Anne Hathaway Catwoman

and the easiest Action Item to work on. Rallying fellow IV'ans to contribute and be part of this effort is not easy as clicking on contribute now.

thx GC_ASP.

One clarification on question:

3. Can I file my spouses 485 whenever the dates become current (I meant despite myself working for a new employer on H1b.). Will dependent 485 filing need support from ex-employer?

Dear Mr. Chidanand Rajghatta,

This is in refernce to TOI's article
http://timesofindia.indiatimes.com/a...ow/1463861.cms

If you want to print that Laloo Prasad cow was sick and was taken to hospital as the headline news,, fine with me.

But please don't write about immigration issues when u guys don't research properly.

We have come here through legal immigration channels and we hope that our GC's or H1b gets cleared soon.

Most of us would have stayed back if the Mandal comission / V.P. Singh wouldn't have spoiled our lives.

Paid $25 for this month.

Subscription Number: S-3E720092N97603636

Thanks for the wishes, folks. I wish you all the very best too. Here are some answers:

You said you didn't get a chance to file for I 485 with company A , means you did transfer H1b. Did company A withdraw before you transfered H1b ? Did you do transfer with in initial 6 year of H1b ?

Actually, my first I-140 was approved after I left the company. For some strange reason, Company A didn't withdraw the application immediately, but waited until it got approved - they were probably hoping that I would go back to them, which I might still do. We parted on good terms.
Yes, I did transfer my H-1B and I was within my initial 6 year period.

Once your I-140 is approved and even if the employer files to revoke the I-140 it will not affect your status. It is at the discretion of the USCIS to revoke the approved I-140. USCIS will revoke the approved I-140 if it detects that it was fraudulently obtained.

Now to answer your question : Even if company A files to revoke I-140 before the individual files for H1 transfer, it does not make a difference to the individual.


In my case, I know that company A filed to withdraw my I-140 for sure. This will be hard to believe, but it's true: both company A and company B use the same law firm, so my lawyer knew that company A had withdrawn my I-140. Yes, the approval is at USCIS's discretion, but this is a grey area - Yates memo says that the priority date can be retained as long as the application has not been revoked by USCIS due to fraud, but the law seems to be a bit ambiguous (I am not a lawyer though). This ends up making each of these cases unique. I am just happy that I didn't have to go through a lengthy MTR process...

Premium processing is not against american values or any other values.

Just because its the government you are dealing with here instead of a private company does not mean there should not be options for faster service for extra fee.

If premium processing is against American values, then in that case, express-mail offered by USPS for extra charge is against American values. Express mail does not slow down first-class 39-cent mail but it provides an ALTERNATIVE to a consumer or citizen to go with better quality service for a fee. For a few dollars, you mail would reach somewhere overnight instead of 3 days.

Also, by that token, first-class travel is against American values? Would you rather that it go away too?

Premium processing is not going to slow down regular processing. But it offers an alternative to employers or employees if they want expedited service for extra money etc.

Thank you everyone for your reponds. We are going to have a wedding in August, 2010. Can we fill the I30 and other forms now or we have to wait until after the wedding?

definitely after you get married. one of the important papers to send in will be your proof of marriage (marriage certificate)!!!!!!!! can't rush these things.

Eyes already on citizenship!. appreciate your optimism.:D

I am already a citizen ..:) Just want to know more about PR in US.

joeshmoe,
Congratulations on your GC approval. Enjoy the freedom.

Your approval gives us hope in a way that USCIS is approving I-485 cases even though the PD is not current. Am I right?

You must be right ... I was not anticipating this turn of events whatsoever as I knew what the current PD is in the September Visa Bulletin but maybe they assign me a visa number when they got my application in June.... who knows...

I love that dandelion. It has an "otherworlddy" look to it.

Yes, my PD is Nov. 2005 - from looking at the current situation, it looks like we have nothing to lose if we file it - the worst thing that can happen is that it will be rejected (even before being processed). I am applying!!!:)

My papers reached my lawyer only on 3rd. So, she didnt file at that time. Yesterday, she asked me if we can apply to become a part of lawsuit. I said OK. My file was sent to uscis yesterday by fedex. Since, I have spent 1000$ already on medical and other stuffs, just thought, why not give it a shot.

