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  • Rajeev
    10-29 05:16 PM
    To all the folks that attended the conference at YMCA Center in Woodbridge, NJ on Oct 28th,

    Thanks for participating . Please provide your feedback on the meeting i.e What you liked and what you didn't like. This will help us for the future meetings.

    Also please become more active and urge you friends and colleagues to become more active in NJ state chapter.

    Any suggestion on promoting our cause will be greatly appreciated:
    Some of the areas to think about are:
    a) How often we should hold such conferences?
    b) What other topics we should include. ( For example Financial planning for the community, given the uncertainity in the process)?
    c) In what way we together can help increase our number?
    d) etc...etc...

    The meeting was very well organized. Q&A session with Attorney Prashanti Reddy was very useful. Here are my suggestions:
    a) We can have these conferences every two months or whenever core thinks so.
    b) I think we should stick to immigration.
    c) Earlier 'Invite a friend/Add a member' campaigns were very successful as compared to flyer/poster campaign.





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  • st4rguitar
    04-06 01:46 PM
    I filed my LC on June 06. The Certification was denied on Feb 07, I filed an appeal right away, and I have not heard anything. I called the DOL so many time and they gave me the same response: "Your case is in process, we work on first in, first out, and we do not expedited cases, we don't have a frame time" That is not a concrete answer.
    There is any body that faced a similar situation, Please advised�. what to do!!!!
    Thank u.

    First of all if you are the employee for whom the case has been filed, you should NOT be contacting the Dept. of Labor. The purpose of the DOL as stated in the regs is to notify the USCIS that there are no able, willing, or qualified US workers for the position, and that's why they are granting you the position. If you call, especially over and over as you have indicated, that's a big red flag. Leave it alone and let your attorney or employer contact them.

    As bluntly as Endless put it, he is correct in what he's saying. You should not be contacting them.





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  • Bhadwaj
    07-15 07:48 PM
    Thank you GC28262,

    I also presume that there is no need to file I-539 either. However, what would be the right approach here..

    File for H4, while she continues to work on EAD. The benefit with this approach is that she would have a new I-94
    OR
    File for AP - but then she won't have a new I-94 till such time that she reenters US.

    Please advice.





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  • snathan
    05-17 04:48 PM
    Hi,

    I mom is from Nepal and Dad from India. Marriages between India and nepal is very common in my place, as we are border state. even my brother is married to nepali citizen and we have all my maternal family in Nepal.

    I was born in Nepal, but my parents never thought that getting nepali passport would matter, as we were in India. On passport and other documents my I put India as my birth place and no one ever asked for proof of birth place in India back then.
    Now for GC, i would need proof of birth( which i have, but from nepal) and that doesnt match my passport.

    Would it be advisable to correct my place of birth in Indian passport and all the records now? Can I have "nepal" as my place of birth in indian passport? Will be be still considered Indian citizen?

    How does all this affect my GC process? Any unseen dangers/after affects/side effects. please give your suggestions.

    You can have place of birth as Nepal and you would come under Nepal for GC Chargeability. So you dont have to wait the long Indian line.



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  • indianabacklog
    06-10 01:45 PM
    Thanks for encouragement,
    It's always scary the first time. : )

    Re. Check caching - just FYI, now-a-days, they copy the check, convert it to EFT and destroy the original so getting case number from copy may not work.

    Also do I write A# on back of photos or something else? Any idea if there are restrictions for using pen or pencil or such?

    thanks again,
    NS

    I did not get the case number from the hard copy but the electronic copy which I can access from my online account information.

    I did write my husbands A# on the back of the photo in pencil if I remember rightly but just so that it did not push through the imprint on the photo itself.

    Believe in yourself. I filed both mine and my spouse's adjustment of status packet myself and we have our green cards without any requests for evidence. If you have read the instructions and followed them, filled all the blank spaces in on the form and supplied all the other documents etc that are needed you are doing fine. If the USCIS needs anything else they will ask for it.





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  • vkannan
    10-14 11:14 PM
    Hi
    I'm on h1 and also have an EAD
    My current job is on my h1. And I have an EAD, but never used it.
    Question: Can I work pat time on my EAD and still retain my h1.

    Any pros and cons?

