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Guys, let us refrain from making incorrect statements. This can affect someone's decision negatively. Post answers only if your are sure that it is a correct answer or have personal experience.

Yes, I am 100% sure. One can move from H1-B to H-4 and then back to H1-B within 12 months and not get counted towards cap.

Of course, if you some one wants legal advice, they would need to pay for it rt through a lawyers? That is given .

I saw the suggestion of asking lawyer to send AP while you travel to India without it. Although it sounds like a good idea but could be dangerous. I had a situation last year when I travelled to India with AP applied for but not approved. Unfortunately i had my old passport and visa damaged in India. When my lawyer wanted to expedite AP so that i can travel back as my old Visa was damaged and the only way to travel back was to use AP, they found out USCIS has issued an RFE on AP. Though RFP was trivial and they only wanted a clear copy of first page of passport and AP was approved immediately when it was submitted.


I agree. This is very risky. I had applied for AP way back in June '08 and while my wife got her AP in AUG, mine was happily ignored till used DHS 7001 to escalate my case. I ultimately received an RFE saying that I did not include photos (which I know 100% sure I did ... they probably lost them). 3 Soft LUDs since they've received my photos, but no approval yet. I might be canceling my trip to India that commences on thanksgiving weekend if it does not come in time.

Thanks !

Looking at this issue, isnt' it USCIS who is at fault here ?
How can they allow the employer to "reuse" the original labor when employee1 has already used it for his I-140 approval ?

This is definitely a USCIS mess. Employees/beneficiaries shouldn't be paying the price for USCIS's fault.

This is really wonderful.

USCIS should be screwing people who used Substitute labor. They should even revoke or issue RFEs to all peoples who got Greencard using Substitute labor. I am sure the queue is get very very short if this happens. let us not allow these people who jumped in this queue.

I am writing to USCIS about this. Let us all write to USCIS, Ombudsman and also on USCIS blog about this.

I fully believe in court systems in USA, and feel that we should file the lawsuit. The bills like CIR or SKIL wont see the daylight in political fights


Read below what happened to the court case in UK.

http://timesofindia.indiatimes.com/Breaking_news_Indian_docs_lose_case_against_Britis h_govt/articleshow/1586856.cms

You can simply FORGET ABOUT LAWUSUITS etc.

Come Jan '08 (6 months after the July fiasco) and these companies will learn their lesson hard way. July filers will be able to exercise AC-21 rule to switch employers and most of these desi consulting companies who have no end clients and only supply cheap H1 consultants will have to fold up.

Is AC-21 absolutely safe? I think most concurrent filers have to wait at least an year until their I-140 gets through.

I think that's what is happening. Few of the people already mentioned that they got the extension for the project period mentioned.
I do not personally know any one, this is all what I read or heard.

Hi guys,

My 8th year extension was filed on June 14th. I have not heard from them since. Lawyer says he has contacted USCIS on Oct 3rd and has not heard back yet either. He has asked me to wait for one month before initiating any further communication with them. Does anyone know how long h1 processing is taking these days? I live in Texas. Now, if I want to transfer this to Premium processing:
a) is it possible to transfer now?
b) how long will the transfer take?

Thanks a lot for your advice/information :)

A) Yes, you can transfer the pending h1 extension to premium.
B) For current status https://egov.immigration.gov/cris/jsps/ptimes.jsp with your respective service center.

So basically you are saying you cannot sue the people responsible for greencard problem.

I think the only option left is to either sue God or sue yourself for your bad luck.

Rono Dutta: former CEO of United Airlines
Rakesh Gangwal: CEO of US Airways
Sabir Bhatia: Hotmail

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

Why do you have to wait for your wife to be on F1 before changing to EAD? Even if you use your EAD now, she will still be in valid AOS status.

Her H4 is not valid. She did travel to India without an approved AP.

Can we cancel her GC application and bring her back on H4?

Any other options?

The 45 member New Democrat Coalition supports the main tenets of high skilled immigration. In fact, recently a group of 16 House Democrats sent a letter to Hastert and Pelosi about this matter.

http://www.house.gov/tauscher/ndc/Letters%20on%20Site/NDC%20high%20skilled%20immigration%20letter-signed.pdf

http://www.house.gov/apps/list/press/ca10_tauscher/highskilledworkers.html

We need to start a lobbying effort to get Democrats to co-sponsor the Hosue SKIL Bill and make this a truly bi-partsan effort and get it moving. Currently all the 11 sponsors/co-sponsors are Republicans.


IV Admin: Can we have a web fax campaign targetting members of the New Democrat coalition? Suggestions welcome.

today atlast my 140 approved nsc dec2006 eb3

EB-2, NSC, PD 10/30/07. Only LUD on 11/22/06, since then nothing


Ask your company/lawyer to raise a service request since its more than 30 days of the processing time

is this what you are asking for?

http://www.uscis.gov/USCIS/New%20Structure/3rd%20Level%20(Left%20Nav%20Children)/Green%20Card%20-%203rd%20Level/Pending%20Form%20I485%20Reports.pdf

This one looks like is pre Sep 2009 Approvals, we are looking for the updated one which should show very few numbers for EB2 - I, 2003 and 2004.

on 2nd july itself, USCIS received 55k applications(including family) and by 27th july the no rose to 75k.

can you post a link please? I read through their press releases on their website and did not see this, must have missed it.

thanks for clarifying that.

Now I am working for a company in OPT .
have 24 days GAP.
How can I do to solve it ?

Hello gurus,

I have one doubt abt requirements to port EB2.

my EB3 priority date is Aug 2005, now i am planning to apply EB2 with different employer. do i need 5 yrs experience as of my Eb3 priority date in order to port Eb3 priority date to Eb3 ? my lawyer is saying i need 5 yrs experience as of Aug 2005 is it true ?


thanks a lot for your help

If Bush says anything this concrete - THEN HE WILL. Lot of times it looked very stupid when he said like this but finally it gets done. We should prepare to see what ammendments we can include

Karthik

I am a Commercial/Industrial Architect and have allready had to turn down 2 jobs this year making double what i make here in hicksville Fresno CA due to the fact that i do not have a green card.
As far as the investor visa,i have looked into this too with my attorney and i am not elligible,even though i have the funds,due to the fact that my previous attorney did not file my papers on time in 2000 and therfore had to refile under 245i in 2001 and i am paying the price along with 30 other clients of the crooked attorney who ran away to another state.
My earnings this yr were above your guys fugures but Uncle Sam takes a very large chunk due to being single,no real estate in my name and no tax write offs.


lucky7: Are you a licenced architect? Construction Manager? or a Jun-Architect?. You said $92/hr