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Current Status: H1 (visa stamp expires Sept 2011)
Citizen-India
Current: Company A (Has filed for h1 extention on May 1 under normal processing)
Future: Company B (Has filed for Transfer under Premium Processing as of May 6)

Currently employed with A. Company B lawyer has filed a transfer on May 6 Premium Process.(I believe current status is LCA is under process).

I plan to resign on May 21 with A and travel abroad to Dubai On May 22. Will be back on June3 to usa
>Can i travel abroad even if my tranfer is under process
>When i enter, what documents do I need to show at POE?
> Can i enter with Company A visa stamp
>Any issues if current employer informs USCIS about my resignation?

Its a emergency travel i cannot avoid. What needs to be done to make my trip

If you travel while an application to extend/transfer is in progress, the application is considered abandoned which in many instances results getting approval with out an I-94 at the bottom.
As far as i know, a pending application can not be used to reenter. You must have valid visa stamp in your PP for reentry unless a visa waiver or AP can be used. You can enter with Comp A's visa stamp and approved transfer copy from Company B as long as the visa is not expired.
Please check with an experienced immigration lawyer before travelling.

* i am not a legal expert.

USCIS posted new processing times today,and dates are as of 11/30/2008.

Texas I-485: 11th July 2007
Nebraska I-485: 14th July 2007

Finally, they get past July 2nd 2007:-)

Regards

/\/\

I have a couple of questions regarding H1B.

My current H1B(10th year) is expiring in a month and I am planning to use EAD. My 140 is approved and 485 is pending for over 2 years with company A. At the same time my second 140 is pending with company B.

The question is, in case if I used my EAD to work and for some reason if my 485 is denied, can I get back to my H1B? I was under the impression that I will have to leave the country and wait for 1 year to reset the clock but I was told by someone that its not necessary to wait for an year and I can file a H1B based on my pending I-140 with company B and will have to do it while outside of the country. ( This process does not require a new quota).

Is this true? any ideas?

My attorney just said...she has too many application to file...she just cant do it on 1st June, she will try to do 1st week of June....but I am sure she is gonna miss 10th June too :).... happy?

not sure which center my attorney filed through but on the back of the check, it mentioned St. Paul MN

I don't think OP can do that, because I140 does not belong to you, it belongs to the company.

correct me if I am wrong, but I believe the concept is you are asking for copies of documents that you have filed and since you have to attach a copy of 140 along with 485, you have the right to ask for a copy. but since OP has not yet filed 485 or more precisely, has not attached a copy of 140 approval for anything, he/she cannot ask for the same.

I have heard getting docs from USCIS under FOIA takes about a year or even longer(no experience though).

Please refer to the following thread. One member has already got it. There are many members who used this to get the approval notice.

http://immigrationvoice.org/forum/forum80-visa-bulletin-status-tracker-processing-times/219826-use-foia-for-i-140-and-other-immigration-records.html

I agree and believe we can get #3 passed. It will provide relief to thousands like myself who have to struggle to maintain a status.
I have asked this question several times to IV/Pappu but got no response. Is is possible to ask for this provision asap ? We know that IV is working on a bigger cause to get us all GC's but honestly no one is sure when and if CIR will happen. Even if it does no one can guarantee that our interests will not be put aside.
I am surprised that whenever I ask for this temporary relief, I see no one else coming forward. I know that there are thousands waiting to file their I-485 but no one wants to speak up ?! That's very disheartening !

Even if we can get one of these, especially, Item #3 passed will provide relief to many candidates.

For example, we can request Congress to amend to "Allow USCIS to issue 3 year EAD along with I140 Approval."

Can IV help pass this request on Advocacy days?

This is my first time $100 contribution.
Paypal Id: 31T703381K4953443

If 15 months has passed since your last FP and your GC is still pending then you will receive an FP notice again. It does not mean things are moving and/or someone looking at your AOS file. If you EFILE the EAD - you will receive a FP notice each time for thumb and picture, this is different from 485 FP.

Oh...ok so I guess there is nothing to get excited about. Thanks

Attorneys or Gurus please:

I have a bit different situation than Raj (rajivkane), so please suggest/answer following queries:

1. Is it advisable to file amendment I-824 or other (requesting an amended approval notice with retention of earlier priority date) instead of filing a new EB2 I-140 once EB2 Labor will get clear? My 485 is pending with EB3 I-140, where as EB-3 I-140 got approved before filing I-485 in July'2007.

