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I just received a confirmation email that I485 of my wife got approved just a couple of days back. But I myself have not received anything. Its kind of weird because she was my dependent and I was the primary applicant.

Can somebody please suggest if they have seen something like this before ?Do I need to do anything ?

It is not wierd, i have heard about such cases where dependent gets approval prior to primary. You may want to take an Infopass and visit the local office and inquire with them regarding your case. I think you should see your approval pretty soon.

I'm from Bangladesh and my PD is May 2006....EB3

I applied for my I485, I765 and I131 in July 2, 2007. Then me and my wife received the I765 approval in couple of months then the real drama began.
In October i received the letter about our i131 denial. The reason for the denial was approval of I485 (I485 approval news was mentioned in my i131 denial letter). My lawyer then told me to wait couple of months to receive my cards. I waited but didn't receive anything. The I called the USCIS and they told me that there is no update in the system and they requested me to go to the local immigration office to notify the matter. After visiting the local immigration office they asked me to write a status request letter to USCIS.

Me and lawyer already wrote 4 letters to USCIS requesting the status of my i485 as my i131 got denied. Finally one of the cases status for i131 showing online that you�re RFE has been received and case has been resumed; and the other one is still case denied. On the other hand the i485 for both mine and my wife's case still showing like it was showing six months ago..."received and pending"........

I�m totally confused in this present situation. USCIS never requested for any RFE against my i131, so why they put in the online status that the RFE has been received. All I did was requested for the I485 applications as they mentioned in my i131 denial letter that my i485 got approved��

Some help here will be highly appreciated��.thanks in advance

Hello Everyone!

I need opinion on whether one can change location after labor is approved for one area.
Let�s assume one is working for company X in city A. Labor is approved (I-140 is filed) and company wants you to relocate to city B.
How does this impact GC process?
Do you have to start again?
Or one can carry PD from prior Labor?

Your inputs will be greatly appreciated. My husband and I are trying to decide the best strategy going forward since our latest fiasco with labor due to negligence on lawyer's part.

Best

Instead of going to several forums and finding the answers for our problems. its better do a search and get the results from all the sites.

Great creation.

Thanks!

Yep.. Cheer up however we can.

note to myself: obessesion with anything is no good. Don't check back at this site ten times every hour.


LOL

good one my friend...but even with SKIL how many of us are already sooooooooo frustrated and sick of waiting that we / they may still think twice about enduring the famous I-485 stage nuances (name checks, background checks and all other checks) and with all that in mind still decide to 'hang in' and eventually get GC ..?

Anyways, I'm afraid GC just turned into a great 'Waiting for Godot' situation - but we haven't realized it yet :rolleyes:

Congrats.
Labor filing date(not approval date) is your PD.What was the filing date?

It is EB2, labor approval date is my PD - No idea, why profile does not show up.

yes, GC is for future job. But if you are working with the employer while the GC in process, it is hard to substantiate that you are doing similar job in Team lead and in Manager position. There are job codes http://online.onetcenter.org/. These are the guidelines followed by USCIS. Any employer will not allow this to happen as an audit will cause this employer to be on blacklist with USCIS.

You can take any job and role until you adjucate 485. Once your adjucate the 485, you have to come back to the role defined in your LPR and stay there for a while. There is not strict guildeline for the timeframe on how long you have to do the current role once your have your GC. My company attorney recommends 6months to a year. After this, you are safe. Nothing will be a problem if you do not follow these guidelines until you go for naturalization(citizenship).

Currently my labor and 1-140 has been approved. But i havent been able to apply for I-485 due to retrogression. Hence if i change my job now and re-apply for labor will i continue to get extentions?


Also can anyone advice me that for a PERM application the pre-application i.e advertisements and stuff takes how long before i can actually apply for the labor. Also in Perm How long does one have to do the pre-application (advertisments etc)?

Can someone please help?
My EB3 perm took about less than 5 months from pre-app to approval, during which there was about 3 weeks of delay due to my own mistakes.

Pre-app ad campaign for me took the lawyer about < one month for the job description, one month for posting, and two months for interviews and filtering and stuff, maybe another couple of weeks for final prep and filing. It was approved in less than 2 weeks of time.

Guys,

I think they are doing it across in NY.
This is really stupid. Most of the people will not have valid stamping on an expiring passport.

San Francisco was fine. They gave me for 10 years in January.

Don't know what their policy now.




Hi friends,
My brother in NJ got his new passport at NY Indian consulate (since old one was expiring soon). They gave new passport which was valid for only one year - saying that they need valid unexpired visa-stamp to give 10 year validity passport.
They said that they will NOT accept
- valid unexpired EAD
- valid unexpired AP
- valid 485 receipt
- even valid unexpired H1 approval notice (my brother still has H1 in addition to AP)
...Now it is so absurd that, even if my bro went for visa stamping (which he isn't planning), he will not probably be issued 3 yr visa as passport is valid for very short duration. A chicken and egg problem.
In addition why do Indian consulate worry about our visa status for determining passport validity duration ? If they do care then at least they must accept the legal documents (ead/ap/485 receipt/h1 approval notice) to make a decision.

I will appreciate if anyone has a solution to this problem. All answers appreciated.

