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I think we need reform. Current H1B system is employer dependant and make us slave. There should be more breathing space.

I agree with 100%. I am stuck in this glut for last 7 years.. it is quite frustrating

No updates. Waiting for FP notice.

I am an Indian citizen. I have an approved I-140 under National Interest Waiver with a PD of Aug 31, 2007. I am now a permanently employed scientist at a National Lab. I think I am now eligible for application under EB-1 Outstanding researcher category. Is it possible to apply for I-485 without another I-140? It will take quite some time to secure all the recommendation letters to apply for EB-1 (OR). I am wondering if I can bypass the whole process of I-140 and directly apply for adjustment of status based on my approved I-140 saving time and effort.

Thanks in advance for any answer.

You need to start from ground zero...EB2 NIW is different from EB1, so you can not use the EB2-140

It is always better to maintain the H along with the EAD/AP. If you apply for PP, you will get the approval within 15 days and include the 539 petition for yourself along with the H-1 petition.

Anyone out there knows the answer?

I am currently working for Company A which sponsors my H1B. I wonder if I can work for another company on a part time basis. What's the requirement for concurrent H1B filing? And does concurrent H1B filing requires a new H1B application against the quota? Please provide guidance.

YOu can get second H1 for part-time. Ensure that the hours are correctly represented. New h1B will not be against quota. Review the I-129 application form. You will realize under what circumstances will you come under quota.

Here is an excerpt from the link below.. it sounds crazy

"Visa numbers can retrogress in the middle of a month and become unavailable without prior notice. If there is a mid-month retrogression, USCIS could elect to stop accepting adjustment applications. While this is unlikely to occur in July 2007, it becomes more and more possible as the fiscal year progresses. "

I hope this doesnt happen.

http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/8d3d061006d75c47852572ff00687697?OpenDocument


Is this just a reference to how dates are generally published in the middle of the month? Could Fragomen be simply saying that it is unlikely that the visa bulletin published in the middle of the month of July will have the dates retrogressed, but later mid-month bulletins (in Aug etc.) could bring news of retrogresssion?

Note that the first sentence of the paragraph from which "averagedesi" has quoted says that "Though the principal employment-based categories are current for July, future retrogression is possible ...." This seems to indicate that they will remain current throughout July, which is what we know/believe.

Bump

Depends on whether the role for which he is applying requires a PhD or not. Once again, consult a good lawyer.

Small addition to your post. EB1A does not require a job offer, but it needs the applicant to prove exceptional ability. EB1B (outstanding researcher or professor) and EB1C (multinational manager) do need sponsorship and a job offer.

I am now "current" with Nebraska and the latest Visa Bulletin. I have completed all other hurdles (including finger printing) how long should I expect now to wait now for my green card to be adjudicated ?

Also, I have no idea about the FBI name check.. How do you even know if your file is being held up because of an FBI name check ?


My status
The March 2008 Visa Bulletin indicates they are proceessing up to priority date of 01 Jan 2005 (my PD date is Jan 2004)

And

Nebraska Service Center Processing Dates -posted Feb 15 2008- indicates a I-485 EB �processing time frame� of July 30th 2007 (my receipt date is June 12 07/Notice date July 10 2007.


Perhaps some of you had a similar experience and can kindly share how long you waited in the final step for the GC once you were "current".

thank you !

Hello Friends

My EB2 petition was filed in TSC in June 2009 and on July 20 2009 I received an email saying that " my approval notice was sent".Today the status changed to " Document mailed ON juLY 24 2009 " and also my previous eb1a denial in Feb 2009 got a soft LUD.

I am totally confused by this . Can some one offer their opinion on this strange development ?

Appreciate your help in advance

What petition is this, I-140 or I-485?

Can you please share which counslate did you go for your first H1-B stamping ? & what questions were asked.

I would really appreciate it.

Thanks

Once you are on EAD, you cannot go go back to H1B. The reason is by working on EAD you showed an intent to immigrate and where as H1B is a non-immigrant visa

I am also in the similar situation.....i did resubmitted my application on NOV 1st...still waiting for receipts.

Hello Gurus,

Here is my situation and I really appreciate your advice:

I have filed my I-485, EAD, and AP thru my employer (consulting company) in EB3 category. I have received my EAD and AP but i havent invoked AC21.

I also have approved labor (PD--01/2006), and approved I-140 in EB2 category thru my client's company.

Since, EB3 category is not going anywhere, I am thinking of filing another I-485 thru my client in EB2 category.

1) Is it possible for me to file second I-485 in EB2 category while first I-485 is waiting for approval?

