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thanks for the reply but I agree my h1 stamp is expired but h1 is valid till 2009

You can use your h1b to work after returning to US on AP.

oh yeah! it is legal i know that... however, i consulted lawyers on this and they were of the opinion that it is best to have a straight case where you are working for a large us corp. essentially, uscis can question if the company has enough work to sustain employing a person on a "permanent basis". that "permanent basis" appears to be one of the criteria for approval of labor/perm, I140 etc... thats why my query to you. it seems ability to pay can also be a question, however, that is not supposed to be brought up during adjudication of 485... so you are safe there...

so, this is real cool... thanks for sharing your info...

My I140 is applied by another company and 140 already approved. So i think ability to pay question only comes during 140. So after I140 approved i think it is safe to go in this route.

I initially volunteered to steer the Arizona chapter but my job schedule has changed so much and now involves a lot of in-country and overseas traveling. Would someone please lead this chapter? I will attend any of the chapter activities whenever I am in the country.

U are a very dedicated IV member. Do stay active as much as possible.

Someone, please help fromnaija build this chapter.

Did you do medical or not?

This is totaly wrong. In fact if at a later stage this is found out (as it will) he/she can lose GC as well on grounds of perjury(false declaration).

That is right. That is the reason get married in US. Even then they can question the intent.

1. Did you find have any issues when getting 485 approved.
---- Here most are with GC app pending. AC21 is being used by many only in the last two months.
2. Did you file AC21.
Yes
3. Does the job responsibility has to meet 100% word by word.
Not necessary
4. Has any one you applied for EAD extension on your own.
I did not apply for extension. But when my time comes I will do it on my own.
Lawyer cost is $300 per applicant per document (EAD and AP treated separately by lawyer and charged separately by lawyer.
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.
No RFE yet. I am not sure why they will ask question if you had worked for GC company > 180 days.

Thanks for your input, If other who have done it earlier and gotten their 485 approved please advise...

Did you last stamped in Tijuana? Because Rule is just changed.
NEW RULE:

Visa Stamping from Canada/Mexico - Read and post experiences : Page 0 (http://www..com/experience/readentries.do?category=22)
You can have H1B stamping in Tijuana, only if you had last stamped in Tijuana.

Here is the OFFICIAL link from US Consulate at Tijuana

Visa Services (http://tijuana.usconsulate.gov/niv.html)


Who Can Apply in Mexico

TCN Applicants residing in the United States, seeking to renew their visa in any category except B1/2 (tourist/business), if the current visa was issued in the applicant's country of nationality, former residence, or in Mexico. A spouse or dependent children may apply with the principal visa holder if the principal meets the criteria above. A renewal is a case where an applicant for the same type of visa is made and does not include persons who seek to change from one visa category to another or who are seeking any other type of �change of status� even if that change has been authorized by the Department of Homeland Security.

InterFiling Help please gurus...

guys...

don't be pessimists...this baloon has been blown a lot bigger than what it really is. there have been some crazy estimates that the number of application that would reach USCIS are anywhere from 100k to 700K or something...its a joke! the lawyer's websites would state anything to make you cringe at this whole process...

Remember this: nobody is going to give you a warm and fuzzy feeling about the dream of getting a green card in short duration...you just have to learn to be pleased by what has been accomplished this month and hope to expect similar good things happening along the way in the future. just keep on doing action items from IV, continue contributing and expect that they will decide to use the last few years' ROW visa to clear the backlog...Cheers!

please

Hi Guys..

If any body in Toronto wanna stay connected to exchange updates / views / thoughts ... update your info here ..

https://spreadsheets.google.com/ccc?key=0At_-QiCf2s65dG13S1VvYTRGaXcwUXMzbTR4UTV4MXc&hl=en&authkey=CNzNssgD

~BBabu

Thanks to all who responded so far !!

I saw the denial letter and here is the gist of it from what I understood :

Got an RFE asking for client letter (since when my case was filed in Jan 2010, I was working for the client). From then onward I am off and on with the same client depending on their schedules / needs.

So when we got the RFE, I was not working for the client. My attorney replied to the RFE stating that I completed my project before time and now internally working on product development (which we do ) and produced the time sheets and everything for the internal project as well as for the client till the date of completion.

My case got denied reasons pertaining that USCIS asked for client letter, but you (petetioner) submitted papers that he is not working for the client anymore and now working for an internal project. OK. But where is the client letter that we asked for ? Since you didn't produce that, we are denying the case.

