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  • sbdol
    07-29 02:07 AM
    My thinking is that this mad rush of dates being current, should not have much effect on the retrogression in Oct 07, because either way most of us will get green cards only after date becomes current....granted we'll get EAD and AP.....Since last retrogression for EB-2 was April 04, my guess is going to be somewhere like Jan 04.........Please share ur thoughts....

    You would agree that the majority of the July gold rush comes from two sources:

    1. Those who waited till their PD becomes current.
    2. Those whose labor certification after many years (5-6) finally was cleared by DOL.
    The group one should not push the retrogression worse than what was before the beginning of the years simply because of the fact they they were retrogressed means their PD is not very old.

    The group two can affect the visa bulleting significantly. In many cases DOL worked upside down clearing the oldest PD the last. The bulk of the cases comes from the infamous 2001 amnesty for illegals when approximately 240,000 application completely clogged DOL. I do not know how many of those 240,000 still around - if we admit 50,000 that means 100,000 green cards = cutoff date for EB3 may go back to 2002.





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  • gc_peshwa
    04-15 01:51 AM
    Spread the word about this campaign with ure friends,colleagues, lets 'DOS proof' our future :-)





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  • glus
    11-06 02:30 PM
    If I renew my H1B can I avoid visa stamping by using the AP travel document.

    I still intend to use my H1B as long as I stay with my current employer, but If I want to change employers or take a different job EAD would be the way to go, in that case would my H1B be invalidated?

    I am concerned if I use EAD for a future job and 485 gets into trouble can I fall back to my H1B easily?


    Thanks to all for the responses.
    If you renew your H-1B, you can the U.S. re-enter on AP, but you will not receive I-94 with H-1B status and you will be a "parolee," which is not any nonimmigrant status. It is safer to just get H-1B stamped.





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  • SDdesi
    06-15 07:57 PM
    WE are in the same situation. Even our company lawyers said the same thing i.e no risk. However, a lot of messages I have seen recommend switching to H4; but then she will have to stop working for some time.



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  • sunny26
    04-26 09:48 PM
    I traveled recently from DTW to india using lufthansa. Allowed two baggage for me and 2 for my son(4yrs old) without any problem





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  • needlotsofluck
    07-28 12:05 PM
    Help, need to clarify.I need help in how to file I-131 for my minor child. I'm doing it myself.
    1.) Is my name be the one to be signed instead of my minor child's name on part 8 of form I131?
    2.) Should I fill up part 9 being the one who filled up the form?
    3. Do we have to actually follow the General tips on filing on USCIS site....http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ff053d146a7ee010VgnVCM1000000ecd190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD

    Thanks



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  • bondgoli007
    07-17 03:13 PM
    Response from my Fragommen paralegal:

    1.Typically how long does DOL take to response to an Audit? Approximately 4 to 7 months.
    2.What kind of response can we expect? Will it be an approval or a further Audit? Unknown. We may receive an approval or we may receive a 2nd audit.
    3. What % of cases get a further audit after a response is filed to an initial Audit? Every case is different, so can't provide you with a percentage.

    I was audited on 6/09 and Fragommen responded on 6/30...No response so far and I have emailed my Fragommen paralegal the following questions;

    1. Typically how long does DOL take to respond to an Audit?
    2. What kind of response can I expect? Will it be an approval or a further Audit?
    3. What % of cases get a further audit after a response is filed to an initial Audit?

    I will send out a response when I hear from him.

    Side question: Is my Priority date the date when PERM was applied or the date the PERM will be approved?

    Thanks.





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  • fide_champ
    03-22 08:11 AM
    Hi Everyone,

    Our Immigration status is EAD and my wife is pregnant,
    We are very happy with the news..

    There is lot of possibility for us to be in India during due date, based on few important events in family.
    We would like to know.. if baby is born in India then what possibilities are there for us to bring baby along with us?
    (if mother stays in India for couple of more months)

    can baby also get Green Card when we (parents) are allotted green card?

    All your advices are always appreciated.

    Thanks & Regards,
    Satya.

