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My company filed my green card and have applied for 485 for me and my wife on July 19 with July visa bulletin reinstated. We have also applied for AP and EAD for my wife. We both are on H1 at this time. My wife' job is going to end by month end.
Does she need to file change of status to H4 or it is fine to stay in US with AOS pending status.

My 140 is still pending

I rue for the big "premium" company that has hired a "premium" MBA graduate that cracks under pressure. A Satyam waiting to happen I guess ... best of luck


Thanks a lot Hinglish. Btw are you really sad or just a pessimist? Anyways I pity u!!

As long as a person is meek and weak, that's what we get - Nothing. With AOS pending, every person in most states are bound to get 1 year renewal..Period. Be forceful but polite in expressing it. Take it to the next level - Supervisor.Ask what they mean or definition of "old I-485". Tell them you are Paying all Taxes (Federal, state, Social, Medicare.... ).

By the time you come hear, mostly probably, the agent might have approved a 1 year Renewal.

Seems FAIR is slowly creeping into DMV also.

Do u think, we did't do that.. We did everything possibly we could but of no help and been to three diffrent DMV's.. same old crap.. This seems to be a bigger problem than getting GC.. now we will be restrictited of driving too??

I would suggest just sending the G-28 forms with the new attorney information. Once this is submitted, call USCIS customer service a week or two later to confirm that the correct attorney information is on file. Later, if you wish, you can send the AC21 documentation. As always, any documents to USCIS should be sent by certified mail or something similar to show the proof if you need it later.

As far as I know G-28 won't trigger an RFE but don't know about AC-21 documents. If you search the forums, you will find that almost always the AC-21 papers don't reach your file.

I second this advise. Just send the G28 and confirm in a couple of weeks to see if the attorney address has been updated.

on a related note for other AC-21 filers: see if you can hang on to your older attorney. You might be able to retain them independent of your old employer (by paying fees on your own). Keeps the USCIS file clean, and also you stick with someone who presumably knows your case a bit better having worked on it from the start.

Do you guys see any issues if I-94 is expired but I-485 application is pending and the petitioner is working on EAD? Any thoughts will be appreciated. Thanks,

Well they teach you how to make the grid in the tutorial, so do that:)

Then the next step would be to use the marquee tool and select the part you want to fade out, then go to Select/Feather (I believe that is it) the select the amount. Then hit delete the selection. This will cause some fading.

I hope this helps, this is a very basic form, but it works:)

:) Thanks for you info.

inline...

I would recommend to extend H1-B, if the employer is paying for it. Extended travel on AP is tricky, but its not an issue with H1-B. If there is no extended travel plans (e.g. Working for three months from another country, or 3 month leave spent in another country etc), then there is no advantage to have H1-B.

-- not true. one of the biggest advantages of stayig on H1-V is that you maintain status even if your 485 is denied for some reason. You dont have to leave the country, you cna file an MTR and keep on working. If you are on EAD, and your 485 is denied for any reason, you need to stop working immediately. You also end up out of status right then. Being on H1 ssaves you all that trouble.
Another advantage of staying on H1 is if you are not married and want to bring your spouse over, you can do it using H4. Once youa re on EAD, your spouse has to wait for your PD to be current so she can file her own 485...

An interesting question may be, if this will count towards the lifetime cap of 12 years of H1B? That I don't know.

-- there is no cap on H1. You can get as many extensions as you want and qualify for (I-140 approved, old LC etc)

--Parag

Oh Eleanor, I don't even know where to start on this scumbag.

But I do know how to end it.

This slumdog needs a solid, old fashioned butt whipping: open to public, health-care-debate-like telecast, take his pants off, bend him over, highest priority to curry with Z-E-R-O U.S. education.

I am pretty sure these are people have come here to disrupt the forum or else who does not know about Sheila Murthy. It is just my observation that earlier all the questions were related to genuine issues and were answered as best as members knew. Recently a lot of people have joined in who have brought in negative energy, are abusive, are doubting IV, trying to create doubts in others minds, come to have fun or joke around, trying to prove that IV is a free for all forum and they can say what they want to say. All this was never there earlier. I think administrators should look into the same. IV is there to answer immigration problems and issues. People blame lawyers for not updating their websites or not informing clients unless an official news has come out but when IV came out with announcements before the news is official - all the new comers have done is mud slinging IV.

Be thankful there is a IV.

Hello,

My case is unique. We applied for our AP(for both myself and my spouse) through our Attorney on October 21st and the online case status for our AP petitions changed to,
"Document Production or Oath Ceremony" on November 16th.

Our case notes also said,

"On November 16, 2009 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service at 1-800-375-5283".

It has been 12 Postal business days since the document was mailed out and our Attorney is yet to receive it.

Today I called up USCIS customer service enquiring about my petition. I was told by the CSR that, the "Document Production" doesn't necessarily mean that the document was sent out. It merely means that the Petition was approved and they have moved on to the next step of "Producing" / "Printing" the actual document and once it is produced/printed, it would be mailed out. She also asked me to call them back, 30 days after November 16th, if I still didn't receive the documents.

