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Mr Haider

Please give the entire facts of the case before asking for advise.
1. You said your I-140 is cleared, that means u might be working currently or did they apply as future employee
2. What does your master's have to do with your EB3 application? if you already filed in Eb3 and your date is current there is no point in waiting for completion of the masters and then filing in EB2. Either the attorney is drunk or you are not giving the entire information.

Please give all relevant info and hopefully somebody can guide you. If you feel your attorney is messing you up, you can file for your 485 by yourself if you company agrees.

either way we need more details to help you dude

- cheers
kris

i just found out after talking to USCIS that I have to wait till my PD is current which is probably going to be in another 10 years...:(

Based on my recent experience - H1 B 1 year extension, not 3 years, was based on the approval date, not receipt date of the application. :o

However, to be safe, I guess after Aug 17th is a pretty good bet

desi485, thanks for the tip.
I found this link which mentions that one can apply for a new visa before expiry of current one:
http://www.usembassy-mexico.gov/eng/evisas_faqs.html#11

But it is for US embassy in Mexico, and there is no mention if there is minimum time before expiration date. Will it apply for US embassy in Delhi too?

Is not weired funny dicriminatvie while 2003/2004 already gor GC while April2001 are waiting for approval.
You do not think there should be once a year declaration for clared date upto so n so not a single file is pending.
Why April2001 has to wait for 8(eight!) years

Hi all,

This forum is full of smart people. So I want to throw my situation out there to get some advice from all of you. I am into 7th year of my H1 with by labor with PD of Sep 2002. At the rate things are moving, I am running out of patience here.

Things took an interesting turn last week, when a mid sized Software co. is willing to outsource me some of their work. Given the size of the opportunity, I will need to go to India to setup a team of 5 to 6 ppl. The co. is pretty eager and willing to offer some of the finanical guarantees I have asked for.

So my question is, should I take this opportunity and say good bye to GC? Or I should be patient as there may be a need to be in US to grow my outsourcing biz, in case it jump starts well. What would you do if you were presented this opportunity and you had the enterpreurial spirits to pull it off.

I would be eager to see what people say here.


You really do not have to say good bye to GC. If your labor has been cleared, you can apply I-140 Premium processing with your present company. Apply perm and I-140 with this new mid sized company. Transfer PD to new I-140 with new company. Go to India to start your company have them outsource to you. GC is for future anyways, work on your new enterprise in India for 1-2-3 years untill your pd becomes current (whenever that happens). At that point you have an option to file I-485. You can still continue in India, with an option to returning or decide at that point if you want to stay in the USA for 2-3 months every-year to maintain GC for 5 years to become US Citizen.

Approved Labor/Pending labor for more than 365 days or 140 approval is required for extension beyond 6 years. I don't think it can be done based on pending 485 applications (for dependent) only.

Hi-

My H1-B expires in August 2011. My I-94 was stamped only until May 20, 2011 because my passport was expiring early. Now I have a new passport.

In March 2011, I also applied for a renewal of my Advance Parole(AP) and EAD and they are still pending approval.

I am planning on travelling to Canada next week by road(through Detroit) to get my I-94 renewed. So If I travel to Canada, will my AP application be considered abandoned?

Also, can I just cross into Canada by road, wait for a couple of hours and come back into the US to get a new I-94. I know usually you don't surrender your I-94 when visiting Canada for less of 30 days.

I am hoping I would be able tell the Canadian/US immigration officer that I need a new I-94 and hopefully surrender my older I-94 and get a new one when coming back in. Please let me know if thats not possible and I need to fly to Canada to get a new I-94.

Thanks

My I-94 is expiring in a month. I have used Advance parole to enter US after a vacation about a year back. How do I renew my I-94 card? Does anybody know...

I had the same issue when I travelled last year. My lawyer said we do not have to renew since AOS pending essentially allows you to stay till adjudication of the case is complete. He did however ask me to renew the EAD and AP.
Just to clarify I have not used my EAD. Still on H1B.