I would ask you guys to consider filing especially if your PD is in 2005 or later.

the op modified his post.. his post ended with the question "am i missing something here?" and i replied to that as yes you are.. as to what he/she is missing is anyone's guess. maybe some common sense?

how would uscis have the ability to decode between a direct hire and a non direct hire application?

abc corporation is abc corporation. what OP was implying was that employees at companies with well established brand names would get it faster. but there are thousands of legitimate companies in various fields other than software that have 0 brand recognition outside their industry.


I don't appreciate your comments. How come common sense come into this picture when I said I may be wrong!

I filed my labor three years ago with a requirement of BS + a minimum of a one year experience (I had 4 years of US experience and 6 ys experience abroad at that time -feb 2005-).
Now that I filed I-485 more than 180 days ago and I have a job offer that pays double of what is mentioned in the Labor (which the lawyer said is not a problem) , I still have an issue and is the following: in the description mentions as requirement "BS + minimum of 5 ys experience".
My lawyer said that although I have been in U.S. working with same position and same job title for 7 ys, that to be same or similar they should require similar experience than what was required at the moment my labor was filed: ie, BS + not more than 2 years experience,... Is this true? Did anyone experience this? The employer is a big corporation and cannot change that the job description to match the minimum years of experience. The duties are 90% similar and the job title is exactly the same.

The lawyer said that after labor was filed three years ago, that we could not count from that moment on an increased experience, with that I mean the minimum years of experience of the job in 2005 was 1 (although my resume on my labor showed 10 ys of experience) and he said that we cannot say that in 2005 was a minimun one year so you could gain experience on the job and convert it into a job with a minimumn of 4 years being same or similar). HE said that the experience clock was stopped on the labor filing date ie I cannot increase the minimun experience to make a job same or similar.

Did anyone hear anything similar?

Thanks and have a great weekend!


OK, this could be a problem at the time of I485 approval. You can change a job to same or similar. If you salary is double, an IO can think that this can't possibly be "same or similar" job. Also, if the experience required for the new position is so much different, that could also raise doubts. I would suggest getting a 2nd lawyer's opinion. I remember reading memo stating that if there is a "marginal change" in salary or requirements, a job cannot be classified as similar or same, which is required to invoke Ac21.

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?

Well contextually speaking...immigration benefits are for Cubans living in Cuba and for those who are already living here (BTW 75% of the total Cuban population in the US live in Fla so no surprises on the "vote bank" politics here) they are already US citizens.

^^^

sorry for the bump...just trying to get a decent sample size

What will happen in this case.

Do you think USCIS cares who pays for it or where someone lives as long as the check goes through?

Why did they allow me (my lawyer) to renew H1 status then?
Lawyer just received the h1 approval, you know?
And I too received my wife's H4.

Me too..

Thanks again for all the IV support....Great news...

Thank you very much Pappu, Logic Life and IV core members..

Your great effort brought us this great news and relief

Hi! there,

Are you sure you talked to the Immigration Officer? The guys who pick-up the phone at USCIS are not Immigration Officers. They are working for the contracting company assigned to just handle the incoming calls. If you convince them for speaking to an Immigration Officer about a pressing issue, only then you get transferred to an Immigration Officer, that changes of this happening is 1 in 10.

And the chance of the representative of the contracting company saying this is very high. Others on the forum have report much more weird experiences/replies.

Could you please clarify if the call was actually transferred to an Immigration Officer who told you this?



Hi,
I called up and spoke to the IO and asked him about the rejection of I-485 due to old fees and he defended that the application would be rejected without the new fee, I tried to explain him about the July bulletin 107 and that people who were on employment based category and whose dates were current should have used only the OLD FEES till August 17th, he did not agree about it and I did not force the issue!

If the IO officers don't agree about the right facts how would the people who just check the fee! I am sure that is why my application was rejected!

I am not sure what to do! Can somebody suggest anything!

How to let those people know that when we applied in August there was a bulletin which said that we can apply with old fee!