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Guys.....

This thread should stay on the very top all the time...

It will be a shame IF SOMEONE HAS TO BUMP IT despite of the the EVENTS DURING LAST FEW WEEKS.

No, it's the usual 3 (or 6) months.

The amount is not the main issue. Awarding of fees by the court means that the court believes that the USCIS had no real legal leg to stand on for delaying the case for 4 years.

What it ultimately goes to show is that such unreasonable delay by the USCIS is plain bureacratic inefficiency and actually makes the bar lower for any future WOM cases.

Also it sets a precedence and anybody who has previously got a favorable WOM decision can go to court to recoup legal fees.

Wondering if this will open a floodgate - I guess the enhanced fees the USCIS is now charging will go towards paying these bills!

All in all this is a severe reprimand of USCIS practices - Hope they wake up!

If your GC is getting approved today, then your priority date should be current, so I assume you will be (or would have) applied for dependent 485 for your wife (and son?) so they are going to be on AOS...

..or, am I missing something?

pal :)

In my case I have only one LUD after fingerprinting and then on 30 Nov 2007
again LUD I485 Card production ordered.
same with my spouse also.

Onething I noticed is that most people who are getting approvals, they all have completed their finger printing on or before Aug.

I'm in the US working on L1 visa, though I have an expired visa, I have I94 valid until Jun 2008 which makes me legal to work here until Jun 2008. Now, I'm planning to travel to India, Do I need transit visa in France if I travel via france.

What on earth makes you legal to work with an expired Visa?

Obama's immigration reform plan: He should admit lots of super-immigrants, the highly educated, future entrepreneurs. - By Annie Lowrey - Slate Magazine (http://www.slate.com/id/2293628/)

Hi All,
Can some one advice whether I can qualify for EB-2 Category?

I am a Chartered Accountant from India with 10 years of Post Qualification Experience.

I am currently working on H1B since last 1 year and working as System Consltant for last 4 years.

I do not have any other master degree like M. Com / M.Sc etc.

Would I qualify for EB-2 Category ?

Regards

System Consultant role might be an EB2 role i.e.require a Masters degree, but it probably does not require Accounting (CA) qualifications.

So it would be tough to make a case for EB2.

http://ivwiki.com

i believe it was idlinggc

....and I understand that. I would be pissed off too if my priority date was earlier and my status was still pending. I actually believe that this is a fight for all of us and that is one of the reasons, I have contributed before and will continue to contribute to IV. This does not change the fact that I am in a messy situation. I posted to get some advise not to antagonize people.

Dear friends,

has anyone applied for an endorsement of new passport information on PIO card with Travisa? How long did it take them to do it?

Also, does anyone know if they accept walk-in applications? (Houston)...

I saw two lud on my i-485(yesterday and today) What does that mean?
I have completed my biometrics, received EAD and approval notice for AP has been sent.

Can somebody clarify on this please??

That's good sign

Bumping

Too early for this thread. Only you could see NO. Is there anyway to create a poll to change from No to YES when the checks are cleared. Then this will be useful, otherwise it is going to be a waste thread in next two days.

Since your H4 COS is not approved yet, you are not YET in H4 status.

So you need to prove your current status based on pending H4 petition as well as your H1 paystubs. That is why you need to submit the pay stubs.

Your COS may get rejected (even the H4 COS), and in that case you need to travel outside get an H1 stamp and come back.

This is a typical situation where you should file for Premium Processing (of H1 COS).


Thank you for the quick response. I see that you are in Center City Philly. My prospective employer is also located in the same area and he does not have an immigration attorney, may be I can retain your services.

I understand the 'Yes' to the first question.
For the second - I do not have the most recent paystubs as I have not been employed for the past 2 months. In addition, I cannot provide paystubs for any period in 2009, that I was employed as I was not paid by my employer.

The last paystubs I have are for Sep 2008. I also have W2 for 2006, 2007 and 2008 (though 2008 one is deficient for 3 months).

Is it possible that I do not submit my paystubs and W2 and only submit my earlier H1 approval notice, valid I-94, and Pending H4 COS Receipt Notice? With this documentation, can we expect an H1 approval and in the worst case expect COS denial?

I am thinking, if H1 gets approved, I will travel abroad and obtain a new I-94 at POE.

Please recommend a safe approach. The new employer wants me to begin in 3 weeks, and I am wondering what is the best approach.

Thank you in advance for your time and recommendations.

Thanks for your Reply.
My Employer is also threatning me that if I ask him for salary then he will lay me off and immediately send me back to India.
can he do like this ?

pls keep all your timesheets signed by your client manager in safe place...just in case if he lays you off, then he needs to give you either notice and pay for that period or severence package if he terminates your employement immediately and also all the back wages for the period he did not pay you till today.
Even though if you do not have timesheets from your client manager, he is still required to pay you but to be on safer side I'd recommend you to keep timesheets signed by the client manager and if required notify the Client and the Vendor(if there is one) about your employer, this way he will loose the business of the client/vendor plus if required you can always fax your timesheets to DOL as well to prove that you have been working at the client side and your employer is getting paid by the client for your services.

can you pls reveal the name of your employer?

please Contribute.
Iv Needs Funds

I was also taken aback initially when I read this. The 8 year wait doesnt apply to title 5. Title 5 already is designed to clear the backlog of EB immigration from 6 years to 0/at best minimum since quota is increased and there are exemptions. The 8 year backlog refers to family based.

Thnx agan!!

S/he has to have an unexpired I-94 to stay in the country. It is not about AP or EAD.

Unexpired I-94?

The status of I-485 pending (at least (c)(09)() class, I know) is not controlled by I-94.

If (s)he is on H1B/H4 she needs to have unexpired I-94. If I-485 pending then I-94 is not significant.

However, I suggested to get in touch with USCIS office.

For more understanding of I-94, in case of students it is stamped valid until I20 is valid. Students don't have I-94 expiry date. In similar way I-485 pending person remains in parolee status (parolee has six meanings in USA for immigration purpose including I485 pending), if other status is not there. I-94 does not control status of each and every case.

My friend's I-140 was field in Oct. It was filed at VT, but finally got transferred to TX. I-140 got approved in just 10 business days.
This is a surprise for us.

You require a new H1B stamp in your passport. If you look at your existing H1B stamp - it will have the name of your company (it is not clear from your post if this is Company A or Comapny B). Once you quit the company and leave this country, you need to have new stamp. In your case, you must have H1B stamp from Company C when you enter after you leave the country (unless you are visiting Mexico or Canada - in which case you can use automatic revalidation rule - provided you are out of the country for less than 30 days).

I am not sure what will happen if you try to reenter on a H1B with old company. The POE will have some way to find out in which company u r working.