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If you are a IV member living in NY and want to be actively engaged in the NY chapter activities, please send a PM to bottlemani. If all those in NY get together, it will be easier to plan joint visits to congress people: house members and senators. Even if you don't have a car, we will be able to coordinate better if we know you are willing to spare some time.

I am sure there are many members in NY. It is a big state with several businesses.

Please do remember: we have to do something more actively in order to get out of this mess. The more we procrastinate, the worse it will get. If you have suggestions, regardless of whether you live in NY, please do post them here.

As a first step, please put your name on the NY chapter.

http://immigrationvoice.org/forum/forumdisplay.php?f=49
Thank you qplearn and bottlemani for taking a lead in your state chapter.

Surprisingly my wife and daughter's 485, EAD and AP checks were cashed yesterday and not mine.

July 2 filer
EB3
PD : Dec 2005.
labor approved dec 2005
I-140 approved jan 2005.
Which service center- Texas or Nebraska

My attorney signed my I-485 AOS/EAD/AP applications and posted them on July 2nd as he was in a hurry to apply because of July 2nd scenario. Is it ok for the attorney to sign our papers. Is anybody in the same boat as me. I am a little concerned as the USCIS FAQ says application can be rejected if signature is missing. The application reached USCIS on July 3rd.


My attorney also did the same. I did not sign on my application. But he sent me power of attorney to sign. They did this since they were beating the July 2 brouhaha which previous to that week, they already knew what's going to happen.

maybe importing your swf or swft exported from swift into flash? :sleep:

I had a opt which expired on the 9th. of november and on June 08 i applied to start green card process with help of a lawyer.I have a master degrees from the US and my lawyer told me that i did not need to apply for a H1 visa or a work permit and could directly go for green card. we started the process in June 08 and I applied to eta 9089 on September 08 and could not get any reply back for almost 5 months. My lawyer tells me that it is normal to not get an answer for so long even thought I think we had to get an answer in 3 to 4 weeks after September. Now, my lawyer suggests me to go back to my country as my status will be put of status and I could continue my green card process from back home.

I would like to know if my lawyer is telling me the truth or my lawyer made any mistake..

I need help!!!


You are out of status since Jan 7th. (Nov 9 + 60 days)

Who filed for ETA-9089, Application for Permanent Employment Certification? Typically it is the Employer. I guess, you are EB-2/EB-1 and RoW, since only in that case one file for I-140/I-1485 and can jump from OPT to AOS.

In my opinion, your lawyer took very aggressive approach and should have had Plan B.

Good Luck.

____________________
Not a legal advice.
US Citizen of Indian Origin

Hi Gurus,

My wife has her H4 Visa stamp until 1st Oct 2010. She is in India. I am planning to visit India and travel back with her. If my visa gets stuck in "Admin Processing" will my wife be able to travel back on her valid H4 Visa.

She has to travel back due to some personal reasons.

Please advise.

Thanks

My husband's employer filed for green card under EB-1 (OR). I-140 got approved, I-485 is pending. I already did my fingerprinting. My husband's is scheduled for next week. We did not get EAD or AP yet.

Meanwhile I need to travel to Europe on business. I have a valid H-1 to re-enter US. Would my AP get approved before I return to US? If so, can I still enter with my valid H-1? My husband is planning to delay his biometrics until I get back. Are there any problems with this plan? Please advise

As long as you travel on H-!, you have no problems. You do not need AP to travel as long as your H-1 is valid. If you need a visa to re-enter, your visa needs to be valid too, or you can get a new visa based on your H-1.

If you want to avoid getting your visa renewed, then you need an AP.
Your husband does not need to delay his biometrics. It is independent of your case.

Hi,

I am presently working on L1B for company A. This year Company B applied for H1B and same is approved received the approved letter with I-94.

Now I would like to continue in my current job with Company A till I find long project (Minimum 6 Months). My question here is can I continue in my current job after OCT 1st in my L1B Status.

If I want to continue in L1B status what should I do? As of I heard if I travel out of the states and reentered in US after OCT2nd on L1B visa I can continue with L1B status. then what happens to my H1B status? Can I directly move to H1B status when I find a project from Company B?

Please let me know how I should proceed to keep L1B and H1B status valid after OCT1st?

To keep your L alive after Oct 1st, you should travel out of country before that date and return on L on or after the 1st.

But now your H will no longer be valid. To activate it, you will have to go out, get a visa stamped and return using the new visa. Alternatively, you can also apply for a brand new H-1b as you have been counted against the cap. This new H-1b can be applied as a change of status from L.

Hi:

If you are unmarried, then you GC parents can file an 1-130 petition for you right now. Once tthebecome a citizen, you can change the category F-1, and retain the priority date.

