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i am not sure if my lawyer has the receipts. my case was sent on 6.29.2007 and received on july 2nd.
i got my FP notice (for my wife also) yesterday in mail for 9/25 appt.
from the receipt number on FP notice i checked it on USCIS website. it says that they received the 485 app on 30 aug. and the LUD on 485 is 9/3.

Please note I joined his company along with the current the project, only for faster GC as he promised. But when I came back from India, It took a month for me to find a project. He didn't do marketing and then I realized the mistake of joining him (I assume he must have been consulting somewhere and just enjoying with my free $$$). And while I was looking for the project he threatened to cancel my H1 if I don't find a project soon. Now I'm not sure of you stay with someone who is ready to cancel your H1 in your bad times?

when I got the project and during the H1 transfer he cancelled my H1, When I called him, to keep himself from me complaining about those 5 months� pay he assured me to keep the I-140 for my H1 survival (Hopefully till I get another I-140).

But now my issue is since he cancelled my I-140 I cannot get my H1 renewed. He should have left it there, I didn't complain about him and fed him.

Now I'm mad since I'm stranded, and if possible complain about him.

I need HELP.

You left your EX-EMPLOYER in May 2008 and also transfered your H1B to NEW Company.

So tell me what is remaining beteween you and your ex-empoyer???
So he cancelled your H1B and also your I-140 later.
Also Why you did not work with ex-employer after getting a project? You knew that your I-140 was pending right?

members wanted..

But at least they will be alerted to a problem. Maybe someone will take notice. Maybe they wont. If not we will figure something else out...my two cents

Hello there

I am student from Tri-valley university. On Jan 20th the college got shut down. I am working on CPT. I came to know about the shut down through my friends, with whom immigration officers met. Although no immigration officers contacted me by any means, my friends suggested me to look for another college and get enrolled as soon as within 30 days. While I tried to enroll in another college, I came to know that still the sevis is not yet released. Until the college releases our sevis, we are unable to enroll in any other college. We are elible to work only if we enroll into the college, get an I-20 and CPT. Now I am worried because until they release our sevis, the admissions in other colleges will meet deadline and what happens if they no more take admissions. Do you have any idea how long can it take for them to release our sevis ? Will it be safe for students like me hereafter to work fulltime on CPT ?

Thank you
Chaitanya

Listen to
IV good reasons for joining IV
I. You don't want be waiting forever
II. You cannot make things happen alone
III. It is easier to work with a great team
IV. IV is a WINNER


.... Or whatever other four reasons you want to write

So if you run this query: select (current date - 26 days) + 180 days from sysibm.sysdummy1
you will get "12/28/2007"

So lets say Jan 1st to be on safe side, so this new year eve we can celebrate our independence from H1b employer. I marked on my calendar Independence day for me and lot of IV friends.

just paid: 22.XX
Receipt ID: 07M99091AL872601P

Mytotal:122.xx

If you are on bench, not getting paid, your employer normally asks you to send him a letter stating that you are on vacation. This needs to be done every month. For the period you are on vacation, there may not be any pay stubs. Once you get any project, you will send your employer another letter saying that you are back and ready to work for them.

With this approach, you WILL NOT get any trouble from USCIS or anyone. If any RFP comes, then, employer will show these documents and clear the issues. I did this in the past and all my friends who were in different stages (like Labor filed, I-140 filed, 485 filed) also did and had no problems.

But as always it is advised that to talk to the lawyer who is working on your case is best suited to answer as that person is to submit the paper work.

If you are "on the bench" the employer is obligated to pay you.
If you state that you are on vacation when in fact your are "on bench", and later misrepresent being on the bench as vacation to USCIS you and your employer either committing fraud or conspiring to commit fraud.

The employer must allow for "on the bench" time in the salary quoted in the LCA that accompanies the I-129 for H1B. If "on the bench" time is not allowed for it probably invalidates the prevailing wage comparison.

If your employer does not allow for 'on the bench' time in the wage rates quoted, then there is a reasonable argument that you are not meeting prevailing wage, and are infact undercutting US wages (and then some of what Lou Dobbs says is right).

If you are a consultant you could drop the quoted salary on LCA (but must remain above prevailing wage) to allow for risk of "on the bench" or any other circumstances. That way there is money to cover any gap. However, that requires more trust in the middle man - employer.

I'm not sure if I've read it right, but it looks to me like you have made a public confession here.

Of course the period between projects is an ideal time for vacation, as there is no project schedule to deal with. So whether the law is being broken I guess depends on what the motivation is for the vacation, something that is hard to prove. If the employer says you are going to tell him that you are on vacation until he finds more work then that sounds illegal. If on the other hand if you say, "how about I take this opportunity for some vacation?", it is okay.

One would hope that USCIS expercise common sense. However, common sense could mean being suspicious of gaps because the system is clearly open to abuse.

