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  • tinuverma
    11-09 09:44 AM
    Hello guys,
    Firstly happy diwali to everyone at IV
    Quick background:
    H1-B valid till jan-2010
    Application for GC filed on July 23rd 2007 (reached USCIS - DHL i think)
    All checks encashed on oct 17th 2007
    Received fingure printing notice on Nov 6th for both - wife and I
    Received EAD for both nov 8th.
    I work for a consulting company like many others here. This puts me in a spot, if I call the lawyer and ask for advise, he says he is representing my company and cannot answer certain questions. I cannot ask my consulting company for obvious reasons. Hence turning to you guys for help.
    Now here is my question:
    my priority date is sept 2005. With the dates above, when is it safest to change jobs? Also what is the reason my lawyer (or paralegal) indicated that it is better if I change jobs only after getting my green card?
    When I asked if it is ok to travel on H1/H4 to India ...I was informed that it is better not to travel until all this is over. Is there something I am missing? Why is it not safe to travel while on EAD and yet to have the GC in hand?
    Last and most imp, is there any on when I can hope to get the actual green card?(dont shout..i know most are still waiting for their receipt notice..but please understand..i am done with that and now want to know what's next).

    Peace.

    Thanks in advance.





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  • pragir
    09-18 10:23 PM
    We are in the same boat as you guys. Our lawyers said that the receipt date on the receipt notice is imp. The others can be ignored.





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  • rb_248
    08-14 06:56 AM
    Can people convert LC pending in BEC to PERM? If So, how safe it is and how much time it takes totally.

    It can be done. For my case it took about 6 months. If you are in your 6th year or beyond, it is risky. But, note that your PERM application you submit must be identical to your old application to retain your PD.





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  • voldemar
    01-10 10:33 AM
    I am in similar situation,
    But my wife will not be having a valid visa while returning and she will not have her AP before leaving US.?

    I would mail the AP once it is approved and can she come back with AP?
    If she doesn't have AP approved or H4 visa stamp, her 485 application could be treated as abandoned when she leaves US.



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  • bitzbytz
    05-12 06:47 PM
    waiting...





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  • saurav_4096
    03-14 11:22 AM
    I just came back from bombay. I did not have an AP. I went to the consulate for stamping. If you are maintaining valid h1b status and have a stamp, there is no issue at all. Just carry your I-485 receipt with you and make sure you mention it at POE.

    Hi nfinity,
    I am planning to get H1B from Mumbai consulate in April, with my i-485 pending. It was good to read your post about successful stamping at mumbai consulate. I would appereciate if you can share you experience at
    1. mumbai consultate,
    2. POE
    3. If you have any additional tips.

    Thanks
    Saurav



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  • gvenkat
    05-17 07:35 AM
    I believer you have to show somehow your resposnisbilities include that as well. I don't think it's that difficult





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  • seahawks
    01-01 05:10 AM
    congratulations after all the hardships you had to wait for. Me too had to wait 4 years (48 months) just for my labor to be approved:) Hopefully 2009 should really be a Happy New Year if we all work hard together!



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  • naan
    07-15 10:02 PM
    http://www.youtube.com/watch?v=qP79UslTUr8

    http://www.youtube.com/watch?v=ovhoH0ZW0No

    MSNBC coverage of the July 2nd Fiasco.





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  • shanti
    08-03 02:31 PM
    Ok, what I posted is from these guidelines http://www.hooyou.com/lc/perm_eb2vseb3.html , EB2 used to be easier before PERM, it is also possible if position is job zone 4 but SVP is 8 or higher to go via EB2- PERM, I hope you are right in disagreeing though.



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  • sekharan
    10-14 07:23 PM
    Very nice. It looks like we can get married soon!





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  • days_go_by
    08-04 07:20 AM
    from immigration-law.com
    08/04/2006: Elimination of Backlog Labor Certification Applications: Feasible in 14 Months?

    * The DOL authorities confirmed in San Antonio in June that the data entries were about to be completed by the end of June and mailing out of all the 45-day letters might also be completed by middle or within July 2006. The authorities also confirmed that traditional regular labor certification applicants would start receiving the recruitment instructions with their prevailing wage determination to accelerate the recruitment process beginning from later part of July 2006.
    * For a while, the employers received en masse the 45-day letters in the mail, but lately it has slowed down for unknown reasons. Sources indicate that the initial schedule has been somewhat pushed off. However, the DOL website still promises that they will eliminate all the backlog cases in 14 months. The period of 14 months may be a long time for the immigrants but a short time for the agency to eliminate tons of complicated labor certification applications. This is particularly true in that as the elimination program approaches the end of the rope, the morale of the temporary workers that manage, operate, and process applications is expected to drop substantially.
    * The late slow-down of the pace of processing of the backlog applications raises a misgiving that unless the agency works out a special procedure or device, they may not be able to reach the goal.. There are still tons of traditional applications that await a time-consuming supervised recruitment process and adjudication including audits. The c6nsumers want to see some speed-up action before we approach the year-end holiday season and work slow-downs.