Dear Experts,

My I-140 was filed under "Premium processing" and I have received approval last week. I am currently out of US since May and want to go back. I do have a valid H1-B visa till Sept '10. But, my lawyers have asked me not to go back till my H1 three year extension is approved. This is where I am confused and have the following questions:
1. Why do I need to wait for the H1 approval to come through? Can't I go back now since I do have a valid visa on my passport?
2. For extension filing, don't I have to be physically present in US?

I need to go back asap because working from outside the country is not working out that well for me now since past two months. So, any pointers in this regard will be greatly appreciated!

Thank you!
Mallika

Does anyone know more about this ?.

Experts:

I am going to apply for my H1 renewal. I have my I-140 approved and I-485 application pending from Aug 2007. Additionally, being from India, my visa number is retrogressed.

I got my first 3 year H1 extention from 2006-2009. Now I am appllying for my next 3 years H1 extention. However, I am seeing USCIS asking for client letter and copy of contract. Additionally, one employee of my company got renewal for 3 months only, since his project was getting over in 3 months.

My company gets Purchase Orders for 1 year duration only from my client, but I have a intent to renewal for up to 3 years. I am about to enter into my 2nd year of contract.

I am working with my lawyer to present my case the best way to ensure that we get a renewal of 3 years. Here is what my lawyer recently stated

>>>>USCIS is simply not approving H1 petitions in the IT consultant field if the Employer cannot show actual bona fide work for the duration of time requested. This arises when USCIS issues a request for evidence specifically asking for such items as contracts and work orders. Furthermore, USCIS specifically requests that the end client confirm work performed as they are the business receiving the benefit of the employer. USCIS deems this requirement as necessary to confirm that the employee is performing work in a specialty occupation as contained in the petition.<<<<<<<<<

However, I thought if any of you guys have any suggestions to ensure that we could get a 3 year extention??

Hey I got a phone call last evening, my lawyer advised me to cancel the appointment and use my AP and EAD instead.

She advised to go to India and get my H1B stamped in Dec (which I might end of doing anyways).

and heres the best one

If your AGI is less than 65,000 then you can claim deductions for US taxes if loan is taken from US bank but Good thing about taking loan from Indian banks is that-loan won't show up on US credit report.
There is no other advantage from Indian bank.

I am working in US on L1A visa expiring in November 2010 (completing 7 years). The Visa with whom I am working are not processing my GC. Before changing my Visa to L1A, I had H1B which is expired now. So I am applying for PERM through another employer. This employer/attorney is going to file for Labor in one or two months. What are the chances of my Labor and I-140 getting approved before December 2010? If my Labor got approved by December 2010, Can I switch to the employer who has applied for PERM and continue staying in US? Are there any options? Please advice. Thanks for your time.

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Can you please specify process to donate miles. I have 21,000 miles with Delta that will expire soon and I don't intend to use it.

Any suggestion please..

You could file a new 485 based on your approved I-140 and withdraw the old I-485. That seems to be the easiest way.

This is not legal advice. Please consult a qualified attorney.

North Carolinians join us. Lets work together.

We had our first meeting, there are plans to meet local lawmakers. We need member participation.

Hi,

I have approved labor (filed Apr 2004 and cleared Jan 2007) in EB2 category. But it was filed wrongly in EB2 as somehow it got cleared. But now I got RFE on I-140 and there is a verly bleak chance of getting it cleared.

In the meantime I am thinking to file a new labor by PERM (from same employer). I have few questions regarding this:

1. Can I file new labor in PERM without affecting my current labor and I-140 ?

2. Do I have to mention in my new labor about my old labor and I-140 ?

3. Can I use different experience letters in new labor as my old labor is in jeopardy because of experience letters only.

Thanks
DC

All,

I have created DIGG article for this, Please digg it.

http://digg.com/business_finance/How_to_Solve_the_Housing_Crisis_Let_in_More_Immigr ants_to_B_2

Add this/your comment that involve the backlogged legal community already working in the USA, instead of more H1's. Thank you!

******

Why is Gary looking outside of USA to tap potential home buyers? Just for folks who aren't aware - there are 500,000 high skilled legal immigrant already in USA who are waiting in queue for numbers of years to get their Permanent Residency. Thanks to the limited visa availability based on country chargeability (birth of applicant) and inefficiency of immigration system, these highly skilled, tax paying and law abiding immgrants are waiting for their Green Card (Permanent residency). Some of them have studied here, worked here for years and US is almost a second home to them. They are sitting on pile of cash, Yes - PILE OF HARD CASH. They wouldn't buy house or any big ticket items until they get Green card. Why not give these people, who are already part of our system, conditional Permanent Residency who buy houses. This will also get us immediately required cash and home inventory will go down as much as 300K at minimum. P.S. I AM TALKING ABOUT HIGH SKILLED LEGAL IMMGRANTS AND NOT ABOUT ILLEGAL IMMIGRANTS.