2. Or it�s compulsory to file new I-140 with EB2 and once I-140 after that amendment.

3. Will it impact my pending 485 in regards to any of the above cases, which ever is correct?

Regards,
Raman

Just got back from FP from the local ASC. While there I asked the guy who dows FP if he knows anything about FBI namecheck and he had no clue. Said he doesn't have access to that data here.

That's that. In my area, the FP and Infopass appt locations are different. Wondering if I should make an infopass and go in for namecheck inquiry.


FYI:
I don't know if this is old news but thought of sharing it anyway.

I was in the same boat as many others here i.e, no FP notice even 1yr after filing for 485. With my PD becoming current in Aug 2008, I called my attorney to see if he can do anything to help me out. He told me that due to several complaints from people like us and a law suit threat (or an actual lawsuit, not sure) from AILA, the Texas center has sent has set up an exclusive fax line for such requests. This system came into existence only about 2-3 weeks ago.

He sent a fax on my behalf to that number last Tuesday 7/15/08. My wife and I both received FP notices on Sat 7/19/08! So looks like for a change, something that�s set up for our own good is actually working. Frankly, I hadn�t pinned any hopes on the fax having a positive impact but I was pleasantly surprised. Our appointments are for next week.

Hope this little tip will help others in the same boat if their attorneys are either not aware and/or haven�t told their clients about it.

The fax number is not made available to the general public. Only attorneys have access to it.

BTW: As a result of all this, I haven't seen any LUD changes (soft or hard) on my case status online....I thought that was strange.

short clip Telecasting in desi channels will be a good idea. as i know lot of indians watch desi channels.I still know many in my relatives who are suffering from green card retrogression but are ignorant of immigrationvoice.org and core team.all of them have desi channels through dish. we can telecast a short 10 second add in these channels and also telecast in u.s. channels to get widespread desi support and also all other green card retrogression victims support.by telecasting in these channels many ppl back in india will also know about the problems we indians are facing in u.s.a due to gc retro.we have to use popular media like t.v and internet as much as possible to get fellow victims and would-be victims know about us.yesterday i have posted in various communities like 'indians in america','hyderbadi's abroad' in orkut.com about immigrationvoice.org.similarly we can target many social networking sites,rediff.com,yahoo.com and other websites.chain mails like forwarding the plight of gc victims to all other friends and so on...and sending offline messsages through yahoo messenger etc .what say ???

After EAD is approved, H4 can work anywhere in any job.


Thanks much Jasmin.

That would be sweet I guess. My PD is Oct. 07. :)

Thanks guys for all your responses, much appreciated. not sure whats the RFE about, still waiting for the document, little bit tensed ....

Our I485 approved today and officer told us we will receive our cards in 6 to 8 weeks. Thanks

Your wife will provide affidavit of support too. But if income is not enough, you can get someone else to be joint sponsor.

Hi
directly spoke with the staff of Sen. larry craig....

you should be fine. do you have a valid transit visa? i think you need to have one if you are travelling through the European Union.

Thank you. always good to hear some sane voices.


Please think:

A. WHY will ACLU assist us? Only because Ms. Singh is there?

B. WHY should Dr. Singh or Mrs. Gandhi assist us? We are trying to emigrate FROM India, NOT immigrate to India, after all.

C. Please do not formulate random "minority community" statements. It is kind of ironic to do so, given the fact that we, the EB immigrants, are usually parts of various minority communities in the U.S., and are desperately trying to make our case to the power structure here...

CIR does not help LEGALS .. its for people who broke US LAWs

We do not need CIR ..

It doesn't have to be. We should make it ours too!

No more slavery to Desi Consulting companies, so help IV to help U get the GC.

My RFE is with regards to Employer's ability to pay. Somehow, my employer hasn't submitted anything yet and the deadline is on Thurs Oct. 11. What will happen if we are not able to submit anything by the deadline? Will the app automatically get denied?

I assume you mean "Be prepared for some grilling ....".
I don't see why US would care if I am returning back in a week with a valid GC. I can imagine canadians asking me if I have abandoned my canadian PR status or not.

For some grilling by both CBP in the US and also their Canadian counterpart. You should've surrendered the Canadian PR or US GC based on where you wanted to live permanently. It's not illegal to be a PR of both countries, but if the Canadians know and if you've claimed any sort of health insurance in Canada, they'll send you a bill for it. All this is not to scare you, but first hand experience of my cousin who lives on the border and works for a Detroit based company.

