Monday, September 26, 2011

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08-27 01:22 PM
>> My qn is what if company A cancels my 140?
3 year H1 extension may be denied.

>> If I get my 3yr H1 extn approved (before 140 cancellation) will my status be valid?

Not a legal advise.

Thanks desi3933.
My followup qn to this is ..

If I get my 3yr H1 extn approved (before 140 cancellation) with company B and company A revokes my approved 140, is it possible to transfer my priority date(of the approved 140 ..which is now revoked by company A) to my new 140 filed by company B?


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03-17 03:20 PM
We hear a lot about good credit.. but not a very good understanding of what it means

So is a score 670 considered to be good one? How much approx.. would be mortgage/month for $300K house. Ofcourse there are many factors but just to get a ball park free..

Mortgage Agents use the FICO score and I think 750-790 is considered a good score. The monthly payment depends on the type of loan like 30Yr fixed, 5 -1 ARM, the rate that you get and other factors.

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10-20 05:52 PM

My friend is in a unique situation and needs help. Please guide him with his queries.

I'm in USA on H1B since Apr-17-2004 with out any break. I'll complete my 6 year stay in USA H1B by Apr-16-2010.

My current H1B & I-94 extension was applied on Jun-06-2008 (applied in a group) and approved till May-01-2011.

My GC labor was applied on May-29-2008 and approved on Oct-11-2008. But..

We didn't specify about GC labor on H1B/I-94 extension petition.

My GC I-140 was appilied on Nov-12-2008 and approved on Apr-20-2009.

Can you please suggest when should I apply for my next H1B & I-94 extensions (based on 'Apr-16-2010' OR 'May-01-2011') ?

************************************************** *********

You should apply based on April 16, 2010, you can file 6 months in advace which means you can file now, you will get an approval for 3 years based on the approved I-140.

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04-15 08:44 PM
Too bad. Sometimes you end up misplacing some document and you overturn the entire house to find them in an unexpected location. Start looking for it from every location in the house and you may find it unexpectedly.

Also, I did leave a copy of atleast my first I-20 at home before I flew to US and I bet my dad would still have it if I needed it. Try to see if you did something similar. Only drawback is it does not have the entry stamp as the copy was made before I entered US in my case.

After this happened to my friend, I decided to scan all documents and store it online to avoid damage from the natural elements.

To me, it does sound like your attorney definitely has the copy but they are just lazy to look for it or dig into it.


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11-06 05:57 PM
Who issued the checks ?? Was it you or your employer ?

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10-26 12:06 PM
canmt: pl see the responses below


* Could you explain which address you sent the AR-11 initially and how did you manage to change to new address using USPS?
You need to fill AR-11 online in you do not need to send it any where. You can submit change of address notification with USPS either online or by submitting form available in USPS stores.

* Did you get any confirmation from USCIS on both occasions?
Yes. USCIS will send you mails confirming that your address has been changed. But you need to be sure that you are when you submit

* Did you call USCIS customer service and update them with your new address after sending them AR-11?
It is fine to do it online. Even if you call and tell them, they will ask you to do it online only.


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03-20 10:47 PM
Do you know the reason for the 140 denial ?

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08-13 10:20 AM
Thanks Pappu for your reply.

I am not trying to get your status report. I do not want your battle plan either. I am trying to figure out if there is any ray of hope...

Yes there is no one-line amendment. But the objective of an amendment can be one line. That is what I mean. I saw many amendments before and am familiar with the political jargon. You are thinking that I am a novice when it comes to Immigration. That is ok and that is not the issue here.

Recently in one fundraising thread, I counted the number of retrogressed PD members contribution to others. Its in the ratio 1:5. The reason for this thread started at that time.

If members know that IV has the right strategy and right connections then the support to IV will be overwhelming. That is all I want to convey in the thread.

Thanks . We look forward to your participation in IV efforts. We currently have an action item to meet lawmakers. Please participate in that action item to get involved in the grassroots advocacy effort and know more how it works.


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10-13 01:43 PM
My case is also similar.

Applied labor in 2002 under Eb3 category
I-140 approved in 2006.

Applied labor in 2007 under EB2 category( same Company)
Applied I-140 Eb2 and requested to port EB3 Priority date.
I-140 got approved but did not port EB3 priority date.

Applied I-485 in 2007 using eb3 labor and I-140.

As of now I have two approved I-140 Eb3 PD 2002 and EB2 PD 2007.
My attroney sent SR last month to port priority date on EB2 I-140.
I see LUD on I-140 and I-485 ( LUD on oct 9th 2009) .
Still waiting for response.
I don't know how long USCIS will take to port PD.


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03-03 04:32 PM
Who is the laywer? can share his contact information with us please?



I've been an infrequent visitor to this site in the past, but it has helped me substantially especially when I've been frustrated with the GC situation - I feel the need to share this, hoping that it might help others. I'm posting in this forum because this is the place people tend to ask questions of lawyers. I'll try to keep this simple so that its easy to understand.

Me: EB2 PD March 2005 for first job. I-140 approved 2006. Promoted to different tile in 2007 Jan, second EB2 filed in March 2007.
Wife: EB2 PD Feb 2007.

During the 'fiasco' of 2007, because I did not have an approved PERM for my new job title, we filed for 485's and 140s through my wife with me as the dependent (Having an AP is worth it when traveling overseas, especially if you anticipate traveling for emergencies and don't have the luxury of checking in for an appointment with the consulate to get a visa renewal - also removes the stress of another interview). Neither of us applied for EADs because we were more secure on the H1 visas - your status is immediately screwed if you switch to EAD and your 485 is denied.

