Wednesday, June 15, 2011

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  • austingc
    12-26 10:41 PM
    Dear Mr. Rude Know it all aka austin gc,

    I guess u meant theriyumo theriyatho(thriyumo thriyatho??). It suits you well.

    I would appreciate if you keep your suggestions to yourself. keep your corrections/suggestions to the topic as i was not addressing you or anyone is personal. Guess the basic manners of "non personal attacks in public forums unless personally addressed" evades your pea brain. Do not address me anymore, post about the topic to keep it a healthy discussion. It is one thing if you corrected me / its another that you had to talk about my 2 cents and suggest me names. Do not bother attacking me personally , you will be ignored !.

    On the topic, the thread opener can talk with his lawyer on what i posted.

    Even if the current 140 is delayed/denied(God forbid) for any reason, he can always file for another fresh 140 on the same labor. The labor does not get cancelled as long as the first 140 was filed within 180 days of the approval of labor.

    Robert, unless the 140 had a issue with some educational req in labor that you do not meet, you will be able to keep your same PD, even in the worst case scenario of filing for a fresh 140.


    I do not know you personally and I did not mean to attack you. First of all I am really so sorry that you felt that way and I apologize for that. When you post something in the forum, it’s not personal anymore. There are lots of people give free opinion based on rumors and confuse the person. There are a lot of so called lawyers around us who makes so many mistakes and ruin innocent people’s lives. In my opinion, people in the forum know immigration policy better than them. That’s why folks come here to post their questions. I have been around in these forums for years and years and reading several forums since 2003. I do not post anything unless until I had personal experience or I know the answer for sure. I have seen people repeatedly post incorrect information which completely contradicts original poster’s question. So once again I apologize and I have nothing personal against you.

    Let’s come to the topic. The original poster clearly mentioned that his 140 was denied and his current H1B approval was based on his pending labor and since he applied for I-140 it is not pending anymore. Your answer was ‘He can file extension based on approved labor’. He did not mention anywhere that he filed his extension based on approved labor.

    You said ‘H1b extensions can be done based on approved Labor alone. You need i140 only if you need 3 year extensions. You mentioned the extension filed is based on approved labor. You I140 status does not matter for 1 year renewals. This is my own experience’.I had asked you to tell us exactly about your personal experience to clarify things here but you did not post it. I think you may have forgotten. Again, I am not attacking you personally but wanted you to post your personal experience that was related to the original posters question here, so people who read this particular topic can get educated including me. You are welcome to post any link to USCIS guidance if you have one.

    If you want to say anything about me other than the topic then you can send me a personal message and we can talk, so we will not waste everyone’s time. Yes, I made a mistake by asking you to change your screen name but lets take that away from this topic.

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  • katrina
    01-04 02:52 PM

    I have a serious problem and I am not sure what would be the solution. My wife came on H4 in 2001 and we applied for H1B and we got an approval which was valid until Oct 2006. But, in Mar 2006, due to some personal reasons we applied for COS from H1B to H4 and we got H4 approval which was valid until Aug 27, 2006. Before the expiry of H4 status in August 2006, we decided to apply for H1B and since her H1B was valid until Oct 2006, our attorney applied for H1B under I-539 and they didn't apply for H4 extension simultaneously. Meanwhile, while the H1B was in process, we applied for premium processing later which added few problems. We got an RFE on this case and our attorney answered it by sending appropriate docs but again we got a second RFE which is not answered yet.

    Right now she is out of status and also, what will happen if her H1 is rejected and is it possible to apply for H4 right now, since it was expired in Aug 2006. If her H1 is rejected, can we apply for H4 even though her H4 was expired few months back or she has leave the country. Please help us out.

    Thanks & Regards,
    -- Venkat

    I-539 is the request to extend or change the immigrant status,
    I don't think your wife can extend her H1b status after she change it to H4 by filled the I-539 from. The only exention in I-539 form is extension to stay.
    I'm not a lawyer but as far as my experience, In order for a person who previously has H1b then has H4 get back to their H1b again, they have to reapply for a new H1b visa (the process kind a similar like transfer H1b since it will not count toward the caps).

    My sugestion right now is consult with another lawyer and see what they suggest. If you have the ins receipt for the extension (from I-539), see what stated in it. Hold on to that receipt.

    you can't rely of people opinion regarding your case, when you have trouble and if you have a good lawyer they should represent you and assure you that they did the right thing. If you're not sure about your lawyer ask another lawyer, keep looking for a lawyer that can give you suggestion and make sense.

    Good luck.

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  • mrdelhiite
    07-11 03:34 PM

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  • GCwaitforever
    09-18 10:47 AM
    Why focus our energies on cosmetic changes?


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  • doctor
    01-26 04:10 PM
    Thank you so much for your responses so far, it is a good starting point for us.