Hi
I have my Labor and 140 approved. (140 approved in Jan 2009)
But my employer is not ready to provide me with copy of my approved PERM labor and 140. Just like any other employer.
So I am planning to request both of this by making FOIA request to DOL and USCIS.
I have done some ground work for that. Now here are my questions.
1) If I haven�t applied for 485 yet will USCIS/DOL release this document to me?
Or are both of this employer�s petitions?
2) I have heard that after six month of 140 approvals it become employee petition.
How much true is that?
If anyone like me (who haven�t applied 485 yet) got their copy of labor and 140 through FOIA. Please share your experience.

any more help??

I am in.
What do I need to do apart from contributions and convincing other friends to vote on the above thread?

After voting on the thread, could you
- Email ivcoordinator@gmail.com with PD, ph#,email & subject "I485 filing impacted�
-- This info will help to organize the next activity.
- Read this link. This has helpful details to reach out the fellow impacted members. http://immigrationvoice.org/forum/forum70-self-filing-documents-forms-directions-mailing/1845295-support-thread-for-i485-filing-w-o-curr-pd-initiative.html#post2243885

Happy to know that your friends are joining to get our relief.

Mine is Feb 2007 NSC. I-140 got RFE on Oct will be replying sometime this week.

Looks like they may work on May 2007 cases sometime this month occording to NSC progress.

please share your inputs

Hi,

My labour was approved on 23-Jan-08 and its expiration date is 21-Jul-08.

I recently got my 140 receipt notice with receipt date as 24-Jul-08.

I am wondering is my 140 is filed with in the valid time.
Is there any rule like do we need to file 140 with in 180 days of labour approval.If so will my 140 get approval or denial.

pl give me the response.
Thanks for looking this.

As long as your application reached the mail room on or before Jul 21, 2008 then you are good to go and don't worry about the date on 797 receipt notice and remember to save the delivery proof. If it has reached after Jul 21, 2008 then your case will be denied because your labor is no longer valid from Jul 22, 2008 - you will have to start everything from scratch

not really, but close.

i-94 expire 10/01/2007. married 09/12/2007. i-485 received by uscis on 11/26/2007.

Surge:

Your authorized period of stay ended on 10/1. Your marriage does not matter. The only reason you MAY be able to adjust status in your situation is the fact that you married a U.S. citizen. It is VERY risky to leave the United States before your I485 gets approved. Please consult an attorney before doing so. AP does not guarantee re-admittance especially when one was EVER out of status.

If we were not present there would not be jobs for the current american colleagues of ours.

If Andy Grove was not allowed to immigrate, there would be no Intel in the USA.

If Sergey Brin was not allowed to immigrate, there would be no Google in the USA.

If Charles Simonyi and others was not allowed to immigrate, there would be no Xerox Star, no Mac and no Windows in the USA.

If .. <Add other names here>> there would be no Silicon Valley.

I and other outsiders have created countless jobs and maintained America's technological superiority.

... So I respectfully disagree with your statement about us displacing jobs :)

- JK

ok. convince yourself then, that you are all of the above names you just rattled off.

Dinosys,
Please do not ask to stop working on I 485 filing.
We have a chance to understand that you are mean and selfish.
Please stop your arguments and creating new threads on this issue.
Try to understand the frustation of the guys who complted I 140 and waiting to file I485.

Here in IV Most of the guys are waiting to file I485 . Maximum guys are contributing from the same group.


Asking for greater job flexibility is the goal that IV can reach within this session of the house itself. This is what it should focus upon. This will mean that within a couple of months EB based GC seekers will start getting offers with better salaries and better benefits.[/QUOTE]

So, is MS + 2 the safest way to go? Also, what is the min. salary requirement that DOL accepts if a job requires MS + 2 (say in CA).

I called and left a message for the President.

Please call BEFORE 5 pm Eastern.

Hi,
I had sent an e-mail to my attorney...below is his reply...looks like i will get my renewed EAD before current EAD expires.


USCIS typically issues new EADs within 90 days. If they don't, you may make an Infopass appointment to appear in-person at a local office to request that they process an interim EAD. The local office will not issue an EAD. Rather, they will contact the Service Center which will typically issue the EAD within two weeks.

My friends lawyer screwed up the application and it was returned. Later on it was filed and got accepted without their help. Now they are billing him and threatening him. What can he do?

