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saps,

Thanks for the response. I have the receipt notice & approval notice for my 485 and 140 respectively. I am planning on interlinking our applications on my own, without the use of an attorney. I did however speak to a previous attorney of mine, and his recommendation was to wait until my spouse received his 485 receipt notice, and then send a letter to USCIS with a copy of both our receipt notices & marriage certificate asking them to merge both applications, with him being the primary applicant, and me being the derivative applicant.

However, since my spouse is concurrently filing his 140 & 485, I wasn't sure if his 140 needs to be approved before we interlink the applications. The attorney said that as long as he had his 485 receipt notice, the applications could be interlinked, but I wanted to be sure how his I-140 would tie into all of this. Any thoughts?

Hi
Is visa recapture part of the this proposed dream act..? If not then it will be of no use to any of the legal workers (most of us on this forum) in the EB row.
Thanks,

Thanks for letting us know...

I think if you have H1b sponsor and lucky to get in H1b quota then I don�t see any problem. Your GC is for your future employer. Check with ur legal consultant.

Thanks vactorboy!

my current employer filed for my labor in march 2005, got approved in march 2007, filed I-140 in April 2005,and while I-140 was pending filed I-485 in july fiasco. In sep-2007 got intent to deny of I-140 based on A2P(ability to pay), employer filed M.T.R in October 2007. I have my fingered crossed looking at the financial statment from employer for the year 2005. chances are the MTR will be denied too. Now I have a new job offer from another employer who is willing to do new H1b for me and may be a labor petition too. the question is I want to see what comes out of the current MTR. Here is the question;
1/- if I tell the current employer to contine the process(which I dont think he will have problem with) and join the job on h1b will my I-485 status be changed or will it effects the current process?
2/- I am currently runnig on sixth year of h1b and my current visa expires in 2010 bades on the pending process with current employer. if I join the new employer on h1b what will be the H1b status will be?
thanks for the answers in advaced

But I think it's thanks to CBN who pulled the consulate to Hyd when they were debating to have the consulate in Hyd or Bangalore. From what I know YSR govt just boomed up the realty prices but nothing else, though realty went up in other parts of the country too.

PS: I'm not very sure but just expressed my thoughts as we are talking about consulate/Hyd/how proud we should be etc in this thread.For those who know better or disagree with me please feel free to do so by posting in the thread but not by giving red/accompanying mssgs. These days I'm so cautious that unless absolutely sure I don't take any chances with posting on threads so as to avoid upsetting people even remotely. Felt it's been long since I've been easy on IV threads..so I'm posting on this thread :)

Thank you.


Can CBN get us green cards too? :D

Very true ! I am not sure what the moderators of Murhty forum are up to but yes the forum has been hijacked by a few very rude members. BTW, one of their very famous members have been banned from another very popular Attorney forum for rude (and illogical) posts and now happily continues name calling and rude language in Murthy forum.

Good, so I'm not the only one who feels that Murthy is dominated by uncivilized conversations. IV came as such a breath of fresh air because everyone here is polite and agree to disagree in a civil manner.
BTW is that famous member "J***f"....lol. He's been getting bashed at Murthy a bit too lately. He's like a schoolyard bully who just enjoys pouncing on people and giving unnecessary gyan.

FYI, I have been in the queue for 6.5 years now. I did write the letter.

Did your write your letter?

15 minutes of yout time could save you 6-12 years of waiting!

Pretty interesting ... usually you see such writeups for developed countries... I am happily amazed to see India taking such steps... Mera Bharat Mahan!
Traditionally there used to be, and still is, a high degree of correlation between the so-called "hunger map" and the map of disease "hotspots", the idea being that most common infections originate in areas of low sanitation and poverty, and they are unlikely to be found in rich countries (malaria and cholera continue to infect, and kill, millions in India and Africa, but are non-existent in USA and most of Europe). Even the recent bird flu hotspots are confined mostly in Asia. In this sense, swine flu seems to have turned this perception on its head, at least for now, and countries like USA, CANADA, and some in Europe suddenly find themselves somewhat "untouchable" (to be fair, USA is guilty only by association, by sharing border with Mexico, the genuine swine flu hotspot).

If the govt can lobby for nuke bill, why they cannot do it for techs?
Govt well know that a big chunk of money is gonna come from NRIs and even bigger will come from future NRIs. To sustains India's growth they need it big time.
In my opinion it would be a good idea to seek Govt of India's help..

thx
babu

EAD Efiling was done on Monday 06/23, but haven't used AC21 till now.
But there is a soft LUD on 485s (both mine and my wife's ) on 06/25.
I don't know exactly what is, but i think it's related to EAD renewal. Because my PD is Nov/2003 EB3 india and there is no way i'm near the end of road for GC
Did you report that you used AC-21 to USCIS? If so, then it might be triggered a LUD in your 485. Nothing to worrry.

Hi Desiguy786,
I've used employer A labor to get a 7th year extension while employed with employer B but I didn't have that RFE situation. Since, you are employed with employer A currently and got an RFE, asking for H1 transfer + 1 year extension could be tricky.