This processing dates is just an act or rather a scam. USCIS and DOS will do what they like. I personally know a lot of people who applied there 485 a month after I did during July 2007 and whose priority date was 6 to 7 months behind me and they got there green card in August 2008 and I did not, I am sure a lot of you are in the same position. Whats the point in looking at these processing dates when there is no order or proper manner in which USCIS processes them, it is worse than a fish market. If we are lucky the monthly bulletin dates might move again (I doubt it), even if it moves you just dont know how far it might move, it might be 1 month or even to 2007. USCIS will then issue GC to 2007 and make a fool of 2004 and 2005 folks. I guess we have no choice but to bear this brutality. I for one have stopped looking at processing dates and even monthly bulletin. On top of it we have Obama\Durbin in control of washington, not sure what sort of nightmarish "immigration reform" they are cooking. I am at a low point, for the first time I am fearing I might have to leave US (or might be kicked out of US by Obama \Durbin "Immigration reform") after comming here and staying legally for 10 years and obeying all the laws.

Hi pitha, i understand your frustration but one thing in which the processing dates helps is like in my case, if my h1b extension is pending for 60 days i can call them only if their processing dates says less than 2 months, otherwise these guys wont even answer the call saying call back after checking processing dates.

gimme_GC2006,

I used my AP twice via JFK. Both times sent to secondary. No questions asked, just had to wait an extra 90 minutes due to people in front of me and was given my passport with the I94 back.

so nothing to fear.
what was secondary interview like?

Hello Everyone,

It is time that we need to unite as one�no EB1 or EB2 or EB3. This is our last real chance in a long time to come to address our BIGGEST issue. The Full House Judiciary Committee will do a Mark-Up of EB Visa Recapture Bill and Nursing Relief Bill on 09/10/2008 10:15 a.m. We need to call ALL these members listed below and ask them to support. Please write in your responses with how many reps you have been able to call. We need to keep this thread on top. The information provided below has been taken from the Administrators post about the HR5882.
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BACKGROUND & TALKING POINTS
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HR5882 was sponsored by Congresswoman Lofgren and Congressman Sensenbrenner. This bill recaptures all the unused visa numbers that have been lost since 1992 due to processing delays in Employment based category and Family category. This bill has PASSED the Sub Committee and is in its next phase. After it passes here it will to the full house
Please use the instructions provided below to make the phone calls.

(1) Call the congressman/woman office and request to speak with the aide who handles Legislative and Immigration matters

2) If they are not available leave a VM for them -

"I would like Representative "Representative Name" to support HR 5882, bill to recapture the green cards lost due to processing and bureaucratic delays. As you may already know that this is a bi-partisan bill with wide bipartisan support in the house and will help improve American competitiveness & reduce the back logs associated with USCIS. This bill is non controversial measures that will help US to stay competitive with a highly educated and skilled work force and address family based backlogs also.

To All congress-critters:
In a nutshell, this bill allows USCIS to manage their workflow more effectively, which provides better customer service, and will eventually lead to better turn-around times.

To Democrats: More people will be able to get their citizenship in reasonable times.

To Republicans: Companies will be able to attract more talent which improves economic performance."

(3) As usual Do NOT get into the CIR issue or illegal Immigration. If the aide is confusing with CIR or illegal immigration, just tell them that these are legal immigration bills.

(4) If the aide asks whether you belong to the district or not, tell them NO if you don't. Mention to them that you already spoke with your representative and would like the congressman/congresswoman
support.

The list of key representatives along with their contact information is provided in this post.

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If asked please say that you are a member of Immigration Voice.

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If the staffer ask - "did you call the representative in your area", say that -

"Yes I did. Congressman/Congresswoman is a prominent member of House Judiciary committee which makes him a national figure of great importance. Congressman's decision and support is very important for people inside and outside of your district and as such I urge you and the Congressman to support HR5882."

