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  • bigboy007
    10-11 05:01 PM
    Thanks for replying... Appreciate it ....

    I believe the 180 days starts from the day of 485 notice date and not 140 approval. I had confirmed this with my attorney (both my personal one and the companies )before making the shift and I had and RFE on my 485 in June 09 and nothing after that. I would assume that USCIS was happy with my response and the case might have been pre-adjudicated.

    As per Ron, one cannot apply for H1B renewals based on revoked 140's. I wanted to see if anyone here has done it successfully. I will check with my attorney as well as my companies attorney.
    180 days is from when 485 filed as per yates memo... Check with attorney and you should be fine I dont want to draw conclusions here though. You may need to switch to AC21 aka use the EAD.. again I am not the lawyer here just coughing up what i know. H1B may be renewed if you have any of 6 years left. Why does he need to start entire GC process for just renewing H1B i dont understand.





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  • vpa_2009
    03-20 06:50 AM
    I sold the house on H1 and there was nothing addition for H1 holder. It is just that if you have that property for less than 2 years then you pay tax.

    Just thinking if the new law for GC approved like buy a house and get
    GC then what will happen for those like us who have house since 2004 and sold one and bought another in that time period.
    I am on EAD now. PD -Nov 2003





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  • GCBy3000
    03-31 10:13 AM
    You can take any number of salary hike but not different job duties than specified in the labor. No need to inform the labaor department. Because as per law you cannot have different job duties until you get your gc and max one year beyond that.

    I am also stuck in the same boat. Infact, I got promoted with 16k hike and demoted in two months. My attorney got a apology letter signed by my VP for attorney records. It is that serious to change job duties.





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  • jscris
    July 15th, 2004, 12:39 PM
    Excellent shot! Looks like they're ready to fly. Which lens?

    Right now the temperature makes me happy to find anything I can shoot from the comfort of the car or close (heat indices over 100).



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  • pxkuma
    06-17 07:20 AM
    I am in the same boat too. Only difference is that I have formally accepted the offer and it's in the same corporation (but different legal entity).

    My lawyer recommended that I have three options

    1) Start over and recapture your PD. She mentioned that this is the cleanest option.

    2) Apply for 485 from your old job and then move to the other job after six months

    3) Move to the new job but apply for your 485 from your old job.However, you will need to move back to your old job once you get your Green Card.

    I believe Option 3 is the best for all of you. Try contacting your old employers to see if they can file for your 485. That said, once your complete your six months after applying for 485, you can technically move. Now I am not sure if this will work, but can we not move into another company at more apparent time before the actual receipt of the Green Card. Also, given the severe retrogression expected, it may be a long wait and this move may potentially not have to happen for a while.

    Please note the above is my opinion and you will need to consult your own lawyers.





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  • kaisersose
    11-27 01:38 PM
    Hi,
    one of my friend is working for a desi consuting firm. Due to emergency at his place he has to leave to India dusring the labor substition process. Now the consuting firm is saying that they have substituted a labor for him. They did not apply for I140 for him. Please let me know if there is a way to find weather his labor is substituted or not.
    Thank you

    The short answer is, it does not work. It has been permanently banned following heavy abuse.

    Substitution is a process of cutting the queue, by using a Labor approved for someone else earlier. Many people who came ino the US in 2006 on H-1b now have green cards by paying $$$ to some GC shops for old Labors. This came to the notice of DOL and they decided to put an end to it.



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  • forever_waiting
    04-07 08:35 PM
    its more important to talk sense on the forums especially after 150 of us members having met 300 lawmaker offices on april 4th and 5th. Several of those staffers might visit these forums expecting logical and sane debates instead of petty fights.





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  • bbabu
    05-16 01:36 AM
    Hi Guys..

