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  • whattodo
    06-30 12:58 PM
    My online status changed from approval sent to pending. Did you any further update?

    My attorney received an email notice of I-140 approval (PP) on Mon, June 25. But the online case status showed the application as pending. Finally,today my attorney called and was told that due to "system glitch ", approval notices were sent out in error!! It seems this has done to others too!!
    Did anyone else encounter this?




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  • Fugu
    01-11 01:53 PM
    Thank you both for your replies.

    I understand that we may not be eligible for an EB1 but would we still be able to apply for an EB2 without leaving the country?




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  • leoindiano
    09-06 03:27 PM
    AmericanDesi,

    you hit the nail on its head.

    USCIS online processing for EAD and AP is delayed by 2 to 3 months compared to paper filing. Online filing was to make it transparent, expedite the process. It is working exactly opposite.




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  • paulkurni
    06-17 05:33 PM
    paulkurni, please join your state chapter. Even before Obama's mention in the Cairo speech, IV Core has been trying to do whatever you have mentioned.

    We need members to collectively participate in their state chapters which can provide the thrust needed to perform a collective action country-wide as mentioned by you.

    Please excuse my ignorance as I joined IV recently. Please tell me how do I join state chapter. I reside in DC metro suburbs.

    I am glad that we are at least thinking in this direction. Please let me know how can I contribute. Have we formed any regional leaders who can perhaps guide us. If so, I would like to get in touch with the ones in my area. Any other information I need to know.



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  • Raj Iyer
    09-13 12:02 PM
    Filing I-140 petition on your behalf signifies immigrant intent. So if you travel outside, you could potentially be denied entry.

    The safer option would be wait till your I-140 gets approved, if your PD becomes current, filed I-485. If the PD is not current, seek 3yr H-1B COS under the AC 21 provisions.




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  • suren
    10-08 10:04 AM
    My wifes H1b also expired and she is dependent on I 485. She has valid EAD. wht is the present status of her. Is she able to apply for H1b or not.

    Please let me know.

    Thanks for your help



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  • radhay
    04-28 02:49 PM
    There is nothing wrong in asking but the attorney has no right to reveal the information to you although some do. Did you try to make that request through your employer?

    I think some members requested a copy of 140 approval notice from USCIS by filing a freedom of information request. Not sure how though.




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  • needhelpASAP
    04-25 06:04 PM
    Hi, I have a rather unique case. Any help will be greatly appreciated. Below are my details:


    While on OPT, I accepted an offer from a company in January. They agreed to sponsor me.

    My H1B was processed with premium processing fee.

    H1B approved on 04/20/2008. (But it will be effective n October 1st)

    I was laid-off on 04/23/2008 (But will receive payment till 04/25/2008)

    Am i out of status?
    (Technically I was working on OPT; did that change once my application was approved?)

    Am i still eligible for employment? (I have my OPT till 06/22)

    Can another company apply for another H1B petition for me OPT expires?
    (will expire on 06/22/2008) How long do I have to find another employer?

    Thanks in advance!



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  • raydhan
    11-09 09:04 AM
    Sincere request to all the retrogression victims from the great State of Oklahoma.

    Please post your willingness or send me a PM if you are interested in working for IV's cause.

    Lets go guys!!!
    Make some noise. The timing has never been better.




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  • amitjoey
    07-18 01:02 PM
    Please post on the media thread as well, to get attention.



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  • vin13
    12-08 04:56 PM
    Hi!

    I received my GC in first week of September'09. After receiving GC I have continued with my sponsor till now - & they continued giving me pay (after the usual big cut from my rate). During the I-485 petition filling my employer has given a letter to USCIS for "future" employment with a fixed base salary. They never gave me this after the GC & now if I go on "bench" they are refusing to give me any salary (since I am using GC & they are not bound to give me the H1B minimum wage!).They may continue my medical insurance (for family & me) provided I pay the whole part! I wanted to continue with my sponsor for six months after GC but under these circumstances is it OK to leave them now & if I face any issue at naturalization will this be a valid reason to convince the officer(in case they ask this question)- although I do not have anything in writting from my employer(except the "future employement letter" & paystubs & e-mail replies to my queries for this)

    I am leaving many opportunities just to be with my sponsor for this six months!

    Please guide.

    Thanks,

    Raj

    The lawyers usually advise you to stay with the company for 6 months if you can. In your case, the employer is not willing to pay. So do you really have a choice here?

    It may be easier to convince the officer that you moved on to another job (maybe similar kind) rather than having a situation where the sponsoring employer was not willing to pay.

    When you are trying to make such important decisions, do not just rely on responses from blogs/forum. Consult a immigration lawyer for a few hundred dollars.




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  • Jaime
    09-20 01:30 PM
    In our next rally (hopefully soon) we should all carry placards, but they should read only ONE strong message, along the lines of:

    "WE ARE ALREADY LEGAL AND HIGHLY-SKILLED IMMIGRANTS, STOP LUMPING US WITH ILLEGALS AND END THE 10-YEAR GREEN CARD WAITS"

    but shorter and more catching

    WE MUST EDUCATE PEOPLE AND CONGRESS!!!! ENOUGH WITH THEIR APATHY IN GETTING TO KNOW WHO WE REALLY ARE!



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  • eager_immi
    08-09 11:47 AM
    I think it is useful to state search the forum so that people stop asking questions which really irritates other people since it has been discusses in detail in several threads. Let the guy ask. I see a couple of times somebody asking a question, and instead of answering people ask to search at the forum first....
    why not just respond if possible or just ignore. I think posting a reply to say to search first is not very usefull at all.




