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Hi,

This is the 6th year of my H1B visa going on and my max out calender date is in June-2011 (including the days spent outside USA). My Green Card application was supposed to file last year but because of economy and job market situation, my Employer did not apply at that time. Now my Employer is going to start GC processing in July/August-2010. But as per the DOL rules, my GC must have been applied before 365 days of max out calender date, to qualify for H1Bb Visa extension beyond 6 years. I have the questions below in this regard:

1. What happens if Labor is pending (not approved) on 6 years completion? My Employer says, in this scenario I have to depart USA for one year till the PERM is pending. What does it mean? Could you please give some more details about this scenario.

2. Would I get qualified for H1B Visa extension if Labor is approved before 6 years completion (i.e by June-2011)?

Kindly consider my situation and answer to my questions. Thank you in advance. I am very much worried and unable to concentrate at work because of the situation.

Regards,
swashbuckler

You don't sign I-140, your employer does. Only exception - self-petitions.

Anybody knows how USCIS will process un signed I-140 Petition? I filed for Labor substituion and I-140. I forgot to sign the I-140 petition.

May I know the implications of this? What all are the possibilities ? Will they reject the application?

I just did....keep it coming guys.....

Hi,

I have posted a couple of times regarding my earlier situation in other threads, but I decided to create a new thread since I haven't seen a similar case before. Here's my situation:

I was working for company A (consulting firm) on h1B since Oct 2005 and also have an approved Labor and 140 from A. I have applied for 485 in Jul 2007, and have valid EADs and APs (and extensions), but I wanted to maintain h1b status, since I have only used 3 years so far and I am the primary applicant, and my wife gave up her approved labor and h1b to work on EAD she got as a secondary applicant to my 485... so I really wanted to stay on H1B for that "Just in case" situation... I know I am paranoid ;)
So I applied for h1 extension in June 2008 with company A, but it was pending forever... contacted USCIS once in Nov 2008, but nothing happened... I got suspicious of the company's record since I was told that comp-A was under review by USCIS for excessive h1 usage, so I decided to transfer my h1b to Company B in Dec 2008 and invoked AC21 (sent the letter)... my original h1b has expired by then and so did my I-94, but since my h1 extension was still pending, I was told it would be ok.

In jan, USCIS sent an RFE for my transfer case requesting for various things like all my W2s since I started my h1b, EVLs from my client and Vendor, contracts between Client, Vendor and my Employer (B) etc., we also included my Paystubs for the last 6+ months and also for all of 2006 etc., and responded to the RFE in Feb, and it was again pending till mid March, when USCIS sent a similar RFE for my original extension case to company A. I no longer work with them, so I expect them to revoke my h1 petition.. so just to be safe, I applied for premium processing for my h1 transfer on Mar 13th and I got a second RFE on 3/19, which we got this week. This time USCIS sent something like this...

What is the status of your original h1 extension? (I thought they would know ;)), and since your I-94 has expired, we might have to transfer your case for Consular processing.. if we decide to do so, what is your choice for the consulate?

My lawyer said, they'll respond to the RFE explaining the current status, and also try to explain that I was in status all the time and request for COS instead of Consular Processing, but she says we have to let them know of the consulate in case they decide to transfer it over... and recommends that I chose Chennai (since company B is registered as BEP at Chennai).. she also said, since I have a valid EAD, I can choose to work on EAD if they decide to transfer my case to CP... and when I am ready to travel, I can go to Chennai to get my visa stamped and come back in H1b.
Is it true that I could do something like that? I thought once I use EAD, there's no going back. Someone please shed some light on this.

I have come to US for Masters and have worked on CPT and OPT for about 1.5 years before I got onto H1B. I was always paid well more than the LCA wage, and am currently being paid more than my approved labor wage. I have no problem in proving my legal status here, but as you can understand, I am worried and paranoid to go for stamping in these difficult times.. I am afraid they might come up with some reason to deny my entry/visa like 'there are so many citizens without job' etc.,

Any productive feedback is highly appreciated...

pal :)

Hey buddy, not to discourage you but, do you think its all worth when you have EAD in hand. I know you got 3 more years on H1-B but ask yourself a question and then make wise decision. Do you want to start all over again god forbid something happens to your 485?

