Mike Tyson Tattoos

No big deal man...mine was approved in 2 days from NSC..;)

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Hi All,
I am thinking of looking for other job options. I want to know if you any one of you have changed jobs on EAD and your experience with the whole issue.

I changed jobs on EAD

1. Did you find have any issues when getting 485 approved.

My PD is still 5 years or so away from being current. :)

2. Did you file AC21.

No. But hired same lawyer who had filed the initial case. If current employer revokes I-140 (through same lawyer) might send AC-21 letter.

3. Does the job responsibility has to meet 100% word by word.

In my case its about 80% the same. In general its better if its as close as possible.

4. Has any one you applied for EAD extension on your own.

Not done yet, but will do this year. Its a simple enough form

5. Has any one got an RFE after changing the Job on EAD and submitting AC21. if so what kind of questions do they ask.

have been looking at immigrationportal.com for older-timers experience with AC-21 and no one that I know of has go an RFE wrt proving new job is similar to old one.

You asked for any news at all and here is update posted today on immigration-law.com

"01/14/2007: Comprehensive Immigration Reform Legislation Likely Timeline

Report indicates that the House and Senate special panel has been working hard to work out the new Comprehensive Immigration Reform Legislative bill. As everyone knows, this panel is led by Sen. McCain and S. Kenndy on the Senate side. It appears that the panel is targeting at introducing the bill first by March and pushing to pass the Senate by April, and the House then takes over the Senate passed bill and attempts to pass it quickly. We will have to wait and see whether or not this scenario will work as planned, but because of the changed political landscape, it is general opinion and concensus in the media and political circles that unlike the tragic experiences in the past few years, it will have a much better chance to make it this time on. If it fails to make it through as scheduled, the chance of the bill will turn slimmer because of the emerging 2008 national election politics and heat of passions involving politics. The AgJOBS bill which will legalize approximately 1.5 million farm workers on H-2A visa status currently receives a very strong support from legislators in both sides of the aisle, even though there is some difference between the White House and the Congress when it comes to the details. It is unknown whether this bill will eventually turn into a part of the CIR. AgJOBS bill is already nicknamed "Temporary Guest Worker" bill!
As for the Appropriation bills for the federal departments other than Defense and DHS, since Continuing Resolution to temporarily fund these departments will expire on February 15, 2007, there is expected some legislative activity to pass some of the minor immigration bills including H-1B reform as part of the appropriation legislative process. Please stay tuned."

Hope you feel relaxed for the day

I worked with a desi consulting company Since Aug 2006. I moved to that company with my current project with the promise of faster GC process. My PERM was approved in Nov 2007, so missed July 2007 filing. I had to leave for India for few months due to an urgent personal issue and came back in April 2008. So I didn't work for 5 months (Nov 2007 - Apr 2008). When I came back he couldn't find any project for me and I realized he was a small company (The company was in NJ and I'm in CA). I found a job on my own in May 2008 and since I realized I'll be in trouble with him again I moved to another consulting company. Since he didn't pay me for 5 months and to prevent me from complaining against him, he said he'll take care of I-140. He said there was an RFE in Mar 2008 and he responded back. He told me it was on my W2 and I asked attorney and he also confirmed it. I didn’t get a copy of I-140 receipt, but I got the receipt number when it was applied.

And he cancelled my H1 in Aug 2008, though it was valid until Sep 2008. I asked him about this and he said, it's Ok now since I transferred the H1 and he'll not withdraw the I-140. Since I could successfully transfer my H1 w/o paychecks, I decided to leave those behind and move on with my life.

I applied my PERM with this new company in May 2009 and it's not yet approved. In Sep 2009 I saw my I-140 was approved with my previous employer and I called him and he never responded back. Then I saw his website also went away. Looks like he closed the shop.

Now in Feb 2010 I saw my I-140 status as withdrawn. This is the worst thing he could do and I'm mad! This is my 8th year in US and I used my I-140 number to extend the H1 and now it's due in Apr 2010 and I don't have a valid I-140 number (my PERM was applied with the new company in May 2009) and it's short of 20 days for 365 days past, I'm in BIG trouble!

I was taking care of all immigration expenses (H1 Fee, H1 & I-140 Attorney Fee). He made free $$$ from me for 15 months. But he was smart enough not to leave any proof that I paid for these expenses!

So I've two issues now to take care of.

- To extend my Visa
- And to sue my ex-employer for screwing my life. Since It's one year past since my H1 validity with him (H1 was valid until Aug 2008) Can I complain against him to get those 5 months bench salary or the statutory limit is over?

PLEASE HELP.

