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This is going to bump up the no of letters...

I though such contracts are illegal in US?....It is employment at will.....that means they can kick you out anytime or you can leave anytime....maybe someone can clarify

friends,

We are in a process of divorce . Last year I filed employment based 485 with my wife as depended. Now we both have EAD and she is working under EAD. If we divorce while 485 is pending who go out of status? Me or my wife? Is both 485 will be canceled? Or both are safe. If I marry again is it possible to bring my new wife under my filed 485 petition?

Thanks for your help.
balan
I485 Filed on July 2, 2007.

Though it is not of my concern - I see that you want to file a divorce with your current spouse and then remarry another person - while I don't know your personal specific situation - I would suggest that you must try and work it out with your current spouse

I see a lot of divorce cases these days among the immigrant community and when we look into it further - many cases divorces could have been avoided if spouses were more accomodating.

Once again - I have written this with a good intent. Please do niot shoot me down. Admins can delete my post if needed.

Hello All,

I was reading at some of the posts in this forum and they seem to have been quiet helpful.

My company has decided to go ahead with my GC process.
Its in the very early stage, but my immigration specialist gave me a heads up regarding something.

She said, that as I have a 3 yrs BE degree the USCIS may not recognize me under EB2 category :confused: So I explained her the education system in India, but she said that it depends upon the Credential Evaluation Agency which will process my educational qualification and prepare a report and submit it to USCIS.
Following this USCIS will make a decision whether to grant EB2 or EB3 category.

I am sure many of the members may have faced a similar Dilemma....Is there any specific solution to this?

To be precise I completed my Diploma from Mumbai & Degree from Pune University, followed by MS in US and currently working on H1B.

Please Advice.

Thanks,
Shakti

It is not 3 years degree. All UK degrees are three years degrees and USCIS accepts the degree as equivalent. Important thing 16 years of education to attain the degree. Ask your evaluator to stress on the point that the your Bachelors was awarded after 16 years of education.

Who gave you a red dot for the very first post here?


His employer..

I filed 485 with G28 form and I just got the receipt yesterday.

Details:
I485 - Myselft & Wife filed on July 2nd 7:55 am NSC
Received receipts for both yesterday August 3rd.

Sit tight and relax, everyone will get theirs.

I thought your lawyer is supposed to get the receipts if you had filled G-28.

If possible, try to get hospital record of live birth. Though it is not birth certificate, it may be used as secondary evidence.

well i m trying to get the bc of my wife and i m afraid that the date of "registration of birth" will be of this year as she is getting her bc this year only. so in order to back it up i m getting the affedevits from her parents. thats y i asked that will it b OK if i get the affedevits from ABC city where her parents reside currentlty or do i have to get the affedevit from the city where she was born.

pls. note no matter from where we make the affedevits it will say that she was born in xyz city.

i m not sure does it mke any diffrence if we get the affedevits from abc city.
there is no other record available which i can produce.

pls help!!!!

Lets signup for our Freedom...its FREE!

If there is going to be any more discussion on if IV should push for 485 or not push, moderators will close the threads. There has been enough discussion and arguements in the past over this and members are more than willing to give hundreds of ideas and opinions for free but only a few actually care to implement them or help IV with a mere $20. If you want to discuss it, go to other forums and discuss it and be an armchair strategist.

If you have ideas and want to implement them, join your local chapter and get active. Contribute in the funding drive so that IV can continue to be a platform for everyone in ths struggle.

Hi Gurus,

I came to U.S in May 2006. The company for which currently I am working (Company A) filed my labor (EB2) in October 2009. The labor got approved in May 2010.
My Visa is expiring in March 2011.

Now the attorney has asked me for the documents to proceed with I140.Hopefully my I140 will be filed in couple weeks.

Now my question is that, I am planning to change my job (to employer B) in September 2010.

Please help with your valuable answers for the following questions:-



1. How long does it take to get the i140 approved?
(Regular/Premium)

It is typically taking 1 to 3 months with Regular, but there are cases stuck for much longer too. (Refer to .com for a general idea). With Premium it should be within 30-45 days.

2. What will happen to the PD if employer A withdraws or revokes my I140 approval after I join company B? Can I still carry over my PD?

You lose your PD if employer A revokes the I-140 approval. Note that this revocation is not common and is generally seen in fraud cases.

3. At this point of time how long will I get the new Visa extension when I do the H1B Transfer from employer B?

Premium processing would take less than 30 days. To be safe move after employer B receives the approval.

4. What are the documents I need from employer A if I have to carry forward my PD to the employer B's Green Card process?

