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  • das0
    05-27 10:38 PM
    What is the Cut off date for EB candidates for the proposed CIR Bill > May 21 2005 or May 21 2007 ???





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  • kaisersose
    05-29 11:14 AM
    Hi,
    I'm on L1B for Company A.
    My visa, Petition, I-94 are expiring this September.
    I was about to begin L1-B Extension.

    Now I got news from company B that my H1B petition has been selected in Lottery..
    (this is for COS from my L1B to H1B).

    Can I go ahead with L1B extension work ?
    I do not want to do this, if it will affect the H1 Petition approval.

    Please help. Thanks.:confused:

    So you want to have both H-1b and L-1 status starting October 1st?

    You can have only one at a time. For now, your status will become H from Oct 1st after which you can no longer be employed by company A.





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  • chanduv23
    12-08 06:45 PM
    Come on folks, time for some contributions.....





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  • lazycis
    12-17 09:52 AM
    It depends. What is the reason for the denial? Usually notice of denial says whether you can appeal or not.



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  • gc_chahiye
    12-17 03:22 AM
    Team,

    Here is my situation: I was working for a company A as a systems analyst and filed my GC on July, 2004 in RIR. Got the Labor approved in December 2006.

    But I have transfered my H1B to company B in November, 2005 as a systems analyst and filed my GC in Jan, 2007 in PERM. Got my LC and 140 approved in April, 2007 + filed AOS in July, 2007. Still I am continuing my services with company B on H1B (H1b expires on Sep, 2008).

    I am having difficulties with Company B, they are creating problems and planning to lay me off soon. I am very much concerned and worried about it since I live with two little kids.

    My previous employer (company A) willing to take me back but I have the folloiwng questions and would really appreciate and thank you for your answers.

    1. If I want to keep my status with H1B only and transfer my H1 to company A, will that cause any issues to my AOS of company B?


    if your new employer revokes your I-140 before 180 days of your 485-filing, your AOS is gone.


    2. As I mentioned company A has my LC approved, if I transfer my H1B to comapny A, can file my 140 with company A again? If Yes, will that impact my AOS of company B?


    you can file I-140, it does not impact AOS from B. In fact at this stage (assuming there was no fraud anywhere) if you simply wait 180 days past the receipt date of your I-485, even B cannot harm your AOS...


    3. If I transfer H1B and continue my services with company A, how does we port ACT21 to my status? Is it must to use EAD to use ACT 21?


    wait 180 days past your I-485 filing, then just do an H1 transfer to A. Using EAD is not mandatory.


    4. If I jump on ACT 21 using my EAD from company B to company A, can I file my 140 with company A? if Yes, will that impact my AOS of company B?


    you cna file a new I-140 with A, it does not impact AOS with B. Once htat I-140 is approved, you can even consider interfiling it into your existing 485, so your PD is automatically bumped up.


    5. If I change the employer after 180 days, current employer (company B) will have any authority to create any problems with AOS or with approved 140?


    they can withdraw your I-140. That DOES NOT impact your AOS in any way.
    Wait 180 days, and you are safe from B.


    6. If I filed my 140 with company A and got denied, what happens with AOS from comapny B?


    typically nothing. In rare cases USCIS has gone back to look at previous petitions. If the reason your I-140 with A is denied also applies to the I-140 with B, they can go back and revoke that too. However its extremely rare from what I know.


    Guys once again I really appreciate your time and please give me some suggestions as I am very badly in need of your help.


    just chill. The most critical thing at this stage is to allow teh 180 days to pass peacefully without getting your GC sponsor worked up.

    Confucious had said, when it comes to 485 and AC-21, be smart and patiently wait for the time to pass before you transform from your pre 180 days avatar (http://www.forparentsbyparents.com/images/cute_baby_2006/cute_baby_nov06_ruby_400.jpg) to your post 180 days avatar (http://www.niten.org.br/artigossensei/cafecomsensei/mai2007/killbill.jpg).





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  • vinabath
    03-24 03:22 PM
    LOL - Yeah, you better grow a beard, cross the border and move to Mexico. You have been identified as a bad boy in these parts! :cool:


    You know what my beard already started growing.



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  • redgreen
    01-29 04:29 PM
    Can you please explain why E-verify is going to badly affect a legal employment based GC applicant? I was thinking that this is good for most 'legal' people.





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  • HV000
    11-17 11:26 AM
    This shows how ignorant U.S. Senate is!! Only now they will recognize the most important festival of the 3rd Largest religion in the world!!!

    U.S. wasted NO time in recognizing Jewish festivals!!



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  • vselvam
    12-16 05:20 PM
    I would like to know some details about EB3.

    Currently the priority date for EB3 India is May�01.

    My PD is Mar�2004.

    When no reforms happen, how long approximately it will take to reach my PD.

    I know it is based on how many people applied, yearly and per country limit. Can any one guess or possibly know how we can find about these details about movement such that how many people applied, if it goes on the same speed then how long it will take to move from one year to next year. Can anyone guess?

    Thanks





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  • traveldoc
    09-10 02:12 PM
    I have a strange situation with my AP renewal:

    Applied for AP renewal for both Primary and dependant on August 8th
    Dependent received AP approval on Sept 2nd
    Primary called USCIS to expedite process on grounds of medical emergency on Sept 2nd and Received a letter from USCIS on sept 8th - saying this - "The status of this service record is: Since the date we received your request, we have approved your case and sent an approval notice to you on 9/1/2009 to the address we have on file. If you do not receive the notice withing 30 days, then please contact our office again". But when I check the online status on USCIS.gov it says "Case received and Pending". How can the system say 2 different things?
    I made Infopass appointment today and went to the office to see if they can follow up on this situation and they just said their system says case 'Approved' so wait for 30 days.

