Anne Hathaway Catwoman

USCIS Proc Times Update 06/15/09
NSC I-485 Sept 1st 2007
TSC I-485 Aug 17th 2007

Dear Mr. Rude Know it all aka austin gc,

I guess u meant theriyumo theriyatho(thriyumo thriyatho??). It suits you well.

I would appreciate if you keep your suggestions to yourself. keep your corrections/suggestions to the topic as i was not addressing you or anyone is personal. Guess the basic manners of "non personal attacks in public forums unless personally addressed" evades your pea brain. Do not address me anymore, post about the topic to keep it a healthy discussion. It is one thing if you corrected me / its another that you had to talk about my 2 cents and suggest me names. Do not bother attacking me personally , you will be ignored !.

On the topic, the thread opener can talk with his lawyer on what i posted.

Even if the current 140 is delayed/denied(God forbid) for any reason, he can always file for another fresh 140 on the same labor. The labor does not get cancelled as long as the first 140 was filed within 180 days of the approval of labor.

Robert, unless the 140 had a issue with some educational req in labor that you do not meet, you will be able to keep your same PD, even in the worst case scenario of filing for a fresh 140.

varumo_varatho,

I do not know you personally and I did not mean to attack you. First of all I am really so sorry that you felt that way and I apologize for that. When you post something in the forum, it’s not personal anymore. There are lots of people give free opinion based on rumors and confuse the person. There are a lot of so called lawyers around us who makes so many mistakes and ruin innocent people’s lives. In my opinion, people in the forum know immigration policy better than them. That’s why folks come here to post their questions. I have been around in these forums for years and years and reading several forums since 2003. I do not post anything unless until I had personal experience or I know the answer for sure. I have seen people repeatedly post incorrect information which completely contradicts original poster’s question. So once again I apologize and I have nothing personal against you.

Let’s come to the topic. The original poster clearly mentioned that his 140 was denied and his current H1B approval was based on his pending labor and since he applied for I-140 it is not pending anymore. Your answer was ‘He can file extension based on approved labor’. He did not mention anywhere that he filed his extension based on approved labor.

You said ‘H1b extensions can be done based on approved Labor alone. You need i140 only if you need 3 year extensions. You mentioned the extension filed is based on approved labor. You I140 status does not matter for 1 year renewals. This is my own experience’.I had asked you to tell us exactly about your personal experience to clarify things here but you did not post it. I think you may have forgotten. Again, I am not attacking you personally but wanted you to post your personal experience that was related to the original posters question here, so people who read this particular topic can get educated including me. You are welcome to post any link to USCIS guidance if you have one.

If you want to say anything about me other than the topic then you can send me a personal message and we can talk, so we will not waste everyone’s time. Yes, I made a mistake by asking you to change your screen name but lets take that away from this topic.

Here is my recent experience. I have only 2yrs out of 6yrs of H1B.Recently i applied for extension(applied for 3yrs instead of 2yrs based on approved 140) and received RFE from USCIS and asked for approved copy of 140. We send it and got the approval.

Thanks

Hi Kmdhar,
Thank you for your reply. My issue is I don't have an approved I-140 as the first one was denied and 2nd one is pending.
Any thoughts on how we get this extension petition approved to the max of my 6 years?

Dark Child has no votes, someones gotta vote for him, hes got a really good layout.

thx man :thumb:
but it doesn't matter that much, dave's is better, i can handle that ;)

Received FP Notice in mail today

485 RD: Jul 2 2007
485 ND: Aug 7 2007
FP ND : Aug 14 2007
FP Date: Aug 28 2007

Bump

Excellent stuff.....

Hi all,

I got my H1-B approved last year (through the lottery) and my start date was 10/01/07. My company was not doing well and so did not hire me until end of Nov. I have been continuously working since then. I did not receive any pay in 2007 and my company has been lagging behind on pay checks.

Problem: I have received pay checks only till Dec 15th, 2007. Till date, I have not received my W2 for 2007. My husband has filed a tax extension and we have time until 10/15 to file our tax now.

Questions:

1: Can my company issue a W2 for 2007 now ?

2: What are the impacts of not getting a W2 in a year, even though you have legally worked for a company ?

3: My husband has filed for his GC and is currently waiting for his I-140 and I-485 (both filed concurrently last summer). Will there be any problems in my I-485 because of my W2 issue ?

4: Is there a problem if my husband files a joint return without my W2 ? Is it even possible ? I do have my SSN and that is the only info that is being asked about me while filing the tax.

Thanks in advance.

You company must provide you the W2. Otherwise its illegal. Ask them to give you the W2 or contact IRS/DOL

Hi guys,

Please respond to my previous post and help me, if you can, as soon as possible. I planning to fix an appointment. Your help is greatly appreciated. Thanks in advance.

Just Voted, thanks for posting.

Also, my understanding is that: AC 21 need not be "INVOKED". Its "AUTOMATIC"...its a law, in place. I have seen so many threads here using the wrong terminology when it comes to AC 21. It is absolutely not necessary to (so called) "invoke" AC21. When you move to a different place you have to file AR-11 form and send it to USCIS...thats all you got to do. AC21 is automatically take care of.

