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First thing you need to do is setup a 30 min - 1 hour appointment with an experienced Attorney (Khanna/ Murthy/ Ron) You can have a telephonic discussion. Do not think about money and go for the best.

During discussion bring up the topic of new employment (C) as well .

If you have the format from your current company attorney , show it to them .

It might be simpler then you are thinking.

i just lost my job and had an approved LC with that company. i have been extending my h1 for the past 3 years now. my i 140 was withdrawn when it was first applied as the company did not give all the information when my lawyer was preparing it the second time the company gave a lot of wrong information. my current h1 expirs in dec
what options do i have ?

Very sorry to hear about the job loss. I believe USCIS gives about 60 days for H-1B applicants. Please try hard to get another job within this time and apply for H-1B to stay with correct status. Without approved I-140, your earlier LC can not be used for porting old priority date.

I filed I 140 and I485 and 180 days completed. I got an RFE on I 140 for Ability to Pay.

I have another I140 already approved with earlier PD.

Can I interfile when there is an RFE on I 140?

Well, are you sure I would need to work for this "future employer" for 6 months?

AC21 does not have a limit on the number of times you switch employers. Technically, if you were working for Employer A at the time of the RFE and submit a EVL from Employer A, you could then switch to Employer B immediately on AC21. In this scenario, I haven't worked with A for 6 months.

Is this scenario different because A is not a future employer?

With LC, I-140 and I-485 process, intentions of employee/employer relationship are expected to be bonafide, otherwise it would be fraud. Although a lot of people mention here, and some attorneys suggest, to work for 6 months for the sponsoring employer, there doesn't appear to be any law on that. Circumstances can change any time (AC21 supports that). Therefore, six month, or whatever period you may want to fix, is merely to strength the case that the sponsorship was bonafide. AC21 guidelines are quite lenient in that matter.

Bottomline is whatever happened, or you can provide, to support that there was no fraudulent intent, you are fine. If situation is not clear, and someone decides to contend, courts may come into picture.

Some people mention that six-month working could haunt you at citizenship time, but I doubt that. USCIS have a lot of other things to look at. If you have been a good citizen until then you should be fine.

Thanks all for your help and great inputs. IV has helped me a lot.

I wish you all the best ...

TKs, GG

I would like to discuss two issues

1) Is there a reasonable chance for Democrats to take control of the House after Nov elections.

2) What would that mean for skilled legal Immigrant community (aka will my GC come faster :))

It looks like Americans are fed up with the war in Iraq and other issues. Especially here in TX there is one seat definitely going to Democrats ( Tom Delay's seat). Would a Democrat majority make passing SKIL a slam dunk ?

You are talking about this company.?

Telecall - Company Profile on LinkedIn (http://www.linkedin.com/companies/telecall)

web address.
http://www.telecallnet.com/
The access number is shown below by http://www.switchboard.com
(631) 763-1059
Type: Land Line
Location: Cold Spring Harbor, NY


looks like the website is created in July end. Contact address from FL. It seems to be associated wit telecall (a company, I don't know much..google). I found this by checking whois domain lookup...for this free india call thingy...just an fyi.....don't know how safe?

You are correct Chandu !.
My manager suggested me to read this book. Actually he refered this book for one of the middle eastern issues.
Even though the company is not fully satisfied with Outsource team performance, still they want to stick to it some time beacuse of low budget and cutdown time. Outsourced company has offered 24x7 development which will attract most US companies.
I think time will come soon that we are going to have GreencardVoice.org and fight for early US citizenship for GC holders!

People resist changes, in general, many people will be under the impression that their employers will listen to them if they tell them about the harmful effects of outsourcing and prove that it does not work, but they don't realise that management does not look at it that way. All these entrepreneurs are capable and smart and they know what they are doing.

One thing people must understand that in the modren day world, if anything is constant, that is "change". Yes, "CHANGE IS CONSTANT" and one has to adapt to changes to survive in this present day world.

Issues arise time to time, and one has to face them and be bold and must do something about it rather than crib about them.

I was layed off in my 6th year of h1b and thought this is the end of world to me. Everyone around me have all sorts of crap advices like, you must be careful with your manager, you must know how to keep your job, you must learn how to butter your bosses so that you keep job when u r in 6th year of h1b etc...... but some gurus, these are folks in immigration.com who are actually in the IV founding team did gave me a lot of encouragement. I started everything new and found out that nothing is impossible if we work towards it with hard work, faith and perserverence - which is exactly what we are trying to tell people here.

Thise who realise what needs to be done here, come forward, those who do not realise, are always resistant. This is the time everyone comes forward and show support.

If you lose your job due to outsourcing, then there is nothing much you can do about it, but to look for a new job and do something about fixing the system

Hi all,
My attorney (a great guy by the way) filed my I485 without my employment verification letter. When I raised the question, he argued that the employment verification letter cannot be a ground for denial and that worst case scenario will be USCIS sending a RFE.
Is it true that it is not a ground for denial?
Is is possible to send it it separately to complete the file?
What would be your advice?
Thanks is advance.

