Anne Hathaway Catwoman

I beg to disagree on this thought:
I think in the above scenario, they do not invalidate your H1. You can continue till the end-date on the H1, even though it was approved based on pending I-485. I suggest you consult an attorney on this specific scenario.

You can work on h1b - you will get H1b based on existing approved 140 and pending 485.

If 140 is revoked by employer you may get a RFE or NOID or in rare cases erroneous denial but you can continue on h1b while you respond to RFE or NOID oor through MTR to erroneous denial.

Sending AC21 docs does not necessarily mean you may not get NOID - AC21 docs seldom go into your file.

LostInGCProcess, Chanduv23,
Thank you for your replies, I appreciate it.

So, I guess, it is okay to get the H1B "Transferred" and if (god forbid) I-485 gets denied, I can still work till the teneure of H1B and then go home.

Also, if i-140 is revoked , that should trigger NOID or RFE which the lawyer will handle (hopefully successfully).

Once again, Thanks a lot.

Regards.

GCCovet

Like the original poster, I too am in the US for more than 11 years (12th year about to complete)

I too had my PPD test (skin test for TB) come out positive but i don't know exactly how big the size was.

I just came from a civil surgeon who said that i might have to undergo the treatment for it if the size was above 10 mm. He also said that i will have to be retested for it if we don't find the reports of the size when this was done earlier. My PCP had mentioned that there is no point it getting the test done again.

I had submitted my medical exam records with my 484 application in July 2007. I wonder if USCIS is trying to boost the economy by trying to get us go for the medical again? (my lawyer says to go to the doctor and get a medical exam done again would be the most practical and quickest way to respond to the RFE.

"U" does not mean quota is done for FY 08...it may be "U" becoz for those categoreis, quarterly quota exhausted....USCIS normally does not grab the entire FY's quota at one time...they do it quarterly basis.

Even i think definitely before Oct itself, EB2 India moves ahead.

Like your thoughts on these topic... pardon me for my ignorance but whats the big deal about Name Check? will this take longer than the rest of the processing stages?

According to USCIS Ombudsman 1/3rd of cases are pending more than 1 year due to namecheck. Also there are many cases stuck for more than 3 years. E

Hi,

I am sorry to side track the topic here but I am a permanent resident of Canada and lived there for 3 years. It's beyond my words to explain how difficult it is to get a job in Canada. First of all IT jobs are less except in Toronto and Ottawa and some in Vancouver. Sometimes they don't hesitate to trash our resume in front of us which happened to me. They hate US experience. I asked when I was called for an interview why don't they believe US experience when I had worked in US. She said, "Oh well! in US, in a team of 10 software engineers only 2 or 3 are good and rest of below average but whereas in Canada it is reverse". I was appalled with the response. Anyways, I am not advocating that we shouldn't take shelter in neighbouring countries like Canada but trying to put forward the ground realities existing in Canada.

Takecare
Hari.
Vivek Wadhwa spoke very nicely and hit right at the core of the EB Immigration issues and backlog. I talked to him along with my wife and told our story. I also told that lot of people like me will be opting Canada or Australia or even go back to India if the EB Immigration issues are not fixed. If US doesn't fix its Immigration Policies for Skilled Immigrants then they go back to their home countries or other contries who know their worth. This is our most productive age and we won't waste it.

I will try finding the recording of the show and post it here.

If you plan on being in DC area on September 17th and if you would like IV to assist you to meet with the lawmakers from your State, please email us the following information at your earliest convenience at lobbyday@immigrationvoice.org:

Name
IV Handle
Phone Number
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Meeting with the office of lawmakers have to be setup much in advance and it would help the volunteers to seek meetings for you if you send us this information today.

If you have any question, please write to lobbyday@immigrationvoice.org. Please keep in mind that we are coordinating meetings for more than 500 IV members for the Lobby day and delay in sending us information about your availability would make it difficult for us to seek appointments for you. So kindly treat this request as Urgent.

Can someone advise on this. My 6 yrs of H1 expires in Jan 2008. Employer says they will only apply 90 days prior to H1-b expiration.

They already applied my 485 and AP.
What should I be doing?
1. Can I apply EAD myself?
2. will I get in trouble if I do not have EAD and my H1 expires?
3. Can I move to new employer using AC21 without EAD?

The reason they said was they are doing the back ground check on the company. But i am on the payroll from the same company since last 4years...

I broke my politeness today.USCIS inconsistency broke the limits for me.

My case was filed in Nebarska then tranferred to Texas then as soon as the priority date became current, last month, it was transferred to California.

I talked yesterday to customer service and it by chance got transferred to California Service Center where the officer told me that my case was transferred back to Texas Service Center on August 14, 2008. She also told me to call TSC to confirm it.

I called today the National Customer Service Center (NCSC) to confirm it and the lady tells me that the case is still in California and she has no more infomation about it. I told her about my call yesterday.

