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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.

Same thing is true for me. For 4+years I was stuck in PBEC. Dates were current all along. Then filed 485 in Feb 07, dates were still current but name check was pending. Now that the NC isn't an issue, the dates are UNAVAILABLE! This whole thing is just screwing with my brain. To add to the mystery they decided to make a "soft" lud on my 140 yesterday. So just keep waiting like idiots ....

What about the thousands who lost 2-4 years because they were stuck in namecheck, now the name check is cleared but the dates will not move..frigging idiots..too little too late

Before giving the blue/green/red dots, think about this. they created a traffic jam and now they are suddenly releasing it. There were about 150-300k stuck in name check, now all of them are waiting for their PD to be current. (i am one of them too). Think how this will affect the overall queue.

why will it retrogate again? we will see forward movement. be +ve and optimistic.:)

Hi

I have a H1B visa valid till Apr 2009(still i can extend 3 more years). I am going to file I-140 and I-485 together on EB2 category. Along with this I am going to apply EAD for me and my wife.

What will be the status of my H1B if my EAD got approved and I-140 is still pending. In case if my I-140 get rejects, will i be out of status or I can continue with same H1B if i don't change company?

Or better to apply EAD for me (not to my wife) after the I-140 approval?

Please help me..

Thanks in advance.

--Raj

Guys,

My wife is on first time H1. She got her H4 converted to H1 in Jan '07. I am applying for 485 and she's secondary applicant on my file.

What are the pros & cons of travelling to India in 3rd week of Aug 07, assuming we will get the reciept by then (EB2) ?

We have planned for H1 stamping back in India while she's on vacation.

here's my thoughts on this; If her h1 gets stamped she doesn't need AP. however if H1 gets rejected for some reason, in that case she can stay back in India until I recieve the AP documents. I send it to her then she can travel back on AP. ??

Any Suggestions or gyan on this !!!

-shree

There is a seasonal temporary visa that you can get if you are in a profession where there is extra demand in some part of the year. For e.g. a friend of mine got this visa initially as she is a CPA so there is more work for them around middle of the year.

My H1 has been denied on Master's quota as I filed for H1 in April and I graduated in May. The reason for denial is that "on notice day, I was not graduate'.

My EAD will be expiring in May 2008 and even If I apply for New H1 in next April, I can not start working till October 2008.

In this bad situation, what are the option I have not to leave the country. Please advise as soon as possible

Yes. We both did get the TB test done (test and X-ray) back in 2007. Even though the TB skin test came out negative, doctor didn't wait the test result and ordered the X-ray anyway.

I did take my wife for another medical today. Didn't need any vaccination but just the TB skin test, and blood test for HIV and RPE. The doctor said that the TB test does expire after a year but I am not sure if that's true. By the way, what do you mean by both TB test (skin test and X-ray)? Is X-ray mandatory?

Thanks to all for sharing their experience and knowledge.

1) Did you both get TB tested? The rules have changed. This is the most common cause for an RFE on medical exam.

2) Is she on any medication? Sometimes this requires a certificate from the prescribing physician. No big deal

Overall, there is probably no cause to worry about this. In fact, this could mean you are close to being approved. Same thing happened to me (see my history in my sig line).

Nice new footer too dan. I likes.....

Gurus / Recent GC Awardees:

Can you clarify if the following Sequence of GC Issuance PRocess is correct, once Approval process is going on .

1) Online LUD on Cases "Card Production Ordered" and subsequent Email.

2) Online LUD Change as "Welcome Notices Sent" and Emails.

3) Receiving the Paper WelcomeNotices (Are these Notices are deemed to be I485 approval notices ?? I have not yet received them)

4) Receiving the Cards.

Then What is "ADIT Processing" ? they mentioned in the Welcome Notices sent email.

Any Info or guidance from Peers is highly appreciated . :)

Thanks,

My 485 approval process is going on. and above Two Steps were done. :) after a wait of 5 years.

Faxed already.

Hey ags, I'm Confused here. Are you sure we can add spouse after the approval of I 485, providing the marriage certificate has a date of prior the approval date?
So if I do AOS on I 485, can spouse do counsular processing?
Is the time line 2 years or 180 days?

So, I was talking to one of the attorneys and he mentioned that one should contest the denial within 30 days and as long as it is approved, we don't have any problem. But, if the MTR is rejected, then all the days that have been accumulated after the denial will be in illegal status.
What is the probability of cases of MTR getting approved after the relevant documents have been published?
For the client letter denial reason, did anybody furnish further documents?
Appreciate your inputs

I was in same situation last year and as suggested by a very good lawyer, instead of filing MTR, me and my company re-applied under premium processing. I got the extension with I-94 within 10 days after I re-applied.
MTR is time cosuming and all the time you will be worried about it. Also if MTR gets denied for any reason then you are putting yourself in big trouble.

I would suggest you to reapply with solid paperwork under premium processing. Don't forget to ask your lawyer to include a cover letter telling USCIS about the earlier denial and why they should reconsider the case based on the attached documents.

That worked for me like a dream and hope it works for you as well.
Good luck friend!

LC approved in 2006, can I still apply for I-140?

No.

lj_rr,

you dont need any special form to make FOIA request to DOL.

"The Department of Labor does not require a special form in order to make a FOIA request. Requests must be in writing, either handwritten or typed. Requests may be submitted by fax, courier services, mail, or to foiarequest@dol.gov. Although, as discussed immediately below, certain information may be required from a requester. "

U.S. Department of Labor -- Freedom of Information Act Guide (http://www.dol.gov/dol/foia/guide6.htm#how)


I wanted both Approval notice and Application(ETA-750), please tell me how to make this request?

Don't count on USCIS to do something to eliminate backlog. They are idiots and inefficient morons.


Please tell us what made yourself to file on NIW category.

You can't write 01/01/1995. In that case your check will be invalidated. Check expires after 180 days. :D :D

But you are correct for RD :)


Umm, what if USCIS takes more than 180 days to encash the checks?

Do we have to re-file the application/re-send the check?:confused:

Thank you for taking the lead on this.... I'll be @ 11:00 am

Thanks Drak. My attorney states otherwise though. He states that I-485 will be denied only after the ultimate denial of the I-140, which he says might take even about a year, and that in the mean time, I-485 will be valid and that she can continue to work on EAD.

P E R P L E X E D !!

Guys,

My visa stamping on my passport expires on end of Sep 2009. I am planning to go to India mid July 2009 and come back mid August 2009. I have H1B-I-797 extension upto August 2011. My I-94 which was issued at the POE and the I-94 at the bottom of the extended I-797 has the same number. From what I know when I leave US I should hand over bothe I-94s(given at POE & one below I-797). From what I heard from friends, IO is suppose to give new I-94 validity date based on the extended I-797 validity date and should not give based on date of expiry of visa stamp on the passport.

@bbct

I think IO did a mistake for you, you could have asked him to give I-94 based on your extended I-797.

@mckottayam

IO did the correct thing for you by giving I-94 validity date based on your extended I797.

Question is, incase IO gives a I-94 based on the visa stamping validity date and not on the validity of I-797 can we ask him to give a I-94 based on the I-797. If he refuses, how can we extend the I-94 validity based on I-797.

Guys:
I know it's a drag...but what the heck..!!!

What do you think..the dates are going to move too..!!!

It doesnt matter whether the clients of the employer are for-profit or not (obviously). The only thing relevant is whether or not the organization for which your wife will work is classified as not-for-profit.


What if the organization qualifies as a "medical" related organization. Dealing Solely with hospitals etc?