Thứ Năm, 30 tháng 6, 2011

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  • ck_b2001
    07-02 02:04 PM

    Making all EB visas current was not the right decision in the first place. That will just shift the backlog from one side to another. The only good thing was interim EAD and AP. When the visa bulletin will come out in mid Sep for FY2008 it will not be too bad provided they have already adjucated 60,000 cases in Jun and would be willing to accept more cases. The dates had already moved quite ahead in Jun 07. In Oct it may turnout to be "C" for some categories and show significant movement for others.
    I hope we can still use our current medicals provided it is no later than on yr. we may have to sign the documents again with new sign date.

    I am devastated myself but thats all we can do at this point. i really dont think lawsuit will do any good. uscis knows what they were doing. Though all this may help in creating a momentum for CIR, Skill Bill once again.

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  • andycool
    06-04 04:07 PM
    All this inventory etc dosent make sense ,

    Pending EB2 cases for china are around 2000 as per USCIS inventory .
    but as per DOS Demand data its only 500 ..

    God Knows whats Happening .


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  • gc_on_demand
    07-15 03:01 PM
    NJ members please reply

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  • jettu77
    09-28 02:51 PM
    Do we need to have the original receipt notices.

    I asked my attorney and he said that the copies would be fine.
    He sent me scanned receipt notices via e-mail and says that it will
    be fine and not ready to send the originals for some reason.

    Can you guys think of any reason attorney not willing to give the original receipt notices?



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  • satyasaich
    02-09 03:00 PM
    If L1 quits the job (for what ever reason) and any change in status such as L1 to Fi etc; will automatically invalidates the L2. Meaning L2 status NO LONGER valid

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  • immigrationmatters30
    03-15 03:54 PM
    Very few members are intrested in discussing H1B as most IV members are on EAD.


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  • raj2007
    02-10 02:20 PM
    Hi ,
    Does it impact I140 processing if i am outside US and worked with same employer in India ?
    I have left for india assignment after concurrent filing (I 485 + I 140)
    for 4 weeks and joined back in US for different assignment last year after July filings.
    But i have maintained my old residence status and applied for change of address when i came on different assignment and loaction in US.

    Has any one experienced similar situation ?
    Does on US payroll becoming inactive for some duration ( in my case 4 weeks) make the I40 processing questionable ?
    Can anyone advise ?

    Thanks in advance,


    No it's not a issue.. you are perfectly safe.

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  • Pineapple
    07-27 03:53 PM
    Is it my eyes? Or am I really seeing five threads on the exact same thing?


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  • hnordberg
    June 25th, 2005, 12:19 PM
    Yeah, the first one has a bit of haze that pulls down the saturation. The foreground is interesting and pretty. I would try bumping saturation and contrast in PS. And maybe increase the overall exposure.
    Also, is there a reason that you cut off the left of the bridge? I probably would have tried a horizontal shot too.

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  • vicente
    10-11 09:12 PM
    Hi everyone,

    I'm thinking of going into graduate school next year under F-1 status, which presumably should last until the end of my program in 5-8 years. As many of us are painfully aware, students aren't allowed to work except on-campus or as part of approved OPT and CPT programs.

    My question is: is it possible for me to take out a TN (NAFTA) visa during the summer of one of my years so that I can work? F-1 and TN are both non-dual intent, so is it possible?



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  • PingMe
    06-07 09:52 AM
    You should be fine to switch to H4 if you have too !

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  • Devils_Advocate
    09-13 11:55 AM
    You can file uptill Sep30 2010, or when the quoto gets over, whatever happens first.
    And as far as your start date is concerned, if your H1B is from the 2009-2010 quota and you've applied for it after oct 2009, it can start anytime after Oct2009 till Sep2010 ( the date your H1B gets approved), please get this confirmed though.


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  • Bonzer
    07-19 10:13 PM
    I'm sorry to hear about your mom's situation.

    Obtaining the green card doesn't mean your mom has to come here immediately. She can attend the interview and choose to come at a later point. I'm not too familiar with the appointment process/wait times etc but it seems like a lot of hassle to have to reapply.

    Is postponement of the interview a choice?

    I dont know how long ago you obtained your green card or citizenship but these days it's a loooooooooooooooooooooong wait for the elusive GC. So grab your chance when it comes.

    That was my two cents.

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  • sudha123
    07-19 12:28 AM
    Hi All,

    sorry to post in this thread. I am new to this forum and i could not find anywhere where to start a new post. Plz let me know.

    Thanks in advance.


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  • sendmailtojk
    04-09 03:35 PM

    I am filing a ***new*** I-765 application this week. On the USCIS website, I saw following notice. Is it true?
    Filing Fee :


    Special Instructions :

    If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 concurrently with your I-485, or you may submit the I-765 at a later date. If you file Form I-765 separately, you must also submit a copy of your Form I-797C, Notice of Action, receipt as evidence of the filing of an I-485.


