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guyfromsg

09-20 02:37 PM

Just got H1 7th year ext approved. Planning a trip to Chennai in Nov. Tried to get the VFS appointment and nothing is there for this year. There used to be an emergency appointment link and it's no longer there. Am I missing something?

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potrero

04-30 08:31 PM

I am not sure if this question being answered in this forum.
Need experties if any one have this situation.

Employer: X (Old Employer)
Labor - EB2
PD - Sept , 2006
I-140 Approved

Employer : Y (Current)
Labor : EB3
PD : May 9 2003I
1-140 Approved
I-485 : Pending

Q : Is it possible to change/port category EB3 - EB2 and keeping the EB3 Date of 2003
Q : How is the apeal done considering I-485 is already filled.
My Attorney says better to file fresh EB2 with current company.

Please reply with your experties or if being deal with this one.

-Thanks
Potrero

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gccovet

05-08 07:52 AM

Hi,

It appears TSC (Texas Service Center) started using new system CHAMPS, which is not connected to the online case status system.

Any one saw either SOFT / HARD LUDs on their cases pending in TSC in last two / three months?

Thanks
Bob


Several of us received soft LUD on I-485 during April 2nd week through 1st week of May, there are several threads discussing that.
GCCovet

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saketkapur

08-18 06:22 PM

please pardon my ignorance but I was under the assumption that labor subsitution policy was discontinued by the USCIS on july 16 2007...........

please correct me if I am wrong or not reading the particulars of this case correctly.......

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diptam

08-20 09:22 PM

Last months 3 days , this month 11days movement only for I-140 skilled !!

Looks like NSC staffs are all busy opening July 2nd packets :D


https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC

That's for NSC.

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LostInGCProcess

01-16 10:20 AM

It is considered fraud if you go for H1B stamping and you don't have a job. If the consulate gets to know that you don't have your job anymore and you were aware of that fact when you applied for the H1B visa, you could permanently be barred from entering the US.
I would advice against such a move. Try to get a new job and transfer your H1B and then go to India for visa stamping.

In a way you are right but not entirely. It is the responsibility of the sponsoring company (that filed H1 for the person) to pay while he/she is employed with the company. Its does not matter whether he/she has a client project or not. So, as long as the sponsoring company say they are going to pay him he/she is legal.

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korient

07-11 02:53 PM

Hope someone is close enough to help.

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InTheMoment

08-12 06:16 PM

Even when NC is pending the actual EB1/2/3 GC is a regular 10 year validity (validity of the card) GC with no annotations/conditions.


How do you know that your 485 was approved even if NC was pending? Does your GC - physical card or the approval notice/emails - indicate that your approval is contingent on NC?

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pappu

12-05 08:24 AM

That's true for my case. My labor certification was denied once due to the naive aknowledge of my para-legal attorney. It caused my LC was delay 1 year then I was stuck by Retrogression. Again at filing I-485, if I have not carefully studied the immi laws and reviewed my case, my attorney might mess it up. Many times I found my non-professional, clumsy knowledge on Immi laws is even better than my para-legal attorney
http://immigrationvoice.org/forum/showthread.php?t=2453

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rajeshalex

09-24 01:45 PM

AC 21 doesnt restrict for future employment. Purpose of AC21 is for an employee not to stuck with an employer in case of delay in GC. In this case there is a substantial delay from USCIS and hence you can use AC21.

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bkn96

11-25 12:25 PM

hi kprgroup,
congratulation.. I am in same situation. My previous employer withdrawn approved 140, I moved to new employer after 1 year of 485 pending. I didn't filed AC21 papers and currently working on EAD not in H1 staus.

I left PM to you.

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IVLageRaho

09-23 04:40 PM

Hello,
We were current in the July bulletin (PD Dec 04, EB3 India) but did not apply for AP along with 485. I sent the AP application on Aug 16, after over-the-phone assurances from USCIS that I can apply with old fees as long as the application is post marked before Aug 17.

The application was not delivered for some reason on the 17, although I sent next-day express, but on the 20th. The application was returned citing incorrect fees.

I read in a thread on IV that such cases can be addressed to a specific officer, with clear instructions to the mailroom that they should not open/process the application. But inspite of a long search, I could not find that thread again.

Could someone please point me to the correct thread, or to any information about this exceptional process ? Can I speak directly to this officer ?

Thanks for your help.