    Note: Admins if required, please close this thread and redirect to any existing ones, as i could not find one I have posted a new thread.

    It's no brainer. Have the baby in US and then leave for india. You get US citizenship for your baby free of cost and without any hassles. Your baby can get indian citizenship anytime if that's your goal.



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  • Anders �stberg
    July 16th, 2004, 01:40 PM
    Thanks for the kind comments!

    I've processed some more, plus added a few new ones from today, so I had to start a new Swallows gallery (http://www.dphoto.us/forumphotos/showgallery.php/cat/776). Please visit and tell me what you think! :)

    Concurrent H1 and L1 [Archive] - Immigration Voice

    View Full Version : Concurrent H1 and L1






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  • rayen
    05-19 05:01 PM
    Hi,

    1. I was been advised by my Lawyer to pick "PAR -Parolee" if we have used our AP. But if we have last entered using H1 B then we have to pick "H1 B"

    2. We have to provide the following in this field
    485 receipt number - xxxxxxx
    140 receipt number - xxxxxxx (This is optional)

    I would put the first line with the 485 receipt number

    Lalith,

    Thanks for the promt update.

    Thanks again.



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  • CHHAYA
    04-20 07:08 AM
    I filed paper EAD renewal to TSC. TSC received application on 4/14/11 but my check is not cashed yet. How long they take to deposit the check and issue the receipt notice?





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  • gcisadawg
    02-02 12:56 AM
    dude, I believe the above proposed law is tailored beautifully for illegal immigrants. It mentions about continuous presence but no word on 'legal' continuous presence! Also seems like the 'criminal offense' in US doesnt take into account the very first one, the act of entering illegally!



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  • rajivkane
    05-21 09:52 AM
    HI!

    I have two I-140(both approved) & want to port earlier priority date of 10/21/2003(EB-3 Classification) to my other approved I-140(EB2 Class-priority date 11/14/2005). My EB-3 I-140 was not approved at the time of filling I-485 in July'2007. Both my lawyer & me have written couple of letters to USCIS to do this but still nothing is done. We received a reply to one of my letter asking us to file I-824 "requesting an amended approval notice with retention of earlier priority date". Both I-140 are from the same employer & I am still with them. My questions are 1) do I need to file I-824 or this will be eventually done by USCIS by reminder letters? (2) Will filling I-824 will harm my case in anyway? (3) What "reason for request" to choose on I-824 when filling- as none of the existing ones fit my case( can I say "see attached" & mention ""requesting an amended approval notice with retention of earlier priority date" on anither sheet of paper? (if any one has this experience please guide me) (4) how long does it take to get this done whether we file I-824 or otherwise?(5)Any good lawyer for this?

    Some more :

    Murhy.com has following:

    "However, we at the Murthy Law Firm see cases in which either the I-140 petition with the earlier priority date was not approved until after the I-485 filing or the option was overlooked. In those situations, NSC suggests that the Application for Action on Approved Petition (Form I-824) can be used in order to obtain proof of the change of the priority date. Form I-824 is not required in order to make the request for retention or change of priority date, but it gives a mechanism to obtain a decision and proof that the request was granted"

    Some of the questions based on above:
    (1) Do I require to file I-824 based on this since my EB-3 I-140 was approveD after I filed my I-485 based on EB-2.
    (2) If yes, can I file I-842 or my employer need to file since this is "application for action" on I-140 petititon?
    (3)Why only NSC requires this? Is this law or someone's whim?
    (4) I am already waiting for nearly six month's now- based on porting I am current past six months & we already have sent two letters from my lawyer & two from my side for this.

    Please guide.

    Regards,

    Raj





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  • doudou
    06-25 06:31 PM
    Hi all,
    My attorney (a great guy by the way) filed my I485 without my employment verification letter. When I raised the question, he argued that the employment verification letter cannot be a ground for denial and that worst case scenario will be USCIS sending a RFE.
    Is it true that it is not a ground for denial?
    Is is possible to send it it separately to complete the file?
    What would be your advice?
    Thanks is advance.



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  • paulinasmith
    08-05 12:54 PM
    Hi guys, I am trying to understand this whole process and was wondering if you could help me out.