The timeline for you to help me.
On Bench with ex-employer Nov 2007 - April 2008 (5 months)
H1 transferred to new company in May 2008
H1 was valid until Sep 2008 with ex-employer, cancelled it in Aug 2008

You need to get another attorney, first and foremost. Sorry its a bit harsh, but it's for your best. There might be problems later and you need to ask yourself-- is this attorney (who apparently didnot go through the case before filing) giving you what you paid for?

I received my Labor Certificate with PERM process. Right now, I can't continue the process for I-140 and I-485. My lawyer just found out that my degree is Master of Business Administration, while the Labor Certificate is based on Master of Science. My current position is Software Engineer.

My questions are:
1. Is there a problem of having an MBA and working as a software engineer? As my understanding, MBA and MSc are the same level.
2. Can I continue the case since I already got my Labor Certificate?

I appreciate your feedback. Thank you.

Considering,
- EB3-EB2 upgrade
- Slow VB date movement
- No FB spillover
- Growing economy (which will further reduce the spillover/across numbers further in coming years)

Have you ever wondered what are the options you have?

We know, we are stuck with H1. Some of our problems are
- Resumes are rejected as many(most) companies prefer Citizens/GC/EAD than H1.
- Many RFEs and question with H1 Extn.
- Getting visa stamp at consulates is a (mental) pain.
- Consider the time spent from vacation for getting visastamps.
- Problems at port of entry( So many questions). We don't know what is new in store when we comeback from vacation.
- Pain of planning for a short visit(week) for emergency issues/family functions.
- Hard time in finding a H1 sponsor for H4 dependants

We know for sure that we are not going to get GC now. We don't know the exact wait time. What is our interim relief? Have you ever wondered how an EAD and AP will help you in the current situation? Have you ever dreamt the return of summer of 2007?

If you think/believe that EAD+AP can bring positive change in your life, please join us. Show your support by voting in http://immigrationvoice.org/forum/forum14-members-forum/1599353-want-to-file-485-when-pd-is-not-current-gather-here.html

Lets gather in that thread for our relief.

Let me make it clear, I was NOT trying to bash any other community.

Also, please comment on how do EB legal community defend themselves against all this biased, baseless attacks.

I have nothing against any community, everyone comes with their own skill, position, timing, education, luck etc. I don't control that. I can only control my factors and contribute to the overall clause.

Being my concepts clear, will help me contribute more and justify it more. Hence instead of picking up on my arguments (when I have made my intentions clear), won't help much.

My lawyer sent my I-485 to Vermont instead of Nebraska. I don't know what to do now. I am in lot of stress.

Can I send another application before Aug 17th. I have not got rejection on first one. Will this confuse USCIS?

Gurus, please advice

(BTW I have an approved I-140.)

Q6: What happens if an application is filed at the wrong Service Center?
A6. Forms I-485 should be filed at either the Texas or Nebraska Service Centers. However, through August 17, 2007 only, employment-based adjustment applications filed at the California and Vermont Service Centers will not be rejected and will be relocated to the appropriate Service Center. Filing at the wrong location could result in processing delays.


From http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf

You should be okay

Thanks to all for their prompt reply on my situation. I am in NJ/NY area. And considering short term course during the period of Jun 2008 to October 2008. Which is almost 3 months. Any one have any idea if any kaplan center or community college provide courses or I20 in summer session?

Getting job in university and some non profit organization is another good option. If we consider that, we can apply for H1 anytime? Please advise some more in this option.

Yes marriage is another option, but only 50% is in my hand for this option.

Please please guys, get me some way out of this situation.

Oh, since my H1 has been denied, can I file for 'Motion to ReOpen'? How long USCIS take to decide on MTR and what are my chances there.

The best option for you is go back to a community college to bridge the gap. Motion to reopen will take a long time.

OK, following Gary's lead, I tried a facelift also. It was a slow day at work so I had lots of time to play with this. Adobe Photoshop Rescue.... :) A little sloppy in one spot that I can see, but hey, it wasn't for real!

Hi All,

NSC received my I765 applications on June 21st. I am still waiting for my EAD. I have seen many people from NSC got their approval for the same time frame. Is there anypone in the same boat. Is this something I should be worried about.

Thanks!

What is your ND?

4. An apology from USCIS for the delay!!


Dreaming too much...by the way how its going to fix the problem?:D

same here, my PD is Aug 2004 EB3(ROW) but my I-140 and 485 is still pending at NSC(more than 240 days).I dont have any hope that my I-140 will be cleared any time soon...Good bless H1B people

Folks,

Need a little advice. We (my husband and I) filed our 485 on July 2 under EB-3and have received AP, EAD, FP etc. Our PD date (July 7, 2001) got current in the March bulletin:). I wanted to check if there is way to find out if our cases have been adjudicated and are ready for approval as and when a visa # is allocated in March.

