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  • skmurthy
    05-28 05:10 PM
    Great! Thanks a ton for your help.





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  • beautifulMind
    07-26 09:56 AM
    labor is indeed more than 1 year old. Are you completely sure about this rule since having an approved 140 gives you a 3 year extemsion





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  • hetuweb
    01-25 08:23 PM
    This is my situation friends.
    - My I-140 approved in January 2007 and I-485 filed in July 2007
    - Me and my wife has EAD + Advance Parole (AP) + Finger print done.
    - We decided to go back to India
    - I will come for 3 months every year and other 9 months, I will work from India for the same employer, the same work-outsourcing work.
    - I will be continued on Payroll of my present employer in future too.
    - I came on visitor visa in 2001 and then converted into H-1b visa and then never go to India till today.
    - Now I am on H-1b extension on 7th year (3 yr. extension up to year 2010 on basis of approved I-140)
    - I will get H-1b visa stamp up to year 2010 from Mumbai, so can I come to USA on H-1b visa stamp after conversion of ADJUSTMENT OF STATUS (AOS) TO CONSULAR PROCESSING (CP)? (my present AP will be expired at that time when I come to USA)
    - Now what can I do? Should I TRANSFER FROM �Adjustment Of Status (AOS) TO Consular Processing (CP)� or continue on AOS? What is better and advisable for me?
    - Can I get Advance Parole (AP) from India after Consular Processing conversion?
    - To convert from AOS to CP, can I have to be in USA or I can do from India also?

    Your help in this matter will be highly appreciated as I am going very soon.

    Thanks in advance to all of you friends.





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  • mariner5555
    05-27 04:02 PM
    Hi All

    I did paper based filing through lawyer on may 5 with check $340 has been encashed and I waited now 2 weeks but still there is no receipt notice in mail.
    SO i called my bank and ask them whether there any receipt number on the back of check but agent told me that there are no 13 digit number just bank stamp and there is only one 9 digit number that he has given me but on the case status thats a invalid number

    Please help as I am worried that if evry thing is fine or should I e-file as well as my licence is also expiring next month now how should get a reciept number

    Thanks in Advance...
    if you efile ..you will end up paying $340 again. when is yr EAD expiring and why did you wait so long ?? if you think the lawyer filled everything correctly then I would say wait for a week (consult yr lawyer too) !!



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  • arnab221
    06-08 08:52 PM
    The preadjucation process is just like bringing a pregnant woman into labor but not allowing her to give birth till the babies number comes . The woman then needs to be painful labor for 28 years ( some member said that’s how long it will take ) , so the baby is grown and healthy ( preadjucated according to USCIS ) , but the doctors from the Department of state ( DOS ) are not allowing the baby to come out into the world .


    USCIC is off late preadjucating the petitions and keeping them ready and many members seem to thrive on just seeing and discussing the LUD dates since by now most of us know somewhere in the subconsious that the GC is a nothing but a bone tied to our tail which we might never be able to bite .

    Some members including me who unfortunately lack the analytical skills of some looked into a very interesting thread some time back which said EB2 will be current within a year . It spoke about 'spillovers' and we all were very happy that finally our baby will see the light of the day . Just like hope never dies I even though the dates have moved back to a date when most of us were in graduate college and the Clinton administration just left , some members are still now hopeful of a "spillover".

    I for one have done what it takes for 4 long years in all ways possible to wake these guys up and now I am honestly least bothered about my GC and I feel the earlier members get to this level of mindset it will give them a lot of mental peace . I am just waiting for my visa to expire or my wall street employer to lay me off( whichever happens earlier ) in which case I also get a free ticket home .
    The expectation that "next month may be the month" will surely kill you long before your GC actually gets cleared ( after 28 years ) .





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  • manand24
    10-08 02:34 PM
    Still waiting.

    --------------------------

    PD 04/2006 EB2 INDIA
    I-140 NSC AP 10/2006
    SELF:
    I-485 NSC RD 07/02/07; ND 09/10/2007; RD 09/17/2007 from NSC; LUD 10/07/2007
    I-131 (Travel Document) NSC RD 07/02/07; ND 09/10/2007; RD 09/17/2007 from NSC
    I-765 (EAD) NSC RD 07/02/07; ND 09/10/2007; Card received on 10/03/2007
    BioMetrics given on 10/05/2007

    WIFE
    I-485 NSC RD 07/02/07; ND 09/10/2007; RD 09/17/2007 from NSC; ; LUD 10/07/2007
    I-131 (Travel Document) NSC RD 07/02/07; ND 09/10/2007;RD 09/18/2007 from NSC
    I-765 (EAD) NSC RD 07/02/07; ND 09/10/2007; Card received on 10/03/2007
    BioMetrics given on 10/05/2007

    --------------------------



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  • m2kkk
    07-31 12:29 PM
    I don't see the gain. Although a fresh L petition has better chance of approval, you still have to get a visa approved, which may get rejected.

    Given your wife's situation of EAD, you are better off applying for an extension here. They will not reject an application as long it meets all the requirements.

    Thanks ! I dont know if the reasons for rejection are entirely based on merits of the petition but from experience of my coworkers around here, the employer advises a fresh petition. If I wish to go for a fresh petition how soon can I travel before my VISA expiry date ? Is there any deadline stipulated ? My VISA expires on 11/18/2008. Can I travel in Sept and submit a fresh petition for approval ?

