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Lisap - The GC approval will depend on your Priority Date. The more recent your PD, the longer it can take for GC. In any case, I think it's a safe option to get your H-1 extended unless you want to take the risk to wait for your EAD.

from immigration-law.com
08/04/2006: Elimination of Backlog Labor Certification Applications: Feasible in 14 Months?

* The DOL authorities confirmed in San Antonio in June that the data entries were about to be completed by the end of June and mailing out of all the 45-day letters might also be completed by middle or within July 2006. The authorities also confirmed that traditional regular labor certification applicants would start receiving the recruitment instructions with their prevailing wage determination to accelerate the recruitment process beginning from later part of July 2006.
* For a while, the employers received en masse the 45-day letters in the mail, but lately it has slowed down for unknown reasons. Sources indicate that the initial schedule has been somewhat pushed off. However, the DOL website still promises that they will eliminate all the backlog cases in 14 months. The period of 14 months may be a long time for the immigrants but a short time for the agency to eliminate tons of complicated labor certification applications. This is particularly true in that as the elimination program approaches the end of the rope, the morale of the temporary workers that manage, operate, and process applications is expected to drop substantially.
* The late slow-down of the pace of processing of the backlog applications raises a misgiving that unless the agency works out a special procedure or device, they may not be able to reach the goal.. There are still tons of traditional applications that await a time-consuming supervised recruitment process and adjudication including audits. The c6nsumers want to see some speed-up action before we approach the year-end holiday season and work slow-downs.

We don't need a web based status check system for our labor it just might be another tack tick to further delay labor processing. We have waited so long some even more then 5 yrs and we know that our case is still in process ; we simply shouldn�t care if BRC create some stupid website or not to show that our case is still processing, as long as they keep their word this time and finish all pending labor processing by September 07

Here is my story, Immigration experts are requested to suggest.......

My H1 started from Oct 05 with Employer A.
Applied Labor in Feb 07, Approved in Feb 07.
I-140 approved in May 07.
Applied I-485 in July 07, still pending.
EAD, AP received in Oct 07 - Expired in Oct 08 (Never Used)
Renewed EAD in Oct 08, valid till Oct 2010.

In Oct 08 H1 expired (3 years), Employer A filed for extension in Sep 08.

The project with Employer A finished on Nov 22, 08. (on H1)
Started new project with Employer B on EAD from Nov 24, 08.
(AC21 was not filed)

Employer A responded an RFE for H1 extension in Jan 09. (3years of Tax
Returns, W2, etc)

Due to miscommunication between me and Employer A, he was notified of my
new job on EAD with Employer B in march 09.

H1 Extension with Employer A got REJECTED on April 26, 09. Reason - End client
contract not submitted. (It was not mentioned in RFE)

Never filed an AC21.

What should I do now ? Will this H1 extension rejection become an
obstable in getting I-485 approved ? Will there be any problem in getting
third extension of EAD if I-485 is still pending ?

Should I appeal this case by submitting all the end client contracts ? But I have
used EAD ...........I have good relation with Employer A and am assuming he will
not revoke my I-140.

Experts please suggest........

Here is my observation

1. Since your H1 with your original employer A was rejected the next step from your employer would be to revoke the H1 petition ( i am not sure if rejection means automatic revocation)
2. You implicitly used AC21 by moving to a new employer and working on an EAD
3. You could have an issue if, employer A revokes your I140. There is some evidence to suggest that lot of such cases are getting NOID and getting rejected. This is based on readings on this forum in other threads.
4. On the contrary if employer A is not withdrawing your I140 which means he is still willing to support your GC ( implicit meaning is that you will work for him in future). You might get an RFE next time you apply for some renewal or just like that on your 485 asking you for 'proof of employment'. In which case you submit the necessary documentation.

The key here really is to make sure your Employer A does not revoke your I140. I know the advocates of AC21 have been arguing in the other threads that it beats the purpose of Ac21 if USCIS is rejecting such cases but its a grey area and certainly a cause for concern.

- cheers
kris

Last week out of a project..my desi consultancy sent me a termination notice(on H1 with this guy). 485 filed in July 2007. got EAD. I am looking for a project right now. Planning to join on EAD and look for a job.

What are my options? I am in status?

Thanks for your advice.

u r in status of pending-AOS. So if you forget about H1 for new job and take it up on EAD, you are all set.
If you try to do H1 transfer and the gap from now to tha ttransfer is a lot, then they might not extend the H1 status and you'll need to leave and re-enter the US.

Guys:
I am currently working through a Consulting company at a client location.
Now, if I were to join the "same" client location as an employee after the 180 day completion of having filed I-485, what are the things that I need to keep in touch before I make this transition.

I do have EAD that is valid till Sep'08. Do I need to tell the client company that my I-485 is pending and that I can work using EAD or should I apply as anyone who would apply for the position without any strings...!!!

I would really appreciate if you guys can let me know any nuiances that I need to be aware of and any caveats that exist in this situation.

I appreciate your time and good luck to all to get the GC as soon as possible.

Thanks

Ok Guru's I am in an awkward situation. My GC got approved some time in Aug 2008. But before the approval of my GC my wife in india applied for H4 visa based on my H1b. The consulate approved her H4 and stamped it on her passport last month. Even though I am on GC now. i have files I-824 for her Follow to Join.

