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I also got the same mail and I sent the letter to my company attorney who responded.
Please attach both the EB3 and EB2 I-140 approval notices, EVL from current employer which matches or similar to the one specified when you filed your EB2 labor. Also attach the latest paystubs.

EB3 Priority Date : Oct 2003
EB2 Priority Date: Mar 2006
I485 Filed - July 31,2007
2 EAD's
3 AP's
I 485 Approval Notice email - 26 Mar 2010

Hi,

I am a F1 student and am on OPT now. I got my H1B visa approved from Oct-1 2006 to Sep-30 2009.

But my school said I cannot get my degree certificate till December 2006.
My question is when I apply for my Green card will I be considered into EB2 list or EB3 list. On what basis will this be decided.

Please suggest.

Thank you,
Vijaya.

There are two requirements of EB-2. First is the minimum requirements of the Job and the second is the degree that you have earned BEFORE you joined the job.

So if the minimum requirement of the job is M.S. degree and you also had earned a M.S. degree before you joined the job then it will be EB-2. Remember, the US CIS & DOL consided goes by the date appearing on your diploma as the graduating date. No amount of letters from the dean or your supervisor will convince then that you earned your degree on a date before the date that appears on your diploma.

I don't get it - where are the rest of the 2468 members?

Can we send out a blast (through Pappu) to everyone on this forum?

Our need will be felt much more strongly is ALL of us participate - right guys? I'm kind of shocked that the number is only 32!!!!

Having 3 days left for your date to be current does not mean much if you are thinking of getting your GC on oct 1. Not everyone gets the GC as soon as the dates get current. Ask people whose dates became current in June. Have you also checked if your name check is cleared?

Anybody who works for consulting co. got extension approved ? without RFE ?

In one of my friend's case they approved H1 for 6 months, because he had contract only for 6 months. He just completed 3 years and this is his first extension request. :eek: Who the hell in this world writes contract for more than 6 months even if they have requirements for next 2 years.

Another case I heard was immigration officer at POE granted only 1 year I-94 even though he had 2 years left in his visa. It seems IO spoke to candidates manager and advised him to hire someone locally and get him trained within a year.

Are we in real United States of America? So much of hate around.

Doing smart things like this may get you deported from the US without any chance of return for 5 years . Be honest and follow the law .It against the law to work in one country and get paid in another .

I was looking for getting VISA for my Niece and Nephew, who are below 14yrs. But I didnt find an option for them not going to consulate.

it take more effort n paperwork to get the visa without going to consulate even for the kids below 14, better option is to go to consulate.

hi,
this might look an essay but this is true ----------------
i filed my 485/ead/ap in july and i have received my ead. now the situation is very tense for me since my emloyer has stopped paying since july and when i asked for my salaries he said i will revoke your 140 and terminate your job if you crib about salary .
he is doing this to another colleague of my the same thing . now if we leave the company , he will get a valid reason to revoke the 140 and thats why we are not leaving too and we are hardly surviving without salries .
anyone has any suggestions on this issue , i will appreciate any suggestions

thanks and regards

[QUOTE=desi3933][COLOR="Blue"]1. No, unless she goes out of country and re-enters US on H1 visa on or after Oct 1st


As her I-94 is attached and COS if approved with H1B, Can she work on I-485-EAD/H4 from Aug 1 - Sept 30 and then work on H1B from Oct 1 - next 3 years from the same company?

Please advise.

I have answered this question in my last post (#1 in post). Here we go again --

By working on EAD she will be on AOS Pending status. In order to change to H4 back again, she needs to go out of country and re-enter US on H1 visa on or after Oct 1st.

Not a legal advice.
-----------------------------------
Permanent Resident since May 2002

One may choose to sleepwalk with this complex (superiority?) that I am not one of them, but the reality on the ground is different. Our cause is hostage to bitter politics and guess what the only way at this point in time we can possibly achieve our goal by playing the politics right.

BTW in politics right or wrong is rarely a consideration.

I donot encourage IV'ans to participate in this march.
It means Join hands with Illegals for noreason.
No matter "how" loud / "what" you scream in this march it will be heard as "give amnesty".

yes. i agree above

I think the author is referring to the first step (labor) which INS will undoubtfully reject a lot of applications if in recession or in down time.

Regarding your 1st issue...My lawyer advised me to attach the scan copy with 485, but definately have the originals in hand in case there is a RFE.

I don't want to take a chance, so Iam asking my parents to send it through 2nd day fedex as well. It will cost me maybe another Rs 2-3000, but what the hell..