So even if you get GC out of turn, I believe the correct thing to do is to return it. Or it can be more problems.


Here's the link on that topic:
http://immigrationvoice.org/forum/forum105-immigrant-visa/659959-gc-received-in-error.html


You know these reporting back, reistating the status, etc takes lots of effort, money and time. I hate this kind of things. Why the hell we should pay for somebody's mistake?

On a side note:
If someone returns this kind of mistake-GC, then what will happen to the visa number? Will it get reclaimed and reused or go wasted?

give the guy some credit. He might have taken the risk by jumping in the PERM bandwagon early while many like me took safe approach by filing traditional LC:mad:

One of my buddies got his GC approved yesterday and his Priority Date is June 2005, EB2 India. I am here waiting since 2004 March to file for my I485. There are no methods to USCIS Madness.

Applied on July18th NSC , got the receipts, but no update on AP or EAD, No LUD's too ..

IV gurus Please help.

My friend joined an X company short time ago. He was about to file GC with that company. The company laid of people in the last week.
Now they are saying to my friend that they cannot file for his labor as they have laid of people and they have to wait 6 months before filing.

Is it true if a company laid of people it should wait 6 month before it files for labor again?
Is there a way to avoid the waiting period.

My friend is in 5 th year of his H1B

Thanks

Thank you for reply.

Can I request to port 2003 PD at the time of filing 2nd I-140

or

Should I first get 2nd I-140 approved with new 2007 PD and then try to port old 2003 PD while filing for I-485.

Job description, salary does not matter in porting PD. Is there any possible reason CIS may not port the PD though old I-140 is not revoked by employer.

I appreciate your input.

Thanks

Guys,
you all re jumping to conclusions based on opinions, have you forgoteen what OBAMA had been saying about immigration?

1. Address legal immigration first
2. Illegals will have to stand behind the ones who came in this country legally.


Do you really think, that they will totoaly ignore legal immigrants and work on illegal. Obama has been talking about this process since his days of presidentail campaign,

We all need to have faith and work towards making IV and its goal attainable.

Im still stuck neck deep in the PBEC quagmire.
for PBEC - What numbers are you guys calling ?

GA RIR
PD - Oct 2003
NOF - received March,
NOF - PBEC received April 2
still IN PROCESS


My HR called DBEC to get the final status of LC. They replied that "notice of forward" had been issued and since there is no query from that position. They have asked my Hr to call in 15 days to hear the final status.

Have you guys heard anything like "notice of forward"( it was something like this)...

These LC people in dallas are killing me..!


DB

" FOR the period you are outside the US" it doesnt have to be and doesnt need to be the same company ...heck you can probably go to timbuktu and work there for timbuktu Inc for all US cares ... your H1B visa will still be valid (provided you still have employment with ABC USA) and you can still enter on the visa along with a supporting job letter from ABC USA. you can still go to the offices of ABC USA and work there (provided they pay the prevailing wage for the time that you work in US, else they might open themselves to litigation (from your side for backwages) ).... ABC USA doesnt have to keep paying you in US dollars if you are not working for them in US, it will be like taking an un-paid leave of absense on an extended vacation to Canada.

The thing is that after you get the green card, you will need to come back to US and work in the same job and location as stated in the Labor Certification, atleast for about 6 months ( to avoid problems with citizenship application in the future) and then you can go to any other US employer of your choice

Well thats the quiestion does USCIS consider Company ABC USA and ABC Canada as the same company ??? Remember I will be paid in Canada on Canadian payroll.

Yes and no. Yes it is mandatory by definition. No because there are ways around. You could go join a school to get higher education. You could ask Y to terminate your employment.

Better still. AFter your GC is approved, get a letter from Y that "unfortunately the position is no longer available. You are most welcome to try for jobs in other areas". Then submit your resume and go for an interview or two, if called. Keep all records, emails. Then you are completely off the hook!!!

It is mandatory by law. Both side have to have a bona fide intention (for company - to hire, for employee - to work for) for EB GC. Employer proves its intent by filing I-140. Employee proves his/her intent by joining the employer. Each situation is unique, but in OP's situation, there is no bona fide intent to work for company Y. Therefore, it will be a fradulent GC which can be revoked. How OP is going to prove that he was going to join Y after GC is approved? AC21 allows for porting, but porting to company X will look fishy as well. If OP can get a letter from Y that position is no longer available, it may help. This being said, there is a possibility to get a GC without any issues.