Now the question I have is.

1- Can she travel to US on that H4 (the visa stamp is valid till 2010)?
2- If the CBP agents at the aiport let her in the country can I file for her I-485 and have her wait here on AOS?

Let me know what you guys think. On mountain crossed and still more hills keep coming.

Talk to lawyer. My feeling is that if she had H4 status before leaving US and just got a renewal, she can come on H4 visa though your GC is approved when renewal is pending. However she should have applied the renewal before your GC is approved. Also, filing 485 may not cause any issue.

I wish they will have online chat with IO who is assigned to ones file( not CSR) so no more RFEs etc.

Hi,
What's the Maximum amount of money the parents of a h1b person can carry from US to India when they are returning after a visit on B1 visa? I heard it should be a dollar less than $10,000 per person. Somebody told me its $10,000 per party. Please answer this.
So if father & mother both are traveling back from US to India can they carry $9999 each in their hands while traveling through air? It will be $19,998 total for the party in total
While coming to US I heard you don't have to declare the money/currency you are bringing as long as they don't exceed $10,000. So if they are taking most of that money back along with some extra cash (total < 10k per person) is it safe to avoid any questions/complications with US TSA/ CBP?
Have anybody got into problems or delays?
I just want to have the right information handy just in case.
Please help by sharing the right answer. Thanks in advance

I think that the total limit is $10K for a family (not person). If I remember correctly, on entering the country, we are asked to fill only one customs form for the entire family - and it clearly states in that form that the total allowed is a max. of $10K per person.

Having said that, the following are considered to be cash (not fully inclusive):
1. Traveler's check
2. Cash
3. Checks
4. Money Order
5. Cashier's check

The following is not considered as cash:
1. Credit cards
2. Debit cards

So if you would want to send more than 10K out of the country and not want to get into any issues and also be on the safe side, it would be a good idea to pre-load a debit card and then send it with your parents.

My daughter is now 22 years old and filed I-485 on behalf of me in the year 2007. That time she was only 19 years.

Now she is planning to get married before getting a green card. Her bride-groom is H-1 visa and not applied for labor. Will her I- 485 application be cancelled?.

I am also porting to eb-2 in the next three months. I am hoping to get green card may be after Sept 2011.

Suppose she gets married before the green card what will happend to her case. Please I need advise.

Good news..But, let us not stop our campaign until we hear something concrete from USCIS.

I'm based in Dallas, anyone in this area send me the PM.
Since I travel extensivley there might be a slight delay in pesponding to the emails.

Thanks!
Madhu

Just like *ranga*, *billa* also has a story.

billa went to Texas A and M for his Mechanical Engineering and then moved into a lucrative job at a world famous oil company in Houston. His company has offered him a permanant job and offered to do his Green Card. But they don't know he will be leaving his job to go to Dubai because of Green Card logjam and uncertaainity that prevails.

Lets help to keep Billa and Ranga in the US. Lets all go to the rally

If you are using itemized deduction ( schedule A) , you might want to claim this as un-reimbursed job related expense. I am going to do that.

-Naushit.

if you dont have experience letters from past employers, you can attached notarized affidavits from your past colleagues. that affidavit need not be on a letter head, as it is from an individual (as opposed to a company).
Make sure it has details on begin date, end date of your jobs and designations along with job description(should be same as in LC). Also provide the phone number, address, designation of the person who is giving your the affidavit , in the affidavit letter.

This info is from my lawyer.

Hope this helps.

Very cool. Gets the Vertigo award from me. That has to be the tallest spiral staircase I've ever seen. They don't design em like that much over here - probably to minimize the possibility of jumpers.

Congratulations!!!!!

Would you plz confirm us on the Birth Certificate?

Me & my husband got our Birth Certificates in 2005 with all the correct birth details. Do you think we might still need affidavits for Late Registration of Birth?Please throw some light on this as there's lot of confusion going on this.
My BC was issued in 1980 and my DOB is 1974. However, my BC (issued by govt. of Mysore - Bangalore then was part of Mysore then) has a "registered" date as 1974. My lawyer said that since the registered date is 2 days after my birth, there is no problem with the BC.

Here's our situation:

Both of our GC applications were filed in EB3 categories, by our individual employers, independent of each other.

My priority date is Apr 2002. My 140 is approved and 485 was filed in 2007 and is currently pending.

My husband's 140 is also approved and 485 was filed back in 2005. His priority date is Sep 2003.

Is there any way now to link both our applications, so he can take advantage of my earlier priority date without him having to withdraw his 485 application?

Here is what I understand, but make sure you seek professional opinion before making any move.

He can simply submit another I-485 as the derivative of your application. Of course that can only happen when your PD becomes current. He does not have to withdraw his own application. If he gets GC as your derivative, his other I-485 will automatically become invalid.

This is a disaster for all FDBL clients. Wonder how this will affect people who have a I140 approved and 485 pending?

my husband's I-140 just got approved in a week's time. We were still waiting for the receipt number, instead the lawyer said she had received the approval paperwork!

One could also EASILY put links in a picture via Flash. :)

Fireworks is good too.

Business groups, which have clashed with Democrats over everything from health care to Wall Street reform, have been working quietly with Congressional leaders and another one of their typical opponents � unions � to seek an immigration overhaul, says Benneth Roth