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  • veni001
    06-18 10:25 AM
    As far as i know only time you can recapture PD is if you filed I-485 and 180 days passed, If you haven't filed for AOS and your approved I-140 is withdrawn by the employer then you can not recapture that PD.

    I would check with a good immigration attorney before making a decision.

    Yes. Make sure you get copies of the approval notice of the I-140 before you part company (no pun intended). This will be the proof you require to port your priority date to another EB/I-140 some other time. This will be valid even if your employer revokes the I-140. The only instance this will be invalid is if the I-140 is revoked because of fraud or misrepresentation.

    I am not a lawyer and this is not legal advice. When in doubt, consult a qualified attorney.





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  • Ann Ruben
    06-30 11:44 PM
    In my opinion, USCIS should grant Company C's H-1 petition though they may deny any extension request and thus company C's petition would only be valid through the 2011 date of Company A's petition. You will then have to travel out of the US to get an H-1 visa stamp before the 2011 date.





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  • cjagtap
    11-17 07:53 AM
    I received my AP for the entire family thru' my lawyer and USCIS webpage is still showing that my 131 is in progress and case pending???
    Hope it should not happen to the final GC!
    Anyone like me?





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  • niles123
    12-26 01:32 PM
    Chantu,
    Thanks for the link.. I looked up my case and the status shows as "CERTIFIED-EXPIRED". Any idea why it shows as "EXPIRED".. I applied for labor on Oct16, 2007, labor approved on Dec 3 07, I140 applied on April 8th( within 180 days ), I140 Approved on July 28. Just wondering if this is something i should be concerned about..

    Thanks

    I think, if you don't have labor doc, you can go to FLCDataCenter.com (http://www.flcdatacenter.com/) and search for MS Access document for the year when you file for the labor. If you have the number from the LC doc, search for that number in the access file and you will find the details of your case.



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  • ItIsNotFunny
    10-22 10:24 AM
    Gurus pls help,

    Here's my situation.
    I'm a derivative and recently got an interview notice.

    1) My spouse came here with H1 status (without me). Because my spouse's company can only start processing my H4 visa, 3 months after my spouse start date. Since it will be difficult for us to be thousands of miles away, we decided to use my tourist visa and come here so that I can join my spouse. So, I came here initially in B1/B2 status (around February 2006). After 3 months (around May 2006), I got a job offer from one company and was willing to sponsor my H1 visa. During the H1 processing, I had to go back home for emergency. Again came back to US using B1/B2. After I came back, we got a RFE asking for the new I-94. Then, my H1 was approved around November 2006 but only started getting paid around May 2007 (after I got a client).

    If asked during the interview, when I started working? Should I answer November 2006 (when my H1 visa was approved) or May 2007 (when I started getting paid bec I got a client)?

    2) Late last year we went to Canada and our I-94 was not taken from us. We were told that it's because we will be in Canada for few days only. Hence, we dont have a new I-94 in our hands. Currently, we're still holding old I-94. When we filed our I-485, the last entry date we entered was based on the Canada trip so it wont match the date with the old I-94. Will this cause a problem during the interview?

    Please let me know your thoughts. Thanks


    There is a descripency / issue. First of all why do you have to involved company for H4 visa? It has nothing to do with H1.

    Canada visit should not create issue as per my opinion.





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  • pitha
    07-11 11:49 AM
    we made our point, lets move on to the next thing, which might be contacting senators, making them aware of our issues and showing them to coverage of flower campaign in NYTIMES, washington post, reuters etc,



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  • bbct
    03-06 08:23 AM
    In India, as of this day only Rs 1L is secured if a bank fails ............... isn't that way too low.
    http://www.dicgc.org.in/GuideToDepositInsuranceInIndia.htm#q3

    That is way too low compared to what FDIC insures us.





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  • div_bell_2003
    10-16 02:16 PM
    As far as my understanding goes , AC-21 is nothing but a rule/memo that allows you to change your GC sponsoring employer. You can decide not to send the AC-21 papers , which pretty much means that your previous company is still your GC sponsoring employer and you are required to work for them once the GC ( also please understand that GC is for a future position ) is approved and stay with them at least 6(or more) months otherwise later down the road ( when you might want to become citizen of this wonderful country) , it might cause some problems to the extent of USCIS determining that as some sort of immigration fraud.