    Thanks
    Tejal

    Dude, this is grey area, One thought is, Once EAD is used for 2nd job fulltime /parttime you lose your H1 status and there is other thought if you stay with your GC sponsoring employer and retain the full-time job you should be fine retaining your H1 status and ofcourse you can use EAD for your P/T job.

    And hey this is not it there is one more thought going around, If your last entry is through H1b you still are in H1 status even after using EAD for your 2nd Job.

    Fact of the matter, nobody is sure about which thought is correct.



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  • indyanguy
    08-24 01:45 PM
    Unconfirmed reports say that PP for EB3 will be introduced before PP for EB2. True?





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  • desi3933
    04-06 03:11 PM
    You can see many denials for 3 year degree people in various forums including IV.

    I have one copy of the denial of my friend in hand. (AAO appeal in progress) It is 3+1+2=6, still they denied for EB2.

    .....

    You have not still answered my question for official source or link for your claim. I don't care how third party evaluator evaluates. I have seen so many varying evaluations done.

    By theoritical no problem, if you have credits equal to US bachelors and masters degrees.....

    Also, your calculation 3+1+2=6 is incorrect. Since this is BSc+BEd+MSc. For MSc, BEd is not needed and therefore you can't add time spent for BEd. Just like two BSc degrees do not make it equivalent to MSc.

    If this one year program is not BEd, but "post graduate" diploma, still it is not going to work, since that "diploma" is not required for MSc.



    _________________
    Not a legal advice.



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  • Canadian_Dream
    07-25 02:02 PM
    IMO: That's the best option to pursue in this situation. Make sure you clearly mention in both I-140/I-485 applications that you have a pending I-140/I-485 (with Receipt Numbers etc). Also send a small write-up along with all the applications explaining the situation and reason for the second filing.

    I would file a separate I-485 and I-140 for this other LC. Experts, what say?





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  • rkat
    02-07 03:47 PM
    Thanks again for all answers - Another Q that i had is - i am applying for a extension of my H1 Visa. My current validity is till June 2008. My 6 years will be completed in August 2009. I have a approved I-140!

    My Q is - can i apply for a 3 year extension right now based on my 140 approval.? That is - can i extend H1 from July 2008 till June 2011..?? OR do i have to wait to complete all 6 years till i can use the benefit of the 140 approval for H1 extension?

    Thank you!



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  • JunRN
    12-18 04:37 PM
    I was reading the AC21 memo just few minutes ago. Yes, an Approved I-140 can be reversed and denied on this case:

    An approved I-140 was withdrawn after 180 days and the beneficiary did not send an AC21 letter to USCIS. USCIS will send NOID and if not responded to timely, I-140 will be reversed and denied. If NOID was responded to timely with new qualifying offer of employment, then USCIS will review if similar or same occupation, if not then case will be reversed and denied.

    Therefore, yes, an approved I-140 can be reversed and denied.

    Another thing is that if USCIS discovered fraud on one case against the employer and reviews all approved I-140 petition of that employer, USCIS may reverse the decision and issue denial.





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  • omved
    10-02 02:25 AM
    Not bad, got visa approved same day. This was my 7th year H1 extension, while I485 is pending, applied last year July..

    Got appointment a month before. Consulate automatically checks for PIMS verification within next 2-3 days..I got banamex receipt made by Mexican assistance services, in fact there are many people / company willing to get this receipt made for nominal charges..

    Drove to Nogales, AZ. Parked car in one of the parking lot. Cross border by foot through revolving door. No one is there to check any immigration paper for Mexico. People from India do need visa to visit Mexico but rule seems to be bit vague. To visit US consulate in Nogales, one can get local tourist permit (which can be obtained at POA in Mexico immigration. I got Mexico visa for 6 month multiple entry through local Mexican consulate in US. In retrospect, probably I wasted time and money for nothing..No one bothers to check any documents in Mexico, in fact I have look hard to find someone in immigration to stamp my entry in Mexico..