In 2008, I received an RFE on my 2nd PERM application (which was addressed by my company - I have no clue what it was about). In 2009, I received an RFE on my 485 application through my wife, we replied to it through a very good lawyer.

Last year, my original LC PD became current! However, our 485s were tied to my wife's application. After speaking to many lawyers, we understood that there were the following options:-

1. Withdraw the earlier 485s, file completely new ones based on my PD (supposedly the safest from GC point of view, because it leaves no room for confusion. Downside is processing time, app getting lost, losing AP/EAD from earlier 485 etc)
2. File another completely new set of parallel 485s, and leave it to UCSIS to figure out that they needed to pick one with the earlier PD (overkill and confusing as well. UCSIS now deals with 4 485 applications, and chances that they will get confused magnify. High processing time as well)
3. Send a letter requesting that the 485 applications be reviewed based on my PD as opposed to my wife's. (Upside is that its potentially the fastest, is approved by the UCSIS, and you can track it by calling up. Downside is that they may simply don't respond because its not really a legal document that's being sent. Then you get stuck just running for Infopass, SR, Congressman etc)

I have to say that choosing the right lawyer to handle your case is possibly the most important thing you can do. What some of us don't know is that while the earlier stages of the GC process are applications made by the company, the 485 application is an individual application, and you are legally allowed to do so through any lawyer you wish to. In our case, we chose the law firm we trusted, even though it was more expensive. They recommended option 3, and we went with it. That was 4 months ago.

On Saturday (2/25) we received email saying that the card were in processing. This afternoon we got our cards in the mail - a nice surprise.

Moral of the story:-

1. Do your homework, get multiple opinions - no one will care about your GC app like you do.
2. When you move and update the AR-11, make sure you update the address for pending cases as well - this will ensure they mail your GC to the correct place.
3. Don't do anything illegal :)
4. Hire the best lawyer you can if your case is not straightforward. Our lawyer was always willing to talk to us at a few hours notice, was very prompt, and was proactive in checking up on UCSIS updates, bulletins etc.

Best wishes.


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03-27 12:31 PM
Do you have a list and contact numbers of these attorneys? how much do they charge?

Yes, you may apply for multiple visas. However, the rule of latest application of the attached I-94 applies. If you get your H4 first, and then your H1, it would mean your H1 would be valid.

If you get your H1 first, and then your H4, the I-94 attached to the H1 will no longer be valid, requiring you to get the H1 visa stamped in your home country consulate and re-enter.

You could simply wait out until you get your H4(at the risk of running out of the H1 cap). If you're willing to risk traveling and reenterng the US after stamping in your homecountry, you should be OK.

There are some attorneys however, who charge a hefty fee for you to get your H1 stamped at a Canadian US consulate if you fear rejection in your home country.


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08-02 08:49 PM
I am one of many people here waiting for the date to be able to apply for I-485 because of visa retrogression. I have 3 more H-1 years so I am considering changing a job in category EB2 so the process can be faster (my PD is Jan 2004 with approved I-140). My question is whether this position below can be considered in EB2 or not. To my knowledge on Eb2, it must be more than 5 years experience with BS or MS. I have a MS, but my work experience in US is total 4 years 4 months (intern 10 months in US during MS + 11 months with OPT after MS + 2yrs6months with H-1B).

This is just a part of the job description:

- BS Degree plus 3-5 Yrs experience or MS Degree plus 2 Yrs experience.



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07-10 06:47 AM
Is there any advantage of submitting I-485 application now except to become plantiff in law suit?

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08-05 03:24 PM
Probably that is what will happen. The last 45 days have been extremely stressful on the applicants and lawyers. I hope USCIS ignores some simple mistakes.


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02-04 07:43 PM
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09-10 03:39 AM
With the revision of the bulletin being revoked, things kind of worked out ok. However why has'nt anyone looked into what exactly happened on July 2nd and who was responsible for what? All the questions that Zoe Lofgren asked were very legitimate. Why were they not answered? We had Condi Rice say that all visa's were exhausted; this was on TV. Was she lying or mis-informed by someone in her department? Who misinformed her? What was the motivation for revising the bulletin? Who ordered the mass-processing of pending applicatons that we have now seen? Why were all dates made current in the first place? Which agency did it and who did they not talk to?

If it were not for the flower-campaign induced media exposure, and the tough stance taken by Zoe Lofgren, USCIS/DOS could have gotten away doing whatever they wanted. What if the next time something like this happens Zoe is not working on the immigration subcommittee in the House? No one else stood up against this mangling of the law. If you steal a car and two weeks later go put it back where you took it from, it does not change the fact that you stole the car and must be held responsible for it. Where is the responsibility for what happened on July 2nd?

Anyone contacted the Ombudsman to see if he is doing a special report on this July 2nd fiasco?


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09-24 06:38 PM
Guys.Don't make the mistake that I made.

When you do medicals, get a copy for yourself as the doctor would seal the form and give you. Keep a copy for yourself.

I went in to get Physicals done and was charged 580$ for me and my wife.

they normally charge 200$ per person which is quite normal here in NJ/NY.

But they couldn't fine a record for me and had to order blood work and charged me160 for it. Also gave me 25$ flu shot.

On top of all they won't use my insurance for physicals.


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07-13 09:26 AM
Or yesterday... we really want to make it a voice of 50k members (to start with!).

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06-06 10:50 AM
Are these all the ppl who voted out of 10k members
/\ /\

10-15 10:32 PM
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09-24 10:50 AM
but we received an RFE Yday forwarded from my old address which I moved out 1 year ago and filed AR11.

also the RFE stated that there is no G28 representation on our case and worst thing was online status is still pending.

We had lost 13 valuable days because of address they used in RFE.

Good Luck.!!

What was your RFE about?

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