    My lawyer , who is with a pretty big law firm in the SF Bay area, had informed me that it is always a good idea to port the GC sponsoring employer when you change jobs, if you have no intention of going back to your previous employer and work after the GC is approved.

    I've changed jobs and and my lawyer has sent the AC-21 papers recently (I don't exactly know what he has sent, but he did ask for my 485 receipt and if my I-140 has been approved )

    I'd suggest not getting side tracked by the USCIS errors and do things the right way. Good luck.



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  • sweet_jungle
    12-04 05:46 AM
    This year in August, most of the WAC I-485 cases were given an unfair beating and were largely neglected in the approvals. Most of these cases are not current now but many will become again next year. So, based on this year's experience, we need to prepare so that we do not again get beaten up. By WAC I-485 cases, I mean cases filed in July 2007 in NSC but were receipted at CSC and sent back to NSC. In g neral, it applies to all cases which were transferred between centers

    There were mainly 2 issues faced:

    1) Biometrics for these cases do not get attached to file. Reason is when we do the biometrics, the results are sent to CSC because the case number starts with WAC. The results do not automatically get transmitted to NSC. Most of us had to make phone calls to make it happen. By that time, precious time was lost and the visa numbers got over.
    The issue will now again come up as most of our fingerprints are approaching 15 month expiry. So, when we again do biometrics in the next few months, the results will remain stuck at CSC.When in July/August in 2009 , we will become current again, our cases will not get picked due to lack of biometrics. So, how do we go about fixing the problem? Writing to ombudsman? I am looking for suggestions. I did write to ombudsman and got some standard response.

    2) Second issue faced was inability to file service requests. Even though processing dates were more than 30 days from receipt date, the system was not allowing filing of SRs as it was taking the reps. to CSC 485 processing times which are stuck at 2006. This is totally unfair and if a LIN person is able to file SR we should get the same right. True, SRs often invoke some useless response. But, if PD and RD are current, it can be quite useful.

    So, I am asking for suggestions for tacking the above problems so that we can be prepared for next year. The time to act is now.





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  • pom
    04-28 11:34 AM
    Originally posted by cybergold
    Hey Pom, where is Senocular's Robot, it was a very nice one. Deeply sorry :x I've fixed it now...



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  • LostInGCProcess
    06-12 06:02 PM
    No need of new H1 if company 'B's' HR has agreed to continue with 'A''s employees.
    1. Get a EVL letter from company 'B'. (This is assuming name of 'A' will change to 'B' or new name.

    2. You need to get a "Letter of Acquirement" from HR of new company (I am assuming that the name of the company is changing as well). If name does not change then you should be fine. If you have to travel out of US, you need to carry latest copy of EVL(of new company) and "Letter of Acquirement" along with you. (I went thru these few years back, PwCC bought over by IBM, immediately after the takeover I travelled out of US and came back without any problems(on H1)) this was quite a while back though, you may want to check with your company attorney though.

    Note:
    "Letter of Acquirement’ would state that your 'A' company was bought over by 'B' company on Date and name has now changed to 'B'.

    Good luck.

    GCCovet


    They have sent me a "Acquisition Notification" letter (pdf file). In which it says "NEW Company has acquired OLD company via 100% stock Purchase."

    Also in the letter it says "NEW company succeeded to the interests and obligation of OLD Company . NEW Company has assumed the liabilities and obligations of the H1B employees of OLD company.

    And its signed by both parties of NEW and OLD company.

    Is this letter sufficient for me to hang on to?
    Should I ask for EVL too?

    I am worried because my last payroll was from the new company...My OLD employer told me otherwise that everything would be same....i mean no company name change etc...apparently he lied to me.





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  • bigboy007
    03-05 12:05 PM
    i doubt they woould do an inch in our against , Social security , Medical is something we pay without even thinking of it there are more than 300K + in our boat and thats huge money 300,000* 300 on 90000000 thats just social security so no worries relax .



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  • diptam
    07-01 03:21 PM
    The expenses are definitely required - i probably did more renewals and visas than you but that was borne by my H sponsor employers in all cases. Why did you pay on your own ?? Generally peoples who gets paid in Bill rate and make very good money they pay on their own and they don't care 20-25K given the enormous money that they made in 6+ years of H clock.

