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  • meridiani.planum
    04-01 01:30 AM
    At least, get a letter from your employer stating they won't revoke your I-140. If they agree to do so, then file a G-28 appointing a new attorney of your choice; however, if you are happy with your current one and find them affordable, let them know and ensure they will handle your case independent of your employer.


    the G-28 is only going to help for I-485 point of view.

    The problem the OP is facing is that there is a potential for an RFE on the I-140. That is the employers petition and presumably the employers lawyer, and they are not going to change that. Until the I-140 is done and approved, a change of employer in any case where there is a potential for I-140 RFE is extremely risky. Not worth taking a chance in my opinion.

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  • cin45220
    12-07 11:51 AM
    I do not understand why Indian news papers tout salaries offered to IIT/IIM graduates in foreign companies in overseas locations. It�s a net loss for the country�

    First of all, salaries are not exceptional when compared to overseas salaries (for a similar position in a similar company) and secondly, most of these graduates are taking their skills, earned through subsidized education provided by the generous Indian government in IITs/IIMs, to a foreign country.


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  • vin13
    12-02 10:21 AM
    Can we apply Emergency Ap for official visit ?

    Probably not. Emergencies are typically for medical reasons or death in family. Most officail visits do not fall under emergency. Most of the decision is made case by case basis. It is upto you to prove the emergency nature and convince the IO.

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  • MArch172008
    05-22 07:26 PM
    I want to apply labour with another employer based on future employment and when that labour get approved for how many days it is valid, can i apply I 140 for that labour .

    Do i have to take transfer in order to apply for I 140 ?

    Can two I 140 process parallel ?

    Thanks for you all support..

    Keep up the Good job


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  • vinay076
    10-31 10:27 AM
    Its been more than 90 days for me and I don't have even a receipt no.Lawyer says that things have been delayed. Can it be delayed so much that I don't have even receipt no ? :confused:

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  • sabbygirl99
    03-28 11:23 AM
    My LC is languishing in Philly backlog center. Not sure if I beleive that they will have it completed by Sep 2007. In any case, I am blessed enough to be able to switch to a part time status at work. I am enrolling in a part time graduate program. My question is - will going part time at work hurt me with LC or even later with 140, 485, or maybe even green card interview?? Thanks.


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  • bluekayal
    10-22 09:24 PM
    This seems pretty amazing. I wonder how it will play out in action.

    "On October 20, the Senate followed the House of Representatives in voting to protect surviving family members when either the petitioner or the principal beneficiary of a petition dies. President Obama is expected to sign this legislation shortly.
    Presently, the law provides that when the petitioner or the principal beneficiary dies, so does the petition. Typically, if the beneficiaries are present in the U.S., their applications for adjustment of status are denied and they are placed in removal proceedings.

    Not only does the new law eliminate the infamous "widow penalty", it does so much more!
    When either the petitioner or the principal beneficiary dies in a wide variety of instances, the law acts to protect the surviving family members:
    There are few options for surviving relatives:
    For example, there is a section of the law which provides that a surviving spouse of a U.S. citizen can self-petition for permanent residence, but only if the marriage occurred at least two years before the petitioner's death.
    There is also a regulation which provides that where the petitioner of a family-based petition dies before the beneficiaries of the petition became permanent residents, the beneficiaries may request that the USCIS reinstate the petition for "humanitarian" reasons.

    1) Parents, spouses and children of a U.S. citizen with pending or approved petitions;
    2) Beneficiaries, principal or derivative, of pending or approved family-based petitions;
    3) Beneficiaries, principals or derivative, of pending or approved employment-based petitions;
    4) Beneficiaries, principal or derivative, of pending or approved asylee/refugee relative petitions;
    5) Nonimmigrants entitled to "T" (trafficking victims) or "U" (crime victims) status.
    Since the waiting times for family-based and employment-based preference can range up to between five and 22 years, often petitioners and principal beneficiaries die before the beneficiaries of the petition can obtain permanent residence.

    * EXAMPLE #4 - Employment-Based Petition
    Dr. Kumar is a physician born in India. His wife and daughter reside with him in the U.S. He is in H-1B status. His wife and daughter are in H-4 status. Dr. Kumar completed his medical residency in the U.S. on a J-1 visa. Then, for three years, he worked in a medically-underserved area in H-1B status. In 2006, his employer submitted a PERM application on his behalf. It was approved in the Spring of 2007. In July 2007, when all the employment-based numbers became current, Dr. Kumar's employer submitted an EB-2 visa petition on his behalf. Simultaneously, Dr. Kumar, his wife and daughter all applied for adjustment of status. Then his priority date retrogressed. In 2009, Dr. Kumar was killed by a drunk driver. Under present law, the visa petition would be revoked. Under the new law, Dr. Kumar's wife and daughter would be permitted to continue with their applications to adjust status. The visa petition could only be revoked if the USCIS determined that its continued approval would not be "in the public interest".


