO BEHAVE IN THE SAME MANNER, ESPECIALLY WITH YOUR FELLOW FRIENDS-IN-STRUGGLE, FELLOW IMMIGRANTS???

WAKE UP GUYS! If we keep saying that we need you it is because YOUR PRESENCE WILL MAKE A DIFFERENCE!

We look forward to helping anyone who needs any kind of assistance. Unless you had a business trip scheduled, or have a medical emergency. THERE IS NO REASON NOT TO ATTEND!!!
LOOK IN YOUR HEART, RIGHT NOW

Please share your experiences with this conversion?

what is the procedure?

I think the text of the post is missing. I am quoting it from the original post below.



URL: http://immigrationvoice.org/forum/showthread.php?t=23029

We need to talk to our local govt. officials about the delay and discrepancy in the processing times published for the USCIS service centers. Please go to the following URLs and find out about your local govt. representative:

US House of Representatives
https://writerep.house.gov/writerep/welcome.shtml

US Senate
http://www.senate.gov/general/contact_information/senators_cfm.cfm

I am providing you the text that you can use in your e-mail. Please also download the processing time for the service centers from the following URL:

http://www.filefactory.com/file/a014c1d/n/Processing_Time-11182008_pdf

------------------------------------------------------------------
E-Mail Subject

Delay and concerns about USCIS processing time updates

E-Mail Text

Dear [Name of your local representative]:

I am writing you in reference to the USCIS processing times updates on their web site at https://egov.uscis.gov/cris/processTimesDisplay.do. Following are my concerns:

1. The last update on processing time was published on November 18, 2008. No update was made to the processing time since November 18, 2008.

2. There appears to be discrepancy between the dates the processing time is posted and the service center processing dates. Attached is the processing time report from November 18, 2008 for California Service Center, Nebraska Service Center, Texas Service Center, and Vermont Service center. Please notice the date processing time was posted was November 18, 2008 and the service center processing dates was given as of September 30, 2008.

I will appreciate if a corrective action is taken so that the processing times are published on time and the discrepancy between the date posted and service center processing date is addressed.

Thank you,
[Your Name]

------------------------------------------------------------------

Please let me know if anything else needs to be added to the e-mail text.

Thanks.

I dont know what is your educational and experience background but please understand that it is very hard to get EB2 labor certified. It is not as easy as telling "I will start EB2 LC application"

I went for H-1 renewal after 10-year completion. All set for 13 years on H1B. I also renewed my EAD but do not plan on using it. I did not renew my AP after the 1st year. My employer pays for H1 renewals but not EAD and AP renewals. So it was a no-brainer for me. Visa stamping is an hassle, but it is worth the trouble when considering the money saved in not applying for AP for 3 of us in my family for 3 years.

He did ask me who filed for the GC so he knew mine was EB case.
Elaine,
Is there any document on USCIS website that clearly states that EB AP holder's can visit outside US and return without need of emergency?
thanks,

The officer you met did not know the difference between AP applied on humanitarian grounds and AP applied based on pending I-485.

My wife entered NEWARK after 6 months in India ( using I-485 based AP) and no questions were asked although the waiting time inside the secondary inspection room was really long.

.. by trying to get our provisions included in this bill .. Duh..

I may not know the process completely, but how does it work as the Bill has already been passed. Can somebody amend the Bill after it passed? If yes, dosen't it needs to go thru the the voting again?

ciao
-p

One interseting thing you mentioned about your current employer "which is paying me half of what I should be earning as a GC holder".

Not paying the prevailing wage that the employer promised in the GC application....I don't know if you can use that to move and show that you wanted to work but the employer was not paying the prevailing wage and you had no option but to leave? I am sure that this is illegal on part of the employer...make sure you keep your paystubs to show this. But consult an attorney to see what he/she thinks.

I have an approved EB3 140 (PD Aug 2004) and have filed my 485 using it with Employer A.
With Employer B, I have an approved EB2 140, but the priority date is in 2007.
What is the process of porting the EB3 date to the EB2 140 and to change the 485 to the EB2 queue? Do I need to refile the 485 application?

Yes, most of the states are going to implement it. It is allready existing in P.A. and I know atleast 2 people who's friends picks/drops them to work. It's a shame, living in this country for 6 years and suddenly your DL is snatched away. Getting 3 years H1B extensions in all circumstances is on of our main agenda at iv.org please see our brochure in resources section. This will solve atleast some part of the problem.

If any IV member works in the university, could you find out if there are any Indian and chineese assistant professors that have joined in the recent past. Such people might have applied in EB2 through university and will be retrogressed.

Also pls get in touch with post-docs in your universities and inform them about IV. Hopefully some of them might be willing to help us with the interview.

sent you a PM

This is a common scenario for some IT folks who were here during the downturn from 2001 through 2005 and is not a big deal in your case.

USCIS may or may not check your entire status history. My gut feel is if they have all your W2's during that period and someone takes a closer look at it and sees a discrepancy (if there is one) in terms of actual income and the minumum income based on your H1B annual salary you should have made for that year, then you may have an issue. However, that is not likely and I have not seen cases along those lines yet. If anyone in this forum have come across such a situation, please post and let us know specifics if you can.

In that extreme case, get a hold of a good lawyer if you dont have one and have them craft an appropriate response to the RFE since it is important that the right policy and regulations information is mentioned in the response letter.

Hope that clears it a bit!

Hi,

Thanks a lot for your reply. I really appreciate it.

Well as you said if I went to India after those 5 months(when I was on bench) than that period of 5 months when I was on bench will be wiped out(it will be gone,clean). It means that USCIS will check my status after my last entry in to US!!
OR they may check everything when ever I was in US including when I was on bench(including my first entry into US to till date i.e. From Feb 2005 - Till date)????

I went to India in Nov 2006 & came back, so in that case my old records would be clean. B'cos I was on bench for 5 months in 2005.

Correct me if I am wrong on this.

Also as you said this will come in case of I-485 & USCIS might overlook this & may send RFE!! Any idea how to respond that kind of RFE??

I will really appreciate your response.

Thanks.