    I'm a CPA working for a Big4 in the US for h1-B. I have 2 years of experiences (1 with the same company). I am not from Europe. I have the following 2 questions:

    1. What can I expect in terms of waiting for a GC if my employer were to file today? It's a huge firm and submits many GC sponsorship requests per year. I belieave 700 were submitted in 2009.

    2. Would my CPA/Lvl 2 CFA Certification as well as my membership in professional organizations and performance bonuses (highlighting exceptional ability) bump me up to EB2 if EB3 is not current?

    Thank you for your input.


    Even if u are born in Europe the EB-3 priority date of India and Europe are equal/same. EB-3 no longer depend upon your place of Birth.





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  • gcseeker28
    07-28 03:54 PM
    So, I was talking to one of the attorneys and he mentioned that one should contest the denial within 30 days and as long as it is approved, we don't have any problem. But, if the MTR is rejected, then all the days that have been accumulated after the denial will be in illegal status.
    What is the probability of cases of MTR getting approved after the relevant documents have been published?
    For the client letter denial reason, did anybody furnish further documents?
    Appreciate your inputs



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  • lacrossegc
    09-06 03:56 PM
    keep in perspective that --
    H1B Visa is a travel document required for entry into US.
    The green Card is for sponsorship towards FUTURE employment.

    In all cases I dont see any problem with what you are planning to do ...
    as soon as you adjust your status you can move back to US provided your company gives you the same/similar job as you were approved for by the green card.





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  • gcnoteasy
    11-23 11:34 PM
    You should write the job duties, salary , 40hrs.week and get it approved by the lawyer and then email to lawyer. Once lawyer approves you should send it to your friend in Canada and he should print I believe he can notarize in Canada and send it back to you or may be he can print in his company letter head. Thank you.





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  • reedandbamboo
    06-18 04:33 PM
    I called and left a message for the President.

    Please call BEFORE 5 pm Eastern.





    GlobalCitizen
    07-26 09:05 AM
    Hello everyone,
    I got to know about this website recently and I wish I had known it earlier.


    Anyway, I need advice/conformation


    I got married recently outside the US. However, I did not come back with my wife b/c of a couple of reasons. And I cannot bring her here in the next 3 weeks. (My H1B is getting renewed...)

    The company's lawyer is advising me not file for I-485 and wait till I become current again and apply with my wife then. (I am EB3 and my PD is March 2005)

    After reading this web and others, if I go ahead and apply now the following are the choices that I have later. Please confirm if I am right or wrong

    1. Get every document ready for my wife at all times and apply for I-485 immediately after I become current. As long as they receive her I-485 before they approve mine, she is going to be fine. She will be fine even if they receive her I-485 a day before they approve mine.

    2. If my I-485 gets approved before my wife�s I-485 get there, under section 245(k), she has 180 days to send in her I-485 as long as PD is current. And there is no penalty and no other problem with this. She can stay in the country and wait for her I-485 to approve.

    3. If I though that it was a grave mistake to apply for my I-485, I can withdraw it before it gets approved and reapply later with my wife�s when I become current again. No problem with this other than paying the fees again.

    4. My wife and change her H4 to F1 any time she wants to as long as she goes to school full time. She could be on F1 and apply for I-485 when I become current (I feel uneasy on this one).

    Please, let me know if what I listed above is right. These are the only choices that I have ready about. If there are more choices please, let me know that too. I have to make a decision by the end of tomorrow. Thank you all!





    glus
    03-07 12:24 PM
    What you did was technically , not an appropriate step. It is clearly mentioned on AP that it is not intended to circumvent the visa process and this is exactly what you did. Either you should travel on AP OR apply for visa and wait for the visa. One of my friends did this and POE was not happy with it. So one should use AP very carefully.

    Circumvent a visa does not = with the fact that one's H1 visa petition is pending for long and uses AP to re-enter. There is nothing wrong with this. Entering on AP instead on H1 is not 'circumventing visa.' Once he receives an email that his H1 can be issued, he can go back, get h1 and re-enter without any issues.