    [QUOTE=ryan;2280334]Please, don't take this wrong way. I assume you moved to the US to seek the positives this land has to offer your children, whilst holding on to certain cultures / values from your hometown. Hence, I don't understand why ..QUOTE]

    Ryan, As I mentioned it is not about us (parents). We either ignore it or dont come across it openly. I have been out of india for long time now but never had to consider this before. It is different for children and playgrounds, it is not about missing india. Maybe you dont have small children or if you do please let me know the different cities you have lived so far and I will appreciate it.

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  • sbvw76
    06-02 10:59 AM
    Are you not suppose to go back to your country and come back in H1b since L1b is intra-transfer with in your company A?

    Pl. consult an attorney..


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  • mdcowboy
    10-04 02:10 PM
    Is it advisable to put in a big % of your income into the retirement account. There seems to be a nearly 30% early withdrawal loss if you ever were to pull money early out of that prior to 60 years of age. So basically your own money will be lost.
    Any ideas on this issue? It is not that I am planning to withdraw early but just for information purpose.

    I contribute no more than 10% of my pay towards my 401K. I would not contribute more than this because I don't intend to stay here for a very long time. Also, I would be happy to put my money in savings with a decent return and stocks rather than my retirement fund.

    I am not sure about this but I guess if you plan to return just have to pay the taxes and not the penalty? You need to get this verified.

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  • vrbest
    01-21 05:50 PM
    Sorry.. might be a dumb question.. Do we get I-94 when we enter using AP - If so what would be the expiry date on it and do we need to renew I94 every time then...

    Also I have H1B extended till 2011 but stamping on passport expired already.. If I come back using AP, can I still be on H1B status ?

    Thanks in advance!


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  • abhay
    10-29 03:11 PM

    I entered Passport Issuing city as Bangalore instead of Washington DC in DS-156 form, I am not able to update these fields as they are locked. I cant cancel this appointment as I have already done once before and if I cancel again I wont be able to book for another 3 months. What do I do? Please respond if you have any answers. Will calling the New Delhi customer support line help?


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  • delax
    07-16 08:55 AM
    USCIS decided a date Jun 1, 2006 to be current for EB2, so that Visa Numbers are not lost this year. This they decided on the basis of numbers of applications they were able to process by Jul 8, 2008. We all know that I485 Processing Date for NSC was Jul 28, 2007 and TSC was July 17, 2007. These dates were posted on Jun 15 and by July 8, might have moved by a day or two.

    Last year USCIS announced (I remember it was last quarter) that for processing all the files received will take around 18 months. We have just 6-9 months gone.

    Jul - Sep, the Priority date should not change, because USCIS has to approve all the processed application, they think approvable.

    In Oct, also it may remain same, but after that, it will not be able to sustain demand and face retrogression. Nov 2008 to Jun 2009 there may be seesaw of Priority Date +/-1 years of 2005.

    Jul-Aug 2009 USCIS may come across similar situation as this year - but in this case all applications of July 2007 processed - I think that time PD will be some date in 2005.

    Right now Processing date might be frozen of 2-3 months, because USCIS may put entire energy in approving EB2 processed cases.

    You may be correct about the PD see-saw but I am not convinced about the RD logic. I know of at least a dozen friends (EB2-I) with PD in mid 2003 who filed in June 2007 and were approved by Oct 2007. The RD during that time was in 2006.


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  • chanduv23
    12-08 08:43 PM
    Lets reach our target soon- come on fellow IVans - come on - please contribute for a good cause

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  • GCVictim
    08-28 05:02 PM
    I am also in the same boat. Me and wife applied (efile) same time. Mine EAD has approved. For her still pending. Both APs also pending.

    RN: 26-june-2008
    FP: 17-Jul-08
    My EAD Approved Date: 26-Aug-2008


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  • minimalist
    10-18 11:55 AM
    Based on information I gathered,we need to have original 485 filing receipt to be able to use EAD for extending drivers licence. One question I would like to explore is has any one had success requesting a 485 receipt from USCIS?.I researched on the topic and called USCIS also and the answer I found is that USCIS will not reissue 485 receipt notice.I would like to see if any IVians have a different experience.

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  • kirupa
    01-01 09:02 PM
    I've updated the guidelines to reflect these two issues.

    I put the gradient as a color thing, but I'll clarify in the guidelines that background colors are cool.

    glos - AS2 is fine as well :)


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  • kannan
    07-21 02:07 PM
    My 485 details

    PD Nov 2005 EB 2 India Ported from Previous employer
    Applied date July 2007
    ND aug 23
    Ist I 140 approved jan 2006 --( This got the below message)
    2nd I 140 approved Mar 2007

    Today I got a CRIS mail ,that my already approved I 140 got a status

    Current Status: Case Transfered to Another Office for Processing.
    On July 20, 2009, we transferred this case I140 IMMIGRANT PETITION FOR ALIEN WORKER to our LINCOLN, NE location for processing and sent you a notice explaining this action. Please follow the instructions provided on the notice. We will notify you by mail when a decision is made. If you move while this case is pending, call customer service at 1-800-375-5283 to update your address. You can use our processing dates to estimate when your case may be processed by following the link below. You can also receive automatic e-mail updates as we process your case by registering in the link below.

