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What took you sooo long to wake up from the slumber and realize that you need to get paid? Look up WH4 and complain to DOL. Look for the contents in the Neufield memo as well.

Paper filed to TSC and my 485 is pending at NSC
PD: EB3 Dec 2002

EAD sent to TSC on July 10th
RD: Jul 11th
ND: Jul13th

EAD expiring on Oct 3rd.So my countdown started.

This is scary man...

For Labor substitution cases, is there premium processing for I-140? Earlier, USCIS announced that from 05/18/2007 to 07/16/2007, it was stopping premium processing for Labor substitution cases. Any change now?

No PP for labor subs. No PP for other EB cases until 8/2/07 atleast. They may extend that because of the I-485 filings which will happen until 8/17.

How did you guys manage to get H1's so recently from H4?

Is there a way that H4 are exempt from the H1 quota?
The H4 to H1 applied in 2006 quota is very slow.Some cases are getting approval even in jan(one of my friends wife got approval last week).

No rule yet to exempt H4 from H1 quota.

Thank you very much for your prompt reply. Greatly appreciate.
I paid the money to my company who has applied for my H1B. I am not too sure whom they will address the check to. They only sent me the Fedex tracking no. which tells that the application is received by USCIS, Vermont on April 7th.
I am fine if it is taking time but my only concern is whether this company has really sent my H1B petition. Is there any way to find it out?

Regds,
Vani

You are not alone�

This is the case for most people, for instance, my current salary is at least 10K higher than my LC wage.

Bottom line is, you need to have a job in the "same or similar occupational classification" as the position which was the subject of the labor certification application. Salary does not matter, as long as it does not seem to evidence a totally different type of position.


How about the opposite problem. The LC wages are lower that what I am being paid. the LC reflects what I was being paid at the time it was filed. not sure if the lawyer screwed up. Right now, I am doing a similar job (non-IT, non-technical), but with wider responsibility and earning ~ 40% more. What now??
-a

Please visit http://iv-tristate.blogspot.com

Please make it to this event

That is incorrect. USCIS would send a copy of RFE to you as well.

My wife got a medical RFE and I'm looking at the letter from USCIS as I type.

Yes, We did sign the lawyer form. Lawyer first got a copy and informed us. He also told us that we would be getting one. And we got one.

For me I never got a any communication directly from USCIS for the RFE.

I see your PD is 2004? there are thousands of people whose PD is probably before you waiting to file 485. I guess they would get there GC's first. I don't think there is a way to speed up the process. It should be FIFO.

Friends,

Like me, many of you have filed I-485 before Sept 2005 and got stuck due to priority dates getting retrogressed. Now that that the PD is current what action should we take to get the cases approved and not get stuck again.

PLEASE POOL IN YOUR INPUTS so that a collective thought will put us in the right direction to get the GC approved before the PD move back.

TIA.

Please see my Signature below for info regarding me.
EB3/VSC/India
PD July 2004
140/EAD/AP/485 file RD:11/05/2004 ND:11/09/2004
EAD1 Approved:11/22/2004
AP1 Approved:11/23/2005
140 Approved:2/1/2005
EAD2 RD: 10/06/05 AD: 10/25/05
AP2 RD: 10/06/05 AD:10/31/05
EAD3 RD 7/7/2006 AD: 7/27/06
FP1 - 03/10/05
FP2 4/25/07
SELF Name Check Cleared!!!: Dec. 2004 & Jan 2006.
SPOUSE Name Check Cleared!!!: Mar. 2006

Contributed $350 so far. Will contribute another $100 today.

great!!!. That is the spirit.

Unless you use AP to travel outside, you can work on EAD and status of H4 is not going to be affected..So dont fear, just pose the question to lawyer in immigration-law.com. Or else you can search in the advanced q/a in that website u may find answer..

