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No it is not dead as i am still renewing my EAD with the same company. My H1 was denied as USCIS was asking about the client info after my project was over.

My lawyer filed the I-485, EAD and AP package for me and my wife. She put a G-28 notice for each application (with our and her signatures). She missed signing the AP G-28 for my wife. I asked her about this. She said it should be fine. They would not consider her notice of representation for this particular case, and would mail the AP approval directly at our home address.
I hope we are fine and our application doesn't get rejected since we had one check for all the applications.
Please reply. Thanks a lot.

Gurus. Please reply. Thanks a lot.

Your employer can file a new H1B extension petition with the documents covering the problems that caused the first denial. Now the lawyer should attach a letter notifying USCIS about the the first denial and than asking them for adjustment of status.
There is no annual cap. (or may be 300,00) on H1b extension cases. Hence in your case irrespective of your denial, you can file fresh extension one more time & making sure that you are not missing anything and a letter to USCIS mentioning your previous denial case.

I am telling you this on my own experience. And mind you this is not a time for you to be cheap. Please consult with a good lawyer.
I agree and my experience suggests that it's always better to file fresh application than mtr. this is just my personal opinion.

Source The OH law firm

The Oh Law Firm (http://www.immigration-law.com/)


10/14/2010: USCIS Pre-Registration Requirement Rule-Making Agenda in Nonimmigrant and Immigrant Proceedings - How Soon?

The USCIS has been pushing proposals to change procedures of filing of nonimmigrant petitions as well as I-485 applications for sometime. The agency placed these proposals on its agenda this year and surely enough, it has initiated the first part of its agenda in its rule-making vault. The agency drafted and has been seeking the OMB approval for proposed regulation to require pre-registration of the H-1B petitions, apparently as part of its business transformation transition program. It appears that the proposed pre-registration requirement in the H-1B petition process may not bring a drastic impact on the H-1B petitioning employers and the alien beneficiaries. However, its agenda for requiring I-485 applicants to pre-register their intents to file I-485 applications regardless of the visa number availability in the Visa Bulletin will have a significant impact on the immigrants because the proposed rule would discontinue the concurrent filing process for employment-based adjustment of status applicants and would require that an alien seeking to immigrate based upon a classification that is subject to numerical limitations must be the beneficiary of an approved immigrant petition prior to proceeding through a revised adjustment of status process. In plain language, it means that it would terminate the current I-140 and I-485 concurrent filing procedure. The agency justification was to streamline the overall I-485 process and to mitigate visa retrogression through improved estimation of immigrant visa availability. This proposal is still in the vault of the USCIS rule-making agenda with the initial estimation of the proposed rule initiation action in October 2010. We have no information as to whether or not the agency will keep this schedule or will rather turn it over to FY 2011. Whether it initiates sooner or later, it will not have an immediate impact on the foreign workers seeking a green card as the rule-making process will drag into months to come in year 2011. But this is something one has to keep an eye on the development of the USCIS schedules of changes in application procedures. For the reasons, this site will closely monitor the agency's movement from here on. Please stay tuned to this web site for the development of this news.

I filed 140 to VSC. Would it be transfered to TSC. It is still pending. I got a RFE on 140. Should i send the docs to VSC or TSC. Can anyone please answer this.
Thanks.

Hello IVans,
My employer did not pay for I485 expenses (USCIS fees, Lawyer expenses and Medical exam expenses). I paid all these expenses out of my pocket. Today one of my friends told me that these expenses could qualify as tax-deductible expenses. I have my doubts, but want to get you thoughts.

Thanks.

I have been trying to find out about this document mailed mystery.

We applied for our GC in aug 2007. Recd a RFE for I 693 Skin test for TB on april 16th 2009. We still hv to reply to the RFE.My elder son is over 21 and is on AOS and today on the online status we saw a message.

Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

Current Status: Document mailed to applicant.

On April 22, 2009 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.

He too had recd the RFE for TB skin test. We are really worried as to what cld this mean. Has anyone ever recd a message like this. Please someone advise as to what it cld be

Para. 4

http://www.comcast.net/news/index.jsp?cat=GENERAL&fn=/2007/08/09/735635.html

An outline of the announcement, obtained by The Associated Press from a congressional source, said the administration plans to expand the list of international gangs whose members are automatically denied admission to the U.S., reduce processing times for immigrant background checks, and install by the end of the year an exit system so the departure of foreigners from the country can be recorded at airports and seaports.

As per my knowledge, GC thru employment is for future job position, i.e. Once your GC is approved you should do the job in that area.

Plz. correct if I am wrong.

My company has filed one of my Labor (stuck in DBEC) from MN, while I am working in Texas from Last five years.

I concur that "GC thru employment is for future job position, i.e. Once your GC is approved you should do the job in that area.". Hence your move is fine.