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  • webm
    05-29 09:30 AM
    When our original APs arrived last year in October they had a expiration date of September 28, 2008. But then we traveled to India and came back on AP. Now stamped AP says

    Paroled until 02 Jan 2009

    My question is which expiration date should use for renewal purposes and apply the 120 day rule.

    Please let me know.
    You should still consider the one which is on the AP document...



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  • shana04
    01-26 11:31 AM
    I am planning to move to different residence. My 485 application is currently pending.
    Has anyone successfully filed change of address form? and have their EAD or other documents deliever to their new address correctly. Reason I am asking my friend changed his residence while his 485 pending and all his document would still come to my address (his old address). He made numerous request to USCIS and files for AR11 etc. His all documents EAD.. even Green card also came back to my address(His old adress). At least he was lucky that I was still staying over there.

    Any thoughts much appreciated.

    I have changed twice since I filed my 485 and getting all my documents to the new address.

    1. first fill in AR-11
    2. then the system will ask if there are any other related pending cases, then you need to specify one after other pending cases. Make sure to take the screen shots for all your confirmations right from AR11. In case you need it.
    3. If you call customer service they are not helpful in this regard. But if there is any major problem ( I mean your FP not done or any document which you need to receive have not received yet) then you reach level II customer service IO then they can verify your address.

    So far I did not had any problem with two times address change.

    But make sure to update your state ID, so that in case you go for infopass, you have updated ID.

    Hope this information is helpful. And I did every thing online.

    Good luck




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  • martinvisalaw
    04-19 02:44 PM
    Hopefully you can address the CIS concerns about where you were working by showing that the I-140 is for a future position, and it is irrelevant (for permanent residence) where you worked in the past. However, your past locations are relevant in showing whether or not you maintained H-1B status, and can also suggest that the employer's labor cert for one specific location is incomplete, if it traditionally moves employees around and if it disn't say multiple locations on the labor cert and I-140.. Good luck.



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  • mwin
    12-05 04:03 PM
    One of my friends with his April, 2004, EB3 PD got his 485 approved.
    No wonder they usedup 30% of Visas.




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  • rb_248
    08-19 03:30 PM
    I have submitted 3 affidavits and non-availability certificate, but NSC sent RFE asking for oldest evidence of birth
    a. medical records with child and both parents name
    b. hospital records with child and both parents name
    c. census records with child and both parents name
    d. school records with child and both parents name
    e. religious records with child and both parents name for naming ceremony.

    I do not have any of them, at the most the school record is 10th grade with only fathers name.
    Any ideas?,. Lawyer says its OK, send whatever is available and write an explanation why any of the above can't be obtained.


    --------------------------------
    EB2- India/
    PD: June 2004
    RD; July 1 2007

    rajarao - I have this suggestion. My employers did something similar for my LC audit, which is different from I 485. But, the point is to look for an equivalent substitute.

    Do you have any sustitutes for the above ? Such as LIC policies with beneficiaries, ration card, voters registration, driver's license anything ? If you do, then call USCIS and explain what you are sending and the significance of these documents and find out if acceptable.

    It looks like they are looking for an authentic document showing son's and parent's names.

    Gurus, what do you all think ?




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  • salaryVictim
    06-09 05:34 PM
    Dear Viewers

    Could anyone please advice me on how to claim the unpaid salary from the previous employers.

    I was working for a company based in Michigan run by an Indian. This person did not pay me my last month salary. He does not pick up his phone or respond to my email. I have all the proof that my client has paid him the money for which I worked but he continue to ignore my request. This guy owes me around 5000 dollars.

    Any piece of advice would be of great help.




    kaisersose
    01-22 04:37 PM
    The salary can be lesser than the previous salary and still be compliant with AC21. But the difference should not be too much and it is better to not get into such a situation.

    But there is the clause of "intent to work for the sponsoring employer". This overrides the AC21 laws and it is not clear what the repercussions can be if the employer wants to play nasty. Here is the part reproduced from the 2005 memeorandum. For this reason, try and part from yoru current employer amicably.

    ===

    ...as with any portability case, USCIS will focus on whether the I-140 petition represented the truly
    intended employment at the time of the filing of both the I-140 and the I-485. This means that, as
    of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-
    140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended
    to undertake the employment, upon adjustment. Adjudicators should not presume absence of such
    intent and may take the I-140 and supporting documents themselves as prima facie evidence of such
    intent, but in appropriate cases additional evidence or investigation may be appropriate.

    ===




    sweet_jungle
    12-07 12:30 AM
    My wife went for her biometrics today and what a surprise, her date of birth on the system was wrong.
    She only had DL on her and no passport. So, the ASC staff took her biometrics but refused to correct her DOB, claiming that passport was needed.
    So, we called up USCIS and upon description of the problem,were immediately transferred to level 2. Level 2 looked at the cases and confirmed that DOB was wrong on I-485. It was correct in I-765 and I-131. She said that the only way to correct it was to take infopass and present passport and DL.

    It is now more or less clear that DOB mismatch has caused her EAD to be stalled for so long.I have already got my EAD.

    Moral of the story : take passport for FP, infopass, etc. all the time.

    Our EADs and APs were filed separately with I-485 courier receipt. What a mess !!

    lets see what happens at infopass.



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