I am so sad (and mad) that lawmakers of our country are still haunting us while we are away from our country and trying to contribute to its progress.

Thanks a lot for heart warming response .

I greatly appreciate your comments .

Ask him to go to hell!!!

Pls go on and join wherever you like and tell him this is a free country like India.Go to a lawyer and sue him if he talks any further...Not to worry,my friend.

I was on bench for 4 months in 2001. I have 2 times H1 transfer after that and visited India couple of times. I have regular pay stubs from 2002 onwards.

Can this create an issue while IO is working on my 485 application?

They usually check tax returns last three years. Some time go up to five year. 2001 just forget it.

EB3_NEPA

As Far I as know we cannot have 2 Visas at the same time. The logic behind this is, L1 Visa is specifically meant for Company Transfer and you need to be having at least 1 year in the Company even before applying for L1 Visa.

And coming to having H1 simultaneously is not possible as you will be doing a transfer from H1 to L1 as you are still in the country and your H1 visa becomes invalid. Also the 6 year limit applies to both the period spent on H1 and L1.

If you would require to start afresh , then you need to go back the country and get fresh L1 visa stamped and that would be valid for 6 years...

I was in the same situtation and had to transfer from L1 to H1 as I did not want to go through the Visa appointment hassles.

Hope this helps...

All,

Even though there are other threads on this topic, I wanted to start a separate thread, as I had some unique questions. I am at the zenith of frustration and at the age of 37, I feel like my career is slipping away while waiting for GC :(

My employment scenario:
- Been with the current employer since Jan 2001
- Less than 5 years experience before I joined the current employer
- Have an MBA that was not used to the GC application (applied in July 2003) since I was a programmer at the time of GC application

My GC scenario:
- Applied for GC in July 2003 under EB3
- Applied for I-485 in July 2007
- Approved I140 and EAD in hand
- Even though I have EAD, I continue to use my H1

My new role in the job:
- After being in the job for as long as I have been, I am now doing Business Development that makes use of my MBA

My questions:
1) Lawyer asked me to wait it out for the GC instead of trying to convert the application to GC2. Lawyer says new labor applications are getting under scrutiny a lot more than before and he think it is prudent to wait. Is this reasonable?

2) What are my other options - do you think I can ask my employer to apply fresh EB2 application for the business development role and show my MBA? Not sure if they will agree to my request, but wanted to make sure that it is even possible to do that.

3) Can I change my job based on H1? Or change the job based on EAD? If either way I change my job, can I then ask the new employer to apply for my GC under EB2? If I change the job, and if my current employer agrees (I don't why he would, but just for understanding sake), can I retain my current EB3 application?

Any advice is greatly appreciated. I am at a point of giving it up and going back to India, but then that is another big decision,

Regards,

Start off your infopass with the following question.

I am really desperate....would you help me, pretty please? ........

And then proceed with the other questions you have on your list.

After you are done with all your questions and assuming USCIS hasn't kicked you out of their office, make it clear that you want USCIS to look at your application before others ahead of you in the queue. If they don't, "you will be back" for another infopass.

But am looking for relevant information rather than experiences.

We got our mexican visa (going to mexico on vacation for 10 days) two weeks ago in Raleigh, NC. It was a breeze. I got a list of things that they wanted to see including

1. passport
2. US visa or approved I-797
3. Proof of residence in US (house tax bill etc.)
4. Air itinerary
5. Completed visa application form
6. 2 passport size photos
7. $36 per person visa fee

The process was fairly smooth. I was able to get my passport with visa the next day. My friends went a week later early in the morning and were able to get their visa with an hour and half on same day.

I think you need to talk to the CPA for tax and not lawyer....

This came from a real estate lawyer... usually they know what they are talking about. But you are right, wont be a bad idea to run this by a CPA

So did you answer the RFE ? ....

Thanks Guys ..... Nah, I am still waiting for that, will update you once I got it ....

If your going to take a photo after dawn and before dusk you may want to think about investing in a two-stop grad ND filter. Cokin makes the holder, adapter and filters for a reasonable price. They would make a noticable difference with the bright sky and the green landscape. Just a thought. I'm very happy with mine. Hope this helps.:)

[source: http://www.jackson-hertogs.com/misc/permdesc.htm]

The PERM form includes an attestation that asks whether the employer has laid off any employees in the occupation, or in a related occupation, within the past six months. If the employer has laid off workers in the occupation within the past six months, the employer must attest whether it contacted and considered these workers for the job on the AEC application [this step is called "Notice and Consider"]. For some employers, a layoff may mean that a PERM application cannot be filed until six months after the date of the layoff.

Hi All,

Right now Iam working with company A.
My old pending labor got approved with my
previous employer. Can I file I-140 from my previous
employer.

Looking into the present situation. Senior's
please give your valuable advice.

Thanks,

I will need to extend my H-1B next year. So far I have found 3 immigration lawyers who are not that expensive and seem to be responsive to queries (email or phone). Comments from anyone who has experience with any of these 3 attorneys will be appreciated:

1. Prashanthi Reddy - http://www.reddyesq.com/
2. George M. Sabga Jr. - http://www.us-immigration-attorney.com/
3. Andrew Dutton - http://www.immigration-counselor.builderspot.com/