    Regarding GC - my employer paid LC fees, 140 fees and i picked up the fees for 485/EAD/AP because i wanted control on the AOS. I dont want RFE letters to go my employer or their pet lawyer when i've ported off to somewhere else.

    Push your employer - why they are called sponsors in H1 based immigration system ?

    20K = Using an attorney for H1B Visa, 4 H4, Renewal of H1B Visa + 4 H4, Sponsorship Company got bought and change name = Re-Issuing H1B Visa, PERM Process....

    But still.... people ask why illegals just don't come here legally?????? :mad:





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  • anda007
    07-11 12:22 PM
    Kindly send me a template of letter to the senator and address of them

    I am going to send cards and letter.

    If you do not agree with this idea, I apologise.
    I did not send the flowers, bcos IV told me. I sent it, bcos I felt it right !!!



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  • silvergga
    02-27 02:20 PM
    Mostly my question was misunderstood...

    I am not asking about Visa Bulletin etc. I know about VB. I am also not asking about porting EB3 to EB2. My question is very very simple...

    "ASSUME" that EB2 and EB3 dates are CURRENT then who would get priority? Is it based on RD? or EB2 vs EB3...

    1) EB3 people believe and argue that it doesn't matter.
    2) From what I have noticed on , eb1 > eb2 > eb3.
    3) But it's not like USCIS will process all eb1 cases, then eb2 cases, and finally eb3 cases.
    4) In the end, USCIS is a black box system and no one knows exactly how they work.
    5) If your PD is current, be happy and your GC should come soon enough. Why bother about the details?
    6) The simple logic is, eb1 has higher qualifications than eb2, and eb2 has more qualifications compared to eb3. If you believe they treat everyone the same, then be happy and stick with your belief.





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  • hoolahoous
    07-14 09:30 PM
    When my AP came up for renewal my attorney asked to get new set of photos.
    In addition my cousin's EAD application got RFE'ed to get new set of photos even though the photos were recent. The reason given was that they had used same photos to renew their visa few months back (less than 6 months).
    Is USCIS coming up some new rule about photos being 'unused' ?? The guidelines say that photos should be recent (taken in last 6 months). However nowhere I do I see that the photos should be 'unused' previously ?
    Anyone else had same experience ?



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  • maverick_joe
    11-16 01:03 PM
    same situation here, never received the EAD and the IO asks us to re apply with the new filing fee of 340$ even for the replacment EAD.





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  • gc_dreamer_485
    10-04 03:17 PM
    Hi Folks,
    I had applied for AOS,EAD and AP for me and my wife on July 2nd.
    I got my EAD, Finger Printing Notification, but my wife's application got returned on Aug 30th. I called USCIS after 3 months to find out status on her case and they said it was returned on Aug 30th which we haven't received so far. The reason for rejection was incorrect or missing check.:(
    So, can please any one tell me if i can re-apply her case even though i did not get her application back?
    Any information on this will be greatly appreciated.

    Thanks a lot
    gc_dreamer_485





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  • arc
    10-04 04:57 PM
    From Poll results, it seems there r 3 people who got their FP notices already. Just want to make sure--you guys are NSC->CSC->NSC transfer cases or was it Xfr'd to TSC?

    None of them is a transfer case nsc>csc>nsc... I checked their posts, That means NONE of nsc>csc>nsc transfer cases have received the FP...





    jonty_11
    07-05 04:31 PM
    labor Substitution ....Heloooo!!!!





    hopefulgc
    01-26 02:33 PM
    Sounds like a far shot.. but if government can start distributing money.. why in the name of all that is Holy can they not do this:
    "All pending immigration adjustment applications get expedited with an appendage clause that the beneficiaries need to express commitment to staying in US by buying a residence."
    How will that not help the ailing real estate market? I know this idea has been shot down gazillion times ... but we need to really stop looking through the cloudy kaliedoscope to atleast give this idea the merit it deserves.

    After all these is something called as 'GC by investment'. Why not something in between?

    The good part is that then anybody opposing this would then be indirectly opposing the future and much needed growth in US.

    <EOM>



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