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I know many folks here who have 2 I140 pending from same employer, for same category. One which is current. the other with a newer 140, since u can get 3 year H1 extension

Sorry to read about your mother's problems. As the other posters have said, please do NOT use any agency, office, notario, or other service that claims to be able to help unless they are really attorneys or a charity. Be especially careful of notarios - these are not lawyers in the US.

Your mother would not be eligible for TPS unless she was in the US before Jan 12, 2010. Hopefully you are a US citizen and can petition for her permanent residence (green card)

I work with a consulting company on client side. The client is planning a shutdown for 2 days a month - 2nd and 4th friday.

Do you guys think its gonna imapct 485 application. I am asking this question cause the labor was approved for 40/hrs per week and the salary slip shows the number of hrs worked per month which will be lesser than 160 (incase the month has 4 weeks).

BTW, I am on EAD and 140 approved couple of years back.

Thanks

I e-filed EAD renewal. On the I-797 Notice of Action that they mailed me, the "Priority Date" field is blank. The same is true for my last EAD notice of action as well which I did not check last time. Is it normally blank?

Is anybody else in the same boat?

Presently I am on H1B visa status, valid till March 2009. My PD is of June 2005 and I-140 was done in 2005 also, presently trapped in retrogression.

I have a great offer from a big oil company. After my possible joining to them with H1B transfer, they are willing to start my labor also. In such a case, I want my new labor to be filed ASAP, as my son will be 21 years old in march 2008.

In a case I join this new company in middle of August, when do you think my labor could be filed....I heard there is some two months advertising involved before filing in PERM.

Thanks for your time guys.

Advertising requires just one month period. Depending on how much advertising has been done before for the same job. You could typically file for PERM easily by mid september if not sooner.

Would going to Canada and re-entering without going for visa stamping count as lawful entry??

Or one has to go and get the visa stamped to qualify as lawful entry??

Also when you go to Canada and come back Without VISA stamping, he gets the same I-94 or different I-94??

Thanks.

You can re-enter from Canada with same I-94 and status as long as trip < 30 days.

Yes, it resets out of status clock.



___________________________
Not a legal advice.

As a California immigration lawyer who files many asylum cases, I am used to thinking of a the United States as a place of refuge and to documenting the horrible country conditions of other countries. I have successfully represented applicants for asylum who feared staying in their countries because while serving in their countries' armies, they were harmed on account of their sexual orientation.

It is therefore rather surprising to come across a story of a U.S.soldier who is fleeing to Canada (http://www.cbc.ca/canada/story/2009/11/20/refugee-board-soldier-lesbian.html) because she fears harm in the U.S. Army on account of her sexual orientation. According to CBC news, U.S. Army Pte. Bethany Smith fled Canada in September 2007 from a U.S. Army base in Fort Campbell, Ky. She applied for refugee status in October 2007, saying that she was harassed and threatened by fellow soldiers over her sexual orientation and feared that her life would be in danger if she were deported and returned to the army. The Canadian authorities initially rejected in her claim in February 2009. However, on appeal, the Federal Court of Canada held that the refugee board must reconsider the case again because the Board made several mistakes in initially reviewing her claim.

The Federal Court's decision (http://www.californiaimmigrationlawyerblog.com/Smith%20and%20the%20Minister%20of%20Citizenship%20 and%20Immigration.pdf)noted that the refugee board failed to fully consider the evidence pertaining to the situation of gays and lesbians in the U.S. Army to determine whether Pte. Smith could have availed herself of protection in the United States. The Federal Court also noted that the Board failed to determine whether Pte. Smith would be persecuted on account of her social group - as a lesbian in the U.S. Army if forced to return. There were other errors mentioned in the decision.