Hi Satyasaich,

I have been working for employer A for more than 3 years and I dont know the reason for RFE, but it is related to the employer, following is the RFE, My LC is approved and applied 140 in Nov'06 which is pending. Since it's such a huge RFE ( 16 questions ), I was looking for some backup...please advice.



In short, My RFE is asking for..
Current number of employess: DHS records indicate that the petitioner has filed a disproportionately higher numberof H1b, and/or L-1 petitions than the number of employess shown on the petition. Submit an explanatoin for filing such an unusally high number of peitions in proportion to the low number of employees shown on you petition.

Copies of all H and L approval notices, petitioner's organizational chart, Form 941 Quarterly wage report, Payroll Summary, Federal Income Taxes, IRS tax return filing status transcripts, lease agreement, floor plan, office photos etc..

Consultants and Staffing Agencies: If the petitioner is, in any way , engaged in the business of consulting, employment staffing, or job placement that contracts short-term employment for workers who are traditionally self-employer, submit evidence to establish whether a specialty occupation exists for the beneficiary.

No matter whether the alien will be working within the employment contractor's operation on projects for the client or whether the alien will work at the end-client's place of business - uscis must examine the ultimate employment of the alien, and determine whether the postion qualifies as a specialty occupation. Please clarify the petitioner's employer-employee relationship with the beneficiary and, if not already provided, submit a description of conditions of employment as provided in contractual agreements, statements of work, work orders, service agreements, or letters from authorized officials of the ultimate end-client companies where the work will actually be performed that lists the name, descritipon of the duties..etc..

Also after the Visa Bullietin, India beat England with some great cricket in the last two days and Pakistan continues to ask for evidence in the Mumbai Blasts.....(sic) .......let me know if u need more updates....cause u seem to have missed quiet a lot....

My wife is in the same situation and debating whether to continue the employment with EAD renewal receipt or not. Could you please share which USCIS number did you call and what options did you select so that we can also call and get the clarificatiion from USCIS directly..just to be on safe side!! Thanks!

I am in a tricky situation. Filed concurrent I-140 and I-485 (Schedule A Group 2..exceptional ability in the arts and science) ... 8/2006.
In the meanwhile a labor cert as well- PD 8/ 2004 was approved in 2006 and I recieved an updated I-140 using the old priority date, ie. 2004. Now after 2 years the TSC is adamant that my PD is 2006 not 2004 and have given me yet another "corrected" I-140 with 2006 PD.

One lawyer said I could cite "affirmative misconduct" and request the supervisor of the I-140 section to consider and accept the late filing on the basis of affirmative misconduct. If not for the earlier I-140 with 2004 PD we would have filed another I-140. So their affirmative mistake cost us 2 years in a category so backlogged already. (I am EB 2 India).


My lawyer says we will not win and does not want to do it. Any advice?

Hello All
My attorney has scheduled conference call for all the AOS issues (after the yesterday's update)

All of you are welcome to listen the recorded version
details are
1-800-475-6701 access code 881306. The reply will be available after 6.30 p.m. today

Thanks IV again

PS: This 1 hr recorded discussion will answer some of the questions regarding fee hike/advantage of paying fee hike etc

In Michigan if you want to get in-state fees, then one has to be GC holder. My wife has put her studies at bay until GC comes. Trying to focus on our 2 children in the meantime.....with the hope that at least they will do well in the future......

I think USA is bent on proving that all pilgrims have to suffer and then the next generations will reap the benefits.

My OPT was ended on Dec 6th, 2008, I am a Ph.D graduate.

I got H1B approved (Company A - Technology Company - not software)from Oct 1st 2008 to august 1st 2011

I lost my job in September, 2008 and I moved to company B (Software), USCIS received my application at the end of October, 2008. It is still under process.

Recently in June, I moved to another job (Company C - non profit and very good institute). Now USCIS is aksing (I have time to provide this until July 20th) for paystubs in October to check my valid stay in US, which I do not have, I only had OPT Card and I20.

What is my Option now? Do they approve or ask me to go back to India and get stamped right away? or If they deny it now, what should I do? Please help me out. I paid $230 to sheila murthy before I got this job, she said they would either they approve, or they would ask me to get stamped by going India. Please help me out,

Thank You

Done! Below is my message.

I am a high tech immigrant struck in backlog for about ten years now. Imagine the agony of having to do a narrowly specified set of tasks for ten years when your peers have gone on become vice presidents! I hope the administration does work on clearing off green card back logs for hitech immigrants and help them help America by creating new enterprises and jobs.

-H

So whats the verdict ? Can we work on EAD receipt notice if the EAD could not get renewed in time ?

Well optimism and positive thinking is the only way up in life mate. Anyways we all know wht happened last year wherer so many people got there ead in a year from first stage. There were lucky hope v r too. Thats the optimism.

Thanks for you concern.

I would appreciate it if you can answer to my specific question. :)

Your company would be better off by submitting audited financial to avoid any possible RFP on ability to pay! Also ability to pay not only depends on current standing, if your employer is filing more EB2 for future jobs then he/she may have to prove the business necessity as well.

Good luck.;)