1. File AR11 form with USCIS online, by giving the receipt numbers you can change the current address on file. Next day call USCIS 1800 # and confirm the address change.

2. If you are doing by yourself, eFILE EAD & AP - Since it is going to be your first EAD/AP you will have to attach a copy of biographical page of your passport or Driver License (DL is not mandatory) along with other supporting documents.

3. File for AR11 again, when you move again.

4. At the time applying for 485, I assume you have mentioned your current address in G325.

yes i did , but just asking as i am planning for applying hence thinking whether Drivers License required if so obviously addresses should match isnt?

Nice Article... hits the nail on the head!! I wish it also highlighted the need for high skilled immigrants to be able to get GCs easily too.

Hi all,

I have been trying to get an appointment from Hyderabad consulate, AP, India for the past two days on 27th or 28th of May 2009.

When I check the availability, the website shows that 27 thru 29th of May are available for appointments. But after I create and save the application it doesn't take me to the page where I can select the appointment dates. We sent an email to VFS customer support but till now we did not receive any reply.We are two H1bs(myself and my husband) and two H4s(kids).

Did anyone get an appointment successfully ?

The entire process of H1b revalidation itself is a tormenting procedure. On the top of it VFS website is really annoying.Sorry for venting my frustration.

Can anyone please help me out and guide me through the process.

Thanks in advance

Amul

Appreciate your answer,,thank you

Hi,

did u gout ur receipt notice. I am still wating on my receipt. I called USCIS yesterday still not there in the system.

Please let me know if u got ur receipt number.
any one else who are wating on receipt number who filed I-485 on july 2nd.

I am July 19th Filer. They did not have my information in the system till Oct 31st. But when I called this Monday I got my receipts as they were entered on Nov 1st. As per USCIS they are done receipting all the applications received in July- Aug.

You might want to call and create a service request.

That's goofy, I wonder why.

Just joined SC chapter on Yahoo Groups

I have an important question that I need to ask here. What is going to be Job title in employment verification letter. For example if I work in company as a Software consultant and H1B states that I am Programmer Analysts and my PERM labor has stated Software Programmer Engineer.

So out of these 3 which one will going to be in my employment letter. I am unable to get in touch with attorney thru company and our HR doesnt know what to write in Employement letter. Any advise from people who already got their employement letter from their employer.


Thanks
INeedAllGreen

Use your PERM labor one - thats the safest, I have used that - Attorney signed off saying that is right

LoL. No wonder she got caught. She is not only a thief, she is also stupid.
:rolleyes:

Whenever people post for their friend mostly likely its their own story. Good observation indeed.

Anybody else, please advice.

Hi, I recently filed my I-485 using my pre-approved Eb3 I-140 (PD:May 2004). Around a month back, I applied a new EB2 I140 and that got approved today so I have ported my PDs to this new EB2 I-140. Now, I am planning to file an amendment to replace the EB3 I-140 with EB2 I-140 attached with my I-485. Some people call this process as interfiling too. Can somebody please let me know if he/she has done it before and how long does it take to get affected?

I plan to do this but I am waiting for my EB2 I-140 to be approved. Please see below, I have attached some info I got from Mathew Oh's website. Did you say you applied for your I-140 only 1 month ago and it got approved already? I applied for my EB2 I-140 in Nov and still don't have any approvals.