Democrats

Zoe Lofgren, California (202) 225-3072
Sheila Jackson-Lee, Texas (202) 225-3816
Maxine Waters, California (202) 225-2201
Bill Delahunt, Massachusetts (202)-225-3111
Robert Wexler, Florida (202) 225-3001
Linda T. S�nchez, California (202) 225-6676
Steve Cohen, Tennessee (202) 225-3265
Hank Johnson, Georgia (202) 225-1605
Betty Sutton, Ohio (202) 225-3401
Luis Gutierrez, Illinois (202) 225-8203
Brad Sherman, California (202) 225-5911
Anthony D. Weiner, New York (202) 225-6616
Adam B. Schiff, California (202) 225-4176
Artur Davis, Alabama (202) 225-2665
Debbie Wasserman Schultz, FL (202) 225-7931
Keith Ellison, Minnesota (202) 225-4755
Tammy Baldwin, Wisconsin (202) 225-2906

Republicans

Lamar S. Smith, Texas (202) 225-4236
Jim Sensenbrenner, Wisconsin (202) 225-5101
Howard Coble, North Carolina (202) 225-3065
Elton Gallegly, California (202) 225-5811
Bob Goodlatte, Virginia (202) 225-5431
Steve Chabot, Ohio (202) 225-2216
Dan Lungren, California (202) 225-5716
Chris Cannon, Utah (202) 225-7751
Ric Keller, Florida (202) 225-2176
Darrell Issa, California (202) 225-3906
Mike Pence, Indiana (202) 225-3021
Randy Forbes, Virginia (202) 225-6365
Steve King, Iowa DO NOT CONTACT
Tom Feeney, Florida (202) 225-2706
Trent Franks, Arizona (202) 225-4576
Louie Gohmert, Texas (202) 225-3035
Jim Jordan, Ohio (202) 225-2676

New OPT rule says that you should not be unemployed for more than 90 days on OPT. Since you are on OPT, you are not out of status. You need to find a new job ASAP.

If your H1 was approved, do you have the receipt number? Since its already counted against the cap, and if your employer does not cancel it, then you can technically transfer it to another employer. Talk to your employer about this.
You will need approved petition or receipt number to transfer H1.

As such you do not need H1 due to new rule on OPT, however; you need to check if the H1 was applied for change of status? If it is a change of status application, you need to probably inform USCIS that you will not be changing status to H1.

Hi,

U can save the pdf files as u save ur word docs or floppy symbol to the left side on the top bar as u know .But cannot edit the pdf files unless and until u have pdf writer in ur system.

Hope this helps u,
vaishu

I guess original poster is asking about saving forms after filling it up. You can save the form but the data that you filled up will not be saved. If someone is actually able to save the form along with the data, I'll be interested too to know how.

Pd 5/2006 ; Eb2-I; I-140 Approved NSC

Thats a little strange, as employers now a days are suggesting to use EAD instead
of H1's as the extentions itself has problems. And based on what i know its
ok to be on EAD instead of h1. Either way there is not much difference.

It is not strange from employer perspective. That way they will not be subjected to auditing from DOL. And they can show less number of H1B employees. Some people also gets advantages of non- H1B dependent employer.

i know FRA is abig airport hwoever I think 2 hrs is fine..

Your wife's status should not be an issue if you are on H1, whether with your current employer or new employer. Do not use EAD until your wife has filed for 485 or is on her independent visa like H1, L1, F1, etc.

Yes, you can Travel as long as the H1 Visa Stamping in Un-Expired,

My scneario was i worked for employer A,
Had H1 visa stamping Upto Oct 2006.
Changed employer and H1B transfer with Extension.
Traveled to India returned, While returning Showed the New 797 to the Officer and Got the I-94 for the new date. No problem.
Please carry just in case your new employer employement verification letter and latest paystub. Most of the time it is not necessary but just in case.

My company ( biggie US firm) filed 140 and 485 on a substituted LC on July 2.

Now my own LC which was pending in BEC (and which has better PD) is approved. Can I file 140 on this? Since substitution is risky, I want to use this 140 for my 485 (over the substituted one) ? How do I do that?

Do I need physical copy of my approved LC to file 140?

Replies will be greatly appreciated
I would file a separate I-485 and I-140 for this other LC. Experts, what say?

Bump

Does a dentist qualify under STEM.Please advice.