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I think its your LC job requirements which governs EB2/EB3. For EB2 classification on your I-140, your job must require 'Masters' or 'Bachelors+5Yrs Experience' on Labor Certification.

If "if you re-enter US before your extension is valid" is not the case then following is my experience.

Once you get the new H1 visa stamped, the old visa is "cancelled without prejudice" by the consulate. The consulate puts a stamp to that effect on your old visa in the passport. I don't see how an IO would consider the old H1 Valid at that point. I have gone through similar scenario once.

You are right, I stand corrected. I was referring to the scenario when trying to re-enter on the current VISA stamp without getting a new VISA stamp and expecting to get an I-94 till the validity of the approved extension.

I am also in the same situation. But not sure about H1 transfer. I posted all the questions to our lawyer and waiting for reply.

Did your attorney replied back?

could someone volunteer on this thread to set up a call and inform everyone?

just checked your PM and replied.

Just wondering how many souls are out there in the country with EB-2 India PD of 2004 and earlier but are not here on IV.

Even with a 1% representation ( assuming that 2004 folks such as us are NOT tired to participate in poll), the total number should be some thing like 8000-9000. 1.5 dependents makes it 20K-25Knumbers.

Also I noticed that a lot of people who voted here has their profile listed as EB-3. Did those guys took the wrong poll or did interfiling?

I feel that OCT EB-2 I & C reversal of DOS was a knee jerk reaction to USCIS's random approvals and we should see a good jump's in next few months.

I have 2 files ( Eb3 -I-old + EB2-I-New) and waiting for interfiling. Many people could be like myself here.

Yes, in my case we wouldn't be using the experience gained with the current employer as I already have the required 1 year experience before joining the employer.

My fear is that DOL/USCIS would come back and say hey you have almost the same requirement for both the positions, why does one require only MS+1 while the other accepts BS+3..

Thanks Hojo.

www.voidix.com and www.spoono.com have good tutorials.

The thing is it is kind of strange that they are working on Sundays to reopen cases.
I hope things work out for good for everyone.

In my wife's case it is just a soft LUD. She is not even using that H1-B anymore.

You didn't mentioned, how you are going to file AOS.
Is it employment based? or family based.?
If employment based, please fill your info.


I swear I've searched everywhere but I can't find anything on the subject. I would appreciate it if someone could give me advice on how to approach AOS.

I am the beneficiary of a LPR, currently on F1 status. My PD is current and I'm ready to file my i-485. The only issue is, I've been self-employed for 2 years. It may sound very bad, but my only source of income has been as follows,

1. Buying/selling stuff online under my business name
2. Contract work/1099's- built website templates for clients

I didn't really work for money, nor did I make much. We're talking <$5K each year. My work can thus be categorized as "hobby", but I'm not sure if that helps at all. Also, I operated via my laptop, and only ever "rarely" because I never had too much time in my hands being a full-time student.

On the face of it, I made some income, but I never lied or have been an employee. I didn't know until recently that even working "for fun" could get me big trouble.

My laywer is skeptical about moving forward with AOS, but I don't have much choice. What do you guys suppose I do? Disclose my work in the forms and take a risk, or don't disclose my work and take a risk?

Thank you.

They can't do that they are asking to make a choice .Per them porting eb3 priority date is not possible. I am not sure what are legal issues involved in porting the priority date. I am asked to make a choice either EB3 04 OR eb2 06.

Hi All,

7 years of stay in the US and 3 green card applications later, I finally got the 485 approval e-mail.....aaahhha......there is light at the end of this long long tunnel after all.

However I did not get any FP notice yet! Do you know if Biometrics is a requirement for issuing the physical green card and also any idea how long it takes to get the card from this point of time.

following is the current status in the online status of my 485:


Post Decision Activity

On October 26, 2010, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.

For approved applications/petitions, post-decision activity may include USCIS sending notification of the approved application/petition to the National Visa Center or the Department of State. For denied applications/petitions, post-decision activity may include the processing of an appeal and/or motions to reopen or reconsider and revocations.

Hi,

I just got approved for H-1B this year and I have some questions. I'm from a small country where they do not easily let their citizens to become citizens of other counties. So unless it's for educational purpose (undergraduate/graduate), they will not renew my passport for me.

My passport expires at the end of this year, and I was wondering if it's possible to obtain the following with an expired passport:

a) H-1B extension
b) PERM
c) green card

If it's not possible to obtain any of them with an expired passport, I must enroll in a graduate school to renew my passport. (Before my passport expires) I really prefer not to do this.