    This is my Previous employer's I 140approved in jan 2006, I transfered the PD .Any thing is wrong. I am so scared . I was laid off from April. Till now I did not get any Job.
    Do I have to worry because this is my previous company I-140.

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  • eb3retro
    10-29 10:04 AM

    i sent you a pm..could u pls respond. thanks.


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  • ndialani
    11-21 04:31 AM
    Experts, which is a better location for TCN H1 stamping? Nogales or Ciudad Juarez.

    I plan to visit one of these for H1 stamping. Any guidelines you can provide would be very helpful.

    Also, I am getting Nogales at 8 AM but I also need to get a check made from Banamex. Is there a BANAMEX in US that makes the visa check?


    I live in LA , my wife and me drove from LA to Nogales. You can fly into Phoenix and rent a car. Phoenix to Nogales is 1.5 hours only.
    We stayed at Best western , which is RIGHT at the border. (Nogales,Arizona).It is owned my an Indian, he was very helpful. Most of the people end up staying there. Dont bring your car to other side. We call the cab at 7 in the morning. I guess he only charged like $7-8 dollars. Its only 1 mile.
    You just walk across the border. No questions asked. Get a cab, they all know it!!!!
    i guess we paid $10-12 dollars . He will take you to BANAMAX bank which is walking distance from the US embassy. Try to be the first one. They only accept CASH(Dollars).;
    Get the draft and walk back there. you will be required to show your passport at the bank too.
    If you are in a group or couple of you. One can stand in the line and other can to to the bank.
    Sprint phone works well over there at the border.
    If you have an I phone.....o'well!!!
    If your case is straight should not be a problem. They will tell you , to pick up your stamped passport in the evening, or if not ready ...the next day. But dont worry....99.9% everyone gets it the same day.
    If by any chance you get rejected. you can plee to homeland security office at the border . if your visa is not expired , they might let you slip back in to US. If not, you will have to go to Mexico City to fly back to India. I only know , one such case.
    We did not take any permit or visa as it is within 20 mile distance.
    On over way back , we got a new I-94 at homeland security office. It is very important.
    any questions....feel free to PM me.
    Good Luck!!!

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  • NolaIndian32
    08-31 01:54 PM
    At the risk of sounding like a broken record, please read my earlier posts on re-using finger prints through the BSS (Biometrics Storage System) implemented a while back by USCIS. Only a small number of applicants will get a second FP notice. See the below for more information:

    Thanks for re-posting this. I obviously missed all your previous posts on this topic. It gives me some hope for approval next month; I haven't received a 2nd FP request since 9/28/07. (I have an LUD, I have an LUD yay!)


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  • go_guy123
    08-23 06:02 PM
    I lost the hope of GC after working 10 years in US because my GC is not approving.

    Is it possible to file case against my employer and ask to return money that they deduct from me for GC and the % that they earned from me in last 8 years. I joined my employer for smooth GC process but even my I140 is not approved. My labor went to backlog. Once labor approved than I140 is pending for last 30 months. USCIS is trying to find out that my company is legitimate or not.
    Do not argue how I know that I140 is pending because of company. Please let what is process to inform USCIS about my employer. My company files GC so that no one should leave the company. Employer gives hope about GC but I140 never approves. What all evidence I have to collect so that I can prove against my employer. Please suggest.

    One needs to have a realistic dream. One needs to verify with facts. Companies often lie
    of golden opportunities of GC sponsorship etc to get people at low rates. Even lawyers
    promise sun and the moon to sign you up but they hide the reality.

    I know companies even lie that project is 6 months and renewable but once you join
    and shift to the new place and then after 2 months they say the project is over. They
    knew all along that the project is for 2 months but they wanted people, so they lie
    that the project is long.

    I know right in 2007, one friend of mine was negotiating a lower salary in return of GC sponsorship. But by 2007, the retrogression was far too apparent. Clearly he was totally ignorant. Even then he joined. Few months back another friend of mine was filing for
    EB3 - India. I informed him about the reality and thankfully he didnt apply and lose
    another 10K.

    02-09 03:57 PM
    I remember one of my colligue got I-94 extended till visa period at Jacksonville, FLORIDA. I do not know which state you are living in. Anyway...atleast I know that is possible since you have valid visa stamped on your passport.

    08-14 03:49 PM
    Is that so?? Am I really required to wait like this months/years long if it takes that long for my employer to settle his matter with vendor?? Can an employer actually follow these kind of practice? Please provide your experienced advises.
    Also kindly let me know how can I proceed if I want to file a DOL complaint?

    No you don't have to wait. find new employer and file a case on your employer.

    According to H1, no matter he has to pay you.

    Ultimately he can recover money from vendor, but he is deniying pay to you.

    other frineds have suggested so just follow them.

    good luck. I know the pain. sorry for you.

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