    The new law will provide immigration benefits to "survivors" in various types of immigration cases where either the petitioner or the principal beneficiary dies before the other family members are able to become permanent residents.
    However, the law is complex, and the extent of its benefits will not be known until after the USCIS and the State Department promulgate regulations, or issue memos, explaining how they plan to implement the new law."

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  • bliss_yyu
    07-20 08:16 AM
    no, i think you are exempt from cap. lucky u!


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  • senthil
    02-07 08:48 AM
    folks - this is what ive been told.

    we can file the spouse details and the mariage proof - for AOS ( I forgot the form number ) if you are married but you cant get your spouse into US for some reason. EG you have invoked AC21 using your EAD. which means you have lost H1B and there is NO H4 in scope. So unless you get your GC you cant bring.

    In my case, I was on H1B when i got married, ( already filed 485 too before marriage, but did not use EAD till date ) so I could bring my spouse on H4. But the problem is there is no way you could add your spouse to my AOS process, unless my priority dates are current.

    hope this helps. do you guys have any suggestions / questions

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  • BharatPremi
    11-09 01:19 PM
    to those who replied, i'm sure iv can use all your skills
    please make sure your profiles are completed, we cannot proceed without basic contact information on you.

    we may eventually ask you for a resume- not that we need all the details but it does help understand background and skills and you will get a much better fit for your volunteer work. this is something we have learnt from past experience...

    everyone willing to help is welcome. please do not forget the profile!!!

    What main theme do you expect for probable resume?


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  • anilsal
    10-30 04:31 PM
    I was reading the USA Today articles and I have a suggestion...guys please try to do spell check before you submit to such forums. It looks bad on us especially when we call ourselves skilled immigrants.

    One glaring error that I saw was this guy with a MBA from Stanford Univ and he wrote it as "Standford Univ"......Is there a univ called "Standford"???? I tried googling it but did not find it...I hope it was not somebody from our group....

    That even applies to discussion on IV. If law makers have a look at the IV forums (after they have been appraised of the existence of IV) and see lots of posts that lack basic grammatical skills and in urgent need of spell checks, then you know, what goes on in their mind(s).

    Simple spelling mistakes are fine, but if a post needs spell checks a lot, either the person who posted does not care or needs a good spellchecker.

    Good that you brought this issue up. Are we not talking of Skilled Immigration? If yes, then let us all do some homework (run a spell checker, to make sure things are going to appear nice for readers).

    Sorry if I appear rude. We are in this fight together and we need to come out successful :)

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  • njboy
    07-26 10:38 AM
    pappu, the only way the labor can be transferred to new company is if the 485 has been filed for more than 180 days.
    in this case, since he is unable to file 485 due to retrogression, the labor is not transferable. what may be transferable is the priority date.


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  • milind70
    08-28 10:13 AM
    is it not required for the beneficiary to sign the approved labor before attaching it to the I140 petition ?

    i dont think so, i never signed anything while filing for 140 ,my attorney took care of everything, i did not sign even the G 28 Form. I filed i 140 in March 2007 got approval in April /may 2007.
    At 485 stage i only signed G 28 form as i was filing thru an attorney.File 485 in July 2007.
    Relax chill, i think you are fine.

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  • Lasantha
    03-24 01:57 PM
    No more delays in I-140? Is PP back?

    Now everything is queued..... no more cutting lines.


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  • sdrblr
    07-06 02:26 PM
    you can enter in AP, but you cannot work on H1B status. You need an EAD. You can work in H1B status if you enter in H1B.

    Are you sure on this?
    I am not 100% sure but I remember reading here or on immig that you can enter on AP and still use H1 to work. Can somebody please clarify.

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  • ajay
    09-17 08:31 AM
    I also was in the same situation when I came back from India and used AP.


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  • good idea
    12-03 09:41 AM
    one of my friend is in same situation, he submitted docs approx 45 days back & he is expecting it may take another 1-2 months as consulate office might send all those documents to USA & cross check with H1 issue visa office.

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  • vishalsab2003
    06-26 12:19 PM
    Thanks for your reply, I also recvd my approval last week. Thanks a lot for reply and wish you all the best.

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  • whiteStallion
    10-17 02:55 PM
    Just an advice, please do not accept 1099 from your consulting company. I had the experience and paid a lot more in tax at the end of the year than I would have paid in W2 as 1099 is considered as business income. You'll be paying more taxes than W2.
    So always stick to W2 when you are getting your salary from your consulting company. If Consulting company is paying you in 1099, then they do not pay Payroll taxes on your salary and thus save money. If they are paying you in w2, which they are supposed to(you being on H1), they have to pay payroll taxes themselves.

    02-21 12:52 AM
    is it safe to apply change of status from H1b to H4 while staying in US and once she gets a job can get stamping out of US as H1B with supporting docs.


    08-16 06:28 PM
    Does anyone have any idea what the code stands for.

    485 RD 7/2
    ND 7/30
    FP date 8/28 for both me any my husband
    FP code 3

    Code 3 means "Fingerprinting, signatures and photos will be taken"

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