Well you can always get the Equivalence Certificate from know Evaluator. USCIS also uses few Evaluators� for various purposes. You should find one of those and get the Evaluation done by them. 3 year Indian degree is VERY MUCH equal to a 4 years BS degree in the US. It's very interesting they way these evaluators do it.

It is true that you can use evaluators but things may get tough very soon, hence my request to everyone is "be prepared" and do let us know.

thanks vikram! good job! i have it in my bookmark already. :D

Good question...any one experienced

If this work, it will put you on better negotiation table also.:)

I am waiting for transcripts from india. Once i get them i will post them along with original certificates and fedex return envelope. Will keep posting updates regards to this.

Jay is going to speak now. Its an interview.

babu123
When had filed my I140 I did send my coworkers reference letter ...yet i got a rfe requesting for employer's experience letter..
I was in a similar but totally different situation. I wanted to use the experience as a Grad. Assistant for my I-140 stage. The problem was, my professor was no longer with the University. My lawyer suggested that I obtain a letter from the professor on a plain paper and make sure that it is notarized. The letter had his address and cell phone number and "Formerly, Asst. Professor at xxx Iniv".

There was no issue with the I-140 approval.

Lot of people out there without receipt notice who filed on July 2nd or before�

Regarding ReceiptingTimes081707, in other threads some of the senior members explained that it means they enter the data into the database� and will take 2 or more weeks to post them back to us/attorney..

All:

My parents are going to visit USA first time. Does anyone of you suggest Medical Insurance information ? I am not sure which company I should choose for visitor Medical Insurance.

I bought Visit insurance for my parents when they visited USA. Infact one of my friend who is a doctor has suggested me this.

Here is the link www.visitinsurance.com

I believe I have opted for Plan A.

Good luck on that.

No necessarily protected. Anyone who overstays their I-94 is removable (deportable). However, some people can contest that in removal proceedings. One basis to contest a removal order is because the foreign national is married to a US citizen and/or has an Adjustment of Status pending.

The problem with VWP entrants is that they sign away their rights to contest a removal order, even if married to a US citizen (unless they claim asylum). Worse - they can be removed without a hearing in immigration court, simply by an order of the local District Director. In theory, a VWP entrant who overstayed could file for permanent residence and be issued a removal order and put in detention when s/he turned up for the marriage interview at the District Office.

I don't mean to terrify you, and most district offices do approve cases filed by VWP entrants, but please check with a local attorney before filing anything.
__________________


Thank you very much for clarifying that for me,ok so first thing is to find a reputable immigration attorney close to me in Texas City.

Thank you for your time it is very much appreciated,

Paul

Weird is cool in my book =)

What are you talking about?
Somebody here said Zoe Logfren was able to get her bill passed on wednesday. All I am doing is asking what was passed and where?

Am I missing something?

Sorry, that was not directed at you, it was directed at the agenda that mirage is trying to set the agenda.

Hi
I clicked on the link provided but unfortunately I was not able to watch the video, can you please share what was concluded at the end of the session, any measures that they plan to take?

Thx

When the papers are prepared, attorney will send it to the candidate to review and sign it. Dint you find the flaws then? if not, then it is your mistake and the attorney will bill you for sure.

My attorney sent a draft from for me to fill it out. I filled it in and sent it back to him. He filled the original seeing the information from the draft with lots of mistakes. Then he sent the filled original to me. I have to review it again and fix all the errors. Then he corrected it and sent it back to me. Then again I have to review and sign. So the responsibility lies on me and not with Attorney.

My friends lawyer screwed up the application and it was returned. Later on it was filed and got accepted without their help. Now they are billing him and threatening him. What can he do?

I have one of those overpriced twirly brushes sold by Arctic Butterfly but have used it exactly once. Blower bulbs work fine. If you don't have a photo store nearby you can buy exactly the same thing at a drug store - except that it is white and called an ear syringe. Make sure you follow the camera directions for sensor cleaning - you will have to lock the mirror up to be able to direct the air at the sensor.

As for formatting, I generally format the card every time I put it back into the camera rather than delete the images at the desktop. I don't believe it does anything special to prevent problems but it is a just convenient of deleting photos and folders.

I have had one card fail completely.