Lady: How could you have ever called CSC because their phone numbers are not public
Me: I called the same number and for some reason it got transferred to CSC.
Lady: Then you have already been told that your case has been transferred back on Aug 14, what do you need now ?
Me: The website does not show that. Plus the officer yesterday asked me to confirm it which you are not doing, you are just repeating my words about my conversation. There are so many inconsitencies . You told me just now that my case is still in California.
Lady: Can you please hold for a moment.
After hold:
Lady: I just talked to my supervisor, if the website says it is in California then it is California. Is there anything else I can help you with ?
Me: I do not understand "To speed up processing " clause in the reason to transfer it to california. It has been transferred from the center which is processing 485 applications to the center which is not processing applications. So the clause "To speed up processing" is so inconsistent.
Lady: Sir, we cannot tell you the reason why do we transfers
Me: But you have already told me the reason in the written notice as "To speed up processing"
Lady: It is not "To speed up processing " it is "for processing". Is there anything else that I can help you with ?
Me: I hang up the phone.

Does it make sense to change status to h4 from f1 before my spouse goes out of country and come back on h4 instead of AP?

Probably a bit of both.
What is disappionting is that this was what was proposed as "significant" and "much more than expected" due to EB1 spillover. which leads me to think how exactly do we interpret such statements in the future??. Clearly the agency was measuring timeline in hours or days whereas all our forums and blogs measured it in months or years!!!
Movement to Mid-2007 or post july 2007 has to wait for a long time.

Not sure...since we are all talking about 12K and only 2 months movement. Are they cautious or we are all missing something?

Maybe IV should Link to each new VB and put it on the home page ;) This will avoid 4 threads being created each time a VB is out!:p

What if the employer showed XXX amount on the Labor Certification, and in the offer letter, but send an offer letter to the employee for YYY, where YYY < XXX? Does the employee is still obliged to for with the employer?

Your question is very short, but this is what I understand you are asking:
If GC is approved with XXX salary on the LC and offer letter during the GC process, but then employer only offers/pays YYY salary upon approval of GC.

As far as I can tell, this would be a problem on the part of employer and not the employee. For the most part, employee can leave that employer without any problems in future. what I do not know is, which one of the following option is better:

1. Never join the employer after getting GC as salary offerred after GC is lower than what was on LC.

2. Join the employer for a month or two and then leave giving the reason that "employer did not pay the salary offered in LC". This may be a safer option as you do prove your intention to join the employer and you get a few pay stubs proving that employer is not paying enough salary (not just othe offer letter showing YYY salary, but the hard proof of YYY salary by means of paystubs).

Also if the employer really does not have project, and can not really hire you at a salary offered on LC, and you have good terms with the employer, ask them to "fire" you rather than you leaving them. This way you will be very safe for future citizenship process.

Good Luck.

Hi,

Thanks for all your replies.
I am trying to catch hold my lawyer. He is attending some conference today and said will be available tomorrow to respond.

So just to sumup all your openion is:

Job title should be same or not? I got 50-50 response on this. Do not know what to say, but kind of thinking may differ.
Job Description on offer letter? should match word to word with LC

Salary? OK as long as it is heigher.
company size? does not matter.

Please let me know if all the above assumptions are correct.

have fun

Well you are correct I am trying to draw attention because as a saying "you will only know the pain when you walk the line". My company attorneys delayed the filings. I am not blaming anyone but myself. However, the fact of the matter is to find out a way to address this issue which is going to help everyone else. I do not knonw how long my particular case might take but since I am in the process I understood the issue.

First, when you apply in advance, yeah the possibility of approval before existing application expiration is very high. But you will end up loosing the EAD period from the date of approval to the date of last expiration. This is a loss for us.

Second, a renewal should only take less time as it takes for Drivers license. It is not AP where they have to validate your last entry etc etc.

EAD renewal adjudication should be separate from rest of all application processing and should shrink the timline.

Imagine my case. My wife was searching for jobs since her first EAD and now she got one but lack of EAD is going to cause her to loose it.....

I believe the spillover will come from ROW EB3

I am in Denver, Colorado...there is els center here...but that is nt mentioned on the ielts.org website.

Stay focussed, support IV goals, help raise funds, volunteer, spread the word on retrogression and believe in you and for the same cause! Remember, immigration law is complicated, no matter who provides information or posts reply, always consult a qualified attorney for your own case.

I asked IV core on what version of immigration bill they support because I and other people wanted to know since there are so many amendments to the current immigration bill and Now I log in to see , the thread is missing, why, my question was straight forward, again I am asking them on what form of immigration bill they support. I highly doubt In what they are doing looks like they are working for the benefit of them self. Guys please don’t be ignorant and its your right to ask the question don’t be a dumb crowd but ask questions.
I am too in the same GC queue with I140 and I485 filed and pending, so don’t count me as anti – immigrant but also want to see the betterment of others too who are in GC process and will be effected due to the introduction of the new bill.
:mad:

You are right ... the core team is possibly working for their own benefits (and that also within closed doors). Just remeber the core group (only 10/12 people) are not the only persons affected by backlog and retrogression. So even if they work for their own benefits, that will indirectly benefit people like you and me. Instead of screwing the core group, why don't you ask them how you may offer your service to IV.

if my wife is already in US on H4 do i need to file a I-134 ,I-864 too ??

Also do i need to add my tax return, my I20 and my paystubs with application. She just came into country so she does not have any tax rerurn of her own nor any I20 or any paystubs of her own.. Please suggest.

Thanks
-M


Yes, its good to file I-134 especially when she is on H4. Paystubs and tax returns are not required documents though a lot of people tend to submit them. Just an employment letter from your employer would suffice. You dont need to include your I-20 with your wife's application....However, do include her medicals, though its not part of the initial evidence......