//NSC Procedure of Transfer of Pending I-1485 From Current Approved Underlying I-140 Petition to New I-140 Petition
� This posting involves aliens who are waiting for the I-485 applications where the underlying I-140 petition was approved but due to retrogression, I-485 cannot be approved. Most of these cases are EB-3 cases. When the same alien obtains an EB-2 labor certification approval through the same employer or a different employer and the visa number is available for the EB-2 for him or her, he should be eligible for filing another I-485 application based on the visa number available EB-2 I-140 petition. This can be achieved either by concurrent I-140/I-485 filing or if the new EB-2 I-140 has already been approved, by filing of stand-alone I-485 application.
� However, in the foregoing situation, the Pearson Memo of 2000 allows the alien to transfer the pending I-485 application from the existing underlying approved I-140 petition to a new EB-2 I-140 petition such that the alien does not have to file another I-485 application to use the second I-140 petition. For this to happen, two conditions must be met: (1) The existing underlying I-140 petition (most likely EB-3) must have been approved before the I-485 transfer is requested. (2) Secondly, the visa number must be "current" for the new I-140 petition (most likely EB-2) before the I-485 transfer is requested. Inasmuch as the visa number is current, the pending I-485 application that suffer from the visa number retrogression can be transferred to the nex I-140 petition.
� According to the Nebraska Service Center, people should take the following procedure to request such transfer of pending I-485 application from one I-140 petition to another I-140 petition:
o Request for Transfer of Pending I-485 Application to a Newly Filed I-140 Petition That Has Visa Number Current: In this situation, he/she is filing a new I-140 petition (probably EB-2 with visa number "current") with the agency to transfer the pending I-485 application and attach it to the new I-140 petition. The NSC states that if he/she files such new I-140 petition, he/she should use "large, bold print in the cover letter or with a separate, brightly colored cover page and notation 'Inter-file I-140 with Pending I-485' and include the Receipt/File Number of Pending I-485 Application, both on the Envelope and Cover Letter.
o Request for Transfer of Pending I-485 Application to Already Approved New I-140 (most likely EB-2 category): NSC asks to print the attached over sheet on brightly colored paper, and submitting it with a cover letter providing the following Information:
 Name of 485 applicant
 Name of I-140 petitioner (employer)
 I-485 Receipt Number
 "A" Number of the 485 applicant
 Prior I-140 petition (1) Receipt Number, (2) Filing Date, and (3) Approval Date
 New I-140 to be inter-filed
 Statement requesting new I-140 be inter-filed with the pending I-485 application
//

Do you have the phone number?
Do we have to listen to the program to get the phone number?

Thursday afternoon at 2:00 EST, legal immigration will be the topic on NPR’s talk show “Talk of the Nation.” They’ll be looking for people to call in with their stories.

All members, please call in if you have a compelling story on how the broken legal immigration system affects your life and chokes growth, discourages new talent from coming into the country etc. etc.

Avoid bashing illegals or any other groups. Its not IV policy and should not be done.

We've wanted attention to the LEGAL variety of immigration debate and here is your chance to call in, and make your voice heard.

STAND UP AND SPEAK UP.

Amit's call starts at 13:00 minute of the program if you want to skip and listen directly to his message.

[QUOTE=jack_suv]Hi all,

After reviewing many posts I wanted to summarize the pros and cons of filing i-485 when one is a bachelor or bachelorette, i.e. single.

purely comical...

Getting green card is freedom

Getting married means no freedom..

just kidding..I am married and loving every moment!

People like your (friend's) wife are a shame to the legal immigration community. We come here to work hard and make a better living. I don't think, this woman deserve to be admitted back to the US and I am not sorry to be rude in this case.

Hi,

I will be applying for LC in a few days. So, I want to clarify something.

My ad says MS + 1 yr of experience.

Question 1: My 1 yr will be prior to my MS so can i use this experience ?

Question 2: If so Can I show that experience worked back in my country from my very close freind who runs a small software company ?

He is willing to give me any kind of experince letter and if USCSI calls ready to answer them.

But just wondering what will be the consequences of doing this. Obviously I can't show any paystubs or W2 forms for that 1 yr.

What are the other evidences that I may require for this other than employer verification letters ?Please reply, emergency !

In which stage in GC will they look sriously (does in conitnue till i-485 stage ?)

Why can't you revise the ad before publishing it so you do not have to resort to such measures? What's wrong with just a MS? My company files several LCs for MS and they have no problems getting approvals.

In any case, the answer to your Q1 is Yes. I will not comment on Q2 since I neither encourage nor recommend such deceitful behavior.

Thanks,
Jayant

bump...