I also have the same question "Please provide information concerning your eligibility status:", what should I provide in that text box.
Please suggest.

when I check 2 yrs old EAD application my attorney had used (c)(0)(9)
Is that right or it should be (c)(9) or
it should be (c) (09)

Please help folks


I put application date as when ever I signed the form and dated it. I think its no big deal, if you attach copy of previous EAD...

you are dreaming about points 1 and 2 as marked in your post below. democracy is about govt by the people for the people. got nada to do with taxation. Maybe you live near washington dc and are confused with what they write there on the asses of their cars. 2. people who earn a living from your tax dollars are answerable only to constituents... and you my friend are not a constituent until you become a citizen with voting rights.

have fun flaming me back. ;-)

I agree with rajuram. We are all tax payers. 1. The whole concept of democracy is taxation with representation. 2. People who get paid from my tax dollars are answerable to me as much as they are to anyone else. Even when cis is not forcing me to file gc, its still equally answerable to me for my tax dollars to tell me why they are not doing their jobs properly. And for that cis owes us all apology. What's wrong with that?

Its very ambiguous.....on one hand they say:
and then they also say:

So we cannot call the USCIS even if the RD is July 2. :confused::confused::confused:

Yes, we cannot call them till processing date > received date + 30 days!

This is a really complicated case. You should consult a good attorney. The people in this forum are not lawyers. They just have some knowledge about immigration process and laws.

If I was in your place I will file for another H1B through Company B. There is a risk in this also as your current H1B extension is denied.

Stay in good terms with your current employer. Tell him once he is able to resolve the issue of H1B denial, you will come back to him. Also tell him once you get your EAD you will come back.

The problem is USCIS denied H1B extension due to non-compliance of rule in paying the employees, they can probably deny the 485 for the same reason.

Reason: Employer didn't follow labor rules in paying for some of the other employees.

Abhjitp thanks for your reply.

Just contributed $100 through paypal. ID: 78D447032J342041H

Please, do the same. It is critical to get IV going further.

Oh I see it :). Evil is over it and too much grass covers it up.

I don't know what "UNKNOWN" means. My wife is on her F1 (OPT). Same is the case with my friend. Both of our's says unknown.

TUnlimited: is your wife also on F1? I am about to call USCIS customer service on Monday.

Guys, please update if you know any more details about this.

if a couple of members attend with immigration voice badge on their shirts, this could be a good platform for immigrationvoice as a group to get noticed.

Maybe people who are living around Washington DC neighborhood can attend to represent IV and their registration can be sponsored by IV.

Just a thought. As we push our agenda, IV as an organization must get noticed in more places where USCIS is putting its face on.

Hi All,

EB3-ROW PD: June 6, 2005
AOS application sent: July 1, 2007
I switched employent on December 2007. I didn't transfer H1-B so I am using my EAD to work for the new company. I didn't file for AC21 because I was worried about RFE or other type of complications.

My H1-b visa and I94 expired on May 2008. I am planning to visit my homecountry and come back on AP. As I understand all I need normally is AP+ passport+ I485 receipt. However, I also read some forum members recommending that we carry recent pay stubs and an employment letter from our company. I also read some that folks were asked if they were still working for the same company. My honest answer would be "no". I left my GC sponsoring firm (A) and joined company (B). So I wouln't have letters or pay stubs from company A. Would that be a problem at the POE? If I run into an IO that prefers to scrutinize, I might get into trouble. This really worries me. Again I switched jobs and never filed for AC21. Would I be at fault for not reporting the job change?

Thanks a lot for all your support!!

I changed jobs twice using AP. I filed AC21 first time. I did not file AC21 when i moved the second time. I am no longer on H1-B.

I entered US on AP couple of months ago. Passport and AP document are all you need.

At POE, I let the IO know that i am entering on AP. If not they may start to look for visa in the passport. Hand over the AP documents and passport. I was sent to secondary inspection(typical for AP holders. nothing to be concerned). They take the documents at the secondary inspection and ask to wait. Few minutes later, they call me and give me a stamped AP document, I-94 and passport.

My sincere advise, also take I-485 receipt notice, I-140 approval document, employment letter from current employer (few words describing your job duties and when you started),
and current pay stubs. All these are supporting documents only if they ask.

Changing jobs without informing USCIS is OK when you are using AC 21. There is no rule that you need to inform job changes.

Another smart thing to do would be in the employment letter also mention that this job is similar to the one applied for your green card. Again these are not mandatory just a good supporting document.