The most recent USCIS memo says that if initial evidence is missing, then they can deny the petition without bothering to send the RFE. This is memo as of June 17th.

Employment verification letter is listed in the intial evidence on 485 form. So it is very risk to send 485 without that coz it could get denied without you ever seeing an RFE.

Ask your lawyer if he has read the USCIS memo on June 17th. If he hasnt, then send him/her this link:

http://www.uscis.gov/files/pressrelease/RFEFinalRule060107.pdf

Thanks.

Thank you. always good to hear some sane voices.


Please think:

A. WHY will ACLU assist us? Only because Ms. Singh is there?

B. WHY should Dr. Singh or Mrs. Gandhi assist us? We are trying to emigrate FROM India, NOT immigrate to India, after all.

C. Please do not formulate random "minority community" statements. It is kind of ironic to do so, given the fact that we, the EB immigrants, are usually parts of various minority communities in the U.S., and are desperately trying to make our case to the power structure here...

Exception 4 - have a question around this statement: For German transit VISA

- are holding a valid visa or other residence permit for the USA (this includes advance paroles, but not approval notices), Canada or Switzerland and travel to the country which issued that visa or residence permit

do not need transit VISA.

Does that mean if you are travelling from India to US (with valid US Visitor VISA) u need a transit VISA.
Above exception seem to appy only if u are travelling to country that issued u the VISA (india), but in this case we are travelling from that Country to US.

Guys,

I want to know what are the chances of getting I-140 approve if we file a new petition and current I-140 appeal process is pending with USCIS. My I-140 was denied on education basis. In denial notice USCIS wrote that we did not prove that my 3+3 (Diploma + Engg degree from India) degree is not equivalent to B.S in Computer science from Labor certification.

Guys please share your experience with me since its important for me to get I-140 approve for future growth.

Thanks

I checked the full text of this bill, it does not have anything else besides temporary quota increase for H-1B.

How can we actively participate in this process? How can we find out about such bills when they are still in the works and make suggestions to the lawmakers to include relief for EB issues?

AMSGC

Will this be a problem in name check process of I-485. I have contacted my lawyer and waiting on his reponse. If he gives me a go ahead I am going to fix it first thing monday morning.

Thanks
Murali

Thanks Fromnaija!

Good info :)

The worst hit 140's are EB3 (and that too mostly in NSC and some in TSC). Not a single NSC EB3-140 is coming at < 400 days.

EB2 is coming still okay and EB1/EB2-NIW are pretty quick. So i dont see a good quantity of benefit by allowing Premium Processing only on a thin section of applications ?? It make a difference of few days, not even months.

Where they need to re-instate Premium 140 to give actual relief - they wont do anything.

And not all EB applicants have labor. EB1 and EB2-NIW have no labor. Such applicants would benefit greatly from this rule since USCIS is taking a ridiculous amount of time to adjudicate I-140's.

you would have to specify that when you apply for the AP. Look at part 7 item 2 in the application.

NO, that part applies to a person applying for Advance Parole (humanitarian reason) and not Advance Parole (baed on peding I-485).

This confusion is because the form is used for multiple application type - Rentry Permit, Refugee Travel Document, Advance Parole (humanitarian and I-485 pending). I think USCIS should redesign separate form for each application type to remove the confusion.

If your AP is based on a pending I-485 you must be in the US to apply and receive the approval. If you need to travel before the approval, you could go to a local USCIS office to expedite the application.

As zCool pointed out, points based system is just a delay technique. No point in discussing its pro's and con's. If they treat it as long term solution with proposal for near term; then it may be OK otherwise we are screwed.

Point based system is much much more difficult to formulate. With present pace of lawmaking and implementation capability (of congress and USCIS respectively) it will take years before anything can happen and we will be rotten by that time.

Our hope is with CIR with a few of our measures or SKILL/STRIVE/TALENT etc.

It sometimes take longer than few days. During my years of getting AP's every year there are times I had my AP in hand within 3 days to almost 20 days. I am confident you will get your AP document much before the end of the month. Good luck with your travel plans.

Thanks SS777 !!!

I am optimistic as well !!! I am just hoping that I receive the documents by end of this week !

But at the same time, I wouldn't want to sit idle, just hoping !!! :)

I am going to try whatever options that might be available, to speed up the document receipt, if it is possible !!!

Probably, I can set up an appointment with InfoPass, sometime next week, and see what they have to say about this...

The scary part is, I have read several posts by other users who had reported the loss of document once it has been mailed out by USCIS. I hope I do not fall into that category and I want to be aware of the next course of action, if indeed, I fall into that category.

Cancelling my Tickets is the last option that I have in my mind !!!

The things that we have to go through to get a GC !!!! :)

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.

Yes. This is really useful. So when they say same are similar occupation. It does not really matter whether you are business analysts, systems analyst, configuration analyst, web-developer, architect, PM so long as it is in computer field as all these occupation codes start with 15-?????.

http://www.onetcodeconnector.org/ccreport/15-1051.00

I think there is lots of flexibility in changing jobs. I dont know why ppl talk about not taking promotions and stuck in the same job. AC21 clearly says that it should be in the same or similar occupation classification.

Any thougts?