    Anyway, got Cab for $7 to US consulate. Reached there at 7.30am. Appointment time was at 8am. But this doesn't matter as consulate will let all Mexican labor visa applicant to go in first (approx 150 of them). I stood in line for about 2 hours, finally got in at 9.30. Process was smooth from there on..got biometrics / photo done and then interview for 2 minutes..IO didn't ask much, just few simple questions..Didn�t even check any extra document. I was advised to come at 3 pm to collect visa which I did. (Spent 4 hours -11am to 3pm in nearby Nogales mall)

    Got return cab to border. Took about 30 minutes get new I 94 made. Entered Nogales, AZ comfortably. Car was still parked safely...Returned home happily...Will continue to wait from GC, stuck in PD of April 2006 in EB2

    All the best to you all...



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  • zimmyneuro
    06-23 07:13 AM
    Thank you for all support.
    best, zimmyneuro





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  • gc28262
    04-07 06:23 PM
    I'm in my 9th year of H1B which is going to expire in about six months. My employer is suggesting to extend H1B and not use or extend EAD. Based on your experience and knowledge please post your advise. If a post like this already exists, please point me to that. I could not find one easily. Thanks a lot.

    Irrespective of whether EAD is used, one should always extend EAD as a backup. ( Especially in this economy)



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  • msyedy
    02-05 01:38 PM
    I have a old EB3 PD Sept 2003 with Company A , and a new EB2 and I140 approved from Company B.
    Can I ask my old company to file for I140 so that I may use the Old PD.

    How can I bear the expenses of the USCIS and attorney's fees, given I am not working at company A.

    Any clues would help.

    I guess the old labor will be invalid by now as it has been already been over 45 after approval.
    Ask a lawyer, because due to this labor substitution rule now you might have a problem. (" A GOOD LAWYER IS A SOLUTION HERE")

    What do you mean by how can you bear the expenses. What a ?
    Do what your company A is asking. I don't think that company A would file it for free.

    Give it out of your pocket, that is how you bear it, work at a gas station, 7 eleven if you have to make more money to give him





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  • hydboy77
    11-17 06:51 PM
    As a student who came here myself and understand the huge investment they have to make to come here to study in US, I fell sorry for these students and there parents. With the draconian restrictions imposed by uscis and certain senators many of these kids will not have an oportunity to work in US. I am not sure how they will be able to repay the huge loans they are taking to pay the fees to US universities



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  • rheoretro
    11-07 02:18 PM
    cool

    rheoretro,

    Many of the threads posted here are not directly related to "Employment-Based Green Card Retrogression". Most of them are related to problems we immigrants face day after day.

    I started this thread with a good intent. Many people who are searching for jobs are lured by "flashing advertisements" in sulekha. They find out the reality only once they start working for them and "Green Card" is sponsored.

    So if each one of us can post about good consulting companies we know about, it will help the current job hunters. (By the way, as far as I know, the majority of us in this forum work as consultants rather than as full-time employees)





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  • go_guy123
    06-09 11:14 PM
    Dear Viewers

    Could anyone please advice me on how to claim the unpaid salary from the previous employers.

    I was working for a company based in Michigan run by an Indian. This person did not pay me my last month salary. He does not pick up his phone or respond to my email. I have all the proof that my client has paid him the money for which I worked but he continue to ignore my request. This guy owes me around 5000 dollars.

    Any piece of advice would be of great help.

    WH-4 form is for complaining to dol





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  • xinkish
    01-11 01:00 PM
    If you are on L1A, you can apply for green card under EB1 and get it with in 3 or 4 months
    There is no need for you to go thru the labor process. You can apply for 140 & 485 directly
    contact a well qualified lawyer





    sam_hoosier
    11-27 10:03 AM
    My lawyer has told me that the 180 days is from the receipt date i.e. August 3rd in your case.





    anci
    11-14 01:33 PM
    Dear All ,
    I recently got my I-140 approved, got our(me and spouse) EAD and AP too.Now what I am wondering is that
    1.Am I still on H1 status or the status now becomes EAD ?
    2. If my H1 still holds good then should I go back to India to get my fresh H1 stamping as it will expire november next year or should I go for one year H1 extensions(as I heard from friends ) till I get the GC ?
    3. Is there any stipulated time limit within which my wife has to apply for her SSN( we have not yet applied for it. )
    4. My passport is going to expire on December next year. Do I need to go to India for renewal or it can be done from here itself. If it can be done from here itself then when is the earliest to start that process ?( I will be happy if u could send some links that will guide me ).

    Thank you very much in advance.

    Anci.



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