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  • vxb2004
    04-28 06:52 AM
    Any inputs please....





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  • tnite
    10-31 10:05 AM
    Query on Advance Parol. Send Clear Copies of Passports and I 94 Cards.
    Question? Does I need to send all I 94 Cards of each H1B and all copies of passports with all pages.

    I appreciate your suggestions..

    yes





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  • anuh1
    03-24 02:21 PM
    I am also in the same boat. i have applied for PWD on second week of Feb but still waiting. it looks like it is taking around 6 to 7 months just for applying labor and after that approval will be one more year assuming no RFE.





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  • sroyc
    08-14 08:23 PM
    As someone correctly replied, you cannot work on H-4.
    In fact you cannot do paid internships or on-campus jobs as well. It's hard to get even unpaid internships on H-4. You don't need permission from USCIS to study on H-4.

    If you change to F1, you can do both summer internships (Curriculum Practical Training) and get an EAD for a year after graduation (Optional Practical Training).

    The problem with switching to F1 is that it is not a dual-intent visa and if you're applying for AOS, it complicates things. For example, you cannot re-enter on F1 after applying for AOS, you need to use AP, which voids your F1 status.

    Another issue is that in states like California, you are eligible for in-state tuition at state universities after a year in CA. This does not apply to F1 students.

    Can H-4 holder (Dependent) can pursue higher studies in the US. Do we need any special permission from the USCIS ?

    Any information will be highly appreciated. TIA



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  • sparky_jones
    08-12 10:58 PM
    I also got LUD of 8/12/07 today for my I-140 which was approved in June 2007. My 485 package was sent to NSC on July 20, 2007. No receipts or checks cashed. It could be a general data refresh on some cases that caused the system to record a new LUD. I doubt if it means anything.





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  • BECsufferer
    02-11 06:44 AM
    actually our situation is similar to a bunch of people sitting under a mango tree ..the green mangoes on the tree represent the green card.
    those waiting for the mango are standing on a uncertain muddy ground and few will sink in the sand (due to job losses).
    we have some robbers (labor substitutions) who climb the tree, steal the mangoes and run away.
    the natives (only the anti-immigrants) want to cut down the tree so that no immigrant gets a mango
    a majority or us who are waiting patiently are the law abiding ...but we wait for the mango to fall on our head rather than doing something to make the mango fall ..while waiting we fight and discuss silly issues (whether we should buy a house - how to get our maid on visa :)).
    some of us while our status was on quick sand - went ahead and built a house thinking that GC would follow
    now if only all of us were to come up with an effective plan and shake the tree or throw tons of stones on the tree ..then maybe everyone would get a mango sooner.
    ------------
    I have one such idea (this does not cost much money) ..let us all go and meet realtors / home brokers etc ..show genuine interest in buying a house but after few days tell the realtor that since GC has been delayed ..u are cancelling your interest in home buying.
    those who are homeowners already (with more at stake) ..should contact lawmakers that because of gc delays ...your house is at risk.
    WARNING ...before attacking this idea ..come up with a better one

    Good one. Just be cautious when we start throwing tones of stones, all those that will miss target will be coming towards us standing on the otherside.:)



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  • leo2606
    11-13 09:41 PM
    Why does he need to wait?He is talking about previous employer.

    Wait for 6 months since Receipt Date... And then complain to DOL... You don't want to lose your I-140...

    Otherwise.. what are you waiting for :-)





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  • AllVNeedGcPc
    10-20 12:10 PM
    ...just three soft LUDs in 18 months

    - NSC Filer



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  • nilcritz
    12-15 09:43 AM
    Add one from Austin.





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  • aka
    05-17 07:09 PM
    Guys, I received THE magic email also this week. Card Production ordered on May 14th. HUGE Relief!!!

    I just wanted to pass on a few tips. These steps may or not have expedited my processing but the timing sure was suspiciously fortuitous:

    a) On May 7th, since the NSC I-485 processing date was more than 30 days past my RD, my lawyer sent an official email to NSC asking them for an update on my application. According to my lawyer, CIS is obligated to reply within 45 days and in most cases instead of them saying that this specific application falls outside their processing dates, they just approve the application. Of course, your case has to be approvable (PD has to be current etc)

    b) On May 9th, I set up an Infopass appointment where the IO told me that my case was in transit from a different service center back to NSC! She also told me both our NCs were complete.

    c) My lawyer was also getting ready to file another round of EAD/AP applications which, according to her, draws CIS's attention to the fact that this application is ready for processing and falling outside the average time range.

    Maybe the combination of inquiry email and Infopass helped moved the case or maybe it did not. Probably does not hurt to try at least once and, of course, you don't want to overdo it and burden the system.

    Just my $0.02. Hope it helps. Best of luck with your applications. I learned a ton from these forums and (if nothing else) out of sheer habit, will be coming back all the time. Will try my best to help out IV where I can. Cheers!



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  • pasupuleti
    01-10 07:06 PM
    NumbersUSA just says that S.9 is similar to S.2611, which died last year. I don't think NumbersUSA has the text for S.9. From NumbersUSA

    "NumbersUSA believes that this is a �shell� bill, which, at some point, will be amended to include language very similar to that which the Senate passed in 2006 [S. 2611]."





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  • sanjeev.mehra@gmail.com
    08-06 09:40 AM
    Thanks for your response.
    God bless U all.