    Anyone in the same situation? Any suggestions? Is there anyway I can apply for a duplicate or something? What if I just go ahead and re-apply for my AP before the 30 days...what other risks are involved other than loosing $305.



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  • chanduv23
    01-13 07:14 AM
    I think Lawyers have a system where they can send emails to the service centers in a particular format, the receiving software at USCIS automatically parses the email and assigns the case to officers.

    Or, if it has been a long time since it is current try contacting the Ombudsman.





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  • adde72
    07-17 06:10 PM
    Donate so we can continue fighting!

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  • gconmymind
    11-05 03:50 AM
    Situation - During the month of July, I filed my 485 when all categories were current. Got my receipt too. Missed wife's application because her papers were not ready. Now priority dates have retrogressed again.

    Saving grace - Our H1/H4 are in order with many long years left on them.

    Question - Can I file my wife 485 now as a dependent, even though "my" PD is not current yet. The core point is that, does the concept of PD applies to the dependent 485 applications too?
    I am in almost the same boat, with the exception that my receipts have not arrived yet!! :mad:
    Only saving grace is that I am EB2 and my priority date is May '04, so hoping the bulletin to be current for me in a few months so I can file for my wife..keeping my fingers crossed...





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  • sandy_anand
    12-08 05:50 PM
    "On December 4, 2009, we ordered production of your new card. Please allow 30 days for your card to be mailed to you."

    My PD was Dec 4, 2004. EB2. Exactly 5 years from PD and over 10 years from first entry to US. Getting stuck in the BEC backlog and my wife getting stuck in India with 221(g) were among my most painful experiences through the journey. And not being able to take a fabulous offer at double my salary in 2007 hurt too.

    Thanks for all the support. And congratulations again to the leaders of IV for creating a platform for Employment based GC applicants.

    Feel free to contact me if you are starting high-growth businesses and need someone to bounce ideas off. And of course I am happy to help with IV initiatives to clear EB backlog.

    Bpositive.

    Congratulations!



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  • GKBest
    09-28 04:59 PM
    That's the reason why they are now changing the receipt date to September even if you filed on July 2nd.

    I think this is just their way of saying......give us another month.





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  • Krilnon
    01-01 11:49 PM
    Are you considering actually stopping people from creating something in AS1? As you probably know anyway, AS2 is compiled to AS1 anyway, so a decision to limit entrants to only AS2 and AS3 would be totally arbitrary. :P

    Besides, most people who claim to be using AS2 just use AS1 with type annotations…

    Anyway, thanks for clarifying the background options. :)



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  • MArch172008
    06-16 05:03 PM
    IS any one processing two GC process one with the current employer and other based on future employment with other employer ?

    regards





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  • superdude
    07-31 07:18 PM
    Hi All,

    We are planning to goto canada for our H1 visa extension (actually i changed my job to new employer also). My H1 visa expires on Sept 31st 2007.
    We are planning to go in August 2007 itself.

    Lets say if our h1 extension is rejected or some issue what will be our status?
    Can we come back to US and plan for our india travel or we have to leave to india from there itself?

    I heard that mexico has different rules?

    Thanks for your help.
    Got stamped twice in Canada. I have MS from USA. When I went for the second time my friend came along with me who did not have a degree from US. He also got the VISA.
    There was couple came for H1 renewal and for H4-H1. His wife could not get H4-H1 as she was having a degree in Commerce and working for a small consulting comp. VO gave her H4. I did not know the actual details of her case though.





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  • wandmaker
    08-23 05:27 PM
    I lost the hope of GC after working 10 years in US because my GC is not approving.

    Is it possible to file case against my employer and ask to return money that they deduct from me for GC and the % that they earned from me in last 8 years. I joined my employer for smooth GC process but even my I140 is not approved. My labor went to backlog. Once labor approved than I140 is pending for last 30 months. USCIS is trying to find out that my company is legitimate or not.
    Do not argue how I know that I140 is pending because of company. Please let what is process to inform USCIS about my employer. My company files GC so that no one should leave the company. Employer gives hope about GC but I140 never approves. What all evidence I have to collect so that I can prove against my employer. Please suggest.

    You can complain to DOL, if you have been paid less than a LCA amount. Also, you can complain to DOL, if the deduction of GC processing fee to DOL as it could have lowered the amount thats in your offer letter. You need have a proof that your company has deducted money for your GC from the paycheck.

    BTW, You have no legal grounds to get the revenue (aka % the company earned) the company made out of you during your tenure.





    diptam
    01-26 10:45 AM
    If you want to track how fast are they processing - you have to go by "Notice Date" because that's the day they first saw your Application. If you want to charge AC21 or calculate iVisa Bulletion's Retrogression do by "Receipt Date" for calculating "180 days Portability" etc....

    In the "Pre-July 2nd world" those 2 dates used to vary by 1 or 2 days so no one used to care.

    Well - so NSC is doing I-140 for Apr 23rd and Texas is July 21st... I would have got my freedom by now if i had filed I-140 at Texas :) Another good thing in this Bulletin Vermont H1b extension processing have moved a lot - from Apr 23rd to Oct 1st 2007 - wow !!!

    Good Luck folks!!

    In terms of processing dates, which date is relevant?
    USCIS Received Date: E.g., July 25, 2007
    OR
    USCIS Notice Date: E.g., Sept 12, 2007?

    Thanks.

    GG_007





    WeldonSprings
    10-28 10:22 AM
    Have anybody encountered Receipting Delays at Nebraska Service Center recently. I applied for my and my wife's AP (I-131) last week, received on Oct.21 and it has not been receipted yet.



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