You need a copy of the I-140 approval notice and a copy of your PERM labor filing. Any other documents would be a plus because they would help the employer B's attorneys to prepare similar applications.

5. Does the new job need to be the same title and job requirements as the old one?

For porting PD, the answer is no. In fact new job can be EB2 while the old one was EB3.

Finally the dates for I-140 have moved beyond the 8/15/2007 for Texas service center. That is a good sign. We should see some I-140 approvals soon then.

I hope you meant people who filed for GC. I do not think IV has much in terms of goals to alleviate the issue with H-1

I asked 6 other H1B ppl today to register to this site.

hello, any inputs

Hi All,

I am an aspiring US immigrant, and currently work with a desi-like employer who has not been paying me for last 3 months. I have resigned and started working at a new employer, using portability options. I will also contact DOL and report this to get my money back, however, DOL may not be able to recover it if the employer files for bankruptcy. I donot care much about money now, as its not too much and my new job increment covers it.

Here are my questions

1) Is there a way i can report this misdoing to USCIS directly. Is there any phone number/contact info to report frauds on I-140s and I-485s as he is holding some employees hostage (not allowing them to move out because of this situation where your money is stuck and so is your immigration).

2) What else should i do to make this injustice visible? I will work with DOl and get my money back.

3) I am thinking of reporting this directly to the I-140 processing centers. Is this is a good idea?


PK

My guess would be to report it with Labor Department instead...

I am also one of those, who received the EAD while the online case status reads as "Case Received and Pending"

Even i got a letter. I dont remember her/his name. I thought everybody will get this letter.
Let me know if others got it.

I sent an email letter ( format and content from AILA (guess)) to him/her

I will let you know the details of the letter later

My friend's I-485 application was sent to NSC on 26th July. No RN as yet...

I just read the instructions on initial evidence on the I-485. Nowhere does it ask you for passport details - only for page with nonimmigrant visa, if obtained in the last one year.

Why are people asking questions about passport validity? What am I missing here - please enlighten.

Thank you.

Ams

Passport should be valid for more than 6 months for applying I 485.
If somebody can answer that would begreat

This is not a good advice...USCIS may have the file as active, and may approve EAD...If and when USCIS starts working on the application and issues RFE, etc., ...they may decide that the application was abandoned. If the poster worked on the EAD based on the abandoned GC application, then it is likely that USCIS will consider her to be out-of-status from the time she had no basis for EAD, which may mean a long illegal presence, triggering 10 years or permanent ban, etc.

Thanks Saikat, for pointing out some potential pitfalls.
I am sure USCIS has its own checks and balances to determine the validity of an application, and whether it is abandoned. But I do not believe in being proactive and raising flags to jeopardize what may be totally legit.

One more thing that slipped my mind is you can always check online status to see if your application is active or rejected. :)

Here are a few tidbits of law (information) I am aware of. I am not a lawyer so please seek help or search online for the validity of my statements :

1. During AOS (adjustment of Status, I485 pending) you do not accrue Illegal presence period. However, if you were on a Non Immigrant visa and that has expired you will be in illegal status until you went out and came back using AP - but that is usually OK. Unless there is an unrelated issue that flags your case you are safe. But mind you - still no Illegal presence is accrued. This is the law.

2. While on AOS it is OK to go out of the country for short periods of time (I don't think this is very well defined hence a gray area). In case you do not have any other non immigrant visa you need to have applied for AP before leaving the country otherwise you are considered to have abandoned your I485 application.
Example: My boss from one of my previous companies was on AOS was working from B'lore in the same company for more than or close to a year. He came back on his L1A visa. He had a long talk with Immigration and explained that our company had sent him abroad for all this while, which was true. He came back in, within a few months got his GC this tells me that his I485 was not considered to be abandoned. Well it is a different story that he did not stay after that as being a truly global manager, he was sent to France and then to India within 6 months.

HTH

You can get an emergency appointment if you are returning H1b worker.

If it is certain that he/she is not eligible for EB2, why should apply in EB2 and get denied. It is better to apply in EB3 to get it approved. The best option is apply in EB3 now. After few years (once he got 5 year exp), apply new LC and 140 with EB2 and transfer the PD. That will be the wise decision. In the current situation, it is funny to talk about EB2 and EB3 for a persion with PD 2007, particularly Indian orgin.

I agree with Ramba here. Go with EB3 now and get the I-140 approval so you can lock in the PD. After a few years can apply again in EB2 (through this, or some other employer) and port the PD over. Best of both worlds.