Just my 1 cent :D

*Disclaimer*
I am not an attorney. Please take advice from an attorney. :cool:

You mean AR11 would take care of AC21? I am confused the AR11 is for change of address? How would it work if one's residential address is still the same but employer has changed...do you still file AR11 and you are covered under AC21?

Bump..^

Yes he can apply EB-2 and claim experience gained from the same company as long as the new job description is 50% different from the current job position.

I don't have MS, my promotion job requirement was BS+7 Years out of which I claimed 2 years from the same company. Attorney had to prepare a document that shows the difference between the future job and the current. I had my labor approved without issues.

Normally you wouldnt have any issues during labor process. The EB2-Eb3 is more scrutinized only during the I-140 approval.

We are planning to travel India and getting stamped at Mumbai (H1, H4). After taking an appointment, how to send papers to Mumbai consulate from USA? I heard that someone has to go personally to submit the papers. Also, should we send papers to VFS or US Consulate?

Can anyone please guide or help?
Thank you so much.
Jignesh

Thats the Senate and House for you...they get up very late since they party late into the night!...:)

Well Said.

Hi All ,

Im trying frantically to post this as a new thread but in vain . I would be ogliged if any1 of u can guide me through the process . Also not wasting further time i would like some info which is purely based on my discretion , but suggestion is well appreciated from u end .I would like to know wat r the things to be followed in h1 . Currently im facing issue with my h1 ie , my h1 was approved from this year lottery and it had a query which i have sent a letter to ins through my consultant , in aug but i have not recd any update so far . Im all confused as to what is my status coz at time im told that im on student visa and at time on h1 . Also if i find a job i will be paid only wen its valid . currently i stand on a crossroad of confusion , agony , pain and frustation . pls some 1 guide me thrgh this and if reqd i would apprecciate if u can also mail me . Trust me this info will be only confidential . i have loads of queries and from the time ie if my so called h1 is approved then i have still not got a job and my employer is done nothing much to market it . wat time frame do i require to be on job . pleaseeeeeeeeee help .email me at niharika.das13@gmail.com


thanks a zillion for ur patience

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I was one of the candidates who had this issue, I was given a 221g in 2009 Dec at mumbai consulate.

I was not asked for any documents, and the officer told me that my case has been putup for security check and I can expect a reply back from Washington DC within 2-8 weeks.

I received a reply on my case after 3 weeks and then I took the copy of the reply and submitted my passport at the mumbai consulate for visa stamping, 3 days after
submitting my passport I got it back with visa stamped on it.

Please note in 2009 I was in my 7th year of H1B, I had EAD and AP during that time and I have a permanent job and have been working for the same firm for last 6 years.

Regards,
Deepak

Folks:

I was just informed by my lawyer that there is a potenital for significant delay in getting the visa stamped due to security checks. I assume it is PIMS related. My questions is:

1: Has anyone experienced such delay recently at Delhi Consulate? Please note that last visa H1B expired in Aug 2010.
2: Is there any proactive steps I can take before going to India and make sure that there are no delay due to PIMS verification

I also read somewhere that there is a way to get PIMS verification done while in US.

I will appreciate your responses.

Dear gc-rip,

1. As I mentioned, my AP is applied and expected to be renewed till Aug 2011. If I leave my current employer, according to the company policy the underlying I-140 will be withdrawn by the current employer. Would that invalidate my AP already approved, or would it be unaffected and I can safely travel back to USA till Aug 2011?
If I travel after a long delay of 8 months would can cause any issue on AP based entry?

Assuming your I-485 has been pending for more than 180 days and your I-140 has been approved, the employer's request to withdraw the I-140 would not invalidate your A/P. As long as you can show that full time permanent US employment in a "same or similar occupation" will be available to you once your PD is current, you are entitled to enter the US using your AP at any time prior to its expiration.

2. To renew my AP beyond Aug 2011, can I just travel for a short time to USA in April 2011, and file the renewal? And later by Aug 2011 return back to USA and collect the new renewal?

According to minutes of a 2004 USCIS liaison meeting:

USCIS: (a) If a foreign national (i) already possesses a valid, unexpired advance parole, (ii) applies for a new advance parole while he/she is present in the U.S., and (iii) then departs the U.S., the foreign national must return to the U.S. during the validity period of the current advance parole already in his or her possession. If the foreign national returns timely, abandonment of the pending advance parole application would not occur. However, the foreign national may not remain abroad after the initial advance parole expires and then seek to re-enter at a later time using the subsequent advance parole that was pending adjudication at the time the person departed the U.S.

Unfortunately, informal statements such as this are not legally binding and easily subject to change.

Any thing related to EB immigration, whether it be H1B cap/VB/Retrogression, it has been spreading like wild fire and traveling faster than the speed of wire. On one occasion, I felt that we and lawyers are probably giving more input to the USCIS. Some rumor/educated guess kicks off some where and it ends up in the lap of USCIS. Like H1B cap. People predicted and predicted non stop for 2 months that it will be over on day one. Its not a prediction. It was a forced situation to some extent. This whole VB revision is similar, if it happens