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anu_t

08-27 02:08 PM

The new job role must have a 50% different job duties and if it does have a requirement of EB2 then it is possible.
With the same job role it is not Possible .

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rsdang

09-18 11:16 AM

My AP was approved last week (Monday) still to get in mail.

Seems like AP takes a longer route to the mail box in USCIS... Mine is at NSC and my experience is that everything out of there is slower...

Anyways I am greatful that they approved it and its in mail ( fingers crossed )

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glus

12-29 09:54 AM

I believe change of status pending works the same way as extension applications when pending - one can continue to stay in the country post I-94 expiration as long as the change of status application has been filed prior to I-94 expiration - so the time spent after I-94 expiration does not count as out of status. Now if the change of status application is denied and the decision comes after I-94 has expired - I believe you have 30 days to leave the country - USCIS would send a notice stating the same as well and in that case one should leave the country as early as possible - within 30 days of such intimation.

I would still advise you to get an opinion from an immigration attorney to be sure that this is the way it works.

Yes, this is correct.

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satishku_2000

07-30 05:08 PM

Thanks for posting this. I was thinking of creating a thread for this purpose. Self filers please make sure that you file the "correct" versions of 131 and 765

Here is a link for your reference.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=db029c7755cb9010VgnVCM10000045f3d6a1RCR D

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sapota

09-27 12:09 PM

I have a question for people who get fingerprinting notices to be done at San Antonio, Texas.

Do you people know of any childcare facilities that exist around that place to drop off toddlers during the finger printing process (I am not sure if they allow kids during fingerprinting).

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meridiani.planum

06-20 12:24 PM

Can someone who used Advance Parole to travel back to USA extend his H1.
Candidate has H1 valid while coming back and also worked on H1 after coming back.

yes, Even if you used your AP to travel back to US, you can come back and file an H1 extension.

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funnymdguy

11-16 11:34 AM

Wait for 30 days from the EAD mailing date and open a SR with USCIS and take infopass appointment. Discuss the issue with CSR & IO. They will tell you exactly what you need to do.

Thanks, I actually called NSC and talked to the customer service (CSR) and she told me that it is USCIS policy to not give any duplicate/copy of this approval/card for something which has been sent but not returned ? How can i speak to the IO officer...can i ask her to transfer me to an IO officer? whom should i ask to open the service request (SR) with?

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harryom

03-24 03:47 PM

I just got me H1B approval Notice and copy of I-129 petition. There is nothing wrong with approval but I notice few things and have few concerns/questions to the group if some one had similar experience in the past:
1. Passport number was not correctly typed in form I-129 (however copies passport were sent along with the forms by immigration dept)
2. My Alien number does not show up in 797A approval notice as I have pending 485.
3. The I-94# on passport card does not match with the one on new approval notice.

Now My questions is :

Do I need to get this passport#(1) typo fixed now or its ok?

Is it ok not have A# updated in H1B Approval Notice? My wife's H4 have her A#.
Do I need to get my I-94# matched with the one I had in my previous notice and A/D card stapled in passport?

All this happened due to mistakes commited by our Immigration/attorney.Now she is not ready to listen and asks me to call customer service as she thinks its not her problem.

Any suggestions/experience are apreciated.

Thanks

PD Sept 2004
I-485 pending
I-140 pending
EAD pending
AP approved

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nonimmi

10-19 03:46 PM

If you applied for labor through PERM and have a copy of you PERM application, the DOL o*net code is listed in section F. Box 2. of the ETA 9089 form. This code can then be looked up at the o*net web site: http://online.onetcenter.org/find/

Do you know how to find this DOL o*net code for non-PERM cases?

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retropain

08-24 07:32 PM

desi companies that operate like this are in deep s**t

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wellwishergc

07-06 12:17 PM

pappu, is there a separate effort on part of IV towards a legal-immigration based bill, where issues such as visa number capture will be taken up? It has been officially reported within the Ombudsman report that 182,694 have gone unused since 2000.
Nope not possible as of now. Lawsuit is specific to visa bulletin issue.