    Thanks





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  • billu
    05-25 01:02 PM
    does anyone have any clue on this??



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  • billu
    10-24 12:17 PM
    My company attorney has mailed my I-140 application to NSC for premium processing on 12th october by priority mail. Waiting for receipt notice.

    The amount of $1000 has been deducted but it has been through online banking and not the check, so there is no way yet to determine the case number. How many days does it usually take for NSC to issue a receipt notice? Is it quicker for PP cases?pls do reply.thanks.





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  • newlab
    08-18 07:33 PM
    Hi All,
    ****** I have searched all related posts but could not find an answer ********
    I have applied my labor in EB3 category. As i am qualified for the senior position i have asked my management for the next level. so that i can apply in EB2 and get the priority data transferred from EB3 application.

    with the July fiasco applied I485 with the EB3 application. Now my management is working to promote me from software dev to Sr software developer. Should i accept the promotion? my job responsibilites will be same with additional responsibilities. What will happen to my i-485 application if i take the promotion?

    Thank you.



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  • martinvisalaw
    04-09 02:07 PM
    The employee cannot pay any of the PERM costs - ads, attorney fees, etc. The employee can pay any part of the I-140 and 485 costs.





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  • raysaikat
    03-03 01:28 AM
    As far as I know employer sponsorship is not required for EB-1 EA case; not sure why you had to file I-140 for this ...........

    EB-1 EA does not need labor certification, but still needs I-140.



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  • sbmallik
    05-07 11:08 AM
    And how does consular processing help? Can I enter US before getting a GC in this case?

    Consular Processing allows the beneficiary to remain abroad till the GC is approved at a consulate. At all times the petitioner should show intent to hire you for the future job. If you need to enter US earlier, it's your job to arrange an alternate visa.





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  • snathan
    10-14 12:38 AM
    My company filed an I-140 in December 2009. The petition (an EB2) was APPROVED in May 2010. A month or so later, I was laid off but BEFORE the I-485 was ever filed. As far as I know, the I-140 has not been revoked. What are my potential options here? Can I find a new employer to file a 485 provided the new job is similar to the I-140 petition or do they have to start the whole process again?

    No...need to start the GC from scratch. You can not use your I140 as you no longer employed by the GC sponsor and can not use AC21 as I-485 was not filed.



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  • dixie
    12-18 10:43 AM
    Neither can I. By the way, it is notable that the Princeton event came bang in the middle of our big push in Washington during the fag end of the LD session. Wonder if any of the core members could make it to the event given how critical that particular week end was to us.





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  • nousername
    02-02 08:25 PM
    1) I got my first H-1 on 10/01/2006 ( I-29 date). When is the latest I should renew my H-1B visa
    Answer: At least three months before your H1 expires.

    2) I was a July filer and my wife is already using EAD (business). Does it make sense to renew her H-4 as well
    Answer: No.. She is already doing business, which she can not if she goes back on H4. If she is making money then no point going for H4.

    3) I was going to apply for AP for my wife? Will I loose my H-1 if I apply AP for myself too
    Answer: As the previous member said, both are separate issue, so don't worry and just apply for her AP.

    My two cent: You should apply for your EAD and AP as well...



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  • needhelp!
    10-12 05:48 PM
    in less than 23 hours





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  • macrosky
    11-06 12:55 PM
    My 485 (based on NIW) is pending. Based on the current bulletin, it could take years to approve my case. I currently work in the US using H1 visa. But I may need to travel outside the US for 1 year or even longer for business reason. Is there any way that I can not abadon my 485 pending status? Thanks!





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  • ewapu
    03-11 08:15 PM
    hey i got 2nd one from the NSC. Is it happening with many people??

    wat r the chances if handled carefully???

    please share your advice nd experiences. thanks a lot





    eagle2020
    10-12 01:35 PM
    Hi
    My brother got a B1/B2 multi-entry visa for 2 years. My mother is a green card holder and my brother didn't want her to submit an I-130 on his behalf since she became a US resident. The reason was because one of the questions that the embassy asks when you apply to get a visa to enter the US is weather a relative submitted an I-130 on your behalf or not. If yes then the embassy thinks of you as you want to enter the US and remain there until ur I-130 is approved and a visa number is available.. my question is since my borther got his visa, will it be ok for my mother to submit an I-130 on his behalf now without having the embassy rejecting him B1/B2 visa in the future(that is after his current B1/B2 visa expire in 2 years ????

    Another question if a person is in the US and out of status, can a relative submit an I-130 on his behalf and if yes how good is his chance to adjust his status when the I-130 is approved in the future??
    Thank you very much





    thomachan72
    03-18 01:48 PM
    You can get -
    1. a year extension to recapture the time spent abroad
    2. New/Extend H-1B for 3 year, but will be subject to cap
    3. can get new/extension H-1B for 3 years without cap, if you have I-140 approved
    4. can get new/extension H-1B for 1 year without cap, if I-140 is pending


    ___________________
    Not a legal advice.

    regarding response #2:- If the approved H1b (from Oct 08 to March 09) was already subject to cap, could you claim for a 3 year new H1b?
    The reason I was asking is because recently this application to consider this as a new H1b for 3 years was rejected and instead only one year (recapture time for year abroad) was issued.



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