Whatever the CSR said, contradicts the case notes which clearly says, the Document was mailed out.

Any advises on what I should do?

I have an upcoming Travel by last week of December and I would really like to have my AP document on hand before I exit out of the the country.

Any clues or advises would be highly appreciated.

Thanks,

Mr.gnutin or any other expert,

Can you please confirm whether I have to stick with the company for 180 days after the 140 approval, if i am planning to change the job to port the Priority date?


Thanks

I had a question which my accountant cannot possibly answer.

I have had my stock trading account with Scottrade (an online broker) for last 5 years. They send me a 1099 form every fiscal year for tax filings.

I have now come across a proprietary stock trading firm which offers me significant advantages if I do my stock trading through them. There however is a difference and I am not sure if I can indeed trade with them due to my H1B status.

They are a privately owned LLC ( trust) and if I open a trading account with them, then I am accepted as a 'member' of the trading firm and at the end of the fiscal year, they would provide me a K1 tax form which would reflet my share of profits from my stock trades.

Is this something I can do while on H1B ? Can I be a member of their LLC / TRUST and get a K1 tax form against profit from ny stock trades?

From this specific unique situtaion arises another generic question out of curiousity.
Can a person who is on H1B visa engage in an internet business (and receive income from it) from home ? I do know a couple of people who used to do that.

Thanks in advance for your answer.

I asked this question several times, this is what the answer I got.
To get L-1 visa, you need to work for sister or parent company for a year outside USA. Here is the problem come.
I am on the Same boat, How care about GC. But I care about my wife's work authorisation, she has done her Ph.D and completed her 6 year H-4 too. Even if some one offers her H-1B she cannot take up, until there is a decoupling of H-1 and H-4

if your wife has no time left on her H visa, and she is a phd. .. she can do research on J1 visa. She can work and also apply for greencard.

AILA Leadership Has Just Posted the Following:


https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiAqXunIKKDzwIYFpUbS4k6oLIJyJR_vFkd3JqFdlxnoTSuz6d3tcPZhwb1PKCLA-pxpJT_GyZZ9I3Oi9qlXZZzjNokZHrfFmgFNTATeTMniDhHS9-Na_u8EcrjwXJdaNCA5AAZ0qruVFE/s320/2010-02-23+Magnifying+Glass.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiAqXunIKKDzwIYFpUbS4k6oLIJyJR_vFkd3JqFdlxnoTSuz6d3tcPZhwb1PKCLA-pxpJT_GyZZ9I3Oi9qlXZZzjNokZHrfFmgFNTATeTMniDhHS9-Na_u8EcrjwXJdaNCA5AAZ0qruVFE/s1600-h/2010-02-23+Magnifying+Glass.jpg)
By Eleanor Pelta, AILA First Vice President


The latest salvo in the war against H-1B workers and their employers (and this time, they�ve thrown L-1�s in just for fun,) is the Economic Policy Institute�s briefing paper by Ron Hira, released last week, which concludes that the practice of using H-1B and L-1 workers and then sending them back to their home countries is bad for the economy. While Hira�s findings are certainly headline-grabbing, the road that Hira takes to get there is filled with twists, turns and manipulations and simply lacks real data.


Hira starts with the premise that some employers use H-1B�s and L visas as a bridge to permanent residence, and some employers use those categories for temporary worker mobility. (His particular political bent is belied by his constant usage of the term �guest-worker status��a term that brings with it the politically charged connotations of the European guest worker programs for unskilled workers�for the practice of bringing H-1B�s and L�s in to the U.S. on a temporary basis.) After examining his �data,� he divides the world of employers into two broad categories:


� Bad guys (generally foreign employers, no surprise, or U.S. employers with off-shore companies in India) that bring in H-1B and L workers for temporary periods, exploit them, underpay them and send them home after they get training from the American workers whose jobs they will outsource when they return home
� Good guys (U.S. corporations �Hira uses the more genteel label, �firms with traditional business models�) that bring H-1B and L workers to the U.S., pay them adequate wages, and sponsor them for permanent residence, thereby effecting a knowledge transfer to American colleagues that is good for the economy


Hira�s tool, a statistic he calls �immigration yield,� is simply a comparison of H-1B and L usage and the number of PERM applications filed by the highest users of those visas. He essentially concludes that because the highest users of H-1B�s and L�s are Indian consulting companies, and these companies have only a minimal number of PERM�s certified, they are using H�s and L�s as cheap temporary labor. He is unable to explain away the high number PERM filings of one of the IT consulting companies, and so he addresses this anomaly by saying �part of the explanation might be that it is headquartered in the United States.�


There are too many things wrong with this analysis to list in this blog, but here are a just a few ways in which Hira�s study is problematic:




Hira�s clear implication is that companies that don�t sponsor H-1B�s and L�s for PERM are using these workers instead of more expensive American labor. He ignores that fact the H-1B program has rules in place requiring payment of the prevailing wage to these workers. But even worse, he has not presented any data whatsoever on the average wages paid to these workers. He also doesn�t address the expense of obtaining such visas. He simply concludes that because they are here temporarily, they are underpaid.