Thanks

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Check again

Came to US in 2004. But never was after GC. Applied in Feb 2008 EB2. So does not look like will get my GC in next couple of years.

'cooler' has well said that value of GC has changed as life has progressed. Now thinking of going back as parents getting older. Plus daughter has US citizenship. If she wants to come back here, that is her privilege.

Completing 40 SS credits next year. So can return after that. Bought home in 2006 at the peak of the buble so getting out of the house is probably the only hurdle left.

C-Corp is the best way to go. You can register your corporation name and EIN number online with both the Business bureau in your state and the IRS. It takes an hour at most. For me in NYC, I used OPAL: http://www.nys-permits.org/

From my experience, it is better to take commission (to pay yourself) than salary. Basically making your salary project-based like a consultant. That way you can always offset any big expenses with your commission (salary) whenever you incur them. But your method of accounting is up to you.

Get quickbooks or accountedge to maintain a ledger. Excel is pathetic at this.

For C-Corp you file an 1120 annually and a franchise tax (varies by state). NYC has a franchise tax (its called NY Corp Tax) which requires you to pay even if you have no profits for the year. If you are selling tangible objects like software online or merchandise, please note you need a Sales Certificate with your state to collect sales tax. This must be filed quarterly. Sales tax is now being enforced nationwide (Please lookup Amazon / Overstock.com's recent loss to a federal ruling regarding not charging salestax).

Apart from that, keep receipts, make a business account with your bank of preference and try as much as possible to offset all gains with expenses.

I am agree with you. But my question how can we correct this issue? Called no of times and they are not able to correct the issue. If she travel with that status any issue?

Write to CISOmbudsman <CISOmbudsman.Publicaffairs@dhs.gov> and local congressman.

Hi there,

There is premium processing available for 140 but like for everything else that is premium .. u have to pay a premium for it. I believe $1k.

Best of luck.

If your co-worker is giving you the letter it makes more sense to have it notarized to make sure that he really signed it - Its okay if he signs in front of Canada or other countrie's notary public. Since this an RFE - you dont want to take any chances.

In general big companies wont issue this letter in this format and small companies disappear - so co-worker route is a pretty popular way !!

************* general layout , change accordingly ************

January 01, 2007


US Citizenship and Immigration Services
Nebraska Service Center
P.O. Box 87140
Lincoln, NE 68501-7140

Re: XXXX XXXXX


TO WHOM IT MAY CONCERN:

I write this letter to verify that Mr. XXXX XXXXX worked at YYYY YYYYY from Aug 1998 until December 2004. During this period he worked 40 Hours per week.

During the period of employment at YYYY YYYYY Mr. XXXX XXXXX’s duty were to Analyze, Plan, Design, Develop and Test computer programs for Business applications using Oracle, PL/SQL, UNIX, JAVASCRIPT, JAVA, J2EE, XML, JSP, EJB, Hardware/Software Configurations, JDBC, ASP, VB6, DHTML, Linux, COM, DCom, Lotus Notes, Domino, SQL Server, DB2, and Informatica.

Mr. XXXX XXXXX rendered these services with the highest degree of responsibility and professionalism.


Sincerely,



___________________________________
Mr. ZZZZ ZZZZZ
Designation
Company Name

**************************************

You should write the job duties, salary , 40hrs.week and get it approved by the lawyer and then email to lawyer. Once lawyer approves you should send it to your friend in Canada and he should print I believe he can notarize in Canada and send it back to you or may be he can print in his company letter head. Thank you.

senorita..raj here...

here comes the answers for your responses...


1) Since I wont be coming back to US as of now, what if I do not get my H1 visa stamped. Can I use my approval(I-797)in the present consulting firm's name, for getting H1b stamped through any other company in future.

You need pay stubs of working firm to get the stamping. If you are working presently ..u will ahve some pay stubs and you can use it and get stamped.

2) I understand that stamping is needed only for reentering US. What if i just get the stamping done and still do not come back. In that case, can I still transfer my stamped H1B to any other company without working at all for the consulting firm whose stamp I have on my passport.

If you live out side US for more than 360 days , then u r H1b is invalid. In order to return again you should apply under the H1b cap.

Hope this helps....

I recently heard that the new immigration bill is finally going to be passed in Oct 2010. The highlights would be mainly to use all the green cards alloted irrespective of any country. And to support this bill they will receive all the 485 applications irrespective of the PD. Can anyone confirm if this is accurate info.

Thanks.
It will be better if you could mention your sources. Otherwise, it is just speculation and wishful thinking.