It is sad that the U.S. policy of "Don't Ask, Don't Tell," is the basis of an asylum claim in Canada. Pt. Smith was only 19 years old when she fled to Canada. From everything I read, it appears that she wanted to serve in the U.S. Army and no real desire to leave the United States. At a time when we apparently need people to serve in the Armed Forces and in fact give non-citizens a way to immigrate to the United States faster for their service, it seems ridiculous that an American citizen should have to leave. It it is time to eliminate the "Don't Ask, Don't Tell" policy.



More... (http://www.californiaimmigrationlawyerblog.com/2009/11/us_army_soldier_applies_for_as.html)

Yes & Yes

Yes, I am also seriously finding out the solution for this. One of my friend told me that I can wait until I receive the finger prints. Once finger prints received then we should not get finger prints done. That way, USCIS terminates our applications. Not sure, how easy it is.

Please keep posted and send Private messages if you can.

Hi, I know this question is being asked by many people. I am sorry, but still confused. My situation is:

EB3 - Labor filed - Aug, 2004 - BackLogged - Philadelphia - 45 day letter - Replied
EB2 - Labor filed - Nov, 2005, Approved, I-140 filed - Mar 2006 - Approved.

Can I continue using EB3, once Labor Approved anbd I-140 Approved, can I use that PD to my EB2? The job description is definately different on EB3 and EB2. Still can I use the EB3 PD on to EB2?

Gurus, Please advise.

Thanks.

you can also change employers immediately. Your spouse is the primary applicant, and hte 180 day AC21 rule applies to her. You can:
- use EAD whenever you want
- change jobs whenever you want
- change job profile however you want.

she:
- can use EAD whenever she wants
- change jobs after 180 days
- change onto a job in the same or similar profile.

Now if the secondary applicant also has a 140/485 application filed this means that he or she should wait for six months also.. I have an EAD (as of yesterday) from my wife's application. Mine is just the 485 -- no EADs/APs etc. If I contract on the side with my EAD (invalidating my H1b) does my employer find out? Am I obligated to tell?

Cheers,
-b

You should be able to work with any company provided they are ready to give you support when USCIS asks for an RFE about your employment status.

Also you have to make sure that your job fall in the same description that you have filed the 485 for.

Consult other informations/resources also.

Hi All,

I have recently applied for my wife's EAD to Phoneix Lock box and got the Receipt from NSC with the LIN number. RD: 02/25/11 and ND:02/28/11. Check also got cashed. I tried to access that receipt number in USCIS case status website online to get the status yesterday 03/09/11; it says the case number is not found. I am sure I typed the correct receipt number. Any idea what could be wrong? Has anyone experienced this before? Should I contact the customer service? Please help me.

d

Hello,

The cancellation of H1b takes 4-5 months and untill then nothing much to worry. You can join new company as soon as you file for H1b transfer.

Hope this helps.

Like many others we have been waiting for our AOS application to be approved for over 2 years. But the strange thing is, I did get an EAD approved but they never called me in for fingerprinting and Biometrics. I know I had to do the non-immigration "registration" that was initiated a few years ago and they had taken my fingerprints and biometrics, is that why they didn't call me in again? since they already have it?

Matamoros, Mexico

Here is where me and wife got our H visas stamped

Also you may want to go through

www.mexico-assistance.com

Nice Service.

what happenes if my lawyer does not send tax return with I-485?

yes, that is correct, i meant can i got for H-1 stamping while 485 is pending
and ead/ap is approved.
Again in case the H-1 stamping is denied for any reason , can i come back on AP

I am a little concerned of H1 stamping being a problem because my case is complicated ,for the years June 2005- June 2006 i dont have a H1 approval from USCIS for the 6th year, This was because the case was stuck in a security check .
We applied a case again in April 2006 , which was approved on August 2006 ( after the security check has been completed ).

Regards

That's helpful.
So, it doesn't matter if I have GC pending with company A, and I am over 6 years on H1B. Will company B be still able to get H1B extension since my I-485 is pending(with comp A)?

Man.. this place is for people in EB2 and EB3 category who are suffering from retrogression. please contact any lawyer for this,

MC