I would really appreciate if you could reply with cases you've seen or experienced in the past.

Thanks in advance.

I don't think you would be able to get through any of the list with the expired passport. If you are applying for it before your passport expires, I think you should be good.

By the way which country you are from?

If it is through your Spouse then do not have to worry? What was period of this of this work? If it is only this year some CPA can do magic

As I mentioned earlier, my case is family-based. I'm in F1 visa status so the 245 provision doesn't apply to me. The period of work is hard to calculate. Since I never actively participated in my own business, I don't recall ever working for more than a few hours each month.

I suppose the question boils down to this: Should I, or shouldn't I disclose my self employment to CIS?

Hey guys,

My MTR was approved almost 3 months ago and my attorney received the MTR approval notice.

The decision was that both mine and my wife's I-485's are reopened.

But its been almost 3 months and online status on USCIS website has not changed yet......

Does anyone noticed the same situtation with their MTR approval and no online status change?

- Prince

http://mexico.usembassy.gov/eng/evisas_third_country.html

I wonder if 3rd country nationals were allowed to apply for a visa in the past in Mexico.

I came into the U.S. 8 years ago on F1 visa, graduated, found a job and got status changed to H-1B. It's odd to see people like me will not be allowed to apply for a H-1B visa in Mexico.

Hi prem_goel, I checked with two lawyers and they both said it is no problem al all to add my wife from F1 to I485 (AOS) when my PD becomes current.
The F1 will provide her legal stay in US and maitain her in status until my PD become current.

There is a lot of info on the internet about this, here is one link that looks relevant

Converting H4 to F1 and then adding to I-485 - Topic Powered by Infopop (http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=1081076091)


About I485 denial, what chances are for this to happen? Does anyone kknow how likely is that your 485 gets denied? I heard is not very likely.

Hi Mods, I am new to the forum so in case I asked this in the wrong section then do pardon me.

I am currently working on L1 visa and had applied for H1 visa for fiscal 2010. I did file the visa via a consultant based in ease coast. Now, i got an email 8 days back from CRIS that there was a RFE against my application.
And finally, earlier today I got another email from my consultant that my visa was denied.

My consultant says that he never received any RFE request from USCIS and all he got was a random rejection PDF from them (he in-fact says that I wasn't the only one ... he got 5 more denials today without getting the RFE)

My question to you folks is :
- Can he be lying and trying to cover-up the fact that he never bothered to respond back (even though the RFE came 2 months back)
- Can this actually happen (that RFE doesn't get delivered at all) ??
- He says he has asked the attorney to appeal further. Would that help. Also, how would I know if this guy has actually appealed or just gave another false assurance.
- Also what are my chances getting a H1B via the appeal route ?

Thanks in advance

Everyone. Calling and worrying about notices and checks is of no use. We are in constant communication with USCIS and they have told us that it will take about 40-60 days to clear the huge backlog for these notices and checks. So everyone needs to be patient. We have tried to explain several times but people keep opening threads or keep asking the same questions on various threads. Today everyone is tracking notices. Tommorrow we will all be tracking EADs and APs. By the time we get our EADs and APs, it will be time to apply for them again next year. So tracking of checks and notices will continue forever and will yield no productive result for our cause. We should be instead worried if the Greencard should come soon and if we dont have to keep applying for EADs and APs every year for the next 5-6 years. Is anyone worried about Namechecks and RFEs? Nobody. Instead of calling USCS we should be calling our lawmakers and ask them to fix the system. We should be working on making this rally successful so that we can all stop worrying about our notices and quickly get our greencards.

We should be worried that if the law does not pass soon, it is not likely to pass for another 2-3 years. And thus use that worry to help out with the rally.

Hope this helps reduce anxiety in everyone.

Please refer this post to anyone who is worried about notices and checks. It is mostly new members that are unaware of the history of the backlogs or the process worry about notices. Others then also start worrying about it seeing everyone worried and panic.

You do not loose your priority date even if the old employer revokes the 140.

As long as there aren't be any provable fraud intentions involved, in the whole GC process with the old employer, the priority date remains with you.

-Morchu

Recommend brining wide on H4 considering you have H1B once she is here you apply for her 485 along with yours.

1- Yes
2- Yes (but the job duties have to be relatively the same)
3- tricky, if your employer revokes your i-140 before you file a change then you lose the date. its tricky waters

Sent you a PM with my email address. Thx

Please PM me and I can give out the details.

THX