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Hi Ms Martin,
Thank you for your information. I understand that as long as my old visa expired and I get entry to US on my new approved extension visa (assuming that it is approved while I am away from US) it goes good.

What if my visa petition gets dragged and I enter with my AP, after the expiry of my old visa. Is the extension pettition still good? If it is approved after i enter US, can i use the new visa ofcourse after getting out of US and get it stamped in a overseas consulate.

First, you cannot get admitted to the US with an expired visa, unless your trip is just a short one to Canada or Mexico.

Re. your second point - your H-1B extension will still be valid even though you entered using the AP. You can use that approval notice to get a new H-1B later if you want one.

You should apply neither Fiance visa (K1) or Tourist visa (B2) I guess that is the best and fastest way as far as I know.

Good job Buddy

she had sep 2004 eb2.

i've changed my pd date to avoid confusion. USCIS is going by the queue, so dont worry..

Explain your comments more clearly - do you mean EB1 unused is not getting used by EB2 India/China? If so, this is a matter of grave concern, and yes, we need to find out more information on this. We have to wait till DOS publishes Visa number usage this year. All EB1 and EB2 numbers should be used by over-subscribed countries in those categories and by no means by EB3.

Find out/research as much as you can on this - we need to understand what is going on.

Hi maverick_iv and smuggymba - thanks to you both. between you two, all my Qs are answered.

I will mail the app and then go visit the embassy after 10 days - i think that will be more effective.

Thanks.

An alternative treatment would be to dual process (I am assuming it is a raw file). The one above looks about right for the sky area. Another conversion with + exposure compensation for the shadows and blend the two in your editing software.

Nice image of Half Dome.

Kevin
http://homepage.eircom.net/~bot/paint/photo.htm

Hello everyone,
I got to know about this website recently and I wish I had known it earlier.


Anyway, I need advice/conformation


I got married recently outside the US. However, I did not come back with my wife b/c of a couple of reasons. And I cannot bring her here in the next 3 weeks. (My H1B is getting renewed...)

The company's lawyer is advising me not file for I-485 and wait till I become current again and apply with my wife then. (I am EB3 and my PD is March 2005)

After reading this web and others, if I go ahead and apply now the following are the choices that I have later. Please confirm if I am right or wrong

1. Get every document ready for my wife at all times and apply for I-485 immediately after I become current. As long as they receive her I-485 before they approve mine, she is going to be fine. She will be fine even if they receive her I-485 a day before they approve mine.

2. If my I-485 gets approved before my wife’s I-485 get there, under section 245(k), she has 180 days to send in her I-485 as long as PD is current. And there is no penalty and no other problem with this. She can stay in the country and wait for her I-485 to approve.

3. If I though that it was a grave mistake to apply for my I-485, I can withdraw it before it gets approved and reapply later with my wife’s when I become current again. No problem with this other than paying the fees again.

4. My wife and change her H4 to F1 any time she wants to as long as she goes to school full time. She could be on F1 and apply for I-485 when I become current (I feel uneasy on this one).

Please, let me know if what I listed above is right. These are the only choices that I have ready about. If there are more choices please, let me know that too. I have to make a decision by the end of tomorrow. Thank you all!


I think your lawyer is too optimistic about EB3 March 2005 being current in the immediate future.Maybe he's right .I dont know
But looking at the possible choice you have mentioned :

1.This is the best option . ie you apply for I485 right now and add you wife when she's in the US later when the date is current.The reason being that for USCIS to approve your GC the date should be current and if its current then you're eligible to apply for your wife's I485.Its a loop. For one thing(GC Approval) to happen the other thing(Date being current) has to happen.

2.The 2nd choice is same as the 1st one. Many here are prediciting that there will be severe retrogression in the Oct bulletin and no one with a right state of mind can even guess the dates at this point of time.

3.Why do you think it would be a grave mistake in life? If you think u'r taking a big risk then make your wife's status independent of your's by applying for H1b or F1 which is option 4. You should talk to a lawyer about the intent issues on F1 visa. I am not aware of that. I know that if one's one F1 or any other non-dual intent visa they shouldnt(risky and chances are higher for denial) apply for any immigrant visa within 90 days of their arrival or in your wife's case change of status.Search for more info on the web.

But my choice would be the first one. It's not risky for the reasons I had mentioned.
my 2 cents

Thank you very much for all your support.

Do I need to inform him before I leave ? because he is with his relative place. What is the process for that ? If I leave without informing him, then what he can do on me ?

I have already started procedure for filing a new PERM. Nothing will work the lawyer said. We have to file a new PERM.