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  • leo2606
    09-15 06:39 PM
    Do we have any guesstimate for the number of attendies for the rally?





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  • jamesingham
    06-23 08:59 AM
    No not yet. Attorney says I will get it in October of this year. He also said PERM is going to be no problem .. problem may arise when we apply for EB-2 140.

    Yes, the responsibilities are 50% different than my previous job.



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  • small2006
    07-17 10:51 AM
    Folks,
    Last month I called TSC and got a really nice IO. I was checking on my FBI name check status and he told me that he can get more details by A# instead of receipt NO. He in fact found my A# as i only had receipt number handy. He than told me that the FBI checks are cleared and my case is assigned to an IO.
    Does case assigned to an IO means that when Visa nos are available i have chance to get GC? Does it mean it is adjudicated and waiting for visa NO?

    EB2-I
    PD: Jul 2004
    I-140 approved
    I-485: RD 02 Aug, 2007


    I did not know that you could call TSC directly. I am one of those still waiting for my FP notice. I have called USCIS 866 number several times and opened SRs but to no avail. Do you think calling TSC directly would bear any fruit and if so could you please send me the number and any additional relevant info based on your experience?

    Thanks.





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  • mayurcreation
    08-29 02:26 PM
    As mentioned this is going to be very important and historical rally. All participant should know what to speak and how to speak in front of media, news channel, reporters, etc... This rally is not a fun activity or a joke.

    Media, News Channel, Reporters, etc.. must be invited on the day of event.

    Good Luck:)



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  • godbless
    11-02 01:55 PM
    Yes, he will get his EAD. His 485 will not be adjudicated until his PD is current. 140 Preimum doesnt do any help for your brother. He should get his EAD in approx 90 days from the date of receipt.

    Can you request your brother to sign up on IV after his work at his facility? Every member counts!

    Thanks a lot for your reply. Yes, sure I am going to ask him to sign up on IV.





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  • rolrblade
    07-20 01:29 PM
    My attorney said e-notice is fine and applied.
    but in enotice it is written

    Please note that this e-mail message is being sent as a
    courtesy and cannot be used as evidence of nonimmigrant
    status. Nor can this message be used as evidence to procure
    an immigrant visa


    I am worried if my packages comes back after aug 17?

    read carefully to what Superdude wrote...... your answre is in there.

    To file I-485 you need a I-140 RECEIPT NOTICE. You dont need an approved I-140 to file 485. If you attached your I-140 receipt notice then you are fine.





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  • waitingnwaiting
    05-16 02:42 PM
    PD June 12, 2006 NSC
    Waiting for my spouse's GC (dependent)

    I got mine (primary) over the weekend. Any one else in same boat ?
    Me and my spouse didn't applied together, I added her in 2008.

    Happy to see more approvals. You should think about contributing to IV that helped you in your green card journey





    vallabhu
    09-10 10:04 AM
    Currently on H1B 8th year extension which will expire on 25th June, 2009.

    Labor PD: 9th August, 2004
    Labor cleared: 11th September, 2007.
    I-140 (approval pending) filed on 4th October, 2007. Received at USCIS on 5th October, 2007.
    Can’t file for I-485 since the EB3 date for India is unavailable.

    There is a high chance that I might be laid off at my current employer in the next 2-3 weeks.

    Can I transfer my H-1 upto June 25th, 2009 (or later) as well as start a new PERM case in EB2 category?

    In case of the above H-1 transfer, will the new H-1 be valid for 1 year from the filing or will it be upto 25th June, 2009?

    What are my other options not to go out of status or leave the country?

    To my knowledge you do not need have Labor pending from the same company you apply for H1 extension we did the same thing for on of my colleague here he had labor pending form his previous company and we hired him in his 7th year extension with no issues

    So find a new job apply for H1 do premium show this pending labor and pending I140 as basis for H1 extension and transfer

    an then apply for new perm and if your existing company is willing the share copy of your I140 if it is approved you can carry over the priority date too.

    if they revoke I140 nothing can be done even you H1 extension will be in jeopardy it will totally depend on the adjudicator's understanding of the law to process your application





    cdin2000
    07-19 09:57 AM
    It depends on the hospital's immigration knowledge. Most of the hospitals in the NY/NJ/CT/MA/CA where there are a lot of immigrants are aware of EAD.
    So they prefer EAD over H1/J1 as they can avoid the process of application.
    This is from my personal experience. Some states like Maine, New Hampshre are not even aware of EAD. In such hospitals you can take a chance with the expectation of getting a Green card and convince them with the Social security number. Also apply for your social security number once you get your EAD. This really helps if you need to convince the hospital.

    Overall having an EAD is a big plus when compared to H1. NEVER go for J1. The waivers are very difficult to get and you'd have a lot of mental tension. I dont think its worth it, if you are planning to stay in USA. My wife stayed home for a year, when she was matched for a J1 hospital. She again applied the next year and got a H1.



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