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insbaby

07-23 05:26 PM

*** USCIS interprets AC21 �104(c) as only applicable when an alien, who is the beneficiary of an approved I-140 petition, is eligible to be granted lawful permanent resident status but for application of the per country limitations. Any petitioner seeking an H-1B extension on behalf of a beneficiary pursuant to AC21 �104(c) must thus establish that at the time of filing for such extension, the alien is not eligible to be granted lawful permanent resident status on account of the per country immigrant visa limitations. ***

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desi3933

05-11 05:53 AM

Thanks desi - AOS is what I was thinking as well but that doesn't seem to be one of the options listed when opening an account (the firm is Ameritrade - you check out their website https://wwwna.tdameritrade.com/cgi-bin/apps/IraApServlet). Guess they are just not aware of this status since it wasn't really designed to be a "status" and only recently have several people moved to AOS status given the backup for EB3 and EB2 China/ India

AOS is not a visa status. So, for https://wwwna.tdameritrade.com/cgi-bin/apps/IraApServlet one should select None for the visa status as the person is not maintaining any non-immigrant visa status.

AOS is period of authorized stay while I-485 application is pending.


_________________
Not a legal advice.

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sunny

04-28 01:28 PM

Add my second contribution of $200 to this great effort.
Come on guys before it gets too late.
Good job IV core team and all the volunteers.

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venky08

06-23 11:40 PM

My attornies (big firm...working for Fortune 500 company) says that dates could retrogress anytime i.e. on 15 July 07, dates could move back several months and the chances of that happening are very high. My advise is to have your spouse cut the vacation short and return asap...! You need to file ASAP.

are you sure that the dates can retrogress by july 15???

Do you have a precedence of such thing happening???

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lazycis

12-29 09:36 AM

It's OK to stay while change of status (COS) is pending if COS was filed before I-94 expiration (your case). Even though your wife will be technically out of status after 1/3/09, she is not going to accumulate unlawful presence because her stay is authorized by US Attorney General. Out of status is not a big deal. A person who came on H1 and filed for AOS does not have any status if H1 expires, but that person is lawfully present in US.
So wait for a decision on COS and if it is denied, your wife has 180 days to get a lawful status or to pack and leave without any adverse consequences.

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TomPlate

07-05 12:44 PM

Here are the numbers to call CNN.
<B>
CNN
(843) 763-6631 | 60 Markfield Dr # 4 Charleston, SCzip code

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Business Categories: Television Station Representatives,more...
Map| Driving Directions| What's Nearby?| Send to Mobile Phone
CNN
(202) 408-1097 | 950 Pennsylvania Ave NW Washington, DCzip code

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Business Categories: Nonclassifiable Establishments
Map| Driving Directions| What's Nearby?| Send to Mobile Phone
CNN
(212) 945-0691 | 225 Liberty St New York, NYzip code

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andreafejes26

03-31 11:17 PM

Thanks a lot for your comments. They are really helpful.

In case I do what you mention, what normally comes with a rejection? would the USCIS go further (beyond the simple denial), and rule that I was out status penalizing/prohibiting me to enter the country?

Should it be better if I just leave the country and wait for the approval outside the US? I guess Im prepared for a denial, what concerns me the most is jeopardizing B1-B2 Visa or as you said to be prohibited to enter the country.

Do you know the "standard" wording for USCIS decision in cases like mine?

Thanks a lot again, I really appreciate your comments.

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amsgc

01-23 12:08 AM

The objective of the employment based preference system is to give certain professionals, who are ostensibly more useful to the country, a better shot at the Green card than others. So in the long run, EB2 is a better bet than EB3.
However, given the current situation, it really doesn't matter - if you are born in India, you are in for a long wait in either category.
Your best bet is to first educate yourself about the process, discuss with peers, friends and employers, about the endless wait, and then work with them to bringing about a change in govt. policy and possibly some change in the law.


Im hearing that most of Indian filers filed for EB2 which has lead to EB2 demand outstripping EB3.

So of the two tortoises EB3 might move faster than EB2.

Any comments ?

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zCool

04-02 01:18 PM

So is it important to be currently making more than what is mentioned in the GC labor application ? As I have been informed, the prevailing wage as mentioned in the GC is for future employment and it is OK for the employee to be making less than that and it only means that the employer should have the ability to pay you that wage after you get your GC ? Is this true ?


That is true,
Ability to pay issue can be replied with company financials and assets etc.
Paystubs and W2s are pretty basic queries, they ask them in lot of places..
even h1 transfer can not happen without recent paystubs..
I am confused.. they don't have money? in that case how will they even answer RFE?

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pitha

07-11 12:42 PM

all non indian members who sort of complained about Indian coverage in flower campaig should stand up and talk with ndtv, here is your chance to say it is a diverse nations effort and not just indian effort. Either take this chance or please dont complain that this feels like an indian site.

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