    If any body in Toronto wanna stay connected to exchange updates / views / thoughts ... update your info here ..

    https://spreadsheets.google.com/ccc?key=0At_-QiCf2s65dG13S1VvYTRGaXcwUXMzbTR4UTV4MXc&hl=en&authkey=CNzNssgD

    ~BBabu



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  • LostInGCProcess
    01-08 10:44 AM
    I recently entered US on AP. At the POE, I gave ONLY my passport and AP(it was 3 copies stapled together). Thats all.
    The IO gave me one copy and said "you can keep one for your reference" and took the other 2. Then escorted to another room, where more people were waiting, and I had to wait for about 10 minutes and an officer called my last name and handed me over, my passport along with one copy of AP with some stamp on it.

    I am still on H1, also got my EAD. I-485 is pending. The other documents that I carried was, a letter from my company stating that I work for them, and all my H1 copies...but I never showed any of those documents.

    edit: While I was standing in line to be called by the IO, the person(indian) in front of me who was being served by the IO, gave many documents, eventhough the IO was saying "I don't need them". This guy was pro-actively telling her that he is working for so-and-so company, took some papers and was giving it to her, and she said politely that its not required...he was also entering on AP cause I saw that guy in the room.

    So, Please don't over do. just give only the document that is asked for.





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  • fromnaija
    09-14 01:54 PM
    you would have to specify that when you apply for the AP. Look at part 7 item 2 in the application.

    NO, that part applies to a person applying for Advance Parole (humanitarian reason) and not Advance Parole (baed on peding I-485).

    This confusion is because the form is used for multiple application type - Rentry Permit, Refugee Travel Document, Advance Parole (humanitarian and I-485 pending). I think USCIS should redesign separate form for each application type to remove the confusion.

    If your AP is based on a pending I-485 you must be in the US to apply and receive the approval. If you need to travel before the approval, you could go to a local USCIS office to expedite the application.



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  • vvr
    12-18 08:57 PM
    Pls. send your feedback to letters@mercurynews.com.

    I called them today and cancelled my subscription today after 3 yrs of continued subscription. It's very ironic of mercury news to publish a one sided article against immigrants given their subscriber base.





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  • sixburgh
    08-13 12:25 PM
    Did she get Paystub, If not you are good.

    I don't think she can have both H4 & EAD. But once she started working on EAD and got paystub....Paid taxes etc.....I'm sure her status will be EAD and no H4 furthur...By any chance if USCIS got hold of it. Might cause problem for her 485 approval.

    USCIS gives whatever we ask for. We should be careful and take advise from Attorneys. Not one 2-3 Attorneys as some of the attorneys have limit knowledge. Best suggestions your Employer if he has good knowledge.....As they might have seen lot of cases for their employers.

    She did work and yes she got paystub's.
    Oh boy.
    I am deeply worried now.
    What is the corrective action for this?



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  • ita
    01-16 11:13 AM
    Thank you so much vin13.

    So in the case of company C's H1 it will be part of yearly quota and so will have to go through lottery system right?
    So there will be a chance of H1 not going through the lottery(no matter even if the applicant was on H1 before)?

    Thank you again.

    Lets say , you move out of H1-b (company A)and start using your EAD (at Company B). Now after a few weeks you find another employer (company C) who is willing to do your H1-B. Then this is subject to the yearly Quota because you lost your H1-B status immediately after you started using your EAD (at Company B).

    You can now move to Company C using your EAD and then apply under the new quota for H1-B in April for a start date of October (new fiscal year). Company C may not be reluctant or hesitant in your case because you can keep working for them from Day 1 and you continue on your EAD even if you do not get H1-B.

    Company C will be hesitant only if you do not have EAD and you need to wait for the approval before you can work.





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  • dealsnet
    11-12 01:18 PM
    Usually I didn't recomond any one. But for cheaper option this is the man.
    If your case is complicated, go with Murthy, Rajiv Khanna, Ron Gotcher etc...

