Thursday, June 30, 2011

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  • Foxy1
    12-12 10:41 PM
    I just noticed that the I-140 my lawyer submitted 3 months ago to Nebraska has a typo in my DOB (21/07/2978 instead of 21/07/1978). Yes its a thousand years out! A copy of my latest I-94 and visa both showing my correct DOB were also submitted with the I-140.

    Do any of you guys think I'll have the I-140 rejected, recieve an RFE, or will the Nebraska officer just use common sense and amend it himself? What do you reccomend I do if anything?

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  • Mr. Brown
    12-10 03:37 PM
    Does anyone know what 202(a)(5) is and why doesn't it apply to EB3?



    Based on current indications of demand, the best case scenarios for cut-off dates which will be reached by the end of FY-2010 are as follows:

    Employment Second:
    China: July through October 2005
    India: February through early March 2005

    If Section 202(a)(5)were to apply:
    China and India: October through December 2005

    Employment Third:

    Worldwide: April through August 2005
    China: June through September 2003
    India: January through February 2002
    Mexico: January through June 2004
    Philippines: April through August 2005

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  • martinvisalaw
    08-07 12:16 PM
    Should I go to Canada or Mexico and re-enter US with EAD/AP before my AP expires to start working on EAD and avoid any "out of status" issues ?

    Does Canada Mexico ask for valid VISA and I-94 to get a visitor visa?
    Should I go to India(my home country) and re-enter US before my AP expires to keep my status ?

    It doesn't seem to me that you need to leave the US at all. You are authorized to stay here because you have a 485 pending. You can work using your EAD. The company should have reverified your I-9 form when the H-1B expired, assuming that you showed the H-1B paperwork to complete the I-9. However, since you have an EAD, you were not working without authorization.

    However, you have a lawyer who has reviewed all your paperwork and presumably s/he knows something that I don't.

    Whatever you do, you should NOT try to enter the US as a visitor when you really want to work here and be a permanent resident. That would be fraud.

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  • desi3933
    02-24 10:58 AM
    Currently my wife is on H4

    I'm planning to file H1 for my wife ....

    How can you file H-1B for your spouse? Please explain.


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  • bestia
    07-20 02:02 PM
    Hi Gurus i need your help, here is my situation :
    Currently I am working for company B and have not started PERM process yet from this company. But i have an approved i 140 from company A and my lawyer is saying that i can go ahead and file 485 on the basis of approved I 140 from company A. Meanwhile he will start PERM from company B and he is saying that by the time USCIS open my application of 485 and create RFE I will have I 140 approved from company B and since it's the exact same job we will be able explain USCIS about the intent of filling.
    Is it ok to go ahead and file 485 becoz i will not have the employer's letter from company A and also the paystub will be from company B and not A.

    Am i heading towards trouble ??? please help GURU's

    thanks in advance.

    What's your PD? if it's around 2002/2003 - then you will become current after Oct anyway, so you can apply with "clean" 485. Then I wouldn't bother. If your PD is 2006/2007 - then it's worth trying, it may work. At the worst case 485 will be denied, you will then file another "clean" one in that case.

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  • vaishnavilakshmi
    06-22 11:20 AM
    Can scanned copy be submitted to USCIS for affidavit of birth or we have to submit the affidavit in original?



    Yes u need to submit only scanned copies/photocopies to uscis along with i-485.And keep originals with u.U might be asked to show the originals only at the time of interviews and also incase if they have sent u any RFE.
    I too submitted the scanned copies as per my lawyer's instructions.



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  • nychyd
    01-05 06:01 PM
    My H1B was filled 4 years back, with 20k less than what I am making as long as i making whatever i filed in H1, I should be fine..right ?

    Since you're on H1 that might be a problem as your W2 will reflect the lwage info . You can either take a leave of absence for a month or 2 (not more than that) If there's a query during H1 extension , you can let them know that you had taken a leave. Draft a leave letter and mail it to the employer so that he has it in records.

    But if you use your EAD it doesnt matter. You dont have to worry about the 3months.

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  • bkshres
    10-07 03:59 PM
    Any suggestion whether to switch attorney after using AC21 and moving to new company?


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  • kisana
    08-15 11:07 AM
    I am currently working for compnay A. I got selected for company B. They already started my H1B transfer. But some how I got in troouble in one offense. I already told my company about this offense, they are saying they will be able to support me on the employment point of view. I have fear in my my that if something goes wrong I may not be able to join that company.
    I am curretly thinking to deny the offer. Compnay B is okay with that, only they are saying that they have to back out the paperworks i.e. probably cancel H1B transfer. Is is going to create any problem for me as my current employ is also ready to start my H1B renewal. Also I have EAD with me, is there going to be any problem for GC.

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  • gps001
    06-30 05:39 PM
    Thanks. I thought so too.
    Since your attorney is not filing (No G28 is filed when you DIY). I did this and I got approval for both EAD/AP in a month's time.


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  • cableman
    06-12 03:37 PM
    Hi all, could U pls. refer a good immigration lawyer in the tristate (NY/NJ/CT) area. Thank u.

    My old company used Fragomen' NJ office. I found them very professional.

    Iselin, New Jersey
    99 Wood Avenue South, 10th Floor
    Iselin, NJ 08830-2715
    Telephone: +1 732 906 1230
    Facsimile: +1 732 906 9190

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  • njboy
    10-16 01:33 PM
    Unless you serve in Armed Forces

    You cant get into the armed forces without a GC


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  • rameshraju11
    10-30 01:13 AM
    This GDP growth because of the gov simulation: cash for cars, first time home buyer credit etc. we should not expect any steady recovery till 2011. I do not think employment creation will be happened on 2010.

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  • JaisGCQuest
    10-03 05:34 PM
    Once your I-140 is approved you can retain your Priorty dates. Even if the Company A revokes your I - 140 [ which they cannot do like that..they should have a valid reason to revoke anyones I-140 - either fraud or you are convicted for something ] . Now do you have the copy of your I-140 approval because that will be needed !



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  • sdckkbc
    02-04 12:23 AM

    I have filled the form today. Can you plz tell me what exactly is the verbiage of the question and which section of the form it is in?

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  • vikki76
    08-20 03:23 PM
    I would recommend find a new job for H1-B transfer rather than going through F-2 route.


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  • Munna Bhai
    01-25 08:21 AM
    min GC required:eek:

    Is it possible that someone else will sign an NDA and you work on small modules at the background !!

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  • lonedesi
    08-05 12:22 PM
    The thread you linked for I-140 delays. I am asking about I-485 approvals :)

    I am waiting for my I-485 approval too. So you can change I-140 to I-485 and send the letter to Ombudsman's office.

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  • fatboysam
    02-12 05:18 PM
    I am on h1b with a PD of JAN 2009 and I140 approved, i am changing a job, what is the procedure of I140 transfer ???


    12-12 09:51 AM
    I have an opportunity to do some consulting work for a company B on a part-time basis apart from my current full time job with company A. I know that I will need another H1 for the part time gig but what I am confused about is whether the company B has to wait for next years quota to file for an H1 or can it file immediately ? Meaning is the H1b quota tied to max no of individuals ? or to max no of positions ?

    I would appreciate if some one knowledgeable about the issue can comment on my question:confused:

    06-28 10:03 PM

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