Knock Knock

I don't think constitution allows suing Congress because it has immunity. Based on the their approval ratings you would see thousands of lawsuits everyday if it was allows to sue congress.

RealClearPolitics - Election Other - Congressional Job Approval (http://www.realclearpolitics.com/epolls/other/congressional_job_approval-903.html)

In that case we would have to take a number in line to sue congress because it will be big line. In other words there will be backlog to sue Congress and that backlog would be bigger than the green card backlog. :)

Dude you have good sense of humor.

Hello,

IMHO, do not sacrifice the career (either yours or your wife's) for the sake of GC .... the amount of money and experience that you stand to lose by not progressing in the career is very difficult to recoup after you get your GC. In this economy, more experience you gather, better will be your chances of securing a higher position and income. I always chose career over GC ... which delayed my GC by about 5 years, but the extra income and experience have more than made up for it ...

The good news is that you have an approved I-140, so you have a priority date that you can always use irrespective of type of application and/or sponsor (which means, you can file for a new I-140 based on your new job but with the old priority date). Do ask your new employer if they are open to file in EB-2 within one year of your employment based on your performance on the job.

The fall back option in terms of your wife's career is dicey to count on in this economy, IMHO. Your H1-B is a better fallback option while your GC is pending....just my 2-cents! Good luck! :)

I read somewhere that CBP officers are instructed to make a photocopy themselves if 2 originals are not given.

The photocopying is best left to them as the one you make has potential of having been tampered.

Some one few days ago posted that the she was was adviced by the lawyer to hand over Photocopies of AP and keep the original for herself.

So do you have to give them the original or have them take a photocopy of it and give you back the original ?

Chris,

This is what I did, I just called and told them I need to do FP, can you please schedule it for me?, and surprisingly without any resistance they just scheduled my finger prints for First week of March! (yesterday I received FP notice,scheduled for fist week of March 2009).

I do not think without valid FP your case will pass their , "ready to approve" filter criteria.
so get your FP done.

Good luck,

Regards,
-N


You are right. My finger prints are expired and called several times and took info pass.

Same answer, " if IO thinks need FP, they will send. Wait for their decission". :mad:

Her H4 is not valid. She did travel to India without an approved AP.

Can we cancel her GC application and bring her back on H4?

Any other options?

I have a priority date of March 2004 (EB2 India) and I am still waiting for my Green Card. I think majority of the 2004 filers are in the same boat except for a lucky few who were able to get the green card after the July fiasco.

So don't buildup your hopes too high. I firmly beleive that very soon there will be a repeat of what we saw last year in July and the green cards will be distributed once again out of order.

So if you are one of those luck ones, you might get it.

Good Luck!!

wtf!

.. bumping

Guys....suits will have ppl swooning over coz of the heat....pure white won`t look as crisp. Business casual outfits (Crisp shirts & pants with formal shoes)for both guys & gals will beat the summer heat look professional will send the message across. & a Big bottle of water for sure !!!

-my 2 cents

I am new here, Could anyone explain what is Texas State Chapter Activation about? how does that work? thanks!

Join here (they will need your phone number)
http://groups.yahoo.com/group/texasiv

Hello
My story is:
I've been on J2 for a while, it expires in May 2011. I have a EAD and currentlt I'm working for a company as a professional.I have a 5 years of Bs degree.
Questions are:
1. Can my employer apply for a Perm Cert for me if they want.
Yes.

2. After getting the perm cert. can my employer file I 140 under EB3 for me?
Yes.

3. Will I be eligible for premium processing for I 140 application, in 15 days?
I-140 premium processing was suspended and then resumed again only for some H1-B status holders last year. I do not know if USCIS removed the restrictions. If not, then you would not be eligible since you are not on H1-B.

4. Lets say all the above steps are accomplished and I got approved for I 140, all happened prior to May 2011 (this is the actual date my J visa and EAD expires).
a. Then I'll still be working with my current EAD, right?
Depends. J-visa status requires non-immigration intent. I do not know if submission (and approval) of I-140 constitutes expressing immigration intent. If yes, then your status would cease and your J-2 EAD will not remain valid. Ask an immigration lawyer.

b. Then what happens after May 2011?
Unless you have some other VISA that would allow you to stay in the US, you need to leave US.

c. DO I need to wait to file I 485 or can I file it right after my I 140 approved?

You cannot file I-485 until your priority date -- the date when your employer submitted labor certification petition --- becomes "current" (i.e., the month when Department of State's published cut-off date for EB3 goes after your priority date). Currently EB3 cut-off date is 22APR03. So plan on waiting for about 10 years or more.

d. how can I legally work in the USA after my EAD from J visa expires, but if I have approved I 140.
thank you very much

No. You cannot even stay in US unless you have some other VISA that would allow you to stay in US.