Hira makes the argument that companies who use H-1B and L workers as temporary workers generally use their U.S. operations as a training ground for these workers and then send then back to their home countries to do the job that was once located here. Again, this assertion is not supported by any real statistical data about, or serious review of, the U.S. activities of such workers, but rather by anecdotal evidence and quotes from news stories taken out of context.



With respect to the fact that the L-1B visa requires specialized knowledge and so would normally preclude entry to the U.S. for the purpose of gaining training, Hira cites and outdated OIG report that alleges that adjudicators will approve any L-1B petition, because the standards are so broad. Those of use in the field struggling with the 10 page RFE�s typically issued automatically on any specialized knowledge petition would certainly beg to differ with that point.



Hira clearly implies that American jobs are lost because of H-1B and L �guest workers,� but has no direct statistical evidence of such job loss.

The fact is that usage of H-1B and L visas varies with the needs of the employer. Some employers use these programs to rotate experienced, professional workers into the United States and then send the workers abroad to continue their careers. Some employers bring H-1B�s and L�s into the U.S. to rely on their skills on a permanent basis. Judging from the fraud statistics as well as DOL enforcement actions, the majority of employers who use H-1B workers pay these workers adequate wages and comply with all of the DOL rules regarding use of these workers, whether the employers bring them in for temporary purposes or not. By the same token, the minority of employers who seek to abuse H and L workers may well do so, whether they intend to sponsor them for permanent residence or not. Indeed, arguably, the potential for long-term abuse is much worse in the situation in which a real �bad guy� employer is sponsoring an employee for a green card, because of the inordinate length of time it takes for many H-1B and L workers to obtain permanent residency due to backlogs.


Hira does make that last point, and it is just about the only one we agree on. Congress needs to create a streamlined way for employers to access and retain in the U.S. foreign expertise and talent, without at 10-15 year wait for permanent residence. But our economy still needs the ability for business to nimbly move talent to the U.S. on a temporary basis when needed, or to rotate key personnel internationally. In a world where global mobility means increased competitiveness, Hira�s �statistics� simply don�t support elimination of these crucial capability.https://blogger.googleusercontent.com/tracker/186823568153827945-6000198492670312275?l=ailaleadership.blogspot.com


More... (http://ailaleadership.blogspot.com/2010/02/epis-latest-study-of-h-1b-and-l-usage.html)

I am having tough time in getting an appointment with my local Representative and let them know what out problems are. And now this DEC bulletin is making my head spin.
---may be this bulletin will push me more in getting just an appointment--
:cool:God bless America:cool:

how on earth do u expect ppl to knwo how USCIS functions..:eek:
wait and watch!


hey! why it is like that?? last month, feb 15 08, the processing date was July 31, 2007 and how come now updated mar. 15 and the processing date became june 08, 2007??? WHY?? my friend got her gc already, hers date was july 19...she got her gc!!so wats up with that!!Do you think they will send mine (july 22)?im so upset!pls reply soon!

pd's
January 15, 2008: from April 07.. it became July 19
February 15, 2008: from July 19... it became July 30
March 15, 2008: from July 30... it became JUNE 08, 2007???????????

Do you think it was just a typographical error that it must be August 08, 2007 instead of June???

this is the link to nebraska service center
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC

I NEED YOUR COMMENT REPLIES.

I wonder in what way this post is relevant to immigration issue etc.
It's all once's personal probelm as far as I understand...

Usually I didn't recomond any one. But for cheaper option this is the man.
If your case is complicated, go with Murthy, Rajiv Khanna, Ron Gotcher etc...

He is the cheapest and good attorney known.
H1B charge is $650 (renew) $750 for new, no charge for filing H4. GC process PERM , I-140, I-485 all for only $2000. Citizenship application $250.
No charge for any RFE. He will respond in detail. I don't know about AC21. May be $250.
HIGHLY RECOMENDED. New York based. Young man in his 30's. Respond emails with an hour.
He is a British guy like one of us came here in the USA as a student F1, H1 and greencard and pass the Bar license to become a lawyer.
So he have first hand knowledge of all the process. So this make him diffrent from any Immigration lawyers.
Andrew Dutton, Esq., P.C., lawyers in Franklin Square, NY, New York (http://www.immigrationcounselorlaw.com/)

Telephone: 516-308-3670
Fax: 516-308-3669
http://www.immigration-counselor.builderspot.com
immigrationcounselorlaw.com



email.
immigration_counselor@yahoo.com

I have used my Canadian PR card for transit thru the UK while on AP. It was quite some time back though. The gate agent took a while to go thru my docs, but was satisfied and was allowed to board both ways. The verification obviously took a bit longer on the way back to the US, but nothing unusual. If I remember well, I did carry a copy of the transit rules with me in case there was any issue. My guess is you should be fine.

Finally This Is My Turn To Rejoice. My Lawyer Email Me Saying That She Got Off From Phone From Dol And My Lc Is Approved.

1)how Long It Takes For The Physical Paper To Arrive? Do We Need That Physical Paper To File For 140 And 485?

2)the Online Status Still Shows "in Process"

Gurus, Please Help Me