Hello All,

I am from India and I am getting ready to file my 485 in 1st week of July. I have an approved 140.

I have two issues I am not sure about how to procced --

1. My wife's name is wrong in her birth certificate. also, my mother's name is not present in my birth certificate. I am getting both of our parents to execute affidavits. Do these affidavits need to be originals when I submit them with my 485 appln? Or my folks in India can scan them and email me and I can submit copies with my 485 appln?

2. My passport is expiring in Oct 2007. Some people have mentioned that your passport needs to be valid for six months at the time you file for your 485 appln. Is this true? I have not found a definitive answer anywhere.

Please let me know if you know anything about these questions. Appreciate all your responses.

Thanks.

concentrate on IV Rally instead....guys..
Who has gained any solace from Calling USCIS....
the tier 1 2, or 3 or Tier N at USCIS know nothing......

:cool:

This question put me to shame. We are trying to become US citizens and we do not even know Havaii is a US state.

Two year EAD as well, for my spouse and I...EB3 I-140 Pending, since May 07.

I am not an expert but this is my understanding:

there is no requirement to work for the employer sponsoring your green card. Business requirements can change any day, and if your previous employer doesn't have a job for you...it shouldn't be a problem as long as
1. you have a current job that is similar in duties
2. your previous employer didn't withdraw I-140 and your I-140 was pending 180 days after filing I-485
3. At the time of filing I-140, the job offer was bona-fide (non-frivolous). At the time of filing I-485 with other employer, the job you were employed in was similar and employer had bona-file permanent offer

You can always send USCIS informing a change of employer (AC21), they wouldn't take back GC as long as you c

I sent a letter to Rep Zoe Lofgren on July 4 after she sent a letter to Chertoff and Rice on our behalf. Below is what I wrote:

Re: July Visa Bulletin revision

Dear Representative Lofgren,

Let me begin by Thanking you immensely for standing up for the cause of legal immigrants. Your response to the July Visa Bulletin fiasco made me very pleased and re-instilled the hope in me that I had lost as a result of the recent announcements by USCIS to stop accepting Adjustment of Status applications.

It is indeed appalling that the various problems faced by highly skilled legal immigrants get lost in the cracks of the system and do not get any media coverage.

I have been in the U.S for approximately 9 years now. I graduated with a Masters in Engineering from a highly ranked school here, always played by the rules and still am stuck in the backlog delays and the bureaucracies of the immigration process.

The July visa bulletin released on June 13th a gave me and others a ray of hope which was crushed after USCIS stopped accepting applications on July 2nd. I have spend huge amount time, effort and attorney's fees preparing all the paperwork and submitting it to USCIS on July 2nd.

Again I want you to know how much me and other skilled workers in the same situation as me, appreciate your taking up this issue with Dept of State and USCIS. Thank you so much for your help in this critical hour. Please help us in resolving this issue and also discuss this with your colleagues in congress so they may also take up this issue with the Federal government agencies.

Sincere Regards,
XYZ

My husband is working on H-1 B and his I -140 is approved and I am on H-4 visa. I am trying to get in US medical residency and most likely I will get J-1 visa

I have following questions -

1) Do I qualify for non-immigrant, J-1 visa considering my husband's I-140 approval? Would his I-140 approval not have my name associated to it ?

2) Once I accept J-1 visa, would I be able to file I-485 when my husband's PD will be current?

3) If I decide to quit residency after few months/year to file, would I be able to convert my J-1 visa to H-4 visa again?

4) After converting H-4 visa would I be able to file I-485 once my husband's date is current?

5) How difficult or easy is to get J-1 wavier

Thanks in advance for your replied

Thanks.

Can I go-ahead and file now and include my Wife later into the I-485, in about 4 months time.

I think you are ok. Nobody got I-485 approval in 4 months. So, don't worry. You can apply anytime before your 485 gets approved.

It does not matter once you get your green card. Those restrictions are till you get the green card. For now, she has no restrictions. But as the person earlier pointed out if she applies for your gc, it will take 5 years if she is just green card holder but it will only take 6 months to a year, if she is a citizen.

Now, if you both decide to live outside of US, then you need to look into what are the residency requirements for her to keep her green card status. If that is of interest to you.

What's the reason for denial? If 'ability to pay' is the reason then your employer has slim chances even for an appeal. First step is to wait for denial reason and file an MTR / Appeal. Till the I-140 gets re-instated you won't be eligible for H-1B extension on the basis of your labor certification.

Consult a lawyer immediately as you are eligible to stay only 10 days beyond your authorized stay.