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  • bzuccaro
    11-08 04:40 PM
    H-1B Visa Employer that Does Not Effect a �bona fide termination� under the H-1B provisions Liable for back wages to H-1B Employee.

    To employ H-1B visa nonimmigrants, an employer must fill out a Labor Condition Application (LCA). The LCA stipulates the wage levels that an employer guarantees for the H-1B visa worker�s pay. In signing and filing an LCA, an employer attests that for the entire �period of authorized employment,� the required wage rate will be paid to the H-1B nonimmigrant.

    An employer need not compensate a nonimmigrant, however, if it has effected a �bona fide termination� of the employment relationship. To ultimately effectuate a �bona fide termination� under the INA, an employer must notify USCIS that it has terminated the employment relationship with the H-1B nonimmigrant employee so that USCIS may revoke approval of the H-1B petition. The employer must also provide the employee with payment for transportation home. Failure to do so may subject the employer to liability for back wages to the H-1B employee.

    In Amtel Group of Florida v. Yongmahapakorn, Amtel provided notice to the H-1B visa employee that it had terminated the employment relationship. Amtel Group of Florida v. Yongmahapakorn, 04-087 (ARB 9/29/06). However, the court held that notice alone was not sufficient to end the employer�s obligation to pay the required wages to an H-1B employee. The employer does not effect a �bona fide termination� and, therefore, end its obligation to pay the required wages to the H-1B employee unless the employer has also notified USCIS. The court therefore ordered Amtel to pay the employee the prevailing wage for an internal auditor until the expiration of her authorized period of stay for H-1B employment, plus prejudgment compound interest on the back pay owed and post judgment interest until the employer made full payment.


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  • thomachan72
    03-20 08:53 AM
    These guys did not mention specifically "legal immigrants" but to me that sounds even easier since most of them possibly have decent wages and also maintain a legally sound lifestyle.

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  • syzygy
    08-02 08:50 PM
    People who get labor approved in August, can they avail current window provided by USCIS and concurrently file 140/485?

    Thanks for replies

    Same thing happened with me - My labor was approved from Phily BEC on Mar 16th 07 and my company kept saying that didn't receive anything till Apr 16th 07...

    Then i was impatient and called Phily BEC and they were very nice to explain me that it can take upto 1.5 months to 2 months for my company to receive via Lawyer. In fact it may take 1 month for Phily BEC to mail - he explained.

    Eventually my company received the Labor papers on May 7th 07....

    Hope this story helps.


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  • f1togc
    12-18 04:59 PM

    first of all i am sorry to hear that your company is not doing good..oh well we are in a recession so who isnt?
    anyways, your 485 was filed last month, kind of sucks, bcos you can invoke AC21 if your 140 is approved (in your case it is), 485 >180 days, find a similar job with more or exact pay mentioned in your LCA..Use your EAD and lose your H1 status ( could be risky if your AOS is denied, then you do not have a status).
    In other case, you need to find a company which can sponsor (transfer your H1) and then start your perm all over again.

    Other senior posters, pls shed some light on this topic. Is AC21 safe ? what is the probabilty of getting GC through AC21 without an RFE?


    07-29 02:22 PM
    I came to US on H4. My H1B got approved when i was in India. But I came through H4 only.
    Now i want to change H4 to H1B. If i want to apply for change of i need to go back to india(ot other countries) for stamping? Or can i get H1B staying here?
    Please help..

    Currently you are on H4. If you apply for H4 to H1 transfer, you can get H1 and start working from October this year. If you cannot find project immediately, you wait up to 3 months or 6 month (maximum), otherwise change status back to H4 or you will be in trouble. Since economy is not good, it is tough to get projects nowadays, already current H1 holders are looking for projects and some have gone back. if you have already worked in India, then you may get project easily, If you did not work, then it is tough to get a project. When you are on H4, you can have peaceful life while your psouse is working, you can have get togethers whenever you want, you can cook special dishes for your spouse and wait at the door in the evenings.Real problem arises when you become pregnant (assuming you are woman), you need to take a long break if you are working,, especially if you are away from your point is have fun with spouse, have get togethers with other couples, go shopping at BedBathandBeyond/walmart/target/jcpenny in discount seasons, have honeymoon trips again n again...Go to India whenever you want.These things are so memorable than struggling to get projects and maintaining status. When you cant maintain status you cannot go to India whenever you want....
    Just want to let you know the real picture...when H4 wants a H1.

    12-01 03:48 AM
    Hello All:

    In good faith to your request for help, please do include more details of your case :- EB2 or EB3, country, PD, date I-140 filed, etc. So us IV readers will be in a better position to assess situation and help.

    I got an RFE to send copies of my degrees on nov 15th. my attorney sent the copies and my status changed to Response to request for evidence received and processing is resumed. How many days will it take for I-140 approval after the response to RFE to received by USCIS ?

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