I also my filed my 765 and 131(AP) on 15th August and they received it on 16th August. My 485 filed by attorny on 12 th July. I my slef applied EAD & 131.

on 12th Sep uscis refused my file 765 & 131 and sent it to me to my home address as I filed it.

on the same day I type a covering letter in think blue color paper - mentioning .

ATTN: CRU Supervisor - Case Improperly Rejected for Fees.

And I explained in the covering letter the amount of the fees paid and the date the case was received.

When you recieve your file back there should be fedex receipt with the file . don't tocuh any thing just add the cover letter - put the refused papers in one envelop and after you sealed the envlop - attach the covering letter on the envolop put them together in fedex cover and send it again.

I have sent my package on 12th evening it self on the same day when I received it. with over night option that has been received by the uscis on 13th Sep and - I got the receipt notices on 21st - the receipt date they mentioned on the receipt is 13th July, which is actuly receipt date for 485.

Best of luck

See the question number three answer by murthy -
http://www.murthy.com/news/n_faqrec.html

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InTheMoment

03-23 03:40 PM

You can give your OPT A# but once you're assigned a permanent visa number, they'll give you a different number. Your OPT A# is just a temporary number.

I think you mean once you are assigned a permanent A# ! It is assigned before a visa number is assigned.

A number series starting with 1 (eg. for OPT) are temporary. Those starting with 9 are permanent.

USCIS has a regular A# consolidation unit as well as a column to check for more than one A# on their internal worksheet for I-485.

Bottom-line: give your OPT A# and they will take care of the rest. This is what I did and worked.

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kittu1991

07-17 07:18 PM

We travelled last year from Kochi to SFO with no issue. Yes you have to go secondary room. Based on the number of people ahead of you, your wait can vary. But once its your turn it should take only less than 5 mins.

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redcard

02-13 01:05 AM

Hello all,

Is there a law that grant green card for a person who's been in the States legally for more than 10 years?

Thanks

Oh Yes there is a law and its called 'VISA BULLETIN'. The law is enforced every month by Lord Charles Oppenheim who is the judge & jury and USCIS being executioner and we all the defendants. Its one of the most fairest law which is primarily base on the country of your birth.


Here is the latest copy of the law http://travel.state.gov/visa/frvi/bulletin/bulletin_4659.htm
:p

Here is the latest copy of the law Visa Bulletin for March 2010 (http://travel.state.gov/visa/frvi/bulletin/bulletin_4659.html)

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andy garcia

02-21 09:22 AM

I don't have the stats right in front of me, but it is my impression that except for a few odd years (FY06 comes to mind), EB-1 did not max out its numbers. Using EB-1 for L-1 executives is a relatively new idea.

This is the EB1 the usage for the last 14 years

06 = 36,960
05 = 64.731
04 = 31,291
03 = 14,544
02 = 34,452
01 = 41,801
00 = 27,706
99 = 14,898
98 = 21,408
97 = 21,810
96 = 27,501
95 = 17,339
94 = 21,053
93 = 21,114

The limit was at least 40.040 for each FY. In FY 06 it was 41,170. As you can see the limit has been reached twice in the last 14 years.

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desiron

08-08 08:56 PM

I agree but this statement "previous editions of the I-485 form accepted" sounds like a generic one because today's FAQ clearly relates to "EB I-485" and the word "Should", not "may or can"... thats what puzzling me...

Thanks

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s_r_e_e

11-26 05:29 PM

congrats..

I think, with attorney advicing you not to travel you should be able to convince the management about the need to cancel the trip for 'immigration emergency'

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kukitron

10-05 08:33 AM

Great info,

Cons
Salaries are quite low compare to the US,

Pros,
No Visa retrogression

thanks

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softcrowd

02-07 09:46 AM

As many people stated already, Parents do not qualify for H4 status. They can come here on Visitors (B2) visa but that way their stay here can not be more than 6 months & frequent such stays also raise a red flag.

So, unless one becomes Citizen - I can't think of an alternative to bring parents on a permanent basis. I wish there is a way too!!

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puzon23

02-12 11:40 AM

Yeah, I would have liked to apply a year ago but at that time my employer and I had a different arragnment. Anyway, Hellomms, you are talking about me getting H1B extended but to do all that I have to submit my PERM application first and I really think it will be difficult to even get through the recruitment process at this time. DOL is already talking about watching more carefully and many EB2 cases get audited regardless. Anyway, givien the details I gave in my first post, what would you guys advise, go to Canada and reset the H1B clock or try to force PERM now?

Please advise! Thanks!

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