Dinosys,
Please do not ask to stop working on I 485 filing.
We have a chance to understand that you are mean and selfish.
Please stop your arguments and creating new threads on this issue.
Try to understand the frustation of the guys who complted I 140 and waiting to file I485.

Here in IV Most of the guys are waiting to file I485 . Maximum guys are contributing from the same group.


Asking for greater job flexibility is the goal that IV can reach within this session of the house itself. This is what it should focus upon. This will mean that within a couple of months EB based GC seekers will start getting offers with better salaries and better benefits.[/QUOTE]

Currently my labor and 1-140 has been approved. But i havent been able to apply for I-485 due to retrogression. Hence if i change my job now and re-apply for labor will i continue to get extentions?


Also can anyone advice me that for a PERM application the pre-application i.e advertisements and stuff takes how long before i can actually apply for the labor. Also in Perm How long does one have to do the pre-application (advertisments etc)?

Can someone please help?

Once you I140 is approved, you lock the PD. Only time you lose it is, if USCIS cancels it for fraud.

Else, layoff or revocation does not matter. You just have to start another new PERM again.

I have Old EB3 Labor and I-140 approved with PD 2003. I changed my employer and ready to file I-140, would like to port the PD from my old I-140. Could you tell me what steps I need to take care so that porting will be done by USCIS. Job Titles do not match, however description and salary are same.
Thanking you in advance.

You need to have 2 (or more) approved I-140s for Priority Date transfer.

Job Title, Description and Salary do NOT matter.

Please check and verify details with your attorney/lawyer. This is NOT a legal advice.
-------------------------------------
Permanent Resident since May 2002

Congrats! Enjoy the freedom.

i'm not going anywhere and would like to contribute in what ever way possible to address our cause.

i took infopass and went to local immigration officer and he said i should go to
him after july 1st and he said he can find out where my file is??
i dont know is this possible but i am going to try.

I have my EAD for a rainy day.

In some cases where transfers from one center to another affected the RD, the concept is gray. if you are a risk taker you can try to swing it, but I do not recommend it. Check the RD on your 485 receipt. If it is 180 days from that date you are fine.

The only problem that can come by moving earlier is your employer may revoke your 140. There is no reason for them to do it, except out of spite (earlier they had the advantage of reusing the labor for someone else). If your relations with your employer will be smooth even after you move on, then that risk is alleviated.

Also remember that your 140 should be approved before you invoke AC21 to avoid potential problems from that area.

Thanks again for your reply KaiserSose

FYI, I sent my app to NSC and got a receipt from them. Then it got transferred to TSC which sent me a notice after 2 months. I do have the correct date on my receipt from NSC though and will wait for 180 days to finish based on this receipt date. I hope that eliminates all the risk, right?

As far as I140 goes, its already approved. :)

I am guessing there are no issues with me moving to AC21, correct?

:confused:
We need much more info to help out.

1. What is immigration status currently? She can file for a I-485 if her labor has been approved. If she is on H4, then there is nothing she can do.

2. Is she a dependent on her husbands I-485? If so, then she dosen't need to file 1-485 again, she can get her EAD.

..............?


Hi all,
One of my friend is separated (not divorced) from her husband.
can she file 485 by herself. Does she needs anything latest doc from her husband. She does have all the copies of his documents.
She is thinking she can work if she gets EAD. She does not have anybody here are back home except her mom. Please suggest a solution

Love the idea. I will follow.

No way this amnesty would pass. This will end up in the ash heap of unpassed bills.

Yes but there is a section that says that you have to prove that you are admissible as an immigrant (I would like to think that means that you are not an illegal alien!) read here:

`(1) IN GENERAL- The alien shall establish that the alien is admissible to the United States as immigrant, except as otherwise provided in paragraph

But who knows!

Anyway, it's positive that at least there is some "buzz" in the air

I hope that Janet Napolitano and team will want to show quick fixes in order to differentiate themselves from the terrible Bush administration. Fixing legal immigration is relatively low-hanging fruit and way less controversial than Illegal imm. Thoughts? I am full of hope

Hello All,

Sorry for the post outside immigration boundaries.

My wife with 2 toddler kids will be traveling to India via Lufthansa.

I wanted to know from recent experiences how many check-in bags are allowed per person. My kids are 4 yrs old and they have a full ticket.

I know that some airlines only allow 1 checking per person, but wanted to know about Lufthansa specifically.

I could not find a clear answer on Lufthansa.com for baggage allowance to either India or Asia.

Thanks in advance for all your help.

If you invest more than 1 million(like bechams hollywood hills home) in US you are eligible to apply for a greencard
You're a bit confused. To get investor's visa, you need to invest either in certain underdeveloped areas (half a million will be sufficient), or you need to create a certain number of jobs with your investment/business. I wonder, however, if one would qualify by buying an expensive house and providing jobs for 10+ people maintaining your house on a full-time basis. :)