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  • RajForGC
    02-10 02:46 PM
    I think if you are applying for differnt catagory then Position need to be different (Eb3- Eb2) and you can carry your old PR date. If you trying to apply PERM with same catagory then you can carry old PR date but can be in Same position, not sure you have withdraw first LC or not, consult few attroney before take any action.
    Thanks





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  • ksrk
    08-14 08:16 PM
    I was also in limbo whether to apply AP now or no. My current AP is valid till Mid Jan 2009 And I am travelling india in Oct and will be back on 1st week on Nov. I decided not to apply AP now and will be applying renewal in mid Nov. Applied only EAD renewal.
    But my H1 extension approval is still pending. Not sure it will get approved by 1st week of Oct. If I happen to use the current AP do they give i-94 only till Jan 09 ( i.e my AP validity) or for 1 year ?

    Hey Som_yad,
    The law requires that you be in the US only when the AP applicaiton is filed. You can leave the next day, if you like. Also, when you return, make sure you have a document to enter the US (say AP or H1B stamp+I-797) and a document you can show the CBPO that authorizes you to work (say EAD or I-797).

    If you use your AP to enter the US, the expiration date on the I-94 will be a year from the day you enter, even if the AP itself expires sooner. All you need to make sure is that you use the AP to enter the US before it expires.

    -K

    DISCLAIMER: Not legal advice - based on personal anecdotes, opinion and preferences.



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  • gk_2000
    05-20 05:31 PM
    I have Master's degree from US and have been with the company for 6yrs. This is the response from my Attorney on porting to EB2 category. My I485 was filed during July 2007. What can i do to be able to file a new PERM LC for porting to EB2 category without affecting my I485 application? Please advise.

    Thank you for your email inquiring about filing a new PERM labor certification (PERM LC) application to qualify for the EB-2 preference category. A final determination has been made on whether a new PERM LC can be filed.

    Regulations that govern the PERM Labor Certification process do not permit an employer to file a new PERM LC application for the sole purpose of shortening the wait time in immigrant visa preference categories. Company will not file a new PERM LC unless it is clearly required by regulation.

    We completed our research and legal analysis. The purpose of the research was to determine whether you can still benefit from your current case, or whether substantial job changes require, by law, a new PERM LC application to be filed on your behalf.

    Our final assessment is that while some job changes have occurred, the changes are not substantial in the context of labor certification regulations. Please note that while the group, products and/or daily tasks in your employment may be different, these changes are not substantial from an immigration perspective and do not require a new PERM LC. In addition, portability provisions of the law allow considerable flexibility for job changes when an I-485 Adjustment of Status application has been filed.

    This is not an internal policy matter, rather company's compliance with U.S. Department of Labor regulations that govern the PERM LC process.

    Translation: We are an a$$#ole company that is not interested in retaining their talent. You are better off trying somewhere else and getting your GC, and coming back and joining us, then sc*** us by becoming our boss





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  • chanduv23
    11-09 08:12 AM
    hopefulgc - I can understand where you are coming from. Billions of people are excited by the fact that President Barack Obama has made history and for some reason - people are under the impression that "He is the guy next door" who can make wonders.
    Remember - a politician is always a politician. Politicians who come to power through mass have a certain charisma and aura around them which blinds us of the fact that they are also just another politician.
    Now - We all know and are definitely excited about Obama and we definitely want to see a change. Change will come, but we have to remember that this is just the beginning. Nothing happens overnight.

    Almost all my personal friends waiting for GC now think they will all get their GC because of Obama. Students think they will get GC stapled to their diplomas and this goes on.

    Things will definitely improve and we all have to work hard. This government will definitely hear our side - and make decisions keeping us in mind.



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  • santb1975
    08-01 11:33 PM
    Great Initiative from a Great Person





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  • waitingGC
    03-09 10:13 AM
    I think most of the EB1 category for India is being used up by the L1-A visa holders who are Multinational Executives.
    The place I work has so many people from Big Indian companies and they have applied in EB-1 category and got their GCs in less than a Year.
    I strongly feel L1-A visa holders shud not be put in EB-1 category.
    What do you think.

    Why not? If multinational executives are not excellent enough to apply for EB1, who esle are?





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  • jonty_11
    08-10 12:10 PM
    concentrate on IV Rally instead....guys..
    Who has gained any solace from Calling USCIS....
    the tier 1 2, or 3 or Tier N at USCIS know nothing......





    casinoroyale
    01-12 07:55 PM
    As per my reading one can re-enter on AP. But do remember that the CBP officer at the port of entry notices that once case is under security check or something he may create issues. But in general i don't think this is the case. One of my friend who was stuck with security check entered using AP. I know him personally so this is for fact happend.

    As per several murthy chat items, Sheela Murthy also thinks one can enter on AP if their H1B visa stamp is rejected to getting delayed.

    But do remember that, your status will change from H1B to PAROLE once you enter using AP. But hey, you can alwyas change it back to H1B once you get the visa.

    One of my personal concerns about this approach (for which i don't have concrete answer), does the consulate consider your visa applicaton abondoned if they find out that the candidate has entered US?

    (not proof reading, plz ignore spelling and grammar mistakes)





    cool_desi_gc
    05-30 09:47 AM
    I did something different.

    In the field "Date of last entry into US", by mistake i put the I-94 validity date. On I-94, there is the date paroled and also the I-94 valid until. By mistake i put in May 2010 instead of May 2009. I did submit the application. When i was sending the supporting documents, i put a cover letter asking them to correct the date. I have to see how they respond. Did anyone actually get this thing corrected. And does these things cause any delays in the processing of the EAD application.



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