    He is the cheapest and good attorney known.
    H1B charge is $650 (renew) $750 for new, no charge for filing H4. GC process PERM , I-140, I-485 all for only $2000. Citizenship application $250.
    No charge for any RFE. He will respond in detail. I don't know about AC21. May be $250.
    HIGHLY RECOMENDED. New York based. Young man in his 30's. Respond emails with an hour.
    He is a British guy like one of us came here in the USA as a student F1, H1 and greencard and pass the Bar license to become a lawyer.
    So he have first hand knowledge of all the process. So this make him diffrent from any Immigration lawyers.
    Andrew Dutton, Esq., P.C., lawyers in Franklin Square, NY, New York (http://www.immigrationcounselorlaw.com/)

    Telephone: 516-308-3670
    Fax: 516-308-3669
    http://www.immigration-counselor.builderspot.com
    immigrationcounselorlaw.com



    email.
    immigration_counselor@yahoo.com



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  • usirit
    10-28 08:15 AM
    Sorry you had trouble finding the location. The intersection of roads was the nearest I could suggest.

    Two of is. infact three including Ulises wife Dana were there. The Starbucks we were at was next to Panera Bread on the corner near a large Kohls store and Walmart.

    Once again I am sorry not to have had the chance to meet you today.

    Please feel free to send me a PM, give me a telephone number and I will call you.

    Hey DPP...

    I am sorry you didn't make it... meeting with Lynne was so enriching, I am sure we'll have more meetings to keep setting up our Chapter to promote solutions for all of us.

    Lynne:
    Thanks again for taking the lead of this campaign... Let me know if there is something that I ca do to assist you. I'll get back to you later if there is something in my end.





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  • desi3933
    03-04 11:24 AM
    ....
    My question is - how do we tackle the question if work status is EAD or GC because most times it is asked as a casual question before the interview or during the interview or after the interview.
    ....

    The answer could be
    "I have unrestricted employment authorization that allows me to work for any US employer just like green card holder" [example]

    Employment can ask for valid employment authorization, but not for kind of employment authorization.

    U.S. Department of Labor - Find It By Topic - Equal Employment Opportunity - Immigration (http://www.savingmatters.dol.gov/dol/topic/discrimination/immdisc.htm)
    [From the link]
    The Immigration and Nationality Act (http://www.savingmatters.dol.gov/cgi-bin/leave-dol.asp?exiturl=http://uscis.gov/graphics/lawsregs/INA.htm&exitTitle=Immigration_and_Nationality_Act&fedpage=yes) prohibits employers (when hiring, discharging, or recruiting or referring for a fee) from discriminating because of national origin against U.S. citizens, U.S. nationals, and authorized aliens or discriminating because of citizenship status against U.S. citizens, U.S. nationals, and the following classes of a aliens with work authorization: permanent residents, temporary residents (that is, individuals who have gone through the legalization program), refugees, and asylees.



    ________________________
    Not a legal advice.
    US citizen of Indian origin



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  • return_to_india
    12-19 02:36 AM
    California unemployment quite high.
    I have my backup as India ( i will sell one of my land properties there and survive ,
    also no worry about medical costs - leading cause of bankrupt americans ), but what
    about the citizen here, where do they go to survive ?!





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  • greenlight
    02-18 03:50 PM
    Last Up Date

    Thanks Lasantha and prinve.
    Now how and where do I check LUD?





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  • santb1975
    07-09 11:22 AM
    IV is all of us in here. If we want an issue of ours to be resolved we need to take the lead and be willing to do the Ground work and be consistent with what we are trying to accomplish. Core members are always available to provide guidance

    CP Filed at Mumbai Embassy - India
    PD: Oct 2003


    I would suggest to start a separate thread to know who are CP filers in the forum and then we can have a conf with IV to discuss what needs to be done. We can also send the private message to each to share our contact info.





    Ann Ruben
    02-23 01:51 PM
    Paul,

    You and your wife can simultaneously file an I-130 immigrant petition and I-485 application to adjust your status to permanent resident along with an application for employment authorization. To properly assemble and document these filings--including the affidavit of support---can be tricky. My best advice is for you to retain the services of an experienced local immigration lawyer to represent you through the process.





    sintax321
    09-04 03:32 PM
    You are right that picture explains everything=)



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