Last week, Congressman Jason Chaffetz (R-Utah) introduced the Bipartisan Reform of Immigration through Good Enforcement Resolution in the lower house of Congress. According to Congressman Chaffetz, the resolution does three things: � make E-Verify mandatory for all employers, and hold employees accountable as well; � provide sufficient border infrastructure and manpower to secure and control our borders; and, � reject amnesty and any legal status which pardons those here in violation of our laws. At first I thought this was the usual anti-immigrant measure we expect to see from the folks in the Immigration Reform Caucus. But an interview with...

More... (http://blogs.ilw.com/gregsiskind/2010/01/compromises-coming-on-immigration-reform.html)

With democrats in disarray, they would be even afraid of saying the 3 letter word CIR. nothing this year, an election year, so let's start thinking about 2011!. isn't this sad :(

can you guys suggest how to proceed with my cases... where i am totally screwed up.
When I started to work in usa I was working for an employer in NJ after an year I got a better job offer and started to work for another employer(for whom I have been working for last 2 years).
Last Month I applied for my I140 with current employer work experience letter and co-worker letter (of my ex-employer in NJ). Now that I have an RFE for my I140 requesting me to send employer experience letter of my ex-employer. When I called up my ex-employer he was rude to me and firmly denied to provide any letter and hanged up the phone. Due to this RFE I am not able to proceed with my I485. Please let me know how to proceed...Thanking you all in advance.

Please consider asking your lawyer/attorney to send format request for Employment Verification (include job title, Duration, Salary and Skill set) by certified mail and a copy of the request be e-mail.

----------------------------------
Permanent Resident since May 2002

Please let me know if i can give Continental air lines "one pass" miles. i think i have around 20000.

Requesting other members as well to donate

The embassy is free nowadays... calendar opens up 2 weeks before. I went thru the process 2 months ago...It was the same.

Are you sure? it is going to be too much pain....

It is no longer available.

I was in the same boat 2 years before , I opted for Kaiser and it costed about $200 per month.

What is Kaiser and how to get visitor medical insurance?

-M

I called NSC today. This time a lady answered my call. She did not help at all. I told her that I have received all four FP notices with misspelled Last Name. She was asking where these noices came from; I said NSC. She looked up the case and said I have already opened an SR for typo and she can not open another one. All she said is I should go to ASC for biometrics and inform there to correct it. I am not very sure, if correcting the typo at local ASC office is all its needed. I will update you guys once I go there on Friday.

Received a mail for myself and my wife. welcome to USA. But no email from CRIS.
:):):):):):)

Congrats and Best Wishes , After a Long wait !!

Thanks. I'll try SSN based on AOS. If they refuse, I'll get EAD for my wife.

Hi,
My CP interview has been sceduled at New Delhi consulate on Aug 26. I do not have any PCC (Police Clearance Certificate). can I get it in India from local Police station. I know it would be possible in India after giving Rs 100- 200. Anybody please give me the format of this certificate which I should ask them to prepare

Please let me know if PCC is must from US consulate only

Hopefully you have not sent email to US Consulate, Delhi asking what they suggest on this.

Looks like you have not been to India for a long time.

Even local police personnel are well educated on why you are looking for police certificate and its value. Also if it is related to US Immigration, most of them have instructions on what to do.

So please be prepared to face it. If you end up doing what you have asked for, it will not be that much cheap.

A coffee in a Level 3 city costs Rs.25, A lunch costs Rs.60- Rs.100. Do you think a PCC can be obtained for Rs.100 - Rs.200 targeted towards US Immigration?

You will be surprised to see yourself counting every $ spending in India. Thats the reality now.

Basic Rule: Be patient on any treatment you receive if you want to get your job done. At this short time, do not send passport in mail/fedex/ups/usps to any place. Even if it is expensive, travel.

Good luck.

Thank you for reply.

Can I request to port 2003 PD at the time of filing 2nd I-140

or

Should I first get 2nd I-140 approved with new 2007 PD and then try to port old 2003 PD while filing for I-485.

Job description, salary does not matter in porting PD. Is there any possible reason CIS may not port the PD though old I-140 is not revoked by employer.

I appreciate your input.

Thanks

Hi GCInLimbo,
I also did the same thing what you did. I applied for my h1 extension and as it was pending for the last 6 months I joined a different employer by filing a new H1B (Approved after premium processing). So, I was without any approved H1 for 6 months (basically maintained legal status on pending H1).

Now, my old employer reverted the pending H1B as I left the company.

I also applied for my I-485 with my old employer in 2007, but I have not received NOID so far. Looking at your case I may also get a NOID.

Please update me of how are you proceeding with your case.

Thanks,