Recently I came across a different situation where outsourcing caused to lay off GCs and citizens(Ind origins).
My friend is working in a medium company for 5 years after he got GC.
Comapany decided to outsource certain piece of project to TCS and in that effect my friend was laid off. I think in future this might more often to us who are waiting in line for GC. May be it is part of life ....
Most funniest part is company has prepared a official guidlines to employees how to communicate with indian team (which is mostly located in India).
here are examples...
1) when they say they understood every thing, do not take it seriously. Ask them explain what they knew.
2) during discussion do not use any US slangs. Talk to them in simple english.
3) do not be surprised for few new words like FUNDA, Bouncer, Sixer (cricket), Yaar,
4) know something about cricket. Indians love cricket game.

:mad:
It seems that NJ based consultancy firm "Segicorp" is fraud because it has taken money on behalf of H1B aplications from many candidates and there is no response yet.

Segicorp is giving same reply to all that applications was couriered thru fedex and waiting for reply from USCIS. They are just fooling as there is no prrof that our application packets was really couriered to USCIS. If they had really sent our application packet then we would have atleast received Receipt number.

All of many friends who have applied thru other consultants has received receipt number long back and are waiting for their status. If we had atleast received receipt number and no approval, then also we would have been convinced that approval depends on USCIS and NOT on segicorp. But Segicorp had nicely and smartly enjoyed everyones money and are free without any problems.

Now from last few weeks they are not even replying any emails or phone calls. This clearly indicates that it was very well planned fraud. They should really be sent to jail. :mad:

Even I did the same thing, MY PD was current in July Bulletin, So I applied (Premium processing) for 3 years extension based on approved 140 in Jun 2nd week and got the approval in Jun 3rd week for 3 years ...

Did you ask your lawyer about "rushing back to India, getting married and she comes here on tourist visa. She can file for AOS and EAD/ AP"?

One more thing about getting married here on B1/ B2 and filing for AOS. I have heard of a case where the AOS was denied for a similar case. A person came the US on a visitor's visa and married a US citizen and applied for AOS. USCIS denied her AOS because they claimed that she falisified her visa application for B1/ B2 by stating that she had no immigrant intent but she did infact have an immigrant intent by coming over here and marrying a US citizen and filing for AOS.

While your case is not exactly the same, USCIS could use the same reason if you get married here. But getting married in India will not have the same effect because getting married in India does not show immigrant intent on her part.

Best to ask your lawyer.

Very true. There is a very heavy chance of AOS denial if she gets married in US on a B1/B2 and filed for AOS. As it would be pretty indicative/clear to the CIS that she had lied about her intentions when she went to get the B1/B2 visa.

I will like to attend. I will be travelling from Orlando, FL. One person.

Folks,

I received a Transfer notice today for both me and my wife suggesting that our I-485 petitions have been transferred to the local USCIS office. Below is the exact message.

Current Status: This case has been sent to another office for processing because it has jurisdiction over the case.

On April 30, 2009, we transferred this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our LOS ANGELES, CA location for processing because they now have jurisdiction over the case. We sent you a notice of this transfer. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done. This case has been sent to our LOS ANGELES, CA location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.


From what I could find through browsing through various forums is that usually one ends up getting an interview when this happens. Does anybody have any other thoughts? or has anybody received a similar notice recently?

Doesn't matter.

what's your PD?? and which country you are from? Need more information to let me know whether you will get GC soon or not.

Hi Guys..

If any body in Toronto wanna stay connected to exchange updates / views / thoughts ... update your info here ..

https://spreadsheets.google.com/ccc?key=0At_-QiCf2s65dG13S1VvYTRGaXcwUXMzbTR4UTV4MXc&hl=en&authkey=CNzNssgD

~BBabu

guys, Murthy says EB2 will move forward in May 2008 bulletine. Reason is getting leftover visa from EB1 India's category.

http://murthy.com/bulletin.html

hoping big forward move.:D

Great for us...aren't are Indian PHD's in the US are as scholarly and motivated as before? lol To think that there are left over visas in this category beats me ! :D

Many Congratulations !!!

Have had unfortunate turn of events and need your guidance.

I had a valid approved h1 petition and i-94 for 2005 through company A.
Company filed for extension of h1 in 2007 and received approved h1 and i-94 valid till 2010. Did not travel out of the country at that time.

Filed for AOS 485, EAD, AP in 2007. Traveled and entered US using AP in 2008.

USCIS did inquiry and has revoked 2005 h1 because of incorrect LCA filing by the company. They have also said that because of incorrect LCA filing, I am in violation of h1 status. Attorneys have advised that USCIS will retroactive hold me as 'out-of-status' but not unlawful present as I was working in good faith based on an approved petition and unexpired i-94s.

The 2007 h1 was also filed in similar fashion as the 2005 h1.
Although USCIS has not revoked current 2007-2010 h1, there is a possibility of that happening. The 485 might be denied in that case.

The only option is to get on h4 by applying from consulate in India.
Since I will be now answering yes to question 38 (have you violated terms of US visa, or unlawful present..?) I have also shown as intent to immigrate based on my 485 filing.

I want to know my chances of getting an h4 approved.