2) Can i port my EB3 PD (12/2003) while filing 2nd I-485 thru client?


Thanks in advance!!!

No need to file 2nd I-485.

Just update your existing I-485 with 2nd I-140 and claim earlier PD. You can claim PD with EB2.

Your lawyer should be able to do that.

_________________________
Not a legal advise.

Mine was received on 18th july too by R Cook. No news yet! Did anyone's cheque got cashed out?

Take one month unpaid vacation. Packup your things. Send family home. Work for one or two weeks(stay in a motel or with friends), resign and go same day or next day.
This will reduce your anxiety about your future.
I am on my 2nd phase of H1B visa which is valid until 2012.
I want to quit my job and go back to my home country.
How long after I quit my job do I get to stay here to wrap up and ship my stuff??
Does that jeopardize my status? I plan to be here for about 30 days after quitting my job. WOuld that be ok? or is it overstaying?

If I ever need to apply for a tourist visa in future will this jeopardize my chances of getting a visa then?

Thank you!

Mine is basically a hopeless case.
EB3 India with PD Feb 2007.

My EAD, AP and II140 are all approved because of the July Fiasco and its been more than 180 days since they all got approved.

I have my EAD and AP in hand, but I140 is with employer. I neither have a copy of it, nor the receipt number/tracking for it . All I know is that it is approved. My employer will not give it to me as it is not required by law. I am still working on H1 (haven't used EAD yet)

Recently the client I am working with asked if I would be interested in a full time with them and said I can use my EAD. Is it possible for me to take up this offer without having any details about my I140 except knowing that it is approved.?

PS: I trust my employer. If they said my I140 is approved, then it is.


Safest thing to do: get a copy of I 140 approval and also copy of labor certification from USCIS via Freedom of Information act request (FOIA).

This way, you case will be clean (you need to use AC 21 and new job needs to be same or similar to the one for which you have GC filed; this requires a good attorney's help along with job titile and job description in original labor).

Good Luck.

I remember reading if you travel outside the country while your AP is pending, it will be considered abandoned and you may not receive approval or any refund.
Check with your attorney

This is unfortunately a little incorrect advise. H1B is a dual intent visa, which means it can be held TOGETHER with your AOS or 485.

As long as you use your H1B to travel, you are fine.

Have a good trip

The Swine Flu saga continues. Mexico reported three new deaths from the swine flu epidemic Saturday and urged citizens not to let their guard down against a virus that has killed 19 in people in Mexico and is spreading across Asia and Europe.

Health Secretary Jose Angel Cordova said Mexico's confirmed swine flu cases jumped to 473, including the 19 deaths. The previous death toll in Mexico was 16. A Mexican toddler also died in Texas days ago, for a worldwide total of 20.

In accordance with measures announced by the Government of Mexico to limit the congregation of large crowds to prevent the spread of the H1N1 virus, the U.S. Embassy in Mexico City and the U.S. Consulate General in Ciudad Juarez advise that most consular services are being suspended. The dates listed below may change. The Embassy and Consulate General will monitor the H1N1 situation continuously during the week and will update information on our website if the dates of the suspension of service change.

Immigrant Visa operations in Ciudad Juarez have been suspended from April 30 to May 8. Immigrant visa and waiver applicants who have April 29 appointments should proceed to the Consulate. The panel physicians are closed. Those applicants who have consular immigrant visa appointments after May 8 and have not yet obtained their medical exams should not come to Juarez until the panel physicians have re-opened.

All non-immigrant visas operations in Mexico have been suspended until May 6.

Consular services for U.S. citizens throughout Mexico will be limited to emergency assistance and to citizenship applications (passports and consular reports of birth abroad, or CRBA). Anyone with passport or CRBA appointments are encouraged but not required to reschedule to a later date. For more complete information on consular operations during the flu outbreak, as well as the latest travel advisory and warden messages, visit http://ciudadjuarez.usconsulate.gov/h1n1.html. (http://ciudadjuarez.usconsulate.gov/h1n1.html.)



More... (http://www.visalawyerblog.com/2009/05/us_consulate_general_ciudad_ju.html)

I had EAD from Aug 2007 to July 2008 which i never used. Now i would like to get EAD again. Should i file it as renewal or applying for a new one? TIA

Hi

I am going to apply for i-485,
i have birth certificate which is taken in 2005 but I was born in 1974
some of my friends are saying...as you are born in 1974 and as your
birth certificate was taken in yr 2005, it might cause problems (ins poseses query)
to get the green card.
Is it right?
They are saying me to get Affidivits + non availability certificate now.
will it be a problem if I put my birth certificate....while applying for 485

thanks
Elephant